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neighborhood-serving convenience stores and Citywide specialty businesses has shifted, as convenience stores have been replaced by restaurants and bars.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 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 207.1 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(16)
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 if private, or 80 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, 151.1, 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	§ 207.7	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(13)
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, 207.1, 207.2	P per Planning Code Sections 207.1 and 207.2.
Dwelling Units	§§ 102, 207	1 unit per 400 square foot lot area or the density permitted in the nearest R 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	§§ 317, 780.3(c)(4)	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.(5)
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, 202.2	P if located in front or it complies with Section 202.2(a)(7); 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), 145.4	NP(11)	NP	NP
Electric Vehicle Charging Location	§§ 102, 202.2(b), 202.13	C(15)3	C(15)	C(15)
Fleet Charging	§ 102	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, 145.4	NP	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(10)	P(10)	NP
Adult Business	§ 102	NP	NP	NP
Adult Sex Venue	§ 102	NP	NP	NP
Animal Hospital	§ 102	P	P	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, 202.9	NP	NP	NP
Hotel	§ 102	C	C	C
Kennel	§ 102	NP	NP	NP
Liquor Store	§ 102	C(12)	NP	NP
Massage Establishment	§§ 102, 204, 303(n), 703	C(14)	C(14)	NP(14)
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, 781.6	C(2)(7)	NP	NP
Services, Retail Professional	§§102, 781.6	C(7)	P	P
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
Service, Non-Retail Professional	§ 102	NP	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 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 02, 23, 41, 47, 49, 59 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 or gross sales 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 Offices 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: Fringe Financial Services are NP within any FFSRUD and its 1/4 mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 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 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, for up to six years from the date of the fire, 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 six years of interim relocation, from the date of the fire.

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

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

(15)3    P where existing use is any Automotive Use.

(16)   C for 2,500 square feet and above if located within the Priority Equity Geographies Special Use District established under Section 249.97.

 

(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; 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; Ord. 117-20, File No. 200114, App. 7/31/2020, Eff. 8/31/2020; Ord. 182-20, File No. 200673, App. 10/2/2020, Eff. 11/2/2020; 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. 95-22, File No. 220342, App. 6/24/2022, Eff. 7/25/2022; 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; Ord. 85-24, File No. 231221, App. 4/26/2024, Eff. 5/27/2024)

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. Zoning Control Table and Note (8) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (13) added; Ord. 78-20, Eff. 6/22/2020. Zoning Control Table and Note (5) amended; Ord. 117-20, Eff. 8/31/2020. Note (6) amended; Ord. 182-20, Eff. 11/2/2020. Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Notes (1) and (13) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (14) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (14) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Note (12) amended; Ord. 95-22, Eff. 7/25/2022. Zoning Control Table amended; Note (15)3 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Note (16) added; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table and Notes (5), (6), and (7) 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. Zoning Control Table amended; Ord. 85-24 , Eff. 5/27/2024.

CODIFICATION NOTES

1.   So in Ord. 63-20.

2.   So in Ord. 196-17.

3.   Note “(15)” is referenced as “(14)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(14)” previously had been added to this section by Ord. 233-21.

SEC. 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

   (a)   Background. Sitting in the gulch between Nob and Russian Hills and Pacific Heights, the Polk Street Neighborhood Commercial District extends for a mile as a north-south linear strip, and includes a portion of Larkin Street between Post and California Streets. Polk Street’s dense mixed-use character consists of buildings with residential units above ground-story commercial use. The district has an active, pedestrian-oriented, and continuous commercial frontage along Polk Street for almost all of its length. Larkin Street and side streets in the district have a greater proportion of residences than Polk Street itself. California Street and Hyde Street also have active, pedestrian-oriented, and commercial frontage that is small-scale. The district is well served by transit and includes the historic California Cable Car. To preserve and maintain the district’s small-scale, fine grain storefronts, the consolidation or merger of existing retail or commercial spaces or storefronts is generally prohibited and lot mergers are controlled. The district provides convenience goods and services to the residential communities in the Polk Gulch neighborhood and to the residents on the west slopes of Nob and Russian Hills. It has many apparel and specialty stores, as well as some automobile uses, which serve a broader trade area. Commercial uses also include offices, as well as movie theaters, restaurants, and bars which keep the district active into the evening.

   (b)   Controls.

      (1)   Purposes. The Polk Street District controls are designed to encourage and promote development that is compatible with the surrounding neighborhood. The building standards monitor large-scale development and protect rear yards at residential levels. Consistent with Polk Street’s existing mixed-use character, new buildings may contain most commercial uses at the First Story. The controls encourage neighborhood-serving businesses. They also prohibit new adult entertainment uses. Restrictions on drive-up and most automobile uses protect the district’s continuous retail frontage and prevent further traffic congestion.

         Housing developed in new buildings is encouraged above the First Story, especially in the less intensely developed portions of the district along Larkin Street and on large lots throughout the district. New housing development requires 40% or more two-bedroom plus units to encourage families to live in the district. Parking is limited in new developments given the district’s transit access and the proximity to bus rapid transit along Van Ness Avenue parallel to the district. Existing housing units are protected by prohibitions on demolitions and upper-story conversions. Accessory Dwelling Units are permitted within the district pursuant to Section 207.1 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; provided, however, that 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, (B) the Legacy Business has removed itself or has been otherwise removed from the Legacy Business Registry, or (C) the Legacy Business is an existing General Grocery use and is replaced by another business classified as a General Grocery use, and only if the existing General Grocery use is expanded into a building on the same Lot.

