SEC. 263.12. SPECIAL HEIGHT EXCEPTIONS: PORTION OF CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT.
(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% of the total units of a housing or mixed use development for persons and families of
middle income as defined in Section 401 and such units shall remain affordable to such households for 30 years.
(2) When the developer of housing agrees to construct 10% of the total units of a housing or mixed use development for persons or families of low income as defined in Section 401
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 Planning Commission shall impose conditions on the approval of additional height pursuant to this subsection (c) 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 middle 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 413.
(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 Director of the Department of Building Inspection of a site or building permit to construct any designated unit subject to this Section 263.12, 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 401 of this Code.
(3) Within 60 days after the issuance by the Director of the Department of Building Inspection 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 Section 413 of this Code. For purposes of this subsection (c) and the application of Section 413 of this Code to designated
units constructed pursuant to this subsection (c), the definitions set forth in Sections 401 and 413 shall apply.
(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 208-19, File No. 190594, App. 9/20/2019, Eff. 10/21/2019)
AMENDMENT HISTORY
Divisions (a)-(a)(2), (b), and (c)(1)-(c)(4) amended; Ord. 208-19, Eff. 10/21/2019.
SEC. 263.13. SPECIAL EXCEPTIONS: 40-65-J SPECIAL HEIGHT AND BULK DISTRICT.
(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 in Sections 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)
SEC. 263.14. SPECIAL HEIGHT EXCEPTIONS: PERMITTED BUILDING HEIGHT IN THE ALEXANDRIA THEATER SPECIAL USE DISTRICT.
In the 40-X Height and Bulk District, as designated on Section Map HT03 of the Zoning Map, located within the boundaries of the Alexandria Theater Special Use District, height above
the maximum height limit may be approved for a residential project in accordance with the procedures and criteria set forth in Section 249.4.
(Added by Ord. 73-25, File No. 241198, App. 5/16/2025, Eff. 6/16/2025)
(Former Sec. 263.14 added by Proposition F, 6/3/97; repealed by Proposition G, 6/3/2008)
SEC. 263.15. SPECIAL HEIGHT AND BULK EXCEPTIONS: SCOTT STREET SENIOR HOUSING SPECIAL USE DISTRICT.
(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)
SEC. 263.16. SPECIAL HEIGHT AND BULK EXCEPTIONS; FOURTH AND FREELON STREETS SPECIAL USE DISTRICT.
(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)
SEC. 263.17. SPECIAL HEIGHT EXCEPTION: HAIGHT STREET SENIOR AFFORDABLE HOUSING SPECIAL USE DISTRICT.
(a) General. In the Haight Street Senior Affordable Housing Special Use District, located on Lots 11 and 14 in Assessor's Block 1234, as designated on Sectional Map No. 7H of the
Zoning Map, located within the boundaries of the 40-X Height and Bulk District, exception to the 40-X limit up to a maximum of 60-X limit 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. 50-03, File No. 030156, App. 4/3/2003)