SEC. 308. APPEALS.

   In the case of any amendment, Conditional Use or Variance action described in Sections 302 through 305 of this Code, and in the case of any order, requirement, decision or other determination (other than a Variance) made by the Zoning Administrator, the procedures for appeals shall be as described in Sections 308 through 308.2.

(Amended by Ord. 235-68, App. 8/7/68; Ord. 69-87, App. 3/13/87; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017)

SEC. 308.1. APPEALS: AMENDMENTS TO THE PLANNING CODE AND CONDITIONAL USES.

(See Interpretations related to this Section.)

   (a)   Right of Appeal. The action of the Planning Commission, in disapproving in whole or in part an amendment to the Planning Code initiated by application as described in Section 302 and Sections 306 through 306.5, or in approving or disapproving in whole or in part an application for Conditional Use authorization as described in Sections 303 and 304 and Sections 306 through 306.5, shall be transmitted to the Office of the Clerk of the Board in final and signed form within 20 business days of Commission’s action to approve or disapprove in whole or part the application, and subject to appeal to the Board of Supervisors in accordance with this Section 308.1. An action of the Commission so appealed from shall not become effective unless and until approved by the Board of Supervisors in accordance with this Section 308.1.

   (b)   Notice of Appeal. Any appeal under this Section 308.1 shall be taken by filing written notice of appeal with the Board of Supervisors no earlier than ten business days after the date of action by the Planning Commission, and no later than within 30 days after the date of action by the Planning Commission. The appeal shall be filed with the Office of the Clerk of the Board in a manner prescribed by the Clerk of the Board and in accordance with the Planning Fee Schedule. The notice of appeal shall be subscribed by either (i) the owners or Verified Tenants of at least 20% of the property affected by the proposed amendment or Conditional Use or (ii) five members of the Board of Supervisors. The signature on the appeal of members of the Board shall not be deemed to be any indication of their position on the merits of the appeal but rather shall indicate only that they believe there is sufficient public interest and concern in the matter to warrant a hearing by the Board of Supervisors. Upon receipt of a notice of appeal, the Office of the Clerk of the Board shall transmit the notice of appeal and subscribed signatures to Public Works within five business days for its determination of the 20% threshold of the property referenced above. For the purposes of this Section 308.1, the property affected, and the determination of the 20% threshold, shall be calculated by Public Works within five business days from when the Office of the Clerk of the Board requests a determination on the 20% threshold of the property referenced, as follows:

      (1)   When a proposed amendment or Conditional Use has been disapproved by the Planning Commission, the property affected shall be deemed to be all property within the area that is the subject of the application for amendment or Conditional Use, and within 300 feet of all exterior boundaries of the property that is the subject of the application;

      (2)   When a proposed Conditional Use has been approved by the Planning Commission, the property affected shall be deemed to be all property within 300 feet of all exterior boundaries of the property for which the Conditional Use has been approved by the Planning Commission, excluding the property for which the approval has been given;

      (3)   In either of the above cases, when any property is owned by the City and County of San Francisco, the United States Government or the State of California, or any department or agency thereof, or by any special district, and is located within 300 feet of the area that is the subject of the application for amendment or Con-ditional Use, such property shall be excluded in determining the property affected unless such owner shall itself be a subscriber of the notice of appeal; and

      (4)   Wherever a property is held in joint ownership, the signatures of joint owners shall be calculated as representing affected property in direct proportion to the amount of the total ownership of that property attributable to the joint owner or owners subscribing to the notice of appeal. For the purposes of this calculation, the term “joint ownership” shall include joint tenancies, interests in common, community property, partnerships, stock cooperatives, condominiums, community apartments and planned unit developments. Where each owner has exclusive rights to a portion of the property, the proportion of the total ownership attributable to that owner shall be calculated in terms of a ratio of the floor area and land area in which that owner has exclusive, joint, and common rights to the total floor area and land area of that property. Under these calculations, the land area of an affected property in joint ownership shall be given the same weight as the land area of an affected property not in joint ownership, in determining whether 20% of the property affected is represented by signatures to the notice of appeal.

