SEC. 135.3. USABLE OPEN SPACE FOR NON-RESIDENTIAL USES IN THE EASTERN NEIGHBORHOODS…

(See Interpretations related to this Section.)

(a) Amount of Open Space Required. All newly constructed structures, all structures to which Gross Floor Area equal to 20% or more of existing Gross Floor Area is added, and all structures in the Eastern Neighborhoods Mixed Use Districts within which floor area is converted to Office Use other than office use accessory to a non-office use shall provide and maintain usable open space for that part of the new, additional or converted square footage which is not subject to Sections 135.1 and 135.2 as follows: TABLE 135.3

MINIMUM USABLE OPEN SPACE REQUIREMENTS FOR NON-RESIDENTIAL USES IN THE EASTERN NEIGHBORHOODS MIXED USE AND DTR DISTRICTS

(1) Open space shall be provided for uses not listed in this subsection and Table (other than live/work units, dwelling units and group housing whose open space requirements are specified in Sections 135 and 135.2 of this Code), in the amount required for the listed use determined by the Zoning Administrator to be most similar to the unlisted use in question. Private or public parking structures and change of use or additions to an existing structure which are limited to uses operating solely during nighttime hours and for which public access to open space cannot feasibly be provided during daytime hours pursuant to Subsection (c)(4), shall be exempt from this open space requirement.

(2) Eastern Neighborhoods Mixed Use Districts. In the Eastern Neighborhoods Mixed Use Districts, the open space requirements of this Section 135.3 may be fulfilled by providing privately-owned public open space. Such open space is subject to the following:

(A) The amount of open space required pursuant to Table 135.3 may be reduced by 33% if it is publicly accessible usable open space.

(B) Publicly accessible usable open space is required to meet all requirements specified in Section 135(h) of this Code.

(C) Up to 50% of the publicly accessible open space may be provided off-site, subject to Section 329 for projects to which that Section applies and Section 307(h) for other projects. Any such space shall meet the publicly accessible open space standards set forth in Section 135(h) and be provided within 800 feet of the project. The publicly accessible off-site usable open space shall be constructed, completed, and ready for use no later than the project itself, and shall receive its Certificate of Final Completion from the Department of Building Inspection prior to the issuance of any Certificate of Final Completion or Temporary Certificate of Occupancy for the project itself. This subsection (C) shall not apply to projects in the Central SoMa Special Use District, and instead such projects shall comply with Section 138.

(3) Central SoMa SUD. This Section 135.3 shall not apply to projects subject to the privately-owned public open space requirement pursuant to Section 138 (a)(2).

(4) DTR Districts. In DTR Districts, the open space requirements of this Section may be fulfilled by providing privately-owned public open space and shall be subject to the following:

(A) Such open space shall meet all requirements specified in Section 135(h) of this Code.

(B) Up to 50 percent of required open space may be provided off-site per the procedures of Section 309.1 if it is within the individual DTR district of the project or within 500 feet of any boundary of the individual DTR district of the project.

(b)1 Permitted Obstructions. In addition to those specified in Section 136, permitted obstructions for open space required under this Section shall include small-scale pedestrian-oriented convenience establishments and resources such as movable beverage and/or food stands, outdoor cafes, toilets, newsstands, or flower stands provided that all such activities along with other permitted obstructions combined do not exceed 20 percent of the total usable open space requirement.

(c) Costs and Restrictions. All costs of the open space, including without limitation those associated with design, development, liability insurance, regular maintenance, and safe operation of this open space, shall be borne by the property owner. Liability insurance satisfactory to the City Attorney, naming the City and County of San Francisco and its officers and employees as additional insureds, shall be provided for all such spaces. The property owner shall record with the County Recorder a special restriction on the property satisfactory in substance to the Department 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.

(d) A sign satisfying the requirements of Section 603(k) shall be prominently posted at the entrance to the open space area declaring that the area is open to the public.

(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 use 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 complete.

(Added by Ord. 115-90, App. 4/6/90; Ord. 298-08, File No. 081153, App. 12/19/2008; renumbered by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 228-12 , File No. 120220, App. 11/14/2012, Eff. 12/14/2012; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023) AMENDMENT HISTORY

Section header and divisions (a)(2), (a)(2)(B), (a)(2)(C), (a)(3), and (a)(3)(A) amended; former divisions (a)(3)(C), (b), (d), and (e) deleted; former divisions (c), (f), (g), and (h) redesignated as divisions (b)1 through (e); Ord. 228-12 , Eff. 12/14/2012. Section header, divisions (a), (a)(2), (a)(2)(A) and (C), and Table 135.3 amended; division (a)(3) added; former division (a)(3) redesignated as division (a)(4); Ord. 296-18 , Eff. 1/12/2019. Section header, division (a), and Table 135.3 amended; Ord. 70-23 , Eff. 6/3/2023.

CODIFICATION NOTE

1. The designation of divisions (b) through (e) was corrected by the codifier.

Editor's Note:

Former divisions (e) and (f) of this section were redesignated as new Sections 425 and 426 by Ord. 108-10.