H 鄰里商業區和市府許可證

市府是否應修改鄰里商業區的規劃法，以增加允許用途，取消新允許用途的公告程序，以及要求許可證速件程序？

摘要 由選票簡釋委員會撰寫

現況：鄰里商業區通常是一個位於三藩市市中心區外面的商業走廊，其地面樓層提供商業用途，地面以上的樓層提供其他用途。

市規劃法列出住宅、商業或工業用地分區的允許用途。每個用地分區的用途可能是允許，有條件允許或是不允許。有條件允許用途需要經過規劃委員會的全盤審查和批准。

要在三藩市開設一家新企業，企業業主可能需要從數個市府機構取得許可證，例如主管建造或裝修事務的樓宇檢查局，以及主管食物銷售事務的公共衛生局。

申請建築許可證以更改位於某些地區的物業用途的人，必須通知鄰居有關提出的變更。通知書必須張貼30天，此期間內市府不得簽發許可證，而公眾人士則可要求規劃委員會進行審查。 

建議：提案H會修改鄰里商業區規劃法，以： 

• 增加允許用途和有條件允許用途的類型，包括藝術活動、社區設施、社會服務和餐廳； 

• 擴大某些商家室外區域的使用； 

• 對有意開始一項允許用途者取消公告程序； 

• 要求加速批准與檢查許可證程序；以及

• 允許餐廳在營業期間向公眾提供工作空間。

此外，提案H將在全市範圍內變更某些規劃法，暫時允許在酒吧和娛樂場所內提供零售用途，為期至多四年。

投「贊成」票的意思是：如果您投「贊成」票，即表示您同意修改鄰里商業區的市規劃法，以增加允許用途，取消新允許用途的公告程序，以及要求許可證速件程序。

投「反對」票的意思是：如果您投「反對」票，即表示您反對進行這些變更。

市主計官對提案「H」的意見書

市主計官Ben Rosenfield就提案H對本市財政的影響發表以下聲明： 

在我看來，如果建議的創制法令獲得選民通過，將有些微至中度增加市府對此法令適用的小企業於審核、批准和檢查方面的支出。 

這項法令要求市府協調並精簡許可證審查程序，包括在本市指定的鄰里商業區和鄰里公交商業區內店面商業用途的建立、修改、和 / 或營運，在30天內完成審查。豁免由於市府出錯而需進行額外審查的費用。為支援某些小企業，法令還會更新及擴大分區法律。

這項立法需要對這些特定用途的前端許可證審查程序要求加強協調與活動，市府可能在許可部門會有些微至中度增加人手的需求，以便能持續地制定新的協調流程，提供所需的預先檢查，以及實現縮短審查期限。同時，如果新程序成功地縮短許可證簽發的總體時間，有條件用途的申請數量減少，以及公告要求降低，市府可以節省配置人員的時間與成本。市府出錯而衍生的豁免費用所導致的潛在收入損失可能很低。如果本創制提案成功實施，本市鄰里商業區所增加的任何商業活動，對在來年營業稅金增收可能貢獻甚

提案「H」如何被列入選票

2020年6月16日，選務處收到市長Breed簽署的一項擬議法令： 

市政選舉法允許市長以此種方式將一項法令列入選票。

本提案需要有50%+1的贊成票才能獲得通過。

贊成提案 H 的論據

投票贊成提案H，拯救我們的小企業！ 

新型冠狀病毒疫情給我們的小企業沉重的打擊。依賴顧客上門的餐廳、美容院和零售商店都在奄奄一息。

本市已有超過300家餐廳永久關閉，年底前可能還有超過一千七百多家的餐廳結束營業。自從2月以來，有將近20萬三藩市市民申請失業金。在我們面對可能是數十年最嚴重經濟衰退時，我們必須盡一切努力讓小企業保持開門，員工就業。

我們必須現在就行動，以確保我們的小企業和商業走廊不會用木板封起來並從此空置多年。

提案H將幫助現有小企業因應疫情，保持他們的商店繼續開門，員工有工作。透過消除繁文縟節以及精簡冗長許可證程序，提案H將幫助鄰里新商家開張，並從疫情中復甦時創造就業機會。

提案H： 

• 允許在人行道和停車道從事更多室外營業，幫助商家因應正面臨的危機。

• 允許咖啡廳和餐廳包含工作空間，以此創造額外收入來源，有助於預防永久倒閉。

• 支援藝術和非牟利新用途，填補空置店面，保持我們的商業走廊的活力和啟動。

• 精簡許可證程序，從一年縮短為一個月，為新商家減少數千元間接成本。

讓我們支持我們的小企業業主和他們的員工，修復本市崩壞的許可證程序，並為所有人保持我們獨特商業走廊的活力與繁榮。

讓我們拯救我們的小企業。投票贊成提案H。

www.SFSmallBusiness.com 

市長London Breed 

三藩市區商戶委員會

金門餐廳協會

小企業委員會主席Sharky Laguana* 

小企業委員會副主席Miriam Zouzounis* 

小企業委員會委員Manny Yekutiel* 

*僅供識別身份；作者以個人名義簽名，並非代表某一組織。

反駁贊成提案 H 的論據

請投票反對提案H。

提案贊成者聲稱餐廳、美容院和零售商店都在奄奄一息，並宣稱提案H將挽救我們的小企業。當然，我們所有人目前面臨的挑戰是前所未見的，包括餐廳、其他小企業以及人們申請失業金的情況，但我們不應在支持小企業與良好城市規劃之間二選其一。

