o0249-23

FILE NO. 230701 AMENDED IN COMMITTEE 11/27/2023 ORDINANCE NO. 249-23 [Planning Code - Citywide Expansion of Allowable Commercial, Restaurant, and Retail Uses] Ordinance amending the Planning Code to 1) permit additional commercial, retail, and restaurant uses on the ground floor in certain neighborhood commercial districts (NCDs) and residential districts; 2) principally permit Flexible Retail on the ground floor in certain NCDs and Chinatown mixed use districts; 3) create Professional Services as a use categof)' that may proviae services to the public ana businesses ana delete Non Retail Professional Service and Retail Professional Service useprincipally permit Retail Professional Services uses on all floors and conditionally permit Non-Retail Professional Services on the ground floor in specified NCDs; 4) create regulations for music entertainment venues and non-profit theaters distinct from regulations for Bars; 5) allow Limited Corner Commercial Uses that are not Formula Retail in certain residential districts; 6) conditionally permit Formula Retail and Restaurant uses in certain commercial and resiaential districts; 72) amend Section 311 to remove neighborhood notice requirements for changes of use in the Eastern Neighborhoods mixed use districts; 3Z) expand business types that qualify for the Planning Department priority review program and establish that the program will not apply in the North Beach NCD and North Beach Special Use District (SUD); 9§) clarify that multiple allowable uses may co-locate on one site; 4-0i) clarify and modify various other use regulations and processes; 11) establish a process to legalize certain unpermitted outdoor activity areas including restaurant patios; 4-a.10.) permit additional retail and non-retail uses in specified NCDs; and 11) eliminate the Mission Street Formula Retail Restaurant Subdistrict: and 12) exempt eligible projects proposing a change in use from all ae•,elopment impact fees, with the exception of inclusionary housing fees, f.or Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 1 a fi'.\'e year perieEt; and 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 strikethnntgh italies TiH1es ]'•,few REH1i819:fent. 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 in File No. 230701 and is incorporated herein by reference. The Board affirms this determination. (b) On September 7, 2023, the Planning Commission, in Resolution No. 21385, 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. 230701, and is incorporated herein by reference. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page2 (c) Pursuant to Planning Code Section 302, this Board finds that these Planning Code amendments will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 21385, and the Board incorporates such reasons herein by reference. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File No. 230701. Section 2. Articles 1, 1.7, 2, 3, 7, and 8 of the Planning Code are hereby amended by revising Sections 102, 186, 201, 202.2, 202.9, 209.1, 209.2,209.2, 209.4, 210.3, ~231, 249.25, 249.60, 249.64, 303.1, 303.2, 311,703,703.9, 710,711,712,713,714,715,716, 718,719,720,721,722,723,724,725,726,727,728,729,730,734,738,739,740,741, 744, 750, 751, 752, 753, 754, 755, 756, 757, 758, 762, 763, 764, 780.1, 780.3, 781.1, 781.5, 781.6, 781.7, 781.9, 810,811, and 812; adding Section 194; and deleting Section~ 179.2 and 781.5, to read as follows: SEC. 102. DEFINITIONS. * * * * Bar. A Retail Sales and Service Use that provides on-site alcoholic beverage sales for drinking on the premises, including bars serving beer, wine, and/or liquor to the customer where no person under 21 years of age is admitted (with Alcoholic Beverage Control [ABC] license types 23, 42, 48, or 61), drinking establishments serving beer where minors are present (with ABC license types 40 or 60) in conjunction with other uses such as Movie Theaters and General Entertainment, and bars serving wine operated by licensed winegrowers (with ABC license type 02). Such businesses shall operate with the specified conditions in Section 202.2(a). A non-profit theater that provides on-site alcoholic beverage sales only for consumption by ticket-holding patrons on the premises, with ABC license type Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 3 64, shall not be considered a Bar use. A music entertainment facility that is authoriud to sell beer, wine. and distilled spirits at retail for consumption on the premises. with ABC license tvpe 90. shall not be considered a Bar use. * * * * Design Professional. A Non-Retail Sales and Service Use that provides professional design services to the general public or to other businesses and includes architectural, landscape architectural, engineering, interior design, and industrial design services. It does not include (1) the design services of graphic artists or other visual artists which are included in the definition of Arts Activities; or (2) the services of advertising agencies or other services which are included in the definition of Retail Professional Service er }km Retail Projessienel Ser';lfceor Non-Retail Professional Service, Financial Service, or Health Service. Design Professional Uses in Neighborhood Commercial Districts fsare subject to the operating restrictions outlined in Section 202.2(i). * * * * Entertainment, General. A Retail Entertainment, Arts and Recreation Use that provides entertainment or leisure pursuits to the general public including dramatic and musical performances where alcohol is not served during performances, arcades that provide eleven or more amusement game devices (such as video games, pinball machines, or other such similar mechanical and electronic amusement devices), billiard halls, bowling alleys, skating rinks, and mini-golf, when conducted within a completely enclosed building, and which is adequately soundproofed or insulated so as to confine incidental noise to the premises. Mechanical amusement devices are further regulated in Sections 1036 through 1036.24 of the Police Code. The use mm include a non-profit theater with ABC license Tvpe 64 and a music entertainment facility with ABC license Tvpe 90, prm ided that alcohol is not served during performances. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 4 Entertainment, Nighttime. A Retail Entertainment, Arts and Recreation Use that includes dance halls, discotheques, nightclubs, private clubs, and other similar evening- oriented entertainment activities which require dance hall keeper police permits or Place of Entertainment police permits, as defined in Section 1060 of the Police Code, which are not limited to non-amplified live entertainment, including Restaurants and Bars which present such activities. Nighttime Entertainment uses do not include any Arts Activity, any theater performance space which does not serve alcoholic beverages during performances, or any temporary uses permitted pursuant to Sections 205 through 205.5 of this Code. This use is also subject to the controls in Section 202.11. Nighttime Entertainment uses are subject to the Entertainment Commission's Good Neighbor Policy. The use mav include a non-profit th.eater with ABC license Type 64 and a music entertaimnent facilil) with ABC license Type 90. * * * * Flexible Retail. A Retail Sales and Service Use in ,Veighhorhooci Commercial Districts; subject to the requirements of Sections 179.2 ernd 202.9, that combines a minimum of two of the following distinct Uses within a space that may be operated by one or more business operators: * * * * (1) Arts Activities; (2) Restaurant, Limited; (3) Retail Sales and Services, General; (4) Service, Personal; (5) Service, Rete#Retail Professional; and (6) Trade Shop. Office Use. A grouping of uses that includes General Office Retail P:r~fessi£m9.l Services, • Retail Professional Services. and ll/-o,q RctailNon-Retail Professional Services. This use shall Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 5 exclude: retail uses other than Re-ia#Retail Professional Services; repair; any business characterized by the physical transfer of tangible goods to customers on the premises; wholesale shipping, receiving and storage; and design showrooms or any other space intended a·nd primarily suitable for display of goods. * * * * Sales and Services, Non-Retail. A Commercial Use category that includes Uses that involve the sale of goods or services to other businesses rather than the end user, or that does not provide for direct sales to the consumer on site. Uses in this category include, but are not limited to: Business Services, Catering, Commercial Storage, Design Professional, General Office, Laboratory, Life Science, l'./on Retail Pro.fessio11ol Service, Non-Retail Professional Service. Trade Office, Wholesale Sales, and Wholesale Storage. Sales and Services, Retail. A Commercial Use category that includes Uses that involve the sale of goods, typically in small quantities, or services directly to the ultimate consumer or end user with some space for retail service on site, excluding Retail Entertainment Arts and Recreation, and Retail Automobile Uses and including, but not limited to: Adult Business, Animal Hospital, Bar, Cannabis Retail, Chair and Foot Massage, Tourist Oriented Gift Store, General Grocery, Specialty Grocery, Gym,_ Hotel, Jewelry Store, Kennel, Laundromat, Liquor Store, Massage Establishment, Mortuary (Columbarium), Motel, Non- Auto Sales, Pharmacy, Restaurant, Limited Restaurant, General Retail Sales and Service, Financial Service, Fringe Financial Service, Limited Financial Service, Health Service, Personal Service, Re-ia#Retail Professional Service, Self-Storage, Tobacco Paraphernalia Establishment, and Trade Shop. * * * * SerYice, lWm ReteiJ. PFefessiom,J. A Non Retail Ss:!:es end Service Office Use that pnnides pn>.fessional services primarily te ether businesses including, lnlt net lim.ited to, accohtnting legal, Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 6 c<msul#ng, instJrf:R'lce, reel estate hrf>,~rffge, advertising agencies, publ.ic re/.aJi9ns agerwies eoniputer end data precessing services e,1ip.leymei1l egencies, F1itB'l£tgeF1ie1il C8nsulumts mui ether simi!er cens!tltanls, !eie:pho,w messelge services and tr«vel ser>.iices. Th.is use nu:y e(so previr:k services .te the generel fJitblic but is not req1;tired te. This use shell net inclwie resecwch sen·iee1,· e.fan indu.ytriel er scientific n«tzwe il'l a eemmercie.l o,·· medical loborete:ry, 8b"1:er #Utl'l re'bl::ine med-ie€ll tes#:ig a,u:/ f£1'1.Rlysis hy e. heaJ.•;h care pre{essioru:rl er ;~ospital. Service. Non-Retail Professional. A Non-Retail Sales and Service Office Use that provides professional services primarily to other businesses including, but not limited to, accounting. legal. consulting. insurance. real estate brokerage, advertising agencies, public relations agencies. computer and data processing services. employment agencies, management consultants and other similar consultants. telephone message services. and travel services. This use may also provide services to the general public but is not required to. This use shall not include research services of an industrial or scientific nature in a commercial or medical laboratory. other than routine medical testing and analysis by a health- care professional or hospital. * * * * Sen<iGe, Professional. A Retail Sales and Service Use that provides professional services ineluding, but not limited to, aecounting, legal, consulting, insurance. real estate brokerage, advertising agencies, publie relations agencies. computer and data proeessing services, employment agencies, management consultants and other similar consultants, telephone message services, and travel services. This use includes any eombination of permitted Professional Service uses in a co i.•.iorking spaee, 'Nhich may include offices or conference rooms f.or hire on a daily or hourly basis. This use shall not inelude researeh services of an industrial or scientific nature in a commereial or medieal laboratory, other than routine medical testing and analysis by a health care professional or hospital. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 7 Se,-.,,fce, Retail: J!:--ofessieftsl. A Retail Sales end Service Use thatpro>;ides primcwily t.e the generalpublle, generel b1:1siness, orJ:Jr<:>.fessio,"l.al services i1'tcfl:ldil'lg, bitl ."tet limiled ro, H'l£tnagen1:enl, clerical, 8ccoi,mlil'1:g, legal, em'l.sulting, intiflremce, reffll estete brokeFBge, and f:rm·el ser-;ices. It may pr£wide services lo .ihc bzt'siness ee,•n,•m,'.>''lity, prGvided that it elso provides sen;ices te tl'lB ge1'lCral public. Othcnvise, it shall be cortside.red a l'l/on Reli£lil Prefessiena! Service Use 8S de,fined in. this Seetien 102. This use tfk:Jes not in.dude rcti'etilreh service o_f 6fFl hidustriel or scientific 1'l.et1:1:re i,1 a commercial er :nedical labon1tory. ether thw'l re1:1ti.ne metkeal !.esting a,id cHUllysi!i' by a health care professienel1 e,•· hospil:€ll. Service. Retail Professional. A Retail Sales and Service Use that provides primarily to the general public, general business, or professional services including. but not limited to. management. clerical. accounting. legal. consulting. insurance. real estate brokerage. and travel services. It may provide services to the business community. provided that it also provides services to the general public. Otherwise. it shall be considered a Non-Retail Professional Service Use as defined in this Section 102. This use does not include research service of an industrial or scientific nature in a commercial or medical laboratory. other than routine medical testirn~ and analysis by a health- care professional or hospital. * * * * SEC. 179.2. FLEXIBLE RETAIL USES. (a) Appli-es.hi!:it;·. This Seetie;,q sh-€1/l Bf)f)ly t-e Fkxible Re1ail Uses es de.fined i,9 Scetien .' Q2. (b) A/J(llul-enme,it. A Fle?£ible Ret€liT Use must eperet-e with at Jee..r;L two tfSCS e.t any give>''! time. A Fkxiek RelBil Use lhBL BfJCrates enlJ enc Use .for a period ef 9() tkiys er rnere slu,U he deemed ebffn6':enal, Bnd ne new Fkxihk Ref:e.il Use shall he resli8red wilhm"t the issuance ofa 1?c~r !:rblikit:i.ng Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 8 perm.it. However, based on a good.faith showing that fhc epcrstoi hes dilit:,"<t:ntlJ, aue_111fJl!Cd lo loearo 6RUI, e8lc1hlish a seeondpe1"1'11iUed Use u:ithin. Lhe Fk>:ihle Ret8il Use, the Zei'l.ingAdmin.istretar may• grtmt a 9(} dtzyS c.xtensien. Ifsiwh e'Ktensit=m p885es witheid e 8'ece-ndp~nn.i!led Use established within the Flexible Retail Use, then the Flexible Relttil Use shall be dee,•ned ebcmdened. SEC. 186. EXEMPTION OF LIMITED COMMERCIAL AND INDUSTRIAL NONCONFORMING USES IN RH, RM, RTO, AND RED DISTRICTS. * * * * (a) Exemption from Termination Provisions. The following nonconforming uses in R Districts shall be exempt from the termination provisions of Section 185, provided such uses comply with all the conditions specified in subsection (b) below: (1) Any nonconforming use at any Story in an RTO, RH, or RM District which is located more than one-quarter of one mile from any of the Restricted Use Subdistricts specified in subsection (a)(3) below, and which complies with the use limitations specified for the First Story and below of an NC-1 District, as set forth in Section 710 of this Code. (2) Any nonconforming use in an RTO, RH, or RM District which is located within one-quarter of one mile from any of the Restricted Use Subdistricts specified in subsection (a)(3) below and which complies with the most restrictive use limitations specified for the First Story and below of: (A) an NC-1 District, as set forth in Section 710 of this Code; or (B) Any of the specified Restricted Use Subdistricts specified in subsection (a)(3) below. (3) Subsections (a)(1) and (a)(2) above apply to the following Restricted Use Subdistricts: the Geary Boulevard Formula Retail Pet Supply Store and Formula Retail Eating and Drinking Subdistrict set forth in Section 781.4 of this Code; the North Beach Financial Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 9 Service, Limited Financial Service, and Business or Professional Service Subdistrict set forth in Section 781.6 of this Code; the Lmver Polk Street Alcohol Restricted Use District set forth in Section 788 of this Code; and the Third Street Formula Retail Restricted Use District set forth in Section 786 of this Code; and the Mission Street Formula Retail Restaurant Subdistrict as set forth in Section 781.5 of this Code. * * * * (b) Conditions on Limited Nonconforming Uses. The limited nonconforming uses described above shall meet the following conditions: (1) The building shall be maintained in a sound and attractive condition, consistent with the general appearance of the neighborhood; (2) Any signs on the property shall be made to comply with the requirements of Section 606(c) of this Code for Limited Commercial uses; (3) The hours during which