AMENDED IN BOARD
FILE NO. 190048
7/30/2019
ORDINANCE NO.
206-19
[Planning Code- Building Standards]
Ordinance amending the Planning Code to 1) require building setbacks for buildings
fronting on narrow streets, 2) modify front yard requirements in Residential Districts, 3)
increase required rear yards in single-family zoning districts by five percent, 4) amend
the rear yard requirements for through lots and corner lots in certain districts to permit
second buildings where specified conditions are met, aA-4 and 5) allow building height
increases to existing stories in existing nonconforming buildings in order to
accommodate residential uses, and 6) provide that specified alterations to
Dvlelling Unit are not subject to Section 311 review requirements if the specified
requirements are met; affirming the Planning Department's determination under the
California Environmental Quality Act; and making findings of consistency with the
General Plan, and the priority policies of Planning Code, Section 101.1; and adopting
findings of public necessity, convenience, and general welfare under Planning Code,
Section 302.
NOTE:
Unchanged Code text and uncodified text are in plain Arial font.
Additions to Codes are in single-underline italics Times New Roman font.
Deletions to Codes are in strikethrough italics Times 1'-le1F Roman font.
Board amendment additions are in double-underlined Arial font.
Board amendment deletions are in strikethrough Arial font.
Asterisks (* * * *) indicate the omission of unchanged Code
subsections or parts of tables.
Be it ordained by the People of the City and County of San Francisco:
Section 1. Findings.
Supervisor Mandelman
BOARD OF SUPERVISORS
Page 1
(a)
The Planning Department has determined that the actions contemplated in this
ordinance comply with the California Environmental Quality Act (California Public Resources
Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of
Supervisors in File No. 190048 and is incorporated herein by reference. The Board affirms
this determination.
(b)
On April 11, 2019, the Planning Commission, in Resolution No. 20422, adopted
findings that the actions contemplated in this ordinance are consistent, on balance, with the
City's General Plan and eight priority policies of Planning Code Section 1 01.1. The Board
adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the
Board of Supervisors in File No. 190048, and is incorporated herein by reference.
(c)
Pursuant to Planning Code Section 302, the Board of Supervisors finds that
these Planning Code amendments will serve the public necessary, convenience, and general
welfare for the reasons set forth in Planning Commission Resolution No. 20422.
Section 2. The Planning Code is hereby amended by revising Sections 102, 132, 134,
172, 209.1, 261.1, aREi 270, and 311 to read as follows:
SEC. 102. DEFINITIONS.
* * * *
Diagonal Dimension. See Plan Dimensions.
* * * *
Ground Floor. First Stmy, as defined under Story, below.
* * * *
Length (of a Building or Structure). See Plan Dimensions.
* * * *
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BOARD OF SUPERVISORS
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SEC. 132. FRONT SETBACK AREAS IN RTO, RH, AND RM DISTRICTS AND FOR
REQUIRED SETBACKS FOR PLANNED UNIT DEVELOPMENTS.
* * * *
(a)
Basic Requirement. Where one or both of the buildings adjacent to the subject
property have front setbacks along a s~reet or ad_lley, any building or addition constructed,
reconstructed,_ or relocated on the subject property shall be set back to the average of the two
adjacent front setbacks. If only one of the adjacent buildings has a front setback, or if there is
only one adjacent building, then the required setback for the subject property shall be equal to
one-half the front setback of such adjacent building. 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 s~reet or ad_lley, 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."
* * * *
(b)
Alternative Method of Averaging. If, under the rules stated in &~ubsection (a)
above, an averaging is required between two adjacent front setbacks, or between one
adjacent setback and another adjacent building with no setback, the required setback on the
subject property may alternatively be averaged in an irregular manner within the depth
between the setbacks of the two adjacent buildings, provided that the area of the resulting
setback shall be at least equal to the product of the width of the subject property along the
s~reet or ad_lley times the setback depth required by &~ubsections (a) and (c) of this Section
132; and provided further, that all portions of the resulting setback area on the subject property
shall be directly exposed laterally to the setback area of the adjacent building having the
greater setback. In any case in which this alternative method of averaging has been used for
the subject property, the extent of the front setback on the subject property for purposes of
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BOARD OF SUPERVISORS
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$~ubsection (c) below relating to subsequent development on an adjacent site shall be
considered to be as required by $~ubsection (a) above, in the form of a single line parallel to
the &~reet or ttf!lley.
