SEC. 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT.

   The North Beach Neighborhood Commercial District is a nonlinear district centered on Columbus Avenue, located in the valley between Telegraph Hill and Russian Hill north of Broadway. North Beach functions as a neighborhood-serving marketplace, citywide specialty shopping, and dining district, and a tourist attraction, as well as an apartment and residential hotel zone. Traditionally, the district has provided most convenience goods and services for residents of North Beach and portions of Telegraph and Russian Hills. North Beach’s eating, drinking, and entertainment establishments remain open into the evening to serve a much wider trade area and attract many tourists. The balance between neighborhood-serving convenience stores and Citywide specialty businesses has shifted, as convenience stores have been replaced by restaurants and bars. The proliferation of financial services, limited financial services, and professional services has also upset the district’s balance of uses. The relocation of business and professional offices from downtown to North Beach threatens the loss of upper-story residential units.

   The North Beach District controls are designed to ensure the livability and attractiveness of North Beach. Building standards limit new development to a small to moderate scale. Rear yards are protected above the ground story and at residential levels. Active commercial uses shall be required at the ground floor. Small-scale, neighborhood-serving businesses are strongly encouraged and formula retail uses are prohibited. To preserve and maintain the district’s small-scale, fine grain storefronts, the consolidation or merger of existing retail or commercial spaces or storefronts are prohibited, and Use Sizes are controlled to encourage conversion back to the traditional small-scale commercial spaces. Special controls are necessary because an over-concentration of food and beverage service establishments limits neighborhood-serving retail sales and personal services in an area that needs them to thrive as a neighborhood. In order to maintain neighborhood-serving retail sales and personal services and to protect residential livability, additional eating and drinking establishments are prohibited in spaces that have been occupied by neighborhood-serving retail sales and personal services. Special controls limit additional ground-story entertainment uses and prohibit new walk-up facilities. Financial services, limited financial services, and ground-story business and professional office uses are prohibited from locating in the portion of the district south of Greenwich Street, while new financial services locating in the portion of the district north of Greenwich Street are limited. Restrictions on automobile and drive-up uses are intended to promote continuous retail frontage and maintain residential livability.

   In keeping with the district’s existing mixed-use character, housing development in new buildings is encouraged above the ground floor. Existing residential units are protected by prohibitions of upper-story conversions, mergers, removals, and demolitions. Per Section 207(c)(4) of this Code, Accessory Dwelling Units are permitted within the existing building envelope, but may not eliminate or reduce ground-story retail or commercial space.

 

Table 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

		North Beach NCD
Zoning Category	§ References	Controls
BUILDING STANDARDS
Massing and Setbacks
Height and Bulk Limits.	102, 105, 106, 250–252, 260, 261.1, 270, 271. See also Height and Bulk District Maps	40-X. See Height and Bulk Map Sheet HT01 for more information. Height sculpting required on Alleys per § 261.1.
5 Foot Height Bonus for Active Ground Floor Uses	§ 263.20	NP
Rear Yard	§§ 130, 134, 134(a)-(e), 136	Required at the Second Story and at each succeeding level or Story of the building, and at the First Story if it contains a Dwelling Unit: 25% of lot depth, but in no case less than 15 feet
Front Setback and Side Yard	§§ 130, 131, 132, 133	Not Required.
Street Frontage and Public Realm
Restrictions on Lot Mergers	§ 121.7	Restrictions on lot mergers resulting in a lot with a single public street or private frontage greater than 25 feet. For lots that do not have a street frontage, the merger would not result in a lot width greater than 25 feet.
Streetscape and Pedestrian Improvements	§ 138.1	Required
Street Frontage Requirements	§ 145.1	Required; controls apply to above-grade parking setbacks, parking and loading entrances, active uses, ground floor ceiling height, street-facing ground-level spaces, transparency and fenestration, and gates, railings, and grillwork. Exceptions permitted for historic buildings.
Ground Floor Commercial	§§ 145.4, 780.3	Required within the entire District. Consolidation of ground floor Retail or Commercial spaces is prohibited.
Vehicular Access Restrictions	§ 155(r) and(t)	Prohibited on Columbus Avenue between Washington and North Point Streets, Grant Avenue between Columbus Avenue and Filbert Street, and Green Street between Grant Avenue and Columbus/Stockton streets, and Alleys in the NBNCD and Telegraph Hill-NB Residential SUD. Mandatory discretionary review required to install garages in buildings with two or more units.
Miscellaneous
Lot Size (Per Development)	§§ 102, 121.1	P up to 2,499 square feet; C 2,500 square feet and above
Planned Unit Development	§ 304	NP
Awning, Canopy or Marquee	§ 136.1	P
Signs	§§ 262, 602- 604, 607, 607.1, 608, 609	As permitted by § 607.1. Vintage Signs permitted per Section 608.14.
General Advertising Signs	§§ 262, 602,604, 608, 609, 610, 611	NP
Design Guidelines	General Plan Commerce and Industry Element	Subject to the General Plan’s Urban Design Guidelines and historic resource consideration. Properties in this District have been identified as potentially eligible for National Register or California Register.

