295

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 Planning Commission pursuant to the provisions of this Section; provided, however, that the provisions of this Section shall not apply to building permits authorizing: (1) Structures which do not exceed 40 feet in height; (2) Structures which cast a shade or shadow upon property under the jurisdiction of, or designated for acquisition by, the Recreation and Park Commission only during the first hour after sunrise and/or the last hour before sunset; (3) Structures to be constructed on property under the jurisdiction of the Recreation and Park Commission for recreational and park-related purposes; (4) Structures of the same height and in the same location as structures in place on June 6, 1984; (5) Projects for which a building permit application has been filed and either (i) a public hearing has been held prior to March 5, 1984 on a draft environmental impact report published by the Planning Department, or (ii) a Negative Declaration has been published by the Planning Department prior to July 3, 1984; (6) Projects for which a building permit application and an application for environmental evaluation have been filed prior to March 5, 1984 and which involve physical integration of new construction with rehabilitation of a building designated as historic either by the San Francisco Board of Supervisors as a historical landmark or by the State Historic Preservation Officer as a State Historic Landmark, or placed by the United States Department of the Interior on the National Register of Historic Places and which are located on sites that, but for separation by a street or alley, are adjacent to such historic building. (b) The Planning Commission shall conduct a hearing and shall disapprove the issuance of any building permit governed by the provisions of this Section if it finds that the proposed project will have any adverse impact on the use of the property under the jurisdiction of, or designated for acquisition by, the Recreation and Park Commission because of the shading or shadowing that it will cause, unless it is determined that the impact would be insignificant. The Planning Commission shall not make the determination required by the provisions of this Subsection until the general manager of the Recreation and Park Department in consultation with the Recreation and Park Commission has had an opportunity to review and comment to the Planning Commission upon the proposed project. (c) The Planning Commission and the Recreation and Park Commission, after a joint meeting, shall adopt criteria for the implementation of the provisions of this Section. (d) The Zoning Administrator shall determine which applications for building permits propose structures which will cast a shade or shadow upon property under the jurisdiction of, or designated for acquisition by, the Recreation and Park Commission. As used in this Section, "property designated for acquisition by the Recreation and Park Commission" shall mean property which a majority of each of the Recreation and Park Commission and the Planning Commission, meeting jointly, with the concurrence of the Board of Supervisors, have recommended for acquisition from the Open Space Acquisition and Park Renovation Fund, which property is to be placed under the jurisdiction of the Recreation and Park Commission. (Added Ord. 62-85, App. 1/31/85; amended by Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015) AMENDMENT HISTORY Nonsubstantive changes; Ord. 188-15 , Eff. 12/4/2015. ARTICLE 3: ZONING PROCEDURES Sec. 301. General Description of Zoning Procedures. Sec. 302. Planning Code Amendments. Sec. 303. Conditional Uses. Sec. 303.1. Formula Retail Uses. Sec. 303.2. Priority Processing for Certain Uses in Commercial Space: Expedited Conditional Use Review and Approval Process and Reduced Application Fee. Sec. 304. Planned Unit Developments. Sec. 304.5. Institutional Master Plans. Sec. 304.6. Review Procedures for Large Noncontiguous Post-Secondary Educational Institutions. Sec. 304.7. Additional Provisions Applicable to Large Noncontiguous Post-Secondary Educational Institutions. Sec. 304.8. Review Procedures for Projects in the 530 Sansome Mixed-Use Tower and Fire Station Special Use District. Sec. 305. Variances. Sec. 305.1. Requests for Reasonable Modification – Residential Uses. Sec. 306. Applications and Hearings. Sec. 306.1. Applications and Filing Fees. Sec. 306.2. Scheduling of Hearings. Sec. 306.3. Notice of Hearings. Sec. 306.4. Conduct of Hearings. Sec. 306.5. Reconsideration. Sec. 306.6. Initiation of Amendments. Sec. 306.7. Interim Zoning Controls. Sec. 306.8. Posting of Signs Required. Sec. 306.9. Notice of Applications for Building Permits for Sutro Tower. Sec. 307. Other Powers and Duties of the Zoning Administrator. Sec. 308. Appeals. Sec. 308.1. Appeals: Amendments to the Planning Code and Conditional Uses. Sec. 308.2. Appeals: Variances and Administrative Actions. Sec. 309. Permit Review in C-3 Districts. Sec. 309.1. Permit Review in Downtown Residential Districts. Sec. 309.2. Permit Review in the Executive Park Special Use District. Sec. 311. Permit Review Procedures.

