SEC. 761. HAYES-GOUGH NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

The Folsom Street Neighborhood Commercial Transit District (Folsom Street NCT) is located along Folsom Street in the Western SoMa area, generally between 7th Street and 10th Streets.

The Folsom Street NCT has a pattern of ground floor commercial and 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. Active, neighborhood-serving commercial development is required at the ground story where transparency and fenestration requirements add to the activation at the street level. While offices and general retail sales uses may locate on the second story, most commercial uses are prohibited above the second story. In order to protect the balance and variety of retail use, bars and restaurants are permitted on the ground floor, and liquor stores are allowed with a conditional use. Continuous non-residential frontage is promoted by prohibiting drive-up facilities, some automobile uses, and permitting a mix of commercial and production, distribution, and repair uses. Parking is required to be setback if above grade or locate below ground. Active, pedestrian-oriented ground floor uses are required.

Housing development in new buildings is encouraged above the ground story, and student housing is only permitted in newly constructed buildings. Housing density is not controlled by the size of the lot or by density controls, but by bedroom counts. Given the area’s central location and accessibility to the City’s transit network, parking for residential and commercial uses is not required. Accessory Dwelling Units are permitted within the district pursuant to Section 207.1 of this Code.

Table 757. FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT
ZONING CONTROL TABLE

		Folsom Street NCT
Zoning Category	§ References	Controls
BUILDING STANDARDS
Massing and Setbacks
Height and Bulk Limits.	§§ 102, 105, 106, 250–252, 260, 261.1, 263.29, 270, 271, 823(c)(11). See also Height and Bulk District Maps	65-X to 75-X. See Height and Bulk Map Sheets HT01, HT07, and HT08 for more information. Height sculpting required on alleys per § 261.1.
5 Foot Height Bonus for Active Ground Floor Uses	§ 263.20	NP
Rear Yard	§§ 130, 134, 134(a)(e), 136, 823(c)	Required at the Second Story and at each succeeding level or Story of the building, and at the First Story if it contains a Dwelling Unit: 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	Not Required
Vehicular Access Restrictions	§ 155(r)	See Section 155(r)
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	§ 823(b), and General Plan Commerce and Industry Element	WSoMa Design Standards and the Urban Design Guidelines.

Zoning Category	§ References	Controls
RESIDENTIAL STANDARDS AND USES
Development Standards
Usable Open Space [Per Dwelling Unit]	§§ 135, 136, 823(c)(2)	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. Roof decks do not qualify.
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	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	§§ 102; 202.10	P(10)
Single Room Occupancy	§§ 102, 823(c)(7)	P
Student Housing	§ 102	C in newly constructed buildings, NP otherwise.
Residential Uses		Controls By Story
Residential Uses		1st	2nd	3rd+
Residential Uses (except for Group Housing, see below)	§ 102	P	P	P
Group Housing	§§ 102, 208	C(1)	C	C
Accessory Dwelling Unit	§§ 102, 207.1, 207.2	P per Planning Code Sections 207.1 and 207.2.
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, required Dwelling Unit mix, 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
Loss and Division of Dwelling Units		1st	2nd	3rd+
Residential Conversion	§ 317	C	C	NP
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	2.5 to 1
Use Size	§ 102, 121.2	P up to 3,999 square feet; C 4,000 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, 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, 823(c)(10)	C
Hours of Operation	§ 102	P 6 a.m. - 2 a.m.; C 2 a.m.- 6 a.m.
Maritime Use	§ 102	NP
Open Air Sales	§§ 102, 703(b)	See § 703(b)
Outdoor Activity Area	§§ 102, 145.2, 202.2	P at 1st and 2nd Floors if located in front or it complies with Section 202.2(a)(7); 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, 187.1, 202.2(b)	NP	NP	NP
Automotive Repair	§ 102	C(2)	NP	NP
Electric Vehicle Charging Location	§§ 102, 202.2(b), 202.13	C(12)1	C(12)	C(12)
Fleet Charging	§ 102	C	C	C
Entertainment, Arts and Recreation Use Category
Entertainment, Arts and Recreation Uses*	§§ 102, 202.4	NP	NP	NP
Arts Activities	§ 102	P	P	P
Entertainment, General	§ 102	P	P	P
Entertainment, Nighttime	§ 102	NP(13)2	NP(13)	NP(13)
Entertainment, Nighttime3	§ 102	NP(3)	NP(3)	NP(3)
Livery Stable	§ 102	P(4)	NP	NP
Movie Theater	§§ 102, 202.4	P	P	P
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
Manufacturing, Light	§§ 102, 202.2(d)	P	P	NP
Institutional Use Category
Institutional Uses*	§ 102	NP	NP	NP
Child Care Facility	§ 102	P	P	P
Community Facility	§ 102	P	P	P
Community Facility, Private	§ 102	P	P	NP
Job Training	§ 102	P	P	C
Medical Cannabis Dispensary	§§ 102, 202.2(e)	DR	DR	NP
Public Facility	§ 102	P	P	P
Residential Care Facility	§ 102	NP	C	C
School	§ 102	P	P	P
Social Service or Philanthropic Facility	§ 102	P	P	P
Sales and Service Use Category
Retail Sales and Service Uses*	§§ 102, 202.2(a), 202.3	P	P	NP
Adult Business	§ 102	NP	NP	NP
Adult Sex Venue	§§ 102; 202.2(a)(8)	P	P	P
Animal Hospital	§ 102	P(4)	P	NP
Bar	§§ 102, 202.2(a)	P	P	NP
Cannabis Retail	§§ 102, 202.2(a)	C	C	NP
Flexible Retail	§§ 102, 202.9	P	NP	NP
Gym	§ 102	P(8)	P	NP
Hotel	§ 102	P(5)	P(5)	P(5)
Kennel	§ 102	P(4)	NP	NP
Liquor Store	§ 102	C	NP	NP
Massage Establishment	§§ 102, 204, 303(n), 703	P(7)(8)	C(11)	NP(11)
Massage, Foot/Chair	§ 102	P	C	NP
Mortuary	§ 102	NP	NP	NP
Motel	§§ 102, 202.2(a)	NP	NP	NP
Restaurant	§§ 102, 202.2(a)	P(6)	P	NP
Restaurant, Limited	§§ 102, 202.2(a)	P(6)	P	NP
Services, Financial	§ 102	P(7)(8)	NP	NP
Services, Fringe Financial	§ 102	NP	NP	NP
Services, Health	§ 102	P(7)(8)	NP	NP
Services, Limited Financial	§ 102	NP	NP	NP
Services, Personal	§ 102	P(8)	P(8)	NP
Services, Retail Professional	§ 102	P	P	P
Storage, Self	§ 102	NP	NP	NP
Tobacco Paraphernalia Establishment	§ 102	NP	NP	NP
Trade Shop	§ 102	P	C	NP
Non-Retail Sales and Service*	§ 102	NP	NP	NP
Design Professional	§ 102	P(7)	NP	NP
Service, Non-Retail Professional	§ 102	C	P	NP
Trade Office	§ 102	P(7)	NP	NP
Wholesale Sales	§ 102	P	P	NP
Utility and Infrastructure Use Category
Utility and Infrastructure*	§ 102	C(9)	C(9)	C(9)
Power Plant	§ 102	NP	NP	NP
Public Utilities Yard	§ 102	NP	NP	NP

* Not listed below

(1) NP on 1st floor on lots with more than 25 feet of street frontage

(2) Ingress/egress onto alleys, as defined in the Western SoMa Community Plan, containing RED or RED-MX Districts is NP

(3)3 P for properties fronting Folsom Street between 7th Street and Division Street.

(4) P for grooming and daycare only; no 24 hour care.

(5) NP above 25 rooms per Hotel.

(6) NP above 10,000 Gross Square Feet per Lot.

(7) [Note deleted.]

(8) P on first or second floor, but not both.

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

(10) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(11) P if accessory to a Hotel, Personal Service or Health Service.

(12)1 P where existing use is any Automotive Use.

(13)2 P on properties fronting Folsom Street between 7th Street and Division Street.

