SEC. 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT.

   (a)   Background. The Pacific Avenue Neighborhood Commercial District, on Pacific Avenue from just east of Polk Street to all four corners of Pacific Avenue and Jones Street, is situated on the north slope of the Nob Hill neighborhood and south of the Broadway Tunnel. Pacific Avenue is a multi-purpose, small-scale mixed-use neighborhood shopping district on a narrow street that provides limited convenience goods to the adjacent neighborhoods.

   (b)   Controls.

      (1)   Purposes. The Pacific Avenue Neighborhood Commercial District controls are designed to promote a small, neighborhood serving mixed-use commercial street that preserves the surrounding neighborhood residential character. These controls are intended to preserve livability in a largely low-rise development residential neighborhood, enhance solar access on a narrow street right-of-way, and protect residential rear yard patterns at the ground floor. Accessory Dwelling Units are permitted within the district pursuant to subsection 207(c)(4) of this Code.

      (2)   Replacement of a Legacy Business Requires Conditional Use Authorization. Where an immediately prior use was a Legacy Business, as defined under Administrative Code Section 2A.242, the controls require any new Non-Residential Use to obtain Conditional Use authorization; this requirement shall not apply where: (A) the subject non-residential space has had no occupant and has not been open to the public for three or more years from the date the application for the new use is filed, or (B) where the Legacy Business has removed itself or has been otherwise removed from the Legacy Business Registry.

      (3)   Loss of Residential Units. To prevent the loss of existing Residential Units, the removal, demolition, merger, or conversion of Residential Units above the First Story are prohibited even if such loss of Residential Units would otherwise be allowed pursuant to Section 317 of this Code.

      (4)   Neighborhood Commercial Design Guidelines. The construction of new buildings and alteration of existing buildings in the Pacific Avenue Neighborhood Commercial District shall be consistent with the design policies and guidelines of the General Plan and with the “Polk/Pacific Special Area Design Guidelines” as adopted by the Planning Commission. The Planning Director may require modifications to the exterior of a proposed new building or proposed alteration of an existing residential building in order to bring it into conformity with the “Polk/Pacific Special Area Design Guidelines” and with the General Plan. These modifications may include, but are not limited to, changes in siting, building envelope, scale texture and detailing, openings, and landscaping.

 

Table 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

		Pacific Avenue 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 Sheets HT01 and HT02 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 Grade level and at each succeeding level or Story: 45% of lot depth, averaging not permitted.
Front Setback and Side Yard	§§ 130, 131, 132, 133	Not Required.
Street Frontage and Public Realm
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	Not Required
Vehicular Access Restrictions	§ 155(r)	None
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	C
Awning, Canopy or Marquee	§ 136.1	P
Signs	§§ 262, 602- 604, 607, 607.1, 608, 609	As permitted by § 607.1
General Advertising Signs	§§ 262, 602,604, 608, 609, 610, 611	NP
Design Guidelines	General Plan Commerce and Industry Element and the Polk/Pacific Special Area Design Guidelines	Subject to the Urban Design Guidelines and the Polk/Pacific Special Area Design Guidelines

 

Zoning Category	§ References	Controls
RESIDENTIAL STANDARDS AND USES
Development Standards
Usable Open Space [Per Dwelling Unit]	§§ 135, 136	100 square feet per unit if private, or 133 square feet per unit if common
Off-Street Parking Requirements	§§ 145.1, 150, 151, 153 - 156, 159 - 161, 166, 204.5	No car parking required. Bike parking required per §155.2. If car parking is provided, car share spaces are required when a project has 50 units or more per §166.
Dwelling Unit Mix	§ 207.6	No less than 40% of the total number of proposed Dwelling Units shall contain at least two bedrooms; or no less than 30% of the total number of proposed Dwelling Units shall contain at least three bedrooms.
Use Characteristics
Single Room Occupancy	§ 102	P
Student Housing	§ 102	P
Residential Uses		Controls By Story
		1st	2nd	3rd+
Residential Uses	§ 102	P	P	P
Accessory Dwelling Unit	§§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 1,000 square foot lot area, or the density permitted in the nearest Residential District, whichever is greater.
Group Housing	§ 208	1 bedroom per 275 square foot lot area, or the density permitted in the nearest Residential District, whichever is greater.
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 and Division of Dwelling Units		Controls by Story
		1st	2nd	3rd+
Residential Conversion	§ 317	NP	NP	NP
Residential Demolition	§ 317	NP	NP	NP
Residential Merger	§ 317	NP	NP	NP
Division of Dwelling Units	§ 207.8	Division of existing Dwelling Units P per §207.8.

