Article 2.5 — HEIGHT AND BULK DISTRICTS

Sec. 250. Height and Bulk Districts Established.

Sec. 251. Height and Bulk Districts: Purposes.

Sec. 252. Classes of Height and Bulk Districts.

Sec. 252.1. Special Height Limits.

Review of Proposed Buildings and Structures Exceeding a Height of 65 Feet in the Sec. 253.4. Mission Street NCT District.

Review of Proposed Buildings and Structures Exceeding a Height of 35 Feet in Sec. 254. Chinatown Mixed Use Districts.

Sec. 260. Height Limits: Measurement.

Sec. 261. Additional Height Limits Applicable to Certain RH Districts.

Additional Height Limits for Narrow Streets and Alleys in, R, RTO, NC, NCT, and Sec. 261.1. Eastern Neighborhoods Mixed Use Districts.

Sec. 261.2. Additional Height Limits for the Folsom Street NCT District.

Sec. 261.3. Additional Height Limits for the Japantown NC District.

Sec. 262. Additional Height Limits Applicable to Signs.

Sec. 263. Height Limits: Special Exceptions.

Sec. 263.4. Special Exceptions: South, East and West of Chinese Playground.

Sec. 263.5. Special Exceptions: East of Chinese Playground on Nob Hill.

Sec. 263.6. Special Height Exceptions: Chinatown Corners and Parapets.

Sec. 263.7. Special Height Exceptions: North of Market Residential Special Use District.

Sec. 263.8. Exceptions to Height Limits in 80-130-F and 80-130-X Height and Bulk Districts.

Sec. 263.9. Height Limits: Special Exceptions for Upper Tower Extensions in S Districts.

Sec. 263.10. Special Exceptions: 200-400-S Special Height and Bulk District.

Special Height Exceptions: Portion of Chinatown Residential Neighborhood Sec. 263.12. Commercial District.

Sec. 263.13. Special Exceptions: 40-65-J Special Height and Bulk District.

Special Height Exceptions: Permitted Building Height in the Alexandria Theater Sec. 263.14. Special Use District.

Sec. 263.15. Special Height and Bulk Exceptions: Scott Street Senior Housing Special Use District.

Sec. 263.16. Special Height and Bulk Exceptions; Fourth and Freelon Streets Special Use District.

Special Height Exception: Haight Street Senior Affordable Housing Special Use Sec. 263.17. District.

Sec. 263.18. Special Height and Bulk District: Transbay Downtown Residential District.

Sec. 263.19. Height Limits: Permitted Podium and Tower Heights in the R Bulk Districts.

Special Height Exception: Additional Five Feet Height for Active Ground Floor Uses Sec. 263.20. in Certain Districts.

Special Height Exceptions: Vertical Non-Habitable Architectural Elements in the Sec. 263.21. Eastern Neighborhoods Mixed Use Districts.

Special Height Exceptions: Fulton Street Grocery Store Special Use District 40-X/50Sec. 263.22. X Heights District.

Special Exceptions: Hunters View Special Use District and the 40/65-X Height and Sec. 263.23. Bulk District.

Special Exceptions: Candlestick Point Activity Node Special Use District and the CP Sec. 263.24. Height and Bulk District.

Special Exceptions: Hunters Point Shipyard Phase 2 Special Use District and the HP Sec. 263.25. Height and Bulk District.

Sec. 263.26. Special Exceptions: Treasure Island/Yerba Buena Island Height and Bulk District.

Special Exceptions: Executive Park Special Use District and the 65/240 EP Height and Sec. 263.27 Bulk District.

Sec. 263.28. Special Exceptions: SALI Districts in the 40-55-X Height and Bulk District.

Special Height Exceptions: Permitted Building Heights in the Western SoMa Special Sec. 263.29. Use District.

Sec. 263.30. Sunnydale HOPE SF Special Use District and the 40/65-X Height and Bulk District.

Sec. 263.31. Potrero HOPE SF Special Use District and the 40/65-X Height and Bulk District.

Special Height Exceptions: Permitted Building Heights in the Central SoMa Special Sec. 263.32. Use District.

Sec. 263.33. Special Height Exceptions: Vassar and Harrison Streets.

Sec. 263.34. Special Height and Setback Exceptions: Fourth and Harrison Streets.

Sec. 263.35. Balboa Reservoir Special Use District and the 48/78-X Height and Bulk Districts.

Sec. 263.36. Stonestown Mixed-Use Height and Bulk District.

Sec. 270. Bulk Limits: Measurement.

Special Bulk Limitations: Horizontal Mass Reductions in Large Lots in the Eastern Sec. 270.1. Neighborhoods Mixed Use Districts.

Special Bulk and Open Space Requirement: Mid-block Alleys in Large Lot Development in the Eastern Neighborhoods Mixed Use Districts, South of Market

Sec. 270.2.

Neighborhood Commercial Transit District, Folsom Street Neighborhood Commercial Transit District, Regional Commercial District, C-3 District, and DTR District.

Sec. 271. Bulk Limits: Special Exceptions, in Districts Other Than C-3.

Sec. 272. Bulk Limits: Special Exceptions in C-3 Districts.

Sec. 290. Height and Bulk Limits for Open Space Districts.

Sec. 291. Mission Rock Height and Bulk District.

Height Restrictions on Structures Shadowing Property Under the Jurisdiction of the Sec. 295. Recreation and Park Commission.

(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, 188, and 206 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; Ord. 143-16, File No. 160687, App. 7/29/2016, Eff. 8/28/2016)

AMENDMENT HISTORY

Division (b) amended; Ord. 143-16, Eff. 8/28/2016.

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 General 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; Ord. 188-15, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)

AMENDMENT HISTORY

Introductory material amended; Ord. 188-15, Eff. 12/4/2015.

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)

(Added by Ord. 443-78, App. 10/6/78; Ord. 72-08, File No. 071157, App. 4/3/2008; amended by Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; repealed by Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024)

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)

(See Interpretations related to this Section.)

(a) Method of Measurement. The limits upon the height of buildings and structures shall be as specified on the Zoning Map, except as permitted by Section 206. In the measurement of height, the following rules shall be applicable:

(1) The point above which such measurements shall be taken shall be as specified as follows.

(A) In the case of either (B) or (C) below, such point shall be taken at the centerline of the building or, where the building steps laterally in relation to a street that is the basis for height measurement, separate points shall be taken at the centerline of each building step.

(B) Where the lot is level with or slopes downward from a street at the centerline of the building or building step, such point shall be taken at curb level on such a street. This point shall be used for height measurement only for a lot depth not extending beyond a line 100 feet from and parallel to such street, or beyond a line equidistant between such street and the street on the opposite side of the block, whichever depth is greater. Measurement of height for any portion of the lot extending beyond such line shall be considered in relation to the opposite (lower) end of the lot, and that portion shall be considered an upward sloping lot in accordance with Subsection (C) below, whether or not the lot also has frontage on a lower

street.

(C) Where the lot slopes upward from a street at the centerline of the building or building step, such point shall be taken at curb level for purposes of measuring the height of the closest part of the building within 10 feet of the property line of such street; at every other cross-section of the building, at right angles to the centerline of the building or building step, such point shall be taken as the average of the ground elevations at either side of the building or building step at that cross-section. The ground elevations used shall be either existing elevations or the elevations resulting from new grading operations encompassing an entire block. Elevations beneath the building shall be taken by projecting a straight line between ground elevations at the exterior walls at either side of the entire building in the same plane.

(D) Where the lot has frontage on two or more streets, the owner may choose the street or streets from which the measurement of height is to be taken, within the scope of the rules stated above.

Where the height limits for buildings and structures are established by this Code, the upper points to be taken for measurement of height shall be as prescribed in the provisions relating to such height limits.

(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. For any building taller than 550 feet in height in the S2 Bulk District, the height of the building shall be measured at the upper point of all features of the building and exempted features in such cases shall be limited to only those permitted in Subsection (b)(1)(M) and which are permitted by the Planning Commission according to the procedures of Section 309.

(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.

TABLE 260

HEIGHT MEASUREMENT

ON LATERAL SLOPES WHERE

HEIGHT LIMIT IS 65 FEET OR LESS

(b) Exemptions. In addition to other height exceptions permitted by this Code, the features listed in this subsection (b) 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; and provided further that the sum of the horizontal areas of all features listed in this subsection (b)(1) shall not exceed 30% of the horizontal area of the roof above which they are situated, or, in C-3 Districts and in the Rincon Hill Downtown Residential 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-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% 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 subsection (b)(1) may be equal to but not exceed 30% 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 30% heretofore described may be increased to 40% 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 16 feet of such features where the height limit is 65 feet or less, and the top 20 feet of such features where the height limit is more than 65 feet. In C-3 districts, for existing buildings whose height exceeds the permitted height limit, these exempted features shall be measured from the existing roofline instead of the height limit.

(B) Elevator, stair and mechanical penthouses, fire towers, skylights, and dormer windows. This exemption shall be limited to the top 16 feet of such features where the height limit is 65 feet or less, and the top 20 feet of such features where the height limit is more than 65 feet. However, for elevator penthouses, the exemption shall be limited to the top 16 feet and limited to the footprint of the elevator shaft, regardless of the height limit of the building. The design of all elevator penthouses in Residential Districts shall be consistent with the “Residential Design Guidelines” as adopted and periodically amended for specific areas or conditions by the Planning Commission. In C-3 districts, for existing buildings whose height exceeds the permitted height limit, these exempted features shall be measured from the existing roofline instead of the height limit.

