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(Added by Ord. 345-87, App. 8/21/87; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)
In C-3 Districts, modifications and improvements of plazas, arcades, and/or sidewalks designed to make the spaces more attractive and useful may be approved, in accordance with the provisions of Section 309, by application of the standards contained in and the guidelines adopted pursuant to Section 138 and Section 138.1 of this Code and the objectives and policies of the Downtown Plan, a component of the General Plan, or any amendment thereto, notwithstanding the fact that such modifications and improvements would not have been permitted under former Sections 126(b)(5) and (b)(7) of this Code.
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 314-95, App. 10/6/95; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)
AMENDMENT HISTORY
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Publisher's Note: This section has been AMENDED by new legislation (Ord. 47-21
, approved 4/16/2021, effective 5/17/2021). The text of the amendment will be incorporated under the new section number when the amending legislation is effective.
(See Interpretations related to this Section.)
(1) In C-3 Districts, any project proposing new construction of a Non-Residential building or an addition of Gross Floor Area equal to 20% or more of an existing Non-Residential building. Institutional and Residential Uses in C-3 Districts are exempt from the requirements of this Section 138.
(2) In the Central SoMa Special Use District, any project proposing new construction or an addition of 50,000 gross square feet or more of Non-Residential use. Retail, Institutional, and PDR uses in the Central SoMa Special Use District are exempt from the requirements of this Section 138.
(c) Location. The open space required by this Section may be on the same site as the project for which the permit is sought, or within 900 feet of it on either private property or, with the approval of all relevant public agencies, public property, provided that all open space required by this Section for a project within the C-3 District shall be located entirely within the C-3 District. Projects within the Central SoMa Special Use District may provide the open space required by this Section 138 within one-half mile of the project if the required open space is on publicly-owned land underneath or adjacent to the I-80 freeway. Open space is within 900 feet of the building for which the permit is sought within the meaning of this Section 138 if any portion of the project is located within 900 feet of any portion of the open space. Off-site open space shall be developed and open for use prior to issuance of a first certificate of occupancy, as defined in Section 401 of this Code, of the project whose open space requirement is being met off-site. Failure to comply with the requirements of this subsection (c) shall be grounds for enforcement under this Code, including but not limited to the provisions of Sections 176 and 176.1.
(d) Types and Standards of Open Space.
(1) C-3 Districts. In C-3 Districts, except as otherwise provided in subsection (f), the project may satisfy the requirements of this Section by providing one or more of the following types of open space: A plaza, an urban park, an urban garden, a view terrace, a sun terrace, a greenhouse, a small sitting area (a “snippet”), an atrium, an indoor park, or a public sitting area in a galleria, in an arcade, in a public street or alley, or in a pedestrian mall or walkway, as more particularly defined in the table entitled “Guidelines for Open Space” in the Open Space Section of the Downtown Plan, or any amendments thereto, provided that the open space meets the following minimum standards. The open space shall:
(A) Be of adequate size;
(B) Be situated in such locations and provide such ingress and egress as will make the area easily accessible to the general public;
(C) Be well-designed, and where appropriate, be landscaped;
(D) Be protected from uncomfortable wind;
(E) Incorporate various features, including ample seating and, if appropriate, access to food service, which will enhance public use of the area;
(F) Have adequate access to sunlight if sunlight access is appropriate to the type of area;
(G) Be well-lighted if the area is of the type requiring artificial illumination;
(H) Be open to the public at times when it is reasonable to expect substantial public use;
(I) Be designed to enhance user safety and security;
(J) If the open space is on private property, provide toilet facilities open to the public; and
(K) Have at least 75 percent of the total open space approved be open to the public during all daylight hours.
(2) Central SoMa Special Use District. In the Central SoMa Special Use District, a project shall satisfy the requirements listed below, as well as the approval process described in subsection (e):
(A) Projects shall meet the minimum standards of subsection (1).
(B) Projects may provide open spaces outdoors or indoors, subject to Commission review pursuant to subsection (e) below or may pay the in-lieu fee as set forth in Section 426, except that development on sites of 40,000 square feet or more and located south of Bryant Street shall provide the required open space outdoors and may not pay an in-lieu fee.
(C) All open space provided shall be at street grade up to an amount that equals 15 percent of the lot area. Any additional required open space may be provided above street grade.
(D) All open space shall be publicly accessible, at a minimum, from 7AM to 6PM every day.
(E) All outdoor open space provided at street grade, except space provided underneath the I-80 freeway, shall meet the following requirements:
(i) The open space shall be open to the sky, except for obstructions permitted by Section 136 and up to 10% of space that may be covered by a cantilevered portion of the building if the space has a minimum height of 20 feet;
(ii) Any buildings on the subject property that directly abut the open space shall meet the active space requirements of Section 145.1; and
(iii) The open space shall be maximally landscaped with plantings on horizontal and vertical surfaces, subject to the appropriate design for circulation routes and any recreational or public amenities provided. Such plantings may include, but are not limited to living walls, stormwater gardens, and drought-tolerant landscaping.
(F) All indoor open spaces provided at street grade shall:
(i) Have a minimum area of 2,500 square feet;
(ii) Have a minimum floor-to-ceiling height of 20 feet for at least 75% of the space;
(iii) Provide openings directly to a sidewalk or other publicly-accessible outdoor space and, weather permitting, be accessible without the need to open doors;
(iv) Be situated, designed, and programmed distinctly from building lobbies or other private entrances to the building;
(G) Projects shall make efforts to include at least one publicly-accessible potable water source convenient for drinking and filling of water bottles.
(H) Any food service area provided in the required open space shall occupy no more than 20% of the open space;
(I) Any restaurant seating shall not take up more than 20% of the seating and tables provided in the required open space; and
(J) All spaces shall facilitate three-stream waste sorting and collection.
(e) Approval of Open Space Type and Features.
