SEC. 729. WEST PORTAL AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT.

   Located in the southwestern part of the City, the West Portal Avenue Neighborhood Commercial District stretches for three long blocks along West Portal Avenue from Ulloa Street to 15th Avenue and extends one block east along Ulloa Street from the Twin Peaks Tunnel entrance to Claremont Boulevard. West Portal Avenue provides a selection of goods and services for customers coming mainly from the surrounding west of Twin Peaks and Sunset single-family residential neighborhoods. The lively, small-scale retail frontage is interrupted at several locations by large-scale financial institutions which take up a large amount of commercial ground-story frontage. More than half of the number of medical, professional and business offices are located at the ground level. Except for one three-movie theater complex, West Portal offers no entertainment uses and its restaurants are mainly family-oriented.

   The West Portal Avenue District controls are designed to preserve the existing family-oriented, village character of West Portal Avenue. The building standards limit building heights to 26 feet and two stories and maintain the existing pattern of rear yards at the ground level and above. The height, bulk and design of new development, especially on large lots, should respect the small-scale character of the district and its surrounding residential neighborhoods. Lot mergers creating large lots are discouraged. Individual nonresidential uses require conditional use permits above 2,500 square feet and are restricted to 4,000 square feet as an absolute limit to conform with the existing small use sizes in the district.

   Special controls on commercial uses are designed to protect the existing mix of ground-story retail uses and prevent further intensification and congestion in the district. No new financial services are permitted. Because the district and surrounding neighborhoods are well served by the existing number of eating and drinking establishments, new bars, restaurants and take-out food generally are discouraged: any proposed new establishment should be carefully reviewed to ensure that it is neighborhood-serving and family-oriented, and will not involve high-volume take-out food or generate traffic, parking, or litter problems. Medical, business or professional services are permitted at the first two stories, but additional ground-story locations are to be closely monitored to ensure that the current balance between retail and office uses is maintained. Existing service stations are encouraged to continue operating, but changes in their size, operation, or location are subject to review. Other automotive uses are prohibited. The neighborhood-oriented, retail character of the district is further protected by prohibiting hotels and nonretail uses. The daytime orientation of the district is maintained by prohibitions of entertainment uses and late-night commercial operating hours.

   Housing development is limited. Existing residential units are protected by limitations on demolition and prohibition of upper-story conversions; new construction is to be carefully reviewed to ensure appropriate scale, design and compatibility with adjacent development. Accessory Dwelling Units are permitted within the district pursuant to subsection 207(c)(4) of this Code.

 

Table 729. WEST PORTAL AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

		West Portal 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	26-X. See Height and Bulk Map Sheets HT06 and HT12 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: 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
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 4,999 square feet; C 5,000 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	Subject to the Urban Design Guidelines

 

Zoning Category	§ References	Controls
RESIDENTIAL STANDARDS AND USES
Development Standards
Usable Open Space [Per Dwelling Unit]	§§ 135, 136	100 square feet if private, or 133 square feet if common
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 §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	Not required
Use Characteristics
Single Room Occupancy	§ 102	P
Student Housing	§ 102	P
Residential Uses		Controls By Story
		1st	2nd	3rd+
Residential Uses	§ 102	P	P	NP
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 800 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 of Dwelling Units		Controls by Story
		1st	2nd	3rd+
Residential Conversion	§ 317	C	NP	NP
Residential Demolition and Merger	§ 317	C	C	C

 

