759

SEC. 759. DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. The Divisadero Street Neighborhood Commercial Transit District (“Divisadero Street NCT”) extends along Divisadero Street between Haight and O’Farrell Streets. Divisadero Street’s dense mixed-use character consists of buildings with residential units above ground-story commercial use. The District has an active and continuous commercial frontage along Divisadero Street for most of its length. Divisadero Street is an important public transit corridor and throughway street. The commercial district provides convenience goods and services to the surrounding neighborhoods as well as limited comparison shopping goods for a wider market. The Divisadero Street NCT controls are designed to encourage and promote development that enhances the walkable, mixed-use character of the corridor and surrounding neighborhoods. Rear yard requirements above the ground story and at residential levels preserve open space corridors of interior blocks. Housing development in new buildings is encouraged above the ground story. Accessory Dwelling Units are permitted. Consistent with Divisadero Street’s existing mixed-use character, new commercial development is permitted at the ground and second stories. Most neighborhood-serving businesses are strongly encouraged. Controls on new Formula Retail uses are consistent with Citywide policy for Neighborhood Commercial Districts. The second story may be used by some retail stores, personal services, and medical, business and professional offices. Additional flexibility is offered for second-floor Eating and Drinking, Entertainment, and Trade Shop uses in existing non- residential buildings to encourage the preservation and reuse of such buildings. Hotels are monitored at all stories. Limits on late-night activity, drive-up facilities, and other automobile uses protect the livability within and around the district, and promote continuous retail frontage. If the Planning Department determines that any site proposed for residential development and located within the Divisadero Street NCT has received a 50% or greater increase in residential densities over prior zoning through the adoption of Ordinance No. 127-15, any development project that is subject to the Inclusionary Affordable Housing Program on such site shall pay the Affordable Housing Fee, or provide one of the Alternatives to Payment of the Affordable Housing Fee, set forth in Planning Code Sections 415 et seq., except that the amount of the Affordable Housing Fee or Alternatives to Payment of the Affordable Housing Fee shall be modified as set forth in Planning Code Sections 428 et seq.

Table 759. DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE Divisadero St. NCT Zoning Category § References Controls

BUILDING STANDARDS Divisadero St. NCT Zoning Category § References Controls BUILDING STANDARDS Massing and Setbacks Height and Bulk Limits. §§ 102, 105, 106, 250–252, 260, 261.1 , 263.19, 270, 270.3 , 271. See also Height and Bulk District Maps Varies. See Height and Bulk Map Sheets HT02 and HT07 for more information. Height sculpting required on Alleys per §261.1. 5 Foot Height Bonus for Active Ground Floor Uses § 263.20 P 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 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 along Divisadero Street for the entirety of the District Vehicular Access Restrictions § 155(r) See Section 155(r) Miscellaneous Lot Size (Per Development) §§ 102, 121.1 P(11) Planned Unit Development § 304 C Awning, Canopy or Marquee § 136.1 P Signs §§ 262, 602- 604, 607, 607.1, 608, 609 As permitted by § 607.1 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, and any other applicable design guidelines that have been approved by the Planning Commission. 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, 136 100 square feet if private, or 133 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 Car parking not required. P up to 0.5 spaces per Dwelling Unit, C up to 0.75 cars per Dwelling Unit; NP above. Bike parking required per § 155.2. If car parking is provided, car share spaces are required when a project has 50 units or more per § 166. Dwelling Unit Mix §§ 207.6 Generally required for creation of five or more Dwelling Units. No less than 40% of the total number of proposed Dwelling Units shall contain at least two bedrooms; or no less than 30% of the total number of proposed Dwelling Units shall contain at least three bedrooms. Use Characteristics Intermediate Length Occupancy §§ 102; 202.10 P(8)

Single Room Occupancy § 102 P Student Housing § 102 P Residential Uses Controls By Story 1st 2nd 3rd+ Residential Uses § 102 P(1) P P Accessory Dwelling Unit §§ 102, 207.1, 207.2 P per Planning Code Sections 207.1 and 207.2. Dwelling Units, Senior Housing, Group Housing, Generally §§ 102, 202.2(f), 207, 208 Form-Based Density 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. Homeless Shelters §§ 102, 208 Density limits regulated by the Administrative Code Loss of Dwelling Units: Conversion, Demolition, or Merger of Dwelling Units, including Residential Flats § 317 C Division of Dwelling Units § 207.8 Division of existing Dwelling Units P per § 207.8

