The following requirements for minimum lot width and area shall apply to all properties in the City, regardless of the use of the property, regardless of the zoning district in which the property is located, and regardless of whether the ownership or use is public or private. The provisions of Article 1.7 of this Code, and especially Sections 173, 180 and 189 thereof, shall also be applicable with respect to lot width and area.

   (a)   Frontage. Every newly created lot shall have and maintain frontage on a public street or alley as defined by this Code, or on some other permanent right-of-way from which there shall be vehicular access to such lot, and in each case such frontage shall have a minimum width of 16 feet. Where an existing lot of record does not have such frontage, but has other access from a street or alley, such other access shall be maintained for such lot.

   (c)   Measurement. The lot width shall be measured as a horizontal distance between the side lot lines. The lot area shall be measured as a horizontal plane enclosed by the lot lines. Where a lot is not in the form of an ordinary rectangle, the specified minimum lot width shall be maintained for a sufficient depth on the lot to enable the minimum lot area requirement to be satisfied within the portion of the lot having such minimum lot width.

 

      (1)   The mass, facade, and other physical characteristics of the proposed structure are compatible with objective design standards established with community input for the districts listed above, which may be specific to particular districts.

      (2)   Where 5,000 or more gross square feet of Non-Residential space is proposed, the project provides commercial spaces in a range of sizes, including one or more spaces of 1,000 gross square feet or smaller, to accommodate a diversity of neighborhood business types and business sizes.

   (a)   In order to protect and maintain a scale of development appropriate to each district, Non-Residential Use Sizes larger than the square footage stated in the table below may be permitted only as Conditional Uses, subject to the exception in Section 121.2(b). The Non-Residential Use Size shall be measured as the Gross Floor Area for each individual Non-Residential Use.

      In addition to the criteria of Section 303(c) of this Code, the Commission shall consider the extent to which the following criteria are met:

      (1)   The intensity of activity in the district is not such that allowing the larger use will be likely to foreclose the location of other needed neighborhood-serving uses in the area.

      (2)   The proposed use will serve the neighborhood, in whole or in significant part, and the nature of the use requires a larger size in order to function.

      (3)   The building in which the use is to be located is designed in discrete elements which respect the scale of development in the district.

   (b)   Notwithstanding Sections 121.2(a), 178, and 186.1, existing Non-Residential Uses that are larger than the use size limits in subsection (a) may be divided into two or more smaller Non-Residential Uses that are larger than the use size limits in subsection (a), and such a division shall not require a Conditional Use Authorization provided the division does not cause a Net Addition of Gross Floor Area.

   (c)   In order to protect the pedestrian scale of the Mission Street NCT and provide space for small businesses, the following control shall apply in the Mission Street NCT:

   (d)   In order to protect and maintain the pedestrian scale of the Castro Street Neighborhood Commercial District and provide space for small businesses, Non-Residential Use Sizes larger than 4,000 square feet shall not be permitted, with the exception that a Child Care Facility, School, Post-Secondary Educational Institution, Religious Institution, Social Service or Philanthropic Facility, Community Facility, or a Residential Care Facility as defined in Section 102 of this Code that is operated by a non-profit and is neighborhood-serving may exceed this Non-Residential Use Size limit with Conditional Use authorization.

   (a)   In order to promote, protect, and maintain a scale of development which is appropriate to each Mixed Use District and complementary to adjacent buildings, new construction or enlargement of existing buildings on lots larger than the square footage stated in the table below shall be permitted as conditional uses subject to the provisions set forth in Section 303.

 

 

   In order to protect and maintain small scale use within an historically significant area and to conserve neighborhood-serving uses in Chinatown, Commercial Uses which exceed the use size limits up to the maximum limits stated in the table below shall be permitted only as Conditional Uses subject to the provisions set forth in Section 303 of this Code. The use area shall be measured as the Gross Floor Area for each individual commercial use. Individual Commercial Uses above the use size maximum below shall not be permitted, except that a Social Service or Philanthropic Facility may be permitted as a Conditional Use pursuant to Section 303, subsection (bb) of this Code. Further, any nonconforming use size that exceeds the maximum below shall be deemed abandoned by any change of use or if no business has operated within the space for more than eighteen months, except a nonconforming use size shall not be deemed abandoned if (1) the change of use is to a Restaurant that is a Legacy Business or to an Institutional Community Use, or (2) upon Conditional Use Authorization the change of use is to a Social Service or Philanthropic Facility that primarily serves the Chinatown neighborhood pursuant to Section 303, subsection (bb) of this Code. However, any such abandoned use size may be re-established if the first use to occupy the space after its abandonment is an Institutional Community Use or a Restaurant use that will be occupied by a Legacy Business.

 

 

   In the Chinatown Visitor Retail, Chinatown Residential Neighborhood Commercial, and Chinatown Community Business Districts, the use size limit shall not apply to a Restaurant that is a Legacy Business or to an Institutional Community Use.

   Notwithstanding any other provision of this Code, establishment of a single retail use in excess of 50,000 gross square feet in any zoning district other than the C-3 Zoning Districts shall require conditional use authorization pursuant to Section 303 unless such use already is prohibited. This Section 121.6 shall apply to the establishment of a new use and the expansion of an existing use. For purposes of this Section, “single retail use” shall include, except for Hotels and Motels, all Retail Sales and Service Uses listed in Section 102 and retail uses identified in Article 8 of this Code. This Section shall not apply to Health Service Uses and Reproductive Health Clinics located in the MUO District east of 7th Street. Notwithstanding this Section 121.6, division of Non-Residential Use Sizes is permitted to the extent provided in Section 121.5.

      (1)   One of the lots to be merged has total street frontage on the restricted street of less than 20 feet; or

      (2)   The project sponsor is a government agency or institution subject to Section 304.5 of this Code, and the purpose of the project is for a public facility, public building, or institutional building; or

      (3)   The project involves normalizing substandard or irregular lots that are publicly owned or are being transferred from public to private ownership, including lots of the former Central Freeway; or

      (4)   The lots to be merged contain a pre-existing single building spanning multiple lots; or

      (5)   The lot merger will enable a specific residential project in which a majority of the units on-site will be affordable as defined by Section 402.

      (1)   The lot merger will enable a specific residential project that provides housing on-site at affordability levels significantly exceeding the requirements of Section 415; or

      (2)   The lot merger will facilitate development of an underutilized site historically used as a single use and the new project is comprised of multiple individual buildings; or

      (3)   The lot merger serves a unique public interest that cannot be met by building a project on a smaller lot.

   In order to promote, protect, and maintain viable space for a wide range of light industrial uses in PDR Districts, in furtherance of Objective 4 of the Commerce and Industry Element and Policies 1.5 and 8.1 of the Bayview Hunters Point Area Plan, any proposal to subdivide, resubdivide, or perform a lot line adjustment to a parcel that is equal to or greater than 10,000 square feet, into one or more smaller parcels, shall be permitted only with Conditional Use authorization.

   Additionally, all proposals for the subdivision, resubdivision, or lot line adjustments of parcels in PDR Districts shall be evaluated in consideration of the following criteria in order to further Objective 4 of the Commerce and Industry Element and Policies 1.5 and 8.1 of the Bayview Hunters Point Area Plan:

   (a)   The proposed parcelization will support light industrial activities in the district.

   (b)   If the resulting parcelization will require demolition of a structure, the demolition of the structure complies with the Industrial Uses replacement requirement per Section 202.7.

   (c)   The uses proposed for the parcels, if any, comply with the cumulative use size limits detailed in the PDR Zoning Control Table.

   Buildings and structures shall be subject to the height and bulk limits established by Article 2.5 of this Code for use districts and for height and bulk districts.

   (a)   The limits upon the floor area ratio of buildings, as defined by this Code, shall be as stated in this Section and Sections 124 through 128.1. The maximum floor area ratio for any building or development shall be equal to the sum of the basic floor area ratio for the district, as set forth in Section 124, plus any premiums and floor area transfers which are applicable to such building or development under Sections 125, 127, 128 and 128.1 and as restricted by the provisions of Sections 123(c) and (d) and 124(b) and (j).

   (b)   No building or structure or part thereof shall be permitted to exceed, except as stated in Sections 172 and 188 of this Code, the floor area ratio limits herein set forth for the district in which it is located.

   (c)   In the C-3 Districts, the amount of TDR that may be transferred to a development lot, as allowed by Section 128, is limited as follows:

      (1)   The gross floor area of a structure on a lot in the C-3-O District may not exceed a floor area ratio of 18 to 1;

      (2)   The gross floor area of a structure on a lot in the C-3-R, C-3-G and C-3-S Districts may not exceed a floor area ratio that is 1½ times the basic floor area limit for the district as provided in Section 124. This section shall not apply to the C-3-S (SU) District.

   (d)   The gross floor area of a structure on a lot on which is or has been located a Significant or Contributory Building may not exceed the basic floor area ratio limits stated in Section 124 except as provided in Sections 128(c)(2) and 124(f).

   (f)   A project subject to the TDR requirements of Section 249.78 is subject to the floor area ratio restrictions contained in that Section.

