o0173-25

FILE NO. 250634 AMENDED IN COMMITTEE 7/28/2025 ORDINANCE NO. 173-25 [Planning Code - Use Size Limits] Ordinance amending the Planning Code to eliminate limits on Non-Residential Use Sizes in the Castro Street Neighborhood Commercial District (NCO), Pacific Avenue NW-Neighborhood Commercial District (NCD}, Polk Street NCD, West Portal Avenue NCD, North Beach NCD and North Beach Special Use District, Regional Commercial Districts, and Residential-Commercial District; allow specified Non-Residential Uses that exceed the Use Size limits to divide into smaller spaces that may continue to exceed the Use Size limits, without conditional use authorization; adjust the Use Size limit in all NCDs to a round number; affirming the Planning Department's determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough ita#cs Times Alew Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough Arial 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. Environmental and Land Use Findings. (a) The Planning Department has determined that the actions contemplated in this ordinance comply with the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS Page 1 Supervisors in File No. 250634 and is incorporated herein by reference. The Board affirms this determination. (b) On July 17, 2025, the Planning Commission, in Resolution No. 21782, adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the City's General Plan and eight priority policies of Planning Code Section 101.1. The Board adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 250634, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, this Board finds that this ordinance will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 21782, and incorporates such reasons by this reference thereto. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File No. 250634. Section 2. Background and General Findings. (a) In November 2024, the Controller's Office of Economic Analysis released a report on the status of the City's economy, finding that new business formation remained far below pre-pandemic rates, especially in the retail trades and restaurant/bar categories. Retail vacancy rates vary across the City, with some neighborhoods, such as Union Square (22%) and the Van Ness corridor (over 50%), suffering higher rates than the Citywide average (7.7%). High vacancy rates harm surrounding neighborhoods by reducing economic activity, which results in less visitors to the neighborhood and harms the businesses that remain. (b) Small businesses tend to operate in smaller retail spaces due to lower overhead costs, as larger retail spaces are often cost prohibitive. Facilitating small businesses' access to small retail spaces is consistent with the City's post-pandemic economic recovery efforts. Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS Page2 For example, the City's "Vacant to Vibrant" program helped small businesses fill large vacant spaces around Union Square with smaller pop-up shops. (c) Nearly all zoning districts in the City contain use size limits that apply to Non-Residential Uses. In these districts, Non-Residential Uses that exceed a certain gross square footage must obtain a Conditional Use Authorization. This CUA requirement makes it more costly and time-intensive to divide existing large retail spaces, which in turn reduces the amount of small retail spaces available to local businesses. This ordinance would enable a property owner to divide a large commercial space into smaller spaces without obtaining a CUA, even if more than one of the resulting spaces exceeds the use size threshold. Facilitating the division of large commercial spaces not only assists small businesses and the City's economic recovery, but it also brings these larger spaces into closer conformity with the Planning Code. This ordinance only concerns use size limits that apply to individual uses; it does not exempt uses from size limits that apply across an entire lot. (d) In addition to conditionally authorized use size limits, several zoning districts prescribe maximum Non-Residential Use sizes that cannot be exceeded. Though these hard caps serve important goals of ensuring that large-format retailers and businesses do not displace smaller businesses, economic conditions have changed such that many of these larger uses are needed to provide neighborhood-serving goods, as demonstrated by recent legislation to enable a grocery store to exceed these caps in the Polk Street NCO and separate legislation to allow a Health Service Use in the West Portal Avenue NCO. Hard caps on use sizes limit the ability for middle-sized businesses to expand in order to accommodate local, evolving consumer needs. To balance the need for larger-format retail with community input, this ordinance would eliminate hard caps on Non-Residential Use sizes and instead provide that uses above that threshold are subject to a Conditional Use Authorization. This ordinance does not alter any restrictions on Formula Retail. Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS Page 3 Section 3. Articles 1.2, 1. 7, 2, and 7 of the Planning Code are hereby amended by revising Sections 121.2, 121.6, 178, 186.1, 209.1, 209.2, 209.3, 209.4, 210.3, 210.4, 715, 722, 723, 729, 758, and 780.3, and adding Section 121.5, to read as follows: SEC. 121.2. NON-RESIDENTIAL USE SIZE LIMITS IN NEIGHBORHOOD COMMERCIAL AND NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICTS. (a) In order to protect and maintain a scale of development appropriate to each district, Non-Residential Uses Sizes efthe s€lnre si::e or larger than the square footage stated in the table below may be permitted only as Conditional Uses, subject to the exception in Section 121.2@. The use area Non-Residential Use Size shall be measured as the Gross Floor Area for each individual Non-Residential Use. District Castro Street: North Beach Pacific Avenue Polk Street*: 24th Street-Mission 24th Street-Noe Valley Haight Street Inner Clement Street Inner Sunset Japantown Outer Clement Street Sacramento Street Union Street Upper Fillmore Street Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS Use Size Limits 2,000 sq. ft. 2,500 sq. ft. Page4 West Portal Avenue* NC-1, NCT-1 3,000 sq. ft. Broadway Hayes-Gough Upper Market Street Valencia Street NC-2, NCT-2 4,000 sq. ft. Divisadero Street Folsom Street Glen Park Irving Street Judah Street Noriega Street Ocean Avenue SoMa Taraval Street NC-3, NCT-3 6,000 sq. ft. Excelsior Outer Mission Street Fillmore Street Mission Street NC-S Regional Commercial District 10,000 sq. ft. * Subject to Section 121.2(d). *: Conditional Use not required for any Limited Restaurant use that relocates within the Polk Street NCO, and is designated as a Legacy Business as of the effective date of the ordinance in Board File No. 240411, or any Health Service use in the West Portal Avenue Neighborhood Commercial District located at Assessor's Parcel Block No. 2989B, Lot 17. Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS Page 5 In addition to the criteria of Section 303(c) of this Code, the Commission shall consider the extent to which the following criteria are met: (1) The intensity of activity in the district is not such that allowing the larger use will be likely to foreclose the location of other needed neighborhood-serving uses in the area. (2) The proposed use will serve the neighborhood, in whole or in significant part, and the nature of the use requires a larger size in order to function. (3) The building in which the use is to be located is designed in discrete elements which respect the scale of development in the district. (b) Notwithstanding Sections 121.2(a). 178. and 186.1, existingNon-Reside,wCILUses that are larger them the use size limits in subsection (a) may be divided into two or more smaller Non- Residential Uses that are larger than the use size limits in subsection (a). and such a division shall not require a Conditional Use Authorization provided the division does not cause a Net Addition of Gross Floor Area. (b) In o,··der te p·etect and ,•Haintain e sesle of development ctpp1·0priaM ~o e&eh d-istricl, lV<m Residential uses that exceed the sqMare foetage staled in the tabte beJ.ow shall not be permiUed, except i,·1 the following circumsUmces: (1) In :he Castro St.reel ]'>kif;f1bo;·hood Commercial District, a Child Care Facility School, Pest Seeo,'tdary Ethreatio;~al Institution, Religious [ns.'ihxtion, Social &n,•tce or PhUantfowopic NK:i!lty, Comrmmity Facilif}~ or e1 Reside.ntial Qwe Facili.'y as defined ln Section l 02 efthis Cede th0:1 is opereted by a n0n prefi! clnd is neighberhood servi,'ig mcty exceed this subsecN011 121. 2(b) ·with Ce,'ldUionel Use eu,'hori::ation. (2) In .'he Regio,"!el Cornrnercial District, &hools end C.¼Udeare Facilities €15 defined in Section 102 ,•1u1y exceed this subsection l2l.2(b) 1ri#1 Conditional Use 6'1:,·theri::ation. Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS Page6 (3) 'n •¼e '>.el'< S•ree' 'N.eig¼btr¼ood Co-r1"fle•·ci0l Distric 1 •l,zi5· si·bsection 1 2 1 2(b) ·l f.r l f { Y o , I , i I i I I . • 1-, l J. I• I 1- - 1 . .,, shal1 not epply lo a 1\10vie The€l,ter use, or !he expension ofan existilqg General G,··ece,,· Use, t.'S defined irl Secfio,·1102 ofthis Code, a1?dptws~ta.n: to the controls ofSection 723. (4) In Ehe Wes.' P.ortal ,'/\Je,ighborhoed Commercial Distric{, Heal.'h Services Uses !:ocated al Assesso;· 's Parcel Biock l\'o. 2989B, Lot I 7 l'IU:l)' exceed !he Umi! b1 :he table below, bt,'.~ shall "lO' 11ave a G··oss "1oo·· 4··ee grea' 1110'9. 5 000 sqt·a··e fee• , .. I ' · t: , l , i i I •• , I i ' t • ' I ~ • - The use area s,¼all be mefl!iured 615 the Gross Ffoor.Are6·fer each individ-ual 1'1on Reside1uia! HSe-:- l)i§ll'-iet lhe She .J.imit§ Wes11 Po~·lel ,4~-'ef'll;tC 4, 000 square feet .¥er.th Beeeh CastFe Street PellfSIF-eet .P.acific ,4\.'emte RegiOv'lal Gommereial Dis1~·ic1' j.j, 000 sqtrBre fee! (c) In order to protect the pedestrian scale of the Mission Street NCT and provide space for small businesses, the following control shall apply in the Mission Street NCT: (1) Applicability. Lot mergers pursuant to Section 121. 7(f) and any project located on a parcel that was created as a result of a lot merger pursuant to Section 121 . 7(f). (2) Control. Any such project that does not include at least one non-residential space of no more than 2,500 square feet, located on the ground floor and fronting directly onto Mission Street, shall require a conditional use authorization. In considering whether to grant such conditional use authorization, the Commission shall consider the criteria in Sections 121.2(a) and 303(c). (d) In order to protect and maintain the pedestrian scale of the Castro Street Neighborhood Commercial District and provide space for small businesses. Non-Residential Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS Page 7 Use Sizes larger than 4,000 square feet shall not be permitted. with the exception that a Child Care Facility, School. Post-Secondary Educational Institution, Religious lnstit_ution. Social Service or Philanthropic Facility. Community Facility. or a Residential Care Facility as defined in Section 102 of this Code that is operated by a non-profit and is neighborhood-serving may exceed this Non-Residential Use Size limit with Conditional Use authorization. SEC. 121.5. DIVISION OF SPACES EXCEEDING NON-RESIDENTIAL USE SIZE LIMITS. (a) An existing Non-Residential Use with Non-Residential Use Size larger /hem principallv permitted (i.e., a use size that is either conditionallv permitted or not permitted) may be divided into two or more smaller Non-Residential Uses where this Section 121.5 is referenced in the use size controls applicable to the district. Conditional Use Authorization is not required for such a division or for the individual resulting Non-Residential Use Sizes. provided the division does~1Qt cause a Net Addition of Gross Floor Area. (b) Regardless of whether Section 121.5 is referenced in the applicable usJ~ sl~ controls pursuant to subsection (a). this Section does not apply lo: (1) Use size limits set forth in Special Use Districts: (2) Use size limits that apply per lot: (3) Districts established pursuant to a development agreement or redevelopment plan,· (4) P (Public) Districts (Section 211 ): and (5) Chinatown Mixed Use Districts (Sections 810. 811. and 812). SEC. 121.6. LARGE-SCALE RETAIL USES. Notwithstanding any other provision of this Code, establishment of a single retail use in excess of 50,000 gross square feet in any zoning district other than the C-3 Zoning Districts shall require conditional use authorization pursuant to Section 303 unless such use already is Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS Page 8 prohibited. This Section 121 .6 shall apply to the establishment of a new use and the expansion of an existing use. For purposes of this Section single "retail use" shall include, except for Hotels and Motels, all Retail Sales and Service Uses listed in Section 102 and retail uses identified in Article 8 of this Code. Notwithstanding this Section 121. 