(a) General. A Special Use District entitled the Hunters Point Shipyard Phase 2 Special Use District is hereby established for the purposes set forth below. The boundaries of the Hunters Point Shipyard Phase 2 Special Use District consist of Block 4591A, Lot 79, Block 4591C, Lots 010, 209 and 210, and Block 5491, Lot 211, as designated on Sectional Map No. SU09 of the Zoning Map of the City and County of San Francisco. The boundaries of the Hunters Point Shipyard Phase 2 Special Use District are depicted on the Land Use Map attached to the Hunters Point Shipyard Redevelopment Plan, as amended on August 3, 2010.

(b) Purpose. The purpose of the Hunters Point Shipyard Phase 2 Special Use 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, sports fields and stadium, artist space, and other community uses) with significant open space and public realm improvements, as provided for in the Hunters Point Shipyard Redevelopment Plan, as amended on August 3, 2010, the Hunters Point Shipyard Phase 2 Design for Development document dated June 3, 2010, and the Hunters Point Shipyard Area Plan of the San Francisco General Plan. Among its many goals, this Special Use District seeks to: create additional public parks and public open space, particularly along the waterfront; improve the quality, availability, and affordability of housing; provide a possible site for an NFL stadium; and provide commercial opportunities and jobs for residents of the Bayview.

(c) Controls. All provisions of the Planning Code that would otherwise apply in the Hunters Point Shipyard Phase 2 Special Use District are superseded by the Hunters Point Shipyard Redevelopment Plan, as amended, dated August 3, 2010 and the Hunters Point Shipyard Phase 2 Design for Development document dated June 3, 2010 except as provided therein. 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)

New Ordinance Notice

Publisher's Note: This section has been AMENDED by new legislation (Ord. 94-24, approved 5/10/2024, effective 6/10/2024). The text of the amendment will be incorporated under the new section number when the amending legislation is operative.

(a) Purpose and Boundaries. In order to give effect to the Treasure Island/Yerba Buena Island Project as approved by the Board of Supervisors (File Nos. 110226 and 110291), there shall be a Treasure Island/Yerba Buena Island Special Use District as designated on Sectional Map SU14 of the Zoning Maps of the City and County of San Francisco. The boundaries of the Treasure Island/Yerba Buena Island Special Use District include all areas of Treasure Island and Yerba Buena Island as shown on Sectional Map ZN14. Any property within the Special Use 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 P (Public Use) District unless reclassified in accordance with the provisions of this Code. The purpose of this Special Use District is to facilitate the City's long-term goal of implementing the creation of a new City neighborhood on Treasure Island and Yerba Buena Island, which will provide benefits to the City such as significant amounts of new affordable housing, increased public access and open space, transportation improvements, extensive infrastructure improvements, and recreational and entertainment opportunities, while creating jobs and a vibrant, sustainable community. This Special Use District shall supersede, in its entirety, all other provisions of this Planning Code that would otherwise be applicable to Treasure Island and Yerba Buena Island except with respect to (1) Planning Code sections adopted by ballot proposition prior the effective date of the Ordinance adopting this Special Use District, which consist of the sections of the Planning Code adopted or amended by Proposition M (1986) (Section 101.1 [General Plan Consistency and Implementation], Section 164, and Sections 320-325); Proposition K (1984) (Shadow Ban) (Section 295); Proposition G (2002) (General Advertising Signs Prohibited) (Sections 602.7 and 611); and Proposition G (2006) (Limitation on Formula Retail in NC Districts) (Section 703.4); (2) any Planning Code sections adopted or amended in connection with this Special Use District, including Sections 105 (Zoning Map); 201 (Use Districts); 263.26 (Treasure Island/Yerba Buena Island Height and Bulk District) and 249.52 (Treasure Island/Yerba Buena Island Special Use District), and (3) any other section of the Planning Code referenced herein (but only to the extent and for the purposes stated herein).

ode sections adopted or amended in connection with this Special Use District, including Sections 105 (Zoning Map); 201 (Use Districts); 263.26 (Treasure Island/Yerba Buena Island Height and Bulk District) and 249.52 (Treasure Island/Yerba Buena Island Special Use District), and (3) any other section of the Planning Code referenced herein (but only to the extent and for the purposes stated herein).