      (5)   For purposes of this Section 308.1, a “Verified Tenant” is a residential or commercial tenant of a property who declares, under penalty of perjury of the laws of the State of California, that the tenant occupies the entire property or at least one separate unit on the property pursuant to a lease with a term exceeding 32 days. Each Verified Tenant who signs an appeal pursuant to this Section 308.1 must maintain proof of tenancy including either an executed lease reflecting a term of more than 32 days, or at least one of the following forms of records reflecting that the tenant has occupied the property for more than 32 consecutive days as of the date of signature: (a) state or federal income tax records, (b) department of motor vehicle records including license, registration or California identification, or (c) utility bills. A Verified Tenant who signs an appeal pursuant to this Section may be required by Public Works to provide such proof of tenancy. A “Verified Tenant” shall not include occupants of property who rent the property for less than 32 consecutive days, or for Tourist or Transient Use, or as a Short-Term Residential Rental, as those terms are defined in Section 41A.4 of the Administrative Code, but shall include tenants of all Unauthorized Units in the property.

      (6)   Where a property contains more than one rental unit, the signatures of Verified Tenants shall be calculated as representing the percentage of affected property in the same proportion of the number of rental units on the property represented by the Verified Tenants subscribing to the appeal to the total number of rental units in that property. Only one Verified Tenant for each residential or commercial rental unit shall be counted for each such unit; if more than one Verified Tenant occupying a single rental unit subscribes to the appeal, that unit will only be given the weight of a single unit in the property. Under these calculations, an affected property rented by multiple Verified Tenants shall be given the same weight as an affected property owned by a single owner or occupied by a single tenant, in determining whether 20% of the property affected is represented by signatures to the notice of appeal.

      (7)   If an owner of 100% of a tenant-occupied property and one or more Verified Tenants of the same property subscribe to the appeal, the land area of the affected property shall be given the same weight as the land area of an affected property owned by a single owner in determining whether 20% of the property affected is represented by signatures to the appeal. If a joint owner of land held in joint ownership property and one or more Verified Tenants of the same property subscribe to the appeal, the total land area of the affected property shall be calculated by adding the land areas calculated pursuant to subsections (3) through (6), above, and may total, but not exceed 100% of the land area of the property in determining whether 20% of the property affected is represented by signatures to the appeal.

   (c)   Hearing. Upon the filing of such written notice of appeal so subscribed, the Board of Supervisors or the Clerk thereof shall set a time and place for hearing such appeal, which shal1 may be not less than 21 nor more than 45 days after such filing. If there is not a Board meeting scheduled during that time, the Clerk may schedule the hearing at the next regularly scheduled Board meeting more than 50 days after the filing. The hearing may be held no more than 60 days from the date of filing, unless the parties consent to a later date as provided in subsection (f) below.

   (d)   Decision. The Board of Supervisors shall hear and decide the appeal within 90 days of the filing of the written notice of appeal, unless the parties consent to a later date as provided in subsection (f) below. The Board’s decision on the appeal is final upon adjournment of the meeting at which the hearing was held and at which the Board votes to approve or deny such appeal. Failure of the Board of Supervisors to act within such time limit shall be deemed to constitute approval by the Board of the action of the Planning Commission.

   (e)   Findings. The Board of Supervisors shall adopt findings supporting its decision to uphold or deny an appeal under this Section 308.1 within 60 days after making its decision on the appeal. Notwithstanding the foregoing sentence, failure of the Board to approve findings within the time specified will not affect the finality of the Board’s decision on the appeal.

   (f)   Continuances. Any continuance of the time periods specified in this section 308.1 shall require a written request from the party or parties seeking continuance in such form as may be provided by the Clerk of the Board for the Board of Supervisors’ consideration.

