SAN FRANCISCO PLANNING CODE
(a) In order to carry out further the purposes of this Code, height and bulk districts are hereby established, subject to the provisions of this Article 2.5.
(b) No building or structure or part thereof shall be permitted to exceed, except as stated in Sections 172 and 188 of this Code, the height and bulk limits set forth in this Article for the district in which it is located, including the height limits for use districts set forth in Section 261.
(c) The establishment of these height and bulk districts and the repeal and replacement of special height districts or height limits previously in effect in the City shall in no way be deemed to confer legal noncomplying status upon any building or structure constructed, reconstructed, enlarged, altered or relocated in violation of the height districts or limits previously in effect.
(d) In the case of any apparent inconsistency among requirements of this Code applicable to the same property or development, including but not limited to standards for height, bulk, floor area ratio, setbacks, yards, usable open space and dwelling unit density, the most restrictive of such requirements shall prevail.
(e) The provision of this Article 2.5 shall apply to all properties and developments, both public and private, including those of the City and County of San Francisco.
(f) The requirements of height and bulk districts established by this Article 2.5 shall not apply to buildings and structures on sites for which a redeveloper had been formally selected by the Redevelopment Agency of the City prior to August 26, 1971, for development in a Redevelopment Project Area in accordance with an agreement that specifically committed the City to a height or bulk configuration not consistent with the provisions of this Article for height and bulk districts. (Amended by Ord. 443-78, App. 10/6/78)
In addition to the purposes of this Code as stated in Section 101, these height and bulk districts are established for further purposes of implementing the Urban Design element and other elements of the Master Plan, according to the objectives, principles and policies stated therein. Among these purposes are the following:
(a) Relating of the height of buildings to important attributes of the City pattern and to the height and character of existing development;
(b) Relating of the bulk of buildings to the prevailing scale of development to avoid an overwhelming or dominating appearance in new construction;
(c) Promotion of building forms that will respect and improve the integrity of open spaces and other public areas;
(d) Promotion of harmony in the visual relationships and transitions between new and older buildings;
(e) Protection and improvement of important City resources and of the neighborhood environment;
(f) Conservation of natural areas and other open spaces; and
(g) Direction of new development to locations that are appropriate in terms of land use and transportation. (Amended by Ord. 234-72, App. 8/18/72)
The City is hereby divided into classes of height and bulk districts as indicated on the Zoning Map and in this Article 2.5. The original of the sectional maps establishing said districts is on file with the Clerk of the Board of Supervisors under File No. 362-72-2. The height limits for each such district are specified on said map by numerical designations in feet, and the bulk limits are designated thereon by letter symbols referring to the limitations upon the plan dimensions of buildings and structures set forth in Section 270 of this Code. (Amended by Ord. 234-72, App. 8/18/72)
Special height limits are provided for the Dolores Heights Special Use District, set forth in Section 241, and the Bernal Heights Special Use District, set forth in Section 242 of this Code. Special height limits may be provided for residential character districts as set forth in Section 244 of this Code and shown on the Zoning Map. (Added by Ord. 32-91, 1/25/91; amended by Ord. 32-96, App. 1/11/96)
(a) Notwithstanding any other provision of this Code to the contrary, in any R District established by the use district provisions of Article 2 of this Code, wherever a height limit of more than 40 feet is prescribed by the height and bulk district in which the property is located, any building or structure exceeding 40 feet in height 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.
(b) In reviewing any such proposal for a building or structure exceeding 40 feet in height, the City Planning Commission shall consider the expressed purposes of this Code, of the R Districts, and of the height and bulk districts, set forth in Sections 101, 206 through 206.3 and 251 hereof, as well as the criteria stated in Section 303(c) of this Code and the objectives, policies and principles of the Master Plan, and may permit a height of such building or structure up to but not exceeding the height limit prescribed by the height and bulk district in which the property is located. (Added by Ord. 443-78, App. 10/6/78)
(a) In the 65-A-1 Height and Bulk District, as designated on Sectional Map 1H of the Zoning Map, any new or expanding building or structure exceeding 40 feet in height shall be permitted as a conditional use only upon approval by the City Planning Commission according to the provisions in Sections 316 through 316.8 of this Code. The height of the building or structure so approved by the City Planning Commission shall not exceed 65 feet.
(b) In authorizing any such proposal for a building or structure exceeding 40 feet in height, the City Planning Commission shall find that in addition to the criteria of Section 303(c), that the proposal is consistent with the expressed purposes of this Code, of the Broadway Neighborhood Commercial District, and of the height and bulk districts, set forth in Sections 101, 714.1, 722.1, and 251 hereof and that the following criteria area met:
(1) The height of the new or expanding development will be compatible with the individual neighborhood character and the height and scale of the adjacent buildings.
(2) When the height of the new or expanding development exceeds twice the existing height of adjacent buildings, transitions will be provided between the taller and shorter buildings.
(3) The height and bulk of the new or expanding development will be designed to allow maximum sun access to nearby parks, plazas, and major pedestrian corridors. (Added by Ord. 131-87, App. 4/24/87; amended by Ord. 20-88, App. 1/21/88)
(a) Setbacks. In the Van Ness Special Use District, as designated on Sectional Map 2SU of the Zoning Map, any new construction exceeding 40 feet in height or any alteration that would cause a structure to exceed 40 feet in height shall be permitted only as a conditional use upon approval by the City Planning Commission according to Section 303 of this Code. When acting on any conditional use application pursuant to this Section, the City Planning Commission may impose the following requirements in addition to any others deemed appropriate:
(1) On Van Ness Avenue. The City Planning Commission may require a setback of up to 20 feet at a height of 50 feet or above for all or portions of a building if it determines that this requirement is necessary in order to maintain the continuity of the prevailing street wall height established by the existing buildings along Van Ness Avenue within two blocks of the proposed building.
(2) On Pine, Sacramento, Clay, Washington and California Streets. The City Planning Commission may require a setback of up to 15 feet for all or a portion of a building on any lot abutting Pine, Sacramento, Clay, California and Washington Streets which lot is located within the Van Ness Special Use District in order to preserve the existing view corridors. (Added by Ord. 537-88, App. 12/16/88)
(a) In the 26-40-X Height and Bulk District, as designated on Sectional Map 13H of the Zoning Map, any new or expanding building or structure exceeding 26 feet in height shall be permitted as a conditional use only upon approval by the City Planning Commission according to the provisions in Section 316 through 316.8 of this Code. The height of any building or structure so approved by the City Planning Commission shall not exceed 40 feet.
