(a)   Applicability of Article 9 Provisions and Provisions of Other Parts of the Planning Code. This Article is adopted specifically for Mission Bay Use Districts. Notwithstanding any other provision of this Article 9, the term "Mission Bay Use Districts" is defined for purposes of this Article 9 to include only the non-shaded areas indicated on Figure 1. The shaded areas on Figure 1 are now governed by the Mission Bay North and Mission Bay South Redevelopment Plans and in MB-OS and P20, Sections 249.80 and 291, and are not subject to any provisions of this Article 9. The provisions set forth or referenced in this Article 9 shall apply to any use, property, structure, or development, both public and private, which is located in a Mission Bay Use District, unless otherwise provided for within this Article. Other provisions of this Code referenced in this Article are applicable in Mission Bay Use Districts shall apply only to the extent indicated in the reference. Other provisions of this Code which by their general terms would apply to Mission Bay Use Districts shall apply only to the extent expressly provided in this Article. The "Mission Bay Plan," formerly a part of the General Plan for the City and County of San Francisco, has been rescinded and adopted, as to the non-shaded areas on Figure 1, by the Planning Commission as the "Mission Bay Guidelines." Any reference in this Article 9 to the Mission Bay Plan shall be deemed to refer to the Mission Bay Guidelines adopted by the Planning Commission.

   (b)   Intent and Purpose of Article 9. This Article is intended to provide a comprehensive zoning system for Mission Bay Use Districts which is consistent with the objectives and policies set forth in the Mission Bay Guidelines. More specifically, the purposes of this Article, in addition to the general purposes stated in Section 101, are to provide in one article a complete listing of or reference to all of the Planning Code zoning categories, definitions, control provisions and review procedures which are applicable to the Mission Bay Use Districts.

   (c)   Applicability of Mission Bay Guidelines. The provisions of this Article are supplemented and further defined by objectives and policies, the associated text, and design and use guidelines contained in the Mission Bay Guidelines.

   (d)   Consistency with the General Plan and with Priority Policies. The provisions of Section 101.1 regarding consistency with the General Plan and with Priority Policies apply in the Mission Bay Use Districts.

   (a)   Establishment. The following use districts are established for the purpose of implementing the Mission Bay Plan, a part of the San Francisco Master Plan.

 

   (b)   Location. The districts are located as shown in Figure 1 which is provided for general orientation purposes only. The official boundaries of the various Mission Bay Use Districts are shown on the separately published Zoning Map referred to in Section 105 of this Code, and are subject to the provisions of Sections 105 and 106.

   (c)   M-1 and M-2 Districts. The M-1 and M-2 use districts shown on Figure 1 are not Mission Bay Use Districts. They are governed by other sections of the Planning Code which are applicable to M-1 and M-2 Districts generally.

            Mission Bay Use Districts consist only of non-shaded portions. The balance of the area is now governed by the Mission Bay North and Mission Bay South Redevelopment Plans.

            See Mission Bay North and Mission Bay South Redevelopment Plans regarding areas in Mission Bay not designated on this map.

   (a)   Uses Permitted. Uses, as defined in Section 102.27, permitted in Mission Bay Use Districts are either principal, conditional, accessory, or temporary as provided below.

      (1)   Principal Uses. Principal uses are permitted as of right in a Mission Bay Use District, when so indicated in Sections 906 through 916 for each district class.

      (2)   Conditional Uses. Conditional uses are permitted when a use is indicated as conditional in Sections 906 through 916 for each district class and is authorized by the City Planning Commission pursuant to the provisions of Section 303. Certain rules applicable to conditional 3 uses are contained in Section 984.

      (3)   Accessory Uses. A related minor use which is either necessary to the operation or enjoyment of a lawful principal use or conditional use or is appropriate, incidental and subordinate to any such use is permitted, subject to the limitations contained in Section 986, as an accessory use when located on the same lot.

      (4)   Temporary Uses. Uses not otherwise permitted are permitted as temporary uses to the extent authorized by Section 985.

      (5)   Multiple Permitted Uses in a Structure. If there are two or more uses in a structure and none is classified as accessory, then each of these uses will be considered separately as independent principal, conditional, or temporary uses.

      (6)   Enclosure of Permitted Uses. All permitted uses shall be conducted within an enclosed building, unless otherwise specifically allowed in this Code. Exceptions from this requirement are: uses which, when located outside of a building, qualify as an outdoor activity area, as defined in Section 790.70; uses which by their nature are to be conducted in an open lot or outside a building, as described in Sections 790 through 790.140; and temporary uses as provided in Section 985.

   (b)   Uses Not Permitted. 

      (1)   Uses Not Listed on Control Tables. Uses which are not listed in Sections 906 through 916 for each district class, and are not permitted accessory or authorized temporary uses, unless determined by the Zoning Administrator to be permitted uses in accordance with Section 307(a), are not permitted.

      (2)   Nuisances. No use, even though listed as a permitted use or otherwise allowed, shall be permitted if by reason of its nature or manner of operation, it creates conditions that are hazardous, noxious, or offensive through the emission of odor, fumes, smoke, cinders, dust, gas, vibration, glare, refuse, water-carried waste, or excessive noise.

      (3)   Certain Non-Permitted Uses Allowed to Remain. Certain non-permitted uses may be permitted to remain as non-conforming uses subject to the provisions of Section 983.

   (c)   Compliance of Uses with Controls. All uses, buildings and features shall comply with all controls set forth for the district in which they are located. Where different controls conflict or overlap within the same use district, the use, building or feature shall abide by the most restrictive of all controls.

   Statements of description and purpose for each Mission Bay Use District are contained in Sections 906 through 916. These statements outline the main functions of each use district in the Zoning Plan for San Francisco, supplementing the statements of purpose in Sections 101 and 206 and implementing various elements of the Master Plan and the Mission Bay Plan, a part of the Master Plan.

   Zoning controls for each Mission Bay Use District are set forth in the Zoning Control Tables 906 through 916. The tables are organized as follows:

   (a)   Columns. 

      1.   The first column in the Zoning Control Table, titled "No." provides a category number for each zoning control category.

      2.   The second column in the table, titled "Zoning Control Category," lists each zoning control category which is regulated in this Article 9.

      3.   The third column, titled "§ References," contains numbers of other sections in the Planning Code and other City Codes, in which control provisions, including exceptions and definitions, where pertinent, are contained.

      4.   In the remaining column or columns, titled "Controls," the controls applicable to the various use districts are indicated either directly or by reference to other Code sections which contain the controls. Controls are listed for each use district identified in the column heading by the use district abbreviation and the section number of the districts' statement of description and purpose.

   (b)   Building Standards and Uses. The table is divided into two parts, "Building Standards" and "Uses." The "Building Standards" section summarizes and/or cross references the provisions of this Article regulating the general size, shape, character and design of development permitted in the District. The "Uses" section indicates the types of uses permitted in the district.

   (c)   Symbols Used. 

   The following symbols are used:

 

 

   The MB-R-1 Districts front on and frame major open spaces of Mission Bay. A development pattern of individual buildings on lots approximately 25 feet wide is encouraged. The housing types likely to be developed are three story buildings without side yards above parking with an at-grade back yard. Buildings on the corner lots may be four stories over parking.

   The MB-R-2 Districts are generally located toward the middle and southern portions of the residential area. These districts are to be developed with three and four story flats and apartments, some with at-grade back yards, some with open space on top of one level of aggregated parking, and some with upper level balconies.

   The MB-R-3 Districts are on the periphery of the residential section of Mission Bay and provide a buffer between the lower and moderate density housing and the office and commercial-industrial development. These districts are to be developed with apartment complexes up to eight and ten stories in height with perimeter housing units with street level entries screening two levels of parking. Common open space is expected to be located on the parking podium.

 

   The MB-NC-2 District is located on both sides of Long Bridge Street and sections of Channel, 4th, 5th and 16th Streets. This District is intended to provide essential neighborhood serving uses and a broad range of convenience goods and services to the local neighborhoods as well as limited comparison shopping which may also draw on a wider area. Commercial and other nonresidential uses are limited to the first story; the upper three or more stories are to be residential. Limits on late night activity, drive up facilities, and other automobile uses are intended to protect the livability within and around the district, and promote continuous retail frontage.

   The MB-NC-3 District is located along Third Street between 16th and Channel Streets. This district is intended to provide a wide range of comparison and specialty goods and services to a population greater than the immediate neighborhood, in addition to providing convenience goods and services to local residents. Most commercial and other nonresidential uses are permitted on the first and second story only. The second story may be used by some retail stores personal services, and medical, business professional offices, and live/work units. The upper four stories are to be residential.

   The MB-NC-S Districts are located at the northwest corner of 3rd and 16th Street and the northeast corner of 3rd and Mariposa Streets. They are intended to provide retail goods and services for car-oriented shoppers from a wide market area as well as from Mission Bay. Although nonresidential uses are not limited as to story, the districts are expected to contain one story to two story buildings (one being a supermarket) with a substantial amount of off-street parking above or adjacent to the building. Residential use is permitted in both locations. Light industrial uses are permitted in the 3rd and Mariposa location as a conditional use. Live/work units are permitted in the 3rd and 16th Streets location.