* * * *
(c)
Method of Measurement. The extent of the front setback of each adjacent
building shall be taken as the horizontal distance from the property line along the &oltreet or
ttd_lley to the building wall closest to such property line, excluding all projections from such
wall, all decks and garage structures and extensions, and all other obstructions.
(d)
Applicability to Special Lot Situations.
(1)
Corner Lots and Lots at Alley Intersections. On a eCorner lL_ot as
defined in Section 102 of by this Code, or a ~ot at the intersection of a &~reet and an tt411ey or
two ttf!lleys, a front setback area shall be required only along the &~reet or ttf!lley elected by
the owner as the front of the property. Along such &~reet or etA. I ley, the required setback for
the subject lot shall be equal to ~ one-halfthe front setback of the adjacent building.
(2)
Lots Abutting Properties That Front on Another Street or Alley. In
the case of any lot that abuts along its side lot line upon a lot that fronts on another &~reet or
ttA.IIey, the lot on which it so abuts shall be disregarded, and the required setback for the
subject lot shall be equal to the front setback of the adjacent building on its opposite side.
* * * *
(3)
Lots Abutting RC, C, Mt and P Districts. In the case of any lot that
abuts property in an RC, C, ML or P District, any property in such district shall be disregarded,
and the required setback for the subject lot shall be equal to the front setback of the adjacent
building in the RH, RTO, or RM District.
(e)
Maximum Requirements. The maximum required front setback in any of the
cases described in this Section 132 shall be 15 feet from the property line along the &~reet or
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eA.IIey, or 15% percent of the average depth of the lot from such e,$treet or eA_IIey, whichever
results in the lesser requirement. Where a lot [aces on a Street or Alley less than or equal to 40 feet
in width, the maximum required setback shall be ten ffif.e feet from the property line or 15% ofthe
average depth o[the lot from such Street or Alley, whichever results in the lesser requirement. The
required setback for lots located within the Bernal Heights Special Use District is set forth in
Section 242 of this Code.
* * * *
SEC.134. REAR YARDS, R, NC, C, SPD, M, MUG, WMUG, MUO, MUR, UMU, RED, AND
RED-MX DISTRICTS.
(a)
Purpose. The rear yard requirements ofthis Section 134 are intended to:
{J)
assure the protection and continuation of established mid-block landscaped open
spaces;
(2)
maintain a scale o[development appropriate to each district, complementary to
the location o[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.
(b)
Applicabilitv. The rear yard requirements established by this Section 134 shall
apply to every building in the districts listed below. To the extent that these provisions are
inconsistent with any Special Use District or Residential Character District, the provisions of
the Special Use District or Residential Character District shall apply. These requirements are
intended to assur-e the protection and continuation &}established midblock, landscaped open spaces,
and maintenance of a scale ofdevelopment appropriate to each district, consistent with the location of
adjacent buildings.
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BOARD OF SUPERVISORS
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(g_tt)
Basic Requirements. The basic rear yard requirements shall be as follows for
the districts indicated:
(1)
RH-1 (D), RH-1, and RH-1(S), R:Af 3, £~1 4, RC 3, RC 4, 1VCDistricts other
than the:lltwificAvenue1\TCDistrict, C, M, A1UG, W.MUG, MClO, CMUO, 1~UR, [JM[y~ RED, 1WD
ADf, and SPD Districts. For buildings that submit a development application on or after
January 15. 2019. t+he minimum rear yard depth shall be equal to 30% o[the total depth o[the lot
on which the building is situated, but in no case less than 15 feet. Exceptions are permitted on Corner
Lots and through lots abutting properties with buildings fronting both streets, as described in
subsection (f) below. For buildings that submitted a development application prior to January
15. 2019. the minimum rear yard depth shall be determined based on the applicable law on
the date of submission.
