§ 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 Hyde 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 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 First 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 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 First Story, 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 prohibitions on demolitions and upper-story conversions. Accessory Dwelling Units are permitted within the district pursuant to Section 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 of Storefronts 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 if such loss of Residential Units would otherwise be allowed pursuant to Section 317 of this Code.

(5) Neighborhood Commercial Design Guidelines. The construction of new buildings and alteration of existing buildings in the Polk Street NC District shall be consistent with the design policies and guidelines of the General Plan and with the “Polk/Pacific Special Area Design Guidelines” as adopted by the Planning Commission. The Planning Director may require modifications to the exterior of a proposed new building or proposed alteration of an existing residential building in order to bring it into conformity with the “Polk/Pacific Special Area Design Guidelines” and with the General Plan. These modifications may include, but are not limited to, changes in siting, building envelope, scale texture and detailing, openings, and landscaping.

Table 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT
ZONING CONTROL TABLE

Polk Street NCD
Zoning Category	§ References	Controls

BUILDING STANDARDS
Massing and Setbacks
Height and Bulk Limits.	§§ 102, 105, 106, 250–252, 260, 261.1, 270, 271. See also Height and Bulk District Maps	65-A, 80-A, and 130-E. 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	§ 263.20	NP
Rear Yard	§ 130 § 134, 134(a)(e)	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.
Streetscape and Pedestrian Improvements	§ 138.1	Required
Street Frontage and Public Realm
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)	CU required for the entirety of California Street.
Lot Size (Per Development)	§§ 102, 121.1	P up to 2,499 square feet; C 2,500 square feet and above
Miscellaneous
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 and the Polk/Pacific Special Area Design Guidelines	Subject to the Urban Design Guidelines and the Polk/Pacific Special Area Design Guidelines

Zoning Category	§ References	Controls
RESIDENTIAL STANDARDS AND USES

Development Standards
Usable Open Space [Per Dwelling Unit]	§§ 135, 136	60 square feet per unit if private, or 80 square feet per unit if common
Off-Street Parking Requirements	§§ 145.1, 150, 151, 153 - 156, 159 - 161, 166, 204.5	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.
Dwelling Unit Mix	§§ 207.6, 207.7	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.
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 Units	§§102, 207(c)(4), 207(c)(6)	P per Planning Code Sections 207(c)(4) and 207(c)(6).
Dwelling Units	§§ 102, 207	1 unit per 400 square foot lot area; or the density permitted in the nearest R District, whichever is greater.
Homeless Shelters	§§ 102, 208	Density limits regulated by the Administrative Code
Residential Density, Group Housing	§ 208	1 bedroom per 140 square foot lot area or the density permitted in the nearest R District, whichever is greater.
Senior Housing	§§ 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 and Division of Dwelling Units		Controls by Story
		1st	2nd	3rd+
Residential Conversion	§ 317	NP	NP	NP
Residential Demolition and Merger	§ 317	NP	NP	NP
Division of Dwelling Units	§ 207.8	Division of existing Dwelling Units P per §207.8.

Zoning Category	§ References	Controls
NON-RESIDENTIAL STANDARDS AND USES (7)

Development Standards
Floor Area Ratio	§§ 102, 123, 124	2.5 to 1
Use Size	§§ 102, 121.2	P up to 1,999 square feet; C 2,000 to 3,999 square feet; NP 4,000 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
Automotive Repair	§ 102	C	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(1)	NP	NP
Cannabis Retail	§§ 102, 202.2(a)	C	C	NP
Flexible Retail	§ 102	NP	NP	NP
Hotel	§ 102	C	C	C
Kennel	§ 102	NP	NP	NP
Liquor Store	§ 102	C	NP	NP
Massage Establishment	§ 102	NP	NP	NP
Massage, Foot/Chair	§ 102	NP	NP	NP
Mortuary	§ 102	NP	NP	NP
Motel	§§ 102, 202.2(a)	NP	NP	NP
Restaurant	§§ 102, 202.2(a)	C(3)	NP	NP
Restaurant, Limited	§§ 102, 202.2(a)	P	NP	NP
Services, Financial	§ 102	P	C	NP
Services, Fringe Financial	§ 102	NP(4)	NP(4)	NP(4)
Services, Health	§ 102	NP	C	C
Services, Limited Financial	§ 102	P	NP	NP
Storage, Self	§ 102	NP	NP	NP
Tobacco Paraphernalia Establishment	§ 102	NP(5)	NP(5)	NP(5)
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(6)	C(6)	C(6)
Power Plant	§ 102	NP	NP	NP
Public Utilities Yard	§ 102	NP	NP	NP

* Not listed below

(1) Temporary closures of existing liquor establishments located within the Lower Polk Alcohol Restricted Use District for repair, renovation, or remodeling that meet the requirements of Section 788(d)(2)(B) shall not be considered enlargement, alteration, intensification, abandonment, or a change of use of a conditional use permit pursuant to Section 178 of this Code, provided that any demolition permits required for the repair, renovation, or remodeling work have been submitted by January 1, 2018.

