SEC. 718. UPPER FILLMORE STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

   The Upper Fillmore Street Neighborhood Commercial District is situated in the south-central portion of Pacific Heights. It runs north-south along Fillmore Street from Jackson to Bush and extends west one block along California and Pine Streets. This medium-scaled, multi-purpose commercial district provides convenience goods to its immediate neighborhood as well as comparison shopping goods and services on a specialized basis to a wider trade area. Commercial businesses are active during both day and evening and include a number of bars, restaurants, specialty groceries, and specialty clothing stores.

   The Upper Fillmore District controls are designed to protect the existing building scale and promote new mixed-use development which is in character with adjacent buildings. Building standards regulate large lot and use development and protect rear yards above the ground story and at residential levels. Most commercial uses are permitted at the first two stories of new buildings. Special controls are designed to preserve the existing equilibrium of neighborhood-serving convenience and specialty commercial uses. In order to maintain convenience stores and protect adjacent livability, additional bars (unless part of a restaurant) and formula retail establishments are prohibited, and financial service uses are limited. In order to promote continuous retail frontage, drive-up and most automobile uses are prohibited.

   Housing development in new buildings is encouraged above the second story. Existing residential units are protected by limitations on demolitions and upper-story conversions. Accessory Dwelling Units are permitted within the district pursuant to Section 207.1 of this Code.

 

Table 718. UPPER FILLMORE STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

		Upper Fillmore Street 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 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 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
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)	CU required for the entirety of California Street.
Miscellaneous
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
Usable Open Space [Per Dwelling Unit]	§§ 135, 136	80 square feet if private, or 100 square feet if common, or the amount of open space required in the nearest Residential District, whichever is less.
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	§ 207.7	Generally required for creation of 10 or more Dwelling Units. No less than 25% of the total number of proposed Dwelling Units shall contain at least two Bedrooms, and no less than 10% of the total number of proposed Dwelling Units shall contain at least three Bedrooms.
Use Characteristics
Intermediate Length Occupancy	§§ 102; 202.10	P(7)
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 Density	§§102, 207.1, 207.2	P per Planning Code Sections 207.1 and 207.2.
Dwelling Unit Density	§§ 102, 207	1 unit per 600 square foot lot area or the density permitted in the nearest R District, whichever is greater.
Group Housing Density	§ 208	1 bedroom per 210 square foot lot area or the density permitted in the nearest R District, whichever is greater.
Homeless Shelter Density	§§ 102, 208	Density limits regulated by the Administrative Code
Senior Housing Density	§§ 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	C	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	2.5 to 1
Use Size	§§ 102, 121.2	P up to 2,499 square feet; C 2,500 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.; C 2 a.m. - 6 a.m.
Maritime Use	§ 102	NP
Open Air Sales	§§ 102, 703(b)	See Section 703(b)
Outdoor Activity Area	§§ 102, 145.2, 202.2	P if located in front or it complies with Section 202.2(a)(7); 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)	NP	NP	NP
Electric Vehicle Charging Location	§§ 102, 202.2(b), 202.13	C(9)1	C(9)	C(9)
Fleet Charging	§ 102	C	C	C
Parking Garage, Private	§ 102	C	C	C
Parking Garage, Public	§ 102	C	C	C
Parking Lot, Private	§§ 102, 142, 156	C	C	C
Parking Lot, Public	§§ 102, 142, 156	C	C	C
Entertainment, Arts and Recreation Use Category
Entertainment, Arts and Recreation Uses*	§ 102	NP	NP	NP
Arts Activities	§ 102	P	P	P
Entertainment, General	§ 102	P	P	NP
Entertainment, Nighttime	§ 102	C	NP	NP
Movie Theater	§§ 102, 202.4	P	P	P
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
Community Facility	§ 102	P	P	P
Hospital	§ 102	NP	NP	NP
Medical Cannabis Dispensary	§§ 102, 202.2(e)	DR	DR	NP
Public Facilities	§ 102	P	P	P
Residential Care Facility	§ 102	P	P	P
Social Service or Philanthropic Facility	§ 102	P	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
Adult Sex Venue	§ 102	NP	NP	NP
Animal Hospital	§ 102	P	P	P
Bar	§§ 102, 202.2(a)	C(3)	NP	NP
Cannabis Retail	§§ 102, 202.2(a)	C	C	NP
Flexible Retail	§§ 102, 202.9	P	NP	NP
Hotel	§ 102	C	C	C
Kennel	§ 102	C	NP	NP
Liquor Store	§ 102	C	NP	NP
Massage Establishment	§§ 102, 204, 303(n), 703	P	C(8)	NP(8)
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)	P(5)	P(5)	NP
Restaurant, Limited	§§ 102, 202.2(a)	P(5)	P(5)	NP
Services, Financial	§ 102	P	NP	NP
Services, Fringe Financial	§ 102	NP	NP	NP
Services, Limited Financial	§ 102	P	NP	NP
Services, Retail Professional	§ 102	P	P	P
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	P	P	NP
Office, General	§ 102	NP(1)	NP(1)	NP(1)
Service, Non-Retail Professional	§ 102	C	P	NP
Trade Office	§ 102	P	P	NP
Utility and Infrastructure Use Category
Utility and Infrastructure*	§ 102	C(6)	C(6)	C(6)
Power Plant	§ 102	NP	NP	NP
Public Utilities Yard	§ 102	NP	NP	NP