The Zoning Administrator may, after conducting a public hearing, grant a further height exemption for an elevator penthouse for a building with a height limit of more than 65 feet but only to the extent that the Zoning Administrator determines that such an exemption is required to meet state or federal laws or regulations. All requests for height exemptions for elevator penthouses located in Residential or Neighborhood Commercial Districts shall be subject to the neighborhood notification requirements of Section 311 of this Code.

(C) Stage and scenery lofts.

(D) Ornamental and symbolic fea- tures of public and religious buildings and struc- tures, including towers, spires, cupolas, belfries and domes, where such features are not used for human occupancy.

(E) In any C-3 District, the CMUO District, and any MUR or MUG District within the Central SoMa Special Use District, enclosed space related to the recreational, Restaurant, or Bar use of the roof, not to exceed 16 feet in height. In C-3 districts, for existing buildings whose height exceeds the permitted height limit, these exempted features shall be measured from the existing roofline instead of the height limit.

trict, the CMUO District, and any MUR or MUG District within the Central SoMa Special Use District, enclosed space related to the recreational, Restaurant, or Bar use of the roof, not to exceed 16 feet in height. In C-3 districts, for existing buildings whose height exceeds the permitted height limit, these exempted features shall be measured from the existing roofline instead of the height limit.

(F) Rooftop enclosures and screening for features listed in subsections (b)(1)(A) and (B) above that add additional building volume in any C-3 District except as otherwise allowed in the S-2 Bulk district according to subsection (M) below or the Eastern Neighborhoods Mixed Use Districts. The rooftop enclosure or screen creating the added volume:

(i) shall not be subject to the percentage coverage limitations otherwise applicable to this Section 260(b) but shall meet the requirements of Section 141;

(ii) shall not exceed 20 feet in height, measured as provided in subsection (a) above;

(iii) may have a volume, measured in cubic feet, not to exceed three-fourths of the horizontal area of all upper tower roof areas multiplied by the maximum permitted height of the enclosure or screen;

(iv) shall not be permitted within the setbacks required by Sections 132.1, 132.2, and 132.3;

(v) shall not be permitted within any setback required to meet the sun access plane requirements of Section 146; and

(vi) shall not be permitted within any setback required by Section 261.1.

(G) In any C-3 District except as otherwise allowed in the S-2 Bulk district according to subsection (M) below, 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 Downtown Residential District, enclosed space related to the recreational use of the roof, not to exceed 16 feet in height.

(I) In the Rincon Hill Downtown Residential 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, shall not exceed 10 percent of the total height of any building taller than 105 feet, shall have a horizontal area not more than 85 percent of the total area of the highest occupied floor, and shall contain no space for human occupancy. The features described in (b)(1)(B) shall not be limited to 16 feet for buildings taller than 160 feet, but shall be limited by the permissible height of any additional rooftop volume allowed by this Subsection.

of any building taller than 105 feet, shall have a horizontal area not more than 85 percent of the total area of the highest occupied floor, and shall contain no space for human occupancy. The features described in (b)(1)(B) shall not be limited to 16 feet for buildings taller than 160 feet, but shall be limited by the permissible height of any additional rooftop volume allowed by this Subsection.

(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 C-3-G District, on sites fronting on Van Ness Avenue in the 120-X height district, additional building volume used to enclose or screen from view the features listed under subsections (b)(1)(A) and (b)(1)(B) above, to allow increased roof height for performance and common space, 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 (b)(1)(L), but shall meet the requirements of Section 141 and shall not exceed 16 feet in height, measured as provided in subsection (a) above. Buildings that are eligible for this exemption are also eligible for exceptions to any quantitative standards set forth in Article 1.2 of this Code through Section 309 of this Code.

(M) In the Central SoMa Special Use District, additional building volume used to enclose or screen from view the features listed in 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 the building, but shall meet the requirements of Section 141; shall not exceed 10% of the total height of any building taller than 200 feet; shall have a horizontal area not more than 100% of the total area of the highest occupied floor; and shall contain no space for human occupancy. The features described in subsection (b)(1)(B) shall not be limited to 16 feet for buildings taller than 200 feet, but shall be limited by the permissible height of any additional rooftop volume allowed by this subsection (M).

ilding taller than 200 feet; shall have a horizontal area not more than 100% of the total area of the highest occupied floor; and shall contain no space for human occupancy. The features described in subsection (b)(1)(B) shall not be limited to 16 feet for buildings taller than 200 feet, but shall be limited by the permissible height of any additional rooftop volume allowed by this subsection (M).

(N) In any S-2 Bulk District for any building which exceeds 550 feet in height, unoccupied building features including mechanical and elevator penthouses, enclosed and unenclosed rooftop screening, and unenclosed architectural features not containing occupied space that extend above the height limit, only as permitted by the Planning Commission according to the procedures of Section 309 and meeting all of the following criteria:

(i) such elements are demonstrated to not add more than insignificant amounts of additional shadow compared to the same building without such additional elements on any public open spaces as deemed acceptable by the Planning Commission; and

(ii) such elements are limited to a maximum additional height equivalent to 7.5% of the height of the building to the roof of the highest occupied floor, except that in the case of a building in the 1,000-foot height district such elements are not limited in height, and any building regardless of building height or height district may feature a single spire or flagpole with a diagonal in cross-section of less than 18 feet and up to 50 feet in height in addition to elements allowed according to this subsection (N); and

(iii) such elements are designed as integral components of the building design, enhance both the overall silhouette of the building and the City skyline as viewed from distant public vantage points by producing an elegant and unique building top, and achieve overall design excellence.

(O) In the Van Ness & Market Residential Special Use District and only in the block/lot districts 85-X // 120/365-R-2, additional building volume used to enclose or screen from view the features listed in 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 the building, but shall meet the requirements of Section 141; shall not exceed 10 percent of the total height of any building taller than 200 feet; shall have a horizontal area not more than 100 percent of the total area of the highest occupied floor; and shall contain no space for human occupancy that is enclosed or otherwise not open to the sky. The features described in subsection (b)(1)(B) shall not be limited to 16 feet for buildings taller than 200 feet but shall be limited by the permissible height of any additional rooftop volume allowed by this subsection (O).

(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) Wireless Telecommunications Services Facilities and other antennas, dishes, and towers and related screening elements, subject to any other applicable Planning Code provisions, including but not limited to applicable design review criteria and Planning Code Section 295.

(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 transmission, 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) Enclosed recreational facilities up to a height of 10 feet above the otherwise applicable height limit when located within a 65-U Height and Bulk District and an MUO District, and only then when authorized by the Planning Commission as a Conditional Use pursuant to Section 303 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.

(P) Historic Signs and Vintage Signs permitted pursuant to Article 6 of this Code.

(Q) In the Eastern Neighborhoods Mixed Use Districts, enclosed utility sheds of not more than 100 square feet, exclusively for the storage of landscaping and gardening equipment for adjacent rooftop landscaping, with a maximum height of 8 feet above the otherwise applicable height limit.

(R) Hospitals, as defined in this Code, that are legal non-complying structures with regard to height, may add additional mechanical equipment so long as the new mechanical equipment 1) is not higher than the highest point of the existing rooftop enclosure, excluding antennas; 2) has minimal visual impact and maximum architectural integration; 3) is necessary for the function of the building; and 4) no other feasible alternatives exist. Any existing rooftop equipment that is out of service or otherwise abandoned shall be removed prior to installation of new rooftop equipment.

(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; Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 269-05, File No. 050496, App. 11/30/2005; Proposition G, 6/3/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 182-12, File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 252-14, File No. 141096, App. 12/17/2014, Eff. 1/16/2015; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 102-16, File No. 160346, App. 6/24/2016, Eff. 7/24/2016; Ord. 143-16, File No. 160687, App. 7/29/2016, Eff. 8/28/2016; Ord. 166-16, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 217-16, File No. 160424, App. 11/10//2016, Eff. 12/10/2016; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 58-18, File No. 180114, App. 4/12/2018, Eff. 5/13/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020; 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)

AMENDMENT HISTORY

Divisions (a)(2), (b)(1)(F), and (b)(1)(G) amended; division (b)(1)(M) added; Ord. 182-12, Eff. 9/7/2012. Division (b)(2)(S) added; Ord. 252-14, Eff. 1/16/2015. Division (a)(1) amended; divisions (a)(1)(A)-(D) added; division (b)(2)(I) amended; Ord. 22-15, Eff. 3/22/2015. Divisions (b)(1) and (b)(1)(F) amended; Ord. 102-16, Eff. 7/24/2016. Division (a) amended; Ord. 143-16, Eff. 8/28/2016. Division (b)(2)(I) amended; Ord. 166-16, Eff. 9/10/2016. Division (b)(2)(Q) amended; Ord. 217-16, Eff. 12/10/2016. Divisions (b) and (b)(2)(P) amended; Ord. 129-17, Eff. 7/30/2017. Divisions (b)(1), (b)(1)(A), and (b)(1)(L) amended; Ord. 58-18, Eff. 5/13/2018. Divisions (b)(1)(E) and (F) amended; second division (b) (1)(L) added, former division (b)(2)(O) deleted; former divisions (b)(2)(P)-(S) redesignated as divisions (b)(2)(O)-(R); current divisions (b)(2)(O) and (b)(2)(R) amended; Ord. 296-18, Eff. 1/12/2019. Divisions (b)(1)(B) and (b)(1)(E) amended;

second division (b)(1)(L) and division (b)(1)(M) redesignated as (b)(1)(M)-(N); current divisions (b)(1)(M) and (b)(1)(N)(ii) amended; Ord. 63-20, Eff. 5/25/2020. New division (b)(1)(N) [1] added; Ord. 126-20, Eff. 8/31/2020. Second division (b) (1)(N) redesignated as (b)(1)(O); Ord. 136-21, Eff. 9/4/2021. Divisions (b)(1)-(b)(1)(B) and (b)(1)(E) amended; Ord. 122-23, Eff. 8/5/2023, and Ord. 159-23, Eff. 8/28/2023.