(2) [Note deleted.]

(3) POLK STREET LIQUOR LICENSES FOR RESTAURANTS: A Restaurant use may only add ABC license types 47, 49 or 75 as a Conditional Use on the ground level 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. 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.

(4) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD):

Boundaries: The FFSRUD and its ¼ mile buffer includes, but is not limited to, properties within the North of Market Residential Special Use District; and includes some properties within the Polk Street Neighborhood Commercial District.

Controls:Fringe Financial Services are NP within any FFSRUD and its ¼ 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).

(5) TOBACCO PARAPHERNALIA ESTABLISHMENTS PROHIBITION– Tobacco Paraphernalia Establishments are not permitted in the Polk Street Neighborhood Commercial District and within one-quarter mile of the boundaries of that Neighborhood Commercial District. The special definition of “Tobacco Paraphernalia Establishments” applicable to the Polk Street Neighborhood Commercial District shall be repealed six years after its initial effective date, unless the Board of Supervisors, on or before that date, extends or re-enacts it. In the Polk Street Neighborhood Commercial District, the period of non-use for a non-conforming Tobacco Paraphernalia Establishment to be deemed discontinued shall be 18 months.

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

(7) 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 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.

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

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, 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. 251-07, File No. 070851, App. 11/7/2007; 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. 3-10, File No. 090962, App. 1/15/2010; Ord. , File No. 101537, App. 4/20/2011, Eff. 5/20/2011; 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. 121065, App. 4/30/2013, Eff. 5/30/2013; 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. 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. 170418, App. 11/3/2017, Eff. 12/3/2017; Ord. , File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. , File No. 180190, App. 5/9/2018, Eff. 6/9/2018; 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. 190661, 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: 723.69C and 723.69D added; Ord. , Eff. 5/20/2011. Zoning Control Table: 723.43 and 723.44 amended, former categories 723.42, 723.67, and 723.69A deleted; Specific Provisions: 723.44 added; Ord. , Eff. 5/23/2012. Zoning Control Table: 723.13, 723.54, and 723.69B amended; Specific Provisions: 723.54 added; Ord. , Eff. 4/27/2013. Specific Provisions: 723.69 amended; Ord. , Eff. 5/30/2013. Zoning Control Table: former categories 723.38 and 723.39 redesignated as 723.36 and 723.37 and amended; Ord. , Eff. 1/25/2014. Zoning Control Table: 723.26 and 723.49 amended; Specific Provisions: 723.54 amended; Ord. , Eff. 12/26/2014. Zoning Control Table: 723.92b added; Ord. , Eff. 3/15/2015. Zoning Control Table: 723.14, 723.15, 723.16, and 723.17 amended; Ord. , Eff. 3/22/2015. Section redesignated (formerly Sec. 723.1); Zoning Control Table: 723.54, 723.91, and 723.92 amended; Ord. , Eff. 4/25/2015. Introductory material amended; Zoning Control Table: 723.91 amended; Specific Provisions: 723.91 added; Ord. , Eff. 10/18/2015. Zoning Control Table: former categories 723.36 and 723.37 deleted, 723.96 and 723.97 added; Ord. , Eff. 4/10/2016. Specific Provisions: 723.91 amended; Ord. , Eff. 9/3/2016. Zoning Control Table: 723.33A 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 * added; Note (1) deleted; Ord. , Eff. 10/15/2017. Divisions (a), (b), and (b)(1) designated and amended; divisions (b)(2)-(4) added; Zoning Control Table amended; Note (7) added; Ord. , Eff. 12/3/2017. Zoning Control Table amended; Ord. , Eff. 1/5/2018. Zoning Control Table amended; Note (1) added; Ord. , Eff. 6/9/2018. 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; Ord. , Eff. 9/9/2019. Division (b)(5) added; Zoning Control Table amended; Ord. , Eff. 9/9/2019. Zoning Control Table and Note (4) amended; Ord. , Eff. 5/25/2020. Zoning Control Table amended; Note (8) added; Ord. , Eff. 6/22/2020.

CODIFICATION NOTE

1. So in Ord. .