(1) In C-3 Districts, the type, size, location, physical access, seating and table requirements, landscaping, availability of commercial services, sunlight and wind conditions and hours of public access shall be reviewed and approved in accordance with the provisions of Section 309, and shall generally conform to the “Guidelines for Open Space in the Open Space Section of the Downtown Plan, or any amendments thereto.
The Commission may, by resolution, declare certain types of open space ineligible to meet the requirements of this Section 138, either throughout C-3 Districts or in certain defined areas, if it determines that a disproportionate number of certain types of open space or an insufficient number of parks and plazas is being provided to meet the public need for open space and recreational uses. Such resolution may exempt from its application projects whose permit applications are on file with the Planning Department.
Over time, no more than 20 percent of POPOS in the C-3 Districts shall be indoor space and at least 80 percent shall be outdoor space. Once an indoor space has been approved, another such feature may not be approved until the total square footage of outdoor open space features approved under this subsection exceeds 80 percent of the total square footage of all open spaces approved under this subsection.
(2) In the Central SoMa Special Use District, all determinations concerning the adequacy of the location, amount, amenities, design, and implementation of open space required by this Section shall be made in accordance with the provisions of Section 329 and subsection (d)(2), above. As part of this determination, the Planning Commission shall consider the ability of the open space to meet the open space, greening, and community needs of the neighborhood, as follows:
(A) Location. The provision of outdoor space, including off-site, should be given preference over the provision of indoor space and/or the payment of the in-lieu fee. The Commission may approve the provision of indoor space and/or the payment of the in-lieu fee only where the provision of outdoor space would:
(i) Be subject to substantially negative or unpleasant environmental conditions, such as noise, wind, or lack of access to direct sunlight; and/or
(ii) Where provision of the open space outdoors would substantially degrade the street wall or otherwise undermine the pedestrian experience.
(B) Amenities. The type of amenities provided shall take into consideration and complement the amenities currently and foreseeably provided in nearby publicly-accessible open spaces and recreational facilities, both publicly and privately owned, with a preference given to provision of amenities and types of spaces lacking or over-utilized in the area.
(C) Community Needs. The Commission shall consider the extent to which the open space serves the open space and recreational needs of the diverse inhabitants of the Central SoMa Special Use District, including but not limited to residents, youth, families, workers, and seniors.
(f) Open Space Provider. The open space required by this Section may be provided individually by the project sponsor or jointly by the project sponsor and other project sponsors, provided, that each square foot of jointly developed open space may count toward only one sponsor’s requirement. With the approval of the Planning Commission, a public or private agency may develop and maintain the open space, provided that (i) the project sponsor or sponsors pay for the cost of development of the number of square feet the project sponsor is required to provide, (ii) provision satisfactory to the Commission is made for the continued maintenance of the open space for the actual lifetime of the building giving rise to the open space requirement, and (iii) the Commission finds that there is reasonable assurance that the open space to be developed by such agency will be developed and open for use by the time the building, the open space requirement of which is being met by the payment, is ready for occupancy. Property owners providing open space under this section will hold harmless the City and County of San Francisco, its officers, agents and employees, from any damage or injury caused by the design, construction, use, or maintenance of open space. Property owners are solely liable for any damage or loss occasioned by any act or negligence in respect to the design, construction, use, or maintenance of the open space. Operation and maintenance of this open space shall be memorialized by a POPOS Operations Strategy developed by the Project Sponsor or Open Space Provider; a draft of said strategy shall be presented to the Planning Commission where a Large Project Authorization under Planning Code Section 329 applies. In all cases, said strategy shall be finally approved by the Director prior to Planning Department approval of a site or building permit.
(g) Nonresidential/Residential Open Space. In mixed nonresidential/residential projects, open space which meets the requirements of Section 135 regarding common usable open space for residential uses, and the requirements of Section 138 regarding open space for nonresidential uses, may be counted against the open space requirements of both Sections 135 and 138.
(h) Maintenance. Open spaces shall be maintained at no public expense. The owner of the property on which the open space is located shall maintain it by keeping the area clean and free of litter and keeping in a healthy state any plant material that is provided. Conditions intended to assure continued maintenance of the open space for the actual lifetime of the building giving rise to the open space requirement may be imposed in accordance with the provisions of Section 309.
(i) Informational Plaque. Prior to issuance of a permit of occupancy, one or more plaques shall be designed and placed in publicly conspicuous locations as described in this subsection.
(1)1 The plaques shall:
(A) state the right of the public to use the space; and
(B) state the hours of use; and
(C) describe its principal required features (e.g., number of seats, uses and/or other defining features); and
(D) state the current name, telephone number, and postal address of the owner or owner's agent responsible for public access and maintenance; and
(E) describe the type of open space; and,
(F) state the location of the open space, and, in cases where that space is not visible from a major sidewalk, include directions to the open space.
(2) In terms of design and appearance, the plaque shall:
(A) include the standard Privately-owned public open space logo developed by the Planning Department; and
(B) follow the Zoning Administrator Bulletin 8 for POPOS Informational Plaques in terms of detailed dimensions, font type and size, color, and other graphics ; and
(C) be developed using the POPOS signage design toolkit provided by the Planning Department; and
(D) be made of opaque, non-reflective material, and provide a clear contrast between the lettering and the background; and
(3) The plaque shall be located as follows:
(A) Exterior. If the open space is located outside of a building and is at least partially adjacent to a public sidewalk, a plaque shall be placed on each building face adjacent to the space. Each plaque shall be located as close as possible to the nearest adjacent public sidewalk, but in no case shall any portion of each plaque be located more than five feet from the nearest sidewalk. Alternately, a plaque may be attached to an improvement within the open space or a free standing post so long as the entire plaque is located within five feet of and is clearly visible from an adjacent public sidewalk.
