722

SEC. 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT. The North Beach Neighborhood Commercial District is a nonlinear district centered on Columbus Avenue, located in the valley between Telegraph Hill and Russian Hill north of Broadway. North Beach functions as a neighborhood-serving marketplace, Citywide specialty shopping, and dining district, and a tourist attraction, as well as an apartment and residential hotel zone. Traditionally, the District has provided most convenience goods and services for residents of North Beach and portions of Telegraph and Russian Hills. North Beach’s eating, drinking, and entertainment establishments remain open into the evening to serve a much wider trade area and attract many tourists. The balance between neighborhood-serving convenience stores and Citywide specialty businesses has shifted, as convenience stores have been replaced by restaurants and bars. The proliferation of financial services, limited financial services, and professional services has also upset the District’s balance of uses. The relocation of business and professional offices from downtown to North Beach threatens the loss of upper-story residential units. The North Beach District controls are designed to ensure the livability and attractiveness of North Beach. The protection and enhancement of the unique architectural, cultural, and historic character of North Beach shall be prioritized. Building standards limit new development to a small to moderate scale. Rear yards are protected above the ground story and at residential levels. Active commercial uses shall be required at the ground floor. Special controls limit Health Services to small neighborhood-serving medical and dental services, while large-scale medical facilities are prohibited. Small-scale, neighborhood-serving businesses are strongly encouraged and formula retail uses are prohibited. To preserve and maintain the district’s small-scale, fine grain storefronts, the consolidation or merger of existing retail or commercial spaces or storefronts is restricted, and Use Sizes are controlled to encourage traditional small-scale commercial spaces. Special controls are necessary because an over-concentration of food and beverage service establishments limits neighborhood-serving retail sales and personal services in an area that needs them to thrive as a neighborhood. To honor the importance of Legacy Businesses in the success of the neighborhood, special controls are in place to prevent the replacement of an active Legacy Business with a non-Legacy Business. In order to maintain neighborhood-serving retail sales and personal services and to protect residential livability, additional Restaurants and Bars are prohibited in spaces that have been occupied by neighborhood-serving retail sales and personal services. Financial services, limited financial services, and ground-story business and professional office uses are prohibited from locating in the portion of the district south of Greenwich Street, while new financial services locating in the portion of the district north of Greenwich Street are limited. Restrictions on automobile and drive-up uses are intended to promote continuous retail frontage and maintain residential livability. In keeping with the District’s existing mixed-use character, housing development in new buildings is encouraged above the ground floor. Existing residential units are protected by limitations of upper-story conversions, mergers, removals, and demolitions. Accessory Dwelling Units are permitted within the existing building envelope, but may not eliminate or reduce ground-story retail or commercial space.

Table 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE North Beach NCD Zoning Category § References Controls BUILDING STANDARDS (17) Massing and Setbacks Height and Bulk Limits. 102, 105, 106, 250–252, 260 , 263.19, 261.1, 270, 270.3 , 271. See also Height and Bulk District Maps Varies. See Height and Bulk Map Sheet HT01 for more information. Height sculpting required on Alleys per §261.1. 5 Foot Height Bonus for Active Ground Floor Uses § 263.20 NP Rear Yard §§ 130, 134, 134(a)- (e), 136 Required at the Second Story and at each succeeding level or Story of the building, and at the First Story if it contains a Dwelling Unit: 25% of lot depth, but in no case less than 15 feet Front Setback and Side Yard §§ 130, 131, 132, Generally not required; however, if the existing sidewalk does not meet the recommended width required by the Better Streets Plan, a front setback shall be provided so that, when combined with the existing sidewalk, the total distance from the curb to the building frontage meets or exceeds the required recommended width under the Better Streets Plan. This setback is required only up to 15 feet above street grade. See § 132(e). Street Frontage and Public Realm Restrictions on Lot Mergers § 121.7 Restrictions on lot mergers resulting in a lot with a single public street or private frontage greater than 25 feet. For lots that do not have a street frontage, the merger would not result in a lot width greater than 25 feet. Streetscape and Pedestrian Improvements § 138.1 Required Street Frontage Requirements § 145.1 Required; controls apply to above-grade parking setbacks, parking and loading entrances, active uses, ground floor ceiling height, street-facing ground-level spaces, transparency and fenestration, and gates, railings, and grillwork. Exceptions permitted for historic buildings. Ground Floor Commercial §§ 145.4 Required within the entire District. Vehicular Access Restrictions § 155(r) and(t) Prohibited on Columbus Avenue between Washington and North Point Streets, Grant Avenue between Columbus Avenue and Filbert Street, and Green Street between Grant Avenue and Columbus/Stockton streets, and Alleys in the NBNCD and Telegraph Hill-NB Residential SUD. Mandatory discretionary review required to install garages in buildings with two or more units. Miscellaneous Lot Size (Per Development) §§ 102, 121.1 P(16) Planned Unit Development § 304 NP Awning, Canopy or Marquee § 136.1 P Signs §§ 262, 602- 604, 607, 607.1, 608, 609 As permitted by § 607.1. Vintage Signs permitted per Section 608.14. General Advertising Signs §§ 262, 602, 604, 608, 609, 610, 611 NP Design Guidelines and Standards General Plan Commerce and Industry Element Subject to the Urban Design Guidelines, Citywide Design Standards, historic resource consideration, and any other applicable design guidelines that have been approved by the Planning Commission. Properties in this District have been identified as potentially eligible for National Register or California Register. Housing Choice-SF § 206.10 Form-based density, additional height, and other zoning modifications for eligible projects in the R-4 Height and Bulk District.