(b) In authorizing any such proposal for a building or structure exceeding 26 feet in height, the City Planning Commission shall find that, in addition to the criteria of Section 303(c), the proposal is consistent with the expressed purposes of this Code, the NC-S District, the Lakeshore Plaza Special Use District, and the height and bulk districts as set forth respectively in Sections 101, 713.1, 780.1 and 251 hereof. (Added by Ord. 42-89, App. 2/8/89)
In the Chinatown Community Business District, the Chinatown Visitor Retail District and the Chinatown Residential Neighborhood Commercial Districts established by the use provisions of Articles 2 and 8 of this Code, in order to insure consideration of sun access on adjacent public sidewalk as specified in Section 132.3, whenever a height limit of more than 35 feet is prescribed by the Height and Bulk District in which the property is located, any building or structure exceeding 35 feet shall be permitted only upon approval of a conditional use by the City Planning Commission, according to procedures for conditional use approval in Section 303 of this Code. (Added by Ord. 131-87, App. 4/24/87)
(a) Method of Measurement. The limits upon the height of buildings and structures shall be as specified on the Zoning Map. In the measurement of height for purposes of such limits, the following rules shall be applicable:
(1) The point above which such measurements shall be taken shall be as specified in the definition of “height” in this Code.
(2) The upper point to which such measurement shall be taken shall be the highest point on the finished roof 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, or any higher point of a feature not exempted under Subsection (b) below.
(3) In cases where the height limit is 65 feet or less and a street from which height measurements are made slopes laterally along the lot, or the ground slopes laterally on a lot that also slopes upward from the street, there shall be a maximum width for the portion of the building or structure that may be measured from a single point at curb or ground level, according to the definition of “height,” as specified in the following table. These requirements shall not apply to any property to which the bulk limitations in Section 270 of this Code are applicable.
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TABLE 260 |
|
|
Average Slope of Curb or Ground From Which Height is Measured |
Maximum Width for Portion of Building that May Be Measured from a Single Point |
|
5 percent or less |
No requirement |
|
More than 5 percent but no more than 15 percent |
65 feet |
|
More than 15 percent but no more than 20 percent |
55 feet |
|
More than 20 percent but no more than 25 percent |
45 feet |
|
More than 25 percent |
35 feet |
(b) Exemptions. In addition to other height exceptions permitted by this Code, the features listed in this Subsection shall be exempt from the height limits established by this Code, in an amount up to but not exceeding that which is specified.
(1) The following features shall be exempt; provided the limitations indicated for each are observed; provided further that the sum of the horizontal areas of all features listed in this Paragraph (b)(1) shall not exceed 20 percent of the horizontal area of the roof above which they are situated, or, in C-3 Districts, and in the Rincon Hill Special Use District, where the top of the building has been separated into a number of stepped elements to reduce the bulk of the upper tower, of the total of all roof areas of the upper towers; and provided further that in any R, RC-1, RC-2, RC-3 or RC-4 District the sum of the horizontal areas of all such features located within the first 10 feet of depth of the building, as measured from the front wall of the building, shall not exceed 20 percent of the horizontal area of the roof in such first 10 feet of depth.
As an alternative, the sum of the horizontal areas of all features listed in this Paragraph (b)(1) may be equal but not exceed 20 percent of the horizontal area permitted for buildings and structures under any bulk limitations in Section 270 of this Code applicable to the subject property.
Any such sum of 20 percent heretofore described may be increased to 30 percent by unroofed screening designed either to obscure the features listed under (A) and (B) below or to provide a more balanced and graceful silhouette for the top of the building or structure.
(A) Mechanical equipment and appurtenances necessary to the operation or maintenance of the building or structure itself, including chimneys, ventilators, plumbing vent stacks, cooling towers, water tanks, panels or devices for the collection of solar or wind energy and window-washing equipment, together with visual screening for any such features. This exemption shall be limited to the top 10 feet of such features where the height limit is 65 feet or less, and the top 16 feet of such features where the height limit is more than 65 feet.
(B) Elevator, stair and mechanical penthouses, fire towers, skylights and dormer windows. This exemption shall be limited to the top 10 feet of such features where the height limit is 65 feet or less, and the top 16 feet of such features where the height limit is more than 65 feet.
(C) Stage and scenery lofts.
(D) Ornamental and symbolic features of public and religious buildings and structures, including towers, spires, cupolas, belfries and domes, where such features are not used for human occupancy.
(E) In any C-3 District, enclosed space related to the recreational use of the roof, not to exceed 16 feet in height.
(F) In any C-3 or South of Market District, additional building volume used to enclose or screen from view the features listed under Subsections (b)(1)(A) and (B) above. The rooftop form created by the added volume shall not be subject to the percentage coverage limitations otherwise applicable to this subsection but shall meet the requirements of Section 141 and shall not exceed 20 feet in height, measured as provided in Subsection (a) above, and may not exceed a total volume, including the volume of the features being enclosed, equal to ¾ of the horizontal area of all upper tower roof areas of the building measured before the addition of any exempt features times 20.
(G) In any C-3 District, vertical extensions to buildings, such as spires, which enhance the visual appearance of the structure and are not used for human occupancy may be allowed, pursuant to the provisions of Section 309, up to 75 feet above the height otherwise allowed. The extension shall not be subject to the percentage coverage limitations otherwise applicable to this subsection, provided that the extension is less than 100 square feet in cross-section and 18 feet in diagonal dimension.
(H) In the Rincon Hill Special Use District, enclosed space related to the recreational use of the roof, not to exceed 16 feet in height.
(I) In the Rincon Hill Special Use District, additional building volume used to enclose or screen from view the features listed under Subsections (b)(1)(A) and (b)(1)(B) above. The rooftop form created by the added volume shall not be subject to the percentage coverage limitations otherwise applicable to this subsection but shall meet the requirements of Section 141 and shall not exceed 20 feet in height, measured as provided in Subsection (a) above, and may not exceed a total volume, including the volume of the features being enclosed, equal to ¾ of the horizontal area of all upper tower roof areas of the building measured times 20.
