San Francisco Planning Code Art. 1.2 Dimensions, Areas, and Open Spaces

ARTICLE 1.2: DIMENSIONS, AREAS, AND OPEN SPACES

(The diagrams in this Article are illustrative only, and not a part of the adopted ordinance.)

(See Interpretations related to this Section.)

The following requirements for minimum lot width and area shall apply to all properties in the City, regardless of the use of the property, regardless of the zoning district in which the property is located, and regardless of whether the ownership or use is public or private. The provisions of Article 1.7 of this Code, and especially Sections 173, 180 and 189 thereof, shall also be applicable with respect to lot width and area.

(a) Frontage. Every newly created lot shall have and maintain frontage on a public street or alley as defined by this Code, or on some other permanent right-of-way from which there shall be vehicular access to such lot, and in each case such frontage shall have a minimum width of 16 feet. Where an existing lot of record does not have such frontage, but has other access from a street or alley, such other access shall be maintained for such lot.

(b) Subdivisions and Lot Splits. Subdivisions and lot splits shall be governed by the Subdivision Code of the City and County of San Francisco and by the Subdivision Map Act of California. In all such cases the procedures and requirements of said Code and said Act shall be followed, including the requirement for consistency with the General Plan of the City and County of San Francisco.

(c) Measurement. The lot width shall be measured as a horizontal distance between the side lot lines. The lot area shall be measured as a horizontal plane enclosed by the lot lines. Where a lot is not in the form of an ordinary rectangle, the specified minimum lot width shall be maintained for a sufficient depth on the lot to enable the minimum lot area requirement to be satisfied within the portion of the lot having such minimum lot width.

(d) Minimum Lot Width. The minimum lot width shall be 20 feet.:1

(e) Minimum Lot Area. The minimum lot area shall be 1,200 sq. ft.

(Added by Ord. 381-79, App. 7/13/79; amended by Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024)

AMENDMENT HISTORY

Division (b) amended; Ord. 188-15 , Eff. 12/4/2015. Divisions (b), (d), and (e) amended; divisions (d)(1)-(2), (e)(1)-(2), and (f) deleted; Ord. 248-23, Eff. 1/14/2024.

CODIFICATION NOTE

1. So in Ord. 248-23

Buildings and structures shall be subject to the height and bulk limits established by Article 2.5 of this Code for use districts and for height and bulk districts.

(Amended by Ord. 443-78, App. 10/6/78)

(a) The limits upon the floor area ratio of buildings, as defined by this Code, shall be as stated in this Section and Sections 124 through 128.1. The maximum floor area ratio for any building or development shall be equal to the sum of the basic floor area ratio for the district, as set forth in Section 124, plus any premiums and floor area transfers which are applicable to such building or development under Sections 125, 127, 128 and 128.1 and as restricted by the provisions of Sections 123(c) and (d) and 124(b) and (j).

(b) No building or structure or part thereof shall be permitted to exceed, except as stated in Sections 172 and 188 of this Code, the floor area ratio limits herein set forth for the district in which it is located.

(c) In the C-3 Districts, the amount of TDR that may be transferred to a development lot, as allowed by Section 128, is limited as follows:

(1) The gross floor area of a structure on a lot in the C-3-O District may not exceed a floor area ratio of 18 to 1;

(2) The gross floor area of a structure on a lot in the C-3-R, C-3-G and C-3-S Districts may not exceed a floor area ratio that is 1½ times the basic floor area limit for the district as provided in Section 124. This section shall not apply to the C-3-S (SU) District.

(d) The gross floor area of a structure on a lot on which is or has been located a Significant or Contributory Building may not exceed the basic floor area ratio limits stated in Section 124 except as provided in Sections 128(c)(2) and 124(f). (e) C-3-O(SD) District. To exceed the basic floor area ratio limit of 6.0:1 up to a ratio of 9.0:1, TDR must be transferred to the development lot as described in Section 128 . The use of TDR to exceed a floor area ratio of 9.0:1 shall not be allowed in the C-3-O(SD) district. In order to exceed a floor area ratio of 9.0:1, all projects must participate in the Transit Center District Mello-Roos Community Facilities District as described in Section 424.8. The gross floor area of a structure on a lot in the C-3-O(SD) District shall not otherwise be limited.

(f) A project subject to the TDR requirements of Section 249.78 is subject to the floor area ratio restrictions contained in that Section.

(Amended by Ord. 414-85, App. 9/17/85; Ord. 275-03, File No. 021577, App. 12/10/2003; Ord. 87-07, File No. 061688, App. 4/27/2007; Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

AMENDMENT HISTORY

Division (c)(1) amended; division (e) added; Ord. 182-12 , Eff. 9/7/2012. Divisions (a) and (c) amended; division (f) added; Ord. 296-18, Eff. 1/12/2019.

(See Interpretations related to this Section.)

(a) Except as otherwise provided in provided in1 this Section 124, the basic Floor Area Ratio limits specified in the Zoning Control Table for the district in which the lot is located, or in Table 124 below, shall apply to each building or development in the districts indicated.

TABLE 124

BASIC FLOOR AREA RATIO LIMITS

(b) In R, RC, NC, and Mixed Use Districts, Floor Area Ratio limits shall not apply to Residential Uses. However, projects proposing new construction of a Dwelling Unit that would exceed the maximum dwelling unit size described in Section 207.10 may require Conditional Use authorization by the Planning Commission as set forth in Section 207.10. In Chinatown Mixed Use Districts, the above floor area ratio limits shall not apply to institutions, and mezzanine commercial space shall not be calculated as part of the floor area ratio.

(c) In a C-2 District the basic floor area ratio limit shall be 4.8 to 1 for a lot which is nearer to an RM-4 or RC-4

District than to any other R District, and 10.0 to 1 for a lot which is nearer to a C-3 District than to any R District. The distance to the nearest R District or C-3 District shall be measured from the midpoint of the front line, or from a point directly across the street therefrom, whichever gives the greatest ratio.

(d) In the Van Ness Special Use District, as described in Section 243 of this Code, the basic floor area ratio limit shall be 7.0 to 1 where the height limit is 130 feet and at the hospital site within the Van Ness Medical Use Subdistrict, and 4.8 to 1 where the height limit is 80 feet. Within the Van Ness Medical Use Subdistrict, the basic floor area ratio limit shall be 7.5 to 1 for a medical office building, subject to Conditional Use Authorization for a hospital, medical center or other medical institution.

(e) In the Waterfront Special Use Districts, as described in Sections 240 through 240.3 of this Code, the basic floor area ratio limit in any C District shall be 5.0 to 1.

(f) For buildings in C-3-G and C-3-S Districts, other than those designated as Significant or Contributory pursuant to Article 11 of this Code, additional square footage above that permitted by the base floor area ratio limits set forth above may be approved for construction of dwellings on the site of the building affordable for the Life of the Project, as defined in Section 401, to households whose incomes are within 150 percent of AMI, as defined in Section 401, for ownership

units and up to 120% of AMI for rental units, in accordance with the conditional use procedures and criteria as provided in Section 303 of this Code. For buildings in the C-3-G District designated as Significant or Contributory pursuant to Article 11 of this Code, additional square footage above that permitted by the base floor area ratio limits set forth above up to the Gross Floor Area of the existing building may be approved, in accordance with the conditional use procedures and criteria as provided in Section 303 of this Code, where: (1) TDRs (as defined by Section 128(a)(5)) were transferred from the lot containing the Significant or Contributory building prior to the effective date of the amendment to Section 124(f) adding this paragraph when the floor area transferred was occupied by a non profit corporation or institution meeting the requirements for exclusion from Gross Floor Area calculation; (2) the additional square footage includes only the amount necessary to accommodate dwelling units and/or group housing units that are affordable for the Life of the Project to households whose incomes are within 60 percent of AMI as defined herein together with any social, educational, and health service space accessory to such units; and (3) the proposed change in use to dwelling units and accessory space and any construction associated therewith, if it requires any alternation to the exterior or other character defining features of the Significant or Contributory Building, is undertaken pursuant to the duly approved Permit to Alter, pursuant to Section 1110, provided, however, that the procedures otherwise required for a Major Alteration as set forth in Sections 1111.4 and 1111.5 and shall be deemed applicable to any such Permit to Alter.

(1) Any dwelling approved for construction under this provision shall be deemed a "Designated Unit" as defined below. Prior to the issuance by the Director of the Department of Building Inspection ("Director of Building Inspection") of a First Construction Document to construct any Designated Unit subject to this Section, the permit applicant shall notify the Director of Planning and the Director of MOHCD in writing whether the Designated Unit will be an owned or rental unit as defined in Section 401 of this Code.

(2) Unless specifically stated in this Section 124(f), each designated unit shall be subject to the provisions of Section 415 of this Code. For purposes of this Subsection and the application of Section 415 of this Code to Designated Units constructed pursuant to this Subsection, the definitions set forth in Section 401 of this Code shall apply.

(3) Except as specifically specified herein, Designated Units shall meet all of the procedures, pricing methodology, monitoring obligations and other requirements of the Inclusionary Housing Procedures Manual and either:

(A) Be used to satisfy the requirements of the Inclusionary Affordable Housing Program, Section 415 et seq. , and meet all of the requirements of that Program, including the income limits specified therein; or

(B) Meet the requirements of this subsection (f), including the income limits specified, and be family sized, meaning that each Designated Unit contains at least 2 or 3 bedrooms. In the event that the Designated Unit is not also an On- or Off-site Unit under Section 415, Designated Units shall not be used to determine the required unit size mix for purposes of the Inclusionary Affordable Housing Program.

(4) MOHCD shall update its Procedures Manual if necessary to include any specific provisions related to Designated Units.

(5) Affordable unit gross square footage which is exempted per this section for FAR shall not be exempted for impact fees that are levied on a gross square foot or FAR basis.

(g) The allowable Gross Floor Area on a lot which is the site of an unlawfully demolished building that is governed by the provisions of Article 11 shall be the Gross Floor Area of the demolished building for the period of time set forth in, and in accordance with the provisions of, Section 1116 of this Code, but not to exceed the basic floor area permitted by this Section.

(h) In calculating the permitted floor area of a new structure in a C-3 District, the lot on which an existing structure is located may not be included unless the existing structure and the new structure are made part of a single development complex, the existing structure is or is made architecturally compatible with the new structure, and, if the existing structure is in a Conservation District, the existing structure meets or is made to meet the standards of Section 1109(c), and the existing structure meets or is reinforced to meet the standards for seismic loads and forces of the Building Code. Determinations under this Paragraph shall be made in accordance with the provisions of Section 309.

(i) In calculating allowable Gross Floor Area on a preservation lot from which any TDRs have been transferred pursuant to Section 128, the amount allowed herein shall be decreased by the amount of gross floor area transferred.

(j) For buildings in C-3-G and C-3-S Districts that are not designated as Significant or Contributory pursuant to Article 11 of this Code, additional square footage above that permitted by the base floor area ratio limits set forth above may be approved for construction of a project, or portion thereof, that constitutes a Student Housing project, as defined in Section 102 of this Code. Such approval shall be subject to the conditional use procedures and criteria in Section 303 of this Code.

(k) In the Cesar Chavez/Valencia Streets Medical Use Special Use District, as described in Section 249.68 of this Code, the basic floor area ratio limit shall be 2.6 to 1, subject to Conditional Use Authorization of a Hospital.

(l) For PDR-1-B, PDR-1-D, PDR-1-G and PDR-2 Districts see Table 210.3.

(m) Floor Area Ratio limits shall not apply to any new Gross Floor Area created in a C-3 District through a change of use on the ground floor of space that was devoted to uses previously excluded from Gross Floor Area per Section 102. (Amended by Ord. 414-85, App. 9/17/85; Ord. 69-87, App. 3/13/87; Ord. 131-87, App. 4/24/87; Ord. 445-87, App. 11/12/87; Ord. 537-88, App. 12/16/88; Ord. 115-90, App. 4/6/90; Ord. 15-98, App. 1/16/98; Ord. 262-00, File No. 001426, App. 11/17/2000; Ord. 275-03, File no. 021577, App. 12/10/2003; Ord. 87-07, File No. 061688, App. 4/27/2007; Ord. 7208, File No. 071157, App. 4/3/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 61-09, File No. 090181, App. 4/17/2009; Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011; Ord. 35-12 , File No. 111305, App. 2/21/2012, Eff. 3/22/2012; Ord. 188-12 , File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 131-13 , File No. 120357, App. 7/11/2013, Eff. 8/10/2013, Oper. 9/9/2013; Ord. 132-13 , File No. 120358, App. 7/11/2013, Eff. 8/10/2013, Oper. 9/9/2013; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 164-15 , File No. 150348, App. 9/23/2015, Eff. 10/23/2015, Retro. 5/20/2015; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 26-18, File No. 171193, App. 2/23/2018, Eff. 3/26/2018; 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; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 124-25, File No. 250542, App. 8/1/2025, Eff. 9/1/2025; Ord. 245- 25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

AMENDMENT HISTORY

Divisions (b), (d), (f), (f)(1), and (f)(3) amended; Ord. 63-11, Eff. 5/7/2011. [Former] Table 124 amended; Ord. 35-12 , Eff. 3/22/2012. Division (k) added; Ord. 188-12 , Eff. 10/11/2012. [Former] Table 124 amended; Ord. 42-13 , Eff. 4/27/2013. Division (d) amended; Ord. 131-13 , Oper. 9/9/2013. Division (a) amended; division (l) added; Ord. 132-13 , Oper. 9/9/2013. Division (a) amended and former Table 124 deleted; divisions (f), (g), (h), (j), (k), and (l) amended; Ord. 22-15, Eff. 3/22/2015. Divisions (f)-(f)(3) amended; new divisions (f)(4) and (5) added; Ord. 164-15 , Eff. 10/23/2015. Division (a) amended; new Table 124 added; Ord. 188-15 , Eff. 12/4/2015. Division (f)(1) amended; Ord. 26-18, Eff. 3/26/2018. Division (a), Table 124, and divisions (j)-(j)(1) amended; Ord. 296-18, Eff. 1/12/2019. Division (i) amended; divisions (j)-(j)(2) deleted; divisions (k) and (l) redesignated as (j) and (k); Ord. 70-23, Eff. 6/3/2023. Table 124 amended; division (l) added; Ord. 33-24, Eff. 3/23/2024. Division (a) amended; division (m) added; Ord. 124-25, Eff. 9/1/2025. Table 124 and division (b) amended; Ord. 245-25, Eff. 1/12/2026. CODIFICATION NOTE

1. So in Ord. 124-25.

Editor's Note:

Ordinance 155-15 (File No. 150348, App. 8/6/2015, Eff. 9/5/2015) purported to amend this section. At the direction of the Office of the City Attorney, Ord. 155-15 was never codified (and accordingly is not referenced in the history notes above). Its provisions effectively were superseded by Ord. 164-15 (File No. 150348, App. 9/23/2015, Eff. 10/23/2015, Retro. 5/20/2015).

In any district other than an NC, C-3, or Mixed Use District in which a floor area ratio limit applies, the following premiums, where applicable, may be added to the basic floor area ratio limit to determine the maximum floor area ratio for a building or development:

(a) For a lot or portion thereof which is defined by this Code as a corner lot, a floor area premium may be added by increasing the area of the lot or portion, for purposes of floor area computation, by 25 percent;

(b) For a lot or portion thereof which is defined by this Code as an interior lot, and which abuts along its rear lot line upon a street or alley, a floor area premium may be added by increasing the depth of the lot or portion along such street or alley, for purposes of floor area ratio computation, by one-half the width of such street or alley or 10 feet, whichever is the lesser.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 131-87, App. 4/24/87)

(a) When Allowed. The maximum permitted Gross Floor Area for any building or development on a lot may be increased by transfer to such lot of basic Gross Floor Area that is permitted in the Zoning Control Table for the district in which the lot is located but unbuilt upon an adjacent lot that is occupied by an historical, architectural or aesthetic

landmark that has been so designated by the Board of Supervisors pursuant to Article 10 of this Code. For the purposes of this Section, an "adjacent lot" is one that either abuts for a distance not less than 25 feet along a side or rear lot line of the lot to which the basic gross floor area transfer is made (hereinafter referred to as the "transferee lot"), or would so abut for such a distance if not separated solely by a street or an alley.

(b) Amount of TDR Available for Transfer. The maximum TDR available for transfer from a Transfer Lot consists of the difference between (1) the allowable gross floor area permitted on the Transfer Lot by Section 124 and (2) the gross floor area of the development located on the Transfer Lot.