 

   The MB-O District is located on either side of King Street. This district is to be developed with large floor plate and smaller structures for office uses. The buildings are expected to occupy most of the development parcel and will vary in height from four to eight stories. Permitted parking will be located beneath the office buildings and in above grade parking structures. Some convenience retail and other uses will be located at the base of office buildings and parking structures. Usable open space will be provided in a variety of forms, including at grade plazas and courtyards.

   The MB-CI District is located on Owens Street. This district is expected to house firms which provide business services, manufacture, warehouse or distribute products or conduct research and development activities. Institutional, office and large-scale retail uses are also permitted. Live/work units are permitted. Buildings will vary from three to six stories in height.

   The MB-H District is located on the west side of Fourth Street. This district to be developed with a hotel of up to 500 rooms and related retail services.

 

   The MB-CF Districts are located in several locations in Mission Bay. These districts are intended to accommodate various community facilities as more particularly described in the Mission Bay Plan. They may include an arena or sports complex, a school, and a public safety/recreation complex. There are certain limitations on uses in these districts in the Mission Bay Development Agreement.

 

   The MB-OS Districts are located throughout Mission Bay. The districts provide a comprehensive open space system including two large shoreline parks, internal neighborhood parks and plazas and open space corridors in accordance with the provisions of the Mission Bay Plan. The inclusion of land in open space districts is intended to indicate its principal or exclusive purpose as open space, with future development of any character strictly limited. Only recreational uses and uses incidental to and supportive of recreational use are permitted in these districts, except in Crescent Park where small scale convenience retail uses, and in China Basin Channel, where a houseboat community and a restaurant are permitted. A "public transportation facility," as defined in Section 996(b)(12), is also a permitted use in this district.

 

   (a)   Number of Dwelling Units Permitted and Required. The maximum allowable and minimum required number of dwelling units in each development block in MB-R and MB-NC-2 and MB-NC-3 Districts shown in Figure 2, is as described in Table 920 below, except as provided in Subsection (b). The term "dwelling unit" is defined in Section 102.7. Dwelling unit sizes shall be determined in the manner provided in the Mission Bay Plan. In MB-NC-S Districts, there shall be no minimum required number of dwelling units, and the maximum shall be the number of dwelling units which can be accommodated in a building or buildings on the block or lot which conform to the applicable building standards of this Article and the Design Guidelines of the Mission Bay Plan.

 

   (b)   Assignment of Densities to Lots as Development Blocks are Subdivided. As each development block is subdivided and re-subdivided from time to time pursuant to the provisions of the Subdivision Code it shall be established to the satisfaction of the Zoning Administrator that the number of dwelling units to be assigned to each lot in the subdivision can be accommodated in a building or buildings which conform to the applicable building standards of the district and the design guidelines of the Mission Bay Plan.

   (c)   Transfer and Increase of Residential Densities. 

      (1)   Transfer. The number of dwelling units on a specific development block, as defined in Section 996(b)(1), may be up to 10 percent greater or less than the number specified in Table 920 provided that the greater or lesser number of units is compensated for by an equal decrease or increase in units in another development block or blocks. When more than one development block or lot are aggregated to form a single development project, as defined in Section 996(b)(10), the number of dwelling units assigned to particular blocks or lots may vary by more than 10 percent from the numbers listed in Table 920 provided that the total number of dwelling units in the single development project equals the total of the numbers specified for all the blocks and lots in the single development project.

      (2)   Increase. The total number of dwelling units initially authorized in Table 920 for Affordable Housing Development Blocks may be increased by 366 units, and for all other development blocks by 268 units, pursuant to the procedures set forth in Subsection (d)(1) below. The term "Affordable Housing Development Blocks" refers to those development blocks listed in Table 920 which contain the letter "A" in the block number.

   (d)   Limitations on Transfer of Densities. The following limitations on the transfer of density shall apply:

      (1)   As a condition of approval of a transfer of dwelling units or an increase in the number of dwelling units in any development block or lot, it shall be established to the satisfaction of the Zoning Administrator that the increased number of units can be accommodated in a building or buildings on the block or lot which conform to the applicable building standards of this Article and the design guidelines of the Mission Bay Plan and that the guidelines on unit size can be met.

      (2)   The Zoning Administrator may deny any request for a transfer of density if, at the time of the request, the total number of dwelling units constructed or under construction on all blocks or lots on which density has been increased or decreased, as provided in Subsection (c) above, is 200 units less than the total number of units initially authorized in Table 920 for all blocks or lots on which the density has been increased or decreased.

   (e)   Recording Transfers of Density. As the number of dwelling units permitted and required on each development block is modified from time to time, as permitted in this Section, a new table, to be titled "Table 920-R, Residential Density Table with Density Transfers," shall be prepared to reflect the modifications. A revised table shall be submitted as part of the request for density transfer, approved by the Zoning Administrator as part of the transfer approval, and published in a form suitable for insertion in the Planning Code.

   The maximum occupied floor area of small scale convenience retail uses, as defined in Section 996(b)(9), permitted in MB-R districts shall be 24,400 gross square feet in total and 3,000 gross square feet per location.

   (a)   MB-NC-2 Districts. The occupied floor area of nonresidential uses permitted by Section 909 on the first story of buildings on lots in the MB-NC-2 district shall be limited to the area of the first story to a depth of 60 feet from the front property line of the lot, or, in the case of a corner lot, from the two front property lines, except as provided in Subsection (d).

   (b)   MB-NC-3 District. The occupied floor area of nonresidential uses permitted by Section 910 on the first and second story of buildings on lots in the MB-NC-3 District shall be limited to the area of the first and second stories to a depth of 80 feet from the front property line of the lot, or, in the case of a corner lot, from the front two property lines, except as provided in Subsection (d).

   (c)   MB-NC-S Districts. The gross floor area of nonresidential uses permitted by Section 911 in the MB-NC-S Districts shall be limited as follows:

      Development Block 35 - 40,000 gross square feet

      Development Block 53 - 60,000 gross square feet

   (d)   In Development Blocks 27A, 33A and 50A, additional occupied floor area shall be permitted for non-profit live-work, child care, cultural, educational, health, recreational or social service facilities to the extent that the additional floor area will be accommodated in a building or buildings which conform to the applicable building standards of the district and the design guidelines of the Mission Bay Plan. The facilities may be located above the first story provided that the number of units specified by Section 920, or as modified pursuant to the provisions of Section 920, will also be provided. Provision of these facilities shall not preclude open space amenities on these sites.

   (a)   Gross Floor Area Permitted. The density of all uses permitted in the MB-O District by Section 912 and in the MB-CI District by Section 913 shall be limited to a gross floor area which is equal to a floor area ratio of 4.5 to 1 in the MB-O District and 3.0 to 1 in the MB-CI District applied to a lot area which excludes the area occupied by a midblock lane required by the Mission Bay Plan.

   (b)   Exclusions from Gross Floor Area. The term "gross floor area" is defined in Section 102.9. In addition to the exclusions from gross floor area provided in Section 102.9(b)(1) through (10), the following exclusions shall apply in the MB-O and MB-CI Districts:

      1.   An interior space provided as an open space feature in accordance with the requirements of Section 952.

      2.   Child care facilities in accordance with the provisions of Section 102.9(b)(14).

      3.   Space which is located on the first story to a depth of 25 feet from the property line of a building or parking structure facing a street or midblock lane and which is devoted to retail sales, personal services, or child care, cultural, educational, recreational, religious or social service facilities.

      4.   In the MB-CI District, live/work units and any occupied floor area devoted to mechanical equipment or appurtenances or other floor area accessory to live/work use; provided that: (1) one or more arts activities as defined in Section 102.2 are the primary nonresidential use and that other nonresidential activities are limited to those otherwise permitted in the district or otherwise conditional in the district and specifically approved as a conditional use; and (2) the provisions of Section 940(b) are satisfied.

   (c)   Transfer of Permitted Gross Floor Area. In order to accommodate the creation of a smaller number of accessory parking structures serving more than one building and to facilitate building articulation, as provided in the Mission Bay Plan, the permitted gross floor area for any building or development on a lot in the MB-O and MB-CI Districts may be increased by transfer to such lot of gross floor area from another lot with the same district which is permitted under this section but which has not been utilized.

   (d)   Limitations on Transfer. As a condition of approval of transfer of gross floor area to another lot, it shall be established to the satisfaction of the Zoning Administrator that the increased gross floor area can be accommodated in a building or development which conforms to the applicable building standards of this Article and the design guidelines of the Mission Bay Plan.

   (e)   Recording Transfers. The documentation required by Section 127(b) and (c) shall be required to effect a transfer of gross floor area under this section.

   The total gross square footage of all uses permitted in the MB-H district by Section 914 shall be determined by the size of the building allowed by the various controls of this Article 9 and the Hotel Design Guidelines in the Mission Bay Plan and shall not exceed a gross floor area ratio of 4.5 to 1.

   The gross square footage of all uses in buildings and structures permitted in MB-CF Districts by Section 915 shall not exceed the following floor area ratios:

 

 

   The total gross square footage of structures permitted in the MB-OS Districts by Section 916 is as follows:

   (a)   Single story small scale convenience retail in the area referred to as Crescent Park, consistent with the Recreation and Open Space Design Guidelines Section 5 (Character Elements) of the Mission Bay Plan: total of 2,000 gross square feet.

