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”).

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.