11.
FILE NO. 170418
AMENDED IN BOARD
10/17/2017
ORDINANCE NO. 205-17
[Planning Code - Commercial Uses in Polk Street and Pacific Avenue Neighborhood
Commercial Districts; Technical and Other Amendments]
Ordinance amending the Planning Code to 1) limit lot sizes in the Pacific Avenue
Neighborhood Commer~ial District ("Pacific NCO") and the Polk Street Neighborhood
Commercial District ("Polk NCO"); 2) limit the size of Non-Residential Uses in the
Pacific NCO and Polk NCO, and exempting movie theaters in the Polk NCO from certain
size limits; 3) restrict lot mergers in the Pacific NCO and Polk NCO; 4) require ground
floor Commercial Uses in the Polk NCO and on certain portions of Pacific Avenue; 5)
modify residential and non-residential off-street parking requirements in the Pacific
1 O
NCO and Polk NCO; 6) prohibit garage entries, driveways, or other vehicular access to
off-street parking or loading on certain streets and alleys in the Pacific NCO and Polk
NCO; 7) deem nonconforming uses in the Polk NCO to be discontinued after 18 months
of non-use; 8) modify the maximum concentration of Eating and Drinking Uses in the
Polk NCO; 9) prohibit massage establishment, chair/foot massage, and kennel uses in
the Polk Street NCO; 10) restrict medical services in the Polk NCO and Pacific NCO; 11)
prohibit storefront mergers in the Polk NCO; 12) require a dwelling unit mix in the
Pacific NCO and Polk NCO; 13) prohibit the loss of residential units through demolition,
merger, or conversion and allow division if it meets a dwelling unit mix requirement in
the Polk NCO and Pacific NCO; 14) require Conditional Use authorization before
replacing a legacy business in the Polk NCO and Pacific NCO; 15) correct,,clarify, and
simplify language in other Planning Code Sections; affirming the Planning
Department's determination under the California Environmental Quality Act; and
making findings of consistency with the General Plan, and the eight priority policies of
Planning Code, Section 101.1, and findings of public convenience, necessity, and
welfare under Planning Code, Section 302.
Supervisor Peskin
BOARD OF SUPERVISORS
Page 1
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 it€f:lics Times 1'kw 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. Findings.
(a) The Planning Department has determined that the actions contemplated in this
ordinance are categorically exempt from environmental review under Sections 15060(c) and
15378 of the California Environmental Quality Act (California Public Resources Code Sections
21000 et seq.). Said determination is on file with the Clerk of the Board of Supervisors in File
No. 1700418 and is incorporated herein by reference. The Board affirms this determination.
(b) On July 13, 2017, the Planning Commission, in Resolution No. 19959, 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. 1700418, and is incorporated herein by reference.
(c) On July 13, 2017, the Planning Commission, in Resolution No. 19959, approved
this legislation, recommended it for adoption by the Board of Supervisors, and adopted
findings that it will serve the public necessity, convenience, and welfare. Pursuant to Planning
Code Section 302, 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. 1700418, and is incorporated by
reference herein.
Supervisor Peskin
BOARD OF SUPERVISORS
Page
Section 2. This section is uncodified. The provisions of this ordinance shall not apply to
a project that has received all approvals required under Planning Code Section 305 from the
Planning Department by or before December 31. 2017 and the approvals are final. For this
purnose. "final" means an approval action under Section 305 that has been completed by the
Department and has not been appealed to the Board of Appeals within the appeal period
established by Section 8 of the Business and Tax Regulations Code.
Section ~ ~. The Planning Code is hereby amended by revising Sections 121.1, 121.2,
121.7, and 145.4, to read as follows:
SEC. 121.1. DEVELOPMENT OF LARGE LOTS, NEIGHBORHOOD COMMERCIAL
DISTRICTS.
(a)
Purpose. In order to promote, protect, and maintain a scale of development
which is appropriate to each district and compatible with adjacent buildings, new construction
or significant enlargement of existing buildings on lots of the same size or larger than the
square footage stated in the table below shall be permitted only as Conditional Uses.