(c) Eligibility of Development Lots and Limitation on Use of TDR on Development Lots. TDR may be used to increase the allowable Gross Floor Area of a development on a Development Lot if the following requirements and restrictions are satisfied:

• (1) Transfer of Development Rights shall be limited to the following:

• (A) The Transfer Lot and the Development Lot are located in a C-3 Zoning District; or

• (B) the Transfer Lot contains a Significant building and is located in the South of Market Extended Preservation District, as set forth in Section 819, and the Development Lot is located in a C-3 District; or

• (C) the Transfer Lot is in a P District adjacent to a C-3 District and meets the requirements established in subsection (a)(4) above and the Development Lot is located in a C-3 District; or

(D) the Transfer Lot is located in any C-3 District and contains an individual landmark designated pursuant to Article 10 and the Development Lot is located in any C-3 District.

(2) TDR may not be transferred for use on any lot on which is or has been located a Significant or Contributory building; provided that this restriction shall not apply if the designation of a building is changed to Unrated; nor shall it apply if the Historic Preservation Commission finds that the additional space resulting from the transfer of TDR is essential to make economically feasible the reinforcement of a Significant or Contributory building to meet the standards for seismic loads and forces of the Building Code, in which case TDR may be transferred for that purpose subject to the limitations of this Section and Article 11, including Section 1111.6. Any alteration shall be governed by the requirements of Sections 1111 to 1111.6.

(3) Notwithstanding any other provision of this Section, development on a Development Lot is limited by the provisions of this Code, other than those on floor area ratio, governing the approval of projects, including the requirements relating to height, bulk, setback, sunlight access, and separation between towers, and any limitations imposed pursuant to Section 309 review applicable to the Development Lot. The total allowable gross floor area of a development on a Development Lot may not exceed the limitation imposed by Section 123(c).

(d) Limitations. No transfer of permitted gross floor area shall serve to increase the total gross floor area permitted under this Code on the adjacent lot and the transferee lot taken together, either presently or prospectively. No building permit application shall be approved by the Planning Department at any time, nor shall any building permit be issued by any City department at any time, if the result of such approval or issuance would be to increase the total permitted Gross Floor Area of both such lots taken together above such total as calculated on the basis of the floor area ratio limits prevailing at that time for such lots.

(e) Completed Transfers. Any transfer of permitted Gross Floor Area completed prior to the effective date of this Section shall be effective notwithstanding the location of the transferee lot outside the C-3-O District and notwithstanding the aggregate transfer of more than ½ the gross floor area permitted on the adjacent lot under the basic floor area ratio limit, provided all other conditions of this Section have been met.

(f) Restrictions on Transfer. Any restrictions or limitations imposed upon any lot by virtue of the transfer of Gross Floor Area permitted by this Section shall remain in effect notwithstanding an amendment of this Section which removes authorization for such a transfer.

(Amended by Ord. 414-85, App. 9/17/85; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Divisions (a) and (f) amended; Ord. 22-15, Eff. 3/22/2015.

(a) Definitions.

(1) "Development Lot." A lot to which TDR may be transferred to increase the allowable gross floor area of development thereon beyond that otherwise permitted by the Zoning Control Table for the district in which the lot is located.

(2) "Owner of Record." The owner or owners of record in fee.

(3) "Preservation Lot." A parcel of land on which is either (A) a Significant or Contributory building (as designated pursuant to Article 11); or (B) a Category V Building that has complied with the eligibility requirement for transfer of

TDR as set forth in Section 1109(c); or (C) a structure designated an individual landmark pursuant to Article 10 of this Code. The boundaries of the Preservation Lot shall be the boundaries of the Assessor's lot on which the building is located at the time the ordinance or, as to Section 1109(c), resolution, making the designation is adopted, unless boundaries are otherwise specified in the ordinance.

(4) "Transfer Lot." A Preservation Lot located in a C-3 District from which TDR may be transferred. A lot zoned P (public) may in no event be a Transfer Lot unless a building on that lot is (A) owned by the City and County of San Francisco; and (B) located in a P District adjacent to a C-3 District; and (C) designated as an individual landmark pursuant to Article 10 of this Code, designated as a Category I Significant Building pursuant to Article 11 of this Code, or listed on the National Register of Historic Places; and (D) the TDR proceeds are used to finance, in whole or in part, a project to rehabilitate and restore the building in accordance with the Secretary of Interior standards. For the purposes of Section 128(b), a lot zoned P that satisfies the criteria of this Subsection (4) to qualify as a "Transfer Lot" shall be deemed to have an allowable gross floor area of 7.5:1 under Section 124.

(5) "Transferable Development Rights (TDR)." Units of gross floor area that may be transferred, pursuant to the provisions of this Section and Article 11 of this Code, from a Transfer Lot to increase the allowable gross floor area of a development on a Development Lot.

(6) "Unit of TDR." One unit of TDR is one square foot of gross floor area.

(b) Amount of TDR Available for Transfer. The maximum TDR available for transfer from a Transfer Lot consists of the difference between (1) the allowable Gross Floor Area permitted on the Transfer Lot by the Zoning Control Table for the district in which the lot is located; and (2) the Gross Floor Area of the development located on the Transfer Lot.

(c) Eligibility of Development Lots and Limitation on Use of TDR on Development Lots. TDR may be used to increase the allowable gross floor area of a development on a Development Lot if the following requirements and restrictions are satisfied:

• (1) Transfer of Development Rights shall be limited to the following:

• (A) The Transfer Lot and the Development Lot are located in a C-3 Zoning District; or

(B) the Transfer Lot contains a Significant building and is located in the South of Market Extended Preservation District, as set forth in Section 819, and the Development Lot is located in a C-3 District; or

(C) the Transfer Lot is in a P District adjacent to a C-3 District and meets the requirements established in subsection (a)(4) above and the Development Lot is located in a C-3 District; or

(D) the Transfer Lot is located in any C-3 District and contains an individual landmark designated pursuant to Article 10 and the Development Lot is located in any C-3 District.

(2) TDR may not be transferred for use on any lot on which is or has been located a Significant or Contributory building; provided that this restriction shall not apply if the designation of a building is changed to Unrated; nor shall it apply if the Historic Preservation Commission finds that the additional space resulting from the transfer of TDR is essential to make economically feasible the reinforcement of a Significant or Contributory building to meet the standards for seismic loads and forces of the Building Code, in which case TDR may be transferred for that purpose subject to the limitations of this Section and Article 11, including Section 1111.6. Any alteration shall be governed by the requirements of Sections 1111 to 1111.6.

(3) Notwithstanding any other provision of this Section, development on a Development Lot is limited by the provisions of this Code, other than those on floor area ratio, governing the approval of projects, including the requirements relating to height, bulk, setback, sunlight access, and separation between towers, and any limitations imposed pursuant to Section 309 review applicable to the Development Lot. The total allowable gross floor area of a development on a Development Lot may not exceed the limitation imposed by Section 123(c).

(d) Effect of Transfer of TDR. Transfer of TDR from a Transfer Lot permanently reduces the development potential of the Transfer Lot by the amount of the TDR transferred, except as provided in Section 124(f). In addition, transfer of TDR from a Preservation Lot containing a Contributory building or an individual landmark designated pursuant to Article

10 causes such building to become subject to the same restrictions on demolition and alteration, and the same penalties and enforcement remedies, that are applicable to Significant Buildings Category I, as provided in Article 11.

(e) Procedure for Determining TDR Eligibility.

(1) In order to obtain a determination of whether a lot is a Transfer Lot and, if it is, of the amount of TDR available for transfer, the owner of record of the lot may file an application with the Zoning Administrator for a Statement of Eligibility. The application for a Statement of Eligibility shall contain or be accompanied by plans and drawings and other information which the Zoning Administrator determines is necessary in order to determine whether a Statement of Eligibility can be issued. Any person who applies for a Statement of Eligibility prior to expiration of the time for request of reconsideration of designation authorized in Section 1106 shall submit in writing a waiver of the right to seek such reconsideration.

(2) The Zoning Administrator shall, upon the filing of an application for a Statement of Eligibility and the submission of all required information, issue either a proposed Statement of Eligibility or a written determination that no TDR are available for transfer and shall mail that document to the applicant and to any other person who has filed with the Zoning Administrator a written request for a copy, and shall post the proposed Statement of Eligibility or written determination on the Planning Department website. Any appeal of the proposed Statement of Eligibility or determination of noneligibility shall be filed with the Board of Appeals within 20 days of the date of issuance of the document. If not appealed, the

proposed Statement of Eligibility or the determination of noneligibility shall become final on the 21st day after the date of issuance. The Statement of Eligibility shall contain at least the following information:

• (A) the name of the owner of record of the Transfer Lot;

• (B) the address, legal description and Assessor's Block and Lot of the Transfer Lot;

• (C) the C-3 use district within which the Transfer Lot is located;

• (D) whether the Transfer Lot contains a Significant or Contributory building, a Category V building, or an Article 10 individually designated landmark;

• (E) the amount of TDR available for transfer; and

• (F) the date of issuance.

(3) Once the proposed Statement of Eligibility becomes final, whether through lack of appeal or after appeal, the Zoning Administrator shall record the Statement of Eligibility in the Office of the County Recorder. The County Recorder shall be instructed to mail the original of the recorded document to the owner of record of the Transfer Lot and a conformed copy to the Zoning Administrator.

(f) Cancellation of Eligibility.

(1) If reasonable grounds should at any time exist for determining that a building on a Preservation Lot may have been altered or demolished in violation of Articles 10 or 11, including Sections 1110 and 1111 thereof, the Zoning Administrator may issue and record with the County Recorder a Notice of Suspension of Eligibility for the affected lot and, in cases of demolition of a Significant or Contributory building, a notice that the restriction on the floor area ratio of a replacement building may be applicable and shall mail a copy of such notice to the owner of record of the lot. The notice shall provide that the property owner shall have 20 days from the date of the notice in which to request a hearing before the Zoning Administrator in order to dispute this initial determination. If no hearing is requested, the initial determination of the Zoning Administrator is deemed final on the twenty-first day after the date of the notice, unless the Zoning Administrator has determined that the initial determination was in error.

(2) If a hearing is requested, the Zoning Administrator shall notify the property owner of the time and place of hearing, which shall be scheduled within 21 days of the request, shall conduct the hearing, and shall render a written determination within 15 days after the close of the hearing. If the Zoning Administrator shall determine that the initial determination was in error, that officer shall issue and record a Notice of Revocation of Suspension of Eligibility. Any appeal of the determination of the Zoning Administrator shall be filed with the Board of Appeals within 20 days of the date of the written determination following a hearing or, if no hearing has been requested, within 20 days after the initial determination becomes final.

(3) If after an appeal to the Board of Appeals it is determined that an unlawful alteration or demolition has occurred, or if no appeal is taken of the determination by the Zoning Administrator of such a violation, the Zoning Administrator shall record in the Office of the County Recorder a Notice of Cancellation of Eligibility for the lot, and shall mail to the property owner a conformed copy of the recorded Notice. In the case of demolition of a Significant or Contributory Building, the Zoning Administrator shall record a Notice of Special Restriction noting the restriction on the floor area ratio of the Preservation Lot, and shall mail to the owner of record a certified copy of the Notice. If after an appeal to the Board of Appeals it is determined that no unlawful alteration or demolition has occurred, the Zoning Administrator shall issue and record a Notice of Revocation of Suspension of Eligibility and, if applicable, a Notice of Revocation of the Notice of Special Restriction, and shall mail conformed copies of the recorded notices to the owner of record.

(4) No notice recorded under this Section 128(f) shall affect the validity of TDR that have been transferred from the affected Transfer Lot in compliance with the provisions of this Section prior to the date of recordation of such notice, whether or not such TDR have been used.

(g) Procedure for Transfer of TDR.

(1) TDR from a single Transfer Lot may be transferred as a group to a single transferee or in separate increments to several transferees. TDR may be transferred either directly from the original owner of the TDR to the owner of a Development Lot or to persons, firms or entities who acquire the TDR from the original owner of the TDR and hold them for subsequent transfer to other persons, firms, entities or to the owners of a Development Lot or Lots.

(2) When TDR are transferred, they shall be identified in each Certificate of Transfer by a number. A single unit of TDR transferred from a Transfer Lot shall be identified by the number "1." Multiple units of TDR transferred as a group for the first time from a Transfer Lot shall be numbered consecutively from "1" through the number of units transferred. If a fraction of a unit of TDR is transferred, it shall retain its numerical identification. (For example, if 5,000-1/2 TDR are transferred in the initial transfer from the Transfer Lot, they would be numbered "1 through 5,000 and one-half of 5,001.") TDR subsequently transferred from the Transfer Lot shall be identified by numbers taken in sequence following the last number previously transferred. (For example if the first units of gross floor area transferred from a Transfer Lot are numbered 1 through 10,000, the next unit transferred would be number 10,001.) If multiple units transferred from a Transfer Lot are subsequently transferred separately in portions, the seller shall identify the TDR sold by numbers which correspond to the numbers by which they were identified at the time of their transfer from the Transfer Lot. (For example, TDR numbered 1 through 10,000 when transferred separately from the Transfer Lot in two equal portions would be identified in the two Certificates of Transfer as numbers 1 through 5,000 and 5,001 through 10,000.) Once assigned numbers, TDR retain such numbers for the purpose of identification through the process of transferring and using TDR. The phrase "numerical identification," as used in this section, shall mean the identification of TDR by numbers as described in this Subsection.

(3) Transfer of TDR from the Transfer Lot shall not be valid unless (A) a Statement of Eligibility has been recorded in the Office of the County Recorder prior to the date of recordation of the Certificate of Transfer evidencing such transfer and (B) a Notice of Suspension of Eligibility or Notice of Cancellation of Eligibility has not been recorded prior to such transfer or, if recorded, has thereafter been withdrawn by an appropriate recorded Notice of Revocation or a new Statement of Eligibility has been thereafter recorded.

(4) Transfer of TDR, whether by initial transfer from a Transfer Lot or by a subsequent transfer, shall not be valid unless a Certificate of Transfer evidencing such transfer has been prepared and recorded. The Zoning Administrator shall prepare a form of Certificate of Transfer and all transfers shall be evidenced by documents that are substantially the same as the Certificate of Transfer form prepared by the Zoning Administrator, which form shall contain at least the following:

(A) For transfers from the Transfer Lot only:

(i) Execution and acknowledgement by the original owner of TDR as the transferor(s) of the TDR; and

(ii) Execution and acknowledgment by the Zoning Administrator; and

(iii) A notice, prominently placed and in all capital letters, preceded by the underlined heading "Notice of Restriction," stating that the transfer of TDR from the Transfer Lot permanently reduces the development potential of the

Transfer Lot by the amount of TDR transferred, with reference to the provisions of this Section.

• (B) For all transfers:

• (i) The address, legal description, Assessor's Block and Lot, and C-3 use district of the Transfer Lot from which the TDR originates; and

• (ii) The amount and sale price of TDR transferred; and

• (iii) Numerical identification of the TDR being transferred; and

• (iv) The names and mailing addresses of the transferors and transferees of the TDR; and

• (v) Execution and acknowledgment by the transferors and transferees of the TDR; and

(vi) A reference to the Statement of Eligibility, including its recorded instrument number and date of recordation, and a recital of all previous transfers of the TDR, including the names of the transferors and transferees involved in each transfer and the recorded instrument number and date of recordation of each Certificate of Transfer involving the TDR, including the transfer from the Transfer Lot which generated the TDR.

(5) When a Certificate of Transfer for the transfer of TDR from a Transfer Lot is presented to the Zoning Administrator for execution, that officer shall not execute the document if a transfer of the TDR would be prohibited by any provision of this Section or any other provision of this Code. The Zoning Administrator shall, within five business days from the date that the Certificate of Transfer is submitted for execution, either execute the Certificate of Transfer or issue a written determination of the grounds requiring a refusal to execute the Certificate.

(6) Each duly executed and acknowledged Certificate of Transfer containing the information required herein shall be presented for recordation in the Office of the County Recorder and shall be recorded by the County Recorder. The County Recorder shall be instructed to mail the original Certificate of Transfer to the person and address designated thereon and shall be given a copy of the Certificate of Transfer and instructed to conform the copy and mail it to the Zoning Administrator.

(h) Certificate of Transfer of TDR for a Project on a Development Lot.

