SEC. 764. UPPER MARKET STREET 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.

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).

(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.

SEC. 780.1. LAKESHORE PLAZA SPECIAL USE DISTRICT.

In order to preserve the mix and variety of goods and services provided to the Lakeshore Acres, Crestlake, and Merced Manor neighborhood residents yet provide reasonable commercial expansion and intensification which would not disrupt the single-family residential character of the surrounding neighborhoods, there shall be a Lakeshore Plaza Special Use District, generally located on the NC-S-zoned block bounded by Sloat Boulevard, Everglade Drive, Ocean Avenue, and Clearfield Drive, as designated on Sectional Map 13SU of the Zoning Map. The following provisions shall apply within such special use district:

(a) Purpose and Findings. In addition to the purposes stated in Section 701 of this Code, the following purpose and findings form a basis for special regulations and provide guidance for their application in the Lakeshore Plaza Special Use District.

(1) The Lakeshore Plaza District is located on a single nine-acre parcel, bounded by Sloat Boulevard, Ocean Avenue, Clearfield Drive and Everglade Drive. It is completely surrounded by the Lakeshore Acres, Crestlake and Merced Manor single-family neighborhoods. It was originally designed to be and functions as a small neighborhood shopping center, providing a variety of retail goods and services mainly to the surrounding neighborhoods. It exhibits a strong daytime and family orientation.

(2) The district contains three large low-scale buildings, which are removed from the street edge and surrounded by a number of off-street parking spaces, in a configuration which cannot accommodate new housing.

(b) Controls. The controls for the NC-S District, as set forth in Section 713 of this Code, shall apply to the Lakeshore Plaza Special Use District, except as provided below:

Zoning Category No.	Controls
.10	The 26-40-X height district requires Conditional Use authorization for heights over 26 feet not exceeding 40 feet.
.27	Hours of Operation shall be permitted as a Principal Use from 6 a.m. to 11 p.m. and as a Conditional Use from 11 p.m. to 6 a.m.
.30	General advertising signs are not permitted.
.41	Bars are permitted as Conditional Uses at the First and Second Stories.
.46	Movie Theaters are permitted as Conditional Uses at the First and Second Stories.
.48	General and Nighttime Entertainment is permitted as a Conditional Use at the First and Second Stories.
.49	Financial services are permitted as principal uses at the third story.
.51, .52, .53	Medical services, personal services and business or professional services are permitted as principal uses at the third story.
.64	Mortuaries are not permitted.
.69A	Restaurants are permitted as principal uses at the first story and as Conditional Uses at the second story.
.70	Non-Retail Sales and Services are permitted as principal uses at the first, second, and third stories.
.81	Other institutions, large, are permitted as conditional uses at the first, second, and third stories.
.82	Other institutions, small, are permitted as conditional uses at the first, second and third stories.
.90	Residential uses are permitted as conditional uses at the first and second stories and not permitted above the second story.
.91, .92, .93	Residential density for dwelling units is one unit per 3,000 sq. ft. of lot area; group housing is not permitted; minimum usable open space per dwelling unit is 300 sq. ft. if private and 400 sq. ft. if common.
.95	Private Parking Garages are permitted as conditional uses at the first story and below and not permitted above the first story.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 42-89, App. 2/8/89; Ord. 245-08, File No. 080696; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; 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)

AMENDMENT HISTORY

Division (b) amended; Ord. 129-17, Eff. 7/30/2017. Division (b) amended; Ord. 202-18, Eff. 9/10/2018. Division (b) amended; Ord. 63-20, Eff. 5/25/2020. Division (b) amended; Ord. 249-23, Eff. 1/14/2024. Division (b) amended; Ord. 33-24, Eff. 3/23/2024.

SEC. 780.2. BAYSHORE-HESTER SPECIAL USE DISTRICT.

In order to preserve the potential mix and variety of goods and services provided to the Bayview, Little Hollywood and Visitation Valley neighborhood residents yet provide the possibility for reasonable expansion, intensification and/or reconstruction of an existing hostelry use in this area, which use and action would not disrupt the single-family residential character of the surrounding neighborhoods, there shall be a Bayshore-Hester Special Use District, generally located on the northern end of the NC-S-zoned block bounded by Bayshore Boulevard and the loop of Hester Avenue, as designated on Sectional Map 10SU of the Zoning Map. The following provisions shall apply within such special use district:

(1) The Bayshore-Hester Special Use District is the northern portion of the block bounded by Bayshore Boulevard and the loop of Hester Avenue. It is completely surrounded by the Little Hollywood, Visitation Valley and Bayview single-family neighborhoods and is bordered on the east by U.S. Highway 101. It is developed with a motel with a coffee shop and a restaurant, which uses have been present thereon for at least 50 years.

