FILE NO. 250682
AMENDED IN COMMITTEE
10/27/2025
ORDINANCE NO. 217-25
[Planning Code; Zoning Map - Consolidating the North Beach Special Use and Neighborhood
Commercial Districts and Expanding Allowable Uses and Use Size Limits in Certain Zoning
Districts]
Ordinance amending the Planning Code to: 1) eliminate the North Beach Special Use
District and consolidate certain controls into the North Beach Neighborhood
Commercial District, expand allowable uses and increase use size limits in the North
Beach Neighborhood Commercial District, 2) expand allowable uses and increase use
size limits in the Polk Street Neighborhood Commercial District, 3) expand allowable
uses in the Pacific Avenue Neighborhood Commercial District, 4) expand allowable
uses and increase use size limits in the Nob Hill Special Use District, and 5) reduce
limitations on Restaurants and Bars in the Jackson Square Special Use District;
amending the Zoning Map to reflect removal of the North Beach Special Use District;
affirming the Planning Department's determination under the California Environmental
Quality Act; making findings of consistency with the General Plan and the eight priority
policies of Planning Code, Section 101.1; and making findings of public necessity,
convenience, and welfare under Planning Code, Section 302.
NOTE:
Unchanged Code text and uncodified text are in plain Arial font.
Additions to Codes are in single-underline italics Times New Roman font.
Deletions to Codes are in strikethrough italics Times ll/e,F Roman font.
Board amendment additions are in double-underlined Arial font.
Board amendment deletions are in strikethrough Arial font.
Asterisks (* * * *) indicate the omission of unchanged Code
subsections or parts of tables.
Be it ordained by the People of the City and County of San Francisco:
Section 1. Environmental and Land Use Findings.
(a) The Planning Department has determined that the actions contemplated in this
ordinance comply with the California Environmental Quality Act (California Public Resources
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Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of
Supervisors in File No. 250682 and is incorporated herein by reference. The Board affirms
this determination.
(b) On September 25, 2025, the Planning Commission, in Resolution No. 21822,
adopted findings that the actions contemplated in this ordinance are consistent, on balance,
with the City's General Plan and eight priority policies of Planning Code Section 101.1. The
Board adopts these findings as its own. A copy of said Resolution is on file with the Clerk of
the Board of Supervisors in File No. 250682, and is incorporated herein by reference.
(c) Pursuant to Planning Code Section 302, the Board of Supervisors finds that the
actions contemplated in this ordinance will serve the public necessity, convenience, and
welfare for the reasons set forth in Planning Commission Resolution No. 21822, and adopts
such reasons by this reference thereto. A copy of said Resolution is on file with the Clerk of
the Board of Supervisors in File No. 250682, and is incorporated herein by reference.
Section 2. Article 1 of the Planning Code is hereby amended by revising Section 102,
to read as follows:
SEC. 102. DEFINITIONS.
For the purposes of this Code, certain words and terms used herein are defined as set
forth in this and the following sections. Additional definitions applicable to Signs are set forth
in Section 602. Additional definitions applicable to development impact fees and requirements
that authorize the payment of in-lieu fees are set forth in Section 401. Additional definitions
applicable only to Downtown Residential Districts are set forth in Section 890. Additional
definitions applicable only to the l'.Torth Beach Neighborhood Commercial District and the North Betwh
Special Use District are set forth il'l Section 780.3. Additional definitions applicable only to the
Bernal Heights Special Use District are set forth in Section 242. Additional definitions
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applicable only to Article 9, Mission Bay Districts, are set forth in Section 996. All words used
in the present tense shall include the future. All words in the plural number shall include the
singular number, and all words in the singular number shall include the plural number, unless
the natural construction of the wording indicates otherwise. The word "shall''. is mandatory
and not directory. Whenever any of the following terms is used it shall mean the
corresponding officer, department, board or commission or its successor of the City and
County of San Francisco, State of California, herein referred to as the City: Assessor, Board
of Supervisors, Planning Department, Department of Public Works, Director of Planning,
Planning Commission, or Zoning Administrator. In each case, the term shall be deemed to
include an employee of any such officer or department of the City who is lawfully authorized to
perform any duty or exercise any power as a representative or agent of that officer or
department.
* * * *
Restaurant, Limited. A Retail Sales and Service Use that serves ready-to-eat foods
and/or drinks to customers for consumption on or off the premises, that may or may not have
seating. It may include wholesaling, manufacturing, or processing of foods, goods, or
commodities on the premises as an Accessory Use as set forth in Sections 204.3 or 703(d),
803.2(d), 803.3(b)(1 )(C) and 825(c)(1 )(C) depending on the zoning district in which it is
located. It includes, but is not limited to, foods provided by sandwich shops, coffee houses,
pizzerias, ice cream shops, bakeries, delicatessens, and confectioneries meeting the above
characteristics, but is distinct from a Specialty Grocery, Restaurant, and Bar. Within the lvorth
Beach SUD, it is also distinctfrom Specialty Food A{amffacturing, as defined in Section 780.J(b). It
shall not provide on-site beer and/or wine sales for consumption on the premises, but may sell
beer and/or wine for consumption off the premises with a California Alcoholic Beverage
Control Board License type 20 (off-sale beer and wine), if all areas devoted to the display and
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sale of alcoholic beverages occupy less than 15% of the Occupied Floor Area of the
establishment. Such businesses shall operate with the specified conditions in Section
202.2(a)(1 ).
Section 3. Article 1.2 of the Planning Code is hereby amended by revising Sections
121.2 and 145.4, to read as follows:
SEC. 121.2. NON-RESIDENTIAL USE SIZE LIMITS IN NEIGHBORHOOD
COMMERCIAL AND NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICTS.
(a) In order to protect and maintain a scale of development appropriate to each
district, Non-Residential Use Sizes larger than the square footage stated in the table below
may be permitted only as Conditional Uses, subject to the exception in Section 121.2(b). The
Non-Residential Use Size shall be measured as the Gross Floor Area for each individual Non-
Residential Use.