      (3)   Merger of Storefronts Prohibited. To preserve and maintain the district’s small-scale, fine grain storefronts, the consolidation or merger of existing ground floor retail or commercial spaces or storefronts shall be prohibited, except that two adjacent storefronts may be consolidated or merged if: (A) the storefronts are for a Legacy Business on a corner lot within the same building and Block and Lot number, and provided that the consolidation or merger of storefronts would not result in a use size in excess of the principally permitted use size within the Polk Street NCD, (B) the storefronts are merged by a General Grocery use in association with the replacement of a Legacy Business that is also a General Grocery use, and the expansion of the General Grocery use is within a building on the same Lot, and is consistent with the size limitations in Section 121.2, or (C) the storefronts are merged by a Limited Restaurant use that relocates within the Polk Street NCD, and is designated as a Legacy Business as of the effective date of the ordinance in Board File No. 240411.

      (4)   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.

      (5)   Neighborhood Commercial Design Guidelines. The construction of new buildings and alteration of existing buildings in the Polk Street NC 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 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

		Polk 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	65-A, 80-A, and 130-E. 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)	Required at the lowest Story containing a Dwelling Unit, and at each succeeding level or Story of the Building: 25% of lot depth, but in no case less than 15 feet
Front Setback and Side Yard	§§ 130, 131, 132, 133	Not Required.
Streetscape and Pedestrian Improvements	§ 138.1	Required
Street Frontage and Public Realm
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	Required on any street frontage that is in the Polk Street Neighborhood Commercial District.
Vehicular Access Restrictions	§ 155(r)	CU required for the entirety of California Street.
Lot Size (Per Development)	§§ 102, 121.1	P(12)
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 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	60 square feet if private, or 80 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, 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	Generally Required for creation of five or more Dwelling Units. 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
Intermediate Length Occupancy	§§ 102; 202.10	P(8)
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 Units	§§102, 207.1, 207.2	P per Planning Code Sections 207.1 and 207.2.
Dwelling Units	§§ 102, 207	1 unit per 400 square foot lot area; or the density permitted in the nearest R District, whichever is greater.
Homeless Shelters	§§ 102, 208	Density limits regulated by the Administrative Code
Residential Density, Group Housing	§ 208	1 bedroom per 140 square foot lot area or the density permitted in the nearest R District, whichever is greater.
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 and 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 (7)
Development Standards
Floor Area Ratio	§§ 102, 123, 124	2.5 to 1
Use Size	§§ 102, 121.2	P up to 1,999 square feet; C 2,000 to 3,999 square feet; NP 4,000 square feet and above (2)
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
Automotive Repair	§ 102	C	NP	NP
Electric Vehicle Charging Location	§§ 102, 202.2(b), 202.13	C(11)3	C(11)	C(11)
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	P	C	NP
Movie Theater	§§ 102, 202.4 (2)	P (2)	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	NP
Bar	§§ 102, 202.2(a)	C(1)	NP	NP
Cannabis Retail	§§ 102, 202.2(a)	C	C	NP
Flexible Retail	§§ 102, 202.9	P	NP	NP
Grocery, General	§§ 102, 121.2 (2)	P (2)	P	NP
Hotel	§ 102	C	C	C
Kennel	§ 102	NP	NP	NP
Liquor Store	§ 102	C(9)	NP	NP
Massage Establishment	§§ 102, 204, 303(n), 703	NP(10)2	C(10)	NP(10)
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)	P	P	NP
Restaurant, Limited	§§ 102, 121.2, 202.2(a)	P(2)	P	NP
Services, Financial	§ 102	P	C	NP
Services, Fringe Financial	§ 102	NP(4)	NP(4)	NP(4)
Services, Health	§ 102	NP(3)	C	C
Services, Limited Financial	§ 102	P	NP	NP
Services, Retail Professional	§ 102	NP(3)	P	P
Storage, Self	§ 102	NP	NP	NP
Tobacco Paraphernalia Establishment	§ 102	NP(5)	NP(5)	NP(5)
Trade Shop	§ 102	P	C	NP
Non-Retail Sales and Service*	§ 102	NP	NP	NP
Design Professional	§ 102	P	P	NP
Service, Non-Retail Professional	§ 102	NP(13)4	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)   Temporary closures of existing liquor establishments located within the Lower Polk Alcohol Restricted Use District for repair, renovation, or remodeling that meet the requirements of Section 788(d)(2)(B) shall not be considered enlargement, alteration, intensification, abandonment, or a change of use of a conditional use permit pursuant to Section 178 of this Code, provided that any demolition permits required for the repair, renovation, or remodeling work have been submitted by January 1, 2018.

(2)   USE SIZE EXEMPTION: Per Planning Code Section 121.2(a), a Conditional Use Authorization is not required for any Limited Restaurant use that relocates within the Polk Street NCD, and is designated as a Legacy Business as of the effective date of the ordinance in Board File No. 240411. Per Planning Code Section 121.2(b), Use Size shall generally not exceed 4,000 square feet except that a Movie Theater as defined in Section 102 may exceed 4,000 square feet. In addition, the enlargement of an existing General Grocery use on the same Lot, and in association with the replacement of a Legacy Business that is also a General Grocery use, may exceed 4,000 square feet.

(3)   Principally permitted on properties that do not have any frontage on Polk Street, California Street, or Hyde Street.