(B) If the open space is located inside a building, or if the open space is located outside a building but is primarily accessed through a building, or if the open space is not otherwise easily visible from the nearest public sidewalk, a plaque shall be placed within five feet of each pedestrian entrance to the building on the outside wall (exclusive of service, emergency, maintenance and related entrances). The plaque shall describe the location of the open space and provide directions on how to get to the space, way-finding signs shall also be placed within the building (e.g., in the lobby and at the elevator) clearly indicating the path to the open space.
(4) The plaque shall be placed so that the midpoint of the plaque is positioned at a height between four and one-half to six feet above grade level; and
(5) Existing POPOS. Existing POPOS shall comply with the current signage requirements contained in this subsection (i) and in the Zoning Administrator Bulletin referred to in subsection (i)(2)(B) whenever:
(A) the project seeks new approvals that trigger compliance with the signage requirements; or
(B) the existing signage is not in compliance with the requirements in effect at the time of a prior project approval; or
(C) the existing signage requires alteration in order to comply with Federal or State requirements for directional and informational signs.
(j) Notwithstanding the requirements established in subsections (b)-(d) above, the following additional standards shall apply in the C-3-O(SD) district:
(1) Public connections directly to the rooftop park on the Transbay Transit Center from adjacent buildings shall be counted toward the open space required per subsection (b) above provided that they meet all the following criteria:
(A) Such connections shall provide both horizontal connection (i.e. pedestrian bridge) from the subject development lot to the Transit Center Park as well as vertical connection to access such park connection from a publicly-accessible space at street level;
(B) Such connections described in (A), both vertical and horizontal, and any related circulation spaces, shall be publicly-accessible at any time the Transit Center park is open to the public;
(C) Horizontal connections shall have a minimum clear walking path of 12 feet;
(D) The project sponsor shall provide a letter, prior to project approval subject to Section 309, from the Executive Director of the Transbay Joint Powers Authority or any successor agency or agencies with jurisdiction over the Transit Center park indicating tentative approval of the horizontal connection as designed;
(E) Any vertical connection shall be clearly and prominently signed from a public sidewalk or public space as described in (A) above, and shall feature an informational plaque meeting the standards in subsection (i) above and further established in the "Guidelines for Open Space."
(F) The square footage equivalency of such park connections for the purpose of meeting Section 138 open space requirements shall be calculated to include:
(i) The area of the bridge structure from face of building to furthest point of connection on the rooftop park;
(ii) The area set aside for public circulation on or adjacent to the development lot, within or outside of the building envelope, that provides access to the park connection and is not otherwise necessary for general building circulation;
(iii) The area on any floor devoted to vertical circulation dedicated specifically to provide public access to the park connection, except for any features that are otherwise necessary for the general circulation or support of the building; and
(iv) An additional 5,000 square feet bonus.
(G) Approval of such connections by the Planning Department or Commission is conditioned on obtaining the necessary easements, permits or approvals otherwise required by other governmental agencies or authorities.
(H) Such connections must satisfy all applicable permit and governmental approval requirements and be completed and available for public use prior to issuance of the first Temporary Certificate of Occupancy for the project.
(I) Building connections that are designed primarily to provide access to the rooftop park for tenants of the subject building and not to either provide public access through the subject building to the park or to provide public access to retail in the subject building at the level of the park shall not be eligible for credit toward open space required under this Section.
(2) Any observation deck or sky lobby or similar space of public accommodation on any story above a height of 600 feet that is open to the general public shall be counted toward the open space required by subsection (b). Such spaces shall not include any space that requires a fee for access, a bar, restaurant or other primarily-commercial use, except that a space qualifying under this subsection may include ancillary retail or eating and drinking activities not to exceed 50% of the publicly-accessible floor area of such space.
(3) Any mid-block public pedestrian pathway that meets the design criteria of Section 270.2(e) whether required or not, shall be counted toward the open space required by subsection (b), except that any mid-block pathway constructed on Assessor's Block 3721 connecting Howard and Natoma Streets need not be open to the sky provided that it has vertical clearance of at least 25 feet, is open to the public at all times, and is open to the air at both ends such that it does not require opening of doors for access.
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 182-12
, File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 228-12
, File No. 120220, App. 11/14/2012, Eff. 12/14/2012; Ord. 232-14
, File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 47-21, File No. 201175, App. 4/16/2021, Eff. 5/17/2021)
AMENDMENT HISTORY
Division (b) amended; division (j) added; Ord. 182-12
, Eff. 9/7/2012. Section header and divisions (c), (f), (h) and (i) amended; divisions (i)(1)1
through (5) added; Ord. 228-12
, Eff. 12/14/2012. Divisions (b), (d), and (e) amended; Ord. 232-14
, Eff. 12/26/2014. Divisions (a) and (b) amended; Ord. 188-15
, Eff. 12/4/2015. Section header and divisions (a)-(e) amended; divisions (a)(1), (e)(1), and Table 138 designated; divisions (d)-(d)(11) redesignated as divisions (d)-(d)(1)(K); divisions (a)(2), (d)(2)-(d)(2)(J), and (e)(2)-(e)(2)(C) added; Ord. 296-18
, Eff. 1/12/2019. Divisions (a)(1) and (c) amended; Ord. 63-20
, Eff. 5/25/2020. Divisions (f) and (j)(4) amended; Ord. 47-21
, Eff. 5/17/2021.
CODIFICATION NOTE
(a) Purpose. The purpose of this section is to establish requirements for the improvement of the public right-of-way associated with development projects, such that the public right-of-way may be safe, accessible, convenient and attractive to pedestrian use and travel by all modes of transportation consistent with the San Francisco General Plan, achieve best practices in ecological stormwater management, and provide space for public life and social interaction, in accordance with the City's "Better Streets Policy" (Administrative Code Section 98.1).
(b) Better Streets Plan.
(1) The Better Streets Plan, as defined in Administrative Code Section 98.1(e), shall govern the design, location, and dimensions of all pedestrian and streetscape items in the public right-of-way, including but not limited to those items shown in Table 1. Development projects that propose or are required through this Section to make pedestrian and streetscape improvements to the public right-of-way shall conform with the principles and guidelines for those elements as set forth in the Better Streets Plan to the maximum extent feasible.
