SEC. 207. DWELLING UNIT DENSITY LIMITS.

   (a)   Applicability. The density of Dwelling Units permitted in the various Districts shall be as set forth in the Zoning Control Table for the district in which the lot is located. The term “Dwelling Unit” is defined in Section 102 of this Code. In districts where no density limit is specified, density shall not be limited by lot area but rather by the applicable requirements and limitations set forth elsewhere in this Code. Such requirements and limitations include, but are not limited to, height, bulk, setbacks, open space, exposure and unit mix as well as applicable design guidelines, elements and area plans of the General Plan and design review by the Planning Department.

   (b)   Rules for Calculating Dwelling Unit Density. In districts that establish a maximum dwelling unit density, the following rules shall apply in the calculation of dwelling unit density under this Code:

      (1)   A remaining fraction of one-half or more of the minimum of lot area per Dwelling Unit shall be adjusted upward to the next higher whole number of Dwelling Units.

      (2)   Where permitted by this Code, two or more of the dwelling and other housing uses specified in the Code may be located on a single lot, either in one structure or in separate structures, provided that the specified density limits are not exceeded by the total of such combined uses. Where Dwelling Units and Group Housing are combined, the maximum permitted density for Dwelling Units and for Group Housing shall be prorated to the total lot area according to the quantities of these two uses that are combined on the lot.

      (3)   Where any portion of a lot is narrower than five feet, such a portion shall not be counted as part of the lot area for purposes of calculating the permitted dwelling density.

      (4)   No private right-of-way used as the principal vehicular access to two or more lots shall be counted as part of the lot area of any such lot for purposes of calculating the permitted dwelling unit density.

      (5)   Where a lot is divided by a use district boundary line, the dwelling unit density limit for each district shall be applied to the portion of the lot in that district, and none of the Dwelling Units attributable to the district permitting the greater density shall be located in the district permitting the lesser density.

      (6)   In Neighborhood Commercial Districts, the dwelling unit density shall be at a density ratio not exceeding the number of Dwelling Units permitted in the nearest R District, provided that the maximum density ratio shall in no case be less than the amount set forth in the Zoning Control Table for the district in which the lot is located. The distance to each R District shall be measured either from the midpoint of the front lot line or from a point directly across the street therefrom, whichever permits the greater density.

   (c)   Exceptions to Dwelling Unit Density Limits. An exception to the calculations under this Section 207 shall be made in the following circumstances:

      (1)   Affordable Units in Projects with 20 Percent or More Affordable Units. For projects that are not located in any RH-1 or RH-2 zoning district, or are not seeking and receiving a density bonus under the provisions of California Government Code Section 65915, where 20 percent or more of the Dwelling Units on-site are "Affordable Units," the on-site Affordable Units shall not count towards the calculation of dwelling unit density. This Planning Code Section does not provide exceptions to any other Planning Code requirements such as height or bulk. For purposes of this Section 207, "Affordable Units" shall be defined as meeting (A) the criteria of Section 406(b); (B) the requirements of Section 415et seq. for on-site units; or (C) restricted units in a project using California Debt Limit Allocation Committee (CDLAC) tax-exempt bond financing and 4 percent tax credits under the Tax Credit Allocation Committee (TCAC). If a project sponsor proposes to provide "Affordable Units" that are not restricted by any other program, in order to receive the benefit of the additional density permitted under this Subsection (c)(1) or Subsection (c)(2), the project sponsor shall elect and the Planning Department and MOHCD shall be authorized to enforce, restricting the units as affordable under Planning Code Section 415.6 up to a maximum of 25 percent of the units in the principal project. The project sponsor shall make such election through the procedures described in Section 415.5(g) including submitting an Affidavit of Compliance indicating the project sponsor's election to pursue the benefits of Subsection (c)(1) or (c)(2) and committing to up to 25 percent on-site units restricted under Section 415.6 prior to approval by the Planning Commission or Planning Department staff. If a project sponsor obtains the exemption from the density calculation for Affordable Units provided in this subsection, the exemption shall be recorded against the property. Any later request to decrease the number of Affordable Units shall require the project to go back to the Planning Commission or Planning Department, whichever entity approved the project as a whole.

      (2)   Affordable Units in RTO Districts. In the RTO District, on site Dwelling Units that are "Affordable Units," as defined in Subsection (a), shall not count toward density calculations or be limited by lot area.

      (3)   Double Density for Senior Housing in RH, RM, RC, and NC Districts. Senior Housing, as defined in and meeting all the criteria and conditions defined in Section 102 of this Code, is permitted up to twice the dwelling unit density otherwise permitted for the District.

         (A)   Projects in RC Districts or within one-quarter of a mile from an RC or NC-2 (Small-Scale Neighborhood Commercial District) zoned area or higher, including Named Commercial Districts, and located in an area with adequate access to services including but not limited to transit, shopping and medical facilities, shall be principally permitted.