 

Zoning Category	§ References	Controls
RESIDENTIAL STANDARDS AND USES
Development Standards
Usable Open Space [Per Dwelling Unit]	§§ 135, 136	60 square feet per unit if private, or 80 square feet per unit if common
Off Street Parking Requirements	§§ 145.1, 150, 151.1, 153 - 156, 166, 204.5	No car parking required. P up to 0.5 parking spaces for each Dwelling Unit; C up to 0.75 parking spaces for each Dwelling Unit. (1) Per 155(t), special controls when installing garages in Residential Buildings. Bike parking required per § 155.2
Dwelling Unit Mix	§ 207.6	Not required
Use Characteristics
Single Room Occupancy	§ 102	P
Student Housing	§ 102	P
Residential Uses		Controls By Story
		1st	2nd	3rd+
Residential Uses	§ 102	NP(11)	P	P
Accessory Dwelling Units	§§102, 207(c)(4), 207(c)(6)	P per Planning Code Sections 207(c)(4) and 207(c)(6).
Dwelling Units	§§ 102, 207	1 unit per 400 square foot lot area or the density permitted in the nearest Residential District, whichever is greater.
Group Housing	§ 208	1 bedroom per 140 square foot lot area.
Homeless Shelters	§§ 102, 208	Density limits regulated by the Administrative Code
Senior Housing	§§ 102, 202.2(f), 207	P up to twice the number of Dwelling Units otherwise permitted as a Principal Use in the district and meeting all the requirements of § 202.2(f)(1). C up to twice the number of Dwelling Units otherwise permitted as a Principal Use in the district and meeting all requirements of § 202.2(f)(1), except for § 202.2(f)(1)(D)(iv), related to location.
Loss of Dwelling Units		Controls by Story
		1st	2nd	3rd+
Residential Conversion	§ 1	C	NP	NP
Residential Demolition and Merger	§§ 317, 780.3(c)(4)	C	NP	NP

 