(Added by Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; amended by 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. 102-16 , File No. 160346, App. 6/24/2016, Eff. 7/24/2016; 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. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, 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. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; 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. 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; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; 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. 22-23, File No. 221104, App. 2/23/2023, Eff. 3/26/2023; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; 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: 743.26 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 743.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 743.14, 743.15, 743.16, and 743.17 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 743.1); Zoning Control Table: 743.54, 743.91, and 743.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: former categories 743.37, 743.38, and 743.39 deleted, 743.96, 743.97, and 743.98 added; Ord. 33-16 , Eff. 4/10/2016. Zoning Control Table: 743.10 amended; Ord. 102-16 , Eff. 7/24/2016. Introductory material amended; Zoning Control Table: 743.91 amended; Specific Provisions: 743.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 743.33A added; Ord. 166-16 , Eff. 9/10/2016. Section redesignated (formerly Section 743); 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. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (3) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19 , Eff. 9/9/2019. Zoning Control Table amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (10) added; Ord. 78-20, Eff. 6/22/2020. Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 111-21, Eff. 9/4/2021. Zoning Control Table and Note (10) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (11) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (11) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (12)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Note (13)2 added; Ord. 22-23 , Eff. 3/26/2023. Zoning Control Table amended; Note (3) added; Ord. 70-23 , Eff. 6/3/2023. Zoning Control Table amended; Note (7) deleted; 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 “(12)” is referenced as “(11)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(11)” previously had been added to this section by Ord. 233-21.

2. Note “(13)” is referenced as “(10)” in Ord. 22-23. The note was redesignated by the codifier because a note designated as “(10)” previously had been added to this section by Ord. 78-20.

3. So in Ord. 70-23.

Editor’s Note:
See also Sec. 703.9, “Preservation of Historic Buildings Within the Folsom Street NCT and RCD Districts.”

SEC. 758. REGIONAL COMMERCIAL DISTRICT.

The Regional Commercial District (RCD) is located along the 9th Street and 10th Street corridors, generally running from Mission Street to Harrison Street, and provides for a wide variety of commercial uses and services to a population greater than the immediate neighborhood. While providing convenience goods and services to the surrounding neighborhood, the RCD corridors are also heavily trafficked thoroughfares into and out of the City that serve shoppers from other neighborhoods and cities.

Large-scale lots and buildings and wide streets distinguish the RCD from smaller-scaled neighborhood commercial streets, although the district also includes small as well as moderately scaled lots. Buildings typically range in height from two to four stories with occasional taller structures.

A diverse commercial environment is encouraged for the RCD. Eating and drinking establishments, general retail, office, certain auto uses, and production, distribution, and repair uses generally are permitted with certain limitations at the first and second stories. Arts Activities are encouraged on all floors and Nighttime Entertainment uses are allowed on the First and Second Stories in historic buildings with Conditional Use authorization, except that Nighttime Entertainment uses are Principally Permitted in Article 10 Landmark Building No. 120 (currently St. Joseph’s Church at 1401 Howard Street) and on properties fronting Folsom Street between 7th Street and Division Street.

Housing development is encouraged at the second story and above, and permitted on the ground floor on smaller lots. Student housing is not permitted, and existing residential units are protected by limitations on demolitions and conversions. Accessory Dwelling Units are permitted within the district pursuant to Section 207.1 of this Code.

Table 758. REGIONAL COMMERCIAL DISTRICT
ZONING CONTROL TABLE

		Regional Commercial District
Zoning Category	§ References	Controls
BUILDING STANDARDS
Massing and Setbacks
Height and Bulk Limits.	§§ 102, 105, 106, 250–252, 260, 261.1, 263.29, 270, 271, 823(c)(11). See also Height and Bulk District Maps	55-X, 65-X. See Height and Bulk Map Sheets HT07 and HT08 for more information. Height sculpting required on narrow streets
5 Foot Height Bonus for Active Ground Floor Uses	§ 263.20	NP
Rear Yard	§§ 130, 134, 134(a)(e), 136, 823(c)	Required at the Second Story and at each succeeding level or Story of the building, and at the First Story if it contains a Dwelling Unit: 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	Not Required
Vehicular Access Restrictions	§ 155(r)	See Section 155(r)
Miscellaneous
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	§ 823(b), and General Plan Commerce and Industry Element	WSoMa Design Standards and the Urban Design Guidelines.

Zoning Category	§ References	Controls
RESIDENTIAL STANDARDS AND USES
Development Standards
Usable Open Space [Per Dwelling Unit]	§§ 135, 136, 823(c)(2)	80 square feet per unit if private, or 100 square feet per unit if common - roof decks do not qualify.
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	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	§§ 102; 202.10	P(9)
Single Room Occupancy	§§ 102, 823(c)(7)	P, except on the ground floor
Student Housing	§ 102	NP
Residential Uses		Controls By Story
Residential Uses		1st	2nd	3rd+
Residential Uses (Except for Group Housing, see below)	§ 102	P	P	P
Accessory Dwelling Unit	§§ 102, 207.1, 207.2	P per Planning Code Sections 207.1 and 207.2.
Group Housing	§ 102, 208	C(1)	C	C
Dwelling Units, Group Housing and Senior 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, required dwelling unit mix, 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
Loss and Division of Dwelling Units		1st	2nd	3rd+
Residential Conversion	§ 317	C	C	NP
Residential Demolition and 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	2.5 to 1
Use Size	§ 102, 121.2	P up to 10,000 square feet; C above; NP above 25,000 square feet except for Schools and Child Care Facilities
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, 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, 823(c)(10)	C
Hours of Operation	§ 102	P 6 a.m. - 2 a.m.; C 2 a.m.- 6 a.m.
Maritime Use	§ 102	NP
Open Air Sales	§§ 102, 703(b)	See § 703(b)
Outdoor Activity Area	§§ 102, 145.2, 202.2	P at 1st and 2nd Floors if located in front or it complies with Section 202.2(a)(7); 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, 187.1, 202.2(b)	NP	NP	NP
Automotive Repair	§ 102	C(2)	NP	NP
Electric Vehicle Charging Location	§§ 102, 202.2(b), 202.13	C(11)1	C(11)	C(11)
Fleet Charging	§ 102	C	C	C
Parking Garage, Private	§ 102, 158.1	C	NP	NP
Parking Garage, Public	§ 102, 158.1	C	NP	NP
Parking Lot, Private	§§ 102, 142, 156, 158.1	C	NP	NP
Parking Lot, Public	§§ 102, 142, 156, 158.1	C	NP	NP
Entertainment, Arts and Recreation Use Category
Entertainment, Arts and Recreation Uses*	§§ 102, 202.4	NP	NP	NP
Arts Activities	§ 102	P	P	P
Entertainment, General	§ 102	C(4)	C(4)	NP
Entertainment, Nighttime	§ 102	NP(3)(4)	NP(3)(4)	NP(3)(4)
Movie Theater	§§ 102, 202.4	C	C	C
Open Recreation Area	§ 102	P	P	P
Passive Outdoor Recreation	§ 102	P	P	P
Industrial Use Category
Industrial Uses*	§§ 102, 202.2(d)	NP	NP	NP
Manufacturing, Light	§§ 102, 202.2(d)	P	P	NP
Institutional Use Category
Institutional Uses*	§ 102, 202.2(e)	NP	NP	NP
Child Care Facility	§ 102	P	P	P
Community Facility	§ 102	P	P	P
Community Facility, Private	§ 102	C	C	C
Job Training	§ 102	P	P	P
Medical Cannabis Dispensary	§ 102, 202.2(e)	DR	DR	NP
Public Facility	§ 102	P	P	P
Residential Care Facility	§ 102	NP	C	C
School	§ 102	P	P	P
Social Service or Philanthropic Facility	§ 102	P	P	P
Sales and Service Use Category
Retail Sales and Service Uses*	§§ 102, 202.2(a), 202.3	P	P	NP
Adult Business	§ 102	NP	NP	NP
Adult Sex Venue	§§ 102; 202.2(a)(8)	P	P	P
Animal Hospital	§ 102	P	P	NP
Bar	§§ 102, 202.2(a)	P	P	NP
Cannabis Retail	§§ 102, 202.2(a)	C	C	NP
Flexible Retail	§§ 102, 202.9	P	NP	NP
Hotel	§ 102	NP	NP	NP
Kennel	§ 102	P(8)	NP	NP
Liquor Store	§ 102	C	NP	NP
Massage Establishment	§§ 102, 204, 303(n), 703	P(6)(7)	C(7)(10)	NP(7)(10)
Massage, Foot/Chair	§ 102	P	C	NP
Mortuary	§ 102	NP	NP	NP
Motel	§§ 102, 202.2(a)	NP	NP	NP
Restaurant	§§ 102, 202.2(a)	P(5)	P	NP
Restaurant, Limited	§§ 102, 202.2(a)	P(5)	P	NP
Services, Financial	§ 102	P(6)(7)	NP	NP
Services, Fringe Financial	§ 102	NP	NP	NP
Services, Health	§ 102	P(6)(7)	NP	NP
Services, Limited Financial	§ 102	NP	NP	NP
Services, Personal	§ 102	P(7)	P	NP
Services, Retail Professional	§ 102	P	P	P
Storage, Self	§ 102	NP	NP	NP
Tobacco Paraphernalia Establishment	§ 102	NP	NP	NP
Trade Shop	§ 102	P	C	NP
Non-Retail Sales and Service*	§ 102	NP	NP	NP
Design Professional	§ 102	P(6)	NP	NP
Service, Non-Retail Professional	§ 102	P	P	NP
Storage, Commercial	§ 102	P	C	NP
Trade Office	§ 102	P(6)	NP	NP
Wholesale Sales	§ 102	P	P	NP
Utility and Infrastructure Use Category
Utility and Infrastructure*	§ 102	P	P	P
Power Plant	§ 102	NP	NP	NP
Public Utilities Yard	§ 102	NP	NP	NP

* Not listed below

(1) NP on 1st floor on lots with more than 25 feet of street frontage.

