§ 754. MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

(a) Background. The Mission Street Neighborhood Commercial Transit District is located near the center of San Francisco in the Mission District. It lies along Mission Street between 15th and Cesar Chavez Streets, and includes adjacent portions of 17th Street, 21st Street, 22nd Street, and Cesar Chavez Street. The commercial area of this District provides a selection of goods serving the day-to-day needs of the residents of the Mission District. Additionally, this District serves a wider trade area with its specialized retail outlets. Eating and drinking establishments contribute to the District’s mixed-use character and activity in the evening hours.

(b) Purpose. The purposes of the Mission Street Neighborhood Commercial Transit District include:

(1) To preserve and enhance the existing storefront configuration and size, signage, artwork, and other character-defining elements of the built environment;

(2) To preserve the contributions of Legacy Businesses to the history and identity of the District;

(3) To retain, enhance, and promote active community involvement and input on development within the District by conducting thorough outreach to stakeholders and neighborhood groups and responding to community input; and

(4) To retain, enhance, and promote neighborhood-serving businesses and institutions that enhance economic and workforce opportunities for local residents by coordinating with the Office of Economic and Workforce Development to engage with the City’s workforce system to provide employment opportunities, career trainings, and formal partnerships to identify and address both business and community workforce needs.

(c) Controls.

(1) General Controls. The District is extremely well-served by transit, including regional-serving BART stations at 16th Street and 24th Street, major buses running along Mission Street, and both cross-town and local-serving buses intersecting Mission Street along the length of this district. Given the area’s central location and accessibility to the City’s transit network, accessory parking for residential uses is not required. Any new parking is required to be set back or be below ground.

This District has a mixed pattern of larger and smaller lots and businesses, as well as a sizable number of upper-story residential units. Controls are designed to permit moderate-scale buildings and uses, protecting rear yards above the ground story and at residential levels. New neighborhood-serving commercial development is encouraged mainly at the ground story. Ground story uses are required to include active commercial uses with storefronts facing the street. While offices and general retail sales uses may locate at the second story of new buildings under certain circumstances, most commercial uses are prohibited above the second story. Continuous retail frontage is promoted by requiring ground floor commercial uses in new developments and prohibiting curb cuts. Housing development in new buildings is encouraged above the ground story. Housing density is not controlled by the size of the lot but by requirements to supply a high percentage of larger units and by physical envelope controls. Existing residential units are protected by prohibitions on upper-story conversions and limitations on demolitions, mergers, and subdivisions. Accessory Dwelling Units are permitted within the District pursuant to subsection 207(c)(4) of this Code.

(2) Commercial Mergers. The consolidation or merger of existing ground floor commercial spaces that would result in greater than 1,500 gross square feet of consolidated or merged space shall be prohibited, except for Legacy Businesses, Arts Activities Uses, and Institutional Community Uses. The prohibition shall not apply to projects that submitted a development application, as defined in Section 401, to the Planning Department prior to July 31, 2018.

(3) First Story Non-Residential Tenant Space for Large Projects. Projects larger than 10,000 gross square feet shall be required to provide space for a non-residential tenant on the first story with immediate access to the street frontage. The non-residential tenant space shall not exceed 1,500 gross square feet.

(4) Replacement of a Legacy Business Requires Conditional Use Authorization. Where an immediately prior use was a Legacy Business, as defined under Administrative Code Section 2A.242, the controls require any new Non-Residential Use to obtain Conditional Use authorization; provided, however, that this requirement shall not apply where: (A) the subject non-residential space has had no occupant and has not been open to the public for three or more years from the date the application for the new use is filed, or (B) where the Legacy Business has removed itself or has been otherwise removed from the Legacy Business Registry.

(5) For any use subject to Conditional Use authorization under this Section 754, the Planning Commission shall find that the use supports at least three of the four purposes of the District as set forth in subsection (b) above.

Table 754. MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT
ZONING CONTROL TABLE