(4)   FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD): Boundaries: The FFSRUD and its ¼ mile buffer includes, but is not limited to, properties within the North of Market Residential Special Use District; and includes some properties within the Polk Street Neighborhood Commercial District. Controls: Fringe Financial Services are NP within any FFSRUD and its ¼ mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(5)   TOBACCO PARAPHERNALIA ESTABLISHMENTS PROHIBITION– Tobacco Paraphernalia Establishments are not permitted in the Polk Street Neighborhood Commercial District and within one-quarter mile of the boundaries of that Neighborhood Commercial District. A special definition of “Tobacco Paraphernalia Establishments” applicable to the Polk Street Neighborhood Commercial District is set forth in Section 102. In the Polk Street Neighborhood Commercial District, the period of non-use for a non-conforming Tobacco Paraphernalia Establishment to be deemed discontinued shall be 18 months.

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

(7)   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.

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

(9)   Temporary closures of up to three years, measured from the effective date of the ordinance in Board of Supervisors File No. 210287 enacting this note, of existing liquor stores located in the Polk Street Neighborhood Commercial District, during construction of a development project on the site of the existing liquor store, 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 Polk Street Neighborhood Commercial District to another location in the Polk Street Neighborhood Commercial District during construction of a development project on the site of said liquor stores shall not require a new Conditional Use Permit for the duration of up to three years, measured from the effective date of the ordinance in Board of Supervisors File No. 210287 enacting this note, of interim relocation.

(10)2    P if accessory to a Hotel, Personal Service or Health Service.

(11)3    P where existing use is any Automotive Use.

(12)   C for 2,500 square feet and above if located within the Priority Equity Geographies Special Use District established under Section 249.97.

(13)4    Conditionally permitted on properties that do not have any frontage on Polk Street, California Street, or Hyde Street.

 

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, 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. 251-07, File No. 070851, App. 11/7/2007; 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. 3-10, File No. 090962, App. 1/15/2010; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; 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. 74-13 , File No. 121065, App. 4/30/2013, Eff. 5/30/2013; 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. 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. 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. 114-18, File No. 180190, App. 5/9/2018, Eff. 6/9/2018; 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. 201-19, File No. 190661, 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. 76-21, File No. 210287, App. 5/28/2021, Eff. 6/28/2021; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 197-21, File No. 210600, App. 11/5/2021, Eff. 12/6/2021; 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. 11-23, File No. 221023, App. 2/9/2023, Eff. 3/12/2023; Ord. 142-23, File No. 230410, App. 7/26/2023, Eff. 8/26/2023; 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; Ord. 85-24, File No. 231221, App. 4/26/2024, Eff. 5/27/2024; Ord. 169-24, File No. 240411, App. 7/12/2024, Eff. 8/12/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025)

AMENDMENT HISTORY

Zoning Control Table: 723.69C and 723.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 723.43 and 723.44 amended, former categories 723.42, 723.67, and 723.69A deleted; Specific Provisions: 723.44 added; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 723.13, 723.54, and 723.69B amended; Specific Provisions: 723.54 added; Ord. 56-13 , Eff. 4/27/2013. Specific Provisions: 723.69 amended; Ord. 74-13 , Eff. 5/30/2013. Zoning Control Table: former categories 723.38 and 723.39 redesignated as 723.36 and 723.37 and amended; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 723.26 and 723.49 amended; Specific Provisions: 723.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 723.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 723.14, 723.15, 723.16, and 723.17 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 723.1); Zoning Control Table: 723.54, 723.91, and 723.92 amended; Ord. 30-15 , Eff. 4/25/2015. Introductory material amended; Zoning Control Table: 723.91 amended; Specific Provisions: 723.91 added; Ord. 162-15 , Eff. 10/18/2015. Zoning Control Table: former categories 723.36 and 723.37 deleted, 723.96 and 723.97 added; Ord. 33-16 , Eff. 4/10/2016. Specific Provisions: 723.91 amended; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 723.33A 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 * added; Note (1) deleted; Ord. 189-17, Eff. 10/15/2017. Divisions (a), (b), and (b)(1) designated and amended; divisions (b)(2)-(4) added; Zoning Control Table amended; Note (7) added; Ord. 205-17, Eff. 12/3/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Note (1) added; Ord. 114-18, Eff. 6/9/2018. 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. Division (b)(5) added; Zoning Control Table amended; Ord. 201-19, Eff. 9/9/2019. Zoning Control Table and Note (4) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (8) added; Ord. 78-20, Eff. 6/22/2020. Division (b)(1) and Zoning Control Table amended; Note (3) deleted; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Note (9) added; Ord. 76-21, Eff. 6/28/2021. Zoning Control Table and Notes (4) and (8) amended; Note (2) added; Ord. 136-21, Eff. 9/4/2021. Division (b)(3) amended; Ord. 197-21, Eff. 12/6/2021. Zoning Control Table amended; Note (10)2 added; Ord. 233-21 , Eff. 1/22/2022. Zoning Control Table and Note (10)2 amended; Ord. 37-22 , Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22 , Eff. 6/13/2022. Zoning Control Table amended; Note (11)3 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Divisions (a), (b)(2), and (b)(3), Zoning Control Table, and Note (2) amended; Ord. 11-23 , Eff. 3/12/2023. Zoning Control Table and Note (5) amended; Note (3) added; Ord. 142-23 , Eff. 8/26/2023.. Zoning Control Table amended; Note (12) added; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table and Note (3) amended; Note (13)4 added; 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. Zoning Control Table and Notes (3) and (13) amended; Ord. 85-24 , Eff. 5/27/2024. Division (b)(3), Zoning Control Table, and Note (2) amended; Ord. 169-24 , Eff. 8/12/2024. Zoning Control Table amended; Ord. 297-24 , Eff. 1/19/2025.