(2) Proposed improvements also shall be subject to approval by other City bodies with permitting jurisdiction over such streetscape improvements.
(3) The Department and other City bodies shall take into account a project’s scale when determining the appropriate scope of improvements.
# | PHYSICAL ELEMENT (1) | BETTER STREETS PLAN SECTION |
# | PHYSICAL ELEMENT (1) | BETTER STREETS PLAN SECTION |
1 | Curb ramps* | 5.1 |
2 | Marked crosswalks* | 5.1 |
3 | Pedestrian countdown devices | 5.1 |
4 | High-visibility crosswalks | 5.1 |
5 | Special crosswalk treatments | 5.1 |
6 | Restrictions on vehicle turning movements at crosswalks | 5.1 |
7 | Removal or reduction of permanent crosswalk closures | 5.1 |
8 | Mid-block crosswalks | 5.1 |
9 | Raised crosswalks* (2) | 5.1 |
10 | Parking restrictions at crosswalks (intersection daylighting)* | 5.1 |
11 | Curb radius guidelines | 5.2 |
12 | Corner curb extensions or bulb-outs* | 5.3 |
13 | Extended bulb-outs* | 5.3 |
14 | Mid-block bulb-outs* | 5.3 |
15 | Center or side medians | 5.4 |
16 | Pedestrian refuge islands | 5.4 |
17 | Transit bulb-outs | 5.5 |
18 | Transit boarding islands | 5.5 |
19 | Flexible use of the parking lane | 5.6 |
20 | Parking lane planters | 5.6 |
21 | Chicanes | 5.7 |
22 | Traffic calming circles | 5.7 |
23 | Modern roundabouts | 5.7 |
24 | Sidewalk or median pocket parks | 5.8 |
25 | Reuse of ‘pork chops’ and excess right-of-way | 5.8 |
26 | Multi-way boulevard treatments | 5.8 |
27 | Shared public ways | 5.8 |
28 | Pedestrian-only streets | 5.8 |
29 | Public stairs | 5.8 |
30 | Street trees* | 6.1 |
31 | Tree basin furnishings* | 6.1 |
32 | Sidewalk planters* | 6.1 |
33 | Above-ground landscaping | 6.1 |
34 | Stormwater management tools* | 6.2 |
35 | Street and pedestrian lighting* | 6.3 |
36 | Special paving* | 6.4 |
37 | Site furnishings* | 6.5 |
38 | Driveways | 6.6 |
Standard streetscape elements marked with a *. (Requirement varies by street type: see the Better Streets Plan) | ||
(1) The City shall not require physical elements beyond the subject frontage with the exception of raised crosswalks and curb ramps. | ||
(2) The City shall require raised crosswalks only when the subject right-of-way is 40-feet or less and the crosswalk is installed at a street corner. | ||
(c) Required streetscape and pedestrian improvements. Development projects shall include streetscape and pedestrian improvements on all publicly accessible right-of-ways directly fronting the property as follows:
(1) Street trees. Project Sponsors shall plant and establish street trees as set forth in Article 16, Sections 805(a) and 806(d) of the Public Works Code; provided, however, that where a property owner is either (A) adding an Accessory Dwelling Unit pursuant to Section 207.1 or 207.2 of this Code or (B) legalizing a Dwelling Unit pursuant to Section 207.3 of this Code, the owner may elect to pay the in-lieu fee authorized by Section 807(f) of the Public Works Code.
(2) Other streetscape and pedestrian elements for large projects.
(A) Application.
(i) In any district, streetscape and pedestrian elements in conformance with the Better Streets Plan shall be required, if the following conditions are present:
a. The project is on a lot that is greater than one-half acre in total area; or includes more than 50,000 gross square feet of new construction; or contains 150 feet of total lot frontage on one or more publicly-accessible right-of-ways; or its frontage encompasses the entire block face between the nearest two intersections with any other publicly-accessible right-of-way; and
b. The project includes new construction of 10 or more Dwelling Units; or new construction of 10,000 gross square feet or greater of non-residential space; or an addition of 20% or more of Gross Floor Area to an existing building; or a Change of Use of 10,000 gross square feet or greater of a PDR use to a non-PDR use.
(ii) Project sponsors that meet the thresholds of this Subsection shall submit a streetscape plan to the Planning Department showing the location, design, and dimensions of all existing and proposed streetscape elements in the public right-of-way directly adjacent to the fronting property, including street trees, sidewalk landscaping, street lighting, site furnishings, utilities, driveways, and curb lines, and the relation of such elements to proposed new construction and site work on the subject property.
(B) Standards.
(i) Required streetscape elements. A continuous soil-filled trench parallel to the curb shall connect all street tree basins for those street trees required under the Public Works Code. The trench may be covered only by Permeable Surfaces as defined in Section 102 of the Planning Code, except at required tree basins, where the soil must remain uncovered. The Director of Planning, or his or her designee, may modify or waive this requirement where a continuous trench is not possible due to the location of existing utilities, driveways, sub-sidewalk basements, or other pre-existing surface or sub-surface features.
(ii) Additional streetscape elements. The Department may require a project to construct any Standard Streetscape Element listed in Table 1, above, including benches, bicycle racks, curb ramps, corner curb extensions, specified bulb-outs, stormwater facilities, lighting, sidewalk landscaping, special sidewalk paving, and other site furnishings.
a. Streetscape elements shall be selected from a City-approved palette of materials and furnishings, where applicable, and shall be subject to approval by all applicable City agencies.
b. Additionally, streetscape elements shall be consistent with the overall char- acter and materials of the district, and shall have a logical transition or termination to the sidewalk and/or roadway adjacent to the fronting property.
