o0217-25

FILE NO. 250682 AMENDED IN COMMITTEE 10/27/2025 ORDINANCE NO. 217-25 [Planning Code; Zoning Map - Consolidating the North Beach Special Use and Neighborhood Commercial Districts and Expanding Allowable Uses and Use Size Limits in Certain Zoning Districts] Ordinance amending the Planning Code to: 1) eliminate the North Beach Special Use District and consolidate certain controls into the North Beach Neighborhood Commercial District, expand allowable uses and increase use size limits in the North Beach Neighborhood Commercial District, 2) expand allowable uses and increase use size limits in the Polk Street Neighborhood Commercial District, 3) expand allowable uses in the Pacific Avenue Neighborhood Commercial District, 4) expand allowable uses and increase use size limits in the Nob Hill Special Use District, and 5) reduce limitations on Restaurants and Bars in the Jackson Square Special Use District; amending the Zoning Map to reflect removal of the North Beach Special Use District; 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 under 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 italics Times ll/e,F 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 Supervisor Sauter BOARD OF SUPERVISORS Page 1 Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of Supervisors in File No. 250682 and is incorporated herein by reference. The Board affirms this determination. (b) On September 25, 2025, the Planning Commission, in Resolution No. 21822, 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. 250682, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board of Supervisors finds that the actions contemplated in this ordinance will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 21822, and adopts 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. 250682, and is incorporated herein by reference. Section 2. Article 1 of the Planning Code is hereby amended by revising Section 102, to read as follows: SEC. 102. DEFINITIONS. For the purposes of this Code, certain words and terms used herein are defined as set forth in this and the following sections. Additional definitions applicable to Signs are set forth in Section 602. Additional definitions applicable to development impact fees and requirements that authorize the payment of in-lieu fees are set forth in Section 401. Additional definitions applicable only to Downtown Residential Districts are set forth in Section 890. Additional definitions applicable only to the l'.Torth Beach Neighborhood Commercial District and the North Betwh Special Use District are set forth il'l Section 780.3. Additional definitions applicable only to the Bernal Heights Special Use District are set forth in Section 242. Additional definitions Supervisor Sauter BOARD OF SUPERVISORS Page 2 applicable only to Article 9, Mission Bay Districts, are set forth in Section 996. All words used in the present tense shall include the future. All words in the plural number shall include the singular number, and all words in the singular number shall include the plural number, unless the natural construction of the wording indicates otherwise. The word "shall''. is mandatory and not directory. Whenever any of the following terms is used it shall mean the corresponding officer, department, board or commission or its successor of the City and County of San Francisco, State of California, herein referred to as the City: Assessor, Board of Supervisors, Planning Department, Department of Public Works, Director of Planning, Planning Commission, or Zoning Administrator. In each case, the term shall be deemed to include an employee of any such officer or department of the City who is lawfully authorized to perform any duty or exercise any power as a representative or agent of that officer or department. * * * * Restaurant, Limited. A Retail Sales and Service Use that serves ready-to-eat foods and/or drinks to customers for consumption on or off the premises, that may or may not have seating. It may include wholesaling, manufacturing, or processing of foods, goods, or commodities on the premises as an Accessory Use as set forth in Sections 204.3 or 703(d), 803.2(d), 803.3(b)(1 )(C) and 825(c)(1 )(C) depending on the zoning district in which it is located. It includes, but is not limited to, foods provided by sandwich shops, coffee houses, pizzerias, ice cream shops, bakeries, delicatessens, and confectioneries meeting the above characteristics, but is distinct from a Specialty Grocery, Restaurant, and Bar. Within the lvorth Beach SUD, it is also distinctfrom Specialty Food A{amffacturing, as defined in Section 780.J(b). It shall not provide on-site beer and/or wine sales for consumption on the premises, but may sell beer and/or wine for consumption off the premises with a California Alcoholic Beverage Control Board License type 20 (off-sale beer and wine), if all areas devoted to the display and Supervisor Sauter BOARD OF SUPERVISORS Page 3 sale of alcoholic beverages occupy less than 15% of the Occupied Floor Area of the establishment. Such businesses shall operate with the specified conditions in Section 202.2(a)(1 ). Section 3. Article 1.2 of the Planning Code is hereby amended by revising Sections 121.2 and 145.4, 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 Use Sizes 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(b). The Non-Residential Use Size shall be measured as the Gross Floor Area for each individual Non- Residential Use. District Use Size Limits Castro Street 2,000 sq. ft. ,\T.er-th Beeeh Pacific Avenue Pet,'f Str-eet** * * * * NC-1, NCT-1 3,000 sq. ft. Broadway Hayes-Gough North Beach Polk Street** Supervisor Sauter BOARD OF SUPERVISORS Page 4 Upper Market Street Valencia Street * * * * * * * * SEC. 145.4. REQUIRED GROUND FLOOR COMMERCIAL USES. (a) Purpose. To support active, pedestrian-oriented commercial uses on important commercial streets. (b) Applicability. The requirements of this Section 145.4 apply to the following street frontages. * * * * (27) The entirety of the North Beach Neighborhood Commercial District-end North Beach Special Use District; * * * * Section 4. Article 1. 