Article 6

(i) Where a Business or Identifying Sign is permitted pursuant to Article 6, such Business or Identifying Sign may be, but is not required to be, a Neon Sign.

(ii) For a Residential Hotel, a Neon Identifying Sign must satisfy either of the following dimensional requirements:

a. a Sign that is not a projecting Sign shall not exceed 40 square feet in area; or

b. the dimensions of a projecting Sign shall not exceed 25 feet in height and 5 feet in width.

(iii) A Neon Sign may not have any physically moving parts.

(iv) A Neon Sign may not include flashing or blinking features, except that such Signs may include animated features.

(v) Neon Signs shall be subject to any design standards adopted by the Planning Commission, which shall promote compatibility of Neon Signs with the aesthetics and historic character of the surrounding neighborhood.

(vi) A nonconforming Neon Sign may be physically detached from the building for any required off-site repairs and maintenance, except that such maintenance and repairs shall not include replacement, alteration, reconstruction, relocation, intensification, or expansion of the Neon Sign. After the off-site repair and maintenance work is complete, the Neon Sign may be reinstalled at the premises in the same location where the Neon Sign was previously affixed.

(C) Signs permitted pursuant to this subsection (c)(11) shall be subject to all other provisions of the Planning Code, as may be amended from time to time, except as specified in this Section 249.5.

(d) Liquor Establishments. In addition to all other applicable controls set forth in this Code, Liquor Establishments in the North of Market Residential Special Use District shall be subject to the controls set forth in this Section.

(1) No Off-Sale Liquor Establishments shall be permitted in the North of Market Residential Special Use District.

(2) An Off-Sale Liquor Establishment lawfully existing in the North of Market Residential Special Use District and selling alcoholic beverages as licensed by the State of California prior to the effective date of this legislation may continue operation only under the following conditions, as provided by California Business and Professions Code Section 23790:

(A) The premises shall retain the same type of retail liquor license within a license classification; and

(B) The licensed premises shall be operated continuously without substantial change in mode or character of operation.

(3) The prohibition on Off-Sale Liquor Establishments shall not be interpreted to prohibit the following, provided that the type of California liquor license does not change, the location of the establishment does not change, and the square footage used for the display and sale of alcoholic beverages does not increase:

(A) A change in ownership of an Off-Sale Liquor Establishment or an owner-to-owner transfer of a California liquor license; or

(B) Re-establishment, restoration or repair of an existing Off-Sale Liquor Establishment on the same lot after total or partial destruction or damage due to fire, riot, insurrection, toxic accident or act of God; or

(C) Temporary closure of an existing Off-Sale Liquor Establishment for not more than ninety (90) days for repair, renovation or remodeling.

(4) The prohibition on Off-Sale Liquor Establishments shall not be interpreted to prohibit the following:

(A) Temporary uses, as described in Planning Code Section 205.1; or

(B) Establishment of an Off-Sale Liquor Establishment if application for such Off-Sale Liquor Establishment is on file with the California Department of Alcoholic Beverage Control prior to the effective date of this legislation; or

(C) Re-location of an existing Off-Sale Liquor Establishment in the North of Market Residential Special Use District to another location within the North of Market Residential Special Use District with conditional use authorization from the Planning Commission, provided that (i) the type of California liquor license does not, change, (ii) the square footage used for the display and sale of alcoholic beverages does not increase, and (iii) the original premises shall not be occupied by an Off-Sale Liquor Establishment unless by another Off-Sale Liquor Establishment that is also relocating

from within the North of Market Residential Special Use District. Any such conditional use authorization shall include a requirement that the establishment comes with the "Good Neighbor Policies" set forth in Subsection (d)(6) below; or

(D) A change in liquor license from a Type 21 (Off-Sale General) to a Type 20 (Off-Sale Beer and Wine), provided that the square footage used for the display and sale of alcoholic beverages does not increase.