   (g)   Votes Required. In acting upon an appeal of a Planning Commission determination on a request for reclassification by an interested party, the Board of Supervisors may disapprove the action of the Planning Commission only by a vote of not less than 2/3 of all members of the Board. In acting upon any other appeal of a Planning Commission determination on a Planning Code amendment, the Board of Supervisors may disapprove the action of the Planning Commission by a majority vote of the Board. In both cases, in the event that one or more of the full membership of the Board is disqualified or excused from voting because of an interest prohibited by general law or the San Francisco Charter, any such disapproval shall be by a vote of all members of the Board that are not disqualified or excused; provided, however, that in the event that a quorum of all members of the Board is disqualified or excused from voting because of an interest prohibited by general law or the Charter, the action of the Planning Commission shall be deemed approved. In the event the Board disapproves the action of the Commission when the Commission has disapproved in whole or in part a proposed amendment, the Board shall, not later than its next regularly scheduled meeting, adopt the proposed ordinance. In the event the Board disapproves the action of the Commission when the Commission has disapproved in whole or in part a proposed conditional use, the Board shall prescribe in its motion such conditions as are in its opinion necessary to secure the objectives of this Code, in accordance with Section 303(d).

(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 321-96, App. 8/8/96; Ord. 121-01, File No. 010271, App. 6/1/2001; Ord. 277-03, File No. 031497, App. 12/12/2003; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 191-22, File No. 220130, App. 9/16/2022, Eff. 10/17/2022)

AMENDMENT HISTORY

Divisions (a) and (b)-(b)(4) amended; Ord. 129-17, Eff. 7/30/2017. Division (a) amended; Ord. 202-18, Eff. 9/10/2018.Divisions (a), (b), (b)(4) amended; divisions (b)(5)-(7), (e), and (f) added; division (c) amended as divisions (c) and (d); former division (d) redesignated as division (g); Ord. 191-22, Eff. 10/17/2022.

CODIFICATION NOTE

1.   So in Ord. 191-22.

SEC. 308.2. APPEALS: VARIANCES AND ADMINISTRATIVE ACTIONS.

   (a)   Right of Appeal. The action of the Zoning Administrator, in granting or denying a variance application as described in Section 305 and Sections 306 through 306.5, or in making any order, requirement, decision or other determination, other than a variance, shall be subject to appeal to the Board of Appeals in accordance with this Section. Such an appeal may be taken by any person aggrieved or by an officer, board or commission of the City and County. An appeal shall stay all proceedings in furtherance of the action appealed from.

   (b)   Notice of Appeal. Any appeal under this Section shall be taken by filing written notice of appeal with the Board of Appeals within 10 days after the date of the written variance decision of the Zoning Administrator or within 30 days of any other written determination of the Zoning Administrator.

   (c)   Allegations. Any notice of appeal filed pursuant to this Section shall include allegations as follows:

      (1)   A notice of appeal filed from a variance decision shall set forth the particulars wherein the application for variance is alleged to have met or to have failed to meet, as the case may be, the five requirements set forth in Section 305(c).

      (2)   A notice of appeal filed from any order, requirement, decision or other determination of the Zoning Administrator, other than a variance, shall set forth specifically wherein it is alleged that there was error in interpretation of the provisions of this Code, or abuse of discretion on the part of the Zoning Administrator.

   (d)   Hearing. The procedure and requirements for the transmittal of the record, notice of hearing, and hearing in connection with any appeal under this Section shall be as specified in Article I, Part III of the San Francisco Municipal Code.

   (e)   Decision. Upon the hearing of any appeal taken pursuant to this Section, the Board of Appeals may, subject to the same limitations as are placed upon the Zoning Administrator by Charter or by this Code, approve, disapprove or modify the decision or determination appealed from, in conformity with the following requirements:

      (1)   In the case of a variance application, the Board shall specify in its findings, as part of a written decision, facts sufficient to establish wherein the application meets or does not meet, as the case may be, the five requirements set forth in Section 305(c); and, if the five requirements are deemed to be met, the Board shall specify the character and extent of the variance, and shall also prescribe such conditions as are necessary to secure the objectives of this Code, in accordance with Section 305(d).

      (2)   In the case of any order, requirement, decision or other determination of the Zoning Administrator, other than a variance, if the determination of the Board differs from that of the Zoning Administrator, it shall, in a written decision, specify wherein there was error in interpretation of the provisions of this Code, or abuse of discretion on the part of the Zoning Administrator, and shall specify in its findings, as part of such written decision, the facts relied upon in arriving at its determination.

(Added by Ord. 235-68, App. 8/7/68; Ord. 321-96, App. 8/8/96; amended by Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024)

AMENDMENT HISTORY

Division (b) amended; Ord. 33-24, Eff. 3/23/2024.