7 of the Planning Code is hereby amended by revising Section 186, to read as follows: 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: * * * * (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 Supervisor Sauter BOARD OF SUPERVISORS Page 5 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 North Beach Special UseNeighborhood Commercial District set forth in Section 780.3722 of this Code; and the Third Street Formula Retail Restricted Use District set forth in Section 786 of this Code. * * * * Section 5. Article 2 of the Planning Code is hereby amended by revising Sections 201, 238, and 249.25 to read as follows: SEC. 201. CLASSES OF USE DISTRICTS. * * * * Neighborhood Commercial Special Use Districts (Defined in Sec. 702.2) Lakeshore Plaza Special Use District (Defined in Sec. 780.1) Bayshore-Hester Special Use District (Defined in Sec. 780.2) Mission-Harrington Special Use District (Defined in Sec. 780.4) 1Vorth Beach Special Use District (Defined in Sec. 780. 3) 1800 Market Community Center Project Special Use District (Defined in Sec. 787) * * * * SEC. 238. NOB HILL SPECIAL USE DISTRICT. (a) A Hotel, as defined in Section 102 of this Code, may be permitted by the Planning Commission as a eConditional ttUse under Section 303 of this Code. (b) In connection with any permitted pfrincipal Use or eConditional ttUse located in such Special Use District, incidental eCommercial ttUses may be permitted by the Planning Commission as a eConditional ttUse under Section 303 of this Code, if designed primarily for Supervisor Sauter BOARD OF SUPERVISORS Page 6 occupants of and visitors to the use to which they are incidental, accessible to the general public only from within the building, and not identified outside the building by means of any sign or signs. (c) A Private Community Facility as defined in Section 102 of this Code, and that is not operated as a gainful (for-profit) business may be permitted by the Planning Commission as a eConditional ttUse under Section 303 of this Code. (d) Eating and Drinking uses as defined in Section 102 of this Code, with the exceptiow of Eating and Drinking uses that are also defined as ,f/'ormula Retail may be permitted by the Planning Commission as a eConditional ttUse under Section 303 of this Code, except that Limited Restaurant uses as defined in Section I 02 of this Code shall be permitted as Principal Uses and any Eating and Drinking uses that are also defined as Formula Retail are not permitted. The limitations on design, accessibility, and identification set forth in S~ubsection (b) above shall not apply to such uses hereby permitted. ( e) Arts Activities uses as defined in Section 102 of this Code shall be principally permitted on the first floor and as a Conditional Use under Section 303 o[this Code on the second floor and above. {fl Signage for pfrincipal permitted uUses or for Eating and Drinking uses within the Nob Hill Special Use District shall be limited as per Section 606 of this CodeL with the exception that projecting s~igns in the form of sign copy on eCanopies and ajwnings shall be permitted for Eating and Drinking uses in lieu of wWall s~igns unless otherwise limited as a condition of approval of a eConditional ttUse authorization. (fg) An existing Retail Professional Service, as defined in Section 102 of this Code, that has operated without the benefit of a permit prior to June 17, 2025, may be principally permitted and allowed to expand into another commercial space within the same structure. Such use shall not be required to be incidental to a Principal or Conditionally Permitted use on Supervisor Sauter BOARD OF SUPERVISORS Page 7 the site. Additionally, such use shall be exempt from the signage and public access restrictions of this SUD. iliL The various uses provided for in Subsections 238(a) through 238(e1) above are not permitted in any portion of a building that is devoted to a Dwelling Unit or to Group Housing as defined in Section 102 of this Code. SEC. 249.25. JACKSON SQUARE SPECIAL USE DISTRICT. In order to provide for the protection and enhancement of specialty retail and antique store uses in the Jackson Square area, there shall be established the Jackson Square Special Use District as designated on Sectional Map No. SU01 of the Zoning Map. The boundaries of this Special Use District shall be coterminous with the boundaries of the Jackson Square Historic District as established by Appendix B to Article 10 of this Code and further described in Section 3 of that Appendix, and shall also include Lot 4 of Block 195. The following provisions