SEC. 754. MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT
DISTRICT.
(a)
Background. The Mission Street Neighborhood Commercial Transit District is
located near the center of San Francisco in the Mission District. It lies along Mission Street
between 15th and Cesar Chavez (Army) Stree~, and includes adjacent portions of 17th Street,
21st Street, 22nd Street, and Cesar Chavez Street. The commercial area of this District
14 ,
provides a selection of goods serving the day-to-day needs of the residents of the Mission
District. Additionally, this District serves a wider trade area with its specialized retail outlets.
Eating and drinking establishments contribute to the street'sDistrict's mixed-use character and
activity in the evening hours.
(b)
Purpose. The purposes ofthe Mission Street Neighborhood Commercial Transit
District include:
(1)
To preserve and enhance the existing storefront configuration and size, signage,
artwork, and other character-defining elements of the built environment,·
(2)
To preserve the contributions of Legacy Businesses to the history and identity of
the District,·
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(3)
To retain, enhance, and promote active community involvement and input on
development within the District bv conducting thorough outreach to stakeholders and neighborhood
groups and responding to community input,' and
(4)
To retain, enhance, and promote neighborhood-serving businesses and
institutions that enhance economic and workforce opportunities for local residents bv coordinating
with the Office of Economic and Workforce Development to engage with the City's workforce system to
provide employment opportunities, career trainings, and formal partnerships to identifj; and address
both business and community workforce needs.
(c)
Controls.
(1)
General Controls. The District is extremely well-served by transit, including
regional-serving BART stations at 16th Street and 24th Street, major buses running along
Mission Street, and both cross-town and local-serving buses intersecting Mission Street along
the length of this district. Given the area's central location and accessibility to the City's transit
network, accessory parking for residential uses is not required. Any new parking is required to
be set back or be below ground.
This District has a mixed pattern of larger and smaller lots and businesses, as well as a
sizable number of upper-story residential units. Controls are designed to permit moderate-
scale buildings and uses, protecting rear yards above the ground story and at residential
levels. New neighborhood-serving commercial development is encouraged mainly at the
ground story. Ground story uses are required to include active commercial uses with
storefronts facing the street. While offices and general retail sales uses may locate at the
second story of new buildings under certain circumstances, most commercial uses are
prohibited above the second story. Continuous retail frontage is promoted by requiring ground
floor commercial uses in new developments and prohibiting curb cuts. Housing development
in new buildings is encouraged above the ground story. Housing density is not controlled by
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the size of the lot but by requirements to supply a high percentage of larger units and by
physical envelope controls. Existing residential units are protected by prohibitions on upper-
story conversions and limitations on demolitions, mergers, and subdivisions. Accessory
Dwelling Units are permitted within the Ddistrict pursuant to subsection 207(c)(4) of this Code.
(2)
Commercial Mergers. The consolidation or merger of existing ground floor
commercial spaces that would result in greater than 1,500 gross square feet of consolidated or merged
space shall be prohibited, except for Legacy Businesses, Arts Activities Uses, and Institutional
Community Uses. The prohibition shall not apply to projects that submitted a development
application. as defined in Section 401. to the Planning Department prior to July 31, 2018.
(3)
First Story Non-Residential Tenant Space for Large Projects. Projects larger
than 10, 000 gross square feet shall be required to provide space for a non-residential tenant on the
first story with immediate access to the street frontage. The non-residential tenant space shall not
exceed 1, 5 00 gross square feet.
(4)
Replacement of a Legacy Business Requires Conditional Use Authorization.
Where an immediately prior use was a Legacy Business, as defined under Administrative Code Section
2A.242, the controls require any new Non-Residential Use to obtain Conditional Use authorization,'
provided however, that this requirement shall not apply where: (A) the subject non-residential space
has had no occupant and has not been open to the public for three or more years from the date the
application for the new use is filed, or (B) where the Legacy Business has removed itself or has been
otherwise removed from the Legacy Business Registry.
(5)
For any use subject to Conditional Use authorization under this Section 754, the
Planning Commission shall find that the use supports at least three oft he four purposes of the District
as set forth in subsection (b) above.
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Table 754. MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT
DISTRICT ZONING CONTROL TABLE
* * * *
Zoning Category
§ References
Controls
NON-RESIDENTIAL STANDARDS AND USES
* * * *
Controls by Story
1st
2nd
3rd+
* * * *
Industrial Use Category
Industrial Uses_:
§§ 102, 202.2(d)
NP
NP
NP
Light Manu[acturing
~~ 102, 890. 54
P(5)
f_
f_
* * * *
Institutional Use Category
* * * *
Philanthropic Admin.