District
Use Size Limits
Castro Street
2,000 sq. ft.
,\T.er-th Beeeh
Pacific Avenue
Pet,'f Str-eet**
* * * *
NC-1, NCT-1
3,000 sq. ft.
Broadway
Hayes-Gough
North Beach
Polk Street**
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Upper Market Street
Valencia Street
* * * *
* * * *
SEC. 145.4. REQUIRED GROUND FLOOR COMMERCIAL USES.
(a) Purpose. To support active, pedestrian-oriented commercial uses on important
commercial streets.
(b) Applicability. The requirements of this Section 145.4 apply to the following street
frontages.
* * * *
(27) The entirety of the North Beach Neighborhood Commercial District-end
North Beach Special Use District;
* * * *
Section 4. Article 1. 7 of the Planning Code is hereby amended by revising Section
186, to read as follows:
SEC. 186. EXEMPTION OF LIMITED COMMERCIAL AND INDUSTRIAL
NONCONFORMING USES IN RH, RM, RTO, AND RED DISTRICTS.
* * * *
(a) Exemption from Termination Provisions. The following nonconforming uses in R
Districts shall be exempt from the termination provisions of Section 185, provided such uses
comply with all the conditions specified in subsection (b) below:
* * * *
(3) Subsections (a)(1) and (a)(2) above apply to the following Restricted Use
Subdistricts: the Geary Boulevard Formula Retail Pet Supply Store and Formula Retail Eating
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and Drinking Subdistrict set forth in Section 781.4 of this Code; the North Beach Financial
Service, Limited Financial Service, and Business or Professional Service Subdistrict set forth
in Section 781.6 of this Code; the North Beach Special UseNeighborhood Commercial District
set forth in Section 780.3722 of this Code; and the Third Street Formula Retail Restricted Use
District set forth in Section 786 of this Code.
* * * *
Section 5. Article 2 of the Planning Code is hereby amended by revising Sections 201,
238, and 249.25 to read as follows:
SEC. 201. CLASSES OF USE DISTRICTS.
* * * *
Neighborhood Commercial Special Use Districts
(Defined in Sec. 702.2)
Lakeshore Plaza Special Use District (Defined in Sec. 780.1)
Bayshore-Hester Special Use District (Defined in Sec. 780.2)
Mission-Harrington Special Use District (Defined in Sec. 780.4)
1Vorth Beach Special Use District (Defined in Sec. 780. 3)
1800 Market Community Center Project Special Use District (Defined in Sec. 787)
* * * *
SEC. 238. NOB HILL SPECIAL USE DISTRICT.
(a) A Hotel, as defined in Section 102 of this Code, may be permitted by the Planning
Commission as a eConditional ttUse under Section 303 of this Code.
(b) In connection with any permitted pfrincipal Use or eConditional ttUse located in
such Special Use District, incidental eCommercial ttUses may be permitted by the Planning
Commission as a eConditional ttUse under Section 303 of this Code, if designed primarily for
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occupants of and visitors to the use to which they are incidental, accessible to the general
public only from within the building, and not identified outside the building by means of any
sign or signs.
(c) A Private Community Facility as defined in Section 102 of this Code, and that is
not operated as a gainful (for-profit) business may be permitted by the Planning Commission
as a eConditional ttUse under Section 303 of this Code.
(d) Eating and Drinking uses as defined in Section 102 of this Code, with the exceptiow
of Eating and Drinking uses that are also defined as ,f/'ormula Retail may be permitted by the
Planning Commission as a eConditional ttUse under Section 303 of this Code, except that
Limited Restaurant uses as defined in Section I 02 of this Code shall be permitted as Principal Uses and
any Eating and Drinking uses that are also defined as Formula Retail are not permitted. The
limitations on design, accessibility, and identification set forth in S~ubsection (b) above shall
not apply to such uses hereby permitted.
( e) Arts Activities uses as defined in Section 102 of this Code shall be principally permitted on
the first floor and as a Conditional Use under Section 303 o[this Code on the second floor and
above.
{fl Signage for pfrincipal permitted uUses or for Eating and Drinking uses within the
Nob Hill Special Use District shall be limited as per Section 606 of this CodeL with the
exception that projecting s~igns in the form of sign copy on eCanopies and ajwnings shall be
permitted for Eating and Drinking uses in lieu of wWall s~igns unless otherwise limited as a
condition of approval of a eConditional ttUse authorization.
(fg) An existing Retail Professional Service, as defined in Section 102 of this Code,
that has operated without the benefit of a permit prior to June 17, 2025, may be principally
permitted and allowed to expand into another commercial space within the same structure.
Such use shall not be required to be incidental to a Principal or Conditionally Permitted use on
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the site. Additionally, such use shall be exempt from the signage and public access
restrictions of this SUD.
iliL The various uses provided for in Subsections 238(a) through 238(e1) above are not
permitted in any portion of a building that is devoted to a Dwelling Unit or to Group Housing as
defined in Section 102 of this Code.
SEC. 249.25. JACKSON SQUARE SPECIAL USE DISTRICT.
In order to provide for the protection and enhancement of specialty retail and antique
store uses in the Jackson Square area, there shall be established the Jackson Square Special
Use District as designated on Sectional Map No. SU01 of the Zoning Map. The boundaries of
this Special Use District shall be coterminous with the boundaries of the Jackson Square
Historic District as established by Appendix B to Article 10 of this Code and further described
in Section 3 of that Appendix, and shall also include Lot 4 of Block 195. The following
provisions shall apply within the Jackson Square Special Use District:
(a) Purposes. These controls are intended to protect and enhance the unique retail
character of the Special Use District. All decisions of the Planning Commission and
Department for the establishment of ground floor use shall be guided by the following factors:
(1) Continuation and enhancement of existing ground floor retail uses are of
critical importance to the character of the District and displacement of such uses should be
discouraged;
(2) Attraction and retention of similar new retail establishments that conform
with the character of this District should be encouraged; and
(3) Uses that greatly intensify the density of employment have a negative
impact on the provision of neighborhood services, traffic circulation, and limited on- and off-
street parking.