(5) The prohibition on Off-Sale Liquor Establishments shall be interpreted to prohibit the transfer of any California Alcoholic Beverage Control Board off-sale liquor license from a location outside of the North of Market Residential Special Use District to a location within the North of Market Residential Special Use District or the issuance of any original California Alcoholic Beverage Control Board off-sale liquor license for a location within the North of Market Residential Special Use District.

(6) The following "Good Neighbor Policies" shall apply to all Liquor Establishments in the North of Market Residential Special Use District in order to maintain the safety and cleanliness of the premises and vicinity:

(A) Employees of the establishment shall walk a 100-foot radius from the premises some time between 30 minutes after closing time and 8:00 a.m. the following morning, and shall pick up and dispose of any discarded beverage containers and other trash left by patrons;

(B) The establishment shall provide outside lighting in a manner sufficient to illuminate street and sidewalk areas and adjacent parking, as appropriate to maintain security, without disturbing area residences;

(C) No alcoholic beverages shall be consumed on any outdoor property adjacent to the establishment and which is under the control of the establishment, excepting those areas of the property that are enclosed and not visible from the sidewalk. are intended for patron services, are supervised by the establishment, and are not located adjacent to any sidewalk areas;

(D) No more than 33 percent of the square footage of the windows and clear doors of the establishment shall bear advertising or signage of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises. This requirement shall not apply to premises where there are no windows, or where existing windows are located at a height that precludes a view of the interior of the premises to a person standing outside the premises;

(E) No person under the age of 21 shall sell or package alcoholic beverages;

(F) Employees of the establishment shall regularly police the area under the control of the establishment in an effort to prevent the loitering of persons about the premises; and

(G) The establishment shall promptly remove any graffiti from the exterior of the premises.

• (7) For purposes of this Section, the following definitions shall apply:

(A) "Liquor Establishment" shall mean any enterprise selling alcoholic beverages pursuant to a California Alcoholic Beverage Control Board license.

(B) "Off-Sale Liquor Establishment" shall mean a Liquor Store, as defined in Section 102 of this Code.

(C) "Alcoholic Beverages" shall mean "alcoholic beverages," as defined by California Business and Professions Code Sections 23004 and 23025.

(D) "Sell" or "Sale" shall mean and include any retail transaction whereby, for any consideration, an alcoholic beverage is transferred from one person to another.

(e) Fringe Financial Services. In addition to all other applicable controls set forth in this Code, properties in the North of Market Residential Special Use District are within the Fringe Financial Service Restricted Use District established by Section 249.35 and are subject to the controls and exemptions set forth in Section 249.35.

(f) Tobacco Paraphernalia Establishments. A special definition of “Tobacco Paraphernalia Establishments” applicable to the North of Market Residential Special Use District is set forth in Section 102. Tobacco Paraphernalia Establishments are not permitted in the North of Market Residential Special Use District. In the North of Market Residential Special Use District, a legal non-conforming Tobacco Paraphernalia Establishment shall be deemed abandoned after 180 days of non-use.

rnalia Establishments” applicable to the North of Market Residential Special Use District is set forth in Section 102. Tobacco Paraphernalia Establishments are not permitted in the North of Market Residential Special Use District. In the North of Market Residential Special Use District, a legal non-conforming Tobacco Paraphernalia Establishment shall be deemed abandoned after 180 days of non-use.

(Added by Ord. 165-85, App. 3/28/85; amended by Ord. 287-85, App. 6/6/85; Ord. 345-87, App. 8/21/87; Ord. 292-98, App. 10/2/98; Ord. 55-99, File No. 982065, App. 4/2/99; Ord. 260-07, File No. 070617, App. 11/14/2007; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 90-16 , File No. 151280, App. 5/27/2016, Eff. 6/26/2016; Ord. 206-22, File No. 220643, App. 10/6/2022, Eff. 11/6/2022; Ord. 70-24, File No. 231225, App. 4/5/2024, Eff. 5/6/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026)