 

   (b)   In R, RC, NC, and Mixed Use Districts, Floor Area Ratio limits shall not apply to Residential Uses. However, projects proposing new construction of a Dwelling Unit that would exceed the maximum dwelling unit size described in Section 207.10 may require Conditional Use authorization by the Planning Commission as set forth in Section 207.10. In Chinatown Mixed Use Districts, the above floor area ratio limits shall not apply to institutions, and mezzanine commercial space shall not be calculated as part of the floor area ratio.

   (c)   In a C-2 District the basic floor area ratio limit shall be 4.8 to 1 for a lot which is nearer to an RM-4 or RC-4 District than to any other R District, and 10.0 to 1 for a lot which is nearer to a C-3 District than to any R District. The distance to the nearest R District or C-3 District shall be measured from the midpoint of the front line, or from a point directly across the street therefrom, whichever gives the greatest ratio.

   (d)   In the Van Ness Special Use District, as described in Section 243 of this Code, the basic floor area ratio limit shall be 7.0 to 1 where the height limit is 130 feet and at the hospital site within the Van Ness Medical Use Subdistrict, and 4.8 to 1 where the height limit is 80 feet. Within the Van Ness Medical Use Subdistrict, the basic floor area ratio limit shall be 7.5 to 1 for a medical office building, subject to Conditional Use Authorization for a hospital, medical center or other medical institution.

   (e)   In the Waterfront Special Use Districts, as described in Sections 240 through 240.3 of this Code, the basic floor area ratio limit in any C District shall be 5.0 to 1.

   (f)   For buildings in C-3-G and C-3-S Districts, other than those designated as Significant or Contributory pursuant to Article 11 of this Code, additional square footage above that permitted by the base floor area ratio limits set forth above may be approved for construction of dwellings on the site of the building affordable for the Life of the Project, as defined in Section 401, to households whose incomes are within 150 percent of AMI, as defined in Section 401, for ownership units and up to 120% of AMI for rental units, in accordance with the conditional use procedures and criteria as provided in Section 303 of this Code. For buildings in the C-3-G District designated as Significant or Contributory pursuant to Article 11 of this Code, additional square footage above that permitted by the base floor area ratio limits set forth above up to the Gross Floor Area of the existing building may be approved, in accordance with the conditional use procedures and criteria as provided in Section 303 of this Code, where: (1) TDRs (as defined by Section 128(a)(5)) were transferred from the lot containing the Significant or Contributory building prior to the effective date of the amendment to Section 124(f) adding this paragraph when the floor area transferred was occupied by a non profit corporation or institution meeting the requirements for exclusion from Gross Floor Area calculation; (2) the additional square footage includes only the amount necessary to accommodate dwelling units and/or group housing units that are affordable for the Life of the Project to households whose incomes are within 60 percent of AMI as defined herein together with any social, educational, and health service space accessory to such units; and (3) the proposed change in use to dwelling units and accessory space and any construction associated therewith, if it requires any alternation to the exterior or other character defining features of the Significant or Contributory Building, is undertaken pursuant to the duly approved Permit to Alter, pursuant to Section 1110, provided, however, that the procedures otherwise required for a Major Alteration as set forth in Sections 1111.4 and 1111.5 and shall be deemed applicable to any such Permit to Alter.

      (1)   Any dwelling approved for construction under this provision shall be deemed a "Designated Unit" as defined below. Prior to the issuance by the Director of the Department of Building Inspection ("Director of Building Inspection") of a First Construction Document to construct any Designated Unit subject to this Section, the permit applicant shall notify the Director of Planning and the Director of MOHCD in writing whether the Designated Unit will be an owned or rental unit as defined in Section 401 of this Code.

      (2)   Unless specifically stated in this Section 124(f), each designated unit shall be subject to the provisions of Section 415 of this Code. For purposes of this Subsection and the application of Section 415 of this Code to Designated Units constructed pursuant to this Subsection, the definitions set forth in Section 401 of this Code shall apply.

      (3)   Except as specifically specified herein, Designated Units shall meet all of the procedures, pricing methodology, monitoring obligations and other requirements of the Inclusionary Housing Procedures Manual and either:

         (A)   Be used to satisfy the requirements of the Inclusionary Affordable Housing Program, Section 415 et seq., and meet all of the requirements of that Program, including the income limits specified therein; or

         (B)   Meet the requirements of this subsection (f), including the income limits specified, and be family sized, meaning that each Designated Unit contains at least 2 or 3 bedrooms. In the event that the Designated Unit is not also an On- or Off-site Unit under Section 415, Designated Units shall not be used to determine the required unit size mix for purposes of the Inclusionary Affordable Housing Program.

      (4)   MOHCD shall update its Procedures Manual if necessary to include any specific provisions related to Designated Units.

      (5)   Affordable unit gross square footage which is exempted per this section for FAR shall not be exempted for impact fees that are levied on a gross square foot or FAR basis.

   (g)   The allowable Gross Floor Area on a lot which is the site of an unlawfully demolished building that is governed by the provisions of Article 11 shall be the Gross Floor Area of the demolished building for the period of time set forth in, and in accordance with the provisions of, Section 1116 of this Code, but not to exceed the basic floor area permitted by this Section.

   (h)   In calculating the permitted floor area of a new structure in a C-3 District, the lot on which an existing structure is located may not be included unless the existing structure and the new structure are made part of a single development complex, the existing structure is or is made architecturally compatible with the new structure, and, if the existing structure is in a Conservation District, the existing structure meets or is made to meet the standards of Section 1109(c), and the existing structure meets or is reinforced to meet the standards for seismic loads and forces of the Building Code. Determinations under this Paragraph shall be made in accordance with the provisions of Section 309.

   (i)   In calculating allowable Gross Floor Area on a preservation lot from which any TDRs have been transferred pursuant to Section 128, the amount allowed herein shall be decreased by the amount of gross floor area transferred.

   (j)   For buildings in C-3-G and C-3-S Districts that are not designated as Significant or Contributory pursuant to Article 11 of this Code, additional square footage above that permitted by the base floor area ratio limits set forth above may be approved for construction of a project, or portion thereof, that constitutes a Student Housing project, as defined in Section 102 of this Code. Such approval shall be subject to the conditional use procedures and criteria in Section 303 of this Code.

   (k)   In the Cesar Chavez/Valencia Streets Medical Use Special Use District, as described in Section 249.68 of this Code, the basic floor area ratio limit shall be 2.6 to 1, subject to Conditional Use Authorization of a Hospital.

   (l)   For PDR-1-B, PDR-1-D, PDR-1-G and PDR-2 Districts see Table 210.3.

   (m)   Floor Area Ratio limits shall not apply to any new Gross Floor Area created in a C-3 District through a change of use on the ground floor of space that was devoted to uses previously excluded from Gross Floor Area per Section 102.

   (a)   The floor area ratios set forth for the Chinatown Residential Neighborhood Commercial District shall not apply to projects which have received commitment for Community Development Block Grant funds as of January 10, 1985 for creation of new housing. The applicable floor area ratios shall be those in effect on January 9, 1985.

   (b)   In the Chinatown Community Business District, Chinatown Visitor Retail District and the Chinatown Residential Neighborhood Commercial District, mezzanine commercial space and institutional use shall not be included in computation of the floor area ratios. A deed restriction limiting the space to institutional use shall be recorded on the property by the property owner.

   (c)   The floor area ratios set forth for the Chinatown Residential Neighborhood Commercial District shall not apply to hospitals or medical centers. The applicable floor area ratio for hospitals or medical centers shall be 4.8.

   (d)   The floor area ratios set forth for the Chinatown Mixed Use District shall not apply to any existing business originally located within or partially within a Chinatown Mixed Use District as of the effective date of this ordinance which must relocate as a result of acquisition by the City and County of San Francisco of the real property on which the business is situated. Such use must be the same as that use existing on the effective date of the ordinance. The applicable floor area ratio shall be a maximum of 4.8 or a lesser amount sufficient to accommodate replacement of improved property and parking used on a regular basis in connection with the business needing to relocate as determined by the Zoning Administrator.

   In any district other than an NC, C-3, or Mixed Use District in which a floor area ratio limit applies, the following premiums, where applicable, may be added to the basic floor area ratio limit to determine the maximum floor area ratio for a building or development:

   (a)   For a lot or portion thereof which is defined by this Code as a corner lot, a floor area premium may be added by increasing the area of the lot or portion, for purposes of floor area computation, by 25 percent;

   (b)   For a lot or portion thereof which is defined by this Code as an interior lot, and which abuts along its rear lot line upon a street or alley, a floor area premium may be added by increasing the depth of the lot or portion along such street or alley, for purposes of floor area ratio computation, by one-half the width of such street or alley or 10 feet, whichever is the lesser.