Zoning Category § References Controls RESIDENTIAL STANDARDS AND USES Zoning Category § References Controls RESIDENTIAL STANDARDS AND USES Development Standards

Usable Open Space [Per Dwelling Unit] §§ 135, 136 60 square feet if private, or 80 square feet if common, or the amount of open space required in the nearest Residential District, whichever is less. Off Street Parking Requirements §§ 145.1, 150, 151.1, 153 - 156, 166, 204.5 No car parking required. P up to 0.5 parking spaces for each Dwelling Unit; C up to 0.75 parking spaces for each Dwelling Unit. (1) Per 155(t), special controls when installing garages in Residential Buildings. Bike parking required per § 155.2 Dwelling Unit Mix § 207.7 Generally required for creation of 10 or more Dwelling Units. No less than 25% of the total number of proposed Dwelling Units shall contain at least two Bedrooms, and no less than 10% of the total number of proposed Dwelling Units shall contain at least three Bedrooms. Use Characteristics Intermediate Length Occupancy §§ 102; 202.10 P(13) Single Room Occupancy § 102 P Student Housing § 102 P Residential Uses Controls By Story 1st 2nd 3rd+ Residential Uses § 102 NP(3)(11) P P Accessory Dwelling Units §§102, 207.1, 207.2 P per Planning Code §§ 207.1 and 207.2. Dwelling Unit Density, General §§ 102, 207 1 unit per 400 square foot lot area or the density permitted in the nearest R District, whichever is greater. Form-Based Density applies within the R-4 Height and Bulk District (§§ 263.19, 270(i)). Minimum Dwelling Unit Densities, if Applicable § 207.9 Varies depending on project location, but generally ranges between 50 and 100 dwelling units per acre. Maximum Dwelling Unit Size §§ 207.10, 317 P up to 4,000 square feet of Gross Floor Area or an equivalent Floor Area Ratio for any individual Dwelling Unit of 1.2:1. C for Dwelling Units that exceed the greater of those thresholds. Group Housing Density § 208 1 bedroom per 140 square foot lot area, or the density permitted in the nearest R District, whichever is greater. Form-Based Density applies within the R-4 Height and Bulk District (§§ 263.19, 270(i)). Homeless Shelters §§ 102, 208 Density limits regulated by the Administrative Code Senior Housing Density §§ 102, 202.2(f), P up to twice the number of Dwelling Units otherwise permitted as a Principal Use in the district and meeting all the requirements of § 202.2(f)(1). C up to twice the number of Dwelling Units otherwise permitted as a Principal Use in the district and meeting all requirements of § 202.2(f)(1), except for § 202.2(f)(1)(D)(iv), related to location. Form-Based Density applies within the R-4 Height and Bulk District (§§ 263.19, 270(i)). Loss of Dwelling Units Controls by Story 1st 2nd 3rd+ Residential Conversion C NP NP Residential Demolition and Merger § 317 C NP NP

Zoning Category § References Controls NON-RESIDENTIAL STANDARDS AND USES (18) Zoning Category § References Controls NON-RESIDENTIAL STANDARDS AND USES (18) Development Standards Floor Area Ratio §§ 102, 123, 124 , 207.9 1.8 to 1 4 For Office Uses minimum intensities may apply pursuant to § 207.9. Use Size §§ 102, 121.2, 121.5 P up to 3,000 square feet; C 3,001 square feet and above. (10)(5) Division of large use sizes per § 121.5 Off Street Parking Requirements §§ 150, 151.1, 155(r) and (t), 161 Car parking not required. Limits set forth in § 151.1. Bike parking required per Section 155.2. If car parking is provided, car share spaces are required when a project has 50 units or more per § 166. See restrictions under Vehicular Access. Off-Street Freight Loading §§ 150, 152, 153 - 155, 161, 204.5 None required if gross floor area is less than 10,000 square feet. Exceptions permitted per §§ 155 and 161. See restrictions under Vehicular Access.

