128.1

SEC. 128.1. TRANSFER OF DEVELOPMENT RIGHTS IN THE CENTRAL SOMA SPECIAL USE DISTRICT. (a) Purpose. The purpose of this Section is to use Transferable Development Rights to facilitate the economic viability of buildings that are of civic importance, that are not built to their full development potential, and that are within the Central SoMa Special Use District, established in Section 249.78. (b) Definitions. “Development Lot.” A lot within the Central SoMa Special Use District to which Transferable Development Rights may be transferred. The following areas are exempted from the calculation of the Development Lot area: land dedicated to the City for affordable housing pursuant to Section 249.78 or land dedicated to the City for publicly-owned parks or publicly- owned recreation centers pursuant to Section 263.32 or 263.34. “Preservation Lot.” A parcel of land within the Central SoMa Special Use District on which exists (1) a Significant or Contributory Building, as designated pursuant to Article 11 of this Code; or (2) a structure designated as an individual landmark or as contributory to a historic district designated pursuant to Article 10 of this Code. The boundaries of the Preservation Lot shall be the boundaries of the Assessor’s Lot on which the building is located at the time the ordinance making the designation is adopted, unless boundaries are otherwise specified in that ordinance. “Transfer Lot.” Within the Central SoMa Special Use District, a Transfer Lot is a Preservation Lot or a lot that contains a building in which all of the housing units are Affordable Housing Units as defined in Section 401 from which Transferable Development Rights may be transferred. “Transferable Development Rights (TDR).” Units of allowable Gross Floor Area that may be transferred, pursuant to the provisions of this Section and Article 11 of this Code, from a Transfer Lot to increase the allowable Gross Floor Area of a development on a Development Lot. “Unit of TDR.” One unit of TDR is one square foot of Gross Floor Area. (c) Applicability. TDR may be transferred from a Transfer Lot to a Development Lot, subject to the requirements set forth in this Section 128.1. (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. (d) Controls. The transfer and use of TDR within the Central SoMa SUD are subject to the following controls: (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). (e) TDR Controls for Large Development Sites. (1) Applicability. This subsection (e) applies to Large Development Sites, which are projects that: (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. (2) Controls. To exceed a Floor Area Ratio of 3:1, a Large Development Site shall acquire one Unit of TDR from a Transfer Lot, as defined in Sections 128 and 128.1, per square foot of development up to a Floor Area Ratio of 4.25:1. Above 4.25:1, the acquisition of additional TDR is not required. (Added by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; amended by Ord. 47-21, File No. 201175, App. 4/16/2021, Eff. 5/17/2021) AMENDMENT HISTORY Divisions (b) and (c) amended; divisions (d)- (d)(2) and (e) amended in full as (d)-(d)(3) and (e)- (e)(2); Ord. 47-21, Eff. 5/17/2021. SEC. 130. YARD AND SETBACK REQUIREMENTS, GENERAL. (See Interpretations related to this Section.) (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. (Amended by Ord. 443-78, App. 10/6/78; Ord. 248-03, File No. 030999, App. 10/22/2003) SEC. 131. LEGISLATED SETBACK LINES. (See Interpretations related to this Section.) (a) The legislated setback lines along specific street and alley frontages established by ordinance and resolution pursuant to former Article 4 of the City Planning Code and earlier provisions of law are hereby continued in effect as regulations of the City Planning Code, regardless of the regulations for the use districts in which such street and alley frontages are located, and said ordinances and resolutions are expressly incorporated herein by reference as though fully set forth. (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. (Added by Ord. 443-78, App. 10/6/78) SEC. 132. FRONT SETBACK AREAS IN RTO, RH, AND RM DISTRICTS AND FOR REQUIRED SETBACKS FOR PROJECTS IN NC AND RTO-C DISTRICTS, AND PLANNED UNIT DEVELOPMENTS. (See Interpretations related to this Section.) The following requirements for minimum front setback areas shall apply to every building in all RH, RTO, and RM Districts, in order to relate the setbacks provided to the existing front setbacks of adjacent buildings. (a) Basic Requirement. Where one or both buildings adjacent to the subject property have front setbacks along a Street or Alley, any building or addition constructed, reconstructed, or relocated on the subject property shall be set back to no less than the depth of the adjacent building with the shortest front setback, except as provided in subsection (c). In any case in which the lot constituting the subject property is separated from the lot containing the nearest building by an undeveloped lot or lots for a distance of 50 feet or less parallel to the Street or Alley, such nearest building shall be deemed to be an “adjacent building,” but a building on a lot so separated for a greater distance shall not be deemed to be an “adjacent building.” However, aside from the scenarios described in subsection (c) below, a lot that only has one adjacent building shall provide a front setback equal to one half the front setback of such adjacent building. (b) Method of Measurement. The extent of the front setback of each adjacent building shall be taken as the horizontal distance from the property line along the Street or Alley to the building wall closest to such property line, excluding all projections from such wall, all decks and garage structures and extensions, and all other obstructions. (c) Applicability to Special Lot Situations. (1) Corner Lots and Lots at Alley Intersections. On a Corner Lot as defined in Section 102 of this Code, or a lot at the intersection of a Street and an Alley or two Alleys, a front