(2) The district contains a cluster of one- and two-story buildings devoted to motel and restaurant use. Immediately to the south is a new residential development containing 26 one-family dwellings.

(b) Controls. All of the controls for the NC-S District, as set forth in Section 713 of this Code, shall apply to the Bayshore-Hester Special Use District, except that a Motel or Tourist Hotel shall be permitted as a Conditional Use.

(Added by Ord. 331-97, App. 8/19/97; amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017)

AMENDMENT HISTORY

Division (b) amended; table deleted; Ord. 129-17, Eff. 7/30/2017.

SEC. 780.3. NORTH BEACH SPECIAL USE DISTRICT.

(a) Purposes. In order to (1) preserve and maintain the mix and variety of neighborhood-serving retail sales and personal services of a type that supplies commodities or offers personal services to residents of North Beach and nearby neighborhoods; (2) preserve and maintain the District’s small-scale, fine grain storefronts; (3) protect and encourage upper-story Residential Uses; (4) preserve and enhance the architectural and cultural heritage of North Beach; and (5) preserve the contributions of Legacy Businesses to the history and identity of North Beach, there shall be a North Beach Special Use District applicable to the North Beach Neighborhood Commercial District, as designated on the Sectional Map SU01 of the Zoning Map of the City and County of San Francisco.

(b) Definitions. The following definitions shall apply only to the North Beach Special Use District:

(1) Specialty Food Manufacturing. A Commercial Use that includes the manufacturing and processing of foods on the premises for retail and/or wholesale sales and also provides a customer service counter for sale of such manufactured or processed food directly to the consumer. It may have seating as a minor and incidental use that occupies less than 15% of the Occupied Floor Area of the establishment. It includes, but is not limited to, bakeries, coffee roasters, confectionaries, chocolatiers, makers of homemade ice cream and handmade gelato or sorbet. It shall not provide any alcohol sales for consumption on or off the premises.

(2) Legacy Business. A business as defined under Administrative Code Section 2A.242 and included in the Legacy Business registry.

(3) Historic Buildings. “Historic buildings” shall include Planning Code Article 10 Landmarks and buildings located within Article 10 Historic Districts, buildings and districts identified by surveys adopted by the City, buildings listed or potentially eligible for individual listing on the National or California Registers, and buildings located within listed or potentially eligible National Register or California Register historic districts. The Planning Department shall also consult materials available through the California Historical Resources Information System (CHRIS) and Inventory to determine eligibility.

(1) Restaurants, Limited Restaurants, and Bars. Restaurant, Limited Restaurant, and Bar uses may be permitted as a Conditional Use on the First Story through the procedures set forth in Section 303 only if the Zoning Administrator first determines that the proposed new Restaurant, Limited Restaurant, or Bar would occupy a space that is currently or was last legally occupied by one of the uses described below; provided that its last use has not been discontinued or abandoned pursuant to Sections 186.1(d) or 178(d) of this Code and that the proposed new use will not enlarge the space; and provided further that no Conditional Use shall be required if the use remains the same as the prior authorized use, with no enlargement or intensification of use:

(A) A Bar may occupy a space that is currently or last legally occupied by a Bar;

(B) A Restaurant may occupy a space that is currently or was last legally occupied by a Restaurant or Bar; and

(C) A Limited Restaurant may occupy a space that is currently or was last legally occupied by a Limited Restaurant, Restaurant or Bar.

(D) Except as provided herein, no other use shall be allowed to convert to a Limited Restaurant, Restaurant or Bar.

(2) Alcohol Licenses.

(A) A Restaurant may provide on-site beer, wine, and/or liquor sales for drinking on the premises (with ABC license types 02, 23, 41, 47, 49, 59 or 75) as a Conditional Use on the First Story if, in addition to the criteria set forth in Section 303, the Planning Commission finds, based on information submitted to the Department by the applicant, that the Restaurant is and will continue to operate as a Bona-Fide Eating Place as defined in Section 102. Should a Restaurant fail to operate as a Bona-Fide Eating Place for any length of time, the Conditional Use authorization shall be subject to immediate revocation per Planning Code Section 303(f). To verify that the Restaurant is continuing to operate as a Bona-Fide Eating Place, records of the Restaurant’s gross receipts or gross sales shall be provided to the Department upon request. All records and information shall be submitted to the Department under penalty of perjury.

(B) Music Entertainment Facility. A music entertainment facility with a Type 90 ABC license shall be permitted to serve alcoholic beverages in this SUD.

(C) Non-Profit Theaters. A non-profit theater shall be permitted to serve alcoholic beverages in this SUD. A “non-profit theater” shall mean a building or part of a building intended to be used for the specific purposes of presenting any act, play, revue, pantomime, scene, song, dance act, or song and dance act, conducted or participated in by one or more persons, whether or not such person or persons are compensated for such performance, and which is exempted from payment of income tax under Section 23701d of the California Revenue and Taxation Code and Section 501(c)(3) of the Internal Revenue Code of the United States. A “non-profit theater” shall not include any dance hall, as defined in Section 1022.