Zoning Category § References Controls NON-RESIDENTIAL STANDARDS AND USES Zoning Category § References Controls NON-RESIDENTIAL STANDARDS AND USES Development Standards Floor Area Ratio §§ 102, 123, 124 , 207.9 2.5 to 1 2 For Office Uses minimum intensities may apply pursuant to § 207.9. Use Size §§ 102, 121.2 P up to 4,000 square feet; C 4,001 square feet and above Off-Street Parking Requirements §§ 145.1, 150, 151.1, 153 - 156, 166, 204.5 Car parking not required. Limits set forth in Section 151.1. Bike parking required per Section 155.2. Car share spaces required when a project has 25 or more parking spaces per § 166. 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. Commercial Use Characteristics Drive-up Facility § 102 NP Formula Retail §§ 102, 303.1 C Hours of Operation § 102 P 6 a.m. - 2 a.m.; C 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 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, Industrial §§ 102, 202.2(c) NP NP NP Agriculture, Large Scale Urban §§ 102, 202.2(c) C C C Agriculture, Neighborhood §§ 102, 202.2(c) P P P Automotive Use Category Automotive Uses* §§ 102, 202.2(b) NP NP NP Automotive Repair § 102 C NP NP Automotive Service Station §§ 102, 187.1, 202.2(b) C NP NP Electric Vehicle Charging Location §§ 102, 202.2(b), 202.13 C(10)1 C(10) C(10) Fleet Charging § 102 C C C Gas Station §§ 102, 187.1, 202.2(b) C NP NP Parking Garage, Private § 102 C NP NP Parking Garage, Public § 102 C NP NP Parking Lot, Private §§ 102, 142, 156 C NP NP Parking Lot, Public §§ 102, 142, 156 C NP NP 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(2) NP Entertainment, Nighttime § 102 P P(2) NP Movie Theater §§ 102, 202.4 P P(2) 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 P 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 P 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) P P(2) NP Cannabis Retail §§ 102, 202.2(a) C C NP Flexible Retail §§ 102, 202.9 P NP NP Grocery, General §§ 102, 202.3 P(5) P(5) NP Grocery, Specialty § 102 P(5) P(5) NP Hotel § 102 C C C Kennel § 102 C NP NP Liquor Store § 102 NP(5) NP NP Massage Establishment §§ 102, 204, 303(n), P C(9) NP(9) 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) P P(2) NP Restaurant, Limited §§ 102, 202.2(a) P P(2) NP Retail Sales and Service, General §§ 102, 202.3 P(5) P(5) NP Services, Financial § 102 C NP NP Services, Fringe Financial § 102 NP(6) NP(6) NP(6) Services, Limited Financial § 102 P NP NP Services, Retail Professional § 102 P P P Storage, Self § 102 NP NP NP Tobacco Paraphernalia Establishment § 102 C NP NP Trade Shop § 102 P P(2) NP Non-Retail Sales and Service* § 102 NP NP NP Design Professional § 102 P P NP Service, Non-Retail Professional § 102 C P NP Trade Office § 102 P P NP Utility and Infrastructure Use Category Utility and Infrastructure* § 102 C(7) C(7) C(7) Power Plant § 102 NP NP NP Public Utilities Yard § 102 NP NP NP

* Not Listed Below (1) C required for ground floor residential use when street frontage is listed in 145.4(b) (2) P on the Second Story of existing buildings which have had no immediately prior second-story Residential Use, otherwise NP. (3) [Note deleted.] (4) [Note deleted.]

