SEC. 175.5. APPLICABILITY OF WESTERN SOMA CONTROLS TO PENDING PROJECTS IN THE SALI…

(a) Intent. It is the intent of this Section to provide for an orderly transition from prior zoning and planning requirements to the requirements imposed in implementing the Western SoMa Controls, without impairing the validity of prior actions by the City, or frustrating completion of actions authorized prior to the effective date of those Controls.

(b) Applicability. This Section applies only to projects located in a SALI District within the boundaries of the Eastern Neighborhoods Program Area as defined in Section 401 that have a Development Application pending as of June 20, 2012. Notwithstanding any contrary provision in this Section, if a project does not receive its first building or site permit

within 36 months after the effective date of the Western SoMa Controls, then it shall be subject to all applicable Planning Code and Zoning Maps controls in effect at the date its first building or site permit is issued. The 36-month time period is extended until the expiration of any appeal period, or if an appeal or litigation challenging the project authorization is filed, until final resolution of the appeal or litigation.

• (c) Definitions. The following definitions shall apply to this Section:

• (1) "Code Conforming Project" shall mean a project which complies with the Planning Code prior to the effective date of the Western SoMa controls.

(2) "Development Application" shall mean any application for a building permit, site permit, environmental review, Conditional Use or Variance.

(3) "Pending," with respect to a Development Application, shall mean first filed with the Planning Department on the date specified in Section (b) above for a project that has not obtained a Project Approval prior to the effective date of the Western SoMa Controls.

(4) "Project Approval" shall mean any required approval or determination on a Development Application by the Planning Commission, Planning Department, or Zoning Administrator.

(5) "Residential Project" shall mean any project which includes at least one dwelling unit, group housing bedroom, or other residential use or uses.

(6) "Western SoMa Controls" shall mean all Ordinances adopted in furtherance of the Western SoMa Area Plan Process and associated amendments to the Planning Code, Zoning Map, and Administrative Code.

• (d) Effect of Western SoMa Controls on pending Residential Code Conforming Projects.

• (1) Articles 1, 1.2, 1.5, and 2.5 of the Planning Code as amended by the Western SoMa Controls shall apply; and

• (2) The impact fees set forth in Section 423 et seq. shall apply; and

(3) The Planning Director may grant an increase beyond the otherwise-superseded height limits of no more than 8 feet when an equal or greater increase would be allowed under the Western SoMa Controls and when such increase is necessary to comply with Subsection (d)(1), above; and

(4) If compliance with Subsection (d)(1) would require a substantial re-design of the project or a significant change to the type or size of uses originally proposed, the applicant may seek complete or partial relief from that requirement through the Conditional Use authorization process as set forth in Section 303; and

(5) For proposed Residential Projects where such uses are not permitted under the Western SoMa Controls, Subsection (d)(1), above shall apply as if the residential use were located in a Western SoMa Mixed Use General (WMUG) District.

(Added by Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; amended by Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015)

(Former Sec. 175.5 added by Ord. 344-87, App. 8/21/87; repealed by Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011)

AMENDMENT HISTORY

Division (c)(6) amended; Ord. 188-15 , Eff. 12/4/2015.