District
Pacific Avenue
Polk Street
NC-1, NCT-1
24th Street-Mission
24th Street-Noe Valley
Broadway
Castro Street
Supervisor Peskin
BOARD OF SUPERVISORS
Lot Size Limits
2,500 sq. ft.
5,000 sq. ft.
Page
Glen Park
Haight Street
Inner Clement Street
Inner Sunset
Irving Street
Judah Street
Noriega Street
North Beach
Outer Clement Street
Sacramento Street
ITaraval Street
Union Street
Upper Fillmore Street
West Portal Avenue
NC-2, NCT-2
NC-3, NCT-3
Divisadero Street
Excelsior Outer Mission Street
Fillmore Street
10,000 sq. ft.
Folsom Street
Hayes-Gough
Japantown
Mission Street
Ocean Avenue
Supervisor Peskin
BOARD OF SUPERVISORS
Page
T>-~ •f'
A.
~
":./
..............
...... 1
T> ~ 11- n,
~ ~,.
~···
..
Regional Commercial District
So Ma
Upper Market Street
~alencia Street
NC-S
Not Applicable
* * * *
SEC.121.2. NON-RESIDENTIAL USE SIZE LIMITS IN NEIGHBORHOOD COMMERCIAL
AND NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICTS.
* * * *
(b)
In order to protect and maintain a scale of development appropriate to each
district, Non- Residential Uses that exceed the square footage stated in the table below shall
not be permitted, except in the following circumstances:
(1)
In the Castro Street Neighborhood Commercial District, a Child Care
Facility, School, Post-Secondary Educational Institution, Religious Institution, Social Service
or Philanthropic Facility, Community Facility, or a Residential Care Facility as defined in
Section 102 of this Code that is operated by a non-profit and is neighborhood-serving may
exceed this Subsection 121.2(b) with Conditional Use authorization.
(2)
In the Regional Commercial District, Schools and Childcare Facilities as
defined in Section 102 may exceed this Subsection 121.2(b) with Conditional Use
authorization.
(3)
In the Polk Street Neighborhood Commercial District, this subsection 121.2(b)
shall not applv to a Movie Theater use as defined in Section 102 ofthis Code.
Supervisor Peskin
BOARD OF SUPERVISORS
Page 5
The use area shall be measured as the Gross Floor Area for each individual Non=
Residential use.
District
VVestPortalAvenue
North Beach
Castro Street
Polk Street
Paci"fl.c Avenue
Regional Commercial District
Use Size Limits
4,000 sq. ft.
25,000 square feet
SEC. 121.7. RESTRICTION OF LOT MERGERS IN CERTAIN DISTRICTS AND ON
PEDESTRIAN-ORIENTED STREETS.
In order to promote, protect, and maintain a fine-grain scale of development in
residential districts and on important pedestrian-oriented commercial streets which is
appropriate to each district, compatible with adjacent buildings; provide for a diverse
streetscape; ensure the maintenance and creation of multiple unique buildings and building
frontages rather than large single structures superficially treated; promote diversity and
multiplicity of land ownership and discourage consolidation of property under single
ownership, merger of lots is regulated as follows:
(a)
In RTO Districts, merger of lots creating a lot greater than 5,000 square feet
shall not be permitted except according to the procedures and criteria in subsections (d) and
(e) below.
(b)
In those NCT, NC and Mixed Use Districts listed below, merger of lots resulting
in a lot with a single street frontage greater than that stated in the table below on the specified
Supervisor Peskin
BOARD OF SUPERVISORS
Page 6
streets or in the specified Districts is prohibited except according to the procedures and
criteria in subsections (c) and (d) below.
