§ 714. BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT.

The Broadway Neighborhood Commercial District, located in the northeast quadrant of San Francisco, extends along Broadway from east of Columbus Avenue to Osgood Place. It is part of a larger commercial area which includes North Beach to the north, Chinatown to the south and west, and Jackson Square to the southeast. Broadway's fame and popularity as a Citywide and regional entertainment district is derived from a concentration of nightclubs, music halls, adult theaters, bars, and restaurants between Grant Avenue and Montgomery Street. These places attract locals and visitors alike, mainly in the evening and late-night hours. In addition to the entertainment and some retail businesses, Broadway contains many upper-story residential hotels. Due to its proximity to downtown, there is strong pressure to develop upper-story offices.

The Broadway District controls are designed to encourage development that is compatible with the existing moderate building scale and mixed-use character, and maintain the district's balance of entertainment uses, restaurants, and small-scale retail stores. New buildings exceeding 40 feet in height will be carefully reviewed and rear yards at residential levels are protected. Most commercial uses in new buildings are permitted at the first two stories. Neighborhood-serving businesses are strongly encouraged. In order to protect the livability of the area, limitations apply to new fast-food restaurants and adult entertainment uses at the first and second stories, as well as late-night activity. Financial services are allowed on the ground story subject to certain limitations. Nonretail offices are prohibited in order to prevent encroachment of the adjoining downtown office uses. Due to the high traffic volume on Broadway, most automobile and drive-up uses are prohibited in order to prevent further traffic congestion. Parking garages are permitted if their ingress and egress do not disrupt the traffic flow on Broadway.

Housing development in new buildings is encouraged above the second story. 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 714. BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT
ZONING CONTROL TABLE

Broadway NCD
Zoning Category	§ References	Controls
BUILDING STANDARDS

Massing and Setbacks
Height and Bulk Limits.	§§ 102, 105, 106, 250–252, 253.1, 260, 261.1, 270, 271. See also Height and Bulk District Maps	40-X and 65-A. In 65-A Districts, P up to 40 ft., C 40 to 65 feet See Height and Bulk Map Sheet HT01 for more information. Height sculpting required on Alleys per § 261.1.
5 Foot Height Bonus for Active Ground Floor Uses	§ 263.20	NP
Rear Yard	§§ 130, 134, 134(a)(e), 136	Required at the lowest Story containing a Dwelling Unit, and at each succeeding level or Story of the Building: 25% of lot depth, but in no case less than 15 feet.
Front Setback and Side Yard	§§ 130, 131, 132, 133	Not Required.
Street Frontage and Public Realm
Streetscape and Pedestrian Improvements	§ 138.1	Required
Street Frontage Requirements	§ 145.1	Required; controls apply to above-grade parking setbacks, parking and loading entrances, active uses, ground floor ceiling height, street-facing ground-level spaces, transparency and fenestration, and gates, railings, and grillwork. Exceptions permitted for historic buildings.
Ground Floor Commercial	§ 145.4	Not Required.
Vehicular Access Restrictions	§ 155(r)	Prohibited on Columbus Avenue between Washington and North Point Streets, and on Broadway between Embarcadero and Polk Street
Miscellaneous
Lot Size (Per Development)	§ 102, 121.1	P up to 4,999 square feet; C 5,000 square feet and above
Planned Unit Development	§ 304	C
Awning, Canopy or Marquee	§ 136.1	P
Signs	§§ 262, 602- 604, 607, 607.1, 608, 609	As permitted by § 607.1
General Advertising Signs	§§ 262, 602,604, 608, 609, 610, 611	NP
Design Guidelines	General Plan Commerce and Industry Element	Subject to the Urban Design Guidelines and historic resource consideration. Properties in this District have been identified as potentially eligible for the National Register or California Register.