(2)
RM-3, RM-4, RC-3, RC-4, NC Districts other than the Pacific Avenue NC
District, C, M, MUG, WMUG, MUO, CMUO, MUR, UMU, RED, RED-MX, and SPD Districts.
Except as specified in this subsection {f)_, the minimum rear yard depth 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.
(A)
For buildings containing only SRO Units in the Eastern
Neighborhoods Mixed Use Districts, the minimum rear yard depth shall be equal to 25% of the
total depth of the lot on which the building is situated, but the required rear yard of SRO
buildings not exceeding a height of 65 feet shall be reduced in specific situations as described
in subsection c~c) below.
* * * *
(D)
Upper Market Street NCT. Rear yards shall be provided at the
grade level, and at each succeeding story of the building. For buildings in the Upper Market
Street NCT that do not contain Residential Uses and that do not abut adjacent lots with an
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existing pattern of rear yards or mid-block open space, the Zoning Administrator may waive or
reduce this rear yard requirement pursuant to the procedures of subsection (f1e).
(J,J)
RH-2, RH-3, RTO, RTO-M, RM-1 and RM-2 Districts, and the Pacific
Avenue NC District. The minimum rear yard depth shall be equal to 45% percent of the total
depth of the lot on which the building is situated, except to the extent that a reduction in this
requirement is permitted by S~ubsection (.~e) below. Rear yards shall be provided at grade
level and at each succeeding level or story of the building. In RH-2, RH-3, RTO, RTO-M, RM-1,
and RM-2 Districts, exceptions are permitted on Corner Lots and through lots abutting a property with
buildings {ranting on both streets, as described in subsection (f) below.
* * * *
(d.&)
Permitted Obstructions. Only those obstructions specified in Section 136 of
this Code shall be permitted in a required rear yard, and no other obstruction shall be
constructed, placedL or maintained within any such yard. No motor vehicle, trailer, boatL or
other vehicle shall be parked or stored within any such yard, except as specified in Section
136.
(~e)
Reduction of Requirements in RH-2, RH-3, RTO, RTO-M, RM-1L and RM-2
Districts. The rear yard requirement stated in subsection :(ttj(;].)l!J.fll above and as stated in
subsection {tt)-(1-) (c){2){A) above for SRO buildings located in the Eastern Neighborhoods
Mixed Use Districts not exceeding a height of 65 feet, shall be reduced in specific situations
as described in this subsection (~e), based upon conditions on adjacent lots. Except for those
SRO buildings referenced above in this subsection (e) paragraph whose rear yard can be
reduced in the circumstances described in subsection (~e) to a 15-foot minimum, under no
circumstances,shall the minimum rear yard be thus reduced to less than a depth equal to
25% percent of the total depth of the lot on which the building is situated, or to less than 15
feet, whichever is greater.
Supervisor Mandelman
BOARD OF SUPERVISORS
Pagel
* * * *
(2)
Alternative Method of Averaging. If, under the rule stated in Paragraph
subsection (~e)(1) above, a reduction in the required rear yard is permitted, the reduction may
alternatively be averaged in an irregular manner; provided that the area of the resulting
reduction shall be no more than the product of the width of the subject lot along the line
established by Paragraph subsection (~e)(1) above times the reduction in depth of rear yard
permitted by subsection (~e)(1 ); and provided further that all portions of the open area on the
part of the lot to which the rear yard reduction applies shall be directly exposed laterally to the
open area behind the adjacent building having the lesser depth of its rear building wall.
(3)
Method of Measurement. For purposes of this &~ubsection (~e), an
"adjacent building" shall mean a building on a lot adjoining the subject lot along a side lot line.
