Board amends and approves North Beach neighborhood commercial district restrictions to limit new restaurants and bars

The Board of Supervisors voted on Oct. 7 to approve on first reading an ordinance amending the Planning Code to create a North Beach Neighborhood Commercial District (NCD) that establishes a conditional-use requirement and protections to limit the establishment of new bars and restaurants and preserve basic neighborhood-serving businesses.

Sponsor remarks and amendment

Supervisor Roger Marcy Mercarini (transcript spelling: Mercarini) explained the measure as intended to preserve neighborhood-serving business diversity in North Beach, which he said had become heavily concentrated in restaurants and dining. Mercarini said the general plan suggests balanced ground-floor uses and that North Beach’s ratio of restaurants was near 45 percent while a healthy balance is roughly 25 percent.

Supervisor Scott Ellsburn expressed particular concern with a proposed 18-month vacancy rule that could prevent a returning restaurant from resuming operations after 18 months of vacancy; he argued that 18 months may be insufficient given current economic conditions and loan/access-to-credit challenges. Ellsburn offered an amendment extending that vacancy period to 36 months. He said a three-year period would give landlords and prospective tenants more time to find a replacement operator without forcing a change of use that could be inappropriate.

The board accepted Ellsburn’s amendment by unanimous consent and proceeded to a roll-call vote on the ordinance as amended.

Votes and motions

- Amendment to extend an 18-month vacancy provision to 36 months: moved by Supervisor Ellsburn, seconded by Supervisor Maxwell; accepted without objection. - Ordinance (item 37) as amended — roll-call vote: 9 ayes, 1 no (Supervisor Alioto-Pier voted no). The ordinance passed on first reading as amended.

Why it matters

The ordinance aims to preserve neighborhood-serving retail and limit displacement of non-restaurant businesses in a neighborhood that is both a residential area and a destination for dining and entertainment. Changing vacancy-period rules affects landlords’ ability to return properties to prior uses and the incentives for prospective operators to take on vacant properties.

Clarifying details

- Vacancy period amended from 18 months to 36 months before a former restaurant site can be required to convert to a different use. - The sponsor cited an approximate 45% restaurant concentration in North Beach versus a target of about 25% for a healthy balance of uses.

Speakers and roles

Speakers on the record included Supervisor Roger Mercarini (sponsor), Supervisor Scott Ellsburn (mover of the key amendment), Supervisor Maxwell and others who participated in the roll-call vote.