AMENDED IN BOARD 3/1/2016 ORDINANCE NO

Transcription

1 FILE NO. 01 AMENDED IN BOARD /1/ ORDINANCE NO. - [Planning, Building Codes - Conditional Use Required to Remove Any Residential Unit, 1 inluding an Illegal Unauthorized Unit] 1 1 Ordinane amending the Planning Code to require Conditional Use authorization for the removal of any residential unit (whether authorized -legal or unauthorized illegal) and to exempt from the Conditional Use appliation requirement unauthorized illegal units where there is no legal path for legalization,! and residential units that have reeived prior Planning approval. and single-family homes that are demonstrably unaffordable or unsound; amending the Building Code to require that noties of violation mandate order the filing of an appliation to legalize legalization of an unauthorized illegal unit unless infeasible under the Building Code,! GF the Planning Commission approves its removal, or a serious and imminent hazard exists on the property and requiring re issuanoe of unabated notioes of violation to inolude the lie\\.' requirement; affirming the Planning Department's determination under the California Environmental Quality At; and making findings of onsisteny with the General Plan, Planning Code Setion 0, and the eight priority poliies of Planning Code Setion 1.1. NOTE: Unhanged Code text and unodified text are in plain Arial font. Additions to Codes are in single-underline italis Times New Roman font. Deletions to Codes are in strikethrough italis Times Neri' Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough /\rial font. Asterisks () indiate the omission of unhanged Code subsetions or parts of tables. Be it ordained by the People of the City and County of San Franiso: Setion 1. Findings. BOARD OF SUPERVISORS Page 1

2 (a) The Planning Department has determined that the ations ontemplated in this ordinane omply with the California Environmental Quality At (California Publi Resoures Code Setions 000 et seq.). Said determination is on file with the Clerk of the Board of Supervisors in File No. 0 and is inorporated herein by referene. The Board affirms this determination. (b) On Deember,, the Planning Commission, in Resolution No. 1, adopted findings that the ations ontemplated in this ordinane are onsistent, on balane, with the City's General Plan and the eight priority poliies of Planning Code Setion 1.1. The Board adopts these findings as its own. A opy of said Resolution is on file with the Clerk 1 O of the Board of Supervisors in File No. 0 01, and is inorporated herein by referene. () Pursuant to Planning Code Setion 0, this Board finds that these Planning Code amendments will serve the publi neessity, onveniene, and welfare for the reasons set forth in Planning Commission Resolution No. 1 and the Board inorporates suh reasons herein by referene. Setion. The Planning Code is hereby amended by revising Setion and 1 deleting Setion.1, to read as follows: 1 SEC.. LOSS OF DWELUlVGRESIDENTIALAND UNAUTHORIZED UNITS THROUGH DEMOLITION, MERGER AND CONVERSION. (b) Definitions. For the purposes of this Setion, the terms below shall be as defined b..elqw as follm.vs: Capitalized terms not defined below are defined in Setion of this Code. BOARD OF SUPERVISORS Page

3 (1) "Residential Conversion" shall mean the removal of ooking failities, hange of oupany (as defined and regulated by the Building Code), or hange of use (as defined and regulated by the Planning Code), of any Residential Unit or Unauthorized Unit to a nnon-p[{esidential or Student Housing use. () "Residential Merger" shall mean the ombining of two or more kgel Residential or Unauthorized Units, resulting in a derease in the number of Residential Units and Unauthorized Units within a building, or the enlargement of one or more existing units while substantially reduing the size of others by more than % of their original floor area, even if 1 O the number of units is not redued. The Planning Commission may redue the numerial element of this riterion by up to % of its value should it deem that adjustment is neessary to implement the intent of this Setion, to onserve existing housing and preserve affordable housing. () "Removal" shall mean, with referene to a Residential or Unauthorized Unit, its Conversion, Demolition, or Merger. 1 () "Residential Unit" shall mean a legal onforming or legal nononforming 1 Dwelling Unit, & a legal nononforming Live/Work Unit or Group Housing, 'Nhih are defined in Setion of this Code. () "Unauthorized Unit" shall mean one or more rooms within a building that have been used, without the benefit of a building permit, as a separate and distint living or sleeping spae independent from Residential Units on the same property. "Independent" shall mean that (i) the spae has independent aess that does not require entering a Residential Unit on the property and (ii) there is no open, visual onnetion to a Residential Unit on the property. BOARD OF SUPERVISORS Page

4 {Hl "Vertial Envelope Elements" shall mean all exterior walls that provide weather and thermal barriers between the interior and exterior of the building, or that provide strutural support to other elements of the building envelope. () Appliability, Exemptions. (1) An Any appliation for a permit that would result in the /.esrr Removal of one or more Residential Units or Unauthorized Units is required to obtain Conditional Use authorization; provided, hovvever, that in the RTO, RTO },f, 1'1CT, and Upper },/arket 1 1CD Zoning Distrits, as well as the loss o.fany residential unit above the groundjloor in the C Zoning Distrit, 1 O only the Removal of a Residential Unit or Unauthorized Unit above the ground floor requires a Conditional Use authorization. The appliation for a replaement building or alteration permit shall also be subjet to Conditional Use requirements. Wllen onsidering whether to grant Conditional Use authorization for the loss of dwelling unit(s) in the C distrits, in lieu o.f the riteria set forth in Planning Code Setion 0, onsideration shall be given to the adverse impat on the publi health, sefety, and general welfare of the loss of housing stok in the distrit and to Bny unre 1SonBble hardship to the BppliBnt if the permit is denied. Any BppliBtion.for l permit thbt would result in the loss or Remmml o.f three or more Residential Units, notwithsf lnding Bny other setions of 1 this Code, sh Bil require l ConditionBl Use Buthorization for the RemovBl Bnd replaement of the units. 1 ApprmBl of any other BppliBtion thbt would result in the loss or RemovBl &jup to two ResidentiBl Units is prohibited unless the Planning Commission Bpproves suh permit Bppliation Bnd the replaement struture permit Bppliation It l A/andatory DisretionBry Review hebring, with erf lin exeptions speified belo1f. () The Conditional Use requirement of Subsetion ()(1) shall apply to (A) any building or site permit issued for Removal of an Unauthorized Unit on or after Marh 1. BOARD OF SUPERVISORS Page