   (a)   When Allowed. The maximum permitted Gross Floor Area for any building or development on a lot may be increased by transfer to such lot of basic Gross Floor Area that is permitted in the Zoning Control Table for the district in which the lot is located but unbuilt upon an adjacent lot that is occupied by an historical, architectural or aesthetic landmark that has been so designated by the Board of Supervisors pursuant to Article 10 of this Code. For the purposes of this Section, an "adjacent lot" is one that either abuts for a distance not less than 25 feet along a side or rear lot line of the lot to which the basic gross floor area transfer is made (hereinafter referred to as the "transferee lot"), or would so abut for such a distance if not separated solely by a street or an alley.

   (a)    Definitions.

   (c)   Eligibility of Development Lots and Limitation on Use of TDR on Development Lots. TDR may be used to increase the allowable gross floor area of a development on a Development Lot if the following requirements and restrictions are satisfied:

      (1)   Transfer of Development Rights shall be limited to the following:

         (A)   The Transfer Lot and the Development Lot are located in a C-3 Zoning District; or

         (B)   the Transfer Lot contains a Significant building and is located in the South of Market Extended Preservation District, as set forth in Section 819, and the Development Lot is located in a C-3 District; or

         (C)   the Transfer Lot is in a P District adjacent to a C-3 District and meets the requirements established in subsection (a)(4) above and the Development Lot is located in a C-3 District; or

         (D)   the Transfer Lot is located in any C-3 District and contains an individual landmark designated pursuant to Article 10 and the Development Lot is located in any C-3 District.

      (2)   TDR may not be transferred for use on any lot on which is or has been located a Significant or Contributory building; provided that this restriction shall not apply if the designation of a building is changed to Unrated; nor shall it apply if the Historic Preservation Commission finds that the additional space resulting from the transfer of TDR is essential to make economically feasible the reinforcement of a Significant or Contributory building to meet the standards for seismic loads and forces of the Building Code, in which case TDR may be transferred for that purpose subject to the limitations of this Section and Article 11, including Section 1111.6. Any alteration shall be governed by the requirements of Sections 1111 to 1111.6.

      (3)   Notwithstanding any other provision of this Section, development on a Development Lot is limited by the provisions of this Code, other than those on floor area ratio, governing the approval of projects, including the requirements relating to height, bulk, setback, sunlight access, and separation between towers, and any limitations imposed pursuant to Section 309 review applicable to the Development Lot. The total allowable gross floor area of a development on a Development Lot may not exceed the limitation imposed by Section 123(c).

   (d)   Effect of Transfer of TDR. Transfer of TDR from a Transfer Lot permanently reduces the development potential of the Transfer Lot by the amount of the TDR transferred, except as provided in Section 124(f). In addition, transfer of TDR from a Preservation Lot containing a Contributory building or an individual landmark designated pursuant to Article 10 causes such building to become subject to the same restrictions on demolition and alteration, and the same penalties and enforcement remedies, that are applicable to Significant Buildings Category I, as provided in Article 11.

   (e)   Procedure for Determining TDR Eligibility. 

      (1)   In order to obtain a determination of whether a lot is a Transfer Lot and, if it is, of the amount of TDR available for transfer, the owner of record of the lot may file an application with the Zoning Administrator for a Statement of Eligibility. The application for a Statement of Eligibility shall contain or be accompanied by plans and drawings and other information which the Zoning Administrator determines is necessary in order to determine whether a Statement of Eligibility can be issued. Any person who applies for a Statement of Eligibility prior to expiration of the time for request of reconsideration of designation authorized in Section 1106 shall submit in writing a waiver of the right to seek such reconsideration.

      (2)   The Zoning Administrator shall, upon the filing of an application for a Statement of Eligibility and the submission of all required information, issue either a proposed Statement of Eligibility or a written determination that no TDR are available for transfer and shall mail that document to the applicant and to any other person who has filed with the Zoning Administrator a written request for a copy, and shall post the proposed Statement of Eligibility or written determination on the Planning Department website. Any appeal of the proposed Statement of Eligibility or determination of noneligibility shall be filed with the Board of Appeals within 20 days of the date of issuance of the document. If not appealed, the proposed Statement of Eligibility or the determination of noneligibility shall become final on the 21st day after the date of issuance. The Statement of Eligibility shall contain at least the following information:

         (A)   the name of the owner of record of the Transfer Lot;

         (B)   the address, legal description and Assessor's Block and Lot of the Transfer Lot;

         (C)   the C-3 use district within which the Transfer Lot is located;

         (D)   whether the Transfer Lot contains a Significant or Contributory building, a Category V building, or an Article 10 individually designated landmark;

         (E)   the amount of TDR available for transfer; and

         (F)   the date of issuance.

      (3)   Once the proposed Statement of Eligibility becomes final, whether through lack of appeal or after appeal, the Zoning Administrator shall record the Statement of Eligibility in the Office of the County Recorder. The County Recorder shall be instructed to mail the original of the recorded document to the owner of record of the Transfer Lot and a conformed copy to the Zoning Administrator.

   (f)   Cancellation of Eligibility. 

      (1)   If reasonable grounds should at any time exist for determining that a building on a Preservation Lot may have been altered or demolished in violation of Articles 10 or 11, including Sections 1110 and 1111 thereof, the Zoning Administrator may issue and record with the County Recorder a Notice of Suspension of Eligibility for the affected lot and, in cases of demolition of a Significant or Contributory building, a notice that the restriction on the floor area ratio of a replacement building may be applicable and shall mail a copy of such notice to the owner of record of the lot. The notice shall provide that the property owner shall have 20 days from the date of the notice in which to request a hearing before the Zoning Administrator in order to dispute this initial determination. If no hearing is requested, the initial determination of the Zoning Administrator is deemed final on the twenty-first day after the date of the notice, unless the Zoning Administrator has determined that the initial determination was in error.

      (2)   If a hearing is requested, the Zoning Administrator shall notify the property owner of the time and place of hearing, which shall be scheduled within 21 days of the request, shall conduct the hearing, and shall render a written determination within 15 days after the close of the hearing. If the Zoning Administrator shall determine that the initial determination was in error, that officer shall issue and record a Notice of Revocation of Suspension of Eligibility. Any appeal of the determination of the Zoning Administrator shall be filed with the Board of Appeals within 20 days of the date of the written determination following a hearing or, if no hearing has been requested, within 20 days after the initial determination becomes final.

      (3)   If after an appeal to the Board of Appeals it is determined that an unlawful alteration or demolition has occurred, or if no appeal is taken of the determination by the Zoning Administrator of such a violation, the Zoning Administrator shall record in the Office of the County Recorder a Notice of Cancellation of Eligibility for the lot, and shall mail to the property owner a conformed copy of the recorded Notice. In the case of demolition of a Significant or Contributory Building, the Zoning Administrator shall record a Notice of Special Restriction noting the restriction on the floor area ratio of the Preservation Lot, and shall mail to the owner of record a certified copy of the Notice. If after an appeal to the Board of Appeals it is determined that no unlawful alteration or demolition has occurred, the Zoning Administrator shall issue and record a Notice of Revocation of Suspension of Eligibility and, if applicable, a Notice of Revocation of the Notice of Special Restriction, and shall mail conformed copies of the recorded notices to the owner of record.

      (4)   No notice recorded under this Section 128(f) shall affect the validity of TDR that have been transferred from the affected Transfer Lot in compliance with the provisions of this Section prior to the date of recordation of such notice, whether or not such TDR have been used.

   (g)   Procedure for Transfer of TDR. 

      (1)   TDR from a single Transfer Lot may be transferred as a group to a single transferee or in separate increments to several transferees. TDR may be transferred either directly from the original owner of the TDR to the owner of a Development Lot or to persons, firms or entities who acquire the TDR from the original owner of the TDR and hold them for subsequent transfer to other persons, firms, entities or to the owners of a Development Lot or Lots.

      (2)   When TDR are transferred, they shall be identified in each Certificate of Transfer by a number. A single unit of TDR transferred from a Transfer Lot shall be identified by the number "1." Multiple units of TDR transferred as a group for the first time from a Transfer Lot shall be numbered consecutively from "1" through the number of units transferred. If a fraction of a unit of TDR is transferred, it shall retain its numerical identification. (For example, if 5,000-1/2 TDR are transferred in the initial transfer from the Transfer Lot, they would be numbered "1 through 5,000 and one-half of 5,001.") TDR subsequently transferred from the Transfer Lot shall be identified by numbers taken in sequence following the last number previously transferred. (For example if the first units of gross floor area transferred from a Transfer Lot are numbered 1 through 10,000, the next unit transferred would be number 10,001.) If multiple units transferred from a Transfer Lot are subsequently transferred separately in portions, the seller shall identify the TDR sold by numbers which correspond to the numbers by which they were identified at the time of their transfer from the Transfer Lot. (For example, TDR numbered 1 through 10,000 when transferred separately from the Transfer Lot in two equal portions would be identified in the two Certificates of Transfer as numbers 1 through 5,000 and 5,001 through 10,000.) Once assigned numbers, TDR retain such numbers for the purpose of identification through the process of transferring and using TDR. The phrase "numerical identification," as used in this section, shall mean the identification of TDR by numbers as described in this Subsection.