In all cases the location of the rear building wall of an adjacent building shall be taken as the
line of greatest depth of any portion of the adjacent building which occupies at least one-half -?4
the width between the side lot lines of the lot on which such adjacent building is located, and
which has a height of at least 20 feet above grade, or two &~ories, whichever is less,
excluding all permitted obstructions listed for rear yards in Section 136 of this Code. Where a
lot adjoining the subject lot is vacant, or contains no dDwelling or gGroup hHousing structure,
or is located in an RH-1 (D), RH-1, RH-1 (S), RM-3, RM-4, RC, RED, RED-MX, MUG, WMUG,
MUR, UMU, SPD, RSD, SLR, SLI, SSO, NC, C, M,_ or P District, such adjoining lot shall, for
purposes of the calculations in this &~ubsection (.~e), be considered to have an adjacent
building upon it whose rear building wall is at a depth equal to 75% percent of the total depth of
the subject lot.
(4)
Applicability to Special Lot Situations. In the following special lot
situations, the general rule stated in Paragraph subsection (.~e)(1) above shall be applied as
provided in this Paragraph subsection (.~e)(4 ), and the required rear yard shall be reduced if
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conditions on the adjacent lot or lots so indicate and if all other requirements of this Section
134 are met.
* * * *
(A)
Corner Lots and Lots at Alley Intersections. On a cCorner lL_ot
as defined by in Section 102 of this Code, or a lot at the intersection of a stltreet and an e-A,IIey
or two e-d_lleys, the forward edge of the required rear yard shall be reduced to a line on the
subject lot which is at the depth of the rear building wall of the one adjacent building.
(B)
Lots Abutting Properties with Buildings that Front on Another
Street or Alley. In the case of any lot that abuts along one of its side lot lines upon a lot with a
building that fronts on another stltreet or e-d_lley, the lot on which it so abuts shall be
disregarded, and the forward edge of the required rear yard shall be reduced to a line on the
subject lot which is at the depth of the rear building wall of the one adjacent building fronting
on the same s~treet or e-d_lley. In the case of any lot that abuts along both its side lot lines
upon lots with buildings that front on another stltreet or e-d_lley, both lots on which it so abuts
shall be disregarded, and the minimum rear yard depth for the subject lot shall be equal to
25% percent of the total depth of the subject lot, or 15 feet, whichever is greater.
(bl
/
Threuglt Lots Abutting ... Properties that Contain Two Buildings. Where a
lot is a through lot having both its front and its rear lot line along streets, alley\S, or a street and an
alley, and both adjoining lots are also througlz lots, each containing trvo dVv·ellings or group housing
structures thatfi·ont at opposite ends &jthe lot, the subject thro·ugh lot may also hm•e ttvo buildings
according to such establishedpattern, eachfronting at one end &jthe lot, provided all the other
requirements of this Code are met. In such cases the rear yard required by this Section 13 4 for the
subject lot shall be located in the central portion &}the lot, bettveen the ttvo buildings on such lot, and
the depth ofthe rear wall ofeach buildingfrom the street or alley on rvhich itfronts shall be
established by the average &jthe depths o.fthe rear building 1valls ofthe adjacent buildings fronting on
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that street or alley. In no case, horvever, shall the total minimum rear yard for the subject lot be thus
reduced to less than a depth equal to 25 percent of the total depth of the subject lot, or to less than 15
feet, ',vhichever is greater. Furthermore, in all cases in which this Subparagraph (e)(4)(C) is applied,
the requirements Q{Section 132 of this Code forjhmt setback areas shall be applicable along both
street or alleyfrontages ofthe subject through lot.
