Code Section: 136 (c)(30)

Subject: Permitted obstructions

Effective Date: 7/87

Interpretation:

   This Section allows in required yard areas, a driveway no wider than necessary to provide access to parking located in the buildable area of the lot. Such driveway should not count as required usable open space if driveway has frequent use, such as one serving many units.

Code Section: 136

Subject: Rear yard—Underground garage

Effective Date: 12/00

Interpretation:

   Section 136 allows underground garages in the rear yard, provided that the roof is developed as open space or a deck. Section 188(a) allows the expansion of noncomplying structures provided that there is no increase in any discrepancy with the Code. There have been proposals to allow an excavation of a garage under a non-complying structure that extends into the rear yard. This has not been permitted since the garage roof was not treated as open space or a deck, but under a structure. It is logical to allow excavation for a garage under a noncomplying building that extends into the rear yard by since there is no increase in the discrepancy from the Code. The existing rear yard is not affected, since the excavation is under an existing noncomplying building. These excavations are allowed to be up to 3above grade, since if the noncomplying above grade structure was demolished, the underground garage roof would be a permitted obstruction in the rear yard.

Code Section: 136 (c)(2)

Subject: Corner Bay Windows

Effective Date: 1/14

Interpretation:

   This Section allows a bay window to project over streets and other required open areas so long as it fits within a specific theoretical envelope. Such envelope begins at the "line establishing the required open area" and narrows along 45-degree angles drawn inward as projection increases. It was suggested that this Section did not address corner parcels where a bay window might extend over parts of a street corner not within a 90 degree projection of either of the parcel's street frontages.

   While a "required open area" itself exists only within a parcel, the "line establishing" the required open area is a theoretical marker that extends beyond a parcel and, in the case of corner lots, onto a right-of-way. Therefore, bay window envelopes on corner lots may begin along any part of the line establishing the open area, including those parts of the line which are beyond the bounds of the lot. As such, bay windows may extend over parts of a street corner not within a 90 degree projection of either of the parcel's street frontages. Such bay windows must nonetheless comply with the three-foot restriction on projection applicable to both street frontages.

Code Section: 136.1

Subject:

Effective Date: /95

Interpretation:

   See also Interpretation 136, 136.1, 136.2

   Permitted obstructions over street space

Code Section: 136.1

Subject: Awning, minor projection of

Effective Date: 12/95

Interpretation:

   These Sections allow in certain districts, awnings that project no more than and are no wider or higher than stated amounts. Awnings that fit within the limits of an "architectural projection" pursuant to Paragraph 136(c)l could be allowed under that paragraph without meeting the limits of Sections 136.1 and 136.2 such as width (distance along building) and height.

Code Section: 136.2

Subject:

Effective Date: 12/95

Interpretation:

   See also Interpretation 136.1 Awning, minor projection of

Code Section: 138 (b)

Subject: Usable open space, C-3

Effective Date: 2/86

Interpretation:

Floor area included in the computation of open space requirements in the C-3 Districts shall be floor area included in all uses together with their accessory uses except those expressly excluded by this Section. Floor area used for open space itself shall not count in the amount of floor area subject to the open space requirement.

Code Section: 140 (a)

Subject: Dwellings to “face directly” onto an open area

Effective Date: 3/21

Interpretation:

   Planning Code Section 140 regulates exposure requirements for dwelling units and group housing. Exposure may be satisfied by having required windows (as defined by Section 504 of the San Francisco Housing Code) in a room of at least 120 square feet “face directly” onto a qualifying open area. These windows must “face directly” on the street, rear yard, or open area. A question arose as to what qualifies as facing directly onto one of these features. The Building Code contains provisions for depth of structural projections over windows in habitable rooms. The Building Code states that these shall not project greater than 9 feet from the required window and that the height of these projections shall not be less than 7 feet measured from the floor to the lowest projection above. A window (or windows) required to satisfy Section 140 may be located beneath such a projection and still be considered to “face directly” onto the street, rear yard, or open area. However, such area beneath a projection will not count towards the minimum dimensions for a qualifying open area.