5 . and (B) any permit issued for Removal of an Unauthorized Unit prior to Marh 1, that has been suspended by the City or in whih the appliant's rights have not vested. {-) The Removal ofa Residential or Unauthorized Unit that has reeived approval tram the Planning Department through administrative approval or the Planning Commission through a Disretionary Review or Conditional Use authorization prior to the effetive date ofthe Conditional Use requirement o[subsetion ()(I) is not required to apply for an additional approval under Subsetion ()(I ). ~ The Removal of an Unauthorized Unit does not require a Conditional Use authorization pursuant to Subsetion ()(l) i[the Department of Building Inspetion has determined 1 O that there is no~ path for legalization under Setion A..1. of the Building Code. () The Demolition of a Single-Family Residential Building that meets the requirements of Subsetion (d)() below may be approved by the Department without requiring a Conditional Use authorization. (d) Demolition. (1) No permit to Demolish a Residential Building in any zoning distrit shall be issued until a building permit for the replaement struture is finally approved, unless the building is determined to pose a serious and imminent hazard as defined in the Building Code. 1 A building permit is finally approved if the Board of Appeals has taken final ation for approval 1 on an appeal of the issuane or denial of the permit or if the permit has been issued and the time for filing an appeal with the Board of Appeals has lapsed with no appeal filed. () ::(fconditional Use authorization is required for approval of the permit for Residential Demolition by other setions rrfthis Code, and the Commission shall onsider the replaement struture as part of its deision on the Conditional Use appliation. If Conditional Use authorization is required for the replaement struture by other setions of this Code, the Commission shall onsider the demolition as part of its deision on the Conditional Use BOARD OF SUPERVISORS Page

6 appliation. In either ase, },fandatory Disretionary Re-view is not required, although the Commission shall apply appropriate riteria adopted imder this Setion in addition to the riteri l in Setion 0 o.fthe Planning Code in its onsideration of Conditional Use authorimtion. Ifneitherpermit appliation is subjet to Conditional Use authorimtion, then separate },{andatory Disretion Review ases shall be heard to onsider the permit appliations fer the demoliti01i and the replaement strufbtre. F'or those Eippliations for a Residential Demolition in distrits that require },{and ltory Disretionary Re';Jie-w, administratrve revie-,,, riteria shall ensure that only aan g appliation to demolish a Single-Family Residential Building on a site in a RH-1 or RH-1 (D) 1 O Distrit that is demonstrably not affordable or finanially aessible housing, or Residential Buildings of two units or fewer fl.wt are found to be unsound housing, is exempt from the Conditional Use authorization requirement of Subsetion ()(1). },{andatory Disretionary Review he lrings. Speifi numerial riteria for suh analyses shall be adopted by the Planning Commission in the Code Implementation Doument. in aordane with this Setion. and shall be adjusted periodially by the Zoning Administrator based on established eonomi real estate and onstrution indiators. (A) The Planning Commission shall determine a level of affordability or 1 finanial aessibility. suh that Single-Family Residential Buildings on sites in RH-1 and RH- 1 1 (D) Distrits that are demonstrably not affordable or finanially aessible. that is. housing that has a value greater than at least 0% of the ombined land and struture values of single-family homes in San Franiso as determined by a redible appraisal, made within six months of the appliation to demolish, are not subjet to a Conditional Use hearing. The demolition and replaement building appliations shall undergo notifiation as required by other setions of this Code. The Planning Commission. in the Code Implementation Doument. may inrease the numerial riterion in this Subsetion by up to % of its value BOARD OF SUPERVISORS Page

7 should it deem that adjustment is neessary to implement the intent of this Setion, to onserve existing housing and preserve affordable housing. (B) The Planning Commission. in the Code Implementation Doument. shall adopt riteria and proedures for determining the soundness of a struture proposed for demolition, where "soundness" is an eonomi measure of the feasibility of upgrading a residene that is defiient with respet to habitability and Housing Code requirements, due to its original onstrution. The "soundness fator" for a struture shall be the ratio of a onstrution upgrade ost (i.e., an estimate of the ost to repair speifi habitability defiienies) to the replaement ost (i.e.. an estimate of the urrent ost of building a 1 O struture the same size as the existing building proposed for demolition), expressed as a perent. A building is unsound if its soundness fator exeeds 0%. A Residential Building that is unsound may be approved for demolition. (C) The PZ 1nning Commission shall onsider the following additional riteria in the review of appliations for Residential Demolition: Code ';iolations; 1 sanitary ondition; 1 adver~e impat binder CEQA; tenure or oupany, (i) (ii) (iii) (iv) (vi) ',vhether the property is free ofa history ofserious, ontinuing whether the housing has been maintained in a deent, sqfe, and whether the property is an "historial resoure" under CEQA; whether the removal af the resoure will have a substantial whether tlze projet onverts rental housing to other forms of whether the prajet removes rental units su!jjet to the Rent Stabilization and Arbitration Ordinane or affordable housing, BOARD OF SUPERVISORS Page

