§ 718. UPPER FILLMORE STREET NEIGHBORHOOD COMMERCIAL DISTRICT.  


Latest version.
  • The Upper Fillmore Street Neighborhood Commercial District is situated in the south-central portion of Pacific Heights. It runs north-south along Fillmore Street from Jackson to Bush and extends west one block along California and Pine Streets. This medium-scaled, multi-purpose commercial district provides convenience goods to its immediate neighborhood as well as comparison shopping goods and services on a specialized basis to a wider trade area. Commercial businesses are active during both day and evening and include a number of bars, restaurants, specialty groceries, and specialty clothing stores.
    The Upper Fillmore District controls are designed to protect the existing building scale and promote new mixed-use development which is in character with adjacent buildings. Building standards regulate large lot and use development and protect rear yards above the ground story and at residential levels. Most commercial uses are permitted at the first two stories of new buildings. Special controls are designed to preserve the existing equilibrium of neighborhood-serving convenience and specialty commercial uses. In order to maintain convenience stores and protect adjacent livability, additional bars (unless part of a restaurant) and formula retail establishments are prohibited, other eating and drinking establishments require Conditional Use authorization and ground-story entertainment and financial service uses are limited. In order to promote continuous retail frontage, drive-up and most automobile uses are prohibited.
    Housing development in new buildings is encouraged above the second story. Existing residential units are 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 718. UPPER FILLMORE STREET NEIGHBORHOOD COMMERCIAL DISTRICT
    ZONING CONTROL TABLE
    Upper Fillmore Street NCD
    Zoning Category
    § References
    Controls
    BUILDING STANDARDS
    Massing and Setbacks
    Height and Bulk Limits.
    §§ 102, 105, 106, 250252, 260, 261.1, 270, 271. See also Height and Bulk District Maps
    40-X. See Height and Bulk Map Sheet HT02 for more information. Height sculpting required on Alleys per § 261.1.
    5 Foot Height Bonus for Active Ground Floor Uses
    NP
    Rear Yard
    §§ 130, 134, 134(a)(e), 136
    Required at the Second Story and at each succeeding level or Story of the building, and at the First Story if it contains a Dwelling Unit: 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
    Required
    Street Frontage Requirements
    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
    Not Required
    Vehicular Access Restrictions
    § 155(r)
    CU required for the entirety of California Street.
    Miscellaneous
    Lot Size (Per Development)
    P up to 4,999 square feet; C 5,000 square feet and above
    Planned Unit Development
    § 304
    C
    Awning, Canopy or Marquee
    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
    Zoning Category
    § References
    Controls
    RESIDENTIAL STANDARDS AND USES
    Usable Open Space [Per Dwelling Unit]
    §§ 135, 136
    80 square feet per unit if private, or 100 square feet per unit if common
    Off-Street Parking Requirements
    §§ 145.1, 150, 151, 153 - 156, 161, 166, 204.5
    No car parking required. Maximum permitted per § 151. 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(7)
    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 600 square foot lot area or the density permitted in the nearest R District, whichever is greater.
    Group Housing Density
    § 208
    1 bedroom per 210 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 2,499 square feet; C 2,500 square feet and above
    Off-Street Parking Requirements
    §§ 145.1, 150, 151, 153 - 156, 161, 166, 204.5
    No car parking required. Maximum permitted per § 151. 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 Section 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
    C
    NP
    NP
    Entertainment, Nighttime
    § 102
    C
    NP
    NP
    Movie Theater
    §§ 102, 202.4
    P
    NP
    NP
    Open Recreation Area
    § 102
    C
    C
    C
    Passive Outdoor Recreation
    § 102
    C
    C
    C
    Industrial Use Category
    Industrial Uses
    §§ 102, 202.2(d)
    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), 202.3
    P
    P
    NP
    Adult Business
    § 102
    NP
    NP
    NP
    Animal Hospital
    § 102
    C
    NP
    NP
    Bar
    §§ 102, 202.2(a)
    C(3)
    NP
    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
    NP
    NP
    Massage, Foot/Chair
    § 102
    P
    NP
    NP
    Mortuary
    § 102
    NP
    NP
    NP
    Motel
    §§ 102, 202.2(a)