(iii) Sidewalk widening. The Planning Department, in consultation with other agencies, shall evaluate whether sufficient roadway space is available for sidewalk widening for the entirety or a portion of the fronting public right-of-way in order to meet or exceed the recommended sidewalk widths for the appropriate street type per Table 2 and the Better Streets Plan and/or to provide additional space for pedestrian and streetscape amenities. If it is found that sidewalk widening is feasible and desirable, the Planning Department shall require the owner or developer to install such sidewalk widening as a condition of approval, including all associated utility re-location, drainage, and street and sidewalk paving.
(iv) Minimum sidewalk width. New publicly-accessible right-of-ways proposed as part of development projects shall meet or exceed the recommended sidewalk widths for the appropriate street type per Table 2. Where a consistent front building setback of 3 feet or greater extending for at least an entire block face is provided, the recommended sidewalk width may be reduced by up to 2 feet. Where a Board of Supervisors adopted streetscape plan or community-based plan recommends a sidewalk width greater than the recommended sidewalk width in Table 2 below, the City may require development projects to meet the greater of the two widths.
Street Type (per Better Streets Plan) | Recommended Sidewalk Width (Minimum required for new streets) |
Street Type (per Better Streets Plan) | Recommended Sidewalk Width (Minimum required for new streets) | |
Commercial | Downtown commercial | For Downtown Commercial Streets that are sited within the Downtown Streetscape Plan Area, the recommended sidewalk width shall be the width recommended in the Downtown Streetscape Plan. For Downtown Commercial Streets that are sited outside of the Downtown Streetscape Plan Area, the recommended sidewalk width shall be 15 feet. |
- | Commercial throughway | 15 feet |
- | Neighborhood commercial | 15 feet |
Residential | Downtown residential | 15 feet |
- | Residential throughway | 15 feet |
- | Neighborhood residential | 12 feet |
Industrial/Mixed-Use | Industrial | 10 feet |
- | Mixed-use | 15 feet |
Special | Parkway | 17 feet |
- | Park edge (multi-use path) | 25 feet |
- | Multi-way boulevard | 15 feet |
- | Ceremonial | varies |
Small | Alley | 9 feet |
- | Shared public way | n/a |
- | Paseo | varies |
(C) Review and approvals.
(i) The project sponsor shall submit to the Planning Department the streetscape plan required by this section with the project’s first Development Application as defined in Section 401, and the Planning Department or Commission shall consider it for approval at the time of other project approval actions. Prior to making its determination about required streetscape and pedestrian elements, the Planning Department shall consult with other City agencies tasked with the design, permitting, use, and maintenance of the public right-of-way. If, after this consultation, any of the affected agencies find that the project sponsor cannot install one or more of the Standard Streetscape Elements due to physical constraints of or other complications related to the site or the public right-of-way surrounding or in the vicinity of the project, then the Department may impose alternative streetscape improvement requirements that provide equivalent or better protection to pedestrians, bicyclists, or transit movement, and/or reduce conflicts among transportation modes. However, such alternative improvements shall cost no more than Standard Streetscape Elements that would have been required and shall be approved only after consultation with the affected agencies.
(ii) Final approval by the affected agencies and construction of such streetscape improvements shall be completed prior to the issuance of the first Certificate of Occupancy or temporary Certificate of Occupancy for the project, unless otherwise extended by the Zoning Administrator. Should conditions, policies, or determinations by other City agencies require a change to the streetscape plan after approval of the streetscape plan but prior to commencement of construction of the streetscape improvements, the Planning Department shall have the authority to require revision to such streetscape plan. In such case, the Zoning Administrator shall extend the timeframe for completion of such improvements by an appropriate duration as necessary.
(iii) Should the construction timeline for a development project be shorter than the construction timeline for the associated streetscape improvement, such as for a change-of-use project, the Zoning Administrator may extend the timeframe for completion of such improvements by an appropriate duration as necessary. As a condition of any such extension, the Zoning Administrator can require the project sponsor to post a bond in the amount of such improvement and subject to the terms that the Zoning Administrator deems appropriate.
(iv) Waiver. Any City agency tasked with the design, permitting, use, and maintenance of the public right-of-way, may waive any or all Department required improvements of the streetscape plan as described in this Subsection under that agency’s jurisdiction if said agency determines that such improvement or improvements is inappropriate, interferes with utilities to an extent that makes installation financially infeasible, or would negatively affect the public welfare. Any such waiver shall be from the Director or General Manager of the affected agency, shall be in writing to the applicant and the Department, and shall specify the basis for the waiver. Waivers, if any, shall be obtained prior to commencement of construction of the streetscape improvements unless extenuating circumstances arise during the construction of said improvements. If such a waiver is granted, the Department reserves the right to impose alternative streetscape improvement requirements that provide equivalent or better protection to pedestrians, bicyclists, or transit movement, and/or reduce conflicts among transportation modes. However, such alternative requirements shall cost no more than element or elements that have been waived in the adopted streetscape plan and shall be approved only after consultation with the affected agencies. This Subsection shall not apply to the waiver of the street tree requirement set forth in Section 138.1(c)(1).
(d) Neighborhood Streetscape Plans. In addition to the requirements listed in Subsection 138.1(c), the Planning Department in coordination with other city agencies, and after a public hearing, may adopt streetscape plans for particular streets, neighborhoods, and districts, containing standards and guidelines to supplement the Better Streets Plan. Development projects in areas listed in this subsection that propose or are required through this section to make pedestrian and streetscape improvements to the public right-of-way shall conform with the standards and guidelines in the applicable neighborhood streetscape plan in addition to those found in the Better Streets Plan.
(1) Downtown Streetscape Plan.
(A) In any C-3 District sidewalk paving as set forth in the Downtown Streetscape Plan shall be installed by the applicant under the following conditions:
(i) Any new construction;
(ii) The addition of Gross Floor Area equal to 20 percent or more of an existing building; or
(iii) A Change of Use of 10,000 or more gross square feet of PDR use to a non-PDR use.