(1) When the use of TDR is necessary for the approval of a building permit for a project on a Development Lot, the Director of the Department of Building Inspection shall not approve issuance of the permit unless the Zoning Administrator has issued a written certification that the owner of the Development Lot owns the required number of TDR. When the transfer of TDR is necessary for the approval of a site permit for a project on a Development Lot, the Zoning Administrator shall impose as a condition of approval of the site permit the requirement that the Director of the Department of Building Inspection shall not issue the first addendum to the site permit unless the Zoning Administrator has issued a written certification that the owner of the Development Lot owns the required number of TDR.

(2) In order to obtain certification as required in Section 128(h)(1), the permit applicant shall present to the Zoning Administrator:

(A) Information necessary to enable the Zoning Administrator to prepare the Notice of Use of TDR, which information shall be at least the following:

• (i) The address, legal description, Assessor's Block and Lot, and zoning classification of the Development Lot;

• (ii) The name and address of the owner of record of the Development Lot;

• (iii) Amount and numerical identification of the TDR being used;

• (iv) A certified copy of each Certificate of Transfer evidencing transfer to the owner of the Development Lot of the TDR being used; and

(B) A report from a title insurance company showing the holder of record of the TDR to be used, all Certificate of Transfer of the TDR, and all other matters of record affecting such TDR. In addition to showing all such information, the report shall guarantee that the report is accurate and complete and the report shall provide that in the event that its guarantee or any information shown in the report is incorrect, the title company shall be liable to the City for the fair market value of the TDR at the time of the report. The liability amount shall be not less than $10,000 and no more than $1,000,000, the appropriate amount to be determined by the Zoning Administrator based on the number of TDR being used.

(C) An agreement whereby the owner of the Development Lot shall indemnify the City against any and all loss, cost, harm or damage, including attorneys' fees, arising out of or related in any way to the assertion of any adverse claim to the TDR, including any loss, cost, harm or damage occasioned by the passive negligence of the City and excepting only that caused by the City's sole and active negligence. The indemnity agreement shall be secured by a financial balance sheet certified by an auditor or a corporate officer showing that the owner has assets equal to or greater than the value of the TDR, or other security satisfactory to Planning Department and the City Attorney.

(3) If the Zoning Administrator determines that the project applicant has complied with the provisions of Subsection (h)(2) and all other applicable provisions of this Section, and that the applicant is the owner of the TDR, that officer shall transmit to the Director of the Department of Building Inspection, with a copy to the project applicant, written certification that the owner of the Development Lot owns the TDR. Prior to transmitting such certification, the Zoning Administrator shall prepare a document entitled Notice of Use of TDR stating that the TDR have been used and may not be further transferred, shall obtain the execution and acknowledgment on the Notice of the owner of record of the Development Lot, shall execute and acknowledge the Notice, shall record it in the Office of the County Recorder, and shall mail to the owner of record of the Development Lot a conformed copy of the recorded Notice. If the Zoning Administrator determines that the project applicant is not the owner of the TDR, or has not complied with all applicable provisions of this Section, that determination shall be set forth in writing along with the reasons therefore. The Zoning Administrator shall either transmit certification or provide a written determination that certification is inappropriate within 10 business days after the receipt of all information required pursuant to Subsection (h)(2).

(i) Cancellation of Notice of Use; Transfer from Development Lot.

(1) The owner of a Development Lot for which a Notice of Use of TDR has been recorded may apply for a Cancellation of Notice of Use if (A) the building permit or site permit for which the Notice of Use was issued expires or was revoked or cancelled prior to completion of the work for which such permit was issued and the work may not be carried out; or (B) any administrative or court decision is issued or any ordinance or initiative or law is adopted which does not allow the applicant to make use of the permit; or (C) a portion or all of such TDR are not used.

(2) If the Zoning Administrator determines that the TDR have not been and will not be used on the Development Lot based on the reasons set forth in subsection (i)(1), the Zoning Administrator shall prepare the Cancellation of Notice of Use of TDR. If only a portion of the TDR which had been acquired are not being used, the applicant may identify which TDR will not be used and the Cancellation of Notice of Use of TDR shall apply only to those TDR. The Zoning Administrator shall obtain on the Cancellation of Notice of Use of TDR the signature and acknowledgment of the owner of record of the Development Lot as to which the Notice of Use of TDR was recorded, shall execute and acknowledge the document, and shall record it in the office of the County Recorder.

(3) Once a Cancellation of Notice of Use of TDR has been recorded, the owner of the Development Lot may apply for a Statement of Eligibility in order to transfer the TDR identified in that document. The procedures and requirements set forth in this Section governing the transfer of TDR shall apply to the transfer of TDR from the owner of a Development Lot after a Notice of Use has been filed, except for the provisions of this Section permanently restricting the development potential of a Transfer Lot upon the transfer of TDR; provided, however, that the district or districts to which the TDR may be transferred shall be the same district or districts to which TDR could have been transferred from the Transfer Lot that generated the TDR.

(j) Erroneous Notice of Use; Revocation of Permit. If the Zoning Administrator determines that a Notice of Use of TDR was issued or recorded in error, that officer may direct the Director of the Department of Building Inspection to suspend any permit issued for a project using such TDR, in which case the Director of the Department of Building Inspection shall comply with that directive. The Zoning Administrator shall thereafter conduct a noticed hearing in order to determine whether the Notice of Use of TDR was issued or recorded in error. If it is determined that the Notice of Use of TDR was issued or recorded in error, the Director of the Department of Building Inspection shall revoke the permit; provided, however, that no permit authorizing such project shall be revoked if the right to proceed thereunder has vested

under California law. If it is determined that the Notice of Use of TDR was not issued or recorded in error, the permit shall be reinstated.

(k) Effect of Repeal or Amendment. TDR shall convey the rights granted herein only so long and to the extent as authorized by the provisions of this Code. Upon repeal of such legislative authorization, TDR shall there after convey no rights or privileges. Upon amendment of such legislative authorization, TDR shall thereafter convey only such rights and privileges as are permitted under the amendment. No Statement of Eligibility shall convey any right to use, transfer or otherwise utilize TDR if the maximum floor area ratio for the Transfer Lot is reduced after the Statement of Eligibility is issued.

(l) Preservation Rehabilitation, and Maintenance Requirements for Preservation Lots.

(1) In addition to the material required to be submitted with an application for a Certificate of Transfer for initial transfer from the Transfer Lot set forth in subsection 128(g), the owner of the Transfer Lot shall:

(A) Demonstrate that any and all outstanding Notices of Violation have been abated; and

(B) Submit for approval by the Department a Preservation, Rehabilitation, and Maintenance Plan that describes any proposed preservation and rehabilitation work and that guarantees the maintenance and upkeep of the Transfer Lot. This Plan shall include:

(i) a plan for the ongoing maintenance of the Transfer Lot;

(ii) information regarding the nature and cost of any rehabilitation, restoration or preservation work to be conducted on the Transfer Lot, including information about any required seismic, life safety, or disability access work;

(iii) a construction schedule; and

(iv) any other such information as the Department may require to determine compliance of this subsection 128(l). All such work, shall comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties. The requirements of the approved Plan shall be recorded along with the final Certificate of Transfer in the Office of the County Recorder.

Notwithstanding the foregoing, the owner of the Transfer Lot may apply to the Department for a hardship exemption from the requirements of subsection (i). Such hardship exemption shall demonstrate to the satisfaction of the Department that sale of TDR is necessary to fund the work required to cure the outstanding Notice(s) of Violation on the Transfer Lot.

(2) Approval of the Certificate of Transfer for initial transfer from the Transfer Lot shall be conditioned on execution of the requirements described in subsection (l)(1). Once any TDR is transferred from the Transfer Lot, the Certificate of Transfer and conditions may not be withdrawn.

(3) Within one year of the issuance of the Certificate of Transfer for initial transfer from the Transfer Lot, the owner of the Transfer Lot shall submit a status report to the Department detailing how the requirements of subsection (l)(1) have been completed and describing ongoing maintenance activities. Such report shall include: (A) information detailing the work completed; (B) copies of all permits obtained for the work, including any Certificates of Appropriateness or Permits to Alter; (C) any inspection reports or other documentation from the Department of Building Inspection showing completion of the work; (D) itemized receipts of payment for work performed; and (E) any such other documentation as the Department may require to determine compliance with the requirements of this subsection 128(l). The deadline for completion of the work and submittal of this report may be extended at the discretion of the Department upon application of the owner of the Transfer Lot and only upon a showing that the owner has diligently pursued all required permits and completion of the work.

(4) Failure to comply with the requirements of this subsection (l), including all reporting requirements, shall be grounds for enforcement under this Code, including but not limited to under Sections 176 and 176.1. Penalties for failure to comply may include, but shall not be limited to, a lien on the Transfer Lot equal to the sale price of the TDR sold. (Added by Ord. 414-85, App. 9/17/85; amended by Ord. 115-90, App. 4/6/90; Ord. 21-03, File No. 020328, App. 2/21/2003; Ord. 77-04, File No. 031930, App. 5/6/2004; Ord. 87-07, File No. 061688, App. 4/27/2007; Ord. 246-10, File No. 100851, App. 10/14/2010; Ord. 256-10, File No. 101200, App. 11/5/2010; Ord. 68-13 , File No. 120474, App. 4/23/2013, Eff. 5/23/2013; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

References to officials and bodies updated and/or corrected throughout; internal subdivisions redesignated consistently throughout; in division (c)(1), former subdivisions (i) and (iii) amended and redesignated as (A) and (B), former subdivisions (v) and (vi) redesignated as (C) and (D), and former subdivisions (ii) and (iv) deleted; divisions (f)(1), (f)(3), and (l)(1) through (4) amended; Ord. 68-13 , Eff. 5/23/2013. Divisions (a)(1) and (b) amended; Ord. 22-15, Eff. 3/22/2015.

(See Interpretations related to this Section.)

(a) Except as provided in Sections 172 and 188 of this Code, every building and addition shall have yards and setbacks as required by Sections 131 through 134 for the district in which the building is located.

(b) Every such front setback and rear yard shall extend along a lot line the full width of the lot. Every such side yard shall extend along a lot line from the front setback or the front lot line to the rear yard. The required minimum depth or width of any yard or setback shall be measured generally at right angles to the lot line. All required yards and setbacks shall be located on the lot on which the building is situated.

(c) Where a vacant lot abuts on two or more streets, any street lot line may be elected by the owner as the front lot line for purposes of the yard and setback requirements, and in general the lot line opposite and most nearly parallel thereto shall be the rear lot line. Any street lot line that is not a front lot line shall be a rear lot line or a side lot line.

(d) Where the side lot lines converge to a point, a line five feet long within the lot parallel to and at a maximum distance from the front lot line shall be deemed to be the rear lot line for the purposes of determining the depth of the rear yard.

(e) Where the building wall is not parallel to a side or a rear lot line, the required least dimension of the side yard or the rear yard along such line may be applied to the average, provided that no such side yard shall be less than three feet in width at any point, and no such rear yard shall be less than five feet in depth at any point.

(f) Obstructions in any required yard or setback shall be limited to those specified in Section 136 of this Code. (Amended by Ord. 443-78, App. 10/6/78; Ord. 248-03, File No. 030999, App. 10/22/2003)

(See Interpretations related to this Section.)

(a) The legislated setback lines along specific street and alley frontages established by ordinance and resolution pursuant to former Article 4 of the City Planning Code and earlier provisions of law are hereby continued in effect as regulations of the City Planning Code, regardless of the regulations for the use districts in which such street and alley frontages are located, and said ordinances and resolutions are expressly incorporated herein by reference as though fully set forth.

(b) The obstructions permitted within such legislated setback lines shall be as described in Sections 132 and 136 of this Code. No other obstruction shall be constructed, placed or maintained within a legislated setback line.

(c) The procedures for establishment, abolition or modification of a legislated setback line shall be as specified in Sections 302 and 306 through 306.5 for amendments to this Code.

(d) In case of any conflict between the requirements of a legislated setback line and a front setback area established by Section 132 of this Code, the more restrictive requirements shall prevail.

(Added by Ord. 443-78, App. 10/6/78)

(See Interpretations related to this Section.)

The following requirements for minimum front setback areas shall apply to every building in all RH, RTO, and RM Districts, in order to relate the setbacks provided to the existing front setbacks of adjacent buildings.

(a) Basic Requirement. Where one or both buildings adjacent to the subject property have front setbacks along a Street or Alley, any building or addition constructed, reconstructed, or relocated on the subject property shall be set back to no less than the depth of the adjacent building with the shortest front setback, except as provided in subsection (c). In any case in which the lot constituting the subject property is separated from the lot containing the nearest building by an undeveloped lot or lots for a distance of 50 feet or less parallel to the Street or Alley, such nearest building shall be deemed to be an “adjacent building,” but a building on a lot so separated for a greater distance shall not be deemed to be an “adjacent building.” However, aside from the scenarios described in subsection (c) below, a lot that only has one adjacent building shall provide a front setback equal to one half the front setback of such adjacent building.

(b) Method of Measurement. The extent of the front setback of each adjacent building shall be taken as the horizontal distance from the property line along the Street or Alley to the building wall closest to such property line, excluding all projections from such wall, all decks and garage structures and extensions, and all other obstructions.

(c) Applicability to Special Lot Situations.

(1) Corner Lots and Lots at Alley Intersections. On a Corner Lot as defined in Section 102 of this Code, or a lot at the intersection of a Street and an Alley or two Alleys, a front setback area shall be required only along the Street or Alley elected by the owner as the front of the property. Along such Street or Alley, the required setback for the subject lot shall be equal to one-half the front setback of the adjacent building.

(2) Lots Abutting Properties That Front on Another Street or Alley. In the case of any lot that abuts along its side lot line upon a lot that fronts on another Street or Alley, the lot on which it so abuts shall be disregarded, and the required setback for the subject lot shall be equal to the front setback of the adjacent building on its opposite side.

(3) Lots Abutting RC, C, M, and P Districts. In the case of any lot that abuts property in an RC, C, M, or P District, any property in such district shall be disregarded, and the required setback for the subject lot shall be equal to the front setback of the adjacent building in the RH, RTO, or RM District.

(d) Maximum Requirements. The maximum required front setback in any of the cases described in this Section 132 shall be 10 feet from the property line along the Street or Alley, except in cases where more than 75% of the properties on the subject block face have a setback of 15 feet or greater, and both parcels adjacent to the parcel property have a front setback of 15 feet or greater, in which case the maximum front setback shall be 15 feet. The required setback for lots located within the Bernal Heights Special Use District is set forth in Section 242 of this Code.

• (e) Required Front Setbacks and Sidewalk Widths in RTO-C and NC Districts.

(1) Applicability. This subsection (e) applies to projects located in RTO-C and Neighborhood Commercial (NC) Districts that meet any of the following criteria:

• (A) Have a street frontage of 50 feet or more;

• (B) Are located on a Corner Lot; or

(C) Are adjacent to a building with a front setback consistent with the requirements of this subsection.

(2) Setback Requirement. Where the sidewalk does not meet the recommended width required by the Better Streets Plan, a front setback shall be provided to widen the publicly accessible sidewalk. The setback must be wide enough so that, when combined with the existing sidewalk, the total distance from the curb to the building frontage meets or exceeds the recommended width under the Better Streets Plan. If a greater front setback is required under Section 132 or any other provision of this Code, the greater requirement shall apply. This setback is required only up to 15 feet above street grade.

(f) Permitted Obstructions. Only those obstructions specified in Section 136 of this Code shall be permitted in a required front setback area, and no other obstruction shall be constructed, placed or maintained within any such area. No motor vehicle, trailer, boat or other vehicle shall be parked or stored within any such area, except as specified in Section 136.

(g) Landscaping and Permeable Surfaces. The landscaping and Permeable Surface requirements of this subsection (g) and subsection (h) below shall be met by the permittee in the case of construction of a new building; the addition of a new Dwelling Unit, a garage, or additional parking, except for parking in driveways permitted under Section 152.3; any addition to a structure that would result in an increase of 20% or more of the existing Gross Floor Area; a Residential Merger, as defined in Section 317; or paving or repaving more than 200 square feet of the front setback. All front setback areas required by this Section 132 shall be appropriately landscaped, meet any applicable water use requirements of Administrative Code Chapter 63, and in every case not less than 20% of the required setback area shall be and remain unpaved and devoted to plant material, including the use of climate appropriate plant material as defined in Public Works Code Section 802.1. For the purposes of this Section 132, permitted obstructions as defined by Section 136(c)(6) chimneys, Section 136(c)(14) steps, and Section 136(c)(27) garages in steeply sloping front setbacks shall be excluded from the front setback area used to calculate the required landscape and Permeable Surface area. If the required setback area is entirely taken up by one or more permitted obstructions, the Zoning Administrator may allow the installation of sidewalk landscaping that is compliant with applicable water use requirements of Chapter 63 of the Administrative Code to satisfy the requirements of this Section 132, subject to permit approval from the Department of Public Works in accordance with Public Works Code Section 810B.

