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.

Code Section: 140 (a)(1)

Subject: Dwellings to face an open area

Effective Date: 3/90 (Revised 3/21)

Interpretation:

   This Section says that each dwelling unit or group housing use must face a public right-of-way or qualifying open area on the subject lot. It was clarified that in order to satisfy this requirement, the public alley must be at least 20 feet in width and the side yard must be at least 25 feet in width. By definition, a public street is at least 30 feet in width. The rear yard need not be 25 feet in width and depth as long as it complies with the Code.

Code Section: 140 (a)(1)

Subject: Exposure — Side Yard and Outer Court

Effective Date: 3/21

Interpretation:

   This Section requires each dwelling unit or group housing use to face a qualifying right-of-way or open area. In order to be considered a side yard for purposes of this Section, it must be both at least 25 feet wide AND extend the entire depth of the lot. If a side yard is less than 25 feet wide or does not extend for the entire depth of the lot, it will be treated as an outer court.

Code Section: 140 (a)(1)

Subject: Exposure — Minimum Open Area

Effective Date: 3/21

Interpretation:

   This Section says that each dwelling unit or group housing use must face a qualifying right-of-way or open area, including a Code-complying rear yard. Some zoning districts, including the Chinatown Mixed Use Districts, are subject to a site coverage requirement instead of a rear yard requirement. In these cases, an open area resulting from the site coverage requirement may be considered a qualifying open area similar to a Code-complying rear yard for purposes of Section 140. This finding may be made by the Zoning Administrator on a case-by-case basis if the open area meets all of the following:

1.   The size of the open area is equal to, or greater than, the entire noncovered area requirement resulting from the site coverage requirement;

2.   Each horizontal dimension of the open area is a minimum of 15 feet;

3.   The open area is placed in a manner that provides optimal light and air to the subject and adjacent properties; and

4.   The open area is wholly or partially contiguous to the existing midblock open space formed by the rear yards of adjacent properties.

Code Section: 140 (a)(2)

Subject: Exposure — Noncomplying Structure

Effective Date: 9/88

Interpretation:

   A lot (AB 6693/10) had a building at both the front (abutting Arlington Street) and the rear of the lot. The rear of the lot abutted a City-owned lot (Assessor’s Lot No. 24) between the subject lot and San Jose Avenue. On the City-owned lot, a sidewalk ran parallel to San Jose Avenue and abutted the subject lot. Beyond the sidewalk, the City-owned parcel was undeveloped and sloped down to the street as if it were part of the street right-of-way. The question was whether the house at the rear of the subject lot directly faced San Jose Avenue and therefore conformed to Subparagraph (a)(1) of this Section. The City-owned lot could not be considered to be part of the street right-of-way and therefore, any addition to the complying house on the front of the subject lot would have to provide the open area between it and the noncomplying house at the rear per Subparagraph (a)(2) of this Section.

Code Section: 140 (a)(2)

Subject: Exposure — Minimum Open Area

Effective Date: 

Interpretation:

   This Paragraph states that, as an alternative to facing a street or alley, a dwelling unit may face an open court which is at least 25 feet in every horizontal direction. The question arose whether the minimum dimension of such court shall be 25 feet or 25% of the lot depth, whichever is greater. The minimum requirement is 25 feet, not 25%, of the lot depth.

Code Section: 140 (a) and (b)

Subject: Exposure — Face Directly

Effective Date: 3/21

Interpretation:

   Planning Code Section 140 regulates exposure to light and air 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 street, rear yard, side yard, outer court, or open area. A question arose as to what qualifies as “facing directly” onto a qualifying open area when the required windows face onto a sunken patio, most typically facing a rear yard on an upsloping lot. In these cases, the qualifying window must meet all of the following requirements to be considered to face directly onto the qualifying open area:

1.   The lowest sill of the window must maintain an unobstructed access plane of 45 degrees to the edge of the qualifying open area;

2.   The highest level or sill of the window must maintain an unobstructed access plane of 45 degrees to the edge of the qualifying open area; and

3.   The window must maintain an unobstructed access plane of 45 degrees in each lateral direction from each edge of the window to the edge of the qualifying open area. However, one such lateral plane is permitted to not reach the qualifying open area if it first terminates at a property line.

Any such qualifying window that provides this unobstructed 45-degree access will be considered to “face directly” onto the qualifying open area.

Code Section: 140 (a) and (b)

Subject: Exposure — Required Windows

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. In calculating the qualifying area of the required windows for purpose of this section, only that portion within 7 feet 6 inches of the finished floor shall be counted. If a window extends higher than 7 feet 6 inches above the finished floor level, window area above such height shall not count towards the required window area.