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(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.
(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 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.
(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) 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.
(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.
(6) Efficiency Dwelling Units With Reduced Square Footage. Common usable open space shall be the preferred method of meeting the open space requirement for Efficiency Dwelling Units with reduced square footage, as defined in Section 318 of this Code. Private open space shall not be credited toward satisfaction of the open space requirement for such units unless the Zoning Administrator determines that the provision of common open space is infeasible or undesirable, in whole or in part, due to
(A) site constraints,
(B) the special needs of anticipated residents, or
(C) conflicts with other applicable policies and regulations, including but not limited to standards for the treatment of historic properties, the Americans with Disabilities Act, or the Building Code.
District | Square Feet of Usable Open Space Required for Each Dwelling Unit If All Private | Ratio of Common Usable Open Space That May Be Substituted for Private |
District | Square Feet of Usable Open Space Required for Each Dwelling Unit If All Private | Ratio of Common Usable Open Space That May Be Substituted for Private |
RH-1(D), RH-1 | 300 | 1.33 |
RH-1(S) | 300 for first unit; 100 for minor second unit | 1.33 |
RH-2 | 125 | 1.33 |
RH-3 | 100 | 1.33 |
RM-1, RC-1, RTO, RTO-M | 100 | 1.33 |
RM-2, RC-2, SPD | 80 | 1.33 |
RM-3, RC-3, RED | 60 | 1.33 |
RM-4, RC-4, RSD | 36 | 1.33 |
C-3, M-1, M-2 | 36 (1) | 1.33
(1) |
C-2 | Same as for the R District establishing the dwelling unit density ratio for the C-2 District property. Group Housing requirement is per bedroom and 1/3 the amount required for a Dwelling Unit. (1) | |
NC Districts | As specified in the Zoning Control Table for the district | |
Mixed Use Districts established in Article 8 | See the Zoning Control Table for the 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. | ||
Square feet of usable open space per dwelling unit, if not publicly accessible | Square feet of usable open space per dwelling unit, if publicly accessible | Percent of open space that may be provided off 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 five percent.
(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.
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(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.
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(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
(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.
(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)
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.
CODIFICATION NOTE
(a) Requirements for Commercial and Institutional Development. For commercial and institutional development exceeding 10,000 gross square feet in the Chinatown Mixed Use Zones whether new construction or net addition through alteration, including the Chinatown Community Business District, the Chinatown Visitor Retail District and the Chinatown Residential Neighborhood Commercial District established by the use provisions of Articles 2 and 8 of this Code, there shall be requirements for usable open space of one square foot for every 50 square feet of gross floor area of commercial or institutional space. This requirement shall not apply to commercial or institutional development of 10,000 square feet or less. Open space provided pursuant to this Section shall be made open to the public during hours determined by the Zoning Administrator.
(b) Alternative Means of Satisfying the Commercial Open Space Requirement.
(1) If an open space satisfying the requirements of Subsection (a) cannot be created because the square footage of open space is not of sufficient size to provide a usable open space, the Zoning Administrator may authorize, as an eligible type of open space, improvements to an alleyway within a square block of the project site. The improvements shall include paving, landscaping, street furniture or other features appropriate for creating an attractive area for sitting and walking. The Zoning Administrator shall determine that the improvements would be an equivalent benefit to the community as the amount of open space that would have been created under Subsection (a).
(2) If an open space satisfying the requirements and standards of this Section cannot be provided because of constraints of the development site or because the square footage of open space to be provided is not of sufficient size and if the off-site options authorized by Paragraph (1) above are found to be infeasible at the time of the project application, the Zoning Administrator may, upon application by the proposed developer pursuant to Section 307(g), waive the requirement that an open space be provided. It shall be a condition of any such waiver that the proposed developer pay the amount of $1.50 per gross square foot of floor area devoted to commercial or institutional use. Payment shall be paid in full to the City prior to the issuance of any temporary or other certificate of occupancy for the subject property. Funds received on account of any such payment shall be deposited in the Chinatown Open Space Fund established pursuant to Section 10.203 of the San Francisco Administrative Code.