Mission Street NCT
Zoning Category	§ References	Controls
BUILDING STANDARDS

Massing and Setbacks
Height and Bulk Limits.	§§ 102, 105, 106, 250–252, 253.4, 260, 261.1, 270, 271. See also Height and Bulk District Maps	Varies. See Height and Bulk Map Sheet HT07 for more information. Buildings above 65 feet require C. Height sculpting required on Alleys per § 261.1.
5 Foot Height Bonus for Active Ground Floor Uses	§ 263.20	P
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
Front Setback and Side Yard	§§ 130, 131, 132, 133	Not Required.
Street Frontage and Public Realm
Streetscape and Pedestrian Improvements	§ 138.1	Required
Street Frontage Requirements	§ 145.1	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	§ 145.4	Required on Mission Street for the entirety of the District; 16th Street, between Guerrero and Capp Streets; 22nd Street, between Valencia and Mission Streets
Vehicular Access Restrictions	§ 155(r)	Prohibited on Mission Street for the entirety of the District and on 16th Street between Guerrero and Capp Streets.
Miscellaneous
Lot Size (Per Development)	§ 102, 121.1	P up to 9,999 square feet; C 10,000 square feet and above
Planned Unit Development	§ 304	C
Awning, Canopy or Marquee	§ 136.1	P
Signs	§§ 262, 602- 604, 607, 607.1, 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 if private, or 100 square feet if common
Off-Street Parking Requirements	§§ 145.1, 150, 151.1, 153 - 156, 166, 204.5	Car parking not required. P up to 0.5 spaces per Dwelling Unit; C up to 0.75 spaces per Dwelling Unit. 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	40% of Dwelling Units shall contain at least two Bedrooms, or 30% of Dwelling Units shall contain at least three Bedrooms.
Use Characteristics
Intermediate Length Occupancy	§§ 102; 202.10	P(8)
Single Room Occupancy	§ 102	P
Student Housing	§ 102	P
Residential Uses		Controls By Story
		1st	2nd	3rd+
Residential Uses	P(1)	P	P
Accessory Dwelling Unit	§§ 102, 207(c)(4), 207(c)(6)	P per Planning Code Sections 207(c)(4) and 207(c)(6).
Dwelling Units, Senior Housing, Group Housing	§§ 102, 202.2(f), 207, 208	No density limit by lot area. Density restricted by physical envelope controls of height, bulk, setbacks, open space, exposure and other applicable controls of this and other Codes, as well as by applicable design guidelines, applicable elements and area plans of the General Plan, and design review by the Planning Department.
Homeless Shelters	§§ 102, 208	Density limits regulated by the Administrative Code
Loss and Division of Dwelling Units		Controls by Story
		1st	2nd	3rd+
Residential Conversion	§ 317	C	C	C
Residential Demolition or Merger	§ 317	C	C	C
Division of Dwelling Units	§ 207.8	Division of existing Dwelling Units P per § 207.8

Zoning Category	§ References	Controls
NON-RESIDENTIAL STANDARDS AND USES

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, 151.1, 153 - 156, 166, 204.5	Car parking not required. Limits set forth in Section 151.1. 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, 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	P if located in front; C if located elsewhere
Walk-up Facility	§ 102	P
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, 142, 156	NP	NP	NP
Automotive Repair	§ 102	C	C	NP
Automotive Sale/Rental	§ 102	C	NP	NP
Automotive Service Station	§§ 102, 187.1, 202.2(b), 202.5	C	NP	NP
Automotive Wash	§§ 102, 202.2(b)	C	NP	NP
Gas Station	§§ 102, 187.1, 202.2(b)	C	NP	NP
Parking Garage, Private	§ 102	C	C	C
Parking Lot, Private	§§ 102, 142, 156	C	C	C
Services, Ambulance	§ 102	C	NP	NP
Entertainment, Arts, and Recreation Use Category
Entertainment, Arts, and Recreation Uses*	§ 102	NP	NP	NP
Arts Activities	§ 102	P(4)	P	P
Entertainment, General	§ 102	P	P	NP
Entertainment, Nighttime	§ 102	P	P	NP
Movie Theater	§ 102	P	P	NP
Open Recreation Area	§ 102	C	C	C
Passive Outdoor Recreation	§ 102	C	C	C
Industrial Use Category
Industrial Uses*	§§ 102, 202.2(d)	NP	NP	NP
Light Manufacturing	§§102, 890.54	P(5)	P	P
Institutional Use Category
Institutional Uses*	§ 102	P	P	P
Hospital	§ 102	C	C	C
Medical Cannabis Dispensary	§§ 102, 202.2(e)	DR	DR	NP
Public Facilities	§ 102	C	C	C
Sales and Service Use Category
Retail Sales and Service Uses*	§§ 102, 202.2(a)	P	P	P
Adult Business	§ 102	C	C	NP
Animal Hospital	§ 102	C	C	NP
Bar	§§ 102, 202.2(a)	C(7)	C(7)	NP
Cannabis Retail	§§ 102, 202.2(a)	C	C	NP
Flexible Retail	§ 102	NP	NP	NP
Hotel	§ 102	C	C	C
Kennel	§ 102	C	C	NP
Liquor Store	§ 102	NP	NP	NP
Massage Establishment	§ 102	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), 249.60(f)(1)	C(7)	NP	NP
Restaurant, Limited	§§ 102, 202.2(a)	P(7)	NP	NP
Services, Financial	§ 102	P	P	NP
Services, Fringe Financial	§ 102	NP(2)	NP(2)	NP(2)
Services, Limited Financial	§ 102	P	P	NP
Storage, Self	§ 102	NP	NP	NP
Tobacco Paraphernalia Establishment	§ 102	C	NP	NP
Trade Shop	§ 102	P	P	P
Non-Retail Sales and Service Uses*	§ 102	NP	NP	NP
Catering	§ 102	P(4)	P	P
Design Professional	§ 102	P	P	P
Trade Office	§ 102	P	P	P
Utility and Infrastructure Use Category
Utility and Infrastructure Uses*	§ 102	C(3)	C(3)	C(3)
Power Plant	§ 102	NP	NP	NP
Public Utilities Yard	§ 102	NP	NP	NP

* Not listed below

(1) C required for ground floor residential use when street frontage is listed in 145.4(b)

(2) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD)

Boundaries: The FFSRUD and its ¼ mile buffer includes, but is not limited to, the Mission Street Neighborhood Commercial Transit District.