(J) In the Van Ness Special Use District, additional building volume used to enclose or screen from view the features listed under Subsections (b)(1)(A) and (b)(1)(B) above and to provide additional visual interest to the roof of the structure. The rooftop form created by the added volume shall not be subject to the percentage coverage limitations otherwise applicable to this Subsection, but shall meet the requirements of Section 141 and shall not exceed 10 feet in height where the height limit is 65 feet or less or 16 feet where the height limit is more than 65 feet, measured as provided in Subsection (a) above, and may not exceed a total volume, including the volume of the features being enclosed, equal to ¾ of the horizontal area of all upper tower roof areas of the building measured before the addition of any exempt features times 10 where the height limit is 65 feet or less or times 16 where the height limit is more than 65 feet.
(K) In the Northeast China Basin Special Use District, light standards for the purpose of lighting the ballpark.
(L) In the Candlestick Point Special Use District, light standards for the purpose of the lighting the stadium, scoreboards associated with the stadium, and flagpoles and other ornamentation associated with the stadium.
(2) The following features shall be exempt, without regard to their horizontal area, provided the limitations indicated for each are observed:
(A) Railings, parapets and catwalks, with a maximum height of four feet.
(B) Open railings, catwalks and fire escapes required by law, wherever situated.
(C) Unroofed recreation facilities with open fencing, including tennis and basketball courts at roof level, swimming pools with a maximum height of four feet and play equipment with a maximum height of 10 feet.
(D) Unenclosed seating areas limited to tables, chairs and benches, and related windscreens, lattices and sunshades with a maximum height of 10 feet.
(E) Landscaping, with a maximum height of four feet for all features other than plant materials.
(F) Short-term parking of passenger automobiles, without additional structures or equipment other than trellises or similar overhead screening for such automobiles with a maximum height of eight feet.
(G) Amusement parks, carnivals and circuses, where otherwise permitted as temporary uses.
(H) Flagpoles and flags, clothes poles and clotheslines, and weathervanes.
(I) Radio and television antennae where permitted as accessory uses and towers and antennae for transmission, reception, or relay of radio, television or other electronic signals, where permitted as principal or conditional uses, subject to the limitations of Subsections 227(h) and (i) of this Code and limitations imposed by the City Planning Commission.
(J) Warning and navigation signals and beacons, light standards and similar devices, not including any sign regulated by this Code.
(K) Public monuments owned by government agencies.
(L) Cranes, scaffolding and batch plants erected temporarily at active construction sites.
(M) Structures and equipment necessary for the operation of industrial plants, transportation facilities, public utilities and government installations, where otherwise permitted by this Code and where such structures and equipment do not contain separate floors, not including towers and antennae for trans-mission, reception, or relay of radio, television, or other electronic signals where permitted as principal or conditional uses by this Code.
(N) Buildings, structures and equipment of the San Francisco Port Commission, where not subject to this Code due to provisions of the San Francisco Charter or State law.
(O) Additional building height, up to a height of five feet above the otherwise applicable height limit, where the uppermost floor of the building is to be occupied solely by live/work units located within a South of Market District.
(P) Enclosed recreational facilities up to a height of 10 feet above the otherwise applicable height limit when located within both an SSO District and a 65-U height and bulk district and when authorized by the City Planning Commission as a conditional use pursuant to Sections 303 and 316 of this Code, provided that the project is designed in such a way as to reduce the apparent mass of the structure above a base 50 foot building height.
(Q) Historic signs within an historic sign district permitted pursuant to Sections 302, 303 and 608.14 of this Code. (Amended by Ord. 414-85, App. 9/17/85; Ord. 532-85, App. 12/4/85; Ord. 537-88, App. 12/16/88; Ord. 115-90, App. 4/6/90; Proposition B, 3/26/96; Proposition F, 6/3/97; Ord. 276-98, App. 8/28/98)
(a) General. Notwithstanding any other height limit established by this Article 2.5 to the contrary, the height of dwellings in certain use districts established by Article 2 of this Code shall be further limited by this Section 261. The measurement of such height shall be as prescribed by Section 260.
(b) Height Limits Applicable to the Entire Property.
(1) No portion of a dwelling in any RH-1(D), RH-1 or RH-1(S) District shall exceed a height of 35 feet, except that:
(A) The permitted height shall be increased to 40 feet where the average ground elevation at the rear line of the lot is higher by 20 or more feet than at the front line thereof;
(B) The permitted height shall be reduced to 30 feet where the
average ground elevation at the rear line of the lot is lower by 20 or
more feet than at the front line thereof; and
(C) The permitted height shall be reduced to 25 feet where the average ground elevation at the rear line of the lot is lower by 40 or more feet than at the front line thereof.
(2) No portion of a dwelling in any RH-2 District shall exceed a height of 40 feet, except that the permitted height shall be reduced to 35 feet where the average ground elevation at the rear line of the lot is lower by 20 or more feet than at the front line thereof.
(c) Height Limits Applicable to Front Portion of the Property. Except in cases where the average ground elevation at the rear line of the lot is higher by 20 or more feet than at the front line thereof, the following additional height limits shall apply to the front portion of properties containing dwellings in all RH-1(D), RH-1, RH-1(S) and RH-2 Districts:
(1) Basic Requirement. The height limit shall be 30 feet at the front lot line or, where the lot is subject to a legislated setback line or required front setback as described in Section 131 or Section 132 of this Code, then at such setback; and shall increase at an angle of 45 degrees from the horizontal toward the rear of the lot until the height limit prescribed by Subsection (b) above is reached.
(2) Increase Based Upon Conditions on Adjacent Lots. At the front wall of the building, and at every vertical cross-section of the building, parallel to the front lot line, to which the limit prescribed by Paragraph (c)(1) above is applicable, said limit shall be increased to the average of the heights of the two adjacent buildings measured in the same vertical plane; or, if there is only one adjacent building, then to the height of the one adjacent building measured in the same vertical plane. For purposes of this pro-vision, an adjacent building shall mean a building on a lot adjoining the subject lot along a side lot line. (Amended by Ord. 443-78, App. 10/6/78)
(a) The height limits established by this Article 2.5 shall apply to all signs regulated by this Code, except those identified as historic signs within an historic sign district pursuant to Sections 302, 303 and 608.14 of this Code. No sign shall be erected, placed, replaced, reconstructed or relocated except in conformity with the provisions of this Article, whether such sign is freestanding or attached to a building or structure.