(c) Cost and Restrictions. All costs of the open space, including without limitation those associated with design, development, liability insurance, regular maintenance, and safe operation of this open space, shall be borne by the property owner. Liability insurance satisfactory to the Department, naming the City and County of San Francisco and its officers and employees as additional insureds, shall be provided for all such spaces. The property owner shall record with the County Recorder a special restriction on the property satisfactory in substance to the Department and sufficient to give notice to subsequent owners, tenants and other persons having other economic interests in the property of the open space requirement and the means by which the requirement has been, and must continue to be, satisfied. Additionally, the property owner shall post a plaque identifying the open space feature and stating the right of the public to use it.
(d) Approval and Construction. The design and location of proposed open space and its ability to fulfill public open space needs shall be reviewed as part of the site or building permit application for the project in question and must be approved or disapproved by the Department in its action on that permit. The open space shall be constructed pursuant to the relevant permit, and no temporary or other certificate of occupancy shall be issued for any structure constructed under the permit until the open space is complete.
(Added by Ord. 131-87, App. 4/24/87)
(See Interpretations related to this Section.)
Usable open space for live/work units within buildings newly constructed after the effective date of Ordinance No. 412-88 (effective October 10, 1988) or for newly created live/work units within an expansion of or addition to an existing building shall be provided according to the standards set forth in this Section.
(a) Character of Space Provided. The character of open space for live/work units shall satisfy the terms of Section 135(a), except that usable private or common open space for live/work units may also be provided as one of the following unenclosed resting or open space areas: A rooftop and/or podium level yard, garden or sun deck. Usable open space for live/work units shall be clearly accessible to and for the use of live/work tenants.
(b) Permitted Obstructions. In the calculation of either private or common usable open space for live/work units, the obstructions for usable open space listed in Section 136 of this Code shall be permitted and in addition, on rooftop or podium level yards, gardens or decks, wind screens of no more than six feet in height shall be permitted. Such wind screens shall conform to Table 5A of the San Francisco Building Code and shall be set back no less than five feet from the building edge.
(c) Amount Required. Thirty-six (36) square feet of open space shall be required for each live/work unit.
(Added by Ord. 412-88, App. 9/10/88)
(See Interpretations related to this Section.)
(a) Amount of Open Space Required. All newly constructed structures, all structures to which Gross Floor Area equal to 20% or more of existing Gross Floor Area is added, and all structures in the Eastern Neighborhoods Mixed Use Districts within which floor area is converted to Office Use other than office use accessory to a non-office use shall provide and maintain usable open space for that part of the new, additional or converted square footage which is not subject to Sections 135.1 and 135.2 as follows:
Use
| Square Feet of Usable Open Space Required
|
Retail Sales and Services Uses, Institutional Uses, Entertainment, Arts, and Recreation Uses, Non-Retail Sales and Services Uses except for Office Uses, Laboratory, Life Science, and Wholesale Storage, and like uses | 1 sq. ft. per 250 sq. ft. of Occupied Floor Area of new or added square footage |
Industrial Uses, Wholesale Storage, and like uses in the Eastern Neighborhoods Mixed Use Districts | None required |
Office Uses, Laboratory, and Life Science in the Eastern Neighborhoods Mixed Use Districts | 1 sq. ft. per 50 sq. ft. of Occupied Floor Area of new, converted or added square footage |
All non-residential uses in DTR Districts | 1 sq. ft. per 50 sq. ft. of Occupied Floor Area of net new, converted or added square footage over 10,000 gross square feet |
(1) Open space shall be provided for uses not listed in this subsection and Table (other than live/work units, dwelling units and group housing whose open space requirements are specified in Sections 135 and 135.2 of this Code), in the amount required for the listed use determined by the Zoning Administrator to be most similar to the unlisted use in question. Private or public parking structures and change of use or additions to an existing structure which are limited to uses operating solely during nighttime hours and for which public access to open space cannot feasibly be provided during daytime hours pursuant to Subsection (c)(4), shall be exempt from this open space requirement.
