(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.
Pacific Avenue NCD | ||
Zoning Category | § References | Controls |
BUILDING STANDARDS |
Pacific Avenue NCD | ||
Zoning Category | § References | Controls |
BUILDING STANDARDS | ||
Massing and Setbacks | ||
Height and Bulk Limits. | 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 | Required at Grade level and at each succeeding level or Story: 45% of lot depth, averaging not permitted. | |
Front Setback and Side Yard | 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) | 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 | As permitted by § 607.1 | |
General Advertising Signs | 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 |
Zoning Category | § References | Controls | ||
RESIDENTIAL STANDARDS AND USES | ||||
Development Standards | ||||
Usable Open Space [Per Dwelling Unit] | 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 | ||||
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 | 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 | ||||
Dwelling Units | 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 | Density limits regulated by the Administrative Code | |||
Senior Housing | 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) |
Zoning Category | § References | Controls | ||
NON-RESIDENTIAL STANDARDS AND USES (6) | ||||
Development Standards | ||||
Floor Area Ratio | 1.5 to 1 | |||
Use Size | P up to 1,999 square feet; C 2,000 square feet and above | |||
Off-Street Parking Requirements | ||||
Off-Street Freight Loading | ||||
Commercial Use Characteristics | ||||
Drive-up Facility | § 102 | NP | ||
Formula Retail | 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 | See § 703(b) | |||
Outdoor Activity Area | 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 | NP | NP | NP | |
Agriculture, Large Scale Urban | C | C | C | |
Agriculture, Neighborhood | P | P | P | |
Automotive Use Category | ||||
Automotive Uses* | NP | NP | NP | |
Automotive Repair | § 102 | C | NP | NP |
Electric Vehicle Charging Location | 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 | C | NP | NP | |
Parking Lot, Public | 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 | NP | NP | NP | |
Institutional Use Category | ||||
Institutional Uses* | NP | NP | NP | |
Child Care Facility | § 102 | P | P | P |
Community Facility | § 102 | C | C | C |
Medical Cannabis Dispensary | 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* | P | C | NP | |
Adult Business | § 102 | NP | NP | NP |
Adult Sex Venue | § 102 | NP | NP | NP |
Animal Hospital | § 102 | C | C | NP |
Bar | NP | NP | NP | |
Cannabis Retail | C | C | NP | |
Flexible Retail | NP | NP | NP | |
Hotel | § 102 | NP | NP | NP |
Kennel | § 102 | NP | NP | NP |
Liquor Store | § 102 | NP | NP | NP |
Massage Establishment | NP(8) | C(8) | NP(8) | |
Massage, Foot/Chair | § 102 | NP | NP | NP |
Mortuary | § 102 | NP | NP | NP |
Motel | NP | NP | NP | |
Restaurant | P | P | NP | |
Restaurant, Limited | 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 |
Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, the Pacific Avenue Neighborhood Commercial District. |
(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. |
(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.