shall apply within the Jackson Square Special Use District: (a) Purposes. These controls are intended to protect and enhance the unique retail character of the Special Use District. All decisions of the Planning Commission and Department for the establishment of ground floor use shall be guided by the following factors: (1) Continuation and enhancement of existing ground floor retail uses are of critical importance to the character of the District and displacement of such uses should be discouraged; (2) Attraction and retention of similar new retail establishments that conform with the character of this District should be encouraged; and (3) Uses that greatly intensify the density of employment have a negative impact on the provision of neighborhood services, traffic circulation, and limited on- and off- street parking. Supervisor Sauter BOARD OF SUPERVISORS Page 8 (b) Controls. (1) General. The provisions of the C-2 ttS-e---dDistrict as established in {Section 210.:2-11 and applicable provisions of the Washington-Broadway Special Use Districts (Section 239), and the Chinatown Community Business District (Section 810), shall prevail except as provided in subsections paragraphs @(2) and @(3) ofthis Section 249.25 belmli. (2) Conditional Uses. (A) Office Uses, Business Services, and Institutional Uses. Office Uses, Business Services, and Institutional Uses, as defined in Section 102 of this Code, at the ground floor are subject to Conditional Use authorization pursuant to Section 303 of this Code,:, provided, however, that building lobbies, entrances, and exits to and from the basement, ground floor, or upper floors, and other reasonably-sized common areas at the ground floor shall be permitted without Conditional Use authorization. In addition to the findings required under Section 303(c) for Conditional Use authorization, the Commission shall make the following findings: (i) The use shall be necessary to preserve the historic resource and no other use can be demonstrated to preserve the historic resource. (ii) The use shall be compatible with, and shall enhance, the unique retail character of the District. (B) Restaurants, Limited Reslaurants, and Bars. Restaurant uses larger than 4.000 square feet Limited Restaurcmt~ and Bar uses larger than 4,000 square feet may be permitted as a Conditional Use on the First Story through the procedures set forth in Section 303L only if the Zoning Administrator first determines that the proposed new Restaumnt, Limited Restcmrant, or Bar would occupy a space that is Cttrrently or wa8 last legally occupied by one of the uses described below; provided that its last ctse has not been discontinued or abandonedpurs1;1ant to Sections 186.1 (d) or 178(d) a/this Code and that the proposed new use will not enlarge the space,· and Supervisor Sauter BOARD OF SUPERVISORS Page 9 providedfitrther that no Conditional Use authorization shall be required if the use remains the same as the prior authorized use, with no enlargement or intensification of use~+ (i) A Bar may occupy a space that is currently or last legally occupied by a Bar; (ii) A Restaurant may occupy a sp€tce tl,;at is currently or W€ts !£1st legally occupied by a Restaurant or Bar; and (iii) A Limited Restaurant may occupy a space that is currently or was last legally occupied by a Limited Restaurant, Restmtrant, or Bar. (iv) Except as provided herei/q, 1w other use shall be allowed to convert to a Limited RestBurant, Restaurant, or Bar. (CJ Exception for Certain Pr0posed Limited Restaurant Uses. A proposed Limited Restmtrant use is Princip€tlly Permitted, shall not be required to obtailq a Conditional Urn authorization pursuant to subsection (b)(2)(B) above, and shall not be subject to the limitation of subsection (b) (2) (B) (iii) abme if an application for a buildiNg permit 1qecessary for the establishment of trtwh use wasfiled with the City by July 19, 2018. (3) Prohibited Uses. Adult Businesses, as defined in Section 102 of this Code, are prohibited. Section 6. Article 3 of the Planning Code is hereby amended by revising Sections 303.2 and 304, to read as follows: SEC. 303.2. PRIORITY PROCESSING FOR CERTAIN USES IN COMMERCIAL SPACE: EXPEDITED CONDITIONAL USE REVIEW AND APPROVAL PROCESS AND REDUCED APPLICATION FEE. * * * * Supervisor Sauter BOARD OF SUPERVISORS Page 10 (c) Eligibility for Priority Processing. An application for a Conditional Use authorization qualifies for priority processing ("eligible application") pursuant to this Section 303.2 if it is seeking to establish, alter, enlarge, or intensify a commercial use on the first story or below, or on the second story where the commercial use would operate on both the first and second stories, in the subject building and if it complies with all of the following requirements: * * * * (9) ft is not within the }1/orth Beach l"leighborhood Commercial District, es described end set forth in Section 722, or the North Beach Special Use District, es described tmd set forth in Section 780. 