   (b)   Single story restaurant on China Basin Channel Pier at Fourth Street: 6,000 gross square feet.

   (c)   Houseboat community in China Basin Channel: 55 vessels (20 pleasure boats and 35 pleasure craft) and ancillary facilities, consistent with the Recreation and Open Space Design Guidelines Section 2.4 (Channel edge at Houseboats) of the Mission Bay Plan, in the area defined in a lease with the Port of San Francisco.

   (d)   Other structures are limited to those which are necessary for or incidental to and supportive of the use of the area for active and passive recreation. Their size is to be determined by their function and purpose and consistency with the Master Plan.

   (a)   Establishment and Location. Height districts are hereby established, subject to the provisions of this Article 9. The districts are generally shown on Figure 3, which is provided for orientation purposes only. The official boundaries of the various Mission Bay Height Districts are shown on the separately published Zoning Map referred to in Section 105 and are subject to the provisions of Sections 105 and 106. The height limits for each such district are specified by numerical designations in feet.

   (b)   Limitations of Height. No building or structure or part thereof shall be permitted to exceed the height limits for the district in which it is located. There are other limitations on the height of buildings and structures contained in Sections 933 and 940.

   In addition to the purposes of this Code as stated in Section 101, the Mission Bay Height Districts are established for further purposes of implementing the Urban Design element and other elements of the Master Plan and the Mission Bay Plan, according to the objectives, principles and policies stated therein. Among these purposes are the following:

   1.   Relating the height of buildings to important attributes of the City pattern and to the height and character of existing development;

   2.   Promotion of building forms that will respect and improve the integrity of open spaces and other public areas;

   3.   Promotion of harmony in the visual relationships and transitions between new and older buildings;

   4.   Protection and improvement of important City resources and of the neighborhood environment;

   5.   Conservation of natural areas and other open spaces; and

   6.   Direction of new development to locations that are appropriate in terms of land use and transportation.

   The following rules shall apply in the measuring of height:

   1.   The point above which such measurements shall be taken shall be as specified in the definition of "height" in § 102.12.

   2.   The upper point to which such measurement shall be taken shall be the highest point on the finished roof in the case of a flat roof, and the average height of the rise in the case of a pitched or stepped roof, or similarly sculptured roof form or any higher point of a feature not exempted by Section 933.

   3.   In cases where the height limit is 65 feet or less and a street from which height measurements are made slopes laterally along the lot, or the ground slopes laterally on a lot that also slopes upward from the street, there shall be a maximum width for the portion of the building or structure that may be measured from a single point at curb or ground level, according to the definition of "height" in § 102.12, as specified in the following table:

 

 

   The following features shall be exempt from the height limits established by this Article, subject to limitations indicated:

   1.   Mechanical equipment and appurtenances necessary to the operation or maintenance of the building or structure itself (including chimneys, ventilators, cooling towers, water tanks, panels or devices for the collection of solar or wind energy and window washing equipment) and elevator, stair, and mechanical penthouses, and skylights. The horizontal areas of all the features listed in this paragraph shall not exceed 20% of the horizontal area of the roof above which they are situated. This exemption shall be limited to the top 10 feet of such features where the height limit is 65 feet or less, and the top 16 feet of such features where the height limit is more than 65 feet.

   2.   Enclosed space related to the recreational use of the roof, not to exceed 10 feet in height where the height limit is 65 feet or less or 16 feet in height where the height limit is more than 65 feet.

   3.   Additional building volume used to enclose or screen from view the features listed under Paragraph (1) above and to provide additional visual interest to the roof of the structure. The rooftop form created by the added volume shall not exceed 10 feet in height where the height limit is 65 feet or less or 16 feet where the height limit is more than 65 feet, measured as provided in Section 932, and may not exceed a total volume, including the volume of the features being enclosed, equal to three/fourths of the horizontal area of all upper tower roof areas of the building measured before the addition of any exempt features times 10 where the height limit is 65 feet or less or times 16 where the height limit is more than 65 feet.

   4.   In MB-R-1 and MB-R-2 Districts, an occupied dwelling unit, and in the MB-CI District, live/work units, not to exceed one half the square footage of the last full floor and located within a sloping roofline with a series of dormers, are permitted within the building volume permitted by Paragraph 3 to enclose and screen from mechanical equipment and appurtenances, elevator, stair and mechanical penthouses, and other features permitted by Paragraph (1) above.

   5.   Ornamental and symbolic features of public and religious buildings and structures, including towers, spires, cupolas, belfries and domes, where such features are not used for human occupancy.

   6.   Railings, parapets and catwalks, with a maximum height of four feet.

   7.   Open railings, catwalks and fire escapes required by law, wherever situated.

   8.   Unroofed recreation facilities with open fencing, including tennis and basketball courts at roof level, swimming pools with a maximum height of four feet and play equipment with a maximum height of 10 feet.

   9.   Unenclosed seating areas limited to tables, chairs and benches, and related wind screens, lattices and sunshades with a maximum height of 10 feet.

   10.   Landscaping, with a maximum height of four feet for all features other than plant materials.

   11.   Flag poles and flags, and weather vanes.

   12.   Cranes, scaffolding and batch plants erected temporarily at active construction sites.

   (a)   MB-R and MB-NC Districts. In MB-R and MB-NC Districts the height (within the permitted maximum) and bulk of buildings and structures shall be consistent with Residential Design Guidelines Section 2.2 in the Mission Bay Plan. The fronts of buildings shall be articulated and varied and wide buildings shall be visually divided into narrower segments in the manner provided in Residential Design Guidelines Section 2.6 and Neighborhood Commercial Design Guidelines in the Mission Bay Plan.

   (b)   MB-O and MC-CI Districts. In MB-O and MB-CI Districts, the height (within the permitted maximum) and bulk of buildings and structures shall be consistent with, and buildings and structures shall be articulated in the manner provided in, Commerce and Industry Design Guideline Sections 2.4 and 2.7 in the Mission Bay Plan.

   (c)   MB-H District. In the MB-H District, the height (within the permitted maximum) and bulk of buildings and structures shall be consistent with, and the buildings and structures shall be articulated in the manner provided in, the Hotel Design Guidelines (Commerce and Industry Design) Section 5 of the Mission Bay Plan.

   (d)   MB-CF Districts. In MB-CF Districts, the height (within the permitted maximum), bulk and articulation of buildings and structures in MB-CF shall be consistent with the Community Facilities Design Guidelines in the Mission Bay Plan and with the policies of the Urban Design and other elements of the Master Plan.

   (e)   MB-OS Districts. In MB-OS Districts, the height and bulk of buildings and structures shall be consistent with the Recreation and Open Space Design Guidelines in the Mission Bay Plan and with the policies of the Urban Design, Recreation and Open Space and other elements of the Master Plan. The commercial uses permitted by Section 916 are limited in height to a single story.

   In order to facilitate the articulation and architectural embellishment of the building base, all buildings in MB-R Districts, up to the height of 10 feet, shall be set back 3 feet from the line of the public sidewalk on frontages adjacent to streets and parks without an intervening street, and 1½ feet from the public sidewalk on frontages adjacent to a midblock lane or a park pathway. In this setback area horizontal projections such as stairs, stoops, porticos, porches and other entry treatments, columns, planter boxes, bay windows, sills, window frames, belt courses and rusticated materials are permitted provided that at least one-third of the setback zone to the full height of the zone is free of all horizontal projections except for (1) minor architectural projections projecting to six inches and (2) low landscaping projecting horizontally up to two feet on street frontages and one foot on midblock lane frontages. Bay windows in the setback area shall conform to the dimensions of bay windows permitted by Section 942.

   (a)   Permitted Obstructions. In all Mission Bay Use Districts, the obstructions permitted over streets and alleys and usable open space by Section 136 are permitted over streets and midblock lanes (defined in Section 996(b)(4) to be the same as an alley as used in Section 136) and usable open space in Mission Bay Use Districts, except that, in MB-R districts, obstructions are not permitted over streets and obstructions over midblock lanes and park pathways (as defined in Section 996(b)(7)) are limited to one and one-half feet.

   (b)   Modifications and Limitations on Bay Windows. In order to allow more variety in the design of bay windows in Mission Bay Use Districts the restrictions on the dimension of bay windows contained in Section 136 are modified as follows:

      (1)   In addition to other bay windows permitted by Section 136, the Zoning Administrator may allow a bay window of any shape which is determined to enhance the visual appearance of the structure provided that:

         (A)   The total area of the horizontal projection of whatever height does not exceed 45 square feet for each increment of 25 feet of lot width;

         (B)   The projection into the required open area does not exceed three feet in depth and is no closer than eight feet to the centerline of any midblock lane, and

         (C)   There is a horizontal separation between bay windows of at least four feet.

      (2)   In addition to other permitted corner bay windows permitted by Section 136, the Zoning Administrator may allow a corner bay window of any shape which is determined to enhance the visual appearance of the structure provided that:

         (A)   The bay at each line establishing the required open area is no greater than 15 feet in width;

         (B)   The total area of the horizontal projection of whatever height does not exceed 90 square feet;

         (C)   There is a horizontal separation between the corner bay and other bays of at least four feet; and

         (D)   The projection into the required open area does not exceed three feet span and is no closer than eight feet to the center line of any midblock lane.