SEC. 309. PERMIT REVIEW IN C-3 DISTRICTS.

   The provisions and procedures set forth in this Section 309 shall govern the review of project authorization and building and site permit applications for (1) the construction or substantial alteration of structures in C-3 Districts, (2) the granting of exceptions to certain requirements of this Code where the provisions of this Section are invoked, and (3) the approval of open space and streetscape requirements of the Planning Code. When any action authorized by this Section is taken, any determination with respect to the proposed project required or authorized pursuant to CEQA may also be considered. This Section shall not require additional review in connection with a site or building permit application if review hereunder was completed with respect to the same proposed structure or alteration in connection with a project authorization application pursuant to Section 322.

   (a)   Exceptions. Exceptions to the following provisions of this Code may be granted as provided in the code sections referred to below:

      (1)   Exceptions to the setback, streetwall, tower separation, and rear yard requirements as permitted in Sections 132.1 and 134;

      (2)   Exceptions to the ground-level wind current requirements as permitted in Section 148;

      (3)   Exceptions to the sunlight to public sidewalk requirement as permitted in Section 146;

      (4)   Exceptions to the limitation on curb cuts for parking access as permitted in Section 155(r);

      (5)   Exceptions to the limitations on above-grade residential accessory parking as permitted in Section 155(s);

      (6)   Exceptions to the freight loading and service vehicle space requirements as permitted in Section 161(e);

      (7)   Exceptions to the off-street tour bus loading space requirements as permitted in Section 162;

      (8)   Exceptions to the use requirements in the C-3-O(SD) Commercial Special Use Subdistrict in Section 248;

      (9)   Exceptions to the height limits for buildings taller than 550 feet in height in the S-2 Bulk District for allowance of non-occupied architectural, screening, and rooftop elements that meet the criteria of Section 260(b)(1)(M);

      (10)   Exceptions to the volumetric limitations for roof enclosures and screens as prescribed in Section 260(b)(1)(F). For existing buildings, exceptions to the volumetric limitations for roof enclosures and screens shall be granted only if all rooftop equipment that is unused or permanently out of operation is removed from the building;

      (11)   Exceptions to the height limits for vertical extensions as permitted in Section 260(b)(1)(G) and for upper tower extensions as permitted in Section 263.9;

      (12)   Exceptions to the height limits in the 80-130F and 80-130X Height and Bulk Districts as permitted in Section 263.8 and in the 200-400S Height and Bulk District as permitted in Section 263.10;

      (13)   Exceptions to the bulk requirements as permitted in Sections 270 and 272.

      (14)   Exceptions to the exposure requirements as permitted in Section 140.

      (15)   Exceptions to the usable open space requirements of Section 135.

      (16)   Exceptions to the Micro-Retail requirements as permitted in Section 249.33.

      (17)   Exceptions to the height and bulk limits for parcels within the Van Ness & Market Residential Special Use District as defined by Section 270(f)(2). In considering such exceptions, the Planning Commission shall consider the extent to which the project achieves the following: (A) sculpts the building massing to achieve an elegant and creative tower form that enhances the skyline; (B) reduces or minimizes potential impacts on winds and shadows; (C) provides ground floor uses that serve a range of income levels and enrich the social landscape of the area such as: Arts Activities, Child Care Facility, Community Facility, Public Facility, School, Social Service, priority health service or neighborhood-serving retail; and (D) maximizes housing density within the allowed envelope.

      (18)   Exceptions to the percent lot coverage requirements of Section 270.2(e)(6) for projects within the Van Ness & Market Residential Special Use District. The Planning Commission shall only grant such exceptions if the Planning Commission finds that: (A) the proposed mid-block alley and percent coverage do not negatively affect the use and purpose of the alley as a means of creating a more efficient pedestrian network, as described in subsections 270.2(a)-(b); and (B) the proposed percent coverage does not negatively impact the quality of the mid-block alley as an area of pedestrian and retail activity and public open space. An exception shall not be granted for any mid-block alley that is less than 35 percent open to the sky.

