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.

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   (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.