§ 740. MISSION BERNAL NEIGHBORHOOD COMMERCIAL DISTRICT.  


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  • The Mission Bernal Neighborhood Commercial District is located along Mission Street between Cesar Chavez and Randall Streets. It is a linear district located along a heavily trafficked thoroughfare which also serves as a major transit route. In addition to providing convenience goods and services to the surrounding neighborhood, the District offers a wide variety of comparison and specialty goods and services to a population greater than the immediate neighborhood.
    The building standards permit moderately large commercial uses and buildings. Rear yards are protected at residential levels.
    A diversified commercial environment is encouraged for the District, and a wide variety of uses are permitted with special emphasis on neighborhood-serving businesses. Eating and drinking, entertainment, financial service, and certain auto uses generally are permitted with certain limitations at the first and second stories. Other retail businesses, personal services, and offices are permitted at all stories of new buildings. Limited storage and administrative service activities are permitted with some restrictions.
    Housing development in new buildings is encouraged above the second story. Existing residential units are protected by limitations on demolitions and upper-story conversions. Accessory Dwelling Units are permitted within the District pursuant to Sections 207(c)(4) and 207(c)(6) of this Code.
    Table 740. MISSION BERNAL NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE
    Mission Bernal NCD
    Zoning Category
    § References
    Controls
    BUILDING STANDARDS
    Massing and Setbacks
    Height and Bulk Limits
    §§ 102, 105, 106, 250252, 260, 261.1, 270, 271. See also Height and Bulk District Maps
    Varies, but generally 40-X. See Height and Bulk Map Sheets HT07and HT11 for more information. Height sculpting required on Alleys per § 261.1.
    5 Foot Height Bonus for Active Ground Floor Uses
    P in some districts
    Rear Yard
    §§ 130, 134, 134(a)(e), 136
    Required at the lowest Story containing a Dwelling Unit, and at each succeeding level or Story of the Building: 25% of lot depth, but in no case less than 15 feet. (6) 1
    Front Setback and Side Yard
    §§ 131, 132, 133
    Not Required.
    Street Frontage and Public Realm
    Streetscape and Pedestrian Improvements
    Required
    Street Frontage Requirements
    Required; controls apply to above-grade parking setbacks, parking and loading entrances, active uses, ground floor ceiling height, street-facing ground-level spaces, transparency and fenestration, and gates, railings, and grillwork. Exceptions permitted for historic buildings.
    Ground Floor Commercial
    Required on some streets, see § 145.4 for specific districts.
    Vehicular Access Restrictions
    § 155(r)
    Restricted on some streets, see § 155(r) for specific districts
    Miscellaneous
    Lot Size (Per Development)
    P up to 9,999 square feet; C 10,000 square feet and above
    Planned Unit Development
    § 304
    C
    Awning
    §§ 102, 136
    P
    Canopy or Marquee
    §§ 102, 136
    P
    Signs
    §§ 262, 602-604, 607, 608, 609
    As permitted by § 607.1
    General Advertising Signs
    §§ 262, 602, 604, 608, 609, 610, 611
    NP
    Design Guidelines
    General Plan Commerce and Industry Element
    Subject to the Urban Design Guidelines
    Zoning Category
    § References
    Controls
    RESIDENTIAL STANDARDS AND USES
    Development Standards
    Usable Open Space [Per Dwelling Unit]
    §§ 135, 136
    80 square feet per unit if private, or 100 square feet per unit if common
    Off-Street Parking Requirements
    §§ 145.1, 150, 151, 153 - 156, 161, 166, 204.5
    No car parking required. Maximum permitted per § 151. Bike parking required per § 155.2. If car parking is provided, car share spaces are required when a project has 50 units or more per § 166.
    Dwelling Unit Mix
    §§ 207.6, 207.7
    Not required
    Use Characteristics
    Single Room Occupancy
    § 102
    P
    Student Housing
    § 102
    P
    Residential Uses
    Controls by Story
    1st
    2nd
    3rd+
    Residential Uses
    § 102
    P
    P
    P
    Accessory Dwelling Unit Density
    §§ 102, 207(c)(4), 207(c)(6)
    P per Planning Code Sections 207(c)(4) and 207(c)(6).