6. division o(Non- Residential Use Sizes is permitted lo the extent provided in Section 121.5. SEC. 178. CONDITIONAL USES. The following provisions shall apply to conditional uses: (a) Definition. For the purposes of this Section, a permitted conditional use shall refer to: (1) Any use or feature authorized as a conditional use pursuant to Article 3 of this Code, provided that such use or feature was established within the time limits specified as a Condition of Approval or, if no time limit was specified, within a reasonable time from the date of authorization; or (2) Any use or feature that is classified as a conditional use in the district in which it is located and that lawfully existed either on the effective date of this Code, or on the effective date of any amendment imposing new conditional use requirements upon such use or feature; or (3) Any use deemed to be a permitted conditional use pursuant to Section 179 of this Code. * * * * (e) Changes in Use. The following provisions shall apply to permitted conditional uses with respect to changes in use, except as further limited by the change of use procedures for Formula Retail uses set forth in Section 303.1 of this Code. Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS Page9 (1) A permitted conditional use may be changed to another use listed in Section 102 and Articles 7 or 8 of this Code as a principal use for the district in which it is located and the new use may thereafter be continued as a permitted principal use. (2) A permitted conditional use may be changed to another use listed in Section 102 and Articles 7 or 8 of this Code as a conditional use for the district in which the property is located, subject to the other applicable provisions of this Code, only upon approval of a new conditional use application, pursuant to the provisions of Article 3 of this Code. (3) A permitted conditional use may not be changed to another use not permitted or prohibited by the Zoning Control Table for the district in which the lot is located. If a permitted conditional use has been wrongfully changed to another use in violation of the foregoing provisions and the violation is not immediately corrected when required by the Zoning Administrator, the wrongful change shall be deemed to be a discontinuance or abandonment of the permitted conditional use. (4) Once a permitted conditional use has been changed to a principal use permitted in the district in which the property is located, or brought closer in any other manner to conformity with the use limitations of this Code, the use of the property may not thereafter be returned to its former permitted conditional use status, except upon approval of a new conditional use application pursuant to the provisions of Article 3 of this Code. (5) In. the .¥orth Beech .Veighborh00d CemHwrcial District, tmy use thet exceeds the l:tSe size pmvisiens efSection l 2l. 2(s) or 121. 2(h) mey be changed to a new use enly l;tf)OH «ppJ'0',1al of a new eomiihonel use epplication. The Commission's Bppre,:al efs~wh cenditienal use ttpplication shall explicitly address the use size.findings ofSectio}q 3()3(c). (6) In lhe Castro Street ,'hf.eig,½borhood Cemmerciel Di:stricL, c1ny me Jhat exceeds the use si::e provisieRS a/Section 121. 2(s), but is smoller them lhe maxi,'1ntm use si::e limit of SecNon !21.2(h), m6y be changed to 8 ne:w ·use only upon ctpproWJ.1 ofe new eond-itionat use 8ppliceUon. The Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS Page 10 Commission's eppro·;el 0:fsueh cond-i:imu1.l use 6lfJPlieetion shell expi.'eilly edeh·ess the use sizefindin.gs 0fSeelio,•:i, 303(c). * * * * SEC. 186.1. EXEMPTION OF NONCONFORMING USES IN NEIGHBORHOOD COMMERCIAL DISTRICTS. * * * * (a) Expansion. A nonconforming use may expand in floor area as provided in Subsection (b) below, but may not expand beyond the lot which it occupies, nor may the boundaries of such lot be expanded for purposes of expanding the use; nor may the use expand upward above the story or stories which it lawfully occupies, except as provided in Section 186.2 below. (b) Enlargements or Alteration. (1) A nonconforming use may not be significantly altered; enlarged or intensified, except upon approval of a Conditional Use application pursuant to the provisions of Section 303 of this Code, provided that the use not have or result in a greater height, bulk or floor area ratio, less required rear yard or open space, or less required off-street parking space or loading space than permissible under the limitations set forth in this Code for the district or districts in which such use is located. (2) A nonconforming use may expand to include public sidewalk space provided that such space is only occupied with tables and chairs as permitted by this Municipal Code. (3) No existing use or structure which fails to meet the requirements of this Code in any manner as described above in this subsection (b) shall be constructed, reconstructed, enlarged, alteredl. or relocated so as to increase the discrepancy, or to create a Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS Page 11 new discrepancy, at any level of the structure, between existing conditions on the lot and the required standards for new construction set forth in this Code. However._Q_ Non-ResidentiaLUse that fails to meet the Non-Residential Use Size requirements of this Code m~ay be divided into smaller uses S_i_zes, consistent ivith Sec:lions 121.2 and 121.5. (c) Changes in Use. A nonconforming use may be changed to another use or feature as described below. (1) A nonconforming use may be changed to a use listed in Article 7 of this Code as a Principal Use for the district in which the property is located, and the new use may thereafter be continued as a Principally Permitted Use. (2) A nonconforming use may be changed to a use listed in Article 7 of this Code as a Conditional Use for the district in which the use is located, only upon approval of a Conditional Use application pursuant to the provisions of Article 3 of this Code, and the new use may thereafter be continued as a permitted Conditional Use, subject to the provisions of Section 178 of this Code. (3) A nonconforming use may be changed to a use which is not permitted in that Neighborhood Commercial District as described below, only upon approval of a Conditional Use application, pursuant to the provisions of Article 3 of this Code: (A) Any Bar, Limited Restaurant, or Restaurant use may change to another Bar, Limited Restaurant, or Restaurant use, even though such other use is not permitted in that Neighborhood Commercial District, unless such other use is located in an Alcohol Restricted Use Subdistrict and is prohibited by the provisions governing that Alcohol Restricted Use Subdistrict. (8) Any Business Service, Health Service, Personal Service, or Retail Professional Service use may change to another such use, even though such other use is not permitted in that Neighborhood Commercial District. Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS Page 12 (C) Any Automotive Repair, Automotive Service Station, or Gas Station use may be demolished and reconstructed as the same use or may change to another such use, even though such other use is not permitted in that Neighborhood Commercial District. The new use shall still be classified as a nonconforming use. The changes in use described in this subsection (c)(3) shall include remodeling activities involving the demolition and replacement of structures that result in a change of use. (D) With regard to Formula Retail uses, a change of owner or operator of a Formula Retail establishment is determined to be an intensification of use and a new Conditional Use authorization shall be required as provided in Section 178( c) of this Code. (4) ln the North Beech 1Veighb0.'·hood Commeretel District, €lnJ/ use that exceeds #w a'SC si::e pro .. •isions in the Nert,¼ Be6Cl"l Zoning C0ntrol T0ble may be chtm-geri to a new use only ttpon the spproy;a/ of a new Con6'-iHonet Use epplication. The CoH1,"Rission 's spproi?-81 o-fsuch CmulWonel Use etpplieehon shsll e;cplicitly address tl'ie use s.'zefimiings ofSec:ion 303fc). l."1 the ,¥orth Be-filch N-eighbo,·hood Cm11me,·ciel District, a ,umcmifermil'lg t,'Se C€HV'lot be elwnged ~o any use thet is not 6l pe,•·miNed i,se muter SectioH 722 (Nerth Beach Co,1trols). (5) fn the Cestro Street Jlkighborhood Commercict:l Dislriet, 61J'ly' use in this Di.strict that exceeds the maximum i""lcm Residential Use Si::e li,'i'fit ofSeetion l2l.2(b) 11uty nol be cha,rtged to a new !<Se. The only »wthod_f'or changing a l'IOHcor.fonning t,·se identified in this subsection (c) is to ret:hwe :he ,"lonco,eforming use: M) to c1 corjormh<tg t,'Se si::e; or (B) 10 8 size specifi·ed .'Jq &,bsectiol'l 12l.2(a)p1:wsr1c1n( lo Conditione1l Use Vtm d t½e f'IUi1:,v,imum,, • ., I excee s • . • • , • r,;,,,,e, •- ,1/inetl •• a,,t;o,-i=<ll•on. , ,,. • ., ""JI.,.. m i,,,s , &·•-lee use, es -e, ' • I e " • ' I "'' " ' . "'oA ••i,hst..,,,J,,,g .,,_ - . G e •el Refflil &,es • , ., fh) €Ind ts en • • • £SeetiOi'I. J 2 J. 2 • • l Use Si=e fomt 0 Resuient.e Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS Page 13 Sectim~ J 02, #Ul)' change .'O Gmether !,'Se ecJtegery enum.erated in the definitio~'l e.f General Retail Sales and Seri•ice ss Ieng as ,•he use si;::e is ne,' increased Gmd .'he Commissien appr0·i1es a ConditionGll Use applica.'ionfor s'tfch change. The Col'l'lmission 's epp1·0w1l 0-fsuch Co1<tditional Use eppliealion sfamU explieill)' address the use sizefindbtgs efSecfion 303(€). (d) Discontinuance. A nonconforming use that is discontinued for a period of three years, or otherwise abandoned or changed to another use that is listed in Article 7 of this Code as a Principal or Conditional Use for the district in which the use is located shall not be reestablished, except in the following instances: (1) In the North Beach, Polk Street, Castro Street, and Haight Street Neighborhood Commercial Districts the period of non-use for a nonconforming use to be deemed discontinued shall be 18 months. (2) In the Polk Street Neighborhood Commercial District, the period of non-use for a nonconforming Tobacco Paraphernalia Establishment use to be deemed discontinued shall be 18 months. (3) For Formula Retail uses in any district that prohibits or requires Conditional Use authorization for Formula Retail uses, the period of non-use to be deemed discontinued is 18 months. (e) Relocation. A nonconforming use in a Neighborhood Commercial District may be reestablished at another location within that Neighborhood Commercial District only upon approval of a new conditional use application pursuant to the provisions of Article 3 of this Code, provided that the following conditions are met: (1) The original premises shall not be occupied by an establishment of the same type of use as the relocating use unless by another establishment that is relocating from within the district; and Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS Page 14 (2) No final permits to operate the relocated use at the new premises are granted prior to the issuance of a certificate of final completion of any work to the original premises which is required as conditions attached to the approval of the conditional use application; and (3) Deed restrictions are recorded for the original premises in the Official Records of the City and County of San Francisco, which restrictions prohibit for the duration of the Code sections prohibiting the use for the district in which the use is located, the establishment and operation of a new use of the same type of use as the relocated use, unless such new use is relocating from within the district. SEC. 209.1. RH (RESIDENTIAL, HOUSE) DISTRICTS. * * * * Table 209.1 ZONING CONTROL TABLE FOR RH DISTRICTS Zoning § References RH-1(D) RH-1 RH- Category 1(5) * * * * NON-RESIDENTIAL STANDARDS AND USES Development Standards Floor Area Ratio §§ 102, 123, Use Size 00 102, 121.5 * * * * * * * * Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS 1.8 to 1 1.8 to 1 1.8 to 1 Division oflarcze use sizes ver o 121.5 RH-2 RH-3 1.8 to 1 1.8 to 1 Page 15 SEC. 209.2. RM (RESIDENTIAL, MIXED) DISTRICTS. * * * * Table 209.2 ZONING CONTROL TABLE FOR RM DISTRICTS Zoning Category § References RM-1 I RM-2 I RM-3 I RM-4 * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * Development Standards Floor Area Ratio §§ 102, 123, 124 1.8 to 1 I 1 . 8 to 1 I 3. 6 to 1 14. 8 to 1 Use Size ~~ 102, 121.5 Division o[_large use sizes '[l_er ~ 121.5 * * * * * * * * SEC. 209.3. RC (RESIDENTIAL-COMMERCIAL) DISTRICTS. * * * * Table 209.3 ZONING CONTROL TABLE FOR RESIDENTIAL-COMMERCIAL DISTRICTS Zoning Category § References * * * * NON-RESIDENTIAL STANDARDS AND USES Development Standards * * * * ,¥-0n Resid-enU€ll Use Size Limits * * * * * * * * Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS §§ 102, 121.5, 121.6 RC-3 I RC-4 P if Jess th€l19, up to 6,000 square feet; C if lclrger Mum 6,00lf) square feet or above leFge-F. ]'1/P ifgre£J:ter them 120,0iJ0 gr0ss !:ifjttarefeet. Division oflarge use sizes per ~ 121.5. Page 16 SEC. 209.4. RTO (RESIDENTIAL TRANSIT ORIENTED) DISTRICTS. * * * * Table 209.4 ZONING CONTROL TABLE FOR RTO DISTRICTS Zoning Category § References RTO RTO-M * * * * NON-RESIDENTIAL STANDARDS AND USES Development Standards Floor Area Ratio §§ 102, 123, 1.8 to 1 1.8 to 1 Use Size H 102, 121.5 Division o[_large use sizes 'fl._er f 121. 