3. * * * * SEC. 304. PLANNED UNIT DEVELOPMENTS. In districts other than C-3, the Eastern Neighborhoods Mixed Use Districts, the DTR Districts, or the North Beach Special UseNeighborhood Commercial District, the Planning Commission may authorize as Conditional Uses, in accordance with the provisions of Section 303, Planned Unit Developments subject to the further requirements and procedures of this Section 304. After review of any proposed development, the Planning Commission may authorize such development as submitted or may modify, alter, adjust or amend the plan before authorization, and in authorizing it may prescribe other conditions as provided in Section 303(d). The development as authorized shall be subject to all conditions so imposed and shall be excepted from other provisions of this Code only to the extent specified in the authorization. * * * * Supervisor Sauter BOARD OF SUPERVISORS Page 11 Section 7. Article 7 of the Planning Code is hereby amended by revising Sections 703, 722, 723, 726, and 780.3, to read as follows: 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. Parcel Delivery Service, as defined in Section 102 of the Planning Code, for merchandise or products other than cannabis and cannabis products is not allowed as an accessory use to any other principal use. No Use will be considered accessory to a permitted Principal or Conditional Use that involves or requires any of the following: * * * * (3) The wholesaling, manufacturing, or processing of foods, goods, or commodities on the premises of an establishment that does not also use or provide for retail sale of such foods, goods, or commodities at the same location where such wholesaling, manufacturing, or processing takes place, with the following exceptions: Supervisor Sauter BOARD OF SUPERVISORS Page 12 (A) !n the North Beach Special Use District where such activities are limited to 15% of the total.floor area occupied by the PriJ-wipal or Conditio,'"1:al Use to which it is accessory unless the Principal or Conditional Use is Specialty Foods Manufacturing as defined in Section 780. 3 of this Code; and ~except that NI:Iotwithstanding the floor area limitation in subsection (d)(1 ), a Catering Use limited to food and beverage Catering shall be permitted as an Accessory Use to Restaurants and Limited Restaurants if the following requirements are met: (.f.A.) The Catering Use does not operate more than 75% of the total time within the Restaurant's or Limited Restaurant's Hours of Operation on any given day; and (.f.i.!.l.) The Catering Use does not distribute or deliver individual meals to customers directly from the subject lot, either by its own means, or through a third-party delivery service. * * * * 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 have been replaced by restaurants and bars. The proliferation of financial services, limited Supervisor Sauter BOARD OF SUPERVISORS Page 13 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. The protection and enhancement of the unique architectural, cultural, and historic character of North Beach shall be prioritized. 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. Special controls limit Health Services to small neighborhood-serving medical and dental services, while large-scale medical facilities are prohibited. 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 prohibitedis restricted, 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. To honor the importance of Legacy Businesses in the success of the neighborhood, special controls are in place to prevent the replacement of an active Legacy Business with a non-Legacy Business. In order to maintain neighborhood- serving retail sales and personal services and to protect residential livability, additional e-ating and drinkiJ1g establishmentsRestaurants and Bars are prohibited in spaces that have been occupied by neighborhood-serving retail sales and personal services. Special controls prohibit new ,valk 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 Supervisor Sauter BOARD OF SUPERVISORS Page 14 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 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 North Beach NCD Zoning § References Controls Category BUILDING STANDARDSJ1Z2. * * * * Street Frontage and Public Realm * * * * Ground Floor §§ 145.4, 780.3 Required within the entire District. Commercial Gerifrel:itltltieri efgr-euml:fl,eer- Re1'eil: er- Gemmereiel s-peees is -pr-ehieited. * * * * RESIDENTIAL STANDARDS AND USES * * * * Loss of Dwelling Units Control by Story 1st 2nd 3rd+ Residential §§ 317, 780.3(c)(/) C NP NP Conversion Supervisor Sauter BOARD OF SUPERVISORS Page 15 1 1 Residential §§ 317, 780.3(c)(4) C NP NP Demolition and Merger NON-RESIDENTIAL STANDARDS AND USES_il_fil Development Standards Floor Area §§ 102, 123, 124 1.8 to 1 Ratio Use Size §§ 102, 121.2, 780.3(c)(3), P up to ~3.000 square feet; C &,GG-43,001 121.5 square feet and above. (10) (5) Division of large use sizes per§ 121.5. * * * * Storefront § 780.3(c)(3) Storefront mergers IV P-C up to 3,000 square feet,· Mergers GNP 3, 00 I sguare feet and above and $peeialty1 Grocery' use -sheU not eJfeeed- a &h,e $-i'Z:e o-jl, 000 square feet within the North Beech Special Use f)f.strict. Commercial Use Characteristics * * * * Walk-up § 102 NP (2) Facility Controls by Story 1st 2nd 3rd+ * * * * Sales and Service Use Category Retail §§ 102, 202.2(a), 202.3 P(10) P(10) NP Sales and Service Uses* * * * * Bar §§ 102, 202.2(a), 780.3 C(5)fef NP NP * * * * Flexible §§ 102, 202.9 NP NF-GNP NF-GNP Retail * * * * Restaurant §§ 102, 202.2(a), 780.3 C(5)fef NP NP Supervisor Sauter BOARD OF SUPERVISORS Page 16 Restaurant, §§ 102, 202.2(a), 780.3 GE_(J-) NP NP Limited * * * * Services, § 102 NFGNPfi-9t C C Health * * * * * Not listed below * * * * (2) NORTH BEACH WALK UP FACILITIES: Walk-up facilities are NP in the District, irwluding except automated bank teller machines (ATMs) ~which are NP. (3) [Note deleted.] (4) [Note deleted.] (5) l"lORTHBEACHSPECL4L USE DISTRICT (Section 780.3): Restaurants, LimitedRestcwrants 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, Li.'