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SEC. 270.2. SPECIAL BULK AND OPEN SPACE REQUIREMENT: MID-BLOCK ALLEYS IN LARGE LOT DEVELOPMENT IN THE EASTERN NEIGHBORHOODS MIXED USE DISTRICTS, SOUTH OF MARKET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT, FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT, REGIONAL COMMERCIAL DISTRICT, C-3 DISTRICT, AND DTR DISTRICT.
(a) Findings. The historically industrial parts of the City, including the South of Market, Showplace Square, Central Waterfront, and Mission, typically have very large blocks. In the South of Market, a typical block is 825 feet in length and 550 feet in width; in Showplace Square and the Central Waterfront blocks extend up to 800 feet in length and greater; and in the Mission many blocks are over 500 feet in length. In areas of the City historically developed as moderate and high-density residential and commercial environments, the block pattern is much smaller, with many alternate and redundant paths of travels, service alleys, and public mid-block pedestrian walkways and stairways: the typical North of Market block is 275 feet in width and not more than 412.5 feet in length, often with minor alleys bisecting these blocks further into smaller increments.
Large blocks inhibit pedestrian movement and convenience by significantly lengthening walking distances between points, thereby reducing the ability and likelihood of people to walk between destinations, including reducing access to and likelihood of using transit. Academic studies have shown that the likelihood of people to walk for trips of all purposes, including walking to transit stops, declines substantially above distances as low as 1/5th of a mile, and that the propensity to walk is very elastic for distances of one mile or less and heavily dependent on distance and route barriers (Berman, Journal of American Planning Literature, May 1996). People are generally willing to walk not more than 1/3-mile to access rail transit, and less to access bus transit. In the Eastern Neighborhoods Mixed Use, South of Market Mixed Use, C-M, and DTR Districts, and South-of-Market portion of the C-3 Districts, longer walking distances due to large blocks generally lengthen walking distances by up to 1,000 feet or more for even the shortest trips, a major factor in reduced use of transit in these areas. In areas with large blocks, walking distances between destinations can be between 50% and 300% longer than for areas with smaller blocks and more route choices (Hess, Places, Summer 1997). In the South of Market area, for example, the distance between destinations for walking trips can be as much as 2.5 times longer than a trip between destinations similarly situated apart north of Market Street. Given equivalent densities and distributions of development, where walking distances are greater due to longer and larger blocks, residents have access to up to 50% fewer destinations (e.g. shops, services, transit) for equal walking distances (Id.). Greater walking distances and fewer route choices also severely degrade accessibility to transit, services, and shops for people with disabilities and the elderly (Kulash, Development, July/August 1990). Because there are fewer pedestrian route choices and people must walk on fewer, more-highly trafficked and busier streets for longer distances, the quality of the pedestrian experience is severely diminished and there are more conflicts with motor vehicles, with corresponding heightened concerns for pedestrian safety on major streets.
Large blocks also increase vehicular and service demand on streets. Where there are no secondary streets or service alleys, all vehicular functions (including service loading as well as private vehicular access to off-street parking) are concentrated onto fewer streets, increasing traffic volumes on these streets and creating significant and frequent conflicts with automobile traffic, transit, bicycles, and pedestrian activity.
Where industrial uses with low densities of workers and residents remain in place, the condition of large blocks is not a problem. However, where land use changes occur with new development and the intensity and density of residential and employment population are increased by new development, there is thus a significant new need created to improve pedestrian and vehicular circulation by mitigating the size the blocks, providing alternate and redundant paths of travel, and creating a more pedestrian-accessible environment.
(b) Purpose. The mid-block alley requirements of this Section are intended to ameliorate the conditions and impacts described in the Findings of subsection (a) above and make the subject areas appropriate for a higher density of activity and population in areas being targeted for more intense development.
(c) Applicability. This Section 270.2
applies to all new construction on parcels that have one or more street or alley frontages of over 200 linear feet on a block face longer than 400 feet between intersections, and are in the C-3 Districts, if located south of Market Street, or in the South of Market Neighborhood Commercial Transit District, Folsom Street Neighborhood Commercial Transit District, Regional Commercial District, Eastern Neighborhoods Mixed Use Districts, or DTR Districts, except for parcels in the RH DTR District, which are subject to Section 827.
(d) Requirements.
(1) New construction on lots with greater than 300 linear feet of street frontage shall provide a publicly-accessible mid-block alley for the entire depth of the property, generally located toward the middle of the subject block face, perpendicular to the subject frontage and connecting to any existing streets and alleys. For development lots with frontage on more than one street that exceeds the above dimensions, one such mid-block alley will be required per frontage.