Zoning Category	§ References	Controls
RESIDENTIAL STANDARDS AND USES

Development Standards
Usable Open Space [Per Dwelling Unit]	§ 135, 136	60 square feet if private, or 80 square feet if common
Off-Street Parking Requirements	§§ 145.1, 150, 151.1, 153 - 156, 166, 204.5	No car parking required (2). P up to one car for each two Dwelling or SRO Units; C up to 0.75 cars for each Dwelling Unit, subject to the criteria and procedures of Section 151.1(g); NP above 0.75 cars for each Dwelling Unit. Bike parking required per § 155.2. If car parking is provided, car share spaces are required when a project has 50 units or more per § 166.
Dwelling Unit Mix	§§ 207.6, 207.7	Not required
Use Characteristics
Intermediate Length Occupancy	§§ 102; 202.10	P(8)
Single Room Occupancy	§ 102	P
Student Housing	§ 102	P
Residential Uses		Controls By Story
		1st	2nd	3rd+
Residential Uses	§ 102	P	P	P
Accessory Dwelling Unit Density	§§ 102, 207(c)(4), 207(c)(6)	P per Planning Code Sections 207(c)(4) and 207(c)(6).
Dwelling Unit Density	§§ 102, 207	1 unit per 400 square foot lot area, or the density permitted in the nearest R District, whichever is greater.
Group Housing Density	§ 208	1 bedroom per 140 square foot lot area, or the density permitted in the nearest R District, whichever is greater.
Homeless Shelter Density	§§ 102, 208	Density limits regulated by the Administrative Code
Senior Housing Density	§§ 102, 202.2(f), 207	P up to twice the number of dwelling units otherwise permitted as a Principal Use in the district and meeting all the requirements of § 202.2(f)(1). C up to twice the number of dwelling units otherwise permitted as a Principal Use in the district and meeting all requirements of § 202.2(f)(1), except for § 202.2(f)(1)(D)(iv), related to location.
Loss of Dwelling Units		Controls by Story
		1st	2nd	3rd+
Residential Conversion	§ 317	C	C	NP
Residential Demolition and Merger	§ 317	C	C	C

Zoning Category	§ References	Controls
NON-RESIDENTIAL STANDARDS AND USES

Development Standards
Floor Area Ratio	§§ 102, 123, 124	2.5 to 1
Use Size	§§ 102, 121.2	P up to 2,999 square feet; C 3,000 square feet and above
Off-Street Parking Requirements	§§ 145.1, 150, 151.1, 153 - 156, 166, 204.5	Car parking not required. Limits set forth in § 151.1. Bike parking required per Section 155.2. Car share spaces required when a project has 25 or more parking spaces per § 166.
Off-Street Freight Loading	§§ 150, 152, 153 - 155, 161, 204.5	None required if gross floor area is less than 10,000 square feet. Exceptions permitted per §§ 155 and 161.
Commercial Use Characteristics
Drive-up Facility	§ 102	NP
Formula Retail	§§ 102, 303.1	C
Hours of Operation	§ 102	P 6 a.m. - 2 a.m.; C 2 a.m. - 6 a.m.
Maritime Use	§ 102	NP
Open Air Sales	§§ 102, 703(b)	See § 703(b)
Outdoor Activity Area	§§ 102, 145.2	P if located in front; C if located elsewhere
Walk-up Facility	§ 102	P
Controls by Story
1st	2nd	3rd+
Agricultural Use Category
Agriculture, Industrial	§§ 102, 202.2(c)	NP	NP	NP
Agriculture, Large Scale Urban	§§ 102, 202.2(c)	C	C	C
Agriculture, Neighborhood	§§ 102, 202.2(c)	P	P	P
Automotive Use Category
Automotive Uses*	§§ 102, 187.1, 202.2(b), 202.5	NP	NP	NP
Parking Garage, Private	§ 102	C	C	C
Parking Garage, Public	§ 102	C	C	C
Parking Lot, Private	§§ 102, 142, 156	C	C	C
Parking Lot, Public	§§ 102, 142, 156	C	C	C
Entertainment, Arts and Recreation Use Category
Entertainment, Arts and Recreation Uses*	§ 102	NP	NP	NP
Entertainment, General	§ 102	P	P	NP
Entertainment, Nighttime	§ 102	P	P	NP
Movie Theater	§§ 102, 202.4	P	P	NP
Open Recreation Area	§ 102	C	C	C
Passive Outdoor Recreation	§ 102	C	C	C
Industrial Use Category
Industrial Uses	§ 102	NP	NP	NP
Institutional Use Category
Institutional Uses*	§ 102	P	C	C
Child Care Facility	§ 102	P	P	P
Hospital	§ 102	NP	NP	NP
Medical Cannabis Dispensary	§§ 102, 202.2(e)	DR	DR	NP
Public Facilities	§ 102	C	C	C
Residential Care Facility	§ 102	P	P	P
Sales and Service Use Category
Retail Sales and Service Uses*	§ 102, 202.2(a)	P	P	NP
Adult Business	§ 102	C	C	NP
Animal Hospital	§ 102	C	NP	NP
Bar	§ 102	C	C	NP
Cannabis Retail	§§ 102, 202.2(a)	C	C	NP
Flexible Retail	§ 102	NP	NP	NP
Hotel	§ 102	C	C	C
Kennel	§ 102	C	NP	NP
Liquor Store	§ 102	C	NP	NP
Massage Establishment	§ 102	C	C	NP
Massage, Foot/Chair	§ 102	P	C	NP
Mortuary	§ 102	NP	NP	NP
Motel	§§ 102, 202.2(a)	NP	NP	NP
Restaurant	§§ 102, 202.2(a)	P(4)(5)	C(4)(5)	NP
Restaurant, Limited	§§ 102, 202.2(a)	P(4)	P(4)	NP
Services, Financial	§ 102	P	NP	NP
Services, Fringe Financial	§ 102	NP(6)	NP(6)	NP(6)
Services, Limited Financial	§ 102	P	NP	NP
Storage, Self	§ 102	NP	NP	NP
Tobacco Paraphernalia Establishment	§ 102	C	NP	NP
Trade Shop	§ 102	P	C	NP
Non-Retail Sales and Service*	§ 102	NP	NP	NP
Design Professional	§ 102	P	P	NP
Trade Office	§ 102	P	P	NP
Utility and Infrastructure Use Category
Utility and Infrastructure*	§ 102	C(7)	C(7)	C(7)
Power Plant	§ 102	NP	NP	NP
Public Utilities Yard	§ 102	NP	NP	NP

