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Commission extends legal ability for several Central SoMa parking lots to operate through 2026, with conditional-use option thereafter
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Summary
The Planning Commission voted unanimously to allow certain nonconforming Central SoMa parking lots to remain in operation through Dec. 31, 2026, and to permit a one-time five-year conditional-use authorization thereafter, citing concerns that immediate enforcement would create vacant, blighted sites.
The Planning Commission on March 6 voted 7-0 to approve a Planning Department-sponsored ordinance that would allow certain nonconforming public parking lots in the Central SoMa Mixed Use (CMUO) and Mixed Use Residential (MUR) zoning districts to operate through December 31, 2026, and then apply for a one-time, five-year conditional-use authorization to continue operating temporarily.
Madison Tam of Supervisor Dorsey's office and Audrey Maloney of the Planning Department told commissioners the measure responds to an obscure 1985 downtown-plan provision that requires parking lots made nonconforming by zoning changes to cease operations after 5 years and 90 days. That requirement was largely unenforced until 2024, staff said.
Audrey Maloney told the commission staff identified at least eight parking lots in the CMUO and MUR districts that could benefit from the ordinance. Staff argued the limited extension would avoid leaving sites vacant and blighted in a downtown market that has not recovered enough to reliably produce redevelopment. Staff also noted the city collects tax revenue on the lots and the ordinance is intended as a tailored, temporary approach until market conditions improve.
The ordinance would permit the existing lots to operate through 12/31/2026 and then, if eligible, allow them to apply for a temporary five-year conditional-use authorization (CUA) with additional conditions intended to improve lot design and neighborhood compatibility. The CUA would not be permanent; it would be time-limited and subject to review. Commissioners and staff discussed conditions that could be added to CUA applications such as tree planting, improved lot design and, briefly, a car-share requirement that prompted a staff legal caution.
Tom Tunney, representing property owners, said the change would avert costly surprises for operators who had received approvals for many years and suddenly learned in 2024 that their use was now technically prohibited. Commissioners across the dais noted the tension between the city's long-term objective to reactivate downtown land for housing and the near-term risk that immediate enforcement would create vacant, blighted lots.
On a motion to adopt the Planning Department's recommendation, Commissioner Campbell moved and the commission voted 7-0 to approve.
