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Purpose. In order to provide, maintain, and strengthen viable neighborhood commercial districts, promote the multiple use of neighborhood commercial areas, and protect environmental quality in neighborhood commercial areas, there shall be Neighborhood Commercial Special Use Districts. The designations, locations and boundaries of these Neighborhood Commercial Special Use Districts shall be as provided in Section 780.1 as shown on Sectional Maps of the Zoning Map referred to in Sections 105 and 106 of this Code, subject to the provisions of Sections 105 and 106. The original of the numbered sectional maps of the Zoning Map for Special Use Districts referred to in Section 780.1 of this Code is on file with the Clerk of the Board of Supervisors under File No. 115-87-4. In any Neighborhood Commercial Special Use District, the provisions of the applicable use district established by Section 702 shall prevail, except as specifically provided in Section 780.1 and Section 249.14 "Third Street Special Use District," as designated on Sectional Map 10SU of the Zoning Map. The provisions set forth in this Section shall be applicable to all property, whether public or private, therein.
(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 349-95, App. 11/3/95; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)
AMENDMENT HISTORY
Section amended; Ord. 63-20, Eff. 5/25/2020.
In order to preserve the mix and variety of goods and services provided to the Lakeshore Acres, Crestlake, and Merced Manor neighborhood residents yet provide reasonable commercial expansion and intensification which would not disrupt the single-family residential character of the surrounding neighborhoods, there shall be a Lakeshore Plaza Special Use District, generally located on the NC-S-zoned block bounded by Sloat Boulevard, Everglade Drive, Ocean Avenue, and Clearfield Drive, as designated on Sectional Map 13SU of the Zoning Map. The following provisions shall apply within such special use district:
(a) Purpose and Findings. In addition to the purposes stated in Section 701 of this Code, the following purpose and findings form a basis for special regulations and provide guidance for their application in the Lakeshore Plaza Special Use District.
(1) The Lakeshore Plaza District is located on a single nine-acre parcel, bounded by Sloat Boulevard, Ocean Avenue, Clearfield Drive and Everglade Drive. It is completely surrounded by the Lakeshore Acres, Crestlake and Merced Manor single-family neighborhoods. It was originally designed to be and functions as a small neighborhood shopping center, providing a variety of retail goods and services mainly to the surrounding neighborhoods. It exhibits a strong daytime and family orientation.
(2) The district contains three large low-scale buildings, which are removed from the street edge and surrounded by a number of off-street parking spaces, in a configuration which cannot accommodate new housing.
(b) Controls. The controls for the NC-S District, as set forth in Section 713 of this Code, shall apply to the Lakeshore Plaza Special Use District, except as provided below:
Zoning Category No. | Controls |
Zoning Category No. | Controls |
.10 | The 26-40-X height district requires Conditional Use authorization for heights over 26 feet not exceeding 40 feet. |
.27 | Hours of Operation shall be permitted as a Principal Use from 6 a.m. to 11 p.m. and as a Conditional Use from 11 p.m. to 6 a.m. |
.30 | General advertising signs are not permitted. |
.41 | Bars are permitted as Conditional Uses at the First and Second Stories. |
.46 | Movie Theaters are permitted as Conditional Uses at the First and Second Stories. |
.48 | General and Nighttime Entertainment is permitted as a Conditional Use at the First and Second Stories. |
.49 | Financial services are permitted as principal uses at the third story. |
.51, .52, .53 | Medical services, personal services and business or professional services are permitted as principal uses at the third story. |
.64 | Mortuaries are not permitted. |
.69A | Restaurants are permitted as principal uses at the first story and as Conditional Uses at the second story. |
.70 | Non-Retail Sales and Services are permitted as principal uses at the first, second, and third stories. |
.81 | Other institutions, large, are permitted as conditional uses at the first, second, and third stories. |
.82 | Other institutions, small, are permitted as conditional uses at the first, second and third stories. |
.90 | Residential uses are permitted as conditional uses at the first and second stories and not permitted above the second story. |
.91, .92, .93 | Residential density for dwelling units is one unit per 3,000 sq. ft. of lot area; group housing is not permitted; minimum usable open space per dwelling unit is 300 sq. ft. if private and 400 sq. ft. if common. |
.95 | Private Parking Garages are permitted as conditional uses at the first story and below and not permitted above the first story. |
(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 42-89, App. 2/8/89; Ord. 245-08, File No. 080696; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; 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)
AMENDMENT HISTORY
In order to preserve the potential mix and variety of goods and services provided to the Bayview, Little Hollywood and Visitation Valley neighborhood residents yet provide the possibility for reasonable expansion, intensification and/or reconstruction of an existing hostelry use in this area, which use and action would not disrupt the single-family residential character of the surrounding neighborhoods, there shall be a Bayshore-Hester Special Use District, generally located on the northern end of the NC-S-zoned block bounded by Bayshore Boulevard and the loop of Hester Avenue, as designated on Sectional Map 10SU of the Zoning Map. The following provisions shall apply within such special use district:
(a) Purpose and Findings. In addition to the purposes stated in Section 701 of this Code, the following purpose and findings form a basis for special regulations and provide guidance for their application in the Bayshore-Hester Special Use District.