(2) For new construction on lots with frontage greater than 200 linear feet but less than 300 feet the project shall provide a publicly-accessible mid-block alley for the entire depth of the property where any of the following criteria are met:
(A) There is an opportunity to establish a through-block connection between two existing alleys or streets, or
(B) A portion of the subject frontage extends over the central half of the block face, or
(C) Where it is deemed necessary by the Planning Department and Commission to introduce alleys to reduce the scale of large development, particularly in areas with a surrounding pattern of alleys.
(3) For new construction within the Van Ness & Market Residential Special Use District on lots with greater than 300 linear feet of street frontage, the project shall provide a publicly-accessible mid-block alley between any two frontages that have at least 200 feet of length each. Such alley shall be subject to all requirements of this Section 270.2, except that the requirements of subsection 270.2(e)(14) shall not apply. A project subject to this subsection 270.2(d)(3) may seek an exception to the requirements of Section 270.2(e)(6) pursuant to the procedures and findings of Section 309(a)(18).
(e) Design and Performance Standards. The alleys provided per subsections (a) and (b) above shall meet the following standards:
(1) Generally be located as close to the middle portion of the subject block face as possible, perpendicular to the subject frontage and connect to existing adjacent streets and alleys;
(2) Provide pedestrian access;
(3) Provide no, limited, or full vehicular access, as specific conditions warrant;
(4) Have a minimum width of 20 feet, exclusive of those obstructions allowed within setbacks pursuant to Section 136. In RED, RED-MX, WMUG, WMUO, and SALI Districts, the minimum width shall be 30 feet;
(5) Have a minimum clear walking width of 10 feet free of any obstructions in the case of a pedestrian-only right-of-way, and dual sidewalks each of not less than six feet in width with not less than four feet minimum clear walking width in the case of an alley with vehicular access;
(6) Have at least 60 percent of the area of the alley or pathway open to the sky. Obstructions permitted within setbacks pursuant to Section 136 may be located within the portion of the alley or pathway that is required to be open to the sky. All portions of the alley or pathway not open to the sky shall have a minimum clearance height from grade of 15 feet at all points;
(7) Provide such ingress and egress as will make the area easily accessible to the general public;
(8) Be protected from uncomfortable wind, as called for elsewhere in this Code;
(9) Be ungated and publicly accessible 24 hours per day, as defined elsewhere in this Section 270.2;
(10) Be provided with appropriate paving, furniture, and other amenities that encourage pedestrian use, and be landscaped to greatest extent feasible;
(11) Be provided with ample pedestrian lighting to ensure pedestrian comfort and safety;
(12) Be free of any changes in grade or steps not required by the underlying natural topography and average grade; and
(13) Be fronted by active ground floor uses, as defined in Section 145.1, to the extent feasible.
(f) Maintenance. Mid-block paths and alleys required under this Section shall be maintained at no public expense. The owner of the property on which the alley is located shall maintain it by keeping the area clean and free of litter and by keeping it in an acceptable state of repair. Conditions intended to assure continued maintenance of the right-of-way for the actual lifetime of the building giving rise to the open space requirement may be imposed in accordance with the provisions of Section 309.1 for DTR or 329 for Eastern Neighborhoods Mixed Use Districts.
(g) Informational Plaque. Prior to issuance of a permit of occupancy, a plaque shall be placed in a publicly conspicuous location for pedestrian viewing. The plaque shall state the right of the public to pass through the alley and stating the name and address of the owner or owner's agent responsible for maintenance. The plaque shall be of no less than 24 inches by 36 inches in size.
(h) Property owners providing a pathway or alley under this section will hold harmless the City and County of San Francisco, its officers, agents and employees, from any damage or injury caused by the design, construction or maintenance of the right-of-way, and are solely liable for any damage or loss occasioned by any act or neglect in respect to the design, construction or maintenance of the right-of-way.
(i) Any non-vehicular portions of such a pathway or alley, including sidewalks or other walking areas, seating areas, or landscaping, may count toward any open space requirements of this Code which permit publicly-accessible open space, provided that such space meets the standards of Section 135. In C-3 Districts, the non-vehicular portions of such a pathway or alley may count towards the open space requirements of Section 138 of this Code, so long as the pathway or alley is located at street grade and meets the requirements of Section 138 and of this Section.