the use is open to the public shall be limited to the period between 6:00 a.m. and 10:00 p.m., however, the Planning Commission may extend the hours of operation to 12:00 a.m. through Conditional Use authorization, as outlined in Section 303 of this Code; (4) A limited nonconforming use may have an Outdoor Activity Area meeting the requirements in Section 202.2(a)(7). Public sidewalk space may be occupied in connection with the use provided that it is occupied only with tables and chairs as permitted by this Municipal Code; (5) Truck loading shall be limited in such a way as to avoid undue interference with sidewalks, or with crosswalks, bus stops, hydrants, and other public features; (6) Noise, odors, and other nuisance factors shall be adequately controlled; Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 10 (7) An Outdoor Activity Area is principally permitted if it is looated at the front of the building. An Outdoor Aotivity Area that is looated -at the rear of the building is prinoipally permitted only if it oomplies with the operating rostriotions in Seotion 202.2(a)(7). Operation of an Outdoor Activity /\rea at the rear of the building beyond the limitatio·ns set in 202.2(a)(7) is not permitted; and (ZS+) All other applicable provisions of this Code shall be complied with. (c) Formula Retail Uses. All uses meeting the definition of "formula retail" use per Section 303.1 shall not be permitted except by conditional use authorization under the procedures of Section 303 of this Code for RED, RTO, RM 3, and RM 4 Distriots and shall not be permitted in RH , RM 1, and RM 2 Districts. * * * * SEC. 194. LEGALIZATION OF EXISTING OUTDOOR ACTIVITY AREA. (a) An existing Outdoor Aotivity Aroa that was not established in aooordanoe with this Code may be legalized by obtaining a building permit, provided the Zoning Administrator or designee determines that the Outdoor Activity Aroa has been rogularly operating or funotioning 1.vithout a substantial gap in operation for at least 10 years prior to the effective date of this Scotian 194; and (b) The Zoning Administrator's determination shall be made based upon the existenoe of supporting evidence that may include, but is not necessarily limited to, the follo_wing: rental or lease agreements., building or other permits, liquor license records, or relevant media coverage. (c) A "substantial gap in operation" shall not be interpreted to include any of the folloi.ving: (1) a change in m.vnership of a premises; Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 11 (2) the temporary closure of a premises for repair, renovation , restoration, or remodeling , including, but not limited to, restoration or repair of a premises after total or partial destruction or damage due to fire, riot, insurrection, toxic accident, or act of God; or (3) the temporary closure of a premises to comply with restrietions connected to the COVID 1Q pandemic. (d) An application for a building permit to establish an Outdoor Activity Area under this Section must be filed 1Nithin 365 days of the effective date of this Seetion 1 Q4. (e) Notwithstanding any other provision of this Gode, no Conditional Use Authorization or any otherv.•ise applieable neighborhood notification requirements shall be required . SEC. 201. CLASSES OF USE DISTRICTS. In order to carry out the purposes and provisions of this Code, the City is hereby divided into the following classes of use districts: * * * * Neighborhood Commercial Restricted Use Districts and Subdistricts * * * * * * * * Mission Street i;:orm1:Jla Retail Restaurant Subdistrict fQefines in See. 781.5) * * * * * * * * SEC. 202.2. LOCATION AND OPERA TING CONDITIONS. (a) Retail Sales and Service Uses. The Retail Sales and Service Uses listed below shall be subject to the corresponding conditions: * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 12 (7) Outdoor Activity Area. An Outdoor Activity Area shall be principally permitted in the VVMUG, VVMUO, SALi, and RED MX Districts, at the rear of a building in any Neighborhood Commercial District or Neighborhood Commercial Transit District, and H't-lhe WA1UG, WMUO, SALi, end RED MXDistricts,in the WMUG. WMUO. SALi. and RED-MX Districts.at the rear of a building in association with a limited commercial use or limited corner oommercial use as defined in Seotions 186 and 231 respectively, if it meets all of the following conditions: (A) The Outdoor Activity Area is located on the ground level; (B) The Outdoor Activity Area is in operation only between 9:00 a.m. and 10:00 p.m.; (C) The Outdoor Activity Area is not operated in association with a Bar use; (D) Where associated with a Limited Restaurant or Restaurant Use, the Outdoor Activity Area includes only seated. not standing, areas for patrons; and (E) Alcohol is dispensed to patrons only inside the premises or through wait staff services at the patron's outdoor seat in the Outdoor Activity Area. Any Outdoor Activity Area at the rear of a building seeking to operate beyond these limitations 'iNithin a Neighborhood Commercial District or Neighborhood Commercial Transit Distriot requires a Conditional Use Authorization, unless such Outdoor Activity Area is permitted by Planning Code Section 145.2. Any Outdoor /\ctivity Area at the rear of a building seeking to operate beyond these limitations in association ·.vith a limited commercial use or limited corner commercial use as defined in Sections 186 and 231 respectively is not permitted. * * * * (i) Nen Re#«il Se.ks Rml Serliee Use; ]}e5ig,1 i.lqe_,<essienRI. In order te preserve and enhance active conunercielfrentagc iH the City 's ,h/eighherheeri Ctn'lffnerciel DistrieJs, e D08ign Professfrmel Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 13 use laeeted m1 the First Stary or beJaw ·within any Neighborhood Commereial or N-eighherheod CB1Hmereiel Transit Distriet ,nus.! prB,·itie its !i"er-i;iees Lo the ge»ernL public. (i) Non-Retail Sales and Service Use; Design Professional, lo order to preserve and enhance active commercial frontage in the City's Neighborhood Commercial Districts. a Design Professional use located on the First Story or below within any Neighborhood Commercial or Neighborhood Commercial Transit District must provide its services to the general public. _6j) Multiple Uses. Multiple Uses mm exist simultaneously on one Lot or in one Structure. I( there are two or more Uses on a Lot, any Use classified under this Code as an Accessory Use will be subfect to applicable provision concerning Accessorv Ui. es. Any Use not classified a an Acee :so1y Use 1-1 ill be considered separately as an independent Principal, Conditional. or temporary Use. subject to applicable provisions o{this Code concerning each independent Use. SEC. 202.9. FLEXIBLE RETAIL USES. (a) Applicability. This Section shall apply to Flexible Retail Uses as defined in Section 102. Fkxihfo RetBil shall be permitted in 1'1.eighhorheod eeHunercif:tl districts in the frillewin.g Flexible Ret€li1 Zenes: (1) Ztme 1: shall cmnprise all of th{;l.tpertiEm efthe City end Ceunty cei'/ur1:erwing at the point €>}#1e ink!rsectir:Jn ef#te shel"eline of the Pacific Oeean and the CBSterr~ bmuuitwy o.fLineeb'I. Park, 81'16:proceeding seutherty alang the eBstern hounde,y e:/Lineel:n PcfJ·k te Cal-ifernic1 Stteet, ftnd proeeedi.ng eBSler/y aleng Calt/<:1rnia 8-lreel te 26lh Avenue, a,1dpreceeding nonherly (:Jfeng 26th lh'C/'1ue te Lake Street andproeeeding easterly c1.len:g La.kc Street le Arg~wUe Beblle,:ard €Ind proceeding smttherly sloagArgueUe Bmde 1:(:Jrd to EuelidAvenue. Gmdpreceeding easterly Bltmg E~te/id Aveniw 1e Bush Street, €But proceeding ee:slerly a}cmg :Bush Street ta Goi.·gh Street, Rrui praceedii'l.g sautherly aiang Gaugh Street tv Geary BoukvBrd BJ.~dpreceeding ee.slerly aieng Geary Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 14 Boulew:l:l'ti le Va:n }less Avenue, €lndproceetiing southedy 8/eng Van 1\JessA·:enue t-0 Oak Street, cmd preceedin.g westerly 8HJng 08k Street le Buclumen Street andproceecliRg selitherly aleng B1,teh€ln&n Sfreet ta Hemwnn Street, cmeipreceeding wester!')' elo,"l:g HerFne,m Street l8 Steine;- St,·eet, ancl proceeding rurrtherly along Steiner Street to Waller Street, c1nci:p:-oceeclirtg westerly akJng W8"ler Sweet to Buena Vist6 A rnnue Ee.st, and proeeecling weslerl,· €1.lel'lg B!W1%1 Vista A verrhle Esst 18 Htlight Streel, anclpreeeedir1g wes;terly ctlimg Haight Street le B'tl;ena Vista Aven,ue West, anripreceecling seutherly ttl-eng..Buenct Viste A>renue w~sl w Frecl-e,·ick Street, andpreeeeding westerly alimg Frecl-e,·iek &reel to Ash1nwy Street, 9,•2ilpreceecling 8Bltlherly slimg Ash!:niry Street te Ckt),·1e,~ Street, cmcl preeeec/.ing soitl:."'terlJ,1 etkmg Cifl-)'lon Street te T·win Peaks Be1;f;kverd, cmdpreeeeding seutherly along Twin PealfS Boulew,rci to Cf.aremion Avenue, mrtclpreceeri:ing westerly 8l-01'tg Cf.atende1'l A..,,,emw le Sle,·wen Street, ctnd proceeding r1erthcrl,· akJn.g Slitu91em Stteet to Belgra'ile A .1e111;1e anclproceecling )\'C81£r1J,· c1kJng Belgra.,.e Avernw te t1,vesterl)1 extension efJJelgrcr.;e Avenue, 8nc/preeeeding se'tllherly et."lcl westerly le the in!ersectien ofseid line £Hui Jehnsttme Drhle, Cl:l'l.iJJroceedi'flg )1;,•esterlJ,· akJqg J-am1slene Drive te M!eclieal Gen.tor Way, cuui,preeeecf.ing l'tortherly along M-edicel CcnEer WsSy· lo Par'l'lassus Aven'bte, andpreceecling weswrly along Panu1ssus A.venue ,<o 'Ith Avemw, EJn.clp,·eceecliRg seuthetly eiB,"lt,' .tJw seuthern. exfCR:,ion ef 'Ith Avartw te Kirkham Street 6mdproceeding ll'estedy a/e1'tg KirkJumi &net ,r,e 91h A venue endpreceeding ner#wrlJ aleng 9th A·,.enue to J21dBh &reel a.,ul preceedi.Rg westerly t1HJ1'tg lhe soulhern edge e.f'Jiuiah Street te J 9th A vem,e, sndpreceedh'tg seuthCJ·IJ,1 al:ong 19th Avenue to Sleat Be2 ... kvard. sndp1·eeee6f:i.,·ig westerlJ,· aleng the nerther:'1 eclge o.fSkJel Beuievarclr, a.nd.t~!:l:ewing 61 straight fow extension. efSleatBelil-evClrd f.8 lhe shoreline of the Pacific Ocea,~ proceeding northnrly 9Jeng said shoreline to the poi,'l.' o.fco,·nme,~eement. (2) Zene 2: shell comprise all ef thc1.! pertien ef the City Grnd Ceunl)· ceR1mendng st the peim of the intersectie,•1 ef.Ji,fnipere Serra :Bo1;1leverd emci JJro.'herhee(!/ Wey, affdproeeecl:ing northerly akJng .!he ea!itern edge efJunipero Serra Beule~8rd te Gar.fielci Sf.reel, enilp1·eceec#1ig easterly c1Je1~ Ga,.ficicl Stree: le Grafton A .JC/1.'ttC, and centimting eesterlJ,· c1long Graften A vame Le Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 15 ,Vou,"lt Vernen Ave-Jr1:w, c1:nripreeccd-in.g eesterly ekmg },1eunt Vernon A-:,,enuc to Howth St:rcet, and proeeeding northerly along Hawth &reet t<> Geneva Avenue fl:ntiprfJ.eecd-i.vtg easlerly along Gene'vr.a A ... em.ie to Interstate 280, c1:11dpreeeet:Ji,•1;g northerly atong interstate 280 te :-he strei:ght line ex«msien. ofTingky SPreet mldpreceec#ng so1;1thcrly a.long s&Eid tine le Ti:igky Street, andproceedi1Y.g sotitheriJ,· af(Jng Tingley Street lo Ak1nany JJoulevard, m1dproeeeding eesler~,· 8le"F'lg Ale;•n€lny· 1Je'1:ile·.:€£rti tE C~ngdor1 Street, 8rldpr-aceed-ir1g southerly alo{'l;g Gengdon &reef to Sil?;er A -,.,emte, and preceedlng ectstedy alen.g Sil>;er A·.:eR'lie to Af:i:idisen Street, trnil fJ,'"BCeed-ing soHiherly along Medison Street to B'litrows Sttee1, c1.ndproeeeding westerly along Burrows Street to Pregi:e St,·eet, a,'ldpreceecli,<tg se1:1therly GJhmg Pre,g,,te St:rect te Persia ,4_,,ienue, mu/proceeding easterly e1long Persi:8 Avenue ta Ua:Metl Street, arui co,"ltinuing easterly crlo,'lg klsnse/.i Street te San Bruno A.,.,en.ue, e1idproceeding nertherly mid easterly along &m Bruno Avenue w Were Stree.s endpreeeecl-ing easterly elen,g N4tre &reel te B8}1shere Bo'Ulewwd 61'ld procetHiit'lg neNherly akmg Ba)ishore Boulew1ni te GJ S1.'1"8ight line extensiertjroln Bayshere Beuk.i'flrd to Sti1'11Jrimo A ·;enue, £111dpreceeding northerly along Sa.n Br'l:tlio Avenue le 23rd Street, €lndproceeding easterly along 23rd Street to Vennent 8-#·eet, a,·1dpFOceeding no·rtherly a/.ong Vennen: Street te 16th Street, and proceeding easlerly ctleng I 6th Street ffJ c1 stre:ight line extensiel'lfro,n 16th St,,·eet andproeeedi:rzg CB!iterly c1!:fmg sGl.id e;~fension to the shoreline to the San Franeio·ce Bay, Enuipreceeding SO'/i,therly €{:f()Hg shoreline to the &lR Fr€l1wisee/&ffl },falee cetmty beriier, cmd proceeding west=erly Rl-ang the San F'r·cmc=isce/&m. }/Jetee county border te S€lint Charks A .,,,emte and proceeding nertherly ateng Sai1'it C7uirks Avenue te lnterstc11e 280, cmtipreceeding tiertheasterly B:iong lnwrsMte 28(} te e :iartherly straight line extensien le Ori:;aba Avenue, and proceetiing northerly el-ong said line t-o Aknwny Boukw:1ni, endpreceeriiRg westerly elong ,41er·nB,''l)' Beule,;an/ 1B Bretherheed WTJ;p, anti tn·oceet/.i,wg westerly elieng Brotherhood w~, to the pein~ r>f ceRunencement. (b) Requirements. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 16 (1) Underlying Uses incorporated into Flexible Retail. Flexible Retail, as defined in Section 102, incorporates two or more specific uses. Each such use must be Principally Permitted in the underlying zoning district. If a use requires a Conditional Use Authorization in the underlying zoning district, then a Conditional Use Authorization must be obtained before such use may be permitted as part of a Flexible Retail Use. (2) Minimum of two Uses. A Flexible Retail Use must operate with at least two Uses at any given time. (c) Abandonment. A Flexible Retail Use must operate with at least two uses at any given time. A Flexible Retail Use that operates only one Use for a period of 90 days or more shall be deemed abandoned. and no new Flexible Retail Use shall be restored without the issuance of a new building permit. However. based on a good faith showing that the operator has diligently attempted to locate and establish a second permitted Use within the Flexible Retail Use. the Zoning Administrator may grant a 90-day extension. If such extension passes without a second permitted Use established within the Flexible Retail Use. then the Flexible Retail Use shall be deemed abandoned. SEC. 209.1. RH (RESIDENTIAL, HOUSE) DISTRICTS. * * * * RH-2 Districts: Two-Family. These Districts are devoted to one-family and two-family houses, with the latter commonly consisting of two large flats, one occupied by the owner and the other available for rental. Structures are finely scaled and usually do not exceed 25 feet in width or 40 feet in height. Building styles are often more varied than in historically single- family areas, but certain streets and tracts are quite uniform. Considerable ground-level open space is available, and it frequently is private for each unit. The Districts may have easy Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 17 access to shopping facilities and transit lines. In In some cases, Group Housing and institutions are found in these areas, although nonresidential uses tend to be quite limited. * * * * Table 209.1 ZONING CONTROL TABLE FOR RH DISTRICTS ~~~~;~ry I § References ~ RH-1(D1 I RH-1 ~ RH-1(5) 188 !BUILDING STANDARDS * * * * I II II I Miscellaneous * * * * Awning § 136.1 p (1) p (1) p (1) p (1) p (1) * * * * !NON-RESIDENTIAL STANDARDS AND USES Development Standards * * * * Continuing nonconforming uses are permitted, subject Limited §§ 186, 186.3 to the requirements of§ 186. Limited Commercial Commercial Uses Uses may be conditionally permitted in historic buildings subject to§ 186.3. IP on a Corner Lot. with no Dart of the use extendine more than 5 0 feet in devth -from said corner; NP if the LCCU Limited Corner would reauire the Residential Conversion of a Ll11 Residential Unit or Unauthorized Unit under Plannina Commercial Uses Code Section 317 unless the soace orooosed for conversion is occuoied bv a aaraae or stnraae soace located in the Basement or First Storv. Commercial Use Characteristics Drive-uo Facilitv §_ 102 NP Formula Retail QQ 102 303.1 le.NP for Limited Corne[ CQmmerQial Uses Hours ofOveration QQ 102 186 231 For Limited Corner Commercial Uses under¢ 231: P 6:00 a.m. to 10:00 v.m. · NP 10:00 v.m. to 6:00 a.m. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 18 * * * * * * * * (1) P for Limited Commercial Uses and Limited Corner Commercial Uses per§ 136.1(6} only; otherwise NP. * * * * SEC. 209.2. RM (RESIDENTIAL, MIXED) DISTRICTS. * * * * Table 209.2 ZONING CONTROL TABLE FOR RM DISTRICTS Zoning Category § References RM-1 RM-2 RM-3 I RM-4 BUILDING STANDARDS * * * * I Miscellaneous '* * * * Awning § 136.1 p (1) p (1) p (1) p (1) * * * * NON-RESIDENTIAL STANDARDS AND USES Development Standards * * * * I I Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 19 T • "·- J ,. r D - .. - ~~ •~ §41-1- NF 'NF If' -;-TTT-- - ., .... _.. -- - u Limited Corner l{__m P on a Corner Lot. with no P on a Corner Lot. with no Commercial Uses vart of"the use extendinf! more l'JJart of the use extendinf! than 50 feet in devth ·from said more than 100 feet in corner· NP if the LCCU devth from said corner~ would reauire the NP if the LCCU would Residential Conversion of a reauire the Residential Residential Unit or Conversion of a Unauthorized Unit under Residential Unit or Planni na Code Section 317 l Jnauthorized Unit under unless the soace orooosed .nnina Code Section for conversion is occuoied unless the ~nace bv a aaraae or storanP 1rnnosed for conversion snace located in the ~occuoied bv a aaraae Basement or First Storv. storaae soace 1ncated in the Basement "Ir First Storv. Continuing nonconforming uses are permitted, Limited Commercial §§ 186, 186.3 subject to the requirements of§ 186. Limited Uses Commercial Uses may be conditionally permitted in historic buildings subject to § 186.3. Commercial Use Characteristics Drive-ue Facilitv § 102 NP Formula Retail §¢ 102. 