* Not listed below

(1) BROADWAY OFF-STREET PARKING RESIDENTIAL

Boundaries: Broadway NCD.

Controls: Installing a garage in an existing residential building of four or more units requires a mandatory discretionary review by the Planning Commission; Section 311 notice is required for a building of less than four units. In approving installation of the garage, the Commission shall find that:

(a) the proposed garage opening/addition of off-street parking will not cause the “removal” or “conversion of residential unit,” as those terms are defined in Section 317 of this Code.

(b) the proposed garage opening/addition of off-street parking will not substantially decrease the livability of a dwelling unit without increasing the floor area in a commensurate amount;

(c) the building has not had two or more “no-fault” evictions, as defined in 37.9(a)(7)-(13) of the San Francisco Administrative Code, with each eviction associated with a separate unit(s) within the past ten years;

(d) the garage would not front on a public right-of-way narrower than 41 feet; and

(e) the proposed garage/addition of off-street parking installation is consistent with the Priority Policies of Section 101.1 of this Code.

(2) [Note deleted.]

(3) [Note deleted.]

(4) Formula Retail NP for this use.

(5) BROADWAY LIQUOR LICENSES FOR RESTAURANTS

Boundaries: Applicable to the Broadway Neighborhood Commercial District.

Controls: A Restaurant Use may only add ABC license types 41, 47, 49 or 75 as a Conditional Use on the First Story if, in addition to the criteria set forth in Section 303, the Planning Commission finds that the restaurant is operating as a Bona Fide Eating Place, as defined in Section 102 of this Code. Should a restaurant fail to operate as a Bona Fide Eating Place for any length of time, the Conditional Use authorization shall be subject to immediate revocation.

(6) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD).

Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, the Broadway Neighborhood Commercial District.

Controls: Fringe Financial Services are NP within any FFSRUD and its 1/4 mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(7) C if a Macro WTS Facility; P if a Micro WTS Facility.