CODIFICATION NOTES

1.   So in Ord. 63-20.

2.   Note “(10)” is referenced as “(9)” in Ord. 233-21 and Ord. 37-22. The note was redesignated by the codifier because a note designated as “(9)” previously had been added to this table by Ord. 76-21.

3.   Note “(11)” is referenced as “(10)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(10)” previously had been added to this section by Ord. 233-21.

4.   Note “(13)” is referenced as “(12)” in Ord. 249-23. The note was redesignated by the codifier because a note designated as “(12)” previously had been added to this section by Ord. 248-23.

SEC. 724. SACRAMENTO STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

   Located in the Presidio Heights neighborhood in north-central San Francisco, the Sacramento Street Neighborhood Commercial District functions as a small-scale linear shopping area. It extends along Sacramento Street between Lyon and Spruce Streets. Interspersed among residential buildings and garages, the district’s daytime-oriented retail stores provide a limited array of convenience goods to the immediate neighborhood. Sacramento Street also has many elegant clothing, accessory, and antique stores and services, such as hair salons, which attract customers from a wider trade area. Its numerous medical and business offices draw clients from throughout the City. Evening activity in the district is limited to one movie theater, a few restaurants, and some stores near Presidio Avenue.

   The Sacramento Street District controls are designed to promote adequate growth opportunities for development that is compatible with the surrounding low-density residential neighborhood. The building standards monitor large-scale development and protect rear yards at the grade level and above. Most new commercial development is permitted at the first story; general retail uses are permitted at the second story only if such use would not involve conversion of any existing housing units. Special controls are designed to protect existing neighborhood-serving ground-story retail uses. Limits on financial service uses are intended to minimize the environmental impacts generated by the growth of such uses. The daytime orientation of the district is encouraged by requiring conditional use authorization for bars and restricting late-night commercial activity. New hotels and parking facilities are limited in scale and operation to minimize disruption to the neighborhood. Most new automobile and drive-up uses are prohibited to promote continuous retail frontage.

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

 

Table 724. SACRAMENTO STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

		Sacramento 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 Sheets HT02 and HT03 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.
Street Frontage, Ground Floor Commercial	§ 145.4	Not Required
Vehicular Access Restrictions	§ 155(r)	See Section 155(r)
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
Development Standards
Usable Open Space [Per Dwelling Unit]	§§ 135, 136	100 square feet if private, or 133 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(6)
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 Units	§§102, 207.1, 207.2	P per Planning Code Sections 207.1 and 207.2.
Dwelling Units	§§ 102, 207	1 unit per 800 square foot lot area or the density permitted in the nearest R District, whichever is greater.
Group Housing	§ 208	1 bedroom per 275 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	§ 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 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. - 12 a.m.; C 12 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	P
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(8)2	C(8)	C(8)
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	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
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	C	NP
Adult Business	§ 102	NP	NP	NP
Adult Sex Venue	§ 102	NP	NP	NP
Animal Hospital	§ 102	P	P	NP
Bar	§§ 102, 202.2(a)	C	NP	NP
Cannabis Retail	§§ 102, 202.2(a)	C	C	NP
Flexible Retail	§§ 102, 202.9	P	NP	NP
Gym	§ 102	P	NP	NP
Hotel	§ 102	C	C	NP
Kennel	§ 102	C	NP	NP
Liquor Store	§ 102	P	NP	NP
Massage Establishment	§§ 102, 204, 303(n), 703	C(4)(7)	C(7)	NP(7)
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)	P	P	NP
Restaurant, Limited	§§ 102, 202.2(a)	P	P	NP
Services, Financial	§ 102	P	NP	NP
Services, Fringe Financial	§ 102	NP(3)	NP(3)	NP(3)
Services, Health	§ 102	P	P	P
Services, Limited Financial	§ 102	P	NP	NP
Services, Personal	§ 102	P	NP	NP
Services, Retail Professional	§ 102	P	P	P
Storage, Self	§ 102	NP	NP	NP
Tobacco Paraphernalia Establishment	§ 102	C	NP	NP
Non-Retail Sales and Service*	§ 102	NP	NP	NP
Design Professional	§ 102	C(4)	NP	NP
Service, Non-Retail Professional	§ 102	C	P	NP
Trade Office	§ 102	C(4)	NP	NP
Utility and Infrastructure Use Category
Utility and Infrastructure*	§ 102	C(5)	C(5)	C(5)
Power Plant	§ 102	NP	NP	NP
Public Utilities Yard	§ 102	NP	NP	NP

 

* Not listed below

(1)   [Note deleted.]

(2)   [Note deleted.]

(3)   FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD) Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, the Sacramento Street Neighborhood Commercial District. Controls: Fringe Financial Services are NP within any FFSRUD and its 1/4 mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(4)   [Note deleted.]