Street or District
Lot Frontage Limit
Hayes, from Franklin to Laguna
50 feet
RED and RED-MX
50 feet
Church Street, from Duboce to 16th Street
100 feet
Divisadero Street NCT except for the east and west blocks between
Oak and Fell, Fillmore Street NCT, Folsom Street NCT, RCD, WMUG, 100 feet
WMUO, and SALi
Market, from Octavia to Noe
150 feet
Ocean Avenue in the Ocean Avenue NCT
See subsection (e)
Inner and Outer Clement NCDs
50 feet
North Beach NCO and SUD, and Telegraph Hill-North Beach
25 feet*
Residential SUD, Polk Street NCD, and Pacifj_c Avenue NCD*
NC-2 districts on Balboa Street between 2nd Avenue and 8th Avenue, 50 feet
and between 32nd Avenue and 38th Avenue
* For lots that do not have street frontage, the merger would not result in a lot with a width
greater than 25 feet.
* * * *
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.
* * * *
(25) Post Street, between Fillmore Street and Laguna Street on the south side and
between Webster Street and Lagun~ Street on the north side; and
(26) Divisadero Street for the entirety of the Divisadero Street NCT District,:,:-
Supervisor Peskin
BOARD OF SUPERVISORS
Page
(27) The entirety of the North Beach Neighborhood Commercial District and North
Beach Special Use District,:.:-
(28) Any street frontage that is in the Polk Street Neighborhood Commercial District,· and,
(29) Pacific Avenue, between Van Ness Avenue and Jones Street, on lots where the last
known ground floor use was a commercial or retail use.
(c) Definitions.
"Active commercial uses" shall include those uses specifically identified below in
Table 145.4, and:
(1) 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;
(2) Shall include Public Facilities as defined in Section 102 and e Public Uses as
defined in Section 890.80, except for Utility Installations; and
(3) Shall not include Residential Care Facilities as defined in Sections 102 and
890.50.
* * * *
Section~ J. The Planning Code is hereby amended by revising Sections 151, 151.1,
and 155, to read as follows:
SEC.151. SCHEDULE OF REQUIRED OFF-STREET PARKING SPACES.
(a) Applicability. Off-street parking spaces shall be provided in the minimum
quantities specified in Table 151, except as otherwise provided in Section 151.1 and Section
161 of this Code. Where the building or lot contains uses in more than one of the categories
listed, parking requirements shall be calculated in the manner provided in Section 153 of this
Supervisor Peskin
BOARD OF SUPERVISORS
Page 8
Code. Where off-street parking is provided which exceeds certain amounts in relation to the
quantities specified in Table 151, as set forth in subsection (c), such parking shall be
classified not as accessory parking but as either a p£rincipal or a Conditional Use, depending
upon the use provisions applicable to the district in which the parking is located. In
considering an application for a Conditional Use for any such parking, due to the amount
being provided, the Planning Commission shall consider the criteria set forth in Section 303(t)
or 303(u) of this Code. Minimum off-street parking requirements shall be reduced, to the
extent needed, when such reduction is part of a Development Project's compliance with the
Transportation Demand Management Program set forth in Section 169 of the Planning this
Code.
(b) Minimum Parking Required.
Table 151
OFF-STREET PARKING SPACES REQUIRED
Use or Activity
Number of Off-Street Parking Spaces
Required
Dwelling, except as specified below, and
One for each Dwelling Unit.
except in the Bernal Heights Special Use
District as provided in Section 242
Dwelling, in the Telegraph Hill - North Beach
None required. Pup to three cars 0.5 parking
Residential Special Use District
spaces for each.four Dwelling Units, subject to
the controls and procedures o[_Section 249. 49Cc2
and Section 155(0; Cup to one car for each
Dwelling r;Jnit, -subject to the criteria and
procedures ofSection 303(u),· NP above
~receding ratio.
Dwelling, in the Polk Street Neighborhood
None required. Pup to 0.5 cars (gr each
Commercial District
Dwelling Unit,· NP above preceding ratio.
Dwelling, in the Padfi.c Avenue Neighborhood
None required. Pup to 0.5 cars (gr each
Commercial District
Dwelling Unit,· C up to one car (gr each
Dwelling Unit; NP above preceding ratios.
