The City Planning Commission may authorize a modification of the requirements of Section 91-831 (Ground floor requirements), the provisions of Sections 91-832 (Plaza improvements) and 91-833 (Special regulations for plazas less than 40 feet in depth) for publicly accessible open areas and the provisions of Section 91-834 for indoor public spaces. In no event shall an enlargement be permitted within a publicly accessible open area or other required open area unless specified on Map 9 of Appendix A of this Chapter.

In order to grant such authorization, the Commission shall find:

(a)        the location, use, access, size and treatment of the enlargement would result in a superior urban design relationship with the surrounding streets, buildings and open areas;

(b)        the usefulness and attractiveness of the publicly accessible open area, required open area or indoor public space will be assured by the proposed layout and design, and that such modification will result in a superior urban design relationship with surrounding streets, buildings and public open areas; and

(c)        any waiver of required amenities and circulation paths is the minimum necessary to create a better site plan.

The Commission may prescribe appropriate conditions and controls to enhance the relationship between the enlargement, publicly accessible open area, required open area or indoor public space and the surrounding streets, buildings and open areas.