FILE NO. 201326
ORDINANCE NO. 54-21
Mayor Breed; Supervisors Peskin, Safai, Chan
BOARD OF SUPERVISORS
Page 1
[Planning Code - Chinatown Mixed Use Districts]
Ordinance amending the Planning Code to prohibit retail workspace in Chinatown
Mixed-Use Districts; 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 and convenience 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 New 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
Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of
Supervisors in File No. 201326 and is incorporated herein by reference. The Board affirms
this determination.
(b) On February 18, 2021, the Planning Commission, in Resolution No. 20854,
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
Mayor Breed; Supervisors Peskin, Safai, Chan
BOARD OF SUPERVISORS
Page 2
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. 201326, and is incorporated herein by reference.
(c) Pursuant to Planning Code Section 302, this Board finds that this Planning Code
amendment will serve the public necessity, convenience, and welfare for the reasons set forth
in Planning Commission Resolution No. 201326, and the Board adopts such reasons as its
own. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File No.
201326 and is incorporated herein by reference.
Section 2. Article 8 of the Planning Code is hereby amended by revising Sections 810,
811, and 812, to read as follows:
SEC. 810. CHINATOWN COMMUNITY BUSINESS DISTRICT.
The Chinatown Community Business District, located in the northeast quadrant of San
Francisco, extends along Broadway from the eastern portal of the Broadway Tunnel to
Columbus Avenue and along Kearny Street from Columbus to Sacramento Street. This district
also includes portions of Commercial Street between Montgomery Street and Grant Avenue
and portions of Grant Avenue between Bush and California Streets. It is part of the larger core
area of Chinatown.
The portions of Broadway, Kearny, and Commercial Streets and Grant Avenue in this
district are transitional edges or entries to Chinatown. North and east of the two blocks of
Broadway contained in this district are North Beach and the Broadway Entertainment Districts.
Kearny and Columbus Streets are close to intensive office development in the Downtown
Financial District. Both Grant Avenue and Commercial Street provide important pedestrian
entries to Chinatown. Generally, this district has more potential for added retail and
commercial development than other parts of Chinatown.
Mayor Breed; Supervisors Peskin, Safai, Chan
BOARD OF SUPERVISORS
Page 3
This zoning district is intended to protect existing housing, encourage new housing,
and accommodate modest expansion of Chinatown business activities as well as street-level
retail uses. The size of individual professional or business office use is limited in order to
prevent these areas from being used to accommodate larger office uses spilling over from the
financial district.
Housing development in new buildings is encouraged at upper stories. Existing housing
is protected by limitations on demolitions and upper-story conversions. Accessory dwelling
units are permitted within the district pursuant to Subsection 207(c)(4) of this Code.
Table 810
CHINATOWN COMMUNITY BUSINESS DISTRICT ZONING CONTROL TABLE
* * * *
NON-RESIDENTIAL USES
§ References
Controls by Story
1st
2nd
3rd+
Sales and Service Use Category
Retail Sales and Service
Uses*
P
P
P
* * * *
Restaurant
§102
C (1)(3)
C (1)(3)
C (1)(3)
Retail Workspace
§102
NP
NP
NP
* * * *
* Not listed below
Mayor Breed; Supervisors Peskin, Safai, Chan
BOARD OF SUPERVISORS
Page 4
(1) C for Use Size is not required for Restaurants larger than 5000 sq. ft., but C to
establish the Use is required as indicated.
* * * *
(3) Formula Retail Restaurants and Limited Restaurants are NP in all Chinatown
MUDs.
SEC. 811. CHINATOWN VISITOR RETAIL DISTRICT.
The Chinatown Visitor Retail Neighborhood Commercial District extends along Grant
Avenue between California and Jackson Streets. This district contains a concentration of
shopping bazaars, art goods stores, and restaurants, which attract visitors and shoppers and
contribute to the City's visual and economic diversity. Grant Avenue provides an important link
between Downtown retail shopping and the Broadway, North Beach, and Fisherman's Wharf
areas.
This district is intended to preserve the street's present character and scale and to
accommodate uses primarily appealing to visitors (e.g. tourist gifts shops, jewelry stores, art
goods, large restaurants). In order to promote continuous retail frontage, entertainment,
financial services, medical service, automotive, and drive-up uses are restricted. Most
commercial uses, except financial services, are permitted on the first two stories.
