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(a) Intent. It is the intent of this Section 175.1 to provide for an orderly transition from prior zoning and planning requirements to the requirements under the Central SoMa Controls, without impairing the validity of prior actions by the City or frustrating completion of actions authorized prior to the effective date of those Controls.
(1) “Central SoMa Controls” shall mean all Ordinances adopted in furtherance of the Central SoMa Area Flan, including but not limited to Ordinance Nos. 282-18 & 283-18, and associated amendments to the Planning Code, Zoning Map, and Administrative Code.
(2) “Development Application” is defined in Planning Code Section 401.
(3) “Project Approval” shall mean any required approval or determination on a Development Application that the Planning Commission, Planning Department, or Zoning Administrator issues.
(4) “Code Conforming Project” shall mean a development project for which all required Development Applications could have received Project Approval under the Planning Code immediately prior to the effective date of the Central SoMa Controls.
(c) Applicability. A Code Conforming Project within the Central SoMa Special Use District may elect to be exempt from the Central SoMa Controls and instead be subject to those controls in place immediately prior to the effective date of the Central SoMa Controls, if at least one Development Application for such project was filed before February 15, 2018 and the project receives its first Project Approval by December 31, 2019.
(Added by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)
(Former Sec. 175.1 amended by Ord. 414-85, App. 9/17/85; repealed by Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011)
(Added by Ord. 414-85, App. 9/17/85; repealed by Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011)
CODIFICATION NOTE
Section 15 of the repealing ordinance cited above states: "The San Francisco Planning Code is hereby amended by repealing Section 172.2, as follows: SEC. 175.2. . . ." The remainder of former Section 175.2 is then set out and struck through. The initial reference to Section 172.2 therefore appears to have been a scrivener's error. Accordingly, the codifier has given effect to Section 15 of the repealing ordinance by deleting this Section 175.2 from the Code and designating it as repealed.
(Added by Ord. 414-85, App. 9/17/85; repealed by Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011)
(Added by Ord. 414-85, App. 9/17/85; repealed by Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011)
(a) Intent. It is the intent of this Section to provide for an orderly transition from prior zoning and planning requirements to the requirements imposed in implementing the Western SoMa Controls, without impairing the validity of prior actions by the City, or frustrating completion of actions authorized prior to the effective date of those Controls.
(b) Applicability. This Section applies only to projects located in a SALI District within the boundaries of the Eastern Neighborhoods Program Area as defined in Section 401 that have a Development Application pending as of June 20, 2012. Notwithstanding any contrary provision in this Section, if a project does not receive its first building or site permit within 36 months after the effective date of the Western SoMa Controls, then it shall be subject to all applicable Planning Code and Zoning Maps controls in effect at the date its first building or site permit is issued. The 36-month time period is extended until the expiration of any appeal period, or if an appeal or litigation challenging the project authorization is filed, until final resolution of the appeal or litigation.
(c) Definitions. The following definitions shall apply to this Section:
(1) "Code Conforming Project" shall mean a project which complies with the Planning Code prior to the effective date of the Western SoMa controls.
(2) "Development Application" shall mean any application for a building permit, site permit, environmental review, Conditional Use or Variance.
(3) "Pending," with respect to a Development Application, shall mean first filed with the Planning Department on the date specified in Section (b) above for a project that has not obtained a Project Approval prior to the effective date of the Western SoMa Controls.
(4) "Project Approval" shall mean any required approval or determination on a Development Application by the Planning Commission, Planning Department, or Zoning Administrator.
(5) "Residential Project" shall mean any project which includes at least one dwelling unit, group housing bedroom, or other residential use or uses.
(6) "Western SoMa Controls" shall mean all Ordinances adopted in furtherance of the Western SoMa Area Plan Process and associated amendments to the Planning Code, Zoning Map, and Administrative Code.
(d) Effect of Western SoMa Controls on pending Residential Code Conforming Projects.
(1) Articles 1, 1.2, 1.5, and 2.5 of the Planning Code as amended by the Western SoMa Controls shall apply; and
(3) The Planning Director may grant an increase beyond the otherwise-superseded height limits of no more than 8 feet when an equal or greater increase would be allowed under the Western SoMa Controls and when such increase is necessary to comply with Subsection (d)(1), above; and
(4) If compliance with Subsection (d)(1) would require a substantial re-design of the project or a significant change to the type or size of uses originally proposed, the applicant may seek complete or partial relief from that requirement through the Conditional Use authorization process as set forth in Section 303; and
(5) For proposed Residential Projects where such uses are not permitted under the Western SoMa Controls, Subsection (d)(1), above shall apply as if the residential use were located in a Western SoMa Mixed Use General (WMUG) District.
(Former Sec. 175.5 added by Ord. 344-87, App. 8/21/87; repealed by Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011)
AMENDMENT HISTORY
(See Interpretations related to this Section.)
(a) Intent. It is the intent of this Section to provide for an orderly transition from prior zoning and planning requirements to the requirements imposed in implementing the Eastern Neighborhoods Controls, without impairing the validity of prior actions by the City, or frustrating completion of actions authorized prior to the effective date of those Controls.
(b) Applicability. This Section applies only to the specific types of development projects identified herein and that are subject to changed regulations or procedures as a result of the Eastern Neighborhoods Controls and are located in an Eastern Neighborhoods Mixed Use District or any PDR, R, or NC District located within the boundaries of the Eastern Neighborhoods Project Area pursuant to Section 423. This Section shall not apply to any other project.
(c) Definitions. The following definitions shall apply to this Section:
(1) "Eastern Neighborhoods Controls" shall mean all Ordinances adopted in furtherance of the Eastern Neighborhoods Area Plan Process, including but not limited to Ordinance Numbers 0297-09, 0298-08, 0299-08, 0330-08, 0302-08, 0304-08, 0305-08, and associated amendments to the Planning Code, Zoning Map, and Administrative Code.
