SEC. 760. FILLMORE STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

   The Fillmore Street Neighborhood Commercial Transit District (“Fillmore Street NCT”) extends along Fillmore Street between Bush and McAllister Streets. Fillmore Street’s dense mixed-use character consists of buildings with residential units above ground-story commercial use. Buildings range in height from one-story commercial buildings to high-rise towers. Fillmore Street and Geary Boulevard are important public transit corridors. The commercial district provides convenience goods and services to the surrounding neighborhoods as well as shopping, cultural, and entertainment uses that attract visitors from near and far.

   The Fillmore Street NCT controls are designed to encourage and promote development that enhances the walkable, mixed-use character of the corridor and surrounding neighborhoods. Rear yard requirements at residential levels preserve open space corridors of interior blocks. Housing development in new buildings is encouraged above the ground story. Existing residential units are protected by limitations on demolition and upper-story conversions. Accessory Dwelling Units are permitted within the district pursuant to Section 207.1 of this Code.

   Consistent with Fillmore Street’s existing mixed-use character, new commercial development is permitted at the ground and second stories. Most neighborhood- and visitor-serving businesses are strongly encouraged. Controls on new Formula Retail uses are consistent with Citywide policy for Neighborhood Commercial Districts. The second story may be used by some retail stores, personal services, and medical, business, and professional offices. Parking and hotels are monitored at all stories. Limits on drive-up facilities and other automobile uses protect the livability within and around the district and promote continuous retail frontage.

 

Table 760. FILLMORE STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE

		Fillmore St. NCT
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 50-X south. 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	P
Rear Yard	§§ 130, 134, 134(a)(e), 136	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.
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 along Fillmore Street from Bush Street to McAllister Street
Vehicular Access Restrictions	§ 155(r)	See Section 155(r)
Miscellaneous
Lot Size (Per Development)	§§ 102, 121.1	P(7)
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, 151.1, 153 - 156, 166, 204.5	Car parking not required. P up to 0.5 spaces per Dwelling Unit; C up to 0.75 spaces per Dwelling Unit; NP above. 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(4)
Single Room Occupancy	§ 102	P
Student Housing	§ 102	P
Residential Uses		Controls By Story
		1st	2nd	3rd+
Residential Uses	§ 102	P(1)	P	P
Accessory Dwelling Unit	§§ 102, 207.1, 207.2	P per Planning Code Sections 207.1 and 207.2.
Dwelling Units, Senior Housing, and Group Housing	§§ 102, 202.2(f), 207, 208	No density limit by lot area. Density restricted by physical envelope controls of height, bulk, setbacks, open space, exposure, required dwelling unit mix, and other applicable controls of this and other Codes, as well as by applicable design guidelines, applicable elements and area plans of the General Plan, and design review by the Planning Department.
Homeless Shelters	§§ 102, 208	Density limits regulated by the Administrative Code
Loss and Division of Dwelling Units		Controls by Story
		1st	2nd	3rd+
Residential Conversion	§ 317	C	NP	NP
Residential Demolition and Merger	§ 317	C	C	C
Division of Dwelling Units	§ 207.8	Division of existing Dwelling Units P per § 207.8

 