Storefront Mergers

C up to 3,000 square feet; NP 3,001 square feet and above. Commercial Use Characteristics Drive-up Facility § 102 NP Formula Retail §§ 102, 303.1 NP Hours of Operation § 102 P 6 a.m. - 2 a.m.; NP 2 a.m. - 6 a.m. Maritime Use § 102 NP Open Air Sales §§ 102, 703(b) See § 703(b) Outdoor Activity Area §§ 102, 145.2, 202.2 P if located in front or it complies with Section 202.2(a)(7); C if located elsewhere. Walk-up Facility § 102 P (2) Controls by Story 1st 2nd 3rd+ Uses in Historic Buildings Historic Buildings § 202.11 In Historic Buildings, Uses listed below as NP are C and Uses listed below as C are P, except Cannabis Retail, Hotel, and certain Industrial Uses, as specified in § 202.11. Agricultural Use Category Agriculture Uses* §§ 102, 202.2(c) NP NP NP Agriculture, Neighborhood Agriculture §§ 102, 202.2(c) P P P Automotive Use Category Automotive Uses* §§ 102, 187.1, 202.2(b), 145.4 NP(11) NP NP Electric Vehicle Charging Location §§ 102, 202.2(b), 202.13 C(15)3 C(15) C(15) Fleet Charging § 102 C C C Entertainment, Arts and Recreation Use Category Entertainment, Arts and Recreation Uses* § 102 NP NP NP Arts Activities § 102 P P P Entertainment, General § 102 P P NP Entertainment, Nighttime § 102 C NP NP Movie Theater §§ 102, 202.4 P P P Open Recreation Area § 102 C C C Passive Outdoor Recreation § 102 C C C Industrial Use Category Industrial Uses §§ 102, 202.2(d) NP NP NP Institutional Use Category Institutional Uses* § 102 P C C Child Care Facility § 102 P P P Community Facility § 102 P P P Hospital § 102 NP NP NP Medical Cannabis Dispensary §§ 102, 202.2(e) DR DR NP Public Facilities § 102 P P P Residential Care Facility §§ 102, 145.4 NP P P Social Service or Philanthropic Facility § 102 P P P Sales and Service Use Category Retail Sales and Service Uses* §§ 102, 202.2(a), 202.3 P(10) P(10) NP Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital § 102 P P NP Bar §§ 102, 202.2(a) C(5) NP NP Cannabis Retail §§ 102, 202.2(a) C C NP Flexible Retail §§ 102, 202.9 P NP NP Hotel § 102 C C C Kennel § 102 NP NP NP Liquor Store § 102 C(12) NP NP Massage Establishment §§ 102, 204, 303(n), C(14) C(14) NP(14) Massage, Foot/Chair § 102 P NP NP Mortuary § 102 NP NP NP Motel §§ 102, 202.2(a) NP NP NP Reproductive Health Clinic §§ 102, 202.5 P P P Restaurant §§ 102, 202.2(a) C(5) NP NP Restaurant, Limited §§ 102, 202.2(a) P NP NP Services, Financial § 102, 781.6 C(7) NP NP Services, Fringe Financial § 102, 781.6 NP(8) NP(8) NP(8) Services, Health § 102 NP C C Services, Limited Financial §§102, 781.6 C(2)(7) NP NP Services, Retail Professional §§102, 781.6 C(7) P P

Specialty Food Manufacturing § 780.3(c) C NP NP Storage, Self § 102 NP NP NP Tobacco Paraphernalia Establishment § 102 C NP NP Trade Shop § 102 P C NP Non-Retail Sales and Service* § 102 NP NP NP Design Professional § 102, 781.6 C(7) P NP Service, Non-Retail Professional § 102 NP P NP Trade Office § 102, 781.6 C(7) P NP Utility and Infrastructure Use Category Utility and Infrastructure* § 102 C(9) C(9) C(9) Power Plant § 102 NP NP NP Public Utilities Yard § 102 NP NP NP Utility Installation §§ 102, 145.4 NP NP NP

* Not listed below (1) NORTH BEACH OFF-STREET PARKING, RESIDENTIAL (Section 155(t)) Boundaries: North Beach NCD, North-Beach Telegraph Hill SUD Controls: (a) Installing a garage in an existing or proposed residential building of two or more units requires a mandatory Discretionary Review by the Planning Commission. In order to approve the installation of any garage in these districts, the City shall find that: (i) the proposed garage opening/addition of off-street parking will not cause the elimination or reduction of ground-story retail or commercial space; (ii) the proposed garage opening/addition of off-street parking will not eliminate or decrease the square footage of any dwelling unit; (iii) the building has not had two or more evictions, with each eviction associated with a separate unit(s) within the past 10 years, (iv) the garage would not front on an Alley pursuant to Section 155(r)(1) of this Code or on a public right-of-way narrower than 41 feet, and (v) the proposed garage/addition of off-street parking is consistent with the Priority Policies of Section 101.1 of this Code. (b) Prior to issuance of any required notification under Section 311 of this Code, the Department shall require a signed affidavit by the project sponsor attesting to (i) (ii) and (iii) 2 above, which the Department shall independently verify, and the Department shall determine whether the project complies with (iv) and (v) above. If the project sponsor does not provide such affidavit or the Department determines that the garage would violate subsection (iv) above, the Department shall disapprove the application and no Planning Commission hearing shall be required. (2) NORTH BEACH WALK UP FACILITIES: Walk-up facilities are P in the