      (3)   Transfer of TDR from the Transfer Lot shall not be valid unless (A) a Statement of Eligibility has been recorded in the Office of the County Recorder prior to the date of recordation of the Certificate of Transfer evidencing such transfer and (B) a Notice of Suspension of Eligibility or Notice of Cancellation of Eligibility has not been recorded prior to such transfer or, if recorded, has thereafter been withdrawn by an appropriate recorded Notice of Revocation or a new Statement of Eligibility has been thereafter recorded.

      (4)   Transfer of TDR, whether by initial transfer from a Transfer Lot or by a subsequent transfer, shall not be valid unless a Certificate of Transfer evidencing such transfer has been prepared and recorded. The Zoning Administrator shall prepare a form of Certificate of Transfer and all transfers shall be evidenced by documents that are substantially the same as the Certificate of Transfer form prepared by the Zoning Administrator, which form shall contain at least the following:

         (A)   For transfers from the Transfer Lot only:

            (i)   Execution and acknowledgement by the original owner of TDR as the transferor(s) of the TDR; and

            (ii)   Execution and acknowledgment by the Zoning Administrator; and

            (iii)   A notice, prominently placed and in all capital letters, preceded by the underlined heading "Notice of Restriction," stating that the transfer of TDR from the Transfer Lot permanently reduces the development potential of the Transfer Lot by the amount of TDR transferred, with reference to the provisions of this Section.

         (B)   For all transfers:

            (i)   The address, legal description, Assessor's Block and Lot, and C-3 use district of the Transfer Lot from which the TDR originates; and

            (ii)   The amount and sale price of TDR transferred; and

            (iii)   Numerical identification of the TDR being transferred; and

            (iv)   The names and mailing addresses of the transferors and transferees of the TDR; and

            (v)   Execution and acknowledgment by the transferors and transferees of the TDR; and

            (vi)   A reference to the Statement of Eligibility, including its recorded instrument number and date of recordation, and a recital of all previous transfers of the TDR, including the names of the transferors and transferees involved in each transfer and the recorded instrument number and date of recordation of each Certificate of Transfer involving the TDR, including the transfer from the Transfer Lot which generated the TDR.

      (5)   When a Certificate of Transfer for the transfer of TDR from a Transfer Lot is presented to the Zoning Administrator for execution, that officer shall not execute the document if a transfer of the TDR would be prohibited by any provision of this Section or any other provision of this Code. The Zoning Administrator shall, within five business days from the date that the Certificate of Transfer is submitted for execution, either execute the Certificate of Transfer or issue a written determination of the grounds requiring a refusal to execute the Certificate.

      (6)   Each duly executed and acknowledged Certificate of Transfer containing the information required herein shall be presented for recordation in the Office of the County Recorder and shall be recorded by the County Recorder. The County Recorder shall be instructed to mail the original Certificate of Transfer to the person and address designated thereon and shall be given a copy of the Certificate of Transfer and instructed to conform the copy and mail it to the Zoning Administrator.

   (h)   Certificate of Transfer of TDR for a Project on a Development Lot. 

      (1)   When the use of TDR is necessary for the approval of a building permit for a project on a Development Lot, the Director of the Department of Building Inspection shall not approve issuance of the permit unless the Zoning Administrator has issued a written certification that the owner of the Development Lot owns the required number of TDR. When the transfer of TDR is necessary for the approval of a site permit for a project on a Development Lot, the Zoning Administrator shall impose as a condition of approval of the site permit the requirement that the Director of the Department of Building Inspection shall not issue the first addendum to the site permit unless the Zoning Administrator has issued a written certification that the owner of the Development Lot owns the required number of TDR.

      (2)   In order to obtain certification as required in Section 128(h)(1), the permit applicant shall present to the Zoning Administrator:

         (A)   Information necessary to enable the Zoning Administrator to prepare the Notice of Use of TDR, which information shall be at least the following:

            (i)   The address, legal description, Assessor's Block and Lot, and zoning classification of the Development Lot;

            (ii)   The name and address of the owner of record of the Development Lot;

            (iii)   Amount and numerical identification of the TDR being used;

            (iv)   A certified copy of each Certificate of Transfer evidencing transfer to the owner of the Development Lot of the TDR being used; and

         (B)   A report from a title insurance company showing the holder of record of the TDR to be used, all Certificate of Transfer of the TDR, and all other matters of record affecting such TDR. In addition to showing all such information, the report shall guarantee that the report is accurate and complete and the report shall provide that in the event that its guarantee or any information shown in the report is incorrect, the title company shall be liable to the City for the fair market value of the TDR at the time of the report. The liability amount shall be not less than $10,000 and no more than $1,000,000, the appropriate amount to be determined by the Zoning Administrator based on the number of TDR being used.

         (C)   An agreement whereby the owner of the Development Lot shall indemnify the City against any and all loss, cost, harm or damage, including attorneys' fees, arising out of or related in any way to the assertion of any adverse claim to the TDR, including any loss, cost, harm or damage occasioned by the passive negligence of the City and excepting only that caused by the City's sole and active negligence. The indemnity agreement shall be secured by a financial balance sheet certified by an auditor or a corporate officer showing that the owner has assets equal to or greater than the value of the TDR, or other security satisfactory to Planning Department and the City Attorney.

      (3)   If the Zoning Administrator determines that the project applicant has complied with the provisions of Subsection (h)(2) and all other applicable provisions of this Section, and that the applicant is the owner of the TDR, that officer shall transmit to the Director of the Department of Building Inspection, with a copy to the project applicant, written certification that the owner of the Development Lot owns the TDR. Prior to transmitting such certification, the Zoning Administrator shall prepare a document entitled Notice of Use of TDR stating that the TDR have been used and may not be further transferred, shall obtain the execution and acknowledgment on the Notice of the owner of record of the Development Lot, shall execute and acknowledge the Notice, shall record it in the Office of the County Recorder, and shall mail to the owner of record of the Development Lot a conformed copy of the recorded Notice. If the Zoning Administrator determines that the project applicant is not the owner of the TDR, or has not complied with all applicable provisions of this Section, that determination shall be set forth in writing along with the reasons therefore. The Zoning Administrator shall either transmit certification or provide a written determination that certification is inappropriate within 10 business days after the receipt of all information required pursuant to Subsection (h)(2).

   (i)   Cancellation of Notice of Use; Transfer from Development Lot. 

      (1)   The owner of a Development Lot for which a Notice of Use of TDR has been recorded may apply for a Cancellation of Notice of Use if (A) the building permit or site permit for which the Notice of Use was issued expires or was revoked or cancelled prior to completion of the work for which such permit was issued and the work may not be carried out; or (B) any administrative or court decision is issued or any ordinance or initiative or law is adopted which does not allow the applicant to make use of the permit; or (C) a portion or all of such TDR are not used.

      (2)   If the Zoning Administrator determines that the TDR have not been and will not be used on the Development Lot based on the reasons set forth in subsection (i)(1), the Zoning Administrator shall prepare the Cancellation of Notice of Use of TDR. If only a portion of the TDR which had been acquired are not being used, the applicant may identify which TDR will not be used and the Cancellation of Notice of Use of TDR shall apply only to those TDR. The Zoning Administrator shall obtain on the Cancellation of Notice of Use of TDR the signature and acknowledgment of the owner of record of the Development Lot as to which the Notice of Use of TDR was recorded, shall execute and acknowledge the document, and shall record it in the office of the County Recorder.

      (3)   Once a Cancellation of Notice of Use of TDR has been recorded, the owner of the Development Lot may apply for a Statement of Eligibility in order to transfer the TDR identified in that document. The procedures and requirements set forth in this Section governing the transfer of TDR shall apply to the transfer of TDR from the owner of a Development Lot after a Notice of Use has been filed, except for the provisions of this Section permanently restricting the development potential of a Transfer Lot upon the transfer of TDR; provided, however, that the district or districts to which the TDR may be transferred shall be the same district or districts to which TDR could have been transferred from the Transfer Lot that generated the TDR.

   (j)   Erroneous Notice of Use; Revocation of Permit. If the Zoning Administrator determines that a Notice of Use of TDR was issued or recorded in error, that officer may direct the Director of the Department of Building Inspection to suspend any permit issued for a project using such TDR, in which case the Director of the Department of Building Inspection shall comply with that directive. The Zoning Administrator shall thereafter conduct a noticed hearing in order to determine whether the Notice of Use of TDR was issued or recorded in error. If it is determined that the Notice of Use of TDR was issued or recorded in error, the Director of the Department of Building Inspection shall revoke the permit; provided, however, that no permit authorizing such project shall be revoked if the right to proceed thereunder has vested under California law. If it is determined that the Notice of Use of TDR was not issued or recorded in error, the permit shall be reinstated.

   (k)   Effect of Repeal or Amendment. TDR shall convey the rights granted herein only so long and to the extent as authorized by the provisions of this Code. Upon repeal of such legislative authorization, TDR shall there after convey no rights or privileges. Upon amendment of such legislative authorization, TDR shall thereafter convey only such rights and privileges as are permitted under the amendment. No Statement of Eligibility shall convey any right to use, transfer or otherwise utilize TDR if the maximum floor area ratio for the Transfer Lot is reduced after the Statement of Eligibility is issued.