(2) Eastern Neighborhoods Mixed Use Districts. In the Eastern Neighborhoods Mixed Use Districts, the open space requirements of this Section 135.3 may be fulfilled by providing privately-owned public open space. Such open space is subject to the following:
(A) The amount of open space required pursuant to Table 135.3 may be reduced by 33% if it is publicly accessible usable open space.
(B) Publicly accessible usable open space is required to meet all requirements specified in Section 135(h) of this Code.
(C) Up to 50% of the publicly accessible open space may be provided off-site, subject to Section 329 for projects to which that Section applies and Section 307(h) for other projects. Any such space shall meet the publicly accessible open space standards set forth in Section 135(h) and be provided within 800 feet of the project. The publicly accessible off-site usable open space shall be constructed, completed, and ready for use no later than the project itself, and shall receive its Certificate of Final Completion from the Department of Building Inspection prior to the issuance of any Certificate of Final Completion or Temporary Certificate of Occupancy for the project itself. This subsection (C) shall not apply to projects in the Central SoMa Special Use District, and instead such projects shall comply with Section 138.
(4) DTR Districts. In DTR Districts, the open space requirements of this Section may be fulfilled by providing privately-owned public open space and shall be subject to the following:
(A) Such open space shall meet all requirements specified in Section 135(h) of this Code.
(B) Up to 50 percent of required open space may be provided off-site per the procedures of Section 309.1 if it is within the individual DTR district of the project or within 500 feet of any boundary of the individual DTR district of the project.
(b)1 Permitted Obstructions. In addition to those specified in Section 136, permitted obstructions for open space required under this Section shall include small-scale pedestrian-oriented convenience establishments and resources such as movable beverage and/or food stands, outdoor cafes, toilets, newsstands, or flower stands provided that all such activities along with other permitted obstructions combined do not exceed 20 percent of the total usable open space requirement.
(c) Costs and Restrictions. All costs of the open space, including without limitation those associated with design, development, liability insurance, regular maintenance, and safe operation of this open space, shall be borne by the property owner. Liability insurance satisfactory to the City Attorney, naming the City and County of San Francisco and its officers and employees as additional insureds, shall be provided for all such spaces. The property owner shall record with the County Recorder a special restriction on the property satisfactory in substance to the Department and sufficient to give notice to subsequent owners, tenants and other persons having other economic interests in the property of the open space requirement and the means by which the requirement has been, and must continue to be, satisfied.
(d) A sign satisfying the requirements of Section 603(k) shall be prominently posted at the entrance to the open space area declaring that the area is open to the public.
(e) Approval and Construction. The open space shall be reviewed and approved as part of the site or building permit application for the project giving use to the open space requirement. No temporary or other certificate of occupancy shall be issued for any structure constructed under the permit until the open space is complete.
(Added by Ord. 115-90, App. 4/6/90; Ord. 298-08, File No. 081153, App. 12/19/2008; renumbered by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 228-12
, File No. 120220, App. 11/14/2012, Eff. 12/14/2012; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)
AMENDMENT HISTORY
Section header and divisions (a)(2), (a)(2)(B), (a)(2)(C), (a)(3), and (a)(3)(A) amended; former divisions (a)(3)(C), (b), (d), and (e) deleted; former divisions (c), (f), (g), and (h) redesignated as divisions (b)1 through (e); Ord. 228-12
, Eff. 12/14/2012. Section header, divisions (a), (a)(2), (a)(2)(A) and (C), and Table 135.3 amended; division (a)(3) added; former division (a)(3) redesignated as division (a)(4); Ord. 296-18
, Eff. 1/12/2019. Section header, division (a), and Table 135.3 amended; Ord. 70-23
, Eff. 6/3/2023.
CODIFICATION NOTE
1. The designation of divisions (b) through (e) was corrected by the codifier.
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