(1) The Bayshore-Hester Special Use District is the northern portion of the block bounded by Bayshore Boulevard and the loop of Hester Avenue. It is completely surrounded by the Little Hollywood, Visitation Valley and Bayview single-family neighborhoods and is bordered on the east by U.S. Highway 101. It is developed with a motel with a coffee shop and a restaurant, which uses have been present thereon for at least 50 years.
(2) The district contains a cluster of one- and two-story buildings devoted to motel and restaurant use. Immediately to the south is a new residential development containing 26 one-family dwellings.
(b) Controls. All of the controls for the NC-S District, as set forth in Section 713 of this Code, shall apply to the Bayshore-Hester Special Use District, except that a Motel or Tourist Hotel shall be permitted as a Conditional Use.
(Added by Ord. 331-97, App. 8/19/97; amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017)
AMENDMENT HISTORY
Division (b) amended; table deleted; Ord. 129-17, Eff. 7/30/2017.
(a) Purposes. In order to (1) preserve and maintain the mix and variety of neighborhood-serving retail sales and personal services of a type that supplies commodities or offers personal services to residents of North Beach and nearby neighborhoods; (2) preserve and maintain the District’s small-scale, fine grain storefronts; (3) protect and encourage upper-story Residential Uses; (4) preserve and enhance the architectural and cultural heritage of North Beach; and (5) preserve the contributions of Legacy Businesses to the history and identity of North Beach, there shall be a North Beach Special Use District applicable to the North Beach Neighborhood Commercial District, as designated on the Sectional Map SU01 of the Zoning Map of the City and County of San Francisco.
(b) Definitions. The following definitions shall apply only to the North Beach Special Use District:
(1) Specialty Food Manufacturing. A Commercial Use that includes the manufacturing and processing of foods on the premises for retail and/or wholesale sales and also provides a customer service counter for sale of such manufactured or processed food directly to the consumer. It may have seating as a minor and incidental use that occupies less than 15% of the Occupied Floor Area of the establishment. It includes, but is not limited to, bakeries, coffee roasters, confectionaries, chocolatiers, makers of homemade ice cream and handmade gelato or sorbet. It shall not provide any alcohol sales for consumption on or off the premises.
(2) Legacy Business. A business as defined under Administrative Code Section 2A.242 and included in the Legacy Business registry.
(3) Historic Buildings. “Historic buildings” shall include Planning Code Article 10 Landmarks and buildings located within Article 10 Historic Districts, buildings and districts identified by surveys adopted by the City, buildings listed or potentially eligible for individual listing on the National or California Registers, and buildings located within listed or potentially eligible National Register or California Register historic districts. The Planning Department shall also consult materials available through the California Historical Resources Information System (CHRIS) and Inventory to determine eligibility.
(c) Controls. The following provisions shall apply within such District:
(1) Restaurants, Limited Restaurants, and Bars. Restaurant, Limited Restaurant, and Bar uses 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.
(2) Alcohol Licenses.
(A) A Restaurant may provide on-site beer, wine, and/or liquor sales for drinking on the premises (with 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, based on information submitted to the Department by the applicant, that the Restaurant is and will continue to operate 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 per Planning Code Section 303(f). 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.
(B) Music Entertainment Facility. A music entertainment facility with a Type 90 ABC license shall be permitted to serve alcoholic beverages in this SUD.
(C) Non-Profit Theaters. A non-profit theater shall be permitted to serve alcoholic beverages in this SUD. A “non-profit theater” shall mean a building or part of a building intended to be used for the specific purposes of presenting any act, play, revue, pantomime, scene, song, dance act, or song and dance act, conducted or participated in by one or more persons, whether or not such person or persons are compensated for such performance, and which is exempted from payment of income tax under Section 23701d of the California Revenue and Taxation Code and Section 501(c)(3) of the Internal Revenue Code of the United States. A “non-profit theater” shall not include any dance hall, as defined in Section 1022.
(3) Storefronts. To preserve and maintain the District’s small-scale, fine grain storefronts, (A) the consolidation or merger of existing retail or commercial spaces or storefronts is prohibited, and (B) Specialty Groceries shall not exceed a Non-Residential Use Size of 1,000 square feet.