5 * * * * * * * * SEC. 210.3. PDR DISTRICTS. * * * * Table 210.3 ZONING CONTROL TABLE FOR PDR DISTRICTS Zoning § References PDR-1-B PDR-1-D PDR-1-G PDR-2 Category * * * * NON-RESIDENTIAL STANDARDS AND USES Development Standards * * * * Use Size See Table 5,000 gross 2,500 gross See Table Limits for §f 210.3A, 121.5 10.3A. square feet per lot, square feet 210.3A. Retail Sales see reference (10) per lot, see Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS Page 17 and Service below. reference Uses (9) below. Use Size Limits for Non-Retail §i 210.3A 121.5 See Table N/A N/A See Table Sales and 210.3A. 210.3A. Service Uses Use Size ~§'. 102, 121.5 Division o[.large use sizes {2er §: 121.5 * * * * * * * * SEC. 210.4. M DISTRICTS: INDUSTRIAL. * * * * Table 210.4 ZONING CONTROL TABLE FORM DISTRICTS Zoning Category § References M-1 I M-2 * * * * NON-RESIDENTIAL STANDARDS AND USES Development Standards Floor Area Ratio §§ 102, 123, 124 5 to 1 I 5 to 1 Use Size ~~ 102, 121.5 Division o[_large use sizes {2er i 121.5 * * * * * * * * SEC. 715. CASTRO STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * (b) Intent of Controls. The Castro Street District controls are designed to maintain existing small-scale development and promote a balanced mix of uses. Building standards permit small-scale buildings and uses, conditionally permit larger uses, and protect rear yards Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS Page 18 above the ground story and at residential levels. In new buildings, most commercial uses are permitted at the ground and second stories. Special controls are necessary to preserve the existing equilibrium of neighborhood-serving convenience and specialty commercial uses. In order to maintain convenience stores and protect adjacent residential livability, controls authorize some additional drinking establishments with a conditional use, permit self-service specialty food establishments, and permit with certain limitations new late-night uses, adult and other entertainment, and financial service uses. The continuous retail frontage is maintained by prohibiting most automobile and drive-up uses. Housing development in new buildings is encouraged above the second story. Existing housing units are protected by limitations on demolitions and upper-story conversions. Accessory Dwelling Units are permitted within the district pursuant to Section 207.1 of this Code. Table 715. CASTRO STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Zoning Category § References Controls * * * * NON-RESIDENTIAL STANDARDS AND USES Development Standards * * * * Use Size §§ 102, 121.2, 121.5 P ,to !, 999 sqi;iare feel; C 2,000 sq1;~arefeet t-0 J,91).9 sqitfli1·e feet; Pll1(-,.1..) },000 Sifti•are--feel fliid ebtwe- P ue. to 2. 000 sg_uare {§et: C 2, 00 l square {§et and aboi.i:e to 4.000 square feet: NP ~.001 square feet and above (1 ). Division o[...large use sizes aer ~ 121. 5. * * * * * * * * (1) [Reserved] USESIZEEXEAfPTl-0-iV USE SIZE EXEMPTION Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS Page 19 Per PlcEnning Code Sec!io,''l 12!. J(h), Use Si.:e shall generally not exceed 4, (}(){) sq!~arefeet excep: that a Chil-d Care Facility, School, Post SecoMdary Educati0,u1l lnstitl;{tion, Religious Insti.'utim9, Secisl Sen·ice 01· P,¼ilanthropic Faeilily, Cmmmmity facility, 0,·· e Residential Ctn-e Facility as defined in Section 102 thet is opernted h:y a no,2 pff>.fit and is ,wighhorh0od seriJiJ-?g may exceed 4,000 sqi1are feel hy• Conditionet Use e11;aho1'i=eti0n. The non residentit1l 1;{5C si=e limi,<etiort shell not ttpply to Arlick JO le11u:blwrk hull-dings footded b'i the Cestro ,VCD. Per Planning Code Section 121.2(d). Use Size shall generally not exceed 4.000 square feet except that a Child Care Facility. School. Post-Secondary Educational Institution. Religious Institution. Social Service or Philanthropic Facility. Community Facility. or a Residential Care Facility as defined in Section 102 that is operated by a non-profit and is neighborhood-serving may exceed 4.000 square feet by Conditional Use authorization. The non-residential use size limitation shall not apply to Article 10 Landmark buildings located in the Castro NCO_. * * * * 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. North Beach functions as a neighborhood-serving marketplace, citywide specialty shopping, and dining district, and a tourist attraction, as well as an apartment and residential hotel zone. Traditionally, the district has provided most convenience goods and services for residents of North Beach and portions of Telegraph and Russian Hills. North Beach's eating, drinking, and entertainment establishments remain open into the evening to serve a much wider trade area and attract many tourists. The balance between neighborhood-serving convenience stores and Citywide specialty businesses has shifted, as convenience stores Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS Page 20 have been replaced by restaurants and bars. The proliferation of financial services, limited financial services, and professional services has also upset the district's balance of uses. The relocation of business and professional offices from downtown to North Beach threatens the loss of upper-story residential units. 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 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. In keeping with the district's existing mixed-use character, housing development in new buildings is encouraged above the ground floor. Existing residential units are protected by Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS Page 21 prohibitions of upper-story conversions, mergers, removals, and demolitions. Per Section 207.1 of this Code, Accessory Dwelling Units are permitted within the existing building envelope, but may not eliminate or reduce ground-story retail or commercial space. Table 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Zoning Category § References Controls * * * * NON-RESIDENTIAL STANDARDS AND USES Development Standards * * * * Use Size §§ 102, 121.2, 780.3(c)(3),. P up to .J-,9!)9 2, 000 square feet; C 121.5 2,0010 square feet w 3,999 squ€l,-efeet; NF 4,().().(). sqitarefeei and above. {1Q)_ Speeiell:J,· Greee,,y 'tffle -si¼eU r10l e.~eed- 9 ld-se $.i:e ef-,1, ()()() sq !~are feel wUhi;it ihe ,Verth Beach Speeiel Use District.