8 (vii) whether the projet onserves existing housing to presene ulture! end eonomi neighborhood diversity; (viii) whether the pr&jet onserves neighborhood hereter to preserve neighborhood ulture! end eonomi diver.sity; (ix) whether the projet protets the releth'e ejfordebility of existing housing; (x) whether the pr&jet inre 1Ses the number ofpermenently effordahle units es gm1emed by Setion ; 1 0 esteblished neighborhoods; (xi) (xii) whether the projet loetes in fill housing on appropriete sites in whether the projet inre 1Ses the number of family sized units on s#e+ ' (xiii) whether the projet reetes ne-w supportive housing; (xiv) whether the projet is ofsuperb erhiteturel end urben design, meeting ell relevent design guidelines, to enhane existing neighborhood hereter; 1 (n) (xvi) whether the projet inre 1Ses the number of on site dwelling whether the projet inre 1Ses the number of on site bedrooms. 1 ~ ~ Nothing in this Setion is intended to permit Residential Demolition in those areas of the City where other setions of this Code prohibit suh demolition or replaement struture. ifil ~ Nothing in this Setion is intended to exempt buildings or sites where demolition is proposed from undergoing review with respet to Artiles and of the Planning Code, where the requirements of those artiles apply. Notwithstanding the definition of "Residential Demolition" in this setion and as further desribed in the Code BOARD OF SUPERVISORS Page

9 Implementation Doument with regard to Residential Demolition, the riteria of Setion 0 shall apply to projets subjet to review under the requirements of Artile with regard to the struture itself. (e) Conversion to Student Housing. The onversion of Residential Units to Student Housing is prohibited. For the purposes of this subsetion, Residential Units that have been defined as suh by the time a First Certifiate of Oupany has been issued by the Department of Building Inspetion for new onstrution shall not be onverted to Student Housing. (f) Residential Merger. The Merger of Residential Units, not otherwise subjet to Conditional Use authorization by this Code, shall be prohibited. (g) Conditional Use Criteria. 0) C- Distrits. When onsidering whether to grant Conditional Use authorization for the loss or Unauthorized Unit(s) in the C- distrits, in lieu o[the riteria set forth in Planning Code Setion 0, onsideration shall be given to the adverse impat on the publi health, safety, and general welfare of the loss of housing stok in the distrit and to any unreasonable hardship to the appliant if the permit is denied. 1 m (1) Residential Merger. The },ferger a/residential Units, not othen~ ise subjet to Conditional Use 1 authorfaation by this Code., shall be prohibited, tmless the Planning Commission approves the building permit appliation at a },fandatory Disretionary Re,.iew hearing, Elpplying the riteria in subsetion () below, or tlw projet qualifies for administrative approval and tlw Planning Department Elpproves the projet administratively in aordane with, subsetion () below. The Planning Commission shall onsider the following riteria in the review of appliations to merge Residential Units or Unauthorized Units: BOARD OF SUPERVISORS Page

10 (A) whether removal of the unit(s) would eliminate only owner oupied housing, and if so, for how long the unit(s) proposed to be removed have been owner oupied; (B) whether removal of the unit(s) and the merger with another is intended for owner oupany; (C) whether the removal of the unit(s) will remove an affordable housing unit as defined in Setion 01 - of this Code or housing subjet to the Residential Rent Stabilization and Arbitration Ordinane; (D whether removal of the unit(s) will bring the building loser into onformane with presribed zoning; (E) (D) if removal of the unit(s) removes an affordable housing unit as defined in Setion 01 of this Code or units subjet to the Residential Rent Stabilization and Arbitration Ordinane, whether replaement housing will be provided whih is equal or greater in size, number of bedrooms, affordability, and suitability to households with hildren to the units being removed; (E) (F) how reently the unit being removed was oupied by a tenant or tenants; whether the number of bedrooms provided in the merged unit will 1 be equal to or greater than the number of bedrooms in the separate units; 1 (G) whether removal of the unit(s) is neessary to orret design or funtional defiienies that annot be orreted through interior alterations..:. (H) the appraised value ofthe least expensive Residential Unit proposed for merger only when the merger does not involve an Unauthorized Unit. () Administrative review riteria shall ensure that only those Residential Units proposed for A1erger that are demonstrably not affordeble or finanially aessible housing are exempt from A1andG:tory Disretionary Reviffw hearings. Appliations for whih the least expensive unit BOARD OF SUPERVISORS Page

11 proposed for merjtcr hes e '1mlue greeter then et kest 0% of the ombined land end struture -velues ofsingle family homes in Sen Fmniso, es determined by e redible appmisel, mede within six months of the applietion to merjtc, ere not su&jet to e Afandtltory Disretionery Reiliew heering. The P! lnning Commission, in the Code Implemenf ltion Doument, may inrease the numeriel riterion in this subsetion by up to % of its ';elue should it deem thet edjustment is neessery to implement tlw intent of this Setion, to onserile existing housing endpresene efferdeble housing. The Planning Commission shall not approve an appliation for Residential mmerger if any tenant has been evited pursuant to Administrative Code Setions.(a)() through.(a)() where the tenant was served with a notie of evition after Deember, 1 O if the notie was served within ten {) years prior to filing the appliation for merger. Additionally, the Planning Commission shall not approve an appliation for Residential mmerger if any tenant has been evited pursuant to Administrative Code Setion.(a)() where the tenant was served with a notie of evition after Deember, if the notie was served within five () years prior to filing the appliation for merger. This Subsetion {e)(f (g)(){h) shall not apply if the tenant was evited under Setion.(a)() or.(a)() and the appliant(s) either (A) have ertified that the original tenant reoupied the unit after the temporary evition or (B) have submitted to the Planning Commission a delaration from the 1 property owner or the tenant ertifying that the property owner or the Rent Board notified the 1 tenant of the tenant's right to reoupy the unit after the temporary evition and that the tenant hose not to reoupy it. m (I) Residential Conversion. Residentiel Conversion not otherwise prohibited or su&jet to Conditionel Use euthorizetion by this Code, shell be prohibited, imless the P! lnning Commission apprmes the building permit applietion et e Atfandtltory Disretionery Reilie-w heering, or is exemptedfrom suh apprmel esprmided in subsetions (/)() or (1) below. The onversion ofresidentiel Units to Student Housing BOARD OF SUPERVISORS Page