(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 85-10, File No. 091271, App. 4/30/2010; Ord. 42-13
, File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015; amended by Ord. 102-16
, File No. 160346, App. 6/24/2016, Eff. 7/24/2016; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020)
AMENDMENT HISTORY
Division (e)(4) amended; Ord. 42-13
, Eff. 4/27/2013. Division (g) amended; Ord. 188-15
, Eff. 12/4/2015. Section header and divisions (c), (e)(4), and (e)(6) amended; Ord. 102-16
, Eff. 7/24/2016. Section header and division (c) amended; Ord. 296-18, Eff. 1/12/2019. Division (d)(3) added; Ord. 126-20, Eff. 8/31/2020.
(a) General. The bulk limits prescribed by Section 270 have been carefully considered in relation to objectives and policies for conservation and change in districts other than C-3. There may be some exceptional cases in which these limits may properly be permitted to be exceeded to a certain degree; however, following public review and exploration of alternatives, provided there are adequate compensating factors. Such deviation might occur, when the criteria of this Section are met, for one or both of the following positive reasons:
(1) Achievement of a distinctly better design, in both a public and a private sense, than would be possible with strict adherence to the bulk limits, avoiding an unnecessary prescription of building form while carrying out the intent of the bulk limits and the principles and policies of the General Plan.
(2) Development of a building or structure with widespread public service benefits and significance to the community at large, where compelling functional requirements of the specific building or structure make necessary such a deviation.
(b) Procedures. Deviations from the bulk limits under this section shall be permitted only upon approval by the City Planning Commission according to the procedures for conditional use approval in Section 303 of this Code, or for the procedures for design review in Section 329 of this Code for subject projects in the Eastern Neighborhoods Mixed Use Districts.
(1) The appearance of bulk in the building, structure or development shall be reduced by means of at least one and preferably a combination of the following factors, so as to produce the impression of an aggregate of parts rather than a single building mass:
(A) Major variations in the planes of wall surfaces, in either depth or direction, that significantly alter the mass;
(B) Significant differences in the heights of various portions of the building, structure or development that divide the mass into distinct elements;
(C) Differences in materials, colors or scales of the facades that produce separate major elements;
(D) Compensation for those portions of the building, structure or development that may exceed the bulk limits by corresponding reduction of other portions below the maximum bulk permitted; and
(E) In cases where two or more buildings, structures or towers are contained within a single development, a wide separation between such buildings, structures or towers.
(2) In every case the building, structure or development shall be made compatible with the character and development of the surrounding area by means of all of the following factors:
(A) A silhouette harmonious with natural land-forms and building patterns, including the patterns produced by height limits;
(B) Either maintenance of an overall height similar to that of surrounding development or a sensitive transition, where appropriate, to development of a dissimilar character;
(C) Use of materials, colors and scales either similar to or harmonizing with those of nearby development; and
(D) Preservation or enhancement of the pedestrian environment by maintenance of pleasant scale and visual interest.
(3) While the above factors must be present to a considerable degree for any bulk limit to be exceeded, these factors must be present to a greater degree where both the maximum length and the maximum diagonal dimension are to be exceeded than where only one maximum dimension is to be exceeded.
(Amended by Ord. 414-85, App. 9/17/85; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)
AMENDMENT HISTORY
(a) General. The bulk limits prescribed by Section 270 have been carefully considered in relation to objectives and policies for conservation and change in C-3 Districts. However, there may be some exceptional cases in which these limits may properly be permitted to be exceeded to a certain degree, provided, however, that there are adequate compensating factors. Exceptions to the bulk limits may be approved in the manner provided in Section 309, provided that at least one of the following criteria is met:
(1) Achievement of a distinctly better design, in both a public and a private sense, than would be possible with strict adherence to the bulk limits, avoiding an unnecessary prescription of building form while carrying out the intent of the bulk limits and the principles and policies of the Master Plan;
(2) Development of a building or structure with widespread public service benefits and significance to the community at large, where compelling functional requirements of the specific building or structure make necessary such a deviation; and provided further that all of the following criteria are met:
(A) The added bulk does not contribute significantly to shading of publicly accessible open space,
(B) The added bulk does not increase ground level wind currents in violation of the provisions of Section 148 of this Code;
(3) The added bulk does not significantly affect light and air to adjacent buildings;
(4) If appropriate to the massing of the building, the appearance of bulk in the building, structure or development is reduced to the extent feasible by means of at least one and preferably a combination of the following factors, so as to produce the impression of an aggregate of parts rather than a single building mass:
(A) Major variations in the planes of wall surfaces, in either depth or direction, that significantly alter the mass,
(B) Significant differences in the heights of various portions of the building, structure or development that divide the mass into distinct elements,
(C) Differences in materials, colors or scales of the facades that produce separate major elements,
(D) Compensation for those portions of the building, structure or development that may exceed the bulk limits by corresponding reduction of other portions below the maximum bulk permitted, and
(E) In cases where two or more buildings, structures or towers are contained within a single development, a wide separation between such buildings, structures or towers;
(5) The building, structure or development is made compatible with the character and development of the surrounding area by means of all of the following factors:
(A) A silhouette harmonious with natural land-forms and building patterns, including the patterns produced by height limits,
(B) Either maintenance of an overall height similar to that of surrounding development or a sensitive transition, where appropriate, to development of a dissimilar character,
(C) Use of materials, colors and scales either similar to or harmonizing with those of nearby development, and
(D) Preservation or enhancement of the pedestrian environment by maintenance of pleasant scale and visual interest.