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(b) Controls.
(1) General. The provisions of the C-2 ttS-e---dDistrict as established in {Section
210.:2-11 and applicable provisions of the Washington-Broadway Special Use Districts (Section
239), and the Chinatown Community Business District (Section 810), shall prevail except as
provided in subsections paragraphs @(2) and @(3) ofthis Section 249.25 belmli.
(2) Conditional Uses.
(A) Office Uses, Business Services, and Institutional Uses. Office
Uses, Business Services, and Institutional Uses, as defined in Section 102 of this Code, at the
ground floor are subject to Conditional Use authorization pursuant to Section 303 of this
Code,:, provided, however, that building lobbies, entrances, and exits to and from the
basement, ground floor, or upper floors, and other reasonably-sized common areas at the
ground floor shall be permitted without Conditional Use authorization. In addition to the
findings required under Section 303(c) for Conditional Use authorization, the Commission
shall make the following findings:
(i) The use shall be necessary to preserve the historic resource
and no other use can be demonstrated to preserve the historic resource.
(ii) The use shall be compatible with, and shall enhance, the
unique retail character of the District.
(B) Restaurants, Limited Reslaurants, and Bars. Restaurant uses larger
than 4.000 square feet Limited Restaurcmt~ and Bar uses larger than 4,000 square feet may be
permitted as a Conditional Use on the First Story through the procedures set forth in Section
303L only if the Zoning Administrator first determines that the proposed new Restaumnt, Limited
Restcmrant, or Bar would occupy a space that is Cttrrently or wa8 last legally occupied by one of the
uses described below; provided that its last ctse has not been discontinued or abandonedpurs1;1ant to
Sections 186.1 (d) or 178(d) a/this Code and that the proposed new use will not enlarge the space,· and
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providedfitrther that no Conditional Use authorization shall be required if the use remains the
same as the prior authorized use, with no enlargement or intensification of use~+
(i) A Bar may occupy a space that is currently or last legally occupied
by a Bar;
(ii) A Restaurant may occupy a sp€tce tl,;at is currently or W€ts !£1st
legally occupied by a Restaurant or Bar; and
(iii) A Limited Restaurant may occupy a space that is currently or was
last legally occupied by a Limited Restaurant, Restmtrant, or Bar.
(iv) Except as provided herei/q, 1w other use shall be allowed to convert
to a Limited RestBurant, Restaurant, or Bar.
(CJ Exception for Certain Pr0posed Limited Restaurant Uses. A proposed
Limited Restmtrant use is Princip€tlly Permitted, shall not be required to obtailq a Conditional Urn
authorization pursuant to subsection (b)(2)(B) above, and shall not be subject to the limitation of
subsection (b) (2) (B) (iii) abme if an application for a buildiNg permit 1qecessary for the establishment of
trtwh use wasfiled with the City by July 19, 2018.
(3) Prohibited Uses. Adult Businesses, as defined in Section 102 of this Code,
are prohibited.
Section 6. Article 3 of the Planning Code is hereby amended by revising Sections
303.2 and 304, to read as follows:
SEC. 303.2. PRIORITY PROCESSING FOR CERTAIN USES IN COMMERCIAL
SPACE: EXPEDITED CONDITIONAL USE REVIEW AND APPROVAL PROCESS AND
REDUCED APPLICATION FEE.
* * * *
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(c) Eligibility for Priority Processing. An application for a Conditional Use
authorization qualifies for priority processing ("eligible application") pursuant to this Section
303.2 if it is seeking to establish, alter, enlarge, or intensify a commercial use on the first story
or below, or on the second story where the commercial use would operate on both the first
and second stories, in the subject building and if it complies with all of the following
requirements:
*
* *
*
(9) ft is not within the }1/orth Beach l"leighborhood Commercial District, es described
end set forth in Section 722, or the North Beach Special Use District, es described tmd set forth in
Section 780. 3.
* *
* *
SEC. 304. PLANNED UNIT DEVELOPMENTS.
In districts other than C-3, the Eastern Neighborhoods Mixed Use Districts, the DTR
Districts, or the North Beach Special UseNeighborhood Commercial District, the Planning
Commission may authorize as Conditional Uses, in accordance with the provisions of Section
303, Planned Unit Developments subject to the further requirements and procedures of this
Section 304. After review of any proposed development, the Planning Commission may
authorize such development as submitted or may modify, alter, adjust or amend the plan
before authorization, and in authorizing it may prescribe other conditions as provided in
Section 303(d). The development as authorized shall be subject to all conditions so imposed
and shall be excepted from other provisions of this Code only to the extent specified in the
authorization.
* * * *
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Section 7. Article 7 of the Planning Code is hereby amended by revising Sections 703,
722, 723, 726, and 780.3, to read as follows:
SEC. 703. NEIGHBORHOOD COMMERCIAL DISTRICT REQUIREMENTS.
* * * *
(d) Accessory Uses. Subject to the limitations set forth below and in Sections 204.1
(Accessory Uses for Dwellings in All Districts), 204.4 (Dwelling Units Accessory to Other
Uses), and 204.5 (Parking and Loading as Accessory Uses) of this Code, Accessory Uses as
defined in Section 102 shall be permitted when located on the same lot. Notwithstanding the
foregoing, a Retail Workspace, as defined in Section 102, shall be permitted as an Accessory
Use in connection with any Eating and Drinking Use regardless of the floor area occupied by
such Accessory Use, so long as (1) the hours of operation for the accessory Retail
Workspace use are limited to 9 a.m. to 5 p.m. and (2) such Eating and Drinking Use is also
open for business to the general public on each day during which the accessory Retail
Workspace use is open. Any Use that does not qualify as an Accessory Use shall be
classified as a Principal or Conditional Use unless it qualifies as a temporary use under
Sections 205 through 205.4 of this Code. Parcel Delivery Service, as defined in Section 102 of
the Planning Code, for merchandise or products other than cannabis and cannabis products is
not allowed as an accessory use to any other principal use.
