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November 3, 2020

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H
Neighborhood Commercial Districts and City Permitting

Shall the City change the Planning Code for neighborhood commercial districts to increase permissible uses, eliminate public notification processes for new permitted uses, and require an expedited process for permits?

Digest by the Ballot Simplification Committee

The Way It Is Now: A Neighborhood Commercial District is typically a commercial corridor located outside of San Francisco’s downtown area, with commercial uses on the ground floor and other uses on upper floors.

The City Planning Code sets forth uses permitted in residential, commercial, or industrial-zoned districts. Each zoning district use may either be permitted, conditionally permitted or not permitted. Conditionally permitted uses require extensive review and approval by the Planning Commission.

To open a new business in San Francisco, a business owner may need permits from several City agencies, such as the Department of Building Inspection for construction or remodeling and the Department of Public Health for the sale of food.

A person who applies for building permits to change the use of property in certain districts must notify neighbors of the proposed change. The notices must be posted for 30 days, during which the City may not issue permits and members of the public may ask for a review by the Planning Commission.

The Proposal: Proposition H would change the Planning Code for Neighborhood Commercial Districts to:

• Increase the types of permitted and conditionally permitted uses to include arts activities, community facilities, social services and restaurants;

• Expand the use of outdoor areas in certain businesses;

• Eliminate the public notification process for people who want to start a permitted use;

• Require an expedited approval and inspection process for permits; and

• Allow restaurants to provide workspace to the public on days when the restaurant is open.

In addition, Proposition H would make certain Planning Code changes citywide to temporarily allow retail uses within bars and entertainment venues for up to four years.

A "YES" Vote Means: If you vote "yes," you want to change the City Planning Code for Neighborhood Commercial Districts to increase permissible uses, eliminate public notification processes for new permitted uses, and require an expedited process for permits.

A "NO" Vote Means: If you vote "no," you do not want to make these changes.

Controller's Statement on "H"

City Controller Ben Rosenfield has issued the following statement on the fiscal impact of Proposition H:

Should the proposed initiative ordinance be approved by the voters, in my opinion, it would minimally to moderately increase the City’s costs to review, approve, and inspect the small business uses targeted by this ordinance. 

This ordinance would require coordination and streamlining of the City review of permits for establishment, modification, and/or operation of storefront commercial use in the City’s designated neighborhood commercial districts and neighborhood commercial transit districts and for the review to be completed within 30 days. Fees for additional reviews required due to City errors would be waived. The ordinance also updates and expands zoning laws in order to support certain small businesses.

To the extent this legislation would require more intensive coordination and activity at the front-end of the permit review process for these specific uses, the City likely would incur minimal to moderate increased staffing needs in the permitting departments in order to develop the new coordinated process, to provide the required pre-inspections, and to implement the shorter review deadline on an ongoing basis. At the same time, the extent to which new processes successfully shorten the overall length of time for permitting, conditional use applications decrease, and public notification requirements are reduced, the City may save staffing time and costs. The potential loss of revenues from the waiver of subsequent fees due to City error would likely be minimal. If the initiative is successfully implemented, any increased business activity in the City’s neighborhood commercial areas may contribute minimally to the receipt of higher business taxes in future years.

How "H" Got on the Ballot

On June 16, 2020, the Department of Elections received a proposed ordinance signed by Mayor Breed.

The Municipal Elections Code allows the Mayor to place an ordinance on the ballot in this manner.

This measure requires 50%+1 affirmative votes to pass.

The above statement is an impartial analysis of this measure. Some of the words used in the ballot digest are explained in Words you need to know >.
Proponent’s Argument in Favor of Proposition H

Vote Yes on Proposition H to Save Our Small Businesses!

The coronavirus pandemic has dealt our small businesses a crushing blow. Restaurants, salons and retail shops that depend on in-person customers are struggling to survive.

More than 300 of our city's restaurants have closed permanently, and it's possible over 1,700 more could close down by the end of the year. Since February, nearly 200,000 San Franciscans have filed for unemployment. As we face perhaps the worst recession in generations, we must do everything we can to keep small businesses open and people employed.

We must act now to ensure our small businesses and merchant corridors aren't boarded up and vacant for years to come.

Proposition H will help existing small businesses adapt during the pandemic to keep their shops open and employees on the job. By cutting the red tape and streamlining the lengthy permitting process, Prop H will help new neighborhood businesses open and create jobs as we emerge from the pandemic.

Proposition H:

• Allows more outdoor operations on sidewalks and in parklets to help businesses adapt to the crisis we're facing.

• Allows cafes and restaurants to include workspaces, creating an additional revenue source that can help prevent permanent closures.

• Supports new arts and nonprofit uses, filling vacancies and keeping our commercial corridors vibrant and activated.

• Streamlines the permitting process from a year to a month, cutting thousands of dollars in overhead costs for new merchants.

Let's support our small business owners and their employees by fixing our broken permitting process and keep our unique merchant corridors vibrant and thriving for all of us.

Let's save our small businesses. Vote Yes on Prop H.

www.SFSmallBusiness.com

Mayor London Breed

San Francisco Council of District Merchants

Golden Gate Restaurant Association

Small Business Commission President Sharky Laguana*

Small Business Commission Vice President Miriam Zouzounis*

Small Business Commissioner Manny Yekutiel*

*For identification purposes only; author is signing as an individual and not on behalf of an organization.

Arguments are the opinions of the authors and have not been checked for accuracy by any official agency. Arguments are published as submitted. Spelling and grammatical errors have not been corrected.
Rebuttal to Proponent’s Argument in Favor of Proposition H

Please vote NO on Proposition H.

The proponents claim that restaurants, salons, and retail shops are struggling to survive and that Proposition H will save our small businesses. Of course there are unprecedented challenges for all of us, including restaurants, other small businesses, and people filing for unemployment, but we shouldn't have to choose between supporting small businesses and good city planning.

We don't want our small businesses and merchant corridors boarded up and vacant for years to come. We want, and need, thoughtful land use controls in those districts that are tailored to the needs of each neighborhood. The Neighborhood Commercial Rezoning Study brought neighborhood and small business interests together to do just that more than 30 years ago.

Changing the Planning Code should be done with public and stakeholder input at the Planning Commission and the Board of Supervisors, not as a ballot measure. We can help existing small businesses adapt by cutting red tape and streamlining the lengthy permitting process, and we can do it through the legislative process at City Hall. 

It is curious that the proponents include no member of the Board of Supervisors and no neighborhood organization. It's important to develop consensus on important matters like city planning, so we should work together to get this done with proper public scrutiny.

Please vote NO on Proposition H. Thank you. 

David Pilpel

Arguments are the opinions of the authors and have not been checked for accuracy by any official agency. Arguments are published as submitted. Spelling and grammatical errors have not been corrected.
Opponent's Argument Against Proposition H

Please vote NO on Proposition H.

Proposition H is a terribly complicated ordinance that changes land use controls and City permits. This ordinance was not presented to the Board of Supervisors through the regular legislative process, and it was not subject to hearings at the Planning Commission or the Small Business Commission. In my opinion, it is exactly the type of measure that should be handled at City Hall and not by the voters. I respectfully suggest that Proposition H is not the solution that we need at this time.

Neighborhood Commercial District zoning controls were developed more than 30 years ago and have been adjusted carefully over time to address neighborhood and small business concerns on a case-by-case basis. Here, there has been no neighborhood or small business input in developing Proposition H that I know of, which is unusual for complex land use controls, and it would be difficult to amend the various City code sections that are affected for the next three years, even if developers, neighbors, planners, or City policymakers want or need to. 

While the basic idea of making it easier for small businesses in neighborhood corridors is a good one, that can be implemented through the regular legislative process at City Hall, with careful consideration of meaningful public comment and useful stakeholder input.

Please vote NO on Proposition H. Thank you. 

David Pilpel

Arguments are the opinions of the authors and have not been checked for accuracy by any official agency. Arguments are published as submitted. Spelling and grammatical errors have not been corrected.
Rebuttal to Opponent’s Argument Against Proposition H

Taking Action Together to Save Our Small Businesses. Vote Yes on Prop H.

By supporting Proposition H we take action RIGHT NOW to help our small businesses who are closing at record numbers during this pandemic. More than 300 of our city's restaurants have closed permanently, and more than 1,700 more could close by December 2020. We've all seen the boarded up windows and 'for rent' signs in our merchant corridors, threatening both the vibrancy of our neighborhoods, and the livelihoods of business owners and employees.

Our small businesses cannot wait for the Board of Supervisors to pass legislation that should have been passed years ago. While the pandemic has devastated our small businesses, the bureaucracy and red tape they faced before COVID has made it extremely difficult to operate in San Francisco.

Proposition H is the result of a collaborative process with the City's Small Business Commission and outreach to our small businesses, finally fixing our broken permitting system. Proposition H will support our small businesses that are hanging on by a thread by allowing them to adapt to the current crisis, and cutting red tape and the year-long permitting process down to 30 days for new businesses. 

We urge you to take action right now to help our small businesses by voting Yes on Proposition H.

www.SFSmallBusiness.com

Mayor London Breed

San Francisco Council of District Merchants

Golden Gate Restaurant Association

Coalition for San Francisco Neighborhoods

Small Business Commission President Sharky Laguana*

Small Business Commission Vice President Miriam Zouzounis*

Small Business Commissioner Manny Yekutiel*

*For identification purposes only; author is signing as an individual and not on behalf of an organization.

Arguments are the opinions of the authors and have not been checked for accuracy by any official agency. Arguments are published as submitted. Spelling and grammatical errors have not been corrected.
Paid Arguments in Favor of Proposition H

Paid Argument IN FAVOR of Proposition H

Vote YES on Proposition H

The “Save Our Small Businesses Initiative” will bring greatly needed changes to the city's convoluted permitting and planning processes that will speed up and reduce the cost of opening and modernizing neighborhood businesses. For too long, the processes have discouraged countless small businesses from opening in the city.

San Francisco Republican Party

John Dennis, Chairman

Delegates:

17th Assembly District: Cale Garverick, Krista Garverick, Lisa Remmer, Joseph C. Roberts

19th Assembly District: Edward Bate, Howard Epstein, Stephanie Jeong, Joan Leone

The true source(s) of funds for the printing fee of this argument: San Francisco Republican Party.

The three largest contributors to the true source recipient committee: 1. Maurice Kanbar, 2. San Francisco Assoc. of Realtors, 3. Friends of John Dennis for Congress 2020.

Paid Argument IN FAVOR of Proposition H

Asian American Businesses Need Our Support

Given COVID-19’s impact on the very foundations of business operations, our many small businesses are struggling. Additionally, the racist tropes utilized by those who would seek to divide and attack have created new stigmas and hatred aimed at our community and our institutions. Our neighborhood small businesses need support.

So far, more than 300 restaurants have closed permanently, and according to the Golden Gate Restaurant Association half of San Francisco’s restaurants are expected to close by the end of the year. More than 1,700 restaurants that existed in March might not be here in December. 