Administrative services, (those not serving the public) are prohibited in order to prevent
encroachment from downtown office uses. There are also special controls on restaurants and
tourist hotels. Building standards protect and complement the existing small-scale
development and the historic character of the area.
The height limit applicable to the district will accommodate two floors of housing or
institutional use above two floors of retail use. Existing residential units are protected by
Mayor Breed; Supervisors Peskin, Safai, Chan
BOARD OF SUPERVISORS
Page 5
prohibition of upper-story conversions and limitation on demolition. Accessory dwelling units
are permitted within the district pursuant to Subsection 207(c)(4) of this Code.
Table 811
CHINATOWN VISITOR RETAIL DISTRICT ZONING CONTROL TABLE
* * * *
NON-RESIDENTIAL USES
§ References
Controls by Story
1st
2nd
3rd+
Sales and Service Use Category
Retail Sales and Service
Uses*
P
P
P
* * * *
Restaurant
§102
C (1)
C (1)
NP
Retail Workspace
§102
NP
NP
NP
* * * *
* Not listed below
(1) C for Use Size is not required for Restaurants larger than 2,500 sq. ft., but C to
establish the Use is required as indicated.
* * * *
SEC. 812. CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL
DISTRICT.
Mayor Breed; Supervisors Peskin, Safai, Chan
BOARD OF SUPERVISORS
Page 6
The Chinatown Residential Neighborhood Commercial District extends along Stockton
Street between Sacramento and Broadway and along Powell Street between Washington
Street and Broadway. It is generally west and uphill from Grant Avenue and is close to the
relatively intensely developed residential areas of lower Nob and Russian Hills. Stockton
Street is a major transit corridor which serves as "Main Street" for the Chinatown
neighborhood. Both Stockton and Powell Streets contain a significant amount of housing as
well as major community institutions supportive to Chinatown and the larger Chinese
community. This daytime-oriented district provides local and regional specialty food shopping
for fresh vegetables, poultry, fish, and meat. Weekends are this area's busiest shopping days.
Because Stockton Street is intended to remain principally in its present character, the
Stockton Street controls are designed to preserve neighborhood-serving uses and protect the
residential livability of the area. The controls promote new residential development compatible
with existing small-scale mixed-use character of the area. Consistent with the residential
character of the area, commercial development is directed to the ground story. Daytime-
oriented use is protected and tourist-related uses and financial services are limited.
Housing development in new and existing buildings is encouraged above the ground
floor. Institutional uses are also encouraged. Existing residential units are protected by limits
on demolition and conversion. Accessory Dwelling Units are permitted within the district
pursuant to subsection 207(c)(4) of this Code.
Table 812
CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT ZONING
CONTROL TABLE
* * * *
NON-RESIDENTIAL USES
§ References
Controls by Story
Mayor Breed; Supervisors Peskin, Safai, Chan
BOARD OF SUPERVISORS
Page 7
1st
2nd
3rd+
Sales and Service Use Category
Retail Sales and Service
Uses*
P
P
P
* * * *
Restaurant
§102
C (2)
NP
NP
Retail Workspace
§102
NP
NP
NP
* * * *
* Not listed below
* * * *
(2) Formula Retail Restaurants and Limited Restaurants are NP in all Chinatown
MUDs.
Section 3. 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 4. 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
Mayor Breed; Supervisors Peskin, Safai, Chan
BOARD OF SUPERVISORS
Page 8
additions, and Board amendment deletions in accordance with the “Note” that appears under
the official title of the ordinance.
APPROVED AS TO FORM:
DENNIS J. HERRERA, City Attorney
By:
/s/
AUDREY W. PEARSON
Deputy City Attorney
n:\legana\as2020\2100066\01469504.docx
City and County of San Francisco
Tails
Ordinance
City Hall
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
201326
Date Passed: April 13, 2021
Ordinance amending the Planning Code to prohibit retail workspace in Chinatown Mixed-Use
Districts; 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 and convenience under
Planning Code, Section 302.
March 22, 2021 Land Use and .Transportation Committee - RECOMMENDED
April 06, 2021 Board of Supervisors - PASSED ON FIRST READING
Ayes: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai,
Stefani and Walton
April 13, 2021 Board of Supervisors - Fl NALLY PASSED
Ayes: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai,
Stefani and Walton
File No. 201326
London N. Breed
Mayor
City a11d County of Sau Francisco
Pagel
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
4/13/2021 by the Board of Supervisors of
the City and County of San Francisco.
Date Approved
Printed at 8:52 am 011 4114121