12 is prohibited For the pbtrposes of this st.'bsetion, Residential Units that ha';e been defined as suh by the time a :First Certifiate of Oupwwy has been issued by the Department ofbbtilding Inspetion for new onstrbltion shall not be onverted to Student Housing. The Planning Commission shall onsider the following riteria in the review of appliations for Residential Conversion Conversation; (A) whether onversion of the unit(s) would eliminate only owner oupied housing, and if so, for how long the unit(s) proposed to be removed were owner oupied; (B) whether Residential Conversion Conversation would provide 1 O desirable new nnon-fb_esidential uuse(s) appropriate for the neighborhood and adjoining distrit(s); (C) in distrits where Residential Uses are not permitted, whether Residential Conversion will bring the building loser into onformane with the uuses permitted in the zoning distrit; (D) whether onversion of the unit(s) will be detrimental to the City's housing stok; (E) whether onversion of the unit(s) is neessary to eliminate design, 1 funtional, or habitability defiienies that annot otherwise be orreted; 1 (F) whether the Residential Conversion will remove Affordable Housing, or units subjet to the Residential Rent Stabilization and Arbitration Ordinane. tj fill Residential Demolition. The Planning Commission shall onsider the {Ollowing additional riteria in the review of appliations for Residential Demolition: {A) whether the property is free ofa history of serious. ontinuing Code violations; BOARD OF SUPERVISORS Page

13 ondition; impat under CEQA; oupany; (B) (C) (D) (E) (F) whether the housing has been maintained in a deent, safe, and sanitary whether the property is an "historial resoure" under CEQA; whether the removal ofthe resoure will have a substantial adverse whether the projet onverts rental housing to other forms o[tenure or whether the projet removes rental units subjet to the Residential Rent Stabilization and Arbitration Ordinane or affordable housing; (G) whether the projet onserves existing housing to preserve ultural and eonomi neighborhood diversity; (H) whether the projet onserves neighborhood harater to preserve neighborhood ultural and eonomi diversity; (I) whether the projet protets the relative affordability of existing housing; {J) whether the projet inreases the number ofpermanently affprdable units as governed by Setion ; (K) whether the projet loates in-fill housing on appropriate sites in 1 established neighborhoods; 1 (L) (M) (N) whether the projet inreases the number of.family-sized units on-site; whether the projet reates new supportive housing; whether the projet is of superb arhitetural and urban design, meeting all relevant design guidelines, to enhane existing neighborhood harater; (0) {P) whether the projet inreases the number of on-site Dwelling Units; whether the projet inreases the number of on-site bedrooms. BOARD OF SUPERVISORS Page

14 (Q) whether or not the replaement projet would maximize density on the subjet lot, and (R) ifreplaing a building not subjet to the Residential Rent Stabilization and Arbitration Ordinane, whether the new projet replaes all o[the existing units with new Dwelling Units ofa similar size and with the same number of bedrooms. fat (} Removal of Unauthorized Units. In addition to the riteria set forth in ssubsetions (g)(l) through (g)() above, the Planning Commission shall onsider the riteria below in the review of appliations for removal of Unauthorized Units: (A) whether the Unauthorized Unit or Units are eligible for legalization under Setion. ofthis Code, {B) whether the osts to legalize the Unauthorized Unit or Units under the Planning, Building, and other appliable Codes is reasonable based on how suh ost ompares to the average ost of!egalization per unit derived from the ost ofprojets on the Planning Department's Master List of Additional Dwelling Units Approved required by Setion.(k) of this Code; (C) whether it is finanially feasible to legalize the Unauthorized Unit or Units. Suh determination will be based on the osts to legalize the Unauthorized Unit{s) under the Planning, Building, and other appliable Codes in omparison to the added value that legalizing said 1 Units would provide to the subjet property. The gain in the value of the subjet property shall be based 1 on the urrent value o[the property with the Unauthorized Unit{s) ompared to the value ofthe property ifthe Unauthorized Unit{s) is/are legalized. The alulation of the gain in value shall be onduted and approved by a California liensed property appraiser. Legalization would be deemed finanially feasible ifgain in the value of the subjet property is equal to or greater than the ost to legalize the Unauthorized Unit. (0) If no City funds are available to assist the property owner with the ost of legalization, whether the ost would onstitute a finanial hardship. BOARD OF SUPERVISORS Page

15 tat ill Denial o[appliation to Remove an Unauthorized Unitj Requirement to Legalize the Unit. Jfthe Planning Commission denies an appliation to Remove an Unauthorized Unit, the property owner shall file an appliation for a building permit to legalize the Unit. Failure to do so within a reasonable period oftime, as determined by the Zoning Administrator, shall be deemed to be a violation ofthe Planning Code. {h) Notie of Conditional Use Hearing. At least twenty days prior to any hearing to onsider a Conditional Use authorization under Subsetion (g)(), {g){), g(), or {g){). the Zoning Administrator shall ause a written notie ontaining the following information to be mailed to all Residential Units and if known any Unauthorized Units in the building, in addition to any other notie required under this Code: (1) Notie ofthe time, plae, and purpose o[the hearing; and () An explanation o[the proess for demolishing, merging, or onverting Residential Units or Unauthorized Units, inluding a desription of subsequent permits that would be required from the Planning Department and Department of Building Inspetion and how they ould be appealed fgf {fl Additional Exemptions. This Setion shall not apply to property: (1) () Owned by the United States or any of its agenies; Owned by the State of California or any of its agenies, with the 1 exeption of suh property not used exlusively for a governmental purpose; 1 () Under the jurisdition of the Port of San Franiso or the Suessor Ageny to the Redevelopment Ageny of the City and County efwhere the appliation of this Setion is prohibited by State or loal law; or () Where demolition of the building or Removal of a Residential Unit or Unauthorized Unit is neessary to omply with a ourt order or City order that direts the owner to demolish the building or remove the unit, due to onditions that present an imminent threat to life safety. BOARD OF SUPERVISORS Page