We are pleased to support Proposition H, the Save Our Small Businesses measure, which will alleviate some of the obstacles to businesses struggling to stay open and help streamline and cut costs for those who seek to open in the future. 

Please join us in supporting H.

Edwin M. Lee Asian Pacific Democratic Club

Assemblymember David Chiu

Assemblymember Phil Ting

Board of Education Member Jenny Lam

The true source(s) of funds for the printing fee of this argument: Yes on H, Save Our Small Businesses.

The sole contributor to the true source recipient committee: Chris Larsen.

Paid Argument IN FAVOR of Proposition H

Support Black-Owned Businesses

In this time of racial reckoning, many have appropriately advocated to prioritize spending money in Black-owned small businesses. It is critical that we keep our community institutions strong. We must also have their backs as they deal with the operational difficulties due to the COVID-19 pandemic.

Small businesses can also be supported through the passage of Proposition H. Neighborhood commercial areas like those around Third Street in the Bayview Neighborhood, San Bruno Avenue in Portola, Divisadero Street, and Fillmore & Geary Streets in the Western Addition, among others throughout the City, will be modernized. The Save Our Small Businesses Measure will help streamline the bureaucratic challenges our small businesses and nonprofits face and allow them more flexibility to adapt as they struggle to survive during this pandemic and beyond.

Please join us in Voting Yes on H.

Board of Equalization Member Malia Cohen

Supervisor Shamann Walton

City College Trustee Alex Randolph

Willie B. Kennedy Democratic Club

Black Women Organized for Political Action

Bayard Rustin LGBTQ Coalition

The true source(s) of funds for the printing fee of this argument: Yes on H, Save Our Small Businesses.

The sole contributor to the true source recipient committee: Chris Larsen.

Paid Argument IN FAVOR of Proposition H

LGBTQ Leaders Support Proposition H

Our community is resilient. When faced with barriers to survival and growth, we know how to come together, support each other and thrive. Many of our neighborhood institutions and small businesses are suffering through the COVID-19 pandemic, but we can provide real support by passing Prop H. By streamlining the onerous permitting process and reducing the time and it takes to get a permit will help support our existing and new businesses in commercial areas, like those around Castro Street, Polk Street, 24th Street, Folsom Street, among others throughout the City, This will allow new businesses to open up more quickly while lowering their costs, and existing businesses will have more opportunities to update their operations and diversify their services. We ask you to join us all in supporting Proposition H.

Senator Scott Wiener

Supervisor Rafael Mandelman

BART Director Janice Li*

City College Trustee Alex Randolph

City College Trustee Tom Temprano

Democratic Party Chair David Campos

Alice B. Toklas LGBT Democratic Club

*For identification purposes only; author is signing as an individual and not on behalf of an organization. 

The true source(s) of funds for the printing fee of this argument: Yes on H, Save Our Small Businesses.

The sole contributor to the true source recipient committee: Chris Larsen.

Paid Argument IN FAVOR of Proposition H

Economic Recovery through Proposition H

Even before the COVID-19 pandemic, San Francisco’s small business community already had a difficult time starting up and being successful. One way we can help Save Our Small Businesses is through the streamlining bureaucracy in the permitting and inspection process, speed up the review process, and modernize systems at City Hall. Proposition H will help see the City through its economic recovery by assisting the businesses that are the backbone of our neighborhoods. Please Vote Yes on Proposition H.

San Francisco Chamber of Commerce

The true source(s) of funds for the printing fee of this argument: Yes on H, Save Our Small Businesses.

The sole contributor to the true source recipient committee: Chris Larsen.

Paid Argument IN FAVOR of Proposition H

San Francisco Democrats Support Our Small Businesses and Nonprofits

San Francisco small businesses and non-profit organizations are symbols of international pride. San Franciscans think globally through acting locally everyday in our ongoing fight to make the world a better place. But our small neighborhood businesses and nonprofits have been devastated by this pandemic.

Proposition H, the Save our Small Businesses Measure, is a package of common-sense emergency reforms – many of them talked about for years – that will help soften the devastation that the coronavirus pandemic has wrought on our City’s small businesses, their owners and employees, and our local economy. The measure will remove bureaucratic barriers so that we can help support our City’s unique neighborhood businesses and maintain the character of our neighborhoods.

San Francisco Democratic Party

The true source(s) of funds for the printing fee of this argument: Yes on H, Save Our Small Businesses.

The sole contributor to the true source recipient committee: Chris Larsen.

Paid Argument IN FAVOR of Proposition H

Neighborhood Restaurants and Bars Support Proposition H

Proposition H will create concrete policy changes to fix outdated zoning rules and streamline the permitting process. We need to make it easier and less expensive for restaurants and bars to operate, especially as they comply with social distancing and other health requirements.

As COVID-19 continues to impact the industry, more restaurants and bars will need to transition to outdoor dining options, utilizing Parklets, and operating in spaces in the rear of their building. Restaurants and bars are looking for ways to stay afloat and adapt to make their businesses safer for everyone, and the Save Our Small Businesses measure will provide the much-needed regulatory changes to help businesses get through this and come out even stronger than before. Vote Yes on H.

Golden Gate Restaurant Association

Ben Bleiman, SF Bar Owners Alliance

Steven Lee, Entertainment Commissioner*

*For identification purposes only; author is signing as an individual and not on behalf of an organization.

The true source(s) of funds for the printing fee of this argument: Yes on H, Save Our Small Businesses.

The sole contributor to the true source recipient committee: Chris Larsen.

Paid Argument IN FAVOR of Proposition H

Latinx Community Supports Proposition H

Small businesses employ more than 350,000 workers in San Francisco. New arrivals and immigrants often begin their orientation into our City through the local neighborhood merchants and non-profits that will help them with a path forward to the future. Our cultural and economic institutions have survived in the City for generations. Now more than ever they need our support during this difficult time.

Proposition H will create new opportunities for family businesses to open and survive through streamlining the operational, cutting costs and permitting time at City Hall. Join us in a Vote Yes on Proposition H.

San Francisco Democratic Party Chair David Campos

Roberto Hernandez, Our Mission No Eviction

Greg Flores

The true source(s) of funds for the printing fee of this argument: Yes on H, Save Our Small Businesses.

The sole contributor to the true source recipient committee: Chris Larsen.

Paid Argument IN FAVOR of Proposition H

Save Our Women-Led Small Businesses

Thirty percent of small businesses in California are women-owned. In addition to the odds against success for all small businesses, women face added barriers in accessing financing. The average size loan for women-owned businesses is 31 percent less than for male-owned businesses, increasing the reliance of financing business operations through credit card debt. Proposition H will transform local small business operations at City Hall so that the City’s women-owned businesses can better survive and thrive in a time of unprecedented economic downturn. Join us in supporting Proposition H.

San Francisco Women's Political Committee

Sophia Andary, Commissioner - Commission on the Status of Women*

Julie D. Soo, Commissioner - Commission on the Status of Women*

*For identification purposes only; author is signing as an individual and not on behalf of an organization.

The true source(s) of funds for the printing fee of this argument: Yes on H, Save Our Small Businesses.

The sole contributor to the true source recipient committee: Chris Larsen.

Paid Argument IN FAVOR of Proposition H

Vote Yes on H for SF Nightlife

Bars and nightclubs can be the economic drivers that help the city's commercial corridors recover. Proposition H will help new businesses open faster and allow existing businesses to adapt their models to survive by removing onerous barriers, adding flexibility, and streamlining the permitting process. It will make a huge impact on the vibrancy of our beloved neighborhoods and offer a much needed lifeline to our arts and entertainment industries. With straightforward changes to zoning designations, we can foster an atmosphere where musicians and performers bring life back to our commercial corridors and where we can welcome a renaissance in the city. Join us in supporting Proposition H.

Ben Bleiman, Entertainment Commission President*

Cyn Wang, Entertainment Commissioner*

Steven Lee, Entertainment Commissioner*

*For identification purposes only; author is signing as an individual and not on behalf of an organization.

The true source(s) of funds for the printing fee of this argument: Yes on H, Save Our Small Businesses.

The sole contributor to the true source recipient committee: Chris Larsen.

Paid Argument IN FAVOR of Proposition H

The threat of COVID-19 and the government's response to it has left many people in our community unable to earn a living through traditional means. Small businesses, their workers, and those they serve are struggling. These trying times demand that local businesses have the freedom to adapt quickly. 

Prop H aims to provide just that, by streamlining certain government permitting procedures and allowing businesses the flexibility to find new ways to thrive while meeting our needs. Voters should not hesitate to support Prop H. Indeed, we should be asking ourselves why the City hasn't been doing this by default. 

Vote YES on Prop H. 

Libertarian Party of San Francisco

www.lpsf.org 

The true source(s) of funds for the printing fee of this argument: Libertarian Party of San Francisco.

The three largest contributors to the true source recipient committee: 1. Scott Banister, 2. David Jeffries, 3. Tim Carico.

End of Paid Arguments IN FAVOR of Proposition H

Arguments are the opinions of the authors and have not been checked for accuracy by any official agency. Arguments are published as submitted. Spelling and grammatical errors have not been corrected.
Paid Arguments Against Proposition H

No Paid Arguments AGAINST Proposition H Were Submitted

Arguments are the opinions of the authors and have not been checked for accuracy by any official agency. Arguments are published as submitted. Spelling and grammatical errors have not been corrected.
Legal Text

Ordinance amending the Planning Code and the Business and Tax Regulations Code to adopt and implement the Save our Small Businesses Initiative to simplify procedures and allow greater flexibility for certain kinds of businesses by 1) coordinating and streamlining City review and inspection procedures for principally permitted storefront uses in Neighborhood Commercial and Neighborhood Commercial Transit districts; 2) allowing eating and drinking uses in Neighborhood Commercial and Neighborhood Commercial Districts to offer workspaces; 3) expanding principally and conditionally permitted uses in Neighborhood Commercial and Neighborhood Commercial Transit districts; 4) removing neighborhood notice requirements for principally permitted uses in Neighborhood Commercial and Neighborhood Commercial Transit districts and limited commercial and limited corner commercial uses; 5) broadening the definition of a Bona Fide Eating Place and Social Service or Philanthropic Facility; 6) permitting temporary “pop-up” retail activities in vacant commercial storefronts; 7) allowing certain outdoor activity areas on the ground level; 8) allowing temporary uses in certain bars and entertainment venues; 9) removing certain buffer requirements near NC-1 Districts, limited commercial uses and limited corner commercial uses; 10) adopting a policy to allow use of parklets for certain kinds of restaurant service; 11) coordinating permit processing and providing waiver of additional fees in specified cases of City department error; and 12) allowing certain amendments to the Initiative.

NOTE: Unchanged Code text and uncodified text are in plain font.

Additions to Codes are in single-underline italics Times New Roman font.