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	P up to 2,499 square feet; C 2,500 to 3,999 square feet; NP 4,000 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. - 2 a.m., NP 2:00 a.m. - 6:00 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, 142, 156, 187.1, 202.2(b), 202.5	NP	NP	NP
Automotive Service Station	§§ 102, 187.1, 202.2(b), 202.5	C	NP	NP
Parking Garage, Private	§ 102	C	C	NP
Parking Lot, Private	§§ 102, 142, 156	C	C	NP
Entertainment, Arts and Recreation Use Category
Entertainment and Recreation Uses*	§§ 102, 202.4	NP	NP	NP
Open Recreation Area	§ 102	C	C	NP
Passive Outdoor Recreation	§ 102	C	C	NP
Industrial Use Category
Industrial Uses*	§§ 102, 202.2(d)	NP	NP	NP
Institutional Use Category
Institutional Uses*	§ 102	C	C	NP
Child Care Facility	§ 102	P	P	P
Hospital	§ 102	NP	NP	NP
Medical Cannabis Dispensary	§§ 102, 202.2(e)	C	C	NP
Residential Care Facility	§ 102	P(2)	P	P
Sales and Service Use Category
Retail Sales and Service Uses*	§§ 102, 202.2(a), 202.3	P	P	NP
Adult Business	§ 102	NP	NP	NP
Animal Hospital	§ 102	C	NP	NP
Bar	§§ 102, 202.2(a)	C	NP	NP
Cannabis Retail	§§ 102, 202.2(a)	C	C	NP
Flexible Retail	§ 102	NP	NP	NP
Hotel	§ 102	NP	NP	NP
Kennel	§ 102	C	NP	NP
Liquor Store	§ 102	P	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)	C	NP	NP
Services, Financial	§ 102	NP	NP	NP
Services, Fringe Financial	§ 102	NP	NP	NP
Services, Health	§ 102	C	P	NP
Services, Limited Financial	§ 102	P	NP	NP
Services, Retail Professional	§ 102	C(3)	P	NP
Storage, Self	§ 102	NP	NP	NP
Tobacco Paraphernalia Establishment	§ 102	C	NP	NP
Trade Shop	§ 102	P	NP	NP
Non-Retail Sales and Service*	§ 102	NP	NP	NP
Design Professional	§ 102	C	P	NP
Trade Office	§ 102	C	P	NP
Utility and Infrastructure Use Category
Utility and Infrastructure*	§ 102	C	C	NP
Power Plant	§ 102	NP	NP	NP
Public Utilities Yard	§ 102	NP	NP	NP
Wireless Telecommunications Services Facilities	§ 102	C(4)	C(4)	C(4)

 

 

* Not listed below

(1)   [Note deleted.]

(2)   [Note deleted.]1

(3)   Boundaries: The entire West Portal Neighborhood Commercial District. Controls: Applicable only for the use of stock brokerage. A stock brokerage may apply for Conditional Use if there are no more than a total of seven financial uses and/or stock brokerages within the district. If there are more than seven financial uses and/or stock brokerages in the district, stock brokerages shall not be permitted.

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

 

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 412-88, App. 9/10/88; Ord. 327-97, App. 8/8/97; Ord. 120-99, File No. 990188, Eff. 5/17/99; 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. 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. 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. 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. 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. 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. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019)

AMENDMENT HISTORY

Zoning Control Table: 729.69C and 729.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 729.17 amended; Specific Provisions: 729.68 added; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: 729.40, 729.43 and 729.44 amended, former categories 729.42, 729.67, and 729.69A deleted; Specific Provisions: 729.40 deleted; Ord. 75-12 , Eff. 5/23/2012. Introductory material amended; Zoning Control Table: 729.13 and 729.69B amended; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: former categories 729.38 and 729.39 redesignated as 729.36 and 729.37 and amended; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 729.26 and 729.50 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 729.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 729.14, 729.15, 729.16, and 729.17 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 729.1); Zoning Control Table: 729.54, 729.91, and 729.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: former categories 729.36 and 729.37 deleted, 729.96 and 729.97 added; Ord. 33-16 , Eff. 4/10/2016.  Introductory material amended; Zoning Control Table: 729.91 amended; Specific Provisions: 729.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 729.33A added; Ord. 166-16 , Eff. 9/10/2016. 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. 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. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019.

CODIFICATION NOTE

1.   So in Ord. 303-18.