(f)
Second Building on Corner Lots and Through Lots Abutting Properties with
Buildings Fronting on Both Streets in RH, RTO, RTO-M, RM-1, and RM-2 Districts. Where a lot is
a Corner Lot, or is a through lot having both its front and its rear lot line along Streets, Alleys, or a
Street and an Alley, and where an adjoining lot contains a residential or other lawtitl structure that
1 0
fronts at the opposite end o(the lot, the subject through lot may also have two buildings according to
such established pattern, each fronting at one end o(the lot, provided that all the other requirements of
this Code are met. In such cases, the rear yard required by this Section 134 [or the subject lot shall be
located in the central portion o(the lot, between the two buildings on such lot, and the depth ofthe rear
wall of each building from the Street or Alley on which it fronts shall be established by the average of
the depths o(the rear building walls o(the adjacent buildings fronting on that Street or Alley, or where
there is only one adjacent building, by the depth o(that building. In no case, hovvever, shall the total
minimum rear yard [or the subject lot be thus reduced to less than a depth equal to 2G-% 30% ofthe
total depth o(the subject lot or to less than 15 feet, whichever is greater; provided. however. that the
Zoning Administrator may reduce the total depth to 20% pursuant to Section 307(1) of this
Code if the reduction is for the sole purpose of constructing an Accessory Dwelling Unit under
Section 207(c)(4) or 207(c)(6), and provided further that the reduction/waiver is in
consideration of the property owner entering into a Regulatorv Agreement pursuant to Section
207(c)(4 )(H) subjecting the ADU to the San Francisco Rent Stabilization and Arbitration
Ordinance. For buildings fronting on a Narrow Street as defined in Section 261.1 ofthis Code, the
additional height limits ofSection 261.1 shall apply. Furthermore, in all cases in which this subsection
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(j) is applied, the requirements o[Section 132 o[this Code for front setback areas shall be applicable
along both Street or Alley frontages o[the subject through lot.
(gti)
Reduction of Requirements in C-3 Districts. In C-3 Districts, an exception to
the rear yard requirements of this Section 134 may be allowed, in accordance with the
provisions of Section 309, provided that the building location and configuration assure
adequate light and air to windows within the residential units and to the usable open space
provided.
(h_e)
Modification of Requirements in NC and South of~~hrlwtAfixed Use Districts.
The rear yard requirements in NC and South oj},1arket A1ixed Use Districts may be modified or
waived in specific situations as described in this S~ubsection (h_e).
(1)
General. The rear yard requirement in NC Districts may be modified or
waived by the Zoning Administrator pursuant to the procedures which are applicable to
variances, as set forth in Sections 306.1 through 306.5 and 308.2, in the case ofilCDistricts,
and in accordance <vit"t &ction 307(g), in the case ofSouth ofA1arket A1ixed Use Districts if all of the
following criteria are metjor both lvC and South of},1arket }Jixed Use Districts:
(A)
Residential uUses 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
(B)
The proposed new or expanding structure will not significantly
impede the access of light and air to and views from adjacent properties; and
(C)
The proposed new or expanding structure will not adversely affect
the interior block open space formed by the rear yards of adjacent properties.
(2)
Corner Lots and Lots at Alley Intersections. On a eCorner fL_ot as
defined in Section 102 of l7y this Code, or on a lot at the intersection of a sStreet and an af.LIIey
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of at least 25 feet in width, the required rear yard may be substituted with an open area equal
to 25% percent of the lot area which is located at the same levels as the required rear yard in
an interior corner of the lot, an open area between two or more buildings on the lot, or an
inner court, as defined by this Code, provided that the Zoning Administrator determines that
all of the criteria described below in this Paragraph subsection (h)(2) are met.
(A)
Each horizontal dimension of the open area shall be a minimum of
15 feet.
(B)
The open area shall be wholly or partially contiguous to the
existing mid block open space formed by the rear yards of adjacent properties.
(C)
The open area will provide for the access to light and air to and
views from adjacent properties.
(D)
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 Paragraph 2 of 8§:Ubsection (eh_)f1) shall not preclude such
additional conditions as are deemed necessary by the Zoning Administrator to further the
purposes of this Section 134.