AMENDMENT HISTORY

Former division (c)(3) deleted and former divisions (c)(4)-(14) redesignated as (c)(3)-(13); current division (c)(5) amended; Ord. 56-13 , Eff. 4/27/2013. Divisions (a), (c)(2), (c)(3)(A), (c)(3)(B), and (c)(4) amended; former division (c) (5) deleted and former divisions (c)(6)-(9) redesignated as (c)(5)-(8); former divisions (c)(10) and (c)(11) deleted and former divisions (c)(12) and (c)(13) redesignated as (c)(9) and (c)(10); division (d)(7)(B) amended; Ord. 22-15, Eff. 3/22/2015. Division (c)(3)(B) amended; divisions (c)(3)(B)(i)-(iii) added; Ord. 90-16 , Eff. 6/26/2016. Division (b) amended; divisions (c)(11)-(c)(11)(C) added; Ord. 206-22, Eff. 11/6/2022. Division (f) added; Ord. 70-24, Eff. 5/6/2024. Division (a) amended; Ord. 297-24, Eff. 1/19/2025. Division (c)(2) amended; Ord. 1-26, Eff. 2/8/2026. Division (c)(7) deleted; divisions (c)(8)-(11) redesignated as (c)(7)-(10); current division (c)(9) amended; Ord. 13-26, Eff. 3/16/2026.

(a) Purpose. In order to provide for the consideration of a neighborhood-serving grocery store of moderate size in a location accessible to the Hayes Valley and Western Addition neighborhoods, there shall be a Fulton Street Grocery Store Special Use District, consisting of Lots 001 and 058 through 198, inclusive of Assessor’s Block 0794, between Laguna and Octavia Streets, as designated on Sectional Map 2SU of the Zoning Map. This Special Use District would enable the consideration of a project containing a grocery store in a district that does not permit such uses. This Special Use District would conditionally permit a grocery store that is a formula retail use, in order to allow consideration of a grocery store that is affordable to the neighborhood. This one-time lift of the ban on formula retail is intended to support an affordable grocery store that is committed to serving and hiring from the neighborhood. According to the U.S. Census Bureau’s 2017 American Community Survey, the median household income in the surrounding neighborhood is $24,041, and over onethird of residents in the neighborhood live below the poverty line.

(b) Definition. “Grocery Store” shall mean a retail use that provides fresh produce and other unprepared perishable food products (such as dairy, fish, grains), in addition to other general groceries, personal items, household goods, and similar goods. The term “Grocery Store” includes General Grocery and Specialty Grocery uses.

(c) Application. This Special Use District shall apply only to projects that meet all of the following standards:

(1) The project is mixed-use, with both commercial and residential uses;

(2) Commercial uses include a Grocery Store larger than 15,000 square feet of gross occupied floor area; and

(3) Residential uses achieve a density of not less than 1 unit per 600 square feet of lot area.

(d) Controls. The following controls apply to projects meeting the criteria of subsection (c) and to any subsequent alterations or changes of use in a building approved under this Section 249.35A.

(1) The controls of the Hayes-Gough NCT apply in their entirety, except as specified in this Section.

(2) All formula retail uses are prohibited, except for a Grocery Store, which may be permitted as a formula retail use, as defined in Section 303.1, through Conditional Use Authorization pursuant to Section 303.1. Pursuant to the Planning Code, any such formula retail Grocery Store shall be subject to all provisions of Section 303.1, including but not limited to subsection (j) of Section 303.1.

(3) Accessory off-street parking shall not be permitted for any commercial use except the Grocery Store.

(4) All subsequent changes of use shall require Conditional Use authorization from the Planning Commission. The only Non-Residential Uses that may be permitted in the space initially approved for a Grocery tore1 shall include Trade Shop and Institutional Uses, excluding Medical Cannabis Dispensaries, and Hospitals, except that General Retail Sales and Services, Pharmacy, or General or Specialty Grocery uses may be permitted.

(5) In addition to the standard criteria for Conditional Use authorization, as set forth in Sections 303 and, if applicable, 303.1, a project sponsor proposing a Grocery Store shall also present information about the affordability of food for the Commission’s consideration. The Commission shall consider such information, as well as whether the project sponsor can demonstrate that the proposed Grocery Store will accept payment assistance, as set forth below.