(b) Jurisdiction. Within this Special Use District, property subject to the public trust for commerce, navigation and fisheries and governed by the Treasure Island Conversion Act of 1997 (the "Tidelands Trust") is designated on Figures 1 and 2 as the Tidelands Trust Overlay Zone. The Treasure Island Development Authority ("TIDA"), as public trust grantee under the Treasure Island Conversion Act of 1997 ("Conversion Act"), has jurisdiction over any Vertical Development or uses in the Tidelands Trust Overlay Zone and any other tidelands or submerged lands within its jurisdiction pursuant to its authority under the Conversion Act, as well as Horizontal Development. The Planning Commission has jurisdiction over any Vertical Development or use of property that is not subject to Tidelands Trust, designated on Figure 1 as outside the Tidelands Trust Overlay Zone, and reserves review and approval rights over certain Vertical Development of property subject to the Tidelands Trust as more specifically set forth in this Special Use District.

(c) Tidelands Trust Overlay Zone. The Tidelands Trust Overlay Zone shown on Figures 1 and 2 illustrates the areas of the Islands subject to the Tidelands Trust after completion of all of the Tidelands Trust exchanges contemplated under the Treasure Island Public Trust Exchange Act (SB 543, as amended by SB 815 and SB 833, the "Exchange Act"), which is State legislation authorizing an exchange of Public Trust lands between Treasure Island and Yerba Buena Island, consistent with the proposed development program. To the extent that property not included in the Tidelands Trust Overlay Zone would be subject to the Tidelands Trust prior to the applicable exchange implemented under the Exchange Act, the restrictions of the Tidelands Trust Overlay Zone apply until the exchange is effected. To the extent property shown in the Tidelands Trust Overlay Zone would not be subject to the Tidelands Trust prior to the applicable exchange, the restrictions of the Tidelands Trust Overlay Zone do not apply until the exchange is effected.

prior to the applicable exchange implemented under the Exchange Act, the restrictions of the Tidelands Trust Overlay Zone apply until the exchange is effected. To the extent property shown in the Tidelands Trust Overlay Zone would not be subject to the Tidelands Trust prior to the applicable exchange, the restrictions of the Tidelands Trust Overlay Zone do not apply until the exchange is effected.

(d) Relationship to Design for Development. The Treasure Island + Yerba Buena Island Design for Development ("Design for Development"), adopted by the Planning Commission (Motion No. 18330) and approved by the Board of Supervisors as part of this Special Use District, and as may be amended from time to time as provided herein, sets forth development and use Standards and Guidelines applicable within this Special Use District. Said Design for Development is hereby incorporated by reference. Any term used in this Special Use District and not otherwise defined shall have the meaning ascribed to it in the Design for Development. TIDA shall have exclusive jurisdiction and approval rights over amendments to the Design for Development that affect only horizontal development. Other than as specified above, the Planning Commission may initiate and adopt amendments to the Design for Development, or may approve amendments to the Design for Development upon application by TIDA or an owner or lessee of property (or his or her authorized agent) within this Special Use District, provided, however, that prior to taking any action to amend the Design for Development, the Planning Commission shall refer the matter to the TIDA Board for review and the TIDA Board shall have 30 days to submit its recommendation to the Planning Commission. The Planning Commission shall approve, conditionally approve or disapprove the proposed amendment within 30 days of receipt of the TIDA Board's recommendation or, if the TIDA Board fails to submit a recommendation, within 30 days of the expiration of the TIDA Board's 30 day review period. The Planning Commission may not approve an amendment to the Design for Development if it finds that the amendment is inconsistent with this Special Use District, the General Plan, and the approved Development Agreement by and between the City and County of San Francisco and Treasure Island Community Development, LLC relative to the development of Naval Station Treasure Island (File No. 110226) (the "Development Agreement").

(e) Development Controls. Development and uses of property within this Special Use District shall be regulated by the controls contained herein and in the Design for Development, provided, however, that if there is any inconsistency between this Special Use District and the Design for Development, this Special Use District shall control.

(1) Zoning Designation. The applicable zoning designations shall be as set forth on Figure 1, consisting of the following zoning districts: Treasure Island Residential (TI-R), Treasure Island Mixed Use (TI-MU), Treasure Island Open Space (TI-OS), and Treasure Island Public/Civic/Institutional (TI-PCI). The applicable zoning designation shall be as set forth on Figure 2, consisting of the following zoning districts: Yerba Buena Island Residential (YBI-R), Yerba Buena Island Mixed Use (YBI-MU), Yerba Buena Island Open Space (YBI-OS), and Yerba Buena Island Public Services/Civic/Institutional (YBI-PCI), each as defined in the Design for Development. In addition, portions of this Special Use District shall be subject to a Tidelands Trust Overlay Zone as set forth on Figures 1 and 2 and further defined in the Design for Development.

