SEC. 263.32. SPECIAL HEIGHT EXCEPTIONS: PERMITTED BUILDING

(a) Purpose. The provision of affordable housing, public open space, and recreational amenities are encouraged in the Central SoMa Special Use District to achieve the policy objectives of the Central SoMa Plan. To facilitate the creation of these amenities, additional height may be allowed, as long as it does not result in a net increase in development potential for the primary project as set forth in subsection (c), below.

(b) Applicability. This Section shall apply to any project that:

(1) Provides housing units consisting entirely of on-site or off-site Affordable Housing Units as defined in Section 401;

(2) Dedicates land pursuant to Sec. 249.78(e) for housing consisting entirely of Affordable Housing Units as defined in Section 401, which land MOHCD deems suitable for such use, taking into consideration size, configuration, physical characteristics, physical and environmental constraints, access, location, adjacent use, and other relevant planning criteria; or

(3) Provides land for publicly-owned parks or publicly-owned recreational amenities, which land the Director of Planning or their designee deems suitable for such use, taking into consideration size, configuration, physical characteristics, physical and environmental constraints, access, location, adjacent use, and other relevant planning criteria.

(c) Controls. An additional 25 feet of height above the otherwise applicable height limit is permitted for a development project subject to this Section 263.32 without requiring Conditional Use authorization by the Planning Commission only if it meets the following conditions:

(1) The project provides housing units consisting entirely of on-site or off-site Affordable Housing Units pursuant to subsection 263.32(b)(1); or

(2) The project provides land for housing, publicly-owned parks, or publicly-owned recreational amenities pursuant to subsections 263.32(b)(2) or (3). The development capacity of the project receiving a special height exception pursuant to this subsection 263.32(c)(2) shall not be greater than the development capacity achievable without the special height exception.

(3) The additional height shall not cause any new or substantially increased significant impacts that cannot be mitigated to less than significant levels related to wind and shadow that would not have occurred without the additional height, as determined by the Environmental Review Officer.

(4) A project using a special height exception pursuant to this Section 263.32 shall be subject to Sections 132.4 and 270(h), based on the otherwise applicable Height limit for the lot.

(5) A project using a special height exception pursuant to this Section 263.32 may add 25 feet above the otherwise applicable Height limit for purposes of calculating its Apparent Mass Reduction pursuant to Section 270(h).

(Added by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; amended by Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)

AMENDMENT HISTORY

Division (c) amended; second division (c)(2) and divisions (c)(3)-(c)(4) redesignated as (c)(3)- (c)(5); Ord. 63-20, Eff. 5/25/2020.