135.3

SEC. 135.3. USABLE OPEN SPACE FOR NON-RESIDENTIAL USES IN THE EASTERN NEIGHBORHOODS MIXED USE AND DTR DISTRICTS. (See Interpretations related to this Section.) (a) Amount of Open Space Required. All newly constructed structures, all structures to which Gross Floor Area equal to 20% or more of existing Gross Floor Area is added, and all structures in the Eastern Neighborhoods Mixed Use Districts within which floor area is converted to Office Use other than office use accessory to a non-office use shall provide and maintain usable open space for that part of the new, additional or converted square footage which is not subject to Sections 135.1 and 135.2 as follows: TABLE 135.3 MINIMUM USABLE OPEN SPACE REQUIREMENTS FOR NON-RESIDENTIAL USES IN THE EASTERN NEIGHBORHOODS MIXED USE AND DTR DISTRICTS

Use Square Feet of Usable Open Space Required Retail Sales and Services Uses, Institutional Uses, Entertainment, Arts, and Recreation Uses, Non- Retail Sales and Services Uses except for Office Uses, Laboratory, Life Science, and Wholesale Storage, and like uses 1 sq. ft. per 250 sq. ft. of Occupied Floor Area of new or added square footage Industrial Uses, Wholesale Storage, and like uses in the Eastern Neighborhoods Mixed Use Districts None required Office Uses, Laboratory, and Life Science in the Eastern Neighborhoods Mixed Use Districts 1 sq. ft. per 50 sq. ft. of Occupied Floor Area of new, converted or added square footage All non-residential uses in DTR Districts 1 sq. ft. per 50 sq. ft. of Occupied Floor Area of net new, converted or added square footage over 10,000 gross square feet

(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. (2) Eastern Neighborhoods Mixed Use Districts. In the Eastern Neighborhoods Mixed Use Districts, the open space requirements of this Section 135.3 may be fulfilled by providing privately-owned public open space. Such open space is subject to the following: (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. (3) Central SoMa SUD. This Section 135.3 shall not apply to projects subject to the privately-owned public open space requirement pursuant to Section 138 (a)(2). (4) DTR Districts. In DTR Districts, the open space requirements of this Section may be fulfilled by providing privately-owned public open space and shall be subject to the following: (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. (Added by Ord. 115-90, App. 4/6/90; Ord. 298-08, File No. 081153, App. 12/19/2008; renumbered by Ord. 108-10, File No. 091275, App. 5/25/2010 ; Ord. 228-12 , File No. 120220, App. 11/14/2012, Eff. 12/14/2012; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023) AMENDMENT HISTORY Section header and divisions (a)(2), (a)(2)(B), (a)(2)(C), (a)(3), and (a)(3)(A) amended; former divisions (a)(3)(C), (b), (d), and (e) deleted; former divisions (c), (f), (g), and (h) redesignated as divisions (b)1 through (e); Ord. 228-12 , Eff. 12/14/2012. Section header, divisions (a), (a)(2), (a)(2)(A) and (C), and Table 135.3 amended; division (a)(3) added; former division (a)(3) redesignated as division (a)(4); Ord. 296-18 , Eff. 1/12/2019. Section header, division (a), and Table 135.3 amended; Ord. 70-23 , Eff. 6/3/2023. CODIFICATION NOTE 1. The designation of divisions (b) through (e) was corrected by the codifier. Editor's Note:

Former divisions (e) and (f) of this section were redesignated as new Sections 425 and 426 by Ord. 108-10. SEC. 136. OBSTRUCTIONS OVER STREETS AND ALLEYS AND IN REQUIRED SETBACKS, YARDS, AND USABLE OPEN SPACE. (See Interpretations related to this Section.)

Streets and Alleys Set- backs Yards Usable Open Space Streets and Alleys Set- backs Yards Usable Open Space (a) The following obstructions shall be permitted, in the manner specified, as indicated by the symbol "X" in the columns at the left, within the required open areas listed herein: (1) Projections from a building or structure extending over a Street or Alley as defined in Section 102 of this Code. Every portion of such projections over a Street or Alley shall provide a minimum of 7½ feet of vertical clearance from the sidewalk or other surface above which it is situated, or such greater vertical clearance as may be required by the San Francisco Building Code, unless the contrary is stated below. The permit under which any such projection over a Street or Alley is erected over public property shall not be construed to create any perpetual right but is a revocable license; (2) Obstructions within legislated setback lines and front setback areas, as required by Sections 131 and 132 of this Code; (3) Obstructions within side yards and rear yards, as required by Sections 133 and 134 of this Code; (4) Obstructions within usable open space, as required by Section 135 of this Code. (b) No obstruction shall be constructed, placed, or maintained in any such required open area except as specified in this Section 136. (c) The permitted obstructions shall be as follows: x x x x (1) Projections of an architectural nature that leave at least 7½ feet of clearance and do not increase the floor area or the volume of space enclosed by the building, such as cornices, eaves, sills, belt courses, sunshades, fins, and brise soleils and not projecting more than1 and not projecting more than four feet over streets and alleys or more than four feet into setbacks, yards, and usable open space. x x x x (2) Bay (projecting) windows, balconies (other than balconies used for primary access to two or more dwelling units or two or more bedrooms in group housing), and similar features that increase either the floor area of the building or the volume of space enclosed by the building above grade, when limited as specified herein. With respect to obstructions within yards and usable open space, the bay windows and balconies specified in Paragraph (c)(3) below shall be permitted as an alternative to those specified in this Paragraph (c)(2). (A) The minimum headroom shall be 7½ feet. (B) Projection into the required open area shall be limited to three feet, provided that projection over streets and alleys shall be further limited to two feet where the sidewalk width is nine feet or less, and the projection shall in no case be closer than eight feet to the centerline of any alley. (C) The glass areas of each bay window, and the open portions of each balcony, shall be not less than 50 percent of the sum of the areas of the vertical surfaces of such bay window or balcony above the required open area. At least 1/3 of such required glass area of such bay window, and open portions of such balcony, shall be on one or more vertical surfaces situated at an angle of not less than 30 degrees to the line establishing the required open area. In addition, at least 1/3 of such required glass area or open portions shall be on the vertical surface parallel to, or most nearly parallel to, the line establishing each open area over which the bay window or balcony projects. (D) The maximum length of each bay window or balcony shall be 15 feet at the line establishing the required open area, and shall be reduced in proportion to the distance from such line by means of 45 degree angles drawn inward from the ends of such 15-foot dimension, reaching a maximum of nine feet along a line parallel to and at a distance of three feet from the line establishing the required open area.