   (l)   Preservation Rehabilitation, and Maintenance Requirements for Preservation Lots. 

      (1)   In addition to the material required to be submitted with an application for a Certificate of Transfer for initial transfer from the Transfer Lot set forth in subsection 128(g), the owner of the Transfer Lot shall:

         (A)   Demonstrate that any and all outstanding Notices of Violation have been abated; and

         (B)   Submit for approval by the Department a Preservation, Rehabilitation, and Maintenance Plan that describes any proposed preservation and rehabilitation work and that guarantees the maintenance and upkeep of the Transfer Lot. This Plan shall include:

            (i)   a plan for the ongoing maintenance of the Transfer Lot;

            (ii)   information regarding the nature and cost of any rehabilitation, restoration or preservation work to be conducted on the Transfer Lot, including information about any required seismic, life safety, or disability access work;

            (iii)   a construction schedule; and

            (iv)   any other such information as the Department may require to determine compliance of this subsection 128(l).

         All such work, shall comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties. The requirements of the approved Plan shall be recorded along with the final Certificate of Transfer in the Office of the County Recorder.

         Notwithstanding the foregoing, the owner of the Transfer Lot may apply to the Department for a hardship exemption from the requirements of subsection (i). Such hardship exemption shall demonstrate to the satisfaction of the Department that sale of TDR is necessary to fund the work required to cure the outstanding Notice(s) of Violation on the Transfer Lot.

      (2)   Approval of the Certificate of Transfer for initial transfer from the Transfer Lot shall be conditioned on execution of the requirements described in subsection (l)(1). Once any TDR is transferred from the Transfer Lot, the Certificate of Transfer and conditions may not be withdrawn.

      (3)   Within one year of the issuance of the Certificate of Transfer for initial transfer from the Transfer Lot, the owner of the Transfer Lot shall submit a status report to the Department detailing how the requirements of subsection (l)(1) have been completed and describing ongoing maintenance activities. Such report shall include: (A) information detailing the work completed; (B) copies of all permits obtained for the work, including any Certificates of Appropriateness or Permits to Alter; (C) any inspection reports or other documentation from the Department of Building Inspection showing completion of the work; (D) itemized receipts of payment for work performed; and (E) any such other documentation as the Department may require to determine compliance with the requirements of this subsection 128(l). The deadline for completion of the work and submittal of this report may be extended at the discretion of the Department upon application of the owner of the Transfer Lot and only upon a showing that the owner has diligently pursued all required permits and completion of the work.

      (4)   Failure to comply with the requirements of this subsection (l), including all reporting requirements, shall be grounds for enforcement under this Code, including but not limited to under Sections 176 and 176.1. Penalties for failure to comply may include, but shall not be limited to, a lien on the Transfer Lot equal to the sale price of the TDR sold.

      (1)   The maximum TDR available for transfer from a Transfer Lot consists of the difference between the allowable Gross Floor Area on the Transfer Lot and the actual Gross Floor Area of the development located on the Transfer Lot. For purposes of this Section, the allowable Gross Floor Area of the Transfer Lot is as follows:

         (A)   3.0 Floor Area Ratio for projects in height districts of 40 to 49 feet;

         (B)   4.0 Floor Area Ratio for projects in height districts of 50 to 59 feet;

         (C)   5.0 Floor Area Ratio for projects in height districts of 60 to 69 feet;

         (D)   6.0 Floor Area Ratio for projects in height districts of 70 to 85 feet; and

         (E)   7.5 Floor Area Ratio for projects in height districts over 85 feet.

      (2)   TDR may not be transferred for use on any lot on which there is a Significant or Contributory building designated pursuant to Article 11 or any building designated pursuant to Article 10; provided that this restriction shall not apply if the Historic Preservation Commission finds that the additional space resulting from the transfer of TDR is essential to make economically feasible the reinforcement of a Significant or Contributory building designated pursuant to Article 11 to meet the standards for seismic loads and forces of the Building Code, in which case TDR may be transferred for that purpose, provided that the project sponsor has satisfied all other requirements of this Section and Article 11, including but not limited to the requirements of Sections 1111 through 1111.6.

      (3)   Notwithstanding any other provision of this Section 128.1, development on a Development Lot is limited by the provisions of this Code, other than those on floor area ratio, governing the approval of projects, including but not limited to the requirements relating to height, bulk, setback, sunlight access, and separation between towers, and any limitations imposed pursuant to Section 329 review applicable to the Development Lot.

      (1)   TDR from a Transfer Lot within the Central SoMa SUD may be used by any Development Lot in the city as defined in Sections 128 and 128.1.

      (2)   TDR from a Transfer Lot located outside the Central SoMa SUD may only be used by a Development Lot within the Central SoMa SUD if that Development Lot is a Large Development Site pursuant to subsection (e).

      (3)   Transfer and use of TDR within the Central SoMa SUD is subject to the requirements of Section 128(e) through (l).

         (A)   Are located in Central SoMa Fee Tier C, as defined in Section 423.2;

         (B)   Contain new construction or addition of 50,000 non-residential gross square feet or greater; and

         (C)   Have a Floor Area Ratio of 3:1 or greater.

   (a)   Except as provided in Sections 172 and 188 of this Code, every building and addition shall have yards and setbacks as required by Sections 131 through 134 for the district in which the building is located.

   (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.

   (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.

   (b)   The obstructions permitted within such legislated setback lines shall be as described in Sections 132 and 136 of this Code. No other obstruction shall be constructed, placed or maintained within a legislated setback line.

   (c)   The procedures for establishment, abolition or modification of a legislated setback line shall be as specified in Sections 302 and 306 through 306.5 for amendments to this Code.

   (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.

   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.

         (A)   Have a street frontage of 50 feet or more;

         (B)   Are located on a Corner Lot; or

         (C)   Are adjacent to a building with a front setback consistent with the requirements of this subsection.

   (f)   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.

      (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.

      (3)   If a portion of the front setback is designed as a publicly-accessible sidewalk extension to satisfy the Better Streets Standard width standards under subsection (e), then the provisions of this subsection (h) do not apply.

      (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.

   (j)   Relationship to Legislated Setback Lines. In case of any conflict between the requirements of this Section 132 for front setback areas and a legislated setback line as described in Section 131 of this Code, the more restrictive requirements shall prevail.

   (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:

 

   (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:

   (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.

      (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.

   (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.

 

   (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.

            (i)   To the extent necessary to accommodate any setback required by this Code;

            (ii)   For portions of residential buildings with walk-up dwelling units that have setbacks in accordance with the Ground Floor Residential Guidelines;

            (iii)   For publicly-accessible open space built pursuant to the requirements of Section 138; or

            (iv)   For building facade architectural articulation and modulation up to a maximum depth of 8 feet.

         (A)   For Mid-Rise Buildings in the CS Bulk District, as defined in Section 270(h), the following requirements apply:

            (i)   Along all street- and alley-facing property lines, a 15-foot setback is required for the Mid-Rise Portion for at least 60 percent of the frontage length. This setback may be reduced for obstructions permitted by Section 136;

            (ii)   Along all interior property lines, a 15-foot setback is required for the Mid-Rise Portion for the entire frontage. This setback may be reduced for obstructions permitted according to Section 136.

         (B)   For Towers in the CS Bulk District, along all property lines, a 15-foot setback is required for the Tower Portion for the entire frontage. This setback may be reduced for obstructions permitted according to Section 136.

         (C)   Along 4th Street between Bryant Street and Townsend Street, building facades on new development shall be set back from the street-facing property line by a minimum depth of five feet to a minimum height of 25 feet above sidewalk grade. This setback shall be designed as an extension of the sidewalk, free of columns or other obstructions, except as allowed according to Section 136, and shall generally be available to the public at all times for pedestrian circulation.

         (A)   The Tower Portion of a project shall have a horizontal separation of at least 115 feet from the Tower Portion of any other Tower.

         (B)   Through the procedures of Section 329, the Planning Commission may reduce the separation required under subsection (A) if it finds that a Tower project meets all of the following criteria:

            (i)   The Tower Portion of the project has, at a minimum, a horizontal separation of at least 85 feet from the Tower Portion of any other Tower;

            (ii)   The maximum floor area of any floor of the Tower Portion of the project is no more than 10,000 gross square feet;

            (iii)   The maximum height of the uppermost building element or mass, occupied or unoccupied, of the Tower has a difference of at least 50 feet in Height from the maximum height of the uppermost element of any other Tower within 115 feet of horizontal distance; and

            (iv)   The Tower Portion of the project is designed so as to maximize apparent distance and architectural differentiation from any other nearby Tower.

         (C)   The Tower Portion of a project shall have a horizontal separation of at least 30 feet from any Mid-Rise Portion on the same development lot, except that a bridge between the Tower Portion and the Mid-Rise Portion may be permissible up to a height of 130 feet if the bridge is no more than one story in height, is set back a minimum of 15 feet from any property line, and is visually subordinate to the buildings it connects.