* * * *
* * * *
Supervisor Peskin
BOARD OF SUPERVISORS
Page9
* * * *
SEC. 151.1. SCHEDULE OF PERMITTED OFF-STREET PARKING SPACES IN
SPECIFIED DISTRICTS.
(a) Applicability. This Section 151.1 shall apply only to NCT, RC, RCD, RTO, Mixed
Use, M-1, PDR-1-D, PDR-1-G, and C-3 Districts, and to the Broadway, Excelsior Outer
Mission Street, Japantown, and North Beach, Polk. and Pacific Neighborhood Commercial
Districts.
* * * *
SEC. 155. GENERAL STANDARDS AS TO LOCATION AND ARRANGEMENT OF OFF-
STREET PARKING, FREIGHT LOADING AND SERVICE VEHICLE FACILITIES.
Required off-street parking and freight loading facilities shall meet the following
standards as to location and arrangement. In addition, facilities which are not required but are
actually provided shall meet the following standards unless such standards are stated to be
applicable solely to required facilities. In application of the standards of this Code for off-street
parking and loading, reference may be made to provisions of other portions of the Municipal
Code concerning off-street parking and loading facilities, and to standards of the Better
Streets Plan and the Bureau of Engineering of the Department of Public Works. Final authority
for the application of such standards under this Code, and for adoption of regulations and
interpretations in furtherance of the stated provisions of this Code shall, however, rest with the
Planning Department.
* * * *
(r)
Protected Pedestrian-, Cycling-, and Transit-Oriented Street Frontages. In
order to preserve the pedestrian character of certain downtown and neighborhood commercial
districts and to minimize delays to transit service, regulation of garage entries, driveways or
other vehicular access to off-street parking or loading (except for the creation of new publicly-
Supervisor Peskin
BOARD OF SUPERVISORS
Page
accessible Streets and Alleys) shall be regulated on development lots shall be as follows on the
following street frontages:
(1) Folsom Street, from Essex Street to the Embarcadero, not permitted except
as set forth in Section 827.
(2)
* * * *
* * * *
Not permitted:
(GG) Polk Street between Filbert Street and Golden Gate Avenue,
(HH) California Street between Van Ness Avenue and Hyde Street,
an Hyde Street between California Street and Pine Street,
{JJ) Broadway between Van Ness Avenue and Larkin Street,
(KKJ Bush Street between Van Ness Avenue and Larkin Street, and
(LL) Pine Street between Van Ness Avenue and Larkin Street.
(:5 4)
Parking and Loading Access.
* * * *
Section§ 4. The Planning Code is hereby amended by revising Section 186.1, to read
as follows:
SEC.186.1. EXEMPTION OF NONCONFORMING USES IN NEIGHBORHOOD
COMMERCIAL DISTRICTS.
* * * *
(d) Discontinuance. A nonconforming use that is discontinued for a period of three
years, or otherwise abandoned or changed to another use that is listed in Article 7 of this
Code as a pfrincipal or eConditional uUse for the district in which the use is located shall not
be reestablished, except./ffl' in the following instances:
Supervisor Peskin
BOARD OF SUPERVISORS
Page 11
(1)
In the North Beach, Polk Street, Castro Street, and Haight Street
Neighborhood Commercial Districts the period of non-use for a nonconforming use to be
deemed discontinued shall be 18 months.
* * * *
Section§, a. The Planning Code is hereby amended by revising Sections 207.6 and
207.8, to read as follows:
SEC. 207.6. REQUIRED MINIMUM DWELLING UNIT MIX IN RTO, RCD, NCT, DTR, AND
EASTERN NEIGHBORHOODS MIXED USE DISTRICTS, THE POLK STREET AND PACIFIC
AVENUE NEIGHBORHOOD COMMERCIAL DISTRICTS.