(fi)
Modification of Requirements in the Eastern Neighborhoods Mixed Use
Districts. The rear yard requirement in Eastern Neighborhoods Mixed Use Districts may be
modified or waived by the Planning Commission pursuant to Section 329. The rear yard
requirement in Eastern Neighborhoods Mixed Use Districts may be modified by the Zoning
Administrator pursuant to the procedures set forth in Section 307(h) for other projects,
provided that:
* * * *
(jg)
Reduction of Requirements in the North of Market Residential Special Use
District. The rear yard requirement may be substituted with an equivalent amount of open
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space situated anywhere on the site, provided that the Zoning Administrator determines that
all of the following criteria are met:
* * * *
SEC. 172. COMPLIANCE OF STRUCTURES, OPEN SPACESL AND OFF-STREET
PARKING AND LOADING REQUIRED.
(a)
No structure shall be constructed, reconstructed, enlarged, alteredL or relocated
so as to have or result in a greater height, bulkL or JEioor ed_rea ¥Batio, less ¥:Required eOpen
eSpace as defined in Section 102 of &y this Code, or less off-street parldng space or loading
space, than permissible under the limitations set forth herein for the district or districts in
which such structure is located,· provided, however, that, except in the North Beach-Telegraph
Hill Residential Special Use District. for the purpose of creating habitable space or an Accessorv
Dwelling Unit pursuant to Section 207(c)(4) or 207(c)(6) of this Code where the exception is in
consideration of the property owner entering into a Regulatory Agreement pursuant to Section
207(c)(4)(H) subjecting the ADU to the San Francisco Rent Stabilization and Arbitration
Ordinance, and as long as the number o[above-ground building stories is not increased:
{J)
the ceiling height o[an existing building story in a lawfitlly-existing
nonconforming structure may be increased to create an interior floor-to-ceiling height o[up to nine
feet,· and/or
(2)
a flat roo[may be replaced with a pitched roof
The alterations permitted by subsections (a)(1) and (a)(2) above shall be subject to
applicable design guidelines. including the Residential Design Guidelines. for the zoning
district in which the building is located. If a building is a historic resource or located in a
historic district. the alterations shall also comply with applicable Secretary of Interior
Standards and other Code provisions pertaining to historic properties. Building heights shall
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be measured according to the procedures of Section 260. Such alterations are not subject to
the notification requirements of Section 311.
(b)
No existing structure which fails to meet the requirements of this Code in any
manner as described in &§:Ubsection (a) above, or which occupies a lot that is smaller in
dimension or area than required by this Code, shall be constructed, reconstructed, enlarged,
alteredL or relocated so as to increase the discrepancy, or to create a new discrepancy, at any
level of the structure, between existing conditions on the lot and the required standards for
new construction set forth in this Code.
(c)
No required open space, off-street parking spaceL or loading space existing or
1 0
hereafter provided about, inL or on any structure shall be reduced below the minimum
requirements therefor set forth in this Code, or further reduced if already less than said
minimum requirements. No required open space, off-street parking spaceL or loading space
existing or hereafter provided for a structure or use and necessary to meet or meet partially
the requirements of this Code for such structure or use shall be considered as all or part of the
required open space, off-street parking spaceL or loading space required for any other
structure or use, except as provided in Section 160 for the collective provision or joint use of
parking.
(d)
Existing Live/Work Units, or those newly created or expanded within the existing
exterior walls of a structure, so long as they conform to all Building Code requirements, shall
not be considered an enlargement, construction, reconstruction, alterationL or relocation for
purposes of this Section 172.
SEC. 209.1. RH (RESIDENTIAL, HOUSE) DISTRICTS.
* * * *
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Table 209.1
ZONING CONTROL TABLE FOR RH DISTRICTS
Page 14
Zoning
Category
§
References
RH-1(D)
RH-1
RH-1(S)
RH-2
RH-3
BUILDING STANDARDS
Massing and Setbacks
Height and
Bulk Limits
* * * *
* * * *
No portion of a
Dwelling may be
taller than 40
feet. Structures Varies,
§§ 102, 1 05,
No portion of a Dwelling may be
with uses other b t
1 06, 250-252,
taller than 35 feet. Str~ctures with
than Dwellings
g~nerally
253, 260, 261, uses other than Dwellings may be
may be
40 feet.