Zoning Category	§ References	Controls
NON-RESIDENTIAL STANDARDS AND USES
Development Standards
Floor Area Ratio	§§ 102, 123, 124	3.6 to 1
Use Size	§§ 102, 121.2	P up to 5,999 square feet; C 6,000 square feet and above
Off-Street Parking Requirements	§§ 145.1, 150, 151.1, 153 - 156, 166, 204.5	Car parking not required. Limits set forth in Section 151.1. 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, 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	No limit
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, 142, 156, 187.1, 202.2(b)	C	NP	NP
Automotive Repair	§ 102	C	C	NP
Electric Vehicle Charging Location	§§ 102, 202.2(b), 202.13	C(6)1	C(6)	C(6)
Fleet Charging	§ 102	C	C	C
Parking Garage, Private	§ 102	C	C	C
Parking Lot, Private	§§ 102, 142, 156	C	C	C
Service, Motor Vehicle Tow	§ 102	NP	NP	NP
Service, Parcel Delivery	§ 102	NP	NP	NP
Vehicle Storage Garage	§ 102	NP	NP	NP
Vehicle Storage Lot	§ 102	NP	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
Entertainment, Nighttime	§ 102	P	P	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	P	P
Community Facility	§ 102	P	P	P
Hospital	§ 102	C	C	C
Medical Cannabis Dispensary	§§ 102, 202.2(e)	DR	DR	NP
Public Facilities	§ 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	P
Adult Business	§ 102	C	C	NP
Adult Sex Venue	§ 102	C	C	NP
Animal Hospital	§ 102	P	P	NP
Bar	§§ 102, 202.2(a)	P	P	NP
Cannabis Retail	§§ 102, 202.2(a)	C	C	NP
Flexible Retail	§ 102	P	NP	NP
Gym	§ 102	P	P	NP
Hotel	§ 102	C	C	C
Kennel	§ 102	C	NP	NP
Liquor Store	§ 102	NP	NP	NP
Massage Establishment	§§ 102, 204, 303(n), 703	P	C(5)	NP(5)
Massage, Foot/Chair	§ 102	P	C	NP
Mortuary	§ 102	C	C	C
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	P	NP
Services, Fringe Financial	§ 102	NP(2)	NP(2)	NP(2)
Services, Limited Financial	§ 102	P	P	NP
Services, Personal	§ 102	P	P	NP
Services, Retail Professional	§ 102	P	P	P
Storage, Self	§ 102	C	C	C
Tobacco Paraphernalia Establishment	§ 102	C	NP	NP
Trade Shop	§ 102	P	C	C
Non-Retail Sales and Service*	§ 102	NP	NP	NP
Design Professional	§ 102	P	P	P
Service, Non-Retail Professional	§ 102	C	P	C
Storage, Commercial	§ 102	C	C	C
Trade Office	§ 102	P	P	P
Utility and Infrastructure Use Category
Utility and Infrastructure*	§ 102	C(3)	C(3)	C(3)
Power Plant	§ 102	NP	NP	NP
Public Utilities Yard	§ 102	NP	NP	NP

 

* Not listed below

(1)   C required for ground floor residential use when street frontage is listed in 145.4(b)

(2)   FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD) Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, properties within the Fillmore Street NCD. 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). ’

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

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

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

(6)1    P where existing use is any Automotive Use.

(7)   C for 10,000 square feet and above if located within the Priority Equity Geographies Special Use District established under Section 249.97.

 

(Added by Ord. 228-14 , File No. 120814, App. 11/13/2014, Eff. 12/13/2014; redesignated and amended by Ord. 126-15 , File No. 150081, App. 7/17/2015, Eff. 8/16/2015; 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; redesignated and amended 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. 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. 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. 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. 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

Section redesignated (formerly Sec. 747.1); section header and introductory material amended; Zoning Control Table: 747.91 and 747.92 amended; Ord. 126-15 , Eff. 8/16/2015. Zoning Control Table: former categories 747.36, 747.37, 747.38, and 747.39 deleted, 747.96, 747.97, and 747.98 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 747.91 amended; Specific Provisions: 747.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 747.33A added; Ord. 166-16 , Eff. 9/10/2016. Section redesignated (formerly Section 747); 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; 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; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19 , Eff. 9/9/2019. Zoning Control Table amended; Ord. 205-19, Eff. 10/12/2019. Zoning Control Table and Note (2) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (4) added; Ord. 78-20, Eff. 6/22/2020. Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020.; Ord. 111-21, Eff. 9/4/2021. Zoning Control Table and Notes (2) and (4) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (5) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (5) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (6)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Note (7) added; Ord. 248-23 , 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 “(6)” is referenced as “(5)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(5)” previously had been added to this section by Ord. 233-21.