(6) Exceptions to bulk limits shall not result in a building of greater total gross floor area than would be permitted if the bulk limits were met.
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 182-12
, File No. 120665, App. 8/8/2012, Eff. 9/7/2012)
AMENDMENT HISTORY
Formerly undesignated concluding paragraph designated as division (a)(6); Ord. 182-12
, Eff. 9/7/2012.
In the Open Space Districts designated by the symbol "OS" on Sectional Maps Nos. HT01 through HT13 of the Zoning Map, the height and bulk of buildings and structures shall be determined in accordance with the objectives, principles and policies of the General Plan, and no building or structure or addition thereto shall be permitted unless in conformity with the General Plan. The inclusion of land in Open Space Districts is intended to indicate its principal or exclusive purpose as open space, with future development of any character strictly limited. The exemptions from height and bulk limitations set forth in Section 260(b) of this Code shall not be applicable to Open Space Districts unless in conformity with the General Plan.
(Amended by Ord. 234-72, App. 8/18/72; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)
AMENDMENT HISTORY
(a) Purpose. The purpose of the Mission Rock Height and Bulk District is to enable development of Mission Rock as a mixed use, transit-oriented neighborhood, with significant open space, public access and affordable housing. The property within the District is divided into a number of separate blocks and varying height limits shall apply within such blocks as provided below. Design controls shall be adopted for the District to guide the design of improvements within the established height limits.
In approving the “Mission Rock Affordable Housing, Park, Jobs and Historic Preservation Initiative” (“Proposition D”) on November 3, 2015, the voters of the City and County of San Francisco established certain limits and parameters for the height and bulk of buildings at Mission Rock. These parameters are laid out in subsections (a)(1) through (5) below. The detailed height and bulk controls contained in subsections (b) through (g), adopted subsequent to approval of Proposition D, as described in the Mission Rock Special Use District in Section 249.80, are consistent with and implement these voter-established limitations and requirements. Mission Rock Design Controls (Design Controls), adopted by the Planning Commission and the Port Commission subsequent to approval of Proposition D, are incorporated by reference in Section 249.80.
The boundaries of the blocks and the height limits applicable within such blocks as shown in the graphic in subsection (b) below may only be modified in a manner consistent with all of the requirements set forth in the following subsections (a)(1) through (5), which requirements may not be amended without voter approval:
(1) Open Space. Approximately 8 acres of open space shall be provided within the District, and in these open space areas any buildings shall be limited in height to a single story, consistent with the height and bulk designation of OS (Open Space) in effect prior to the adoption of this Section 291 and the provisions of Planning Code Section 916.
(2) Pier 48. Pier 48, totaling approximately 5 acres (exclusive of the apron which shall remain as open space), shall be subject to a height limit of 40 feet and bulk designation of 40-X. No height limit in excess of 40 feet shall be established in the District within 100 feet landward of the shoreline of San Francisco Bay, measured from the mean high tide line as of the adoption of this Section 291.
(3) Lots Fronting Terry A. Francois Boulevard. Building frontages along the west side of the reconfigured Terry A. Francois Boulevard shall be no more than 40 feet in height, with height in excess of 40 feet stepping back from the street in accordance with the Design Controls. The maximum height of buildings on blocks fronting on the west side of reconfigured Terry A. Francois Boulevard shall be 120 feet, provided that floor area above 90 feet shall be used exclusively for residential uses and uses accessory thereto and/or restaurant uses.