    Dwelling Unit Density
    §§ 102, 207
    1 unit per 600 square foot lot area, or the density permitted in the nearest R District, whichever is greater.
    Group Housing Density
    § 208
    1 bedroom per 210 square foot lot area, or the density permitted in the nearest R District, whichever is greater.
    Homeless Shelter Density
    §§ 102, 208
    Density limits regulated by the Administrative Code
    Senior Housing Density
    §§ 102, 202.2(f), 207
    P up to twice the number of Dwelling Units otherwise permitted as a Principal Use in the district and meeting all the requirements of § 202.2(f)(1). C up to twice the number of Dwelling Units otherwise permitted as a Principal Use in the district and meeting all requirements of § 202.2(f)(1), except for § 202.2(f)(1)(D)(iv), related to location.
    Loss of Dwelling Units
    Controls by Story
    1st
    2nd
    3rd+
    Residential Conversion
    § 317
    C
    C
    C(1)
    Residential Demolition and Merger
    § 317
    C
    C
    C
    Zoning Category
    § References
    Controls
    NON-RESIDENTIAL STANDARDS
    Development Standards
    Floor Area Ratio
    §§ 102, 123, 124
    3.6 to 1
    Use Size
    §§ 102, 121.2
    P up to 5,999 square feet; C 6,000 square feet and above
    Off-Street Parking Requirements
    §§ 145.1, 150, 151, 153 - 156, 161, 166, 204.5
    No car parking required. Maximum permitted per § 151. Bike parking required per Section 155.2. Car share spaces required when a project has 25 or more parking spaces per § 166.
    Off-Street Freight Loading
    §§ 150, 152, 153 - 155, 161, 204.5
    None required if Gross Floor Area is less than 10,000 square feet. Exceptions permitted per §§ 155 and 161.
    Commercial Use Characteristics
    Drive-up Facility
    § 102
    NP
    Formula Retail
    §§ 102, 303.1
    C
    Hours of Operation
    § 102
    No limit
    Maritime Use
    § 102
    NP
    Open Air Sales
    §§ 102, 703(b)
    See § 703(b)
    Outdoor Activity Area
    §§ 102, 145.2(a)
    P if located in front; C if located elsewhere
    Walk-up Facility
    § 102
    P
    NON-RESIDENTIAL USES
    Controls by Story
    1st
    2nd
    3rd+
    Agricultural Use Category
    Agriculture, Industrial
    §§ 102, 202.2(c)
    NP
    NP
    NP
    Agriculture, Large Scale Urban
    §§ 102, 202.2(c)
    C
    C
    C
    Agriculture, Neighborhood
    §§ 102, 202.2(c)
    P
    P
    P
    Automotive Use Category
    Automotive Uses*
    §§ 102, 187.1, 202.2(b), 202.5
    C
    NP
    NP
    Automotive Repair
    § 102
    C
    C
    NP
    Parking Garage, Private
    § 102
    C
    C
    C
    Parking Garage, Public
    § 102
    C
    C
    C
    Parking Lot, Private
    §§ 102, 142, 156
    C
    C
    C
    Parking Lot, Public
    §§ 102, 142, 156
    C
    C
    C
    Service, Motor Vehicle Tow
    § 102
    NP
    NP
    NP
    Service, Parcel Delivery
    § 102
    NP
    NP
    NP
    Vehicle Storage Garage
    § 102
    NP
    NP
    NP
    Vehicle Storage Lot
    § 102
    NP
    NP
    NP
    Entertainment, Arts and Recreation Use Category
    Entertainment, Arts and Recreation Uses*
    § 102
    NP
    NP
    NP
    Arts Activities
    § 102
    NP
    NP
    NP
    Entertainment, General
    § 102
    P
    P
    NP
    Entertainment, Nighttime
    § 102
    P
    P
    NP
    Movie Theater
    §§ 102, 202.4
    P
    P
    NP
    Open Recreation Area
    § 102
    C
    C
    C
    Passive Outdoor Recreation
    § 102
    C
    C
    C
    Industrial Use Category
    Industrial Uses
    § 102
    NP
    NP
    NP
    Institutional Use Category
    Institutional Uses*
    § 102
    P
    P
    P
    Hospital
    § 102
    C
    C
    C
    Job Training
    § 102
    P
    P
    P
    Medical Cannabis Dispensary** 1
