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(a) In the 50-D-1, 80-D-1 and 100-F-1 Height and Bulk Districts as designated on Sectional Map No. 1H of the Zoning Map, height exceptions may be approved by the Planning Commission in appropriate cases as provided herein.
(b) Such height exceptions may be permitted provided that the following criteria in addition to those stated in Section 303(c) are met:
(1) The height of the building or structure so approved by the Planning Commission shall not exceed 160 feet.
(2) The applicant shall demonstrate through solar access studies and shadow studies that the proposed height exceptions would create no additional shading impacts on Chinese Playground from 10:00 a.m. to 4:00 p.m., Standard Time, March 21st to September 21st.
(Added by Ord. 19-84, App. 1/12/84)
(a) In the 200-E-2 and 300-E-2 Height and Bulk Districts, as designated on Sectional Map No. 1H of the Zoning Map, height exceptions may be approved by the Planning Commission in appropriate cases as provided herein.
(b) Such height exceptions may be permitted provided that the following criteria in addition to those stated in Section 303(c) are met:
(1) The height of the building or structure so approved by the Planning Commission shall not exceed 320 feet.
(2) The applicant shall demonstrate through solar access studies and shadow studies that the proposed height exceptions would create no additional shading impacts on Chinese Playground from 10:00 a.m. to 4:00 p.m. Standard Time, March 21st to September 21st.
(Added by Ord. 19-84, App. 1/12/84)
(a) In the Chinatown Community Business District, the Chinatown Visitor Retail District and the Chinatown Residential Neighborhood Commercial District, height exceptions to 50-foot or 65-foot height districts may be approved for certain features according to procedures for conditional use approval in Section 303 of this Code.
The purpose of allowing the exception is, in the case of corners of buildings, to help define the larger space of the intersection and in the case of parapets to reassert the traditional Chinatown pattern.
(b) In addition to requirements of Section 303, such a height exception may be permitted provided that:
(1) The structure is on a corner lot and the feature exceeding the height limit consists of a decorative pavilion, sculpture or pagoda which does not exceed 150 square feet in size, or
(2) The additional height is for a decorative parapet similar to those existing in the Chinatown area and does not extend more than eight feet above the height limit.
(Added by Ord. 131-87, App. 4/24/87)
(a) General. In the 80-120-T and 80-130-T Height and Bulk Districts, as designated on Sectional Maps No. 1H and No. 2H of the Zoning Map, located within the boundaries of the North of Market Residential Special Use District, as designated on Sectional Map No. 1SUb of the Zoning Map, height exceptions may be approved by the City Planning Commission, pursuant to the provisions set forth below, from the base height of 80 feet up to 120 feet in the 80-120-T District and up to 130 feet in the 80-130-T District.
(b) Findings and Purposes. In the 80-120-T and 80-130-T Height and Bulk Districts located within the North of Market Residential Special Use District (NOMRSUD), heights higher than 80 feet would be appropriate in order to effect a transition from the higher downtown heights to the generally lower heights of the existing buildings in the NOMRSUD core area and the Civic Center area and to make more feasible the construction of new housing, provided that development of the site is also consistent with the general purposes of the NOMRSUD as set forth in Section 249.5(b). Because development at heights greater than 80 feet may create pressures on existing affordable housing in the area, it is desirable to ameliorate such pressures by requiring that a portion of the value added to the new development resulting from the granting of a height exception be contributed to a fund established for the purpose of stabilizing, rehabilitating, and retaining existing affordable units in the area.
The amount of contribution shall be a reasonable proportion of the value added to the development as a result of the extra building area enabled by the height exception.
(c) Procedures. Exceptions from the base height of 80 feet shall be permitted, up to 120 feet in the 80-120-T Height and Bulk District, and up to 130 feet in the 80-130-T Height and Bulk District, only upon approval by the City Planning Commission, according to the procedures for conditional use approval set forth in Section 303 of this Code.
(d) Conditions. The Planning Commission shall impose conditions on the approval of applications for conditional use authorization, required pursuant to Section 253 for buildings which exceed 40 feet in height in an R District, if such authorization includes a grant of an exception to the 80-foot base height limit, in order to mitigate the impact that such height exception is likely to have on the existing supply of affordable housing in the area. The condition shall require that the applicant pay a fee to the Controller which shall be deposited in the Citywide Affordable Housing Fund established in Administrative Code Section 10.100-49 (the “Fund”).