§ 102
NP
NP
N-FP(6)
Services
* * * *
Sales and Service Use Category
* * * *
Bar
§§ 102, 202.2(a)
/2C(7)
F-C(7)
NP
* * * *
* * * *
* * * *
* * * *
* * *
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Restaurant
§§ 102, 202.2(at
/2C(7)
NP
NP
249. 60(f)_(J 2
Restaurant, Limited
§§ 102, 202.2(a)
P.(Zl
NP
NP
* * * *
(5 2
Light Manufacturing is not permitted in first-story spaces that front Mission Street.
(62
Philanthropic Administrative Services shall not exceed 2,500 gross square feet per use.
(72
The total number of eating and drinking uses (Restaurants, Limited Restaurants, and
Bars2 within the District shall not exceed 167. A new Restaurant, Limited Restaurant, or Bar shall not
be permitted ifit would result in a net total of more than 167 eating and drinking uses in the District.
Accessory Limited Restaurants are not subject to and do not count toward the 167 cap on eating and
drinking uses.
Section 4. Two years after the effective date of this ordinance, the Office of Economic
and Workforce Development, in consultation with the Planning Department, shall evaluate
economic conditions and the functionality of the Mission Alcoholic Beverage Special Use
District and Mission Street Neighborhood Commercial Transit District. No less than five years
and no more than six years from the effective date of this ordinance, the Office of Economic
and Workforce Development, in consultation with the Planning Department, shall again
evaluate economic conditions and the functionality of the Mission Alcoholic Beverage Special
Use District and Mission Street Neighborhood Commercial Transit District and shall make a
report to the Board of Supervisors on each district's effectiveness in serving the purposes of
the applicable district and the Mission District as a whole, which report may include
recommended amendments to the Planning Code provisions regarding those districts.
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Section 5. Effective Date. This ordinance shall become effective 30 days after
enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the
ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board
of Supervisors overrides the Mayor's veto of the ordinance.
Section 6. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors
intends to amend only those words, phrases, paragraphs, subsections, sections, articles,
numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal
Code that are explicitly shown in this ordinance as additions, deletions, Board amendment
1 O
additions, and Board amendment deletions in accordance with the "Note" that appears under
the official title of the ordinance.
APPROVED AS TO FORM:
DENNIS J. HERRERA, City Attorney
By:
/
=R~O~B~B~W~.~KA,..,.---PL-A~~~~~
Deputy City Attorney
n:\legana\as2018\ 1800495\01313448.docx
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City and County of San Francisco
Tails
Ordinance
City Hall
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
180803
Date Passed: November 13, 2018
Ordinance amending the Planning Code to require Conditional Use Authorization for Restaurants
and prohibit new ABC License Type-75 establishments within a subarea of the Mission Alcoholic
Beverage Special Use District; to establish limits on the number of eating and drinking
establishments, require Conditional Use Authorization for replacing Legacy Businesses and new
bars, prohibit mergers of commercial space resulting in greater than 1,500 gross square feet, require
ground-floor non-residential tenant space for large projects, and expand Philanthropic Service and
Light Manufacturing uses in the Mission Street Neighborhood Commercial Transit District; affirming
the Planning Department's determination under the California Environmental Quality Act; and
making findings of consistency with the General Plan, and the eight priority policies of Planning
Code, Section 101.1, and findings of public necessity, convenience, and welfare under Planning
Code, Section 302.
October 22, 2018 Land Use and Transportation Cornmittee - AMENDED, AN
AMENDMENT OF THE WHOLE BEARING SAME TITLE
October 22, 2018 Land Use and Transportation Committee - RECOMMENDED AS
AMENDED
October 30, 2018 Board of Supervisors - AMENDED, AN AMENDMENT OF THE WHOLE
BEARING NEW TITLE
Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani,
Tang and Yee
October 30, 2018 Board of Supervisors - PASSED ON FIRST READING AS AMENDED
Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani,
Tang and Yee
November 13, 2018 Board of Supervisors - FINALLY PASSED
City and County of San Francisco
Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani,
Tang and Yee
Pagel
Printed at 12:21 pm on 11114118
File No. 180803
London N. Breed
Mayor
City and County of San Francisco
Page2
I hereby certify that the foregoing
Ordinance was Fl NALLY PASSED on
11 /13/2018 by the Board of Supervisors of
the City and County of San Francisco.
Date Approved
Printed at 12:21 pm on 11114118