(See Interpretations related to this Section.)

(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 of a Building, as defined in Section 102, shall be increased to 40 feet, as measured at curb per Section 260, 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 provision, 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; Ord. 56-13, File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 188-15, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)

AMENDMENT HISTORY

Division (b)(1)(A) amended; Ord. 56-13, Eff. 4/27/2013. Division (b)(1)(A) amended; Ord. 188-15, Eff. 12/4/2015.

(a) The height limits established by this Article 2.5 shall apply to all signs regulated by this Code, except for Historic Signs and Vintage Signs defined in Section 602, and Historic Movie Theater Projecting Signs and Historic Movie Theater Marquees defined in Section 188(e) 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, Vintage Signs, Historic Movie Theater Projecting Signs, and Historic Movie Theater Marquees 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; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)

AMENDMENT HISTORY

Divisions (a) and (b) amended; Ord. 63-20, Eff. 5/25/2020.

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 unless otherwise specified herein. Any exceptions granted may be permitted only in the areas specified and only to the extent stated in each Section.

(Amended by Ord. 234-72, App. 8/18/72; Ord. 15-98, App. 1/16/98; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

SEC. 263.1. [REPEALED.]

(Added by Ord. 234-72, App. 8/18/72; repealed by Ord. 159-05, File No. 050297, App. 7/1/2005)

SEC. 263.2. [REPEALED.]

(Added by Ord. 234-72, App. 8/18/72; amended by Ord. 15-98, App. 1/16/98; repealed by Ord. 176-12, File No. 120472, App. 8/7/2012, Eff. 9/6/2012)

SEC. 263.3. [REPEALED.]

(Added by Ord. 234-72, App. 8/18/72; amended by Ord. 15-98, App. 1/16/98; repealed by Ord. 176-12, File No. 120472, App. 8/7/2012, Eff. 9/6/2012)

SEC. 263.4. SPECIAL EXCEPTIONS; SOUTH, EAST AND WEST OF CHINESE PLAYGROUND.

(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)

SEC. 263.5. SPECIAL EXCEPTIONS; EAST OF CHINESE PLAYGROUND ON NOB HILL.

(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)

SEC. 263.6. SPECIAL HEIGHT EXCEPTIONS: CHINATOWN CORNERS AND PARAPETS.

(a) In the Chinatown Community Business District, the Chinatown Visitor Retail District and the Chinatown Residential Neighborhood Commercial District, height exceptions to 50foot 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)

SEC. 263.7. SPECIAL HEIGHT EXCEPTIONS: NORTH OF MARKET RESIDENTIAL SPECIAL USE DISTRICT.

(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 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 Controller which shall be deposited in the Citywide Affordable Housing Fund established in Administrative Code Section 10.100-49 (the “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 Community Development (MOHCD) 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) Citywide Affordable Housing Fund. All fees collected by the Controller pursuant to this Section 263.7 shall be deposited in the Fund, but the fees shall be separately accounted for and expended by MOHCD as provided in this Section. All fees collected under this Section and 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 fees collected under this Section 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.

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 fees collected under this Section 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.

(h) Rules and Regulations for Implementation. The Director of MOHCD and the Director of City Planning shall prepare and submit to the 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 MOHCD 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; amended by Ord. 31-20, File No. 190458, App. 2/21/2020, Eff. 3/23/2020)

AMENDMENT HISTORY

Divisions (d), (e), (g), and (h) amended; Ord. 31-20, Eff. 3/23/2020.

SEC. 263.8. EXCEPTIONS TO HEIGHT LIMITS IN 80-130-F AND 80-130-X HEIGHT AND BULK DISTRICTS.

(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)

SEC. 263.9. HEIGHT LIMITS: SPECIAL EXCEPTIONS FOR UPPER TOWER EXTENSIONS IN S DISTRICTS.

(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 C of Section 271 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; Ord. 51-09, File No. 081620, App. 4/2/2009)

SEC. 263.10. SPECIAL EXCEPTIONS: 200-400-S SPECIAL HEIGHT AND BULK DISTRICT.

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)

SEC. 263.11. [REPEALED.]

(Added by Ord. 115-90, App. 4/6/90; amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; repealed by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

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)

SEC. 263.18. SPECIAL HEIGHT AND BULK DISTRICT: TRANSBAY DOWNTOWN RESIDENTIAL DISTRICT.

Development controls, including height and bulk, in the "TB" bulk district are governed by the Development Controls and Design Guidelines for the Transbay Redevelopment Project document and companion documents as part of the Transbay Redevelopment Plan as approved by the Planning Commission on December 9, 2004 and January 13, 2005. Building heights, locations, setbacks, and bulk limits are specifically established in these documents. Building heights associated with bulk designation "TB" on Sectional Map No. 1H of the Zoning Map are generalized, and describe a range of building heights per block, with the largest number describing the maximum tower height per block, and the smallest number describing the lowest maximum building height per block.

(Ord. 94-06, File No. 050182, App. 5/19/2006)

Editor's Note:

After the addition of this section to the Code, Ord. 72-08, approved 4/30/2008, enacted a new section with the same number as this section. That new section was redesignated 263.20 by the editor.

SEC. 263.19. HEIGHT LIMITS: PERMITTED PODIUM AND TOWER HEIGHTS IN THE R BULK DISTRICTS.

(a) Intent. The general development concept for R Bulk Districts is of podium buildings that vary from 65 to 170 feet in height depending on the district and location, with adequately spaced slender towers up to 650 feet in height rising above the podium buildings.

(b) Maximum Height Controls for Podiums and Towers. In the R bulk districts, which include the R, R-2, and R-3 bulk districts as designated on Sectional Map No. HT01, HT02, and HT07 of the Zoning Map, maximum permitted building heights for both podiums and towers are expressed as two numbers separated by a slash. The number preceding the slash represents the height limit for podium buildings. The number following the slash represents the height limit for towers. No building may exceed the podium height limit except for towers meeting the bulk and tower spacing controls established in Section 270(e) and (f).

(c) Maximum Height Controls for Podiums and Towers in the R-2 Bulk District and the Van Ness & Market Residential Special Use District. In the R-2 bulk district and within the Van Ness & Market Residential Special Use District, maximum permitted building heights for both podiums and towers are expressed as two sets of numbers separated by a double slash in the format described above, in subsection (b). Each set of numbers represents the maximum heights for podium and tower applicable to the parcel and as regulated per subsection (b) above as follows: The first set of numbers represents the principally permitted height limits for the parcel, both for the podium and for the tower. The second set of numbers after the double slash represents the maximum height limits for podium and tower that can be granted by the Planning Commission for that parcel through an exception pursuant to the procedures and findings of Section 309(a)(17).

(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; amended by Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020)

AMENDMENT HISTORY

Section header and divisions (a) and (b) amended; division (c) added; Ord. 126-20, Eff. 8/31/2020.

SEC. 263.20. SPECIAL HEIGHT EXCEPTION: ADDITIONAL FIVE FEET HEIGHT FOR ACTIVE GROUND FLOOR USES IN CERTAIN

DISTRICTS.

(a) Intent. In order to encourage generous ground floor ceiling heights for commercial and other active uses, encourage additional light and air into ground floor spaces, allow for walkup ground floor residential uses to be raised slightly from sidewalk level for privacy and usability of front stoops, and create better building frontage on the public street, up to an additional 5' of height is allowed along major streets in NCT districts, or in specific districts listed below, for buildings that feature either higher ground floor ceilings for non-residential uses or ground floor residential units (that have direct walk-up access from the sidewalk) raised up from sidewalk level.

(b) Applicability. The special height exception described in this section shall only apply to projects that meet all of the following criteria:

(1) project is located in a 30-X, 40-X or 50-X Height and Bulk District as designated on the Zoning Map;

(2) project is located in one of the following districts:

(A) in an NCT district as designated on the Zoning Map;

(B) in the Castro Street, Inner Clement Street, Outer Clement Street, Excelsior Outer Mission Street, Irving Street, Japantown, Judah Street, Noriega Street, Taraval Street, and 24th Street – Noe Valley NCDs;

(C) on a NC-2 designated parcel on Balboa Street between 2nd Avenue and 8th Avenue, and between 32nd Avenue and 39th Avenue;

(D) on a NC-1 designated parcel within the boundaries of Sargent Street to Orizaba Avenue to Lobos Street to Plymouth Avenue to Farallones Street to San Jose Avenue to Alemany Boulevard to 19th Avenue to Randolph Street to Monticello Street and back to Sargent Street;

(E) on a NC-3 designated parcel fronting on Geary Boulevard from Masonic Avenue to 28th Avenue, except for parcels on the north side of Geary Boulevard between Palm Avenue and Parker Avenue; or

(F) on a parcel zoned NC-1 on Noriega, Irving, Taraval, or Judah Streets west of 19th Avenue.

(3) project features ground floor commercial space or other active use as defined by Section 145.1(b)(2) with clear ceiling heights in excess of ten feet from sidewalk grade, or in the case of residential uses, such walk-up residential units are raised up from sidewalk level;

(4) said ground floor commercial space, active use, or walk-up residential use is primarily oriented along a right-of-way wider than 40 feet;

(5) said ground floor commercial space or active use occupies at least 50% of the project's ground floor area; and

(6) except for projects located in NCT districts, the project sponsor has conclusively demonstrated that the additional 5' increment allowed through Section 263.20 would not add new shadow to any public open spaces.

