SEC. 1312. EXCEPTIONS.

§ 1312

Controversial
In plain language

The Director may grant exceptions to subdivision code requirements upon application, but only after a public hearing and only if unusual circumstances exist, the exception preserves a property right, it won't harm public welfare or neighboring properties, and the City Planning Commission finds it consistent with the Master Plan after their own hearing. Any exception granted must include conditions set by the Director.

A property owner can ask the Director for permission to break a subdivision rule. Before saying yes, the Director must hold a public hearing and check four things: (1) the property has unusual problems or features, (2) the exception is needed to protect the owner's important property rights, (3) allowing it won't hurt the public or neighboring properties, and (4) the City Planning Commission has held a hearing and agreed it fits with the city's Master Plan. If the Director approves, they can add special conditions to the approval.

  • Controversial:Exceptions to subdivision code requirements are discretionary decisions that affect neighborhood character, density, and development patterns—topics San Franciscans frequently debate in public forums.

AI-generated · claude-haiku-4-5 · informational only, not legal advice.

Official text

(a) Upon application by the subdivider, the Director may authorize exceptions to any of the substantive requirements set forth in this Code and in the Subdivision Regulations.

(b) Before granting any such exception in whole or in part, the Director shall hold a public hearing on the requested exception. Furthermore, he must find:

(1) That there are unusual circumstances or conditions affecting the property;

(2) That the exception is necessary for the preservation and enjoyment of a substantial property right of the applicant;

(3) That the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the area in which said property is situated; and

(4) That the granting of such exception has been determined by the City Planning Commission to be consistent with the Master Plan, after said Commission has held a public hearing.

(c) In granting any such exception, the Director shall designate the conditions under which the exception is granted.

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