(2) Allowed with C so long as there is no ingress/ egress onto alleys, as defined in the Western SoMa Community Plan, containing RED or RED-MX Districts

(3) C on First and Second Story in historic buildings and P in Article 10 Landmark Building No. 120 (St. Joseph’s Church at 1401 Howard Street) per Section 703.9, and P on properties fronting Folsom Street between 7th Street and Division Street.

(4) P for properties fronting Folsom Street between 7th Street and Division Street.

(5) P up to 10,000 gross square feet per lot; NP above.

(6) P when primarily open to the general public on a client-oriented basis.

(7) P on first or second floor, but not on both; P on all floors in Historic Buildings.

(8) P for grooming and daycare only; no 24 hour care.

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

(10) P if accessory to a Hotel, Personal Service or Health Service.

(11)1 P where existing use is any Automotive Use.

(Added by Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; amended by Ord. 204-14 , File No. 140724, App. 10/9/2014, Eff. 11/8/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; 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. 102-16 , File No. 160346, App. 6/24/2016, Eff. 7/24/2016; 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. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, 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. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 115-19, File No. 181153, App. 6/28/2019, Eff. 7/29/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; 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. 22-23, File No. 221104, App. 2/23/2023, Eff. 3/26/2023; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; 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: 744.21 amended; Ord. 42-13 , Eff. 4/27/2013. Zoning Control Table: 744.21 amended; Ord. 204-14 , Eff. 11/8/2014. Zoning Control Table: 744.26 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 744.14, 744.15, 744.16, and 744.17 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 744.1); Zoning Control Table: 744.54, 744.91, and 744.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: former categories 744.37, 744.38, and 744.39 deleted, 744.96, 744.97, and 744.98 added; Ord. 33-16 , Eff. 4/10/2016. Zoning Control Table: 744.10 amended; Ord. 102-16 , Eff. 7/24/2016. Introductory material amended; Zoning Control Table: 744.91 amended; Specific Provisions: 744.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 744.33A added; Ord. 166-16 , Eff. 9/10/2016. Section redesignated (formerly Section 744); new Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; [former] Note (3) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (4) deleted; Ord. 303-18, Eff. 1/21/2019. Introductory material and Zoning Control Table amended; Note (3) added; Ord. 115-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 111-21, Eff. 9/4/2021. Zoning Control Table amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (10) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (10) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (11)2 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Introductory material and Note (3) amended; Ord. 22-23 , Eff. 3/26/2023. Zoning Control Table and Note (3) amended; Note (4) added; Ord. 70-23 , Eff. 6/3/2023. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table 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 “(11)” is referenced as “(10)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(10)” previously had been added to this section by Ord. 233-21.

Editor’s Note:
See also Sec. 703.9, “Preservation of Historic Buildings Within the Folsom Street NCT and RCD Districts.”

SEC. 759. DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

The Divisadero Street Neighborhood Commercial Transit District (“Divisadero Street NCT”) extends along Divisadero Street between Haight and O’Farrell Streets. Divisadero Street’s dense mixed-use character consists of buildings with residential units above ground-story commercial use. Buildings typically range in height from two to four stories with occasional one-story commercial buildings. The district has an active and continuous commercial frontage along Divisadero Street for most of its length. Divisadero Street is an important public transit corridor and throughway street. The commercial district provides convenience goods and services to the surrounding neighborhoods as well as limited comparison shopping goods for a wider market.

The Divisadero Street NCT controls are designed to encourage and promote development that enhances the walkable, mixed-use character of the corridor and surrounding neighborhoods. Rear yard requirements above the ground story and at residential levels preserve open space corridors of interior blocks. Housing development in new buildings is encouraged above the ground story. Existing residential units are protected by limitations on demolition and upper-story conversions. Accessory Dwelling Units are permitted within the district pursuant to Section 207.1 of this Code.

Consistent with Divisadero Street’s existing mixed-use character, new commercial development is permitted at the ground and second stories. Most neighborhood-serving businesses are strongly encouraged. Controls on new Formula Retail uses are consistent with Citywide policy for Neighborhood Commercial Districts;2 The second story may be used by some retail stores, personal services, and medical, business and professional offices. Additional flexibility is offered for second-floor Eating and Drinking, Entertainment, and Trade Shop uses in existing non-residential buildings to encourage the preservation and reuse of such buildings. Hotels are monitored at all stories. Limits on late-night activity, drive-up facilities, and other automobile uses protect the livability within and around the district, and promote continuous retail frontage.

If the Planning Department determines that any site proposed for residential development and located within the Divisadero Street NCT has received a 50% or greater increase in residential densities over prior zoning through the adoption of Ordinance No. 127-15, any development project that is subject to the Inclusionary Affordable Housing Program on such site shall pay the Affordable Housing Fee, or provide one of the Alternatives to Payment of the Affordable Housing Fee, set forth in Planning Code Sections 415 et seq., except that the amount of the Affordable Housing Fee or Alternatives to Payment of the Affordable Housing Fee shall be modified as set forth in Planning Code Sections 428 et seq.

Table 759. DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT
ZONING CONTROL TABLE