Deletions to Codes are in strikethrough italics Times New Roman font.

Asterisks (*   *   *   *) indicate the omission of unchanged Code subsections or parts of tables.

Be it ordained by the People of the City and County of San Francisco:

SECTION 1.  FINDINGS.

This Measure shall be known as the Save Our Small Businesses Initiative.  

San Francisco’s small businesses help make San Francisco the city that we all love, contributing to our culture, our economy, and the vitality of our neighborhoods. Retail storefronts are the building blocks of neighborhood vitality, encouraging people to stroll through San Francisco’s streets and engage with their community.

But small businesses, and particularly those small businesses along retail corridors, have been struggling for years with increased competition from online retailers, changing consumer demands, and an onerous permitting process. Coupled with San Francisco’s high cost of doing business and high commercial rents, our commercial corridors are struggling.  

The voters recognized this struggle in passing Proposition D in March 2020, establishing a tax on vacant commercial storefronts to help incentivize lower rents, and in doing so, support new and existing small businesses.  This tax has now been delayed given the COVID-19 pandemic.

San Francisco residents and visitors have an interest in preserving the vitality of commercial corridors in these districts. Vacant storefronts in otherwise vibrant neighborhood commercial districts degrade the urban environment and contribute toward blight, particularly when storefronts stay empty for extended periods of time. Further, the resulting blight negatively impacts other small businesses in the area by discouraging foot traffic and eroding the character and uniqueness of San Francisco’s diverse commercial corridors.

Similarly, many of San Francisco’s community-serving organizations and nonprofits which provide essential services for all San Franciscans, have found it increasingly difficult to stay in San Francisco, burdened by high rents and a high cost of doing business. Many of these organizations have been forced to relocate out of San Francisco or cease operations entirely. 

In recent years, businesses have responded to these challenges by experimenting with new strategies to survive. For example, retailers are exploring serving food and drinks, offering classes or events, and other unique models of operation. Yet often, as these businesses try to adapt to changing consumer demands, they run up against outdated zoning rules drafted decades ago.

Consistent with national trends toward increased spending on dining, services, and other experiences, restaurant, entertainment, and personal services uses are increasingly driving demand for ground floor space in San Francisco neighborhoods. Supporting these uses can help all businesses along a business corridor, as they attract foot traffic and increased consumer spending.

In addition to zoning restrictions, San Francisco’s bureaucracy often takes months to approve new small business uses.  According to a 2019 report that analyzed commercial vacancies in the Upper Market and Castro area, building permit applications for commercial uses took an average of 172 days to be issued. This lengthy approval processes makes it more difficult for small and medium sized businesses to open in otherwise vacant spaces as they are often required to pay rent, without any income, while they await City approval. For example, businesses must provide neighborhood notice when changing from one use to another, even if the new use is permitted by the zoning. This process can take 4 to 6 months, leaving a business to pay rent without any income.  

The same report found that conditional use authorizations in certain districts between 2015 and 2017 took an average of 332 days to be approved. When combined with obtaining a building permit and approval for construction work, the entire process can take over one and a half years before a storefront is able to open. These spaces often sit vacant during this timeframe, saddling new businesses with significant rent costs without income to cover those costs.

What was already a challenging landscape for small businesses in San Francisco has been significantly worsened by the COVID-19 pandemic.  Nationally, according to a March 2020 survey, 75% of all small and medium businesses report that COVID-19 is significantly hurting their businesses. In San Francisco, COVID-19 has had a devastating impact on San Francisco’s economy. Recent unemployment data suggests that as many as one in six San Franciscans are unemployed. Many business sectors have been hit hard, including leisure and hospitality, which saw a 53% decline in employment; retail, which saw a 23% decline in employment; and nonprofits, which saw a 35% decline in employment.  

The California Restaurant Association estimates that the COVID-19 pandemic could lead to the permanent closure of 30% of restaurants statewide. The numbers here in San Francisco are even more staggering.  According to the Golden Gate Restaurant Association, up to 50% of restaurants in San Francisco could close permanently due to the economic impacts of COVID-19.  Between March 2020 and May 2020, San Francisco restaurant sales have decreased by as much as 95%. 

COVID-19 is also forcing restaurants and other businesses to decrease capacity when they do reopen, leading many businesses to utilize outdoor space on their premises.  Despite the increased need for businesses to use outdoor spaces like rear and side patios for socially-distanced activities, the process to authorize those uses in San Francisco’s neighborhood commercial districts is lengthy and complicated—even if the space will be used in a limited manner that is clearly compatible with other surrounding uses.

The purpose of this measure is to make it easier for small businesses and community-serving organizations to open and operate in San Francisco by streamlining and simplifying permit application processes and updating outdated zoning laws.  The policy changes in the measure respond both to the underlying issues that make it difficult to open a small business in San Francisco and the exacerbation of these issues caused by the COVID-19 pandemic.

SECTION 2.  BUSINESS AND TAX REGULATIONS CODE AMENDMENTS.

Article 1 of the Business and Tax Regulations Code is hereby amended by adding Section 32, to read as follows:

SEC. 32.  Coordinated and Streamlined City Review of the Establishment, Modification, and/or Operation of a Commercial Use that is Principally Permitted in a Neighborhood Commercial or Neighborhood Commercial Transit District; Expedited Process and Waiver of Additional Fees Where Department Error Requires Additional Processing. 

(a) General Requirement.  City departments that are responsible for reviewing permit applications for the establishment, modification, and/or operation of a storefront commercial use that is principally permitted in a Neighborhood Commercial District or Neighborhood Commercial Transit District shall develop a process for the coordinated and streamlined review of those permit applications, with timely responses from applicants, and any inspections required in connection with the applications in order to (1) ensure that San Francisco’s commercial corridors remain thriving, (2) support existing businesses in adapting their business models in a changing economic environment, (3) improve access for business owners from all backgrounds to successfully open their business in San Francisco, and (4) protect the City’s tax base.  

(b)  Deadline for Implementation of Coordinated and Simplified Review Process.  The City departments subject to this Section 32 include, but are not limited to, the Planning Department, Department of Building Inspection, Fire Department, Department of Public Works, and Health Department.  No later than 30 days from the effective date of this Section 32, the subject City departments shall implement a coordinated and simplified process for the review of all applications for storefront commercial uses that are principally permitted in the district, and shall periodically review and update the process.  

(c)  Concurrent Review of Complete Permit Applications.  Relevant departments shall perform a concurrent review of the permit application, when such review would reduce the length of the permit review process, provided the applicant submits a complete and accurate application.  To the maximum extent feasible, this review shall be completed within 30 days of the date a complete application is submitted.  If this review is not or cannot be completed within 30 days, the reason or reasons therefor shall be provided to the applicant, explaining why a decision could not be made on the permit application, the necessary steps to complete review, and the time needed to finalize review after receiving any additional information necessary to complete such review.

(d)  Pre-Approval Inspections.  If inspection of the proposed use is required before operation may begin, the inspection shall be limited to compliance with the items on an adopted checklist of objective threshold requirements for business operation.  To the maximum extent feasible, the City departments involved shall coordinate their inspections and schedule them within two weeks of a request.  Notwithstanding any other provision of the Municipal Code, an applicant may submit an inspection report by a qualified entity as determined and authorized by the head of the reviewing Department. 

(e)  Conditional Approvals.  Where only minor corrective action is required before the proposed use may operate, a reviewing City department shall grant conditional approval so long as the Director of the department has found that no substantial hazard will result from operation of the use, or portion thereof.  If the minor corrective action is not completed within a reasonable amount of time, as determined by the Director of the department, the failure to perform the corrective action shall be deemed a code violation which may be abated pursuant to the requirements of the applicable code. 

(f)  Expedited Process and Waiver of Additional Fees Where Department Error Results in Additional Review.  Where a reviewing City department has made a significant error late in the application process in interpreting code requirements or determining the approvals required, and the error affects the timeliness of the City’s review, as determined by the Director of the involved department, the department shall expedite the additional review.  In addition, notwithstanding any other provision of the Municipal Code, said department shall waive any fees applicable to the additional review.  If the applicant or agent submits false or misleading information, no fee waiver shall apply.

SECTION 3.  PLANNING CODE AMENDMENTS.

The Planning Code is hereby amended by revising Sections 102, 145.4, 186, 202.2, 205.1, 231, and 703, and adding Sections 183.1 and 205.6, to read as follows:

SEC. 102.  DEFINITIONS.

*   *   *   *  

Bona Fide Eating Place.  A place that is regularly and in a bona fide manner used and kept open for the service of meals to guests for compensation and that has suitable kitchen facilities connected therewith, containing conveniences for cooking of an assortment of foods that may be required for ordinary meals.

*   *   *   *  

(e)  The establishment must secure significant revenue from food and non-alcoholic beverage sales.  Significant revenue from food and non-alcoholic beverage sales shall mean either:

(1)  A minimum of 51% percent of the restaurant’s establishment’s gross receipts shall be from food and non-alcoholic beverage sales prepared and sold to guests on the premises.  Records of the restaurant’s establishment’s gross receipts shall be provided to the Department upon request.; or

(2)  Annual gross food and non-alcoholic beverage sales prepared and sold to guests on the premises of at least $4,200 per occupant based on the premises’ maximum occupant load as determined and approved by the Fire Department and Department of Building Inspection.  Records of the establishment’s gross sales shall be provided to the Department upon request.  The Zoning Administrator may adjust the amount of $4,200 per occupant each year, provided that such adjustments are supported by specific financial and economic criteria, including but not limited to a review of the restaurant market, costs, prices, profits, and loses, and recognizing the differences in sizes and types of establishments.

*   *   *   *  

Retail Workspace.  A Retail Sales and Service Use open to the general public that provides space to work that is made available on a daily or hourly basis.  Such use is only permitted as a principal use in conjunction with the concurrent operation of a principally or conditionally permitted Eating and Drinking Use, which Eating and Drinking Use shall (a) occupy no less than one-third of the gross floor area of the premises and (b) face the street.  A Retail Workspace may provide services to the business community along with services to the general public.  If the Retail Workspace exclusively provides services to the business community, it shall be considered a General Office Use as defined in the Planning Code.

*   *   *   * 

Social Service or Philanthropic Facility.  An Institutional Community Use providing assistance that provides programs and/or services of a charitable or public service nature, and not of a profit-making or commercial nature, including but not limited to arts, education, financial or housing assistance, training, and advocacy.  In addition to providing their services on site, such uses may also conduct their administrative activities on site as a Principal Use.

*   *   *   *  

SEC. 145.4  REQUIRED GROUND FLOOR COMMERCIAL USES. 

(a)  Purpose.  To support active, pedestrian-oriented commercial uses on important commercial streets. 

