136.3

SEC. 136.3. [REPEALED.]

(Added by Ord. 345-87, App. 8/21/87; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015) SEC. 137. MODIFICATION OF CERTAIN PLAZAS, ARCADES, AND SIDEWALKS. In C-3 Districts, modifications and improvements of plazas, arcades, and/or sidewalks designed to make the spaces more attractive and useful may be approved, in accordance with the provisions of Section 309, by application of the standards contained in and the guidelines adopted pursuant to Section 138 and Section 138.1 of this Code and the objectives and policies of the Downtown Plan, a component of the General Plan, or any amendment thereto, notwithstanding the fact that such modifications and improvements would not have been permitted under former Sections 126(b)(5) and (b)(7) of this Code. (Added by Ord. 414-85, App. 9/17/85; amended by Ord. 314-95, App. 10/6/95; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015) AMENDMENT HISTORY Section amended; Ord. 188-15 , Eff. 12/4/2015. SEC. 138. PRIVATELY-OWNED PUBLIC OPEN SPACE (POPOS) REQUIREMENTS. (See Interpretations related to this Section.) (a) Applicability. The following projects shall provide open space in the amount and in accordance with the standards set forth in this Section: (1) In C-3 Districts, any project proposing new construction of a Non-Residential building or an addition of Gross Floor Area equal to 20% or more of an existing Non-Residential building. Institutional and Residential Uses in C-3 Districts are exempt from the requirements of this Section 138. (2) In the Central SoMa Special Use District, any project proposing new construction or an addition of 50,000 gross square feet or more of Non-Residential use. Retail, Institutional, and PDR uses in the Central SoMa Special Use District are exempt from the requirements of this Section 138. (b) Amount Required. Open space shall be provided in the amounts specified in Table 138.

Table 138 Minimum Amount of Open Space Required Use District Ratio of Square Feet of Open Space to Gross Floor Area with Open Space Requirement C-3-O 1:50 C-3-R 1:100 C-3-G 1:50 C-3-S 1:50 C-3-O (SD) 1:50 Central SoMa Special Use District 1:50

(c) Location. The open space required by this Section may be on the same site as the project for which the permit is sought, or within 900 feet of it on either private property or, with the approval of all relevant public agencies, public property, provided that all open space required by this Section for a project within the C-3 District shall be located entirely within the C-3 District. Projects within the Central SoMa Special Use District may provide the open space required by this Section 138 within one-half mile of the project if the required open space is on publicly-owned land underneath or adjacent to the I-80 freeway. Open space is within 900 feet of the building for which the permit is sought within the meaning of this Section 138 if any portion of the project is located within 900 feet of any portion of the open space. Off-site open space shall be developed and open for use prior to issuance of a first certificate of occupancy, as defined in Section 401 of this Code, of the project whose open space requirement is being met off-site. Failure to comply with the requirements of this subsection (c) shall be grounds for enforcement under this Code, including but not limited to the provisions of Sections 176 and 176.1. (d) Types and Standards of Open Space. (1) C-3 Districts. In C-3 Districts, except as otherwise provided in subsection (f), the project may satisfy the requirements of this Section by providing one or more of the following types of open space: A plaza, an urban park, an urban garden, a view terrace, a sun terrace, a greenhouse, a small sitting area (a “snippet”), an atrium, an indoor park, or a public sitting area in a galleria, in an arcade, in a public street or alley, or in a pedestrian mall or walkway, as more particularly defined in the table entitled “Guidelines for Open Space” in the Open Space Section of the Downtown Plan, or any amendments thereto, provided that the open space meets the following minimum standards. The open space shall: (A) Be of adequate size; (B) Be situated in such locations and provide such ingress and egress as will make the area easily accessible to the general public; (C) Be well-designed, and where appropriate, be landscaped; (D) Be protected from uncomfortable wind; (E) Incorporate various features, including ample seating and, if appropriate, access to food service, which will enhance public use of the area; (F) Have adequate access to sunlight if sunlight access is appropriate to the type of area; (G) Be well-lighted if the area is of the type requiring artificial illumination; (H) Be open to the public at times when it is reasonable to expect substantial public use; (I) Be designed to enhance user safety and security; (J) If the open space is on private property, provide toilet facilities open to the public; and (K) Have at least 75 percent of the total open space approved be open to the public during all daylight hours. (2) Central SoMa Special Use District. In the Central SoMa Special Use District, a project shall satisfy the requirements listed below, as well as the approval process described in subsection (e): (A) Projects shall meet the minimum standards of subsection (1). (B) Projects may provide open spaces outdoors or indoors, subject to Commission review pursuant to subsection (e) below or may pay the in-lieu fee as set forth in Section 426, except that development on sites of 40,000 square feet or more and located south of Bryant Street shall provide the required open space outdoors and may not pay an in-lieu fee. (C) All open space provided shall be at street grade up to an amount that equals 15 percent of the lot area. Any additional required open space may be provided above street grade. (D) All open space shall be publicly accessible, at a minimum, from 7AM to 6PM every day. (E) All outdoor open space provided at street grade, except space provided underneath the I-80 freeway, shall meet the following requirements: