FILE NO. 170419
AMENDED IN BOARD
9/19/2017
ORDINANCE N0.196-17
[Planning Code - North Beach, Telegraph Hill, Broadway and Chinatown Area Controlsi
Formula Retail]
Ordinance amending the Planning Code to support Legacy Businesses; expand the
definition of historic buildings and impose additional requirements in the Broadway
Neighborhood Commercial District (NCD) and North Beach Special Use District (SUD);
prohibit certain uses in the North Beach SUD; reduce the lot size limit in the North
Beach SUD; modify the requirements for approval of parking garages in the Telegraph
Hill-North Beach Residential SUD, the North Beach NCD, and Chinatown Mixed Use
Districts; reduce off-street parking spaces permitted for residential uses in the
Telegraph Hill-North Beach Residential SUD, and the Broadway and North Beach
NCDs; revise the definition of Formula Retail; and 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.
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 Roma,~font.
Board amendment additions are in double-underlined Arial font.
Board amendment deletions are in strikethrough /\rial 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 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
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Supervisors in File No. 170419, and is incorporated herein by reference. The Board affirms
this determination.
(b) On July 19, 2017, the Planning Commission, in Resolution No. 19966, 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. 170419, and is incorporated herein by reference.
(c) Pursuant to Planning Code Seqtion 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. 19966, and the Board incorporates such reasons
herein by reference.
Section 2. The Planning Code is hereby amended by revising Sections 121.1, 151,
151.1, 155,249.25, 249.49, 253.1, 303.1, 722, and 780.3, 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 whieh
that 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
Lot Size Limit
* * * *
* * * *
North Beach
J,()002,500 sq. ft.
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SEC.151. SCHEDULE OF REQUIRED OFF-STREET PARKING SPACES.
* * * *
(b)
Minimum Parking Required.
Use or Activity
Table 151
OFF-STREET PARKING SPACES REQUIRED
Number of Off-Street Parking Spaces
Required
RESIDENTIAL USES
****
****
Dwelling, in the Telegraph Hill - North Beach
None required. Pup to three ctH'~ 0.5 parking
Residential Special Use District
spaces for eachje-u¥-Dwelling Units-, sub;ect to
the controls and procedures o{Section 249.49(c)
and Section 15 5 (t); C up to one car for each
Dv,·elling Unit, subject to the criteria and
procedure of303(u); NP above.
* * * *
* * *
*
* * * *
SEC. 151. 1 SCHEDULE OF PERMITTED OFF-STREET PARKING SPACES IN
SPECIFIED DISTRICTS.
* * * *
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Table 151.1
OFF-STREET PARKING PERMITTED AS ACCESSORY
3 I;
4 I
Use or Activity
Number of Off-Street Car Parking Spaces
or Space Devoted to Off-Street Car
Parking Permitted
RESIDENTIAL USES
* * * *
* * * *
Dwelling Units and SRO Units in NCT, RC,
P up to one car for each two Dwelling or
RCD. RSD, Chinatown Mixed Use Districts,
SRO Units; Cup to 0.75 cars for each
and the Broadwt1,y, and North Beach
Dwelling Unit, subject to the criteria and
Neighborhood Commercial Districts, except as
procedures of Section 151.1 (e); NP above
specified below
0.75 cars for each Dwelling Unit.
Dwelling Units and SRO Units in the Telegraph
Pup to 0.5 parking spaces for each Dwelling
Hill - North Beach Residential Special Use
Unit, subject to the controls and procedures of
District
Section 249.49{c) and Sections 155(r) and
155(1); NP above.
Dwelling Units and SRO Units in the Broadway
P up to 0. 5 parking spaces for each Dwelling
and North Beach Neighborhood Commercial
Unit, Cup to 0. 75 cars for each Dwelling Unit,·
Districts outside oft he boundaries of the
NP above 0. 75 cars for each Dwelling Unit.
Telegraph Hill - North Beach Residential Special
subject to the controls and procedures of
Use District
Sections 155(r), 155(1) and Section 151.1 (e).
* * * *
* * * *
* * * *
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SEC. 155. GENERAL STANDARDS AS TO LOCATION AND ARRANGEMENT OF
OFF-STREET PARKING, FREIGHT LOADING AND SERVICE VEHICLE FACILITIES.
* * * *
(t) Garage Additions in the North Beach Neighborhood Commercial District,
North Beach-Telegraph Hill Residential Special Use District, and Chinatown Mixed Use
Districts. Notwithstanding any other provision of this Code to the contrary, a mandatory
discretionary review hearing by the Planning Commission is required in order to install a
garage in an existing or proposed structure of ~two units or more in the North Beach NCO,
the North Beach-Telegraph Hill Residential SUD, and the Chinatown Mixed Use Districts,=-
Sectian 311 notice is requiredjor a building e.f"lcss than four units.
In approving order to approve the installation of the-any garage in these districts, the Commission
.G.i{y_shall find that: (1) the proposed garage opening/addition of off-street parking will not
cause the elimination or reduction ofground-story retail or commercial space; tlw "removal" or
11co1n·er~ion ofresidential unit,
11 as those terms are defined in Section ill e.fthis Code; (2) the
proposed garage opening/addition of off-street parking will not substantially eliminate or
decrease the livability ofa square footage of any dwelling unit without increasing the floor area in a
commensurate amount; (3) the building has not had two or more evictions with each eviction
associated with a separate unit(s) within the past ten years, and (4) the garage would not front
on an Alley pursuant to Section l 55(r)(2) of this Code or on a public right-of-way narrower than 41
feet. and (5) the proposed garage/addition of off-street parking is consistent with the Priority
Policies of Section 101.1 of this Code. Prior to the Commission hearing, or prior te the issuance
of notification under Section 311fcffz?) or 312 of this Code, the Planning Department shall
require a signed affidavit by the project sponsor attesting to (1), (2), and (3) above, which the
Department shall independently verify, and the Department shall determine whether +he
Department shall also ha',Je made a determination that the project complies with subsection ( 4)
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above. If the proiect sponsor does not provide such signed afjidavit, or the garage would front on an
Alley or on a public right-of-.way narrower than 41 feet. the Department shall disapprove the
application and no Planning Commission hearing shall be required.
SEC. 249.49. TELEGRAPH HILL - NORTH BEACH RESIDENTIAL SPECIAL USE
DISTRICT.
(a) Purposes. To regulate the amount of off street parking and limit the installation of
garages in existing all residential structures in order to ensure that they do not significantly
increase the level of automobile traffic, increase pollution, cause the removal of on-street parking
spaces. or impair pedestrian use on narrow public rights-of-way in the District, and to preserve
existing atfgrdable housing by preventmg the ability to addparkingfromprmiding the addition o(of.f-
site parking. which provides an incentive to convert existing affordable residential buildings fr-em
rental buildings to market-rate tenancies in common housing.
* * * *
(c) Controls.
* * * *
(2) Installation of a Parking Garage. Installation of a garage in an existing or
proposed residential building of ~two or more units requires a mandatory discretionary
review hearing by the Planning Commission,· Section 311 l'lotice is required.for a buil-ding o.fless
than four units. In approving order to approve the installation of thc--any garage in these districts, the
Commission shall find that: (1) the proposed garage opening/addition of off-street parking will
not cause the elimination or reduction o(ground-story retail or commercial space,· the "remmal" or
"conversion o,fresidential unit," as those terms are defined in Section ill of this Code,· (2) the
proposed garage opening/addition of off-street parking will not substantially eliminate or
decrease the livability ofa square footage of any dwelling unit ,vithout increasing thefloor area in a
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commensurate a-rnount; (3) the building has not had two or more "no fault" evictions, as defined in
3 7. 9(a) (78) (1316) of the San Francisco Administrati-ve Code, with each eviction associated-with a
separate unit(s) within the past 1 Oten years, with each eviction associated with a separate unit(s), ( 4)
the garage would not front on an Alley pursuant to Section l 55(r)(2) o{this Code or on a public
right-of-way narrower than 41 feet, and (5) the proposed garage or addition of off-street
parking installation is consistent with the Priority Policies of Section 101.1 of this Code.
Prior to the Planning Commission hearing, or prior to issuance of any required
notification under Section 311-(e)-f.2-) or 312 of this Code, the Planning Department shall require
a signed affidavit by the project sponsor attesting to (1 ), (2), and (3) above, which the
Department shall independently verify, and the Department shall determine whether-:-+he
Department shall also have made a determination that the project complies with (4) and (5) above.
!{the proiect sponsor does not provide such signed affidavit, or the garage would front on an Alley or
public right-of way narrower than 41 feet, the Department shall disapprove the application and no
Planning Commission hearing shall be required.
SEC. 253.1. REVIEW OF PROPOSED BUILDINGS AND STRUCTURES IN THE
BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT.
* * * *
(b) In authorizing any such proposal for a building or structure exceeding 40 feet in
height, the Planning Commission shall find, in addition to the criteria of Section 303(c), that
the proposal is consistent with the expressed purposes of this Code, of the Broadway
Neighborhood Commercial District, and of the height and bulk districts, set forth in Sections
101, 714 and 251 of this Code,. and that the following criteria are met:
(1) The height of the new or expanding development will be compatible with the
individual neighborhood character and the height and scale of the adjacent buildings.
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(2) The height and bulk of the new or expanding development will be designed
to allow maximum sun access to nearby parks, plazas, and major pedestrian corridors.
