Information on commercial uses considered to be formula retail establishments (i.e. Chain Stores).
In an effort to "protect San Francisco's vibrant small business sector and create a supportive environment for new small business innovations," Section 703.3 of the San Francisco Planning Code mandates specific controls on "formula retail" uses.
Formula retail uses are commonly referred to as "chain stores." Under Section 703.3 of the San Francisco Planning Code they are defined as “a type of retail sales activity or retail sales establishment which, along with eleven or more other retail sales establishments located in the United States, maintains two or more of the following features: a standardized array of merchandise, a standardized facade, a standardized decor and color scheme, a uniform apparel, standardized signage, a trademark or a servicemark.” In other words, retail stores with multiple locations and a recognizable "look" or appearance.
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To determine if a use/establishment qualifies as a formula retail establishment, the Planning Department has created a Formula Retail Establishment Affadavit & Checklist. If a use does qualify as a Formula Retail Establishment, then additional controls and regulations will apply depending on the zoning district where the proposed business will be located.
The formula retail definition can apply only to the following types of uses:
- drive-up facility
- eating and drinking use
- liquor store
- restaurant, large fast-food
- restaurant, small self-service
- restaurant, full-service
- sales and service
- other retail
- sales and service, retail,
- movie theatre
- video store
- amusement and game arcade
- take-out food
- specialty food, self-service
The formula retail definition excludes certain common commercial uses such as professional or medical offices, personal services such as salons or gyms.
It is recommended to visit or call Planning staff at the Planning Information Center (PIC) early in the planning of your project for help in determining if your proposed home office activity would be an allowable home office use. The PIC is at 1660 Mission Street, 1st floor and may also be reached by phone at (415) 558-6377 or via email at firstname.lastname@example.org.
We also recommend you contact the Department of Building Inspection (DBI) to confirm their requirements before submitting your applications. They can be reached at (415) 558-6088, or at 1660 Mission Street 1st floor Public Information Counter.
Understanding What's Allowed
Formula retail uses are regulated by the San Francisco Planning Code. To maintain the character and purpose of distinct areas in San Francisco, the City's geography has been divided into distinct zoning use districts (view these zoning use districts on the San Francisco Zoning Map and Section 201 of the Planning Code). For each activity or use of land in any given zoning district, the Code states if that activity or use is either: Permitted; Conditional; or Not Permitted. Therefore knowing the zoning district of your property will help you identify what specific limits may apply to your project and which application materials you will need to submit.
You can find the zoning use district and height limits of your property on the Find My Zoning page, or directly from our San Francisco Property Information Map by entering your address or Assessor's Lot and Block number and click the "Zoning" tab. Once you know the zoning use district of your property, you can reference our useful handout, "Summarizing San Francisco's Residential Zoning District Controls" which summarizes regulations and Code controls for projects in residential districts.
According to the Planning Code, in specified zoning districts, formula retail uses are subject to additional regulations and processes than would otherwise not be the case for the same use in the same zoning district were it not a chain or "formula retail" store.
Here are the most common regulations a formula retail use will need to consider:
Pre-Application Process & Neighborhood Notification requirements
Formula retail uses in Neighborhood Commercial districts (NCD), Eastern Neighborhood (EN) districts, and the Western SOMA Special Use District (SUD) district will require you complete the Neighborhood Notification Process. If your project requires Neighborhood Notification, the Planning Department mails a notice alerting neighbors and neighborhood groups in the vicinity of your proposed project and they are given a period of 30 days to respond with concerns or to request a Discretionary Review (DR). Depending on the scope of your project, you may also need to provide a "Pre-Application Notice" to nearby neighbors, and/or you may need to hold a "Pre-Application Meeting." The triggers for the Pre-Application Process are explained in the Pre-Application Information Packet.
Formula retail subject to "Conditional Use Authorization" (CU) in some zoning districts
For each activity or use of land in any given zoning district, the San Francisco Planning Code states if that activity or use is either: Permitted; Conditional; or Not Permitted. If you would like to conditionally permit a formula retail use, a Conditional Use Authorization Application must be submitted. Following submittal, your project will be reviewed by the Planning Commission at a public hearing. The Commission will make findings that your project is consistent with the San Francisco General Plan and promotes the general welfare of the City.
By a voter initiative in 2007 (Proposition G), formula retail use was made subject to a Conditional Use Authorization in any NC district, if not otherwise prohibited.
A Conditional Use Authorization is also required for formula retail uses in Residential Commercial Combined (RC) districts: RC-3 and RC-4, Urban Mixed Use (UMU), Mixed Use General (MUG) and Residential Transit Oriented (RTO) districts, and in the following Special Use Districts: Western SoMa, and Japantown.
Formula retail completely prohibited in some zoning districts
As of May 2011, formula retail use was prohibited in the Hayes-Gough NCD, North Beach NCD, and Chinatown Visitor Retail district.
Applying for Your Permit & Paying Fees
The Formula Retail Establishment Affadavit & Checklist must be submitted by any applicant seeking a permit for any of the uses that may be considered formula retail within those districts.
This page describes the controls on formula retail use mandated in the San Francisco Planning Code. If your construction project will involve other changes of use or construction, you should visit the how-to pages for those types of projects. Here are a few relevant how-to pages: Building Expansion/Change of Use – Commercial or Industrial, Limited/Non-Conforming Use – Residential (ex. Corner Stores), Removing Dwelling Units, New Building Construction/Demolition – Commercial
Inspections of permitted work is the responsibility of the Department of Building Inspection. DBI's Inspection Services page explains their inspection function.
Applications & Handouts
Applications Mentioned On This Page
Handouts Mentioned On This Page