Zoning Category	§ References	Controls
NON-RESIDENTIAL STANDARDS AND USES
Development Standards
Floor Area Ratio	§§ 102, 123, 124	1.8 to 1
Use Size	§§ 102, 121.2, 780.3(c)(3)	P up to 1,999 square feet; C 2,000 square feet to 3,999 square feet; NP 4,000 square feet and above. Specialty Grocery use shall not exceed a Use Size of 1,000 square feet within the North Beach Special Use District.
Off Street Parking Requirements	§§ 150, 151, 155(r) and (t), 161	Car parking not required. Limits set forth in § 151.1. Bike parking required per Section 155.2. If car parking is provided, car share spaces are required when a project has 50 units or more per § 166. See restrictions under Vehicular Access.
Off-Street Freight Loading	§§ 150, 152, 153 - 155, 161, 204.5	None required if gross floor area is less than 10,000 square feet. Exceptions permitted per §§ 155 and 161. See restrictions under Vehicular Access.
Storefront Mergers	§ 780.3(c)(3)	Storefront mergers NP and Specialty Grocery use shall not exceed a Use Size of 1,000 square feet within the North Beach Special Use District.
Commercial Use Characteristics
Drive-up Facility	§ 102	NP
Formula Retail	§§ 102, 303.1	NP
Hours of Operation	§ 102	P 6 a.m. - 2 a.m.; NP 2 a.m. - 6 a.m.
Maritime Use	§ 102	NP
Open Air Sales	§§ 102, 703(b)	See § 703(b)
Outdoor Activity Area	§§ 102, 145.2	P if located in front; C if located elsewhere
Walk-up Facility	§ 102	NP (2)
		Controls by Story
		1st	2nd	3rd+
Agricultural Use Category
Agriculture Uses*	§§ 102, 202.2(c)	NP	NP	NP
Agriculture, Neighborhood Agriculture	§§ 102, 202.2(c)	P	P	P
Automotive Use Category
Automotive Uses*	§§ 102, 187.1, 202.2(b), 202.5, 145.4	NP(11)	NP	NP
Entertainment, Arts and Recreation Use Category
Entertainment, Arts and Recreation Uses*	§ 102	NP	NP	NP
Entertainment, General	§ 102	C	NP	NP
Entertainment, Nighttime	§ 102	C	NP	NP
Movie Theater	§§ 102, 202.4	P	NP	NP
Open Recreation Area	§ 102	C	C	C
Passive Outdoor Recreation	§ 102	C	C	C
Industrial Use Category
Industrial Uses	§§ 102, 202.2(d)	NP	NP	NP
Institutional Use Category
Institutional Uses*	§ 102	P	C	C
Child Care Facility	§ 102	P	P	P
Hospital	§ 102	NP	NP	NP
Medical Cannabis Dispensary	§§ 102, 202.2(e)	DR	DR	NP
Public Facilities	§ 102	C	C	C
Residential Care Facility	§§ 102, 145.4	NP	P	P
Sales and Service Use Category
Retail Sales and Service Uses*	§§ 102, 202.2(a), 202.3	P(10)	P(10)	NP
Adult Business	§ 102	NP	NP	NP
Animal Hospital	§ 102	C	NP	NP
Bar	§§ 102, 202.2(a), 780.3	C(5)(6)	NP	NP
Cannabis Retail	§§ 102, 202.2(a)	C	C	NP
Flexible Retail	§ 102	NP	NP	NP
Hotel	§ 102	C	C	C
Kennel	§ 102	NP	NP	NP
Liquor Store	§ 102	C(12)	NP	NP
Massage Establishment	§§ 102, 303(n)	C	NP	NP
Massage, Foot/Chair	§ 102	P	NP	NP
Mortuary	§ 102	NP	NP	NP
Motel	§§ 102, 202.2(a)	NP	NP	NP
Restaurant	§§ 102, 202.2(a), 780.3	C(5)(6)	NP	NP
Restaurant, Limited	§§ 102, 202.2(a), 780.3	C(5)	NP	NP
Services, Financial	§ 102, 781.6	C(7)	NP	NP
Services, Fringe Financial	§ 102, 781.6	NP(8)	NP(8)	NP(8)
Services, Health	§ 102	NP	C	C
Services, Limited Financial	§ 102	C(2)(7)	NP	NP
Services, Retail Professional	§ 102	C(7)	P	NP
Specialty Food Manufacturing	§ 780.3(c)	C	NP	NP
Storage, Self	§ 102	NP	NP	NP
Tobacco Paraphernalia Establishment	§ 102	C	NP	NP
Trade Shop	§ 102	P	C	NP
Non-Retail Sales and Service*	§ 102	NP	NP	NP
Design Professional	§ 102, 781.6	C(7)	P	NP
Trade Office	§ 102, 781.6	C(7)	P	NP
Utility and Infrastructure Use Category
Utility and Infrastructure*	§ 102	C(9)	C(9)	C(9)
Power Plant	§ 102	NP	NP	NP
Public Utilities Yard	§ 102	NP	NP	NP
Utility Installation	§§ 102, 145.4	NP	NP	NP

 

