§ 725. UNION STREET NEIGHBORHOOD COMMERCIAL DISTRICT.  


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  • The Union Street Commercial District is located in northern San Francisco between the Marina and Pacific Heights neighborhoods. The district lies along Union Street between Van Ness Avenue and Steiner, including an arm extending north on Fillmore Street to Lombard. The shopping area provides limited convenience goods for the residents of sections of the Cow Hollow, Golden Gate Valley, and Pacific Heights neighborhoods immediately surrounding the street. Important aspects of Union Street's business activity are eating and drinking establishments and specialty shops whose clientele comes from a wide trade area. There are also a significant number of professional, realty, and business offices. Many restaurants and bars as well as the district's two movie theaters are open into the evening hours, and on weekends the street's clothing, antique stores and galleries do a vigorous business.
    The Union Street District controls are designed to provide sufficient growth opportunities for commercial development that is in keeping with the existing scale and character, promote continuous retail frontage, and protect adjacent residential livability. Small-scale buildings and neighborhood-serving uses are promoted, and rear yards above the ground story and at all residential levels are protected. Most commercial development is permitted at the first two stories of new buildings, while retail service uses are monitored at the third story and above. Controls are necessary to preserve the remaining convenience businesses and to reduce the cumulative impacts which the growth of certain uses have on neighborhood residents. Such controls prohibit additional drinking establishments and limit additional eating establishments, entertainment, and financial service uses. Most automobile and drive-up uses are prohibited in order to maintain continuous retail frontage and minimize further traffic congestion.
    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 725. UNION STREET NEIGHBORHOOD COMMERCIAL DISTRICT
    ZONING CONTROL TABLE
    Union 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)
    None
    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
    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
    Development Standards
    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(6)2
    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 600 square foot lot area or the density permitted in the nearest R District, whichever is greater.
    Group Housing
    § 208
    1 bedroom per 210 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
    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 of Dwelling Units
    Controls by Story
    1st
    2nd
    3rd+
    Residential Conversion
    § 317
    C
    C
    C
    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
    3.0 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)
    NP
    NP
    NP
    Cannabis Retail
    §§ 102, 202.2(a)
    C
    C
    NP
    Flexible Retail
    § 102
    NP
    NP
    NP
    Gym
    § 102
    P
    P
    C
    Hotel
    § 102
    C
    C
    C
    Kennel
    § 102
    C
    NP
    NP
    Liquor Store
    § 102
    C
    NP
    NP
    Massage Establishment
    § 102
    C(1)
    C(1)
    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)
    C
    NP
    NP
    Services, Financial
    § 102
    P
    C
    NP
    Services, Fringe Financial
    § 102
    NP(4)
    NP(4)
    NP(4)
    Services, Health
    § 102
    P
    P
    C
    Services, Instructional
    § 102
    P
    P
    C
    Services, Limited Financial
    § 102
    P
    NP
    NP
    Services, Personal
    § 102
    P
    P
    C
    Services, Retail Professional
    § 102
    P
    P
    C
    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
    C
    Trade Office
    § 102
    P
    P
    C
    Utility and Infrastructure Use Category
    Utility and Infrastructure*
    § 102
    C(5)
    C(5)
    C(5)
    Power Plant
    § 102
    NP
    NP
    NP
    Public Utilities Yard
    § 102
    NP
    NP
    NP
    * Not listed below
    (1) Any Massage Establishment that has continually operated without the benefit of a building permit within the Union Street NCD since prior to December 31, 2017 shall not require a Conditional Use authorization to legally establish the Massage Establishment. However, such establishments must file a building permit application by May 1, 2020 to legally establish the Massage Establishment use, and such building permit application will be subject to neighborhood notification pursuant to Planning Code Section 311.
    (2) [Note deleted.]
    (3) UNION STREET RESTAURANTS:
    Applicability: The following controls apply to new uses as well to significant alterations, modifications, and intensifications of existing uses pursuant to § 178(c) of the Planning Code.
    Controls: The Planning Commission may approve a Restaurant if in addition to meeting the criteria set forth in Section 303, 1: the use is located on the ground floor, and 2: the Planning Commission finds that an additional Restaurant would not result in a net total of more than 44 Restaurants in the Union Street Neighborhood Commercial District. The Planning Department shall apply Article 7 zoning controls for Union Street Restaurants to Conditional Use authorizations required by Planning Code § 178, including but not limited to significant alterations, modifications, and intensifications of use. No new alcoholic beverage license type 47 or 49 shall be permitted in the Union Street NCD. Transfer of an existing license type 47 or 49 from an existing Restaurant located within the Union Street NCD to another Restaurant, new or existing, located within the Union Street NCD is permitted with Conditional Use authorization, consistent with the requirements of Planning Code Section 303.
    (4) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD)
    Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, the Union Street 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).
    (5) C if a Macro WTS Facility; P if a Micro WTS Facility.
    (6)2 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. 8-09, File No. 080872, App. 1/16/2009; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 98-09, File No. 090274, App. 6/19/2009; 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. 120773, App. 10/9/2012, Eff. 11/8/2012; 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. 180053, App. 9/21/2018, Eff. 10/22/2018; 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: 725.69C and 725.69D added; Ord. , Eff. 5/20/2011. Zoning Control Table: 725.10, 725.17, and 725.42 amended; Specific Provisions: 725.68 added; Ord. , Eff. 8/4/2011. Zoning Control Table: 725.43 and 725.44 amended, former categories 725.42, 725.67, and 725.69A deleted; Specific Provisions: 725.44 amended, 725.44, 725.69B deleted; Ord. , Eff. 5/23/2012. Zoning Control Table: 725.43 and 725.69B amended; Specific Provisions: 725.44 amended; Ord. , Eff. 11/8/2012. Zoning Control Table: 725.13 and 725.69B amended; Specific Provisions: 725.44 amended; Ord. , Eff. 4/27/2013. Zoning Control Table: former categories 725.38 and 725.39 redesignated as 725.36 and 725.37 and amended; Ord. , Eff. 1/25/2014. Zoning Control Table: 725.26 and 725.49 amended; Ord. , Eff. 12/26/2014. Zoning Control Table: 725.92b added; Ord. , Eff. 3/15/2015. Zoning Control Table: 725.14, 725.15, 725.16, and 725.17 amended; Ord. , Eff. 3/22/2015. Section redesignated (formerly Sec. 725.1); Zoning Control Table: 725.54, 725.91, and 725.92 amended; Ord. , Eff. 4/25/2015. Zoning Control Table: former categories 725.36 and 725.37 deleted, 725.96 added; Ord. , Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 725.91 amended; Specific Provisions: 725.91 added; Ord. , Eff. 9/3/2016. Zoning Control Table: 725.33A 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. Zoning Control Table amended; Ord. , Eff. 9/10/2018. Zoning Control Table amended; Note (1) added; Ord. , Eff. 10/22/2018. 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. Zoning Control Table and Note (4) amended; Ord. , Eff. 5/25/2020. Zoning Control Table amended; Note (6)2 added; Ord. , Eff. 6/22/2020.
    CODIFICATION NOTES
    1. So in Ord. .
    2. Note “(6)” is referenced as “(5)” in Ord. . The note was redesignated by the codifier because a note designated as “(5)” previously had been added to this section by Ord. 129-17.