(8) C for buildings with 10 or more Dwelling Units.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 412-88, App. 9/10/88; Ord. 272-93, App. 8/25/93; Ord. 87-00, File No. 991963, App. 5/19/2000; Ord. 260-00, File No. 001424, App. 11/17/2000; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 139-09, File No. 090402, App. 7/2/2009; Ord. 77-10, File No. 091165, App. 4/16/2010; Ord. , File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. , File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. , File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. , File No. 120796, App. 11/13/2014, Eff. 12/13/2014; Ord. , File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. , File No. 150805, App. 9/18/2015, Eff. 10/18/2015; Ord. , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. , File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. , File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. , File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. , File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. , File No. 171108, App. 3/16/2018, Eff. 4/16/2018; Ord. , File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. , File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. , File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. , File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. , File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. , File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. , File No. 181211, App. 9/11/2019, Eff. 10/12/2019; Ord. , File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. , File No. 191075, App. 5/22/2020, Eff. 6/22/2020)

AMENDMENT HISTORY

Zoning Control Table: 714.69C and 714.69D added; Ord. , Eff. 5/20/2011. Zoning Control Table: 714.10, 714.17, and 714.69A amended; Specific Provisions: 714.65 deleted, 714.68 added; Ord. , Eff. 8/4/2011. Zoning Control Table: 714.40, 714.43 and 714.44 amended, former categories 714.42, 714.67, and 714.69A deleted; Specific Provisions: 714.44 ("Broadway Liquor Licenses") added; Ord. , Eff. 5/23/2012. Introductory material amended; Zoning Control Table: 714.13, 714.54, and 714.69B amended; Specific Provisions: 714.54 added, designation of 714.94 corrected; Ord. , Eff. 4/27/2013. Zoning Control Table: former categories 714.38 and 714.39 redesignated as 714.36 and 714.37 and amended; Ord. , Eff. 1/25/2014. Zoning Control Table: 714.22 amended; Ord. , Eff. 12/13/2014. Zoning Control Table: 714.22 and 714.94 amended; Specific Provisions: 714.94 amended; Ord. , Eff. 12/26/2014. Zoning Control Table: 714.26, 714.49, and 714.50 amended; Specific Provisions: 714.54 amended; Ord. , Eff. 12/26/2014. Zoning Control Table: 714.92b added; Ord. , Eff. 3/15/2015. Zoning Control Table: 714.14, 714.15, 714.16, and 714.17 amended; Ord. , Eff. 3/22/2015. Section redesignated (formerly Sec. 714.1); Zoning Control Table: 714.54, 714.91, and 714.92 amended; Ord. , Eff. 4/25/2015. Introductory material amended; Zoning Control Table: 714.91 amended; Specific Provisions: 714.91 added; Ord. , Eff. 10/18/2015. Zoning Control Table: former categories 714.36 and 714.37 deleted, 714.96 and 714.97 added; Ord. , Eff. 4/10/2016. Specific Provisions: 714.91 amended; Ord. , Eff. 9/3/2016. Zoning Control Table: 714.33A added; Ord. , Eff. 9/10/2016. New Zoning Control Table and notes added; Ord. , Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. , Eff. 7/30/2017. Zoning Control Table amended; Note (2) deleted; Ord. , Eff. 10/15/2017. Zoning Control Table amended; Ord. , Eff. 1/5/2018. Table Note (5) amended; Ord. , Eff. 4/16/2018. Zoning Control Table and Note (5) amended; Ord. , Eff. 9/10/2018. Zoning Control Table amended; Ord. , Eff. 12/21/2018. Zoning Control Table amended; Ord. , Eff. 1/7/2019. Zoning Control Table amended; Note (3) deleted; Ord. , Eff. 1/21/2019. Zoning Control Table amended; Ord. , Eff. 7/29/2019. Zoning Control Table amended; Ord. , Eff. 9/9/2019. Zoning Control Table amended; Ord. , Eff. 10/12/2019. Zoning Control Table and Note (6) amended; Ord. , Eff. 5/25/2020. Zoning Control Table amended; Note (8) added; Ord. , Eff. 6/22/2020.

CODIFICATION NOTE

1. So in Ord. .