(c) One additional foot of height, up to a total of five feet, shall be permitted above the designated height limit for each additional foot of ground floor clear ceiling height in excess of 10 feet from sidewalk grade, or in the case of residential units, for each foot the unit is raised above sidewalk grade.

(Added by Ord. 72-08, File No. 071157, App. 4/30/2008; amended by Ord. 5-10, File No. 090319, App. 1/22/2010; Ord. 25-11, File No. 101464, App. 2/24/2011; Ord. 170-11, File No. 110592, App. 8/8/2011, Eff. 9/7/2011; Ord. 35-12, File No. 111305, App. 2/21/2012, Eff. 3/22/2012; Ord. 92-12, File No. 111247, App. 5/21/12, Eff. 6/20/12; Ord. 175-12, File No. 120241, App. 8/7/2012, Eff. 9/6/2012; Ord. 226-12, File No. 120774, App. 10/29/2012, Eff. 11/28/2012; Ord. 56-13, File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 261-13, File No. 130084, App. 11/27/2013, Eff. 12/27/2013; Ord. 227-14, File No. 120796, App. 11/13/2014, Eff. 12/13/2014; Ord. 229-15, File No. 151126, App. 12/22/2015, Eff. 1/21/2016)

AMENDMENT HISTORY

[Former] division (b)(2)(D) amended; Ord. 170-11, Eff. 9/7/2011. Section header and division (b)(1) amended; Ord. 35-12, Eff. 3/22/2012. Division (b)(2)(B) amended; new [now former] divisions (b)(2)(D) and (F) added; former division (b)(2) (D) redesignated as [former] (b)(2)(E); Ord. 92-12, Eff. 6/20/12. Section header and division (a) amended; new [now former] divisions (b)(2)(G), (H), (I), and (J) added; Ord. 175-12, Eff. 9/6/2012. Division (b)(2)(B) amended; division (c) diagram replaced; Ord. 226-12, Eff. 11/28/2012. Graphical material amended; Ord. 56-13, Eff. 4/27/2013. Divisions (b)(2) and (b)(2)(B) amended; former division (b)(2)(C) deleted; former divisions (b)(2)(D), (E), and (F) redesignated as (b)(2) (C), (D), and (E); former division (b)(2)(G) redesignated as (b)(2)(F) and amended; former divisions (b)(2)(H), (I), and (J) deleted; Ord. 261-13, Eff. 12/27/2013. Division (b)(2)(B) amended; Ord. 227-14, Eff. 12/13/2014. Division (b)(2)(B) amended; Ord. 229-15, Eff. 1/21/2016.

Editor's Notes:

Ordinance 72-08, approved 4/30/2008, enacted new sections designated 263.18 and 263.20. The editor redesignated those two sections as this Sec. 263.20 and Sec. 263.22, respectively.

This section subsequently has been amended under its current number by multiple ordinances, as documented in the history note above.

After the addition of this section to the Code, Ord. 200-08, approved 8/22/2008, enacted a new section with the same number as this section. That new section was redesignated and codified as Sec. 263.23 by the editor.

SEC. 263.21. SPECIAL HEIGHT EXCEPTIONS: VERTICAL NON-HABITABLE ARCHITECTURAL ELEMENTS IN THE EASTERN

NEIGHBORHOODS MIXED USE DISTRICTS.

(a) Purpose. In order to allow for vertical architectural elements on large lots which will mitigate the effect of long, monotonous individual buildings and create visual focal points that build upon the architectural tradition and character of an area, certain architectural elements may be excepted from otherwise applicable height limits. The mostly topographically flat Eastern Neighborhoods, particularly the South or Market, Showplace, and Mission Districts have a strong tradition of larger and longer buildings incorporating vertical architectural elements above the predominant roofline. These vertical elements are proportioned to the building and are generally not visible on the skyline or distant views.

(b) Applicability. This Section shall apply to all projects subject to Section 329 in the Eastern Neighborhoods Mixed Use Districts which are also located in Height and Bulk Districts of 85 feet or less.

(c) Controls. Additional height for non-habitable architectural building elements, as illustrated in Figure 263.21, may be permitted subject to the 329 procedure for exemptions subject to the following criteria:

(1) Only one such element shall be permitted per lot;

(2) Such element shall not exceed 1,000 square feet in gross floor area;

(3) Such element shall not have a plan dimension greater than 50 feet;

(4) The height of such element shall not exceed a height equal to 50 percent of the applicable height limit; and

(5) Such elements shall be consistent with the design, materials and character of the building.

Figure 263.21

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008)

SEC. 263.22. SPECIAL HEIGHT EXCEPTIONS: FULTON STREET GROCERY STORE SPECIAL USE DISTRICT 40-X/50-X HEIGHTS

DISTRICT.

(a) In the 40-X/50-X Height and Bulk District, as designated on Section Map 2H of the Zoning Map, located within the boundaries Fulton Street Grocery Store Special Use District, height exceptions above the 40-foot base height limit to a maximum of 50 feet may be approved for a project in accordance with the Conditional Use procedures. The criteria for granting such height exceptions shall be those set forth below.

(b) The project must meet all of the criteria and controls of Section 249.34 (Fulton Street Grocery Store Special Use District).

(c) The allowances of Section 263.18(c) providing for additional height shall apply in this Special Use District regardless of whether the criteria in Section 263.18(b)(4) requiring orientation along a right-of-way wider than 40 feet or the criteria of Section 263.18(c) related to the 70-foot depth limitation is met.

(d) The controls of this Section are effective only if a grocery store subject to the requirements of this section is approved by the Planning Commission within five years of the effective date of this ordinance.

(Ord. 72-08, File No. 071157, App. 4/30/2008)

Editor's Notes:

This section originally was designated 263.20 when enacted by Ord. 72-08, approved 4/30/2008. The section was redesignated by the editor.

After the addition of this section to the Code, Ord. 248-09, approved 12/3/2008, enacted a new section with the same number as this section. That new section was redesignated 263.22A by the editor.

SEC. 263.22A. [REPEALED.]

(Added by Ord. 248-09, File No. 090388, App. 12/3/2009; repealed by Ord. 15-14, File No. 131086, App. 2/14/2014, Eff. 3/16/2014)

Editor's Notes:

This section originally was designated 263.22 when enacted by Ord. 248-09, approved 12/3/2009. The section was redesignated by the editor in order to avoid conflicting with previously existing material. The section was repealed under its current section number as shown in the history note above.

For current provisions relating to the 1500 Page Street Affordable Housing Special Use District, see Sec. 249.47.

SEC. 263.23. SPECIAL EXCEPTIONS: HUNTERS VIEW SPECIAL USE DISTRICT AND THE 40/65-X HEIGHT AND BULK DISTRICT.

(a) General. In the Hunters View Special Use District and the 40/65-X Height and Bulk District, exceptions to the 40-foot base height up to 65 feet may be approved by the Planning Commission, in appropriate cases, as part of a Planned Unit Development, and as provided herein.

(b) Purpose. The San Francisco Housing Authority, in partnership with the San Francisco Redevelopment Agency, proposes to demolish the existing public housing on the Hunters View site and to develop a mixture of public housing, affordable rental and ownership housing, and market-rate housing to replace it. It is anticipated that the project will be developed in multiple phases. Proceeds from the sale of the market rate units will be used to cross-collateralize the construction of the public housing and rental units. In order to achieve a successful program, the density of the Hunters View site will be increased from 267 units to up to 800 units. Due to the difficult topography of the site, such density cannot be achieved without an increase in the height limit for the site.

(c) Height Exceptions. 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 does not exceed 65 feet.

(2) The principal use of the building or structure for which the additional height is sought is residential.

(3) The additional height will not add significant shadows on property under the jurisdiction of the Recreation and Park Commission pursuant to Section 295.

(4) The development as a whole, and any building or structure that is over 40 feet, provides an appropriate transition to adjacent higher or lower buildings or structures.

(5) No more than 35% of the gross area of the site will contain buildings or structures exceeding 50 feet in height and no more than 50% of the gross area of the site will contain buildings or structures exceeding 40 feet in height, as measured pursuant to Section 304(d)(6). Building heights in excess of 40 feet shall only be allowed in accordance with a Design for Development or other design guidelines approved by the Planning Commission as a part of a Planned Unit Development. Where such a Design for Development or other design guidelines is approved as part of a Planned Unit Development and provides more stringent restrictions on the amount of site area that can contain buildings over 40 feet than set forth in this subsection (5), the said Design for Development or design guidelines shall govern.

(Added by Ord. 200-08, File No. 080691, App. 8/22/2008)

Editor's Note:

This section was originally designated 263.20 when enacted by Ord. 200-08, approved 8/22/2008. The section was redesignated by the editor in order to avoid conflicting with previously existing material.

SEC. 263.24. SPECIAL EXCEPTIONS: CANDLESTICK POINT ACTIVITY NODE SPECIAL USE DISTRICT AND THE CP HEIGHT AND BULK

DISTRICT.

(a) Boundaries of the CP Height and Bulk District. The boundaries of the CP Height and Bulk District are set forth in Sectional Maps HT09 and HT010 of the Zoning Map of the City and County of San Francisco. The boundaries of the CP Height and Bulk District correlate with the boundaries of Zone 1 of the Bayview Hunters Point Redevelopment Project Area. A large portion of the Candlestick Point Recreation Area is included in this Height and Bulk District.