(h) Permeable Surfaces. The front setback area shall be at least 50% permeable so as to increase stormwater infiltration. The Permeable Surface may be inclusive of the area counted towards the landscaping requirement; provided, however, that turf pavers or similar planted hardscapes shall be counted only toward the Permeable Surface requirement and not the landscape requirement.

(1) The Zoning Administrator, after consultation with the Director of Public Works, may waive the Permeable Surface requirement if the site does not qualify as a suitable location pursuant to Department of Public Works rules and regulations.

(2) If the site receives stormwater run-off from outside the lot boundaries, the Zoning Administrator, after consultation with the General Manager of the Public Utilities Commission, may modify the Permeable Surface requirement to include alternative management strategies, such as bio-retention or other strategies, pursuant to Public Utilities Commission rules and regulations.

(3) If a portion of the front setback is designed as a publicly-accessible sidewalk extension to satisfy the Better Streets Standard width standards under subsection (e), then the provisions of this subsection (h) do not apply.

(i) Planned Unit Developments. In addition to the front yard landscaping requirements in Section 132(g). Planned Unit Developments are required to install the following front yard landscape features.

(1) Where ground floor setbacks are required, landscaping is also required in the setbacks per Section 132(g). All building setback areas not occupied by steps, porches or other permitted obstructions shall be Permeable Surfaces. Setbacks should be designed to provide access to landscaped areas, encouraging active use by residents.

(A) A water source should be provided for each residential setback reachable by a 30-foot hose.

(B) To allow for landscaping and street trees at street grade, below-grade parking shall be located at a depth below any surface of the setback to provide a minimum soil depth of 3 feet 6 inches.

(2) The Zoning Administrator is authorized to modify the additional landscaping requirements for Planned Unit Developments. The Zoning Administrator shall allow modifications only when he or she finds that modifications provide equal or greater ecological benefit than the above requirements, including the use of climate appropriate plant materials as defined in Public Works Code Section 802.1. Acceptable modifications may include alternative landscape treatments such as landscaped berms, detention or retention basins, perimeter plantings, pedestrian lighting, benches and seating areas, or additional landscaping and tree planting elsewhere on the site or on the adjacent public right-of-way itself, subject to permit approval from the Department of Public Works.

(j) Relationship to Legislated Setback Lines. In case of any conflict between the requirements of this Section 132 for front setback areas and a legislated setback line as described in Section 131 of this Code, the more restrictive requirements shall prevail.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 32-91, App. 1/25/91; Ord. 219-02, File No. 020493, App. 11/8/2002; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 84-10, File No. 091453, App. 4/22/2010; Ord. 310-10, File No. 101194, App. 12/16/2010; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 23-16 , File No. 150494, App. 3/4/2016, Eff. 4/3/2016; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 206-19, File No. 190048, App. 9/13/2019, Eff. 10/14/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 10-26, File No. 250887, App. 2/13/2026, Eff. 3/16/2026)

AMENDMENT HISTORY

Division (g) amended; former divisions (i)(1)(i) and (ii) redesignated as divisions (i)(1)(A) and (B); Ord. 56-13 , Eff. 4/27/2013. Division (g) amended; Ord. 188-15 , Eff. 12/4/2015. Division (g) amended; Ord. 23-16 , Eff. 4/3/2016. Section header and divisions (g), (h)-(h)(2), and (i)(1) amended; Ord. 202-18, Eff. 9/10/2018. Divisions (a) through (e) amended; Ord. 206-19, Eff. 10/14/2019. Division (d)(1) amended; Ord. 63-20, Eff. 5/25/2020. Division (a) amended; division (b) deleted; divisions (c) and (d) redesignated as (b) and (c); division (e) amended and redesignated as (d); Ord. 248-23, Eff. 1/14/2024. Division (g) amended; Ord. 33-24, Eff. 3/23/2024. Division (a) amended; Ord. 297-24, Eff. 1/19/2025.Section header and undesignated introductory paragraph amended; divisions (e)-(e)(2) and (h)(3) added; Ord. 245-25, Eff. 1/12/2026. Division (g) amended; Ord. 10-26, Eff. 3/16/2026.

(See Interpretations related to this Section.)

The following requirements for side yards shall apply to every building in an RH-1(D) District. Any lot width of less than 33 feet as described herein shall refer only to substandard lots of record as defined in Section 180 of this Code.

• (a) Minimum side yards shall be provided as follows:

• (1) For lots with a width of less than 28 feet: none;

• (2) For lots with a width of 28 feet or more but less than 31 feet: one side yard equal to the amount by which the lot

• width exceeds 25 feet, or the same total amount in the form of two side yards, one of which shall be at least three feet;

• (3) For lots with a width of 31 feet or more but less than 40 feet: two side yards each of three feet;

• (4) For lots with a width of 40 feet or more but less than 50 feet: two side yards each of four feet;

• (5) For lots with a width of 50 feet or more: two side yards each of five feet.

(b) Where, however, the building does not exceed 25 feet in height, any side yard required by Subsection (a) to be more than three feet in width may be reduced to three feet if the width of the other side yard is increased by the same amount as the first one is reduced.

(c) Buildings may be built to the common line of two adjoining lots if a side yard having a width of not less than the combined width of the two side yards required above for each lot is provided on each such lot on the opposite side.

(d) Only those obstructions specified in Section 136 of this Code shall be permitted in a required side yard, and no other obstruction shall be constructed, placed or maintained within any such yard. No motor vehicle, trailer, boat or other vehicle shall be parked or stored within any such yard, except as specified in Section 136. (Amended by Ord. 443-78, App. 10/6/78)

(See Interpretations related to this Section.)

• (a) Purpose. The rear yard requirements of this Section 134 are intended to:

• (1) assure the protection and continuation of established mid-block landscaped open spaces;

• (2) maintain a scale of development appropriate to each district, complementary to the location of adjacent buildings;

• (3) provide natural light and natural ventilation to residences, work spaces, and adjacent rear yards; and

• (4) provide residents with usable open space and views into green rear-yard spaces.

(b) Applicability. The rear yard requirements established by this Section 134 shall apply to every building in the districts listed below. To the extent that these provisions are inconsistent with any Special Use District or Residential Character District, the provisions of the Special Use District or Residential Character District shall apply.

• (c) Basic Requirements. The basic rear yard requirements shall be as follows for the districts indicated:

• (1) In RH, RM-1, RM-2, RTO-1, and RTO-M Zoning Districts, the basic rear yard shall be equal to 30% of the total depth of the lot on which the building is situated, but in no case less than 15 feet.

• (2) In all other Zoning Districts not listed in subsection (c)(1), the rear yard shall be equal to 25% of the total depth of the lot on which the building is situated, but in no case less than 15 feet.

• (d) Rear Yard Location Requirements.

• (1) RH, RM, RTO-1, RTO-M, NC-1, NCT-1, Inner Sunset, Outer Clement Street, Cole Valley, Haight Street,

Lakeside Village, Sacramento Street, 24th Street-Noe Valley, Pacific Avenue, and West Portal Avenue NC Districts.

Rear yards shall be provided at grade level and at each succeeding level or story of the building.

(2) RTO-C, NC-S, NC-2, NCT-2, Ocean Avenue, Inner Balboa Street, Outer Balboa Street, Castro Street, Cortland Avenue, Divisadero Street NCT, Excelsior-Outer Mission Street, Inner Clement Street, Upper Fillmore Street, Lower Haight Street, Judah Street, Noriega Street, North Beach, San Bruno Avenue, Taraval Street, Inner Taraval Street, Irving Street, Union Street, Valencia Street, 24th Street-Mission, Glen Park, and Folsom Street NC Districts, and the Regional Commercial District. Rear yards shall be provided at the second story, and at each succeeding story of the building, and at the First Story if it contains a Dwelling Unit

(3) RC-3, RC-4, NC-3, NCT-3, Bayview, Broadway, Fillmore Street, Geary Boulevard, Hayes-Gough, Japantown, SoMa NCT, Mission Bernal, Mission Street, Polk Street, Lower Polk Street, M, SPD, MUR, MUG, MUO, and UMU Districts. Rear yards shall be provided at the lowest story containing a Dwelling Unit, and at each succeeding level or story of the building. In the Hayes-Gough NCT, lots fronting the east side of Octavia Boulevard between Linden and Market Streets (Central Freeway Parcels L, M, N, R, S, T, U, and V) are not required to provide rear yards at any level of the building, provided that the project fully meets the usable open space requirement for Dwelling Units pursuant to Section 135, meets the exposure requirements of Section 140, and gives adequate architectural consideration to the light and air needs of adjacent buildings given the constraints of the project site.

(4) Upper Market Street NCT. Rear yards shall be provided at the grade level, and at each succeeding story of the building. For buildings in the Upper Market Street NCT that do not contain Residential Uses and that do not abut adjacent lots with an existing pattern of rear yards or mid-block open space, the Zoning Administrator may waive or reduce this rear yard requirement pursuant to the procedures of subsection (h).

(5) RED, RED-MX and WMUG Districts. Rear yards shall be provided at the ground level for any building containing a Dwelling Unit, and at each succeeding level or story of the building.

(6) Lot Coverage in C Districts. Lot coverage is limited to 80% at all levels containing residential uses, except that on levels that include only lobbies and circulation areas and on levels in which all residential uses, including circulation areas, are within 40 horizontal feet from a property line fronting a street or alley, up to 100% lot coverage may occur. The unbuilt portion of the lot shall be open to the sky except for those obstructions permitted in yards pursuant to subsections (1) through (23) of Section 136(c). Where the adjacent properties have an existing rear yard, the unbuilt area of the new project shall be designed to adjoin that rear yard. In accordance with Section 210.5, lot coverage requirements shall not be applicable for Commercial to Residential Adaptive Reuse projects.

(e) Permitted Obstructions. Only those obstructions specified in Section 136 of this Code shall be permitted in a required rear yard, and no other obstruction shall be constructed, placed, or maintained within any such yard. No motor vehicle, trailer, boat, or other vehicle shall be parked or stored within any such yard, except as specified in Section 136.

(f) Second Building on Corner Lots and Through Lots in RH, RTO, RM-1, and RM-2 Districts. Where a lot is a Corner Lot, or is a through lot having both its front and its rear lot line along Streets, Alleys, or a Street and an Alley, the subject lot may have two buildings, each fronting at one end of the lot, provided that all the other requirements of this Code are met. In such cases, the rear yard required by this Section 134 for the subject lot shall be located in the central portion of the lot, between the two buildings on such lot. In no case shall the total minimum rear yard for the subject lot be thus reduced to less than a depth equal to 30% of the total depth of the subject lot or to less than 15 feet, whichever is greater; provided, however, that the Zoning Administrator may reduce the total depth to 20% pursuant to Section 307(l) of this Code if the reduction is for the sole purpose of constructing an Accessory Dwelling Unit under Section 207.1, and provided further that the reduction/waiver is in consideration of the property owner entering into a Regulatory Agreement pursuant to Section 207.1 subjecting the ADU to the San Francisco Rent Stabilization and Arbitration Ordinance. For buildings fronting on a Narrow Street as defined in Section 261.1 of this Code, the additional height limits of Section 261.1 shall apply. Furthermore, in all cases in which this subsection (f) is applied, the requirements of Section 132 of this Code for front setback areas shall be applicable along both Street or Alley frontages of the subject through lot.

(g) Reduction of Requirements in C-3 Districts. In C-3 Districts, an exception to the rear yard requirements of this Section 134 may be allowed, in accordance with the provisions of Section 309, provided that the building location and

configuration assure adequate light and air to windows within the residential units and to the usable open space provided.

(h) Corner Lots and Lots at Alley Intersections. On a Corner Lot as defined in Section 102 of this Code, or on a lot at the intersection of a Street and an Alley of at least 25 feet in width, the required rear yard may be substituted with an open area equal to the basic rear yard requirement outlined in subsection (c) above at the same levels as the required rear yard in an interior corner of the lot, an open area between two or more buildings on the lot, or an inner court, as defined by this Code, provided that the Zoning Administrator determines that all of the criteria described below in this Section 134 are met.

(1) Each horizontal dimension of the open area shall be a minimum of 15 feet.

(2) The open area shall be wholly or partially contiguous to the existing midblock open space formed by the rear yards of adjacent properties.

(3) The open area will provide for the access to light and air to and views from adjacent properties.

(4) The proposed new or expanding structure will provide for access to light and air from any existing or new residential uses on the subject property.

The provisions of this subsection (h) shall not restrict the discretion of the Zoning Administrator from imposing such additional conditions as the Zoning Administrator deems necessary to further the purposes of this Section 134.

(i) Modification of Requirements in the Eastern Neighborhoods Mixed Use Districts. The rear yard requirement in Eastern Neighborhoods Mixed Use Districts may be modified or waived by the Planning Commission pursuant to Section 329. The rear yard requirement in Eastern Neighborhoods Mixed Use Districts may be modified by the Zoning Administrator pursuant to the procedures set forth in Section 307(h) for other projects, provided that:

(1) A comparable, but not necessarily equal amount of square footage as would be created in a code conforming rear yard is provided elsewhere within the development;

(2) The proposed new or expanding structure will not significantly impede the access to light and air from adjacent properties or adversely affect the interior block open space formed by the rear yards of adjacent properties; and

(3) The modification request is not combined with any other residential open space modification or exposure variance for the project, except exposure modifications in designated landmark buildings under Section 307(h)(1).

(j) Reduction of Requirements in the North of Market Residential Special Use District. The rear yard requirement may be substituted with an equivalent amount of open space situated anywhere on the site, provided that the Zoning Administrator determines that all of the following criteria are met:

(1) The substituted open space in the proposed new or expanding structure will improve the access of light and air to and views from existing abutting properties; and

(2) The proposed new or expanding structure will not adversely affect the interior block open space formed by the rear yards of existing abutting properties.

This provision shall be administered pursuant to the notice and hearing procedures which are applicable to variances as set forth in Sections 306.1 through 306.5 and 308.2.

(k) Modification of Requirements in NC Districts. The rear yard requirement in NC Districts may be modified or waived by the Zoning Administrator pursuant to the procedures which are applicable to variances, as set forth in Sections 306.1 through 306.5 and 308.2, if all the following criteria are met:

(1) Residential Uses are included in the new or expanding development and a comparable amount of usable open space is provided elsewhere on the lot or within the development where it is more accessible to the residents of the development; and

(2) The proposed new or expanding structure will not adversely affect the interior block open space formed by the rear yards of adjacent properties.

(l) Lot Coverage for Large Lots. This subsection (l) shall apply to all districts except C-3 districts. In lieu of rear yard and lot coverage controls described in this Section 134, where a development lot is two acres or greater, the allowed lot coverage for any project containing residential uses shall be limited to 60% of lot area at street grade and above with a corresponding requirement of 40% unbuilt area in Residential Districts other than RTO-C, and in all other districts 65% lot coverage from the second story and above with 35% lot area unbuilt. Obstructions permitted in setbacks and yards per Section 136 are permitted in the unbuilt area. New rights-of-way, pedestrian passageways or any portion of the site provided for publicly-accessible circulation or open space, including but not limited to any such space provided pursuant to Planning Code Sections 270.2, 270.3, or elsewhere in this Code, may count toward the required unbuilt area. (Amended by Ord. 414-85, App. 9/17/85; Ord. 532-85, App. 12/4/85; Ord. 69-87, App. 3/13/87; Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90; Ord. 32-91, App. 1/25/91; Ord. 368-94, App. 11/4/94; Ord. 32-96, App. 1/11/96; Ord. 262-00, File No. 001426, App. 11/17/2000; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 61-09, File No. 090181, App. 4/17/2009; Ord. 25-11, File No. 101464, App. 2/24/2011; Ord. 140- 11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 35-12 , File No. 111305, App. 2/21/2012, Eff. 3/22/2012; Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 229-15 , File No. 151126, App. 12/22/2015, Eff. 1/21/2016; Ord. 129-17, File No. 170203, App.