      (3)   Cornices at the top of bays, projecting no more than the permitted projection of the bays, which link two rows of bay windows to establish a + 25 foot building articulation are permitted.

   (c)   Obstructions by Minor Architectural Features. Within the area of minimum vertical clearance required by Section 136 for obstructions over usable open space, horizontal projections, not to exceed six inches, of a purely architectural or decorative character, such as sills, room and window moldings, belt courses, columns, piers and rusticated materials, are permitted.

   In all Mission Bay Use Districts, mechanical equipment and appurtenances necessary to the operation or maintenance of the building or structure itself (including chimneys, ventilators, plumbing vent stacks, cooling towers, water tanks, panels or devices for the collection of solar or wind energy and window washing equipment), elevator, stair and mechanical penthouses, and skylights, Wireless Telecommunications Services Facilities, and antennae for transmission, reception, or relay of radio, television, or other electronic signals when a permitted use in the district shall be enclosed and screened: (i) in such a manner that the enclosure is designed as a logical extension of the building form and an integral part of the overall building design; and its cladding and detailing is comparable to that of the rest of the building; or (ii) by a rooftop form which is appropriate to the nature and proportions of the building, and is designed to obscure the rooftop equipment and appurtenances and to provide a more balanced and graceful silhouette for the top of the building. Minor features, not exceeding one foot in height, shall be exempted from this regulation.

   The provisions of Section 136.1 pertaining to awnings, canopies and marquees in NC-2 districts shall also apply in MB-NC-2, MB-NC-3, MB-O, MB-CI, and MB-H and MB-CF Districts.

   (a)   Application Limited to Residential Levels. The maximum lot coverage and separation of building requirements of this section shall apply in Mission Bay Use Districts at all residential levels. The level of perimeter dwelling units as defined in Section 996(b)(8) shall not deemed to be a residential level as that term is used in this section.

   (b)   Maximum Lot Coverage. The maximum lot coverage of all buildings and structures at all residential levels on each lot, excluding obstructions permitted by Subsection (d) below, is 75% of the lot area.

   (c)   Minimum Building Separations. The minimum separations between building facades for various building types, excluding obstructions permitted by Subsection (d) below, are as follows:

 

   (d)   Permitted Obstructions in Building Separations. The following obstructions permitted over streets and alleys and in required setbacks, yards, and usable open space by Sections 136 and 942(b) shall also be permitted in required building separations required in Subsection (c) above and shall not be deemed to be lot coverage.

      1.   Overhead horizontal projections as provided in § 136(c)1 except that the requirement of a minimum head room of 7½ feet shall not apply.

      2.   Bay windows, balconies and similar features, as provided in Sections 136(c)2 and 3 and 942(b), except that the requirement of a minimum head room of 7½ feet shall not apply.

      3.   Fire escapes, as provided in § 136(c)4.

      4.   Chimneys, as provided in § 136(c)6.

      5.   Retaining walls, as provided in § 136(c)13.

      6.   Steps, as provided in § 136(c)14.

      7.   Railings and grill work, as provided in § 136(c)15 and 16.

      8.   Garden structures, as provided in § 136(c)21, 22 and 23.

      9.   Decks, as provided in § 136(c)24.

   (e)   Meaning of Terms Used. Various terms used in this section are defined as follows:

      1.   Building Separation.The distance between facades of buildings measured in lineal feet without regard to obstructions permitted by Subsection (d).

      2.   Facade.The exterior face of a building excluding permitted encroachments and obstructions.

      3.   Front Facade.The facade of a building abutting a block or midblock lane. In the case of a building on the corner of a street and midblock lane, the "front" is the facade abutting the street. In the case of a building on the corner of two streets, the "front" is the facade of building which is the primary orientation of the living room of the greater number of units. In the case of a building not abutting a street or midblock lane, the "front" is the facade which is the primary orientation of the living room of the greatest number of units. For cases not meeting the foregoing definitions, the "front facade" shall be determined by the Zoning Administrator.

      4.   Rear Facade.The facade of the building opposite or most nearly opposite to the front facade.

      5.   Side Facade.The facade of a building between and joining the front and rear facades.

      6.   Lot Coverage.The portions of a lot covered by a structure or structures excluding permitted encroachments and obstructions.

   (a)   Amount Required. Usable open space shall be provided for each dwelling and each group housing structure in Mission Bay Use Districts according to the standards set forth in this Section in the amounts specified below.

 

 

      For group housing structures, the minimum amount of usable open space provided for use by each bedroom shall be 1/3 the amount required for a dwelling unit as specified above. For purposes of these calculations, the number of bedrooms shall in no case be considered to be less than one bedroom for each two beds. Where the actual number of beds exceeds an average of two beds for each bedroom, each two beds shall be considered equivalent to one bedroom.

   (b)   Character of Open Space Provided. Usable open space shall be composed of an outdoor area or areas designed for outdoor living, recreation or landscaping, including such areas on the ground and on decks, balconies, porches and roofs, which are safe and suitably surfaced and screened, and which conform to the other requirements of this Section. Such area or areas shall be on the same lot as the dwelling units (or bedrooms in group housing) they serve, except as provided in (f)3 below, and shall be designed and oriented in a manner that will make the best practical use of available sun and other climatic advantages. "Private usable open space" shall mean an area or areas private to and designed for use by only one dwelling unit (or bedroom in group housing). "Common usable open space" shall mean an area or areas designed for use jointly by two or more dwelling units (or bedrooms in group housing). The slope of any area credited as either private or common usable open space shall not exceed five percent.

   (c)   Access to Open Space. Usable open space shall be as close as is practical to the dwelling unit (or bedroom in group housing) for which it is required, and shall be accessible from such dwelling unit or bedroom as follows:

      1.   Private usable open space shall be direct and immediately accessible from such dwelling unit or bedroom, and shall be either on the same floor level as such dwelling unit or bedroom, with no more than one story above or below much floor level with convenient private access.

      2.   Common usable open space shall be easily and independently accessible from such dwelling unit or bedroom, or from another common area of the building or lot.

   (d)   Permitted Obstructions Over Open Space. The obstructions listed in Section 136 for usable open space shall be permitted over private or common usable open space.

   (e)   Additional Standards for Private Usable Open Space. 

      1.   Minimum Dimensions and Minimum Area. Any space credited as private usable open space shall have a minimum horizontal dimension of six feet and a minimum area of 36 square feet if located on a deck, balcony, porch or roof, and shall have a minimum horizontal dimension of 10 feet and a minimum area of 100 square feet if located on open ground, a terrace, or the surface of an inner or outer court.

      2.   Exposure. In order to be credited as private usable open space, an area must be kept open in the following manner:

         (A)   For decks, balconies, porches and roofs, at least 30 percent of the perimeter must be unobstructed except for necessary railings.

         (B)   In addition, the area credited on a deck, balcony, porch or roof must either face a street, face or be within a rear yard, or face or be within some other space which, at the level of the private usable open space, meets the minimum dimension and area requirements for common usable open space as specified in Paragraph 951(f)(1) below.

         (C)   Areas within inner and outer courts, as defined by Section 102.4, must either conform to the standards of Subparagraph (f)2(B) above or be so arranged that the height of the walls and projections above the court on at least three sides (or 75 percent of the perimeter, whichever is greater) is such that no point on any such wall or projection is higher than one foot for each foot that such point is horizontally distant from the opposite side of the clear space in the court, regardless of the permitted obstruction referred to in Subsection (d) above.

      3.   Fire Escapes as Usable Open Space. Normal fire escape grating shall not be considered suitable surfacing for usable open space. The steps of a fire escape stairway or ladder, and any space less than six feet deep between such steps and a wall of the building, shall not be credited as usable open space. But the mere potential use of a balcony area for an emergency fire exit by occupants of other dwelling units (or bedrooms in group housing) shall not prevent it from being credited as usable open space on grounds of lack of privacy or usability.

      4.   Use of Solariums.The area of a totally or partially enclosed solarium shall be credited as private usable open space if (i) such area is open to the outdoors through openings or clear glazing on not less than 50 percent of its perimeter and (ii) not less than 30 percent of its overhead area and 25 percent of its perimeter are open or can be opened to the air.

   (f)   Additional Standards for Common Usable Open Space. 

      1.   Minimum Dimensions and Minimum Area. Any space credited as common usable open space shall be at least 15 feet in every horizontal dimension and shall have a minimum area of 300 square feet.

      2.   Use of Inner Courts. The area of an inner court, as defined by Section 102.4, may be credited as common usable open space, if the enclosed space is not less than 20 feet in every horizontal dimension and 400 square feet and the requirements of Paragraph (f)2(C) above are met.

      3.   Use of Mid-block Parks. Mid-block parks, as defined in Section 996(b)(5), conforming to Residential Design Guidelines Section 2.3 and Recreation and Open Space Design Guidelines, Section 11 in the Mission Bay Plan, may be credited as common usable open space. For mid-block parks not on the same lot as the dwelling units they serve, provision shall be made, in a manner satisfactory to the Zoning Administrator, regarding the responsibility for the safe operation and regular maintenance of the midblock park.