我們不想讓我們的小企業和商業走廊結束營業並且從此空置多年。我們想要、也需要在這些地區擁有周詳、依照每個鄰里的需求定制的土地使用控制權。 「鄰里商業重新分區研究」集合了鄰里與小企業的共同利益，這已經是三十多年前做到的。

變更規劃法應透過規劃委員會和市議會，在公眾與利益相關人士提出意見後進行，而不是以選票提案的形式進行。我們可以透過消除繁文縟節及精簡冗長許可證程序來幫助現有小企業因應局勢，同時我們也可以透過市政廳的立法程序做這件事。 

令人好奇的是，提案贊成者竟不包含市議員也沒有鄰里組織。針對如城市規劃等重要事項發展出共識是很重要的，因此我們應該齊心協力，在適當公開審查下完成這項工作。

請投票反對提案H。感謝您。 

David Pilpel 

反對提案 H 的論據

請投票反對提案H。

提案H是一項非常複雜的法令，它會變更土地使用控制權和市府許可證。這項法令並未依循常規立法程序向市議會提出，而且它也不需要接受規劃委員會或小企業委員會的公聽會審查。依我之見，它正是應該由市政廳而不是由選民處理的提案類型。我謹建議提案H並不是我們此刻需要的解決方案。

鄰里商業區分區控制權在30多年前制定，多年來經過仔細調整，以個案處理方式解決鄰里和小企業問題。據我所知，提案H在制定過程中沒有鄰里也沒有小企業的參與，對於複雜的土地使用控制權來說並不尋常， 而接下來的三年要修改受到影響的市法規部分將會很困難，就連開發商、鄰里、規劃者或市府政策制定者想要或需要這樣做也不例外。 

雖然便利鄰里走廊小企業的基本構想立意良好，但它可以透過市政廳常規立法程序再加上仔細考量有意義的公眾意見和利益相關者的有用建議來實施。

請投票反對提案H。感謝您。 

David Pilpel 

反駁反對提案 H 的論據

一起採取行動，拯救我們的小企業。投票贊成提案H。

透過支持提案H，我們現在立即採取行動來幫助我們的小企業，它們正以創紀錄的數量在這次疫情期間倒閉。本市已有超過300家餐廳永久關門，2020年12月底前可能還有一千七百多家的餐廳倒閉。我們都已在商業走廊看到木板封起來的窗戶，上面有「出租」招牌，使我們鄰里的活力，以及企業業主和員工的生計受到威脅。

我們的小企業不能坐等市議會通過數年前就該通過的立法。儘管疫情重創我們的小企業，然而在新型冠狀病毒發生前，小企業面對的官僚體系和繁文縟節就已經讓它們在三藩市經營極為困難。

提案H是一項與市府小企業委員會合作，並通過小企業的外展工作獲得的成果，它最終將修復我們崩壞的許可證系統。提案H將透過讓小企業能夠因應當前危機， 消除繁文縟節並將長達一年的新企業許可證程序縮短為30天等舉措，支持我們岌岌可危的小企業。 

我們敦促您現在就採取行動，投票贊成提案H來幫助我們的小企業。

www.SFSmallBusiness.com 

市長London Breed 

三藩市區商戶委員會

金門餐廳協會

小企業委員會主席Sharky Laguana* 

小企業委員會副主席Miriam Zouzounis* 

小企業委員會委員Manny Yekutiel* 

*僅供識別身份；作者以個人名義簽名，並非代表某一組織。

贊成提案 H 的付費論據

贊成提案H的付費論據

對提案H投贊成票

「拯救我們的小商業倡議」將為本市錯綜複雜的許可和規劃流程帶來亟需的變革，這將加快並降低鄰里商業開業和現代化的成本。長期以來，這些程序阻礙了無數小商業在本市開業。

三藩市共和黨

John Dennis，主席

代表：

眾議會第17選區：Cale Garverick、Krista Garverick、Lisa Remmer、Joseph C. Roberts

眾議會第19選區：Edward Bate、Howard Epstein、Stephanie Jeong、Joan Leone

這項論據的刊登費用的資金真正來源是：三藩市共和黨。

委員會真實受款來源的三大貢獻者是：1. Maurice Kanbar，2. 三藩市房地產經紀人協會，3. 2020年John Dennis國會議員之友。

贊成提案H的付費論據

美國亞裔商業需要我們的支援

鑒於COVID-19疫情對商業經營的影響，眾多小商業陷入掙扎。此外，某些尋求分裂和宣揚暴力者使用的種族主義言辭給我們的社區和機構招致汙名和仇恨。我們的鄰里小商業需要支援。