(b) The height of signs is also regulated by Article 6 of this Code, and in each case the most restrictive of the applicable height limitations shall prevail, except for historic signs within historic sign districts which are exempt from height limits pursuant to Section 260 of this Code. (Amended by Ord. 234-72, App. 8/18/72; Ord. 276-98, App. 8/28/98)
In the height and bulk districts indicated in the following Sections, buildings and structures exceeding the prescribed height limits may be approved by the Planning Commission according to the procedures for conditional use approval in Section 303 of this Code; provided, however, that such exceptions may be permitted only in the areas specified and only to the extent stated in each Section. (Amended by Ord. 234-22, App. 8/18/72; Ord. 15-98, App. 1/16/98)
(a) In the 65-D-2 Height and Bulk District, as designated on Sectional Map No. 1H of the Zoning Map, height exceptions may be approved by the Planning Commission in appropriate cases, up to but not to exceed a height of 200 feet.
(b) In acting upon any application under this Section, the Planning Commission shall consider the following criteria in addition to those stated in Section 303(c):
(1) The siting of buildings or structures so as to produce a stepping down of height from the Down-town Office District to the area known as Jackson Square;
(2) Avoidance of excessive bulk, intrusiveness or a continuous wall of buildings that would adversely affect views, penetration of sunlight or pedestrian amenity in Jackson Square or in any other area; and
(3) Respect for the historical and architectural character and special scale of Jackson Street. (Added by Ord. 234-72, App. 8/18/72)
(a) In the 84-X-1 Height and Bulk District as designated on Sectional Map No. 1H of the Zoning Map, height exceptions may be approved by the Planning Commission in appropriate cases as provided herein. The purpose of providing for such exceptions is to encourage greater flexibility in project design and a gradual stepping down of the height of buildings from The Embarcadero toward the Bay. As used in this Section, a “project area” shall be defined as the area between the north or east curbline of The Embarcadero (generally 60 feet inland from the water-front line) and the Pier Head Line, with boundaries as set by the Port Commission in any agreement entered into with a developer.
(b) Such height exceptions may be permitted, provided that:
(1) The height of the building or structure so approved by the Planning Commission shall not exceed 125 feet; and
(2) Within this 125-foot maximum, there shall be a limitation on permitted building volume located above the basic height limit of 84 feet, calculated as the product of 41 feet (the difference between 125 feet and 84 feet) and 15 percent of the project area. For purposes of the foregoing calculation only, the project area may include part or all of the adjacent 65-D-1 Height and Bulk District as well as part or all of the 84-X-1 Height and Bulk District.
(c) In acting upon any application under this Section, the Planning Commission shall consider the following criteria in addition to those stated in Section 303(c):
(1) The development criteria for the Waterfront Special Use District No. 1, as set forth in Section 240.1; and
(2) The siting of buildings or structures so that higher elements are located nearest The Embarcadero and lower elements outward from the Embarcadero toward the Bay, with a gradual stepping down in height.
(d) No exception from the height limit shall be permitted in the 65-D-1 Height and Bulk District. (Added by Ord. 234-72, App. 8/18/72; amended by Ord. 15-98, App. 1/16/98)
(a) In the 84-X-2 Height and Bulk District as designated on Sectional Map No. 1H of the Zoning Map, height exceptions may be approved by the Planning Commission in appropriate cases as provided herein. The purpose of providing for such exceptions is to encourage greater flexibility in project design. As used in this Section, a “project area” shall be defined as the area between the north or east curbline of The Embarcadero (generally 60 feet inland from the waterfront line) and the Pier Head Line with boundaries as set by the Port Commission in any agreement entered into with a developer.
(b) Such height exceptions may be permitted, provided that:
(1) The height of the building or structure so approved by the Planning Commission shall not exceed 175 feet; and
(2) Within this 175-foot maximum, there shall be a limitation on permitted building volume located above the basic height limit of 84 feet, calculated as the product of 91 feet (the difference between 175 feet and 84 feet) and 10 percent of the project area.
(c) In acting upon any application under this Section, the Planning Commission shall consider the following criteria in addition to those stated in Section 303(c):
(1) The development criteria for the Waterfront Special Use District No. 1 as set forth in Section 240.1; and
(2) The siting of buildings or structures so that higher elements are located nearest The Embarcadero and lower elements outward from The Embarcadero toward the Bay, with a gradual stepping down in height. (Added by Ord. 234-72, App. 8/18/72; amended by Ord. 15-98, App. 1/16/98)
(a) In the 50-D-1, 80-D-1 and 100-F-1 Height and Bulk Districts as designated on Sectional Map No. 1H of the Zoning Map, height exceptions may be approved by the Planning Commission in appropriate cases as provided herein.
(b) Such height exceptions may be permitted provided that the following criteria in addition to those stated in Section 303(c) are met:
(1) The height of the building or structure so approved by the Planning Commission shall not exceed 160 feet.
(2) The applicant shall demonstrate through solar access studies and shadow studies that the proposed height exceptions would create no additional shading impacts on Chinese Playground from 10:00 a.m. to 4:00 p.m., Standard Time, March 21st to September 21st. (Added by Ord. 19-84, App. 1/12/84)
(a) In the 200-E-2 and 300-E-2 Height and Bulk Districts, as designated on Sectional Map No. 1H of the Zoning Map, height exceptions may be approved by the Planning Commission in appropriate cases as provided herein.
(b) Such height exceptions may be permitted provided that the following criteria in addition to those stated in Section 303(c) are met:
(1) The height of the building or structure so approved by the Planning Commission shall not exceed 320 feet.
(2) The applicant shall demonstrate through solar access studies and shadow studies that the proposed height exceptions would create no additional shading impacts on Chinese Playground from 10:00 a.m. to 4:00 p.m. Standard Time, March 21st to September 21st. (Added by Ord. 19-84, App. 1/12/84)
(a) In the Chinatown Community Business District, the Chinatown Visitor Retail District and the Chinatown Residential Neighborhood Commercial District, height exceptions to 50-foot or 65-foot height districts may be approved for certain features according to procedures for conditional use approval in Section 303 of this Code.