No Use will be considered accessory to a permitted Principal or Conditional Use
that involves or requires any of the following:
* * * *
(3) The wholesaling, manufacturing, or processing of foods, goods, or
commodities on the premises of an establishment that does not also use or provide for retail
sale of such foods, goods, or commodities at the same location where such wholesaling,
manufacturing, or processing takes place, with the following exceptions:
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(A) !n the North Beach Special Use District where such activities are limited to
15% of the total.floor area occupied by the PriJ-wipal or Conditio,'"1:al Use to which it is accessory unless
the Principal or Conditional Use is Specialty Foods Manufacturing as defined in Section 780. 3 of this
Code; and
~except that NI:Iotwithstanding the floor area limitation in subsection
(d)(1 ), a Catering Use limited to food and beverage Catering shall be permitted as an
Accessory Use to Restaurants and Limited Restaurants if the following requirements are met:
(.f.A.) The Catering Use does not operate more than 75% of the total time
within the Restaurant's or Limited Restaurant's Hours of Operation on any given day; and
(.f.i.!.l.)
The Catering Use does not distribute or deliver individual meals to
customers directly from the subject lot, either by its own means, or through a third-party
delivery service.
* * * *
SEC. 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT.
The North Beach Neighborhood Commercial District is a nonlinear district centered on
Columbus Avenue, located in the valley between Telegraph Hill and Russian Hill north of
Broadway. North Beach functions as a neighborhood-serving marketplace, citywide specialty
shopping, and dining district, and a tourist attraction, as well as an apartment and residential
hotel zone. Traditionally, the district has provided most convenience goods and services for
residents of North Beach and portions of Telegraph and Russian Hills. North Beach's eating,
drinking, and entertainment establishments remain open into the evening to serve a much
wider trade area and attract many tourists. The balance between neighborhood-serving
convenience stores and Citywide specialty businesses has shifted, as convenience stores
have been replaced by restaurants and bars. The proliferation of financial services, limited
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financial services, and professional services has also upset the district's balance of uses. The
relocation of business and professional offices from downtown to North Beach threatens the
loss of upper-story residential units.
The North Beach District controls are designed to ensure the livability and
attractiveness of North Beach. The protection and enhancement of the unique architectural,
cultural, and historic character of North Beach shall be prioritized. Building standards limit
new development to a small to moderate scale. Rear yards are protected above the ground
story and at residential levels. Active commercial uses shall be required at the ground floor.
Special controls limit Health Services to small neighborhood-serving medical and dental
services, while large-scale medical facilities are prohibited. Small-scale, neighborhood-serving
businesses are strongly encouraged and formula retail uses are prohibited. To preserve and
maintain the district's small-scale, fine grain storefronts, the consolidation or merger of
existing retail or commercial spaces or storefronts are prohibitedis restricted, and Use Sizes are
controlled to encourage conversion back to the traditional small-scale commercial spaces.
Special controls are necessary because an over-concentration of food and beverage service
establishments limits neighborhood-serving retail sales and personal services in an area that
needs them to thrive as a neighborhood. To honor the importance of Legacy Businesses in
the success of the neighborhood, special controls are in place to prevent the replacement of
an active Legacy Business with a non-Legacy Business. In order to maintain neighborhood-
serving retail sales and personal services and to protect residential livability, additional e-ating
and drinkiJ1g establishmentsRestaurants and Bars are prohibited in spaces that have been
occupied by neighborhood-serving retail sales and personal services. Special controls prohibit
new ,valk up facilities. Financial services, limited financial services, and ground-story business
and professional office uses are prohibited from locating in the portion of the district south of
Greenwich Street, while new financial services locating in the portion of the district north of
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Greenwich Street are limited. Restrictions on automobile and drive-up uses are intended to
promote continuous retail frontage and maintain residential livability.
In keeping with the district's existing mixed-use character, housing development in new
buildings is encouraged above the ground floor. Existing residential units are protected by
prohibitions of upper-story conversions, mergers, removals, and demolitions. Per Section
207 .1 of this Code, Accessory Dwelling Units are permitted within the existing building
envelope, but may not eliminate or reduce ground-story retail or commercial space.
Table 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT
ZONING CONTROL TABLE
North Beach NCD
Zoning
§ References
Controls
Category
BUILDING STANDARDSJ1Z2.
* * * *
Street Frontage and Public Realm
* * * *
Ground Floor
§§ 145.4, 780.3
Required within the entire District.
Commercial
Gerifrel:itltltieri efgr-euml:fl,eer- Re1'eil: er-
Gemmereiel s-peees is -pr-ehieited.
* * * *
RESIDENTIAL STANDARDS AND USES
* * * *
Loss of Dwelling Units
Control by Story
1st
2nd
3rd+
Residential
§§ 317, 780.3(c)(/)
C
NP
NP
Conversion
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1 1
Residential
§§ 317, 780.3(c)(4)
C
NP
NP
Demolition
and Merger
NON-RESIDENTIAL STANDARDS AND USES_il_fil
Development Standards
Floor Area
§§ 102, 123, 124
1.8 to 1
Ratio
Use Size
§§ 102, 121.2, 780.3(c)(3),
P up to ~3.000 square feet; C &,GG-43,001
121.5
square feet and above. (10) (5) Division of
large use sizes per§ 121.5.
*
*
*
*
Storefront
§ 780.3(c)(3)
Storefront mergers IV P-C up to 3,000 square feet,·
Mergers
GNP 3, 00 I sguare feet and above and $peeialty1
Grocery' use -sheU not eJfeeed- a &h,e $-i'Z:e o-jl, 000
square feet within the North Beech Special Use
f)f.strict.