District, except automated bank teller machines (ATMs), which are NP. (3) C in Historic Buildings pursuant to Section 202.11. (4) [Note deleted.] (5) Restaurants and Bars may be permitted as a Conditional Use on the First Story through the procedures set forth in Section 303 only if the Zoning Administrator first determines that the proposed new Restaurant or Bar would occupy a space that is currently or was last legally occupied by one of the uses described below; provided that its last use has not been discontinued or abandoned pursuant to Sections 186.1(d) or 178(d) of this Code and that the proposed new use will not enlarge the space; and provided further that no Conditional Use shall be required if the use remains the same as the prior authorized use, with no enlargement or intensification of use: (A) A Bar may occupy a space that is currently or last legally occupied by a Bar; (B) A Restaurant may occupy a space that is currently or was last legally occupied by a Limited Restaurant, Restaurant or Bar; (C) Except as provided herein, no other use shall be allowed to convert to a Restaurant or Bar. (6) [Note deleted.] (7) NORTH BEACH FINANCIAL SERVICE, LIMITED FINANCIAL SERVICE, AND BUSINESS OR PROFESSIONAL SERVICE SUBDISTRICT (Section 781.6) Boundaries: Applicable only for portions of the North Beach NCD south of Greenwich Street as mapped on Sectional Map SU01. Controls: Financial Services and Limited Financial Services are NP at all stories; Retail Professional Services, Design Professional, and Trade Offices are NP at the First story. (8) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD) SECTION 249.35 Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, the North Beach Neighborhood Commercial District. Controls: Fringe Financial Services are NP within any FFSRUD and its 1/4 mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3). (9) C if a Macro WTS Facility; P if a Micro WTS Facility. (10) [Note deleted.] (11) GROUND FLOOR COMMERCIAL USES REQUIRED Boundaries: North Beach NCD Controls: Unless otherwise prohibited or limited by Section 722, or any other section of this Code, to promote active, pedestrian-oriented streetscape, Active Commercial uses shall be required at the Ground Floor pursuant to Section 145.4. Per Section 145.4(c)(1), “active commercial uses” shall not include Automotive Uses except for Automobile Sale or Rental uses where curb-cuts, garage doors, or loading access are not utilized or proposed and such sales or rental activity is entirely within an enclosed building and does not encroach on surrounding sidewalks or open spaces. (12) Temporary closures of existing liquor stores located in the North Beach Neighborhood Commercial District, for reconstruction or repair after a fire, shall not be considered an abandonment of such use pursuant to Section 178 of this Code, for up to six years from the date of the fire, unless the original liquor store elects to relocate somewhere else permanently. Temporary relocation of liquor stores in the North Beach Neighborhood Commercial District that have been closed as a result of a fire to another location in the North Beach Neighborhood Commercial District shall not require a new Conditional Use Permit for the duration of up to six years of interim relocation, from the date of the fire. (13) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(14) P if accessory to a Hotel, Personal Service or Health Service. (15)3 P where existing use is any Automotive Use. (16) C for 2,500 square feet and above if located within the Priority Equity Geographies Special Use District established under Section 249.97. (17) Architectural and Cultural Heritage of North Beach. Section 101.1 of the Planning Code includes the priority policy that historic buildings be preserved. The architectural and cultural character and features of Historic Buildings shall be preserved and enhanced. The Historic Preservation Commission or its staff shall review any proposed alterations to Historic Buildings, as defined in section 102, and must determine that such alterations comply with the Secretary of Interior’s Standards for the Treatment of Historic Properties before the City approves any permits to alter such buildings. (18) Legacy Business: Where an immediately prior use was a Legacy Business, as defined under Administrative Code Section 2A.242, the controls require any new Non-Residential use to obtain Conditional Use authorization; provided, however, that this requirement shall not apply where: (A) the subject non-residential space has had no occupant and has not been open to the public for three or more years from the date the application for the new use is filed, or (B) the Legacy Business has removed itself or has been otherwise removed from the Legacy Business Registry.