         (B)   Projects in RH and RM Districts located more than one-quarter of a mile from an RC or NCD-2 (Small-Scale Neighborhood Commercial District) zoned area or higher, including Named Commercial Districts, shall require Conditional Use authorization.

      (4)   Local Accessory Dwelling Unit Program 3 Accessory Dwelling Units in Multifamily Buildings; Accessory Dwelling Units in Single-Family Homes That Do Not Strictly Meet the Requirements in subsection (c)(6).

         (A)   Definition. An “Accessory Dwelling Unit” (ADU) is defined in Section 102.

         (B)   Applicability. This subsection (c)(4) shall apply to the construction of Accessory Dwelling Units on all lots located within the City and County of San Francisco in areas that allow residential use, except that construction of an Accessory Dwelling Unit is regulated by subsection (c)(6), and not this subsection (c)(4), if all of the following circumstances exist:

            (i)   only one ADU will be constructed;

            (ii)   the ADU will be located on a lot that is zoned for single-family or multifamily use and contains an existing or proposed single-family dwelling;

            (iii)   the ADU is either attached to or will be constructed entirely within the “living area” (as defined in subsection (c)(6)(B)(iii)) or the buildable area of the proposed or existing primary dwelling, or constructed within the built envelope of an existing and authorized auxiliary structure on the same lot;;2 provided, however, that (A) when a stand-alone garage, storage structure, or other auxiliary structure is being converted to an ADU, an expansion to the envelope is allowed to add dormers even if the stand-alone garage, storage structure, or other auxiliary structure is in the required rear yard and (B) on a corner lot, a legal stand-alone nonconforming garage, storage structure, or other auxiliary structure may be expanded within its existing footprint by up to one additional story in order to create a consistent street wall and improve the continuity of buildings on the block.

            (iv)   the ADU will strictly meet the requirements set forth in subsection (c)(6) without requiring a waiver of Code requirements pursuant to subsection (c)(4)(G); and

            (v)   the permit application does not include seismic upgrade work pursuant to subsection (c)(4)(F).

         (C)   Controls on Construction. An Accessory Dwelling Unit regulated by this subsection (c)(4) is permitted to be constructed in an existing or proposed building under the following conditions:

            (i)   For lots that have four existing Dwelling Units or fewer or where the zoning would permit the construction of four or fewer Dwelling Units, one ADU is permitted; for lots that have more than four existing Dwelling Units or are undergoing seismic retrofitting under subsection (c)(4)(F) below, or where the zoning would permit the construction of more than four Dwelling Units, there is no limit on the number of ADUs permitted; provided, however, that the Department shall not approve an application for construction of an ADU where a tenant on the lot has been evicted pursuant to Administrative Code Sections 37.9(a)(9) through (a)(12) and 37.9(a)(14) under a notice of eviction served within 10 years prior to filing the application for a building permit to construct the ADU or where a tenant has been evicted pursuant to Administrative Code Section 37.9(a)(8) under a notice of eviction served within five years prior to filing the application for a building permit to construct the ADU. This provision shall not apply if the tenant was evicted under Section 37.9(a)(11) or 37.9(a)(14) and the applicant(s) either (A) have certified that the original tenant reoccupied the unit after the temporary eviction or (B) have submitted to the Department and to the Rent Board a declaration from the property owner or the tenant certifying that the property owner notified the tenant of the tenant’s right to reoccupy the unit and the tenant chose not to reoccupy it.

            (ii)   Except as provided in subsections (iii) and (iv) below, an Accessory Dwelling Unit shall be constructed entirely within the buildable area of an existing lot, provided that the ADU does not exceed the existing height of an existing building, or within the built envelope of an existing and authorized stand-alone garage, storage structure, or other auxiliary structure on the same lot, as the built envelope existed three years prior to the time the application was filed for a building permit to construct the ADU. For purposes of this provision, the “built envelope” shall include the open area under a cantilevered room or room built on columns; decks, except for decks that are supported by columns or walls other than the building wall to which they are attached and are multi-level or more than 10 feet above grade; and lightwell infills provided that the infill will be against a blank neighboring wall at the property line and not visible from any off-site location; as these spaces exist as of July 11, 2016. An ADU constructed entirely within the existing built envelope, as defined in this subsection (ii), along with permitted obstructions allowed in Section 136(c)(32), of an existing building or authorized auxiliary structure on the same lot, or where an existing stand-alone garage or storage structure has been expanded to add dormers, is exempt from the notification requirements of Section 311 of this Code unless the existing building or authorized auxiliary structure on the same lot is in an Article 10 or Article 11 District in which case the notification requirements will apply. If an ADU will be constructed under a cantilevered room or deck that encroaches into the required rear yard, a pre-application meeting between the applicant and adjacent neighbors for all the proposed work is required before the application may be submitted.

            (iii)   When a stand-alone garage, storage, or other auxiliary structure is being converted to an ADU, an expansion to the envelope is allowed to add dormers even if the stand-alone garage, storage structure, or other auxiliary structure is in the required rear yard.