*   *   *   *   

Reference for Commercial, Neighborhood Commercial, and Residential Commercial Districts

Reference for Mixed Use Districts

Use

*   *   *   *

*   *   *   *

*   *   *   *

102

N/A

Arts Activities

*   *   *   *

*   *   *   *

*   *   *   *

102

890.64

Movie Theater

*   *   *   *

*   *   *   *

*   *   *   *

*   *   *   *

SEC. 183.1.  PERMITTED, NON-CONFORMING, AND CONDITIONALLY PERMITTED USES:  TEMPORARY USES.

Any permitted, non-conforming, or conditionally permitted use may be changed to a temporary use without abandoning its original status or authorization as a permitted, non-conforming or conditionally permitted use under Planning Code Article 1.7, provided that such temporary use is permitted and has been authorized as required by any applicable law.  

SEC. 186.  EXEMPTION OF LIMITED COMMERCIAL AND INDUSTRIAL NONCONFORMING USES IN RH, RM, RTO, AND RED DISTRICTS.

*   *   *   * 

(a)  Exemption from Termination Provisions.  The following nonconforming uses in R Districts shall be exempt from the termination provisions of Section 185, provided such uses comply with all the conditions specified in subsection (b) below:

(1)  Any nonconforming use at any Story in an RTO, RH, or RM District which is located more than one-quarter of one mile from the nearest Named Neighborhood Commercial District described in Article 7 of this Code or any of the Restricted Use Subdistricts specified in subsection (a)(3) below, and which complies with the use limitations specified for the First Story and below of an NC-1 District, as set forth in Section 710 of this Code.

(2)  Any nonconforming use in an RTO, RH, or RM District which is located within one-quarter of one mile from any Named Neighborhood Commercial District or any of the Restricted Use Subdistricts specified in subsection (a)(3) below and which complies with the most restrictive use limitations specified for the First Story and below of:

(A)  an NC-1 District, as set forth in Section 710 of this Code;

(B)  the nearest Named Neighborhood Commercial District within one-quarter of one mile of the use, as set forth in Sections 714 through 748 and 753 through 764of this Code; or

(CB)  Any of the specified Restricted Use Subdistricts specified in subsection (a)(3) below.

(3)  Subsections (a)(1) and (a)(2) above apply to the following Restricted Use Subdistricts:  the Geary Boulevard Formula Retail Pet Supply Store and Formula Retail Eating and Drinking Subdistrict set forth in Section 781.4 of this Code; the North Beach Financial Service, Limited Financial Service, and Business or Professional Service Subdistrict set forth in Section 781.6 of this Code; the Lower Polk Street Alcohol Restricted Use District set forth in Section 788 of this Code; and the Third Street Formula Retail Restricted Use District set forth in Section 786 of this Code; and the Mission Street Formula Retail Restaurant Subdistrict as set forth in Section 781.5 of this Code.

*   *   *   *

SEC. 202.2.  LOCATION AND OPERATING CONDITIONS.

(a)  Retail Sales and Service Uses.  The Retail Sales and Service Uses listed below shall be subject to the corresponding conditions:

*   *   *   *

(7)  Outdoor Activity Area.  An Outdoor Activity Area shall be principally permitted in any Neighborhood Commercial District or Neighborhood Commercial Transit District if it meets all of the following conditions:

(A)  The Outdoor Activity Area is located on the ground level; 

(B)  The Outdoor Activity Area is in operation only between 9:00 a.m. and 10:00 p.m.;

(C)  The Outdoor Activity Area is not operated in association with a Bar use;

(D)  Where associated with a Limited Restaurant or Restaurant Use, the Outdoor Activity Area includes only seated, not standing, areas for patrons; and

(E)  Alcohol is dispensed to patrons only inside the premises or through wait staff services at the patron’s outdoor seat in the Outdoor Activity Area.

Any Outdoor Activity Area seeking to operate beyond these limitations requires a Conditional Use Authorization, unless such Outdoor Activity Area is permitted by Planning Code Section 145.2.

*   *   *   *

SEC. 205.1.  TEMPORARY USES: SIXTY-DAY LIMIT.

A temporary use may be authorized for a period not to exceed 60 days for any of the following uses:

(a) Neighborhood carnival, exhibition, celebration or festival sponsored by an organized group of residents in the vicinity or, in Neighborhood Commercial, Mixed Use, PDR, C, or M Districts, sponsored by property owners or businesses in the vicinity;

(b) Booth for charitable, patriotic or welfare purposes;

(c) Open air sale of agriculturally produced seasonal decorations, including, but not necessarily limited to, Christmas trees and Halloween pumpkins;

(d) Pop-Up Retail, which is a temporary Retail Use permitted within either a vacant commercial space or a space occupied by a legally established Commercial Use.  If the Pop-Up Retail use is in a Residential District then the temporary Pop-Up Retail use may not serve alcohol or have hours of operation past 10:00 pm, and such use shall not be permitted within six months of the date a prior Pop-Up Retail use began its occupancy of the same commercial space.

SEC. 205.6.  TEMPORARY USES:  INTERIM USES WITHIN BARS AND ENTERTAINMENT USES.  

Any Retail Use may be authorized as a temporary use within any space authorized as a Bar, General Entertainment or Nighttime Entertainment Use for a period not to exceed four years from the date of any such authorization, provided that the period terminates within 6 years from the effective date of this Section 205.6.  Such temporary uses shall be subject to applicable operating conditions, including but not limited to those conditions set forth in Section 202.2(a)(1) of this Code.

SEC. 231.  LIMITED CORNER COMMERCIAL USES IN RTO AND RM DISTRICTS.

*   *   *   *

(c)  Permitted Uses. Any use is permitted which complies with the most restrictive use limitations for the First Story and below of the nearest NCD, as set forth in Article 7, or an NC-1 District, as set forth in Section 710 of this Code.

*   *   *   * 

SEC. 311.  PERMIT REVIEW PROCEDURES.

*   *   *   *  

(b)  Applicability.  Except as indicated herein, all building permit applications in Residential, NC, NCT, and Eastern Neighborhoods Mixed Use Districts for a change of use; establishment of a Micro Wireless Telecommunications Services Facility; establishment of a Formula Retail Use; demolition, new construction, or alteration of buildings; and the removal of an authorized or unauthorized residential unit, shall be subject to the notification and review procedures required by this Section 311.  In addition, all building permit applications that would establish Cannabis Retail or Medical Cannabis Dispensary uses, regardless of zoning district, shall be subject to the review procedures required by this Section 311.  Notwithstanding the foregoing or any other requirement of this Section 311, a change of use to a Child Care Facility, as defined in Section 102, shall not be subject to the review requirements of this Section 311.  Notwithstanding the foregoing or any other requirement of this Section 311, building permit applications to construct an Accessory Dwelling Unit pursuant to Section 207(c)(6) shall not be subject to the notification or review requirements of this Section 311.  Notwithstanding the foregoing or any other requirement of this Section 311, a change of use to a principally permitted use in an NC or NCT District, or in a limited commercial use or a limited corner commercial use, as defined in Sections 186 and 231, respectively, shall not be subject to the review or notice requirements of this Section 311.  

(1)  Change of Use.  For purposes of this Section 311, a change of use is defined as follows:

(A)  Residential, NC, and NCT Districts.  For all Residential, NC, and NCT Districts, a change of use is defined as a change to, or the addition of, any of the following land uses as defined in Section 102 of this Code:  Adult Business, Bar, Cannabis Retail, General Entertainment, Group Housing, Limited Restaurant, Liquor Store, Massage Establishment, Medical Cannabis Dispensary, Nighttime Entertainment, Outdoor Activity Area, Post-Secondary Educational Institution, Private Community Facility, Public Community Facility, Religious Institution, Residential Care Facility, Restaurant, School, Tobacco Paraphernalia Establishment, Trade School, and Wireless Telecommunications Facility. A change of use from a Restaurant to a Limited-Restaurant shall not be subject to the provisions of this Section 311.  Any accessory massage use in the Ocean Avenue Neighborhood Commercial Transit District shall be subject to the provisions of this Section 311.  A change of use to a principally permitted use in an NC or NCT District, or in a limited commercial use or a limited corner commercial use, as defined in Sections 186 and 231, respectively, shall not be subject to the provisions of this Section 311.  

*   *   *   *  

SEC. 703.  NEIGHBORHOOD COMMERCIAL DISTRICT REQUIREMENTS.

*   *   *   *  

(d)  Accessory Uses.  Subject to the limitations set forth below and in Sections 204.1 (Accessory Uses for Dwellings in All Districts), 204.4 (Dwelling Units Accessory to Other Uses), and 204.5 (Parking and Loading as Accessory Uses) of this Code, Accessory Uses as defined in Section 102 shall be permitted when located on the same lot.  Notwithstanding the foregoing, a Retail Workspace, as defined in Section 102, shall be permitted as an Accessory Use in connection with any Eating and Drinking Use regardless of the floor area occupied by such Accessory Use, so long as (1) the hours of operation for the accessory Retail Workspace use are limited to 9 a.m. to 5 p.m. and (2) such Eating and Drinking Use is also open for business to the general public on each day during which the accessory Retail Workspace use is open.  Any Use that does not qualify as an Accessory Use shall be classified as a Principal or Conditional Use unless it qualifies as a temporary use under Sections 205 through 205.4 of this Code.

*   *   *   *

SECTION 4.  PLANNING CODE AMENDMENTS TO ZONING DISTRICTS AND ZONING TABLES.  Each Neighborhood Commercial District and Neighborhood Commercial Transit District in Article 7 of the Planning Code includes a short explanatory narrative, accompanied by a corresponding Zoning Control Table that details the basic development standards and use controls for that district.  This Section 4 amends the controls for certain uses within the neighborhood commercial districts and neighborhood commercial transit districts.  Amendments to the explanatory narrative are in Times New Roman italics font strikethrough (for deletions) or underline (for additions), and asterisks (*   *   *   *) indicating unchanged text that has been omitted.  For amendments to the tables, only those uses that are to be amended are included in the tables, using the same font for deletions and additions as described; unchanged uses are omitted from the tables, but are not marked by asterisks or otherwise marked.

The Planning Code is hereby amended by revising Sections 710 – 745, 750 – 752, 755-762, and 764, to read as follows:

SEC. 710.  NC-1 – NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT. 

NC-1 Districts are intended to serve as local neighborhood shopping districts, providing convenience retail goods and services for the immediately surrounding neighborhoods primarily during daytime hours.

*   *   *   *  

Table 710.  NEIGHBORHOOD COMMERCIAL CLUSTER
DISTRICT NC-1 ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES 

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

NP P

NP P

NP P

Entertainment, General

§102

C P

NP P

NP

Movie Theater

§102, 202.4

C

C

C

Institutional Use Category

Community Facility

§102

P

P

P

Public Facility

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

NP P

NP P

NP 

Bar

§102

P(2)(6)

NP

NP

Restaurant 

§102, 202.2(a)

P(3)

P(3)

NP

Restaurant, Limited

§102, 202.2(a)

P(3)

P

NP

Services, Retail Professional

§102

P

NP P

NP P

Service, Non-Retail Professional

§102

NP

P

NP

(2) [Note deleted.]  P if located more than one quarter of one mile from the Inner Clement Street Commercial District, the Outer Clement Street Commercial District, the Geary Boulevard Formula Retail Pet Supply Store and Formula Retail Eating and Drinking Subdistrict, the Noriega Street Neighborhood Commercial District, the Irving Street Neighborhood Commercial District, the Judah Street Neighborhood Commercial District, the Taraval Street Neighborhood Commercial District, the Broadway Neighborhood Commercial District, the North Beach Neighborhood Commercial District, the Pacific Avenue Neighborhood Commercial District, the Polk Street Neighborhood Commercial District, the North Beach Financial Service, Limited Financial Service, and Business or Professional Service Subdistrict, the Lower Polk Street Alcohol Restricted Use District, the 24th Street – Noe Valley Neighborhood Commercial District, the Third Street Formula Retail Restricted Use District, and Mission Street Neighborhood Commercial Transit District, and the Mission Street Formula Retail Restaurant Subdistrict; otherwise, same as more restrictive control within that Named Neighborhood Commercial District or Restricted Use Subdistrict. P if located more than 300 feet from any other NC District with more restrictive controls; otherwise, same as more restrictive control.

(3)  TARAVAL STREET RESTAURANT SUBDISTRICT. 
Applicable only for the Taraval Street NC-1 District between 40th and 41st Avenues and between 45th and 47th Avenues as mapped on Sectional Maps 5 SU and 6 SU.  Within the Taraval Street Restaurant Subdistrict, restaurants and Limited Restaurants are C; Formula Retail Restaurants and Formula Retail Limited Restaurants are NP; Formula Retail Restaurants and Formula Retail Limited Restaurants are NP if located within one quarter of one mile from the Taraval Street Restaurant Subdistrict.

SEC 711.  NC-2 SMALL SCALE NEIGHBORHOOD COMMERCIAL DISTRICT

The NC-2 District is intended to serve as the City’s Small-Scale Neighborhood Commercial District.  These districts are linear shopping streets which provide convenience goods and services to the surrounding neighborhoods as well as limited comparison shopping goods for a wider market.  The range of comparison goods and services offered is varied and often includes specialty retail stores, restaurants, and neighborhood-serving offices. NC-2 Districts are commonly located along both collector and arterial streets which have transit routes.

*   *   *   *   

Most new commercial development is permitted at the ground and second stories. Neighborhood-serving businesses are strongly encouraged.  Eating and drinking and entertainment uses, however, are confined to the ground story.  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 late-night activity, drive-up facilities, and other automobile uses protect the livability within and around the district, and promote continuous retail frontage.

*   *   *   *   

Table 711.  SMALL-SCALE NEIGHBORHOOD
COMMERCIAL DISTRICT NC-2 

ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story 

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

NP P (10)

NP(11) P 

NP(11) P

Entertainment, General

§102

P

NP P

NP

Movie Theater

§102, 202.4

P

NP P

NP P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

NP P

NP

Restaurant 

§102, 202.2(a)

P(4)

NP P(4)

NP 

Restaurant, Limited

§102, 202.2(a)

P(4)

NP P(4)

NP 

Services, Retail Professional

§102

P

P

P

Service, Non-Retail Professional

§102

NP

P

NP

(4)  TARAVAL STREET RESTAURANT SUBDISTRICT:  Applicable only for the Taraval Street NC-2 District between 12th and 19th Avenues as mapped on Sectional Maps 5 SU and 6 SU. Restaurants, Limited-Restaurants are C; Formula Retail Restaurants and Limited-Restaurants are NP.

*  *  *  *  

(10)  P in the geographic area described as Flexible Retail Zones in Section 202.9.

(11)  C in the geographic area described as Flexible Retail Zones in Section 202.9. 

SEC. 712.  NC-3 MODERATE-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT

NC-3 Districts are intended in most cases to offer a wide variety of comparison and specialty goods and services to a population greater than the immediate neighborhood, additionally providing convenience goods and services to the surrounding neighborhoods. NC-3 Districts are linear districts located along heavily trafficked thoroughfares which also serve as major transit routes.

*   *   *   *   

Table 712.  MODERATE –SCALE NEIGHBORHOOD
COMMERCIAL DISTRICT NC-3 ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

NP(9)P

NP(10)P

NP(10)P

Movie Theater

§102, 202.4

P

NPP

NPP

Institutional Use Category

Community Facility

§102

P

P

P

Public Facility

§102

CP

CP

CP

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

C P

NP

Services, Retail Professional

§102

P

P

P

Service, Non-Retail Professional

§102

C

CP

C

(9)  P in the geographic area described as Flexible Retail Zones in Section 202.9.

(10)  C in the geographic area described as Flexible Retail Zones in Section 202.9.

SEC. 713.  NC-S NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT

NC-S Districts are intended to serve as small shopping centers or supermarket sites which provide retail goods and services for primarily car-oriented shoppers.  They commonly contain at least one anchor store or supermarket, and some districts also have small medical office buildings.  The range of services offered at their retail outlets usually is intended to serve the immediate and nearby neighborhoods.  These districts encompass some of the most recent (post-1945) retail development in San Francisco’s neighborhoods and serve as an alternative to the linear shopping street.

Shopping centers and supermarket sites contain mostly one-story buildings which are removed from the street edge and set in a parking lot.  Outdoor pedestrian activity consists primarily of trips between the parking lot and the stores on-site.  Ground and second stories are devoted to retail sales and some personal services and offices.

The NC-S standards and use provisions allow for medium-size commercial uses in low-scale buildings.  Rear yards are not required for new development.  Most neighborhood-serving retail businesses are permitted at the first and second stories, but limitations apply to fast-food restaurants and take-out food uses.  Some auto uses are permitted at the first story. Limited storage and administrative service activities are permitted with some restrictions.

*   *   *   *  

Table 713.  NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT NC-S ZONING CONTROL TABLE

Non-Residential Uses

References 

Controls by Story

1st

2nd

3rd

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

NP(6)P 

NP(7)P

NP(7)P 

Movie Theater

§§102, 202.4

P(1)

NPP(1)

NPP

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

CP

CP

CP

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

CP

NP

Services, Retail Professional

§102

P

P

P

Service, Non-Retail Professional

§102

C

CP

C

(6)  P in the geographic area described as Flexible Retail Zones in Section 202.9.

(7)  C in the geographic area described as Flexible Retail Zones in Section 202.9.

SEC. 714.  BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT.

The Broadway Neighborhood Commercial District, located in the northeast quadrant of San Francisco, extends along Broadway from east of Columbus Avenue to Osgood Place. *   *   *   *  

*   *   *   *   

Table 714.  BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

P

P

P

Movie Theater

§§ 102, 202.4

P

P

NP P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

NP P

NP 

Restaurant 

§102, 202.2(a)

P(4) (5)

C P(4)

NP 

Services, Retail Professional

§102

P

P

P

Service, Non-Retail Professional

§102

NP

P

NP

(4)  Formula Retail NP for this use.

(5)  [Note deleted.] BROADWAY LIQUOR LICENSES FOR RESTAURANTS

Boundaries: Applicable to the Broadway Neighborhood Commercial District.

Controls: A Restaurant Use may only add ABC license types 41, 47, 49 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 of this Code. 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.

*   *   *   *  

SEC. 715.  CASTRO STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

(a)  The Castro Street District.  The Castro Street District is situated in Eureka Valley, close to the geographic center of San Francisco between the Mission District, Twin Peaks, and Upper Market Street.  The physical form of the district is a crossing at Castro and 18th Streets, the arms of which contain many small, but intensely active commercial businesses. *   *   *   *   

*   *   *   *   

Table 715.  CASTRO STREET NEIGHBORHOOD
COMMERCIAL DISTRICT 

ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story 

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

P

P

P

Entertainment, General

§102

C P

NP P

NP 

Movie Theater

§102

P

NP P

NP P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

NP P

NP

Restaurant 

§102, 202.2(a)

C(4) P 

NP P

NP

Restaurant, Limited

§102, 202.2(a)

P

NP P

NP

Services, Retail Professional

§102

C P

P

C P

Service, Non-Retail Professional

§102

NP

P

NP

(4)  [Note deleted.] CASTRO STREET LIQUOR LICENSES FOR RESTAURANTS

Boundaries: Applicable to the Castro Street Neighborhood Commercial District

Controls: A Restaurant, as defined in Section 102, may only add ABC license types 47, 49 or 75 as a Conditional Use on the ground level 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 of this Code. 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.

SEC. 716.  INNER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

The Inner Clement Street Commercial District is located on Clement Street between Arguello Boulevard and Funston Avenue in the eastern portion of the Richmond District of northwest San Francisco. *   *   *   *   

The Inner Clement Street District controls are designed to promote development that is consistent with its existing land use patterns and to maintain a harmony of uses that supports the district’s vitality.  The building standards allow small-scale buildings and uses, protecting rear yards above the ground story and at residential levels.  In new development, most commercial uses are permitted at the first two stories, although certain limitations apply to uses at the second story.  Special controls are necessary to preserve the equilibrium of neighborhood-serving convenience and comparison shopping businesses and protect adjacent residential livability.  These controls prohibit additional financial service and limit additional eating and drinking establishments, and late-night commercial uses and ground-story entertainment uses.  In order to maintain the street’s active retail frontage, controls also prohibit most new automobile and drive-up uses.

*   *   *   * 

Table 716.  INNER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story 

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

P

C P

C P

Entertainment, General

§102

C P

NP P

NP

Movie Theater

§102

P

NP P

NP P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

NP P

NP 

Restaurant 

§102, 202.2(a)

C(4) P 

NP P

NP

Restaurant, Limited

§102, 202.2(a)

P

NP P

NP

Services, Retail Professional

§102

P

P

P

Service, Non-Retail Professional

§102

NP

P

NP

(4)  [Note deleted.]   INNER CLEMENT STREET LIQUOR LICENSES FOR RESTAURANTS

A Restaurant as defined in Section 102 may only add ABC license types 47, 49 or 75 as a Conditional Use on the ground level 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 of this Code. 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.

SEC. 717.  OUTER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

The Outer Clement Street Neighborhood Commercial District is located on Clement Street between 19th Avenue and 27th Avenue in the western portion of the Richmond District. The shopping area contains small-scale convenience businesses, as well as many restaurants and a movie theater.  The district’s restaurants serve a neighborhood and Citywide clientele during the evening hours, while convenience shopping uses cater for the most part to daytime neighborhood shoppers.  Outer Clement Street contains many mixed-use buildings with some fully commercial and fully residential buildings interspersed between them.