* Not listed below

(1)   NORTH BEACH OFF-STREET PARKING, RESIDENTIAL (Section 155(t)) Boundaries: North Beach NCD, North-Beach Telegraph Hill SUD Controls:    (a)   Installing a garage in an existing or proposed residential building of two or more units requires a mandatory Discretionary Review by the Planning Commission. In order to approve the installation of any garage in these districts, the City shall find that:       (i)   the proposed garage opening/addition of off-street parking will not cause the elimination or reduction of ground-story retail or commercial space;       (ii)   the proposed garage opening/addition of off-street parking will not eliminate or decrease the square footage of any dwelling unit;       (iii)   the building has not had two or more evictions, with each eviction associated with a separate unit(s) within the past 10 years,       (iv)   the garage would not front on an Alley pursuant to Section 155(r)(2) of this Code or on a public right-of-way narrower than 41 feet, and       (v)   the proposed garage/addition of off-street parking is consistent with the Priority Policies of Section 101.1 of this Code.    (b)   Prior to issuance of any required notification under Section 311 or 312 of this Code, the Department shall require a signed affidavit by the project sponsor attesting to (i) (ii) and (iii) 2 above, which the Department shall independently verify, and the Department shall determine whether the project complies with (iv) and (v) above. If the project sponsor does not provide such affidavit or the Department determines that the garage would violate subsection (iv) above, the Department shall disapprove the application and no Planning Commission hearing shall be required.

(2)   NORTH BEACH WALK UP FACILITIES: Walk-up facilities are NP in the District, including automated bank teller machines (ATMs).

(3)   [Note deleted.]

(4)   [Note deleted.]

(5)   NORTH BEACH SPECIAL USE DISTRICT (Section 780.3): Restaurants, Limited-Restaurants and Bars may be permitted as a Conditional Use on the First Story through the procedures set forth in Section 303 only if the Zoning Administrator first determines that the proposed new Restaurant, Limited Restaurant, or Bar would occupy a space that is currently or was last legally occupied by one of the uses described below; provided that its last use has not been discontinued or abandoned pursuant to Sections 186.1(d) or 178(d) of this Code and that the proposed new use will not enlarge the space; and provided further that no Conditional Use shall be required if the use remains the same as the prior authorized use, with no enlargement or intensification of use:    (A)   A Bar may occupy a space that is currently or last legally occupied by a Bar;    (B)   A Restaurant may occupy a space that is currently or was last legally occupied by a Restaurant or Bar; and    (C)   A Limited Restaurant may occupy a space that is currently or was last legally occupied by a Limited Restaurant, Restaurant or Bar.    (D)   Except as provided herein, no other use shall be allowed to convert to a Limited Restaurant, Restaurant or Bar.

(6)   NORTH BEACH LIQUOR LICENSES FOR RESTAURANTS (Section 780.3): A Restaurant Use may only add ABC license types 41, 47, 49 or 75 as a Conditional Use on the First Story if, in addition to the criteria set forth in Section 303, the Planning Commission finds that the Restaurant is operating as a Bona Fide Eating Place as defined in Section 102. Should a Restaurant fail to operate as a Bona Fide Eating Place for any length of time, the Conditional Use authorization shall be subject to immediate revocation. To verify that the Restaurant is continuing to operate as a Bona Fide Eating Place, records of the Restaurant’s gross receipts, showing that a minimum of 51% of its gross receipts within the last year is from food sales prepared and sold to guests on the premises, shall be provided to the Department upon request. All records and information shall be submitted to the Department under penalty of perjury.

(7)   NORTH BEACH FINANCIAL SERVICE, LIMITED FINANCIAL SERVICE, AND BUSINESS OR PROFESSIONAL SERVICE SUBDISTRICT (Section 781.6) Boundaries: Applicable only for portions of the North Beach NCD south of Greenwich Street as mapped on Sectional Map SU01. Controls: Financial Services and Limited Financial Services are NP at all stories; Retail Professional Services, Design Professional, and Trade Office are NP at the First story.

(8)   FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD) SECTION 249.35 Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, the North Beach Neighborhood Commercial District. Controls: Within the FFSRUD and its 1/4 mile buffer, fringe financial services are NP pursuant to Section 249.35. Outside the FFSRUD and its 1/4 mile buffer, fringe financial services are P subject to the restrictions set forth in subsection 249.35(c)(3).

(9)   C if a Macro WTS Facility; P if a Micro WTS Facility.

