§ 249.35A.

FULTON STREET GROCERY STORE SPECIAL USE DISTRICT

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, 015 and 028 of Assessor’s Block 0794 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 and of a building height not permitted by the established height limitations in the surrounding NCT district.

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.

c.

Application. This special use district shall apply only to projects that meet all of the following standards:

1.

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.

1.

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

2.

Any commercial uses in addition to the grocery store may not exceed 3,000 square feet of occupied floor area per use.

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 store shall include Trade Shop (Planning Code Section 790.124), Other Institutions, Large (Planning Code Section 790.50), Other Institutions, Small (Planning Code Section 790.51), and Public Use (Planning Code Section 790.80), except that Other Retail Sales and Services (Planning Code Section 790.102) may be permitted provided that no individual tenant occupies more than 3,000 square feet of gross floor area.

5.

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 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.

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 percent 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 Ordinance. 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 between May 4, 2008 and January 1, 2019.

AMENDMENT HISTORY

History

(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)

Divisions (b) and (d)(4) amended; new division (d)(5) added; division (e) amended; Ord. 4-14 , Eff. 3/6/2014.

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