16 SEC..1. LOSS OF RESIDENTIAL AND UNAUTHORIZED UNITS INC DISTRICTS THROUGH DEMOLITION, MERGER, AND CONVERSION. (a) Definitions. For the purposes of this Setion.1, the terms belov. shall be as defined belmv. Capitalized terms not defined belovv are defined in Setion of this Code. "Removal" shall mean,.vith referene to a Residential or Unauthorized Unit, its 1 Conversion, Demolition, or Merger. "Residential Conversion" shall mean the removal of ooking failities, hange of oupany (as defined and regulated by the Building Code), or hange of use (as defined and regulated by the Planning Code), of any Residential Unit or Unauthorized Unit to a Non 1 O Residential or Student Housing use. "Residential Demolition" shall have the meaning set forth in Setion (b)() of this Code. "Residential Merger" shall mean the ombining of 't'no or more Residential or Unauthorized Units, resulting in a derease in the number of Residential Units and Unauthorized Units \Nithin a building, or the enlargement of one or more existing units 'Nhile reduing the size of other units by more than % of their original floor area, even if the number of units is not redued. The Planning Commission may redue the numerial element 1 of this riterion by up to % of its value should it deem that adjustment neessary to 1 implement the intent of this Setion.1, to onserve existing housing and preserve affordable housing. "Residential Unit" shall mean a legal onforming or legal nononforming Dwelling Unit, or a legal nononforming Live/VVork Unit or Group Housing. "Unauthorized Unit" shall mean one or more rooms \Nithin a building that have been used, without the benefit of a building permit, as a separate and distint living or sleeping spae independent from Residential Units on the same property. In this ontext, BOARD OF SUPERVISORS Page

17 "independent" shall mean that (A) the spae has separate aess that does not require entering a Residential Unit on the property and (B) there is no open, visual onnetion to a Residential Unit on the property. (b) Appliability; Exemption for Unauthorized Unit. (1) Any appliation for a permit that would result in the Removal of one or more Residential Units or Unauthorized Units in a C (Dmvntovm Commerial) Distrit is required to obtain Conditional Use authorization. The appliation for a replaement building or alteration permit shall also be subjet to Conditional Use requirements. () The Conditional Use requirement of Subsetion (b)(1) shall apply to 0A.) 1 O any building or site permit for Removal of an Unauthorized Unit issued on or after Marh 1,, and (B) any permit for Removal of an Unauthorized Unit issued prior to Marh 1,, that has been suspended by the City or in whih the appliant's rights have not vested. () The Removal of a Residential Unit that has reeived approval from the Planning Department through administrative approval or the Planning Commission through Disretionary Review or Conditional Use authorization prior to the effetive date of this Setion.1 is not required to apply for an additional approval under Subsetion (b)(1). () The Removal of an Unauthorized Unit does not require a Conditional Use 1 authorization pursuant to Subsetion (b)(1) if the Department has determined that there is no 1 legal path for legalization. () Demolition. (1) No permit to Demolish a Residential Building in a C Distrit shall be issued until a building permit for the replaement struture is finally approved, unless the building is determined to pose a serious and imminent hazard as defined in the Building Code. A building permit is finally approved if the Board of Appeals has taken final ation for approval SupeNisor Avalos BOARD OF SUPERVISORS Page

18 on an appeal of the issuane or denial of the permit or if the permit has been issued and the time for filing an appeal 1 Nith the Board of Appeals has lapsed with no appeal filed. () Conditional Use authorization is required for approval of the permit for Residential Demolition in a C Distrit, and the Commission shall onsider the replaement struture as part of its deision on the Conditional Use appliation. If Conditional Use authorization is required for the replaement struture by other setions of this Code, the Commission shall onsider the demolition as part of its deision on the Conditional Use appliation. () Nothing in this Setion.1 is intended to exempt buildings or sites 1 O 'Nhere demolition is proposed from undergoing reviei.v with respet to Artiles and of the Planning Code,.vhere the requirements of those Artiles apply. Not\vithstanding the definition of "Residential Demolition" in this Setion.1 and as further desribed in the Code Implementation Doument with regard to Residential Demolition, the riteria of Setion 0 shall apply to projets subjet to review under the requirements of Artile \Vith regard to the struture itself. (d) Conversion to Student Housing. The onversion of Residential Units to Student Housing is prohibited in C Distrits. For the purposes of this subsetion (d), 1 Residential Units that have been defined as suh by the time a First Certifiate of Oupany 1 has been issued by the Department of Building Inspetion for new onstrution shall not be onverted to Student Housing. (e) Conditional Use Criteria. VVhen onsidering.vhether to grant Conditional Use authorization for the loss or Unauthorized Unit(s) in C Distrits, in lieu of the riteria set forth in Planning Code Setion 0, onsideration shall be given to the adverse impat on the publi health, safety, and general 'A'elfare of the loss of housing stok in the zoning distrit and to any unreasonable hardship to the appliant if the permit is denied. BOARD OF SUPERVISORS Page 1

19 (1) Residential Merger. In addition to the riteria set forth in Setion 1?(e) of this Code, the Planning Commission shall onsider the follm.ving riteria in the revimv of appliations to merge Residential Units or Unauthorized Units in C Distrits: (A) how reently the unit being removed was oupied by a tenant or tenants; and (B) the appraised value of the least expensive Residential Unit proposed for merger, hen the merger does not involve an Unauthorized Unit. The Planning Commission shall not approve an appliation for Residential Merger if any tenant has been evited pursuant to Administrative Code Setions.(a)() through 1 O.(a)() where the tenant was served.vith a notie of evition after Deember,, if the notie.vas served within years prior to filing the appliation for merger. Additionally, the Planning Commission shall not approve an appliation for Residential Merger if any tenant has been evited pursuant to Administrative Code Setion.(a)() \Nhere the tenant was served with a notie of evition after Deember,, if the notie was served i.vithin five years prior to filing the appliation for merger. The restrition of this paragraph shall not apply if the tenant was evited under Setion.(a)() or.(a)() and the appliant(s) either (A) have ertified that the original tenant reoupied the unit after the temporary evition or (B) 1 have submitted to the Planning Commission a delaration from the property owner or the 1 tenant ertifying that the property owner or the Rent Board notified the tenant of the tenant's right to reoupy the unit after the temporary evition and that the tenant hose not to reoupy it. () Residential Conversion. The Planning Commission shall onsider the riteria set forth in Setion (f)(1) through () of this Code in the review of appliations for Residential Conversion in C Distrits. BOARD OF SUPERVISORS Page 1