The purpose of allowing the exception is, in the case of corners of buildings, to help define the larger space of the intersection and in the case of parapets to reassert the traditional Chinatown pattern.
(b) In addition to requirements of Section 303, such a height exception may be permitted provided that:
(1) The structure is on a corner lot and the feature exceeding the height limit consists of a decorative pavilion, sculpture or pagoda which does not exceed 150 square feet in size, or
(2) The additional height is for a decorative parapet similar to those existing in the Chinatown area and does not extend more than eight feet above the height limit. (Added by Ord. 131-87, App. 4/24/87)
(a) General. In the 80-120-T and 80-130-T Height and Bulk Districts, as designated on Sectional Maps No. 1H and No. 2H of the Zoning Map, located within the boundaries of the North of Market Residential Special Use District, as designated on Sectional Map No. 1SUb of the Zoning Map, height exceptions may be approved by the City Planning Commission, pursuant to the provisions set forth below, from the base height of 80 feet up to 120 feet in the 80-120-T District and up to 130 feet in the 80-130-T District.
(b) Findings and Purposes. In the 80-120-T and 80-130-T Height and Bulk Districts located within the North of Market Residential Special Use District (NOMRSUD), heights higher than 80 feet would be appropriate in order to effect a transition from the higher downtown heights to the generally lower heights of the existing buildings in the NOMRSUD core area and the Civic Center area and to make more feasible the construction of new housing, provided that development of the site is also consistent with the general purposes of the NOMRSUD as set forth in Section 249.5(b). Because development at heights greater than 80 feet may create pressures on existing affordable housing in the area, it is desirable to ameliorate such pressures by requiring that a portion of the value added to the new development resulting from the granting of a height exception be contributed to a fund established for the purpose of stabilizing, rehabilitating, and retaining existing affordable units in the area.
The amount of contribution shall be a reasonable proportion of the value added to the development as a result of the extra building area enabled by the height exception.
(c) Procedures. Exceptions from the base height of 80 feet shall be permitted, up to 120 feet in the 80-120-T Height and Bulk District, and up to 130 feet in the 80-130-T Height and Bulk District, only upon approval by the City Planning Commission, according to the procedures for conditional use approval set forth in Section 303 of this Code.
(d) Conditions. The City Planning Commission shall impose conditions on the approval of applications for conditional use authorization, required pursuant to Section 253 for buildings which exceed 40 feet in height in an R District, if such authorization includes a grant of an exception to the 80-foot base height limit, in order to mitigate the impact that such height exception is likely to have on the existing supply of affordable housing in the area. The condition shall require that the applicant pay a fee to the City Controller which shall be deposited in the North of Market Affordable Housing Fund.
(e) Fee. The fee required pursuant to Subsection (d) above shall be equal to the sum of $5 times the total gross square footage of floor space located above 80 feet in height as determined by the Zoning Administrator, as shown on the building plans. The fee shall be due and payable prior to the issuance of a temporary certificate of occupancy, unless the project sponsor agrees to and qualifies for participation in an amortized payment program, to be established by the Director of the Mayor's Office of Housing and Economic Development (MOHED) and the Director of City Planning, such program to be subject to subsequent review and approval by the City Planning Commission and the Board of Supervisors, which program would result in the City receiving an amount equivalent to the value of the contribution at the time the temporary certificate of occupancy is issued.
(f) Procedure Regarding Temporary Permit of Occupancy. The Superintendent of the Bureau of Building Inspection shall provide notice in writing to the Zoning Administrator at least two business days prior to issuing a temporary permit of occupancy for any building subject to the provisions of this Section. If the Zoning Administrator notifies the Superintendent of the Bureau of Building Inspection within such time that the provisions of this Section have not been complied with, the Superintendent shall deny the temporary permit. If the Zoning Administrator notifies the Superintendent that the provisions of this Section have been complied with or fails to respond within two business days, the temporary permit of occupancy shall not be disapproved pursuant to this Section.
(g) North of Market Affordable Housing Fund. There is hereby established a separate fund set aside for a special purpose called the “North of Market Affordable Housing Fund ('Fund').” All monies collected by the Controller pursuant to this Section shall be deposited in the Fund. All monies deposited in the Fund shall be used solely to stabilize, rehabilitate, and retain affordable housing in the North of Market Residential Special Use District. No portion of the Fund may be used, by way of loan or otherwise, to pay any administrative, general overhead, or similar expense of any entity except for servicing cost related to participation in the amortized payment program. The Fund shall be administered by the Director of the Mayor's Office of Housing and Economic Development (MOHED).
(h) Rules an Regulations for Implementation. The Director of MOHED and the Director of City Planning shall prepare and submit to the City Planning Commission and the Board of Supervisors for review and approval such rules and regulations as may be necessary for the implementation of this Section. The Director of MOHED and the Director of City Planning shall further propose such amendments or additions to the rules and regulations that he or she determines to be necessary. Such amendments and additions shall include periodic revision of the fee to reflect current conditions. (Added by Ord. 165-85, App. 3/28/85)
(a) In the 80-130-F and 80-130-X Height and Bulk District as designated on Sectional Map No. 1H of the Zoning Map, exceptions to the 80 foot height limit up to 130 feet may be approved in appropriate cases in accordance with the provisions of Section 309. The purpose of allowing additional height above 80 feet only as an exception is to ensure that height above 80 feet will not adversely affect the scale of the affected area or block sunlight access to public sidewalks and parks.
(b) Such height exceptions may be permitted provided that:
(1) The height of the building or structure does not exceed 130 feet; and
(2) The additional height will not add significant shadows on public sidewalks and parks; and
(3) The structure provides an appropriate transition to adjacent higher or lower buildings; and
(4) The additional height of the structure is set back an appropriate distance from the street frontage to maintain continuity of the predominant streetwall on the block. (Added by Ord. 414-85, App. 9/17/85)
(a) In S Districts, additional height up to 10 percent of the heights shown on Maps 1H, 2H and 7H of the Zoning Map may be allowed as an extension of the upper tower, provided that the volume of the upper tower as extended is reduced by the percentage shown in Chart B of Section 270(4) of this Code.
