(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 Section 207.1 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 require conditional use authorization pursuant to Section 303.
(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.
Mission Street NCT | ||
Zoning Category | § References | Controls |
BUILDING STANDARDS |
Mission Street NCT | ||
Zoning Category | § References | Controls |
BUILDING STANDARDS | ||
Massing and Setbacks | ||
Height 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 | § 263.20 | P |
Rear Yard | 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 | 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) | 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 | As permitted by § 607.1 | |
General Advertising Signs | NP | |
Design Guidelines | General Plan Commerce and Industry Element | Subject to the Urban Design Guidelines |
Zoning Category | § References | Controls | ||
RESIDENTIAL STANDARDS AND USES |
Zoning Category | § References | Controls | ||
RESIDENTIAL STANDARDS AND USES | ||||
Development Standards | ||||
Usable Open Space [Per Dwelling Unit] | 80 square feet if private, or 100 square feet if common, or the amount of open space required in the nearest Residential District, whichever is less. | |||
Off-Street Parking Requirements | ||||
Dwelling Unit Mix | §§ 207.6 | Generally Required for creation of five or more Dwelling Units. No less than 40% of the total number of proposed Dwelling Units shall contain at least two bedrooms; or no less than 30% of the total number of proposed Dwelling Units shall contain at least three bedrooms. | ||
Use Characteristics | ||||
Intermediate Length Occupancy | 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 | ||||
Dwelling Units, Senior Housing, 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 Shelters | 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 |
Zoning Category | § References | Controls | ||
NON-RESIDENTIAL STANDARDS AND USES | ||||
Development Standards | ||||
Floor Area Ratio | 3.6 to 1 | |||
Use Size | P up to 5,999 square feet; C 6,000 square feet and above | |||
Off-Street Parking Requirements | ||||
Off-Street Freight Loading | ||||
Commercial Use Characteristics | ||||
Drive-up Facility | § 102 | NP | ||
Formula Retail | C | |||
Hours of Operation | § 102 | No Limit | ||
Maritime Use | § 102 | NP | ||
Open Air Sales | See § 703(b) | |||
Outdoor Activity Area | 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 | NP | NP | NP | |
Agriculture, Large Scale Urban | C | C | C | |
Agriculture, Neighborhood | P | P | P | |
Automotive Use Category | ||||
Automotive Uses* | NP | NP | NP | |
Automotive Repair | § 102 | C | C | NP |
Automotive Sale/Rental | § 102 | C | NP | NP |
Automotive Service Station | C | NP | NP | |
Automotive Wash | C | NP | NP | |
Electric Vehicle Charging Location | C(10) | C(10) | ||
Fleet Charging | § 102 | C | C | C |
Gas Station | C | NP | NP | |
Parking Garage, Private | § 102 | C | C | C |
Parking Lot, Private | 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* | NP | NP | NP | |
Light Manufacturing | P(5) | P | P | |
Institutional Use Category | ||||
Institutional Uses* | § 102 | P | P | P |
Hospital | § 102 | C | C | C |
Medical Cannabis Dispensary | DR | DR | NP | |
Public Facilities | § 102 | C | C | C |
Sales and Service Use Category | ||||
Retail Sales and Service Uses* | P | P | P | |
Adult Business | § 102 | C | C | NP |
Adult Sex Venue | § 102 | C | C | NP |
Animal Hospital | § 102 | C | C | NP |
Bar | C(7) | C(7) | NP | |
Cannabis Retail | C | C | NP | |
Flexible Retail | P | NP | NP | |
Hotel | § 102 | C | C | C |
Kennel | § 102 | C | C | NP |
Liquor Store | § 102 | NP | NP | NP |
Massage Establishment | P | C(9) | NP(9) | |
Massage, Foot/Chair | § 102 | P | C | NP |
Mortuary | § 102 | C | C | C |
Motel | NP | NP | NP | |
Restaurant | C(7) | NP | NP | |
Restaurant, Limited | 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) |
Boundaries: The FFSRUD and its ¼ mile buffer includes, but is not limited to, the Mission Street Neighborhood Commercial Transit District. |
(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. |
(7) The total number of Eating and Drinking uses (Restaurants, Limited Restaurants, and Bars) within the District shall not exceed 179. A new Restaurant, Limited Restaurant, or Bar shall not be permitted if it would result in a net total of more than 179 Eating and Drinking uses in the District. Accessory Limited Restaurants are not subject to and do not count toward the 179 cap on Eating and Drinking uses. |
(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 196-11
, File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 75-12
, File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 56-13
, File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 287-13
, File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 235-14
, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15
, File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15
, File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15
, File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 33-16
, File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16
, File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16
, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; redesignated and amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 17-18, File No. 171173, App. 2/9/2018, Eff. 3/12/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 273-18, File No. 180803, App. 11/20/2018, Eff. 12/21/2018; Ord. 277, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024)
AMENDMENT HISTORY
Zoning Control Table: 736.69C and 736.69D added; Ord. 66-11
, Eff. 5/20/2011. Zoning Control Table: title amended, 736.13b amended, 736.69, 736.69A, and 736.69B added; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: 736.69, 736.69A, and 736.69B added; Ord. 196-11
, Eff. 11/3/2011. Zoning Control Table: 736.43 and 736.44 amended, former categories 736.42, 736.67, and 736.69A deleted; Ord. 75-12
, 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. 56-13
, 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. 287-13
, Eff. 1/25/2014. Zoning Control Table: 736.26 amended; Specific Provisions: 736.54 amended; Ord. 235-14
, Eff. 12/26/2014. Zoning Control Table: 736.92b added; Ord. 14-15
, Eff. 3/15/2015. Zoning Control Table: 736.14, 736.15, 736.16, 736.17, and 736.30 amended; Ord. 20-15
, Eff. 3/22/2015. Section redesignated (formerly Sec. 736.1); Zoning Control Table: 736.54, 736.91, and 736.92 amended; Ord. 30-15
, 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. 33-16
, Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 736.91 amended; Specific Provisions: 736.91 added; Ord. 162-16
, Eff. 9/3/2016. Zoning Control Table: 736.33A added; Ord. 166-16
, Eff. 9/10/2016. Section redesignated (formerly Section 736; new Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Introductory material and Zoning Control Table amended; Note (4) added; Ord. 17-18, Eff. 3/12/2018. Zoning Control Table amended; Ord. 202-18, 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. 273-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 277, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Note (6) deleted; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table amended; Ord. 205-19, Eff. 10/12/2019. Zoning Control Table and Note (2) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (8) added; Ord. 78-20, Eff. 6/22/2020. Zoning Control Table and Notes (2) and (8) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (9) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (9) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (10)1
added; Ord. 190-22
, Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22
, Eff. 1/22/2023. Zoning Control Table amended; Ord. 248-23
, Eff. 1/14/2024. Division (c)(2), Zoning Control Table, and Note (7) amended; Ord. 249-23
, Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24
, Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24
, Eff. 4/28/2024.
CODIFICATION NOTE
1. Note “(10)” is referenced as “(9)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(9)” previously had been added to this section by Ord. 233-21.