303.1 GNP for Limited Coroe[ CommerQial Uses Hours o[...Oeeration §§ 102, 186, 231 For Limited Corner Commercial Uses under§ 231: P 6:00 a.m. to 10:00 e_.m. ; NP 10:00 e_.m. to 6:00 a.m. For limited commercial uses under§ 186: 6:00 a.m. to 10:00 p.m.; C 10:00 p.m. to 12:00 a.m.; NP 12:00 a.m. to 6:00 a.m. Maritime Use § 102 NP Oe_en Air Sales § 102 NP Outdoor Activity Area §§ 102, 14§.2, 1 P if located in fFont of euildin§; P attl=le rear oftl=le 86, 202.2, 2a1 euilding if compliant 1,1,1itl=l § 2Q2.2(a)fi'.); NP otl=leFv.iise. VValk up Facility §-4@ p Walk-U(2 Facili~ §jfil NP ~ Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 20 * * * * * * * * (1) P for Limited Commercial Uses and Limited Corner Commercial Uses per§ 136.1-(af only, otherwise NP. * * * * SEC. 209.4. RTO (RESIDENTIAL TRANSIT ORIENTED) DISTRICTS. These Districts are intended to recognize, protect, conserve, and enhance areas characterized by a mixture of houses and apartment buildings, covering a range of densities and building forms. RTO and RTO-M (Residential Transit Oriented. Mission) Districts are composed of multi-family moderate-density areas, primarily areas formerly designated RM and RH-3, and are well served within short walking distance, generally less than one-quarter mile, of transit and neighborhood commercial areas. Transit available on nearby streets is frequent and/or provides multiple lines serving different parts of the City or region. Limited small-scale neighborhood-oriented retail and services is common and permitted throughout the neighborhood on Corner Lots only to provide goods and services to residents within walking distance, but the districts are otherwise residential. Only retail compatible with housing, generally those permitted in NC-1 Districts, is permitted and auto-oriented uses are not permitted. Hours of operation are restricted and off-street parking is not permitted for these very locally-oriented uses. * * * * Table 209.4 ZONING CONTROL TABLE FOR RTO DISTRICTS !zoning Category II § References II RTO BUILDING STANDARDS Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandel man, Chan, Safai BOARD OF SUPERVISORS RTO-M Page 21 * * * * Miscellaneous * * * * Awning §§136,136.1 p (1) p (1) * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * Institutional Use Category * * * * Community Facility § 102 PG PG * * * * * * * * (1) P for Limited Commercial Uses per§ l 36(a)per § 136(a) and Limited Corner Commercial Uses per§ 136.1§231§ 231§ 136.1, otherwise NP. * * * * SEC. 210.3. PDR DISTRICTS. * * * * Table 210.3 ZONING CONTROL TABLE FOR PDR DISTRICTS !Zoning Category § References PDR-1-B PDR-1-D PDR-1-G PDR-2 * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * Sales and Service Category * * * * Gym §§ 102, 210.3C CNP- NP (20) NP (20) fNP} I* * * * * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 22 (20) NP except as provided in Section 210.3C. * * * * SEC. 231. LIMITED CORNER COMMERCIAL USES IN RH, RT02. AND RM DISTRICTS. (a) Purpose. Corner stores enhance and support the character and traditional pattern of development in San FranciscoRTO 6l1UiR}.{Districts. These small neighborhood-oriented establishments provide convenience goods and services on a retail basis to meet the frequent and recurring needs of neighborhood residents within a short walking distance of their homes. These uses tend to be small in scale, to serve primarily walk-in trade, and cause minimum interference with nearby streets and properties. These uses are permitted only on the ground floor of corner buildings, and their intensity and operating hours are limited to ensure compatibility with the predominantly residential character of the district. Accessory off-street parking is prohibited for these uses to maintain the local neighborhood walk-in character of the uses. (b) Location. Uses permitted under this section must be located: (1) completely within an RH, RTO, RTO-M, or RM 3, or R}.{ 4 District; (2) on or below the ground floor;-aRtl- (3) in RH. RM-1. RM-2. and RTO Districts, on a Corner Lot, with no part of the use extending more than 50 feet in depth from said corner, as illustrated in Figure 231; and (4) in a space that would not require the Residential Conversion of a Residential Unit or Unauthorized Unit under Planning Code Section 317, unless the space proposed for conversion is occupied by a garage or storage space located in the Basement or First Story. * * * * ~ill in RM-3, RM-4._ and RTO-M Districts, on a Corner Lot, with no part of the use extending more than 100 feet in depth from said corner. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 23 (c) Permitted Uses. Any use is permitted which complies with the use limitations for the First Story and below of an NC-1 District, as set forth in Section 710 of this Code. (d) Use Size. No more than 1,200 square feet of Occupied Floor Area of commercial area in a RTO, RH, RM-1, or RM 2 District and no more than 2,500 occupied square feet of Commercial Use in a RM-3, RM-4 or RTO-M District shall be allowed per Corner Lot, except those lots which occupy more than one corner on a given block and which may provide an additional 1,200 square feet of Occupied Floor Area of Commercial Use per additional corner, so long as the commercial space is distributed equitably throughout appropriate parts of the parcel or project. (e) Formula Retail Uses. All uses meeting the definition of "formula retail" use per Section 303.1 shall not be permitted except by Conditional Use through the procedures of Section 303 for RTO and RTO-M Districts and shall not be permitted in RH. RM-1. RM-2. RM-3. and RM-4 Districts. * * * * U) Awnings. Awnings are permitted, subject to the standards in Section 136.1 (a) of this Code. Canopies and marquees are not permitted. (k) Outdoor Activity Area. An Outdoor Activity Area is principally permitted if it is located at the front of the building. An Outdoor Activity Area that is located at the rear of the building is principally permitted only if it oomplies with the operating restrictions in Seotion 202.2(a)(7). Operation of an Outdoor Activity Area beyond the limitations set in 202.2(a)(7) is not permitted. SEC. 249.25. JACKSON SQUARE SPECIAL USE DISTRICT. * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 24 (B) Restaurants, Limited Restaurants, and Bars. Restaurant, Limited Restaurant, and Bar uses may be permitted as a Conditional Use on the First Story through the procedures set forth in Section 303 enly if the Zening /ldm.fnist:r!lter/irst deten/'f.irws Lhat the prepesed new Resmurent, LiJHited:&cs1t11:1.,··€ffit, e;·· Ber ·we1:dil eccupy a space th(;ff is currently er ,~·615 last legally ecnlf)ied h)· ene &}the use5' deserihed heiew; p~·ovided that #s lest use hGl!i net heui diseentbrcwd or ebantie,.,,edpt~rs1:umt t-e Sectiens 186.1 (d) er l 78fd) e-f this Cede c1n.d that the prepesed ,"lew a'Se will net enl.i:rge the space,· cmdpro'iriiledfiwtherexcept 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 ReW Conditional Use authorization shall be required if the use remains the same as the prior authorized use, with no enlargement or intensification of use~':"7 (i) A Ber ,"fl8)' ec01::py1 a space !hat is currently o~· lost legally eccupied hy e Ber; (ii) A Res,trilun:1nt Hffl)' ecC"blfJ}' a space that is e1:11Tently er wes letst legally occ1:1pied hy 8 ReSl9:Uf€tnl er Ber; fftid (iii) A Limited Resta.urBnt H'lB.y oeezt/9)' a speee :heL is curre,1.#y er was tc1sl legally ecevl-JJiCd by fl £.imi.'ed Resffntr€mt, Restaurant, or Bar. (i,.9 :Exeepi 85 previded hereir-1., ,"le ether use shall he aJ/.ewed te ce:wc-,.·t Le a Li1niied Rest€1:urant, Restauren(, er Bew. (i} A Bar may occupy a space that is currently or last legally occupied by a Bar: (ii) A Restaurant may occupy a space that is currently or was last 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. Restaurant. or Bar. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 25 (iv} Except as provided herein. no other use shall be allowed to convert to a Limited Restaurant. Restaurant, or Bar. (C) Exception fer Certain Prepesed Limited Restaurant Uses. A proposed Limited Restaurant use is Principally Permitted.and, shall not be required to obtain a Conditional Use authorization pursuant to subsection (b)(2)(B) above, cmd shall ,~ot be subject to lhe limitBtie,~ e,f subsectiofi (h)(2)(B)(iii) abevc, and shall not be subject to the limitation of subsection (b)(2)(B)(iii) abo•,e if an application for a building permit necessary for the establishment of sueh use was filed with the City by July 1 Q, 2018. * * * * SEC. 249.60. MISSION ALCOHOLIC BEVERAGE SPECIAL USE DISTRICT. * * * * The following restrictions shall apply within such district: (a) Prohibition of New Liquor Stores. No new Liquor Store, shall be permitted in the SUD, except that an existing Liquor Store may relocate pursuant to subsection (c) below. (b) Allowed Alcohol-related Uses. Certain uses which are not likely to generate negative impacts on the surrounding area shall be allowed within the SUD as set forth below: (1) The following uses shall be eligible for liquor licenses transferred from within the SUD as well as licenses transferred from outside the SUD: (A) Bona Fide Eating Places. A Restaurant Use operating as a Bona Fide Eating Place shall be permitted to serve alcoholic beverages in this SUD. (B) Non-Profit Theaters. A non-profit theater shall be permitted to serve alcoholic beverages in this SUD. A "non-profit theater" shall mean a building or part of a building intended to be used for the specific purposes of presenting any act, play, revue, pantomime, scene, song, dance act, or song and dance act, conducted or participated in by Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 26 one or more persons, whether or not such person or persons are compensated for such performance, and which is exempted from payment of income tax under Section 23701d of the California Revenue and Taxation Code and Section 501 (c)(3) of the Internal Revenue Code of the United States. A "non-profit theater" shall not include any dance hall, as defined in Section 1022 of the Police Code, a billiard parlor, pool hall, bowling alley, or Adult Business. (C) Bowling Alleys and Mini-Golf Courses. A bowling alley or a mini- golf course shall be permitted to serve alcoholic beverages along with any Restaurant use which is functionally and/or physically integrated with such bowling alley or mini-golf course. General Entertainment uses, excluding those uses that require a Place of Entertainment permit, shall be permitted to serve alcoholic beverages along with any Restaurant use which is functionally and/or physically integrated with such General Entertainment use. (D) Single Screen Movie Theaters. A single screen Movie Theater shall be permitted to serve alcoholic beverages, provided that (i) such use contains only a single screen and auditorium, (ii) only beer and wine are offered for consumption, and (iii) such beer and wine are: a. only consumed on the premises and primarily in the main theater auditorium, b. only sold and consumed by ticketholders and only immediately before and during performances, and c. only offered in conjunction with the screening of films and not as an independent element of the establishment that is unrelated to the viewing of films. (E) Music Entertainment Facilitv. A music entertainment facility"' ilh a California Department of Alcoholic Beverage Control (ABC) Tvpe 90 license shall be permitted to serve alcoholic beverages in this SUD. * * * * SEC. 249.64. PARKMERCED SPECIAL USE DISTRICT. * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 27 (b) Development Controls. Development in the Parkmerced Special Use District shall be regulated by the controls contained in the Parkmerced Design Standards and Guidelines, as adopted by the Planning Commission and periodically amended, except for those controls specifically enumerated in this Section. Where not explicitly superseded by definitions established in the Parkmerced Design Standards and Guidelines, the definitions in this Code shall apply. All procedures and requirements in Article 3 shall apply to development in this Special Use District to the extent that they are not in conflict with this Special Use District or the Development Agreement, approved by the Board of Supervisors in Ordinance No. 89-11 . The Planning Commission may amend the Parkmerced Design Standards and Guidelines upon initiation by the Planning Department or upon application by an owner of property within Parkmerced (or owner 'shis er her authorized agent) to the extent that such amendments are consistent with this Special Use District, the General Plan, and the approved Development Agreement. * * * * (2) Uses. (A) Principally Permitted Uses. The following uses are principally permitted: * * * * (ii) Parkmerced Mixed Use - Social Heart (PM-MU1). All uses permitted in PM-R; locally serving Retail Sales and Service uses not larger than 15,000 occupied square feet per business establishment; one General Grocery Store not larger than 50,000 occupied square feet; and Business Service, Design Professional, and Nen .ReteilNon-Retail Professional Service Uses, provided such Non-Retail Usesusel·Jer1 Relail Uses shall not exceed 10,000 occupied square feet per business if located on the ground floor of any building; (iii) Parkmerced Mixed Use - Neighborhood Commons (PM-MU2). All uses permitted in PM-R; locally serving Retail Sales and Service Uses not larger than 5,000 Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 28 occupied square feet per business establishment; and Business Service, Design Professional, and ,Ven RctaitNon-Retail Professional Service Uses not larger than 5,000 occupied square feet per business, provided that such use does not occupy more than 2,000 occupied square feet per business establishment on the ground floor; * * * * SEC. 303.1. FORMULA RETAIL USES. * * * * (e) Conditional Use Authorization Required. A Conditional Use Authorization shall be required for a Formula Retail use in the following zoning districts unless explicitly exempted: * * * * (10) +he- C-3-G District with frontage on Market Street, between 6th Street and the intersection of Market Street, 12th Street and Franklin Street; endand (11) +he- Central SoMa Special Use District as defined in Section 848, except for those uses not permitted pursuant to subsection (f) below~~ (12) Mission Street Formula Retail Restaurant Subdistrict as defined in Section 781.5. (f) Formula Retail Uses Not Permitted. Formula Retail uses are not permitted in the following zoning districts: * * * * fa) 1'.1:issien Street P'enmtkl Retail Restst,wtwtl Suhdistriel tiees PffJlper."l1il Fe:wud-a Releil Mses .'hat ere else Reslal..:rent er Limited Re!ile.urf:m.' uses - Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 29 (Q-7) Geary Boulevard Formula Retail Pet Supply Store and Formula Retail Eating and Drinking Subdistrict does not permit Formula Retail uses that are also either a Retail Pet Supply Store or an Eating and Drinking uses as set forth in Section 781.4; (ZS) Taraval Street Restaurant Subdistrict does not permit Formula Retail uses that are also Restaurant or Limited-Restaurant uses; (~9) Chinatown Mixed Use Districts do not permit Formula Retail uses that are also Restaurant or Limited-Restaurant uses;-aR4 (2.M) Central SoMa Special Use District does not permit Formula Retail Uses that are also Bar, Restaurant, or Limited Restaurant Uses as defined in Section 102-:~ (10) RH Districts do not permit Formula Retail uses that are also Limited Corner Commercial Uses: and (11) RM Districts do not permit Formula Retail uses that are also Limited Corner Commercial Uses. * * * * SEC. 303.2. PRIORITY PROCESSING FOR CERTAIN USES IN COMMERCIAL SPACE: EXPEDITED CONDITIONAL USE REVIEW AND APPROVAL PROCESS AND REDUCED APPLICATION FEE. * * * * (b) Priority Processing for Certain Uses. Applications for Conditional Use authorization that comply with the requirements of subsection (c) are eligible for priority processing and a prorated application fee. Eligibility for priority processing shall not require any application separate from a completed application for Conditional Use authorization. Unless modified by this Section 303.2 , the provisions of Section 303 shall apply. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 30 (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 intensifv a commercial use on the first story or below. or on the seccmd story where the commercial use would operate on both the first and second stories. in the subiect building and i[it complies with all of the following requirements: (1) It pertains exclusively to Non-Residential Uses; (2) It is limited to changes of use, tenant improvements, or other interior or storefront work; (3) It does not involve the removal of any Dwelling Units; (4) It does not involve a Formula Retail use, unless the Formula Retail use in question has fewer than 20 other establishments; (5) It does not propose or require the consolidation of multiple storefronts; (6) It does not seek to provide off-street parking in a quantity beyond that allowed as of right; and (7) lt tl-ees Rot seek ta est,ablish. expend, or inlens~fj,· r;ictivities durb1g hottrs 8.{BfJeraJ=ion (BJ J.t d8es 1uJI. seek lo sell aloohoUc bewerages.for either on si.te OF &j'pre,·11.ises co,·1suR?pti011, excep.'iing heet enrilar wine said irt COJ?jtmetion ·wUh the aperatiml 8_(e. BonB Fide &fiw; Place; []l(l)f It does not seek to establish or expand any of the following uses: (A) Adult Entertainment. (B) Bar. (!ll(Gf Drive-up Facility. {Q_ff))- Fringe Financial Service. (D)fE)- Medical Cannabis Dispensary. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 31 (G) }km Retail Seks and Sc,·ilice thc1:t is cl-eseti to .~he gerwrsl public. {!IlfHf Tobacco Paraphernalia Establishment. (F){J)--Wireless Communication Facility; and {!Jl(.J.f)} Is not within the Calle 24 Special Use District, as described and set forth in Section 249.59 of this Code. (9) It is not within the North Beach Neighborhood Commercial District. as described and set forth in Section 722. or the North Beach Special Use District, as described and set forth in Section 780.3. If the application qualifies for priority processing, the Department shall notify the applicant of the date of acceptance of the complete application and of the applicant's eligibility for priority processing. The application fee shall be prorated pursuant to subsection (f). (d) Expedited Commission Hearing. An eligible application shall be scheduled for a public hearing on the Planning Commission's consent calendar within 90 days from the date that the application has been deemed complete, unless the hearing date is extended pursuant to subsection (e). An application is deemed complete when the application and filing fee have been accepted by the Department. The Planning Commission shall develop rules and regulations to ensure that eligible applications are heard and determined within 90 days without compromising the review times of other applications. In order to aid the expedited processing of these applications, the Planning Department shall oreate and use an abbreviated ease report for applications that are eligible for this program. * * * * (f) Reduced Application Fee; Fee Refund. The fee for an application that meets the priority processing requirements of subsection (c) shall be 50% of the othervt1ise applicable fee established by Section 350 of this Gode. If the Planning Commission does not hold a Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 32 hearing oh a Conditional Use application that is eligible for priority processing within QO days of the date the application is deemed complete, or 'Nithin the additional time allotted if the Commission continues the matter pursuant to subsection (e), the applicant shall be entitled to a full refund of the application fee. SEC. 311. PERMIT REVIEW PROCEDURES. * * * * (b) Applicability. Except as indicated in this subsection (b), all building permit applications in Residential, NC, and NCT, end Eeslem: Neighberheeds ,\ii-xed Use Districts for a change of use;=, shall be subiect to /he notification and review procedures required by this Section 311. Except as indicated in this subsection (b), all building permit applications in Residential. NC, NCT. and Eastern Neighborhoods Mixed Use Districts for establishment of a Micro Wireless Telecommunications Services Facility; establishment of a Formula Retail Use; demolition, new construction, or alteration of buildings; and the removal of an authorized or unauthorized residential unit, shall be subject to the notification and review procedures required by this Section 311. In addition, with the exception of Grandfathered MCDs converting to Cannabis Retail use pursuant to Section 190(a), all building permit applications that would establish Cannabis Retail or Medical Cannabis Dispensary uses, regardless of zoning district, shall be subject to the notification and review procedures required by this Section 311. Notwithstanding the foregoing or any other requirement of this Section 311, a change of use to a Child Care Facility, as defined in Section 102, shall not be subject to the review requirements of this Section 311. Notwithstanding the foregoing or any other requirement of this Section 311, building permit applications to construct an Accessory Dwelling Unit pursuant to Section 207(c)(6) shall not be subject to the notification or review requirements of this Section 311. Notwithstanding the foregoing or any other requirement of this Section 311, Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 33 a change of use to a principally permitted use in an NC or NCT District, or in a limited commercial use or a limited corner commercial use, as defined in Sections 186 and 231, respectively, shall not be subject to the review or notice requirements of this Section 311. Notwithstanding the foregoing or any other requirement of this Section 311, building permit applications to change any existing Automotive Use to an Electric Vehicle Charging Location shall not be subject to the review or notification requirements of this Section 311. (1) Change of Use. Subject kJ the foregeingprrnisiens efsuhseetien (b), for the p·w1Hnes &f this Seet=iert 31 J, 8: clu=mge &fuse is de.fined as foY-eH:s: (A) Residential, NC, and NCT Districts. Subj~ct to the foregoing provisions ofthis subsection (b). for the purposes of this Section 311. ffeor all Residential, NC, and NCT Districts, a change of use is defined as a change to, or the addition of, any of the following land uses as defined in Section 102 of this Code: Adult Business, Bar, Cannabis Retail, General Entertainment, Group Housing, Limited Restaurant, Liquor Store, Massage Establishment, Medical Cannabis Dispensary, Nighttime Entertainment, Outdoor Activity Area, Post-Secondary Educational Institution, Private Community Facility, Public Community Facility, Religious Institution, Residential Care Facility, Restaurant, School, Tobacco Paraphernalia Establishment, Trade School, and Wireless Telecommunications Facility. A change of use from a Restaurant to a Limited-Restaurant shall not be subject to the provisions of this Section 311. Any accessory massage use in the Ocean Avenue Neighborhood Commercial Transit District shall be subject to the provisions of this Section 311. A change of use to a principally permitted use in an NC or NCT District, or in a limited commercial use or a limited corner commercial use, as defined in Sections 186 and 231, respectively, shall not be subject to the provisions of this Section 311. * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 34 (B) &stem Neighborhood :Mixed Use Districts. /:,i al-l E€1Stern Nei~,zbod10ed 1'4i.ved Use Districts c1 change efi,sc shBiJ be defecd €15 cl cha_nge Ri, or edcf.iti9,"I e.f. cl neri· /.mul use cetegory. A "!-£W1:d use a1:t:egorr ' shcdJ ,"11£8:l these categeries 1Jsed Le orgtmize the indhdd1xel lend uses #1£1:t 6EJ3PCa:r in the use ,'£/:bks, immediatelyprecedi1<tg c1 group of indi~·idutJ:l lemd uses, i:whuiing but net lin1i:-ed:. te Lhe fel:lewing: ResidcmtiaL Use; 1Rstili,i'lieRc1l Use; Retail Sales c11~d &nice Use; AsseHibly, Recre«:tiorl, Arts €Ind Enterl6imnent Use·· Office Use · Li,;e./rVork Units Use; },fe((jr T chicle Sen1ices Use; Vehicle Parking Use ,· lndustrtel Use · Home a:uiBitsiriCSS Ser~ice Use,· or Other Use. (!l..G) A change of use to a principally permitted use in the Western SoMa Plan Area, Central SoMa Plan Area, or East SoMa Plan Area shall not be subject to the provisions of this Section 311. * * * * SEC. 703. NEIGHBORHOOD COMMERCIAL DISTRICT REQUIREMENTS. * * * * (d) Accessory Uses. Subject to the limitations set forth below and in Sections 204.1 (Accessory Uses for Dwellings in All Districts), 204.4 (Dwelling Units Accessory to Other Uses), and 204.5 (Parking and Loading as Accessory Uses) of this Code, Accessory Uses as defined in Section 102 shall be permitted when located on the same lot. Notwithstanding the foregoing, a Retail Workspace, as defined in Section 102, shall be permitted as an Accessory Use in connection with any Eating and Drinking Use regardless of the floor area occupied by such Accessory Use, so long as (1) the hours of operation for the accessory Retail Workspace use are limited to 9 a.m. to 5 p.m. and (2) such Eating and Drinking Use is also open for business to the general public on each day during which the accessory Retail Workspace use is open. Any Use that does not qualify as an Accessory Use Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 35 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. No Use will be considered accessory to a permitted Principal or Conditional Use that involves or requires any of the following: (1) The use of more than one-third of the total floor area occupied by such use and the Principal or Conditional use to which it is accessory, except in the case of accessory off-street parking and loading and as specified in subsection (d)(3) below as accessory wholesaling, manufacturing, or processing of foods, goods, or commodities: (2) Any Bar or Restaurant, or any other retail establishment which serves liquor for consumption on-site; however, this shall not prohibit take-out food activity which operates in conjunction with a Limited Restaurant, Restaurant, General Grocery, and Specialty Grocery. This shall also not prohibit a Limited Restaurant as an Accessory Use to a permitted Principal or Conditional Use except as specified in sz:h!wction (d)(7)i n subsection (d)(7) below; (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: (A) In the North Beach Special Use District where such activities are limited to 15% of the total floor area occupied by the Principal or Conditional 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 (8) Notwithstanding 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: Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 36 (i) 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 (ii) 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. (4) Any retail Liquor Store. (5) Medical Cannabis Dispensaries. (6) Any General Entertainment or Nighttime Entertainment use, except for one that involves a Limited Live Performance Permit as set forth in Police Code Section 1060 et seq., or one that does not require a Limited Live Performance Permit as set forth in Police Code Section 1060.1 (e). (7) Within the ]Vf;Jrfh Be6ieh SUD an.d}ICD. eLiR1.i1ed Rest€Jurn,u. (7) Within the North Beach SUD and NCO. a Limited Restaurant. fl-filf8f A Health Service use as an Accessory Use in the Sacramento Street Neighborhood Commercial District requires a Conditional Use authorization on the ground story and is permitted above the ground story pursuant to Section 724 of this Code. ffefil&f Cannabis Retail that does not meet the limitations set forth in Section 204.3(a)(3) of this Code. @1Ql{-Mf An Adult Sex Venue as defined in Section 102 of this Code. * * * * SEC. 703.9. PRESERVATION OF HISTORIC BUILDINGS WITHIN THE FOLSOM STREET NCT AND RCD DISTRICTS. * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 37 (b) Permitted uses. Nen Retail Prefcssie11£1:l Ser,#ee, Rct6liZNon-Retail Professional Service. Retail Professional Service, Community Facility, Private Community Facility, Social Service and Philanthropic Facility, Financial Services, Gym, Limited Financial Service, Health Service, Personal Service, and Instructional Service uses, as defined in Section 102, are Principally Permitted. In the RCD District only, in addition to the above uses, Nighttime Entertainment uses as defined in Section 102 require Conditional Use authorization on the third floor and above, except that Nighttime Entertainment uses are Principally Permitted in Article 10 Landmark Building No. 120 (St. Joseph's Church at 1401 Howard Street). For all uses listed above, prior to the issuance of any necessary permits, the Zoning Administrator, with the advice of the Historic Preservation Commission, shall determine that allowing the use will enhance the feasibility of preserving the building. The project sponsor must also submit a Preservation, Rehabilitation, and Maintenance Plan that describes any proposed preservation and rehabilitation work and that guarantees the maintenance and upkeep of the historic resource for approval by the Department. This Plan shall include: (i) a plan for the ongoing maintenance of the subject property; (ii) information regarding the nature and cost of any rehabilitation, restoration, or preservation work to be conducted at the subject property, including information about any required seismic, life safety, or disability access work; (iii) a construction schedule; and (iv) such other information as the Department may require in order to determine compliance with this subsection 703.9(b). * * * * SEC. 710. NC-1 - NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT. * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 38 Table 710. NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT NC-1 ZONING CONTROL TABLE * * * * Zoning Category II§ References NON-RESIDENTIAL STANDARDS AND USES * * * * I NON-RESIDENTIAL USES * * * * I Entertainment, Arts and Recreation Use Category * * * * IArts Activities Ir 102 * * * * Sales and Service Use Category * * * * Flexible Retail §f 102, 202. 9 * * * * Kennel § 102 * * * * Restaurant §f 102, 202.2(a) Restaurant, Limited §f 102, 202.2(a) Services, Financial § 102 * * * * Services, :Refe#Retail Professional § 102 * * * * Service, Nrm Re!.tFi:! Pr&je8sienalService. f-14?i1Ql Non-Retail Professional * * * * * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS I Controls Controls by Story 1st II 2nd I 3rd+ PNJl.fl-} NP NP CNP NP NP P(3) P(3) NP P(3) pm_ NP CNP- NP NP p p p NPC pp NPNP - - Page 39 (3) TARAVAL STREET RESTAURANT SUBDISTRICT. Applicable only for the Taraval Street NC-1 District between 40th and 41stAvenues and between 45th and 47th Avenues as mapped on Sectional Maps 5 SU and 6 SU. Within the Taraval Street Restaurant Subdistrict, res1tn,we11.ts c1nd Limited Reste1xraMts e:re C· Formula Retail Restaurants and Formula Retail Limited Restaurants are NP::;- Formula Retail Restaurants and Formula Retail Limited Restaurants are NP if located within one quarter of one mile from the Taraval Street Restaurant Subdistrict. * * * * (7) [Note deleted. IP i,~ the geog.li'[!phie t:Erea descrfhed as Flexible Retail Zones in Seetien (8) {Note deleted. 7G in the geographic Rree described as F'lexible Re.tail Zones in Section * * * * SEC. 711. NC-2 - SMALL-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 711. SMALL-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT NC-2 ZONING CONTROL TABLE * * * * !zoning Category I§ References Controls * * * * I NON-RESIDENTIAL STANDARDS AND USES * * * * j NON-RESIDENTIAL USES Controls by Story j * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS 1st II 2nd II 3rd+ I Page 40 Entertainment, Arts and Recreation Use Category * * * * IArts Activities ID * * * * Sales and Service Use Category * * * * Flexible Retail §i 102, 202. 9 p1:,me()) 1 r.1 .... NP NP * * * * Restaurant §§ 102, 202.2(a) P(4) P(4) NP Restaurant, Limited §§ 102, 202.2(a) P(4) P(4) NP Services, Financial § 102 P(5) C(5) NP Services, Fringe Financial § 102 P(5)(6) NP NP Services, Limited Financial § 102 P(5) NP NP Services, Rele#Retail Professional § 102 p p p * * * * Service, 11f.Bn Retsi! PrefessionalServjce. f-14J§jfil N-flC p.p N-flNP Non-Retail Professional * * * * * * * * (4) TARAVAL STREET RESTAURANT SUBDISTRICT: Applicable only for the Taraval Street NC-2 District between 12th and 19th Avenues as mapped on Sectional Maps 5 SU and 6 SU. Res1c1;1:1Ftif:,'i,'S, LiHiited Jlesumrt.