 

Zoning Category	§ References	Controls
NON-RESIDENTIAL STANDARDS AND USES (6)
Development Standards
Floor Area Ratio	§§ 102, 123, 124	1.5 to 1
Use Size	§ 102, 121.2	P up to 1,999 square feet; C 2,000 square feet and above
Off-Street Parking Requirements	§§ 145.1, 150, 151, 153 - 156, 161, 166, 204.5	No car parking required. Maximum permitted per § 151. Bike parking required per Section 155.2. Car share spaces required when a project has 25 or more parking spaces per § 166.
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.
Commercial Use Characteristics
Drive-up Facility	§ 102	NP
Formula Retail	§§ 102, 303.1	C
Hours of Operation	§ 102	P 6 a.m. - 10 p.m.; C 10 p.m. - 2 a.m.; NP 2 a.m. to 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	P
		Controls by Story
		1st	2nd	3rd+
Agricultural Use Category
Agriculture, Industrial	§§ 102, 202.2(c)	NP	NP	NP
Agriculture, Large Scale Urban	§§ 102, 202.2(c)	C	C	C
Agriculture, Neighborhood	§§ 102, 202.2(c)	P	P	P
Automotive Use Category
Automotive Uses*	§§ 102, 187.1, 202.2(b), 202.5	NP	NP	NP
Automotive Repair	§ 102	C	NP	NP
Parking Garage, Private	§ 102	C	NP	NP
Parking Garage, Public	§ 102	C	NP	NP
Parking Lot, Private	§§ 102, 142, 156	C	NP	NP
Parking Lot, Public	§§ 102, 142, 156	C	NP	NP
Entertainment, Arts and Recreation Use Category
Entertainment, Arts and Recreation Uses*	§ 102	NP	NP	NP
Open Recreation Area	§ 102	C	NP	NP
Passive Outdoor Recreation	§ 102	C	NP	NP
Industrial Use Category
Industrial Uses	§§ 102, 202.2(d)	NP	NP	NP
Institutional Use Category
Institutional Uses*	§§ 102, 202.2(e)	NP	NP	NP
Child Care Facility	§ 102	P	P	P
Medical Cannabis Dispensary	§§ 102, 202.2(e)	DR	DR	NP
Public Facilities	§ 102	C	NP	NP
Residential Care Facility	§ 102	C	P	P
Sales and Service Use Category
Retail Sales and Service Uses*	§§ 102, 202.2(a)	P	C	NP
Adult Business	§ 102	NP	NP	NP
Animal Hospital	§ 102	NP	NP	NP
Bar	§§ 102, 202.2(a)	NP	NP	NP
Cannabis Retail	§§ 102, 202.2(a)	C	C	NP
Flexible Retail	§ 102	NP	NP	NP
Hotel	§ 102	NP	NP	NP
Kennel	§ 102	NP	NP	NP
Liquor Store	§ 102	NP	NP	NP
Massage Establishment	§ 102	NP	NP	NP
Massage, Foot/Chair	§ 102	NP	NP	NP
Mortuary	§ 102	NP	NP	NP
Motel	§§ 102, 202.2(a)	NP	NP	NP
Restaurant	§§ 102, 202.2(a)	C	NP	NP
Restaurant, Limited	§§ 102, 202.2(a)	P	NP	NP
Services, Financial	§ 102	P	NP	NP
Services, Fringe Financial	§ 102	NP(4)	NP(4)	NP(4)
Services, Health	§ 102	NP	C	NP
Services, Limited Financial	§ 102	P	NP	NP
Storage, Self	§ 102	NP	NP	NP
Tobacco Paraphernalia Establishment	§ 102	C	NP	NP
Trade Shop	§ 102	C	NP	NP
Non-Retail Sales and Service*	§ 102	NP	NP	NP
Design Professional	§ 102	P	C	NP
Trade Office	§ 102	P	C	NP
Utility and Infrastructure Use Category
Utility and Infrastructure*	§ 102	C	NP	NP
Power Plant	§ 102	NP	NP	NP
Public Utilities Yard	§ 102	NP	NP	NP
Wireless Telecommunications Services Facility	§ 102	C(5)	C(5)	C(5)