(a) Purpose. In order to foster flexible and creative infill development while
maintaining the character of the district, dwelling unit density is not controlled by lot area in
RTO, NCT, and Eastern Neighborhoods Mixed Use Districts but rather by the physical
constraints of this Code (such as height, bulk, setbacks, open space, and dwelling unit
exposure). However, to ensure an adequate supply of family-sized units in existing and new
housing stock, new residential construction must include a minimum percentage of units of at
least two bedrooms. In the Pacific Avenue and Polk Street Neighborhood Commercial Districts. a
dwelling unit mix requirement addresses the need for familv-sized housing production in these districts.
(b) Applicability.
(1) This Section shall apply in the RTO, RCD, NCT, DTR, and Eastern
Neighborhoods Mixed Use Districts. and the Pacific Avenue and Polk Street NCDs.
* * * *
(c) Controls. For all RTO, RCD and NCT districts, as well as DTR,, and Eastern
Neighborhoods Mixed Use Districts and the Pacific Avenue and Polk Street NCDs, one of the
following three must apply;_:'-
Supervisor Peskin
BOARD OF SUPERVISORS
Page 12
(1) no less than 40% of the total number of proposed Dwelling Units shall contain
at least two bedrooms. Any fraction resulting from this calculation shall be rounded to the
nearest whole number of Dwelling Units, or
(2) no less than 30% of the total number of proposed Dwelling Units shall contain
at least three bedrooms. Any fraction resulting from this calculation shall be rounded to the
nearest whole number of Dwelling Units, or
(3) no less than 35% of the total number of proposed Dwelling Units shall contain
at least two or three bedrooms with at least 10% of the total number of proposed Dwelling
Units containing three bedrooms. Anv fraction resulting from this calculation shall be rounded to
the nearest whole number of Dwelling Units.
(d) Modifications.
( 1) In NCT, RCD,_ end RTO and the Pacific Avenue and Polk Street NC Districts, these
requirements may be waived or modified with Conditional Use Authorization. In addition to
those conditions set forth in Section 303, the Planning Commission shall consider the
following criteria:
(A) The project demonstrates a need or mission to serve unique populations,
or
(B) The project site or existing building(s), if any, feature physical constraints
that make it unreasonable to fulfill these requirements.
* * * *
(e) Monitoring. The Department shall monitor projects that choose Option (2. E) or (1
G) in subsection (c)(:2f above and shall include that data in the annual Housing Inventory
starting in 2019.
SEC. 207.8. DIVISION OF DWELLING UNITS IN THE RTO, POLK STREET NCD, PACIFIC
AVENUE NCD, UPPER AfARKET1VCD, AND NCT DISTRICTS.
Supervisor Peskin
BOARD OF SUPERVISORS
Page 13
In order to ensure an adequate supply of family-sized units in existing and new housing
stock, the subdivision of existing units is restricted. The division of any existing dDwelling
uUnit into two or more units in RTO, Polk Street NCD, Pacific Avenue NCD Upper },farkct }!CD,
and NCT districts shall be permitted only if it meets both of the following conditions:
(a)
The existing unit exceeds 2,000 occupied square feet or contains more than 3
bedrooms; and
(b)
At least one of the resulting units is no less than 2 bedrooms and 1,250 square
feet in size.
1 O
Section z e. The Planning Code is hereby amended by revising Section 303, to read
as follows:
SEC. 303. CONDITIONAL USES.
(a) General. The Planning Commission shall hear and make determinations
regarding applications for the authorization of Conditional Uses in the specific situations in
which such authorization is provided for elsewhere in this Code. The procedures for
Conditional Uses shall be as specified in this Section 303 and in Sections 306 through 306.6,
except that Planned Unit Developments shall in addition be subject to Section 304, Hospitals
and Post-Secondary Educational Institutions shall in addition be subject to the Institutional
Master Plan requirements of Section 304.5.