      (19)   Exceptions to the required minimum dwelling unit mix in Section 207.6 for projects within the Van Ness & Market Residential Special Use District. In considering such exceptions, the Planning Commission shall consider the following criteria:

         (A)   whether the project demonstrates a need or mission to serve unique populations; or

         (B)   whether the project site or existing building(s), if any, feature physical constraints that make it unreasonable to fulfill the requirements of Section 207.6 or subsection 309(a)(19)A.2

      (20)   Exceptions to the permitted obstructions requirements in Section 136 for projects within the Van Ness & Market Special Use District as defined by Section 270(f)(2). The Planning Commission shall only grant such an exception if it finds that the proposed obstructions assist the proposed development to meet the requirements of Section 148, or otherwise reduce wind speeds at the ground-level or at upper level open space.

   (b)   Design Review. In addition to the requirements set forth in this Code, additional design requirements and limitations (hereafter referred to as modifications) may be imposed on the following aspects of a proposed project, through the imposition of conditions, in order to achieve the objectives and policies of the General Plan or the purposes of this Code:

      (1)   Building siting, orientation, massing and facade treatment, including proportion, scale, setbacks, materials, cornice, parapet and fenestration treatment, and design of building tops;

      (2)   Aspects of the project affecting views and view corridors, shadowing of sidewalks and open spaces, openness of the street to the sky, ground-level wind current, and maintenance of predominant streetwalls in the immediate vicinity;

      (3)   Aspects of the project affecting parking, traffic circulation and transit operation and loading points;

      (4)   Aspects of the project affecting its energy consumption;

      (5)   Aspects of the project related to pedestrian activity, such as placement of entrances, street scale, visual richness, location of retail uses, and pedestrian circulation, and location and design of open space features;

      (6)   Aspects of the project affecting public spaces adjacent to the project, such as the location and type of street trees and landscaping, sidewalk paving material, and the design and location of street furniture as required by Section 138.1;

      (7)   Aspects of the project relating to quality of the living environment of residential units, including housing unit size and the provisions of open space for residents;

      (8)   Aspects of the design of the project which have significant adverse environmental consequences;

      (9)   Aspects of the project that affect its compliance with the provisions of Sections 1109(c), 1111.2(c), 1111.6(c), and 1113 regarding new construction and alterations in conservation districts;

      (10)   Other aspects of the project for which modifications are justified because of its unique or unusual location, environment, topography or other circumstances.

   (c)   Application Process for 309 Review. Review subject to this Section will be triggered by submittal of a Section 309 Application or submittal of a building or site permit.

   (d)   Hearing and Determination of Applications for Exceptions. 

      (1)   Hearing. The Planning Commission shall hold a public hearing on a Section 309 application if:

         (A)   The project includes the construction of a new building greater than 120 feet in height (excluding any exceptions permitted per Section 260(b)), or includes a vertical addition to an existing building with a height of 120 feet or less resulting in a total building height greater than 120 feet; or

         (B)   The project would require an exception as provided in Subsection 309(a); provided that the hearing requirements of this Section 309 shall not apply to Commercial to Residential Adaptive Reuse projects seeking exceptions or modifications pursuant to Section 210.5(d).

      (2)   Notice of Hearing. Notice of such hearing shall be conducted pursuant to the provisions of Section 333 of this Code.

      (3)   Decision and Appeal. The Planning Commission may, after public hearing and after making appropriate findings, approve, disapprove or approve subject to conditions, the application for an exception. The decision of the Planning Commission may be appealed to the Board of Appeals by any person aggrieved within 15 days after the date of the decision by filing a written notice of appeal with that Body, setting forth wherein it is alleged that there was an error in the interpretation of the provisions of this Code or abuse of discretion on the part of the Planning Commission.

      (4)   Decision on Appeal. Upon the hearing of an appeal, the Board of Appeals may approve, disapprove or modify the decision appealed from. If the determination of the Board differs from that of the Commission it shall, in a written decision, specify the error in interpretation or abuse of discretion on the part of the Commission and shall specify in the findings, as part of the written decision, the facts relied upon in arriving at its determination.

   ()1    

   (e)   Imposition of Conditions, General. If, pursuant to the provisions of this Section 309, the Planning Commission determines that conditions should be imposed on the approval of a building or site permit application or Section 309 application, and the applicant agrees to comply, the Planning Commission may approve the application subject to those conditions, and if the applicant refuses to so agree, the Planning Commission may disapprove the application.