(3) The architectural and cultural character and features of existing buildings shall be
preserved and enhanced. The Historic Preservation Commission or its staff shall review anyproposed
alteration of historic resources and must determine that such alterations comply with the Secretary of
Interior's Standards for the Treatment of Historic Properties before the City approves any permits to
alter such buildings. For purposes ofthis section, "historic resources" shall include Article 10
Landmarks and buildings located within Article 10 Historic Districts. buildings and districts identified
in surveys adopted by the City. buildings listed or potentially eligible for individual listing on the
National or California Registers, and buildings located within listed or potentially eligible National
Register or California Register historic districts. The Planning Department shall also consult
materials available through the California Historical Resources Information System (CHRIS) and
Inventory to determine eligibility.
SEC. 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT.
* * * *
Table 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT
ZONING CONTROL TABLE
Zoning Category
§
North Beach NCD Controls
References
BUILDING STANDARDS
* * * *
* * * *
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Vehicular Access Restrictions
Lot Size (Per Development)
* * * *
* * * *
Services, Health
* * * *
§§ 155(r) and
Prohibited on Columbus Avenue between
(t)
Washington and North Point Streets,
Grant Avenue between Columbus
Avenue and Filbert Street, and Green
Street between Grant Avenue and
Columbus/Stockton Streets, and Alleys in
the NBNCD and Telegraph Hill-NB
Residential SUD. Mandatory
discretionary review required to install
garages in buildings withfi:mF-two or more
units.
§§ 102, 121.1
Pup to 4,-99:9 2,499 square feet; C ~
2,500 square feet and above
(1) NORTH BEACH OFF-STREET PARKING, RESIDENTIAL (Section 155(t))
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Boundaries: North Beach NCO, North-Beach Telegraph Hill SUD
Controls:
(a) Installing a garage in an existing or proposed residential building of few---two or more
units requires a mandatory Discretionary Review by the Planning Commission; Section 311
notice is required fore building ofless then four units. In appro-ving order to approve the installation
of !he-any garage in these districts, the Commission City shall find that:
(i) the proposed garage opening/addition of off-street parking will not cause the
elimination or reduction o(ground-story retail or commercial space; the "remove!" or "conversion of·
residentiel unit, "€IS those terms ere defined in Section ill o.fthis Code;;
1 O
(ii) the proposed garage opening/addition of off-street parking will not substentielly
eliminate or-decrease the livebility o.fe square footage of any dwelling unit ·without incret1Sing the
floor eree in e commensurate amount;
(iii) the building has not had two or more "no fault" evictions, €IS defined in Sections
3 7. 9(a) (78) (I 316) o.fthe San Frencisco Administretive Code, with each eviction associated with a
separate unit(s) within the past 1 Oten years;
(iv) the garage would not front on an Alley pursuant to Section 155(r)(2) ofthis Code or
on a public right-of-way narrower than 41 feet, and
(v) the proposed garage/addition of off-street parking instellation is consistent with
the Priority Policies of Section 101.1 of this Code.
(b) Prior to scheduling the Planning Commission hearing, orprior to issuance of any required
notification under Section 311(c)f.2-) or 312 of this Code, the Planning Department shall require
a signed affidavit by the project sponsor attesting to (1), (2), and (3) {i) (ii) and (iii) above,
which the Department shall independently verify, and the Department shall determine whether-:
The Department shall also have made a determination that. The Department shall also have mede a
determination that the project complies with (4) and (5) (iv) and (v) above. !(the pro;ect sponsor
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does not provide such affidavit or the Department determines that the garage would violate
subsection (iv) above, the Department shall disapprove the application and no Planning Commission
hearing shall be required.
* * * *
SEC. 780.3. NORTH BEACH SPECIAL USE DISTRICT.
(a)
Purpose!, In order to ill preserve and maintain the mix and variety of
neighborhood-serving retail sales and personal services of a type that supplies commodities
or offers personal services to residents of North Beach and nearby neighborhoods; (2),-:t:e
preserve and maintain the District's small-scale, fine grain storefronts; (3),and to protect and
encourage upper-story Residential Uses,· (4) preserve and enhance the architectural and cultural
heritage o{North Beach,· and (5) preserve the contributions o{Legacy Businesses to the history and
identity of North Beach, there shall be a North Beach Special Use District applicable to the
North Beach Neighborhood Commercial District, as designated on the Sectional Map SU01 of
the Zoning Map of the City and County of San Francisco.
(b)
Definitions. The following definition!Lapplies shall apply only to the North Beach
Special Use District:
(1)
Specialty Food Manufacturing. A Commercial Use that includes the
manufacturing and processing of foods on the premises for retail and/or wholesale sales and
also provides a customer service counter for sale of such manufactured or processed food
directly to the consumer. It may have seating as a minor and incidental use that occupies less
than 15% of the Occupied Floor Area of the establishment. It includes, but is not limited toL
bakeries, coffee roasters, confectionaries, chocolatiers, makers of homemade ice cream and
handmade gelato or sorbet. It shall not provide any alcohol sales for consumption on or off
the premises.
