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(See Interpretations related to this Section.)
(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.
(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. Buildings in RTO Districts which have more than 75 feet of street frontage are additionally subject to the Ground Floor Residential Design Guidelines, as adopted and periodically amended by the Planning Commission. Planned Unit Developments or PUDs, as defined in Section 304, shall also provide landscaping in required setbacks in accord with Section 132(g).
(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.
(f)1 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; 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.
(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.
(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)
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.
CODIFICATION NOTE
(a) Upper-Level Setbacks. Setbacks of the upper parts of a building abutting a public sidewalk in any C-3 District may be required, in accordance with the provisions of Section 309, as deemed necessary:
(1) To preserve the openness of the street to the sky and to avoid the perception of overwhelming mass that would be created by a number of tall buildings built close together, with unrelieved vertical rise; or
(2) To maintain the continuity of a predominant street wall along the street, provided however, that the setback required pursuant to this Paragraph may not exceed the following dimensions:
Street Width | ||||
64' - 67' | 68' - 71' | 72' - 75' | 76' - 80' | |
Height of Street Wall | Depth of Setback (In Feet) | |||
68' or less | 18' | 20' | 22' | 24' |
69' - 81' | 14' | 16' | 18' | 20' |
82' - 94' | 10' | 12' | 14' | 16' |
95' - 107' | 8' | 10' | 12' | 14' |
108' - 120' | 6' | 8' | 10' | 12' |
(b) Market Street Setback. In order to preserve the predominant street wall, structures on the southeast side of Market Street between the southerly extension of the easterly line of the Powell Street right-of-way and Tenth Street shall be set back 25 feet from the Market Street property line at 90 feet.
(c) C-3-O(SD) District.
(1) Streetwall Base. In order to establish an appropriate street wall in relation to the width of the street and to adjacent structures and to avoid the perception of overwhelming mass that would be created by a number of tall buildings built close together with unrelieved vertical rise, new buildings taller than 150 feet on development lots in the C-3-O(SD) district facing a street wider than 35 feet shall establish a distinctive streetwall, even where no distinct cornice line or streetwall exists, at a height between 50 and 110 feet for not less than 40 percent of the linear frontage of all street frontages of such development lot. Such streetwall shall be established, by an upper story setback or by a combination of upper story setback and horizontal projection (either occupied or decorative, as allowed in Section 136), creating horizontal relief totaling at least 10 feet, however the upper story setback shall not be less than 5 feet. In the New Montgomery-Mission-Second Street Conservation District, such streetwall height shall be set by the prevailing cornice line of the buildings on the subject block face and the minimum dimension of the upper story setback shall be increased to not less than 15 feet. Exceptions to this subsection (c)(1) may be allowed in accordance with the procedures of Section 309 if the Planning Commission affirmatively determines that all of the following criteria have been met:
(B) the base is not defined solely by recessing the base,
(C) the overall building mass tapers or steps away from the street above the streetwall reducing any sense of unrelieved vertical rise directly from the sidewalk edge, and
(D) the overall architectural expression of the proposed project is exceptional, unique, and consistent with the intent of the streetwall requirement.
(2) Pedestrian Zone. In order to establish an appropriate and inviting relationship to the pedestrian realm at street level and create visual and varied interest for pedestrians, all new structures in the C-3-O(SD) district shall incorporate architectural features, awnings, marquees, or canopies, that project from the building face at least one foot at height of between 15 and 25 feet above grade, for at least 20 percent of the linear frontage of all street facing facades.
(3) Building Setbacks. In order to provide necessary and sufficient area for pedestrian circulation, building facades on new development facing certain street frontages are required to be setback from the street-facing property line.
(A) Building setbacks are required on the following frontages:
(i) Mission Street, south side, between 1st and Fremont Streets (minimum 12.5 feet).
(B) A setback of up to 10 feet may be required by the Planning Commission pursuant to the procedures of Section 309 on the following streets if the Commission finds that such setback is necessary, desirable and will not result in an undesirable sawtooth condition of building frontages along the sidewalk due to existing intervening building between the subject lot and the nearest street corner:
(i) Mission Street, north side between 1st Street and Anthony Street;
(ii) 1st Street, west side between Mission and Stevenson Streets;
(iii) Howard Street, north side, between 1st and 2nd Streets.