(3) Storefronts. To preserve and maintain the District’s small-scale, fine grain storefronts, (A) the consolidation or merger of existing retail or commercial spaces or storefronts is prohibited, and (B) Specialty Groceries shall not exceed a Non-Residential Use Size of 1,000 square feet.

(4) Loss of Residential Units. To prevent the loss of existing Residential Units within the district, the removal, demolition, merger, or conversion of Residential Units above the First Story are prohibited.

(5) Specialty Food Manufacturing. Within the North Beach SUD a Specialty Food Manufacturing use, as defined in subsection (b)(1), may only be permitted with a Conditional Use authorization on the Ground Floor or below.

(6) Legacy Business. Unless otherwise prohibited by this Section 780.3, Section 722, or any other section of this Code, any new Non-Residential Use proposed where the immediately prior Commercial Use was a Legacy Business shall require Conditional Use authorization pursuant to Section 303 of this Code.

(7) Architectural and Cultural Heritage of North Beach. Section 101.1 of the Planning Code includes the priority policy that historic buildings be preserved. The architectural and cultural character and features of existing historic buildings shall be preserved and enhanced. The Historic Preservation Commission or its staff shall review any proposed alterations to historic buildings, as defined in subsection 780.3(b)(3), and must determine that such alterations comply with the Secretary of Interior’s Standards for the Treatment of Historic Properties before the City approves any permits to alter such buildings.

(8) Additional Controls: The following additional controls shall apply in the North Beach Special Use District. (1) A Planned Unit Development shall not be permitted; (2) Large-Scale Urban Agriculture uses shall not be permitted; (3) Hours of Operation shall not be permitted from 2 a.m. to 6 a.m.; (4) Unless otherwise prohibited or limited by this Section 780.3, Section 722, or any other section of this Code, active commercial uses, as defined in Planning Code Section 145.4(c), shall be required at the Ground Floor; and (5) A Health Service use, as defined in Section 102 of this Code, shall be prohibited on the ground floor. On the second floor and above, a Health Service use shall require Conditional Use authorization pursuant to Section 303 of this Code.

(9) Conditional Use Authorizations. In addition to the findings required under Section 303 of this Code, for any use or project within the District that is subject to Conditional Use authorization under this Section 780.3, Section 722, or any other section of this Code, the Planning Commission shall find that the proposed project supports the purposes of the North Beach SUD set forth in this Section 780.3.

(Added by Ord. 245-08, File No. 080696; amended by Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 157-15 , File No. 150681, App. 8/6/2015, Eff. 9/5/2015; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 196-17, File No. 170419, App. 10/5/2017, Eff. 11/4/2017; Ord. 47-18, File No. 171108, App. 3/16/2018, Eff. 4/16/2018; 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. 117-20, File No. 200114, App. 7/31/2020, Eff. 8/31/2020; Ord. 182-20, File No. 200673, App. 10/2/2020, Eff. 11/2/2020; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024)

AMENDMENT HISTORY

[Former] divisions (a) and (b) amended; Ord. 75-12, Eff. 5/23/2012. [Former] division (a) amended; Ord. 56-13, Eff. 4/27/2013. [Former] division (c) added; Ord. 157-15, Eff. 9/5/2015. Undesignated introductory paragraph designated as divisions (a) and (c) and amended; division (b) added; former division (a) redesignated as division (c)(1) and amended; former divisions (b)-(c)(5) deleted; divisions (c)(1)(A)-(D) and (c)(2)-(5) added; Ord. 129-17, Eff. 7/30/2017. Divisions (a) and (b) amended; division (b)(1) designated; divisions (b)(2), (b)(3), and (c)(6)-(9) added; Ord. 196-17, Eff. 11/4/2017. Divisions (c)(1) and (c)(2) amended; Ord. 47-18, Eff. 4/16/2018. Division (c)(2) amended; Ord. 205-19, Eff. 10/12/2019. Divisions (c)(1), (c)(2), and (c)(5) amended; Ord. 63-20, Eff. 5/25/2020. Exception added to division (c)(3); division (c)(9) amended; Ord. 117-20, Eff. 8/31/2020. Division (c)(2) redesignated as divisions (c)(2) and (c)(2)(A); divisions (c)(2)(B)-(c)(2)(B)(iv) added; Ord. 182-20, Eff. 11/2/2020. Divisions (a), (c)(2)(A), and (c)(9) amended; former divisions (c)(2)(B)-(C)(2)(B)(iv) and (c)(3) Exception deleted; new divisions (c)(2)(B)-(C) added; Ord. 249-23, Eff. 1/14/2024.

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