   (f)   Change of Conditions. Authorization of a change in any condition previously imposed pursuant to this Section 309 shall require an application for a change in conditions, which application shall be subject to the procedures set forth in this Section.

   (g)   An approval action in accordance with this Section 309 shall constitute the City’s decision to approve the project for purposes of Administrative Code Chapter 31.

(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 79-87, App. 3/20/87; Ord. 255-88, App. 6/22/88; Ord. 314-95, App. 10/6/95; Ord. 129-06, File No, 060372, App. 6/22/2006; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 232-14 , File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. 102-16 , File No. 160346, App. 6/24/2016, Eff. 7/24/2016; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018; Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 122-23, File No. 230371, App. 7/5/2023, Eff. 8/5/2023; Ord. 159-23, File No. 230732, App. 7/28/2023, Eff. 8/28/2023; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024)

AMENDMENT HISTORY

Undesignated introductory material and divisions (a)-(i) amended; Ord. 140-11, Eff. 8/4/2011. Division (a)(1) amended; new [now former] divisions (a)(9) and (a)(10) added and former divisions (a)(9)-(a)(11) redesignated as [now former] (a)(11)-(a)(13); division (k) added; Ord. 182-12 , Eff. 9/7/2012. [Former] division (a)(7) and division (b) amended; Ord. 56-13 , Eff. 4/27/2013. Former division (a)(4) deleted and former divisions (a)(5)-(13) redesignated as (a)(4)-(12); [now former] divisions (a)(10) and (11) amended; Ord. 232-14 , Eff. 12/26/2014. Division (a)(6) amended; new division (a)(10) added and former divisions (a)(10)-(12) redesignated as (a)(11)-(13); Ord. 102-16 , Eff. 7/24/2016. Divisions (a)(14)-(15) added; divisions (d), (e)(1), (e)(2), and (e)(4) amended; divisions (e)(1)(A)-(C) added; divisions (f)-(f)(3) deleted and former divisions (g)- (g)(3) redesignated as (f)-(f)(3) and (f)(1)-(2) amended; division (h) deleted; Ord. 179-18, Eff. 8/27/2018. Divisions (a)(16)-(20) added; Ord. 126-20, Eff. 8/31/2020. Division (a)(17) amended; Ord. 111-21, Eff. 9/4/2021. Divisions (a)(6) and (a)(19)(B) amended; Ord. 136-21, Eff. 9/4/2021. Undesignated introductory paragraph amended; divisions (d), (e)(1)(A), and (f)(1)-(3) deleted; divisions (e), (e)(1)(B)-(C), and (i)-(k) redesignated as (d), (d)(1)(A)-(B), and (e)-(g) and amended; Ord. 122-23, Eff. 8/5/2023, and Ord. 159-23, Eff. 8/28/2023. Divisions (a)(1) and (14) amended; Ord. 33-24, Eff. 3/23/2024.

CODIFICATION NOTES

1.   So in Ord. 122-23 and Ord. 159-23.

2.   So in Ord. 136-21.

SEC. 309.1. PERMIT REVIEW IN DOWNTOWN RESIDENTIAL DISTRICTS.

   The provisions and procedures set forth in this Section 309.1 shall govern the review of project authorization and building and site permit applications for the construction or substantial alteration of structures in Downtown Residential districts, the granting of exceptions to requirements of this Code, and the imposition of modifications necessary to achieve the objectives and policies of the General Plan and the purposes of this Code as provided for in Section 825 and elsewhere. When any action authorized by this Section is taken, any determination with respect to the proposed project required or authorized pursuant to CEQA may also be considered.

   (a)   Design Review. 