-nts cFre C; Formula Retail Restaurants and Limited- Restaurants are NP. (5) CHESTNUT STREET FINANCIAL SERVICE SUBDISTRICT: CN-fl for properties on Chestnut Street zoned NC-2 from Broderick to Fillmore Streets as mapped on Sectional Map 2 SU. * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 41 (10) [Note deleted. lP in the geegraphic eree descrihecl as Fk~ihk Ret61:ii Zones in Sectien * * * * SEC. 712. NC-3 -MODERATE-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 712. MOD ERA TE-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT NC-3 ZONING CONTROL TABLE * * * * Zoning Category § References NON-RESIDENTIAL STANDARDS * * * * NON-RESIDENTIAL USES * * * * Sales and Service Use Category * * * * Flexible Retail §i 102, 202. 9 * * * * Restaurant §§ 102, 202.2(a) Restaurant, Limited §§ 102, 202.2(a) Retail Sales and Service, General § 102 * * * * Services, -Re-ta#Retail Professional § 102 * * * * Service, ,¥6,•1 ~eltiU Pro/-e,'J1,,•9ne/Service , Non- Retail Professional §-MJilQl * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Controls Controls by Story 1st 2nd 3rd+ E.~ NP NP P(3)~ P(3)~ NP P(3)~ P(3)~ NP P(5) P(5) P(3) p p p GC Ff GC Page 42 * * * * (3) THIRD STREET SPECIAL USE DISTRICT Boundaries: Applicable only to the portion of the Third Street SUD as shown on Sectional Map 10 SU zoned NC-3. Controls: Off-sale retail liquor sales are NP; drive-up facilities for Restaurants and Limited-Restaurants are C. (4) [Note deleted.)MISSION STREET FORMUU\ RETAIL RESTAURANT SUBDISTRICT Boundaries: Applicable only f.or the portion of the Mission Street NC a District between 15th Street and Randall Street as mapped on Sectional Map 7 SU. Controls: Formula Retail Restaurants and Limited Restaurants are NP. (5) GEARY BOULEVARD FORMULA RETAIL PET SUPPLY STORE AND FORMULA RETAIL EATING AND DRINKING SUBDISTRICT: Applicable only for the portion of the Geary Boulevard NC-3 District between 14th and 28th Avenues as mapped on Sectional Maps 3 SU and 4 SU. Formula Retail pet supply stores and E{ormula :l?Petail ~eating and Ddrinking uses are NP. * * * * (9) {Note deleted. lP in lhe ge9graphie area described as Flexible Retail Zanes .in Scc#on * * * * SEC. 713. NC-S - NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT. * * * * Table 713. NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT NC-S ZONING CONTROL TABLE Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 43 * * * * !zoning Category I§ References Controls NON-RESIDENTIAL STANDARDS * * * * NON-RESIDENTIAL USES Controls by Story 1st 2nd I 3rd+ * * * * Sales and Service Use Category * * * * Flexible Retail §i 102, 202. 9 PNP-fe} NP NP * * * * Bestaurant §§ 102, 202.2(al p P(1) NP Restaurant, Limited §§ 102, 202.2(a) Pflj Pflj NP * * * * Services, Rete#Retail Professional § 102 p p p * * * * Serviee, Nan Retail l1rtt-te55ie,it11Service, Non-Retail ~§102 GC FP ,i\l'FfljNP(1l Professional * * * * * * * * (1) LAKESHORE PLAZA SPECIAL USE DISTRICT Boundaries: Applicable only for the Lakeshore Plaza NC-S District as mapped on Sectional Map SU 13 and HT13. Controls: Special controls on various features and uses, and residential standards per Section 780.1, and special Height controls per Section 253.3. * * * * (6) [Note deleted. IP in the geogrBphie Bree described e.s Flexible Retail Zones in Section I Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 44 * * * * SEC. 714. BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * The Broadway District controls are designed to encourage development that is compatible with the existing moderate building scale and mixed-use character, and maintain the district's balance of entertainment uses, restaurants, and small-scale retail stores. New buildings exceeding 40 feet in height will be carefully reviewed and rear yards at residential levels are protected. Most commercial uses in new buildings are permitted at the first two stories. Neighborhood-serving businesses are strongly encouraged. In order to protect the livability of the area, limitations apply to new fast f.oodformula retail restaurants and adult entertainment uses at the first and second stories, as well as late-night activity. Financial services are allowed on the ground story subject to certain limitations. Nonretail offices are limitedprBhibUedprohibited on the first story and above the second story in order to prevent encroachment of the adjoining downtown office uses. Due to the high traffic volume on Broadway, most automobile and drive-up uses are prohibited in order to prevent further traffic congestion. Parking garages are permitted if their ingress and egress do not disrupt the traffic flow on Broadway. * * * * Table 714. BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * jzoning Category IJ§ References JNON-RESIDENTIAL STANDARDS AND USES Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Controls Page 45 * * * * Controls by Story I I 1st 2nd 3rd+ * * * * Sales and Service Use Category Retail Sales and Service Uses* §§ 102, 202.2(a), p p NP 202.3 * * * * Flexible Retail §f 102, 202.9 PN/2 NP NP * * * * Services, Re/e#Retail Professional § 102 p p p * * * * Sen;iee, J!len Bete.#. l're:fe55ienal ~ NJ2 p. NJ2 * * * * Non-Retail Sales and Service* § 102 NP NP * * * * Service, Non-Retail Prgfessional § 102 NP p * * * * * * * * SEC. 715. CASTRO STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 715. CASTRO STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Zoning Category II§ References NON-RESIDENTIAL STANDARDS AND USES * * * * II Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Controls II NP NP Page 46 Controls by Story ~ 2nd 3rd+ * * * * Sales and Services Use Category * * * * Flexible Retail §.£ 102. 202. 9 PNP- NP NP * * * * Services, Rele#Retail Professional § 102 p p p * * * * Ser:iee, NtJn Rel9.il Professien€tlService, Non- §--WJ§ 102 NFC PP NP-NP Retail Professional - * * * * * * * * SEC. 716. INNER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * The Inner Clement Street District controls are designed to promote development that is consistent with its existing land use patterns and to maintain a harmony of uses that supports the district's vitality. The building standards allow small-scale buildings and uses, protecting rear yards above the ground story and at residential levels. In new development, most commercial uses are permitted at the first two stories, although certain limitations apply to uses at the second story. Special controls are necessary to preserve the equilibrium of neighborhood-serving convenience and comparison shopping businesses and protect adjacent residential livability. These controls~ additional financial service uses.end hm# additional eating and drinking establishments, and late-night commercial uses. In order to maintain the street's active retail frontage, controls also prohibit most new automobile and drive-up uses. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 47 * * * * Table 716. INNER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * !zoning Category 11§ References Controls I NON-RESIDENTIAL STANDARDS AND USES * * * * I I Controls by Story 1st 2nd 3rd+ * * * * Sales and Service Use Category * * * * Flexible Retail §i 102, 202. 9 p NP NP Services, Financial § 102 CNF NP NP * * * * Services, Rete#Retail Professional § 102 p p p * * * * Ser\}ice, Nen Retail ProfessionalService .. §--:I-OJ§ 102 NFC FE NFNP Non-Retail Professional * * * * * * * * SEC. 718. UPPER FILLMORE STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 718. UPPER FILLMORE STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandel man, Chan, Safai BOARD OF SUPERVISORS Page 48 Zoning Category § References Controls NON-RESIDENTIAL STANDARDS AND USES * * * * I Controls by Story 1st 2nd 3rd+ * * * * Sales and Service Use Category * * * * Flexible Retail §§ 102, 202.9 PN-P NP NP * * * * Services, ~Retail Professional § 102 p p p * * * * &n1iee, lwm. Beffl.it .Prfefe55ifma1Service, Non-Retail P[ofessional §-WJ~ N-PC FP NP-NP * * * * * * * * SEC. 719. HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * The Haight Street District controls are designed to protect the existing building scale and promote new mixed-use development which is in character with adjacent buildings. The building standards regulate large-lot and use development and protect rear yards above the ground story and at residential levels. To promote the prevailing mixed-use character, most commercial uses are directed primarily to the ground story with some upper-story restrictions in new buildings. In order to maintain the balanced mix and variety of neighborhood-serving commercial uses and regulate the more intensive commercial uses which can generate congestion and nuisance problems, special controls~ additional drinking uses and Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 49 tourist hotels. Prohibitions of most automobile and drive-up uses protect the district's continuous retail frontage. * * * * Table 719. HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * !zoning Category JJ§ References Controls I NON-RESIDENTIAL STANDARDS AND USES * * * * Controls by Story ll 1st 2nd 3rd+ * * * * Sales and Service Use Category * * * * Bar §§ 102, 202.2(a) CNF * * * * Flexible Retail §f 102, 202. 9 p * * * * Restaurant §§ 102, 202.2(a) P[J1NP(J) (4) * * * * Services, Health § 102 NPGN-P * * * * Services, :Re/a#Retail § 102 p Professional * * * * Ser'Picc, }km Retail P-1·efe55iaiialService , Non-Retai I :f-14?§,jfil NFC Professional * * * * * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS NP NP NP NP NP NP C NP p p pp NFNP Page 50 (3) HAIGHT STREET ALCOHOL RESTRICTED USE SUBDISTRICT: Retail establishments selling off-sale or on-sale alcoholic beverages are ne1 permitted as a Conditional Use pursuant to Section 781.9. (4) {Not_e deleted.7HA!GHTSTREETRESTAUP.A"JitIS Bcn,1:ndaries.: APfJlicahJe te· the Haight Street Neighborhood Commercial District and Haight St,,=eetAJeehel Restricted Use Subdivisiel'I. Cen!relcs: A Restr:li,•reuit mey be permiNed e:s e CaRditienal Use 81'1 the gre'tmd level if, in. eddilien ta the crilerie, setfor#t in. Sectien 303, :he Planning Cemmd.<;skm has approved ne more t-hER'I e wu,.l ef'.J RestGrur6l-l'lls in e1ccardance with this Secfim'l. Shol;l;Jd €l ReslaurQnlperrnUted under this Sectien cetf!ie eperalien cmd cemplctc a lcm_fitl chal'lgc e_fusc Le anether principally er eonditionallJ,· permitted use, the C:ommis.'iion may consider a new Resl6:urr:mt in accorikmce with. the terffl.s efthis Sectien. * * * * SEC. 720. EXCELSIOR OUTER MISSION NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 720. EXCELSIOR OUTER MISSION STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Zoning Category II§ References NON-RESIDENTIAL STANDARDS AND USES * * * * 1. * * * II Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandel man, Chan, Safai BOARD OF SUPERVISORS Controls Controls by Story I 1st 2nd 3rd+ Page 51 Institutional Use Category * * * * Job Training § 102 CNP p p * * * * I II Social Service or Philanthropic Facility § 102 CNP p p Sales and Service Use Category * * * * Flexible Retail §.§: 102, 202. 9 p NP NP * * * * Services, :Rele#Retail Professional § 102 p p p * * * * Service, lVan. Reicfil Pr~fessie:'i:elService, Non- f-1-{}J§ 1 02 GC FP GC Retail Professional * * * * * * * * SEC. 721. JAPANTOWN NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 721. JAPANTOWN NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Zoning Category § References Controls NON-RESIDENTIAL STANDARDS AND USES * * * * * * * * Controls by Story 1st 2nd 3rd+ * * * * Flexible Retail §§ 102, 202.9 p NP NP * * * * I Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 52 Service, Non-Retail § 102 NPC p C Professional * * * * * * * * SEC. 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Zoning Category § References I Controls * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * Controls by Story 1st 2nd 3rd+ Sales and Service Use Category * * * * Bar §§ 102, 202.2(a), C(5)(6) NP NP 780.3 * * * * Flexible Retail §f 102, 202. 9 PNPNP NP NP * * * * Restaurant §§ 102, 202.2(a), C(5)(6) NP NP 780.3 Restaurant, Limited §§ 102, 202.2(a), GP-C(5) NP NP 780.3 Services, Financial § 102, 781.6 C(7) NP NP * * * * Services, Limited Financial § 102 C(2)(7) NP NP I Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 53 Services, Re/6#Retail § 102 PPfill p P-NPP Professional * * * * Design Professional § 102,781.6 PGC(7) p NP &F¥iee, ,"b.len Retfilil ll·f·~fe,s.sio118lService, Non- §-#}J~ NFNP PP NFNP Retail Professional * * * * * * * * (5) NORTH BEACH SPECIAL USE DISTRICT (Section 780.3): * * * * (E) Existing ret-ail er cemmereiel spewes or si<Jrefi·onts ma_y he eonselitiated or me~·ged 1,1:il.h efl'l &isling Pu/Jlie .fia:eitityfer Sen Frencis·ee Police DOf)ert,nentftmctiens er t1uxilietF}' s1-,ece essoeiated with f;ueh use. Any inaease or decre8Se in squcire :/eotage resttltingfrem such Cf:mselidatitm or l'l?erger is Prmcij9ally Pe,7'fzilted end does not require 8 Con.ditienel Use authori::et-i-en. This su/Jsectian (E) shell expire three yaws Bfier its e:ffee.'ive tia.'e unhJss ex/ended by oniine=nce pursueml to &etien 'J8Q. 3fc)(3). (6) NORTH BEACH LIQUOR LICENSES FOR RESTAURANTS (Section 780.3): A Restaurant Use may only add ABC license types 02, 23, 41, 47, 49, 59 or 75 as a Conditional Use on the First Story if, in addition to the criteria set forth in Section 303, the Planning Commission finds that the Restaurant is operating as a Bona Fide Eating Place as defined in Section 102. Should a Restaurant fail to operate as a Bona Fide Eating Place for any length of time, the Conditional Use authorization shall be subject to immediate revocation. To verify that the Restaurant is continuing to operate as a Bona Fide Eating Place, records of the Restaurant's gross receipts or gross sales, shewing that e niinimum ef5l% f>fits gress receipts within the .!,as.' yaw isfi·e,·~'l feori se!:es prepered &mi sold .!<3 guests en the pre,nises, shall be provided Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 54 to the Department upon request. All records and information shall be submitted to the Department under penalty of perjury. (7) NORTH BEACH FINANCIAL SERVICE, LIMITED FINANCIAL SERVICE, AND BUSINESS OR PROFESSIONAL SERVICE SUBDISTRICT (Section 781.6) Boundaries: Applicable only for portions of the North Beach NCO south of Greenwich Street as mapped on Sectional Map SU01. Controls: Financial Services and Limited Financial Services are NP at all stories; -Retett Prefessionel Service,9, Desig."l Pro.fessiemal, tffidRetail Professional Services. Design Professional. and Trade Office~ are NP at the First story. Design Professional uses are Cat the First story. * * * * SEC. 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * !zoning Category I§ References Controls NON-RESIDENTIAL STANDARDS AND USES (7) * * * * I Controls by Story 1st II 2nd 11 ard+ * * * * Isales and Service Use Category I * * * * ~ Flexible Retail §i 102, 202. 9 PNP NP Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 55 * * * * Services, Health § 102 NP(3)GNP C C * * * * Services, Rete#Retail Professional § 102 NP(3}P p p * * * * Service, }l-fm Ret8:il P~·e;ies5ie,oza1Service, Non-Retail §--lOJ~ NFNP(12} J!P NFNP Professional * * * * * * * * (3) Health Services are pPrincipally permitted on properties that do not have any frontage on Polk Street or California Street. * * * * (12} Conditionally permitted on properties that do not have any frontage on Polk Street or California Street. SEC. 724. SACRAMENTO STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * The Sacramento Street District controls are designed to promote adequate growth opportunities for development that is compatible with the surrounding low-density residential neighborhood. The building standards monitor large-scale development and protect rear yards at the grade level and above. Most new commercial development is permitted at the first story; general retail uses are permitted at the second story only if such use would not involve conversion of any existing housing units. Special controls are designed to protect existing neighborhood-serving ground-story retail uses. Nc.vReBlllz Service uses, whether Prindpe:Z er AcccsYery, require t., Cenel:itienel Use eutherizeticm on the gre'hmd sterv end are permi.'1£il: Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 56 fil'39ve the ground ste:y . Limits on financial service uses are intended to minimize the environmental impacts generated by the growth of such uses. The daytime orientation of the district is encouraged by requiring conditional use authorization for prohihiting bars and restricting late-night commercial activity. New hotels and parking facilities are limited in scale and operation to minimize disruption to the neighborhood. Most new automobile and drive-up uses are prohibited to promote continuous retail frontage. * * * * Table 724. SACRAMENTO STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Zoning Category § References II Controls NON-RESIDENTIAL STANDARDS AND USES * * * * Controls by Story 1st 2nd I 3rd * * * * Sales and Service Use Category * * * * Bar §§ 102, 202.2(a) CNP NP NP * * * * Flexible Retail §§ 102, 202.9 PN/2 NP NP Gym § 102 PG NP NP * * * * Services, Health § 102 E_G(4f p p * * * * Services, Personal § 102 PG NP NP Services, Re/e#Retail Professional § 102 p p p * * * * I Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 57 Design Professional § 102 Cf4} NP NP Senice, ,hlen RetRil Prefessie,"lt.,!Service, Non-Retail §--14?