(A) Acceptance of Payment Assistance. The project sponsor shall describe the proposed Grocery Store’s commitment to accept payment from individuals through assistance programs including but not limited to the United States Department of Agriculture’s (USDA) Supplemental Nutritional Assistance Program (SNAP), the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), and other similar public assistance programs.

(B) Food Affordability Projection. The project sponsor shall prepare a projection of food affordability at the proposed location and submit it for review by the Planning Commission. The projection shall consist of current retail pricing for a sampling of everyday grocery items that represent all categories within the market basket of foods maintained by the USDA’s Center for Nutrition Policy and Promotion for their Official USDA Food Plans.

(6) Signs shall be subject to the requirements of Article 6 of this Code, except that allowable business signs for the Grocery Store shall be limited to the following:

(A) Window Signs. The total area of all window signs, as set forth in Section 602.1(b), shall not exceed 10% of the area of the window on or in which the signs are located. Such signs may be non-illuminated.

(B) Wall Signs. The total area of all wall signs shall not exceed 40 square feet on the Fulton Street frontage occupied by the use, and 40 square feet on the Laguna Street frontage occupied by the use. The height of any wall sign shall not exceed 24 feet, or the height of the wall to which it is attached, or the height of the lowest of any residential windowsill on the wall to which the sign is attached, whichever is lower. Such signs may be non-illuminated or indirectly illuminated.

ulton Street frontage occupied by the use, and 40 square feet on the Laguna Street frontage occupied by the use. The height of any wall sign shall not exceed 24 feet, or the height of the wall to which it is attached, or the height of the lowest of any residential windowsill on the wall to which the sign is attached, whichever is lower. Such signs may be non-illuminated or indirectly illuminated.

(C) Projecting Signs. The number of projecting signs shall not exceed one per business. The area of such sign, as set forth in Section 602.1(a), shall not exceed 24 square feet. The height of such sign shall not exceed 24 feet, or the height of the wall to which it is attached, or the height of the lowest of any residential windowsill on the wall to which the sign is attached, whichever is lower. No part of the sign shall project more than 75% of the horizontal distance from the street property line to the curbline, or six feet six inches, whichever is less. Such signs may be non-illuminated or indirectly illuminated.

(D) Signs on Awnings and Marquees. Sign copy may be located on permitted awnings or marquees in lieu of wall signs. The area of such sign copy as set forth in Section 602.1(c) shall not exceed 40 square feet on the Fulton Street frontage occupied by the use, and 40 square feet on the Laguna Street frontage occupied by the use. Such sign copy may be non-illuminated or indirectly illuminated.

(E) Freestanding Signs and Sign Towers. Freestanding signs or sign towers per lot shall not be permitted.

(e) Effectiveness of Controls in this Special Use District. The controls of this Section 249.35A shall apply only to a Grocery Store that the Planning Commission approves pursuant to the requirements of this Section 249.35A within 5 years of the effective date of the ordinance in Board File No. 190839 amending this Section.

(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; amended by Ord. 4-14 , File No. 131085, App. 2/4/2014, Eff. 3/6/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 254-19, File No. 190839, App. 11/15/2019, Eff. 12/16/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021)

AMENDMENT HISTORY

Divisions (b) and (d)(4) amended; new division (d)(5) added; division (e) amended; Ord. 4-14 , Eff. 3/6/2014. Divisions (a), (b), and (c)(2) amended; Ord. 22-15, Eff. 3/22/2015. Division (d)(4) amended; Ord. 129-17, Eff. 7/30/2017. Divisions (a)-(d), (d)(2)-(d)(4), and (e) amended; new divisions (d)(5)-(d)(5)(B) added; former divisions (d)(5)-(d)(5)(E) redesignated as (d)(6)-(d)(6)(E); Ord. 254-19, Eff. 12/16/2019. Division (d)(4) amended; Ord. 63-20, Eff. 5/25/2020. Division (e) amended; Ord. 136-21, Eff. 9/4/2021. CODIFICATION NOTE

1. So in Ord. 254-19.

Editor's Note:

This section originally was designated 249.34 when enacted by Ord. 72-08. The section was redesignated by the editor in order to avoid conflicting with previously existing material. This section subsequently has been amended multiple times under its current number, as documented in the history note above.

