§ 764. UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.
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- The Upper Market Street Neighborhood Commercial Transit District is located on Market Street from Church to Noe Streets, and on side streets off Market. Upper Market Street is a multi-purpose commercial district that provides goods and services to adjacent neighborhoods, but also serves as a shopping street for a broader trade area. The width of Market Street and its use as a major arterial diminish the perception of the Upper Market Street Transit District as a single commercial district. The street appears as a collection of dispersed centers of commercial activity, concentrated at the intersections of Market Street with secondary streets.This district is well served by transit and is anchored by the Market Street subway (with stations at Church Street and Castro Street) and the F-Market historic streetcar line. All light-rail lines in the City traverse the district, including the F, J, K, L, M, and N, and additional key cross-town transit service crosses Market Street at Fillmore and Castro Streets. Additionally, Market Street is a primary bicycle corridor. Housing density is limited not by lot area, but by the regulations on the built envelope of buildings, including height, bulk, setbacks, and lot coverage, and standards for Residential Uses, including open space and exposure, and urban design guidelines. Residential parking is not required and generally limited. Commercial establishments are discouraged or prohibited from building accessory off-street parking in order to preserve the pedestrian-oriented character of the district and prevent attracting auto traffic. There are prohibitions on access (i.e. driveways, garage entries) to off-street parking and loading on Market and Church Streets to preserve and enhance the pedestrian-oriented character and transit function.The Upper Market Street Transit District controls are designed to promote moderate-scale development which contributes to the definition of Market Street’s design and character. They are also intended to preserve the existing mix of Commercial Uses and maintain the livability of the district and its surrounding residential areas. Large-lot and use development is reviewed for consistency with existing development patterns. Rear yards are protected at all levels. To promote mixed-use buildings, most Commercial Uses are permitted with some limitations above the second story. In order to maintain continuous retail frontage and preserve a balanced mix of Commercial Uses, ground-story neighborhood-serving uses are encouraged, and Eating and Drinking, Entertainment, and financial service uses are limited. Ground floor-commercial space is required along Market and Church Streets. Most Automotive Service and Drive-Up Faciility uses are prohibited or conditional.Housing development in new buildings is encouraged above the Second Story. Existing upper-story Residential Units are protected by limitations on demolitions and upper-story conversions. Accessory Dwelling Units are permitted within the district pursuant to subsections 207(c)(4) and 207(c)(6) of this Code.Table 764. UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT
ZONING CONTROL TABLEUpper Market Street NCTZoning Category§ ReferencesControlsBUILDING STANDARDSMassing and SetbacksHeight and Bulk Limits.Varies. See Height and Bulk Map Sheet HT07 for more information. Height sculpting required on Alleys per § 261.1.5 Foot Height Bonus for Active Ground Floor Uses§ 263.20PRear YardRequired at Grade level and at each succeeding level or Story: 25% of lot depth, but in no case less than 15 feet. See § 134(a)(1)(D) for waiver.Front Setback and Side YardNot Required.Street Frontage and Public RealmStreetscape and Pedestrian Improvements§ 138.1RequiredStreet Frontage Requirements§ 145.1Required; 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§ 145.4Market Street and Church Street for the entirety of the Upper Market NCTVehicular Access Restrictions§ 155(r)Prohibited on Market Street from Embarcadero to Castro Street. CU required on Duboce Street from Noe to Market StreetsMiscellaneousLot Size (Per Development)P up to 9,999 square feet; C 10,000 square feet and abovePlanned Unit Development§ 304N/AAwning, Canopy or Marquee§ 136.1PSignsGeneral Advertising SignsNPDesign GuidelinesGeneral Plan Commerce and Industry ElementSubject to the Urban Design GuidelinesZoning Category§ ReferencesControlsRESIDENTIAL STANDARDS AND USESDevelopment StandardsUsable Open Space [Per Dwelling Unit]60 square feet if private, or 80 square feet if common.Off-Street Parking RequirementsDwelling Unit Mix40% of Dwelling Units shall contain at least two Bedrooms.Use CharacteristicsIntermediate Length OccupancyP(9)Single Room Occupancy§ 102PStudent Housing§ 102PResidential UsesControls By Story1st2nd3rd+Residential Uses§ 102P(1)PPAccessory Dwelling UnitDwelling Units, Senior Housing, and Group Housing.