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/23/87; Ord. 412-88, App. 9/10/88; Ord. 272-93, App. 8/25/93; Ord. 312-99, File No. 991586, App. 12/3/99; Ord. 87-00, File No. 991963, App. 5/19/2000; Ord. 260-00, File No. 001424, App. 11/17/2000; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 87-08, File No. 071674, App. 5/13/2008; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 77-10, File No. 091165, App. 4/16/2010; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 287-13 , File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 227-14 , File No. 120796, App. 11/13/2014, Eff. 12/13/2014; Ord. 232-14 , File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 162-15 , File No. 150805, App. 9/18/2015, Eff. 10/18/2015; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 196-17, File No. 170419, App. 10/5/2017, Eff. 11/4/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 47-18, File No. 171108, App. 3/16/2018, Eff. 4/16/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 263-18, File No. 180861, App. 11/2/2018, Eff. 12/3/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182- 19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Ord. 117-20, File No. 200114, App. 7/31/2020, Eff. 8/31/2020; Ord. 182-20, File No. 200673, App. 10/2/2020, Eff. 11/2/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 95-22, File No. 220342, App. 6/24/2022, Eff. 7/25/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 85-24, File No. 231221, App. 4/26/2024, Eff. 5/27/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 217-25, File No. 250682, App. 11/14/2025, Eff. 12/15/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026) AMENDMENT HISTORY Zoning Control Table: 722.69C and 722.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 722.10, 722.17, and 722.26 amended; Specific Provisions: 722.65 deleted, 722.68 added; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: 722.43 and 722.44 amended, former categories 722.42, 722.67, and 722.69A deleted; Specific Provisions: 722.43, 722.44 amended; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 722.13, 722.40, 722.54, and 722.69B amended; Specific Provisions: 722.43, 722.44 amended, 722.54 added; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: former categories 722.38 and 722.39 redesignated as 722.36 and 722.37 and amended; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 722.22 amended; Ord. 227-14 , Eff. 12/13/2014. Zoning Control Table: 722.22 and 722.94 amended; Specific Provisions: 722.94 amended; Ord. 232-14 , Eff. 12/26/2014. Specific Provisions: 722.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 722.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 722.14, 722.15, 722.16, and 722.17 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 722.1); Zoning Control Table: 722.54, 722.91, and 722.92 amended; Ord. 30-15 , Eff. 4/25/2015. Introductory material amended; Zoning Control Table: 722.91 amended; Specific Provisions: 722.91 added; Ord. 162-15 , Eff. 10/18/2015. Zoning Control Table: former categories 722.36 and 722.37 deleted, 722.96 and 722.97 added; Ord. 33-16 , Eff. 4/10/2016. Specific Provisions: 722.91 amended; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 722.33A added ; Ord. 166-16 , Eff. 9/10/2016. Introductory material amended; new Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Note (3) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table and Note (1) amended; Ord. 196-17, Eff. 11/4/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Table Notes (5) and (6) amended; Ord. 47-18, Eff. 4/16/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Note (12) added; Ord. 263-18, Eff. 12/3/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (4) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table and Note (8) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (13) added; Ord. 78-20, Eff. 6/22/2020. Zoning Control Table and Note (5) amended; Ord. 117-20, Eff. 8/31/2020. Note (6) amended; Ord. 182-20, Eff. 11/2/2020. Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Notes (1) and (13) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (14) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (14) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Note (12) amended; Ord. 95-22, Eff. 7/25/2022. Zoning Control Table amended; Note (15)3 added; Ord. 190- 22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Note (16) added; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table and Notes (5), (6), and (7) amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 85-24 , Eff. 5/27/2024. Zoning Control Table and Note (10) amended; Ord. 173-25; Eff. 10/6/2025. Second introductory paragraph, Zoning Control Table, and Notes (2), (5), and (11) amended; Notes (6) and (10) deleted; Notes (17) and (18) added; Ord. 217-25 , Eff. 12/15/2025. Undesignated introductory material, Zoning Control Table, and Note (1) amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Note (3) added; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES 1. So in Ord. 63-20. 