In recognition of existing large parcels where a limitation on office square footage per lot would be proportionally inappropriate, to accommodate office space for activities that require space outside of downtown, to provide affordable office space to small firms and organizations which may be engaged in incubator businesses and microenterprises, and to accommodate office space in relation to the agglomeration of internal, telecommunications and related utility uses in the immediate area, there shall be a Design and Development Special Use District applied to certain portions of the South Basin area west of Third Street, and to parcels on Third Street near the intersections of Cargo Way, Custer Avenue, Davidson Avenue, Evans Avenue, and Egbert Avenue, as shown on Sectional Map 10 SU of the Zoning Map. The following provisions shall apply within such special use district:

(a) Except as described below, the specific use definitions and controls for PDR-1 and PDR-2 Districts, as detailed in the District's Zoning Control Table, shall apply to lots within this Design and Development SUD, including the accessory use provisions contained in Section 204.3 of this Code.

(b) Any Office use is permitted, limited to a floor area ratio of 0.25 of gross floor area to 1 square foot of lot area notwithstanding the office use size limitations of the PDR-2 District. In no case shall office use be limited to less than the size allowed in a PDR-2 District as detailed in the District's Zoning Control Table; nor shall it exceed a total of 50,000 square feet of gross floor area per lot.

(c) An Office use above the amount permitted in Section 249.35B(b) of this Code is permitted provided that it shall be limited to the following activities:

• (1) design activities, including but not limited to architectural, graphic, interior, product, and industrial design;

• (2) Business Service as defined in Section 102 of this Code;

• (3) ancillary office activities related to internet, telecommunications, electronic networking or data storage service and maintenance;

• (4) digital media and arts.

(d) For all Office use square footage greater than the amount permitted under 249.35B(b), a Notice of Special Restriction shall be executed by the Zoning Administrator and recorded in the Office of the County Recorder, specifying that the office activities are limited to the uses permitted under Planning Code Section 249.35B(c).

(e) For all Office use square footage greater than the amount permitted under 249.35B(b) of this Code, each individual business shall be limited to 5,000 square feet of gross floor area.

• (f) Off-street parking spaces shall be provided in the minimum amounts as follows:

• (1) for Office uses permitted under Section 249.35B(b), according to Table 151.1 of this Code;

• (2) for office uses permitted under Section 249.35B(c), 1 space for every 2,500 square feet of occupied floor area. (Added by Ord. 99-08, File No. 080339, App. 6/11/2008; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff.

3/22/2015; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026) AMENDMENT HISTORY

Divisions (a), (b), and (c)(2) amended; Ord. 22-15, Eff. 3/22/2015. Division (f)(1) amended; Ord. 245-25, Eff. 1/12/2026. Editor's Note:

This section originally was designated 249.34 when enacted by Ord. 72-08 and was redesignated by the editor in order to avoid conflicting with previously existing material. This section subsequently has been amended under its current number, as documented in the history note above.

(Added by 302-08, File No. 081333, App. 12/19/2008; amended by Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; redesignated as Sec. 249.38 and amended by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

(Added by Ord. 248-09, File No. 090388, App. 12/3/2009; repealed by Ord. 15-14, File No. 131086, App. 2/14/2014, Eff. 3/16/2014)

Editor's Notes:

This section originally was designated 249.41 when enacted by Ord. 248-09, approved 12/3/2009. The section was redesignated by the editor in order to avoid conflicting with previously existing material. The section was repealed under its current section number as shown in the history note above.

For current provisions relating to the 1500 Page Street Affordable Housing Special Use District, see Sec. 249.47.