(5) DivisiQn o{_large use sizes e.er f 121.5. * * * * * Not listed below * * * * (5) NORTH BEACH SPECIAL USE DISTRICT (Section 780.3): Restaurants, Limited Restaurants and Bars may be permitted as a Conditional Use on the First Story through the procedures set forth in Section 303 only if the Zoning Administrator first determines that the proposed new Restaurant, Limited Restaurant, or Bar would occupy a space that is currently or was last legally occupied by one of the uses described below; provided that its last use has not been discontinued or abandoned pursuant to Sections 186.1 (d) or 178(d) of this Code and that the proposed new use will not enlarge the space; and provided further that no Conditional Use shall be required if the use remains the same as the prior authorized use, with no enlargement or intensification of use: Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS Page 22 (A) A Bar may occupy a space that is currently or last legally occupied by a Bar; (B) A Restaurant may occupy a space that is currently or was last legally occupied by a Restaurant or Bar; and (C) A Limited Restaurant may occupy a space that is currently or was last legally occupied by a Limited Restaurant, Restaurant or Bar. (D) Except as provided herein, no other use shall be allowed to convert to a Limited Restaurant, Restaurant or Bar. * * * * (10) Per the North Beach Special Use District in Section 780.3(c)(3) of this Code, Specialty Grocery use shell not exeeed e ·with a Non-Residential Use Size ef larger than 1,000 square feet requires Conditional Use authorization in erder Jo presen•e and ~~qaimaiR the district 's smell scale, fine grein slorcfronts. * * * * SEC. 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Zoning Category § References * * * * NON-RESIDENTIAL STANDARDS AND USES (7) Development Standards * * * * Use Size §§ 102, 121.2, 121.5 Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS Controls P up to 4-,9-9!) 2,000 square feet; C 2,0010 t-e J,999 squerefeet; NP 4,000 square feet and above,. (2) Division o[..large use sizes 12.er ~ 121. 5. Page 23 * * * * * * * * (2) USE SIZE EXEMPTION: Per Planning Code Section 121 .2(a), a Conditional Use Authorization is not required for any Limited Restaurant use that relocates within the Polk Street NCO, and is designated as a Legacy Business as of the effective date of the ordinance in Board File No. 240411. Per Plam1.if1.g Cede Section l21.2(h), Use Size s,",9/d generally 1,z0t exceed if, 000 squffi•efeet e.wepl that a 1~fovte The9ler 85 defined in Section 102 mey eNeeed 4, 000 sqMare feet. In additi0n, the enlarge,-nent efan existing Ge)'ierel Groee,•7• we on the same Lot, end .in essoeia.'ifm 11vith the repleeement ofe Legecy Bwiness 1-hat is Q/so a General Grocery· use, nuzy &ceed 4,000 square feet. * * * * SEC. 729. WEST PORTAL AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * The West Portal Avenue District controls are designed to preserve the existing family- oriented, village character of West Portal Avenue. The building standards limit building heights to 26 feet and two stories and maintain the existing pattern of rear yards at the ground level and above. The height, bulk and design of new development, especially on large lots, should respect the small-scale character of the district and its surrounding residential neighborhoods. Lot mergers creating large lots are discouraged. Individual nonresidential uses require conditional use permits above 2,500 square feet and ere resh'ieteti ffl 4,000 SfJ~tere feet es an e-hs0h,r-e limit to conform with the e::istfrig SR'iall use si=es ii? the district. * * * * Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS Page 24 Table 729. WEST PORTAL AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Zoning Category § References Controls * * * * NON-RESIDENTIAL STANDARDS AND USES Development Standards * * * * P up to 2,50049-9 square feet; Use Size §§ 102, 121.2,121.5 C 2,5010 t-o 3,999 square feet;'-N:P 4, 000 square feel and above. Division of large use sizes e_er §_ 1 21. 5. * * * * * * * * SEC. 758. REGIONAL COMMERCIAL DISTRICT. * * * * Table 758. REGIONAL COMMERCIAL DISTRICT ZONING CONTROL TABLE Zoning Category § References * * * * NON-RESIDENTIAL STANDARDS AND USES Development Standards * * * * Use Size f§ 102, 121.2, 121.5 * * * * * * * * Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS Controls Pup to 10,000 square feet; C 10,001 square feet and above,_.; NP abe-Pe 25, 000 S€J'bl:8re feet exeeptfer &heels and Chikl Gere ,.~e#Uies Division o[_large use sizes e_er§..121.5. Page 25 SEC. 780.3. NORTH BEACH SPECIAL USE DISTRICT. * * * * (c) Controls. The following provisions shall apply within such District: * * * * (3) Storefronts. To preserve and maintain the District's small-scale, fine grain storefronts, (A) the consolidation or merger of existing retail or commercial spaces or storefronts is prohibited, and (B) Specialty Groceries shall ,wt exeeed with a Non-Residential Use Size ef larger than 1,000 square feet shall require Conditional Use authorization. * * * * Section 4. Non-Residential Use Size in Article 7 Zoning Control Tables. Article 7 of the Planning Code is hereby amended by revising the Zoning Control Tables for Sections 710-714, 716-721, 724-728, 730-746, 750-757, and 759-764, under the Non-Residential Standards and Uses heading and the Development Standards subheading, in the Controls column of the Use Size row, to read as follows, as further shown in the Sample Zoning Control Table below: Planning Code Section Old Text Controls SEC. 710. NC-1 - P up ,t0 2, 999 squeli"e fee.'; C Neighborhood Commercial 3,000 sq1,1:are feet and 8:80\'C Cluster District. SEC. 711. NC-2 - Small- P up !e> 3,999 square feet; C Scale Neighborhood 'I, 0()0 square feel a,ui Commercial District. ahe,;e SEC. 712. NC-3 - Moderate- Pup 105,999 squarefeet; C Scale Neighborhood 6, 0()() sqt1are feel aiul ah0w Commercial District. Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS New Text Controls P U[l. to 3. 000 square {get; C 3,001 SC£UClre {get and above P u12.. to 4, 000 square &et: C 4.001 square &et and above P u12. to 6,000 square [§,et: C 6.001 square &et and above Page 26 SEC. 713. NC-S - P up to 5,999 squcwe feet; C Neighborhood Commercial 6, 000 sqt1are fee.' and dbove Shopping Center District. SEC. 714. Broadway P t{p t0 2,999 square feet: C Neighborhood Commercial 3,000 square fee! and cibo~•e District. SEC. 716. Inner Clement P t{jJ t-0 2, '199 squere fee/; C Street Neighborhood 2,500 square feel and above Commercial District. SEC. 717. Outer Clement P t{jJ to 1, 199 S€fucwe feet; C Street Neighborhood 2,500 sqt.ta-re feet and Commercial District. €l8fWC SEC. 718. Upper Fillmore P up :o 2, /99 squere feet: C Street Neighborhood 2,500 sqc1are feet cmd a.bore Commercial District. SEC. 719. Haight Street P i1p to ? ,,99 r;quc.