(a) Intent. In order to encourage generous ground floor ceiling heights for commercial and other active uses, encourage additional light and air into ground floor spaces, allow for walk-up ground floor residential uses to be raised slightly from sidewalk level for privacy and usability of front stoops, and create better building frontage on the public street, up to an additional 5' of height is allowed along major streets in NCT districts, or in specific districts listed below, for buildings that feature either higher ground floor ceilings for non-residential uses or ground floor residential units (that have direct walk-up access from the sidewalk) raised up from sidewalk level.
(b) Applicability. The special height exception described in this section shall only apply to projects that meet all of the following criteria:
(1) project is located in a 30-X, 40-X or 50-X Height and Bulk District as designated on the Zoning Map;
(2) project is located in one of the following districts:
(A) in an NCT district as designated on the Zoning Map;
(B) in the Castro Street, Inner Clement Street, Outer Clement Street, Excelsior Outer Mission Street, Irving Street, Japantown, Judah Street, Noriega Street, Taraval Street, and 24th Street – Noe Valley NCDs;
(C) on a NC-2 designated parcel on Balboa Street between 2nd Avenue and 8th Avenue, and between 32nd Avenue and 39th Avenue;
(D) on a NC-1 designated parcel within the boundaries of Sargent Street to Orizaba Avenue to Lobos Street to Plymouth Avenue to Farallones Street to San Jose Avenue to Alemany Boulevard to 19th Avenue to Randolph Street to Monticello Street and back to Sargent Street;
(E) on a NC-3 designated parcel fronting on Geary Boulevard from Masonic Avenue to 28th Avenue, except for parcels on the north side of Geary Boulevard between Palm Avenue and Parker Avenue; or
(F) on a parcel zoned NC-1 on Noriega, Irving, Taraval, or Judah Streets west of 19th Avenue.
(3) project features ground floor commercial space or other active use as defined by Section 145.1(b)(2) with clear ceiling heights in excess of ten feet from sidewalk grade, or in the case of residential uses, such walk-up residential units are raised up from sidewalk level;
(4) said ground floor commercial space, active use, or walk-up residential use is primarily oriented along a right-of-way wider than 40 feet;
(5) said ground floor commercial space or active use occupies at least 50% of the project's ground floor area; and
(6) except for projects located in NCT districts, the project sponsor has conclusively demonstrated that the additional 5' increment allowed through Section 263.20 would not add new shadow to any public open spaces.
(c) One additional foot of height, up to a total of five feet, shall be permitted above the designated height limit for each additional foot of ground floor clear ceiling height in excess of 10 feet from sidewalk grade, or in the case of residential units, for each foot the unit is raised above sidewalk grade.
(Added by Ord. 72-08, File No. 071157, App. 4/30/2008; amended by Ord. 5-10, File No. 090319, App. 1/22/2010; Ord. 25-11, File No. 101464, App. 2/24/2011; Ord. 170-11
, File No. 110592, App. 8/8/2011, Eff. 9/7/2011; Ord. 35-12
, File No. 111305, App. 2/21/2012, Eff. 3/22/2012; Ord. 92-12
, File No. 111247, App. 5/21/12, Eff. 6/20/12; Ord. 175-12
, File No. 120241, App. 8/7/2012, Eff. 9/6/2012; Ord. 226-12
, File No. 120774, App. 10/29/2012, Eff. 11/28/2012; Ord. 56-13
, File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 261-13
, File No. 130084, App. 11/27/2013, Eff. 12/27/2013; Ord. 227-14
, File No. 120796, App. 11/13/2014, Eff. 12/13/2014; Ord. 229-15
, File No. 151126, App. 12/22/2015, Eff. 1/21/2016)
AMENDMENT HISTORY
[Former] division (b)(2)(D) amended; Ord. 170-11
, Eff. 9/7/2011. Section header and division (b)(1) amended; Ord. 35-12
, Eff. 3/22/2012. Division (b)(2)(B) amended; new [now former] divisions (b)(2)(D) and (F) added; former division (b)(2)(D) redesignated as [former] (b)(2)(E); Ord. 92-12
, Eff. 6/20/12. Section header and division (a) amended; new [now former] divisions (b)(2)(G), (H), (I), and (J) added; Ord. 175-12
, Eff. 9/6/2012. Division (b)(2)(B) amended; division (c) diagram replaced; Ord. 226-12
, Eff. 11/28/2012. Graphical material amended; Ord. 56-13
, Eff. 4/27/2013. Divisions (b)(2) and (b)(2)(B) amended; former division (b)(2)(C) deleted; former divisions (b)(2)(D), (E), and (F) redesignated as (b)(2)(C), (D), and (E); former division (b)(2)(G) redesignated as (b)(2)(F) and amended; former divisions (b)(2)(H), (I), and (J) deleted; Ord. 261-13
, Eff. 12/27/2013. Division (b)(2)(B) amended; Ord. 227-14
, Eff. 12/13/2014. Division (b)(2)(B) amended; Ord. 229-15
, Eff. 1/21/2016.
Editor's Notes:
Ordinance 72-08, approved 4/30/2008, enacted new sections designated 263.18 and 263.20. The editor redesignated those two sections as this Sec. 263.20 and Sec. 263.22, respectively.
This section subsequently has been amended under its current number by multiple ordinances, as documented in the history note above.
After the addition of this section to the Code, Ord. 200-08, approved 8/22/2008, enacted a new section with the same number as this section. That new section was redesignated and codified as Sec. 263.23 by the editor.
Ordinance 72-08, approved 4/30/2008, enacted new sections designated 263.18 and 263.20. The editor redesignated those two sections as this Sec. 263.20 and Sec. 263.22, respectively.
This section subsequently has been amended under its current number by multiple ordinances, as documented in the history note above.
After the addition of this section to the Code, Ord. 200-08, approved 8/22/2008, enacted a new section with the same number as this section. That new section was redesignated and codified as Sec. 263.23 by the editor.