(b) Purpose. The purpose of both the Candlestick Point Activity Node Special Use District and the CP Height and Bulk District is to enable development of the Candlestick Point Hunters Point Shipyard Phase 2 Development Project, a high density, transit-oriented, mixed-use development (housing, retail, office, performance venue, and community uses) with significant public open space and public realm improvements in the Bayview Hunters Point Project Zone 1 area, as provided in the Bayview Hunters Point Redevelopment Plan, as amended, dated August 3, 2010, the Candlestick Point Design for Development document dated June 3, 2010, and the Candlestick Point Subarea Plan of the Bayview Hunters Point Area Plan.

(c) Controls.

(1) In the Candlestick Point Activity Node Special Use District and the CP Height and Bulk District, heights and bulk and definitions applicable thereto will be governed by the Candlestick Point Design for Development document dated June 3, 2010 and the Bayview Hunters Point Redevelopment Plan, as amended, dated August 3, 2010.

(2) Heights within the Candlestick Point State Recreation Area shall be restricted pursuant to the provisions of the Bayview Hunters Point Redevelopment Plan, amended on August 3, 2010, and the Candlestick Point Design for Development document dated June 3, 2010.

(3) Amendments to land use and development controls under the Bayview Hunters Point Redevelopment Plan or to the Candlestick Point Design for Development document dated June 3, 2010 shall be as provided in each of those respective documents.

(Added by Ord. 208-10, File No. 208-10, App. 8/3/2010)

SEC. 263.25. SPECIAL EXCEPTIONS: HUNTERS POINT SHIPYARD PHASE 2 SPECIAL USE DISTRICT AND THE HP HEIGHT AND BULK

DISTRICT.

(a) Boundaries of the HP Height and Bulk District. The boundaries of the HP Height and Bulk District are set forth in Sectional Map HT09 of the Zoning Map of the City and County of San Francisco. The boundaries of the HP Height and Bulk District generally correlate with the contiguous boundaries of Phase 2 of the Hunters Point Shipyard development as shown on the Land Use Map attached to the Hunters Point Shipyard Redevelopment Plan, as amended on August 3, 2010

(b) Purpose. The purpose of both the Hunters Point Shipyard Phase 2 Special Use District and the HP Height and Bulk District is to enable development of the Candlestick PointHunters Point Shipyard Phase 2 Development Project, a high density, transit-oriented, mixed-use development (housing, retail, office, sports fields and stadium, artist space and other community uses) with significant public open space and public realm improvements, as provided in the Hunters Point Shipyard Redevelopment Plan, as amended, dated August 3, 2010, the Hunters Point Shipyard Design for Development document dated June 3, 2010, and the Hunters Point Shipyard Area Plan. Integral to the intended mixed-use development is the provision of buildings at a variety of heights, ranging from approximately 40 feet to 370 feet tall.

(c) Controls.

(1) In the Hunters Point Shipyard Phase 2 Special Use District and the HP Height and Bulk District, height and bulk and definitions applicable thereto will be governed by the Hunters Point Shipyard Redevelopment Plan, as amended on August 3, 2010, and the Hunters Point Shipyard Phase 2 Design for Development document dated June 3, 2010.

(2) Amendments to land use and development controls under the Hunters Point Redevelopment Plan or to the Hunters Point Shipyard Phase 2 Design for Development document shall be as provided in those respective documents.

(Added by Ord. 208-10, File No. 208-10, App. 8/3/2010)

SEC. 263.26. SPECIAL EXCEPTIONS: TREASURE ISLAND/YERBA BUENA ISLAND HEIGHT AND BULK DISTRICT.

(a) Boundaries of the Treasure Island/Yerba Buena Island Height and Bulk District. The boundaries of the Treasure Island/Yerba Buena Island Height and Bulk District are set forth in Sectional Map HT14 of the Zoning Map of the City and County of San Francisco. The boundaries of the Treasure Island/Yerba Buena Island Special Height and Bulk District include all areas of Treasure Island and Yerba Buena Island as shown on Zoning Map ZN14. Any property within the Treasure Island/Yerba Buena Island Special Height and Bulk District owned by the United States Department of Labor, United States Coast Guard, Federal Highway Administration or California Department of Transportation is hereby declared to be in a 40-X height and bulk district unless reclassified in accordance with the provisions of this Code.

(b) Purpose. The purpose of both the Treasure Island/Yerba Buena Island Height and Bulk District is to enable development of Treasure Island and Yerba Buena Island as a new highdensity, mixed-use, sustainable community consistent with the Objectives and Policies set forth in the Treasure Island/Yerba Buena Island Area Plan, Planning Code Section 249.52 (the Treasure Island/Yerba Buena Island Special Use District) and the Design for Development referenced therein.

(c) Controls.

(1) In the Treasure Island/Yerba Buena Island Height and Bulk District, height and bulk and definitions applicable thereto are governed by Planning Code Section 249.52 (the Treasure Island/Yerba Buena Island Special Use District) and the Treasure Island and Yerba Buena Island Design for Development referenced therein.

(2) Amendments to the height and bulk controls in this Treasure Island/Yerba Buena Island Project Height and Bulk district shall be as provided in Section 249.52.

(Added by Ord. 98-11, File No. 110229, App. 6/15/2011, Eff. 7/15/2011)

SEC. 263.27. SPECIAL EXCEPTIONS: EXECUTIVE PARK SPECIAL USE DISTRICT AND THE 65/240 EP HEIGHT AND BULK DISTRICT.

(a) Boundaries of the 65/240 EP Height and Bulk District. The boundaries of the EP Height and Bulk District are set forth in Sectional Map HT10.

(b) Controls. In the 65/240 EP Height and Bulk District, height and bulk limitations are as follows:

(1) There are no bulk limits for portions of buildings below 85 feet in height. Other design requirements pursuant to the Executive Park Design Guidelines, as established by Planning Commission Resolution 18352, including but not limited to design requirements related to modulating building mass, among other topics, shall apply. The Executive Park Design Guidelines are on file with the Clerk of the Board of Supervisors in File No. 110626 and incorporated into this Section by this reference. The Executive Park Design Guidelines also are on file with the Planning Department in File No. 2006.0422EMUTZ.

(2) Conditional Use for buildings taller than 40-feet in an "R" District is not required for lots within this Special Use District.

(3) Height is limited to 65 feet with the following exceptions:

(A) Buildings throughout the 65/240 EP Height and Bulk District may be built an additional three feet in height to 68 feet if the additional three feet in height is added to the ground floor relative to ground floor heights otherwise required by the Planning Code.

(B) Building frontages along Harney Way, or the Harney Way setback line as shown on Figure 263.27(A), and along Alana Way, may be built to 85 feet measured for a depth of 70 feet relative to the front of the buildable area of the lot. Buildings or portions of buildings on any remaining portion of a lot along Harney Way or Alana Way are limited to a height of 65 feet (or 68 feet if otherwise allowed by this section), measured from the upper elevation of the portion of the lot beyond a depth of 70 feet from the front of the buildable area of the lot.

Figure 263.27(A)

(C) Buildings along Executive Park North may be built to 85 feet, measured from the Executive Park North curb for a depth of 70 feet from the front of the buildable area of the lot.

(D) For Assessor's Block 4991, Lot 075, buildings may be built to a height of 85 feet on the portion of the lot identified as new Block "5" as shown in Figure 263.27(A), the northwest corner of which is located approximately 20 feet south of the northwest corner of Assessor's Block 4991, Lot 075.

(4) Towers. Three towers (buildings taller than 85 feet) are allowed within the EP Height and Bulk District as described below:

(A) Tower A:

Block 4991, Lot 085. The northeast corner of the tower must be located at the corner of Executive Park North and the new publicly

Location:

accessible street and must front directly onto Executive Park North, as shown on Figure 263.27(A).

Height: 240 feet

Separation: 150 feet from other towers

Plan Length Maximum: 110 feet

Plan Diagonal Maximum: 150 feet

Floor Plan Maximum: 10,000 square feet of gross floor area

The longer plan dimension of the tower must be perpendicular to Orientation: Executive Park North.

(B) Tower B:

Block 4991, Lot 086. The tower must be located at the northwest

Location: corner of the lot fronting both Executive Park North and Thomas

Mellon Circle as shown on Figure 263.27(A).

Height: 200 feet

Separation: 150 feet from other towers

Plan Length: 110 feet

Plan Diagonal: 150 feet

Floor Plan Maximum: 10,000 square feet of gross floor area

The longer plan dimension of the tower must be perpendicular to Orientation: Executive Park North.

(C) Tower C:

Block 4991, Lot 075. On the portion of the lot identified as new Block "6" the tower must be located such that the northeast corner of the

Location:

tower is approximately 340 feet east of Executive Park West and 215 feet south of Executive Park North as shown in Figure 263.27(A).

Height: 170 feet

Separation: 150 feet from other towers

Plan Length: 125 feet

Plan Diagonal: 150 feet

Floor Plan Maximum: 10,500 square feet of gross floor area

(Added by 144-11, File No. 110625, App. 7/18/2011, Eff. 8/17/2011)

SEC. 263.28. SPECIAL EXCEPTIONS: SALI DISTRICTS IN THE 40-55-X HEIGHT AND BULK DISTRICT.

(a) Purpose. Arts activities are encouraged in the Western SoMa Planning Area Special Use District, and especially in the SALI District. Therefore, additional development potential is provided in the SALI District when additional space is provided for the exclusive use of arts activities.