         (D)   Any development containing both a Tower Portion and Mid-Rise Portion shall be designed to emphasize a visual distinction between the Tower and Mid-Rise Portions as separate structures.

   The following requirements for side yards shall apply to every building in an RH-1(D) District. Any lot width of less than 33 feet as described herein shall refer only to substandard lots of record as defined in Section 180 of this Code.

   (a)   Minimum side yards shall be provided as follows:

      (1)   For lots with a width of less than 28 feet: none;

      (2)   For lots with a width of 28 feet or more but less than 31 feet: one side yard equal to the amount by which the lot width exceeds 25 feet, or the same total amount in the form of two side yards, one of which shall be at least three feet;

      (3)   For lots with a width of 31 feet or more but less than 40 feet: two side yards each of three feet;

      (4)   For lots with a width of 40 feet or more but less than 50 feet: two side yards each of four feet;

      (5)   For lots with a width of 50 feet or more: two side yards each of five feet.

   (b)   Where, however, the building does not exceed 25 feet in height, any side yard required by Subsection (a) to be more than three feet in width may be reduced to three feet if the width of the other side yard is increased by the same amount as the first one is reduced.

   (c)   Buildings may be built to the common line of two adjoining lots if a side yard having a width of not less than the combined width of the two side yards required above for each lot is provided on each such lot on the opposite side.

   (d)   Only those obstructions specified in Section 136 of this Code shall be permitted in a required side yard, and no other obstruction shall be constructed, placed or maintained within any such yard. No motor vehicle, trailer, boat or other vehicle shall be parked or stored within any such yard, except as specified in Section 136.

      (1)   assure the protection and continuation of established mid-block landscaped open spaces;

      (2)   maintain a scale of development appropriate to each district, complementary to the location of adjacent buildings;

      (3)   provide natural light and natural ventilation to residences, work spaces, and adjacent rear yards; and

      (4)   provide residents with usable open space and views into green rear-yard spaces.

      (1)   In RH, RM-1, RM-2, RTO-1, and RTO-M Zoning Districts, the basic rear yard shall be equal to 30% of the total depth of the lot on which the building is situated, but in no case less than 15 feet.

      (2)   In all other Zoning Districts not listed in subsection (c)(1), the rear yard shall be equal to 25% of the total depth of the lot on which the building is situated, but in no case less than 15 feet.

      (3)   RC-3, RC-4, NC-3, NCT-3, Bayview, Broadway, Fillmore Street, Geary Boulevard, Hayes-Gough, Japantown, SoMa NCT, Mission Bernal, Mission Street, Polk Street, Lower Polk Street, Pacific Avenue, M, SPD, MUR, MUG, MUO, and UMU Districts. Rear yards shall be provided at the lowest story containing a Dwelling Unit, and at each succeeding level or story of the building. In the Hayes-Gough NCT, lots fronting the east side of Octavia Boulevard between Linden and Market Streets (Central Freeway Parcels L, M, N, R, S, T, U, and V) are not required to provide rear yards at any level of the building, provided that the project fully meets the usable open space requirement for Dwelling Units pursuant to Section 135, meets the exposure requirements of Section 140, and gives adequate architectural consideration to the light and air needs of adjacent buildings given the constraints of the project site.

      (1)   Each horizontal dimension of the open area shall be a minimum of 15 feet.

      (2)   The open area shall be wholly or partially contiguous to the existing midblock open space formed by the rear yards of adjacent properties.

      (3)   The open area will provide for the access to light and air to and views from adjacent properties.

      (4)   The proposed new or expanding structure will provide for access to light and air from any existing or new residential uses on the subject property.

      The provisions of this subsection (h) shall not restrict the discretion of the Zoning Administrator from imposing such additional conditions as the Zoning Administrator deems necessary to further the purposes of this Section 134.

      (1)   A comparable, but not necessarily equal amount of square footage as would be created in a code conforming rear yard is provided elsewhere within the development;

      (2)   The proposed new or expanding structure will not significantly impede the access to light and air from adjacent properties or adversely affect the interior block open space formed by the rear yards of adjacent properties; and

      (3)   The modification request is not combined with any other residential open space modification or exposure variance for the project, except exposure modifications in designated landmark buildings under Section 307(h)(1).

      (1)   The substituted open space in the proposed new or expanding structure will improve the access of light and air to and views from existing abutting properties; and

      (2)   The proposed new or expanding structure will not adversely affect the interior block open space formed by the rear yards of existing abutting properties.

      This provision shall be administered pursuant to the notice and hearing procedures which are applicable to variances as set forth in Sections 306.1 through 306.5 and 308.2.

      (1)   Residential Uses are included in the new or expanding development and a comparable amount of usable open space is provided elsewhere on the lot or within the development where it is more accessible to the residents of the development; and

      (2)   The proposed new or expanding structure will not adversely affect the interior block open space formed by the rear yards of adjacent properties.

   In the Chinatown Community Business District, Chinatown Visitor Retail District and the Chinatown Residential Neighborhood Commercial District at the lowest level occupied for dwelling, the site coverage shall be no more than 75%. The noncovered area requirement may be provided in a location other than the rear yard including balconies and rooftop terraces if the new structure does not significantly impede the access of light and air to adjacent properties, as determined by the Zoning Administrator.

   Factors to be considered in such determination shall include, but shall not be limited to: preservation of light and air to existing windows and openings in the vicinity; usability of the noncovered space for residential open space purposes; and sun access to the noncovered space and ad-jacent sidewalks.

   Except as provided in Sections 134.1, 172, and 188 of this Code, usable open space shall be provided for each dwelling and each group housing structure in R, NC, C, Mixed Use, and M Districts according to the standards set forth in this Section 135 unless otherwise specified in specific district controls elsewhere in this Code.

   (b)   Access. Usable open space shall be as close as is practical to the dwelling unit (or bedroom in group housing) for which it is required, and shall be accessible from such dwelling unit or bedroom as follows:

      (1)   Private usable open space shall be directly and immediately accessible from such dwelling unit or bedroom; and shall be either on the same floor level as such dwelling unit or bedroom, with no more than one story above or below such floor level with convenient private access.

      (2)   Common usable open space shall be easily and independently accessible from such dwelling unit or bedroom, or from another common area of the building or lot.

      (1)   The open space shall meet all state licensing requirements;

      (2)   Not more than 50% of a single common open space may be used by the Child Care Facility; and

      (3)   The hours of use of the common open space by the Child Care Facility are limited to Monday through Friday, 9 am to 6 pm.

   (d)   Amount Required. Usable open space shall be provided for each building in the amounts specified herein and in Tables 135A and B for the district in which the building is located; provided, however, that (i) in the Downtown Residential (DTR) Districts, open space shall be provided in the amounts specified in Section 825, and (ii) in accordance with Section 210.5, usable open space shall not be required for Commercial to Residential Adaptive Reuse projects.

      In Neighborhood Commercial Districts, the amount of usable open space to be provided shall be the amount required in the nearest Residential District, but the minimum amount of open space required shall be in no case greater than the amount set forth in Table 135A for the district in which the building is located. The distance to each Residential District shall be measured from the midpoint of the front lot line or from a point directly across the street there from, whichever requires less open space.

      (1)   For dwellings other than those specified in Paragraphs (d)(2) through (d)(5) below, the minimum amount of usable open space to be provided for use by each dwelling unit shall be as specified in the second column of Table 135A if such usable open space is all private. Where common usable open space is used to satisfy all or part of the requirement for a dwelling unit, such common usable open space shall be provided in an amount equal to 1.33 square feet for each one square foot of private usable open space specified in the second column of Table 135A. In such cases, the balance of the required usable open space may be provided as private usable open space, with full credit for each square foot of private usable open space so provided.

      (2)   For group housing structures, SRO units, and dwelling units that measure less than 350 square feet plus a bathroom, the minimum amount of usable open space provided for use by each bedroom or SRO unit shall be one-third the amount required for a dwelling unit as specified in Paragraphs (d)(1) above and (d)(4) and (d)(5), below. For purposes of these calculations, the number of bedrooms on a lot shall in no case be considered to be less than one bedroom for each two beds. Where the actual number of beds exceeds an average of two beds for each bedroom, each two beds shall be considered equivalent to one bedroom.

      (3)   In all districts, for dwellings specifically designed for and occupied by senior citizens, as defined and regulated by Section 102.6.1 of this Code, the minimum amount of usable open space to be provided for use by each dwelling unit shall be one-half the amount required for each dwelling unit as specified in Paragraph (d)(1) above or 36 square feet, whichever is less. Notwithstanding 135(a), for these dwellings, “common usable open space” shall also include indoor community space, defined as indoor space that is not less than 10 feet wide in all directions at all points, is accessible to all residents of the building or site equally at no additional cost, is specifically configured and designed for leisure and/or recreational use, and shall not include any building circulation spaces, lobbies, or other building or resident support facilities not specifically intended for leisure and/or recreational use.