-nited Restaurcmt, 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: (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 Limited Restaurant, Restaurant or Bar; and (C) A Limited Restaurant may occupy a space that is currently or ~1·as !£1st legally occupied by a Limited Restaurant, Restcwrant or Bar. Supervisor Sauter BOARD OF SUPERVISORS Page 17 ----ff» Except as provided herein, no other use shall be allowed to convert to a Limited Restaurant, Restaurant or Bar (6) NORTHBEACHLIQUOR L!CEPlSESFOR RESTAURANTS (Section 780.3): A Restaurant Urn may ol'lly add ABC lice11se t)lJes 02, 23, 11, 17, 19, 59 or 75 as tt Conditional Use on the F'irst Story ~l in additio11 to the criteria setforth in Section 303, the Planning Commission finds that the Restaurant is opcrati11g as a Bo11a F'ide Eating Place as defined in Section 102. Should a Restaurant .fail to operate as a Bmw F'ide Eating Place for any length of time, the C011ditional Use authori::,ation shall be subject to hnmediate revocation. To verffj,i #wt tJw Restaurant is continuing to operate as a Bona F'ide Eati,"lg Place, records oft he Restaurant's gross receipts or gross sales shall be provided to the DepttrtnwNt upon request. All records and i11formation shall be submitted to the Department under penalty ofperjury. [Note deleted. 7 * * * * (10) Per the 11/orth Beach Special [lse District in Section 780.J(c)(J) erfthis Code, Specialty Grocery use shall not exceed tt Use Size &f 1, 000 square feet in order to preserre and maintai11 the district's sNw!l scale, fine grain storefi·onts. [Note deleted. 7 (11) GROUND FLOOR COMMERCIAL USES REQUIRED Boundaries: North Beach NCO Controls: Unless otherwise prohibited or limited by Section 780.3, Section 722, or any other section of this Code, to promote active, pedestrian-oriented streetscape, Active Commercial uses shall be required at the Ground Floor pursuant to Section 145.4. Per Section 145.4(c)(1 ), "active commercial uses" shall not include Automotive Uses except for Automobile Sale or Rental uses where curb-cuts, garage doors, or loading access are not utilized or proposed and such sales or rental activity is entirely within an enclosed building and does not encroach on surrounding sidewalks or open spaces. Supervisor Sauter BOARD OF SUPERVISORS Page 18 * * * * (17) Architectural and Cultural Heritage ofNorth Beach. Section 1 OJ. 1 o{the Planning Code includes the priority policy that historic buildings be preserved. The architectural and cultural character and features of existing hHistoric 'eBuildings shall be preserved and enhanced. The Historic Preservation Commission or its staff shall review any proposed alterations to -l=lHistoric aBuildings, as defined in section 102, and must determine that such alterations comply with the Secretary of1nterior ·s Standards for the Treatment of Historic Properties before the City approves any permits to alter such buildings. (18) Legacy Business: Where an immediately prior use 1'vas a Legacy Business, as defined under Administrative Code Section 2A.242. the controls require any new Non-Residential use to obtain Conditional Use authorization: provided, however, that this requirement shall not apply where: (A) the subiect non-residential space has had no occupant and has not been open to the public for three or more years from the date the application for the new use is filed, or (B) the Legacy Business has removed itsel(or has been otherwise removed fi·om the Legacy Business Registry. (19) Health Services permitted as a Conditional Use on the First Story up to 3,000 square feet; not permitted 3,001 square feet and above. SEC. 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * (b) Controls. * * * * (3) Merger of Storefronts Prohibited. To preserve and maintain the district's small- scale, fine grain storefronts, the consolidation or merger of existing ground floor retail or commercial spaces or storefronts shall be principally permitted up to 3,000 square feet and conditionally permitted at 3,001 square feet and abovcprohibited, except that two adjacent storefronts Supervisor Sauter BOARD OF SUPERVISORS Page 19 may· be consolidated or nwr1;ed if: (A) the storefronts are for a Legacy Business on a corner lot within the same building and Block and Lot nwnber, r:mdprovided that the comwlidation or nwrger &j storefronts would not result in Et use size in excess of the principally permitted use size within the Polk Street NCD, (B) tJze storefronts are merged by e General Grocery use in association with the replacement ofa Legacy Business thttt is also a General Grocery use, and the expansion of the General Grocery use is within a buildi1qg ON the stmw Lot, and is consistent with the size limitations in Section I 21. 