   In each dwelling unit in a Mission Bay Use District, the required windows (as defined by Section 501.4 of the San Francisco Housing Code) of at least one room that meets the 120-square foot minimum superficial floor area requirement of Section 501.1 of the Housing Code shall face directly on an open area of one of the following types:

   1.   A public street;

   2.   A midblock lane at least 25 feet in width, or

   3.   A building separation at least 25 feet in width, or

   4.   An inner court which is unobstructed except for fire escapes not projecting more than necessary for safety and in no case more than 4 feet 6 inches, chimneys, and those obstructions permitted in Sections 136(c)14, 15, 16, 19, 20 and 29 of this Code and is no less than 25 feet in every horizontal dimension for the floor at which the dwelling unit in question is located and the floor immediately above it, with an increase of five feet in every horizontal dimension at each subsequent floor.

   (a)   Building Separation. There are no building separation requirements at nonresidential levels of buildings and structures in Mission Bay Use Districts.

   (b)   Lot Coverage. 

      (1)   MB-R Districts. Lot coverage of buildings and structures at nonresidential levels in MB-R Districts shall be consistent with Residence Design Guidelines Section 2.3 in the Mission Bay Plan and the set-back requirements of Section 941 of this Code.

      (2)   MB-NC Districts. Lot coverage of buildings and structures in MB-NC Districts shall be consistent with the Neighborhood Commercial Design Guidelines in the Mission Bay Plan.

      (3)   MB-O and MB-CI Districts. Lot coverage of buildings and structures in the MB-O and MB-CI Districts shall be consistent with Commerce and Industry Design Guidelines Section 2.2 of the Mission Bay Plan.

      (4)   MB-H District. Lot coverage of the buildings and structures in the MB-H District shall be consistent with Commerce and Industry Design Guidelines Section 5 in the Mission Bay Plan.

   (a)   Amount of Open Space Required. Usable open space shall be provided in the MB-O and MB-CI Districts, in accordance with the standards set forth in this Section, in the amount of one square foot for each 40 square feet of occupied floor area of all uses except residential and live/work and institutional uses, uses in a predominantly retail building, and parking.

   (b)   Types of Open Space. One or more of the following types of open space may be provided to satisfy the requirements of this Section: a plaza, an urban park, an urban garden, a view terrace, a sun terrace, a greenhouse, a small sitting area (a snippet), an atrium, an indoor park, or a public sitting area in a galleria, arcade, pedestrian mall or walkway, or, with respect to open space required in the MB-CI District, a park pathway.

   (c)   Open Space Standards. The required open space, as determined by the Zoning Administrator, shall:

      1.   Be of adequate size to be attractive and practical for its intended uses;

      2.   Be in such locations and provide such ingress and egress as will make the area convenient, safe, secure and easily accessible to the general public;

      3.   Be well designed, and where appropriate be landscaped;

      4.   Be protected from uncomfortable wind;

      5.   Incorporate various features, including ample seating and, if appropriate, access to food service, which will enhance public use of the area;

      6.   Have adequate access to sunlight if sunlight access is appropriate to the type of area;

      7.   Be well lighted if the area is of the type requiring artificial illumination;

      8.   Be well signed and open to the public at times when it is reasonable to expect substantial public use;

      9.   Be designed to enhance user safety and security; and

      10.   Have convenient access to toilet facilities open to the public; and

      11.   Be in general conformity with the Recreation and Open Space Design Guidelines in the Mission Bay Plan.

   (d)   Costs and Restrictions. All costs of the open space, including without limitation those associated with design, development, regular maintenance, and safe operation of this open space, shall be borne by the property owner. The property owner shall record with the County Recorder a special restriction on the property satisfactory in substance to the Zoning Administrator and sufficient to give notice to subsequent owners, tenants and other persons having other economic interests in the property of the open space requirement and the means by which the requirement has been, and must continue to be, satisfied.

   (e)   Approval and Construction. The open space shall be reviewed and approved as part of the site or building permit application for the project giving rise to the open space requirement. No temporary or other certificate of occupancy shall be issued for any structure constructed under the permit until the open space is substantially complete.

   (f)   Informational Plaque. Prior to issuance of a permit of occupancy, a plaque shall be placed in a publicly conspicuous location outside the building at street level, or at the site of an outdoor open space, identifying the open space feature and its location, stating the right of the public to use the space and the hours of use, and stating the name and address of the owner or owner's agent responsible for maintenance.

   The provisions of Section 135.2 shall apply to live/work units in Mission Bay Use Districts.

   (a)   Requirement in All Districts except MB-OS. In all Mission Bay Use Districts, except MB-OS Districts, street trees shall be installed by the owner or developer either within a set-back area on the lot or within the public right-of-way along such lot.

      The street trees shall conform to the Street Design Guidelines of the Mission Bay Plan. Except when otherwise provided in those guidelines, the street trees installed shall be a minimum of one tree of 15 gallon size for each 20 feet of frontage of the property along each street or alley, with any remaining fraction of 10 feet or more of frontage requiring an additional tree.

      The species of trees selected shall conform to the Street Design Guidelines and the Street Tree Planting Plan (Figure 18) In the Mission Bay Plan. Along major arteries, as shown on Figure 18, tree species should be consistent and planted in a formal manner. On neighborhood streets tree species should vary from block to block but be consistent within the block.

   (b)   Requirement in MB-OS Districts. In MB-OS Districts, street trees shall be installed in accordance with the Recreation and Open Space Design Guidelines and Street Design Guidelines in the Mission Bay Plan.

   (a)   The provisions of Section 149(a), (b) and (d) shall apply in the MB-O and MB-H Districts and, in the case of construction of a building containing more than 25,000 square feet of office space, in the MB-CI District.

   (b)   Within the MB-OS Districts, works of art costing an amount equal to one percent of the construction cost of the open space development as set forth in the Mission Bay Development Agreement, excluding the cost of the works of art, shall be installed and maintained in clearly visible locations on one or more of the open space sites. The works of art may include sculpture, murals, mosaics, decorative water features or other art works permanently affixed to a structure or its grounds. A plaque or corner stone identifying the creator of the art work and the erection date shall be placed at a publicly conspicuous location on or near the artwork.

   (c)   In the MB-CF Districts, art works shall be installed in accordance with the provisions of Ordinance No. 30-69, or any successor ordinance.

   (b)   Location. Off-street parking spaces shall be located as provided in Section 159.

   (a)   Amount. The number of off-street parking spaces required for nonresidential uses in the MB-NC-2, MB-NC-3, and MB-NC-S Districts shall be one space for each 850 square feet of nonresidential uses, except that the community cultural center on Development Block 32, as provided in the Mission Bay Plan, and nonresidential uses in affordable housing sites on Development Blocks 27A, 33A and 50A shall have no off-street parking requirement. Additional parking may be provided subject to the limitations of Section 204.5.

   (b)   Location. Required nonresidential off-street parking spaces shall be provided in collective parking facilities as follows:

         Up to 400 spaces within Development Block 35;

         Up to 240 spaces within Development Block 53; and

         At least 225 spaces within Development Blocks 27, 28, 32, 38, 40, 42 and 44.

      Additional permitted parking may be located in collective parking facilities or as provided in Section 159. Pending development of collective facilities, required off-street parking may be provided in surface lots on undeveloped parcels within the Neighborhood Commercial Districts.

   (c)   Short-Term Use. Parking spaces in collective parking structures shall be available to the general public and shall not be assigned to a specific use or uses. Rules shall be established and if fees are charged, a differential rate structure shall be adopted to discourage long-term use and encourage short-term use.

   (a)   Amount. The maximum amount of off-street parking permitted in the MB-O and MB-CI Districts is an amount equal to one space for each 1,000 square feet of gross floor area (as defined in Section 923(b)) of uses permitted in the districts plus one space for each live/work unit excluded from gross floor area pursuant to Section 923(b)(4), except for property zoned MB-CI located east of Owens Street for which the maximum amount of off-street parking shall be equal to 2.5 spaces for each 1,000 square feet of gross floor area. There is no minimum parking requirement.

   (b)   Location. Parking may be located under-ground, in surface lots, above grade in office and commercial-industrial buildings or in above-grade parking structures. Parking in above-grade structures may serve more than one building and may be located anywhere in the same district as the use which it serves. In the MB-O District no more than 55 percent of the off-street parking may be provided above grade. Parking which is below ground level by half a parking level or more shall be excluded from this calculation.

   (c)   Preferential Use. Short-term business visitor parking and vanpool and carpool commuter parking shall be given preference in the use of the off-street parking spaces which are provided pursuant to this Section. This preference shall be implemented in the manner provided in the Parking Management component of the Mission Bay Transportation Management Program, a part of the Mission Bay Plan.

   The number of off-street parking spaces required for various uses permitted in the MB-CF Districts shall be the number of spaces specified for the particular use in Table 151.1 in Section 151.1 of this Code, calculated in the manner provided in Section 153.

   In the MB-OS District there is no off-street parking requirement for recreation uses or for the small scale convenience retail uses in Crescent Park as generally indicated in the Mission Bay Plan. The maximum number of parking spaces for the houseboat community on the southern edge of China Basin Channel shall be fifty spaces, located in accordance with the provisions of Recreation and Open Space Design Guidelines Section 5 (Channel Edge at Houseboats) of the Mission Bay Plan.