      (4)   DTR Districts. For all residential uses, 75 square feet of open space is required per dwelling unit. All residential open space must meet the provisions described in this Section unless otherwise established in this subsection or in Section 825 or a Section governing an individual DTR District. Open space requirements may be met with the following types of open space: "private usable open space" as defined in Section 135(a) of this Code, "common usable open space" as defined in Section 135(a) of this Code, and "publicly accessible open space" as defined in subsection (h) below. At least 40 percent of the residential open space is required to be common to all residential units. Common usable open space is not required to be publicly-accessible. Publicly-accessible open space, including off-site open space permitted by subsection (i) below and by Section 827(a)(9), meeting the standards of subsection (h) may be considered as common usable open space. For residential units with direct access from the street, building setback areas that meet the standards of Section 145.1 and the Ground Floor Residential Design Guidelines may be counted toward the open space requirement as private non-common open space.

      (6)   Homeless Shelters. Homeless Shelters, as defined in Section 102 of this Code, are exempt from the open space requirements described in this Section 135.

 

 

   (f)   Private Usable Open Space: Additional Standards. 

         (A)   For decks, balconies, porches and roofs, at least 30 percent of the perimeter must be unobstructed except for necessary railings.

         (B)   In addition, the area credited on a deck, balcony, porch or roof must either face a street, face or be within a rear yard, or face or be within some other space which at the level of the private usable open space meets the minimum dimension and area requirements for common usable open space as specified in Paragraph 135(g)(1) below.

         (C)   Areas within inner and outer courts, as defined by this Code, must either conform to the standards of subsection (f)(2)(B) or subsection (g)(2).

      (3)   Fire Escapes as Usable Open Space. Normal fire escape grating shall not be considered suitable surfacing for usable open space. The steps of a fire escape stairway or ladder, and any space less than six feet deep between such steps and a wall of the building, shall not be credited as usable open space. But the mere potential use of a balcony area for an emergency fire exit by occupants of other dwelling units (or bedrooms in group housing) shall not prevent it from being credited as usable open space on grounds of lack of privacy or usability.

      (4)   Use of Solariums. In C-3 Districts, the area of a totally or partially enclosed solarium shall be credited as private usable open space if (i) such area is open to the outdoors through openings or clear glazing on not less than 50 percent of its perimeter and (ii) not less than 30 percent of its overhead area and 25 percent of its perimeter are open or can be opened to the air.

   (g)   Common Usable Open Space: Additional Standards. 

      (1)   Minimum Dimensions and Minimum Area. Any space credited as common usable open space shall be at least 15 feet in every horizontal dimension and shall have a minimum area of 300 square feet.

      (3)   Use of Solariums. The area of a totally or partially enclosed solarium may be credited as common usable open space if the space is not less than 15 feet in every horizontal dimension and 300 square feet in area; and if such area is exposed to the sun through openings or clear glazing on not less than 30 percent of its perimeter and 30 percent of its overhead area.

   (h)   Publicly-Accessible Usable Open Space Standards. In DTR Districts and the Eastern Neighborhoods Mixed Use Districts, some or all of the usable open space requirements may be fulfilled by providing privately-owned public open space. Any space credited as publicly-accessible usable open space, where permitted or required by this Code, shall meet the following standards:

      (1)   Types of Open Space. Open space shall be of one or more of the following types:

         (A)   An unenclosed park or garden at street grade or following the natural topography, including improvements to hillsides or other unimproved public areas;

         (B)   An unenclosed plaza at street grade, with seating areas and landscaping and no more than 10 percent of the total floor area devoted to facilities for food or beverage service, exclusive of seating areas as regulated in Section 138(d);

         (C)   An unenclosed pedestrian pathway which complies with the standards of Section 270.2 and which is consistent with applicable design guidelines.

         (D)   Streetscape improvements with landscaping and pedestrian amenities that result in additional pedestrian space beyond the pre-existing sidewalk width and conform to the Better Streets Plan and any other applicable neighborhood streetscape plans pursuant to Section 138.1 or other related policies such as those associated with sidewalk widenings or building setbacks, other than those intended by design for the use of individual ground floor residential units; and

      (3)   Maintenance. Maintenance requirements for open space in these areas are subject to Section 138(h) of this Code.

      (4)   Informational Plaque. Signage requirements for open space in these areas are subject to Section 138(i) of this Code.

      (5)   Open Space Provider. Requirements regarding how to provide and maintain open space are subject to Section 138(f) of this Code.

      (6)   Approval of Open Space Type and Features. Approval of open space in these areas is subject to requirements of Section 138 ( )1 of this Code.

   (i)   Off-Site Provision of Required Usable Open Space. 

      (1)   Eastern Neighborhoods Mixed Use Districts. In the Eastern Neighborhoods Mixed Use Districts, the provision of off-site publicly accessible open space may be credited toward the residential usable open space requirement, subject to Section 329 for projects to which that Section applies and Section 307(h) for other projects. Any such space shall meet the publicly accessible open space standards set forth in Section 135(h) and shall be within the following distance of the principal project: for principal projects that are not within the Central SoMa SUD such space shall be within 800 feet of said principal project; for principal projects that are within the Central SoMa SUD, the space shall be within the Central SoMa Plan Area or no greater than ¼-mile outside the Central SoMa Plan Area boundary, without regard to distance from the principal project. The distance between the principal project and the offsite open space shall be measured by the direct distance between the closest boundary of the principal project or, as applicable the closest edge of the Central SoMa Plan Area boundary, and the closest boundary of the off-site open space. No more than 50 percent of a project’s required usable open space shall be off-site. The publicly accessible off-site usable open space shall be constructed, completed, and ready for use no later than the project itself, and shall receive its Certificate of Final Completion from the Department of Building Inspection prior to the issuance of any Certificate of Final Completion or Temporary Certificate of Occupancy for the project itself.

      (2)   DTR Districts. In DTR Districts the provision of off-site publicly accessible open space may be counted toward the requirements of residential open space per the procedures of Section 309.1 provided it is within the individual DTR district of the project or within 500 feet of any boundary of the individual DTR district of the project, and meets the standards of subsection (h).

         (A)   On Site. At least 36 square feet per residential unit of required open space must be provided on-site. Pursuant to the procedures of Section 309.1, the Planning Commission may reduce the minimum on-site provision of required residential open space to not less than 18 square feet per unit in order to both create additional publicly-accessible open space serving the district and to foster superior architectural design on constrained sites.

         (B)   Open Space Provider. The open space required by this Section may be provided individually by the project sponsor or jointly by the project sponsor and other project sponsors, provided that each square foot of jointly developed open space may count toward only one sponsor's requirement. With the approval of the Planning Commission, a public or private agency may develop and maintain the open space, provided that (i) the project sponsor or sponsors pay for the cost of development of the number of square feet the project sponsor is required to provide, (ii) provision satisfactory to the Commission is made for the continued maintenance of the open space for the actual lifetime of the building giving rise to the open space requirement, and (iii) the Commission finds that there is reasonable assurance that the open space to be developed by such agency will be developed and open for use by the time the building, the open space requirement of which is being met by the payment, is ready for occupancy.

      (3)   Ocean Avenue NCT. In the Ocean Avenue NCT District, the provision of off-site publicly accessible open space may be credited toward the residential usable open space requirement subject to the procedures of Section 303. Any such open space shall meet the publicly accessible open space standards set forth in Section 135(h) and be provided within 800 feet of the project. No more than 50 percent of a project's usable open space requirement may be satisfied off-site. The publicly accessible off-site usable open space shall be constructed, completed, and ready for use no later than the project itself, and shall receive its certificate of final completion from the Department of Building Inspection prior to the issuance of any certificate of final completion or temporary certificate of occupancy for the project itself.

      (4)   Historic Buildings. For a landmark building designated per Article 10 of this Code, a contributing building located within a designated historic district per Article 10, or any building designated Category I-IV per Article 11 of this Code, the provision of off-site publicly accessible open space may be credited toward the residential usable open space requirement subject to the procedures of Section 307(h) of this Code.

   (a)   Requirements for Commercial and Institutional Development. For commercial and institutional development exceeding 10,000 gross square feet in the Chinatown Mixed Use Zones whether new construction or net addition through alteration, including the Chinatown Community Business District, the Chinatown Visitor Retail District and the Chinatown Residential Neighborhood Commercial District established by the use provisions of Articles 2 and 8 of this Code, there shall be requirements for usable open space of one square foot for every 50 square feet of gross floor area of commercial or institutional space. This requirement shall not apply to commercial or institutional development of 10,000 square feet or less. Open space provided pursuant to this Section shall be made open to the public during hours determined by the Zoning Administrator.

   (b)   Alternative Means of Satisfying the Commercial Open Space Requirement. 

      (1)   If an open space satisfying the requirements of Subsection (a) cannot be created because the square footage of open space is not of sufficient size to provide a usable open space, the Zoning Administrator may authorize, as an eligible type of open space, improvements to an alleyway within a square block of the project site. The improvements shall include paving, landscaping, street furniture or other features appropriate for creating an attractive area for sitting and walking. The Zoning Administrator shall determine that the improvements would be an equivalent benefit to the community as the amount of open space that would have been created under Subsection (a).

