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Article 1.7 — COMPLIANCE›SEC. 175. APPROVAL OF PERMITS OR DEVELOPMENT APPLICATIONS.

SEC. 175.9. DURATION OF AUTHORIZATION IN THE EASTERN NEIGHBORHOODS.

San Francisco Planning Code · 2025 edition · updated 2026-07-25 · San Francisco

(a) This Section shall apply only to property located in any Eastern Neighborhoods Mixed Use District, the SLI District, or any NCT, RTO or PDR District which is located within the boundaries of the Eastern Neighborhoods Project Area pursuant to Section 327.2(I).

(b) Notwithstanding any contrary provision in Section 175.6, should a project not receive its first building or site permit within 36 months after receiving the last of any required authorization under Sections 303, 305, or 329, then any such authorization shall be subject to the Eastern Neighborhoods Public Benefit Fee set forth in Sections 327 et seq. at the date it receives its first building or site permit.

(c) Any residential project subject to Subsection (b) also shall provide the Planning Code's affordable housing requirements in the zoning district where the subject property is located.

(d) Notwithstanding any contrary provision of Subsection (c) above, if a residential project submitted its first application, including an environmental evaluation application or any other Planning Department or Building Department application before July 1, 2006 and the project is in compliance with Section 175.6(c)(4), then it shall provide the lesser of:

(1) Three additional percentage points (3%) above the Residential Inclusionary Affordable Housing Program requirements that would have applied to the subject project pursuant to Sections 415 et seq. at the time of first application submittal or

(2) The Planning Code's affordable housing requirements in the zoning district where the subject property is located.

(e) The time period in Subsection (b) is subject to the following requirements; (1) the required authorization must be final and effective; and (2) the 36-month time period shall be tolled until the expiration of any appeal period if no appeal is filed, or if an appeal is filed, final resolution of any appeal. This time period also shall be tolled until a final judgment is issued in any litigation challenging the project authorization.

(Added Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 62-13, File No. 121162, App. 4/10/2013, Eff. 5/10/2013)

AMENDMENT HISTORY

Division (d)(1) reference corrected; Ord. 62-13, Eff. 5/10/2013.

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▸ Contents — San Francisco Planning Code
San Francisco Planning Code
  1. Article 1 — GENERAL ZONING PROVISIONS
  2. Article 1.2 — DIMENSIONS, AREAS, AND OPEN SPACES
  3. Article 1.5 — TRANSPORTATION, OFF-STREET PARKING, AND LOADING
  4. ▸ Article 1.7 — COMPLIANCE
    Overview
    1. ▸ SEC. 175. APPROVAL OF PERMITS OR DEVELOPMENT APPLICATIONS.
      Overview
      1. SEC. 175.1. EFFECTIVE DATE OF THE CENTRAL SOMA ZONING CONTROLS.
      2. SEC. 175.2. [REPEALED.]
      3. SEC. 175.3. [REPEALED.]
      4. SEC. 175.4. [REPEALED.]
      5. SEC. 175.5. APPLICABILITY OF WESTERN SOMA CONTROLS TO PENDING …
      6. SEC. 175.6. EFFECTIVE DATE OF THE EASTERN NEIGHBORHOODS ZONING…
      7. SEC. 175.7. [REPEALED.]
      8. SEC. 175.8. [REPEALED.]
      9. SEC. 175.9. DURATION OF AUTHORIZATION IN THE EASTERN NEIGHBORH…
    2. SEC. 176. ENFORCEMENT AGAINST VIOLATIONS.
    3. SEC. 179. USES LOCATED IN NEIGHBORHOOD COMMERCIAL DISTRICTS.
    4. SEC. 183. NONCONFORMING USES: DISCONTINUANCE AND ABANDONMENT.
    5. SEC. 186. EXEMPTION OF LIMITED COMMERCIAL AND INDUSTRIAL NONCO…
    6. SEC. 187. AUDIT PROPERTIES; AMNESTY PROGRAM.
    7. SEC. 188.1. NONCOMPLYING STRUCTURE STATUS FOR CERTAIN PRE-EXIS…
  5. Article 2 — USE DISTRICTS
  6. Article 2.5 — HEIGHT AND BULK DISTRICTS
  7. Article 3 — ZONING PROCEDURES
  8. Article 3.5 — FEES
  9. Article 4 — DEVELOPMENT IMPACT FEES AND PROJECT REQUIREMENTS T…
  10. Article 5 — [RESERVED] ARTICLE 6: SIGNS
  11. Article 7 — NEIGHBORHOOD COMMERCIAL DISTRICTS
  12. Article 8 — MIXED USE DISTRICTS
  13. Article 9 — MISSION BAY DISTRICTS
  14. Part I — SCOPE, PURPOSE AND RELATIONSHIPS
  15. Part II — USES
  16. Part III — DENSITY
  17. Part IV — HEIGHT
  18. Part V — BUILDING FORM
  19. Part VI — OPEN AREAS
  20. Part VII — PARKING
  21. Part VIII — SIGNS
  22. Part X — OFFICE SPACE LIMITATION
  23. Part XI — HISTORIC PRESERVATION
  24. Part XII — RULES FOR NONCONFORMING USES AND NONCOMPLYING STRUC…
  25. Part XIII — COMPLIANCE, PERMIT APPROVAL AND ENFORCEMENT
  26. Part XIV — FEES
  27. Part XV — DEFINITIONS
  28. Part XVI — SEVERABILITY

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