 

 

* Not listed below

(1)   [Note deleted.]

(2)   [Note deleted.]

(3)   C required if use sells alcohol

(4)   FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD) Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, the Pacific Avenue 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).

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

(6)   REPLACEMENT OF LEGACY BUSINESSES REQUIRES CONDITIONAL USE AUTHORIZATION. Where an immediately prior use was a Legacy Business, as defined under Administrative Code Section 2A.242, the controls require any new Non-Residential Use to obtain Conditional Use authorization; this requirement shall not apply where: (A) the subject non-residential space has had no occupant and has not been open to the public for three or more years from the date the application for the new use is filed, or (B) where the Legacy Business has removed itself or has been otherwise removed from the Legacy Business Registry.

 

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 412-88, App. 9/10/88; 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. 244-08, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 51-09, File No. 081620, App. 4/2/2009; 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. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 3-13 , File No. 120880, App. 1/24/2013, Eff. 2/23/2013; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 180-13 , File No. 130459, App. 8/7/2013, Eff. 9/6/2013; Ord. 287-13 , File No. 130041, App. 12/26/2013, Eff. 1/25/2014; 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. 161-15, File No. 150804, 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; renamed and amended in full by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by 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. 205-17, File No. 170418, App. 11/3/2017, Eff. 12/3/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; 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. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 201-19, File No. 190661, App. 8/9/2019, Eff. 9/9/2019)

AMENDMENT HISTORY

Zoning Control Table: 726.69C and 726.69D added; Ord. 66-11 , Eff. 5/20/2011. Table titles amended; Zoning Control Table: 726.13 added, 726.10 and 726.17 amended; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: title amended [identical amendment previously had been made by Ord. 140-11]; Ord. 196-11 , Eff. 11/3/2011. Zoning Control Table: 726.43 and 726.44 amended; former categories 726.42, 726.67, and 726.69A deleted; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 726.52 amended; Ord. 3-13 , Eff. 2/23/2013. Zoning Control Table: 726.13, 726.13a, 726.13b, 726.13c, 726.54, and 726.69B amended; Specific Provisions: 726.54 added; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: 726.44 amended; Specific Provisions: "Ground Floor Conversion" entry added; Ord. 180-13 , Eff. 9/6/2013. Zoning Control Table: former categories 726.37, 726.38, and 736.39 redesignated as 726.36, 726.37, and 726.38 and amended, new category 726.39 added; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 726.26 amended; Specific Provisions: 726.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 726.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 726.14, 726.15, 726.16, and 726.17 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 726.1); Zoning Control Table: 726.54, 726.91, and 726.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: former categories 726.36, 726.37, 726.38, and 726.39 deleted, 726.96, 726.97, and 726.98 added; Ord. 33-16 , Eff. 4/10/2016. Specific Provisions: 726.91 amended; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 726.33A added; Ord. 166-16 , Eff. 9/10/2016. Section renamed and amended in full; 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 (1) deleted; Ord. 189-17, Eff. 10/15/2017. Divisions (a), (b), and (b)(1) designated; divisions (b)(2) and (b)(3) added; Zoning Control Table amended; Note (6) added; Ord. 205-17, Eff. 12/3/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. 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 (2) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 311-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Division (b)(4) added; Zoning Control Table amended; Ord. 201-19, Eff. 9/9/2019.