(B) In accordance with the provisions of Section 309 of the Planning Code governing C-3 Districts, when a permit is granted for any project abutting a public sidewalk in a C-3 District, the Planning Commission may impose additional requirements that the applicant install sidewalk improvements such as benches, bicycle racks, lighting, special paving, seating, landscaping, and sidewalk widening in accordance with the guidelines of the Downtown Streetscape Plan if it finds that these improvements are necessary to meet the goals and objectives of the General Plan of the City and County of San Francisco. In making this determination, the Planning Commission shall consider the level of street as defined in the Downtown Streetscape Plan.
(C) If a sidewalk widening or a pedestrian street improvement is used to meet the open space requirement, it shall conform to the guidelines of Section 138.
(D) The Planning Commission shall determine whether the streetscape improvements required by this Section may be on the same site as the building for which the permit is being sought, or within 900 feet, provided that all streetscape improvements are located entirely within the C-3 District.
(2) Rincon Hill Streetscape Plan. In the Rincon Hill Downtown Residential Mixed Use (RH-DTR) and Folsom and Main Residential/Commercial Special Use Districts, the boundaries of which are shown in Section Map No. 1 of the Zoning Map,
for all frontages abutting a public sidewalk, the project sponsor is required to install sidewalk widening, street trees, lighting, decorative paving, seating and landscaping in accordance with the approved Streetscape Master Plan of the Rincon Hill Area Plan for: (A) any new construction; or (B) the addition of Gross loor1
Area equal to 20 percent or more of an existing building, or (C) a Change of Use of 10,000 or more square feet from a PDR use to a non-PDR use.
(e) Additional provisions.
(1) Maintenance. Unless otherwise determined, fronting property owners shall maintain all streetscape improvements required by this section, including landscaping, bicycle racks, benches, special paving, and other site furnishings at no public expense per the requirements of the Public Works Code and the Better Streets Plan for sidewalks and street furnishings, except for street trees and standard street lighting from a City-approved palette of street lights and any improvements within the roadway. Conditions intended to assure continued maintenance of the improvements for the actual lifetime of the building giving rise to the streetscape improvement requirement may be imposed as a condition of approval by the Planning Department.
(2) For any streetscape and/or pedestrian improvements installed pursuant to this section, the abutting property owner or owners shall hold harmless the City and County of San Francisco, its officers, agents, and employees, from any damage or injury caused by reason of the design, construction or maintenance of the improvements, and shall require the owner or owners or subsequent owner or owners of the respective property to be solely liable for any damage or loss occasioned by any act. This requirement shall be deemed satisfied if City permits for the improvements include indemnification and hold harmless provisions.
(3) Notwithstanding the provisions of this Section, an applicant shall apply for and obtain all required permits and approvals for changes to the legislated sidewalk widths and street improvements.
(f) Removal and modification of private encroachments on public rights-of-way.
(1) Applicability. This section shall apply to developments that:
(A) construct new buildings;
(B) include building alterations which increase the gross square footage of a structure by 20 percent or more;
(C) add off-street parking or loading; or
(D) remove off-street parking or loading.
(2) Requirements. As a condition of approval for the applicable developments in subsection (b), the Planning Department may require the project sponsor to:
(A) reduce the number or width of driveway entrances to a lot, to comply with the streetscape requirements of this Code and the protected street frontages of Section 155(r);
(B) remove encroachments onto or over sidewalks and streets that reduce the pedestrian path of travel, or reduce the sidewalk area available for streetscape amenities such as landscaping, street trees and outdoor seating;
(C) remove or reduce in size basements which extend under public rights-of-way.
(3) Standards. In instances where such encroachments are removed, the Planning Department shall require that the replacement curbs, sidewalks, street trees, and landscaping shall meet the standards of the Better Streets Plan and of any applicable neighborhood streetscape plans.
(Added by Ord. 314-95, App. 10/6/95; amended by Ord. 310-10, File No. 101194, App. 12/16/2010; Ord. 232-14
, File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. 119-15
, File No. 150221, App. 7/15/2015, Eff. 8/14/2015; Ord. 123-15
, File No. 150357, App. 7/17/2015, Eff. 8/16/2015; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 195-18, File No. 180268, App. 8/10/2018, Eff. 9/10/2018; Ord. 218-18, File No. 180752, App. 9/14/2018, Eff. 10/15/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024)
AMENDMENT HISTORY
Subdivision designations corrected throughout divisions (c) and (d); former divisions (c)(1)(B)-(D) and division (d)(1)(A) amended; division (f) added; Ord. 232-14
, Eff. 12/26/2014. Division (c)(1) amended; former divisions (c)(1)(A)-(D) deleted; division (c)(2)(B) amended; new division (c)(2)(B)(i) added and former divisions (c)(2)(B)(i)-(iii) redesignated as (c)(2)(B)(ii)-(iv); current division (c)(2)(B)(ii) amended; Ord. 119-15
, Eff. 8/14/2015. Division (d)(2) amended; Ord. 123-15
, Eff. 8/16/2015. Table 1 amended; Ord. 188-15
, Eff. 12/4/2015. Nonsubstantive amendment to division (c)(1); Ord. 195-18, Eff. 9/10/2018. Division (c)(1) amended; Ord. 218-18, Eff. 10/15/2018. Divisions (b)(3), (c)(2)(A)(i)a. and b., (c)(2)(C)(iii), and (d)(1)(A)(iii) added; former division (c)(2)(C)(iii) redesignated as (c)(2)(C)(iv) and amended; Tables 1 and 2 amended; divisions (c)(1), (c)(2)(A)(i), (c)(2)(B)(i)-(iv), (c)(2)(C)(i), (d)(1)(A)(ii), (d)(2), (e)(1), and (f)(1) amended; Ord. 277-18, Eff. 12/21/2018. Table 2 amended; Ord. 63-20, Eff. 5/25/2020. Division (c)(1) amended; Ord. 62-24, Eff. 4/28/2024.