*   *   *   *   

Table 717.  OUTER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story 

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

P

C P

C P

Entertainment, General

§102

C P

NPP

NP

Movie Theater

§102

P

 NPP

NP P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

NP P

NP

Restaurant 

§102, 202.2(a)

C P

NP P

NP 

Restaurant, Limited

§102, 202.2(a)

C P

NP P

NP 

Services, Retail Professional

§102

P

P

P

Service, Non-Retail Professional

§102

NP

P

NP

SEC. 718.  UPPER FILLMORE STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

The Upper Fillmore Street Neighborhood Commercial District is situated in the south-central portion of Pacific Heights.  It runs north-south along Fillmore Street from Jackson to Bush and extends west one block along California and Pine Streets. *   *  *  * 

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

*   *   *   *  

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

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

P

P

P

Entertainment, General

§102

C P

NP P

NP

Movie Theater

§102

C P

NP P

NP P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

NP P

NP P

Restaurant 

§102, 202.2(a)

C(4) P (5)

NP P(5)

NP 

Restaurant, Limited

§102, 202.2(a)

P(5)

NP P(5)

NP 

Services, Retail Professional

§102

P

P

P

Service, Non-Retail Professional

§102

NP

P

NP

(4)  [Note deleted.] In considering a Conditional Use for a Restaurant, the Planning Commission shall consider whether the use proposes lunch service or other daytime usage in order to limit the number of such establishments on the block that have no daytime activity.

(5)  Formula Retail NP for this use

SEC. 719.  HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

Northwest of the City’s geographical center, the Haight Street Neighborhood Commercial District is located in the Haight-Ashbury neighborhood, extending along Haight Street between Stanyan and Central Avenue, including a portion of Stanyan Street between Haight and Beulah. *   *   *   *   

The Haight Street District controls are designed to protect the existing building scale and promote new mixed-use development which is in character with adjacent buildings.  The building standards regulate large-lot and use development and protect rear yards above the ground story and at residential levels.  To promote the prevailing mixed-use character, most commercial uses are directed primarily to the ground story with some upper-story restrictions in new buildings.  In order to maintain the balanced mix and variety of neighborhood-serving commercial uses and regulate the more intensive commercial uses which can generate congestion and nuisance problems, special controls prohibit additional drinking uses, limit additional eating establishments, restrict expansion and intensification of existing eating and drinking establishments, and limit entertainment and tourist hotels.  Prohibitions of most automobile and drive-up uses protect the district’s continuous retail frontage.

*   *   *   *  

Table 719.  HAIGHT STREET NEIGHBORHOOD
COMMERCIAL DISTRICT ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

P

C P

C P

Entertainment, General

§102

C(8) P 

NP P

NP 

Movie Theater

§102

P

NP P

NP P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

NP P

NP 

Services, Retail Professional

§102

P

P

P

Service, Non-Retail Professional

§102

NP

P

NP

SEC. 720.  EXCELSIOR OUTER MISSION NEIGHBORHOOD COMMERCIAL DISTRICT.

The Excelsior Outer Mission Street Neighborhood Commercial District is located along Mission Street between Alemany Boulevard and the San Francisco-San Mateo county line.  *   *   *   *  

*   *   *   *   

Table 720.  EXCELSIOR OUTER MISSION STREET
NEIGHBORHOOD COMMERCIAL DISTRICT ZONING
CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Movie Theater

§102

P

P

NP P

Institutional Use Category

Community Facility

§102

C P

C P

C P

Philanthropic Facility

§102

NP

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

NP

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

C P

NP

Services, Retail Professional

§102

P

P

P

Service, Non-Retail Professional

§102

C

CP

C

SEC. 721.  JAPANTOWN NEIGHBORHOOD COMMERCIAL DISTRICT.

The Japantown Neighborhood Commercial District extends between Geary Boulevard and Post Street from Fillmore Street to Laguna Street, the north side of Post Street from Webster Street to Laguna Street, and Buchanan Street from Post Street to midway between Sutter Street and Bush Street. *   *   *   *  

*   *   *   *   

TABLE 721.  JAPANTOWN NEIGHBORHOOD
COMMERCIAL DISTRICT 

ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st(1)

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

P

C P

C P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

NP P

NP

Services, Retail Professional

§102

C P

P

P

Service, Non-Retail Professional

§102

NP

CP

C

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. *   *   *   *   

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 limit additional ground-story entertainment uses and 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.

*   *   *   *  

Table 722.  NORTH BEACH NEIGHBORHOOD
COMMERCIAL DISTRICT 

ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

P

P

P

Entertainment, General

§102

C P

NP P

NP

Movie Theater

§§102, 202.4

P

NP P

NP P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facility

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

NP P

NP 

Services, Retail Professional

§102

C P (7) 

P 

NP P

Service, Non-Retail Professional

§102

NP

P

NP

(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 Office are NP at the First story.

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. *   *   *   *   

(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, but limit new eating, drinking, other entertainment, and financial service uses, which can produce parking congestion, noise, and other nuisances or displace other types of local-serving convenience goods and services.  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.

*   *   *   *

Table 723.  POLK STREET NEIGHBORHOOD
COMMERCIAL DISTRICT 

ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

P

P

P

Entertainment, General

§102

C P

NP P

NP 

Movie Theater

§§102, 202.4

P

NP P

NP P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

NP P

NP

Restaurant 

§§102, 202.2(a)

C(3) P

NP P

NP

Restaurant, Limited

§§102, 202.2(a)

P

NP P

NP

Services, Retail Professional

§102

P

P

P

Service, Non-Retail Professional

§102

NP

P

NP

(3)  [Note deleted.] POLK STREET LIQUOR LICENSES FOR RESTAURANTS: A Restaurant use may only add ABC license types 47, 49 or 75 as a Conditional Use on the ground level 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. 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.

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.  *   *   *   *

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.  New Health Service uses, whether Principal or Accessory, require a Conditional Use authorization on the ground story and are permitted above the ground story. Personal and business services are restricted at the ground story and prohibited on upper stories.  Limits on new ground-story eating and drinking uses, as well as new entertainment and 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 prohibiting 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.

*   *   *   *   

Table 724.  SACRAMENTO STREET NEIGHBORHOOD
COMMERCIAL DISTRICT 

ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

P

P

P

Entertainment, General

§102

C P

NP P

NP

Movie Theater

§§102, 202.4

P

NP P

NP P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

NP P

NP

Restaurant 

§§102, 202.2(a)

C P

NP P

NP

Restaurant, Limited

§§102, 202.2(a)

P

NP P

NP

Services, Retail Professional

§102

C(4) P

NP P

NP P

Service, Non-Retail Professional

§102

NP

P

NP

(4)  A Health Service Use requires a Conditional Use authorization on the ground story whether it is Principal or Accessory. 

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 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 prohibit additional drinking establishments and limit additional eating establishments, 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.

*   *   *   *   

Table 725.  UNION STREET NEIGHBORHOOD
COMMERCIAL DISTRICT 

ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

P

P

P

Entertainment, General

§102

C P

NP P

NP

Movie Theater

§§102, 202.4

P

NP P

NP P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

NP P

NP

Restaurant 

§§102, 202.2(a)

C(3) P

NP P

NP

Restaurant, Limited

§§102, 202.2(a)

C P

NP P

NP

Services, Retail Professional

§102

P

P

C P

Service, Non-Retail Professional

§102

NP

P

NP

(3)  [Note deleted.]   UNION STREET RESTAURANTS:

Applicability: The following controls apply to new uses as well to significant alterations, modifications, and intensifications of existing uses pursuant to § 178(c) of the Planning Code.

Controls: The Planning Commission may approve a Restaurant if in addition to meeting the criteria set forth in Section 303, 1: the use is located on the ground floor, and 2: the Planning Commission finds that an additional Restaurant would not result in a net total of more than 44 Restaurants in the Union Street Neighborhood Commercial District. The Planning Department shall apply Article 7 zoning controls for Union Street Restaurants to Conditional Use authorizations required by Planning Code § 178, including but not limited to significant alterations, modifications, and intensifications of use. No new alcoholic beverage license type 47 or 49 shall be permitted in the Union Street NCD. Transfer of an existing license type 47 or 49 from an existing Restaurant located within the Union Street NCD to another Restaurant, new or existing, located within the Union Street NCD is permitted with Conditional Use authorization, consistent with the requirements of Planning Code Section 303.

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. *   *   *   *   

*   *   *   *

Table 726.  PACIFIC AVENUE NEIGHBORHOOD
COMMERCIAL DISTRICT 

ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

P

P

P

Entertainment, General

§102

P

P

NP

Movie Theater

§102

C

C

C

Institutional Use Category

Community Facility

§102

C

C

C

Public Facilities

§102

C P

NP P

NP P

Social Service or Philanthropic Facility

§102

C

P

P

Sales and Service Use Category

Animal Hospital

§102

NP C

NP C

NP 

Restaurant 

§§102, 202.2(a)

C P

NP P

NP

Restaurant, Limited

§§102, 202.2(a)

P

NP P

NP

Services, Retail Professional

§102, 202.2(a)

P

P

P

Service, Non-Retail Professional

§102

NP

P

NP

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. *   *   *   *   

*   *    *   *  

Commercial use provisions encourage the full range of neighborhood-serving convenience retail sales and services at the first story 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; eating and drinking establishments are restricted, depending upon the intensity of such uses in nearby commercial districts.

*   *   *   *   

Table 727.  LAKESIDE VILLAGE NEIGHBORHOOD
COMMERCIAL DISTRICT 

ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

NP P

NP P

NP P

Entertainment, General

§102

C P

NP P

NP

Movie Theater

§102

C

C

C

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

NP P

NP P

NP

Restaurant 

§§102, 202.2(a)

P

P

NP

Restaurant, Limited

§§102, 202.2(a)

P

P

NP

Services, Retail Professional

§102

P

NP P

NP P

Service, Non-Retail Professional

§102

NP

P

NP

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

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. Eating and drinking establishments require conditional use authorization, and ground-story entertainment and financial 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.

*   *   *   *   

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

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

P

P

P

Entertainment, General

§102

C P

NP P

NP

Movie Theater

§§102, 202.4

P

NP P

NP P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

NP P

NP

Restaurant 

§§102, 202.2(a)

C(3) P

NP P

NP

Restaurant, Limited

§§102, 202.2(a)

P(4)

NP P

NP

Services, Retail Professional

§102

C P

P

C P

Service, Non-Retail Professional

§102

NP

P

NP

(3)  [Note deleted.] 24th STREET – NOE VALLEY LIQUOR LICENSES FOR RESTAURANTS

Boundaries: Applicable to the 24th Street – Noe Valley Neighborhood Commercial District.

Controls: A Restaurant Use may only add ABC license types 47, 49 or 75 as a Conditional Use on the ground level 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. 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.

(4)  24TH STREET – NOE VALLEY SPECIALTY RETAIL USES

Boundaries: Only the area within the 24th Street – Noe Valley Neighborhood Commercial District. The controls shall not apply to NC-1 Districts within 300 feet or nonconforming uses within one quarter of one mile of this District as set forth in Code §§ 710 and 186.