		Divisadero St. NCT
Zoning Category	§ References	Controls
BUILDING STANDARDS
Massing and Setbacks
Height and Bulk Limits.	§§ 102, 105, 106, 250–252, 260, 261.1, 270, 271. See also Height and Bulk District Maps	65-A, and 40-X south of Oak Street. See Height and Bulk Map Sheets HT02 and 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	§§ 130, 134, 134(a)(e), 136	Required at the Second Story and at each succeeding level or Story of the building, and at the First Story if it contains a Dwelling Unit: 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 along Divisadero Street for the entirety of the District
Vehicular Access Restrictions	§ 155(r)	See Section 155(r)
Miscellaneous
Lot Size (Per Development)	§§ 102, 121.1	P(11)
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	100 square feet if private, or 133 square feet if common, or the amount of open space required in the nearest Residential District, whichever is less.
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 cars per Dwelling Unit; NP above. 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	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	§§ 102; 202.10	P(8)
Single Room Occupancy	§ 102	P
Student Housing	§ 102	P
Residential Uses		Controls By Story
Residential Uses		1st	2nd	3rd+
Residential Uses	§ 102	P(1)	P	P
Accessory Dwelling Unit	§§ 102, 207.1, 207.2	P per Planning Code Sections 207.1 and 207.2.
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, required dwelling unit mix, 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
Loss and Division of Dwelling Units		1st	2nd	3rd+
Residential Conversion	§ 317	C	C	NP
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	2.5 to 1
Use Size	§§ 102, 121.2	P up to 3,999 square feet; C 4,000 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, 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	P 6 a.m. - 2 a.m.; C 2 a.m.- 6 a.m.
Maritime Use	§ 102	NP
Open Air Sales	§§ 102, 703(b)	See § 703(b)
Outdoor Activity Area	§§ 102, 145.2, 202.2	P if located in front or it complies with Section 202.2(a)(7); 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, 202.2(b)	NP	NP	NP
Automotive Repair	§ 102	C	NP	NP
Automotive Service Station	§§ 102, 187.1, 202.2(b)	C	NP	NP
Electric Vehicle Charging Location	§§ 102, 202.2(b), 202.13	C(10)1	C(10)	C(10)
Fleet Charging	§ 102	C	C	C
Gas Station	§§ 102, 187.1, 202.2(b)	C	NP	NP
Parking Garage, Private	§ 102	C	NP	NP
Parking Garage, Public	§ 102	C	NP	NP
Parking Lot, Private	§§ 102, 142, 156	C	NP	NP
Parking Lot, Public	§§ 102, 142, 156	C	NP	NP
Entertainment, Arts and Recreation Use Category
Entertainment, Arts and Recreation Uses*	§ 102	NP	NP	NP
Arts Activities	§ 102	P	P	P
Entertainment, General	§ 102	P	P(2)	NP
Entertainment, Nighttime	§ 102	P	P(2)	NP
Movie Theater	§§ 102, 202.4	P	P(2)	P
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
Institutional Use Category
Institutional Uses*	§ 102	P	C	C
Child Care Facility	§ 102	P	P	P
Community Facility	§ 102	P	P	P
Hospital	§ 102	NP	NP	NP
Medical Cannabis Dispensary	§§ 102, 202.2(e)	DR	DR	NP
Public Facilities	§ 102	P	P	P
Residential Care Facility	§ 102	P	P	P
Social Service or Philanthropic Facility	§ 102	P	P	P
Sales and Service Use Category
Retail Sales and Service Uses*	§§ 102, 202.2(a), 202.3	P	P	NP
Adult Business	§ 102	NP	NP	NP
Adult Sex Venue	§ 102	NP	NP	NP
Animal Hospital	§ 102	P	P	NP
Bar	§§ 102, 202.2(a)	P	P(2)	NP
Cannabis Retail	§§ 102, 202.2(a)	C	C	NP
Flexible Retail	§§ 102, 202.9	P	NP	NP
Grocery, General	§§ 102, 202.3	P(5)	P(5)	NP
Grocery, Specialty	§ 102	P(5)	P(5)	NP
Hotel	§ 102	C	C	C
Kennel	§ 102	C	NP	NP
Liquor Store	§ 102	NP(5)	NP	NP
Massage Establishment	§§ 102, 204, 303(n), 703	P	C(9)	NP(9)
Massage, Foot/Chair	§ 102	P	NP	NP
Mortuary	§ 102	NP	NP	NP
Motel	§§ 102, 202.2(a)	NP	NP	NP
Restaurant	§§ 102, 202.2(a)	P	P(2)	NP
Restaurant, Limited	§§ 102, 202.2(a)	P	P(2)	NP
Retail Sales and Service, General	§§ 102, 202.3	P(5)	P(5)	NP
Services, Financial	§ 102	C	NP	NP
Services, Fringe Financial	§ 102	NP(6)	NP(6)	NP(6)
Services, Limited Financial	§ 102	P	NP	NP
Services, Retail Professional	§ 102	P	P	P
Storage, Self	§ 102	NP	NP	NP
Tobacco Paraphernalia Establishment	§ 102	C	NP	NP
Trade Shop	§ 102	P	P(2)	NP
Non-Retail Sales and Service*	§ 102	NP	NP	NP
Design Professional	§ 102	P	P	NP
Service, Non-Retail Professional	§ 102	C	P	NP
Trade Office	§ 102	P	P	NP
Utility and Infrastructure Use Category
Utility and Infrastructure*	§ 102	C(7)	C(7)	C(7)
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) P on the Second Story of existing buildings which have had no immediately prior second-story Residential Use, otherwise NP.

(3) [Note deleted.]

(4) [Note deleted.]

(5) (a) Liquor Stores are not permitted within the Divisadero Street NCT, except Liquor Stores are P for the buildings located on Assessor’s Block 1215 Lots 018-089. Liquor Store uses which become inactive for more than 180 days may not be reestablished. A lawfully existing Liquor Store may relocate within the district with Conditional Use authorization;

(b) Liquor Stores, General Grocery Stores, and Specialty Grocery Stores shall comply with the following Good Neighbor requirements:

(i) The business operator shall maintain the main entrance to the building and all sidewalks abutting the subject property in a clean and sanitary condition in compliance with the Department of Public Works Streets and Sidewalk Maintenance Standards. In addition the operator shall be responsible for daily monitoring of the sidewalk within a one-block radius of the subject business to maintain the sidewalk free of litter associated with the business during business hours in accordance with Article 1 Section 34 of the San Francisco Police Code. For information about compliance, contact Bureau of Street Use and Mapping, Department of Public Works.

(ii) The business operator shall provide outside lighting in a manner sufficient to illuminate street and sidewalk areas and adjacent parking as appropriate to maintain security, without disturbing area residences.

(iii) No more than one-third of the square footage of the windows and clear doors of the business shall bear advertising or signage of any sort and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises including the area in which the cash registers are maintained from the exterior public sidewalk or entrance to the premises.

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

Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, properties within the Divisadero Street NCD.

Controls: Fringe Financial Services are NP within any FFSRUD and its 1/4 mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

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

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

(9) P if accessory to a Hotel, Personal Service or Health Service.

(10)1 P where existing use is any Automotive Use.

(11) C for 10,000 square feet and above if located within the Priority Equity Geographies Special Use District established under Section 249.97.

(Added by Ord. 227-14, File No. 120796, App. 11/13/2014, Eff. 12/13/2014; redesignated and amended by Ord. 127-15 , File No. 150082, App. 7/17/2015, Eff. 8/16/2015; 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. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, 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. 295-18, File No. 151258, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; 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; Proposition H, 11/3/2020, Eff. 12/18/2020; 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; Ord. 117-24, File No. 240263, App. 6/21/2024, Eff. 7/22/2024)

AMENDMENT HISTORY

Section redesignated (formerly Sec. 746.1); section header and introductory material amended; Zoning Control Table: 746.91 and 746.92 amended; Ord. 127-15 , Eff. 8/16/2015. Zoning Control Table: former categories 746.36, 746.37, 746.38, and 746.39 deleted, 746.96, 746.97, and 746.98 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 746.91 amended; Specific Provisions: 746.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 746.33A added; Ord. 166-16 , Eff. 9/10/2016. Section redesignated (formerly Section 746); 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; Note (3) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Fourth paragraph added to introductory material; Ord. 295-18, Eff. 1/7/2019. Zoning Control Table amended; Note (4) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19 , Eff. 9/9/2019. Zoning Control Table amended; Ord. 205-19, Eff. 10/12/2019. Zoning Control Table and Note (6) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (8) added; Ord. 78-20, Eff. 6/22/2020. Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Notes (6) 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; Note (11) added; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table 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. Note (5) amended; Ord. 117-24 , Eff. 7/22/2024.

CODIFICATION NOTES

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.

2. So in Proposition H, 11/3/2020.

SEC. 760. FILLMORE STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

The Fillmore Street Neighborhood Commercial Transit District (“Fillmore Street NCT”) extends along Fillmore Street between Bush and McAllister Streets. Fillmore Street’s dense mixed-use character consists of buildings with residential units above ground-story commercial use. Buildings range in height from one-story commercial buildings to high-rise towers. Fillmore Street and Geary Boulevard are important public transit corridors. The commercial district provides convenience goods and services to the surrounding neighborhoods as well as shopping, cultural, and entertainment uses that attract visitors from near and far.

The Fillmore Street NCT controls are designed to encourage and promote development that enhances the walkable, mixed-use character of the corridor and surrounding neighborhoods. Rear yard requirements at residential levels preserve open space corridors of interior blocks. Housing development in new buildings is encouraged above the ground story. Existing residential units are protected by limitations on demolition and upper-story conversions. Accessory Dwelling Units are permitted within the district pursuant to Section 207.1 of this Code.

Consistent with Fillmore Street’s existing mixed-use character, new commercial development is permitted at the ground and second stories. Most neighborhood- and visitor-serving businesses are strongly encouraged. Controls on new Formula Retail uses are consistent with Citywide policy for Neighborhood Commercial Districts. The second story may be used by some retail stores, personal services, and medical, business, and professional offices. Parking and hotels are monitored at all stories. Limits on drive-up facilities and other automobile uses protect the livability within and around the district and promote continuous retail frontage.