261.1 270, 271. constructed to the prescribed height constructed t
Heizht
?e~ ~I so .
~~~i!, _w~ic~ i~ ~e~_er~lly 40 .teet. Per the prescribe~
'\culvtimJ
Height and
s Lo1 the height limit may be
hei · ht limit
on Allevs
Bulk District
decreased or increased based on
Pe( § 261 the ~
Maps.
the slope of the lot.
h · ht 1• 't
2611
e1g
1m1 may
..
be decreased
based on the
slope of the lot.
* * * *
* * * *
SEC. 261.1. ADDITIONAL HEIGHT LIMITS FOR NARROW STREETS AND ALLEYS IN
RH, & RTO, NC, NCT, EASTERN NEIGHBORHOODS MIXED USE, AND SOUTH OF
MARKET MIXED USE DISTRICTS.
(a)
Purpose. The intimate character of nNarrow eSJ:reets. as defined in subsection (Q).
(righte ofvv·ay 40 feet in rvidth or narrower) and ad_lleys is an important and unique component of
the City and certain neighborhoods in particular. The scale of these streets should be
preserved to ensure they do not become overshadowed or overcrowded. Heights along
ad_lleys and nNarrow eSJ:reets are hereby limited to provide ample sunlight and air, as follows:
(b)
Definitions.
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(1)
"Narrow Street" shall be defined as a public right of way less than or
equal to 40 feet in width, or any mid-block passage or alley that is less than 40 feet in width
created under the requirements of Section 270.2.
(2)
"Subject Frontage" shall mean::
(A)
any building frontage in an RH-1 (D), RH-1, or RH-1 (S) District that
abuts a Narrow Street and is more than 20 feet from an intersection with a street wider than 40
feet or
(Jll
any building frontage in an RH-2, RH-3, RM, RM. RTO, NC, NCT,_
or Eastern Neighborhood Mixed Use District that abuts a Narrow Street and that is more than
60 feet from an intersection with a &Street wider than 40 feet.
(3)
"East-West Narrow Streets" shall mean all Narrow Streets, except those
created pursuant to Section 270.2, that are oriented at 45 degrees or less from a true east-
west orientation or are otherwise named herein: Elm, Redwood, Ash, Birch, Ivy, Linden,
Hickory, Lily, Rose, Laussat, Germania, Clinton Park, Brosnan, Hidalgo, and Alert Streets.
(c)
Applicability. The controls in this Section shall apply in all RH, RM. RTO, NC,
NCT, Eastern Neighborhoods Mixed Use, and South of Market Mixed Use Districts. except in
the Bernal Heights Special Use District.
(d)
Controls.
( 1)
General Requirement. Except as described below, all subject frontages
shall have upper stories set back at least 10 feet at the property line above a height equivalent
to 1.25 times the width of the abutting nNarrow &~treet. Buildings of two stories above grade
may be built without a second-storv setback, regardless of the width of the street.
(2)
Southern Side of East-West Streets. All subject frontages on the
southerly side of an East-West Narrow Street shall have upper stories which are set back at
the property line such that they avoid penetration of a sun access plane defined by an angle
Supervisor Mandelman
BOARD OF SUPERVISORS
Page 16
of 45 degrees extending from the most directly opposite northerly property line (as illustrated
in Figure 261.1A.) No part or feature of a building, including but not limited to any feature
listed in Section& 260(b ), may penetrate the required setback plane.
* * * *
SEC. 270. BULK LIMITS: MEASUREMENT.
(a)
The limits upon the bulk of buildings and structures shall be as stated in this
Section 270 and in Sections 271 and 272. The terms Diagonal Dimension, Height, Length, and
Plan Dimensions "height," ''plan dimensions," "length" and "diagonal dimensions" shall be as
defined in this Code. In each height and bulk district, the maximum plan dimensions shall be
as specified in the following table, at all horizontal cross-sections above the height indicated.
* * * *
SEC. 311. PERMIT REVIEW PROCEDURES.