Commercial Use Characteristics
*
*
*
*
Walk-up
§ 102
NP (2)
Facility
Controls by Story
1st
2nd
3rd+
*
*
*
*
Sales and Service Use Category
Retail
§§ 102, 202.2(a), 202.3
P(10)
P(10)
NP
Sales and
Service
Uses*
*
*
*
*
Bar
§§ 102, 202.2(a), 780.3
C(5)fef
NP
NP
*
*
*
*
Flexible
§§ 102, 202.9
NP
NF-GNP NF-GNP
Retail
*
*
*
*
Restaurant
§§ 102, 202.2(a), 780.3
C(5)fef
NP
NP
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Restaurant, §§ 102, 202.2(a), 780.3
GE_(J-)
NP
NP
Limited
* * * *
Services,
§ 102
NFGNPfi-9t
C
C
Health
* * * *
* Not listed below
* * * *
(2) NORTH BEACH WALK UP FACILITIES: Walk-up facilities are NP in the District,
irwluding except automated bank teller machines (ATMs) ~which are NP.
(3) [Note deleted.]
(4) [Note deleted.]
(5) l"lORTHBEACHSPECL4L USE DISTRICT (Section 780.3): Restaurants, LimitedRestcwrants
and Bars may be permitted as a Conditional Use on the First Story through the procedures
set forth in Section 303 only if the Zoning Administrator first determines that the proposed
new Restaurant, Li.'-nited Restaurcmt, or Bar would occupy a space that is currently or was last
legally occupied by one of the uses described below; provided that its last use has not been
discontinued or abandoned pursuant to Sections 186.1 (d) or 178(d) of this Code and that
the proposed new use will not enlarge the space; and provided further that no Conditional
Use shall be required if the use remains the same as the prior authorized use, with no
enlargement or intensification of use:
(A) A Bar may occupy a space that is currently or last legally occupied by a Bar;
(B) A Restaurant may occupy a space that is currently or was last legally occupied by a
Limited Restaurant, Restaurant or Bar; and
(C) A Limited Restaurant may occupy a space that is currently or ~1·as !£1st legally occupied by a
Limited Restaurant, Restcwrant or Bar.
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----ff» Except as provided herein, no other use shall be allowed to convert to a Limited
Restaurant, Restaurant or Bar
(6) NORTHBEACHLIQUOR L!CEPlSESFOR RESTAURANTS (Section 780.3): A Restaurant Urn
may ol'lly add ABC lice11se t)lJes 02, 23, 11, 17, 19, 59 or 75 as tt Conditional Use on the F'irst Story
~l in additio11 to the criteria setforth in Section 303, the Planning Commission finds that the
Restaurant is opcrati11g as a Bo11a F'ide Eating Place as defined in Section 102. Should a Restaurant
.fail to operate as a Bmw F'ide Eating Place for any length of time, the C011ditional Use authori::,ation
shall be subject to hnmediate revocation. To verffj,i #wt tJw Restaurant is continuing to operate as a
Bona F'ide Eati,"lg Place, records oft he Restaurant's gross receipts or gross sales shall be provided
to the DepttrtnwNt upon request. All records and i11formation shall be submitted to the Department
under penalty ofperjury. [Note deleted. 7
* * * *
(10) Per the 11/orth Beach Special [lse District in Section 780.J(c)(J) erfthis Code, Specialty
Grocery use shall not exceed tt Use Size &f 1, 000 square feet in order to preserre and maintai11 the
district's sNw!l scale, fine grain storefi·onts. [Note deleted. 7
(11) GROUND FLOOR COMMERCIAL USES REQUIRED
Boundaries: North Beach NCO
Controls: Unless otherwise prohibited or limited by Section 780.3, Section 722, or any other
section of this Code, to promote active, pedestrian-oriented streetscape, Active Commercial
uses shall be required at the Ground Floor pursuant to Section 145.4. Per
Section 145.4(c)(1 ), "active commercial uses" shall not include Automotive Uses except for
Automobile Sale or Rental uses where curb-cuts, garage doors, or loading access are not
utilized or proposed and such sales or rental activity is entirely within an enclosed building
and does not encroach on surrounding sidewalks or open spaces.
Supervisor Sauter
BOARD OF SUPERVISORS
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*
*
* *
(17) Architectural and Cultural Heritage ofNorth Beach. Section 1 OJ. 1 o{the Planning Code
includes the priority policy that historic buildings be preserved. The architectural and cultural
character and features of existing hHistoric 'eBuildings shall be preserved and enhanced. The
Historic Preservation Commission or its staff shall review any proposed alterations to -l=lHistoric
aBuildings, as defined in section 102, and must determine that such alterations comply with the
Secretary of1nterior ·s Standards for the Treatment of Historic Properties before the City approves
any permits to alter such buildings.
(18) Legacy Business: Where an immediately prior use 1'vas a Legacy Business, as defined under
Administrative Code Section 2A.242. the controls require any new Non-Residential use to obtain
Conditional Use authorization: provided, however, that this requirement shall not apply where: (A)
the subiect non-residential space has had no occupant and has not been open to the public for three
or more years from the date the application for the new use is filed, or (B) the Legacy Business has
removed itsel(or has been otherwise removed fi·om the Legacy Business Registry.
(19) Health Services permitted as a Conditional Use on the First Story up to 3,000 square
feet; not permitted 3,001 square feet and above.
SEC. 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT.
*
* *
*
(b) Controls.