      (2)   If an open space satisfying the requirements and standards of this Section cannot be provided because of constraints of the development site or because the square footage of open space to be provided is not of sufficient size and if the off-site options authorized by Paragraph (1) above are found to be infeasible at the time of the project application, the Zoning Administrator may, upon application by the proposed developer pursuant to Section 307(g), waive the requirement that an open space be provided. It shall be a condition of any such waiver that the proposed developer pay the amount of $1.50 per gross square foot of floor area devoted to commercial or institutional use. Payment shall be paid in full to the City prior to the issuance of any temporary or other certificate of occupancy for the subject property. Funds received on account of any such payment shall be deposited in the Chinatown Open Space Fund established pursuant to Section 10.203 of the San Francisco Administrative Code.

   (c)   Cost and Restrictions. All costs of the open space, including without limitation those associated with design, development, liability insurance, regular maintenance, and safe operation of this open space, shall be borne by the property owner. Liability insurance satisfactory to the Department, naming the City and County of San Francisco and its officers and employees as additional insureds, shall be provided for all such spaces. The property owner shall record with the County Recorder a special restriction on the property satisfactory in substance to the Department and sufficient to give notice to subsequent owners, tenants and other persons having other economic interests in the property of the open space requirement and the means by which the requirement has been, and must continue to be, satisfied. Additionally, the property owner shall post a plaque identifying the open space feature and stating the right of the public to use it.

   (d)   Approval and Construction. The design and location of proposed open space and its ability to fulfill public open space needs shall be reviewed as part of the site or building permit application for the project in question and must be approved or disapproved by the Department in its action on that permit. The open space shall be constructed pursuant to the relevant permit, and no temporary or other certificate of occupancy shall be issued for any structure constructed under the permit until the open space is complete.

   Usable open space for live/work units within buildings newly constructed after the effective date of Ordinance No. 412-88 (effective October 10, 1988) or for newly created live/work units within an expansion of or addition to an existing building shall be provided according to the standards set forth in this Section.

   (a)   Character of Space Provided. The character of open space for live/work units shall satisfy the terms of Section 135(a), except that usable private or common open space for live/work units may also be provided as one of the following unenclosed resting or open space areas: A rooftop and/or podium level yard, garden or sun deck. Usable open space for live/work units shall be clearly accessible to and for the use of live/work tenants.

   (b)   Permitted Obstructions. In the calculation of either private or common usable open space for live/work units, the obstructions for usable open space listed in Section 136 of this Code shall be permitted and in addition, on rooftop or podium level yards, gardens or decks, wind screens of no more than six feet in height shall be permitted. Such wind screens shall conform to Table 5A of the San Francisco Building Code and shall be set back no less than five feet from the building edge.

   (c)   Amount Required. Thirty-six (36) square feet of open space shall be required for each live/work unit.

 

      (1)   Open space shall be provided for uses not listed in this subsection and Table (other than live/work units, dwelling units and group housing whose open space requirements are specified in Sections 135 and 135.2 of this Code), in the amount required for the listed use determined by the Zoning Administrator to be most similar to the unlisted use in question. Private or public parking structures and change of use or additions to an existing structure which are limited to uses operating solely during nighttime hours and for which public access to open space cannot feasibly be provided during daytime hours pursuant to Subsection (c)(4), shall be exempt from this open space requirement.

         (A)   The amount of open space required pursuant to Table 135.3 may be reduced by 33% if it is publicly accessible usable open space.

         (B)   Publicly accessible usable open space is required to meet all requirements specified in Section 135(h) of this Code.

         (C)   Up to 50% of the publicly accessible open space may be provided off-site, subject to Section 329 for projects to which that Section applies and Section 307(h) for other projects. Any such space shall meet the publicly accessible open space standards set forth in Section 135(h) and be provided within 800 feet of the project. The publicly accessible off-site usable open space shall be constructed, completed, and ready for use no later than the project itself, and shall receive its Certificate of Final Completion from the Department of Building Inspection prior to the issuance of any Certificate of Final Completion or Temporary Certificate of Occupancy for the project itself. This subsection (C) shall not apply to projects in the Central SoMa Special Use District, and instead such projects shall comply with Section 138.

         (A)   Such open space shall meet all requirements specified in Section 135(h) of this Code.

         (B)   Up to 50 percent of required open space may be provided off-site per the procedures of Section 309.1 if it is within the individual DTR district of the project or within 500 feet of any boundary of the individual DTR district of the project.

   (b)1   Permitted Obstructions. In addition to those specified in Section 136, permitted obstructions for open space required under this Section shall include small-scale pedestrian-oriented convenience establishments and resources such as movable beverage and/or food stands, outdoor cafes, toilets, newsstands, or flower stands provided that all such activities along with other permitted obstructions combined do not exceed 20 percent of the total usable open space requirement.

   (c)   Costs and Restrictions. All costs of the open space, including without limitation those associated with design, development, liability insurance, regular maintenance, and safe operation of this open space, shall be borne by the property owner. Liability insurance satisfactory to the City Attorney, naming the City and County of San Francisco and its officers and employees as additional insureds, shall be provided for all such spaces. The property owner shall record with the County Recorder a special restriction on the property satisfactory in substance to the Department and sufficient to give notice to subsequent owners, tenants and other persons having other economic interests in the property of the open space requirement and the means by which the requirement has been, and must continue to be, satisfied.

   (d)   A sign satisfying the requirements of Section 603(k) shall be prominently posted at the entrance to the open space area declaring that the area is open to the public.

   (e)   Approval and Construction. The open space shall be reviewed and approved as part of the site or building permit application for the project giving use to the open space requirement. No temporary or other certificate of occupancy shall be issued for any structure constructed under the permit until the open space is complete.

 

   In addition to the limitations of Section 136, especially Paragraph 136(c)(12), the following provisions shall apply to all Districts.

   In Residential and Residential Enclave Districts, awnings are permitted only for Limited Commercial Uses, as described in Section 186 of this Code, for Limited Commercial Uses permitted in landmark buildings by Section 186.3, and for Limited Corner Commercial Uses as described in Section 231 of this Code. Canopies and marquees are not permitted.

   The addition or alteration of awnings, canopies, or marquees on a landmark site or in a historic district shall require a certificate of appropriateness in accordance with Section 1006, et seq. of this Code. Signage on awnings, canopies, and marquees may be further regulated by Article 6 of this Code.

   (b)   Canopies. Canopies, as defined in Section 102, shall be regulated as set forth below.

   NOTE: These illustrations are diagrams showing maximum dimensions and are not design examples.

   (c)   Marquees. Marquees, as defined in Section 102, shall be regulated as set forth below.

      (1)   Limited Commercial Uses and NC-1, NCT-1, and CRNC Districts. No marquee shall be permitted in any Limited Commercial Use or in any NC-1, NCT-1, or CRNC District.

      (2)   All Other Districts. The vertical distance from the top to the bottom of any marquee shall not exceed three feet, and the horizontal projection shall not extend beyond a point not closer than two feet from the curb.

         (A)   A marquee projecting more than two-thirds of the distance from the property line to the curb line shall not exceed 10 feet or 50 percent of the length of the building along the direction of the street, whichever is less. All portions of such marquee shall be not less than 12 feet nor more than 16 feet in height above the finished grade, nor higher than the windowsill level exclusive of the ground story and mezzanine. Each building frontage shall be considered separately.

   NOTE: These illustrations are diagrams showing maximum dimensions and are not design examples.

         (B)   A marquee projecting less than two-thirds of the distance from the property line to the curb line shall not exceed 25 feet or 50 percent of the length of the building along the direction of the street, whichever is less. All portions of such marquee shall be not less than 10 feet nor more than 16 feet above the finished grade, nor higher than the windowsill level or windows on the building façade on which the marquee is placed, exclusive of the ground story and mezzanine. Each building frontage shall be considered separately.

   NOTE: These illustrations are diagrams showing maximum dimensions and are not design examples.

         (C)   A marquee projecting less than four feet from the property line and not exceeding two feet in thickness may extend over the total length of the building along the direction of the street. All portions of such marquee shall not be less than 10 feet nor more than 16 feet above the finished grade, nor higher than the windowsill level or windows on the building façade on which the marquee is placed, exclusive of ground story and mezzanine. Each building frontage shall be considered separately.

   NOTE: These illustrations are diagrams showing maximum dimensions and are not design examples.

   (a)   Subject to the exceptions set forth in subsections (b) and (c), the Planning Department shall impose no restrictions related to the replacement materials of any window frame or sash that replaces an existing window frame or sash.

   (d)   In the event of a conflict between this Section 136.2 and any other provisions of the Planning Code, including controls related to window treatments and transparency, the more restrictive standards shall apply.

   (e)   In the event of a conflict between this Section 136.2 and any applicable Cultural District Objective Design Standards, the more restrictive standards shall apply.

   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.

      (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.

 

         (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;