Table 760. FILLMORE STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT
ZONING CONTROL TABLE

		Fillmore St. NCT
Zoning Category	§ References	Controls
BUILDING STANDARDS
Massing and Setbacks
Height and Bulk Limits.	§§ 102, 105, 106, 250–252, 260, 261.1, 270, 271. See also Height and Bulk District Maps	Varies, but generally 50-X south. See Height and Bulk Map Sheet HT02 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	§§ 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 along Fillmore Street from Bush Street to McAllister Street
Vehicular Access Restrictions	§ 155(r)	See Section 155(r)
Miscellaneous
Lot Size (Per Development)	§§ 102, 121.1	P(7)
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, or the amount of open space required in the nearest Residential District, whichever is less.
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; NP above. 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	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	§§ 102; 202.10	P(4)
Single Room Occupancy	§ 102	P
Student Housing	§ 102	P
Residential Uses		Controls By Story
Residential Uses		1st	2nd	3rd+
Residential Uses	§ 102	P(1)	P	P
Accessory Dwelling Unit	§§ 102, 207.1, 207.2	P per Planning Code Sections 207.1 and 207.2.
Dwelling Units, Senior Housing, and 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, required dwelling unit mix, 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
Loss and Division of Dwelling Units		1st	2nd	3rd+
Residential Conversion	§ 317	C	NP	NP
Residential Demolition and 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, 202.2	P if located in front or it complies with Section 202.2(a)(7); 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, 187.1, 202.2(b)	C	NP	NP
Automotive Repair	§ 102	C	C	NP
Electric Vehicle Charging Location	§§ 102, 202.2(b), 202.13	C(6)1	C(6)	C(6)
Fleet Charging	§ 102	C	C	C
Parking Garage, Private	§ 102	C	C	C
Parking Lot, Private	§§ 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	P	P	P
Entertainment, General	§ 102	P	P	NP
Entertainment, Nighttime	§ 102	P	P	NP
Movie Theater	§§ 102, 202.4	P	P	P
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
Institutional Use Category
Institutional Uses*	§ 102	P	P	P
Community Facility	§ 102	P	P	P
Hospital	§ 102	C	C	C
Medical Cannabis Dispensary	§§ 102, 202.2(e)	DR	DR	NP
Public Facilities	§ 102	P	P	P
Social Service or Philanthropic Facility	§ 102	P	P	P
Sales and Service Use Category
Retail Sales and Service Uses*	§§ 102, 202.2(a), 202.3	P	P	P
Adult Business	§ 102	C	C	NP
Adult Sex Venue	§ 102	C	C	NP
Animal Hospital	§ 102	P	P	NP
Bar	§§ 102, 202.2(a)	P	P	NP
Cannabis Retail	§§ 102, 202.2(a)	C	C	NP
Flexible Retail	§ 102	P	NP	NP
Gym	§ 102	P	P	NP
Hotel	§ 102	C	C	C
Kennel	§ 102	C	NP	NP
Liquor Store	§ 102	NP	NP	NP
Massage Establishment	§§ 102, 204, 303(n), 703	P	C(5)	NP(5)
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	P	NP
Restaurant, Limited	§§ 102, 202.2(a)	P	P	NP
Services, Financial	§ 102	P	P	NP
Services, Fringe Financial	§ 102	NP(2)	NP(2)	NP(2)
Services, Limited Financial	§ 102	P	P	NP
Services, Personal	§ 102	P	P	NP
Services, Retail Professional	§ 102	P	P	P
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	P	C
Storage, Commercial	§ 102	C	C	C
Trade Office	§ 102	P	P	P
Utility and Infrastructure Use Category
Utility and Infrastructure*	§ 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 1/4 mile buffer includes, but is not limited to, properties within the Fillmore Street NCD.

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

(4) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(5) P if accessory to a Hotel, Personal Service or Health Service.

(6)1 P where existing use is any Automotive Use.

(7) C for 10,000 square feet and above if located within the Priority Equity Geographies Special Use District established under Section 249.97.

(Added by Ord. 228-14 , File No. 120814, App. 11/13/2014, Eff. 12/13/2014; redesignated and amended by Ord. 126-15 , File No. 150081, App. 7/17/2015, Eff. 8/16/2015; 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. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, 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; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; 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. 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

Section redesignated (formerly Sec. 747.1); section header and introductory material amended; Zoning Control Table: 747.91 and 747.92 amended; Ord. 126-15 , Eff. 8/16/2015. Zoning Control Table: former categories 747.36, 747.37, 747.38, and 747.39 deleted, 747.96, 747.97, and 747.98 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 747.91 amended; Specific Provisions: 747.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 747.33A added; Ord. 166-16 , Eff. 9/10/2016. Section redesignated (formerly Section 747); 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. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, 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; 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 (4) added; Ord. 78-20, Eff. 6/22/2020. Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020.; Ord. 111-21, Eff. 9/4/2021. Zoning Control Table and Notes (2) and (4) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (5) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (5) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (6)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Note (7) added; Ord. 248-23 , 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 “(6)” is referenced as “(5)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(5)” previously had been added to this section by Ord. 233-21.

SEC. 761. HAYES-GOUGH NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

The Hayes-Gough Neighborhood Commercial Transit District is located within walking distance of the Civic Center, lying west of Franklin Street and east of Laguna Street, with its southern edge generally at Lily Street, with an extension south along both sides of Octavia Boulevard to Market Street. This mixed-use commercial district contains a limited range of retail commercial activity, which primarily caters to the immediate need of the neighborhood. The few comparison goods that it does provide attract clientele from a wider area outside its neighborhood, mostly the Performing Arts and Civic Center workers and visitors. There are a number of restaurants and art galleries, but other types of retail activity are limited.

The Hayes-Gough District controls are designed to allow for growth and expansion that is compatible with the existing building and use scales. Building standards protect the moderate building and Use Size and require rear yards at residential levels. To maintain the mixed-use character of the district, most commercial uses are permitted at the first and second stories and housing is strongly encouraged at the third story and above. Retail sales activity, especially neighborhood-serving businesses, is further promoted by restricting new ground-story medical, business and professional offices. To protect continuous frontage, drive-up and most automobile uses are prohibited, above-ground parking is required to be setback or below ground, and active, pedestrian-oriented ground floor uses are required on Hayes Street and portions of Octavia Boulevard.

Housing development in new buildings is encouraged above the second story, and is controlled not by lot area but by physical envelope controls. Existing residential units are protected by limitations on demolitions, mergers, subdivisions, and upper-story conversions. Given the area’s central location and accessibility to the downtown and to the City’s transit network, accessory parking for Residential Uses is not required. The code controls for this district are supported and augmented by design guidelines and policies in the Market and Octavia Area Plan of the General Plan.

Table 761. HAYES-GOUGH NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT
ZONING CONTROL TABLE

		Hayes-Gough NCT
Zoning Category	§ References	Controls
BUILDING STANDARDS
Massing and Setbacks
Height and Bulk Limits.	§§ 102, 105, 106, 250–252, 260, 261.1, 270, 271. See also Height and Bulk District Maps	Varies. See Height and Bulk Map Sheets HT02 and 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	§§ 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 Hayes Street; portions of Octavia Street
Vehicular Access Restrictions	§ 155(r)	Prohibited on Hayes Street between Franklin and Laguna Streets, and on Octavia Street between Hayes and Fell Streets. CU required on Haight between Market and Webster Streets and on Octavia between Fell and Market 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	60 square feet if private, or 80 square feet if common, or the amount of open space required in the nearest Residential District, whichever is less.
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. NP above 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	Generally Required for creation of five or more Dwelling Units. 40% of 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	§§ 102; 202.10	P(6)
Single Room Occupancy	§ 102	P
Student Housing	§ 102	P
Residential Uses		Controls By Story
Residential Uses		1st	2nd	3rd+
Residential Uses	§ 102	P(1)	P	P
Accessory Dwelling Units	§§ 102, 207.1, 207.2	P per Planning Code Sections 207.1 and 207.2.
Dwelling Units, Senior Housing, and Group Housing	§§ 102, 202.2(f), 207, 208	No residential 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	P density limits regulated by the Administrative Code
Loss and Division of Dwelling Units		Controls by Story
Loss and Division of Dwelling Units		1st	2nd	3rd+
Residential Conversion	§ 317	C	C	NP
Residential Demolition and 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	3.0 to 1
Use Size	§ 102, 121.2	P up to 2,999 square feet; C 3,000 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, 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	NP
Hours of Operation	§ 102	P 6 a.m. - 2 a.m.; C 2 a.m.- 6 a.m.
Maritime Use	§ 102	NP
Open Air Sales	§ 102, 703(b)	See Section 703(b)
Outdoor Activity Area	§§ 102, 145.2, 202.2	P if located in front or it complies with Section 202.2(a)(7); 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, 187.1, 202.2(b)	NP	NP	NP
Electric Vehicle Charging Location	§§ 102, 202.2(b), 202.13	C(8)1	C(8)	C(8)
Fleet Charging	§ 102	C	C	C
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
Entertainment, Arts and Recreation Use Category
Entertainment, Arts and Recreation Uses*	§ 102	NP	NP	NP
Arts Activities	§ 102	P	P	P
Entertainment, General	§ 102	P	P	NP
Entertainment, Nighttime	§ 102	C	NP	NP
Movie Theater	§§ 102, 202.4	P	P	P
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
Institutional Use Category
Institutional Uses*	§ 102	P	C	C
Child Care Facility	§ 102	P	P	P
Community Facility	§ 102	P	P	P
Hospital	§ 102	NP	NP	NP
Medical Cannabis Dispensary	§§ 102, 202.2(e)	DR	DR	NP
Public Facilities	§ 102	P	P	P
Residential Care Facility	§ 102	P	P	P
Social Service or Philanthropic Facility	§ 102	P	P	P
Sales and Service Use Category
Retail Sales and Service Uses*	§§ 102, 202.2(a), 202.3	P	P	NP
Adult Business	§ 102	NP	NP	NP
Adult Sex Venue	§ 102	NP	NP	NP
Animal Hospital	§ 102	P	P	NP
Bar	§§ 102, 202.2(a)	P	NP	NP
Cannabis Retail	§§ 102, 202.2(a)	C	C	NP
Flexible Retail	§§ 102, 202.9	P	NP	NP
Gym	§ 102	P	P	C
Hotel	§ 102	C	C	C
Kennel	§ 102	C	NP	NP
Liquor Store	§ 102	C	NP	NP
Massage Establishment	§§ 102, 204, 303(n), 703	C(7)	C(7)	NP(7)
Massage, Foot/Chair	§ 102	P	NP	NP
Mortuary	§ 102	NP	NP	NP
Motel	§§ 102, 202.2(a)	NP	NP	NP
Restaurant	§§ 102, 202.2(a)	P	P	NP
Restaurant, Limited	§§ 102, 202.2(a)	P	P	NP
Services, Financial	§ 102	P	C	NP
Services, Fringe Financial	§ 102	P(4)	NP	NP
Services, Health	§ 102	C	P	C
Services, Limited Financial	§ 102	P	NP	NP
Services, Personal	§ 102	P	P	C
Services, Retail Professional	§ 102	P	P	P
Storage, Self	§ 102	NP	NP	NP
Tobacco Paraphernalia Establishment	§ 102	C	NP	NP
Trade Shop	§ 102	P	C	NP
Non-Retail Sales and Service*	§ 102	NP	NP	NP
Design Professional	§ 102	C	P	C
Service, Non-Retail Professional	§ 102	C	P	NP
Trade Office	§ 102	C	P	C
Utility and Infrastructure Use Category
Utility and Infrastructure*	§ 102	C(5)	C(5)	C(5)
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) [Note deleted.]