6/30/2017, Eff. 7/30/2017; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 206-19, File No. 190048, App. 9/13/2019, Eff. 10/14/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 70-23, FIle No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 122-23, File No. 230371, App. 7/5/2023, Eff. 8/5/2023; Ord. 159-23, File No. 230732, App. 7/28/2023, Eff. 8/28/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 245-25 , File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026)

AMENDMENT HISTORY

Division (a)(1)(C) amended; Ord. 140-11, Eff. 8/4/2011. Division (f) amended; Ord. 196-11 , Eff. 11/3/2011. Division (a) (1)(B) amended; Ord. 35-12 , Eff. 3/22/2012. Section header, introductory paragraph, and divisions (a)(1), (a)(1)(B), and (a)(1)(C) amended; division (a)(1)(E) added; divisions (c)(3) and (f) amended; Ord. 42-13 , Eff. 4/27/2013. Divisions (a) (1)(C) and (c)(4) amended; Ord. 56-13 , Eff. 4/27/2013. Introductory paragraph and divisions (a)(1), (a)(1)(C), (a)(2), (c), and (c)(1) amended; Ord. 188-15 , Eff. 12/4/2015. Divisions (a)(1), (a)(1)(A), and (a)(1)(C) amended; Ord. 229-15 , Eff. 1/21/2016. Section header and divisions (a)(1) and (a)(1)(B)-(E) amended; Ord. 129-17, Eff. 7/30/2017. Section header amended; division (a)(1) amended and split into (a)(1) and new (a)(1)(A); new division (a)(1)(B) added; divisions (a)(1) (C) and (c) amended; Ord. 296-18 , Eff. 1/12/2019. New divisions (a)-(a)(4) added; introductory paragraph designated as division (b) and amended; former divisions (a)-(a)(2), (b), and (c) redesignated as (c)-(c)(3), (d), and (e); former division (c)(4)(C) deleted; current divisions (c)(1)-(c)(2)(A), (c)(2)(D), (c)(3), (d), (e), and (e)(2)-(e)(4)(B) amended; new division (f) added; former divisions (d)-(g) redesignated as (g)-(j); current divisions (g)-(h)(1)(A) and (h)(2) amended; Ord. 206-19 , Eff. 10/14/2019. Divisions (c)(2)(A)-(E) redesignated as (c)(2)(A)-(G) to eliminate duplicate designations; current divisions (c)(2)(C)-(E), (c)(2)(G), (e), and (e)(2) amended; Ord. 63-20, Eff. 5/25/2020. Section header and divisions (c)(2) (A) and (e) amended; Ord. 70-23, Eff. 6/3/2023. Section header and divisions (c)(2) and (c)(2)(E) amended; division (c) (2)(H) added; Ord. 122-23, Eff. 8/5/2023, and Ord. 159-23, Eff. 8/28/2023. Divisions (c)(1)-(c)(2)(B), (c)(3), (e)-(e)(4) (B), and related images deleted; new divisions (c)(1)-(2) and (d) added; divisions (c)(2)(C)-(G) redesignated as (d)(1)-(5); former division (d) redesignated as (e); division (f) amended; divisions (h)- (h)(2)(D) and undesignated paragraph deleted; new divisions (h)-(h)(4) and undesignated paragraph added; Ord. 248-23, Eff. 1/14/2024. Division (d)(2) amended; Ord. 33-24, Eff. 3/23/2024. Division (f) amended; Ord. 62-24, Eff. 4/28/2024. Division (b) amended; divisions (k)- (k)(2) added; Ord. 297-24, Eff. 1/19/2025. Section header and divisions (b), (c)(1), (d)(1)-(2), and (f) amended; division (d)(H) redesignated as (d)(6); division (l) added; Ord. 245-25 , Eff. 1/12/2026. Division (d)(3) amended; Ord. 13-26, Eff. 3/16/2026.

(See Interpretations related to this Section.)

Except as provided in Sections 134.1, 172, and 188 of this Code, usable open space shall be provided for each dwelling and each group housing structure in R, NC, C, Mixed Use, and M Districts according to the standards set forth in this Section 135 unless otherwise specified in specific district controls elsewhere in this Code.

(a) Character of Space Provided. Usable open space shall generally 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, 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). “Privately-owned public open space,” only allowed in DTR and Eastern Neighborhood Mixed Use under this Section, shall mean an area of areas designed for use of the general public while owned and maintained by private owners as described in Section 138..2 For senior housing, usable open space requirements are set forth in subsection (d)(3) below.

(b) Access. 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 directly 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 such 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.

(c) Permitted Obstructions. In the calculation of either private or common usable open space, those obstructions listed in Sections 136 and 136.1 of this Code for usable open space shall be permitted. Additionally, required common useable open space may be partially used for the provision of open space associated with an on-site Child Care Facility as follows:

(1) The open space shall meet all state licensing requirements;

(2) Not more than 50% of a single common open space may be used by the Child Care Facility; and

(3) The hours of use of the common open space by the Child Care Facility are limited to Monday through Friday, 9 am to 6 pm.

(d) Amount Required. Usable open space shall be provided for each building in the amounts specified herein and in Tables 135A and B for the district in which the building is located; provided, however, that (i) in the Downtown Residential (DTR) Districts, open space shall be provided in the amounts specified in Section 825, and (ii) in accordance with Section 210.5, usable open space shall not be required for Commercial to Residential Adaptive Reuse projects. In Neighborhood Commercial Districts, the amount of usable open space to be provided shall be the amount required in the nearest Residential District, but the minimum amount of open space required shall be in no case greater than the amount set forth in Table 135A for the district in which the building is located. The distance to each Residential District shall be measured from the midpoint of the front lot line or from a point directly across the street there from, whichever requires less open space.

(1) For dwellings other than those specified in Paragraphs (d)(2) through (d)(5) below, the minimum amount of usable open space to be provided for use by each dwelling unit shall be as specified in the second column of Table 135A if such usable open space is all private. Where common usable open space is used to satisfy all or part of the requirement for a dwelling unit, such common usable open space shall be provided in an amount equal to 1.33 square feet for each one square foot of private usable open space specified in the second column of Table 135A. In such cases, the balance of the required usable open space may be provided as private usable open space, with full credit for each square foot of private usable open space so provided.

(2) For group housing structures, SRO units, and dwelling units that measure less than 350 square feet plus a bathroom, the minimum amount of usable open space provided for use by each bedroom or SRO unit shall be one-third the amount required for a dwelling unit as specified in Paragraphs (d)(1) above and (d)(4) and (d)(5), below. For purposes of these calculations, the number of bedrooms on a lot 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.

(3) In all districts, for dwellings specifically designed for and occupied by senior citizens, as defined and regulated by Section 102.6.1 of this Code, the minimum amount of usable open space to be provided for use by each dwelling unit shall be one-half the amount required for each dwelling unit as specified in Paragraph (d)(1) above or 36 square feet, whichever is less. Notwithstanding 135(a), for these dwellings, “common usable open space” shall also include indoor community space, defined as indoor space that is not less than 10 feet wide in all directions at all points, is accessible to all residents of the building or site equally at no additional cost, is specifically configured and designed for leisure and/or recreational use, and shall not include any building circulation spaces, lobbies, or other building or resident support facilities not specifically intended for leisure and/or recreational use.

(4) DTR Districts. For all residential uses, 75 square feet of open space is required per dwelling unit. All residential open space must meet the provisions described in this Section unless otherwise established in this subsection or in Section 825 or a Section governing an individual DTR District. Open space requirements may be met with the following types of open space: "private usable open space" as defined in Section 135(a) of this Code, "common usable open space" as defined in Section 135(a) of this Code, and "publicly accessible open space" as defined in subsection (h) below. At least 40 percent of the residential open space is required to be common to all residential units. Common usable open space is not required to be publicly-accessible. Publicly-accessible open space, including off-site open space permitted by subsection (i) below and by Section 827(a)(9), meeting the standards of subsection (h) may be considered as common usable open space. For residential units with direct access from the street, building setback areas that meet the standards of Section 145.1 and the Ground Floor Residential Design Guidelines may be counted toward the open space requirement as private non-common open space.

(5) Eastern Neighborhoods Mixed Use Districts.

(A) Minimum amount.

(i) Dwelling units, excluding SRO dwelling units. The minimum amount of usable open space to be provided for use by each dwelling unit shall be as specified in Table 135B.

(ii) Group housing including SRO dwelling units. The minimum amount of usable open space provided for use by each bedroom shall be one-third the amount required for a dwelling unit as specified in Table 135B.

(B) Compliance.

(i) Privately-owned public open space. Usable open space requirements in these areas may be fulfilled by providing privately-owned public open space as specified in Table 135B.

(ii) Towers in the Central SoMa Special Use District. Residential developments taller than 160 feet shall provide on-site at least 36 square feet per unit or bedroom of the open space requirement of Table 135B. Any additional open space required pursuant to Table 135B may be satisfied through payment of the fee established in Section 427.

(iii) Payment in case of Variance or exception. Projects granted a usable open space Variance pursuant to Section 305 or an exception through Section 329 shall pay the fee established in Section 427 for each square foot of useable open space not provided.

(6) Homeless Shelters. Homeless Shelters, as defined in Section 102 of this Code, are exempt from the open space requirements described in this Section 135.

TABLE 135A

MINIMUM USABLE OPEN SPACE FOR DWELLING UNITS AND GROUP HOUSING OUTSIDE THE EASTERN NEIGHBORHOODS MIXED USE DISTRICT

TABLE 135A

MINIMUM USABLE OPEN SPACE FOR DWELLING UNITS AND GROUP HOUSING OUTSIDE THE EASTERN NEIGHBORHOODS MIXED USE DISTRICT

DTR This table not applicable. 75 square feet per dwelling. See Sec. 135(d)(4).

(1) In accordance with Section 210.5, usable open space shall not be required for Commercial to Residential Adaptive Reuse projects.

TABLE 135B

MINIMUM USABLE OPEN SPACE FOR DWELLING UNITS AND GROUP HOUSING IN THE EASTERN NEIGHBORHOODS MIXED USE DISTRICTS

Square feet of usable open space per dwelling Square feet of usable open space per dwelling Percent of open space that may be provided off unit, if not publicly accessible unit, if publicly accessible site 80 square feet 54 square feet 50%

(e) Slope. The slope of any area credited as either private or common usable open space shall not exceed 15%.

(f) Private Usable Open Space: Additional Standards.

(1) Minimum Dimensions and Minimum Area. Any space credited as private usable open space shall have a minimum horizontal dimension of three feet and a minimum area of 27 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. 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 135(g)(1) below.

(C) Areas within inner and outer courts, as defined by this Code, must either conform to the standards of subsection (f)(2)(B) or subsection (g)(2).

(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. In C-3 Districts, 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.

(g) Common Usable Open Space: Additional Standards.

(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 this Code, 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 in area. Exceptions from these requirements for certain qualifying historic buildings may be permitted, subject to the requirements and procedures of Section 307(h) of this Code.

(3) Use of Solariums. The area of a totally or partially enclosed solarium may be credited as common usable open space if the space is not less than 15 feet in every horizontal dimension and 300 square feet in area; and if such area is exposed to the sun through openings or clear glazing on not less than 30 percent of its perimeter and 30 percent of its overhead area.

(h) Publicly-Accessible Usable Open Space Standards. In DTR Districts and the Eastern Neighborhoods Mixed Use Districts, some or all of the usable open space requirements may be fulfilled by providing privately-owned public open space. Any space credited as publicly-accessible usable open space, where permitted or required by this Code, shall meet the following standards:

(1) Types of Open Space. Open space shall be of one or more of the following types:

(A) An unenclosed park or garden at street grade or following the natural topography, including improvements to hillsides or other unimproved public areas;

(B) An unenclosed plaza at street grade, with seating areas and landscaping and no more than 10 percent of the total floor area devoted to facilities for food or beverage service, exclusive of seating areas as regulated in Section 138(d);

(C) An unenclosed pedestrian pathway which complies with the standards of Section 270.2 and which is consistent with applicable design guidelines.

(D) Streetscape improvements with landscaping and pedestrian amenities that result in additional pedestrian space beyond the pre-existing sidewalk width and conform to the Better Streets Plan and any other applicable neighborhood streetscape plans pursuant to Section 138.1 or other related policies such as those associated with sidewalk widenings or building setbacks, other than those intended by design for the use of individual ground floor residential units; and

(2) Standards of Open Space. Open space shall meet the standards described in Section 138(d).

(3) Maintenance. Maintenance requirements for open space in these areas are subject to Section 138(h) of this Code.

(4) Informational Plaque. Signage requirements for open space in these areas are subject to Section 138(i) of this Code.

(5) Open Space Provider. Requirements regarding how to provide and maintain open space are subject to Section 138(f) of this Code.

(6) Approval of Open Space Type and Features. Approval of open space in these areas is subject to requirements of Section 138 ( )¹ of this Code.

(i) Off-Site Provision of Required Usable Open Space.

(1) Eastern Neighborhoods Mixed Use Districts. In the Eastern Neighborhoods Mixed Use Districts, the provision of off-site publicly accessible open space may be credited toward the residential usable open space requirement, 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 shall be within the following distance of the principal project: for principal projects that are not within the Central SoMa SUD such space shall be within 800 feet of said principal project; for principal projects that are within the Central SoMa SUD, the space shall be within the Central SoMa Plan Area or no greater than ¼-mile outside the Central SoMa Plan Area boundary, without regard to distance from the principal project. The distance between the principal project and the offsite open space shall be measured by the direct distance between the closest boundary of the principal project or, as applicable the closest edge of the Central SoMa Plan Area boundary, and the closest boundary of the off-site open space. No more than 50 percent of a project’s required usable open space shall be off-site. 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.

(2) DTR Districts. In DTR Districts the provision of off-site publicly accessible open space may be counted toward the requirements of residential open space per the procedures of Section 309.1 provided 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, and meets the standards of subsection (h).

(A) On Site. At least 36 square feet per residential unit of required open space must be provided on-site. Pursuant to the procedures of Section 309.1, the Planning Commission may reduce the minimum on-site provision of required residential open space to not less than 18 square feet per unit in order to both create additional publicly-accessible open space serving the district and to foster superior architectural design on constrained sites.

(B) Open Space Provider. The open space required by this Section may be provided individually by the project sponsor or jointly by the project sponsor and other project sponsors, provided that each square foot of jointly developed open space may count toward only one sponsor's requirement. With the approval of the Planning Commission, a public or private agency may develop and maintain the open space, provided that (i) the project sponsor or sponsors pay for the cost of development of the number of square feet the project sponsor is required to provide, (ii) provision satisfactory to the Commission is made for the continued maintenance of the open space for the actual lifetime of the building giving rise to the open space requirement, and (iii) the Commission finds that there is reasonable assurance that the open space to be developed by such agency will be developed and open for use by the time the building, the open space requirement of which is being met by the payment, is ready for occupancy.

(3) Ocean Avenue NCT. In the Ocean Avenue NCT District, the provision of off-site publicly accessible open space may be credited toward the residential usable open space requirement subject to the procedures of Section 303. Any such open space shall meet the publicly accessible open space standards set forth in Section 135(h) and be provided within 800 feet of the project. No more than 50 percent of a project's usable open space requirement may be satisfied off-site. 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.

(4) Historic Buildings. For a landmark building designated per Article 10 of this Code, a contributing building located within a designated historic district per Article 10, or any building designated Category I-IV per Article 11 of this Code, the provision of off-site publicly accessible open space may be credited toward the residential usable open space requirement subject to the procedures of Section 307(h) of this Code.