* * * *
(3) Merger of Storefronts Prohibited. To preserve and maintain the district's small-
scale, fine grain storefronts, the consolidation or merger of existing ground floor retail or
commercial spaces or storefronts shall be principally permitted up to 3,000 square feet and
conditionally permitted at 3,001 square feet and abovcprohibited, except that two adjacent storefronts
Supervisor Sauter
BOARD OF SUPERVISORS
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may· be consolidated or nwr1;ed if: (A) the storefronts are for a Legacy Business on a corner lot within
the same building and Block and Lot nwnber, r:mdprovided that the comwlidation or nwrger &j
storefronts would not result in Et use size in excess of the principally permitted use size within the Polk
Street NCD, (B) tJze storefronts are merged by e General Grocery use in association with the
replacement ofa Legacy Business thttt is also a General Grocery use, and the expansion of the General
Grocery use is within a buildi1qg ON the stmw Lot, and is consistent with the size limitations in Section
I 21. 2, or (CJ the storefronts are merged by a Limited Restaurant use that relocates within the Polk
Street ,VCD, and is designated as a Legacy Business as of the effective date of the ordinance in Board
File ,\To. 240UJ.
*
*
*
*
Table 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT
ZONING CONTROL TABLE
Polk Street NCD
Zoning
§ References
Controls
Category
*
*
*
*
NON-RESIDENTIAL STANDARDS AND USES (7)
Development Standards
*
*
*
*
Use Size
§§ 102,121.2, 121.5
P up to &,0003,000 square feet;
C ~3.001 square feet and
above. (2) Division of large use
sizes per§ 121.5.
*
*
*
*
Store-{j:ont
§ 102
Store-{j:ont mergers P ur2. to 3,000
Mergers
sctuare -/§et; C 3,001 square &et
and above.
*
*
*
*
Controls by Story
1st
I 2nd I 3rd
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BOARD OF SUPERVISORS
Page 20
1 1
* * * *
Sales and Service Use Category
Retail
§§ 102, 202.2(a), 202.3
p
p
NP
Sales and
Service
Uses*
* * * *
Services,
§ 102
NF-C(3)
C
C
Health
* * * *
* Not listed below
(1) Temporary closures of existing liquor establishments located within the Lower Polk
Alcohol Restricted Use District for repair, renovation, or remodeling that meet the
requirements of Section 788(d)(2)(B) shall not be considered enlargement, alteration,
intensification, abandonment, or a change of use of a conditional use permit pursuant to
Section 178 of this Code, provided that any demolition permits required for the repair,
renovation, or remodeling work have been submitted by January 1, 2018.
(2) USE SIZE EXEMPTION: Per Planning Code Section 121.2(a), a Conditional Use
Authorization is not required for any Limited Restaurant use that relocates within the Polk
Street NCO, and is designated as a Legacy Business as of the effective date of the
ordinance in Board File No. 240411. Per Planning Code Section 121.2(b), Use Si::e shall
generally J9ot exceed I, 000 square feet except tlwt a A1m·ie Theater as defi,"led il'l Section 102 may
exceed I, 000 squttrcfeet. !J9 addition, t}w cn!-argnnent ofan existing General Grocery use on the
same Lot, and in association with the replacement ofa Legacy Business that is also a General
Grocery use, may exceed I, 000 square feet.
(3) Principally permitted on properties that do not have any frontage on Polk Street,
California Street, or Hyde Street.
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BOARD OF SUPERVISORS
Page 21
* * * *
(7) REPLACEMENT OF LEGACY BUSINESSES REQUIRES CONDITIONAL USE
AUTHORIZATION. Where an immediately prior use was a Legacy Business, as defined
under Administrative Code Section 2A.242, the controls require any new Non-Residential
Use to obtain Conditional Use authorization; this requirement shall not apply where: (A) the
subject non-residential space has had no occupant and has not been open to the public for
three or more years from the date the application for the new use is filed, or (B) where the
Legacy Business has removed itself or has been otherwise removed from the Legacy
Business Registry.
* * * *
SEC. 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT.
* * * *
Table 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT
ZONING CONTROL TABLE
Pacific Avenue NCD
Zoning Category
§ References
Controls
*
*
*
*
NON-RESIDENTIAL STANDARDS AND USES .{fil
*
*
*
*
Controls by Story
1st
2nd
3rd+
*
*
*
*
Sales and Service Use Category
Retail Sales and
§§ 102, 202.2(a), 202.3
p
C
NP
Service Uses*
*
*
*
*
Bar
§§ 102, 202.2(a)
NFGNP NP
NP
*
*
*
*
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BOARD OF SUPERVISORS
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Flexible Retail
I §§ 102, 202.9
INP
I NFGNP I NFGNP
*
*
*
*
Services, Health I§ 102
INFc
le
INFc
*
*
*
*
*
*
*
*
SEC. 780.3. NORTHBEACHSPECL4L USEDISTRICT.(REPEALED.[
(a) Purposes. In order to (1) preserve and maintain the mix cmd variety of neighborhood
serving retail sales andpersonal services ofa type that supplies commodities or Cfjfers personal
services to residents &jl'lorth Beach cmd nearby neighborhoods; (2) presen;e cmd maintain the
District's small scale, fine grain storcfi·o,qts,· (3) protect and encourage upper story Residential [hes,·
(I) preserve and enhance the architectural and cultural heritage Cfj/llorth Beach,· and (5) preserve the
contributions &/Legacy Businesses to the history and identity of North Beach, there shall be a North
Beach Special Use District applicable to the l'·lorth Beach Neighborhood Commercial District, as
designated on the Sectional J',{ap SUOJ &fthe Zoning lvlap of the City and County of&m Francisco.
(b) Definitions. The following definitions shall apply only to the 1Vorth Beach Special Use
District:
(1) Specialty ,.fi'ood Aefcmufacturing. A Commercial Use that includes the manufacturing and
processing offoods o;q the premises for retail cmd1or ~wholesale sales and also prm>'ides a ct1stomer
service counter for sale of such mamifactured or processed food directly to the consumer. It may haw
seating as a minor and incidental use that occupies less than 15% of the Occupied Floor Area of the
establishment. It includes, bMt is not limited to, bakeries, coffee roasters, confectionaries, chocolatiers,
makers of homemade ice cream and handmade gelato or sorbet. It shall not provide any alcohol sales
fer consurnption on or off'the premises.
(2) Legacy Business. A business as defined under Administrative Code Section 2A.212 and
included in the Legacy Business registry.