迄今為止，已經有300多家餐廳永久關閉，據金門大橋餐廳協會估計，三藩市一半的餐廳將在今年年底關閉。三月時還存在的1,700多家餐廳，到了12月可能已不復存在。

我們很高興支持提案H，亦即拯救我們的小商業提案，它將減輕商業經營面臨的障礙，並有助於精簡和削減那些計畫在未來開業的商業成本。

請和我們一起支持提案H。

Edwin M. Lee，亞太民主黨俱樂部

州眾議員 David Chiu

州眾議員 Phil Ting

教育理事會成員，Jenny Lam

這項論據的刊登費用的資金真正來源是：贊成H，拯救我們的小企業。

委員會真實受款來源的唯一貢獻者是：Chris Larsen。

贊成提案H的付費論據

支持黑人擁有的商業

在這個種族歧視的時代，許多人正確主張把錢優先花在黑人擁有的小商業上。保持社區機構的強大至關重要。在他們應對COVID-19疫情造成的經營困難時，我們也必須提供支持。

小商業也可以透過提案H的通過獲得支援。鄰里商業區，如Bayview社區的Third Street、Portola的San BrunoAvenue、Divisadero Street、Western Addition的Fillmore & Geary Streets等，將進行現代化改造。拯救我們的小商業提案將有助於簡化我們的小商業和非營利組織所面臨的官僚主義，並使它們更具靈活性，以便在這場疫情期間以及之後可以繼續生存。

請和我們一起投票贊成提案H。

平等委員會成員Malia Cohen

市議員 Shamann Walton

市立大學理事 Alex Randolph

Willie B. Kennedy 民主黨俱樂部

黑人婦女政治行動組織

Bayard Rustin LGBTQ聯盟

這項論據的刊登費用的資金真正來源是：贊成H，拯救我們的小企業。

委員會真實受款來源的唯一貢獻者是：Chris Larsen。

贊成提案H的付費論據

LGBTQ領袖支持提案 H

我們的社區具有韌性。面對生存和成長的障礙時，我們知道如何團結起來，互相支持並蓬勃發展。我們的許多鄰里機構和小商業正受到COVID-19疫情的困擾，但我們可以通過提案H來提供真正的支援。透過簡化繁瑣的許可流程並減少獲得許可所需的時間，將有助於支持商業區現有和新的商業，例如Castro Street、Polk Street、24th Street、Folsom Street周邊的商業區，使新商業能夠更快開業，同時降低成本，現有商業則有更多機會提升營運並使服務多元化。我們懇請您與我們一起支持提案H。

參議員 Scott Wiener

市議員 Rafael Mandelman

BART董事 Janice Li

市立大學理事 Alex Randolph

市立大學理事 Tom Temprano

民主黨主席 David Campos

Alice B. Toklas LGBT 民主黨俱樂部

這項論據的刊登費用的資金真正來源是：贊成H，拯救我們的小企業。

委員會真實受款來源的唯一貢獻者是：Chris Larsen。

贊成提案H的付費論據

透過提案H實現經濟復甦

 即使在COVID-19疫情之前，三藩市小商業的創業和成功之路已經困難重重。我們可以透過精簡許可和審查流程，加快審查過程，並實現市政系統現代化，來拯救我們的小商業。對提案H投贊成票，幫助作為我們鄰里支柱的商業，進而促進本市的經濟復甦。請對提案H投贊成票。

三藩市商會

這項論據的刊登費用的資金真正來源是：贊成H，拯救我們的小商業。

委員會真實受款來源的唯一貢獻者是：Chris Larsen。

贊成提案H的付費論據

三藩市民主黨人支持我們的小商業和非營利組織

三藩市的小商業和非牟利組織是國際自豪感的象徵。三藩市人身在本地，心繫全球，每天都在努力使世界變得更美好。但是，我們的社區小商業和非牟利組織已受到這場疫情的重創。

提案H，亦即拯救我們的小商業提案，是一套常識性的緊急改革措施，其中許多措施已談論多年，將有助於緩和冠狀病毒疫情對本市小商業、商業業主和員工以及本地經濟造成的破壞。本提案將消除官僚障礙，以便我們能夠幫助和支持本市獨特的鄰里業業，並維持我們的鄰里特色。

三藩市民主黨

這項論據的刊登費用的資金真正來源是：贊成H，拯救我們的小企業。

委員會真實受款來源的唯一貢獻者是：Chris Larsen。

贊成提案H的付費論據

社區餐廳和酒吧支持提案H

提案H將制定具體的政策變化，以修正過時的分區規則，並簡化許可程序。我們需要使餐廳和酒吧的經營更容易，成本更低，特別是如果他們遵守社交距離和其他衛生要求。

隨著COVID-19疫情持續對行業造成影響，更多的餐廳和酒吧將需要轉向戶外用餐方案，利用街邊停車位，以及在建築物後方的空地進行經營。餐廳和酒吧正在尋找保持生存和適應的方法，使他們的業務對每位顧客都更安全，而拯救我們的小商業提案將提供急需的監管變化，以幫助商業度過這一難關，比以往更強大。請對提案H投贊成票。