20 () Residential Demolition. In addition to the riteria set forth in Setion 1?(d) of this Code, the Planning Commission shall also onsider the following riteria in the review of appliations for Residential Demolition in C Distrits: (A) whether the replaement projet would maximize density on the subjet lot; and (B) if replaing a building not subjet to the Residential Rent Stabilization and Arbitration Ordinane, 'Nhether the nevi projet replaes all of the existing units 1 Nith ne'n Dwelling Units of a similar size and \Nith the same number of bedrooms or ffigf&. () Removal of Unauthorized Units. In addition to the riteria set forth in Subsetions (e)(1) through (e)() above, the Planning Commission shall also onsider the riteria below in the reviev1 of appliations for removal of Unauthorized Units: (A).vhether the Unauthorized Unit or Units are eligible for legalization under Setion. of this Code; (B) whether the osts to legalize the Unauthorized Unit or Units under the Planning, Building, and other appliable Codes is reasonable based on how suh ost ompares to the average ost of legalization per unit derived from the ost of projets on the 1 Planning Department's Master List of Additional Dv1elling Units Approved required by Setion 1.(k) of this Code; (C) whether it is finanially feasible to legalize the Unauthorized Unit or Units, based on the osts to legalize the Unauthorized Unit(s) under the Planning, Building, and other appliable Codes in omparison to the added value that legalizing said Units would provide to the subjet property. The gain in the value of the subjet property shall be based on the urrent value of the property 1 Nith the Unauthorized Unit(s) ompared to the value of the property if the Unauthorized Unit(s) is/are legalized. The alulation of the gain in value shall BOARD OF SUPERVISORS Page

21 be onduted and approved by a California liensed property appraiser. Legalization shall be deemed finanially feasible if the gain in the value of the subjet property is equal to or greater than the ost to legalize the Unauthorized Unit. () Denial of Appliation to Remove an Unauthorized Unit; Requirement to Legalize the Unit. If the Planning Commission denies an appliation to Remove an Unauthorized Unit, the property owner shall file an appliation for a building permit to legalize the Unit. Failure to do so within a reasonable period of time, as determined by the Zoning Administrator, shall be deemed a violation of the Planning Code. (f) Notie of Conditional Use Hearing. At least days prior to any hearing to 1 O onsider a Conditional Use authorization under Subsetion (b) of this Setion.1, the Zoning Administrator shall ause a 'Nritten notie ontaining the follmving information to be mailed to all Residential Units and if known any Unauthorized Units in the building, in addition to any other notie required under this Code: (1) Notie of the time, plae, and purpose of the hearing; and () An explanation of the proess for demolishing, merging, or onverting Residential Units or Unauthorized Units, inluding a desription of subsequent permits that would be required from the Planning Department and Department of Building Inspetion and 1 how they ould be appealed. 1 (g) Exemptions. This Setion.1 shall not apply to property: (1) Owned by the United States or any of its agenies; () Owned by the State of California or any of its agenies, \Nith the exeption of suh property not used exlusively for a governmental purpose; () Under the jurisdition of the Port of San Franiso or the Suessor Ageny to the Redevelopment Ageny of the City and County of San Franiso 'Nhere the appliation of this Setion is prohibited by State or loal law; or BOARD OF SUPERVISORS Page

22 () VVhere demolition of the building or Removal of a Residential Unit or Unauthorized Unit is neessary to omply vvith a ourt order or order of a City ageny that direts the owner to demolish the building or remove the unit, due to onditions that present an imminent threat to life safety. Setion. The Planning Code is hereby amended by revising Zoning Control Tables.1,.,.,., 0.1, 0., 0., 0., to read as follows: Table.1 ZONING CONTROL TABLE FOR RH DISTRICTS 1 1 Usable Open Spae, [Per Dwelling Unit] At least 00 square feet for. At least 00 At least 00 the first unit and At least 1 At least 0 square feet if square feet if 0 for the square feet square feet if private, and private, and minor seond if private, private, and 00 square 00 square unit if private, and square feet if feet if and 00 square square feet feet if ommon. ommon. feet for the first if ommon. ommon. unit and square feet for BOARD OF SUPERVISORS Page

23 the seond unit if ommon. Parking Generally, a minimum of one spae for every tidwelling uunit required. 1, 1 Requirements Certain exeptions permitted per 1. Residential Conversion, Demolition, or Merger Units. C fjjr Removal o[_one or more Residential Units or Unauthorized Loss &fl units },fandatory DR/Loss &j or more units G. Table. ZONING CONTROL TABLE FOR RM DISTRICTS 1 1 At least At least 0 At least 0 At least 0 square feet if square feet square feet square feet if private, and if private, if private Usable Open Spae private, and square, and and 0 [Per Dwelling Unit] square feet per feet per square feet square feet ti.dwelling uunit ti.dwelling per per if ommon. uunit if ti.dwelling ti.dwelling ommon. BOARD OF SUPERVISORS Page