2, or (CJ the storefronts are merged by a Limited Restaurant use that relocates within the Polk Street ,VCD, and is designated as a Legacy Business as of the effective date of the ordinance in Board File ,\To. 240UJ. * * * * Table 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Polk Street NCD Zoning § References Controls Category * * * * NON-RESIDENTIAL STANDARDS AND USES (7) Development Standards * * * * Use Size §§ 102,121.2, 121.5 P up to &,0003,000 square feet; C ~3.001 square feet and above. (2) Division of large use sizes per§ 121.5. * * * * Store-{j:ont § 102 Store-{j:ont mergers P ur2. to 3,000 Mergers sctuare -/§et; C 3,001 square &et and above. * * * * Controls by Story 1st I 2nd I 3rd Supervisor Sauter BOARD OF SUPERVISORS Page 20 1 1 * * * * Sales and Service Use Category Retail §§ 102, 202.2(a), 202.3 p p NP Sales and Service Uses* * * * * Services, § 102 NF-C(3) C C Health * * * * * Not listed below (1) Temporary closures of existing liquor establishments located within the Lower Polk Alcohol Restricted Use District for repair, renovation, or remodeling that meet the requirements of Section 788(d)(2)(B) shall not be considered enlargement, alteration, intensification, abandonment, or a change of use of a conditional use permit pursuant to Section 178 of this Code, provided that any demolition permits required for the repair, renovation, or remodeling work have been submitted by January 1, 2018. (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 Planning Code Section 121.2(b), Use Si::e shall generally J9ot exceed I, 000 square feet except tlwt a A1m·ie Theater as defi,"led il'l Section 102 may exceed I, 000 squttrcfeet. !J9 addition, t}w cn!-argnnent ofan existing General Grocery use on the same Lot, and in association with the replacement ofa Legacy Business that is also a General Grocery use, may exceed I, 000 square feet. (3) Principally permitted on properties that do not have any frontage on Polk Street, California Street, or Hyde Street. Supervisor Sauter BOARD OF SUPERVISORS Page 21 * * * * (7) REPLACEMENT OF LEGACY BUSINESSES REQUIRES CONDITIONAL USE AUTHORIZATION. Where an immediately prior use was a Legacy Business, as defined under Administrative Code Section 2A.242, the controls require any new Non-Residential Use to obtain Conditional Use authorization; this requirement shall not apply where: (A) the subject non-residential space has had no occupant and has not been open to the public for three or more years from the date the application for the new use is filed, or (B) where the Legacy Business has removed itself or has been otherwise removed from the Legacy Business Registry. * * * * SEC. 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Pacific Avenue NCD Zoning Category § References Controls * * * * NON-RESIDENTIAL STANDARDS AND USES .{fil * * * * Controls by Story 1st 2nd 3rd+ * * * * Sales and Service Use Category Retail Sales and §§ 102, 202.2(a), 202.3 p C NP Service Uses* * * * * Bar §§ 102, 202.2(a) NFGNP NP NP * * * * Supervisor Sauter BOARD OF SUPERVISORS Page 22 Flexible Retail I §§ 102, 202.9 INP I NFGNP I NFGNP * * * * Services, Health I§ 102 INFc le INFc * * * * * * * * SEC. 780.3. NORTHBEACHSPECL4L USEDISTRICT.(REPEALED.[ (a) Purposes. In order to (1) preserve and maintain the mix cmd variety of neighborhood serving retail sales andpersonal services ofa type that supplies commodities or Cfjfers personal services to residents &jl'lorth Beach cmd nearby neighborhoods; (2) presen;e cmd maintain the District's small scale, fine grain storcfi·o,qts,· (3) protect and encourage upper story Residential [hes,· (I) preserve and enhance the architectural and cultural heritage Cfj/llorth Beach,· and (5) preserve the contributions &/Legacy Businesses to the history and identity of North Beach, there shall be a North Beach Special Use District applicable to the l'·lorth Beach Neighborhood Commercial District, as designated on the Sectional J',{ap SUOJ &fthe Zoning lvlap of the City and County of&m Francisco. (b) Definitions. The following definitions shall apply only to the 1Vorth Beach Special Use District: (1) Specialty ,.fi'ood Aefcmufacturing. A Commercial Use that includes the manufacturing and processing offoods o;q the premises for retail cmd1or ~wholesale sales and also prm>'ides a ct1stomer service counter for sale of such mamifactured or processed food directly to the consumer. It may haw seating as a minor and incidental use that occupies less than 15% of the Occupied Floor Area of the establishment. It includes, bMt is not limited to, bakeries, coffee roasters, confectionaries, chocolatiers, makers of homemade ice cream and handmade gelato or sorbet. It shall not provide any alcohol sales fer consurnption on or off'the premises. (2) Legacy Business. A business as defined under Administrative Code Section 2A.212 and included in the Legacy Business registry. Supervisor Sauter BOARD OF SUPERVISORS Page 23 (3) Historic JJ11ild-ings. "Historic buildings" shall include Planning Code Article 10 Landmarks and buildings located within Article 10 Historic Districts, buildings and districts identified by surveys adopted by the City, buildi,"lgS listed or potentially eligible.for individual lii,ting on the National or Cal(fornic: Registers, and buildings located within listed or potentially eligible l'·fational Register or California Register historic districts. The Planning Departnqe1qt shall also consult mati!rifds available through the California Historical Resources Information System (CHRIS) and Inventory to determine