金門大橋餐廳協會

Ben Bleiman，三藩市酒吧業主聯盟

Steven Lee，娛樂專員*

僅供識別身份；作者以個人名義簽名，並非代表某一組織。

這項論據的刊登費用的資金真正來源是：贊成H，拯救我們的小商業。

委員會真實受款來源的唯一貢獻者是：Chris Larsen。

贊成提案H的付費論據

拉丁裔社區支持提案H

小商業在三藩市雇用了超過35萬名勞工。新來者和移民通常透過當地的社區商家和非營利機構開始瞭解我們的城市，這些機構將幫助他們走向未來。我們的文化和經濟機構已經在本市存在了好幾代。在這個困難時期，他們比以往任何時候都更需要我們的支持。

提案H將透過簡化市政廳的操作、降低成本和許可時間，為家族企業的開業和生存創造新機。請和我們一起對提案H投贊成票。

三藩市民主黨主席 David Campos

Roberto Hernandez，我們米慎區無迫遷

Greg Flores

這項論據的刊登費用的資金真正來源是：贊成H，拯救我們的小商業。

委員會真實受款來源的唯一貢獻者是：Chris Larsen。

贊成提案H的付費論據

拯救婦女主導的小商業

加州30%的小商業是女性所有。除了所有小商業的成功機率都比較低之外，女性業主在獲得融資方面還面臨更多障礙。女性所有企業的平均貸款規模比男性所有企業少31%，增加了透過信用卡債務為企業經營融資的依賴性。提案H將督促市政廳改革對當地小商業的政策，使本市的女性企業能夠在前所未有的經濟衰退時期更好地生存和發展。請加入我們的行列，支持提案H。

三藩市婦女政治委員會

Sophia Andary，婦女地位委員會委員*

Julie D. Soo，婦女地位委員會委員*

*僅供識別身份；作者以個人名義簽名，並非代表某一組織。

這項論據的刊登費用的資金真正來源是：贊成H，拯救我們的小商業。

委員會真實受款來源的唯一貢獻者是：Chris Larsen。

贊成提案H的付費論據

為三藩市的夜生活投票贊成提案H

酒吧和夜總會可以成為經濟驅動力，促進本市商業走廊復甦。提案H將透過消除繁文縟節、增加靈活性和簡化許可程序，幫助新商業更快開業，並允許現有商業調整經營模式以便更好生存。它將對我們珍惜的鄰里活力產生巨大影響，並為我們的藝術和娛樂業提供急需的生命線。透過明確的分區指定變更，我們可以營造氛圍，讓音樂家和表演者給我們的商業走廊帶來活力，讓我們迎接城市的復興。請加入我們，支持提案H。

Ben Bleiman，娛樂委員會主席*

Cyn Wang，娛樂專員*

Steven Lee，娛樂專員*

*僅供識別身份；作者以個人名義簽名，並非代表某一組織。

這項論據的刊登費用的資金真正來源是：贊成H，拯救我們的小商業。

委員會真實受款來源的唯一貢獻者是：Chris Larsen。

贊成提案H的付費論據

COVID-19疫情的威脅和政府的應對措施使我們社區的許多人無法透過傳統方式謀生。小商業、工作人員及服務對象紛紛陷入困境。在這個艱難的時代，本地商業亟需自由來迅速適應新情況。 

提案H 的目的正是如此，簡化某些政府許可程序，允許商業在滿足我們需求的同時，靈活尋找新的發展方式。選民應該毫不猶豫地支持提案H。事實上，我們應該問問自己，為什麼市政府原本沒有這麼做。 

對提案H投贊同票。

三藩市自由論黨

www.lpsf.org 

這項論據的刊登費用的資金真正來源是：三藩市自由論黨

委員會真實受款來源的三大貢獻者是：1. Scott Banister，2. David Jeffries，3. Tim Carico。

贊成提案H的付費論據結束。

反對提案 H 的付費論據

沒有提交反對提案H的付費論據

法律文本

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

NP(6) P

NP(6) P

Entertainment, General

§102

P

NPP

NP

Movie Theater

§§102, 202.4

P

NPP

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

CP

NP P

NP

Restaurant 

§§102, 202.2(a)

P

NPP

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

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

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

SEC. 752.  NCT-3 MODERATE-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. 

(a)  NCT-3 Districts are walkable and transit-oriented moderate- to high-density mixed-use neighborhoods of varying scale concentrated near transit services.  The NCT-3 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 can be either linear along transit-priority corridors, concentric around transit stations, or broader areas where transit services criss-cross the neighborhood. *   *   *   *   

*   *   *   *   

(d)  A diversified commercial environment is encouraged for the NCT-3 District, and a wide variety of uses are permitted with special emphasis on neighborhood-serving businesses. Eating and Drinking, Entertainment, and financial Financial service uses generally are permitted with certain limitations at the first and second stories.  Auto-oriented uses are somewhat restricted.  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 752.  MODERATE-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT 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, 202.4

P

P

NPP

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

P

P

P

Social Service or Philanthropic Facility

§102

P

P

P

Sales and Service Use Category

Animal Hospital

§102

CP

CP

NP

Services, Retail Professional

§102

P(3)

P

P

Service, Non-Retail Professional

§102

C

CP

C

(3)  CU FOR LIMITED FINANCIAL SERVICE AND OTHER USES

Boundaries:  Applicable only for the parcels zoned NCT-3 on Market Street West of Octavia Boulevard.