* * * *
(f) Conditional Use Abatement. The Planning Commission may consider the
possible revocation of a Conditional Use or the possible modification of or placement of
additional conditions on a Conditional Use when the Planning Commission determines, based
upon substantial evidence, that the applicant for the Conditional Use had submitted false or
misleading information in the application process that could have reasonably had a substantial
Supervisor Peskin
BOARD OF SUPERVISORS
Page 14
effect upon the decision of the Commission or the Conditional Use is not in compliance with a
eCondition of a4_pproval, is in violation of law if the violation is within the subject matter
jurisdiction of the Planning Commission, or operates in such a manner as to create
hazardous, noxious,_ or offensive conditions enumerated in Section 202(c) if the violation is
within the subject matter jurisdiction of the Planning Commission and these circumstances
have not been abated through administrative action of the Director, the Zoning Administrator
or other City authority. Such consideration shall be the subject of a public hearing before the
Planning Commission but no fee shall be required of the applicant or the subject Conditional
Use operator.
* * * *
(o) Eating and Drinking Uses. With regard to a Conditional Use authorization
application for a Restaurant, Limited-Restaurant and Bar uses the Planning Commission shall
consider, in addition to the criteria set forth in S~ubsection (c) above, the existing
concentration of eating and drinking uses in the area. Such concentration should not exceed
25% percent of the total commercial frontage as measured in linear feet within the immediate
area of the subject site except as otherwise provided in this subsection (o). The concentration of
eating and drinking uses in the Polk Street Neighborhood Commercial District shall not exceed 35% of
the total commercial frontage as measured in linear feet within the immediate area o[the subject site.
For the purposes of this Section 303 of the Code, the immediate area shall be defined as all
properties located within 300' of the subject property and also located within the same zoning
district.
* * * *
Section ll +. The Planning Code is hereby amended by revising Sections 723 and 726,
to read as follows:
Supervisor Peskin
BOARD OF SUPERVISORS
Page 15
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 Hvde 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 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 whieh that is compatible with the surrounding neighborhood. The
building standards monitor 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 fEirst two stories Story. The controls encourage neighborhood-
serving businesses, but limit new eating, drinking, other entertainment, and financial service
uses, which can produce parking congestion, noise,_ and other nuisances or displace other
Supervisor Peskin
BOARD OF SUPERVISORS
Page 16
types of local-serving convenience goods and services. 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 second First sStory,
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. Existing housing units are protected by limitetions prohibitions on demolitions and
1 O
upper-story conversions. Accessory dDwelling uUnits are permitted within the district pursuant
to Subsection 207(c)(4) of this Code.
(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,·
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.
(3) Merger o[Store(ronts 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 prohibited.
(4) Loss of Residential Units. To prevent the loss of existing Residential Units, the
removal, demolition, merger, or conversion of Residential Units above the First Story are prohibited
even ifsuch loss o{Residential Units would otherwise be allowed pursuant to Section 317 ofthis Code.
Supervisor Peskin
BOARD OF SUPERVISORS
Page 1
Table 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT
ZONING CONTROL TABLE
* * * *
Lot Size (Per Development)
Usable Open
Space [Per
Dwelling Unit]
Off-Street Parking
Requirements
§§ 135, 136
§§ 145.1,
150, 151, 153
-156, 159 -
161, 166,
204.5
Dwelling Unit Mix
§ 207.6
Single Room
Occupancy
Student Housing
Supervisor Peskin
BOARD OF SUPERVISORS
§ 102
§ 102
Polk Street NCO
* * * *
* * * *
§§ 102, 121.1
P up to .g,.ggg. 2,499 square feet; C
10,000 2,500 square feet and above
60 square feet per unit if private, or 80 square feet
per unit if common
A minimum a.lone car parking space for every Dwelling
Unit required. Certain exccptionspermittedper § 161. No
car parking required. 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.
Not required 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.
p
p
Page 18
Residential Uses
§ 102
p
p
p
* * * *
* * * *
* * * *
Loss and Division of Dwelling Units
Residential
§ 317
GNP
GNP
NP
Conversion
Residential
Demolition and
§ 317
GNP
GNP
GNP
Merger
Division o[_Dwelling
Division o[_existing Dwelling Units P 72er §_207. 8.