·re ~e 1• C l - , fl" • ... J 1. Neighborhood Commercial ?,500 !ffJUare fee.' ami District. €l80'rC SEC. 720. Excelsior Outer P up ,'0 5,999 squere feet; C Mission Neighborhood 6,000 squCfre J~et and c1bove Commercial District. SEC. 721. Japan town P ·up .'o 2, 199 squc:u feet; C Neighborhood Commercial 2,500 squerefeel and ab01·e District. SEC. 724. Sacramento P up to 2, r/99 squarefeet; C Street Neighborhood 2,500 squarefee.' €t1'l:d Commercial District. Cl00're SEC. 725. Union Street P up t0 2, ,,t99 Sf[IH?tre feel: C Neighborhood Commercial 2,500 squarefeet emcl ab0ve District. SEC. 726. Pacific Avenue Pup to 1,999 square.fee:; C Neighborhood Commercial 2,000 square.feel ami District. Cl00'P'e SEC. 727. Lakeside Village P u-p to 2,999 square feet; C Neighborhood Commercial 3,000 square J~et and ehove District. SEC. 728. 24th Street - Noe Pup 10 2 "'99 squtre '"ee'· C :1 l I r I' J' ~, Valley Neighborhood 2. 5 00 squc1re feet cmcl c1hove Commercial District. Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS P u12. to 6,000 square fj.et; C 6.001 sg_uare '[get and above P Uf2. to 3. 000 square (get,· C 3,001 square '{get and above P Uf2. to 2.500 square (§et; C 2,501 SC[uare {'get and above P u12. to 2,500 square feet: C 2.501 square (get and above Pue. to 2,500 sctuare (get: C 2.501 square {'get and above P u12. to 2.500 square &et; C 2,501 square {§et and above P u12. to 6. 000 square (get; C 6,001 SC[uare {get and above Pue to 2.500 square '{get: C 2.501 square (get and above P Uf2. IO 2.500 sctuare {§et: C 2.501 square &et and above P u12. to 2,500 square (get: C 2.501 sctuare {§et and above P U(Z. to 2. 000 square (get,· C 2,001 square (§et and above P u12. to 3.000 sg_uare {get: C 3.001 square (get and above P u12. to 2.500 square (get: C 2.501 square {get and above Page 27 SEC. 730. Inner Sunset 0 ip •e :2 199 sqz•are .fee•· C 1. , r - , r l J i , Neighborhood Commercial 2,500 sqt1cwefee: and above District SEC. 731. Noriega Street P 1:ifJ J0 3,999 scrucwefee.'; C Neighborhood Commercial i, 000 squarefeet cmd abore District. SEC. 732. Irving Street Pup ffJ 3,999 SCJ:Uare fee/; C Neighborhood Commercial l, 000 squcwefect and ab0ve District. SEC. 733. Taraval Street Pup to 3,999 square feet; C Neighborhood Commercial I, 000 SCJUClrefeet and Cfhove District. SEC. 734. Judah Street P up :0 3,999 S€JH6lre fee.t,· C Neighborhood Commercial !, 000 squcwefee: ar1d abm·e District. SEC. 735. Inner Balboa P up ffJ 3,999 squcwe feet; C Street Neighborhood I, 000 sq1;1CFrefeet and ebf:J\'C Commercial District. SEC. 736. Outer Balboa P up lo 3,999 square feet; C Street Neighborhood !, 000 sq1:1e-re feet and above Commercial District. SEC. 737. Bayview P t,p l0 5,999 S(Jucu-efeet; C Neighborhood Commercial (j, 00() square fee.' and c1b0ve District. SEC. 738. Cortland Avenue Pup to 3,999 SfJ:Uare.feet; C Neighborhood Commercial !, 000 square.fee,' and ab0ve District. SEC. 739. Geary Boulevard P ~IP !0 5,999 square feet; C Neighborhood Commercial 6, 0()() square feel CHUI, abo\·e District. SEC. 740. Mission Bernal P up lo 5,999 square J-leet; C Neighborhood Commercial (j, 000 square fee.' and abo·.·e District. SEC. 741. San Bruno Pup lo 3,999 squa,•·efeet; C Avenue Neighborhood /, 000 squerefee: a1~cl abo·:e Commercial District. SEC. 742. Cole Valley P up 10 2,999 square J-leet; C Neighborhood Commercial 3, OOQ square feet tmd above District. Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS Pup to 2,500 square feet: C 2,501 square feet and above P u12. to 4,000 square {iel: C 4. 00 I square {§et and above P U[2 to 4,000 square (get: C 4. 001 square [§et and above P u12. to 4.000 square (get: C 4,001 square {§et and above P u12. to 4.000 square &et: C 4.001 square feet and above P u12. to 4,000 sg_uare &et: C 4. 001 sctuare teet and above P lll2 to 4. 000 square {§et: C 4. 00 I square fiet and above P Uf2. to 6. 000 square (get; C 6,001 square feet and above P U[l_ to 4. 000 square {§et: C 4.001 sctuare &et and above P Uf2. to 6,000 square {iet: C 6. 001 sg_uare {§et and above P ll{2 to 6. 000 square {get; C 6,001 square feet and above P Uf2. to 4.000 square feet: C 4.001 sctuare {get and above P u12. to 3. 000 scluare &et; C 3,001 square fiet and above Page 28 SEC. 743. Lower Haight P up to 3,999 S€Jblewe .feet; C Street Neighborhood !, 00() sq1;1e,··efeet cmd ctbove Commercial District. SEC. 744. Lower Polk Street P tlfJ to 5,999 squerefeet; C Neighborhood Commercial 6, 000 square feel and abo-,.;,e District. SEC. 745. Inner Taraval P up w 3,999 sql:tare feet; C Street Neighborhood I, 000 sqtw,··e feet e1nd c:bo,·e Commercial District. SEC. 7 46. Leland Avenue P up 10 3,999 sq1:1are fee.'; C Commercial District. ·( (}.(}.{) 5·qt1ewe feet eml- eluwe SEC. 750. NCT-1 - P ·up lo 2,999 sqtrcwe feet; C Neighborhood Commercial 3, 00(}. s·q!wre feet end above Transit Cluster District. SEC. 751. NCT-2 - Small- P 1:fJJ i'o 3,999 square feet; C Scale Neighborhood 1, (}.00 S€Jliare feet cmd abo•,,e Commercial Transit District. SEC. 752. NCT-3 - P up to 5,999 sqt1are feet; C Moderate-Scale 6, (}.OO square feet and above Neighborhood Commercial Transit District. SEC. 753. Soma P ttp to 3,999 sqt:tClrefeet; C Neighborhood Commercial !, 000 squcwe feet and above Transit District. SEC. 754. Mission Street P up to 5,999 square feet; C Neighborhood Commercial 6, 000 squarefeet and abore Transit District. SEC. 755. Ocean Avenue P up fo 3,999 SEfbletrefeet; C Neighborhood Commercial '/, 000 squa,··e feet and above Transit District. SEC. 756. Glen Park Pup f:e 3,999 sq-uere f:"eet; C Neighborhood Commercial 1, 000 sq1;1cwe fee.' and ebo-;e Transit District. SEC. 757. Folsom Street Pup lo 3,999 squce·efee!; C Neighborhood Commercial '/, 000 square feet m1d above Transit District. SEC. 759. Divisadero Street P up t-o 3,999 Sffuer-e feet; C Neighborhood Commercial 1, 000 Sff t1are feet and Transit District. abfwe Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS P u12. to 4.000 sctuare {§et: C -I. 001 square {§et and above P u12. to 6.000 square {§et: C 6.001 square &et and above P u12. to 4.000 square fret: C 4.001 SC£Uare {§et and above P u12. to 4. 000 square fret,· C 4,001 square {§et and above P Uf2. to 3.000 square fiet; C 3,001 sctuare &et and above P u12. to 4. 000 square {§el: C -I. 001 sg_uare {eet and above P u12. to 6. 000 sctuare &et: C 6,001 square &et and above P u12. to 4. 000 square {§et: C 4. 001 sczuare (§et and above P u12. to 6. 000 square &et,· C 6,001 sctuare {§et and above P Uf2 to 4. 000 square {§et; C 4. 001 SC£Uare {eel and above P llf2. l0 4,000 square &et: C 4,001 square &et and above P Uf2 to 4. 