Figure 1: Treasure Island Zoning Designations.

Figure 2: Yerba Buena Island Zoning Designations

(2) Uses. The uses listed in Figure 3 are permitted in this Special Use District as indicated by the following symbols in the respective column for each district: (i) P – permitted as a Principal Use in this zoning designation; (ii) IC – subject to approval as an Island Conditional Use pursuant to the procedures set forth in subsection (h) below; (iii) blank – not permitted in this zoning designation.

Figure 3: Treasure Island and Yerba Buena Island Permitted Uses

90. Automobile and truck parking and loading related to construction activities

related to Horizontal

Development and Vertical Development

Subject to authorization P P* P* P* under Section 249.52(e)(4)

(3) Temporary Uses. A temporary use may be authorized by the Executive Director of TIDA ("Executive Director") (for uses located within the Tidelands Trust Overlay Zone) or the Planning Director (for uses located outside the Tidelands Trust Overlay Zone) without a public hearing for a period not to exceed 90 days for any of the following uses: booths for charitable, patriotic, or welfare purposes; exhibitions, festivals, circuses, concerts, or neighborhood carnivals; open-air sales of agriculturally produced seasonal decorations such as Christmas trees and Halloween pumpkins; meeting rooms and event staging; and automobile and truck parking and loading associated with an authorized temporary use. An authorization granted pursuant to this section shall not exempt the applicant from obtaining any other permit required by law. Additional time for such uses may be authorized only by action upon a new application.

(4) Interim Uses. An interim use listed in this section may be authorized by the Executive Director (for uses located within the Tidelands Trust Overlay Zone) or Planning Director (for uses located outside the Tidelands Trust Overlay Zone) without a public hearing for a period not to exceed 5 years if the applicable Director finds that such use will not impede orderly development within this Special Use District consistent with the Design for Development and Development Agreement; provided, however, that any interim use listed in this section that is integral to development contemplated by the Development Agreement or any other disposition and development agreement with TIDA, as determined by the applicable Director, shall be permitted without requiring such authorization. Interim uses within the Tidelands Trust Overlay Zone are subject to review by the Executive Director for compliance with the Tidelands Trust and TIDA policies. Such interim uses include: rental or sales offices incidental to new development; structures and uses incidental to environmental clean-up, demolition and construction pursuant to an approved Major Phase of Development; storage; automobile and truck parking and loading related to the construction activities related to Horizontal Development and Vertical Development. An authorization granted pursuant to this section shall not exempt the applicant from obtaining any other permit required by law. Additional time for such uses may be authorized only by action upon a new application.

proved Major Phase of Development; storage; automobile and truck parking and loading related to the construction activities related to Horizontal Development and Vertical Development. An authorization granted pursuant to this section shall not exempt the applicant from obtaining any other permit required by law. Additional time for such uses may be authorized only by action upon a new application.

(5) Non-Conforming Uses. TIDA shall provide for the reasonable continuance, modification and/or termination of uses and structures existing as of the date of adoption of the Special Use District and Design for Development that do not comply with the Special Use District or the Design for Development, provided that such use or structure is generally compatible with the development and uses authorized under the Special Use District and Design for Development. The Executive Director (for property located within the Tidelands Trust Overlay Zone), or the Planning Director (for property not located within the Tidelands Trust Overlay Zone) may authorize additions, alterations, reconstruction, rehabilitation, reuse of vacant buildings or changes in use of land or buildings for uses that do not conform to the Special Use District, subject to a determination that such authorization would not impede the orderly development of the area subject to this Special Use District.

(6) Building Standards.

(A) Building Height. The applicable height limits for this Special Use District shall be as set forth on Sectional Map HT14 of the Zoning Maps of the City and County of San Francisco. As more particularly described on Section Map HT14, underlying height zones range from 25 feet to 125 feet on Treasure Island and 35 feet to 75 feet on Yerba Buena Island. "Flex Height Zones" have been established on Treasure Island to allow for the flexibility in locating tall buildings within the overall built form of the island, and range from 240 feet to 450 feet. The Flex Height Zones allow for a variety of building types to be built up to the indicated maximum height for their zone as long as they conform to the relevant applicable Standards for Bulk, Massing and Tower Separation as described herein, and Figure 6, Bulk and Massing Controls Matrix. The location of tall buildings in relation to each other and to the lower buildings is controlled by the building separation requirements set forth in subsection (e)(6)(B), Tower Separation, below. Height shall be measured and regulated as provided in the Design for Development and not as provided in Article 2.5.