24 uunit if ommon. uunit if ommon. Generally one spae for every ddwelling uunit minimum. Parking Requirements 1, 1 Certain exeptions permitted per 1. C -fjjr Removal of_one or more Residential Units or Residential Conversion, Unauthorized Units. Demolition, or Merger bems e-f.j - units mfll'iootfh'}' DRlbess e-fj ef mefe G. Table. ZONING CONTROL TABLE FOR RESIDENTIAL-COMMERCIAL DISTRICTS 1 1 Usable Open Spae [Per Dwelling Unit], At least 0 square feet if private, and 0 square feet per ddwelling uunit if ommon. At least square feet if private, and square feet per ddwelling uunit if ommon. Parking Requirements 1.1 None Required. Up to one spae for every two units permitted, and up to three spaes for every BOARD OF SUPERVISORS Page

25 Residential Conversion, Demolition, or Merger four units permitted with Conditional Use per 1.1. Loss of units or fewer DR/Loss of or more C fpr Removal o[_one or more Residential Units or Unauthorized Units. Table. ZONING CONTROL TABLE FOR RTO DISTRICTS Usable Open Spae 1 [Per Dwelling 1 Unit], At least 0 square feet if private, and square feet per ddwelling uunit if ommon. Parking Requirements 1.1, 1.1 None required. Maximum permitted per 1.1 Residential Conversion, Loss of units or C for Removal o[_ one or more Residential BOARD OF SUPERVISORS Page

26 Demolition, or C for Removal of one Units or Unauthorized Merger or more Residential Units. Units or Unauthorized Units. Table 0.1 ZONING CONTROL TABLE FOR C- DISTRICTS Same as for the R Distrit establishing the dwelling unit Usable Open Spae for Dwelling Units and Group Housing density ratio for the property. Group Housing requirement is 1/ the amount required for a Dwelling Unit. Generally one spae per Dwelling Unit. Exeptions 1 1 Residential Parking Requirements 1, 1 Rear Yard Setbak 0, permitted per 1. None required in the Washington- Broadway Speial Use Distrit. % of the total depth lot depth, but in no ase less than feet. Rear yards shall be provided at the lowest story ontaining a dwelling unit, and at eah sueeding level or story of the building. BOARD OF SUPERVISORS Page

27 Residential Conversion, Demolition, or Merger C (gr Removal o[_one or more Residential Units or Unauthorized Units. boss e-} units or- fewer- PRifoss ft l.j or- mer-e G. Table 0. ZONING CONTROL TABLE FOR C- DISTRICTS Usable Open Spae [Per Dwelling Unit], At least square feet if private, and square feet per ddwelling uunit if ommon. 1 Residential Parking Requirements 0, 1.1, 1 None required. P up to one ar for eah two Dwelling Units; C up to three ars for eah four Dwelling Units. NP above. 1 Rear Yard Setbak 0, % of the total depth lot depth, but in no ase less than feet for lowest story ontaining a dwelling unit and eah sueeding story. Exeptions are permitted by 0. Residential Conversion, ~ C (gr Removal o[_one or more Residential Units or Unauthorized Units:, in C, C only for Removal above the ground floor. boss 0f'J units mandatory!jr/loss aj or- mor-e units C BOARD OF SUPERVISORS Page

28 Demolition, or Merger Table 0. ZONING CONTROL TABLE FOR PDR DISTRICTS Zoning Category ) Referenes PDR-1-B PDR-1-D PDR-1-G J PDR- Usable Open Spae [Per Dwelling Unit], NIA NIA NIA NIA 1 1 Residential Parking Requirements Residential Conversion, Demolition, or Merger 1. 1 ' 1 NIA NIA NIA NIA C for Removal of one or more Residential Units or Unauthorized Units; in C-, only for Removal above the ground floor.. Loss afl HHits mahdatory DR/Loss o.f or more HHits C. BOARD OF SUPERVISORS Page

29 Table 0. ZONING CONTROL TABLE FORM DISTRICTS Usable Open Spae [Per Dwelling Unit] Residential Parking Requirements, 1, 1 At least square feet if private, and square feet per ddwelling uunit if publi. None required. P up to one spae for every two units. C up to three spaes for every four units. NP above. Rear Yard Setbak 0, perent of the total depth lot depth, but in no ase less than feet. C tor Removal of one or more Residential Residential Conversion, Demolition, or Merger Units or Unauthorized Units. Loss ofl units mandatory DR/Loss of 1 1 or more units C. Setion. The Planning Code is hereby amended by revising Zoning Control Tables through and through 1, to read as follows: BOARD OF SUPERVISORS Page

30 Table. NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT NC-1 ZONING CONTROL TABLE COMMERCIAL AND INSTITUTIONAL STANDARDS AND USES No. Zoning Category Referenes NC-1 Controls by Story 0. 1st nd rd+ RESIDENTIAL STANDARDS AND USES. Removal of Residential and Unauthorized Units throuzh Conversion Demolition or 'Men!er _}_fl *** * - I I 1 1 Table. SMALL-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT NC- ZONING CONTROL TABLE COMMERCIAL AND INSTITUTIONAL STANDARDS AND USES No. Zoning Category :u:: D~n;J,+;~1 rr~,~.l......,,...,.._,,_ - "" -~~ - ~,, "'-" '-J...,, Referenes NC- Controls by Story 0. 1st nd rd+ f-j-1-- -fl. ~ BOARD OF SUPERVISORS Page 0

31 . ~sidntial Demolition 1 1 RESIDENTIAL STANDARDS AND USES!. Unauthorized Units throuzh U NP Conversion. Unauthorized Units throurzh U Demolition or Merrzer *** * Table. MODERATE-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT NC- ZONING CONTROL TABLE COMMERCIAL AND INSTITUTIONAL STANDARDS AND USES No. Zoning Category Referenes NC- Controls by Story residential STANDARDS AND USES I I r- 0. 1st nd rd+ BOARD OF SUPERVISORS Page 1

32 Unauthorized Units throueh. Llll Conversion Demolition or IMereer Table. NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT NC-S ZONING CONTROL TABLE COMMERCIAL AND INSTITUTIONAL STANDARDS AND USES No. Zoning Category Referenes NC-S Controls by Story {;_ 0. 1st nd rd+ 1 1 RESIDENTIAL STANDARDS AND USES. Unauthorized Units throueh wz NP NP - Conversion. Unauthorized Units throueh Llll Demolition or Mereer BOARD OF SUPERVISORS Page