(b) This additional height may be allowed pursuant to the provisions of Section 309 only to the extent it is determined that the upper tower volume is distributed in a way that will add significantly to the sense of slenderness of the building and to the visual interest to the termination of the building, and that the added height will improve the appearance of the sky-line when viewed from a distance, will not adversely affect light and air to adjacent properties, and will not add significant shadows to public open spaces. (Added by Ord. 414-85, App. 9/17/85)
In the 200-400-S Special Height and Bulk District as designated for a portion of Assessors Block 3737 on Sectional Map No. 1H of the Zoning Map, heights up to 400 feet may be approved in the manner provided for exceptions in Section 309 if the open space requirements generated by developments in the Special Height and Bulk District are aggregated to create on Assessors Block 3737 a privately owned and maintained urban park, as provided in Section 138, or another type of open space allowed by Section 138 if the standards for an urban park cannot be met because of shadows cast by buildings on other blocks. (Added by Ord. 414-85, App. 9/17/85)
(a) General. In the 40-X/85-B height and bulk district, as designated on Sectional Map No. 1H of the Zoning Map, located within the boundaries of the South of Market RSD District, height exceptions above the 40-foot base height to a maximum of 85 feet may be approved in accordance with the conditional use procedures and criteria provided in Sections 303 and 316 of this Code, and the criteria and conditions set forth below.
(b) Reduction of Shadows on Certain Public, Publicly Accessible, or Publicly Financed or Subsidized Private Open Space.
(1) New buildings or additions subject to this Section shall be shaped to reduce substantial shadow impacts on public plazas, parks or other nearby publicly accessible or publicly financed private open spaces. The criteria set forth in Section 147 of this Code shall be used to assess the shadow impacts of new building development over 40 feet in height.
(2) To the extent that height above 40 feet on lots 14, 16, 18, 19, 20, 20A, 21, 22, 24, 25, 26, 28, 29, 30, 31, 34, 91 and 92 of Assessor's Block 3733 and on lots 14, 15, 17, 18, 19, 23, 24, 26, 27, 28, 32, 33, 36 and 95 of Assessor's Block 3752 would create adverse impact on light and air to adjacent residential uses and/or sunlight access to residential open spaces, such additional height shall not be permitted.
(c) Reduction of Ground Level Wind Currents. New buildings or additions subject to this Section shall be shaped, or other wind baffling measures shall be adopted, so that the development will not cause ground level wind currents to exceed, more than 10 percent of the time year-round, between 7:00 a.m. and 6:00 p.m., the comfort level of 11 m.p.h. equivalent wind speed in areas of substantial pedestrian use and seven m.p.h. equivalent wind speed in public seating areas. When pre-existing ambient wind speeds exceed the comfort level, the building or addition shall be designed to reduce the ambient wind speeds to meet the requirements.
If it is shown that a building or addition cannot be shaped or wind baffling measures cannot be adopted to meet the foregoing requirements without creating an unattractive and ungainly building form and without unduly restricting the development potential of the building site in question, and/or it is concluded that, because of the limited amount by which the comfort level is exceeded, the limited location in which the comfort level is exceeded, the limited time during which the comfort level is exceeded, or the addition is insubstantial, an exception may be granted as part of the conditional use process, allowing the building or addition to add to the amount of time that the comfort level is exceeded by the least practical amount.
No exception shall be allowed and no building or addition shall be permitted that causes equivalent wind speeds to reach or exceed the hazard level of 26 miles per hour for a single hour of the year.
For the purposes of this Section, the term “equivalent wind speed” shall mean an hourly mean wind speed adjusted to incorporate the effects of gustiness or turbulence on pedestrians.
(d) Construction of Live/Work Units Above the 40-Foot Base Height Limit. Live/work units may be relied upon to qualify for a height exception under this Section only if:
(1) Each non-residential use within each individual live/work unit is limited to an activity permitted within the district or conditional within the district and specifically approved as a conditional use;
(2) Each live/work unit is sufficiently insulated for noise attenuation between units to insure that noise shall not exceed the acceptable decibel levels established for residential use as specified in the San Francisco Noise Control Ordinance; and
(3) The project satisfies the open space, parking and freight loading provisions of this Code without administrative exceptions.
(e) Affordability. In determining whether to allow a height exception under this Section the Planning Commission shall, in addition to the criteria set forth in Section 303(c) of this Code, consider the extent to which the project seeking the exception will include residential and live/work units affordable to low-income and moderate-income households. The City Planning Commission may impose conditions on the approval of additional height pursuant to this Subsection to assure housing affordability and the enforceability and enforcement of housing affordability and use provisions, which may include, but need not be limited to, a requirement that a minimum stated percentage of the total number of units approved pursuant to this Section remain affordable to house-holds whose incomes are not greater than a stated percentage of a defined median income for a period of not less than a stated number of years.
(1) The property owner shall submit an annual report to the City, along with a fee whose amount shall be determined periodically by the City Planning Commission, to cover costs of the enforcement of the affordability of designated units. The fee shall not exceed the amount of those costs. The report shall state rents, annual household income, number of adults and children living in each designated unit, and such other information as the City may require. (Added by Ord. 115-90, App. 4/6/90)
(a) General. In the 65N-85N Height and Bulk District, as designated on Sectional Map No. 1H of the Zoning Map, located within the boundaries of the Chinatown Residential Neighborhood Commercial District, height exceptions may be approved above the 65-foot base height to a maximum of 85 feet, in accordance with the conditional use procedures and criteria provided in Section 303 of this Code and with the criteria and conditions set forth in Subsection (c) below.
(1) When the developer of housing (a dwelling unit or group housing) agrees to construct 25 percent of the total units of a housing or mixed use development for persons and families of moderate income as defined in Section 313.1(12) and such units shall remain affordable to such households for 30 years.
(2) When the developer of housing agrees to construct 10 percent of the total units of a housing or mixed use development for persons or families of low income as defined in Section 313.1(13) and such units shall remain affordable to such households for 30 years.
(3) When floor area at least equal to that permitted above the 65-foot base height will be occupied by medical or social services primarily directed to low-income persons or families and provision of space for such services is included in an approved Institutional Master Plan pursuant to Section 304.5 of this Code.