(B) Tower Separation.

(i) Portions of buildings taller than 125 feet located within a Flex Height Zone that are taller than the underlying height zone shall maintain a minimum distance of 115 feet clear from any portion of another building taller than its underlying height zone. This distance is to be measured by a 115 feet circular offset from the inscribed building perimeter at its outermost points on all levels above the underlying height zone, as shown on Figure 4. The requirements of this subsection shall not apply to buildings located on blocks C1, C2-B, C2-H and M1, as identified on Figure 1.

m any portion of another building taller than its underlying height zone. This distance is to be measured by a 115 feet circular offset from the inscribed building perimeter at its outermost points on all levels above the underlying height zone, as shown on Figure 4. The requirements of this subsection shall not apply to buildings located on blocks C1, C2-B, C2-H and M1, as identified on Figure 1.

Figure 4: Tower Separation

(ii) Buildings located within a Flex Height Zone that are located on blocks IC1, IC2, IC3 and IC4 and E1, E2, E3, E4, E5, E6, E7 and E8, as identified on Figure 1, shall maintain a clear corridor extending a minimum distance of 500 feet perpendicularly to any other building taller than 85 feet, as shown on Figure 5. The corridors shall be aligned orthogonally, perpendicularly and parallel to the north-south avenues, and extend from the buildings' furthermost points regardless of orientation. The requirements of this subsection shall not apply to buildings located on blocks B1, B2, B3 and M1, as identified on Figure 1.

Figure 5: Corridors

(C) Building Bulk. With respect to development on Treasure Island, the applicable bulk limitations shall be as set forth on Figure 6. With respect to development on Yerba Buena Island, the following requirements shall apply: (i) buildings extending more than 35 feet above grade shall, above the third floor, step back a minimum distance of 10 feet horizontal for every 10 feet vertical; (ii) buildings fronting on the downhill edge of a street or Drive Court where buildings on the uphill side are allowed shall have a maximum height of 25 feet, however for no more than 50% of the width of a residential townhouse unit or lot, but in no instance more than 18 feet increments, the maximum height may be increased to 35 feet; (iii) the height extension referenced in (ii) may not be joined to a similar extension or an adjoining unit or lot and must be configured in a manner that allows potential views from an adjacent uphill unit or lot both over and through the subject unit or lot; (iv) buildings shall be no longer than 150 feet in length, and the maximum plan dimension of a building or structure shall be the greatest plan dimension parallel to the long axis of the building at a given level; (v) the maximum apparent face or elevation length shall be 75 feet; (vi) Mid-rise Buildings on block 4Y (as identified on Figure 1) shall be subject to additional bulk and massing requirements set forth in Section Y4.5.5 of the Design for Development; and (vii) on blocks 1Y, 2Y, 3Y and 4Y, a minimum of 1 cross stairway running perpendicular to the topographical contours of the land and no closer than 150 feet from either end of the parcel (measured parallel to the topographical contours) shall be required and integrated into the Island-wide pedestrian trail system.

Figure 6: Treasure Island Bulk & Massing

(D) Building Setbacks. The applicable building setback requirements for this Special Use District shall be as set forth on Figures 7 and 8.

Figure 7: Treasure Island Required Setbacks

Figure 8: Yerba Buena Island Required Setbacks

(7) Off-Street Automobile Parking. Off-street parking shall not be required for any use, and may be provided in quantities up to the maximum number of spaces specified in Figures 9 and 10. Compliance with the off-street parking standards specified in Figures 9 and 10 shall be determined in accordance with subsection (g)(4)(D)(iv) below, and further provided that no application for Vertical Development that includes off-street automobile parking shall be accepted as complete unless TIDA has authorized submittal of the application and certified that the proposed amount of parking complies with the Island-wide parking maximums.

Figure 9: Treasure Island Permitted Off-Street Parking

Figure 10: Yerba Buena Island Off-Street Parking

(f) Review and Approval of Horizontal Development. TIDA shall have exclusive jurisdiction over Horizontal Development in this Special Use District subject to all applicable permit requirements of other City agencies. Horizontal Development shall be subject to and regulated by the Design Review and Document Approval Procedure attached as an exhibit to the Disposition and Development Agreement, as such procedures may be amended from time to time.

(g) Review and Approval of Vertical Development.

(1) Purpose. The Vertical Development design review process for Treasure Island and Yerba Buena Island is intended to ensure that new private buildings within Treasure Island and Yerba Buena Island are designed to complement the aesthetic of the development, exhibit high quality architectural design and promote the purpose of this Special Use District.