CODIFICATION NOTE
1. So in Ord. 277-18.
(a) Purpose. The purpose of this Section is to establish Bird-Safe Standards for new building construction and replacement facades to reduce bird mortality from circumstances that are known to pose a high risk to birds and are considered to be "bird hazards." The two circumstances regulated by this Section are 1) location-related hazards, where the siting of a structure creates increased risk to birds and 2) feature-related hazards, which may create increased risk to birds regardless of where the structure is located. Location-related hazards are created by structures that are near or adjacent to large open spaces and/or water. When structures are located in such an area, the portion of the structure most likely to sustain bird-strikes requires facade treatments. Even if a structure is not located near a locational hazard, particular building features also may create a hazard for birds. Structures that create such a feature-related hazard are required to treat all of the feature-related hazard. While these controls do not apply retroactively, the purpose of these controls is to ensure that new construction is bird-safe and to decrease existing bird-hazards over time.
(b) Definitions.
(1) Bird-Safe Glazing Treatment. Bird-Safe Glazing Treatment may include fritting, netting, permanent stencils, frosted glass, exterior screens, physical grids placed on the exterior of glazing or UV patterns visible to birds. To qualify as Bird-Safe Glazing Treatment vertical elements of window patterns should be at least 1/4 inch wide at a maximum spacing of 4 inches or horizontal elements at least 1/8 inch wide at a maximum spacing of 2 inches.
(2) Bird Hazard. Specific circumstances that create a hazard for birds due to either the location of the building or due to specific building features that increase the risk of bird-building collisions as described under (c) below.
(c) Controls. The following Bird-Safe Standards shall apply to: 1) new construction, 2) building additions that create a Bird Hazard, or 3) the replacement of 50% or more of the glazing on an existing Bird Hazard. Additions to existing buildings subject to this subsection are required only to treat the new building addition. Bird Hazards consist of: 1) location-related hazards and 2) feature-related hazards and the standards specified below shall apply to structures that present these hazards. These controls shall apply to all structures subject to this Section regardless of whether the ownership or use is public or private.
(1) Location-Related Standards. These standards apply to buildings located inside of open spaces two acres and larger dominated by vegetation, including vegetated landscaping, forest, meadows, grassland, or wetlands, or open water (hereinafter an Urban Bird Refuge). These standards also shall apply to buildings less than 300 feet from an Urban Bird Refuge if such buildings are in an unobstructed line to the refuge. The standards are as follows:
(A) Facade Requirement. Bird-Safe Glazing Treatment is required such that the Bird Collision Zone, as defined below, facing the Urban Bird Refuge consists of no more than 10% untreated glazing. Building owners are encouraged to concentrate permitted transparent glazing on the ground floor and lobby entrances to enhance visual interest for pedestrians. The Bird Collision Zone shall mean the portion of buildings most likely to sustain bird-strikes from local and migrant birds in search of food and shelter and includes:
(i) The building facade beginning at grade and extending upwards for 60 feet, or
(ii) Glass facades directly adjacent to landscaped roofs 2 acres or larger and extending upwards 60 feet from the level of the subject roof.
(C) Wind Generation. Wind generators in this area shall comply with the Planning Department's permitting requirements, including any monitoring of wildlife impacts that the Department may require.
(2) Feature-Related Standards. Feature-related hazards include free-standing glass walls, wind barriers, skywalks, balconies, and greenhouses on rooftops that have unbroken glazed segments 24 square feet and larger in size. Feature-related hazards can occur throughout the City. Any structure that contains these elements shall treat 100% of the glazing on Feature-Specific hazards.
(3) Exceptions. Certain exceptions apply to this Section as set forth below.
(A) Certain Exceptions for Location-Related Standards to be Applied to Residential Buildings Within R-Districts.
(i) Limited Glass Facade. Residential buildings within R- Districts that are less than 45 feet in height and have an exposed facade comprised of less than 50% glass are exempt from new or replacement facade glazing requirements included in Section 139(c)(1) Location-Related Standards.
(ii) Substantial Glass Facade. Residential buildings that are less than 45 feet in height but have a facade with surface area composed of more than 50% glass, shall provide glazing treatments as described in Section 139(c)(1)(A) for 95% of all large, unbroken glazed segments that are 24 square feet and larger.
(B) General Exceptions for Historic Buildings. Treatment of replacement glass facades for structures designated as City landmarks or within landmark districts pursuant to Article 10 of the Planning Code, or any building Category I-IV or Category V within a Conservation District pursuant to Article 11 of the Planning Code, shall conform to Secretary of Interior Standards for Rehabilitation of Historic Properties. Reversible treatment methods such as netting, glass films, grates, and screens are recommended. Netting or any other method demonstrated to protect historic buildings from pest species that meets the Specifications for Bird-Safe Glazing Treatment stated above also may be used to fulfill the requirement.
AMENDMENT HISTORY
(See Interpretations related to this Section.)
(a) Requirements for Dwelling Units. In each Dwelling Unit in any use district, the required windows (as defined by Section 504 of the San Francisco Housing Code
) of at least one room that meets the 120-square-foot minimum superficial floor area requirement of Section 503 of the Housing Code
shall face directly onto an open area of one of the following types:
(1) A public street, public alley at least 20 feet in width, side yard at least 25 feet in width, or rear yard meeting the requirements of this Code; provided, that if such windows are on an outer court whose width is less than 25 feet, the depth of such court shall be no greater than its width; or
(2) An open area (whether an inner court or a space between separate buildings on the same lot) which is unobstructed (except for fire escapes not projecting more than necessary for safety and in no case more than four feet six inches, chimneys, and those obstructions permitted in subsections 136(c)(14), (15), (16), (19), (20) and (29) of this Code) and is no less than 25 feet in every horizontal dimension for the floor at which the Dwelling Unit in question is located.