Controls: Fringe Financial Services are NP within any FFSRUD and its ¼ mile buffer pursuant to Section 249.35, unless Fringe Financial Service is a Non-Profit. Outside any FFSRUD and its 1 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(3) C if a Macro WTS Facility; P if a Micro WTS Facility.

(4) Arts Activities and Catering uses located in the ground floor shall have active commercial activities facing Mission Street, per Section 145.4. These may be retail activities accessory to those uses or a separate business operating in the street-facing space.

(5) Light Manufacturing is not permitted in first-story spaces that front Mission Street.

(6) Note deleted.

(7) The total number of eating and drinking uses (Restaurants, Limited Restaurants, and Bars) within the District shall not exceed 167. A new Restaurant, Limited Restaurant, or Bar shall not be permitted if it would result in a net total of more than 167 eating and drinking uses in the District. Accessory Limited Restaurants are not subject to and do not count toward the 167 cap on eating and drinking uses.

(8) C for buildings with 10 or more Dwelling Units.

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. , File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. , File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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. 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; redesignated and amended by Ord. , File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. , File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. , File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. , File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. , File No. 171173, App. 2/9/2018, Eff. 3/12/2018; Ord. , File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. , File No. 180803, App. 11/20/2018, Eff. 12/21/2018; Ord. , File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. , File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. , File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. , File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. , File No. 181211, App. 9/11/2019, Eff. 10/12/2019; Ord. , File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. , File No. 191075, App. 5/22/2020, Eff. 6/22/2020)

AMENDMENT HISTORY

Zoning Control Table: 736.69C and 736.69D added; Ord. , Eff. 5/20/2011. Zoning Control Table: title amended, 736.13b amended, 736.69, 736.69A, and 736.69B added; Ord. , Eff. 8/4/2011. Zoning Control Table: 736.69, 736.69A, and 736.69B added; Ord. , Eff. 11/3/2011. Zoning Control Table: 736.43 and 736.44 amended, former categories 736.42, 736.67, and 736.69A deleted; Ord. , Eff. 5/23/2012. Zoning Control Table: 736.13, 736.13a, 736.13b, 736.13c, 736.54, and 736.69B amended; Specific Provisions: 736.54 added; Ord. , Eff. 4/27/2013. Zoning Control Table: former categories 736.37, 736.38, and 736.39 redesignated as 736.36, 736.37, and 736.38 and amended; new category 736.39 added; Ord. , Eff. 1/25/2014. Zoning Control Table: 736.26 amended; Specific Provisions: 736.54 amended; Ord. , Eff. 12/26/2014. Zoning Control Table: 736.92b added; Ord. , Eff. 3/15/2015. Zoning Control Table: 736.14, 736.15, 736.16, 736.17, and 736.30 amended; Ord. , Eff. 3/22/2015. Section redesignated (formerly Sec. 736.1); Zoning Control Table: 736.54, 736.91, and 736.92 amended; Ord. , Eff. 4/25/2015. Zoning Control Table: former categories 736.36, 736.37, 736.38, and 736.39 deleted, 736.96 and 736.97 added; Ord. , Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 736.91 amended; Specific Provisions: 736.91 added; Ord. , Eff. 9/3/2016. Zoning Control Table: 736.33A added; Ord. , Eff. 9/10/2016. Section redesignated (formerly Section 736; new Zoning Control Table and notes added; Ord. , Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. , Eff. 7/30/2017. Zoning Control Table amended; Ord. , Eff. 10/15/2017. Zoning Control Table amended; Ord. , Eff. 1/5/2018. Introductory material and Zoning Control Table amended; Note (4) added; Ord. , Eff. 3/12/2018. Zoning Control Table amended; Ord. , Eff. 9/10/2018. Undesignated introductory material designated as (a) and (c)(1); divisions (b)-(b)(4) and (c)(2)-(5) added; Zoning Control Table amended; Notes (5), (6), and (7) added; Ord. , Eff. 12/21/2018. Zoning Control Table amended; Ord. , Eff. 12/21/2018. Zoning Control Table amended; Ord. , Eff. 1/7/2019. Zoning Control Table amended; Ord. , Eff. 7/29/2019. Zoning Control Table amended; Note (6) deleted; Ord. , Eff. 9/9/2019. Zoning Control Table amended; Ord. , Eff. 10/12/2019. Zoning Control Table and Note (2) amended; Ord. , Eff. 5/25/2020. Zoning Control Table amended; Note (8) added; Ord. , Eff. 6/22/2020.

CODIFICATION NOTE

1. So in Ord. .