(2) Applicability. Vertical Development within the Tidelands Trust Overlay Zone, or on other tidelands and submerged lands within its jurisdiction pursuant to its authority under the Conversion Act, is within TIDA jurisdiction and shall be subject to the procedures set forth in subsection (g)(5). Vertical Development outside of the Tidelands Trust Overlay Zone is within Planning Department jurisdiction and shall be subject to the procedures set forth in subsection (g)(4).

(3) Applications.

(A) Required Applications. The construction, major alterations, or additions to Vertical Development within this Special Use District shall require approval of Schematic Design Documents and building permits. The definition of major alterations and additions to Vertical Development is set forth in the Design for Development. If the proposed project is located within the Tidelands Trust Overlay Zone, the application shall be submitted to and reviewed by TIDA. If the proposed project is located outside the Tidelands Trust Overlay Zone, the application shall be submitted to and reviewed by the Planning Department. For purposes of this section, "Schematic Design Documents" shall mean documents containing a schematic design level of detail for a specific Vertical Development improvement. Each such application for approval may be filed by the owner, lessee or authorized agent of the owner or lessee of the property for which the Vertical Development approval is sought.

(B) Contents. Each application shall contain the documents and materials necessary to determine consistency with this Special Use District and the Design for Development. If a Major Modification (as defined in subsection (g)(4)(D) below) is sought in accordance with the allowances of this Section, the application also shall contain a written description for each modification sought that describes how the proposed project meets the full intent of this Special Use District and the Design for Development.

with this Special Use District and the Design for Development. If a Major Modification (as defined in subsection (g)(4)(D) below) is sought in accordance with the allowances of this Section, the application also shall contain a written description for each modification sought that describes how the proposed project meets the full intent of this Special Use District and the Design for Development.

(C) Completeness. TIDA or Planning Department staff, as applicable, shall review the application for completeness and advise the applicant in writing of any deficiencies within 30 days after receipt of the application or, if applicable, within 15 days after receipt of any supplemental information requested pursuant to this Section. If staff does not so advise the applicant, the application shall be deemed complete.

(D) Pre-Submission Conference. Not less than 30 days prior to submitting a Schematic Design Document application, the applicant shall submit to TIDA and the Planning Department, preliminary maps, plans and design sketches for the proposed Vertical Development and a statement describing compliance with the applicable land use restrictions and limitations set forth in the applicable Vertical Disposition and Development Agreement. Within 20 days, staff shall review submitted materials and advise the applicant whether the materials would be considered a complete application. TIDA's review of the pre-submittal materials shall also include a review for compliance with the applicable Vertical Disposition and Development Agreement as required for TIDA's submittal of its letter of authorization required as part of the application submittal materials. If requested by the applicant and not less than 15 days prior to submitting a Schematic Design Document application, the applicant and TIDA or Planning Department staff, as applicable, shall hold at least one pre-submission meeting regarding the project at a mutually agreeable time.

(4) Schematic Design Document Applications under Planning Commission Jurisdiction.

(A) Staff Review. Each application for Schematic Design Document approval under Planning Commission jurisdiction shall be subject to an administrative review process by the Planning Department. Prior to consideration for project approval, and not more than 60 days (for applications pertaining to structures 70 feet or fewer in height) or 80 days (for applications pertaining to structures over 70 feet in height) after such application is complete or deemed complete, staff shall review the application to determine whether it complies with this Special Use District and the Design for Development. Staff shall issue a staff report to the Planning Director or Planning Commission, as appropriate, including a recommendation regarding any modifications sought. Such staff report shall be delivered to the applicant not less than 10 days prior to Planning Director or Planning Commission action on the application, and shall be kept on file for public review.

District and the Design for Development. Staff shall issue a staff report to the Planning Director or Planning Commission, as appropriate, including a recommendation regarding any modifications sought. Such staff report shall be delivered to the applicant not less than 10 days prior to Planning Director or Planning Commission action on the application, and shall be kept on file for public review.

(B) TIDA Consultation. Upon receipt of a complete application, a copy of such application shall be submitted to TIDA. Should TIDA wish to provide further comments beyond those provided at the pre-submittal stage, it shall submit its comments to the Planning Department no later than 30 days following receipt of the application. Planning Department staff shall consider TIDA comments in drafting its staff report.

