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(a) General. In the 65N-85N Height and Bulk District, as designated on Sectional Map No. 1H of the Zoning Map, located within the boundaries of the Chinatown Residential Neighborhood Commercial District, height exceptions may be approved above the 65-foot base height to a maximum of 85 feet, in accordance with the conditional use procedures and criteria provided in Section 303 of this Code and with the criteria and conditions set forth in subsection (c) below.
(1) When the developer of housing (a Dwelling Unit or Group Housing) agrees to construct 25% of the total units of a housing or mixed use development for persons and families of middle income as defined in Section 401 and such units shall remain affordable to such households for 30 years.
(2) When the developer of housing agrees to construct 10% of the total units of a housing or mixed use development for persons or families of low income as defined in Section 401 and such units shall remain affordable to such households for 30 years.
(3) When floor area at least equal to that permitted above the 65-foot base height will be occupied by medical or social services primarily directed to low-income persons or families and provision of space for such services is included in an approved Institutional Master Plan pursuant to Section 304.5 of this Code.
(b) Findings and Purposes. In this district, heights higher than 65 feet would encourage the construction of additional low-rent dwellings to serve housing and other needs in the City, or provision of services to low-income households provided that the structure does not adversely affect a building identified as having individual architectural and historical significance and is designed to reduce shadows on public sidewalks and parks, to reduce adverse wind impacts to adjacent uses, to provide an appropriate height transition to adjacent higher or lower buildings, and to otherwise satisfy subsection (c) below and the conditional use criteria of this Code, and would benefit the public.
(c) Conditions.
(1) The Planning Commission shall impose conditions on the approval of additional height pursuant to this subsection (c) to mitigate the impact that such height may have on adjacent uses and property and to assure the enforceability and enforcement of housing affordability and use provisions, which shall include, but need not be limited to, a requirement that each housing unit of an approved structure remain affordable to households of low or middle income for a period of not less than 30 years from the date of the first recording of a deed of trust provided that such unit is in conformity with subsection (c)(2) below and Section 413.
(2) The permit applicant shall designate housing units, which may be above or below the 65-foot base height limit, which shall be affordable to those households specified in subsection (a). Prior to the issuance by the Director of the Department of Building Inspection of a site or building permit to construct any designated unit subject to this Section 263.12, the permit applicant shall notify the Director of Planning and the Director of Property in writing whether the unit will be an owned or rental unit as defined in Section 401 of this Code.
(3) Within 60 days after the issuance by the Director of the Department of Building Inspection of a site or building permit for construction of any unit intended to be an owned unit, the Director of Planning shall notify the City Engineer in writing identifying the intended owned unit, and the Director of Property shall appraise the fair market value of such unit as of the date of the appraisal, applying accepted valuation methods, and deliver a written appraisal of the unit to the Director of Planning and the permit applicant. The permit applicant shall supply all information to the Director of Property necessary to appraise the unit, including all plans and specifications.
(4) Each designated unit shall be subject to the provisions of Section 413 of this Code. For purposes of this subsection (c) and the application of Section 413 of this Code to designated units constructed pursuant to this subsection (c), the definitions set forth in Sections 401 and 413 shall apply.
(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 208-19, File No. 190594, App. 9/20/2019, Eff. 10/21/2019)
AMENDMENT HISTORY
Divisions (a)-(a)(2), (b), and (c)(1)-(c)(4) amended; Ord. 208-19, Eff. 10/21/2019.