Controls: Formula Retail Limited-Restaurants are NP

SEC. 729.  WEST PORTAL AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT

Located in the southwestern part of the City, the West Portal Avenue Neighborhood Commercial District stretches for three long blocks along West Portal Avenue from Ulloa Street to 15th Avenue and extends one block east along Ulloa Street from the Twin Peaks Tunnel entrance to Claremont Boulevard. *   *   *   *  

*   *   *   *  

Special controls on commercial uses are designed to protect the existing mix of ground-story retail uses and prevent further intensification and congestion in the district.  No new financial services are permitted.  Because the district and surrounding neighborhoods are well served by the existing number of eating and drinking establishments, new bars, restaurants and take-out food generally are discouraged:  any proposed new establishment should be carefully reviewed to ensure that it is neighborhood-serving and family-oriented, and will not involve high-volume take-out food or generate traffic, parking, or litter problems. Medical, business or professional services are permitted at the first two stories, but additional ground-story locations are to be closely monitored to ensure that the current balance between retail and office uses is maintained.  Existing service stations are encouraged to continue operating, but changes in their size, operation, or location are subject to review.  Other automotive uses are prohibited.  The neighborhood-oriented, retail character of the district is further protected by prohibiting hotels and nonretail uses.  The daytime orientation of the district is maintained by prohibitions of entertainment uses and late-night commercial operating hours.

*   *   *   *   

Table 729.  WEST PORTAL NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

P

P

P

Entertainment, General

§102

P

P

NP

Movie Theater

§§102, 202.4

C

C

C

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

P

P

P

Social Service or Philanthropic Facility

§102

C

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

NP P

NP

Restaurant 

§§102, 202.2(a)

C P

NP P

NP

Restaurant, Limited

§§102, 202.2(a)

C P

NP P

NP

Services, Retail Professional

§102

C(3) P   

P P

NP P

Service, Non-Retail Professional

§102

NP

P

NP

(3)  [Note deleted.]  Boundaries: The entire West Portal Neighborhood Commercial District.

Controls: Applicable only for the use of stock brokerage. A stock brokerage may apply for Conditional Use if there are no more than a total of seven financial uses and/or stock brokerages within the district. If there are more than seven financial uses and/or stock brokerages in the district, stock brokerages shall not be permitted.

SEC. 730.  INNER SUNSET NEIGHBORHOOD COMMERCIAL DISTRICT

The Inner Sunset Neighborhood Commercial District is located in the Inner Sunset neighborhood, consisting of the NC-2 district bounded by Lincoln Way on the north, Fifth Avenue on the east, Kirkham Street on the south, and Nineteenth Avenue on the west.  *   *   *   *   

The Inner Sunset District controls are designed to protect the existing building scale and promote new mixed-use development which is in character with adjacent buildings.  The building standards regulate large-lot and use development and protect rear yards above the ground story and at residential levels.  To promote the prevailing mixed use mixed-use character, most commercial uses are directed primarily to the ground story with some upper-story restrictions in new buildings. In order to maintain the balanced mix and variety of neighborhood-serving commercial uses and regulate the more intensive commercial uses which can generate congestion and nuisance problems, special controls prohibit additional eating and drinking uses, restrict expansion and intensification of existing eating and drinking establishments, and limit entertainment and tourist hotels.  Prohibitions of most automobile and drive-up uses protect the district’s continuous retail frontage.

*   *   *   *  

Table. 730.  INNER SUNSET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

P

C P

C P

Entertainment, General

§102

C P

NP P

NP 

Movie Theater

§§102, 202.4

P

NP P

NP P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

NP P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

NP P

NP

Restaurant 

§§102, 202.2(a)

C P

NP P

NP

Restaurant, Limited

§§102, 202.2(a)

P

NPP

NP

Services, Retail Professional

§102

P

P

P

Service, Non-Retail Professional

§102

NP

P

NP

SEC. 731.  NORIEGA STREET NEIGHBORHOOD COMMERCIAL DISTRICT

The Noriega Street Neighborhood Commercial District is located in the Outer Sunset neighborhood and includes the non-residential currently-zoned NC-2 properties fronting both sides of Noriega Street between 19th and 27th and 30th through 33rd Avenues.

*   *   *   *   

Table 731.  NORIEGA STREET NEIGHBORHOOD
COMMERCIAL DISTRICT ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

P

C P

C P

Entertainment, General

§102

P

NP P

NP

Movie Theater

§§102, 202.4

P

NP P

NP P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

NP P

NP 

Restaurant 

§§102, 202.2(a)

P(3)

NP P

NP

Restaurant, Limited

§§102, 202.2(a)

P(3)

NP P

NP

Services, Retail Professional

§102

P

P

P

Service, Non-Retail Professional

§102

NP

P

NP

(3)  Formula Retail NP for this use

SEC. 732.  IRVING STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

The Irving Street Neighborhood Commercial District is located in the Outer Sunset neighborhood and includes the non-residential currently-zoned NC-2 properties fronting both sides of Irving Street between 19th and 27th Avenues. *   *   *   *   

*   *   *   *   

Table 732.  IRVING STREET NEIGHBORHOOD
COMMERCIAL DISTRICT
ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

P

C P

C P

Entertainment, General

§102

P

NP P

NP

Movie Theater

§§102, 202.4

P

NP P

NP P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

NP P

NP P

Restaurant 

§§102, 202.2(a)

P(3)

NP P(3)

NP 

Restaurant, Limited

§§102, 202.2(a)

P(3)

NP P(3)

NP 

Services, Retail Professional

§102

P

P

P

Service, Non-Retail Professional

§102

NP

P

NP

(3)  Formula Retail NP for this use.

SEC. 733.  TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

The Taraval Street Neighborhood Commercial District is located in the Outer Sunset neighborhood and includes the non-residential currently-zoned NC-2 properties fronting both sides of Taraval Street from 19th through 36th Avenues. *   *   *   *   

*   *   *   *   

Table 733.  TARAVAL STREET NEIGHBORHOOD
COMMERCIAL DISTRICT
ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

P

C P

C P

Entertainment, General

§102

P

NP P

NP

Movie Theater

§§102, 202.4

P

NP P

NP P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

NP P

NP 

Restaurant 

§§102, 202.2(a)

P(3)

NP P(3)

NP 

Restaurant, Limited

§§102, 202.2(a)

P(3)

NP P(3)

NP 

Services, Retail Professional

§102

P

P

P

Service, Non-Retail Professional

§102

NP

P

NP

(3)  Formula Retail NP for this use.

SEC. 734.  JUDAH STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

The Judah Street Neighborhood Commercial District is located in the Outer Sunset neighborhood and includes the non-residential currently-zoned NC-2 properties fronting both sides of Judah Street from 29th through 33rd Avenues. *   *   *   *   

*   *   *   *   

Table 734.  JUDAH STREET NEIGHBORHOOD
COMMERCIAL DISTRICT
ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

P

C P

C P

Entertainment, General

§102

P

NP P

NP 

Movie Theater

§§102, 202.4

P

NP P

NP P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

NP P

NP 

Restaurant 

§§102, 202.2(a)

P(3)

NP P(3)

NP 

Restaurant, Limited

§§102, 202.2(a)

P(3)

NP P(3)

NP

Services, Retail Professional

§102

P

P

P

Service, Non-Retail Professional

§102

NP

P

NP

(3)  Formula Retail NP for this use

SEC. 735.  INNER BALBOA STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

The Inner Balboa Street Neighborhood Commercial District is located along Balboa Street between 2nd Avenue and 8th Avenue in the Richmond District of San Francisco. *   *   *   *  

*   *   *   *   

Most new commercial development is permitted at the ground and second stories. Neighborhood-serving businesses are strongly encouraged. Eating and drinking and entertainment uses, however, are confined to the ground story. 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 late-night activity, drive-up facilities, and other automobile uses protect the livability within and around the District, and promote continuous retail frontage.

*   *   *   *   

Table 735.  INNER BALBOA STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

P

C P

C P

Entertainment, General

§102

P

NP P

NP 

Movie Theater

§§102, 202.4

P

NP P

NP P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

NP P

NP 

Restaurant 

§§102, 202.2(a)

P

NP P

NP 

Restaurant, Limited

§§102, 202.2(a)

P

NP P

NP 

Services, Retail Professional

§102

P

P

P

Service, Non-Retail Professional

§102

NP

P

NP

SEC. 736.  OUTER BALBOA STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

The Outer Balboa Street Neighborhood Commercial District is located along Balboa Street between 32nd Avenue and 39th Avenue in the Richmond District of San Francisco. *   *   *   *

*   *   *   *   

Most new commercial development is permitted at the ground and second stories. Neighborhood-serving businesses are strongly encouraged. Eating and drinking and entertainment uses, however, are confined to the ground story. 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 late-night activity, drive-up facilities, and other automobile uses protect the livability within and around the District, and promote continuous retail frontage.

*   *   *   *   

Table 736.  OUTER BALBOA STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

P

C P

C P

Entertainment, General

§102

P

NP P

NP 

Movie Theater

§§102, 202.4

P

NP P

NP P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

NP P

NP 

Restaurant 

§§102, 202.2(a)

P

NP P

NP 

Restaurant, Limited

§§102, 202.2(a)

P

NP P

NP 

Services, Retail Professional

§102

P

P

P

Service, Non-Retail Professional

§102

NP

P

NP

SEC. 737.  BAYVIEW NEIGHBORHOOD COMMERCIAL DISTRICT.

The Bayview Neighborhood Commercial District is located along Third Street between Yosemite and Jerrold Avenues.  It is a linear district located along a heavily trafficked thoroughfare which also serves as a major transit route.  In addition to providing convenience goods and services to the surrounding neighborhood, the District offers a wide variety of comparison and specialty goods and services to a population greater than the immediate neighborhood.

*   *   *   *   

A diversified commercial environment is encouraged for the District, and a wide variety of uses are permitted with special emphasis on neighborhood-serving businesses. Eating and drinking, entertainment, financial Financial service, and certain auto uses generally are permitted with certain limitations at the first and second stories.  Other retail businesses, personal services, and offices are permitted at all stories of new buildings.  Limited storage and administrative service activities are permitted with some restrictions.

*   *   *   *   

Table 737.  BAYVIEW NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

P

C P

CP

Movie Theater

§§102, 202.4

P

P

NP P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

C P

NP 

Services, Retail Professional

§102

P

P

P

Service, Non-Retail Professional

§102

C

CP

C

(2)  THIRD STREET SPECIAL USE DISTRICT

Boundaries:  Applicable only to the portion of the Third Street SUD as shown on Sectional Map 10 SU zoned NC-3.

Controls:  Off-sale retail liquor sales are NP; drive-up facilities for Restaurants and Limited-Restaurants are C.

SEC. 738.  CORTLAND AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT.