Units
§_ 207.8
* * * *
Use Size
* * * *
Retail Sales and Service Uses*
* * * *
Kennel
* * * *
Supervisor Peskin
BOARD OF SUPERVISORS
* * * *
§§102,
121.2
* * * *
§§102,
202.2(a),
202.3
* * * *
§102
* * * *
Controls
* * * *
Pup to ±;4I)g. J,999 square feet; C ~
2,000 square feet and above
* * * *
p
p
NP
* * * *
* * * *
* * * *
GNP
NP
NP
* * * *
* * * *
* * * *
Page 19
Massage Establishment
§102
GNP
NP
NP
Massage, Foot/Chair
§102
P. NP
NP
NP
* * * *
* * * *
* * * *
* * * *
* * * *
Services, Health
§102
NP
c
c
* * * *
* * * *
* * * *
* * * *
* * * *
Trade Sho]2_
§102
p
c
NP
* * * *
* * * *
* * * *
* * * *
* * * *
*Not listed below.
* * * *
{]) 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 occu]2_ant and has not been open to the public {Or three or more years tram the date
the application tor the new use is filed. or (B) where the Legacy Business has removed itself or has
been otherwise removed tram the Legacy Business Registry.
SEC. 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT.
(a) Background. The Pacific Avenue Neighborhood Commercial District, on Pacific
Avenue from just east of Polk Street to all four corners of Pacific Avenue and Jones Street, is
situated on the north slope of the Nob Hill neighborhood and south of the Broadway Tunnel.
Pacific Avenue is a multi-purpose, small-scale mixed-use neighborhood shopping district on a
narrow street that provides limited convenience goods to the adjacent neighborhoods.
{b) Controls.
(1) Purposes. The Pacific Avenue Neighborhood Commercial District controls
are designed to promote a small, neighborhood serving mixed-use commercial street that
preserves the surrounding neighborhood residential character. These controls are intended to
preserve livability in a largely low-rise development residential neighborhood, enhance solar
Supervisor Peskin
BOARD OF SUPERVISORS
Page 20
access on a narrow street right-of-way,_ and protect residential rear yard patterns at the
ground floor. Accessory dwelling units are permitted within the district pursuant to ~Subsection
207(c)(4) of this Code.
(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,·
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.
(3) Loss o(Residential Units. To prevent the loss of existing Residential Units, the
removal, demolition, merger. or conversion o[Residential Units above the First Story are prohibited
even ifsuch loss o[Residential Units would otherwise be allowed pursuant to Section 317 of this Code.
Table 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT
ZONING CONTROL TABLE
Lot Size (Per Development)
* * * *
Usable Open Space
[Per Dwelling Unit]
Supervisor Peskin
BOARD OF SUPERVISORS
§§ 135, 136
§§ 102, 121.1
* * * *
Pacific Avenue NCO
Pup to M!).!) 2.499 square feet; C
10,000 2,500 square feet and above
* * * *
100 square feet per unit if private, or 133 square
feet per unit if common
Page
Off-Street Parking
Requirements
Dwelling Unit Mix
Single Room
Occupancy
Student Housing
Residential
Conversion
Residential Demolition
Residential Merger
Division o[Dwelling
Units
Supervisor Peskin
BOARD OF SUPERVISORS
§§ 145.1, 150,
151 ' 153 - 156'
159 -161, 166,
204.5
§ 207.6
§ 102
§ 102
§
§ 317
§ 317
§ 207.8
A minimum a/one car parking space for ef'ery
D.i,·elling Unit required. Certain exceptions permitted
per§ 161. No car parking required. 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.
}lot required No less than 40% o[the total number of
proposed Dwelling Units shall contain at least two
bedrooms; or no less than 30% o[the total number of
proposed Dwelling Units shall contain at least three
bedrooms.
p
p
G
NP
NP
NP
GNP
NP
NP
GNP
GNP
GNP
Division o[existing Dwelling Units P per §207.8.
Page 22
* * *
*
Use
Size
* * *
*
* * * *
§ 102,
121.2
* * * *
Services, Health
* * * *
Pup to 1,999 square feet; C 2,000 square feet and above
* * * *
* * * *
**** **** ****
c
NP
* * * *
**** **** ****
(6) 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 f'rom the date
the application for the new use is filed, or {B) where the Legacy Business has removed itself or has
been otherwise removed ftom the Legacy Business Registry.