(C) Planning Director Approval. Except for projects seeking one or more Major Modifications, the Planning Director shall approve, conditionally approve or disapprove a project's Schematic Design Documents, including any Minor Modifications sought, without a hearing based on its compliance with this Special Use District and the Standards set forth in the Design for Development. If the project is consistent with the quantitative Standards set forth in this Special Use District and the Design for Development, the Planning Director's discretion to approve, conditionally approve, or disapprove the project shall be limited to the project's consistency with the qualitative Standards and Guidelines of the Design for Development and the General Plan. The Planning Director may not impose any condition of approval that conflicts with the Development Requirements (as such term is defined in the Development Agreement). Upon approval, the Planning Director shall assign to each approved assessor's block and/or lot the applicable zoning designation and height and bulk classification. The Planning Director shall, promptly, mail notice of his or her determination to the applicant, TIDA, and owners of real property within 300 feet of all exterior boundaries of the project area, using for this purpose the names and addresses as shown on the citywide assessment roll in the Office of the Tax Collector, and any other person who has requested notice.

(D) Modifications to Standards. Modification of the Standards set forth in this Special Use District and contained in the Design for Development may be approved on a project-byproject basis as follows:

(i) No Modifications. No modifications or variances are permitted for the following Standards in this Special Use District: district-wide maximum off-street auto parking ratios, and height limits.

(ii) Major Modifications. A Major Modification shall be (i) any deviation of more than 10 percent from any quantitative Standard in this Special Use District or the Design for Development or (ii) any modification of the maximum building floor plates. A major modification may be approved only by the Planning Commission at a public hearing, and the Planning Commission's review at such hearing shall be limited to the Major Modification. Notwithstanding any other provisions of this Section, the Planning Director may refer a proposed modification, even if not otherwise classified as a Major Modification, to the Planning Commission as a Major Modification if the Planning Director determines that the proposed modification does not meet the intent of the Standards set forth in the Design for Development. The Planning Commission may not impose conditions of approval that conflict with the Development Requirements (as such term is defined in the Development Agreement).

(iii) Minor Modifications. Any modification to the building standards of this Special Use District and contained in the Design for Development not considered a Major Modification pursuant to subsection (ii) above shall be deemed to be a Minor Modification. Except as permitted in accordance with subsection (ii) above, a Minor Modification is not subject to review by the Planning Commission.

(iv) Off-Street Parking. A project that exceeds applicable parking ratios on a project-level basis shall not be considered a Major Modification, Minor Modification or otherwise inconsistent with the Special Use District or the Design for Development, subject to the further limitations of this Section (iv). Except as further provided herein, no new off-street parking may be approved by Planning or TIDA at the following increments of development that would cause the aggregate parking ratio in the Special Use District to cumulatively exceed the applicable ratios, including both built and entitled but-not-yet-built Vertical Development: every 2,000 net new housing units and every 100,000 gross square feet of non-residential uses in new or rehabilitated buildings (each residential and non-residential threshold, a "Development Increment"). Notwithstanding the foregoing, for the first two Development Increments, a deviation of up to 10% shall be permitted and not be considered a Major Modification, Minor Modification or otherwise inconsistent with the Special Use District or the Design for

Development. No exceedance of the parking ratios applicable to any Development Increment after the first two residential and non-residential Development Increments shall be permitted. The Development Increments shall commence as of the effective date of this ordinance and shall not include interim or temporary uses as defined in this Special Use District.

(E) Public Hearing for Large Projects. Prior to decision by the Director of Planning pursuant to Subsection (g)(4)(C) above, each project subject to the below criteria shall be presented at a regularly scheduled hearing of the Planning Commission. Such hearing shall be calendared within 30 days after the application is complete or deemed complete. If a public hearing is required under subsection (g)(4)(D) and this subsection (g)(4)(E), the Planning Commission shall jointly calendar and hear both items, to take action on the Major Modification and to provide comment only on the project design. The Director of Planning shall consider all comments from the public and the Planning Commission in making his or her decision to approve, conditionally approve, or disapprove the project design. Criteria necessitating public hearing are as follows:

(i) The project includes the construction of a new building greater than 70 feet in height, or includes a vertical addition to an existing building resulting in a total building height greater than 70 feet; or

(ii) The project involves a net addition or new construction of more than 25,000 gross square feet of commercial space.

(F) Notice of Hearings. Notice of hearings required by subsections (D) and (E) shall be provided as follows: (i) by mail not less than 10 days prior to the date of the hearing to the project applicant, owners of real property within 300 feet of all exterior boundaries of the project that is the subject of the application, using for this purpose the names and addresses as shown on the citywide assessment roll in the Office of the Tax Collector, and any person who has requested such notice; and (ii) by posting on the subject property at least 10 days prior to the date of the hearing.