(3) In accordance with Section 210.5, this Section 140 shall not apply to Commercial to Residential Adaptive Reuse projects.
(b) Requirements for Group Housing. For group housing projects, either each bedroom or at least one interior common area that meets the 120 square-foot minimum superficial floor area requirement of Section 503 of the Housing Code shall include windows meeting the requirements of subsections (a)(1) or (a)(2) above. The requirements of this subsection (b) may be waived by the Zoning Administrator per Section 307(m) of this Code.
(c) Exceptions.
(1) For historic buildings identified in Section 307(h), and for the conversion of a nonconforming use in an existing building to a Residential Use in a district where the Residential Use is principally permitted, the requirements of this Section 140 may be modified or waived pursuant to the procedures and criteria set forth in Sections 307(h) and 329. This administrative exception does not apply to new additions to historic buildings.
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(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 115-90, App. 4/6/90; Ord. 368-94, App. 11/4/94; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 196-11
, File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 232-14
, File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. 164-15
, File No. 150348, App. 9/23/2015, Eff. 10/23/2015, Retro. 5/20/2015; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 195-18, File No. 180268, App. 8/10/2018, Eff. 9/10/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 122-23, File No. 230371, App. 7/5/2023, Eff. 8/5/2023; Ord. 159-23, File No. 230732, App. 7/28/2023, Eff. 8/28/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024)
AMENDMENT HISTORY
[Former] division (b) amended; Ord. 196-11
, Eff. 11/3/2011. Divisions (a), (a)(1), and [former] (b) amended; Ord. 232-14
, Eff. 12/26/2014. Division (a) amended; new division (b) added and former division (b) redesignated as (c); Ord. 164-15
, Eff. 10/23/2015. Diagram amended; other nonsubstantive changes; Ord. 188-15
, Eff. 12/4/2015. Division (c) content redesignated as (c)(1); division (c)(2) added; Ord. 195-18, Eff. 9/10/2018. Division (a) amended; Ord. 296-18, Eff. 1/12/2019. Division (a)(3) added; Ord. 122-23, Eff. 8/5/2023, and Ord. 159-23, Eff. 8/28/2023. Division (a)(2) amended; Ord. 248-23, Eff. 1/14/2024. Division (c)(2) amended; Ord. 62-24, Eff. 4/28/2024.
Editor's Note:
Ordinance 155-15 (File No. 150348, App. 8/6/2015, Eff. 9/5/2015) purported to amend this section. At the direction of the Office of the City Attorney, Ord. 155-15 was never codified (and accordingly is not referenced in the history notes above). Its provisions effectively were superseded by Ord. 164-15 (File No. 150348, App. 9/23/2015, Eff. 10/23/2015, Retro. 5/20/2015).
Ordinance 155-15 (File No. 150348, App. 8/6/2015, Eff. 9/5/2015) purported to amend this section. At the direction of the Office of the City Attorney, Ord. 155-15 was never codified (and accordingly is not referenced in the history notes above). Its provisions effectively were superseded by Ord. 164-15 (File No. 150348, App. 9/23/2015, Eff. 10/23/2015, Retro. 5/20/2015).
Buildings with 20 or more Efficiency Dwelling Units with reduced square footage, as defined in Section 318 of this Code, shall include at least one common room for use by the residents. Such common room(s) may be used as study or reading rooms, shared kitchen or dining facilities, media rooms, game rooms, fitness facilities, or similar uses appropriate to the needs of residents. Interior common areas shall be of sufficient size to reasonably accommodate residents' needs, but in no event shall the area required be less than ten square feet per unit.
(See Interpretations related to this Section.)
(a) In R, NC, C, M, WMUG, WMUO, RED, RED-MX, SALI and Mixed Use Districts, rooftop mechanical equipment and appurtenances to be used in the operation or maintenance of a building shall be arranged so as not to be visible from any point at or below the roof level of the subject building. This requirement shall apply in construction of new buildings, and in any alteration of mechanical systems of existing buildings that results in significant changes in such rooftop equipment and appurtenances. The features so regulated shall in all cases be either enclosed by outer building walls or parapets, or grouped and screened in a suitable manner, or designed in themselves so that they are balanced and integrated with respect to the design of the building. Minor features not exceeding one foot in height shall be exempted from this regulation.
(1) the enclosure or screening is designed as a logical extension of the building form and an integral part of the overall building design;
(2) its cladding and detailing is comparable in quality to that of the rest of the building;
(3) if enclosed or screened by additional volume, as authorized by Section 260(b), the rooftop form is appropriate to the nature and proportions of the building, and is designed to obscure the rooftop equipment and appurtenances and to provide a more balanced and graceful silhouette for the top of the building or structure; and
(4) the additional building volume is not distributed in a manner which simply extends vertically the walls of the building.
(c) In Mixed Use Districts, mechanical equipment and appurtenances shall be enclosed in such a manner that:
(1) the enclosure is designed as a logical extension of the building form and an integral part of the overall building design;
(2) its cladding and detailing is comparable in quality to that of the rest of the building;
(3) if screened by additional volume, as authorized by Section 260(b), the rooftop form is appropriate to the nature and proportions of the building, and is designed to obscure the rooftop equipment and appurtenances and to provide a more balanced and graceful silhouette for the top of the building or structure; and
(4) the additional building volume is not distributed in a manner which simply extends vertically the walls of the building.
(d) Off-street parking or freight loading spaces shall only be permitted on unenclosed rooftops when the parking area is screened with fencing, trellises and/or landscaped screening features such that parked vehicles cannot be easily viewed from adjacent buildings, elevated freeways or public vista points.
(Ord. 532-85, 1985; amended by Ord. 414-85, App. 9/17/85; Ord. 69-87, App. 3/13/87; Ord. 115-90, App. 4/6/90; Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 42-13
, File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 232-14
, File No. 120881, App. 11/26/2014, Eff. 12/26/2014)
AMENDMENT HISTORY
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