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(2)
Legacy Business. A business as defined under Administrative Code Section
2A.242 and included in the Legacy Business Registry.
(3)
Historic Buildings. "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, buildings listed or potentially eligible for individual listing on the
National or California Registers. and buildings located within listed or potentially eligible National
Register or California Register historic districts. The Planning Department shall also consult
materials available through the California Historical Resources Information System (CHRIS) and
Inventory to determine eligibility.
(c)
Controls. The following provisions shall apply within such district:
* * * *
(6)
Legacy Business. Unless otherwise prohibited by this Section 780.3, Section
722, or any other section ofthis Code, any new Non-Residential Use proposed where the immediately
prior Commercial Use was a Legacy Business shall require Conditional Use authorization pursuant to
Section 303 ofthis Code.
(7)
Architectural and Cultural Heritage of North Beach. Section 101.1 ofthe
Planning Code includes the priority policy that historic buildings be preserved. The architectural and
cultural character and features of existing historic buildings shall be preserved and enhanced. The
Historic Preservation Commission or its staffs hall review any proposed alterations to historic
buildings, as defined in subsection 780.3(b)(3), and must determine that such alterations comply with
the Secretary of!nterior 's Standards for the Treatment of Historic Properties before the City approves
anypermits to alter such buildings.
(8)
Additional Controls: The following additional controls shall apply in the North
Beach Special Use District. (1) A Planned Unit Development shall not be permitted; (2) Large-Scale
Urban Agriculture uses shall not be permitted,· (3) Hours of Operation shall not be permitted from 2
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a.m. to 6 a.m.,· (4) Unless otherwise prohibited or limited by this Section 780.3, Section 722, or any
other section ofthis Code, active commercial uses, as defined in Planning Code Section 145. 4{c), shall
be required at the Ground Floor; and (5) A Health Service use, as defined in Section 102 o(this Code,
shall be prohibited on the ground floor. On the second floor and above, a Health Service use shall
require Conditional Use authorization pursuant to Section 303 ofthis Code.
(9)
Conditional Use Authorizations. In addition to the findings required under
Section 303 ofthis Code, for any use or proiect within the District that is sub;ect to Conditional Use
authorization under this Section 780. 3. Section 722, or any other section o(this Code. the Planning
Commission shall find that the proposed proiect supports the purposes o(the North Beach SUD set
.forth in this Section 780.3.
Section 3. The proposed ordinance in Board File No. 170419 initially proposed to
revise the definition of Formula Retail in Planning Code Section 303.1. On September 11,
2017, the Board of Supervisors' Land Use and Transportation Committee amended the
proposed ordinance to remove the proposed changes to Section 303.1. Accordingly, Section
303.1 and the proposed changes to that Section have been deleted from this ordinance.
Section ~- 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
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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.
ttorney
By:
n:\legana\as2017\1700531\01220707.docx
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City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
170419
Date Passed: September 26, 2017
Ordinance amending the Planning Code to support Legacy Businesses; expand the definition of
historic buildings and impose additional requirements in the Broadway Neighborhood Commercial
District (NCD) and North Beach Special Use District (SUD); prohibit certain uses in the North Beach
SUD; reduce the lot s.ize !imit in the North Beach SUD; modify the requirements for approval of
parking garages in the Telegraph Hill-North Beach Residential SUD, the North Beach NCD, and
Chinatown Mixed Use Districts; reduce off-street parking spaces permitted for residential uses in the
Telegraph Hill-North Beach Residential SUD, and the Broadway and North Beach NCDs; and
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.
September 11, 2017 Land Use and Transportation Committee - DUPLICATED
September 11, 2017 Land Use and Transportation Committee - AMENDED
September 11, 2017 Land Use and Transportation Committee - RECOMMENDED AS
AMENDED
September 19, 2017 Board of Supervisors -AMENDED, AN AMENDMENT OF THE
WHOLE BEARING NEW TITLE
Ayes: 7 - Breed, Fewer, Kim, Peskin, Ronen, Sheehy and Yee
Excused: 4 - Cohen, Farrell, Safai and Tang
September 19, 2017 Board of Supervisors - PASSED ON FIRST READING AS AMENDED
Ayes: 7 - Breed, Fewer, Kim, Peskin, Ronen, Sheehy and Yee
Excused: 4 - Cohen, Farrell, Safai and Tang
September 26, 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
Page2
Printed at 8:31 am on 9127/17
File No. 170419
City and County of San Francisco
Page3
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
9/26/2017 by the Board of Supervisors of
the City and County of San Francisco.
Date Approved
Printed at 8:31 am 011 9/27/17