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

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

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

(8)2    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. 243-05, File No. 051248, App. 10/21/2005; 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. 63-13 , File No. 130042, App. 4/10/2013, Eff. 5/10/2013; 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. 23-17, File No. 160656, App. 2/10/2017, Eff. 3/12/2017; 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. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; 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: 724.69C and 724.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 724.10, 724.17, and 724.69 amended; Specific Provisions: 724.68 added; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: 724.43 and 724.44 amended, former categories 724.42, 724.67, and 724.69A deleted; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 724.13 and 724.69B amended; Ord. 56-13 , Eff. 4/27/2013. Introductory material amended; Zoning Control Table: 724.51 amended; Specific Provisions: 724.51 added; Ord. 63-13 , Eff. 5/10/2013. Zoning Control Table: former categories 724.38 and 724.39 redesignated as 724.36 and 724.37 and amended; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 724.26, 724.49, and 724.50 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 724.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 724.14, 724.15, 724.16, and 724.17 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 724.1); Zoning Control Table: 724.54, 724.91, and 724.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: former categories 724.36 and 724.37 deleted, 724.96 and 724.97 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 724.91 amended; Specific Provisions: 724.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 724.33A added; Ord. 166-16 , Eff. 9/10/2016. Introductory material amended; Zoning Control Table: 724.51 amended; Specific Provisions: 724.51 amended; Ord. 23-17, Eff. 3/12/2017. 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 (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. Zoning Control Table and Note (3) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (6) added; Ord. 78-20, Eff. 6/22/2020. Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 111-21, Eff. 9/4/2021. Zoning Control Table and Notes (3) and (6) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table and Note (4) amended; Note (7) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Notes (4) and (7) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (8)2 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. Second introductory paragraph and Zoning Control Table amended; Note (4) deleted; 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 NOTES

1.   So in Ord. 63-20.

2.   Note “(8)” is referenced as “(7)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(7)” previously had been added to this section by Ord. 233-21.

SEC. 725. UNION STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

   The Union Street Commercial District is located in northern San Francisco between the Marina and Pacific Heights neighborhoods. The district lies along Union Street between Van Ness Avenue and Steiner, including an arm extending north on Fillmore Street to Lombard. The shopping area provides limited convenience goods for the residents of sections of the Cow Hollow, Golden Gate Valley, and Pacific Heights neighborhoods immediately surrounding the street. Important aspects of Union Street's business activity are eating and drinking establishments and specialty shops whose clientele comes from a wide trade area. There are also a significant number of professional, realty, and business offices. Many restaurants and bars as well as the district's two movie theaters are open into the evening hours, and on weekends the street's clothing, antique stores and galleries do a vigorous business.

   The Union Street District controls are designed to provide sufficient growth opportunities for commercial development that is in keeping with the existing scale and character, promote continuous retail frontage, and protect adjacent residential livability. Small-scale buildings and neighborhood-serving uses are promoted, and rear yards above the ground story and at all residential levels are protected. Most commercial development is permitted at the first two stories of new buildings, while retail service uses are monitored at the third story and above. Controls are necessary to preserve the remaining convenience businesses and to reduce the cumulative impacts which the growth of certain uses have on neighborhood residents. Such controls require Conditional Use authorization for additional drinking establishments and limit additional entertainment, and financial service uses. Most automobile and drive-up uses are prohibited in order to maintain continuous retail frontage and minimize further traffic congestion.

   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 725. UNION STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

		Union 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)	See Section 155(r)
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
Development Standards
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(6)2
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 Units	§§102, 207.1, 207.2	P per Planning Code Sections 207.1 and 207.2.
Dwelling Units	§§ 102, 207	1 unit per 600 square foot lot area or the density permitted in the nearest R District, whichever is greater.
Group Housing	§ 208	1 bedroom per 210 square foot lot area, or the density permitted in the nearest R 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	C	C
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	3.0 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(8)1	C(8)	C(8)
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	NP
Bar	§§ 102, 202.2(a)	C	NP	NP
Cannabis Retail	§§ 102, 202.2(a)	C	C	NP
Flexible Retail	§§ 102, 202.9	P	NP	NP
Gym	§ 102	P	P	C
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(1)(7)	NP(7)
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)	P	P	NP
Restaurant, Limited	§§ 102, 202.2(a)	P	P	NP
Services, Financial	§ 102	P	C	NP
Services, Fringe Financial	§ 102	NP(4)	NP(4)	NP(4)
Services, Health	§ 102	P	P	C
Services, Limited Financial	§ 102	P	NP	NP
Services, Personal	§ 102	P	P	C
Services, Retail Professional	§ 102	P	P	P
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	P	P	C
Service, Non-Retail Professional	§ 102	C	P	NP
Trade Office	§ 102	P	P	C
Utility and Infrastructure Use Category
Utility and Infrastructure*	§ 102	C(5)	C(5)	C(5)
Power Plant	§ 102	NP	NP	NP
Public Utilities Yard	§ 102	NP	NP	NP

 

* Not listed below

(1)   Any Massage Establishment that has continually operated without the benefit of a building permit within the Union Street NCD since prior to December 31, 2017 shall not require a Conditional Use authorization to legally establish the Massage Establishment. However, such establishments must file a building permit application by May 1, 2020 to legally establish the Massage Establishment use, and such building permit application will be subject to neighborhood notification pursuant to Planning Code Section 311.

(2)   [Note deleted.]

(3)   [Note deleted.]