(b) Applicability. This Section shall apply to all properties zoned SALI and a Height and Bulk district of 40-55-X.

(c) Controls.

(1) Additional Height Permitted. In SALI Districts in the 40-55-X Height and Bulk District, buildings are limited to a maximum height of 40 feet unless all of the following criteria are met, in which case they may extend to a maximum height of 55 feet:

(A) At least one Story of the Building, as defined in Section 102, located on the First Story or above, as defined in Section 102 under the definition for Story, is designated for the exclusive use of Arts Activities, as defined in Section 102. If the First Story is designed for the use of Arts Activities, it shall also be permitted to contain lobbies, egress, building services, and other features necessary for the operation of the building and permitted uses elsewhere in the building.

(B) Any such story dedicated to arts activities pursuant to Subsections (2) and (3) below, regardless of its location within the building, shall have a minimum floor-to-floor height of 15 feet.

(2) Timing of Designation. In the case of the new construction of a building that extends beyond 40 feet in height, exclusive of permitted obstructions under Section 260(b), any designated arts activity story shall be established prior to the issuance of a first building permit or along with any associated Planning Commission action, whichever occurs first. In the case of buildings that were constructed prior to the effective date of this Section that would be expanded such that they would extend beyond 40 feet in height, exclusive of permitted obstructions under Section 260(b), any such story shall be designated prior to the issuance of any building permit or along with any associated Planning Commission action, whichever occurs first.

(3) Recordation of Designation. Notice of the designation of the arts activities story shall be recorded as a restriction on the deed of the property along with plans clearly depicting the designated story in relation to the balance of the building. A designated arts activity story may be re-designated to a different story within the same building only if the newly designated story meets the minimum criteria listed above. Such re-designation shall follow all required procedures listed in this Section for the initial designation of an arts activities story. In no case may the designated arts activity story be converted to a use other than arts activity without complete removal of all portions of the building that extend above 40 feet in height, exclusive of permitted obstructions under Section 260(b).

(Added by Ord. 42-13, File No. 130002, App. 3/28/2013, Eff. 4/27/2013; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Division (c)(1)(A) amended; Ord. 22-15, Eff. 3/22/2015.

SEC. 263.29. SPECIAL HEIGHT EXCEPTIONS: PERMITTED BUILDING HEIGHTS IN THE WESTERN SOMA SPECIAL USE DISTRICT.

In the 40-X/50-X, 40-X/65-B, 45-X/65-B, 55-X/65-B, and 65-B/75-B Height and Bulk Districts, as designated on Section Maps HT01, HT07, and HT08 of the Zoning Map, located within the boundaries of the Western SoMa Special Use District, but excluding those properties in the SALI District, height exceptions above the base height limit to the maximum height limit may be approved for a project in accordance with the procedures and criteria required for a conditional use authorization as set forth in Sections 303 and 823(c)(12) of this Code.

(Added by Ord. 42-13, File No. 130002, App. 3/28/2013, Eff. 4/27/2013)

(See Interpretations related to this Section.)

(a) The limits upon the bulk of buildings and structures shall be as stated in this Section 270 and in Sections 271 and 272. The terms Diagonal Dimension, Height, Length, and Plan 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.

(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 and S-2 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. In the C-3-O(SD) District additional requirements for building base and streetwall articulation and setbacks are described in Section 132.1.

(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.

e 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.

(4) Buildings Taller than 650 Feet in the S-2 Bulk District. For buildings taller than 650 feet in height in the S-2 Bulk District, the following controls shall apply in lieu of the controls of subsections (1)-(3):

(A) Lower Tower. There are no bulk controls for the lower tower except as required by Section 132.1. The lower tower for such buildings shall be defined as the bottom two-thirds of the building from sidewalk grade to roof of the uppermost occupied floor.

(B) Upper Tower. The average floor size of the upper tower shall not exceed 75 percent of the average floor size of the lower tower, and the average diagonal dimension shall not exceed 87 percent of the average diagonal dimension of the lower tower.

(i) In determining the average floor size and average diagonal of the upper tower, unoccupied architectural elements permitted according to Section 260(b)(1)(M), except for levels consisting of singular spires with a diagonal in cross-section of less than 18 feet, may be included in the calculations if the Planning Commission determines, according to the procedures of Section 309, that such unoccupied architectural elements produce a distinct visual tapering of the building as intended by the controls of subsection (B) and create an elegant profile for the upper tower from key public vantage points throughout the City and beyond. In calculating the floor size and diagonal of such architectural elements, a cross section floor proscribed by the most distant outside points of all elements shall be assumed at 12.5-foot intervals.

(e) Rincon Hill and South Beach. In Bulk District R (Rincon Hill and South Beach DTR Districts), bulk limitations are as follows:

(1) There are no bulk limits below the podium height as described in Section 263.19, except for the lot coverage limitations and setback requirements described in Sections 825 and 827.

(2) Tower Bulk and Spacing. All portions of structures above the podium height as described in Section 263.19 shall meet the following bulk limitations, as illustrated in Chart C.

(A) Buildings between the podium height limit and 240 feet in height may not exceed a plan length of 90 feet and a diagonal dimension of 120 square feet.

(B) Buildings between 241 and 300 feet in height may not exceed a plan length of 100 feet and a diagonal dimension of 125 feet, and may not exceed a maximum average floor area of 8,500 gross square feet.

(C) Buildings between 301 and 350 feet in height may not exceed a plan length of 115 feet and a diagonal dimension of 145 feet. They may not exceed a maximum average floor area of 9,000 gross square feet.

(D) Buildings between 351 and 550 feet in height may not exceed a plan length of 115 feet and a diagonal dimension of 145 feet. They may not exceed a maximum average floor area of 10,000 gross square feet.

(E) To allow variety in the articulation of towers, the floor plates of individual floors may exceed the maximums described above by as much as 5 percent, provided the maximum average floor plate is met.

(F) To encourage tower sculpting, the gross floor area of the top one-third of the tower shall be reduced by 10 percent from the maximum floor plates described in (A) - (D) above, unless the overall tower floor plate is reduced by an equal or greater volume.

(G) In order to provide adequate sunlight and air to streets and open spaces, a minimum distance of 115 feet must be preserved between all structures above 110 feet in height at all levels above 110 feet in height. Spacing shall be measured horizontally from the outside surface of the exterior wall of the subject building to the nearest point on the closest structure above 110 feet in height. Any project that is permitted pursuant to the exception described in Section 270(e)(3) shall not be considered for the purposes of measuring tower spacing pursuant to this Section.

(H) The procedures for granting special exceptions to bulk limits described in Section 271 shall not apply; exceptions may be granted pursuant to Sections 270(e)(3) and 270(e)(4).

(I) Additional setback, lot coverage, and design requirements for the DTR Districts are described in Sections 825, 827, 828 and 829.

(3) Exceptions to tower spacing and upper tower sculpting requirements in Rincon Hill DTR. An exception to the 115 feet tower spacing requirement and the upper tower sculpting requirement described in (e)(2)(F) and (G) above may be granted to a project only on Block 3747 on a lot formed by the merger of part or all of Lots 001E, 002 and 006, pursuant to the procedures described in 309.1 of this Code provided that projects meet the following criteria:

(A) Applications for environmental review and conditional use related to a building above 85 feet in height on the subject lot have been filed with the Department prior to March 1, 2003 and February 1, 2005, respectively;

(B) Given the 115 tower spacing requirement described in (G) above, the existence of an adjacent building greater than 85 feet in height precludes the development of a tower on the subject lot;

(C) The subject lot has a total area of no less than 35,000 square feet;

(D) The proposed project is primarily residential and has an area of no more than 528,000 gross square feet;

(E) The proposed project conforms to all other controls described or referenced in Section 827 and any other controls in this Code related to the Rincon Hill DTR District.

(F) For the purposes of subsection (D) above, the term "gross square feet" shall be the sum of the gross areas of all floors of a building or buildings above street grade measured from the exterior faces of exterior walls or from the center lines of walls separating two buildings, excluding area below street grade. Where columns are outside and separated from an exterior wall (curtain wall) which encloses the building space or are otherwise so arranged that the curtain wall is clearly separated from the structural members, the exterior face of the curtain wall shall be the line of measurement, and the area of the columns themselves at each floor shall also be counted.

(4) Allowance for limited reduction in spacing from existing towers in Rincon Hill DTR. To allow limited variation in tower placement from towers for which a certificate of occupancy has been issued prior to February 1, 2005, a reduction in tower spacing described in (e)(2)(G) above may be granted pursuant to the procedures described in 309.1 of this Code if all the following criteria are met:

(A) For every percent reduction from the maximum average floor area as described in (2) above, an equal percent reduction in tower separation may be granted subject to the following limits:

(i) Up to a height of one-and-one-half times the maximum permitted podium height, tower spacing described in (e)(2)(G) above may be reduced by not more than 15 percent;

(ii) up to a height of 180 feet, tower spacing described in (e)(2)(G) above may be reduced by not more than 10 percent; and

(iii) all floors above 180 feet achieve the full 115-foot minimum tower spacing requirement described in (e)(2)(G) above. A project may average the tower separation of all floors below 180 feet so long as the requirements of (ii) and (iii) herein are satisfied.