Controls:  A Conditional Use authorization is required for a Limited Financial Service, Retail Professional Services, Design Professional, and Trade Office uses on the 1st story.

*   *   *   *   

SEC. 755.  OCEAN AVENUE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

The Ocean Avenue Neighborhood Commercial Transit District is located on Ocean Avenue from Howth Street to Manor Drive. *   *   *   *   

*   *   *   *

TABLE 755.  OCEAN AVENUE NEIGHBORHOOD COMMERCIAL TRANSIT 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

NP P

Entertainment, General

§102

P

NPP

NP

Movie Theater

§§102, 202.4

P

NPP

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

CP

NPP

NP

Restaurant 

§§102, 202.2(a)

P

NPP

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. 756.  GLEN PARK NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT

The Glen Park Neighborhood Commercial Transit (NCT) District lies primarily along Diamond Street from Chenery Street to Monterey Boulevard and Chenery Street from Thor Avenue to Castro Street and includes adjacent portions of Wilder Street, Bosworth Street, Joost Avenue and Monterey Boulevard. *   *   *   *   

*   *   *   *  

Table 756.  GLEN PARK NEIGHBORHOOD COMMERCIAL TRANSIT 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

NPP

NP

Movie Theater

§§102, 202.4

P

NPP

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

CP

NPP

NP

Restaurant 

§§102, 202.2(a)

P

NPP

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. 757.  FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT

The Folsom Street Neighborhood Commercial Transit District (Folsom Street NCT) is located along Folsom Street in the Western SoMa area, generally between 7th Street and 10th Streets.

*   *   *   *  

TABLE 757.  FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT 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

P

P

P

Institutional Use Category

Community Facility

§102

CP

CP

NPP

Public Facilities

§102

CP

CP

CP

Social Service or Philanthropic Facility

§102

CP

CP

NPP

Sales and Service Use Category

Animal Hospital

§§102, 823(c)(9)(B)

P(4)

NPP

NP

Restaurant 

§§102, 202.2(a)

P(6)

NPP

NP

Restaurant, Limited

§§102, 202.2(a)

P(6)

NPP

NP

Services, Retail Professional

§102

P(7)(8)

P

NPP

Service, Non-Retail Professional

§102

NP

P

NP

(4)  P for grooming and daycare only; no 24 hour care.

*   *   *   *   

(6)  NP above 10,000 Gross Square Feet per Lot.

(7)  Must be primarily open to the general public on a client- oriented basis, NP if not.

(8)  P on first or second floor, but not both.

SEC. 758.  REGIONAL COMMERCIAL DISTRICT

The Regional Commercial District (RCD) is located along the 9th Street and 10th Street corridors, generally running from Mission Street to Harrison Street, and provides for a wide variety of commercial uses and services to a population greater than the immediate neighborhood. *   *   *   *   

*   *   *   *  

Table 758.  REGIONAL 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

C

NP

Movie Theater

§§102, 202.4

C

C

C

Institutional Use Category

Social Service or Philanthropic Facility

§102

CP

CP

CP

Sales and Service Use Category

Animal Hospital

§§102, 823(c)(9)(B)

P(8)

NPP

NP

Restaurant 

§§102, 202.2(a)

P(5)

NPP

NP

Restaurant, Limited

§§102, 202.2(a)

P(5)

NPP

NP

Services, Retail Professional

§102

P(6)(7)

NPP

NPP

Service, Non-Retail Professional

§102

NP

P

NP

(5)  P up to 10,000 gross square feet per lot; NP above.

(6)  P when primarily open to the general public on a client-oriented basis.

(7)  P on first or second floor, but not on both; P on all floors in Historic Buildings.

(8)  P for grooming and daycare only; no 24 hour care.

SEC. 759.  DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT 

The Divisadero Street Neighborhood Commercial Transit District (“Divisadero Street NCT”) extends along Divisadero Street between Haight and O’Farrell Streets. *   *   *   *   

*   *   *   *  

Consistent with Divisadero Street’s existing mixed-use character, new commercial development is permitted at the ground and second stories.  Most neighborhood-serving businesses are strongly encouraged.  Controls on new Formula Retail uses are consistent with Citywide policy for Neighborhood Commercial Districts; Eating and Drinking and Entertainment uses are confined to the ground story.  The second story may be used by some retail stores, personal services, and medical, business and professional offices.  Additional flexibility is offered for second-floor Eating and Drinking, Entertainment, and Trade Shop uses in existing non-residential buildings to encourage the preservation and reuse of such buildings.  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 759.  DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT 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

CP

CP

Movie Theater

§§102, 202.4

P

P(2)

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

CP

NPP

NP

Services, Retail Professional

§102

P

P

P

Service, Non-Retail Professional

§102

NP

P

NP

*   *   *   *

(2)  P on the Second Story of existing buildings which have had no immediately prior second-story Residential Use, otherwise NP.