(e) Fee. The fee required pursuant to subsection (d) above shall be equal to the sum of $5 times the total gross square footage of floor space located above 80 feet in height as determined by the Zoning Administrator, as shown on the building plans. The fee shall be due and payable prior to the issuance of a temporary certificate of occupancy, unless the project sponsor agrees to and qualifies for participation in an amortized payment program, to be established by the Director of the Mayor’s Office of Housing and Community Development (MOHCD) and the Director of City Planning, such program to be subject to subsequent review and approval by the City Planning Commission and the Board of Supervisors, which program would result in the City receiving an amount equivalent to the value of the contribution at the time the temporary certificate of occupancy is issued.
(f) Procedure Regarding Temporary Permit of Occupancy. The Superintendent of the Bureau of Building Inspection shall provide notice in writing to the Zoning Administrator at least two business days prior to issuing a temporary permit of occupancy for any building subject to the provisions of this Section. If the Zoning Administrator notifies the Superintendent of the Bureau of Building Inspection within such time that the provisions of this Section have not been complied with, the Superintendent shall deny the temporary permit. If the Zoning Administrator notifies the Superintendent that the provisions of this Section have been complied with or fails to respond within two business days, the temporary permit of occupancy shall not be disapproved pursuant to this Section.
(g) Citywide Affordable Housing Fund. All fees collected by the Controller pursuant to this Section 263.7 shall be deposited in the Fund, but the fees shall be separately accounted for and expended by MOHCD as provided in this Section. All fees collected under this Section and deposited in the Fund shall be used solely to stabilize, rehabilitate, and retain affordable housing in the North of Market Residential Special Use District. No fees collected under this Section may be used, by way of loan or otherwise, to pay any administrative, general overhead, or similar expense of any entity except for servicing cost related to participation in the amortized payment program.
(h) Rules and Regulations for Implementation. The Director of MOHCD and the Director of City Planning shall prepare and submit to the Planning Commission and the Board of Supervisors for review and approval such rules and regulations as may be necessary for the implementation of this Section. The Director of MOHCD and the Director of City Planning shall further propose such amendments or additions to the rules and regulations that he or she determines to be necessary. Such amendments and additions shall include periodic revision of the fee to reflect current conditions.
(Added by Ord. 165-85, App. 3/28/85; amended by Ord. 31-20, File No. 190458, App. 2/21/2020, Eff. 3/23/2020)
AMENDMENT HISTORY
Divisions (d), (e), (g), and (h) amended; Ord. 31-20, Eff. 3/23/2020.
(a) In the 80-130-F and 80-130-X Height and Bulk District as designated on Sectional Map No. 1H of the Zoning Map, exceptions to the 80 foot height limit up to 130 feet may be approved in appropriate cases in accordance with the provisions of Section 309. The purpose of allowing additional height above 80 feet only as an exception is to ensure that height above 80 feet will not adversely affect the scale of the affected area or block sunlight access to public sidewalks and parks.
(b) Such height exceptions may be permitted provided that:
(1) The height of the building or structure does not exceed 130 feet; and
(2) The additional height will not add significant shadows on public sidewalks and parks; and
(3) The structure provides an appropriate transition to adjacent higher or lower buildings; and
(4) The additional height of the structure is set back an appropriate distance from the street frontage to maintain continuity of the predominant streetwall on the block.
(Added by Ord. 414-85, App. 9/17/85)
(a) In S Districts, additional height up to 10 percent of the heights shown on Maps 1H, 2H and 7H of the Zoning Map may be allowed as an extension of the upper tower, provided that the volume of the upper tower as extended is reduced by the percentage shown in Chart C of Section 271 of this Code.
(b) This additional height may be allowed pursuant to the provisions of Section 309 only to the extent it is determined that the upper tower volume is distributed in a way that will add significantly to the sense of slenderness of the building and to the visual interest to the termination of the building, and that the added height will improve the appearance of the sky-line when viewed from a distance, will not adversely affect light and air to adjacent properties, and will not add significant shadows to public open spaces.
(Added by Ord. 414-85, App. 9/17/85; Ord. 51-09, File No. 081620, App. 4/2/2009)
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