(4)   FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD) Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, the Union Street Neighborhood Commercial District. Controls: Fringe Financial Services are NP within any FFSRUD and its 1/4 mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

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

(6)2    NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

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

(8)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. 8-09, File No. 080872, App. 1/16/2009; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 98-09, File No. 090274, App. 6/19/2009; 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. 214-12 , File No. 120773, App. 10/9/2012, Eff. 11/8/2012; 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. 219-18, File No. 180053, App. 9/21/2018, Eff. 10/22/2018; 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. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; 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: 725.69C and 725.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 725.10, 725.17, and 725.42 amended; Specific Provisions: 725.68 added; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: 725.43 and 725.44 amended, former categories 725.42, 725.67, and 725.69A deleted; Specific Provisions: 725.44 amended, 725.44, 725.69B deleted; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 725.43 and 725.69B amended; Specific Provisions: 725.44 amended; Ord. 214-12 , Eff. 11/8/2012. Zoning Control Table: 725.13 and 725.69B amended; Specific Provisions: 725.44 amended; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: former categories 725.38 and 725.39 redesignated as 725.36 and 725.37 and amended; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 725.26 and 725.49 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 725.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 725.14, 725.15, 725.16, and 725.17 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 725.1); Zoning Control Table: 725.54, 725.91, and 725.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: former categories 725.36 and 725.37 deleted, 725.96 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 725.91 amended; Specific Provisions: 725.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 725.33A 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; Note (1) added; Ord. 219-18, Eff. 10/22/2018. 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. Zoning Control Table and Note (4) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (6)2 added; Ord. 78-20 , Eff. 6/22/2020. Introductory material and Zoning Control Table amended; Note (3) deleted; Proposition H , 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 111-21 , Eff. 9/4/2021. Zoning Control Table and Notes (4) and (6) amended; Ord. 136-21 , Eff. 9/4/2021. Zoning Control Table amended; Note (7) added; Ord. 233-21 , Eff. 1/22/2022. Zoning Control Table and Note (7) amended; Ord. 37-22 , Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22 , Eff. 6/13/2022. Zoning Control Table amended; Note (8)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. Second introductory paragraph and 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 NOTES

1.   Note “(8)” is referenced as “(7)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(7)” previously had been added to this section by Ord. 233-21.

2.   Note “(6)” is referenced as “(5)” in Ord. 78-20. The note was redesignated by the codifier because a note designated as “(5)” previously had been added to this section by Ord. 129-17.

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 Section 207.1 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)	See Section 155(r)
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 if private, or 133 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, 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	Generally Required for creation of five or more Dwelling Units. 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
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	§§102, 207.1, 207.2	P per Planning Code Sections 207.1 and 207.2.
Dwelling Units	§§ 102, 207	1 unit per 1,000 square foot lot area, or the density permitted in the nearest R District, whichever is greater.
Group Housing	§ 208	1 bedroom per 275 square foot lot area, or the density permitted in the nearest R 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, 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
Automotive Repair	§ 102	C	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	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
Arts Activities	§ 102	P	P	P
Entertainment, General	§ 102	P	P	NP
Movie Theater	§ 102	C	C	C
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
Community Facility	§ 102	C	C	C
Medical Cannabis Dispensary	§§ 102, 202.2(e)	DR	DR	NP
Public Facilities	§ 102	P	P	P
Residential Care Facility	§ 102	C	P	P
Social Service or Philanthropic Facility	§ 102	C	P	P
Sales and Service Use Category
Retail Sales and Service Uses*	§§ 102, 202.2(a), 202.3	P	C	NP
Adult Business	§ 102	NP	NP	NP
Adult Sex Venue	§ 102	NP	NP	NP
Animal Hospital	§ 102	C	C	NP
Bar	§§ 102, 202.2(a)	NP	NP	NP
Cannabis Retail	§§ 102, 202.2(a)	C	C	NP
Flexible Retail	§§ 102, 202.9	NP	NP	NP
Hotel	§ 102	NP	NP	NP
Kennel	§ 102	NP	NP	NP
Liquor Store	§ 102	NP	NP	NP
Massage Establishment	§§ 102, 204, 303(n), 703	NP(8)	C(8)	NP(8)
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)	P	P	NP
Restaurant, Limited	§§ 102, 202.2(a)	P	P	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
Services, Retail Professional	§ 102	P	P	P
Storage, Self	§ 102	NP	NP	NP
Tobacco Paraphernalia Establishment	§ 102	C	NP	NP
Service, Non-Retail Professional	§ 102	NP	P	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)   [Note deleted.]

(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: Fringe Financial Services are NP within any FFSRUD and its 1/4 mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 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.

(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. 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; 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. 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: 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. Zoning Control Table and Note (4) amended; Note (3) deleted; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (7) added; Ord. 78-20, Eff. 6/22/2020. Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Notes (4) and (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. 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.

SEC. 727. LAKESIDE VILLAGE NEIGHBORHOOD COMMERCIAL DISTRICT.

   The Lakeside Village Neighborhood Commercial District is located in the southwestern part of the City and stretches along Ocean Avenue from Junipero Serra Boulevard to 19th Avenue. It is a neighborhood serving shopping corridor nestled among single-family homes. Lakeside Village has small ground-floor retail, restaurant, and medical office space and is serviced by the M-line streetcar.

   Building controls for the Lakeside Village Neighborhood Commercial District promote low-intensity development which is compatible with the existing scale and character of the District. Commercial development is limited to one story. Rear yard requirements at all levels preserve existing backyard space.