(3) [Note deleted.]

(4) Subject to the restrictions set forth in Section 249.35, including, but not limited to, the proximity restrictions set forth in subsection 249.35(c)(3).

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

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

(7) P if accessory to a Hotel, Personal Service or Health Service.

(8)1 P where existing use is any Automotive Use.

(Added by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by 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. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, 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. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; 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. 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; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; 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. 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 amended; Note (2) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (3) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19 , Eff. 9/9/2019. Zoning Control Table amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (6) added; Ord. 78-20, Eff. 6/22/2020. Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 111-21, Eff. 9/4/2021. Zoning Control Table amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (7) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (7) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (8)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. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024.

CODIFICATION NOTE

1. Note “(8)” is referenced as “(7)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(7)” previously had been added to this section by Ord. 233-21.

SEC. 762. VALENCIA STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

The Valencia Street Commercial Transit District is located near the center of San Francisco in the Mission District. It lies along Valencia Street between 14th and Cesar Chavez (Army) Street, and includes a portion of 16th Street extending west toward Dolores Street. The commercial area provides a limited selection of convenience goods for the residents of sections of the Mission and Dolores Heights. Valencia Street also serves a wider trade area with its retail and wholesale home furnishings and appliance outlets. The commercial district also has several automobile-related businesses. Eating and drinking establishments contribute to the street’s mixed-use character and activity in the evening hours. A number of upper-story professional and business offices are located in the district, some in converted residential units.

The Valencia Street District has a pattern of large 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. 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 prohibiting drive-up facilities and some automobile uses, and limiting new nonretail commercial uses. Parking is not required, and any new parking is required to be set back or below ground. Active, pedestrian-oriented ground floor uses are required.

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. Given the area’s central location and accessibility to the City’s transit network, accessory parking for Residential Uses is not required. Accessory Dwelling Units are permitted within the district pursuant to Section 207.1 of this Code.

Table 762. VALENCIA STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT
ZONING CONTROL TABLE

		Valencia Street NCT
Zoning Category	§ References	Controls
BUILDING STANDARDS
Massing and Setbacks
Height and Bulk Limits.	§§ 102, 105, 106, 250–252, 260, 261.1, 270, 271. See also Height and Bulk District Maps	40-X, 50-X. 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	§§ 130, 134, 134(a)(e), 136	Required at the Second Story and at each succeeding level or Story of the building, and at the First Story if it contains a Dwelling Unit: 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 portions of Valencia Street, 16th Street, and 22nd Street
Vehicular Access Restrictions	§ 155(r)	Prohibited on Valencia Street between 15th and 23rd Streets and on 16th Street between Guerrero and Capp Streets.
Miscellaneous
Lot Size (Per Development)	§§ 102, 121.1	P(10)
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, or the amount of open space required in the nearest Residential District, whichever is less.
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	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	§§ 102; 202.10	P(7)
Single Room Occupancy	§102	P
Student Housing	§102	P
Residential Uses		Controls By Story
		1st	2nd	3rd+
Residential Uses	§ 102	P(1)	P	P
Accessory Dwelling Units	§§102, 207.1, 207.2	P per Planning Code Sections 207.1 and 207.2.
Dwelling Units, Senior Housing, and Group Housing	§§ 102, 202.2(f), 207, 208	No residential 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	NP	NP
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	2.5 to 1
Use Size	§§102, 121.2	P up to 2,999 square feet; C 3,000 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, 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	P 6 a.m. - 2 a.m.; C 2 a.m.- 6 a.m.
Maritime Use	§102	NP
Open Air Sales	§§102, 703(b)	See Section 703(b)
Outdoor Activity Area	§§102, 145.2, 202.2	P if located in front or it complies with Section 202.2(a)(7); 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, 187.1, 202.2(b)	NP	NP	NP
Automotive Repair	§102	C	NP	NP
Electric Vehicle Charging Location	§§ 102, 202.2(b), 202.13	C(9)1	C(9)	C(9)
Fleet Charging	§ 102	C	C	C
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
Entertainment, Arts and Recreation Use Category
Entertainment, Arts and Recreation Uses*	§102	NP	NP	NP
Arts Activities	§102	P	P	P
Entertainment, General	§102	C	NP	NP
Entertainment, Nighttime	§102	C	NP	NP
Movie Theater	§§102, 202.4	P	P	P
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
Institutional Use Category
Institutional Uses*	§102	P	C	C
Child Care Facility	§102	P	P	P
Community Facility	§102	P	P	P
Hospital	§102	NP	NP	NP
Medical Cannabis Dispensary	§§102, 202.2(e)	DR	DR	NP
Public Facilities	§102	P	P	P
Residential Care Facility	§102	P	P	P
Social Service or Philanthropic Facility	§102	P	P	P
Sales and Service Use Category
Retail Sales and Service Uses*	§§ 102, 202.2(a), 202.3	P	C	NP
Adult Business	§ 102	NP	NP	NP
Adult Sex Venue	§ 102	NP	NP	NP
Animal Hospital	§ 102	P	P	NP
Bar	§§ 102, 202.2(a)	C	NP	NP
Cannabis Retail	§§ 102, 202.2(a)	C	C	NP
Flexible Retail	§§ 102, 202.9	P	NP	NP
Gym	§ 102	P	C	C
Hotel	§ 102	C	C	NP
Kennel	§ 102	C	NP	NP
Liquor Store	§ 102	NP	NP	NP
Massage Establishment	§§ 102, 204, 303(n), 703	P	C(8)	NP(8)
Mortuary	§102	C	C	NP
Motel	§§102, 202.2(a)	NP	NP	NP
Restaurant	§§102, 202.2(a)	P	P	NP
Restaurant, Limited	§§102, 202.2(a)	P	P	NP
Services, Financial	§102	P	NP	NP
Services, Fringe Financial	§102	NP(5)	NP(5)	NP(5)
Services, Limited Financial	§102	P	NP	NP
Services, Personal	§102	P	C	C
Services, Retail Professional	§102	P	P	P
Storage, Self	§102	NP	NP	NP
Tobacco Paraphernalia Establishment	§102	C	NP	NP
Non-Retail Sales and Service*	§102	NP	NP	NP
Design Professional	§102	P	C	NP
Service, Non-Retail Professional	§102	C	P	NP
Trade Office	§102	P	C	NP
Utility and Infrastructure Use Category
Utility and Infrastructure*	§102	C(6)	C(6)	C(6)
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) [Note deleted.]

(3) [Note deleted.]

(4) [Note deleted.]