~ NFC FP NP-NP - Professional * * * * * * * * (4) (Note deleted. IA Heal-th Service Use recfb(.ires a Condition6:l Use 8J;1.'horizatio19 OJ<l the g=,=eund 5t-e17· whelher it is }2rineipel er A.cees_tiO,'Y. * * * * SEC. 725. UNION STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * The Union Street District controls are designed to provide sufficient growth opportunities for commercial development that is in keeping with the existing scale and character, promote continuous retail frontage, and protect adjacent residential livability. Small- scale buildings and neighborhood-serving uses are promoted, and rear yards above the ground story and at all residential levels are protected. Most commercial development is permitted at the first two stories of new buildings, while retail service uses are monitored at the third story and above. Controls are necessary to preserve the remaining convenience businesses and to reduce the cumulative impacts which the growth of certain uses have on neighborhood residents. Such controls require Conditional Use authorLation for pFehihit additional drinking establishments and limit additional entertainment, and financial service uses. Most automobile and drive-up uses are prohibited in order to maintain continuous retail frontage and minimize further traffic congestion. * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 58 Table 725. UNION STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * !zoning Category I § References Controls NON-RESIDENTIAL STANDARDS AND USES * * * * i Controls by Story 1st 2nd 3rd+ * * * * Sales and Service Use Category * * * * Bar §§ 102, 202.2(a) CNP NP NP * * * * Flexible Retail §f 102, 202. 9 f._NF NP NP * * * * Services, RetailRetail Professional § 102 p p p * * * * Se1'V.ice, ,'Af.8n Retttil Pre}"essiene/Service. f-/-0.?-~ NFC FP NF-IjE Non-Retail Professional - * * * * * * * * SEC. 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * !zoning Category II§ References Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Controls Page 59 I NON-RESIDENTIAL STANDARDS AND USES (6) * * * * Controls by Story I 1st 1(8]1 3rd+ I * * * * Sales and Service Use Category * * * * Bar §§ 102, 202.2(a) GNPNP NP NP * * * * Flexible Retail §i 102, 202. 9 P-A!PNP NP NP * * * * Services, Health § 102 GNJ.2NP C NP * * * * Services, RelailRetail § 102 p p p Professional * * * * &F+'iee, 1"!:lle1'i Retail Jl.rBj-fe-s-sienelService, Non-Retail §--J-OJ§ 1 02 NllNP FE NllNP Professional * * * * * * * * SEC. 727. LAKESIDE VILLAGE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Commercial use provisions encourage the full range of neighborhood-serving convenience retail sales and services provided that the use size generally is limited to 3,000 square feet. However, commercial uses and features which could impact residential livability are prohibited, such as auto uses, fincmeiel-serviee-s, general advertising signs, drive-up facilities, hotels, and late-night activity. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 60 * * * * Table 727. LAKESIDE VILLAGE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE I Lakeside Village NCO I Zoning Catego[J!_ ~ Refgrences Controls * * * * Zoning Category I§ References II Controls NON-RESIDENTIAL STANDARDS * * * * 'NON RESIDENTIAL USES II Controls by Story - 1st II 2nd 3rd+ * * * * Sales and Service Use Category * * * * Flexible Retail §f 102, 202. 9 PNP- NP NP * * * * Services, Financial § 102 PNP- NP NP * * * * Services, Rete#Retail Professional § 102 p p p * * * * Service, ,Ven Retail Pre/ession8.lService, Non-Retail f-Jt)J~ NFC PP NP-NP Professional * * * * * * * * SEC. 728. 24TH STREET- NOE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 61 Table 728. 24TH STREET - NOE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * !zoning Category II§ References Controls NON-RESIDENTIAL STANDARDS AND USES * * * * I II Controls by Story 1st 2nd 3rd+ * * * * Sales and Service Use Category * * * * Flexible Retail §.§: 102, 202. 9 PNP- NP NP * * * * Services, ~Retail Professional § 102 p p p * * * * Seniee, ,Ven Retail Prf?-feSSie,·1£LlService. :f--WJ§ 102 NFC J2P N-FNP Non-Retail Professional * * * * * * * * SEC. 729. WEST PORTAL AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Special controls on commercial uses are designed to protect the existing mix of ground- story retail uses and prevent further intensification and congestion in the district. ,Ve ,~c-w .fenaneial sen:ices are permmed. Because the district and surrounding neighborhoods are well served by the existing number of eating and drinking establishments, new bars are discouraged: any proposed new establishment should be carefully reviewed to ensure that it is neighborhood-serving and family-oriented, and will not generate traffic, parking, or litter I Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 62 problems. Medical, business or professional services are permitted at the first two stories, but additional ground-story locations are to be closely monitored to ensure that the current balance between retail and office uses is maintained. Existing service stations are encouraged to continue operating, but changes in their size, operation, or location are subject to review. Other automotive uses are prohibited. The neighborhood-oriented, retail character of the district is further protected by prohibiting hotels and limiting nonretail uses. The daytime orientation of the district is maintained by prohibition of late-night commercial operating hours. * * * * Table 729. WEST PORTAL AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * !zoning Category ii§ References Controls !NON-RESIDENTIAL STANDARDS AND USES * * * * Controls by Story 1st I 2nd ii 3rd+ * * * * jEntertainment, Arts and Recreation Use Category I* * * * I I I II Movie Theater §§ 102, 202.4 leG (EG lieG * * * * Sales and Service Use Category * * * * Flexible Retail §f 102! 202. 9 PNF NP NP * * * * Services, Financial § 102 CNF NP NP * * * * Services, Health § 102 PG p NP I I Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 63 * * * * Services, &ta#Retail Professional § 102 p p * * * * Design Professional § 102 f_G p Ser,.,icc, lwm Retail PrejessienelService. §--141§ 102 NFC PP Non-Retail Professional * * * * * * * * SEC. 730. INNER SUNSET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 730. INNER SUNSET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Zoning Category § References Controls NON-RESIDENTIAL STANDARDS AND USES * * * * p NP NF-NP Controls by Story I* * * * I Automotive Use Category Automotive Uses* §§ 102,187.1, 202.2(b) )O.~teA=1eti1.«e Re13aiF ~ Electric Vehicle Charging Location §§ 102, 202.2(b), 202.13 Fleet Charging § 102 Parking Garage, Private § 102 Parking Garage, Public § 102 Parking Lot, Private §§ 102, 142, 156 Parking Lot, Public §§ 102, 142, 156 Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS 1st 2nd 3rd+ CNF- NP NP G NP NP C(7) C(7) C(7) C C C C C C C C C C C C C C C Page 64 * * * * Sales and Service Use Category * * * * Flexible Retail §i 102, 202. 9 p NP * * * * Services, Health § 102 Pt C * * * * Services, :RettttlRetail Professional § 102 p p * * * * Service, ]'Ion Rett1il P1·~-ie5ffie,'talService., t:-loo-Betail :f-MJ~ N-P-C FP Professional * * * * * Not listed below * * * * (7) P where existing use is any Automotive Use. SEC. 734. JUDAH STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 734. JUDAH STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * !zoning Category J § References Controls NON-RESIDENTIAL STANDARDS AND USES * * * * Controls by Story * * * * jsales and Service Use Category Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS II 2nd I 3rd+ NP NP p NP-NP Page 65 * * * * Flexible Retail §.§: 102, 202. 9 p NP NP * * * * Services, Re-te#Retail § 102 PNF p NP Professional - * * * * ~,..~iee, ll/tm Retail Pr&jcssiona/Se rv ice. Non- §--1-0J§ 102 NFC FP NFNP - Retail Professional * * * * * * * * SEC. 738. CORTLAND AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 738. CORTLAND AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Zoning Category § References Controls NON-RESIDENTIAL STANDARDS AND USES * * * * I NON-RESIDENTIAL USES * * * * Sales and Service Use Category * * * * Flexible Retail §.§: 102, 202. 9 * * * * Services, Re-te#Retail Professional § 102 * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS I Controls by Story 1st 2nd 3rd+ PNF NP NP p p p Page 66 "S~e~,~~:i~ee~·~N~o~n~R~e~~~il~P~r~~,~~~E-io_11_9_zs_e_N_i_ce_._~1~§-JQ_2_§_1_0_2 __ ~11~c 11~p ~~NPI ,_ Non-Retail Professional . . * * * * * * * * SEC. 739. GEARY BOULEVARD NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 739. GEARY BOULEVARD NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * !zoning Category I§ References Controls NON-RESIDENTIAL STANDARDS AND USES * * * * NON-RESIDENTIAL USES Controls by Story 1st II 2nd 11 3rd+ * * * * Sales and Service Use Category * * * * Flexible Retail §f 102, 202.9 PNP-(6) NP NP * * * * SeNices, RetmlRetail Professional § 102 p p p * * * * Senrice, ,Von Retail Professiena!Service, Non-Retail §-lth?,~ GC FP GC - - - Professional * * * * * * * * (3) GEARY BOULEVARD FORMULA RETAIL PET SUPPLY STORE AND FORMU~ RETAIL EATING AND DRINKING SUBDISTRICT: Applicable only for the portion I Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 67 of the Geary Boulevard NCO between 14th and 28th Avenues as mapped on Sectional Maps 3 SU and 4 SU. Formula Retail pet supply stores and Eformula RFetail ~eating and Ddrinking uses are NP. * * * * (6) [Note deleted. lP in the geogr€FJ)hic c1re£1 described 85 Fkx.ibk Releil Zenes iR Secf:ien (7) (Note deleted. 7G ht the gee-grtlj3hic eu·ui described clS F'kxibk Ret-sil Zfmes in Section * * * * SEC. 740. MISSION BERNAL NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 740. MISSION BERNAL NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * jzoning Category II§ References NON-RESIDENTIAL STANDARDS * * * * NON-RESIDENTIAL USES * * * * Sales and Service Use Category * * * * Flexible Retail §f 102, 202. 9 * * * * Restaurant §§ 102, 202.2(a) Restaurant, Limited §§ 102, 202.2(a) Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Controls Controls by Story 1st 2nd 3rd+ PNJ¥J} NP NP p~ p~ NP p~ p~ NP Page 68 * * * * Services, Re/a#Retail Professional § 102 p p p * * * * Service, }·I-BR Reteil Pr~fessieneZService. f-MJ~ GC pp GC Non-Retail Professional - * * * * * * * * (2) [Note deleted.]MISSION STREET FORMUU\ RETJ\IL RESTJ\URi\NT SUBDISTRICT Boundaries: Generally applicable only for the portion of the Mission Bernal Neighborhood Commercial District betv,een 14th and Randall Streets, as designated on Sectional Map 7SU of the Zoning Map. Controls: Formula Retail Restaurants and Limited Restaurants are NP. * * * * SEC. 741. SAN BRUNO AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * - Table 741. SAN BRUNO AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * !zoning Category II§ References !NON-RESIDENTIAL STANDARDS AND USES * * * * !NON-RESIDENTIAL USES * * * * Sales and Service Use Category Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Controls I Controls by Story 1st II 2nd I 3rd+ Page 69 * * * * Flexible Retail §§: 102, 202. 9 PNF NP NP * * * * Services, Reta#Retail Professional § 102 p p p Ser-;foe, lVtm -Re~eil Pre-fe,sf1i(:melService 1 ~Qo-Retail ProfessiQoal §-WJ§ 102 NFC J!P NFNP * * * * * * * * SEC. 744. LOWER POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 744. LOWER POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * !zoning Category II§ References Controls I NON-RESIDENTIAL USES Controls by Story I 1st 1~3rd-t * * * * Sales and Service Use Category I * * * * Flexible Retail §§: 102, 202.9 PNF NP NP * * * * Services, :l?ehmRetail Professional § 102 p p p * * * * Service, li/on RetBil ProJe1,·siona.JService. Non- §-WJ~ GC FE GC Retail erofessional - * * * * * * * * Mayor Breed; Supervisors Engardio. Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 70 SEC. 750. NCT-1 - NEIGHBORHOOD COMMERCIAL TRANSIT CLUSTER DISTRICT. * * * * NCT-1 commercial use provisions encourage the full range of neighborhood-serving convenience retail sales and services at the First Story provided that the Use Size generally is limited to 3,000 square feet. However, commercial uses and features which could impact residential livability are prohibited, such as auto uses,fintmcial ser11Jices, general advertising signs, drive-up facilities, hotels, and late-night activity;;. * * * * Table 750. NEIGHBORHOOD COMMERCIAL TRANSIT CLUSTER DISTRICT NCT-1 ZONING CONTROL TABLE * * * * !zoning Category II§ References !NON-RESIDENTIAL STANDARDS AND USES * * * * II 1st * * * * Sales and Service Use Category * * * * Flexible Retail §f 102, 202. 9 PNJJ.pf * * * * Services, Financial § 102 CNF * * * * Services, Retei!Retail Professional § 102 p * * * * Ser.dee, IV-en Relail PrC?fessionalSe rvice, Non-Retail f-14?~ NFC - Professional * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Controls Controls by Story 2nd 3rd+ NP NP NP NP p p ,µp NFNP - Page 71 * * * * (7) !Note deleted. lP in the geegrephic clrC6l de1,-crihed as Fkx.ihJe Retail Z<:mes in SecliieR * * * * SEC. 751. NCT-2 - SMALL-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 751 . SMALL-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT NCT-2 ZONING CONTROL TABLE * * * * !Zoning Category IJ§ References jjcontrols I NON-RESIDENTIAL STANDARDS AND USES * * * * :ontrols by Story st 2nd 3rd+ * * * * Sales and Service Use Category * * * * Flexible Retail §§ 102, 202. 9 p~ NP NP * * * * Services, :R-e-ta#Retail Professional § 102 p p p * * * * Ser,·ice, }km Retail Prefessiene:lService. §-J-f)J§ 1 02 NllC J!P NllNP Non-Retail Professional * * * * * * * * (5) {Note deleted. 7P in the ge&1:,"1'6lphie eree described es Fkxihl,e Retail Zones in Sectien Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 72 * * * * SEC. 752. NCT-3 - MODE RA TE-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 752. MOD ERA TE-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT NCT-3 ZONING CONTROL TABLE * * * * Zoning Category § References NON-RESIDENTIAL STANDARDS AND USES * * * * I * * * * Sales and Service Use Category * * * * Flexible Retail §i 102, 202. 9 * * * * Services, :Rete#Retail Professional § 102 * * * * Non-Retail Sales and Service* § 102 Catering § 102 * * * * $er•,,i.ee, }len B.efail }2~·~/e6'6'Eeri!tlService, t:J Qn- Retail Professional §--44?~ * * * * * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Controls Controls by Story 1st 2nd 3rd+ p~ NP NP p p p NP NP NP P(l l) NP NP GC p_e GC Page 73 (11) A Catering Use in this district mav not distribute or deliver individual meals to customers directlv from the lot, either by its own means. or through a third-party delivery service. * * * * SEC. 753. SOMA NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 753. SOMA NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * !zoning Category I § References Controls NON-RESIDENTIAL STANDARDS AND USES * * * * II I Controls by Story 1st I 2nd II 3rd+ * * * * Sales and Service Use Category Retail Sales and Service* §§ 102, 202.2(a), p p NP 202.3 * * * * Flexible Retail §.§: 102, 202. 9 PNP NP NP * * * * Services, Retail Pro{§ssional § 102 p p p * * * * Non-Retail Sales and Service* § 102 NP NP NP * * * * Service, Non-Retail Professional ~ C p NP - Trade Office § 102 p p NP * * * * I I Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 74 * * * * SEC. 754. MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * (c) Controls. * * * * (2) Commercial Mergers. The consolidation or merger of existing ground floor commercial spaces that would result in greater than 1,500 gross square feet of consolidated or merged space shall require conditional u e authorization pursuant to Section 303. heymhih#ed, except far Lega:ey Busi:nesse5, Arts Ac#vitic5 U5e5, f1.nd !nstitutio11al Com,nunity Use5. The prohibition shs.l! NBl clpfJly lo prefects that S'bl:hmitted a development ttpplictllien es defined in SectioM ,{()], liO the PJ.anni,~gDepBrlmentprior lo July 3l. 2018. * * * * Table 754. MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * !zoning Category I§ References Controls I NON-RESIDENTIAL STANDARDS AND USES I* * * * I I Controls by Story l~l2nd l 3rd+ * * * * Sales and Service Use Category * * * * Bar §§ 102, 202.2(a) C(7) * * * * Flexible Retail §.§: 102, 202. 