   Commercial use provisions encourage the full range of neighborhood-serving convenience retail sales and services provided that the use size generally is limited to 3,000 square feet. However, commercial uses and features which could impact residential livability are prohibited, such as auto uses, financial services, general advertising signs, drive-up facilities, hotels, and late-night activity.

   Housing development in new buildings is encouraged above the ground story. Existing residential units are protected by prohibitions of conversions above the ground story and limitations on demolitions. Accessory Dwelling Units are permitted within the District pursuant to Sections 207.1 and 207.2 of this Code.

Table 727. LAKESIDE VILLAGE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE
		Lakeside Village 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	Varies, but generally 26-X. See Height and Bulk Map Sheet HT12 for more information. Height sculpting required on Alleys per § 261.1.
5 Foot Height Bonus for Active Ground Floor Uses	§ 263.20	P in some districts
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	Required on some streets, see § 145.4 for specific districts.
Vehicular Access Restrictions	§ 155(r)	Restricted on some streets, see § 155(r) for specific districts
Miscellaneous
Planned Unit Development	§ 304	C
Awning	§ 136.1	P
Canopy or Marquee	§ 136.1	NP
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, 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..1 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
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 800 square foot lot area, or the density permitted in the nearest R District, whichever is greater.
Group Housing Density	§ 208	1 bedroom per 275 square foot lot area, or the density permitted in the nearest R District, whichever is greater.
Homeless Shelters 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	NP	NP
Residential Demolition and Merger	§ 317	C	C	C

 

Zoning Category	§ References	Controls
NON-RESIDENTIAL STANDARDS
Development Standards
Floor Area Ratio	§§ 102 , 123, 124	1.8 to 1
Use Size	§ 102	P up to 2,999 square feet; C 3,000 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. - 11 p.m.; C 11 p.m. - 2 a.m.
Maritime Use	§ 102	NP
Open Air Sales	§§ 102, 703(b)	See § 703(b)
Outdoor Activity Area	§ 102, 145.2, 202.2	P if located in front of building or it complies with Section 202.2(a)(7); C if located elsewhere.
Walk-up Facility	§ 102	P
NON-RESIDENTIAL USES		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	NP	NP	NP
Electric Vehicle Charging Location	§§ 102, 202.2(b), 202.13	C(4)1	C(4)	C(4)
Fleet Charging	§ 102	C	C	C
Parking Garage, Private	§ 102	C	C	C
Parking Garage, Public	§ 102	C	NP	NP
Parking Lot, Private	§§ 102, 142 , 156	C	C	C
Parking Lot, Public	§§ 102, 142 , 156	C	NP	NP
Entertainment, Arts and Recreation Use Category
Entertainment, Arts and Recreation Uses*	§§ 102, 202.4	NP	NP	NP
Arts Activities	§ 102	P	P	P
Entertainment, General	§ 102	P	P	NP
Entertainment, Nighttime	§ 102	C	NP	NP
Movie Theater	§ 102	C	C	C
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	NP
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)	NP	NP	NP
Public Facilities	§ 102	P	P	P
Religious Institution	§ 102	P	C	NP
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 2  202.2(a), 202.3	P	NP	NP
Adult Business	§ 102	NP	NP	NP
Adult Sex Venue	§ 102	NP	NP	NP
Animal Hospital	§ 102	P	P	NP
Bar	§§ 102, 202.2(a)	P	NP	NP
Cannabis Retail	§§ 102, 202.2(a)	NP	NP	NP
Flexible Retail	§§ 102, 202.9	P	NP	NP
Gym	§ 102	P	NP	NP
Hotel	§ 102	NP	NP	NP
Kennel	§ 102	NP	NP	NP
Liquor Store	§ 102	P	NP	NP
Massage Establishment	§§ 102, 204, 703	P	NP(3)	NP(3)
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)	P	P	NP
Restaurant, Limited	§§ 102, 202.2(a)	P	P	NP
Services, Financial	§ 102	P	NP	NP
Services, Fringe Financial	§ 102	NP(2)	NP(2)	NP(2)
Services, Health	§ 102	P	NP	NP
Services, Limited Financial	§ 102	P	NP	NP
Services, Personal	§ 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	NP	NP
Service, Non-Retail Professional	§ 102	C	P	NP
Trade Office	§ 102	P	NP	NP
Utility and Infrastructure Use Category
Utility and Infrastructure*	§ 102	C(5)	C(5)	C(1)
Power Plant	§ 102	NP	NP	NP
Public Utilities Yard	§ 102	NP	NP	NP

 

 

* Not listed below

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

(2)   FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT. Fringe Financial Services are NP within any FFSRUD and its one-quarter mile buffer pursuant to Section 249.35. Outside any FFSRUD and its one-quarter mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

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

(4)1    P where existing use is any Automotive Use.

 

(Added by Ord. 7-20, File No. 191260, App. 1/31/2020, Eff. 3/2/2020; amended by Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; 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. 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)

(Former Sec. 727 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. 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; repealed by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Zoning Control Table deleted by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017)

AMENDMENT HISTORY

Zoning Control Table amended; Note (2) added; Ord. 63-20, Eff. 5/25/2020. Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 111-21, Eff. 9/4/2021. Zoning Control Table amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (3) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (3) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (4)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Third introductory paragraph and 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 NOTES

1.   Note “(4)” is referenced as “(3)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(3)” previously had been added to this section by Ord. 233-21.

2.   So in Ord. 233-21 and Ord. 37-22.

SEC. 728. 24TH STREET – NOE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT.