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

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

Controls: Fringe Financial Services are NP within any FFSRUD and its ¼ mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

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

(7) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(8) P if accessory to a Hotel, Personal Service or Health Service.

(9)1 P where existing use is any Automotive Use.

(10) C for 10,000 square feet and above if located within the Priority Equity Geographies Special Use District established under Section 249.97.

(Added by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 166-17, File No. 170820, App. 7/27/2017, Eff. 8/26/2017; 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. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, 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. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; 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. 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; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; 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

Table 762 added; Ord. 166-17, Eff. 8/26/2017. Zoning Control Table amended; Note * designated; Note (2) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (3) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19 , Eff. 9/9/2019. Zoning Control Table and Note (5) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (7) added; Ord. 78-20, Eff. 6/22/2020. Introductory material and Zoning Control Table amended; Note (4) deleted; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 111-21, Eff. 9/4/2021. Zoning Control Table and Notes (5) and (7) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (8) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (8) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (9)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Note (10) added; Ord. 248-23 , Eff. 1/14/2024. Second introductory paragraph and Zoning Control Table 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 “(9)” is referenced as “(8)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(8)” previously had been added to this section by Ord. 233-21.

SEC. 763. 24TH STREET – MISSION NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

The 24th Street – Mission Neighborhood Commercial Transit District is situated in the Inner Mission District on 24th Street between Bartlett Street and San Bruno Avenue. This mixed-use district provides convenience goods to its immediate neighborhood as well as comparison shopping goods and services to a wider trade area. The street has a great number of Latin American restaurants, grocery stores, and bakeries as well as other gift and secondhand stores. Most commercial businesses are open during the day while the district’s bars and restaurants are also active in the evening. Dwelling Units are frequently located above the ground-story commercial uses.

The 24th Street – Mission Neighborhood Commercial Transit District controls are designed to provide potential for new development consistent with the existing scale and character. Small-scale buildings and neighborhood-serving uses are encouraged, and rear yard corridors above the ground story and at residential levels are protected. Most commercial uses are encouraged at the ground story, while service uses are permitted with some limitations at the second story. Special controls are necessary to preserve the unique mix of convenience and specialty commercial uses. In order to maintain convenience stores and protect adjacent livability, new bars are limited, and limitations apply to the development and operation of ground-story restaurants and entertainment uses. Continuous retail frontage along 24th Street is maintained and encouraged by prohibiting most automobile and drive-up uses, banning curb cuts, and requiring active, pedestrian-oriented ground floor uses. Parking is not required, and any new parking required to be set back or below ground.

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 housing units are protected by prohibitions on upper-story conversions and limitations on demolitions, mergers, and subdivisions. Given the area’s central location and accessibility to the City’s transit network, accessory parking for Residential Uses is not required.

Table 763. 24TH STREET – MISSION NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT
ZONING CONTROL TABLE

		24th Street - Mission NCT
Zoning Category	§ References	Controls
BUILDING STANDARDS
Massing and Setbacks
Height and Bulk Limits.	§§ 102, 105, 106, 250–252, 260, 261.1, 270, 271. See also Height and Bulk District Maps	40-X, 50-X, 105-E. See Height and Bulk Map Sheets HT07 and HT08 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	§§ 130, 134, 134(a)(e), 136	Required at the Second Story and at each succeeding level or Story of the building, and at the First Story if it contains a Dwelling Unit: 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 24th Street for the entirety of the district
Vehicular Access Restrictions	§ 155(r)	Prohibited on 24th Street for the entirety of the district
Miscellaneous
Lot Size (Per Development)	§ 102, 121.1	P up to 4,999 square feet; C 5,000 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, or the amount of open space required in the nearest Residential District, whichever is less.
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. 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	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	§§ 102; 202.10	P(6)
Single Room Occupancy	§ 102	P
Student Housing	§ 102	P
Residential Uses		Controls By Story
Residential Uses		1st	2nd	3rd+
Residential Uses	§ 102	P(1)	P	P
Accessory Dwelling Units	§§ 102, 207.1, 207.2	P per Planning Code Sections 207.1 and 207.2.
Dwelling Units, Senior Housing, and Group Housing	§§ 102, 202.2(f), 207, 208	No residential 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
Loss and Division of Dwelling Units		1st	2nd	3rd+
Residential Conversion	§ 317	C	NP	NP
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	2.5 to 1
Use Size	§ 102, 121.2	P up to 2,499 square feet; C 2,500 square feet and above
Off-Street Parking Requirements	§§ 150, 151, 161	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, 161, 204.5	None required if gross floor area is less than 10,000 square feet. Exceptions permitted per §§ 155 and 161.
Mergers	§ 249.59	C for any merger of first story commercial use space where the merger would result in first story commercial use space greater than 799 gross square feet in Calle 24 Special Use District.
Commercial Use Characteristics
Drive-up Facility	§ 102	NP
Formula Retail	§§ 102, 303.1	C
Hours of Operation	§ 102	P 6 a.m. - 2 a.m.; C 2 a.m.- 6 a.m.
Maritime Use	§ 102	NP
Open Air Sales	§§ 102, 703(b)	See Section 703(b)
Outdoor Activity Area	§§ 102, 145.2	P if located in front; C if located elsewhere
Walk-up Facility	§ 102	P
Legacy Business	§ 249.59	Requirements apply in Calle 24 Special Use District.
Compatibility of Uses	§ 249.59	Requirements apply in Calle 24 Special Use District.
		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)	NP	NP	NP
Automotive Repair	§ 102	C	NP	NP
Electric Vehicle Charging Location	§§ 102, 202.2(b), 202.13	C(9)1	C(9)	C(9)
Fleet Charging	§ 102	C	C	C
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
Entertainment, Arts and Recreation Use Category
Entertainment, Arts and Recreation Uses*	§ 102	NP(3)	NP	NP
Entertainment, General	§ 102	C(3)	NP	NP
Entertainment, Nighttime	§ 102	C(3)	NP	NP
Movie Theater	§§ 102, 202.4	P(3)	NP	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	NP(7)	NP(7)	NP
Wholesale Storage	§ 102	NP(7)	NP(7)	NP
Institutional Use Category
Institutional Uses*	§ 102	P	C	C
Child Care Facility	§ 102	P	P	P
Hospital	§ 102	NP	NP	NP
Medical Cannabis Dispensary	§§ 102, 202.2(e)	DR	DR	NP
Public Facilities	§ 102	C	C	C
Residential Care Facility	§ 102	P	P	P
Sales and Service Use Category
Retail Sales and Service Uses*	§§ 102, 202.2(a), 202.3	P(2)(3)	NP	NP
Adult Business	§ 102	NP	NP	NP
Adult Sex Venue	§ 102	NP	NP	NP
Animal Hospital	§ 102	C	NP	NP
Bar	§§ 102, 202.2(a)	C(2)(3)	NP	NP
Cannabis Retail	§§ 102, 202.2(a)	C	C	NP
Flexible Retail	§§ 102, 202.9	P(3)	NP	NP
Gym	§ 102	P	C	NP
Hotel	§ 102	C	C	NP
Kennel	§ 102	C	NP	NP
Liquor Store	§ 102	NP	NP	NP
Massage Establishment	§§ 102, 204, 303(n), 703	P	C(8)	NP(8)
Mortuary	§ 102	NP	NP	NP
Motel	§§ 102, 202.2(a)	NP	NP	NP
Restaurant	§§ 102, 202.2(a)	C(2)(3)	NP	NP
Services, Fringe Financial	§ 102	NP(4)	NP(4)	NP(4)
Services, Health	§ 102	P(10)	C	NP
Services, Personal	§ 102	P	C	NP
Services, Retail Professional	§ 102	P	C	NP
Storage, Self	§ 102	NP	NP	NP
Tobacco Paraphernalia Establishment	§ 102	C	NP	NP
Non-Retail Sales and Service*	§ 102	NP	NP	NP
Design Professional	§ 102	P	C	NP
Trade Office	§ 102	P	C	NP
Utility and Infrastructure Use Category
Utility and Infrastructure*	§ 102	C(5)	C(5)	C(5)
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) Additional limitations apply in the Calle 24 Special Use District per the requirements of Section 249.59.

(3) Additional limitations apply in the Mission Alcoholic Beverage Special Use District per the requirements of Section 249.60.

(4) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD):

Boundaries: The FFSRUD and its ¼ mile buffer includes, but is not limited to, the 24th Street-Mission Neighborhood Commercial Transit District.

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

(6) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(7) Permitted within buildings where (1) the subject lot has no frontage on 24th Street and (2) the subject building was originally constructed for a Production, Distribution or Repair Use. The requirements of Section 145.1 shall not apply to a use permitted under this Section 763.