33 Table. BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE COMMERCIAL AND INSTITUTIONAL STANDARDS AND USES Broadway Controls by No. Zoning Category Referenes Story 0. 1st nd rd+ RESIDENTIAL STANDARDS AND USES. Unauthorized Units throuzh _ill_ Conversion Residential Conversion. _ill_ Demolition or Mer<Jer 1-- NP 1 1 *** * Table. CASTRO STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE COMMERCIAL AND INSTITUTIONAL STANDARDS AND USES Castro Street Controls by No. Zoning Category Referenes Story 0. 1st nd rd+ BOARD OF SUPERVISORS Page

34 1 1 I:::: ~::::::: ~=== t t ~ I RESIDENTIAL STANDARDS AND USES. Unauthorized Units throuzh (ill_ [;_ NP Conversion Unauthorized Units throurzh. (ill_ Conversion Demolition or Mereer Table. INNER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE COMMERCIAL AND INSTITUTIONAL STANDARDS AND USES Inner Clement Street No. Zoning Category Referenes Controls by Story 0. {;_ 1st nd rd+!residential STANDARDS AND USES BOARD OF SUPERVISORS Page

35 . Unauthorized Units throu<jh _fil NP NP Conversion Unauthorized Units throu<jh. _fil Conversion Demolition or IMerzer Table. OUTER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE COMMERCIAL AND INSTITUTIONAL STANDARDS AND USES Outer Clement Street No. Zoning Category Referenes Controls by Story 0. 1st nd rd+ 1 1 RESIDENTIAL STANDARDS AND USES. Unauthorized Units throwzh _fil [;_ NP NP Conversion BOARD OF SUPERVISORS Page

36 . Unauthorized Units throuf!h Conversion Demolition or Ll IMerr!er Table 1. UPPER FILLMORE STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE COMMERCIAL AND INSTITUTIONAL STANDARDS AND USES Upper Fillmore Street No. Zoning Category Referenes Controls by Story 0. 1st nd rd+ 1 1 RESIDENTIAL STANDARDS AND USES 1. Unauthorized Units throuf!h Ll Conversion NP Unauthorized Units throuf!h 1. Ll Conversion Demolition or IMerr!er BOARD OF SUPERVISORS Page

37 I I I I Table 1. HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE COMMERCIAL AND INSTITUTIONAL STANDARDS AND USES Haight Street Controls by No. Zoning Category Referenes Story 0. 1st nd rd+ 1 1 RESIDENTIAL STANDARDS AND USES 1. Unauthorized Units throuzh _ill_ NP NP - Conversion Unauthorized Units throuzh 1. Llll Conversion Demolition or Merr!er BOARD OF SUPERVISORS Page

38 Table. HAYES-GOUGH NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE COMMERCIAL AND INSTITUTIONAL STANDARDS AND USES Hayes-Gough Transit No. Zoning Category Referenes Controls by Story 0. RESIDENTIAL STANDARDS AND USES 1st nd rd+!. Unauthorized Units throuzh Ll NP Conversion 1 1 Unauthorized Units throuf!h. Ll Conversion Demolition or Merzer {;;_. Residential Division 0. p "-- p p BOARD OF SUPERVISORS Page

39 Table. UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE COMMERCIAL AND INSTITUTIONAL STANDARDS AND USES No. Zoning Category Referenes 0. Upper Market Street Controls by Story 1st nd rd+ RESIDENTIAL STANDARDS AND USES 1 1!. Unauthorized Units throuf!h _1JJ_ Conversion Unauthorized Units throuzh. Ll1Z Conversion Demolition or Merszer [;. [;. NP. Residential Division 0. r_ p E BOARD OF SUPERVISORS Page

40 Table. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE COMMERCIAL AND INSTITUTIONAL STANDARDS AND USES No. Zoning Category Referenes 0. North Beah Controls by Story 1st nd rd+ RESIDENTIAL STANDARDS AND USES. Unauthorized Units throwzh Llll NP NP Conversion 1 1 Unauthorized Units throu<zh. Llll Conversion Demolition or!menzer BOARD OF SUPERVISORS Page 0

41 Table. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE COMMERCIAL AND INSTITUTIONAL STANDARDS AND USES Polk Street Controls by No. Zoning Category Referenes Story 0. 1st nd rd+ RESIDENTIAL STANDARDS AND USES!. Unauthorized Units throuzh NP Conversion 1 Unauthorized Units throuf!h. LJl]_ Conversion Demolition or {;_ 1 Merzer Table. SACRAMENTO STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE COMMERCIAL AND INSTITUTIONAL STANDARDS AND USES Saramento Street No. Zoning Category Referenes Controls by Story BOARD OF SUPERVISORS Page 1

42 0. 1st nd rd+ 1 1 RESIDENTIAL STANDARDS AND USES. Unauthorized Units throurzh NP NP Conversion Unauthorized Units throuzh. lll1z Conversion Demolition or Merzer C for Removal of one or more Residential Units or Unauthorized Units. Table. UNION STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE COMMERCIAL AND INSTITUTIONAL STANDARDS AND USES Union Street Controls by No. Zoning Category Referenes Story 0. 1st nd rd+ BOARD OF SUPERVISORS Page

43 RESIDENTIAL STANDARDS AND USES I I. Unauthorized Units throueh Conversion Demolition or _]fl lq' Menzer Table. VALENCIA STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE COMMERCIAL AND INSTITUTIONAL STANDARDS AND USES Valenia Street Controls No. Zoning Category Referenes by Story 0. 1st nd rd+ 1 1 RESIDENTIAL STANDARDS AND USES. Unauthorized Units throueh _]fl Conversion [;_ NP NP BOARD OF SUPERVISORS Page