SEC. 760.  FILLMORE STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT

The Fillmore Street Neighborhood Commercial Transit District (“Fillmore Street NCT”) extends along Fillmore Street between Bush and McAllister Streets. *   *   *   *   

*   *   *   *   

Consistent with Fillmore Street’s existing mixed-use character, new commercial development is permitted at the ground and second stories.  Most neighborhood- and visitor-serving businesses are strongly encouraged.  Controls on new Formula Retail uses are consistent with Citywide policy for Neighborhood Commercial Districts.; Eating and Drinking and entertainment uses 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 drive-up facilities and other automobile uses protect the livability within and around the district and promote continuous retail frontage.

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

NON-RESIDENTIAL STANDARDS AND USES

§ References 

Controls by Story

1st

2nd

3rd+

Entertainment, Arts, and Recreation Use Category

Arts Activities

§102

P

CP

CP

Movie Theater

§§102, 202.4

P

P

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

CP

NPP

NP

Services, Retail Professional

§102

P

P

P

Service, Non-Retail Professional 

§102

C

CP

C

SEC. 761.  HAYES-GOUGH NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

The Hayes-Gough Neighborhood Commercial Transit District is located within walking distance of the Civic Center, lying west of Franklin Street and east of Laguna Street, with its southern edge generally at Lily Street, with an extension south along both sides of Octavia Boulevard to Market Street. *   *   *   *   

The Hayes-Gough District controls are designed to allow for growth and expansion that is compatible with the existing building and use scales.  Building standards protect the moderate building and Use Size and require rear yards at residential levels.  To maintain the mixed-use character of the district, most commercial uses are permitted at the first and second stories and housing is strongly encouraged at the third story and above. In order to encourage lively pedestrian-oriented commercial activity, but restrict certain sensitive and problematic uses, eating and drinking, and entertainment uses are directed to the ground story. Retail sales activity, especially neighborhood-serving businesses, is further promoted by restricting new ground-story medical, business and professional offices.  To protect continuous frontage, drive-up and most automobile uses are prohibited, above-ground parking is required to be setback or below ground, and active, pedestrian-oriented ground floor uses are required on Hayes Street and portions of Octavia Boulevard.

*   *   *   *   

Table 761.  HAYES-GOUGH NEIGHBORHOOD COMMERCIAL TRANSIT 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

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

C P

P

C P

Service, Non-Retail Professional

§102

NP

P

NP

SEC. 762.  VALENCIA STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

The Valencia Street Commercial Transit District is located near the center of San Francisco in the Mission District.  It lies along Valencia Street between 14th and Cesar Chavez (Army) Street, and includes a portion of 16th Street extending west toward Dolores Street. *   *   *   *   

The Valencia Street District has a pattern of large lots and businesses, as well as a sizable number of upper-story residential units.  Controls are designed to permit moderate-scale buildings and uses, protecting rear yards above the ground story and at residential levels.  New neighborhood-serving commercial development is encouraged mainly at the ground story.  While offices and general retail sales uses may locate at the second story of new buildings under certain circumstances, most commercial uses are prohibited above the second story. In order to protect the balance and variety of retail uses and the livability of adjacent uses and areas, most eating and drinking and entertainment uses at the ground story are limited. Continuous retail frontage is promoted by prohibiting drive-up facilities, some automobile uses, and new nonretail commercial uses.  Parking is not required, and any new parking is required to be set back or below ground.  Active, pedestrian-oriented ground floor uses are required.

*   *   *   *   *

Table 762.  VALENCIA STREET NEIGHBORHOOD COMMERCIAL TRANSIT 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)

P(4)

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.]  GROUND FLOOR CONVERSION OF RETAIL TO RESTAURANTS RESTRICTED

Boundaries: Valencia Street from 15th Street to 24th Street.

Controls: Conversion of existing ground floor retail uses or of ground floor spaces occupied as retail uses at any point within a period of three years prior to submission of a building permit application to Restaurant requires conditional use authorization.

SEC. 764.  UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

The Upper Market Street Neighborhood Commercial Transit District is located on Market Street from Church to Noe Streets, and on side streets off Market. Upper Market Street is a multi-purpose commercial district that provides goods goods and services to adjacent neighborhoods, but also serves as a shopping street for a broader trade area. *   *   *   *   

*   *   *   *   

The Upper Market Street Transit District controls are designed to promote moderate-scale development which contributes to the definition of Market Street’s design and character. They are also intended to preserve the existing mix of Commercial Uses and maintain the livability of the district and its surrounding residential areas.  Large-lot and use development is reviewed for consistency with existing development patterns.  Rear yards are protected at all levels.  To promote mixed-use buildings, most Commercial Uses are permitted with some limitations above the second story.  In order to maintain continuous retail frontage and preserve a balanced mix of Commercial Uses, ground-story neighborhood-serving uses are encouraged, and Eating and Drinking, Entertainment, and financial service uses are limited. Ground floor-commercial space is required along Market and Church Streets.  Most Automotive Service and Drive-Up Facility uses are prohibited or conditional.