(5) Exceptions to Tower Bulk, Upper Tower Sculpting and Tower Spacing Requirements on Block 3764. Exceptions to the tower bulk, upper tower sculpting and tower spacing requirements described in Subsections (e)(2)(A), (F) and (G) above may be granted to a project only on Block 3764, Lot 063, pursuant to the procedures described in Section 309.1 of this Code, provided that the project meets all of the following criteria:

(A) Within 115 feet of Block 3764, Lot 063, there is a tower greater than 85 feet in height as part of a building that has received a First Construction Document;

(B) The project involves the construction of, or alteration to, a tower of no more than 250 feet in height;

(C) The subject lot has a total area of no more than 15,000 square feet;

(D) A minimum distance of 82 feet is preserved between any structures on the parcel and any other structure on or off the parcel above 110 feet in height at all levels above 110 feet in height. Spacing shall be measured horizontally from the outside surface of the exterior wall of structures, which shall include those features described in Planning Code Section 136(c)(2) and (3); and

(E) The project is primarily residential, contains no more than 250,000 gross square feet and provides on-site inclusionary affordable units equivalent to 15% of all units constructed on the site, which shall be subject to the requirements of the Inclusionary Affordable Housing Program under Planning Code Section 415 et seq., and the City's Inclusionary Affordable Housing Program Monitoring and Procedures Manual, as amended from time to time.

(f) Van Ness & Market Residential Special Use District. In Bulk District R-2 (Van Ness & Market Residential Special Use District), bulk limitations are as follows:

(1) Tower Bulk and Spacing. In the R-2 bulk district there are no bulk limitations below the podium height, and structures above the podium height shall meet the bulk limitations described in subsection (e)(2)(A)-(E). To ensure tower sculpting, the gross floor area of the top one-third of the height of the tower shall be reduced by not less than 10 percent from the maximum floor plates described in subsections (e)(2)(A) – (E) above, and the average diagonal of the top one-third of the height of the tower shall be reduced by not less than 13% from the average diagonal of the tower, unless the overall tower volume is reduced by an equal or greater volume.

(2) Exceptions. In the R-2 bulk district, the Planning Commission may grant bulk exceptions through the procedures and findings of Section 309(a)(17) to increase the allowed bulk of buildings up to the limits described in subsections (A) – (D) below. The procedures for granting exceptions to bulk limits described in Section 272 shall not apply.

(A) Towers up to 350 feet in height may not exceed an average floor area of 10,000 gross square feet.

(B) Towers taller than 350 feet may not exceed an average floor area of 12,000 gross square feet, maximum plan length of 150 feet, and maximum diagonal dimension of 190 feet.

(C) Towers taller than 550 feet in height districts of 590 feet and greater may not exceed an average floor area of 18,500 gross square feet between a podium height of 140 feet and 170 feet. Building mass above 150 feet shall be set back at least 10 feet from the property line for a minimum of 90% of all street frontages.

(D) Exceptions to the tower sculpting requirements described in subsection (f)(1) above may be considered up to the limits as follows:

(i) For towers less than 400 feet in height, the provision may be fully waived.

(ii) For towers taller than 400 feet in height, at least one-quarter of the tower’s floors shall be reduced by not less than 10% from the maximum floor areas described in (2)(B) above.

(iii) For towers between 500 and 550 feet in height, the average diagonal of the upper one-third of the height of the tower shall be reduced by not less than 5% of maximum diagonal dimension described in subsection 270(e), above.

(3) In order to provide adequate sunlight and air to streets and open spaces, a minimum distance of 115 feet must be preserved between all structures above the applicable podium height for the subject development lot. Spacing shall be measured horizontally from the outside surface of the exterior wall of the subject building to the nearest point on the closest structure above 120 feet in height.

(4) Exceptions shall be permitted as described in section (2)(a)-(c) above. The procedures for granting special exceptions to bulk limits described in Section 272 shall not apply.

(g) 1500 Mission Street Special Use District (Planning Code Section 249.12). In Bulk District R-3, bulk limitations are as follows:

(1) In height districts 130/240-R-3 and 130/400-R-3, there are no bulk limitations below 130 feet in height, and structures above 130 feet in height shall meet the following bulk limitations.

(A) Buildings between the podium height limit and 240 feet in height may not exceed a plan length of 170 feet and a diagonal dimension of 225 feet.

(B) Buildings between 241 and 400 feet in height may not exceed a plan length of 156 feet and a diagonal dimension of 165 feet, and may not exceed a maximum average floor area of 13,100 gross square feet. To encourage tower sculpting, the gross floor area of the top one-third of the tower shall be reduced by 7% from the maximum floor plate of the tower above the podium height limit unless the overall tower floor plate is reduced by an equal or greater volume.

(C) To provide adequate sunlight and air to streets and open spaces, a minimum distance of 115 feet must be preserved between all structures above 130 feet in height at all levels above 130 feet in height. Spacing shall be measured horizontally from the outside surface of the exterior wall of the subject building to the nearest point on the closest structure above 130 feet in height.

(2) The procedures for granting special exceptions to bulk limits described in Section 272 shall not apply.

(h) Bulk Limits within the Central SoMa Special Use District. In the CS Bulk District and height and bulk districts that allow heights of 65 feet and above and that are within the Central South of Market Special Use District, the bulk limits contained in this subsection 270(h) shall apply.

(1) Definitions. For purposes of this subsection, the definitions of Section 102 and the following definitions apply unless otherwise specified in this Section:

Apparent Mass Reduction. The percentage of the Skyplane that does not include the Projected Building Mass from the subject lot. For purposes of calculating Apparent Mass Reduction, any portion of the Projected Building Mass that projects above the Height limit shall be added to the projection within the Skyplane.

Base Height. The lowest Height from which the Skyplane is measured.

Lower Tower. The lower two-thirds of the Tower Portion of a Tower, rounded to the nearest floor.

Major Street. 2nd Street, 3rd Street, 4th Street, 5th Street, 6th Street, Mission Street, Howard Street, Folsom Street, Harrison Street, Bryant Street, Brannan Street, and Townsend Street.

Mid-Block Passage. Any passage created pursuant to Section 270.2.

Narrow Street. A right-of-way with a width of 40 feet or less and more than 60 feet from an intersection with a street wider than 40 feet.

Projected Building Mass. The portion of the subject building that projects into the Skyplane as viewed from the most directly opposite property line. This volume includes all parts and features of a building, including but not limited to any feature listed in Section 260(b).

Skyplane.

(i) A plane along each street-facing property line of the subject lot extending:

(aa) Vertically from the Base Height up to the Height limit for the subject lot; and

(bb) Horizontally for the length of the street-facing property line.

(ii) The figure below illustrates how a skyplane is to be measured:

Tower. Any building taller than 160 feet in Height.

Tower Portion. The portion of a Tower above 85 feet in Height.

Upper Tower. The upper one-third of the Tower Portion of a Tower, rounded to the nearest floor.

(2) Apparent Mass Reduction. Projects in the CS Bulk District are subject to the Apparent Mass Reduction controls of Table 270(h), as well as the setback requirements of Section 132.4.

• For projects that are required to provide PDR pursuant to Sections 202.8 and 249.78(c)(5), if such PDR is provided on the ground floor or above, add 3 vertical feet to the Base Height.

** For projects that are required to provide PDR pursuant to Sections 202.8 and 249.78 (c)(5), if such PDR is provided on the ground floor or above, add 3 vertical feet to the height where upper story setback is required pursuant to Section 261.1.

*** Any building that exceeds the height allowed by the applicable Height District shall comply with the apparent mass reduction requirement in this Table based on its actual height.

(3) Bulk Controls for Buildings Towers.

(A) Maximum Floor Area for the Tower Portion.

(i) For residential and hotel uses, the maximum Gross Floor Area of any floor is 12,000 gross square feet.

(ii) For all other uses, the maximum Gross Floor Area of any floor is 17,000 gross square feet and the average Gross Floor Area for all floors in the Tower Portion shall not exceed 15,000 gross square feet.

(B) Maximum Plan Dimensions for the Tower Portion.

(i) The maximum length shall be 150 feet.

(ii) The maximum diagonal shall be 190 feet.

(iii) For buildings with a Height of 250 feet or more, the average Gross Floor Area of the Upper Tower shall not exceed 85 percent of the average Gross Floor Area of the Lower Tower, and the average diagonal of the Upper Tower shall not exceed 92.5 percent of the average diagonal of the Lower Tower.

(4) Exceptions. Except as specifically described in this subsection (h) and in Section 329(e), no exceptions to the controls in the CS Bulk District shall be permitted. The procedures for granting special exceptions to bulk limits described in Section 272 shall not apply.

(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; Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 94-06, File No. 050182, App. 5/19/2006; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 208-10, File No. 208-10, App. 8/3/2010; Ord. 90-11, File No. 110301, App. 6/9/2011, Eff. 7/9/2011; Ord. 98-11, File No. 110229, App. 6/15/2011, Eff. 7/15/2011; Ord. 144-11, File No. 110625, App. 7/18/2011, Eff. 8/17/2011; 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. 217-15, File No. 151063, App. 12/16/2015, Eff. 1/15/2016; Ord. 101-17, File No. 170348, App. 5/24/2017, Eff. 6/23/2017; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 206-19, File No. 190048, App. 9/13/2019, Eff. 10/14/2019; Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020; Ord. 47-21, File No. 201175, App. 4/16/2021, Eff. 5/17/2021; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 58-24, File No. 231256, App. 3/22/2024, Eff. 4/22/2024)

AMENDMENT HISTORY

Table 270 row PM added; Ord. 90-11, Eff. 7/9/2011. Table 270 row TI added; Ord. 98-11, Eff. 7/15/2011. Table 270 row EP added; Ord. 144-11, Eff. 8/17/2011. Table 270 row S-2 added; divisions (d) and (d)(1) amended; new division (d)(4) added; Ord. 182-12, Eff. 9/7/2012. Table 270 row PM amended; former divisions (e)(3)(i) through (vi) redesignated as (e)(3)(A) through (F); former divisions (e)(4)(i) through (iv) redesignated as (e)(4)(A) through (e)(4)(A)(iii); Chart C replaced; Ord. 56-13, Eff. 4/27/2013. Divisions (e)(2)(I), (e)(3)(B), and (e)(3)(F) amended; Division (e)(5) added; Ord. 217-15, Eff. 1/15/2016. Division (g) added; Ord. 101-17, Eff. 6/23/2017. Table 270 row CS added; divisions (h)-(h)(4) and Table 270(h) added; Ord. 296-18, Eff. 1/12/2019. Division (a) amended; Ord. 206-19, Eff. 10/14/2019. Divisions (f) and (f)(1) amended; former divisions (f)(2)-(3) redesignated as (f)(3)-(4) and amended; new divisions (f)(2)-(f)(2)(D)(iii) added; Ord. 126-20, Eff. 8/31/2020. Division (h) amended; Table 270(h) amended; Ord. 47-21, Eff. 5/17/2021. Table 270 row IB added; Ord. 33-24, Eff. 3/23/2024. Division (a) amended; Table 270 row PY added; Ord. 58-24, Eff. 4/22/2024.