      (1)   In addition to the standard permit review process, the design of projects greater than 50,000 gross square feet or 85 feet in height shall be subject to design review and approval by Department staff. A detailed design review will be initiated by Department staff working with the project sponsor, at the time an application for 309.1 review or building permit is filed, and may take place in advance of filing a building permit application. This comprehensive review shall resolve issues related to the project's design, including the following:

         (A)   Overall building massing and scale;

         (B)   Architectural treatments, facade design and building materials;

         (C)   The design of lower floors, including building setback areas, townhouses, entries and parking and loading access;

         (D)   On sloping sites, parking provided above ground pursuant to Section 825(b)(5)(A);

         (E)   The provision of required open space, both on- and off-site;

         (F)   Streetscape and other public improvements, including tree planting, street furniture, and lighting;

         (G)   Circulation, including streets, alleys and mid-block pedestrian pathways;

         (H)   Other changes necessary to bring a project into conformance with the applicable elements and area plans of the General Plan.

      (2)   If the project sponsor opposes project modifications and conditions recommended by the Director of Planning pursuant to the design review, the Director shall prepare a report of recommended modifications which shall be presented to the Planning Commission for a hearing pursuant to Subsection (e) and which shall be available to the public upon mail notification of said hearing.

   (b)   Exceptions. 

      (1)   Exceptions to the following provisions of this Code may be granted as provided for below:

         (A)   Exceptions to the tower separation requirements of Section 270(e), pursuant to the criteria described in Sections 270(e)(3), 270(e)(4) and 270(e)(5).

         (B)   Provision for exceeding an accessory residential parking ratio principally permitted and up to the maximum permitted by Table 151.1.

         (C)   Exceptions to the lot coverage requirements of Section 825(b)(2) for conversions of existing non-residential structures to residential use.

         (D)   Reductions in the dwelling unit exposure requirements of Section 140.

         (E)   Allowing parking access from Folsom Street, pursuant to 827(a)(8)(A)(ii) and 155(r).

         (F)   Reduction of required on-site residential open space of 36 square feet per unit described in Section 827(a)(9) to create additional off-site publicly-accessible open space and superior building design.

         (G)   Design, location, and size of publicly-accessible open space as allowed by Section 827(a)(9) and equivalence of proposed publicly-accessible open space in size and quality with required on-site open space.

         (H)   Modifications to the required upper story setback above a height of 45 feet on the north side of mid-block pedestrian pathways as allowed in Section 827(a)(5)(C)(i).

         (I)   On development lots larger than ½-acre, minor deviations from the provisions for measurement of height in Sections 260 of the Code as otherwise provided in Section 304(d)(6), in cases where the Planning Commission finds that such minor measurement modification is necessary for a project of outstanding overall design, complementary to the design of the surrounding area, and necessary to meet the intent and policies of the relevant area plan of the General Plan.

   (c)   Hearing and Determination on Design Modifications and Applications for Exceptions. 

      (1)   Hearing. The Planning Commission shall hold a public hearing for all projects proposing construction of a new building greater than 120 feet in height or a vertical addition to an existing building with a height of 120 feet or less resulting in a total building height greater than 120 feet, and for applications that require exceptions as provided in subsection (b).

      (2)   Notice of Hearing. Notice of such hearing shall be mailed not less than 10 days prior to the date of the hearing to the project applicant, to property owners within 300 feet of the project that is the subject of the application, using for this purpose the names and addresses as shown on the citywide Assessment Roll in the Assessor's Office, and to any person who has requested such notice. Such notice shall also be published at least once in an official newspaper of general circulation at least 10 days prior to the date of the hearing. The notice shall state that the written recommendation of the Director of Planning regarding design modifications to the project and regarding any requests for exceptions is available for public review at the office of the Planning Department.

      (3)   Director's Recommendations on Modifications and Exceptions. At the hearing, the Director of Planning shall review for the Commission key urban design issues related to the project based on the design review pursuant to Subsection (a) and recommend to the Commission modifications to the project and conditions for approval as necessary. The Director shall also make recommendations to the Commission on any proposed exceptions pursuant to Subsection (b).

      (4)   Decision and Imposition of Conditions. The Commission may, after public hearing and, after making appropriate findings, approve, disapprove or approve subject to conditions, the project and any applications for exception. In addition to the requirements set forth in this Code, additional requirements, modifications, and limitations may be imposed on a proposed project, through the imposition of conditions, in order to achieve the objectives and policies of the General Plan or the purposes of this Code, including any modifications recommended by the Planning Director arising from design review. If pursuant to the provisions of this Section, the Planning Commission determines that conditions should be imposed on the approval of a building or site permit application or an application for exceptions to conform the building to the standards and intent of the Rincon Hill Plan and other elements of the General Plan and the applicant agrees to comply, the Commission may approve the application subject to those conditions.