(Amended by Ord. 414-85, App. 9/17/85; Ord. 532-85, App. 12/4/85; Ord. 69-87, App. 3/13/87; Ord. 131-87, App. 4/24/87; Ord. 445-87, App. 11/12/87; Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90; Ord. 368-94, App. 11/4/94; Ord. 262-00, File No. 001426, App. 11/17/2000; Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 61-09, File No. 090181, App. 4/17/2009; renumbered by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 310-10, File No. 101194, App. 12/16/2010; Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 35-12 , File No. 111305, App. 2/21/2012, Eff. 3/22/2012; Ord. 188-12 , File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 228-12 , File No. 120220, App. 11/14/2012, Eff. 12/14/2012; Ord. 242-12 , File No. 120996, App. 12/7/2012, Eff. 1/6/2013; Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 227-14 , File No. 120796, App. 11/13/2014, Eff. 12/13/2014; Ord. 232-14 , File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 47-21, File No. 201175, App. 4/16/2021, Eff. 5/17/2021; Ord. 122-23, File No. 230371, App. 7/5/2023, Eff. 8/5/2023; Ord. 159-23, File No. 230732, App. 7/28/2023, Eff. 8/28/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

AMENDMENT HISTORY

Division (d) amended; Ord. 196-11 , Eff. 11/3/2011. Table 135A amended; Ord. 35-12 , Eff. 3/22/2012. Division (d)(2) amended; Ord. 188-12 , Eff. 10/11/2012. Divisions (a), (d)(5), (h), and (h)(1) through (5) amended; former divisions (h)(2) (A) through (I) deleted; division (h)(6) added; Ord. 228-12 , Eff. 12/14/2012. Division (d)(3) amended; division (d)(6) added; Ord. 242-12 , Eff. 1/6/2013. Table 135A amended; Ord. 42-13 , Eff. 4/27/2013. Table 135A amended; Ord. 227-14 , Eff. 12/13/2014. Divisions (d), (d)(3), (g)(2), (i)(2)(A), and Table 135A amended; division (i)(4) added; Ord. 232-14 , Eff. 12/26/2014. Division (d)(7) added; Ord. 14-15 , Eff. 3/15/2015. Division (c) amended; divisions (c)(1) through (3)

added; Ord. 189-17, Eff. 10/15/2017. Undesignated introductory material amended; division (d)(5) amended and redesignated as (d)(5)-(d)(5)(B)(i); divisions (d)(5)(B)(ii)-(iii) added; Table 135A amended; divisions (h)(1)(B), (h)(1)(D), and (h)(2) amended; Ord. 296-18, Eff. 1/12/2019. Divisions (h)(6) and (i)(1) amended; Ord. 47-21, Eff. 5/17/2021. Division (d) and Table 135A amended; table note (1) added; Ord. 122-23, Eff. 8/5/2023, and Ord. 159-23, Eff. 8/28/2023. Divisions (f)(1), (f)(2), (f)(2)(C), and (g)(2) amended; Ord. 248-23, Eff. 1/14/2024. Divisions (a), (d)(3), (e), and Table 135A amended; divisions (d)(6)-(d)(6)(C) deleted; division (d)(7) redesignated as (d)(6); Ord. 245-25, Eff. 1/12/2026. CODIFICATION NOTES

1. So in Ord. 47-21.

2. So in Ord. 245-25.

Editor's Note:

Former division (j) of this section was redesignated as Sec. 427 by Ord. 108-10.

(See Interpretations related to this Section.)

(Amended by Ord. 414-85, App. 9/17/85; Ord. 69-87, App. 3/13/87; Ord. 463-87, App. 11/19/87; Ord. 115-90, App. 4/6/90; Ord. 219-02, File No. 020493, App. 11/8/2002; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011; Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 195-18, File No. 180268, App. 8/10/2018, Eff. 9/10/2018; Ord. 43- 2, File No. 190454, App. 3/20/2020, Eff. 4/20/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 5323, File No. 210585, App. 4/21/2023, Eff. 5/22/2023; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 146-25, File No. 250284, App. 8/5/2025, Eff. 9/5/2025; Ord. 10-26, File No. 250887, App. 2/13/2026, Eff. 3/16/2026)

AMENDMENT HISTORY

Division (c)(12) amended; former division (c)(28) deleted; Ord. 63-11, Eff. 5/7/2011. Divisions (d)(1)(A) and (B) amended; Ord. 182-12 , Eff. 9/7/2012. Division (c)(12) amended; Ord. 56-13 , Eff. 4/27/2013. Division (c)(12) amended; Ord. 22-15, Eff. 3/22/2015. Nonsubstantive change; Ord. 188-15 , Eff. 12/4/2015. Division (c)(32) added; Ord. 195-18, Eff. 9/10/2018. Divisions (a)(1), (b), and (c)(1) amended; divisions (c)(1)(A)-(C) deleted; Ord. 43-2, Eff. 4/20/2020. Division (a)(1) amended; Ord. 136-21, Eff. 9/4/2021. Division (c)(33) added; Ord. 53-23, Eff. 5/22/2023. Division (c)(24) (B) amended; Ord. 33-24, Eff. 3/23/2024. Divisions (c)(32)-(33) amended; division (c)(34) added; Ord. 62-24, Eff. 4/28/2024. Divisions (c)(24)(C)-(c)(24)(C)(ii) amended; Ord. 297-24, Eff. 1/19/2025. Division (c)(23) amended; Ord. 146-25, Eff. 9/5/2025. Division (c)(30) amended; Ord. 10-26, Eff. 3/16/2026. CODIFICATION NOTE

1. So in Ord. 43-2.

In C-3 Districts, modifications and improvements of plazas, arcades, and/or sidewalks designed to make the spaces more attractive and useful may be approved, in accordance with the provisions of Section 309, by application of the standards contained in and the guidelines adopted pursuant to Section 138 and Section 138.1 of this Code and the objectives and policies of the Downtown Plan, a component of the General Plan, or any amendment thereto, notwithstanding the fact that such modifications and improvements would not have been permitted under former Sections 126(b)(5) and (b)(7) of this Code.

(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 314-95, App. 10/6/95; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015)

AMENDMENT HISTORY

Section amended; Ord. 188-15 , Eff. 12/4/2015.

(See Interpretations related to this Section.)

(a) Applicability. The following projects shall provide open space in the amount and in accordance with the standards set forth in this Section:

(1) In C-3 Districts, any project proposing new construction of a Non-Residential building or an addition of Gross Floor Area equal to 20% or more of an existing Non-Residential building. Institutional and Residential Uses in C-3 Districts are exempt from the requirements of this Section 138.

(2) In the Central SoMa Special Use District, any project proposing new construction or an addition of 50,000 gross square feet or more of Non-Residential use. Retail, Institutional, and PDR uses in the Central SoMa Special Use District are exempt from the requirements of this Section 138.

(b) Amount Required. Open space shall be provided in the amounts specified in Table 138.

(c) Location. The open space required by this Section may be on the same site as the project for which the permit is sought, or within 900 feet of it on either private property or, with the approval of all relevant public agencies, public property, provided that all open space required by this Section for a project within the C-3 District shall be located entirely within the C-3 District. Projects within the Central SoMa Special Use District may provide the open space required by this Section 138 within one-half mile of the project if the required open space is on publicly-owned land underneath or adjacent to the I-80 freeway. Open space is within 900 feet of the building for which the permit is sought within the meaning of this Section 138 if any portion of the project is located within 900 feet of any portion of the open space. Offsite open space shall be developed and open for use prior to issuance of a first certificate of occupancy, as defined in

Section 401 of this Code, of the project whose open space requirement is being met off-site. Failure to comply with the requirements of this subsection (c) shall be grounds for enforcement under this Code, including but not limited to the provisions of Sections 176 and 176.1.

(d) Types and Standards of Open Space.

(1) C-3 Districts. In C-3 Districts, except as otherwise provided in subsection (f), the project may satisfy the requirements of this Section by providing one or more of the following types of open space: 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, in an arcade, in a public street or alley, or in a pedestrian mall or walkway, as more particularly defined in the table entitled “Guidelines for Open Space” in the Open Space Section of the Downtown Plan, or any amendments thereto, provided that the open space meets the following minimum standards. The open space shall:

• (A) Be of adequate size;

• (B) Be situated in such locations and provide such ingress and egress as will make the area easily accessible to the general public;

• (C) Be well-designed, and where appropriate, be landscaped;

• (D) Be protected from uncomfortable wind;

• (E) Incorporate various features, including ample seating and, if appropriate, access to food service, which will enhance public use of the area;

• (F) Have adequate access to sunlight if sunlight access is appropriate to the type of area;

• (G) Be well-lighted if the area is of the type requiring artificial illumination;

• (H) Be open to the public at times when it is reasonable to expect substantial public use;

• (I) Be designed to enhance user safety and security;

• (J) If the open space is on private property, provide toilet facilities open to the public; and

• (K) Have at least 75 percent of the total open space approved be open to the public during all daylight hours.

• (2) Central SoMa Special Use District. In the Central SoMa Special Use District, a project shall satisfy the requirements listed below, as well as the approval process described in subsection (e):

• (A) Projects shall meet the minimum standards of subsection (1).

• (B) Projects may provide open spaces outdoors or indoors, subject to Commission review pursuant to subsection

• (e) below or may pay the in-lieu fee as set forth in Section 426, except that development on sites of 40,000 square feet or more and located south of Bryant Street shall provide the required open space outdoors and may not pay an in-lieu fee.

• (C) All open space provided shall be at street grade up to an amount that equals 15 percent of the lot area. Any additional required open space may be provided above street grade.

• (D) All open space shall be publicly accessible, at a minimum, from 7AM to 6PM every day.

• (E) All outdoor open space provided at street grade, except space provided underneath the I-80 freeway, shall meet the following requirements:

• (i) The open space shall be open to the sky, except for obstructions permitted by Section 136 and up to 10% of space that may be covered by a cantilevered portion of the building if the space has a minimum height of 20 feet;

• (ii) Any buildings on the subject property that directly abut the open space shall meet the active space requirements of Section 145.1; and

(iii) The open space shall be maximally landscaped with plantings on horizontal and vertical surfaces, subject to the appropriate design for circulation routes and any recreational or public amenities provided. Such plantings may include, but are not limited to living walls, stormwater gardens, and drought-tolerant landscaping.

• (F) All indoor open spaces provided at street grade shall:

• (i) Have a minimum area of 2,500 square feet;

• (ii) Have a minimum floor-to-ceiling height of 20 feet for at least 75% of the space;

• (iii) Provide openings directly to a sidewalk or other publicly-accessible outdoor space and, weather permitting, be accessible without the need to open doors;

(iv) Be situated, designed, and programmed distinctly from building lobbies or other private entrances to the building;

(G) Projects shall make efforts to include at least one publicly-accessible potable water source convenient for drinking and filling of water bottles.

(H) Any food service area provided in the required open space shall occupy no more than 20% of the open space;

(I) Any restaurant seating shall not take up more than 20% of the seating and tables provided in the required open space; and

(J) All spaces shall facilitate three-stream waste sorting and collection.

(e) Approval of Open Space Type and Features.

(1) In C-3 Districts, the type, size, location, physical access, seating and table requirements, landscaping, availability of commercial services, sunlight and wind conditions and hours of public access shall be reviewed and shall generally conform to the “Guidelines for Open Space” in the Open Space Section of the Downtown Plan, or any amendments thereto.

The Commission may, by resolution, declare certain types of open space ineligible to meet the requirements of this Section 138, either throughout C-3 Districts or in certain defined areas, if it determines that a disproportionate number of certain types of open space or an insufficient number of parks and plazas is being provided to meet the public need for open space and recreational uses. Such resolution may exempt from its application projects whose permit applications are on file with the Planning Department.

Over time, no more than 20 percent of POPOS in the C-3 Districts shall be indoor space and at least 80 percent shall be outdoor space. Once an indoor space has been approved, another such feature may not be approved until the total square footage of outdoor open space features approved under this subsection exceeds 80 percent of the total square footage of all open spaces approved under this subsection.

(2) In the Central SoMa Special Use District, all determinations concerning the adequacy of the location, amount, amenities, design, and implementation of open space required by this Section shall be made in accordance with the provisions of Section 329 and subsection (d)(2), above. As part of this determination, the Planning Commission shall consider the ability of the open space to meet the open space, greening, and community needs of the neighborhood, as follows:

(A) Location. The provision of outdoor space, including off-site, should be given preference over the provision of indoor space and/or the payment of the in-lieu fee. The Commission may approve the provision of indoor space and/or the payment of the in-lieu fee only where the provision of outdoor space would:

(i) Be subject to substantially negative or unpleasant environmental conditions, such as noise, wind, or lack of access to direct sunlight; and/or

(ii) Where provision of the open space outdoors would substantially degrade the street wall or otherwise undermine the pedestrian experience.

(B) Amenities. The type of amenities provided shall take into consideration and complement the amenities currently and foreseeably provided in nearby publicly-accessible open spaces and recreational facilities, both publicly and privately owned, with a preference given to provision of amenities and types of spaces lacking or over-utilized in the area.

(C) Community Needs. The Commission shall consider the extent to which the open space serves the open space and recreational needs of the diverse inhabitants of the Central SoMa Special Use District, including but not limited to residents, youth, families, workers, and seniors.

(f) Open Space Provider. The open space required by this Section may be provided individually by the project sponsor or jointly by the project sponsor and other project sponsors, provided, that each square foot of jointly developed open space may count toward only one sponsor’s requirement. With the approval of the Planning Commission, a public or

private agency may develop and maintain the open space, provided that (i) the project sponsor or sponsors pay for the cost of development of the number of square feet the project sponsor is required to provide, (ii) provision satisfactory to the Commission is made for the continued maintenance of the open space for the actual lifetime of the building giving rise to

the open space requirement, and (iii) the Commission finds that there is reasonable assurance that the open space to be developed by such agency will be developed and open for use by the time the building, the open space requirement of which is being met by the payment, is ready for occupancy. Property owners providing open space under this section will hold harmless the City and County of San Francisco, its officers, agents and employees, from any damage or injury caused by the design, construction, use, or maintenance of open space. Property owners are solely liable for any damage or loss occasioned by any act or negligence in respect to the design, construction, use, or maintenance of the open space.

Operation and maintenance of this open space shall be memorialized by a POPOS Operations Strategy developed by the Project Sponsor or Open Space Provider; a draft of said strategy shall be presented to the Planning Commission where a Large Project Authorization under Planning Code Section 329 applies. In all cases, said strategy shall be finally approved by the Director prior to Planning Department approval of a site or building permit.

(g) Nonresidential/Residential Open Space. In mixed nonresidential/residential projects, open space which meets the requirements of Section 135 regarding common usable open space for residential uses, and the requirements of Section 138 regarding open space for nonresidential uses, may be counted against the open space requirements of both Sections 135 and 138.

(h) Maintenance. Open spaces shall be maintained at no public expense. The owner of the property on which the open space is located shall maintain it by keeping the area clean and free of litter and keeping in a healthy state any plant material that is provided. Conditions intended to assure continued maintenance of the open space for the actual lifetime of the building giving rise to the open space requirement may be imposed in accordance with the provisions of Section 309.

(i) Informational Plaque. Prior to issuance of a permit of occupancy, one or more plaques shall be designed and placed in publicly conspicuous locations as described in this subsection.

• (1)1 The plaques shall:

• (A) state the right of the public to use the space; and

• (B) state the hours of use; and

• (C) describe its principal required features (e.g., number of seats, uses and/or other defining features); and

• (D) state the current name, telephone number, and postal address of the owner or owner's agent responsible for public access and maintenance; and

• (E) describe the type of open space; and,

(F) state the location of the open space, and, in cases where that space is not visible from a major sidewalk, include directions to the open space.

• (2) In terms of design and appearance, the plaque shall:

• (A) include the standard Privately-owned public open space logo developed by the Planning Department; and

• (B) follow the Zoning Administrator Bulletin 8 for POPOS Informational Plaques in terms of detailed dimensions, font type and size, color, and other graphics ; and

• (C) be developed using the POPOS signage design toolkit provided by the Planning Department; and

• (D) be made of opaque, non-reflective material, and provide a clear contrast between the lettering and the background; and

• (3) The plaque shall be located as follows:

(A) Exterior. If the open space is located outside of a building and is at least partially adjacent to a public sidewalk, a plaque shall be placed on each building face adjacent to the space. Each plaque shall be located as close as possible to the nearest adjacent public sidewalk, but in no case shall any portion of each plaque be located more than five feet from the nearest sidewalk. Alternately, a plaque may be attached to an improvement within the open space or a free standing post so long as the entire plaque is located within five feet of and is clearly visible from an adjacent public sidewalk.

(B) If the open space is located inside a building, or if the open space is located outside a building but is primarily accessed through a building, or if the open space is not otherwise easily visible from the nearest public sidewalk, a plaque shall be placed within five feet of each pedestrian entrance to the building on the outside wall (exclusive of service, emergency, maintenance and related entrances). The plaque shall describe the location of the open space and provide

directions on how to get to the space, way-finding signs shall also be placed within the building (e.g., in the lobby and at the elevator) clearly indicating the path to the open space.

(4) The plaque shall be placed so that the midpoint of the plaque is positioned at a height between four and one-half to six feet above grade level; and

(5) Existing POPOS. Existing POPOS shall comply with the current signage requirements contained in this subsection (i) and in the Zoning Administrator Bulletin referred to in subsection (i)(2)(B) whenever:

(A) the project seeks new approvals that trigger compliance with the signage requirements; or

(B) the existing signage is not in compliance with the requirements in effect at the time of a prior project approval;

or

(C) the existing signage requires alteration in order to comply with Federal or State requirements for directional and informational signs.