(b) Findings and Purposes. In this district, heights higher than 65 feet would encourage the construction of additional low-rent dwellings to serve housing and other needs in the City, or provision of services to low-income households provided that the structure does not adversely affect a building identified as having individual architectural and historical significance and is designed to reduce shadows on public sidewalks and parks, to reduce adverse wind impacts to adjacent uses, to provide an appropriate height transition to adjacent higher or lower buildings, and to otherwise satisfy Subsection (c) below and the conditional use criteria of this Code, and would benefit the public.
(c) Conditions.
(1) The City Planning Commission shall impose conditions on the approval of additional height pursuant to this subsection to mitigate the impact that such height may have on adjacent uses and property and to assure the enforceability and enforcement of housing affordability and use provisions, which shall include, but need not be limited to, a requirement that each housing unit of an approved structure remain affordable to households of low or moderate income for a period of not less than 30 years from the date of the first recording of a deed of trust provided that such unit is in conformity with Subsection (c)(2) below and Section 313(i).
(2) The permit applicant shall designate housing units, which may be above or below the 65-foot base height limit, which shall be affordable to those households specified in Subsection (a). Prior to the issuance by the Superintendent of the Bureau of Building Inspection (Superintendent) of a site or building permit to construct any designated unit subject to this Section, the permit applicant shall notify the Director of Planning and the Director of Property in writing whether the unit will be an owned or rental unit as defined in Section 313.1 of this Code.
(3) Within 60 days after the issuance by the Superintendent of a site or building permit for construction of any unit intended to be an owned unit, the Director of Planning shall notify the City Engineer in writing identifying the intended owned unit, and the Director of Property shall appraise the fair market value of such unit as of the date of the appraisal, applying accepted valuation methods, and deliver a written appraisal of the unit to the Director of Planning and the permit applicant. The permit applicant shall supply all information to the Director of Property necessary to appraise the unit, including all plans and specifications.
(4) Each designated unit shall be subject to the provisions of Sections 313(i) and (j) of this Code. For purposes of this subsection and the application of Sections 313(i) and (j) of this Code to designated units constructed pursuant to this subsection, the definitions set forth in Section 313(a)(2), (3), (4), (5), (6), (8), (9), (11), (12), (13), (14), (16), (20), (21), (22), (24), (25) and (26) shall apply. (Added by Ord. 131-87, App. 4/24/87)
(a) In order to provide additional housing opportunities for lower and very low income households, in the 40-65-J Special Height and Bulk District as designated for Lot 6 of Assessor's Block 5419 on Sectional Map 10SU of the Zoning Map, exceptions to the 40-foot base height limit up to 65 feet may be approved in appropriate cases in accordance with the conditional use procedures and criteria set forth in Section 303 of this Code and subject to the criteria set forth in Subsection (b) below.
(b) Such height exceptions may be permitted provided that:
(1) The height of the building or structure does not exceed 65 feet; and
(2) The use of the building or structure for which the additional height is sought is residential; and
(3) With the exception of the manager's unit, all dwelling units to be located on floors above 40 feet in height are rental units which are affordable to households of lower or very low income, as defined inSections 50079.5 and 50105 of the Health and Safety Code, until termination or expiration of the affordability restrictions, if any, imposed on the subject property by the U.S. Department of Housing and Urban Development and the City and County of San Francisco. (Added by Ord. 406-96, App. 10/21/96)
In the 60/150-200-X Height and Bulk District as designated on Sectional Map No. 10H of the Zoning Map, the height limit shall be 60 feet, except that heights up to 200 feet shall be permitted for any stadium use permitted within the Candlestick Point Special Use District. An exception to the 60-foot height limit may be granted by the Planning Com-mission as a conditional use within the Candlestick Point Special Use District, up to a maximum height of 150 feet. In the event any stadium constructed within the special use district is integrated into a retail shopping center or other structure, any transitional structures which connect or otherwise attach the stadium to the other structure shall be considered part of the stadium for purposes of determining the permissible height of the transitional structure. All structures within the Candlestick Point Special Use District shall be exempt from the provisions of Planning Code Section 295. (Added by Proposition F, 6/3/97)
(a) General. In the Scott Street Senior Housing Special Use District, located on Lots 15, 18, 19, 22, 29A, 29B, 38 and 40 in Assessor's Block 681, as designated on Sectional Map No. 2H of the Zoning Map, located within the boundaries of the 50-X/70-J and 65-A/70-J height and bulk districts, exceptions to the 50-X and 65-A limits up to a maximum of 70-J limits may be approved in accordance with the conditional use procedures and criteria provided in Section 303 of this Code and the criteria and conditions set forth below.
(b) Seniors Use and Affordability. In determining whether to allow exceptions under this Section, the Planning Commission shall, in addition to the criteria set forth in Section 303(c) of this Code, consider the extent to which the project seeking the exception would include units for seniors housing, and the extent to which such units would be affordable. (Added by Ord. 473-97, App. 12/23/97)
(a) In order to provide additional housing opportunities for low- and lower-income households, in the Fourth and Freelon Special Use District established pursuant to Section 249.23 of this Code and within the boundaries of the 50/85-X height and bulk district as designated on Sectional Map 1H of the Zoning Map of the City and County of San Francisco, an exception to the 50 foot base height limit up to 85 feet may be approved by the Planning Commission in accordance with subsection (j) of Section 249.23 of this Code.
(b) An applicant seeking approval within one year of the effective date of this ordinance pursuant to Section 249.23(j) shall pay a fee of $10,000 to the San Francisco Planning Department. If time and materials exceed $10,000, the applicant shall also pay those costs. After one year, the fee shall be governed by the fees set forth for conditional use authorization. (Added by Ord. 27-03, File No. 020549, App. 2/28/2003)
(a) The limits upon the bulk of buildings and structures shall be as stated in this Section and in Sections 271 and 272. The terms “height,” “plan dimensions,” “length” and “diagonal dimensions” shall be as defined in this Code. In each height and bulk district, the maximum plan dimensions shall be as specified in the following table, at all horizontal cross-sections above the height indicated.
|
TABLE 270 |
|||
|
District Symbol on Zoning Map |
Height Above Which Maximum Dimensions Apply (in feet) |
|
|
|
Length |
Diagonal Dimension |
||
|
A |
40 |
110 |
125 |
|
B |
50 |
110 |
125 |
|
C |
80 |
110 |
125 |
|
D |
40 |
110 |
140 |
|
E |
65 |
110 |
140 |
|
F |
80 |
110 |
140 |
|
G |
80 |
170 |
200 |
|
H |
100 |
170 |
200 |
|
I |
150 |
170 |
200 |
|
J |
40 |
250 |
300 |
|
K |
60 |
250 |
300 |
|
L |
80 |
250 |
300 |
|
M |
100 |
250 |
300 |
|
N |
40 |
50 |
100 |
|
R |
51 |
200 |
200 |
|
R |
105 |
110 |
125 |
|
V |
|
110 |
140 |
|
V |
|
|
|
|
OS |
|
|
|
|
S |
|
|
|
|
T |
At setback height established pursuant to Section 132.2, but no higher than 80 feet. |
110 |
125 |
|
X |
|
|
|
(b) These limits shall not apply to the buildings, structures and equipment listed in Section 260(b)(2) (K), (L), (M) and (N) of this Code, subject to the limitations expressed therein.