   Rules for calculating of required spaces shall be as provided in Section 153 (a)1 - 5 and (b). The minimum dimensions for required off street parking spaces shall be as provided in Section 154 and the general standards for their location and arrangement shall be as provided in subsections (h) through (o) of Section 155, except as otherwise provided in Sections 960 through 967.

   Off-street parking areas in Mission Bay Use Districts shall be screened from view as provided in the Mission Bay Plan. Housing Design Guideline Section 2.14 applies in MB-R districts and Commercial and Industrial Design Guideline Section 2.13 applies in all other districts.

   (a)   Permit Required in MB-O, MC-CI, MB-H, and MB-CF Districts. Off-street freight loading spaces shall be provided in MB-O, MB-CI, MB-H and MB-CF Districts in the minimum quantities specified in the following table, except as otherwise provided in Sections 153(a)6 and 161 of this Code. The measurement of gross floor area shall be as defined in Section 102.9 and Section 953(b), except that non-accessory parking spaces and driveways and their incidental maneuvering areas shall not be counted.

 

   (b)   Amount Required in MB-NC-2 and MB-NC-3 Districts. In order to preserve the continuity of the retail frontage, no off-street freight loading spaces shall be required in the MB-NC-2 and MB-NC-3 Districts. However, if off-street parking facilities to serve a structure or use are provided on site the number of off-street freight loading spaces called for in Table 152 shall also be provided, unless the Zoning Administrator determines that, because of physical constraints, it is not feasible to do so.

   (c)   Dimensions and Location. The minimum dimensions for required off-street freight loading and service vehicle spaces shall be as provided in Section 154 and the general standards for their location and arrangement shall be as provided in Subsection (h) and (k) through (p) of Section 155.

   In the MB-H District, off-street tour bus loading spaces shall be provided for hotel uses in the minimum quantities as follows:

 

 

   (a)   Purposes. These sections 970 through 973 are adopted in recognition of the important function of signs and of the need for their regulation in Mission Bay Use Districts under the Comprehensive Zoning Ordinance of the City and County. In addition to those purposes of the City Planning Code stated in Section 101, it is the further purpose of these provisions to safeguard and enhance property values in residential, commercial and industrial areas; to protect public investment in and the character and dignity of public buildings, open spaces and thoroughfares; to protect the distinctive appearance of San Francisco which is produced by its unique geography, topography, street patterns, skyline and architectural features; to provide a physical environment which will promote the development of business; to encourage sound practices and lessen the objectionable effects of competition in the size and placement of signs; to minimize the impact of signs which are essential to the economic vitality of commercial districts on the livability of residential units in or adjacent commercial districts; to enhance the visual environment by relating the type, quality and size of signs to the scale and character of the districts in which they are located; to reduce hazards to motorists and pedestrians traveling on the public way; and thereby to promote the public health, safety and welfare.

   (b)   Definitions. The definitions of terms contained in Section 602.1 through 602.23 of this Code shall apply to the same terms used in Section 971 through 973.

   (c)   Exempted Signs. The exemptions contained in Section 603 shall apply to the requirements of Sections 971 through 973.

   (d)   Permits Required. Sign permits shall be required as provided in Section 604.

   All applications for permits to erect business signs in MB-CF and MB-OS Districts shall be submitted to the Zoning Administrator for approval or disapproval. The Zoning Administrator, in his/her review, shall take into account the nature of the property and its use, the functional necessity for the sign, the proposed size, location, design and content of the sign, the degree of its harmony with the public purposes of the property and with the surrounding area, and the restrictions of this Code for signs in other districts. No general advertising sign shall be permitted.

   (a)   Signs Permitted. The following types of signs, subject to the limitations prescribed for them, shall be the only signs permitted in MB-R Districts except for signs exempted by Section 603:

      1.   One non-illuminated or indirectly illuminated name plate for each street frontage of the lot, not exceeding a height of 12 feet, and having an area not exceeding one square foot in MB-R-1 and MB-R-2 Districts or two square feet in MB-R-3 Districts.

      2.   One identifying sign for each street frontage of the lot, not exceeding a height of 12 feet, and meeting the following additional requirements:

         (A)   In MB-R-l and MB-R-2 Districts: non-illuminated or indirectly illuminated only; maximum area 12 square feet;

         (B)   In MB-R-3 Districts: maximum area eight square feet if directly illuminated, and 20 square feet if non-illuminated or indirectly illuminated.

      3.   One temporary non-illuminated or indirectly illuminated sale or lease sign for each street frontage of the total parcel involved, not exceeding a height of 24 feet if free standing and not above the roofline if attached to a building, and having an area not exceeding six square feet for each lot or for each 3,000 square feet in such total parcel, whichever ratio permits the larger area, provided that no such sign shall exceed 50 square feet in area and any such sign exceeding 18 square feet in area shall be set back at least 25 feet from all street property lines. Any sale or lease sign shall be removed within seven days following removal of the property from the market.

      4.   Temporary non-illuminated signs of persons and firms connected with work on buildings under actual construction or alteration, giving their names and information pertinent to the project, not exceeding a height of 12 feet, with the combined area of all such signs not to exceed 10 square feet for each street frontage of the project.

      5.   Such business signs of small scale convenience retail uses permitted by Section 906 in MB-R Districts as are permitted by Section 973(b) in MB-NC-2 Districts.

   (b)   Limitations. The following limitations apply to all signs in MB-R Districts:

      1.   No sign shall project beyond a street property line or legislated setback line, or into a required front setback area.

      2.   No sign shall have or consist of any moving, rotating or otherwise animated part, or (if permitted to be illuminated) any flashing, blinking, fluctuating or otherwise animated light.

      3.   No roof sign, wind sign, or general advertising sign shall be permitted.

      4.   No sign shall extend above the roofline of a building to which it is attached, or above a height of 12 feet.

   (a)   Signs or Sign Features Not Permitted. Roof signs, as defined in Section 602.16, wind signs, as defined in Section 602.22, signs on canopies, as defined in Section 136.1(b), and general advertising signs, as defined in Section 602.7 are not permitted in MB-NC, MB-O, MB-CI and MB-H Districts. No sign shall have or consist of any moving, rotating, or otherwise physically animated part, or lights that give the appearance of animation by flashing, blinking, or fluctuating, except as permitted by Section 607.1(i). All signs or sign features not otherwise specifically regulated in this Section 973 shall be prohibited.

   (b)   Signs Permitted. In MB-NC, MB-O, MB-CI and MB-H Districts the following signs other than signs exempted by Section 603, shall be the only signs permitted.

      1.   Identifying Signs.Identifying signs, as defined in Section 602.10, shall be permitted subject to the following limitations.

         A.   One sign per structure shall be permitted and such sign shall not exceed 20 square feet in area.

         B.   The sign may be a freestanding sign, if the building is recessed from the street property line, or may be a wall sign or a projecting sign. The existence of a freestanding identifying sign shall preclude the erection of a freestanding business sign on the same lot.

         C.   A wall or projecting sign shall be mounted on the first story level; a freestanding sign shall not exceed 15 feet in height.

         D.   The sign may be non-illuminated, indirectly illuminated, or directly illuminated.

      2.   Nameplates.One nameplate, as defined in Section 602.11, not exceeding an area of two square feet, shall be permitted for each non-commercial use.

      3.   Business Signs.Business signs, as defined in Section 602.3, shall be permitted subject to the following limitations.

         A.   Business Signs in the MB-NC-2 District.

            (i)   Window Signs. The total area of all window signs, as defined in Section 602.1(b), shall not exceed one-third the area of the window on or in which the signs are located. Such signs may be non-illuminated, indirectly illuminated, or directly illuminated.

            (ii)   Wall Signs. The area of all wall signs shall not exceed two square feet per foot of street frontage occupied by the use measured along the wall to which the signs are attached, or 100 square feet for each street frontage, whichever is less. The height of any wall sign shall not exceed 24 feet, or the height of the wall to which it is attached, or the height of the lowest of any residential window sill on the wall to which the sign is attached, whichever is lower. Such signs may be non-illuminated, indirectly, or directly illuminated.

            (iii)   Projecting Signs. The number of projecting signs shall not exceed one per business. The area of such sign, as defined in Section 602.1(a), shall not exceed 15 square feet. The height of such sign shall not exceed 24 feet, or the height of the wall to which it is attached, or the height of the lowest of any residential window sill on the wall to which the sign is attached, whichever is lower. No part of the sign shall project more than 75 percent of the horizontal distance from the street property line to the curbline, or 6 feet, 6 inches, whichever is less. Such signs may be non-illuminated or indirectly illuminated; or during business hours, may be directly illuminated.

            (iv)   Signs on Awnings and Marquees. Sign copy may be located on permitted awnings or marquees in lieu of projecting signs. The area of such sign copy, as defined in Section 601.1(c), shall not exceed 30 square feet. Such sign copy may be non-illuminated or indirectly illuminated; except that sign copy on marquees for movie theaters or places of entertainment may be directly illuminated during business hours.