(j) Notwithstanding the requirements established in subsections (b)-(d) above, the following additional standards shall apply in the C-3-O(SD) district:

(1) Public connections directly to the rooftop park on the Transbay Transit Center from adjacent buildings shall be counted toward the open space required per subsection (b) above provided that they meet all the following criteria:

(A) Such connections shall provide both horizontal connection (i.e. pedestrian bridge) from the subject

development lot to the Transit Center Park as well as vertical connection to access such park connection from a publiclyaccessible space at street level;

(B) Such connections described in (A), both vertical and horizontal, and any related circulation spaces, shall be publicly-accessible at any time the Transit Center park is open to the public;

(C) Horizontal connections shall have a minimum clear walking path of 12 feet;

(D) The project sponsor shall provide a letter, prior to project approval subject to Section 309, from the Executive Director of the Transbay Joint Powers Authority or any successor agency or agencies with jurisdiction over the Transit Center park indicating tentative approval of the horizontal connection as designed;

(E) Any vertical connection shall be clearly and prominently signed from a public sidewalk or public space as described in (A) above, and shall feature an informational plaque meeting the standards in subsection (i) above and further established in the "Guidelines for Open Space."

(F) The square footage equivalency of such park connections for the purpose of meeting Section 138 open space requirements shall be calculated to include:

(i) The area of the bridge structure from face of building to furthest point of connection on the rooftop park; (ii) The area set aside for public circulation on or adjacent to the development lot, within or outside of the building envelope, that provides access to the park connection and is not otherwise necessary for general building circulation;

(iii) The area on any floor devoted to vertical circulation dedicated specifically to provide public access to the park connection, except for any features that are otherwise necessary for the general circulation or support of the building; and

(iv) An additional 5,000 square feet bonus.

(G) Approval of such connections by the Planning Department or Commission is conditioned on obtaining the necessary easements, permits or approvals otherwise required by other governmental agencies or authorities.

(H) Such connections must satisfy all applicable permit and governmental approval requirements and be completed and available for public use prior to issuance of the first Temporary Certificate of Occupancy for the project.

(I) Building connections that are designed primarily to provide access to the rooftop park for tenants of the subject building and not to either provide public access through the subject building to the park or to provide public access to retail in the subject building at the level of the park shall not be eligible for credit toward open space required under this Section.

(2) Any observation deck or sky lobby or similar space of public accommodation on any story above a height of 600 feet that is open to the general public shall be counted toward the open space required by subsection (b). Such spaces shall not include any space that requires a fee for access, a bar, restaurant or other primarily-commercial use, except that a space qualifying under this subsection may include ancillary retail or eating and drinking activities not to exceed 50% of the publicly-accessible floor area of such space.

(3) Any mid-block public pedestrian pathway that meets the design criteria of Section 270.2(e) whether required or not, shall be counted toward the open space required by subsection (b), except that any mid-block pathway constructed on Assessor's Block 3721 connecting Howard and Natoma Streets need not be open to the sky provided that it has vertical clearance of at least 25 feet, is open to the public at all times, and is open to the air at both ends such that it does not require opening of doors for access.

(4) In-lieu of providing open space per the requirements of this Section 138, developments in the C-3-O(SD) District may pay the fee as described in Section 426(b).

(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 228-12 , File No. 120220, App. 11/14/2012, Eff. 12/14/2012; Ord. 232-14 , File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 47-21, File No. 201175, App. 4/16/2021, Eff. 5/17/2021; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026)

AMENDMENT HISTORY

Division (b) amended; division (j) added; Ord. 182-12 , Eff. 9/7/2012. Section header and divisions (c), (f), (h) and (i) amended; divisions (i)(1)1 through (5) added; Ord. 228-12 , Eff. 12/14/2012. Divisions (b), (d), and (e) amended; Ord. 232-14 , Eff. 12/26/2014. Divisions (a) and (b) amended; Ord. 188-15 , Eff. 12/4/2015. Section header and divisions (a)- (e) amended; divisions (a)(1), (e)(1), and Table 138 designated; divisions (d)-(d)(11) redesignated as divisions (d)-(d)(1) (K); divisions (a)(2), (d)(2)-(d)(2)(J), and (e)(2)-(e)(2)(C) added; Ord. 296-18 , Eff. 1/12/2019. Divisions (a)(1) and (c) amended; Ord. 63-20 , Eff. 5/25/2020. Divisions (f) and (j)(4) amended; Ord. 47-21 , Eff. 5/17/2021. Division (e)(1) amended; Ord. 13-26 , Eff. 3/16/2026.

CODIFICATION NOTE

1. The designation of the subdivisions of division (i) was corrected by the codifier.

(a) Purpose. The purpose of this Section is to establish Bird-Safe Standards for new building construction and replacement facades to reduce bird mortality from circumstances that are known to pose a high risk to birds and are considered to be "bird hazards." The two circumstances regulated by this Section are 1) location-related hazards, where the siting of a structure creates increased risk to birds and 2) feature-related hazards, which may create increased risk to birds regardless of where the structure is located. Location-related hazards are created by structures that are near or adjacent to large open spaces and/or water. When structures are located in such an area, the portion of the structure most likely to sustain bird-strikes requires facade treatments. Even if a structure is not located near a locational hazard, particular building features also may create a hazard for birds. Structures that create such a feature-related hazard are required to treat all of the feature-related hazard. While these controls do not apply retroactively, the purpose of these controls is to ensure that new construction is bird-safe and to decrease existing bird-hazards over time.

(b) Definitions.

(1) Bird-Safe Glazing Treatment. Bird-Safe Glazing Treatment may include fritting, netting, permanent stencils, frosted glass, exterior screens, physical grids placed on the exterior of glazing or UV patterns visible to birds. To qualify as Bird-Safe Glazing Treatment vertical elements of window patterns should be at least 1/4 inch wide at a maximum spacing of 4 inches or horizontal elements at least 1/8 inch wide at a maximum spacing of 2 inches.

(2) Bird Hazard. Specific circumstances that create a hazard for birds due to either the location of the building or due to specific building features that increase the risk of bird-building collisions as described under (c) below.

(c) Controls. The following Bird-Safe Standards shall apply to: 1) new construction, 2) building additions that create a Bird Hazard, or 3) the replacement of 50% or more of the glazing on an existing Bird Hazard. Additions to existing buildings subject to this subsection are required only to treat the new building addition. Bird Hazards consist of: 1) location-related hazards and 2) feature-related hazards and the standards specified below shall apply to structures that present these hazards. These controls shall apply to all structures subject to this Section regardless of whether the ownership or use is public or private.

(1) Location-Related Standards. These standards apply to buildings located inside of open spaces two acres and larger dominated by vegetation, including vegetated landscaping, forest, meadows, grassland, or wetlands, or open water (hereinafter an Urban Bird Refuge). These standards also shall apply to buildings less than 300 feet from an Urban Bird Refuge if such buildings are in an unobstructed line to the refuge. The standards are as follows:

(A) Facade Requirement. Bird-Safe Glazing Treatment is required such that the Bird Collision Zone, as defined below, facing the Urban Bird Refuge consists of no more than 10% untreated glazing. Building owners are encouraged to concentrate permitted transparent glazing on the ground floor and lobby entrances to enhance visual interest for pedestrians. The Bird Collision Zone shall mean the portion of buildings most likely to sustain bird-strikes from local and migrant birds in search of food and shelter and includes:

(i) The building facade beginning at grade and extending upwards for 60 feet, or

(ii) Glass facades directly adjacent to landscaped roofs 2 acres or larger and extending upwards 60 feet from the level of the subject roof.

(B) Lighting. Minimal lighting shall be used. Lighting shall be shielded. No uplighting shall be used. Event searchlights are prohibited on property subject to these controls.

(C) Wind Generation. Wind generators in this area shall comply with the Planning Department's permitting requirements, including any monitoring of wildlife impacts that the Department may require.

(2) Feature-Related Standards. Feature-related hazards include free-standing glass walls, wind barriers, skywalks, balconies, and greenhouses on rooftops that have unbroken glazed segments 24 square feet and larger in size. Featurerelated hazards can occur throughout the City. Any structure that contains these elements shall treat 100% of the glazing on Feature-Specific hazards.

(3) Exceptions. Certain exceptions apply to this Section as set forth below.

(A) Certain Exceptions for Location-Related Standards to be Applied to Residential Buildings Within R- Districts.

(i) Limited Glass Facade. Residential buildings within R- Districts that are less than 45 feet in height and have an exposed facade comprised of less than 50% glass are exempt from new or replacement facade glazing requirements included in Section 139(c)(1) Location-Related Standards.

(ii) Substantial Glass Facade. Residential buildings that are less than 45 feet in height but have a facade with surface area composed of more than 50% glass, shall provide glazing treatments as described in Section 139(c)(1)(A) for 95% of all large, unbroken glazed segments that are 24 square feet and larger.

(B) General Exceptions for Historic Buildings. Treatment of replacement glass facades for structures designated as City landmarks or within landmark districts pursuant to Article 10 of the Planning Code, or any building Category I-IV or Category V within a Conservation District pursuant to Article 11 of the Planning Code, shall conform to Secretary of Interior Standards for Rehabilitation of Historic Properties. Reversible treatment methods such as netting, glass films, grates, and screens are recommended. Netting or any other method demonstrated to protect historic buildings from pest species that meets the Specifications for Bird-Safe Glazing Treatment stated above also may be used to fulfill the requirement.

(C) General Waivers and Modifications. The Zoning Administrator may either waive the requirements contained within Section 139(c)(1) and Section 139(c)(2) or modify such requirements to allow equivalent Bird-Safe Glazing Treatments upon the recommendation of a qualified biologist.

(Added by Ord. 199-11 , File No. 110785, App. 10/7/2011, Eff. 11/6/2011; amended by Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013)

(Former Sec. 139 added by Ord. 414-85, App. 9/17/85; amended by Ord. 76-03, File No. 020592, App. 5/2/2003; Ord. 1805, File No. 040731, App. 1/21/2005; renumbered as new Sec. 412.1-412.6 by Ord. 108-10, File No. 091275, App. 5/25/2010)

AMENDMENT HISTORY

Divisions (b)(1) and (c)(1)(B) amended; Ord. 56-13 , Eff. 4/27/2013.

(See Interpretations related to this Section.)

(a) Requirements for Dwelling Units. In each Dwelling Unit in any use district, the required windows (as defined by Section 504 of the San Francisco Housing Code ) of at least one room that meets the 120-square-foot minimum superficial floor area requirement of Section 503 of the Housing Code shall face directly onto an open area of one of the following types:

(1) A public street, public alley at least 20 feet in width, side yard at least 25 feet in width, or rear yard meeting the requirements of this Code; provided, that if such windows are on an outer court whose width is less than 25 feet, the depth of such court shall be no greater than its width; or

(2) An open area (whether an inner court or a space between separate buildings on the same lot) which is unobstructed (except for fire escapes not projecting more than necessary for safety and in no case more than four feet six inches, chimneys, and those obstructions permitted in subsections 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.

(3) In accordance with Section 210.5, this Section 140 shall not apply to Commercial to Residential Adaptive Reuse projects.

(b) Requirements for Group Housing. For group housing projects, either each bedroom or at least one interior common area that meets the 120 square-foot minimum superficial floor area requirement of Section 503 of the Housing Code shall include windows meeting the requirements of subsections (a)(1) or (a)(2) above. The requirements of this subsection (b) may be waived by the Zoning Administrator per Section 307(m) of this Code.

(c) Exceptions.

(1) For historic buildings identified in Section 307(h), and for the conversion of a nonconforming use in an existing building to a Residential Use in a district where the Residential Use is principally permitted, the requirements of this Section 140 may be modified or waived pursuant to the procedures and criteria set forth in Sections 307(h) and 329. This administrative exception does not apply to new additions to historic buildings.

(2) For Accessory Dwelling Units, the requirements of this Section 140 may be modified or waived pursuant to the procedures and criteria set forth in Sections 307(l) and 207.1.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 115-90, App. 4/6/90; Ord. 368-94, App. 11/4/94; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 232-14 , File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. 164-15 , File No. 150348, App. 9/23/2015, Eff. 10/23/2015, Retro. 5/20/2015; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 195-18, File No. 180268, App. 8/10/2018, Eff. 9/10/2018; Ord. 296-18, File No. 180184, App.

12/12/2018, Eff. 1/12/2019; Ord. 122-23, File No. 230371, App. 7/5/2023, Eff. 8/5/2023; Ord. 159-23, File No. 230732, App. 7/28/2023, Eff. 8/28/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024)

AMENDMENT HISTORY

[Former] division (b) amended; Ord. 196-11 , Eff. 11/3/2011. Divisions (a), (a)(1), and [former] (b) amended; Ord. 232-14 , Eff. 12/26/2014. Division (a) amended; new division (b) added and former division (b) redesignated as (c); Ord. 164-15 , Eff. 10/23/2015. Diagram amended; other nonsubstantive changes; Ord. 188-15 , Eff. 12/4/2015. Division (c) content redesignated as (c)(1); division (c)(2) added; Ord. 195-18, Eff. 9/10/2018. Division (a) amended; Ord. 296-18, Eff. 1/12/2019. Division (a)(3) added; Ord. 122-23, Eff. 8/5/2023, and Ord. 159-23, Eff. 8/28/2023. Division (a)(2) amended; Ord. 248-23, Eff. 1/14/2024. Division (c)(2) amended; Ord. 62-24, Eff. 4/28/2024.

Editor's Note:

Ordinance 155-15 (File No. 150348, App. 8/6/2015, Eff. 9/5/2015) purported to amend this section. At the direction of the Office of the City Attorney, Ord. 155-15 was never codified (and accordingly is not referenced in the history notes above). Its provisions effectively were superseded by Ord. 164-15 (File No. 150348, App. 9/23/2015, Eff. 10/23/2015, Retro. 5/20/2015).

(See Interpretations related to this Section.)

(a) In R, NC, C, M, WMUG, WMUO, RED, RED-MX, SALI and Mixed Use Districts, rooftop mechanical equipment and appurtenances to be used in the operation or maintenance of a building shall be arranged so as not to be visible from any point at or below the roof level of the subject building. This requirement shall apply in construction of new buildings,

and in any alteration of mechanical systems of existing buildings that results in significant changes in such rooftop equipment and appurtenances. The features so regulated shall in all cases be either enclosed by outer building walls or parapets, or grouped and screened in a suitable manner, or designed in themselves so that they are balanced and integrated with respect to the design of the building. Minor features not exceeding one foot in height shall be exempted from this regulation.

(b) In C-3 Districts, whenever the enclosure or screening of the features listed in Section 260(b)(1)(A) and (B), will be visually prominent, modifications may, in accordance with provisions of Section 309, be required in order to insure that: (1) the enclosure or screening is designed as a logical extension of the building form and an integral part of the overall building design;

(2) its cladding and detailing is comparable in quality to that of the rest of the building;

(3) if enclosed or screened by additional volume, as authorized by Section 260(b), the rooftop form 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 or structure; and

(4) the additional building volume is not distributed in a manner which simply extends vertically the walls of the building.

(c) In Mixed Use Districts, mechanical equipment and appurtenances shall be enclosed in such a manner that:

(1) the enclosure is designed as a logical extension of the building form and an integral part of the overall building design;

(2) its cladding and detailing is comparable in quality to that of the rest of the building;

(3) if screened by additional volume, as authorized by Section 260(b), the rooftop form 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 or structure; and

(4) the additional building volume is not distributed in a manner which simply extends vertically the walls of the building.

(d) Off-street parking or freight loading spaces shall only be permitted on unenclosed rooftops when the parking area is screened with fencing, trellises and/or landscaped screening features such that parked vehicles cannot be easily viewed from adjacent buildings, elevated freeways or public vista points.

(Ord. 532-85, 1985; amended by Ord. 414-85, App. 9/17/85; Ord. 69-87, App. 3/13/87; Ord. 115-90, App. 4/6/90; Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 232-14 , File No. 120881, App. 11/26/2014, Eff. 12/26/2014) AMENDMENT HISTORY

Section header and division (a) amended; Ord. 42-13 , Eff. 4/27/2013. Section header and divisions (a) and (c) amended; Ord. 232-14 , Eff. 12/26/2014.

(See Interpretations related to this Section.)

Off-street parking and Vehicular Use Areas adjacent to the public right-of-way shall be screened as provided in this Section 142. Where an existing Automotive Use converts to an Electric Vehicle Charging Location, the requirements of this Section shall not apply.

(a) Screening of Parking and Vehicular Use Areas less than 25 Linear Feet Adjacent to a Public Right-of-Way.

(1) Every off-street parking space within a building, where not enclosed by solid building walls, shall be screened from view from all Streets and Alleys through use of garage doors or by some other means.

