§ 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT.
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- (a) Background. The Pacific Avenue Neighborhood Commercial District, on Pacific Avenue from just east of Polk Street to all four corners of Pacific Avenue and Jones Street, is situated on the north slope of the Nob Hill neighborhood and south of the Broadway Tunnel. Pacific Avenue is a multi-purpose, small-scale mixed-use neighborhood shopping district on a narrow street that provides limited convenience goods to the adjacent neighborhoods.(b) Controls.(1) Purposes. The Pacific Avenue Neighborhood Commercial District controls are designed to promote a small, neighborhood serving mixed-use commercial street that preserves the surrounding neighborhood residential character. These controls are intended to preserve livability in a largely low-rise development residential neighborhood, enhance solar access on a narrow street right-of-way, and protect residential rear yard patterns at the ground floor. Accessory Dwelling Units are permitted within the district pursuant to subsection 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) 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.(4) Neighborhood Commercial Design Guidelines. The construction of new buildings and alteration of existing buildings in the Pacific Avenue Neighborhood Commercial 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 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT
ZONING CONTROL TABLEPacific Avenue NCDZoning Category§ ReferencesControlsBUILDING STANDARDSMassing and SetbacksHeight and Bulk Limits.40-X. See Height and Bulk Map Sheets HT01 and HT02 for more information. Height sculpting required on Alleys per § 261.1.5 Foot Height Bonus for Active Ground Floor Uses§ 263.20NPRear YardRequired at Grade level and at each succeeding level or Story: 45% of lot depth, averaging not permitted.Front Setback and Side YardNot Required.Street Frontage and Public RealmStreetscape and Pedestrian Improvements§ 138.1RequiredStreet Frontage Requirements§ 145.1Required; 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§ 145.4Not RequiredVehicular Access Restrictions§ 155(r)NoneMiscellaneousLot Size (Per Development)P up to 2,499 square feet; C 2,500 square feet and abovePlanned Unit Development§ 304CAwning, Canopy or Marquee§ 136.1PSignsAs permitted by § 607.1General Advertising SignsNPDesign GuidelinesGeneral Plan Commerce and Industry Element and the Polk/Pacific Special Area Design GuidelinesSubject to the Urban Design Guidelines and the Polk/Pacific Special Area Design GuidelinesZoning Category§ ReferencesControlsRESIDENTIAL STANDARDS AND USESDevelopment StandardsUsable Open Space [Per Dwelling Unit]100 square feet per unit if private, or 133 square feet per unit if commonOff-Street Parking RequirementsDwelling Unit MixNo 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 CharacteristicsIntermediate Length OccupancyP(7)Single Room Occupancy§ 102PStudent Housing§ 102PResidential UsesControls By Story1st2nd3rd+Residential Uses§ 102PPPAccessory Dwelling UnitDwelling Units1 unit per 1,000 square foot lot area, or the density permitted in the nearest R District, whichever is greater.Group Housing§ 2081 bedroom per 275 square foot lot area, or the density permitted in the nearest R District, whichever is greater.Homeless SheltersDensity limits regulated by the Administrative CodeSenior HousingP 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 UnitsControls by Story1st2nd3rd+Residential Conversion§ 317NPNPNPResidential Demolition§ 317NPNPNPResidential Merger§ 317NPNPNPDivision of Dwelling Units§ 207.8Division of existing Dwelling Units P per §207.8.Zoning Category§ ReferencesControlsNON-RESIDENTIAL STANDARDS AND USES (6)Development StandardsFloor Area Ratio1.5 to 1Use SizeP up to 1,999 square feet; C 2,000 square feet and aboveOff-Street Parking RequirementsOff-Street Freight LoadingCommercial Use CharacteristicsDrive-up Facility§ 102NPFormula RetailCHours of Operation§ 102P 6 a.m. - 10 p.m.; C 10 p.m. - 2 a.m.; NP 2 a.m. to 6 a.m.Maritime Use§ 102NPOpen Air SalesSee § 703(b)Outdoor Activity AreaP if located in front; C if located elsewhereWalk-up Facility§ 102PControls by Story1st2nd3rd+Agricultural Use CategoryAgriculture, IndustrialNPNPNPAgriculture, Large Scale UrbanCCCAgriculture, NeighborhoodPPPAutomotive Use CategoryAutomotive Uses*NPNPNPAutomotive Repair§ 102CNPNPParking Garage, Private§ 102CNPNPParking Garage, Public§ 102CNPNPParking Lot, PrivateCNPNPParking Lot, PublicCNPNPEntertainment, Arts and Recreation Use CategoryEntertainment, Arts and Recreation Uses*§ 