(5) Schematic Design Document Applications Under TIDA Jurisdiction.

(A) TIDA Design Review. Each application for Schematic Design Document approval under TIDA jurisdiction shall be subject to an administrative review process by TIDA staff. Not more than 60 days (for applications pertaining to structures 70 feet or fewer in height) or 80 days (for applications pertaining to structures over 70 feet in height) after such application is complete or deemed complete, staff shall review the application to determine that it complies with this Special Use District and the Design for Development and shall issue a staff report to the TIDA Board, including a recommendation for any modifications sought. If the application would be subject to Planning Commission action as a Major Modification under subsection (g)(4)(D) or Planning Commission review as a large project under subsection (g)(4)(E) if the project were located outside the Tidelands Trust Overlay, the TIDA staff report shall also be delivered to the Planning Department.

TIDA Board, including a recommendation for any modifications sought. If the application would be subject to Planning Commission action as a Major Modification under subsection (g)(4)(D) or Planning Commission review as a large project under subsection (g)(4)(E) if the project were located outside the Tidelands Trust Overlay, the TIDA staff report shall also be delivered to the Planning Department.

(B) Planning Commission Election. For any application for which the Planning Department receives the TIDA staff report pursuant to subsection (g)(5)(A), within 30 days of receipt of the report, the Planning Commission may, by majority vote, elect to hold a hearing on a Schematic Design Documents application, which hearing shall be held within 30 days of such election. The Planning Commission's review shall be limited to the consistency of the building design with this Special Use District and the Design for Development, and on that basis alone, the Planning Commission shall submit its recommendation to the TIDA Board.

(C) Review by TIDA Board. The TIDA Board shall calendar the application as follows: (i) for any application for which the Planning Department does not receive the TIDA staff report pursuant to subsection (g)(5)(A), the TIDA Board shall calendar the application for its next regularly scheduled hearing after receipt of the staff report for which an agenda has not been finalized; (ii) for any application for which the Planning Department receives the TIDA staff report pursuant to subsection (g)(5)(A), if upon the expiration of the Planning Commission's 30 day election period, the Planning Commission has not elected to hold a hearing on the Schematic Design Documents application, the TIDA Board shall calendar the application for its next regularly scheduled meeting for which an agenda has not been finalized; or (iii) if, prior to the expiration of the Planning Commission's 30 day election period, the Planning Commission has elected to hold a hearing on the Schematic Design Documents application, the TIDA Board shall calendar the application for its next regularly scheduled meeting for which an agenda has not been finalized after the date that the Planning Commission takes action on the application at its public hearing. If the project is consistent with the quantitative Standards set forth in this Special Use District and the Design for Development, the TIDA Board's discretion to approve, conditionally approve or disapprove the project shall be limited to the project's consistency with the qualitative Standards and Guidelines set forth in the Design for Development. The TIDA Board may not impose any condition of approval that conflicts with the Development Requirements (as such term is defined in the Development Agreement). If the TIDA Board objects to or seeks to substantially modify design recommendations that have been approved by the Planning Commission as set forth in Section (g)(5)(B), TIDA shall provide notice of such decision to the Planning Commission, and TIDA shall have the right to appeal the design recommendations to the Board of Supervisors pursuant to the procedures for appeal set forth in subsection (i) below.

DA Board objects to or seeks to substantially modify design recommendations that have been approved by the Planning Commission as set forth in Section (g)(5)(B), TIDA shall provide notice of such decision to the Planning Commission, and TIDA shall have the right to appeal the design recommendations to the Board of Supervisors pursuant to the procedures for appeal set forth in subsection (i) below.

(D) Review of Historic Resources. Any review under this section of Schematic Design Documents for a historic resource identified in the Design for Development shall be subject to the additional review requirements set forth therein.

(6) Building Permit Approval. Each building permit application submitted to the Department of Building Inspection shall be forwarded to the Planning Department if the application pertains to property located outside of the Tidelands Trust Overlay Zone or TIDA if the application pertains to property located within the Tidelands Trust Overlay Zone. Staff of the applicable agency shall review the building permit application for consistency with the authorizations granted pursuant to this Section. No building permit may be issued for work within this Special Use District unless Planning Department or TIDA staff, as applicable, determines such permit is consistent with the approved Schematic Design Documents and the Standards set forth in the Design for Development.

(7) Discretionary Review. No requests for discretionary review shall be accepted by the Planning Department or TIDA or heard by the Planning Commission or TIDA Board for projects subject to this Section.