(2) Along rear yard areas and other interior open spaces, all off-street parking spaces, driveways and maneuvering areas within buildings shall be screened from view and confined by solid building walls.

(3) Off-street parking spaces in Parking Lots shall meet the requirements of Section 156 and other applicable provisions of Article 1.5 of this Code. Such parking areas shall be screened from view as provided in Section 156(c) of this Code.

(4) Off-street parking in driveways as permitted in Section 152.3 is not subject to the screening requirements of this Section 142.

(b) Vehicular Use Areas That Are Greater than 25 Linear Feet along the Public Right-of-Way. All lots containing Vehicular Use Areas where such area has more than 25 linear feet along any public right-of-way shall provide screening in accordance with the requirements of this Section 142 and the Ornamental Fencing definition in Section 102. The following instances shall trigger the screening requirements for these Vehicular Use Areas:

(1) Any existing Vehicular Use Area that is accessory to an existing Principal Use if such use expands Gross Floor Area equal to 20% or more of the Gross Floor Area of an existing building;

(2) Any repair, rehabilitation, or expansion of any existing Vehicular Use Area, if such repair, rehabilitation or expansion would increase the number of existing parking spaces by either more than 20% or by more than four spaces, whichever is greater; or

(3) The excavation and reconstruction of an existing Vehicular Use Area if such excavation and reconstruction involves the removal of 200 square feet or more of the asphalt, concrete or other surface devoted to vehicular use. This provision does not apply to the resurfacing due to emergency work to underground utilities if such work is intended to maintain safety or other public purpose beyond the control of the property owner.

(c) Perimeter Screening. All Vehicular Use Areas that are greater than 25 linear feet adjacent to the public right-ofway shall provide a screening feature around the perimeter of the lot adjacent to the public right-of-way. Screening shall add to the visual diversity of the use and need not be an opaque barrier. This feature shall be at least one of the following:

(1) Ornamental Fencing or a solid wall that is 4 feet in height and a 5 foot deep Permeable Surface with landscaping along the perimeter of the lot that is adjacent to a public right-of-way and compliant with the applicable water use requirements of Administrative Code Chapter 63; or

(2) A combination of permeable landscaping compliant with the applicable water use requirements of Administrative Code Chapter 63 and Ornamental Fencing where the Permeable Surface and landscaping is the equivalent area of a 5 foot deep average perimeter landscaping that has been otherwise configured to result in either: (A) a public space or amenity that is accessible from the public right-of-way or (B) a natural drainage system, such as combined swales, retention basins, detention basins or rain gardens, to reduce stormwater runoff.

(d) Modification of Perimeter Screening Requirements. The Zoning Administrator is authorized to modify the requirements of subsection (c), thereby allowing alternative landscape treatments to partially or wholly satisfy this screening requirement provided that alternative landscape treatments such as landscaped berms, perimeter plantings, pedestrian lighting, benches and seating areas, or additional landscaping and tree plantings are provided elsewhere on the site and will be visible from the public right-of-way or are provided in the public right-of-way as regulated by Section 810B of the Public Works Code. The Zoning Administrator may authorize such modification only upon finding that the proposed alternative landscape treatment would:

(1) Provide a visual effect that promotes and enhances the pedestrian experience through the use of quality urban design;

(2) Promote the reduction of stormwater runoff; and

(3) Use climate appropriate plant materials, as defined in Public Works Code Section 802.1, that are compliant with the applicable water use requirements of Administrative Code Chapter 63.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 84-10, File No. 091453, App. 4/22/2010; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 10-26, File No. 250887, App. 2/13/2026, Eff. 3/16/2026)

AMENDMENT HISTORY

Division (b)(3) amended; Ord. 140-11, Eff. 8/4/2011. Divisions (a)(1) and (a)(3) amended; Ord. 99-17, Eff. 6/18/2017. Section header, undesignated introductory paragraph, and divisions (a), (a)(3), (b)-(b)(3), (c)-(c)(2), (d), and (d)(2) amended; Ord. 202-18, Eff. 9/10/2018. Divisions (b) and (b)(2) amended; Ord. 63-20, Eff. 5/25/2020. Undesignated introductory paragraph amended; Ord. 190-22, Eff. 10/17/2022. Division (a)(4) added; Ord. 10-26, Eff. 3/16/2026. SEC. 143. RESERVED.

(Amended by Ord. 414-85, App. 9/17/85; Ord. 69-87, App. 3/13/87; Ord. 115-90, App. 4/6/90; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 84-10, File No. 091453, App. 4/22/2010; renumbered by Ord. 108-10, File No. 091275, App. 5/25/2010)

Editor's Note:

Former Sec. 143 was redesignated as Sec. 428 by Ord. 108-10, App. 5/25/2010.

(See Interpretations related to this Section.)

(a) Purpose. This Section 144 is enacted to assure that in RH, RM, and RTO Districts the ground story of dwellings as viewed from the street is compatible with the scale and character of the existing street frontage, visually interesting and attractive in relation to the pattern of the neighborhood, and so designed that adequate areas are provided for front landscaping, street trees and on-street parking between driveways. The design of ground story frontages subject to this Section 144 shall also be reviewed for consistency with applicable design guidelines, including the Ground Floor Residential Design Guidelines.

(b) Controls.

(1) Entrances to Off-Street Parking. Except as otherwise provided herein, in the case of every dwelling in such districts no more than one-third of the width of the ground story along the front lot line, or along a street side lot line, or along a building wall that is set back from any such lot line, shall be devoted to entrances to off-street parking, except that in no event shall a lot be limited by this requirement to a single such entrance of less than 10 feet in width, or to a single such entrance of less than eight feet in RTO Districts. In addition, no entrance to off-street parking on any lot shall be wider than 20 feet, and where two or more separate entrances are provided there shall be a minimum separation between such entrances of six feet. Lots are limited to a total of 20 feet per block frontage devoted to entrances to off-street parking. Street-facing garage structures and garage doors may not extend closer to the street than a primary building facade unless the garage structure and garage door are consistent with the features listed in Section 136 of this Code. Entrances to off-street parking shall be located at least six feet from a lot corner located at the intersection of two public rights-of-way.

(A) Exceptions. The requirements of this Subsection (1) shall not be applicable where the lot has an upward or downward slope from the front lot line to the forward edge of the required rear yard, along the centerline of the building, of more than 20 percent; or where the lot depth and the requirements of this Code for dimensions, areas and open spaces are such that the permitted building depth is less than 40 feet in an RH-2 District or less than 65 feet in an RH or RM District.

(2) Features To Be Provided. In the case of every dwelling in such districts, no less than one-third of the width of the ground story along the front lot line, along a street side lot line, and along a building wall that is set back from any such lot line, shall be devoted to windows, entrances for dwelling units, landscaping, and other architectural features that provide visual relief and interest for the street frontage.

(3) Parking Setback. In RTO and RTO-M districts off-street parking is not permitted on the ground floor within the first 20 feet of building depth from any facade facing a street at least 30 feet in width, unless such parking occupies the

space otherwise used as the drive-aisle or driveway (such as in cases of tandem parking). All off-street parking along these frontages must be wrapped with dwelling units, entrances to dwelling units, commercial uses where permitted, and other uses (other than storage) and building features that generate activity or pedestrian interest.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

AMENDMENT HISTORY

Section header and division (a) amended; new division (b) added; former divisions (b) and (c) amended and redesignated as new divisions (b)(1), (b)(1)(A), and (b)(2); former division (d) redesignated as new division (b)(3); Ord. 63-11, Eff. 5/7/2011. Graphical material following division (b)(1)(A) amended; Ord. 56-13 , Eff. 4/27/2013. Section header and divisions (a) and (b)(1) amended; Ord. 245-25. Eff. 1/12/2026.

The purpose of the following controls is to preserve, enhance and promote attractive, clearly defined street frontages that are pedestrian-oriented, fine-grained, and which are appropriate and compatible with the buildings in Commercial, Residential-Commercial, Neighborhood Commercial, Mixed Use, or Industrial Districts. (Added by Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011)

AMENDMENT HISTORY

New Sec. 145 added and former Sec. 145 renumbered as new Sec. 144.1; Ord. 63-11, Eff. 5/7/2011.

(a) Requirement of Sunlight Access on Certain Streets. In C-3 Districts, in order to maintain direct sunlight on public sidewalks in certain downtown areas during critical periods of use, new structures and additions to existing structures on parcels which abut on the side of a street identified below shall be required to avoid penetration of a sun access plane defined by an angle sloping away from the street above a stipulated height at the property line abutting the street, as follows:

(b) Exception. An exception to the requirements of Subsection (a) may be granted in the manner provided in Section 309 of this Code in cases where (i) the penetration of the plane does not create shadow because of the shadow already cast by other buildings, or (ii) the shadow created by the penetration of the plane is deemed insignificant because of the limited extent or duration of the shadow or because of the limited public use of the shadowed space.

(c) Shadows on Other Streets. New buildings and additions to existing buildings shall be shaped, if it can be done without creating an unattractive design and without unduly restricting the development potential of the site in question, so as to reduce substantial shadow impacts on public sidewalks in the C-3 Districts other than those protected by Subsection (a). Determinations made under this Subsection shall be made in accordance with the provisions of Section 309. (Added by Ord. 414-85, App. 9/17/85)

New buildings and additions to existing buildings in C-3 and Eastern Neighborhoods Mixed Use Districts where the building height exceeds 50 feet shall be shaped, consistent with the dictates of good design and without unduly restricting the development potential of the site in question, to reduce substantial shadow impacts on public plazas and other publicly accessible spaces other than those protected under Section 295. In determining the impact of shadows, the following factors shall be considered: The amount of area shadowed, the duration of the shadow, and the importance of sunlight to the type of open space being shadowed. Determinations under this Section with respect to C-3 Districts shall be made in accordance with the provisions of Section 309 of this Code. Determinations under this Section with respect to Eastern Neighborhoods Mixed Use Districts shall be made in accordance with the provisions of Section 307 of this Code. (Added by Ord. 414-85, App. 9/17/85; amended by Ord. 115-90, App. 4/6/90; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026) AMENDMENT HISTORY

Section header and section amended; Ord. 13-26, Eff. 3/16/2026.

(a) Applicability. In the C-3 Districts, Van Ness Special Use District, Folsom and Main Residential/Commercial Special Use District, Downtown Residential (DTR) Districts, and Central SoMa Special Use District, this Section 148 shall apply to new buildings taller than 85 feet in Height, vertical additions of more than 30 feet resulting in a total building height greater than 85 feet, or vertical additions of more than 30 feet to an existing building that is taller than 85 feet. Building height for the purpose of applicability of this Section shall be calculated pursuant to the provisions of Sections 260 and 263.21.

(b) Definitions.

“Equivalent Wind Speed” means an hourly average wind speed adjusted to incorporate the effects of gustiness or turbulence on pedestrians, pursuant to the methodology adopted by the Planning Commission, as amended from time to time.

“Nine-Hour Hazard Criterion” means a ground-level equivalent wind speed of 26 miles per hour for nine or more hours per year.

(c) Controls for Hazardous Winds. Projects shall not result in any net new locations that exceed the Nine-Hour Hazard Criterion.

(d) Wind-reducing Features. All wind-reducing features necessary to meet the requirements of this Section 148 shall be identified on the approved project plan set.

(e) Maintenance of Wind-reducing Features. All wind-reducing features necessary to meet the requirements of this Section 148 must be maintained for the life of the project. The Zoning Administrator may approve, including after installation, substitution of alternate wind-reducing features that would have an equal or superior effect on reducing ground-level winds at the subject location, provided that such features do not conflict with or increase noncompliance with other provisions of the Planning Code or other adopted Citywide Design Standards.

(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord.

245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

AMENDMENT HISTORY

Nonsubstantive changes; Ord. 188-15 , Eff. 12/4/2015. Section header amended; divisions (a)- (c) deleted; new divisions (a)-(e) added; Ord. 245-25, Eff. 1/12/2026.

(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 275-98, App. 8/28/98; Ord. 77-04, File No. 031930, App. 5/6/2004; redesignated as Sec. 429 by Ord. 108-10, File No. 091275, App. 5/25/2010)

(See Interpretations related to this Section.)

(a) Purpose. State law requires that certain new residential and nonresidential buildings set aside a “solar ready” portion of the roof equal to 15% of the total roof area. The solar ready area must be unshaded and free of obstructions, to allow that portion of the roof to be used for future installation of solar energy or heating systems. The San Francisco Green Building Code requires a building owner to actually use the solar ready area of the roof for solar energy or heating systems. The purpose of this Section 149 is to allow the use of “living roofs” as an additional means of meeting some or all of the Better Roof requirements of the Green Building Code, and thereby further promote the use of rooftops to increase renewable energy resources, stormwater management, and biodiversity.

(b) Definitions. As used in this Section 149, the following capitalized terms shall have the following meanings: Better Roof Requirements. The requirements of San Francisco Green Building Code Sections 4.201.2 and 5.201.1.2, as amended.

Living Roof. The media for growing plants, as well as the set of related components installed exterior to a facility’s roofing membrane. “Living Roof” includes both “roof gardens” and “landscaped roofs” as referenced in the California Building Code.

Living Roof Area. The area of media for growing plants installed for the purposes of compliance with this Section, consistent with standards prepared and maintained by the Planning Department for planning, installation, and maintenance of Living Roofs.

Minimum Better Roof Area. An equivalent area to the Solar Ready Zone, as calculated under CCR Title 24, Part 6, Section 110.10 and San Francisco Green Building Code Sections 4.201.2 and 5.201.1.2, as applicable.

Roof. All outside coverings of a building or structure, including the structural supports, decking, and top layer exposed to the outside, at all levels of building, excluding roof area designated for skylights, vehicle traffic, or heliport. Solar Ready Zone. A section of the roof designated and reserved for the installation of a solar electric or solar thermal system as required in certain new buildings by CCR Title 24, Part 6, Section 110.10(b) through (e) and San Francisco Green Building Code Sections 4.201.2 and 5.201.1.2, as applicable.

(c) Applicability. A project sponsor may use a Living Roof as an alternative means of meeting some or all of the Better Roof requirements for any building that meets all four of the following criteria:

• (1) The building constitutes a Large Development Project or Small Development Project under the Stormwater Management Ordinance (Public Works Code secs. 147-147.6);

• (2) The building has a gross floor area of 2,000 square feet or more;

• (3) The building has 10 or fewer occupied floors; and

• (4) The project sponsor applies for a site permit or building permit on or after January 1, 2017.

(d) Living Roof Requirements. Should a project sponsor use a Living Roof as a means of meeting some or all of the Better Roof requirements, the sponsor shall submit to the Planning Department for its review and approval a Living Roof design in which the sum of the areas of the following features is equal to or greater than the Minimum Better Roof Area:

• (1) Area of all solar photovoltaic collectors that meet the performance criteria of the San Francisco Green Building Code (secs. 4.201.2(c)(1) and 5.201.1.2(b)(1)), as appropriate;

• (2) Area of all solar thermal collectors that meet the performance criteria of the San Francisco Green Building Code (secs. 4.201.2(c)(2) and 5.201.1.2(b)(2)), as appropriate; and

• (3) Area and Location of Living Roof.

(A) For the purpose of this Section 149, each square foot of Living Roof shall count as 0.5 square foot towards the Minimum Better Roof Area requirements; provided, however, that the actual square footage of the Living Roof shall be used to determine compliance with the Stormwater Management Ordinance. The Planning Department, after consulting with the San Francisco Public Utilities Commission and the Department of the Environment, shall adopt rules and regulations to implement these provisions and coordinate compliance with the Stormwater Management Ordinance.

• (B) A Living Roof may be located within or outside of the Solar Ready Zone used for compliance with CCR Title

• 24, Part 6, Section 110.10. Where a Living Roof Area is located outside the Solar Ready Zone, the requirements of Section 110.10 for the solar zone shall otherwise still apply.

(e) Waiver. If the project sponsor demonstrates to the Zoning Administrator’s satisfaction that it is physically infeasible to meet the Living Roof requirements as written for the project in question, the Zoning Administrator may, in his or her sole discretion and pursuant to the procedures set forth in Planning Code Section 307(h), grant partial relief from the

requirements stated in subsection (d) where the design of the Better Roof is within 10% of any quantitative requirements. The requirements of CCR Title 24, Part 6, Section 110.10 for the solar zone shall remain applicable.

(Added by Ord. 221-16, File No. 160965, App. 11/10/2016, Eff. 12/10/2016, Oper. 1/1/2017; amended by Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018)

AMENDMENT HISTORY

Division (e) amended; Ord. 202-18, Eff. 9/10/2018.