eligibility. (c) C0ntr0ls. The following provisions shall apply within such District: (1) Restaurants, Limited Restauumts, and Bars. Restaurant, Limited Restaura1qt, and Bar uses may be permitted as a Conditional Use on the First St-ory through tJw procedures set fortJ, in Section 303 only (fthe Zoning Administratorfirst deterN9ines that the proposed ne=w Restaurant, Limited Restmirant, or Bar would occupy a space that is currently or WflS last legally occupied by one of the uses described belmv; provided that its last use has not been discontinued or abandoned purs1;1ant to Sections 186.1 (d) or 178(d) of this Code and that the proposed ne-w b/Se will not enlarge the space; andprmidedfiwthcr !hat no Conditional Use shall be required [fthe ctse remains the same as the prior authorized use, 1,vith no enlargement or intensification of use: (A) A Bar may occupy a space that is currently or k1st legally occupied by a Bar,· (B) A Restaurant :·nay occupy ft space that is currently or was last legally occupied by a Restaurant or Bar; and (C) A Limited Restmtrant may occupy a space that is currently or was last legally ocCc1pied by a Limited Restaurant, Restaurant or Bar. (D) Except as provided herein, no other use shall be allmved to convert to a Limited Restfturant, Restaurant or Bar. (2) Alc0h0l Licenses. Supervisor Sauter BOARD OF SUPERVISORS Page 24 (A) A Restaurant may provide on site beer, wine, and1or liquor sales for drinking on the premises (with ABC license types 02, 23, n, n, l9, 59 or 75) as c: Conditional Use on the First Story if, in addition to the criteria set forth in Section 303, the Plcmning Commissionfinds, based on information submitted to the Department by the applicant, that the Restaurant is and ·will continue to operc1te as ct Bona Fide Eating Pl-ace as defined in Section 102. Should a Restaurcmtfilil to operat-e as a Bona F'ide Eating Place for a1qy length of time, the Conditional Use authorizatio1q shall be subject to immediate revocation per Planning Code Section 303(!). To verifj,· that the Restaurant is continuing to operate as a Bona F'ide Eating Place, records of the Restmtrant 's gross receipts or gross sales shall be provided to the Department upon request. All records and information shall be sub:·nitted to the Department under penalty of perjury. (B) A{usic Entertainment Facility. A music e1qtertainment.fcwility with a Type 90 ABC license shall be pennitted to sen·e alcoholic beverages in this SUD. (C) Non Profit Theaters. A non profit theater shall be permitted to serve alcoholic beverages in this SUD. A "non profit theater" shctll mean a building or part ofa building intended to be used for the specific purposes of presenting any act, play, re,me, pantomime, scene, song, darwe act, or song and dance act, conducted or participated in by one or more persons, whether or not such person or persons are compensated for such pe1formance, and which is exemptedfrom payment of· income tax imder Section 23 701 d of the California Revemtc and Taxation Code and Section 5 01 (c) (3) of the Internal Revenue Code of the United States. A "non profit theater" shall not include any dance hall, as defined in Sectio,q 1022. (3) Storefronts. To preser.·e and maintain the District 's small scale, fine grain storefronts, (A) the consolidation or merger a/existing retail or commercial spaces or storefronts is prohibited, and (B) Specialty Groceries shall not exceed a /llon Residential Use Size off, 000 square feet. Supervisor Sauter BOARD OF SUPERVISORS Page 25 (I) L0ss r>f Residential Units. To prevent the loss a:fexisting Residential Units within the district, the removal, dernolitio1q, J'lwrger, or cow;ersion €fjResidential Units above the First Story are prohibited. (5) Specialty F00tl Afanufacturing. Within the ,Vorth Beach SUD a Specialty Food A{anufewtbtring use, as defined in subsection (b) (1), may only be permit1tJd with a Conditional Use authorization on the Grobtnd Floor or belmv. (6) Legacy Business. Unless otherwise prohibited by this Section 780. 3, Section 722, or any other section of this Code, any new l-lon Residential Use proposed where the immediately prior Commercial Use ',vas a Legacy Bushwss shall require Cor1ditional Use ttblthorization pursuant to Section 303 ofthis Code. (7) I • I d (;. I I u . I" l\T I B I ~ • IO I I £,l Dl • 1 rev11tectura anu4ura i4Fltage l?i n0:-t.1eac,1. d!ctwn 11.1 0 i1w ,annmg Code includes the priority policy that historic bbdldings be presen·ed. The architectural and cultural character and features &}existing historic buildings shall be preserved and enhanced. The Historic Preservation Commission or its staff shall review any proposed alterations to historic buildings, as de.fined in Sbtbsection 780. 3(b)(3), and must detennine that siwh alterations cornply with the Secretary of Interior's Standards for the Treatnwnt of Historic Properties before the City approves any permits to alter Sbtch buil-dings. (8) Additi0nal G0ntr0ls: The followi11g additional controls shall apply in the ,Vorth Beach Special Use District. (1) A Planned Unit De'✓elopment shall not be pennitted; (2) Large Scale Urban Agriculture uses shall rwt be permitted; (3) Hours &jOperation shall not bepcrmittedfrom 2 t1.m. to 6 a. m.; (4) Unless otherwise prohibited or limited by this Section 780. 3, Section 722, or any other section 0£this Code, actfoe commercial uses, as defined in Planning Code SectioH 115. 