(2) "Development Application" shall mean any application for a building permit, site permit, environmental review, Conditional Use or Variance.
(3) "Project Approval" shall mean any required approval or determination on a Development Application that the Planning Commission, Planning Department, or Zoning Administrator issues.
(4) "Code Conforming Project" shall mean a development project for which all required Development Applications could have received Project Approvals in accordance with the provisions of the Planning Code in effect when the first such application was filed with the Planning Department. Under no circumstances may a Code Conforming Project make use of any community plan intake process or fee schedule as set forth in Chapter 31 of the Administrative Code.
(5) "Entitled Project" shall mean any project for which a Project Approval was granted prior to the effective date of the Eastern Neighborhoods Controls and:
(A) that is not, and has not been, in violation of any time limits imposed pursuant to the Building Code or as a condition of approval of the project; and
(B) for which no certificate of occupancy or completion of any type has ever been issued.
(6) "Residential Project" shall mean any development project which includes at least one dwelling unit, group housing bedroom, or other residential use or uses.
(7) "Non-Residential Project" shall mean any development project which is not a Residential Project.
(d) Effect of Amendments on Approved Projects. A Development Application that would modify an Entitled Project shall be governed all current provisions of the Planning Code (including the Zoning Maps) exclusive of the Eastern Neighborhood Controls.
(e) Effect of Amendments on Projects for Which No Project Approval Has Occurred. A Code Conforming Project for which a Development Application first was filed with the Planning Department during any of the time periods identified in this Subsection and that did not obtain Project Approval prior to the effective date of the Eastern Neighborhoods Controls shall be governed by Subsection (d), above, except as specifically modified below:
(1) For Non-Residential and Single Room Occupancy (as defined in Sec. 890.88(c)) Code Conforming Projects that filed a first Development Application with the Planning Department prior to January 19, 2007 and for Residential Code Conforming Projects, excluding Single Room Occupancy projects, that filed a first Development Application with the Planning Department prior to April 1, 2006:
(A) Articles 1, 1.2, 1.5, and 2.5 of the Planning Code as amended by the Eastern Neighborhood Controls shall apply; and
(B) The Planning Director may grant an increase beyond the otherwise-superseded height limits of no more than 8 feet when an equal or greater increase would be allowed under the Eastern Neighborhoods Controls and when such increase is necessary to comply with Subsection (e)(1)(A), above.
(C) If compliance with Subsection (e)(1)(A) would require a substantial re-design of the project or a significant change to the type or size of uses originally proposed, the applicant may seek complete or partial relief from that requirement through the Conditional Use authorization process as set forth in Section 303.
(D) Additionally, for proposed residential uses in PDR Districts where such uses are not permitted under the Eastern Neighborhoods Controls, Subsection (e)(1)(A), above, shall apply as if the residential use were located in an Urban Mixed Use (UMU) District.
(2) For Non-Residential Code Conforming projects that filed a first Development Application with the Planning Department between January 19, 2007 and August 29, 2007:
(A) Subsection (e)(1), above, shall apply;
(B) The impact fees set forth in Section 423 of the Eastern Neighborhoods Controls shall apply, except that the fees set forth in Tables 423.3A and 423.3B, regardless of fee tier, shall be reduced to $3 per gross square foot of Non-Residential Use; and
(3) For Non-Residential Code Conforming projects that filed a first Development Application with the Planning Department between August 30, 2007 and April 17, 2008 and for Residential Code Conforming Projects that filed a first Development Application with the Planning Department between April 1, 2006 and April 17, 2008.
(A) Subsection (e)(1), above, shall apply:
(B) The impact fees set forth in Section 423 of the Eastern Neighborhoods Controls shall apply; and
(C) The housing requirements for residential projects as set forth in Section 419 of the Eastern Neighborhoods Controls shall apply.
AMENDMENT HISTORY
(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)
(a) This Section shall apply only to property located in any Eastern Neighborhoods Mixed Use District, the SLI District, or any NCT, RTO or PDR District which is located within the boundaries of the Eastern Neighborhoods Project Area pursuant to Section 327.2(I).
(b) Notwithstanding any contrary provision in Section 175.6, should a project not receive its first building or site permit within 36 months after receiving the last of any required authorization under Sections 303, 305, or 329, then any such authorization shall be subject to the Eastern Neighborhoods Public Benefit Fee set forth in Sections 327 et seq. at the date it receives its first building or site permit.
(c) Any residential project subject to Subsection (b) also shall provide the Planning Code's affordable housing requirements in the zoning district where the subject property is located.
(d) Notwithstanding any contrary provision of Subsection (c) above, if a residential project submitted its first application, including an environmental evaluation application or any other Planning Department or Building Department application before July 1, 2006 and the project is in compliance with Section 175.6(c)(4), then it shall provide the lesser of:
(1) Three additional percentage points (3%) above the Residential Inclusionary Affordable Housing Program requirements that would have applied to the subject project pursuant to Sections 415 et seq. at the time of first application submittal or
(2) The Planning Code's affordable housing requirements in the zoning district where the subject property is located.
(e) The time period in Subsection (b) is subject to the following requirements; (1) the required authorization must be final and effective; and (2) the 36-month time period shall be tolled until the expiration of any appeal period if no appeal is filed, or if an appeal is filed, final resolution of any appeal. This time period also shall be tolled until a final judgment is issued in any litigation challenging the project authorization.
(Added Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 62-13
, File No. 121162, App. 4/10/2013, Eff. 5/10/2013)
AMENDMENT HISTORY
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