SEC. 737. BAYVIEW NEIGHBORHOOD COMMERCIAL DISTRICT.

   The Bayview Neighborhood Commercial District is located along Third Street between Yosemite and Jerrold Avenues. It is a linear district located along a heavily trafficked thoroughfare which also serves as a major transit route. In addition to providing convenience goods and services to the surrounding neighborhood, the District offers a wide variety of comparison and specialty goods and services to a population greater than the immediate neighborhood.

   The building standards permit moderately large commercial uses and buildings. Rear yards are protected at residential levels.

   A diversified commercial environment is encouraged for the District, and a wide variety of uses are permitted with special emphasis on neighborhood-serving businesses. Financial service uses generally are permitted with certain limitations at the first and second stories. Other retail businesses, personal services, and offices are permitted at all stories of new buildings. Limited storage and administrative service activities are permitted with some restrictions.

   Housing development in new buildings is encouraged above the second story. Existing 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 737. BAYVIEW NEIGHBORHOOD COMMERCIAL DISTRICT ZONING  CONTROL TABLE
		Bayview NCD
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 40-X. See Height and Bulk Map Sheet HT10 for more information. Height sculpting required on Alleys per § 261.1.
5 Foot Height Bonus for Active Ground Floor Uses	§ 263.20	P in some districts
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. (6) 1
Front Setback and Side Yard	§§ 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 some streets, see § 145.4 for specific districts.
Vehicular Access Restrictions	§ 155(r)	Restricted on some streets, see § 155(r) for specific districts
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	§§ 102, 136	P
Canopy or Marquee	§§ 102, 136	P
Signs	§§ 262, 602-604, 607, 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, 153 - 156, 161, 166, 204.5	No car parking required. Maximum permitted per § 151. 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	§ 207.7	Generally required for creation of 10 or more Dwelling Units. No less than 25% of the total number of proposed Dwelling Units shall contain at least two Bedrooms, and no less than 10% of the total number of proposed Dwelling Units shall contain at least three Bedrooms.
Use Characteristics
Single Room Occupancy	§ 102	P
Student Housing	§ 102	P
Residential Uses		Controls by Story
		1st	2nd	3rd+
Residential Uses	§ 102	P	P	P
Accessory Dwelling Unit Density	§§ 102, 207.1, 207.2	P per Planning Code Sections 207.1 and 207.2.
Dwelling Unit Density	§§ 102, 207	1 unit per 600 square foot lot area, or the density permitted in the nearest R District, whichever is greater.
Group Housing Density	§ 208	1 bedroom per 210 square foot lot area, or the density permitted in the nearest R District, whichever is greater.
Homeless Shelter Density	§§ 102, 208	Density limits regulated by the Administrative Code
Senior Housing Density	§§ 102, 202.2(f), 207	P up to twice the number of Dwelling Units otherwise permitted as a Principal Use in the district and meeting all the requirements of § 202.2(f)(1). C up to twice the number of Dwelling Units otherwise permitted as a Principal Use in the district and meeting all requirements of § 202.2(f)(1), except for § 202.2(f)(1)(D)(iv), related to location.
Loss of Dwelling Units		Controls by Story
		1st	2nd	3rd+
Residential Conversion	§ 317	C	C	C(1)
Residential Demolition and Merger	§ 317	C	C	C

 

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, 153 - 156, 161, 166, 204.5	No car parking required. Maximum permitted per § 151. 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	No limit
Maritime Use	§ 102	NP
Open Air Sales	§§ 102, 703(b)	See § 703(b)
Outdoor Activity Area	§§ 102, 145.2(a), 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
NON-RESIDENTIAL USES		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)	C	NP	NP
Automotive Repair	§ 102	C	C	NP
Electric Vehicle Charging Location	§§ 102, 202.2(b), 202.13	C(6)2	C(6)	C(6)
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
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	NP	NP	NP
Institutional Use Category
Institutional Uses*	§ 102	P	P	P
Community Facility	§ 102	P	P	P
Hospital	§ 102	C	C	C
Job Training	§ 102	P	P	P
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(2)	P(2)	NP
Cannabis Retail	§§ 102, 202.2(a)	C	C	NP
Flexible Retail	§ 102	P	NP	NP
Hotel	§ 102	C	C	C
Kennel	§ 102	C	C	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(2)	P(2)	NP
Restaurant, Limited	§§ 102, 202.2(a)	P(2)	P(2)	NP
Retail Sales and Service, General	§ 102	P	P	P(2)
Services, Financial	§ 102	P	P	NP
Services, Fringe Financial	§ 102	P(3)	NP(3)	NP(3)
Services, Limited Financial	§ 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(4)	C(4)	C(4)
Power Plant	§ 102	NP	NP	NP
Public Utilities Yard	§ 102	NP	NP	NP

 

 

* Not listed below

(1)   THIRD FLOOR RESIDENTIAL CONVERSION: Boundaries: Applicable to the Bayview NCD Controls: A Residential Use may be converted to an Institutional Use, other than a Medical Cannabis Dispensary, as a Conditional Use on the third story and above if in addition to the criteria set forth in Section 303, the Commission finds that:    (a)   The structure in which the Residential Use is to be converted has been found eligible for listing on the National Register of Historic Places;    (b)   The proposed use is to be operated by a nonprofit public benefit corporation; and    (c)   No legally residing residential tenants will be displaced.

(2)   THIRD STREET SPECIAL USE DISTRICT Boundaries: Applicable only to the portion of the Third Street SUD as shown on Sectional Map 10 SU zoned NC-3. Controls: Off-sale retail liquor sales are NP; drive-up facilities for Restaurants and Limited-Restaurants are C.

(3)   FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT. Fringe Financial Services are NP within any FFSRUD and its one-quarter mile buffer pursuant to Section 249.35. Outside any FFSRUD and its one-quarter mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

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

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

(6)2    P where existing use is any Automotive Use.

 

(Added by Ord. 7-20, File No. 191260, App. 1/31/2020, Eff. 3/2/2020; amended by 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. 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)

(Former Sec. 737 added by Ord. 61-09, File No. 090181, App. 4/17/2009; amended by Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 287-13 , File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 66-14 , File No. 140097, App. 5/14/2014, Eff. 6/13/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 209-15 , File No. 150271, App. 12/16/2015, Eff. 1/15/2016; 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 as Section 755 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)

AMENDMENT HISTORY

Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table 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)2 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. 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 NOTES

1.   So in Ord. 7-20.

2.   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.