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(a) General. In order to preserve the openness of Chinatown's streets to the sky and to achieve as much sun as possible on public sidewalks having a high volume of pedestrian use, setbacks at specified heights or a series of setbacks within the same plane (profile angle) as a 15-foot setback at specified heights may be required, as a condition of approval of conditional use authorization otherwise required by Section 254 of the Code.
(b) Procedure. A 15-foot setback requirement may be imposed in accordance with the provisions set forth below pursuant to the procedures for conditional use authorization set forth in Section 303 of this Code.
(c) Setback Requirement.
15-FOOT SUN ACCESS SETBACKS FOR 50-FOOT AND 65-FOOT HEIGHT DISTRICTS IN CHINATOWN | ||||||
Street Name | Street Width | Height District | Profile Angle | Height at which Setback Begins | Hours of Sun March - Sept. a.m. p.m. Sides of Street |
15-FOOT SUN ACCESS SETBACKS FOR 50-FOOT AND 65-FOOT HEIGHT DISTRICTS IN CHINATOWN | ||||||
Street Name | Street Width | Height District | Profile Angle | Height at which Setback Begins | Hours of Sun March - Sept. a.m. p.m. Sides of Street | |
Grant | 44' | 50' | 66° | 35' | 10:00 E | 3:30 W |
Stockton | 65' | 65' | 42° | 51' | 8:45 E | 3:45 W |
Kearny | 75' | 50' | 33° | 40' | 9:00 E | 3:45 W |
Kearny | 75' | 65' | 35° | 52' | 8:45 E | 3:45 W |
Vallejo | 69' | 65' | 43° | 51' | 9:15 S | sunset S |
Broadway | 81' | 65' | 38° | 54' | 7:45 S | sunset S |
Pacific | 50' | 65' | 49° | 47' | 9:45 S | 2:30 S |
Washington | 50' | 65' | 49° | 47' | 9:45 S | 2:30 S |
Clay | 50' | 65' | 49° | 47' | 9:45 S | 2:30 S |
Sacramento | 50' | 65' | 49° | 47' | 9:45 S | 2:30 S |
(d) Encroachments. Encroachments may be permitted into the setbacks if a compensatory increase in sunlight on the sidewalk in the same block is achieved by a reduction of height or volume elsewhere in the structure.
(Added by Ord. 131-87, App. 4/24/87)
(a) Purpose. The controls in this Section 132.4 are intended to ensure that new buildings in the Central SoMa Special Use District contribute to the activation, safety, and dynamism of the neighborhood, help create a strong urban room, and facilitate a substantial amount of light and air to the neighborhood’s major streets.
(b) Definitions. The definitions of Section 102 shall apply, as well as the following additional definitions.
“Mid-Rise Building.” A building above 85 feet and up to 160 feet in Height.
“Mid-Rise Portion.” The portion of a Mid-Rise Building above 85 feet in Height.
“Separation.” The distance, measured horizontally, between the outside surfaces of the exterior walls of the subject buildings.
“Tower.” Any building taller than 160 feet in Height.
“Tower Portion.” The portion of a Tower above 85 feet in Height.
(d) Controls.
(1) Streetwall.
(A) Requirements. Buildings shall be built up to the street- or alley-facing property line up to 65 feet in Height, subject to the controls of Section 261.1 as applicable, except as provided in subsection (B) below.
(B) Permitted Streetwall Setbacks. Notwithstanding the requirements of subsection (A), any building may be recessed from the property line as follows:
(i) To the extent necessary to accommodate any setback required by this Code;
(ii) For portions of residential buildings with walk-up dwelling units that have setbacks in accordance with the Ground Floor Residential Guidelines;
(iii) For publicly-accessible open space built pursuant to the requirements of Section 138; or
(iv) For building facade architectural articulation and modulation up to a maximum depth of 8 feet.
(2) Setbacks.
(A) For Mid-Rise Buildings in the CS Bulk District, as defined in Section 270(h), the following requirements apply:
(i) Along all street- and alley-facing property lines, a 15-foot setback is required for the Mid-Rise Portion for at least 60 percent of the frontage length. This setback may be reduced for obstructions permitted by Section 136;
(ii) Along all interior property lines, a 15-foot setback is required for the Mid-Rise Portion for the entire frontage. This setback may be reduced for obstructions permitted according to Section 136.
(B) For Towers in the CS Bulk District, along all property lines, a 15-foot setback is required for the Tower Portion for the entire frontage. This setback may be reduced for obstructions permitted according to Section 136.
(C) Along 4th Street between Bryant Street and Townsend Street, building facades on new development shall be set back from the street-facing property line by a minimum depth of five feet to a minimum height of 25 feet above sidewalk grade. This setback shall be designed as an extension of the sidewalk, free of columns or other obstructions, except as allowed according to Section 136, and shall generally be available to the public at all times for pedestrian circulation.
(3) Building Separation.
(A) The Tower Portion of a project shall have a horizontal separation of at least 115 feet from the Tower Portion of any other Tower.
(B) Through the procedures of Section 329, the Planning Commission may reduce the separation required under subsection (A) if it finds that a Tower project meets all of the following criteria:
(i) The Tower Portion of the project has, at a minimum, a horizontal separation of at least 85 feet from the Tower Portion of any other Tower;
(ii) The maximum floor area of any floor of the Tower Portion of the project is no more than 10,000 gross square feet;
(iii) The maximum height of the uppermost building element or mass, occupied or unoccupied, of the Tower has a difference of at least 50 feet in Height from the maximum height of the uppermost element of any other Tower within 115 feet of horizontal distance; and
(iv) The Tower Portion of the project is designed so as to maximize apparent distance and architectural differentiation from any other nearby Tower.
(C) The Tower Portion of a project shall have a horizontal separation of at least 30 feet from any Mid-Rise Portion on the same development lot, except that a bridge between the Tower Portion and the Mid-Rise Portion may be permissible up to a height of 130 feet if the bridge is no more than one story in height, is set back a minimum of 15 feet from any property line, and is visually subordinate to the buildings it connects.
(D) Any development containing both a Tower Portion and Mid-Rise Portion shall be designed to emphasize a visual distinction between the Tower and Mid-Rise Portions as separate structures.
(Added by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)
(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.)
(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, except NC-S Districts, where no rear yard is required. 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, 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, 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 Districts. Rear yards shall be provided at grade level and at each succeeding level or story of the building.
(2) 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, Regional Commercial District and Folsom Street Districts. 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.
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(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, Pacific Avenue, 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.
(H)1
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, RTO-M, 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.
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(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.
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(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.
(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)
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.
CODIFICATION NOTE
In the Chinatown Community Business District, Chinatown Visitor Retail District and the Chinatown Residential Neighborhood Commercial District at the lowest level occupied for dwelling, the site coverage shall be no more than 75%. The noncovered area requirement may be provided in a location other than the rear yard including balconies and rooftop terraces if the new structure does not significantly impede the access of light and air to adjacent properties, as determined by the Zoning Administrator.
Factors to be considered in such determination shall include, but shall not be limited to: preservation of light and air to existing windows and openings in the vicinity; usability of the noncovered space for residential open space purposes; and sun access to the noncovered space and ad-jacent sidewalks.
(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 208-19, File No. 190594, App. 9/20/2019, Eff. 10/21/2019)
AMENDMENT HISTORY
Section header and first undesignated paragraph amended; Ord. 208-19, Eff. 10/21/2019.
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