(4) Elsewhere in the District. Three buildings within the District shall be permitted to exceed a height of 190 feet; provided that (i) occupied floor area above 190 feet shall be used exclusively for residential uses and uses accessory thereto and/or restaurant uses, (ii) the maximum height of such buildings shall be 240 feet, and (iii) the Design Controls are in effect to ensure slender towers, including a requirement that typical floors above a height of 190 feet do not exceed 12,000 square feet of gross floor area, with minor variation permitted for articulation. Consequently, the typical floors above 190 feet in the three buildings combined shall comprise no more than about 3% of the approximately 28 acre area of the Mission Rock Height and Bulk District. The height limit on all other blocks within the Mission Rock Height and Bulk District shall not exceed 190 feet or such lower height limit as may be required in accordance with the provisions of paragraphs (1) through (3) above.
(5) Maximum Area Subject to Increased Height Limit. As compared to the height limits in effect prior to the adoption of this Section 291, the height limit shall be increased on a maximum of 10 acres of the approximately 28 acre Mission Rock Height and Bulk District. The 18 acres on which the height limit is not increased shall include: (i) areas to be devoted to open space (approximately 8 acres), (ii) the circulation network for pedestrians, bicycles and vehicles (approximately 5 acres), and (iii) Pier 48 (approximately 5 acres).
(b) Height Limits. The height limits applicable to the blocks within the Mission Rock Height and Bulk District are as shown on the graphic below.

(c) Height and Bulk Measurement. Maximum building heights shall be measured from the highest point of the finished grade (as referenced in the Design Controls) along the property line, up to the highest point of the uppermost structural slab in the case of a flat roof, and up to the average height of the rise in the case of a pitched or stepped roof, or similarly sculptured roof form. Maximum Base Building heights shall be measured from the highest point of the finished grade (as referenced in the Design Controls of the finished grade (as referenced in the Design Controls)1
along the property line up to the highest point on the uppermost structural slab of the Base Building in the case of a flat roof, and the average height of the rise in the case of a pitched or stepped roof, or similarly sculptured roof form of the Base Building.
(d) Building Envelopes. Building envelopes shall consist of the Base Building and the Upper Building, as illustrated in Figure 291-MR2, Components of the Building Envelope. Upper building massing must be located within the hatched zones and stepbacks are required above Base Buildings, both as indicated on Figure 291-MR1, Maximum Height and Bulk Plan.

(e) Upper Building Tops. The tops of Upper Buildings may extend up to 20 feet vertically above the maximum permitted building height, except on Block F, where the building may extend up to 40 feet vertically above the maximum permitted building height. In both cases, the extension is allowed only for non-occupied architectural features.
(f) Rooftop Elements. The following rooftop elements may extend beyond the maximum permitted building height as specified below, provided that in no event shall the maximum height in subsection (e) be exceeded: mechanical enclosures, and sustainable infrastructure such as photovoltaic panels, windmills, fog catchers and Greenhouses (up to 20 feet in height). On the Base Building, rooftop elements must step back at a minimum ratio of 1.2 feet horizontally from the streetwall for every foot that they exceed the maximum permitted height limit. Common use structures are permitted on the Base Building up to 20 feet in height, provided that they are limited to 25% of the roof area for each Base Building. On the Upper Building, rooftop elements must be screened or enclosed within the building top. Railings, planters and visually permeable building elements no greater than 42 inches above the roof are exempt from step-back requirements.