The Cortland Avenue Neighborhood Commercial District is located along Cortland Avenue between Bonview and Folsom Streets. *   *   *   *  

*   *   *   *   

Most new commercial development is permitted at the ground and second stories. Neighborhood-serving businesses are strongly encouraged. Eating and drinking and entertainment uses, however, are confined to the ground story. 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 late-night activity, drive-up facilities, and other automobile uses protect the livability within and around the District, and promote continuous retail frontage.

*   *   *   *   

Table 738.  CORTLAND AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

NP P

NP P

NP P

Entertainment, General

§102

P

NP P

NP 

Movie Theater

§§102, 202.4

P

NP P

NP P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

NP P

NP 

Restaurant 

§§102, 202.2(a)

P

NP P

NP

Restaurant, Limited

§§102, 202.2(a)

P

NP P

NP

Services, Retail Professional

§102

P

P

P

Service, Non-Retail Professional

§102

NP

P

NP

SEC. 739.  GEARY BOULEVARD NEIGHBORHOOD COMMERCIAL DISTRICT.

The Geary Boulevard Neighborhood Commercial District is located along Geary Boulevard between Masonic and 28th Avenues. *   *   *   *   

*   *   *   *   

A diversified commercial environment is encouraged for the District, and a wide variety of uses are permitted with special emphasis on neighborhood-serving businesses. Eating and drinking, entertainment, financial Financial service, and certain auto uses generally are permitted with certain limitations at the first and second stories.  Other retail businesses, personal services, and offices are permitted at all stories of new buildings. Limited storage and administrative service activities are permitted with some restrictions.

*   *   *   *   

Table 739.  GEARY BOULEVARD NEIGHBORHOOD
COMMERCIAL DISTRICT 

ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

NP P

NP P

NP P

Movie Theater

§§102, 202.4

P

P

NP P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

C P

NP 

Services, Retail Professional

§102

P

P

P

Service, Non-Retail Professional

§102

C

CP

C

SEC. 740.  MISSION BERNAL NEIGHBORHOOD COMMERCIAL DISTRICT.

The Mission Bernal Neighborhood Commercial District is located along Mission Street between Cesar Chavez and Randall Streets. *   *   *   *   

*   *   *   *   

A diversified commercial environment is encouraged for the District, and a wide variety of uses are permitted with special emphasis on neighborhood-serving businesses. Eating and drinking, entertainment, financial Financial service, and certain auto uses generally are permitted with certain limitations at the first and second stories. Other retail businesses, personal services, and offices are permitted at all stories of new buildings. Limited storage and administrative service activities are permitted with some restrictions.

*   *   *   *   

Table 740.  MISSION BERNAL NEIGHBORHOOD
COMMERCIAL DISTRICT 

ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

NP P

NP P

NP P

Movie Theater

§§102, 202.4

P

P

NP P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

C P

NP 

Services, Retail Professional

§102

P

P

P

Service, Non-Retail Professional

§102

C

CP

C

SEC. 741.  SAN BRUNO AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT.

The San Bruno Avenue Neighborhood Commercial District is located along San Bruno Avenue between Hale and Olmstead Streets. *   *   *   *  

*   *   *   *   

Most new commercial development is permitted at the ground and second stories. Neighborhood-serving businesses are strongly encouraged.  Eating and drinking and entertainment uses, however, are confined to the ground story. 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 late-night activity, drive-up facilities, and other automobile uses protect the livability within and around the district, and promote continuous retail frontage.

*   *   *   *   

Table 741.  SAN BRUNO AVENUE NEIGHBORHOOD
COMMERCIAL DISTRICT ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

NP P

NP P

NP P

Entertainment, General

§102

P

NP P

NP 

Movie Theater

§§102, 202.4

P

NP P

NP P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

NP P

NP 

Restaurant 

§§102, 202.2(a)

P

NP P

NP 

Restaurant, Limited

§§102, 202.2(a)

P

NP P

NP 

Services, Retail Professional

§102

P

P

P

Service, Non-Retail Professional

§102

NP

P

NP

SEC. 742.  COLE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICTS.

The Cole Valley Neighborhood Commercial District is located along Cole Street from Frederick to Grattan Streets and includes some parcels north of Carl Street and south of Parnassus. *   *   *   * 

*   *   *   *  

Commercial use provisions encourage the full range of neighborhood-serving convenience retail sales and services at the first story 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; eating and drinking establishments are restricted, depending upon the intensity of such uses in nearby commercial districts.

*   *   *   *   

Table 742.  COLE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

P

C P

C P

Entertainment, General

§102

C P

NP P

NP 

Movie Theater

§§102, 202.4

C

C

C

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

NP C

NP C

NP

Restaurant 

§§102, 202.2(a)

P

P

NP

Restaurant, Limited

§§102, 202.2(a)

P

P

NP

Services, Retail Professional

§102

P

NP P

NP P

Service, Non-Retail Professional

§102

NP

P

NP

SEC. 743.  LOWER HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

The Lower Haight Street Neighborhood Commercial District is located along Haight Street between Webster and Steiner Streets. *   *   *   *   

*   *   *   *  

Most new commercial development is permitted at the ground and second stories. Neighborhood-serving businesses are strongly encouraged. Eating and drinking and entertainment uses, however, are confined to the ground story. 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 late-night activity, drive-up facilities, and other automobile uses protect the livability within and around the District, and promote continuous retail frontage.

*   *   *   *   

Table 743.  LOWER HAIGHT STREET NEIGHBORHOOD
COMMERCIAL DISTRICT ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

P

C P

C P

Entertainment, General

§102

P

NP P

NP 

Movie Theater

§§102, 202.4

P

NP P

NP P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

NP P

NP 

Restaurant 

§§102, 202.2(a)

P

NP P

NP 

Restaurant, Limited

§§102, 202.2(a)

P

NP P

NP 

Services, Retail Professional

§102

P

P

P

Service, Non-Retail Professional

§102

NP

P

NP

SEC. 744.  LOWER POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

The Lower Polk Street Neighborhood Commercial District is located along Polk Street and includes non-contiguous parcels from Geary Street to Golden Gate Avenue with frontage on Geary Street, Golden Gate Avenue, and other side streets.

*   *   *   *   

A diversified commercial environment is encouraged for the District, and a wide variety of uses are permitted with special emphasis on neighborhood-serving businesses.  Eating and drinking, entertainment, financial Financial service, and certain auto uses generally are permitted with certain limitations at the first and second stories.  Other retail businesses, personal services, and offices are permitted at all stories of new buildings.  Limited storage and administrative service activities are permitted with some restrictions.

*   *   *    *   

Table 744.  LOWER POLK STREET NEIGHBORHOOD
COMMERCIAL DISTRICT 

ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

NP P

NP P

NP P

Movie Theater

§§102, 202.4

P

P

NP P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

C P

NP 

Services, Retail Professional

§102

P

P

P

Service, Non-Retail Professional

§102

C

CP

C

SEC. 745.  INNER TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

The Inner Taraval Street Neighborhood Commercial District is located along Taraval Street between 19th and Forest Side Avenues in the Inner Sunset neighborhood.  It is separated from the Taraval Street Neighborhood Commercial District by 19th Avenue.  *   *   *   * 

*   *   *   * 

Most new commercial development is permitted at the ground and second stories. Neighborhood-serving businesses are strongly encouraged. Eating and drinking and entertainment uses, however, are confined to the ground story. 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 late-night activity, drive-up facilities, and other automobile uses protect the livability within and around the District, and promote continuous retail frontage.

*   *   *   *   

Table 745.  INNER TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

P

C P

C P

Entertainment, General

§102

P

NP P

NP

Movie Theater

§§102, 202.4

P

NP P

NP P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

C P

C P

C P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

C P

NP P

NP P

Restaurant 

§§102, 202.2(a)

P(1)

NP P(1)

NP

Restaurant, Limited

§§102, 202.2(a)

P(1)

NP P(1)

NP

Services, Retail Professional

§102

P

P

P

Service, Non-Retail Professional

§102

NP

P

NP

(1)  TARAVAL STREET RESTAURANT SUBDISTRICT: Applicable for the Taraval Street NCD between 12th and 19th Avenues as mapped on Sectional Maps 5 SU and 6 SU. Restaurants, Limited-Restaurants are C; Formula Retail Restaurants and Limited-Restaurants are NP.

SEC. 750.  NCT-1 NEIGHBORHOOD COMMERCIAL TRANSIT CLUSTER DISTRICT.

NC-1 Districts are intended to serve as local neighborhood shopping districts, providing convenience retail goods and services for the immediately surrounding neighborhoods primarily during daytime hours.  NCT-1 Districts are located near major transit services.  They are small mixed-use clusters, generally surrounded by residential districts, with small-scale neighborhood-serving commercial uses on lower floors and housing above. *   *   *   *

*   *   *   *

NCT-1 commercial use provisions encourage the full range of neighborhood-serving convenience retail sales and services at the First Story 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; eating and drinking establishments are restricted, depending upon the intensity of such uses in nearby commercial districts.

*   *   *   *  

TABLE 750.  NEIGHBORHOOD COMMERCIAL TRANSIT CLUSTER DISTRICT NCT-1 ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

NP(7) P

NP(8) P

NP(8) P

Entertainment, General

§102

CP

NPP

NP

Movie Theater

§§102, 202.4

C

C

C

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

CP

CP

CP

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

NPC

NPC

NP

Restaurant 

§§102, 202.2(a)

C(5)P

NPP

NP

Restaurant, Limited

§§102, 202.2(a)

P

P

NP

Services, Retail Professional

§102

P

NPP

NPP

Service, Non-Retail Professional

§102

NP

P

NP

(5)  [Note deleted.] C if located more than ¼ mile from any NC District or Restricted Use Subdistrict with more restrictive controls; otherwise, same as more restrictive control.

*   *   *   *   

(7)  P in the geographic area described as Flexible Retail Zones in Section 202.9.

(8)   C in the geographic area described as Flexible Retail Zones in Section 202.9.

SEC. 751.  NCT-2 -- SMALL-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT

NCT-2 Districts are transit-oriented mixed-use neighborhoods with small scale commercial uses near transit services.  The NCT-2 Districts are mixed use districts that support neighborhood-serving commercial uses on lower floors and housing above.  These Districts are well-served by public transit and aim to maximize residential and commercial opportunities on or near major transit services.  The District’s form is generally linear along transit-priority corridors, though may be concentric around transit stations or in broader areas where multiple transit services criss-cross the neighborhood.  *   *   *   *   

*   *   *   *   

Most new commercial development is permitted at the ground and second stories. Neighborhood-serving businesses are strongly encouraged. Eating and drinking and entertainment uses, however, are confined to the ground story. 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 late-night activity, drive-up facilities, and other automobile uses protect the livability within and around the district, and promote continuous retail frontage.

*   *   *   *  

TABLE 751.  SMALL-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT NCT-2 ZONING CONTROL TABLE

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

NP(5)P