(c) Maximum plan lengths and diagonal dimensions do not apply to cornices or other decorative projections.
(d) The bulk limits contained in this subsection shall apply in S Bulk Districts as designated on Sectional Map Nos. 1H, 2H and 7H of the Zoning Map.
(1) Base. The base is the lowest portion of the building extending vertically to a streetwall height up to 1.25 times the width of the widest abutting street or 50 feet, whichever is more. There are no length or diagonal dimension limitations applicable to the base. The building base shall be delineated from the lower and upper tower and related to abutting buildings by a setback, cornice line or equivalent projection or other appropriate means.
(2) Lower Tower.
(A) Dimensions. Bulk controls for the lower tower apply to that portion of the building height above the base as shown on Chart B. For buildings of less than 160 feet in height, the lower tower controls are the only bulk controls above the base of the building. The bulk controls for the lower tower are a maximum length of 160 feet, a maximum floor size of 20,000 square feet, and a maximum diagonal dimension of 190 feet.
(B) Additional Bulk for Elevators. Solely in order to accommodate additional elevators required by tall buildings the lower portion (up to the height shown on Chart B) of the lower tower of a building 500 feet tall or taller may be enlarged up to a maximum length of 190 feet, a maximum diagonal dimension of 230 feet and a maximum floor size of up to 25,000 square feet without a corresponding reduction in upper floor size.
(3) Upper Tower.
(A) Dimensions. Upper tower bulk controls apply to buildings taller than 160 feet. They apply to the upper tower portion of a building up to the height shown on Chart B, which height excludes the vertical attachment and other features exempted by Section 260 and excludes the extended upper tower height exceptions provided for in Section 263.7 of this Code. The bulk controls for the upper tower are: a maximum length of 130 feet; a maximum average floor size of 12,000 square feet; a maximum floor size for any floor of 17,000 square feet; and a maximum average diagonal measure of 160 feet. In determining the average floor size of the upper tower, areas with a cross-sectional area of less than 4,000 square feet may not be counted and sculptured architectural forms that contain large volumes of space but no usable floors shall be included in average floor size calculation by computing the cross section at 12.5-foot intervals.
(B) Volume Reduction. When the average floor size of the lower tower exceeds 5,000 square feet, the volume of the upper tower shall be reduced to a percentage of the volume that would occur if the average floor size of the lower tower were extended to the proposed building height. The percentage varies with the bulk of the lower tower and with whether or not a height extension is employed pursuant to Section 263.7 and is shown on Chart C. In achieving the required volume reduction, a setback or change in profile at a specific elevation is not required.
(C) Extensions. Extension of the upper tower above the otherwise allowable height limits may be permitted as provided in Section 263.9.
(D) Termination of the Tower. The top of the tower shall be massed in a manner that will create a visually distinctive roof or other termination of the building facade. Modifications to a proposed project may be required, in the manner provided in Section 309, to achieve this purpose.
(e) In Bulk District R, bulk limitations are as follows:
(1) Between 51 and 105 feet in height, the maximum plan dimensions measured diagonally may not exceed 200 feet, and the average individual floor area may not exceed 20,000 gross square feet.
(2) Above 105 feet in height, each side of the building shall be limited to 110 feet in length, and maximum plan dimensions measured diagonally may not exceed 125 feet except for the lower of the structure above 105 feet, which shall be subject to Subsection (3) below; the average floor area of all floors above 105 feet may not exceed 7,500 gross square feet.
(3) The volume of the upper 1/3 of the structure above 105 feet shall be at least 15 percent less than the volume of the middle 1/3 above 105 feet, and the volume of the lower 1/3 of the structure above 105 feet shall be at least 15 percent more than the volume of the middle 1/3 above 105 feet.
(4) In order to provide light and air between structures and to avoid excessive screening of downtown views from the bridge, distances between structures in height districts above 105 feet should not be less than 150 feet. (Amended by Ord. 414-85, App. 9/17/85; Ord. 532-85, App. 12/4/85; Ord. 131-87, App. 4/24/87; Ord. 537-88, App. 12/16/88)
SEC. 271. BULK LIMITS: SPECIAL EXCEPTIONS, IN DISTRICTS OTHER THAN C-3.
(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 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.
(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.
(c) Criteria. In acting upon any application for a conditional use to permit the bulk limits to be exceeded under this section, the City Planning Commission shall consider the following standards and criteria in addition to those stated in Section 303(c) of this Code:
(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)
SEC. 272. BULK LIMITS: SPECIAL EXCEPTIONS IN C-3 DISTRICTS.
(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, pro-vided, 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.
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)
SEC. 290. HEIGHT AND BULK LIMITS FOR OPEN SPACE DISTRICTS.
In the Open Space Districts designated by the symbol “OS” on Sectional Maps Nos. 1H through 13H 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 Master Plan, and no building or structure or addition thereto shall be permitted unless in conformity with the Master 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 Master Plan. (Amended by Ord. 234-72, App. 8/18/72)
SEC. 295. HEIGHT RESTRICTIONS ON STRUCTURES SHADOWING PROPERTY UNDER THE JURISDICTION OF THE RECREATION AND PARK COMMISSION.
(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 City 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 Com-mission 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 Department of City Planning, or (ii) a Negative Declaration has been published by the Department of City Planning 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 City 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 City 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 City Planning Commission upon the proposed project.
(c) The City 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 City 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)
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