(4) Loss of Residential Units. To prevent the loss of existing Residential Units within the district, the removal, demolition, merger, or conversion of Residential Units above the First Story are prohibited.
(5) Specialty Food Manufacturing. Within the North Beach SUD a Specialty Food Manufacturing use, as defined in subsection (b)(1), may only be permitted with a Conditional Use authorization on the Ground Floor or below.
(6) Legacy Business. Unless otherwise prohibited by this Section 780.3, Section 722, or any other section of this Code, any new Non-Residential Use proposed where the immediately prior Commercial Use was a Legacy Business shall require Conditional Use authorization pursuant to Section 303 of this Code.
(7) Architectural and Cultural Heritage of North Beach. Section 101.1 of the Planning Code includes the priority policy that historic buildings be preserved. The architectural and cultural character and features of existing historic buildings shall be preserved and enhanced. The Historic Preservation Commission or its staff shall review any proposed alterations to historic buildings, as defined in subsection 780.3(b)(3), and must determine that such alterations comply with the Secretary of Interior’s Standards for the Treatment of Historic Properties before the City approves any permits to alter such buildings.
(8) Additional Controls: The following additional controls shall apply in the North Beach Special Use District. (1) A Planned Unit Development shall not be permitted; (2) Large-Scale Urban Agriculture uses shall not be permitted; (3) Hours of Operation shall not be permitted from 2 a.m. to 6 a.m.; (4) Unless otherwise prohibited or limited by this Section 780.3, Section 722, or any other section of this Code, active commercial uses, as defined in Planning Code Section 145.4(c), shall be required at the Ground Floor; and (5) A Health Service use, as defined in Section 102 of this Code, shall be prohibited on the ground floor. On the second floor and above, a Health Service use shall require Conditional Use authorization pursuant to Section 303 of this Code.
(9) Conditional Use Authorizations. In addition to the findings required under Section 303 of this Code, for any use or project within the District that is subject to Conditional Use authorization under this Section 780.3, Section 722, or any other section of this Code, the Planning Commission shall find that the proposed project supports the purposes of the North Beach SUD set forth in this Section 780.3.
(Added by Ord. 245-08, File No. 080696; amended by 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. 157-15
, File No. 150681, App. 8/6/2015, Eff. 9/5/2015; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 196-17, File No. 170419, App. 10/5/2017, Eff. 11/4/2017; Ord. 47-18, File No. 171108, App. 3/16/2018, Eff. 4/16/2018; 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. 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; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024)
AMENDMENT HISTORY
[Former] divisions (a) and (b) amended; Ord. 75-12, Eff. 5/23/2012. [Former] division (a) amended; Ord. 56-13, Eff. 4/27/2013. [Former] division (c) added; Ord. 157-15, Eff. 9/5/2015. Undesignated introductory paragraph designated as divisions (a) and (c) and amended; division (b) added; former division (a) redesignated as division (c)(1) and amended; former divisions (b)-(c)(5) deleted; divisions (c)(1)(A)-(D) and (c)(2)-(5) added; Ord. 129-17, Eff. 7/30/2017. Divisions (a) and (b) amended; division (b)(1) designated; divisions (b)(2), (b)(3), and (c)(6)-(9) added; Ord. 196-17, Eff. 11/4/2017. Divisions (c)(1) and (c)(2) amended; Ord. 47-18, Eff. 4/16/2018. Division (c)(2) amended; Ord. 205-19, Eff. 10/12/2019. Divisions (c)(1), (c)(2), and (c)(5) amended; Ord. 63-20, Eff. 5/25/2020. Exception added to division (c)(3); division (c)(9) amended; Ord. 117-20, Eff. 8/31/2020. Division (c)(2) redesignated as divisions (c)(2) and (c)(2)(A); divisions (c)(2)(B)-(c)(2)(B)(iv) added; Ord. 182-20, Eff. 11/2/2020. Divisions (a), (c)(2)(A), and (c)(9) amended; former divisions (c)(2)(B)-(C)(2)(B)(iv) and (c)(3) Exception deleted; new divisions (c)(2)(B)-(C) added; Ord. 249-23, Eff. 1/14/2024.
In order to preserve the potential mix and variety of goods and services provided to the Excelsior, yet provide the possibility for reasonable commercial expansion and intensification which would not disrupt the residential character of the surrounding neighborhoods, there shall be a Mission-Harrington Special Use District, located at 4550 Mission Street, at the intersection with Harrington Street, at Assessor's Block 3148, Lot 1, as designated on the Special Use District Map SU11 of the Zoning Map of the City and County of San Francisco.