(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 General 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, or for the procedures for design review in Section 329 of this Code for subject projects in the Eastern Neighborhoods Mixed Use Districts.

(c) Criteria. In acting upon any application for a conditional use or modification 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 Sections 303(c) and 329 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; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 188-15, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)

AMENDMENT HISTORY

Division (a)(1) amended; former Chart C deleted; Ord. 188-15, Eff. 12/4/2015.

(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, provided, 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.

(6) 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; amended by Ord. 182-12, File No. 120665, App. 8/8/2012, Eff. 9/7/2012)

AMENDMENT HISTORY

Formerly undesignated concluding paragraph designated as division (a)(6); Ord. 182-12, Eff. 9/7/2012.

In the Open Space Districts designated by the symbol "OS" on Sectional Maps Nos. HT01 through HT13 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 General Plan, and no building or structure or addition thereto shall be permitted unless in conformity with the General 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 General Plan.

(Amended by Ord. 234-72, App. 8/18/72; Ord. 188-15, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)

AMENDMENT HISTORY

Section amended; Ord. 188-15, Eff. 12/4/2015.

(a) Purpose. The purpose of the Mission Rock Height and Bulk District is to enable development of Mission Rock as a mixed use, transit-oriented neighborhood, with significant open space, public access and affordable housing. The property within the District is divided into a number of separate blocks and varying height limits shall apply within such blocks as provided below. Design controls shall be adopted for the District to guide the design of improvements within the established height limits.

In approving the “Mission Rock Affordable Housing, Park, Jobs and Historic Preservation Initiative” (“Proposition D”) on November 3, 2015, the voters of the City and County of San Francisco established certain limits and parameters for the height and bulk of buildings at Mission Rock. These parameters are laid out in subsections (a)(1) through (5) below. The detailed height and bulk controls contained in subsections (b) through (g), adopted subsequent to approval of Proposition D, as described in the Mission Rock Special Use District in Section 249.80, are consistent with and implement these voter-established limitations and requirements. Mission Rock Design Controls (Design Controls), adopted by the Planning Commission and the Port Commission subsequent to approval of Proposition D, are incorporated by reference in Section 249.80.

The boundaries of the blocks and the height limits applicable within such blocks as shown in the graphic in subsection (b) below may only be modified in a manner consistent with all of the requirements set forth in the following subsections (a)(1) through (5), which requirements may not be amended without voter approval:

(1) Open Space. Approximately 8 acres of open space shall be provided within the District, and in these open space areas any buildings shall be limited in height to a single story, consistent with the height and bulk designation of OS (Open Space) in effect prior to the adoption of this Section 291 and the provisions of Planning Code Section 916.

(2) Pier 48. Pier 48, totaling approximately 5 acres (exclusive of the apron which shall remain as open space), shall be subject to a height limit of 40 feet and bulk designation of 40-X. No height limit in excess of 40 feet shall be established in the District within 100 feet landward of the shoreline of San Francisco Bay, measured from the mean high tide line as of the adoption of this Section 291.

(3) Lots Fronting Terry A. Francois Boulevard. Building frontages along the west side of the reconfigured Terry A. Francois Boulevard shall be no more than 40 feet in height, with height in excess of 40 feet stepping back from the street in accordance with the Design Controls. The maximum height of buildings on blocks fronting on the west side of reconfigured Terry A. Francois Boulevard shall be 120 feet, provided that floor area above 90 feet shall be used exclusively for residential uses and uses accessory thereto and/or restaurant uses.

more than 40 feet in height, with height in excess of 40 feet stepping back from the street in accordance with the Design Controls. The maximum height of buildings on blocks fronting on the west side of reconfigured Terry A. Francois Boulevard shall be 120 feet, provided that floor area above 90 feet shall be used exclusively for residential uses and uses accessory thereto and/or restaurant uses.

(4) Elsewhere in the District. Three buildings within the District shall be permitted to exceed a height of 190 feet; provided that (i) occupied floor area above 190 feet shall be used exclusively for residential uses and uses accessory thereto and/or restaurant uses, (ii) the maximum height of such buildings shall be 240 feet, and (iii) the Design Controls are in effect to ensure slender towers, including a requirement that typical floors above a height of 190 feet do not exceed 12,000 square feet of gross floor area, with minor variation permitted for articulation. Consequently, the typical floors above 190 feet in the three buildings combined shall comprise no more than about 3% of the approximately 28 acre area of the Mission Rock

Height and Bulk District. The height limit on all other blocks within the Mission Rock Height and Bulk District shall not exceed 190 feet or such lower height limit as may be required in accordance with the provisions of paragraphs (1) through (3) above.

(5) Maximum Area Subject to Increased Height Limit. As compared to the height limits in effect prior to the adoption of this Section 291, the height limit shall be increased on a maximum of 10 acres of the approximately 28 acre Mission Rock Height and Bulk District. The 18 acres on which the height limit is not increased shall include: (i) areas to be devoted to open space (approximately 8 acres), (ii) the circulation network for pedestrians, bicycles and vehicles (approximately 5 acres), and (iii) Pier 48 (approximately 5 acres).

(b) Height Limits. The height limits applicable to the blocks within the Mission Rock Height and Bulk District are as shown on the graphic below.

Figure 291-MR1, Maximum Height and Bulk Plan

(c) Height and Bulk Measurement. Maximum building heights shall be measured from the highest point of the finished grade (as referenced in the Design Controls) along the property line, up to the highest point of the uppermost structural slab in the case of a flat roof, and up to the average height of the rise in the case of a pitched or stepped roof, or similarly sculptured roof form. Maximum Base Building heights shall be measured from the highest point of the finished grade (as referenced in the Design Controls of the finished grade (as referenced in the Design Controls) [1 ] along the property line up to the highest point on the uppermost structural slab of the Base Building 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 of the Base Building.

ghest point of the finished grade (as referenced in the Design Controls of the finished grade (as referenced in the Design Controls) [1 ] along the property line up to the highest point on the uppermost structural slab of the Base Building 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 of the Base Building.

(d) Building Envelopes. Building envelopes shall consist of the Base Building and the Upper Building, as illustrated in Figure 291-MR2, Components of the Building Envelope. Upper building massing must be located within the hatched zones and stepbacks are required above Base Buildings, both as indicated on Figure 291-MR1, Maximum Height and Bulk Plan.

Figure 291-MR2. Components of the Building Envelope

(e) Upper Building Tops. The tops of Upper Buildings may extend up to 20 feet vertically above the maximum permitted building height, except on Block F, where the building may extend up to 40 feet vertically above the maximum permitted building height. In both cases, the extension is allowed only for non-occupied architectural features.

(f) Rooftop Elements. The following rooftop elements may extend beyond the maximum permitted building height as specified below, provided that in no event shall the maximum height in subsection (e) be exceeded: mechanical enclosures, and sustainable infrastructure such as photovoltaic panels, windmills, fog catchers and Greenhouses (up to 20 feet in height). On the Base Building, rooftop elements must step back at a minimum ratio of 1.2 feet horizontally from the streetwall for every foot that they exceed the maximum permitted height limit. Common use structures are permitted on the Base Building up to 20 feet in height, provided that they are limited to 25% of the roof area for each Base Building. On the Upper Building, rooftop elements must be screened or enclosed within the building top. Railings, planters and visually permeable building elements no greater than 42 inches above the roof are exempt from step-back requirements.

(g) Upper Building Floorplate Reduction and Bulk Controls. For buildings taller than 160 feet, bulk floorplate reduction and controls shall be required in accordance with Figure 291-MR3 and Table 291-MR1 as follows:

Figure 291-MR3. Floorplate Reduction

(Added by Prop. D, App. 11/3/2015; amended by Ord. 31-18, File No. 170940, App. 3/6/2018, Eff. 4/6/2018)

AMENDMENT HISTORY

Division (a) amended and second paragraph added; first paragraph of former division (b) and graphic deleted; second paragraph of former division (b) moved to division (a) and amended; former divisions (b)(1)-(5) redesignated as (a)(1)-(5) and divisions (a)(2)-(4) amended; divisions (b)-(g) added; Figures 291-MR1, 291-MR2, and 291-MR3 added; Table 291-MR1 added; Ord. 31-18, Eff. 4/6/2018.

CODIFICATION NOTE

1. So in Ord. 31-18.

(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.