*   *   *   *   

Table 764.  UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL TRANSIT 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, 202.4

P

NP P

NP P

Institutional Use Category

Community Facility

§102

P

P

P

Public Facilities

§102

P

P

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)

C P(4)

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)  UPPER MARKET STREET LIQUOR LICENSES FOR RESTAURANTS

Boundaries:  Applicable to the Upper Market Street Neighborhood Commercial Transit District.

Controls:  A Restaurant Use may only add a Bar use (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 for the Bar use shall be subject to immediate revocation.

SECTION 5.  AMENDMENT OF ZONING CONTROL TABLES.

In addition to the amendments to the Zoning Control Tables set forth in Section 4 of this Ordinance, the Planning Code is hereby amended by further revising the Zoning Control Tables in Sections 710, 717, 757, and 758, to read as follows:

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

*   *   *   *

Table 710.  NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT NC-1

ZONING CONTROL TABLE

*   *   *   *

Zoning Category

§ References

NC-1

Controls

*   *   *   *

NON-RESIDENTIAL STANDARDS

COMMERCIAL USE CHARACTERISTICS

*   *   *   *

Outdoor Activity Area

§§ 102, 145.2, 202.2

P if located in front of building or it complies with Section 202.2(a)(7); C if located elsewhere.

*   *   *   *

NON-RESIDENTIAL USES

Controls by Story

1st

2nd+

3rd

*   *   *   *

Sales and Service Use Category

Retail Sales and Services Uses

§102

P (2) (3)

NP

NP

*   *   *   *

*   *   *   *

SEC. 717.  OUTER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

*   *   *   *

Table 717.  OUTER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT 

ZONING CONTROL TABLE

*   *   *   *

Zoning Category

§ References

Outer Clement Street

Controls

*   *   *   *

NON-RESIDENTIAL STANDARDS

COMMERCIAL USE CHARACTERISTICS

*   *   *   *

Outdoor Activity Area

§§ 102, 145.2, 202.2

P if located in front or it complies with Section 202.2(a)(7); C if located elsewhere.(4)

*   *   *   *

*   *   *   *

SEC. 757.  FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

*   *   *   *

Table 757.  FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT 

ZONING CONTROL TABLE

*   *   *   *

Zoning Category

§ References

Folsom Street NCT 

Controls

*   *   *   *

NON-RESIDENTIAL STANDARDS

COMMERCIAL USE CHARACTERISTICS

*   *   *   *

Outdoor Activity Area

§§ 102, 145.2, 202.2

P at 1st and 2nd Floors if located in front, or it complies with Section 202.2(a)(7); C if located elsewhere.

*   *   *   *

*   *   *   *

SEC. 758.  REGIONAL COMMERCIAL DISTRICT.

*   *   *   *

Table 758.  REGIONAL COMMERCIAL DISTRICT 

ZONING CONTROL TABLE

*   *   *   *

Zoning Category

§ References

Regional Commercial District

Controls

*   *   *   *

NON-RESIDENTIAL STANDARDS

COMMERCIAL USE CHARACTERISTICS

*   *   *   *

Outdoor Activity Area

§§ 102, 145.2, 202.2

P at 1st and 2nd Floors if located in front, or it complies with Section 202.2(a)(7); C if located elsewhere.

*   *   *   *

*   *   *   *

SECTION 6.  AMENDMENT OF ZONING CONTROL TABLES.  

In addition to the amendments to these Zoning Control Tables set forth in Section 4 of this Ordinance, the Planning Code is hereby amended by further revising the Zoning Control Tables in Sections 711, 712, 713, 714, 715, 716, 718, 719, 720, 721, 722, 723, 725, 726, 727, 728, 729, 730, 731, 732, 733, 734, 735, 736, 737, 738, 739, 740, 741, 742, 743, 744, 745, 750, 751, 752, 755, 756, 759, 760, 761, 762, and 764, as follows:  

SEC. 711.  NC – SMALL NEIGHBORHOOD COMMERCIAL DISTRICT.

*   *   *   *

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

ZONING CONTROL TABLE

Zoning Category

§ References

NC-2

Controls

*   *   *   *

NON-RESIDENTIAL STANDARDS

COMMERCIAL USE CHARACTERISTICS

*   *   *   *

Outdoor Activity Area

§§ 102, 145.2, 202.2

P if located in front of building or it complies with Section 202.2(a)(7); C if located elsewhere.

*   *   *   *

Zoning Control Tables 712, 713, 714, 715, 716, 718, 719, 720, 721, 722, 723, 725, 726, 727, 728, 729, 730, 731, 732, 733, 734, 735, 736, 737, 738, 739, 740, 741, 742, 743, 744, 745, 750, 751, 752, 755, 756, 759, 760, 761, 762, and 764 are hereby amended identically to the amendment of Zoning Control Table 711, above in this Section 5 of this ordinance, to provide in the “Controls” column that an Outdoor Activity Area is P if located in front of building or it complies with Section 202.2(a)(7); C if located elsewhere.