4(c), shall be required at the Ground Floor; and (5) A Health Service use, as ckfined in Section 102 of this Code, shall be prohibited on the groundfloor. On the secondjloor and above, a Health Service use shall reqblire Conditional Use authorization pursuant to Section 303 &f this Code. Supervisor Sauter BOARD OF SUPERVISORS Page 26 (9) Conditional Use Authof'izations. In addition to the findings required under Section 303 of this Code, for any use or project within the District that is subject to ConditiOJwl Use authorizatfon under this Section 780.3, Section 722, or any other section ofthis Code, the Planning Commission shall find that the proposed project supports the purposes af the North Beach SUD set forth iJq this Section 780. 3. Section 8. Zoning Map Amendment. Pursuant to Sections 106 and 302( c) of the Planning Code, the following change is hereby adopted as an amendment to the Zoning Map of the City and County of San Francisco: Sectional Map SU01 shall delete all reference to the North Beach Special Use District, Planning Code Section 780.3. Section 9. On September 2, 2025, the Board of Supervisors finally passed Ordinance No. 173-25 (Board File No. 250634), which was signed by the Mayor on September 5, 2025, and became effective 30 days later. Ordinance No. 173-25 amended Planning Code Section 121.2 and the Non-Residential Standards for Use Size in the North Beach Neighborhood Commercial District, Section 722, and the Polk Street Neighborhood Commercial District, Section 723. In light of Ordinance No. 173-25 being finally passed and approved, at the regular meeting of the Land Use and Transportation Committee on October 6, 2025, the Committee amended this ordinance to reflect the existing law as amended by Ordinance No. 173-25. To clearly understand the proposed amendments to existing law contained in this ordinance, this ordinance shows in "existing text" font (plain Arial} the law currently in effect (Planning Code Sections 121.2(a}, 722, and 723, as enacted by Ordinance No. 173-25). The ordinance shows in "Board amendment" font (double-underlined Arial for additions, and strikethrough Arial for deletions} the amendments to existing law that the Committee adopted on October 6, 2025. Supervisor Sauter BOARD OF SUPERVISORS Page 27 Ordinance No. 173-25 also amended Planning Code Section 121.2(b) to remove subsections (1) through (4). In light of Ordinance No. 173-25 being finally passed and approved, and the more limited amendment to Planning Code Section 121.2(b)(3) proposed in this ordinance as introduced, at the regular meeting of the Land Use and Transportation Committee on October 6, 2025, the Committee amended this ordinance to remove the proposed amendments to Section 121.2(b)(3), such that this ordinance no longer includes that Section. Section 10. 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 110. 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 Code that are explicitly shown in this ordinance as additions, deletions, Board Ill Ill Ill Ill amendment additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the ordinance. APPROVED AS TO FORM: Supervisor Sauter BOARD OF SUPERVISORS Page 28 DAVID CHIU, City Attorney By: /s/ BRIAN CROSSMAN BRIAN CROSSMAN Deputy City Attorney n:\legana\as2025\2500351 \01873725.docx Supervisor Sauter BOARD OF SUPERVISORS Page 29 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 250682 Date Passed: November 04, 2025 Ordinance amending the Planning Code to: 1) eliminate the North Beach Special Use District and consolidate certain controls into the North Beach Neighborhood Commercial District, expand allowable uses and increase use size limits in the North Beach Neighborhood Commercial District, 2) expand allowable uses and increase use size limits in the Polk Street Neighborhood Commercial District, 3) expand allowable uses in the Pacific Avenue Neighborhood Commercial District, 4) expand allowable uses and increase use size limits in the Nob Hill Special Use District, and 5) reduce limitations on Restaurants and Bars in the Jackson Square Special Use District; amending the Zoning Map to reflect removal of the North Beach Special Use District; 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 under Planning Code, Section 302. October 06, 2025 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE October 06, 2025 Land Use and Transportation Committee - CONTINUED AS AMENDED October 27, 2025 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE October 27, 2025 Land Use and Transportation Committee - REFERRED WITHOUT RECOMMENDATION AS AMENDED AS A COMMITTEE REPORT October 28, 2025 Board of Supervisors - PASSED ON FIRST READING Ayes: 8 - Chen, Dorsey, Fielder, Mahmood, Mandelman, Melgar, Sauter and Sherrill Noes: 2 - Chan and Walton November 04, 2025 Board of Supervisors - Fl NALLY PASSED City a11d Co1111ty of Sa11 Fra11cisco Ayes: 8 - Chen, Dorsey, Fielder, Mahmood, Mandelman, Melgar, Sauter and Sherrill Noes: 2 - Chan and Walton Page I Printed at 8:22 am 011 I 1/5125 File No. 250682 City and County of San Francisco Daniel Lurie Mayor Page2 I hereby certify that the foregoing Ordinance was Fl NALLY PASSED on 11/4/2025 by the Board of Supervisors of the City and County of San Francisco. Angela Calvillo Clerk of the Board Date Approved Printed at 8:22 am 011 11/5/25