(a) Purpose and Findings. In addition to the purposes stated in Section 701 of this Code, the following purposes and findings form a basis for special regulations and provide guidance for their application in the Mission-Harrington Special Use District.
(1) The Mission-Harrington Special Use District is in the north-eastern part of the block bounded by Mission Street, Harrington Street, Norton Street and Alemany Boulevard, in the Excelsior. It is currently developed with a single-story commercial building, and has historically been used as a retail business. The rest of the lots on the same block, on Mission Street, are devoted to commercial uses, with some properties having residential uses above retail. Behind the commercial properties, there is a municipal parking lot; the remaining properties on the block are single family homes.
(2) The lot where the District is located has been underutilized for more than a decade. The Community has partnered with the City on numerous occasions to develop the site, without success.
(3) The District is located on a major transit-corridor and in a vibrant economic corridor. It is further in close proximity to both a 50-X and 65-X Zone Height and Bulk Zone, in an appropriate location for high-density in-fill mixed-use development.
(b) Controls. All of the controls for the NC-3 District, as set forth in Section 712.1 and Table 712 of this Code, shall apply to the Mission-Harrington Special Use District, except as provided below:
Zoning Category No. | Controls |
.10 | Height: 56 feet (56-X) |
§ 207.4 | One unit allowed for every 400 sf of lot area |
.22 | No off-street parking required |
.12 | No rear setback required |
(Added by Ord. 253-08, File No. 080883)
Editor's Note:
This section was originally designated 780.3 when enacted by Ord. 253-08. The section was redesignated by the editor in order to avoid conflicting with previously existing material.
This section was originally designated 780.3 when enacted by Ord. 253-08. The section was redesignated by the editor in order to avoid conflicting with previously existing material.
(a) Purpose. In order to provide, maintain, and strengthen viable neighborhood commercial districts, promote the multiple use of neighborhood commercial areas, protect environmental quality in neighborhood commercial areas, and control the expansion of certain kinds of uses which if uncontrolled may adversely affect the character of certain neighborhood commercial districts, there shall be Neighborhood Commercial Restricted Use Subdistricts. The designations, locations and boundaries of these Neighborhood Commercial Restricted Use Subdistricts shall be as provided in Sections 781.1 through 781.6 and as shown on Sectional Maps of the Zoning Map referred to in Sections 105 and 106 of this Code, subject to the provisions of Sections 105 and 106. The original of the numbered Sectional Maps of the Zoning Map for Restricted Use Subdistricts referred to in Sections 781.1 through 781.6 of this Code is on file with the Clerk of the Board of Supervisors under File No. 115-87-4. In any Neighborhood Commercial Restricted Use Subdistrict the provisions of the applicable use district established by Section 702.1 shall prevail, except as specifically provided in Sections 781.1 through 781.6 respectively, as designated on Sectional Maps of the Zoning Map. The provisions set forth in these Sections shall be applicable to all property, whether public or private, therein.
(Added by Ord. 69-87, App. 3/13/87)
(a) Purpose. In order to preserve the mix and variety of goods and services provided to the Sunset and Parkside neighborhoods and City residents, prevent further proliferation of restaurant uses and prevent further aggravation of parking and traffic congestion in this district, there shall be a Taraval Street Restaurant Subdistrict, generally applicable for the NC-1-zoned portion of Taraval Street located between 40th and 41st Avenues and between 45th and 47th Avenues, and for the Inner Taraval Street Neighborhood Commercial District located between 12th and 19th Avenues, as designated on Sectional Maps SU05 and SU06 of the Zoning Map
.
(b) Controls. The following provisions shall apply within such Subdistrict:
(1) Restaurants and Limited-Restaurants are principally permitted on the First Story and below.
(2) Restaurants and Limited-Restaurants also defined as Formula Retail, as defined in Section 303.1 of this Code, shall not be permitted in this Subdistrict.
(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; 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. 235-14
, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024)
AMENDMENT HISTORY
Section amended in its entirety; Ord. 75-12
, Eff. 5/23/2012. [Former] nondesignated introductory material amended; Ord. 56-13
, Eff. 4/27/2013. Reference amended in [former] division (b); Ord. 235-14
, Eff. 12/26/2014. Undesignated introductory material designated as divisions (a) and (b) and amended; former divisions (a)-(c) redesignated as (b)(1)-(3) and amended; Ord. 129-17, Eff. 7/30/2017. Division (a) amended; Ord. 136-21, Eff. 9/4/2021. Divisions (a) and (b)(1) amended; Ord. 249-23, Eff. 1/14/2024.
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