§ 249.5.

NORTH OF MARKET RESIDENTIAL SPECIAL USE DISTRICT

a.

General. A special use district entitled the “North of Market Residential Special Use District,” which includes RC-4 and P Use Districts, the boundaries of which are shown on Sectional Map No. 1SUb of the Zoning Map, is hereby established for the purposes set forth below.

b.

Purposes. In order to protect and enhance important housing resources in an area near downtown, conserve and upgrade existing low and moderate income housing stock, preserve buildings of architectural and historic importance and preserve the existing scale of development, maintain sunlight in public spaces, encourage new infill housing at a compatible density, limit the development of tourist hotels and other commercial uses that could adversely impact the residential nature of the area, and limit the number of commercial establishments which are not intended primarily for customers who are residents of the area, the following controls are imposed in the North of Market Residential Special Use District.

c.

Controls. The following zoning controls are applicable in the North of Market Residential Special Use District. Certain controls are set forth in other Sections of this Code and are referenced herein.

1.

Conditional Use Criteria. In making determinations on applications for conditional use authorizations required for uses located within the North of Market Residential Special Use District, the Planning Commission shall consider the purposes as set forth in Subsection (b) above, in addition to the criteria of Section 303(c) of this Code.

2.

Notwithstanding the provisions of Section 209.8 of this Code, commercial establishments shall be limited to the ground floor and the first basement floor, except that such establishments may be permitted on the second story as a conditional use if authorized pursuant to Section 303 and Section 249.5(c)(1) of this Code.

3.

The following uses are not permitted:

A.

A hotel, inn, hostel or motel; and

B.

massage establishments which are not incidental to the institutional uses permitted in Sections 217(a) through (d) of the Planning Code or are not incidental to a health club, gymnasium or other facility with a regular membership or other facility which is used primarily for instruction and training in body building, exercising, reducing, sports, dancing or other similar physical activities.

4.

In the portion of the area designated as Subarea No. 1 of the North of Market Residential Special Use District, as shown on Section Map 1SUb of the Zoning Map, the density ratio shall be one dwelling unit for each 125 square feet of lot area; in Subarea No. 2, as shown on Section Map 1SUb of the Zoning Map, the density ratio shall be one dwelling unit for each 200 feet of lot area. The double density provisions of Section 209.1(m) shall not result in greater density than that permitted in an RC-4 District.

5.

There are no minimum parking requirements in this Special Use District, as provided in Section 161(h) of this Code.

6.

A bulk district “T” shall apply pursuant to the provisions of Section 270, Table 270 of this Code.

7.

Special exceptions to the 80-foot base height limit in height and bulk districts 80-120-T and 80-130-T may be granted pursuant to the provisions of Section 263.7 of this Code.

8.

Building setbacks are required in this district pursuant to Section 132.2; provisions for exceptions are also set forth in Section 132.2 of this Code.

9.

Exceptions to the rear yard requirements for an RC-4 District may be granted pursuant to Section 134(g) of this Code.

10.

Awnings, canopies and marquees, as defined in Sections 790.20, 790.26 and 790.58 of this Code, and further regulated by the Building Code and Sections 249.5(c)(12), 136.2 and 607.4 of this Code are permitted.

11.

Signs located in the RC-4 portion of this district shall be regulated as provided in Section 607.4 of this Code.

12.

All provisions of the City Planning Code applicable in an RC-4 Use District shall apply within that portion of the district zoned RC-4, except as specifically provided above. All provisions of the City Planning Code applicable in a P Use District shall apply within that portion of the district zoned P, except as specifically provided above.

13.

All demolitions of buildings containing residential units shall be permitted only if authorized as a conditional use under Section 303 of this Code, unless the Director of the Department of Building Inspection or the Chief of the Bureau of Fire Prevention and Public Safety determines that the building is unsafe or dangerous and that demolition is the only feasible means to secure the public safety. When considering whether to grant a conditional use permit for the demolition, in lieu of the criteria set forth in City Planning Code Section 303(c), consideration shall be given to the purposes of the North of Market Residential Special Use District set forth in Section 249.5(b), above, to the adverse impact on the public health, safety and general welfare due to the loss of existing housing stock in the district and to any unreasonable hardship to the applicant if the permit is denied. Demolition of residential hotel units shall also comply with the provisions of the Residential Hotel Ordinance.

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 City 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 any establishment that is defined in Section 790.55 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.

AMENDMENT HISTORY

History

(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)

Former division (c)(3) deleted and former divisions (c)(4) through (c)(14) redesignated as (c)(3) through (c)(13); current division (c)(5) amended; Ord. 56-13 , Eff. 4/27/2013.

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