            (v)   Freestanding Signs and Sign Towers. One freestanding sign or sign tower per lot shall be permitted in lieu of a projecting sign, if the building or buildings are recessed from the street property line. The existence of a freestanding business sign shall preclude the erection of a freestanding identifying sign on the same lot. The area of such freestanding sign or sign tower, as defined in Section 602.1(a), shall not exceed 20 square feet nor shall the height of the sign exceed 24 feet. No part of the sign shall project more than 75 percent of the horizontal distance from the street property line to the curbline, or six feet, whichever is less. Such signs may be non-illuminated or indirectly illuminated, or, during business hours, may be directly illuminated.

         B.   Business Signs in MB-NC-3, MB-NC-S, MB-O, MB-CI and MB-H Districts. 

            (i)   Window Signs. The total area of all window signs, as defined in Section 602.1(b), shall not exceed one-third the area of the window on or in which the signs are located. Such signs may be non-illuminated, indirectly illuminated, or directly illuminated.

            (ii)   Wall Signs. The area of all wall signs shall not exceed three square feet per foot of street frontage occupied by the use measured along the wall to which the signs are attached, or 150 square feet for each street frontage, whichever is less. The height of any wall sign shall not exceed 24 feet, or the height of the wall to which it is attached, or the height of the lowest of any residential window sill on the wall to which the sign is attached, whichever is lower. Such signs may be non-illuminated, indirectly, or directly illuminated.

            (iii)   Projecting Signs. The number of projecting signs shall not exceed one per business. The area of such sign, as defined in Section 602.1(a), shall not exceed 32 square feet. The height of the sign shall not exceed 24 feet, or the height of the wall to which it is attached, or the height of the lowest of any residential window sill on the wall to which the sign is attached, whichever is lower. No part of the sign shall project more than 75 percent of the horizontal distance from the street property line to the curbline, or six feet six inches, whichever is less. Such signs may be non-illuminated, indirectly, or directly illuminated.

            (iv)   Signs on Awnings and Marquees. Sign copy may be located on permitted awnings or marquees in lieu of projecting signs. The area of such sign copy, as defined in Section 602.1(c), shall not exceed 40 square feet. Such sign copy may be non-illuminated or indirectly illuminated; except that sign copy on marquees for movie theaters or places of entertainment may be directly illuminated during business hours.

            (v)   Freestanding Signs and Sign Towers. With the exception of automotive gas and service stations, which are regulated under Paragraph below, one freestanding sign or sign tower per lot shall be permitted in lieu of a projecting sign, if the building or buildings are recessed from the street property line. The existence of a freestanding business sign shall preclude the erection of a freestanding identifying sign on the same lot. The area of such freestanding sign or sign tower, as defined in Section 602.1(a), shall not exceed 30 square feet nor shall the height of the sign exceed 24 feet. No part of the sign shall project more than 75 percent of the horizontal distance from the street property line to the curbline, or six feet, whichever is less. Such signs may be non-illuminated or indirectly illuminated; or during business hours, may be directly illuminated.

         C.   Special Standards for Automotive Gas and Service Stations in MB-NC-3 and MB-NC-S Districts. For automotive gas and service stations in MB-NC-3 and MB-NC-S Districts only the following signs are permitted, subject to the standards in this Paragraph C and to all other standards in this Section 973.

            (i)   A maximum of two oil company signs, which shall not extend more than 10 feet above the roofline if attached to a building, or exceed the maximum height permitted for freestanding signs in the same district is freestanding. The area of any such sign shall not exceed 180 square feet, and along each street frontage, all parts of such a sign or signs that are within 10 feet of the street property line shall not exceed 80 square feet in area. No such sign shall project more than five feet beyond any street property line. The areas of other permanent and temporary signs as covered in Subparagraph (B) below shall not be included in the calculation of the area specified in this Subparagraph.

            (ii)   Other permanent and temporary business signs, not to exceed 30 square feet in area for each such sign or a total of 180 square feet for all such signs on the premises. No such sign shall extend above the roofline if attached to a building, or in any case project beyond any street property line or building setback line.

         D.   Special Standards for Visual Accent Signs. In order to create visual interest, variety, and distinctive character in Mission Bay Commercial Districts the Zoning Administrator may allow visual accent signs in MB-NC-2, MB-NC-3, MB-NC-S, MB-NC-S, MB-O, MB-CI and MB-H Districts. Visual accent signs are business or identifying signs in the form of projecting signs which are larger in square footage and higher in height than would normally be permitted under the limitations of this Section 970. A visual accent sign shall meet the following standards:

            (i)   The sign does not exceed 40 square feet in area and 20 feet in height in MB-NC-2 Districts and 48 square feet in area and 30 feet in height in MB-NC-3, MB-NC-S, MB-O, MB-CI and MB-H Districts without regard to the height of the wall or the lowest residential window sill on the wall to which the sign is attached.

            (ii)   Such signs are a minimum of 200 feet apart.

            (iii)   The sign is distinctive and attractive in its design and use of materials and will make an important contribution to the visual quality and character of the street.

            (iv)   To the maximum extent practicable given the specific uses on the street frontage, the sign identifies major destination points or places of public assembly such as theaters and cultural centers or public or quasi-public facilities such as parking garages.

            (v)   The sign identifies the name of the business, service or other activity offered or conducted on premises or the generic type of commodities sold on the premises, rather than the specific brand names or symbol of commodities sold on premises.

   (a)   Except as provided in Subsection (b) below, the provisions of Planning Code Sections 163, 164 and 165 shall apply in MB-O and MB-CI Districts with regard to any new building, addition or conversion where the added floor area of office use equals at least 100,000 of gross square feet.

   (b)   Sections 163, 164, and 165 shall not apply to any new building, addition or conversion for which a building permit is issued while the Mission Bay Development Agreement, as defined in Section 996(b)(5), is in effect, except to the extent contemplated in the Development Agreement and its related documents.

   Sections 320-322 apply to office development in Mission Bay Use Districts except as such development may be exempted by duly adopted ballot measure.

   Article 10 applies in the Mission Bay Use Districts.

   (a)   General. The provisions of Section 180 apply to nonconforming uses and noncomplying structures in Mission Bay Use Districts which uses or structures existed lawfully at the effective date of the adoption of this Article 9, but which fail to conform to the regulations of this Article 9.

   (b)   Enlargements, Alterations and Reconstructions. In the Mission Bay Use Districts, a nonconforming use, and any structure occupied by such use, shall not be significantly enlarged, intensified, extended, or moved to another location, unless the result will be the elimination of the nonconforming use, except as provided in this Section 983(b). A nonconforming use, and any structure occupied by such use may be significantly enlarged, intensified, extended or expanded, provided that such enlargement, intensification, extension or expansion is approved by the Zoning Administrator under the procedures for notice and hearing applicable to variances as set forth in Section 305, including notice to the owner of the fee title to the affected property, upon a determination that such enlargement, intensification, extension or expansion is consistent with the implementation provisions of the Mission Bay Plan and will not impede the orderly development of Mission Bay as contemplated in the Mission Bay Plan and the Mission Bay Development Agreement. Any such enlargement, intensification, extension or expansion shall not exceed 25 feet in height and shall comply with requirements that would apply if the use in question was located within an M-1 Use District. Notwithstanding any such enlargement, intensification, extension or expansion, the provisions of Section 983(e) shall continue to apply to such nonconforming use, or structure occupied by such use, including such enlargement, intensification, extension or expansion. In addition, the provisions of Section 181(b) and (d) and Section 188 shall apply in Mission Bay Use Districts; provided, however, that, notwithstanding any restoration pursuant to Section 181(d), the provisions of Section 983(e) shall continue to apply.

   (c)   Changes of Use. The provisions of Section 182(a) and (b) shall apply in Mission Bay Use Districts, provided that, notwithstanding any change in use permitted under Section 182(b), the provisions of Section 983(e) shall continue to apply.

   (d)   Discontinuance and Abatement. The provisions of Section 183 shall apply in Mission Bay Use Districts.

   (e)   Termination. Nonconforming uses in Mission Bay Use Districts shall be terminated as provided in this Subsection.

      (1)   Purpose. The purpose of this Subsection is to provide for the gradual elimination or conversion, after a reasonable allowance of time for the amortization of investments therein, of nonconforming uses in buildings and nonconforming uses of land in order to encourage and promote the orderly and beneficial development of the land and buildings with conforming uses. This subsection is intended to apply to land and buildings whose use is at variance with the regulations of this Article, and is safeguarded against unnecessary hardship in application by provision for continuance for a minimum period of 10 years, by procedures for extension and by the requirement of notice. It is further declared that the requirement of eventual removal, or conversion to conforming use, of such buildings and land subject to the exceptions set forth, is in the public interest and is intended to promote the general welfare.

      (2)   Application. This subsection shall apply to nonconforming uses occupying buildings and to non-conforming uses of land whether or not an enclosed building located on the same lot is involved in such use, when such uses would not be permitted as a principal or conditional use in the Mission Bay Use District in which the use is located.

      (3)   Amortization Period. Every such building and use to which this Section applies may be continued in such use for at least 10 years from the effective date of this Section, and for fully enclosed warehouse buildings east of Third Street such use may continue for an additional period of at least 25 years after the expiration of the initial 10-year period, and in either case for such additional periods as may be permitted by an extension or extensions granted pursuant to Subsection (e)(4) below.