Section ~ 8. 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.
Supervisor Peskin
BOARD OF SUPERVISORS
Page
Section 1Q 9. Scope of Ordinance. In enacting this ordinance, the Board of
Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections,
articles, numbers, punctuation marks, charts, diagrams, or any other constituent parts of the
Municipal Code that are explicitly shown in this ordinance as additions, deletions, Board
amendment additions, and Board amendment deletions in accordance with the "Note" that
appears under the official title of the ordinance.
Section 11 4-G. Severability. If any section, subsection, sentence, clause, phrase, or
word of this ordinance, or any application thereof to any person or circumstance, is held to be
invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions or applications of the ordinance. The
Board of Supervisors hereby declares that it would have passed this ordinance and each and
every section, subsection, sentence, clause, phrase, and word not declared invalid or
unconstitutional without regard to whether any other portion of this ordinance or application
thereof would be subsequently declared invalid or unconstitutional.
APPROVED AS TO FORM:
DENNIS(~. HERRERA, City Attorney
By:
n:\legana\as2017\ 1700533\01226805.docx
Supervisor Peskin
BOARD OF SUPERVISORS
Page 24
City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
170418
Date Passed: October 24, 2017
Ordinance amending the Planning Code to 1) limit lot sizes in the Pacific Avenue Neighborhood
Commercial District ("Pacific NCO") and the Polk Street Neighborhood Commercial District ("Polk
NCO"); 2) limit the size of Non-Residential Uses in the Pacific NCO and Polk NCO, and exempting
movie theaters in the Polk NCO from certain size limits; 3) restrict lot mergers in the Pacific NCO and
Polk NCO; 4) require ground floor Commercial Uses in the Polk NCO and on certain portions of
Pacific Avenue; 5) modify residential and non-residential off-street parking requirements in the
Pacific NCO and Polk NCO; 6) prohibit garage entries, driveways, or other vehicular access to
off-street parking or loading on certain streets and alleys in the Pacific NCO and Polk NCO; 7) deem
nonconforming uses in the Polk NCO to be discontinued after 18 months of non-use; 8) modify the
maximum concentration of Eating and Drinking Uses in the Polk NCO; 9) prohibit massage
establishment, chair/foot massage, and kennel uses in the Polk Street NCO; 10) restrict medical
services in the Polk NCO and Pacific NCO; 11) prohibit storefront mergers in the Polk NCO; 12)
require a dwelling unit mix in the Pacific NCO and Polk NCO; 13) prohibit the loss of residential units
through demolition, merger, or conversion and allow division if it meets a dwelling unit mix
requirement in the Polk NCO and Pacific NCO; 14) require Conditional Use authorization before
replacing a legacy business in the Polk NCO and Pacific NCO; 15) correct, clarify, and simplify
language in other Planning Code Sections; affirming the Planning Department's determination under
the California Environmental Quality Act; and making findings of consistency with the General Plan,
and the eight priority policies of Planning Code, Section 101.1, and findings of public convenience,
necessity, and welfare under Planning Code, Section 302.
October 02, 2017 Land Use and Transportation Committee - RECOMMENDED
October 17, 2017 Board of Supervisors -AMENDED, AN AMENDMENT OF THE WHOLE
BEARING SAME TITLE
Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy,
Tang and Yee
October 17, 2017 Board of Supervisors - PASSED ON FIRST READING AS AMENDED
Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy,
Tang and Yee
October 24, 2017 Board of Supervisors - FINALLY PASSED
City and County of San Francisco
Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy,
Tang and Yee
Pagel
Printed at 2:07 pm on 10125117
File No. 170418
May~fr
I
City and County of San Francisco
Page2
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
10/24/2017 by the Board of Supervisors of
the City and County of San Francisco.
Date Approved
Printed at 2:07 pm on 10125117