    NP
    NP
    NP
    Restaurant
    §§ 102, 202.2(a)
    C(4)(5)
    NP
    NP
    Restaurant, Limited
    §§ 102, 202.2(a)
    P(5)
    NP
    NP
    Services, Financial
    § 102
    P
    NP
    NP
    Services, Fringe Financial
    § 102
    NP
    NP
    NP
    Services, Limited Financial
    § 102
    P
    NP
    NP
    Storage, Self
    § 102
    NP
    NP
    NP
    Tobacco Paraphernalia Establishment
    § 102
    C
    NP
    NP
    Trade Shop
    § 102
    P
    NP
    NP
    Non-Retail Sales and Service*
    § 102
    NP
    NP
    NP
    Design Professional
    § 102
    P
    P
    NP
    Office, General
    § 102
    NP(1)
    NP(1)
    NP(1)
    Trade Office
    § 102
    P
    P
    NP
    Utility and Infrastructure Use Category
    Utility and Infrastructure*
    § 102
    C(6)
    C(6)
    C(6)
    Power Plant
    § 102
    NP
    NP
    NP
    Public Utilities Yard
    § 102
    NP
    NP
    NP
    * Not listed below
    (1) A General Office use that provides executive, management, administrative, and clerical services and support related to philanthropic activities that serve non-profit institutions and organizations, including activities that may include funding and support of educational, medical, environmental, cultural, and social services institutions and organizations, is a Permitted Use. Such Uses (a) may not be located on the First Story of buildings where the most recent prior Use was any Use other than Residential or Office and (b) may be located in a single undivided space not physically separated from a Residential Use. Any Residential Conversion above the First Story, associated with, or following commencement of such Use, shall be considered a Conditional Use requiring approval pursuant to Section 317.
    (2) [Note deleted.]
    (3) A new bar will be allowed with a Conditional Use authorization from the Planning Commission only in conjunction with a Restaurant use.
    (4) In considering a Conditional Use for a Restaurant, the Planning Commission shall consider whether the use proposes lunch service or other daytime usage in order to limit the number of such establishments on the block that have no daytime activity.
    (5) Formula Retail NP for this use
    (6) C if a Macro WTS Facility; P if a Micro WTS Facility.
    (7) C for buildings with 10 or more Dwelling Units.
    (Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 412-88, App. 9/10/88; 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. 161-09, File No. 090367, App. 7/15/2009; Ord. , File No. 110070, App. 3/23/2011; 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. 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. 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. 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. 181028, 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. 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: 718.69C and 718.69D added; Ord. , Eff. 5/20/2011. Zoning Control Table: 718.10 and 718.17 amended; Specific Provisions: 718.68 added; Ord. , Eff. 8/4/2011. Zoning Control Table: 718.43 and 718.44 amended, former categories 718.42, 718.67, and 718.69A deleted; Specific Provisions: 718.43, 718.44 (Upper Fillmore NCD) added; Ord. , Eff. 5/23/2012. Zoning Control Table: 718.13, 718.54, and 718.69B amended; Specific Provisions: 718.54 added; Ord. , Eff. 4/27/2013. Zoning Control Table: former categories 718.38 and 718.39 redesignated as 718.36 and 718.37 and amended; Ord. , Eff. 1/25/2014. Zoning Control Table: 718.26, 718.49 and 718.50 amended; Specific Provisions: 718.54 amended; Ord. , Eff. 12/26/2014. Zoning Control Table: 718.92b added; Ord. , Eff. 3/15/2015. Zoning Control Table: 718.14, 718.15, 718.16, and 718.17 amended; Ord. , Eff. 3/22/2015. Section redesignated (formerly Sec. 718.1); Zoning Control Table: 718.54, 718.91, and 718.92 amended; Ord. , Eff. 4/25/2015. Zoning Control Table: former categories 718.36 and 718.37 deleted, 718.96 and 718.97 added; Ord. , Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 718.91 amended; Specific Provisions: 718.91 added; Ord. , Eff. 9/3/2016. Zoning Control Table: 718.33A 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 (1) deleted; Ord. , Eff. 10/15/2017. Zoning Control Table amended; Ord. , Eff. 1/5/2018. Second undesignated introductory paragraph and Zoning Control Table 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 (2) deleted; Ord. , Eff. 1/21/2019. Zoning Control Table amended; Ord. , Eff. 1/21/2019. Zoning Control Table amended; Ord. , Eff. 7/29/2019. Zoning Control Table amended; Note (1) added; Ord. , Eff. 9/9/2019. Zoning Control Table amended; Ord. , Eff. 5/25/2020. Zoning Control Table amended; Note (7) added; Ord. , Eff. 6/22/2020.