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 SheltersDensity limits regulated by the Administrative CodeLoss and Division of Dwelling UnitsControls by Story1st2nd3rd+Residential Conversion§ 317CCNPResidential Demolition or Merger§ 317CCCDivision of Dwelling Units§ 207.8Division of existing Dwelling Units P per § 207.8Zoning Category§ ReferencesControlsNON-RESIDENTIAL STANDARDS AND USESDevelopment StandardsFloor Area Ratio3.0 to 1Use SizeP up to 2,999 square feet; C 3,000 square feet and aboveOff-Street Parking RequirementsOff-Street Freight LoadingCommercial Use CharacteristicsDrive-up Facility§ 102NPFormula RetailCHours of Operation§ 102P 6 a.m. - 2 a.m.; C 2 a.m.- 6 a.m.Maritime Use§ 102NPOpen Air SalesSee § 703(b)Outdoor Activity AreaP if located in front; C if located elsewhereWalk-up Facility§ 102PControls by Story1st2nd3rd+Agricultural Use CategoryAgriculture, IndustrialNPNPNPAgriculture, Large Scale UrbanCCCAgriculture, NeighborhoodPPPAutomotive Use CategoryAutomotive Uses*NPNPNPAutomotive Repair§ 102CNPNPParking Garage, Private§ 102CCCParking Garage, Public§ 102CCCParking Lot, PrivateCCCParking Lot, PublicCCCEntertainment, Arts and Recreation Use CategoryEntertainment, Arts and Recreation Uses*§ 102NPNPNPArts Activities§102P(8)PPEntertainment, General§ 102PPNPEntertainment, Nighttime§ 102CNPNPMovie TheaterPNPNPOpen Recreation Area§ 102CCCPassive Outdoor Recreation§ 102CCCIndustrial Use CategoryIndustrial Uses*NPNPNPInstitutional Use CategoryInstitutional Uses*§ 102P(8)PCChild Care Facility§ 102PPPHospital§ 102NPNPNPMedical Cannabis DispensaryDRDRNPResidential Care Facility§ 102PPPSales and Service Use CategoryRetail Sales and Service Uses*PPNPAdult Business§ 102NPNPNPAnimal Hospital§ 102CNPNPBarCCNPCannabis RetailCCNPFlexible Retail§ 102NPNPNPGym§ 102PPCHotel§ 102CCCKennel§ 102CNPNPLiquor Store§ 102C(2)NPNPMassage Establishment§ 102CCNPMassage, Foot/Chair§ 102PCNPMortuary§ 102NPNPNPMotelNPNPNPRestaurantP(4)C(4)NPRestaurant, LimitedPNPNPServices, Financial§ 102CCNPServices, Fringe Financial§ 102NP(5)NP(5)NP(5)Services, Health§ 102P(7)PCServices, Instructional§ 102PPCServices, Limited Financial§ 102CNPNPServices, Personal§ 102PPCServices, Retail Professional§ 102CPCStorage, Self§ 102NPNPNPTobacco Paraphernalia Establishment§ 102CNPNPTrade Shop§ 102PCNPNon-Retail Sales and Service*§ 102NPNPNPDesign Professional§ 102CPCTrade Office§ 102CPCUtility and Infrastructure Use CategoryUtility and Infrastructure*§ 102C(6)C(6)C(6)Power Plant§ 102NPNPNPPublic Utilities Yard§ 102NPNPNP* Not listed below(1) C required for ground floor residential use when street frontage is listed in 145.4(b)(2) C not required if selling only beer and wine and not distilled spirits.(3) [Note deleted.](4) UPPER MARKET STREET LIQUOR LICENSES FOR RESTAURANTSBoundaries: Applicable to the Upper Market Street Neighborhood Commercial Transit District.Controls: A Restaurant Use may only add a Bar use (ABC license types 47, 49 or 75) as a Conditional Use on the ground level if, in addition to the criteria set forth in Section 303, the Planning Commission finds that the Restaurant is operating as a Bona Fide Eating Place. Should a Restaurant fail to operate as a Bona Fide Eating Place for any length of time, the Conditional Use authorization for the Bar use shall be subject to immediate revocation.(5) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD)Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, the Upper MarketStreet NCT Neighborhood Commercial District.(6) C if a Macro WTS Facility; P if a Micro WTS Facility.(7) Clinics licensed as community and free clinics as defined under California Health and Safety Code Section 1204(a)(1) and clinics exempt from licensing under California Health and Safety Code Section 1206(b) are Principally Permitted Uses. Other Health Service uses are subject to the provisions of Section 303.1 of this Code.(8) Arts Activities and Institutional Community Uses in the Upper Market Street NCT District are considered to be “active uses,” as defined in Section 145.4 of this Code.(9) C for buildings with 10 or more Dwelling Units.(Added by Ord. , File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by 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. 180557, App. 8/10/2018, Eff. 9/10/2018; 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. 180915, App. 12/21/2018, Eff. 1/21/2019; 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 HISTORYZoning Control Table amended; Note (2) deleted; Ord. , Eff. 10/15/2017. Zoning Control Table amended; Ord. , Eff. 1/5/2018. Zoning Control Table amended; Ord. , Eff. 9/10/2018. Zoning Control Table amended; Ord. , Eff. 12/21/2018. Zoning Control Table amended; Ord. , Eff. 1/7/2019. Zoning Control Table amended; Note (3) deleted; Ord. , Eff. 1/21/2019. Zoning Control Table amended; Ord. , Eff. 7/29/2019. Undesignated introductory material and Zoning Control Table amended; Note (2) added; Note (4) amended; Notes (7) and (8) replaced; Ord. , Eff. 9/9/2019. Zoning Control Table amended; Ord. , Eff. 10/12/2019. Introductory material, Zoning Control Table, and Note (5) amended; Ord. , Eff. 5/25/2020. Zoning Control Table amended; Note (9) added; Ord. , Eff. 6/22/2020.CODIFICATION NOTE1. So in Ord. .