   The 24th Street – Noe Valley Neighborhood Commercial District is situated along 24th Street between Chattanooga and Diamond in the Noe Valley neighborhood of central San Francisco. This daytime-oriented, multi-purpose commercial district provides a mixture of convenience and comparison shopping goods and services to a predominantly local market area. It contains primarily retail sales and personal services at the street level, some office uses on the second story, and residential use almost exclusively on the third and upper stories.

   The 24th Street – Noe Valley District controls are designed to allow for development that is compatible with the existing small-scale, mixed-use neighborhood commercial character and surrounding residential area. The small scale of new buildings and neighborhood-serving uses is encouraged and rear yard open space corridors at all levels are protected. Most commercial uses are directed to the ground story and limited at the second story of new buildings. In order to maintain the variety and mix of retail sales and services along the commercial strip and to control the problems of traffic, congestion, noise and late-night activity, certain potentially troublesome commercial uses are regulated. Financial service uses are restricted to and at the ground story. Prohibitions on drive-up and most automobile uses help prevent additional traffic and parking congestion.

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

 

Table 728. 24TH STREET – NOE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

		24th Street - Noe Valley 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	Varies, but generally 40-X. See Height and Bulk Map Sheet HT07 for more information. Height sculpting required on Alleys per § 261.1.
5 Foot Height Bonus for Active Ground Floor Uses	§ 263.20	P
Rear Yard	§ 130 § 134, 134(a)(e)	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)	See Section 155(r)
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
Development Standards
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. 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 Units	§§102, 207.1, 207.2	P per Planning Code Sections 207.1 and 207.2.
Dwelling Units	§§ 102, 207	1 unit per 600 square foot lot area, or the density permitted in the nearest R District, whichever is greater.
Group Housing	§ 208	1 bedroom per 210 square foot lot area, or the density permitted in the nearest R 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 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. If car parking is provided, car share spaces are required when a project has 50 units or more 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 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	C	NP
Adult Business	§ 102	NP	NP	NP
Adult Sex Venue	§ 102	NP	NP	NP
Animal Hospital	§ 102	P	P	NP
Bar	§§ 102, 202.2(a)	C	NP	NP
Cannabis Retail	§§ 102, 202.2(a)	C	C	NP
Flexible Retail	§§ 102, 202.9	P	NP	NP
Hotel	§ 102	C	C	NP
Kennel	§ 102	C	NP	NP
Liquor Store	§ 102	C	NP	NP
Massage Establishment	§§ 102, 204, 303(n), 703	C(8)	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	P	NP
Restaurant, Limited	§§ 102, 202.2(a)	P(4)	P	NP
Services, Financial	§ 102	C	NP	NP
Services, Fringe Financial	§ 102	NP(5)	NP(5)	NP(5)
Services, Health	§ 102	C	P	NP
Services, Limited Financial	§ 102	C	NP	NP
Services, Retail Professional	§ 102	P	P	P
Storage, Self	§ 102	NP	NP	NP
Tobacco Paraphernalia Establishment	§ 102	C	NP	NP
Non-Retail Sales and Service*	§ 102	NP	NP	NP
Design Professional	§ 102	C	P	C
Service, Non-Retail Professional	§ 102	C	P	NP
Trade Office	§ 102	C	P	C
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)   [Note deleted.]

(2)   [Note deleted.]

(3)   [Note deleted.]

(4)   Formula Retail Limited-Restaurants are NP.

(5)   FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD) Boundaries: The FFSRUD and its ¼ mile buffer includes portions of, but is not limited to, the 24th Street-Noe Valley Neighborhood Commercial District. Controls: Fringe Financial Services are NP within any FFSRUD and its ¼ mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(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. 384-98, App. 12/24/98; 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. 24-06, File No. 051676, App. 2/8/2006; 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. 101-10, File No. 091208, App. 5/13/2010; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 226-12 , File No. 120774, App. 10/29/2012, Eff. 11/28/2012; 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. 76-15 , File No. 150017, App. 6/12/2015, Eff. 7/12/2015; 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; 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. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019; 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: 728.69C and 728.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 728.40, 728.41, 728.43 and 728.44 amended, former categories 728.42, 728.67, and 728.69A deleted; Specific Provisions: 728.40 amended, former category 728.41 redesignated as 728.44 and amended; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 728.10 amended; Ord. 226-12 , Eff. 11/28/2012. Introductory material amended; Zoning Control Table: 728.13, 728.40, 728.54, and 728.69B amended; Specific Provisions: 728.43 and 728.54 added; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: former categories 728.38 and 728.39 redesignated as 728.36 and 728.37 and amended; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 728.26 amended; Specific Provisions: 728.40/728.43 and 728.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 728.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 728.14, 728.15, 728.16, and 728.17 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 728.1); Zoning Control Table: 728.54, 728.91, and 728.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: 728.51 and 728.53 amended; Ord. 76-15 , Eff. 7/12/2015. Introductory material amended; Zoning Control Table: 728.91 amended; Specific Provisions: 728.12, 728.91 added; Ord. 161-15 , Eff. 10/18/2015. Zoning Control Table: former categories 728.36 and 728.37 deleted, 728.96 and 728.97 added; Ord. 33-16 , Eff. 4/10/2016. Specific Provisions: 728.91 amended; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 728.33A 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. Note (4) amended; Ord. 205-19, Eff. 10/12/2019. Zoning Control Table and Note (5) 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 (3) deleted; Note (4) amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Notes (5) and (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.