      (4)   Extensions. An extension of time may be granted, in accordance with the procedures for notice and hearing applicable to variances as provided in Section 305, including notice to the owner of the fee title to the affected property if the Zoning Administrator determines that either (i) special circumstances apply to any such building or use which do not apply generally to other affected buildings and uses or (ii) an extension will not impede the orderly development of Mission Bay as contemplated in the Mission Bay Plan and Mission Bay Development Agreement. In considering an application for extension of an industrial use served by a rail freight spur track, consideration shall be given to the necessity for granting an extension of such rail freight spur track use. No extension shall be for a period in excess of two years. Successive extensions, subject to the same limitations, may be granted upon new application.

      (5)   Removal or Alteration and Conversion. Upon the expiration of the amortization period and any extension or extensions granted pursuant to Subsection (e)(4), the use or buildings shall be completely removed or altered and converted to a conforming use provided, however, that if the termination of the use of any Public Transportation Facility requires the approval of any State or federal commission, or agency under any applicable State or federal law or regulation, the nonconforming use of such facility may continue until all such required approvals have been obtained. Nothing herein shall require the development of the minimum number of dwelling units required under Section 920, until such time as a parcel is developed in accordance with this Article 9.

      (6)   Notice. The Zoning Administrator shall give notice by mail of the date of expiration of the periods of permitted continuance specified herein to each owner of record within one year of the effective date of this Section. A final notice shall be given one year before said date of expiration in each instance. The notices shall set forth all pertinent provisions of this Section, including the declared purpose thereof. Failure to send notice by mail to any such owner where the address of such owner is not a matter of public record, or where no Permit of Occupancy for a nonconforming use covered by this Section has been issued as provided in Section 171 of this Code, shall not invalidate any proceedings under this Section.

   The provisions of Section 178 shall apply to conditional uses in Mission Bay Use Districts. The references in Section 178 to uses listed in Articles 2, 7 or 8 of this Code shall be deemed to refer to uses listed in Article 9.

   (a)   Temporary Uses in General. The temporary uses listed in this Section, where not otherwise permitted in a Mission Bay Use District, may be authorized by the Zoning Administrator as provided herein, up to the time limits indicated. Such uses may be authorized without a public hearing. Extensions of time for uses listed herein may be authorized in the same manner as the initial use.

   (b)   Temporary Uses: 60 Day Limit. The following uses, may be authorized for a period not to exceed 60 days:

      1.   Exhibition, celebration, festival, circus, or neighborhood carnival;

      2.   Booth for charitable, patriotic or welfare purposes;

      3.   Open air sale of agriculturally-produced seasonal decorations including, but not necessarily limited to, Christmas trees and Halloween pumpkins;

      4.   Parking which is accessory to the uses listed in this Subsection.

   (c)   Temporary Uses: One to Five Year Limit. Temporary uses authorized pursuant to this Subsection shall not exceed an initial approval period of up to five years. Extensions of this approval period may be authorized by the Zoning Administrator in increments of up to five year periods if the authorized use is consistent with the objectives and policies in the Mission Bay Plan. The following uses may be authorized as temporary uses:

      1.   Temporary structures and uses incidental to the construction of a building or a group of buildings, including but not limited to construction staging of materials and equipment;

      2.   Rental or sales office incidental to a new development, provided that it be located in the development project or a temporary structure; and

      3.   Structures and uses incidental to environmental cleanup and staging;

      4.   Parking which is accessory to the uses listed in this Subsection.

   (d)   Other Temporary Uses. Any other use which is not listed in Subsection (b) or (c) but which is permitted in a M-1 Zoning District may be permitted as a temporary use for a time period to be determined by the Zoning Administrator not to exceed 10 years, upon the determination by the Zoning Administrator that the authorized use is consistent with the Master Plan, including the objectives, policies and phasing principles of the Mission Bay Plan.

   No use in Mission Bay Use Districts will be considered accessory to a principal or conditional use which involves or requires any of the following:

   1.   An amount which exceeds the limitations set forth in Sections 204.1 (applicable in MB-R and MB-NC Districts).

   2.   An amount which exceeds the limitations on parking and loading as provided in Sections 960 through 967.

   3.   The use of more than one-third of the total floor area occupied by both the accessory use and the principal or conditional use to which it is accessory, combined, except in the case of accessory off-street parking and loading.

   4.   Any bar, restaurant, other entertainment, or any retail establishment which serves liquor for consumption on-site;

   5.   Any take-out food use, as defined in Section 790.122, except for: (a) a take-out food use which occupies 100 square feet or less (including the area devoted to food preparation and service and excluding storage and waiting areas) in a retail grocery or specialty food store; (b) a take out food use operating as a minor and incidental use within a full service restaurant; or (c) a take out food use which is, by definition, part of the operation of a fast food or self service restaurant.

   6.   The wholesaling, manufacturing or processing of foods, goods, or commodities on the premises of an establishment which does not also provide for primarily retail sale of such foods, goods or commodities at the same location where such wholesaling, manufacturing or processing takes place.

   The provisions of Section 176 regarding enforcement against violations of the Planning Code shall apply in Mission Bay Use Districts.

   The provisions of Section 175 regarding approval of permits by the Department of City Planning shall apply in Mission Bay Use Districts.

   The following Sections regarding the applicability of and compliance with requirements of the Planning Code and with conditions, stipulations and special restrictions imposed pursuant to the Planning Code apply in Mission Bay Use Districts:

 

 

   Subject to the limitations of the Mission Bay Development Agreement, the following Sections of Article 3 of this Code regarding zoning procedures apply in Mission Bay Use Districts:

 

   Subject to the limitations of the Mission Bay Development Agreement, the following Sections of Article 3.5 regarding fees apply in Mission Bay Use Districts.

 

   (b)   Definition of Terms Used only in Article 9. This subsection (b) provides definitions for certain terms which are used in this Article 9 and not elsewhere in this Code, as follows.

      (1)   Development Block. Development block refers to the preliminary division of property in Mission Bay districts as shown on Figure 1. The development blocks may be reconfigured and redivided as part of the formal subdivision of property, which occurs from time to time, pursuant to the provisions of the Subdivision Code.

       (1-a)   Family Day Care. Family day care means child care services provided in a private residence in a manner which does not require a license under State law.

      (2)   Houseboat Community. The houseboat community is a group of 55 houseboats and pleasure boats moored in the southwestern portion of China Basin Channel under a lease with the Port of San Francisco.

      (3)   Live/Work Unit (Any Permitted Work Activity). Live/work unit (any permitted work activity) means a Live/Work Use, as defined in Section 102, in which the Non-Residential Use or Uses are limited to Uses in this district which are Principally Permitted Uses or are Conditional Uses and approved as Conditional Uses.

      (4)   Mid-block Lane. A mid-block lane is an Alley as defined in Section 102 which meets the design and location standards established in the Mission Bay Plan.

      (5)   Mid-block Park. A midblock park is an area of usable public open space within a block bounded by public streets which meets the design and location standards in the Housing and Open Space Design Guidelines of the Mission Bay Plan.

      (6)   Mission Bay Development Agreement. The Mission Bay Development Agreement refers to the agreement between Catellus Development Company and the City and County of San Francisco dated (insert date), 1990, as amended from time to time.

      (7)   Park Pathway. A park pathway is a park-like strip which meets the design and location standards established in Recreation and Open Space Design Guidelines in the Mission Bay Plan.

      (8)   Perimeter Dwelling Unit. A perimeter dwelling unit is a dwelling unit which (i) is located at the lowest story of a building which is entirely above grade, (ii) faces a street or mid block lane and (iii) abuts and screens the parking serving uses in the building in which the unit is located.

      (9)   Small Scale Convenience Retail Uses. Small scale convenience retail uses are retail uses on the ground story of a residential structure which are oriented primarily to a walk-in trade and are intended to provide a limited range of convenience retail goods and services to meet the frequent and recurring needs of nearby residents and users of adjacent open spaces. Such uses are permitted around the perimeter of the MB-R Districts, generally near public open spaces in location generally indicated, for illustrative purposes only, in Figure 14 in the Mission Bay Plan.

      (10)   Single Development Project. A single development project refers to development of more than one development block or lot for which complete building permit applications for all of the units authorized for such blocks or lots were filed at the same time by the same person or entity.

      (11)   Story. A Story is as defined in Section 102 except that parking which is depressed one-half level below grade shall not be considered to constitute a story.

      (12)   Public Transportation Facility. “Public Transportation Facility” shall mean: (A) all rail transportation facilities, including without limitation, passenger terminal facilities, freight facilities, rail rights-of-way, railroad easements, main line corridors, drill tracks, spur tracks, and other railroad, communication, and transportation facilities ancillary thereto, whether publicly or privately owned, operated, or licensed by, among others, Southern Pacific Transportation Company, the Department of Transportation of the State of California, the Peninsula Corridor Study Joint Powers Board, and any successors and assigns (collectively, the “Operators”), which lawfully exist as of the Effective Date of Ordinance No. 63-91 (this ordinance), as well as future modifications which may be required by law or are otherwise deemed necessary or desirable by the owner/operator due to a change in rail transportation use, technology, or method of operation, provided that any new buildings or substantial additions to existing buildings accessory to such future rail transportation facilities uses shall not be included within the meaning of this term; and (B) all Municipal Railway facilities, when in conformity with the General Plan.

   The provisions of Section 109 apply to this Article 9.