000 square &et: C 4.001 square &et and above P u72 to 4,000 square &et; C 4.001 sguare {§et and above Page 29 SEC. 760. Fillmore Street P ttp ~o 5,999 square.feet C P u72. to 6.000 sg_uare &et: C 6.001 Neighborhood Commercial 6, 000 square feel and abevc square &et and above Transit District. SEC. 761. Hayes-Gough P l:lfJ ~o 2,999 square.feet; C P up to 3. 000 SC£Uctre [§et: C 3.001 Neighborhood Commercial 3. 000 square feet and eborc square &et and above Transit District. SEC. 762. Valencia Street P tip .to 2,999 squ0refcet: C P u72. to 3.000 square (§et: C 3.001 Neighborhood Commercial 3,000 S(jbi'CH"C Jee! cmcl 61.bo·.ie square &et and above Transit District. SEC. 763. 24th Street - P up 10 J, ·/99 square.feet; C P Uf2. to 2,500 square &et,· C 2,501 Mission Neighborhood 2,50() sq'bi•cwc feet and abo,.,e sctuau {§et and above Commercial Transit District. SEC. 764. Upper Market P l:lfJ fO 2,999 square feet,· C P Uf2. IO 3.000 square fret: C 3.001 Street Neighborhood 3. 000 SCJ'Uare feet cmd ebrne square (§et and above Commercial Transit District. [Sample Table] Table [ ]. [ ] DISTRICT ZONING CONTROL TABLE * * * * * * * * Zoning Category § References Controls NON-RESIDENTIAL STANDARDS AND USES Development Standards * * * * Pt1pt0{ 1 56Jl'fJ'"e-feet· C r y t i J I L )square Use Size * * * * feet and abo,;e P up to f l square &et: C r l square &et and above * * * * Section 5. Non-Residential Use Size in Article 2 and 8 Zoning Control Tables. Articles 2 and 8 of the Planning Code are hereby amended by revising the Zoning Control Tables for Sections 210.1, 210.2, 827, 829, 831, 832, and 834, under the Non- Residential Standards and Uses heading and the Development Standards subheading, in the Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS Page 30 § References column and Controls column of the Use Size row, to read as follows, as further shown in the Sample Zoning Control Table below: Planning Code Use Size Section Row SEC. 210.1. C-2 Use Size Districts: Community Limits Business SEC. 210.2. C-3 Use Size Districts: Downtown Limits Commercial SEC. 827. Rincon Use Size Hill Downtown [Non- Residential Mixed Residential] Use District (RH- DTR) SEC. 829. South Use Size Beach Downtown [Non- Residential Mixed Residential] Use District (SB- DTR) SEC. 831. Mixed Use Size Use - General Limits Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS Revised Text Revised Text for [District] for Controls § References §§ 121.6; 121.5 C required for single Retail Use greater than 50,000 gross square feet. NP above 120,000 gross square feet. Division o[_large use sizes eer §: 121.5. §§ 121.6,· 121.5 C required for single retail use over 90,000 gross square feet. Single Retail Uses in excess of 120,000 gross square feet that sell groceries; contain more than 20,000 Stockkeeping Units (SKUs); and devote more than 5% of its total sales floor area to the sale of non- taxable merchandise are NP. Division o[large use sizes eer § 121.5. §§ 890.130; P for non-residential uses up to 121.5, 145.14 25,000 sq. ft., C above. No individual ground floor tenant may occupy more than 75' of frontage for a depth of 25' from Folsom Street. §§ 145.14. Division o[large use sizes {2_er § 121.5. §§ 890.130,:_ P for non-residential uses up to 121.5 25,000 sq. ft., C above. Division of large use sizes 12.er fl2 1.5. §§ 121.6,· 121.5 C required for single retail use over 50,000 gross square feet. Single Retail Uses in excess of 120,000 gross square are NP. Division of large use sizes e.er § 121.5. Page 31 SEC. 832. Mixed Use Size §§: 121.6,· 121.5 C required for single retail use over Use - Office Limits 50,000 gross square feet. Single Retail Uses in excess of 120,000 gross square feet are NP. Division of large use sizes f2.er ~ I 21. 5. SEC. 834. Use Size §§: 121.6,· 121.5 C required for single retail use over Residential Enclave Limits 50,000 gross square feet. Division of District large use sizes f2.er f 121.5. [Sample Table] Table [ ]. [ ] DISTRICT ZONING CONTROL TABLE * * * * * * * * Zoning Category § References [District] Controls NON-RESIDENTIAL STANDARDS AND USES Development Standards * * * * Use Size * * * * * * * *; 121.5 * * * * Division o[.large use sizes eer { 121. 5 * * * * Section 6. Effective Date. This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance. Section 7. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS Page 32 Code that are explicitly shown in this ordinance as additions, deletions, Board amendment additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the ordinance. APPROVED AS TO FORM: DAVID CHIU, City Attorney By: /s/ HEATHER GOODMAN HEATHER GOODMAN Deputy City Attorney n:\legana\as2025\2500199\01858102.docx Supervisors Melgar; Sherrill, Sauter, Dorsey BOARD OF SUPERVISORS Page 33 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 250634 Date Passed: September 02, 2025 Ordinance amending the Planning Code to eliminate limits on Non-Residential Use Sizes in the Pacific Avenue Neighborhood Commercial District (NCO), Polk Street NCO, West Portal Avenue NCO, North Beach NCO and North Beach Special Use District, Regional Commercial Districts, and Residential-Commercial District; allow specified Non-Residential Uses that exceed the Use Size limits to divide into smaller spaces that may continue to exceed the Use Size limits, without conditional use authorization; adjust the Use Size limit in all NCDs to a round number; affirming the Planning Department's determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101 .1; and making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. July 28, 2025 Land Use and Transportation Committee - DUPLICATED July 28, 2025 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE July 28, 2025 Land Use and Transportation Committee - REFERRED WITHOUT RECOMMENDATION AS AMENDED AS A COMMITTEE REPORT July 29, 2025 Board of Supervisors - NOT CONTINUED ON FIRST READING Ayes: 4 - Chan, Chen, Fielder and Walton Noes: 7 - Dorsey, Engardio, Mahmood, Mandelman, Melgar, Sauter and Sherrill July 29, 2025 Board of Supervisors - PASSED ON FIRST READING Ayes: 9 - Dorsey, Engardio, Fielder, Mahmood, Mandelman, Melgar, Sauter, Sherrill and Walton Noes: 2 - Chan and Chen September 02, 2025 Board of Supervisors - FINALLY PASSED City and County of San Francisco Ayes: 9 - Dorsey, Engardio, Fielder, Mahmood, Mandelman, Melgar, Sauter, Sherrill and Walton Noes: 2 - Chan and Chen Page I Printed at 12:05 pm on 913/25 File No. 250634 City and County of San Francisco Daniel Lurie Mayor Page2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 9/2/2025 by the Board of Supervisors of the City and County of San Francisco. ~~ Angela Calvillo Clerk of the Board Cl. S". zc,2< Date Approved Printed aJ 12:05 pm on 9/3/25