(C) Design Requirements. Setbacks provided pursuant to this subsection (3) shall be:
(i) Designed and treated as a seamless extension of the adjacent public sidewalk, providing for pedestrian circulation and/or other activities typically expected on a public sidewalk;
(ii) Free and clear of all permanent building elements from sidewalk grade to a minimum height of 35 feet above sidewalk grade, except as otherwise allowed as obstructions over streets according to Section 136 or as allowed by the Planning Department as an exception according to the procedures of Section 309, and
(iii) Available to the public.
(D) The area of setbacks provided pursuant to this subsection (3) shall be counted toward the open space requirements of Section 138. If the subject development does not rely on this area to meet its Section 138 requirements, and the area of the setback is dedicated in fee title to the City for public use or, under exceptional circumstances, dedicated to the City via easement for public use, the value of the setback may be credited as an in-kind improvement toward the satisfaction of the development's fee requirements per Sections 424.6 or 424.7.
(d) Separation of Towers.
(1) Requirement. In order to provide light and air between structures, all structures in the S and S-2 Bulk Districts shall be set back from an interior property line which does not abut a public sidewalk and from the property line abutting the right-of-way of a public street or alley. The setback shall be a minimum of 15 horizontal feet measured from the interior property line or the center of a public right-of-way, as the case may be, beginning at a height which is 1.25 times the width of the principal street on which the building faces, and increasing to the widths indicated in Chart A as the building increases in height. Where there are two or more structures on any lot that are taller than 1.25 times the width of the adjacent principal street(s), each structure above such height shall also be set back from the other structures on the same lot according to Chart A as if there is an assumed interior property line half-way between the closest exterior points of each structure.
Chart A
Separation Between Towers
Separation Between Towers
(2) Exceptions. Exceptions to the requirements of Paragraph (d)(1) above may be allowed in accordance with the provisions of Section 309 as provided below:
(A) Encroachments of building volume on the setback may be approved as follows:
(i) for the portion of the building over 300 feet from the ground, encroachments may be allowed provided that
(1) there are compensating recesses beyond the required setback below and within approximately 100 vertical feet of the encroachment, which recesses are at least equal in volume to the volume of the encroachment, and
(2) it is found that, overall, access to light and air and the appearance of separation between buildings will not be impaired; and
(ii) between the top of the base and 300 feet above the ground encroachments may be allowed provided that
(1) there are compensating recesses beyond the required setback at the same level or within approximately 50 vertical feet above or below the encroachment, which recesses are at least equal in volume to the volume of the encroachment,
(2) that the encroachment extends no more than five feet horizontally into the area otherwise required for a setback,
(3) the encroachment extends for less than 1/3 of the horizontal length of the structure, and
(4) it is found that, overall, access to light and air and the appearance of separation between buildings will not be impaired.
(B) Exceptions may be allowed to the extent that it is determined that restrictions on adjacent properties make it unlikely that development will occur at a height or bulk which will, overall, impair access to light and air or the appearance of separation between buildings, thereby making full setbacks unnecessary. The minimum setback for such facades shall be partially or fully reduced as appropriate by the Planning Commission as an exception according to the procedures of Section 309 for any of the following conditions:
(i) For lots on Assessor's Blocks 3719, 3720, and 3721 which have property lines that directly abut the Transbay Transit Center or directly face it across Minna or Natoma Streets.
(ii) For development lots abutting preservation lots that have transferred all potential development rights according to the procedures of Section 128.
(C) Exceptions may be allowed on lots with a frontage of less than 75 feet provided that
(i) it is found that, overall, access to light and air will not be impaired and
(ii) the granting of the exception will not result in a group of buildings the total street frontage of which is greater than 125 feet without a separation between buildings which meets the requirements of Chart A.
(e) Permitted Obstructions. Obstructions above the horizontal plane or planes of the setback required pursuant to Subsections (a), (b), (c) and (d) which will create limited blockage of light and air and which will not be inconsistent with the purpose of the setback may be permitted within the setback area, in accordance with the provisions of Section 309. Such obstructions may include, but are not limited to, open railings, decorative spires and finials, flagpoles and flags, sparse landscaping, unroofed recreation facilities with open fencing, and unenclosed seating areas.
AMENDMENT HISTORY
Section header amended; new division (c) added and former divisions (c) and (d) redesignated as current divisions (d) and (e); division (d)(1), Chart A, and division (d)(2)(B) amended; Ord. 182-12
, Eff. 9/7/2012. Division (c)(1) amended; divisions (c)(1)(i) through (iv) redesignated as (c)(1)(A) through (D); designation of division (e) corrected; Ord. 56-13
, Eff. 4/27/2013.
(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)
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