    §§ 102, 202.2(e)
    DR
    DR
    NP
    Public Facilities
    § 102
    C
    C
    C
    Sales and Service Use Category
    Retail Sales and Service Uses*
    §§ 102, 202.3
    P
    P
    P
    Adult Business
    § 102
    C
    C
    NP
    Animal Hospital
    § 102
    C
    C
    NP
    Bar
    §§ 102, 202.2(a)
    P(3)
    P) 1
    NP
    Cannabis Retail
    §§ 102, 202.2(a)
    C
    C
    NP
    Flexible Retail
    § 102
    NP(3)
    NP
    NP
    Hotel
    § 102
    C
    C
    C
    Kennel
    § 102
    C
    C
    NP
    Liquor Store
    § 102
    NP
    NP
    NP
    Massage Establishment
    § 102, 303(o)
    C
    C
    NP
    Massage, Foot/Chair
    § 102
    P
    C
    NP
    Mortuary
    § 102
    C
    C
    C
    Motel
    §§ 102, 202.2(a)
    NP
    NP
    NP
    Restaurant
    §§ 102, 202.2(a)
    P(2)
    P(2)
    NP
    Restaurant, Limited
    §§ 102, 202.2(a)
    P(2)
    P(2)
    NP
    Retail Sales and Service, General
    § 102
    P
    P
    P
    Services, Financial
    § 102
    P
    P
    NP
    Services, Fringe Financial
    § 102
    P(3)
    NP
    NP
    Services, Limited Financial
    § 102
    P
    P
    NP
    Storage, Self
    § 102
    C
    C
    C
    Tobacco Paraphernalia Establishment
    § 102
    C
    NP
    NP
    Trade Shop
    § 102
    P
    C
    C
    Non-Retail Sales and Service*
    § 102
    NP
    NP
    NP
    Design Professional
    § 102
    P
    P
    P
    Service, Non-Retail Professional
    § 102
    C
    C
    C
    Storage, Commercial
    § 102
    C
    C
    C
    Trade Office
    § 102
    P
    P
    P
    Utility and Infrastructure Use Category
    Utility and Infrastructure*
    § 102
    C(2)
    C(4)
    C(4)
    Power Plant
    § 102
    NP
    NP
    NP
    Public Utilities Yard
    § 102
    NP
    NP
    NP
    * Not listed below
    (1) THIRD FLOOR RESIDENTIAL CONVERSION:
    Boundaries: Applicable to the Mission Bernal NCD
    Controls: A Residential Use may be converted to an Institutional Use, other than a Medical Cannabis Dispensary, as a Conditional Use on the third story and above if in addition to the criteria set forth in Section 303, the Commission finds that:
    (a) The structure in which the Residential Use is to be converted has been found eligible for listing on the National Register of Historic Places;
    (b) The proposed use is to be operated by a nonprofit public benefit corporation; and
    (c) No legally residing residential tenants will be displaced.
    (2) MISSION STREET FORMULA RETAIL RESTAURANT SUBDISTRICT
    Boundaries: Generally applicable only for the portion of the Mission Bernal Neighborhood Commercial District between 14th and Randall Streets, as designated on Sectional Map 7SU of the Zoning Map.
    Controls: Formula Retail Restaurants and Limited Restaurants are NP.
    (3) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT. Fringe Financial Services are NP within any FFSRUD and its one-quarter mile buffer pursuant to Section 249.35. Outside any FFSRUD and its one-quarter mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).
    (4) C if a Macro WTS Facility; P if a Micro WTS Facility.
    (Added by Ord. , File No. 191260, App. 1/31/2020, Eff. 3/2/2020)
    (Former Sec. 740 added by Ord. , File No. 120241, App. 8/7/2012, Eff. 9/6/2012; amended by Ord. , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. , File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. , File No. 120796, App. 11/13/2014, Eff. 12/13/2014; Ord. , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. , File No. 170466, App. 5/19/2017, Eff. 6/18/2017; Ord. , File No. 170204, App. 6/30/2017, Eff. 7/30/2017; repealed by Ord. , File No. 171041, App. 12/6/2017, Eff. 1/5/2018)
    CODIFICATION NOTE
    1. So in Ord. .