* * * *
(b)
Applicability. Except as indicated herein, all building permit applications in
Residential, NC, NCT, and Eastern Neighborhoods Districts for a change of use;
establishment of a Micro Wireless Telecommunications Services Facility; establishment of a
Formula Retail Use; demolition, new construction, or alteration of buildings, and the removal
of an authorized or unauthorized residential unit shall be subject to the notification and review
procedures required by this Section 311. In addition, all building permit applications that would
establish Cannabis Retail or Medical Cannabis Dispensary .Y1J,ses, regardless of zoning
district, shall be subject to the review procedures required by this Section 311.
Notwithstanding the foregoing or any other requirement of this Section 311, a change of use
to a Child Care Facility, as defined in Section 102, and alterations to nonconforming structures
permitted by Sections 172(a)(1) and 172(a)(2) shall not be subject to the review requirements
of this Section 311.
Supervisor Mandelman
BOARD OF SUPERVISORS
Page 17
* * * *
Section 3. Effective Date. This ordinance shall become effective 30 days after
enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the
ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board
of Supervisors overrides the Mayor's veto of the ordinance.
Section 4. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors
intends to amend only those words, phrases, paragraphs, subsections, sections, articles,
numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal
Code that are explicitly shown in this ordinance as additions, deletions, Board amendment
additions, and Board amendment deletions in accordance with the "Note" that appears under
the official title of the ordinance.
APPROVED AS TO FORM:
DENNI~-:~~~HERR~;_:ity Attorney
By:
(
I I) ~
:'lfJ'biTH A. BOYAJIAN
Deputy City Attorney
n:\legana\as2018\1900285\01380989.docx
Supervisor Mandelman
BOARD OF SUPERVISORS
Page 18
City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
190048
Date Passed: September 03, 2019
Ordinance amending the Planning Code to 1) require building setbacks for buildings fronting on
narrow streets, 2) modify front yard requirements in Residential Districts, 3) increase required rear
yards in single-family zoning districts by five percent, 4) amend the rear yard requirements for
through lots and corner lots in certain districts to permit second buildings where specified conditions
are met, and 5) allow building height increases to existing stories in existing nonconforming buildings
in order to accommodate residential uses; affirming the Planning Department's determination under
the California Environmental Quality Act; making findings of consistency with the General Plan, and
the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity,
convenience, and general welfare under Planning Code, Section 302.
June 17, 2019 Land Use and Transportation Committee- CONTINUED
June 24, 2019 Land Use and Transportation Committee- CONTINUED
July 08, 2019 Land Use and Transportation Committee -AMENDED, AN AMENDMENT
OF THE WHOLE BEARING NEW TITLE
July 08, 2019 Land Use and Transportation Committee- CONTINUED AS AMENDED
July 15, 2019 Land Use and Transportation Committee- RECOMMENDED AS AMENDED
July 23, 2019 Board of Supervisors - CONTINUED ON FIRST READING
Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani,
Walton and Yee
July 30, 2019 Board of Supervisors- AMENDED, AN AMENDMENT OF THE WHOLE
BEARING SAME TITLE
Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani,
Walton and Yee
July 30, 2019 Board of Supervisors- AMENDED, AN AMENDMENT OF THE WHOLE
BEARING SAME TITLE
Ayes: 11 -Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani,
Walton and Yee
July 30, 2019 Board of Supervisors- AMENDED, AN AMENDMENT OF THE WHOLE
BEARING NEW TITLE
Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani,
Walton and Yee
July 30, 2019 Board of Supervisors - PASSED ON FIRST READING AS AMENDED
City and County of San Francisco
Ayes: 11 -Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani,
Walton and Yee
Pagel
Printed at 1:34pm on 914119
September 03, 2019 Board of Supervisors-FINALLY PASSED
Ayes: 11 -Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani,
Walton and Yee
File No. 190048
London N. Breed
Mayor
City and County of San Francisco
Page2
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
9/3/2019 by the Board of Supervisors of the
City and County of San Francisco.
Date Approved
Printed at 1:34pm on 9/4/19