(8) P if accessory to a Hotel, Personal Service or Health Service.

(9)1 P where existing use is any Automotive Use.

(10) Health Service Uses are C on first story in the Calle 24 Special Use District per the requirements of Section 249.59.

(Added by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by 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. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, 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. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; 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. 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. 1-21, File No. 201060, App. 1/15/2021, Eff. 2/15/2021; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; 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. 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 amended; Note (2) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (3) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19 , Eff. 9/9/2019. Introductory material, Zoning Control Table, and Note (4) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (6) added; Ord. 78-20, Eff. 6/22/2020. Zoning Control Table amended; Note (7) added; Ord. 1-21, Eff. 2/15/2021.; Ord. 111-21, Eff. 9/4/2021. Zoning Control Table and Notes (4) and (6) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (8) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (8) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (9)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Second introductory paragraph and Zoning Control Table amended; Notes (2), (3), and (10) added; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024.

CODIFICATION NOTE

1. Note “(9)” is referenced as “(8)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(8)” previously had been added to this section by Ord. 233-21.

SEC. 764. UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

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 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 Sections 207.1 and 207.2 of this Code.

Table 764. UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT
ZONING CONTROL TABLE

		Upper Market Street NCT
Zoning Category	§ References	Controls
BUILDING STANDARDS
Massing and Setbacks
Height and Bulk Limits.	§§ 102, 105, 106, 250–252, 260, 261.1, 270, 271. See also Height and Bulk District Maps	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	§§ 130, 134, 134(a)(e), 136	Required 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 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	Market Street and Church Street for the entirety of the Upper Market NCT
Vehicular Access Restrictions	§ 155(r)	Prohibited on Market Street from Embarcadero to Castro Street. CU required on Duboce Street from Noe to Market 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	N/A
Awning, Canopy or Marquee	§ 136.1	P
Signs	§§ 262, 602- 604, 607, 607.1, 608, 609	As permitted by § 607.1 and the Upper Market Street Special Sign District in § 609.12
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	60 square feet if private, or 80 square feet if common, or the amount of open space required in the nearest Residential District, whichever is less.
Off-Street Parking Requirements	§§ 151.1, 161	Car parking not required. P up to 0.5 spaces per Dwelling Unit; C up to .75 spaces per Dwelling Unit; not permitted above .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	Generally Required for creation of five or more Dwelling Units. 40% of 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	§§ 102; 202.10	P(9)
Single Room Occupancy	§ 102	P
Student Housing	§ 102	P
Residential Uses		Controls By Story
Residential Uses		1st	2nd	3rd+
Residential Uses	§ 102	P(1)	P	P
Accessory Dwelling Unit	§§ 102, 207.1, 207.2	P per Planning Code Sections 207.1 and 207.2.
Dwelling Units, Senior Housing, and 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
Loss and Division of Dwelling Units		1st	2nd	3rd+
Residential Conversion	§ 317	C	C	NP
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	3.0 to 1
Use Size	§ 102, 121.2	P up to 2,999 square feet; C 3,000 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, 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	P 6 a.m. - 2 a.m.; C 2 a.m.- 6 a.m.
Maritime Use	§ 102	NP
Open Air Sales	§§ 102, 703(b)	See § 703(b)
Outdoor Activity Area	§§ 102, 145.2, 202.2	P if located in front or it complies with Section 202.2(a)(7); 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, 187.1, 202.2(b)	NP	NP	NP
Automotive Repair	§ 102	C	NP	NP
Electric Vehicle Charging Location	§§ 102, 202.2(b), 202.13	C(11)1	C(11)	C(11)
Fleet Charging	§ 102	C	C	C
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
Entertainment, Arts and Recreation Use Category
Entertainment, Arts and Recreation Uses*	§ 102	NP	NP	NP
Arts Activities	§102	P(8)	P	P
Entertainment, General	§ 102	P	P	NP
Entertainment, Nighttime	§ 102	C	NP	NP
Movie Theater	§§ 102, 202.4	P	P	P
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
Institutional Use Category
Institutional Uses*	§ 102	P(8)	P	C
Child Care Facility	§ 102	P	P	P
Community Facility	§ 102	P	P	P
Hospital	§ 102	NP	NP	NP
Medical Cannabis Dispensary	§§ 102, 202.2(e)	DR	DR	NP
Public Facilities	§ 102	P	P	P
Residential Care Facility	§ 102	P	P	P
Social Service or Philanthropic Facility	§ 102	P	P	P
Sales and Service Use Category
Retail Sales and Service Uses*	§§ 102, 202.2(a), 202.3	P	P	NP
Adult Business	§ 102	NP	NP	NP
Adult Sex Venue	§ 102	P	P	P
Animal Hospital	§ 102	P	P	NP
Bar	§§ 102, 202.2(a)	C	C	NP
Cannabis Retail	§§ 102, 202.2(a)	C	C	NP
Flexible Retail	§§ 102, 202.9	P	NP	NP
Gym	§ 102	P	P	C
Hotel	§ 102	C	C	C
Kennel	§ 102	C	NP	NP
Liquor Store	§ 102	C(2)	NP	NP
Massage Establishment	§§ 102, 204, 303(n), 703	P	C(10)	NP(10)
Massage, Foot/Chair	§ 102	P	C	NP
Mortuary	§ 102	NP	NP	NP
Motel	§§ 102, 202.2(a)	NP	NP	NP
Restaurant	§§ 102, 202.2(a)	P	P	NP
Restaurant, Limited	§§ 102, 202.2(a)	P	P	NP
Services, Financial	§ 102	C	C	NP
Services, Fringe Financial	§ 102	NP(5)	NP(5)	NP(5)
Services, Health	§ 102	P(7)	P	C
Services, Limited Financial	§ 102	C	NP	NP
Services, Personal	§ 102	P	P	C
Services, Retail Professional	§ 102	P	P	P
Storage, Self	§ 102	NP	NP	NP
Tobacco Paraphernalia Establishment	§ 102	C	NP	NP
Trade Shop	§ 102	P	C	NP
Non-Retail Sales and Service*	§ 102	NP	NP	NP
Design Professional	§ 102	C	P	C
Service, Non-Retail Professional	§ 102	C	P	NP
Trade Office	§ 102	C	P	C
Utility and Infrastructure Use Category
Utility and Infrastructure*	§ 102	C(6)	C(6)	C(6)
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) C not required if selling only beer and wine and not distilled spirits.

(3) [Note deleted.]

(4) [Note deleted.]

(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 Market

Street 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.

(10) P if accessory to a Hotel, Personal Service or Health Service.

(11)1 P where existing use is any Automotive Use.

(Added by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by 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. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, 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. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; 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; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; 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. 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 amended; Note (2) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (3) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Undesignated introductory material and Zoning Control Table amended; Note (2) added; Note (4) amended; Notes (7) and (8) replaced; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table amended; Ord. 205-19, Eff. 10/12/2019. Introductory material, Zoning Control Table, and Note (5) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (9) added; Ord. 78-20, Eff. 6/22/2020. Introductory material and Zoning Control Table amended; Note (4) deleted; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 111-21, Eff. 9/4/2021. Zoning Control Table and Note (5) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table and Note (7) amended; Note (10) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Notes (7) and (10) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (11)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. 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 “(11)” is referenced as “(10)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(10)” previously had been added to this section by Ord. 233-21.

SEC. 780. NEIGHBORHOOD COMMERCIAL SPECIAL USE DISTRICTS.

Purpose. In order to provide, maintain, and strengthen viable neighborhood commercial districts, promote the multiple use of neighborhood commercial areas, and protect environmental quality in neighborhood commercial areas, there shall be Neighborhood Commercial Special Use Districts. The designations, locations and boundaries of these Neighborhood Commercial Special Use Districts shall be as provided in Section 780.1 as shown on Sectional Maps of the Zoning Map referred to in Sections 105 and 106 of this Code, subject to the provisions of Sections 105 and 106. The original of the numbered sectional maps of the Zoning Map for Special Use Districts referred to in Section 780.1 of this Code is on file with the Clerk of the Board of Supervisors under File No. 115-87-4. In any Neighborhood Commercial Special Use District, the provisions of the applicable use district established by Section 702 shall prevail, except as specifically provided in Section 780.1 and Section 249.14 "Third Street Special Use District," as designated on Sectional Map 10SU of the Zoning Map. The provisions set forth in this Section shall be applicable to all property, whether public or private, therein.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 349-95, App. 11/3/95; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)

AMENDMENT HISTORY

Section amended; Ord. 63-20, Eff. 5/25/2020.

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

Back to Code Library

Previous Doc

Next Doc