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(3) Historic JJ11ild-ings. "Historic buildings" shall include Planning Code Article 10
Landmarks and buildings located within Article 10 Historic Districts, buildings and districts identified
by surveys adopted by the City, buildi,"lgS listed or potentially eligible.for individual lii,ting on the
National or Cal(fornic: Registers, and buildings located within listed or potentially eligible l'·fational
Register or California Register historic districts. The Planning Departnqe1qt shall also consult mati!rifds
available through the California Historical Resources Information System (CHRIS) and Inventory to
determine eligibility.
(c) C0ntr0ls. The following provisions shall apply within such District:
(1) Restaurants, Limited Restauumts, and Bars. Restaurant, Limited Restaura1qt, and Bar
uses may be permitted as a Conditional Use on the First St-ory through tJw procedures set fortJ, in
Section 303 only (fthe Zoning Administratorfirst deterN9ines that the proposed ne=w Restaurant,
Limited Restmirant, or Bar would occupy a space that is currently or WflS last legally occupied by one
of the uses described belmv; provided that its last use has not been discontinued or abandoned
purs1;1ant to Sections 186.1 (d) or 178(d) of this Code and that the proposed ne-w b/Se will not enlarge the
space; andprmidedfiwthcr !hat no Conditional Use shall be required [fthe ctse remains the same as
the prior authorized use, 1,vith no enlargement or intensification of use:
(A) A Bar may occupy a space that is currently or k1st legally occupied by a Bar,·
(B) A Restaurant :·nay occupy ft space that is currently or was last legally occupied by a
Restaurant or Bar; and
(C) A Limited Restmtrant may occupy a space that is currently or was last legally
ocCc1pied by a Limited Restaurant, Restaurant or Bar.
(D) Except as provided herein, no other use shall be allmved to convert to a Limited
Restfturant, Restaurant or Bar.
(2) Alc0h0l Licenses.
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BOARD OF SUPERVISORS
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(A) A Restaurant may provide on site beer, wine, and1or liquor sales for drinking on the
premises (with ABC license types 02, 23, n, n, l9, 59 or 75) as c: Conditional Use on the First Story
if, in addition to the criteria set forth in Section 303, the Plcmning Commissionfinds, based on
information submitted to the Department by the applicant, that the Restaurant is and ·will continue to
operc1te as ct Bona Fide Eating Pl-ace as defined in Section 102. Should a Restaurcmtfilil to operat-e as
a Bona F'ide Eating Place for a1qy length of time, the Conditional Use authorizatio1q shall be subject to
immediate revocation per Planning Code Section 303(!). To verifj,· that the Restaurant is continuing to
operate as a Bona F'ide Eating Place, records of the Restmtrant 's gross receipts or gross sales shall be
provided to the Department upon request. All records and information shall be sub:·nitted to the
Department under penalty of perjury.
(B) A{usic Entertainment Facility. A music e1qtertainment.fcwility with a Type 90 ABC
license shall be pennitted to sen·e alcoholic beverages in this SUD.
(C) Non Profit Theaters. A non profit theater shall be permitted to serve alcoholic
beverages in this SUD. A "non profit theater" shctll mean a building or part ofa building intended to
be used for the specific purposes of presenting any act, play, re,me, pantomime, scene, song, darwe act,
or song and dance act, conducted or participated in by one or more persons, whether or not such
person or persons are compensated for such pe1formance, and which is exemptedfrom payment of·
income tax imder Section 23 701 d of the California Revemtc and Taxation Code and Section 5 01 (c) (3)
of the Internal Revenue Code of the United States. A "non profit theater" shall not include any dance
hall, as defined in Sectio,q 1022.
(3) Storefronts. To preser.·e and maintain the District 's small scale, fine grain storefronts,
(A) the consolidation or merger a/existing retail or commercial spaces or storefronts is prohibited, and
(B) Specialty Groceries shall not exceed a /llon Residential Use Size off, 000 square feet.
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BOARD OF SUPERVISORS
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(I) L0ss r>f Residential Units. To prevent the loss a:fexisting Residential Units within the
district, the removal, dernolitio1q, J'lwrger, or cow;ersion €fjResidential Units above the First Story are
prohibited.
(5) Specialty F00tl Afanufacturing. Within the ,Vorth Beach SUD a Specialty Food
A{anufewtbtring use, as defined in subsection (b) (1), may only be permit1tJd with a Conditional Use
authorization on the Grobtnd Floor or belmv.
(6) Legacy Business. Unless otherwise prohibited by this Section 780. 3, Section 722, or
any other section of this Code, any new l-lon Residential Use proposed where the immediately prior
Commercial Use ',vas a Legacy Bushwss shall require Cor1ditional Use ttblthorization pursuant to
Section 303 ofthis Code.
(7)
I •
I
d (;. I
I u .
I" l\T
I B
I
~
•
IO I
I
£,l
Dl
•
1 rev11tectura anu4ura i4Fltage l?i n0:-t.1eac,1. d!ctwn 11.1 0 i1w ,annmg
Code includes the priority policy that historic bbdldings be presen·ed. The architectural and cultural
character and features &}existing historic buildings shall be preserved and enhanced. The Historic
Preservation Commission or its staff shall review any proposed alterations to historic buildings, as
de.fined in Sbtbsection 780. 3(b)(3), and must detennine that siwh alterations cornply with the Secretary
of Interior's Standards for the Treatnwnt of Historic Properties before the City approves any permits to
alter Sbtch buil-dings.
(8) Additi0nal G0ntr0ls: The followi11g additional controls shall apply in the ,Vorth Beach
Special Use District. (1) A Planned Unit De'✓elopment shall not be pennitted; (2) Large Scale Urban
Agriculture uses shall rwt be permitted; (3) Hours &jOperation shall not bepcrmittedfrom 2 t1.m. to 6
a. m.; (4) Unless otherwise prohibited or limited by this Section 780. 3, Section 722, or any other section
0£this Code, actfoe commercial uses, as defined in Planning Code SectioH 115. 4(c), shall be required
at the Ground Floor; and (5) A Health Service use, as ckfined in Section 102 of this Code, shall be
prohibited on the groundfloor. On the secondjloor and above, a Health Service use shall reqblire
Conditional Use authorization pursuant to Section 303 &f this Code.