2. So in Ord. 196-17. 3. Note “(15)” is referenced as “(14)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(14)” previously had been added to this section by Ord. 233-21. 4. So in Ord. 245-25. SEC. 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT. (a) Background. Sitting in the gulch between Nob and Russian Hills and Pacific Heights, the Polk Street Neighborhood Commercial District extends for a mile as a north-south linear strip, and includes a portion of Larkin Street between Post and California Streets. Polk Street’s dense mixed-use character consists of buildings with residential units above ground-story commercial use. The district has an active, pedestrian-oriented, and continuous commercial frontage along Polk Street for almost all of its length. Larkin Street and side streets in the district have a greater proportion of residences than Polk Street itself. California Street and Hyde Street also have active, pedestrian-oriented, and commercial frontage that is small-scale. The district is well served by transit and includes the historic California Cable Car. To preserve and maintain the district’s small-scale, fine grain storefronts, the consolidation or merger of existing retail or commercial spaces or storefronts is generally prohibited and lot mergers are controlled. The district provides convenience goods and services to the residential communities in the Polk Gulch neighborhood and to the residents on the west slopes of Nob and Russian Hills. It has many apparel and specialty stores, as well as some automobile uses, which serve a broader trade area. Commercial uses also include offices, as well as movie theaters, restaurants, and bars which keep the district active into the evening. (b) Controls. (1) Purposes. The Polk Street District controls are designed to encourage and promote development that is compatible with the surrounding neighborhood. The building standards guide large-scale development and protect rear yards at residential levels. Consistent with Polk Street’s existing mixed-use character, new buildings may contain most commercial uses at the First Story. The controls encourage neighborhood-serving businesses. They also prohibit new adult entertainment uses. Restrictions on drive-up and most automobile uses protect the district’s continuous retail frontage and prevent further traffic congestion. Housing developed in new buildings is encouraged above the First Story, especially in the less intensely developed portions of the district along Larkin Street and on large lots throughout the district. New housing development requires 40% or more two-bedroom plus units to encourage families to live in the district. Parking is limited in new developments given the District’s transit access and the proximity to bus rapid transit along Van Ness Avenue parallel to the district. Accessory Dwelling Units are permitted. (2) Replacement of a Legacy Business Requires Conditional Use Authorization. Where an immediately prior use was a Legacy Business, as defined under Administrative Code Section 2A.242, the controls require any new Non-Residential use to obtain Conditional Use authorization; provided, however, that this requirement shall not apply where: (A) the subject non-residential space has had no occupant and has not been open to the public for three or more years from the date the application for the new use is filed, (B) the Legacy Business has removed itself or has been otherwise removed from the Legacy Business Registry, or (C) the Legacy Business is an existing General Grocery use and is replaced by another business classified as a General Grocery use, and only if the existing General Grocery use is expanded into a building on the same Lot. (3) Merger of Storefronts. To preserve and maintain the district’s small-scale, fine grain storefronts, the consolidation or merger of existing ground floor retail or commercial spaces or storefronts shall be principally permitted up to 3,000 square feet and conditionally permitted at 3,001 square feet and above. (4) Neighborhood Commercial Design Guidelines. The construction of new buildings and alteration of existing buildings in the Polk Street NC District shall be consistent with the design policies and guidelines of the General Plan and with the “Polk/Pacific Special Area Design Guidelines” as adopted by the Planning Commission. The Planning Director may require modifications to the exterior of a proposed new building or proposed alteration of an existing residential building in order to bring it into conformity with the Citywide Design Standards, “Polk/Pacific Special Area Design Guidelines” and with the General Plan. These modifications may include, but are not limited to, changes in siting, building envelope, scale texture and detailing, openings, and landscaping.