SECTION 7.  CITY POLICY REGARDING PARKLET USE.

(a)  The City has implemented a Pavement to Parks Program, the “Parklet Program,” developed by several City departments, including the Planning Department, Department of Public Works, and San Francisco Municipal Transportation Agency.  The Parklet Program was created to reclaim underutilized space and temporarily regain these areas by quickly and inexpensively turning them into parklets.  Installing a parklet is one way to activate space in the public right-of-way, and provide an economical solution to the desire and need for wider sidewalks.  Parklets provide space for the general public to sit and enjoy the space despite narrow sidewalks.  The Parklet Program is implemented and permitted by the Department of Public Works, through Director of Public Works Order No. 183392.

(b)  The City has a compelling interest in revitalizing its restaurant industry.  Accordingly, it is the policy of the City and County of San Francisco to allow parklets to be used to provide service for patrons of Restaurants and Limited Restaurants, as those uses are defined in the Planning Code, who may be seated in a parklet area.  The sole purpose of this policy is to support and allow this additional Restaurant and Limited Restaurant use of parklets, provided the parklet otherwise meets all City requirements.  The policy is not intended and shall not be construed to exclude, restrict, or discourage members of the public who are not patrons of Restaurants and Limited Restaurants to use a parklet area consistent with all applicable legal requirements.

(c)  This City policy is not intended and shall not be deemed to change or circumvent any permitting, procedural, or operational requirements for parklets.  Further, this City policy is not intended and shall not be deemed to affect the City’s power to modify, develop, expand, limit, or abolish the Parklet Program. 

SECTION 8.  ORDINANCES ENACTED BETWEEN JUNE 16, 2020, AND JANUARY 1, 2021.  

This ordinance is intended to promote the economic vitality of Neighborhood Commercial Districts and Neighborhood Commercial Transit Districts.  It is possible that one or more ordinances with the same goal may be enacted in the period after June 16, 2020, and before January 1, 2021.  Any ordinance enacted during that time period that reduces restrictions for uses in Neighborhood Commercial Districts and Neighborhood Commercial Transit Districts beyond the reductions in restrictions contained in this ordinance shall, as to the greater reductions in restrictions, remain valid notwithstanding the provisions of this ordinance.  Other provisions in such an ordinance enacted during that time period shall remain valid to the extent not inconsistent with this ordinance. 

SECTION 9.  PERMIT REVIEW AUTHORITY.

The voters urge the City to fully operationalize the amendments in this ordinance to Section 205 of the Planning Code, allowing temporary uses, by making any necessary modifications to the permitting authority of the Department of Public Health, the Entertainment Commission, and any other City department.  On or before June 30, 2021, the San Francisco Office of Economic and Workforce Development shall submit to the Mayor and the Board of Supervisors a report identifying any such necessary legislative changes, and any proposed legislative amendments. 

SECTION 10.  AMENDMENTS AND RELATED LEGISLATION.

(a)  In the first three years following the effective date of this ordinance, the City:

(1) may amend this ordinance to (A) include additional uses as principally permitted uses, or allow non-permitted uses as principally or conditionally permitted uses, in Neighborhood Commercial Districts and Neighborhood Commercial Transit Districts, or (B) simplify or reduce notice and permitting procedures for any uses in such districts; but 

(2) may not amend this ordinance to restrict principally permitted uses as conditionally permitted or non-permitted uses, or restrict conditionally permitted uses as non-permitted uses, in Neighborhood Commercial Districts and Neighborhood Commercial Transit Districts. 

(b)  After the first three years following the effective date of this ordinance, the City may amend this ordinance in any way and without restriction. 

(c)  At any time following the effective date of this ordinance, the City may enact one or more ordinances to conform or correct provisions in the Municipal Code with provisions in this ordinance.  The People of the City and County of San Francisco urge the City to clarify, simplify and conform provisions of the Planning Code to improve the accessibility of the Planning Code to the general public, and to make any conforming or correcting amendments necessary to implement the intent and specific provisions of this ordinance.

SECTION 11.  SCOPE OF ORDINANCE.  

In enacting this ordinance, the People of the City and County of San Francisco intend to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal Code that are explicitly shown in this ordinance as additions or deletions, in accordance with the “Note” that appears under the official title of the ordinance, except to the extent there are differences in Sections 4, 5, and 6 in the manner of effecting amendments to the Municipal Code.  

SECTION 12.  SEVERABILITY.  

If any section, subsection, sentence, clause, phrase, or word of this ordinance or any application thereof to any person or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this ordinance.  The People of the City and County of San Francisco hereby declare that they would have adopted this ordinance and every section, subsection, sentence, clause, phrase, or word not declared invalid or unconstitutional without regard to whether any other portion of this Ordinance or application thereof would be subsequently declared invalid or unconstitutional.