102NPNPNPOpen Recreation Area§ 102CNPNPPassive Outdoor Recreation§ 102CNPNPIndustrial Use CategoryIndustrial UsesNPNPNPInstitutional Use CategoryInstitutional Uses*NPNPNPChild Care Facility§ 102PPPMedical Cannabis DispensaryDRDRNPPublic Facilities§ 102CNPNPResidential Care Facility§ 102CPPSales and Service Use CategoryRetail Sales and Service Uses*PCNPAdult Business§ 102NPNPNPAnimal Hospital§ 102NPNPNPBarNPNPNPCannabis RetailCCNPFlexible Retail§ 102NPNPNPHotel§ 102NPNPNPKennel§ 102NPNPNPLiquor Store§ 102NPNPNPMassage Establishment§ 102NPNPNPMassage, Foot/Chair§ 102NPNPNPMortuary§ 102NPNPNPMotelNPNPNPRestaurantCNPNPRestaurant, LimitedPNPNPServices, Financial§ 102PNPNPServices, Fringe Financial§ 102NP(4)NP(4)NP(4)Services, Health§ 102NPCNPServices, Limited Financial§ 102PNPNPStorage, Self§ 102NPNPNPTobacco Paraphernalia Establishment§ 102CNPNPTrade Shop§ 102CNPNPNon-Retail Sales and Service*§ 102NPNPNPDesign Professional§ 102PCNPTrade Office§ 102PCNPUtility and Infrastructure Use CategoryUtility and Infrastructure*§ 102CNPNPPower Plant§ 102NPNPNPPublic Utilities Yard§ 102NPNPNPWireless Telecommunications Services Facility§ 102C(5)C(5)C(5)* Not listed below(1) [Note deleted.](2) [Note deleted.](3) [Note deleted.](4) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD)Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, the Pacific Avenue Neighborhood Commercial District.(5) C if a Macro WTS Facility; P if a Micro WTS Facility.(6) REPLACEMENT OF LEGACY BUSINESSES REQUIRES CONDITIONAL USE AUTHORIZATION. Where an immediately prior use was a Legacy Business, as defined under Administrative Code Section2A.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.(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. 298-08, File No. 081153, App. 12/19/2008; Ord. 51-09, File No. 081620, App. 4/2/2009; 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. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. , File No. 120880, App. 1/24/2013, Eff. 2/23/2013; Ord. , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. , File No. 130459, App. 8/7/2013, Eff. 9/6/2013; 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. 150804, 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; renamed and amended in full by Ord. , File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by 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. 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. 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 HISTORYZoning Control Table: 726.69C and 726.69D added; Ord. , Eff. 5/20/2011. Table titles amended; Zoning Control Table: 726.13 added, 726.10 and 726.17 amended; Ord. , Eff. 8/4/2011. Zoning Control Table: title amended [identical amendment previously had been made by Ord. ]; Ord. , Eff. 11/3/2011. Zoning Control Table: 726.43 and 726.44 amended; former categories 726.42, 726.67, and 726.69A deleted; Ord. , Eff. 5/23/2012. Zoning Control Table: 726.52 amended; Ord. , Eff. 2/23/2013. Zoning Control Table: 726.13, 726.13a, 726.13b, 726.13c, 726.54, and 726.69B amended; Specific Provisions: 726.54 added; Ord. , Eff. 4/27/2013. Zoning Control Table: 726.44 amended; Specific Provisions: "Ground Floor Conversion" entry added; Ord. , Eff. 9/6/2013. Zoning Control Table: former categories 726.37, 726.38, and 736.39 redesignated as 726.36, 726.37, and 726.38 and amended, new category 726.39 added; Ord. , Eff. 1/25/2014. Zoning Control Table: 726.26 amended; Specific Provisions: 726.54 amended; Ord. , Eff. 12/26/2014. Zoning Control Table: 726.92b added; Ord. , Eff. 3/15/2015. Zoning Control Table: 726.14, 726.15, 726.16, and 726.17 amended; Ord. , Eff. 3/22/2015. Section redesignated (formerly Sec. 726.1); Zoning Control Table: 726.54, 726.91, and 726.92 amended; Ord. , Eff. 4/25/2015. Zoning Control Table: former categories 726.36, 726.37, 726.38, and 726.39 deleted, 726.96, 726.97, and 726.98 added; Ord. , Eff. 4/10/2016. Specific Provisions: 726.91 amended; Ord. , Eff. 9/3/2016. Zoning Control Table: 726.33A added; Ord. , Eff. 9/10/2016. Section renamed and amended in full; 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. Divisions (a), (b), and (b)(1) designated; divisions (b)(2) and (b)(3) added; Zoning Control Table amended; Note (6) added; Ord. , Eff. 12/3/2017. Zoning Control Table amended; Ord. , Eff. 1/5/2018. 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. Division (b)(4) added; Zoning Control Table amended; Ord. , Eff. 9/9/2019. Zoning Control Table and Note (4) amended; Note (3) deleted; Ord. , Eff. 5/25/2020. Zoning Control Table amended; Note (7) added; Ord. , Eff. 6/22/2020.CODIFICATION NOTE1. So in Ord. .