 

* Not listed below

(1)   A General Office use that provides executive, management, administrative, and clerical services and support related to philanthropic activities that serve non-profit institutions and organizations, including activities that may include funding and support of educational, medical, environmental, cultural, and social services institutions and organizations, is a Permitted Use. Such Uses (a) may not be located on the First Story of buildings where the most recent prior Use was any Use other than Residential or Office and (b) may be located in a single undivided space not physically separated from a Residential Use. Any Residential Conversion above the First Story, associated with, or following commencement of such Use, shall be considered a Conditional Use requiring approval pursuant to Section 317.

(2)   [Note deleted.]

(3)   A new bar will be allowed with a Conditional Use authorization from the Planning Commission only in conjunction with a Restaurant use.

(4)   [Note deleted.]

(5)   Formula Retail NP for this use

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

(7)   NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(8)   P if accessory to a Hotel, Personal Service or Health Service.

(9)1    P where existing use is any Automotive Use.

 

(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. 51-09, File No. 081620, App. 4/2/2009; Ord. 161-09, File No. 090367, App. 7/15/2009; Ord. 56-11, File No. 110070, App. 3/23/2011; 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; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024)

AMENDMENT HISTORY

Zoning Control Table: 718.69C and 718.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 718.10 and 718.17 amended; Specific Provisions: 718.68 added; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: 718.43 and 718.44 amended, former categories 718.42, 718.67, and 718.69A deleted; Specific Provisions: 718.43, 718.44 (Upper Fillmore NCD) added; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 718.13, 718.54, and 718.69B amended; Specific Provisions: 718.54 added; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: former categories 718.38 and 718.39 redesignated as 718.36 and 718.37 and amended; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 718.26, 718.49 and 718.50 amended; Specific Provisions: 718.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 718.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 718.14, 718.15, 718.16, and 718.17 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 718.1); Zoning Control Table: 718.54, 718.91, and 718.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: former categories 718.36 and 718.37 deleted, 718.96 and 718.97 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 718.91 amended; Specific Provisions: 718.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 718.33A 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. Second undesignated introductory paragraph and 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; Note (1) added; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (7) added; Ord. 78-20, Eff. 6/22/2020. Introductory material and Zoning Control Table amended; Note (4) deleted; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Note (7) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (8) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (8) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (9)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023.. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024.

CODIFICATION NOTE

1.   Note “(9)” is referenced as “(8)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(8)” previously had been added to this section by Ord. 233-21.