(g) Upper Building Floorplate Reduction and Bulk Controls. For buildings taller than 160 feet, bulk floorplate reduction and controls shall be required in accordance with Figure 291-MR3 and Table 291-MR1 as follows:

Block | Primary Land Use | Upper Building Max Plan Dimension | Upper Building Max Diagonal Dimension | Height of Building Top | Upper Building Max Average Floorplate | % Reduction of Max Average Floorplate | Height of Stepback |
Block | Primary Land Use | Upper Building Max Plan Dimension | Upper Building Max Diagonal Dimension | Height of Building Top | Upper Building Max Average Floorplate | % Reduction of Max Average Floorplate | Height of Stepback |
Block A | Residential | 140 feet | 160 feet | 20 feet | 11,001 - 12,000 | 25% | Uppermost 5 floors |
11,000 square feet or less | None Required | Not Applicable | |||||
Block B | Commercial | NA | NA | 20 feet | 25,000 square feet | None Required | Not Applicable |
Block C | Commercial | NA | NA | 20 feet | 20,000 square feet | 10% | Uppermost 2 floors |
Block D | Residential | 140 feet | 160 feet | 20 feet | 12,000 square feet | None Required | Not Applicable |
Block E | Commercial | NA | NA | 20 feet | NA | None Required | Not Applicable |
Block F | Residential | 140 feet | 160 feet | 40 feet | 11,001 - 12,000 square feet | 25% | Uppermost 5 floors |
11,000 square feet or less | None Required | Not Applicable | |||||
Block G | Commercial | NA | NA | 20 feet | 20,000 square feet | 10% | Uppermost 2 floors |
Block H (flex) | If Residential | 115 feet | 150 feet | 20 feet | 10,000 square feet | None Required | Not Applicable |
If Commercial | NA | NA | 20 feet | 20,000 square feet | None Required | Not Applicable | |
Block I (flex) | If Residential | 115 feet | 150 feet | 20 feet | 10,000 square feet | None Required | Not Applicable |
If Commercial | NA | NA | 20 feet | 20,000 square feet | None Required | Not Applicable | |
Block J (flex) | If Residential | 115 feet | 150 feet | 20 feet | 10,000 square feet | None Required | Not Applicable |
If Commercial | NA | NA | 20 feet | 20,000 square feet | None Required | Not Applicable | |
Block K | Residential | 115 feet | 150 feet | 20 feet | 10,000 square feet | None Required | Not Applicable
|
AMENDMENT HISTORY
Division (a) amended and second paragraph added; first paragraph of former division (b) and graphic deleted; second paragraph of former division (b) moved to division (a) and amended; former divisions (b)(1)-(5) redesignated as (a)(1)-(5) and divisions (a)(2)-(4) amended; divisions (b)-(g) added; Figures 291-MR1, 291-MR2, and 291-MR3 added; Table 291-MR1 added; Ord. 31-18, Eff. 4/6/2018.
CODIFICATION NOTE
(a) No building permit authorizing the construction of any structure that will cast any shade or shadow upon any property under the jurisdiction of, or designated for acquisition by, the Recreation and Park Commission may be issued except upon prior action of the Planning Commission pursuant to the provisions of this Section; provided, however, that the provisions of this Section shall not apply to building permits authorizing:
(1) Structures which do not exceed 40 feet in height;
(2) Structures which cast a shade or shadow upon property under the jurisdiction of, or designated for acquisition by, the Recreation and Park Commission only during the first hour after sunrise and/or the last hour before sunset;
(3) Structures to be constructed on property under the jurisdiction of the Recreation and Park Commission for recreational and park-related purposes;
(4) Structures of the same height and in the same location as structures in place on June 6, 1984;
(5) Projects for which a building permit application has been filed and either
(i) a public hearing has been held prior to March 5, 1984 on a draft environmental impact report published by the Planning Department, or
(ii) a Negative Declaration has been published by the Planning Department prior to July 3, 1984;
(6) Projects for which a building permit application and an application for environmental evaluation have been filed prior to March 5, 1984 and which involve physical integration of new construction with rehabilitation of a building designated as historic either by the San Francisco Board of Supervisors as a historical landmark or by the State Historic Preservation Officer as a State Historic Landmark, or placed by the United States Department of the Interior on the National Register of Historic Places and which are located on sites that, but for separation by a street or alley, are adjacent to such historic building.
(b) The Planning Commission shall conduct a hearing and shall disapprove the issuance of any building permit governed by the provisions of this Section if it finds that the proposed project will have any adverse impact on the use of the property under the jurisdiction of, or designated for acquisition by, the Recreation and Park Commission because of the shading or shadowing that it will cause, unless it is determined that the impact would be insignificant. The Planning Commission shall not make the determination required by the provisions of this Subsection until the general manager of the Recreation and Park Department in consultation with the Recreation and Park Commission has had an opportunity to review and comment to the Planning Commission upon the proposed project.
(c) The Planning Commission and the Recreation and Park Commission, after a joint meeting, shall adopt criteria for the implementation of the provisions of this Section.
(d) The Zoning Administrator shall determine which applications for building permits propose structures which will cast a shade or shadow upon property under the jurisdiction of, or designated for acquisition by, the Recreation and Park Commission. As used in this Section, "property designated for acquisition by the Recreation and Park Commission" shall mean property which a majority of each of the Recreation and Park Commission and the Planning Commission, meeting jointly, with the concurrence of the Board of Supervisors, have recommended for acquisition from the Open Space Acquisition and Park Renovation Fund, which property is to be placed under the jurisdiction of the Recreation and Park Commission.
(Added Ord. 62-85, App. 1/31/85; amended by Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)
AMENDMENT HISTORY