      (5)   Appeal. The decision of the Planning Commission on the granting of any exceptions pursuant to Subsection (b) may be appealed to the Board of Appeals by any person aggrieved within 15 days after the date of the decision by filing a written notice of appeal with that body, setting forth wherein it is alleged that there was an error in the interpretation of the provisions of this Code or abuse of discretion on the part of the Planning Commission.

      (6)   Decision on Appeal. Upon the hearing of an appeal, the Board of Appeals may, subject to the same limitations as are placed on the Planning Commission by Charter or by this Code, approve, disapprove or modify the decision appealed from the Planning Commission. If the determination of the Board differs from that of the Commission it shall, in a written decision, specify the error in interpretation or abuse of discretion on the part of the Commission and shall specify in the findings, as part of the written decision, the facts relied upon in arriving at its determination.

      (7)   Discretionary Review. No requests for discretionary review, other than through the procedures set forth in this Subsection, shall be accepted by the Planning Department or heard by the Planning Commission for permits in a DTR district.

   (d)   Change of Conditions. Authorization of a change in any condition previously imposed pursuant to this Section shall require an application for a change in conditions, which application shall be subject to the procedures set forth in this Section.

   (e)   Unbuilt Tower Projects; Progress Requirement and Approval Revocation. 

      (1)   Construction of any development in an "R" bulk district containing a building taller than 110 feet (herein referred to as a "tower project") shall commence within 24 months of the date the tower project is first approved by the Planning Commission or Board of Appeals pursuant to the provisions of this Section. For tower projects that contain more than one tower structure, each tower structure shall be considered as a separate phase of development, with a requirement for commencement of construction for each subsequent tower phase of 18 months beginning after the Certificate of Final Completion and Occupancy is issued on the previous tower phase. Failure to begin construction work within that period, or thereafter to carry the development diligently to completion, shall be grounds for the Planning Commission to revoke approval of the tower project or phase. Neither the Department of Public Works nor the Board of Appeals shall grant any extension of time inconsistent with the requirements of this Subsection (e)(1). For the purposes of this Subsection, "carry the development diligently to completion" shall mean continuous construction work without significant stoppage toward the completion of a tower structure beyond any site clearance, grading, excavation, or demolition of existing buildings on the project site.

      (2)   The Department of Building Inspection shall notify the Planning Department in writing of its approval for issuance and issuance of a site or building permit for any tower project and of the revocation, cancellation, or expiration of any such permit.

      (3)   At the first regularly scheduled Planning Commission meeting after the time period described in Subsection (e)(1) or this Subsection (e)(3) has elapsed for any tower project or tower phase, the Planning Commission shall hold a hearing requiring the tower project sponsor to report on the construction progress of the subject tower project or phase. If the Commission finds that the tower project or phase does not meet the progress requirement of Subsection (e)(1), the Commission may revoke or extend, up to a maximum of 12 months for each extension, the approvals for the tower project or phase.

      (4)   Appeals of Planning Commission decisions pursuant to this Subsection (e) shall be conducted pursuant to the procedures of Subsections (c)(5) and (c)(6).

(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; amended by Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 142-09, File No. 090392, App. 7/2/2009; Ord. 176-12 , File No. 120472, App. 8/7/2012, Eff. 9/6/2012; Ord. 217-15 , File No. 151063, App. 12/16/2015, Eff. 1/15/2016; Ord. 122-23, File No. 230371, App. 7/5/2023, Eff. 8/5/2023; Ord. 159-23, File No. 230732, App. 7/28/2023, Eff. 8/28/2023)

AMENDMENT HISTORY

Divisions (a)(1)(H) and (b)(1)(B) amended; cross references corrected throughout; Ord. 176-12 , Eff. 9/6/2012. Division (b)(1)(A) amended; Ord. 217-15 , Eff. 1/15/2016. Undesignated introductory paragraph and division (c)(1) amended; Ord. 122-23, Eff. 8/5/2023, and Ord. 159-23, Eff. 8/28/2023.