9 PN-P- Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS C(7) NP NP NP Page 75 * * * * Restaurant §§ 102, 202.2(a), C(7) NP NP 249.60(f)(1) Restaurant, Limited §§ 102, 202.2(a) P(7) NP NP * * * * Services, Limited Financial § 102 p p NP SeFViees, PFefessieRal ~ p p p * * * * * * * * (7) The total number of £eating and Ddrinking uses (Restaurants, Limited Restaurants, and Bars) within the District shall not exceed 179197167. A new Restaurant, Limited Restaurant, or Bar shall not be permitted if it would result in a net total of more than 179197}67 &eating and Ddrinking uses in the District. Accessory Limited Restaurants are not subject to and do not count toward the 179197167cap on £eating and Ddrinking uses. * * * * SEC. 755. OCEAN AVENUE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 755. OCEAN AVENUE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * !zoning Category II§ References !NON-RESIDENTIAL STANDARDS AND USES * * * * I * * * * Sales and Service Use Category * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Controls I Controls by Story 1st I 2nd 3rd+ II II Page 76 Flexible Retail §i 102! 202.9 PNP- NP NP * * * * Services, l?ete#Retail Professional § 102 p p p * * * * Se,'"'.1iee, Nen Re,(eil Profes.'iie,·'l£1lServjce, §--#}J§ 102 NFC FP NP-NP Non-Retail Professional * * * * * * * * SEC. 756. GLEN PARK NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 756. GLEN PARK NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * Zoning Category § References NON-RESIDENTIAL STANDARDS AND USES * * * * * * * * Sales and Service Use Category * * * * Flexible Retail §i 102. 202.9 * * * * Services, l?ete#Retail Professional § 102 * * * * Se:rviee. />le1'l Ret-aU 1~·e-fe-s5ienalService 1 Non-Retail Professional §--#}J~ * * * * * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Controls Controls by Story 1st 2nd 11 3rd+ PNP- NP NP p p p NFC p_e NP-NP Page 77 SEC. 757. FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 757. FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * Zoning Category § References Controls NON-RESIDENTIAL STANDARDS AND USES * * * * I I Controls by Story I 1st I 2nd II 3rd+ * * * * Sales and Service Use Category * * * * Flexible Retail §~ 102, 202.9 PN.Jl NP NP * * * * Services, Rete#Retail Professional § 102 Pflf p p * * * * Ser·;iee, Nt:m Retail PrefessieHaiService, :f-t4J~ NFC FP NFNP Non-Retail PrQfessional * * * * * * * * (7) {Note deleted. M{ust be primti1if·ii)· Of)Cn l<'J the gef'l,ercr:lpubtic en ct elierit erieme6l bruis NP * * * * I I Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 78 SEC. 758. REGIONAL COMMERCIAL DISTRICT. * * * * * * * * !zoning Category * * * * Table 758. REGIONAL COMMERCIAL DISTRICT ZONING CONTROL TABLE II§ References I NON-RESIDENTIAL STANDARDS AND USES Controls I Controls by Story I 1st I 2nd II 3rd+ * * * * I Sales and Service Use Category * * * * Flexible Retail §i 102, 202. 9 PNP NP NP * * * * Services, :Rel6#Retail Professional § 102 Pfe} p p &1·..,.iee, ,?ilfm Ret-eU P.re.fe55ie?u:1i ~ NP p. NP &n·iee, }lfm -Retail :P-1~fe&6'ie~ialServiQe 1 Non-Retail P[ofessional ~~ pp p.p NPNP * * * * * * * * (6) P when primarily open to the general public on a client-oriented basis. * * * * SEC. 762. VALENCIA STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 79 The Valencia Street District has a pattern of large lots and businesses, as well as a sizable number of upper-story residential units. Controls are designed to permit moderate- scale buildings and uses, protecting rear yards above the ground story and at residential levels. New neighborhood-serving commercial development is encouraged mainly at the ground story. While offices and general retail sales uses may locate at the second story of new buildings under certain circumstances, most commercial uses are prohibited above the second story. Continuous retail frontage is promoted by prohibiting drive-up facilities and, some automobile uses, and limiting new nonretail commercial uses. Parking is not required, and any new parking is required to be set back or below ground. Active, pedestrian-oriented ground floor uses are required. * * * * Table 762. VALENCIA STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * !zoning Category II§ References Controls NON-RESIDENTIAL STANDARDS AND USES * * * * II Controls by Story 1st * * * * Sales and Service Use Category * * * * Flexible Retail §i 102, 202. 9 PNF * * * * Services, Retei/Retail Professional § 102 p Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS 2nd 3rd+ NP NP p p Page 80 * * * * &,,,.,iee, 1¥6~"1 ReteU P.re/e-s-si.tmelService, Non-Retail Professional §l4-J~ NFC PP NF-NP * * * * * * * * SEC. 763. 24TH STREET - MISSION NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * The 24th Street- Mission Neighborhood Commercial Transit District controls are designed to provide potential for new development consistent with the existing scale and character. Small-scale buildings and neighborhood-serving uses are encouraged, and rear yard corridors above the ground story and at residential levels are protected. Most commercial uses are encouraged at the ground story, while service uses are permitted with some limitations at the second story. Special controls are necessary to preserve the unique mix of convenience and specialty commercial uses. In order to maintain convenience stores and protect adjacent livability, new bars are limited'[jrehihited, and limitations apply to the development and operation of ground-story restaurants and entertainment uses. Continuous retail frontage along 24th Street is maintained and encouraged by prohibiting most automobile and drive-up uses, banning curb cuts, and requiring active, pedestrian-oriented ground floor uses. Parking is not required, and any new parking required to be set back or below ground. * * * * Table 763. 24TH STREET - MISSION NEIGHBORHOOD COMMERCIAL Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 81 TRANSIT DISTRICT ZONING CONTROL TABLE * * * * !zoning Category I§ References Controls NON-RESIDENTIAL STANDARDS AND USES Development Standards * * * * C for anv m.erzer of first storv commercial use sTJace where the Mergers 16' 249.59 merzer would result in first storv commercial use svace f.!reater than 799 f!ross sauare feet in Calle 24 l~necial Use Di.strict. !commercial Use Characteristics * * * * I Legacv Business IP49.59 11/ieauirements avvlv in Calle 24 Snecial Use District. IC O meatib ilitv ol Uses 1~ 249.59 IReouirements wvlv in Ca/le 24 l<;,necial Use District. Controls by Story 1st 2nd 3rd+ * * * * Entertainment, Arts and Recreation Use Category Entertainment, Arts and § 102 NPQ.2 NP NP Recreation Uses* Entertainment, General § 102 cm NP NP Entertainment, Nighttime § 102 cm NP NP Movie Theater §§ 102, 202.4 Pill NP NP Open Recreation Area § 102 C C C Passive Outdoor Recreation § 102 C C C * * * * Sales and Service Use Category * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 82 Retail Sales and Service §§ 102, 202.2(a), 202.3 pmm_ NP NP Uses* Bar §§ 102, 202.2(a) CC22C32Nfl NP NP * * * * Flexible Retail §i 102, 202. 9 PC3)Nfl NP NP * * * * Restaurant §§ 102, 202.2(a) cmm_ NP NP * * * * Services, Health § 102 P(1J1J. C NP * * * * Services, RetmlRetail § 102 p C NP Professional * * * * Non-Retail Sales and § 102 NP NP NP Service* * * * * * * * * (2) [,'h/.ete rieleted.}Additionaf limitations apply in the Calle 2../ Special Use District per the requirements o{Section 249.59. (3) {Note del:eied.}Additional limitations apply in the Mission Alcoholic Beverage Special Use District per the requirements o(Section 249. 60. * * * * (102 Health Service Uses are Con first storv in the Calle 24 Special Use District per the requirements o{Section 249.59. * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 83 SEC. 764. UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 764. UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * Zoning Category § References Controls NON-RESIDENTIAL STANDARDS AND USES * * * * Controls by Story 1st 2~ * * * * Sales and Service Use Category * * * * Flexible Retail §~ 102, 202. 9 PNP NP NP * * * * Services, :Reld#Retail Professional § 102 p p p * * * * Service, Nen Remit Pr<>fessiel'ia!Service, §-14J§ 102 NPC /2P N/2NP Non-Retail Professional * * * * * * * * SEC. 780.1. LAKESHORE PLAZA SPECIAL USE DISTRICT. * * * * (b) Controls. The controls for the NC-S District, as set forth in Section 713 of this Code, shall apply to the Lakeshore Plaza Special Use District, except as provided below: Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 84 !zoning Category No. !Controls * * * * F r* * * * .69A Restaurants are permitted as principal usesC9R6'itiotl6! Uses at the irst story and as Conditional Uses at the second stor,vte5. * * * * SEC. 780.3. NORTH BEACH SPECIAL USE DISTRICT. (a) Purposes. In order to (1) preserve and maintain the mix and variety of netgh1J£Jrhe<#i ser'.'ingneighborhood-sen ing retail sales and personal services of a type that supplies commodities or offers personal services to residents of North Beach and nearby neighborhoods; (2) preserve and maintain the District's small-scale, fine grain storefronts; (3) protect and encourage upper-story Residential Uses; (4) preserve and enhance the architectural and cultural heritage of North Beach; and (5) preserve the contributions of Legacy Businesses to the history and identity of North Beach, there shall be a North Beach Special Use District applicable to the North Beach Neighborhood Commercial District, as designated on the Sectional Map SU01 of the Zoning Map of the City and County of San Francisco. * * * * (c) Controls. The following provisions shall apply within such District: * * * * (2) Alcohol Licenses. (A) A Restaurant may provide on-site beer, wine, and/or liquor sales for drinking on the premises (with ABC license types 02, 23, 41, 47, 49, 59 or 75) as a Conditional Use on the First Story if, in addition to the criteria set forth in Section 303, the Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 85 Planning Commission finds, based on information submitted to the Department by the applicant, that the Restaurant is and will continue to operate as a Bona-Fide Eating Place as defined in Section 102. Should a Restaurant fail to operate as a Bona-Fide Eating Place for any length of time, the Conditional Use authorization shall be subject to immediate revocation per Planning Code Section 303(f). To verify that the Restaurant is continuing to operate as a Bona-Fide Eating Place, records of the Restaurant's gross receipts or gross sales, show:ilrg thB:t 6 mi1'1.i111.W'R 8_[51 % 9.fits grBss receipts within the hzst )'ef:w preceding the Depert:Hwnt 's request is .fi·em foBd sales prepared tiEnd seld te g,,tests on the premises, shall be provided to the Department upon request. All records and information shall be submitted to the Department under penalty of perjury. (JJ) Subject to the reqzdrements set forth in #1is si,bseclien fl1) 8 Lim Ned Rest8u,··a1'l.t that existed as ofA'h,uh 1, 2(;}2{), 11Ul)>' ElPJJl-yfer GI permit lo convert Le Restaut611t use wilhin si.>t 111on1hs e:fter the ejfecfi7i,·e d8ie of the ordinanee in BEJcf.f« File Ne. 2QQ673. (i) The application te convert tEJ Reslaurnnt Use 8haY iaeh:1de records submitted under penalty &fperftB)' sho.~·"ifng thet the Li1nileclResteure:n: hes epereted as e Bo."le Fide Eating Place fer at !:erut three .fuU Ccltlmdar months het,!1ee1't Ntnember 1, 2019 cmd September 1, 2Q2Q. The DepeErtment shall re;/ect the clflfllicalioJq if the reeerds de 11.et support the 6lf)plicalien fer such cenversieH; elher=wise, it shall approve it. (ii) fl the application 1e cenvert is clppreved p1;1rsuaf'U le this s:ubsectien Res.~brfftn( Use shel:l he prineipallypermiffed Bnd, 1~etwithsta1ul,ing 81'f)' ether Section o.fthe PleRning Cede, shall }'lOL req1,tire sep&B:te Conditional Use Aufh.erizatien t:o permit the sek efakohol e,~ the ptwnises under Secti81? 780.3(t,')(2)(A). {iii) Applications :e cmwerl pursuem.t ({) this subsection shetl be exemp. t Ji·em. the notice previsieRs ef Pf.e1v1ing Code Seclien 311 andfi'e,i1 I.he requi.rement imder Section 780. 3 that ResteuF8nlS tmly eceupf spaces that were prerieusly occupied hy a Restauranl or e Bar. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 86 (i',9 Tliis .icttbsectfrm 780. 3(eH2)(B) shall expire six months efter the e.ffeet=ive date fJj the ordi,"l€ll'!Ce in Board File No. 200673 aml the City A tu,nwy shell there€!:fter e€luse this s1:1hsectior1 Lo he re,novedfrom the Pl:«nning Code a.nd the remaining si-.·bseeti8ns of this Sectimi 780. 3 te he renumbered eccordi,·:zgly (B) Music Entertainment Facility. A music entertainment facility with a Tvpe 90 ABC license shall be permitted to serve alcoholic be1 erages in this SUD. (C) No11-PJ'Ofit Theaters. A non-profit theater shall be permitted to serve alcoholic be1 erages in this SUD. A "non-profit theater" shall mean a building or part o(a building intended to be used for the specific purposes o{presenting anv act, plav. revue. pantomime. scene. song, dance act. or song and dance acL, conducted or participated in by one or more persons. Yi he1her or not such person or persons are compensated for such performance. and which is exempted from payment o[incorne tax under Section 23701d o(the California Revenue and Taxation Code and Section 501 (c)(3) of the Intemal Re1 enue Code oft he United States. A "non-profit theater" shall not include any dance hall. a defined in Section 1022. (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 not exceed a Non-Residential Use Size of 1,000 square feet. Exceptie,i. Existing retail e,· cel'lnnereic1/ !ffJ&Ces er sto,·efi·onts may be censelidB:ted er mer~eti .l'ith en exis#ngPbf.bl:ieFacilityfer &m Frnneisce Police De-ptu-trmentfanctiorts or Elctxiliary space eoSociated with such use. Any if9crease er decrease in sqt1€lre .feo1sge resultingf~·om sue,lti ce>'1Sel4dahen er merger is Princip€lJly Per,nined €Ind does not require & Ceruiilionel Use eulher.'::Q/ien iRuier st.'bsection (c){9) beleH1• This exception te the sterefh.mt ,"11erger prohibition shall be in effect fer three yearsj-8:n il!i ejfectfre ti6tle w:zlessfttr.'lwr extended bJ,' ordine.nce. Unless so extenckti, the City Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 87 Auenwf 5·/u1ll effuse thispar£Jg:=aph slating lhcJercgoing exeeption to he rc;·nowetlftem. this Cede, al-ong with the scnrenee Fefere1't£ing it in s1:1bscctiert (c)(9). * * * * (9) Conditional Use Authorizations. In addition to the findings required under Section 303 of this Code, for any use or project within the District that is subject to Conditional Use authorization under this Section 780.3, Section 722, or any other section of this Code, the Planning Commission shall find that the proposed project supports the purposes of the North Beach SUD set forth in this Section 780.3. Fer Lhe d1,o·Btien e.fthe Exeeplie11 stated in subseeti<:m fc) (3), a Conditio,2al Use tmlherirntien is net reqzdred.fer i1sc ef ee1?.selidat:ed er m.erged space for 8 Public FB:cility for San Francisco Police Dep€trt,11en~furwtions or ffttxiliary space assoeiateil with such SEC. 781.1. TARAVAL STREET RESTAURANT SUBDISTRICT. (a) Purpose. In order to preserve the mix and variety of goods and services provided to the Sunset and Parkside neighborhoods and City residents, prevent further proliferation of restaurant uses and prevent further aggravation of parking and traffic congestion in this district, there shall be a Taraval Street Restaurant Subdistrict, generally applicable for the NC- 1-zoned portion of Taraval Street located between 40th and 41 st Avenues and between 45th and 47th Avenues, and for the Inner Taraval Street Neighborhood Commercial District located between 12th and 19th Avenues, as designated on Sectional Maps SU05 and SU06 of the Zoning Map-. (b) Controls. The following provisions shall apply within such Subdistrict: (1) Restaurants and Limited-Restaurants are principally permitted as Conditional Uses on the First Story and below. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 88 (2) Restaurants and Limited-Restaurants also defined as Formula Retail, as defined in Section 303.1 of this Code, shall not be permitted in this Subdistrict. (3) The provisions of Sections 180 through 186.1 of this Code shall govern Restaurants and Limited-Restaurants also defined as Formula Retail, which existed lawfully at the effective date of this Code in this subdistrict. SEC. 781.S. MISSION STREET FORMULA RETAIL RESTAURANT SU8DISTRICT. (a) Purpose. In order to preserve the mix and variety of goods and services provided to the Mission neighborhood and City residents and prevent further proliferation of formula retail restaurant uses, there shall be a Mission Street Formula Retail Restaurant Subdistrict, generally applicable only for the portion of the Mission Bernal Neighborhood Commercial District betv,een 14th and Randall Streets, as designated on Sectional Map 7SU of the Zoning (b) Controls. The following provisions shall apply within such Subdistrict: (1) A Limited Restaurant use or a Restaurant use that are also Formula Retail uses, as defined in Planning Code Seotion 303.1, may be permitted as a Conditional Use on the Ground Floor in this Subdistrict pursuant to Sections 303 and 303.1 (d) .shell bepen'fliaed in this 81,thd-i,striet. (2) The provisions of Sections 180 through 186.1 of this Code shall govern Formula Retail Limited Restaurants and Restaurants 1.vhich existed lawfully at the effective date of this Code in this Subdistrict. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 89 SEC. 781.6. NORTH BEACH FINANCIAL SERVICE, LIMITED FINANCIAL SERVICE, AND BUSINESS OR PROFESSIONAL SERVICE SUBDISTRICT. (a) Purpose. In order to preserve the unique mixture of local, citywide and regional sales and services in the North Beach area, there shall be a North Beach Financial Service, Limited Financial Service, and Business or Professional Service Subdistrict, generally applicable for the portion of the North Beach Neighborhood Commercial District south of Greenwich Street, excluding Powell Street south of Union Street, as designated on Sectional Map SU01 of the Zoning Map-. (b) Controls. The following provisions shall apply within such Subdistrict: (1) A Financial Service or a Limited Financial Service shall not be permitted in this Subdistrict. (2) A Retail 8f Professional Service, Design Prefe5·5·io1u1;!. Design Professional, and Trade Office shall not be permitted in this Subdistrict on the First Story. (3) /\ Design Professional use may be permitted as a Conditional Use on the Ground Floor in this Subdistrict pursuant to Section 303. (~4-J) The provisions of Sections 180 through 186.1 of this Code shall govern Financial Services, Limited Financial Services, Retail Professional Services, Design Pr&fessimzeLDesign Professional and Trade Offices that existed lawfully at the effective date of this Code in this Subdistrict. SEC. 781.7. CHESTNUT STREET FINANCIAL SERVICE SUBDISTRICT. (a) Purpose. In order to preserve the unique mixture of sales and services in the Chestnut Street area, there shall be a Chestnut Street Financial Service Subdistrict, generally applicable for the NC-2-zoned portion of Chestnut Street, including NC-2-zoned portions of Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 90 cross streets, between Webster and Broderick Streets, as designated on Sectional Map 2SU of the Zoning Map . (b) Controls. The following provisions shall apply within such Subdistrict: (1) A Financial Service or a Limited Financial Service shall nffl be conditionally permitted in this Subdistrict pursuant to Sections 303 and 303.1 (d) . (2) The provisions of Sections 180 through 186.2 of the Code shall govern Financial Services and Limited Financial Services which existed lawfully at the effective date of this Code in this Subdistrict. SEC. 781.9. HAIGHT STREET ALCOHOL RESTRICTED USE SUBDISTRICT. * * * * (c) Controls. (1) Definitions. (A) A "liquor establishment" shall mean any enterprise selling alcoholic beverages, as defined by California Business and Professions Code Section 23004 and 23025, pursuant to a California Alcoholic Beverage Control Board license. (B) An "on-sale liquor establishment" shall mean any liquor establishment which has obtained Alcoholic Beverage Control Board License type 40 (on-sale beer), type 41 (on-sale beer and wine eating place), type 42 (on-sale beer and wine public premises), type 47 (on- sale general eating place), type 48 (on-sale general-public premises) or type 57 (special on- sale general) selling alcoholic beverages for consumption on the premises. Typical on-sale establishments may include but are not limited to Bars and Restaurants serving alcoholic beverages. It shall not include types 51, 52, 59, 60, 61, 64, 67, 70,. eF 75, or 90. (C) An "off-sale liquor establishment" shall mean a Liquor Store use. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 91 (0) An "unpermittedtJFehibitf3ri liquor establishment" shall mean any establishment selling alcoholic beverages lawfully existing prior to the effective date of the establishment of the Haight Street Alcohol RUSO and licensed by the State of California for the retail sale of alcoholic beverages for on or off-site consumption, so long as otherwise lawful. (E) An "eligible movie theater" shall be a Movie Theater use that contains only a single screen and auditorium, has seating for 150 or fewer persons, and is not a Formula Retail Use as defined in Code Section 303.1. (2) Limitatio11Pr-ehih#ie11 on new Liquor Establishments. lVo ne·wNew on-sale or off-sale liquor establishmenlj: shall be permitted in the Haight Street RUSO as a Conditional Use .• e:xcept fer itp to.four tuiditionel ResLaMrc1nt,s,· in accerdsnce with the zoning conlrels setfsrLh in Seetien 719. (3) Exempliens. The limitatien prehihiNon on liquer esteib!ishF1wnts shf:lll net be inte,·pre1.ed te prohibit the fall:8wing: ~4) Te,riporf:lry uses, as rieseribed in Pkm,''ling Cede Seetien 2Q5.1 er 205. 3: or (E) Establishment ~f« Ziqiwr eswhlish,"lient if B.fJtJHCa.lien feF such liquor esl8blishment is on .fiHJ with the Cal~for,lia Deperlmen.t e_{Akehelie Bever«ge Centrel prier ffJ the effective dale of kgisJatien establishing the Height Street AJcehol RUSD. (C) &,!ahl.ishment ef a Uquer estsblislune.'1.t !f (i) sbtch btse is €in elig{bte nievie theater, (ii) enly beer and wine «re offered.fer censuHip#en, end (iii) such beer end wine are: e. cmly ce1TSitF1ied en the pren1 i.rws €llzd pri,'Rflrily in the HUl.i/<I, the€fter cn1diteriw11 b. 8nl)' sold to end ce1'1s1.,mwd by tickethelders and enly immedi81£/y be}ore and duri,~ perferH~f:l"nces, €11Ul c. r:m1y effe~·etl in ecmjimctien 'it'it:h the screeni1'1g e:ffilms €l'rl(;i nel t,'6 an independent eHJme.Mt o_fthe estt:1bl:islmw,'I.I that is Hnrefeted ,"e the ,:iewing 8:ffilms. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 92 (l..4) Continuation of existing UnpermittedPFe.'tibited Liquor Establishments. In the Haight Street Alcohol RUSO, any unpermittedprehihited liquor establishment may continue in accordance with Sections 180 through 186.2 of this Code, subject to the following provisions: (A) A!!:. unpermittedprehibit-ed liquor liquor establishment lawfully existing and selling alcoholic beverages as licensed by the State of California prior to the effective date of this legislation, or subsequent legislation prohibiting that type of liquor establishment, so long as otherwise lawful, may continue to operate only under the following conditions, as provided by California Business and Professions Code Section 23790: (i) Except as provided by subsection (B) below, the premises shall retain the same type of retail liquor license within a license classification; and (ii) Except as provided by subsection (B) below, the licensed premises shall be operated continuously, without substantial change in mode or character of operation. (B) A break in continuous operation shall not be interpreted to include the following, provided that the location of the establishment does not change, the square footage used for the sale of alcoholic beverages does not increase, and the type of California Department of Alcoholic Beverage Control Liquor License ("ABC License") does not change except as indicated: (i) A change in ownership of a prohibited liquor establishment or an owner-to-owner transfer of an ABC License; or (ii) Re-establishment, restoration or repair of an existing prohibited liquor establishment on the same lot after total or partial destruction or damage due to fire, riot, insurrection, toxic accident or act of God; or (iii) Temporary closure of an existing unpermittederehihit-0-d liquor establishment for not more than ninety (90) days for repair, renovation or remodeling; Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 93 (iv) Relocation of an existing unpermittedfJrohibiterJ liquor liquor establishment in the Haight Street Alcohol RUSO to another location within the same Haight Street Alcohol RUSO with Conditional Use authorization from the Planning Commission, provided that the original premises shall not be occupied by an. impermittedm·ehibited liquor liquor establishment, unless by another unpermittedprahihUed liquor liquor establishment that is also relocating from within the Haight Street Alcohol RUSO. (v) A change from a Type 21 (off-sale general) to a Type 20 (off-sale beer and wine) license. (vi) A change from an existing ABC license to a Type 64 or Type 90 license. * * * * SEC. 810. CHINATOWN COMMUNITY BUSINESS DISTRICT. * * * * Table 810 CHINATOWN COMMUNITY BUSINESS DISTRICT ZONING CONTROL TABLE * * * * Zoning Category § References Controls NON-RESIDENTIAL USES Controls by Story 1st * * * * Sales and Service Use Category * * * * Flexible Retail §f 102, 202. 9 PN/2 * * * * Restaurant § 102 f_Gf-1-) Will Retail Workspace § 102 NPGN/1 Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS 2nd 3rd+ NP NP C(1 )(3) C(1 )(3) NP NP Page 94 * * * * Sep,,tises, PFefessieRal §--4@ p. p. p. * * * * Ser;ices, ;al(m Retail Professienc1.l -§--14J§ 1 02 Nl!NP Pf! FP Services, Non-Retail Professiooal - * * * * * * * * (1) C for Use Size is not required for Restaurants larger than 5000 sq. ft., but C to establish the Use is required as indicated. * * * * (3) Formula Retail Restaurants and Limited Restaurants are NP in all Chinatown MUDs. * * * * SEC. 811. CHINATOWN VISITOR RETAIL DISTRICT. * * * * * * * * Zoning Category Table 811 CHINATOWN VISITOR RETAIL DISTRICT ZONING CONTROL TABLE II § References Controls NON-RESIDENTIAL USES Controls by Story 1st * * * * Sales and Service Use Category * * * * II Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS 2nd 3rd+ Page 95 Flexible Retail §i 102, 202. 9 PNP NP NP Gym § 102 PNP p NP * * * * Restaurant § 102 f_Gflf C(1) NP Retail Workspace § 102 NPGNP NP NP Services, Financial § 102 NPGNP NP NP * * * * Services, Health § 102 CNP p NP * * * * Services, Personal § 102 CNP p NP Services, /?ele#Retail Professional § 102 PNP p NP * * * * * * * * (1) C for Use Size is not required for Restaurants larger than 2,500 sq. ft., but C to establish the Use is required as indicated. * * * * SEC. 812. CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 812 CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * !zoning Category II§ References I Controls NON-RESIDENTIAL USES Controls by Story 1st 2nd 3rd+ * * * * II Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 96 Sales and Service Use Category §§ 102, Retail Sales and Service Uses* 202.2(a), p NP NP 202.3 * * * * Flexible Retail §i 102,. f..N.Jl. NP NP 202.9 * * * * Restaurant § 102 PG(2) NP NP Retail Workspace § 102 NPGNP- NP NP * * * * SeF¥ises, PFefessieRal §-4@ p. NP NP * * * * * * * * (2) Formula Retail Restaurants and Limited Restaurants are NP in all Chinatown MUDs. * * * * Section 3. Article 7 of the Planning Code is hereby amended by revising the Zoning Control Tables in each of the Sections listed below to 1) add Section 202.9 to the "§ References" column for the Flexible Retail row, and 2) in the row for "Services, Non-Retail Professional. in the column for First Story Controls. delete "NP" and replace it with "C". as shown in the sample chart below.delete "Retail" fmm the teFm "Servises, Retail PrnfessioRal," and 3) delete the eRtire mw fOF "SeF¥ise, Nen Retail Prnfessienal," as shoi.\'A in the following sam13le ioRing GeAtml +aele: Zoning Category II § References Controls * * * * Controls by Story 1st II 2nd II 3rd+ Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 97 * * * * Flexible Retail §f 102, 202. 9 * * * * * * * * * * * * * * * * Servioes, RetBil * * * * * * * * * * * * * * * * PFefessieAal * * * * &F>riee-s, ,¥en Retflif * * * *~ Prefe-s-sienBlS e rv ices. * * * *NPC * * * * * * * * - Non-Retail Professional * * * * SEC. 717. OUTER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT. SEC. 721. JAP/\NTOVVN NEIGHBORHOOD COMMERCIAL DISTRICT. SEC. 731. NORIEGA STREET NEIGHBORHOOD COMMERCIAL DISTRICT. SEC. 732. IRVING STREET NEIGHBORHOOD COMMERCIAL DISTRICT SEC. 733. TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT SEC. 735. INNER BALBOA STREET NEIGHBORHOOD COMMERCIAL DISTRICT. SEC. 736. OUTER BALBOA STREET NEIGHBORHOOD COMMERCIAL DISTRICT. SEC. 737. BAYVIEVV NEIGHBORHOOD COMMERCIAL DISTRICT. SEC. 742. COLE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICTS. SEC. 743. LOWER HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT. SEC. 745. INNER TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT. SEC. 759. DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. SEC. 760. ~ILLMORE STREET NEIGHBORHOOD COMMERCI/\LTR/\NSIT DISTRICT. SEC. 761. HAYES-GOUGH NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 98 Section 4. Article 4 of the Planning Code is hereby amended by revising Section 406, to read as follows: SEC. 4QG. \A/AI\/ER, REDUCTION, OR ADJUSTMENT OF DEVELOPMENT PROJECT REQUIREMENTS. * * * * (i) Waiver for Certain Changes in Use. A de11:elopment project that meets the eligibility criteria in subsection (i)(1) of this Section 4 0.6 shall recei•.ie a •.vaiver from any development impact fee or de\'elopment impact requirement imposed by this Article, •1..'ith the exception of the requirements of Section 415. (1) Eligibility. To be eligible for the wai•.ier in this subsection (i), the project (A) propose a change in use within an existing structure, excluding the establishment of any of the following uses: Office Use, Parcel Delivery Service, and fleet Charging; and (B) submit a complete Development Application on or before December 31, 2028. (2) Extent of 'A'aiver. The waiver in this subsection (i) shall be limited to development impact fees or requirements for eligible changes in use within an existing structure and shall not include any additions to an existing structure or new construction . (3) Sunset. This subsection (i) shall expire by operation of law at the end of the day on December 31, 2028, unless the duration of the subsection has been extended by ordinance effective on or beto·re that date. four years after the sunset date, the City Attorney is authorized to cause subsection (i) to be removed from the Planning Code. This four year time frame provides additional notice to project applicants and does not alter the sunset date of this subsection (i). Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 99 Section~- 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 ae,§,. 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 amendment additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the ordinance. Existing code text added to this ordinance since its introduction is included herein as Unchanged Code text in accordance with the "Note." By: =-=Is;,:.,.! ______ _ HEATHER GOODMAN Deputy City Attorney n:\leganalas202312300239101720098.docx Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman, Chan, Safai BOARD OF SUPERVISORS Page 100 City and County of San Francisco Tails Ordinance City Hall I Dr Carlton R Goodlett Place San Francisco, CA 94102-4689 File Number: 230701 Date Passed: December 12, 2023 Ordinance amending the Planning Code to 1) permit additional commercial, retail, and restaurant uses on the ground floor in certain neighborhood commercial districts (NCDs) and residential districts; 2) principally permit Flexible Retail on the ground floor in certain NCDs and Chinatown mixed use districts; 3) principally permit Retail Professional Services uses on all floors and conditionally permit Non-Retail Professional Services on the ground floor in specified NCDs; 4) create regulations for music entertainment venues and non-profit theaters distinct from regulations for Bars; 5) allow Limited Corner Commercial Uses that are not Formula Retail in certain residential districts; 6) amend Section 311 to remove neighborhood notice requirements for changes of use in the Eastern Neighborhoods mixed use districts; 7) expand business types that qualify for the Planning Department priority review program and establish that the program will not apply in the North Beach NCO and North Beach Special Use District (SUD); 8) clarify that multiple allowable uses may co-locate on one site; 9) clarify and modify various other use regulations and processes; 10) permit additional retail and non-retail uses in specified NCDs; and 11) eliminate the Mission Street Formula Retail Restaurant Subdistrict; and 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. October 30, 2023 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE October 30, 2023 Land Use and Transportation Committee - CONTINUED AS AMENDED November 27, 2023 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE November 27, 2023 Land Use and Transportation Committee - DUPLICATED AS AMENDED November 27, 2023 Land Use and Transportation Committee - NO ACTION TAKEN. PENDING IN COMMITTEE. December 04, 2023 Land Use and Transportation Committee - RECOMMENDED AS COMMITTEE REPORT December 05, 2023 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton December 12, 2023 Board of Supervisors - FINALLY PASSED City and County of San Francisco Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton Page I Printed at JO: 19 am on 11/13/13 File No. 230701 London N. Breed Mayor City and County of San Francisco Pagel I hereby certify that the foregoing Ordinance was FINALLY PASSED on 12/12/2023 by the Board of Supervisors of the City and County of San Francisco. Angela Calvillo Clerk of the Board Date Approved Printed aJ 10: 19 am on 12/13/23