Sec. 313. PDR-1-B (Light Industrial Buffer), Pre-Application Meeting. Sec. 314. Review of Residential, Hotel, and Motel Projects. Sec. 315. Streamlined Authorization of 100% Affordable Housing and Educator Housing Projects. Sec. 315.1. 100 Percent Affordable Housing Bonus Project Authorization. Sec. 317. Loss of Residential and Unauthorized Units Through Demolition, Merger, and Conversion. Sec. 317.2. Conditions of Approval for Projects That Require the Demolition of Residential Units. Sec. 320. Office Development: Definitions. Sec. 321. Office Development: Annual Limit. Sec. 321.1. Annual Limit Adjustment. Sec. 321.2. Legislative Reduction of Annual Limit. Sec. 321.3. Voter Approval of Exemptions of Office Projects Authorized by Development Agreements. Sec. 321.4. Converted Square Footage; Annual Limit Increase. Sec. 322. Procedure for Administration of Office Development Limit. Sec. 323. Office Development: Preapplication Procedure. Sec. 324. Findings. Sec. 324.1. Development in Hunters Point Shipyard Phase 2 and Candlestick Point. Sec. 325. Sunset Clause. Sec. 327.4. Lien Proceedings. Sec. 328. HOME-SF Project Authorization. Sec. 329. Large Project Authorization in Eastern Neighborhoods Mixed Use Districts. Sec. 330. Purpose and Coastal Zone Permit Area. Sec. 330.1. Projects Requiring Coastal Zone Permit Review. Sec. 330.2. Definitions. Sec. 330.3. Projects Exempt From Coastal Zone Permit Review. Sec. 330.4. Projects Subject to Coastal Zone Permit Review. Sec. 330.4.1. Projects Requiring a Coastal Zone Permit From the California Coastal Commission. Sec. 330.5. Application For a Coastal Zone Permit. Sec. 330.5.1. Permit Application Review for Consistency With the Local Coastal Program. Sec. 330.5.2. Findings. Sec. 330.5.3. Determination of Permit Jurisdiction. Sec. 330.5.4. Planning Commission Review of Coastal Zone Permits. Sec. 330.6. Coastal Commission Notification. Sec. 330.7. Public Notice. Sec. 330.8. Emergency Coastal Zone Authorization. Sec. 330.9. Appeal Procedures. Sec. 330.10. Appealable Projects. Sec. 330.11. Who May Appeal a Coastal Zone Permit to the California Coastal Commission. Sec. 330.12. Permit Approval by Operation of Law. Sec. 330.13. Effective Date of Approved Projects. Sec. 330.14. Expiration Date and Extensions. Sec. 330.15. Coastal Zone Permit Fees. Sec. 330.16. Procedural Permit Review Changes. Sec. 333. Public Notification Procedures. Sec. 334. Housing Choice-San Francisco Project Authorization. Sec. 340. General Plan Amendments. Sec. 341. Better Neighborhoods Area Plan Monitoring Program. Sec. 341.1. Findings. Sec. 341.2. Annual Reporting. Sec. 341.3. Time Series Report. Sec. 341.4. Information to be Furnished. Sec. 341.5. Market and Octavia Community Advisory Committee. Sec. 342. Health Care Services Master Plan Findings. Sec. 342.1. Definitions. Sec. 342.2. Health Care Services Master Plan: Components. Sec. 342.3. Health Care Services Master Plan Process. Sec. 342.4. Consistency Determination Fee. Sec. 342.5. Consistency Determination. Sec. 342.6. Appeals. Sec. 342.7. Authority to Adopt Rules and Regulations. Sec. 342.8 Preemption. Sec. 342.9. City Undertaking Limited to Promotion of General Welfare. Sec. 342.10. Severability. Sec. 343. Central SoMa Housing Sustainability District. Sec. 344. Housing Choice Housing Sustainability District.

SEC. 301. GENERAL DESCRIPTION OF ZONING PROCEDURES. This Section is a summary of provisions more fully described in the remainder of this Article. The final legislative authority for enactment and amendment of the zoning provisions contained in this Code resides in the Board of Supervisors. However, all proposals for reclassifications of property or other amendments are considered first by the Planning Commission, and its disapprovals are final unless overruled by the Board of Supervisors.