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(9) Conditional Use Authof'izations. In addition to the findings required under Section
303 of this Code, for any use or project within the District that is subject to ConditiOJwl Use
authorizatfon under this Section 780.3, Section 722, or any other section ofthis Code, the Planning
Commission shall find that the proposed project supports the purposes af the North Beach SUD set
forth iJq this Section 780. 3.
Section 8. Zoning Map Amendment. Pursuant to Sections 106 and 302( c) of the
Planning Code, the following change is hereby adopted as an amendment to the Zoning Map
of the City and County of San Francisco: Sectional Map SU01 shall delete all reference to the
North Beach Special Use District, Planning Code Section 780.3.
Section 9. On September 2, 2025, the Board of Supervisors finally passed Ordinance
No. 173-25 (Board File No. 250634), which was signed by the Mayor on September 5, 2025,
and became effective 30 days later. Ordinance No. 173-25 amended Planning Code Section
121.2 and the Non-Residential Standards for Use Size in the North Beach Neighborhood
Commercial District, Section 722, and the Polk Street Neighborhood Commercial District,
Section 723. In light of Ordinance No. 173-25 being finally passed and approved, at the
regular meeting of the Land Use and Transportation Committee on October 6, 2025, the
Committee amended this ordinance to reflect the existing law as amended by Ordinance No.
173-25. To clearly understand the proposed amendments to existing law contained in this
ordinance, this ordinance shows in "existing text" font (plain Arial} the law currently in effect
(Planning Code Sections 121.2(a}, 722, and 723, as enacted by Ordinance No. 173-25). The
ordinance shows in "Board amendment" font (double-underlined Arial for additions, and
strikethrough Arial for deletions} the amendments to existing law that the Committee adopted
on October 6, 2025.
Supervisor Sauter
BOARD OF SUPERVISORS
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Ordinance No. 173-25 also amended Planning Code Section 121.2(b) to remove
subsections (1) through (4). In light of Ordinance No. 173-25 being finally passed and
approved, and the more limited amendment to Planning Code Section 121.2(b)(3) proposed in
this ordinance as introduced, at the regular meeting of the Land Use and Transportation
Committee on October 6, 2025, the Committee amended this ordinance to remove the
proposed amendments to Section 121.2(b)(3), such that this ordinance no longer includes that
Section.
Section 10. Effective Date. This ordinance shall become effective 30 days after
enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the
ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board
of Supervisors overrides the Mayor's veto of the ordinance
Section 110. Scope of Ordinance. In enacting this ordinance, the Board of
Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections,
articles, numbers, punctuation marks, charts, diagrams, or any other constituent parts of the
Municipal Code that are explicitly shown in this ordinance as additions, deletions, Board
Ill
Ill
Ill
Ill
amendment additions, and Board amendment deletions in accordance with the "Note" that
appears under the official title of the ordinance.
APPROVED AS TO FORM:
Supervisor Sauter
BOARD OF SUPERVISORS
Page 28
DAVID CHIU, City Attorney
By:
/s/ BRIAN CROSSMAN
BRIAN CROSSMAN
Deputy City Attorney
n:\legana\as2025\2500351 \01873725.docx
Supervisor Sauter
BOARD OF SUPERVISORS
Page 29
City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
250682
Date Passed: November 04, 2025
Ordinance amending the Planning Code to: 1) eliminate the North Beach Special Use District and
consolidate certain controls into the North Beach Neighborhood Commercial District, expand allowable
uses and increase use size limits in the North Beach Neighborhood Commercial District, 2) expand
allowable uses and increase use size limits in the Polk Street Neighborhood Commercial District, 3)
expand allowable uses in the Pacific Avenue Neighborhood Commercial District, 4) expand allowable
uses and increase use size limits in the Nob Hill Special Use District, and 5) reduce limitations on
Restaurants and Bars in the Jackson Square Special Use District; amending the Zoning Map to reflect
removal of the North Beach Special Use District; affirming the Planning Department's' determination
under the California Environmental Quality Act; making findings of consistency with the General Plan,
and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity,
convenience, and welfare under Planning Code, Section 302.
October 06, 2025 Land Use and Transportation Committee -AMENDED, AN AMENDMENT
OF THE WHOLE BEARING SAME TITLE
October 06, 2025 Land Use and Transportation Committee - CONTINUED AS AMENDED
October 27, 2025 Land Use and Transportation Committee - AMENDED, AN AMENDMENT
OF THE WHOLE BEARING SAME TITLE
October 27, 2025 Land Use and Transportation Committee - REFERRED WITHOUT
RECOMMENDATION AS AMENDED AS A COMMITTEE REPORT
October 28, 2025 Board of Supervisors - PASSED ON FIRST READING
Ayes: 8 - Chen, Dorsey, Fielder, Mahmood, Mandelman, Melgar, Sauter and Sherrill
Noes: 2 - Chan and Walton
November 04, 2025 Board of Supervisors - Fl NALLY PASSED
City a11d Co1111ty of Sa11 Fra11cisco
Ayes: 8 - Chen, Dorsey, Fielder, Mahmood, Mandelman, Melgar, Sauter and Sherrill
Noes: 2 - Chan and Walton
Page I
Printed at 8:22 am 011 I 1/5125
File No. 250682
City and County of San Francisco
Daniel Lurie
Mayor
Page2
I hereby certify that the foregoing
Ordinance was Fl NALLY PASSED on
11/4/2025 by the Board of Supervisors of the
City and County of San Francisco.
Angela Calvillo
Clerk of the Board
Date Approved
Printed at 8:22 am 011 11/5/25