(5) (a) Liquor Stores are not permitted within the Divisadero Street NCT, except Liquor Stores are P for the buildings located on Assessor’s Block 1215 Lots 018-089. Liquor Store uses which become inactive for more than 180 days may not be reestablished. A lawfully existing Liquor Store may relocate within the district with Conditional Use authorization; (b) Liquor Stores, General Grocery Stores, and Specialty Grocery Stores shall comply with the following Good Neighbor requirements: (i) The business operator shall maintain the main entrance to the building and all sidewalks abutting the subject property in a clean and sanitary condition in compliance with the Department of Public Works Streets and Sidewalk Maintenance Standards. In addition the operator shall be responsible for daily monitoring of the sidewalk within a one-block radius of the subject business to maintain the sidewalk free of litter associated with the business during business hours in accordance with Article 1 Section 34 of the San Francisco Police Code. For information about compliance, contact Bureau of Street Use and Mapping, Department of Public Works. (ii) The business operator shall provide outside lighting in a manner sufficient to illuminate street and sidewalk areas and adjacent parking as appropriate to maintain security, without disturbing area residences. (iii) No more than one-third of the square footage of the windows and clear doors of the business shall bear advertising or signage of any sort and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises including the area in which the cash registers are maintained from the exterior public sidewalk or entrance to the premises. (6) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD) Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, properties within the Divisadero Street NCD. 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 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3). (7) C if a Macro WTS Facility; P if a Micro WTS Facility. (8) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units. (9) P if accessory to a Hotel, Personal Service or Health Service. (10)1 P where existing use is any Automotive Use. (11) C for 10,000 square feet and above if located within the Priority Equity Geographies Special Use District established under Section 249.97.

(Added by Ord. 227-14, File No. 120796, App. 11/13/2014, Eff. 12/13/2014; redesignated and amended by Ord. 127-15 , File No. 150082, App. 7/17/2015, Eff. 8/16/2015; amended by 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; redesignated and amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by 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. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; 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. 295-18, File No. 151258, 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. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019; 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; 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. 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. 117-24, File No. 240263, App. 6/21/2024, Eff. 7/22/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; 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 Section redesignated (formerly Sec. 746.1); section header and introductory material amended; Zoning Control Table: 746.91 and 746.92 amended; Ord. 127-15 , Eff. 8/16/2015. Zoning Control Table: former categories 746.36, 746.37, 746.38, and 746.39 deleted, 746.96, 746.97, and 746.98 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 746.91 amended; Specific Provisions: 746.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 746.33A added; Ord. 166-16 , Eff. 9/10/2016. Section redesignated (formerly Section 746); 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 amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Fourth paragraph added to introductory material; Ord. 295-18, 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 amended; Ord. 205-19, Eff. 10/12/2019. Zoning Control Table and Note (6) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (8) added; Ord. 78-20, Eff. 6/22/2020. Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Notes (6) and (8) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (9) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (9) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (10)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Note (11) added; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table 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. Note (5) amended; Ord. 117-24 , Eff. 7/22/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1- 26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES 1. Note “(10)” is referenced as “(9)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(9)” previously had been added to this section by Ord. 233-21. 2. So in Ord. 245-25. SEC. 760. FILLMORE STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. The Fillmore Street Neighborhood Commercial Transit District (“Fillmore Street NCT”) extends along Fillmore Street between Bush and McAllister Streets. Fillmore Street’s dense mixed-use character consists of buildings with residential units above ground-story commercial use. Buildings range in height from one-story commercial buildings to high-rise towers. Fillmore Street and Geary Boulevard are important public transit corridors. The commercial district provides convenience goods and services to the surrounding neighborhoods as well as shopping, cultural, and entertainment uses that attract visitors from near and far. The Fillmore Street NCT controls are designed to encourage and promote development that enhances the walkable, mixed-use character of the corridor and surrounding neighborhoods. Rear yard requirements at residential levels preserve open space corridors of interior blocks. Housing development in new buildings is encouraged above the ground story. Accessory Dwelling Units are permitted. Consistent with Fillmore Street’s existing mixed-use character, new commercial development is permitted at the ground and second stories. Most neighborhood- and visitor-serving businesses are strongly encouraged. Controls on new Formula Retail uses are consistent with Citywide policy for Neighborhood Commercial Districts. The second story may be used by some retail stores, personal services, and medical, business, and professional offices. Parking and hotels are monitored at all stories. Limits on drive-up facilities and other automobile uses protect the livability within and around the district and promote continuous retail frontage.

Table 760. FILLMORE STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE Fillmore St. NCT Zoning Category § References Controls BUILDING STANDARDS Fillmore St. NCT Zoning Category § References Controls BUILDING STANDARDS Massing and Setbacks