(10)   Per the North Beach Special Use District in Section 780.3(c)(3) of this Code, Specialty Grocery use shall not exceed a Use Size of 1,000 square feet in order to preserve and maintain the district’s small-scale, fine grain storefronts.

(11)   GROUND FLOOR COMMERCIAL USES REQUIRED Boundaries: North Beach NCD Controls: Unless otherwise prohibited or limited by Section 780.3, Section 722, or any other section of this Code, to promote active, pedestrian-oriented streetscape, Active Commercial uses shall be required at the Ground Floor pursuant to Section 145.4. Per Section 145.4(c)(1), “active commercial uses” shall not include Automotive Uses except for Automobile Sale or Rental uses where curb-cuts, garage doors, or loading access are not utilized or proposed and such sales or rental activity is entirely within an enclosed building and does not encroach on surrounding sidewalks or open spaces.

(12)   Temporary closures of up to three years of existing liquor stores located in the North Beach Neighborhood Commercial District, for reconstruction or repair after a fire, shall not be considered an abandonment of such use pursuant to Section 178 of this Code, unless the original liquor store elects to relocate somewhere else permanently. Temporary relocation of liquor stores in the North Beach Neighborhood Commercial District that have been closed as a result of a fire to another location in the North Beach Neighborhood Commercial District shall not require a new Conditional Use Permit for the duration of up to three years of interim relocation.

 

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/23/87; Ord. 412-88, App. 9/10/88; Ord. 272-93, App. 8/25/93; Ord. 312-99, File No. 991586, App. 12/3/99; Ord. 87-00, File No. 991963, App. 5/19/2000; Ord. 260-00, File No. 001424, App. 11/17/2000; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 87-08, File No. 071674, App. 5/13/2008; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 77-10, File No. 091165, App. 4/16/2010; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 287-13 , File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 227-14 , File No. 120796, App. 11/13/2014, Eff. 12/13/2014; Ord. 232-14 , File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 162-15 , File No. 150805, App. 9/18/2015, Eff. 10/18/2015; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 196-17, File No. 170419, App. 10/5/2017, Eff. 11/4/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 47-18, File No. 171108, App. 3/16/2018, Eff. 4/16/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 263-18, File No. 180861, App. 11/2/2018, Eff. 12/3/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019)

AMENDMENT HISTORY

Zoning Control Table: 722.69C and 722.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 722.10, 722.17, and 722.26 amended; Specific Provisions: 722.65 deleted, 722.68 added; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: 722.43 and 722.44 amended, former categories 722.42, 722.67, and 722.69A deleted; Specific Provisions: 722.43, 722.44 amended; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 722.13, 722.40, 722.54, and 722.69B amended; Specific Provisions: 722.43, 722.44 amended, 722.54 added; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: former categories 722.38 and 722.39 redesignated as 722.36 and 722.37 and amended; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 722.22 amended; Ord. 227-14 , Eff. 12/13/2014. Zoning Control Table: 722.22 and 722.94 amended; Specific Provisions: 722.94 amended; Ord. 232-14 , Eff. 12/26/2014. Specific Provisions: 722.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 722.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 722.14, 722.15, 722.16, and 722.17 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 722.1); Zoning Control Table: 722.54, 722.91, and 722.92 amended; Ord. 30-15 , Eff. 4/25/2015. Introductory material amended; Zoning Control Table: 722.91 amended; Specific Provisions: 722.91 added; Ord. 162-15 , Eff. 10/18/2015. Zoning Control Table: former categories 722.36 and 722.37 deleted, 722.96 and 722.97 added; Ord. 33-16 , Eff. 4/10/2016. Specific Provisions: 722.91 amended; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 722.33A added; Ord. 166-16 , Eff. 9/10/2016. Introductory material amended; new Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Note (3) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table and Note (1) amended; Ord. 196-17, Eff. 11/4/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Table Notes (5) and (6) amended; Ord. 47-18, Eff. 4/16/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Note (12) added; Ord. 263-18, Eff. 12/3/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (4) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019.

CODIFICATION NOTES

1.   So in Ord. 202-18.

2.   So in Ord. 196-17.