(h) Island Conditional Use Permits. For Island Conditional Uses within the Tidelands Trust Overlay Zone, upon written request by the property owner or lessee (or his or her designated agent), the Executive Director may approve an Island Conditional Use permit without a hearing if he or she finds that, at the size and intensity contemplated: (i) the proposed use will make a positive contribution to the character of the Special Use District; (ii) the proposed use is compatible with the neighborhood or community; and (iii) the proposed use is compliant with the Tidelands Trust as more particularly described in Section T3.4.2 of the Design for Development; provided, however, that the Executive Director, in his or her discretion, may refer the matter to the TIDA Board for decision at a public hearing. TIDA may adopt procedures for reviewing and acting on Island Conditional Use permits. Island Conditional Uses outside the Tidelands Trust Overlay Zone shall be subject to review and approval by the Planning Commission in the same manner as set forth in Sections 303 et seq. for conditional uses, except that the Planning Commission shall not use the criteria set forth in Sections 303 et seq. and instead shall approve or conditionally approve the Island Conditional Use if it finds that, at the size and intensity contemplated: (i) the proposed use will make a positive contribution to the character of the Special Use District; and (ii) the proposed use is compatible with the neighborhood or community.

(i) Appeal and Decision on Appeal.

(A) Planning. A decision of the Planning Director or the Planning Commission under this Special Use District, other than a decision with respect to an Island Conditional Use, may be appealed to the Board of Appeals within 10 days after the date of the decision by filing a written notice of appeal with that body. Such notice must set forth how the Planning Director or the Planning Commission, as applicable, erred in granting, conditioning, or denying an application under this Section. Upon the hearing of an appeal, the Board of Appeals may, subject to the same limitations as are placed on the Planning Commission or Planning Director by Charter or by this Special Use District, approve, disapprove or modify the appealed decision. If the determination of the Board of Appeals differs from that of the Planning Director or Planning Commission, the Board of Appeals shall state its reasons in writing. A decision of the Planning Commission with respect to an Island Conditional Use may be appealed to the Board of Supervisors in the same manner as set forth in Section 308.1, except that the decision also may be appealed independently by the applicant or TIDA without complying with the property owner subscription requirements of Section 308.1.

(B) TIDA. If the TIDA Board objects to or seeks to substantially modify a design recommendation or determination taken by the Planning Commission under subsection (g)(5)(B) above, it shall take action to file an appeal of the Planning Commission recommendation or determination to the Board of Supervisors, which shall be evidenced by filing a written notice of appeal with the Clerk of the Board of Supervisors. The Board of Supervisors shall hear the appeal within 30 days of TIDA's determination to appeal. The Board of Supervisors' review of the Planning Commission decision shall be limited to the design issues that are the subject of the appeal. The Board of Supervisors may disapprove the decision of the Planning Commission by a majority vote, and may not impose any condition of project approval that conflicts with the Development Requirements (as such term is defined in the Development Agreement) or is inconsistent with TIDA's authority as trustee under the Conversion Act.

(j) Fees. Each of the Planning Director and the Executive Director shall require an applicant or permittee to pay a fee in an amount sufficient to recover actual time and materials costs that the Planning Department and TIDA incurs in reviewing and processing any application under this Section. The applicable Director also may charge for any time and materials costs that other agencies, boards, commissions, or departments of the City, including the City Attorney's Office, incur in connection with the processing or administration of a particular application, action, or procedure if such costs are not separately assessed in accordance with the Development Agreement. Whenever such fees are or will be charged, the applicable Director, upon request of the applicant or permittee, shall provide in writing the basis for the fees or an estimate of the fees to be charged.

e, incur in connection with the processing or administration of a particular application, action, or procedure if such costs are not separately assessed in accordance with the Development Agreement. Whenever such fees are or will be charged, the applicable Director, upon request of the applicant or permittee, shall provide in writing the basis for the fees or an estimate of the fees to be charged.

(Added by Ord. 98-11, File No. 110229, App. 6/15/2011, Eff. 7/15/2011; amended by 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; Ord. 166-16, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)

AMENDMENT HISTORY

Division (e)(6)(A) amended; Ord. 56-13, Eff. 4/27/2013. Divisions (a) and (g)(4)(E) amended; Ord. 188-15, Eff. 12/4/2015. Division (e)(2) Fig. 3 amended; Ord. 166-16, Eff. 9/10/2016. Division (e)(2) and Fig. 3 amended; division (g)(4)(E) amended; Ord. 202-18, Eff. 9/10/2018. Division (e)(2) amended; Ord. 63-20, Eff. 5/25/2020.