            (iv)   On a corner lot, a legal stand-alone nonconforming garage, storage structure, or other auxiliary structure may be expanded within its existing footprint by up to one additional story in order to create a consistent street wall and improve the continuity of buildings on the block.

            (v)   An Accessory Dwelling Unit shall not be constructed using space from an existing Dwelling Unit except that an ADU may expand into habitable space on the ground or basement floors provided that it does not exceed 25% of the gross square footage of such space. The Zoning Administrator may waive this 25% limitation if (a) the resulting space would not be usable or would be impractical to use for other reasonable uses included but not limited to storage or bicycle parking or (b) waiving the limitation would help relieve any negative layout issues for the proposed ADU.

            (vi)   An existing building undergoing seismic retrofitting may be eligible for a height increase pursuant to subsection (c)(4)(F) below.

            (vii)   Notwithstanding any other provision of this Code, an Accessory Dwelling Unit authorized under this Section 207(c)(4) may not be merged with an original unit(s).

            (viii)   An Accessory Dwelling Unit shall not be permitted in any building in a Neighborhood Commercial District or in the Chinatown Community Business or Visitor Retail Districts if it would eliminate or reduce a ground-story retail or commercial space, unless the Accessory Dwelling Unit is a Designated Child Care Unit, as defined in Section 102, and meets all applicable standards of Planning Code Section 414A.6(e).

         (D)   Prohibition of Short-Term Rentals. An Accessory Dwelling Unit shall not be used for Short-Term Residential Rentals under Chapter 41A of the Administrative Code, which restriction shall be recorded as a Notice of Special Restriction on the subject lot.

         (E)   Restrictions on Subdivisions. Notwithstanding the provisions of Article 9 of the Subdivision Code, a lot with an Accessory Dwelling Unit authorized under this Section 207(c)(4) shall not be subdivided in a manner that would allow for the ADU to be sold or separately financed pursuant to any condominium plan, housing cooperative, or similar form of separate ownership; provided, however, that this prohibition on separate sale or finance of the ADU shall not apply to a building that (i) within three years prior to July 11, 2016 was an existing condominium with no Rental Unit as defined in Section 37.2(r) of the Administrative Code, and (ii) has had no evictions pursuant to Sections 37.9(a) through 37.9(a)(12) and 37.9(a)(14) of the Administrative Code within 10 years prior to July 11, 2016.

         (F)   Buildings Undergoing Seismic Retrofitting. For Accessory Dwelling Units on lots with a building undergoing mandatory seismic retrofitting in compliance with Chapter 4D of the Existing Building Code or voluntary seismic retrofitting in compliance with the Department of Building Inspection’s Administrative Bulletin 094, the following additional provision applies: If allowed by the Building Code, a building in which an Accessory Dwelling Unit is constructed may be raised up to three feet to create ground floor ceiling heights suitable for residential use. Such a raise in height

            (i)   Shall be exempt from the notification requirements of Section 311 of this Code; and

            (ii)   May expand a noncomplying structure, as defined in Section 180(a)(2) of this Code and further regulated in Sections 172, 180, and 188, without obtaining a variance for increasing the discrepancy between existing conditions on the lot and the required standards of this Code.

            (iii)   On lots where an ADU is added in coordination with a building undergoing mandatory seismic retrofitting in compliance with Chapter 4D of the Existing Building Code or voluntary seismic retrofitting in compliance with the Department of Building Inspection’s Administrative Bulletin 094, the building and the new ADU shall maintain any eligibility to enter the condo-conversion lottery and may only be subdivided if the entire property is selected on the condo-conversion lottery.

            (iv)   Pursuant to subsection (4)(C)(i), there is no limit on the number of ADUs that are permitted to be added in connection with a seismic retrofit.

         (G)   Waiver of Code Requirements; Applicability of Rent Ordinance. Pursuant to the provisions of Section 307(l) of this Code, the Zoning Administrator may grant an Accessory Dwelling Unit a complete or partial waiver of the density limits and bicycle parking, rear yard, exposure, or open space standards of this Code. If the Zoning Administrator grants a complete or partial waiver of the requirements of this Code and the subject lot contains any Rental Units at the time an application for a building permit is filed for construction of the Accessory Dwelling Unit(s), the property owner(s) shall enter into a Regulatory Agreement with the City under subsection (c)(4)(H) subjecting the ADU(s) to the San Francisco Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code) as a condition of approval of the ADU(s). For purposes of this requirement, Rental Units shall be as defined in Section 37.2(r) of the Administrative Code.

         (H)   Regulatory Agreements. A Regulatory Agreement required by subsection (c)(4)(G) as a condition of approval of an Accessory Dwelling Unit shall contain the following:

            (i)   a statement that the ADU(s) are not subject to the Costa Hawkins Rental Housing Act (California Civil Code Section 1954.50) because, under Section 1954.52(b), the owner has entered into this agreement with the City in consideration for a complete or partial waiver of the density limits, and/or bicycle parking, rear yard, exposure, or open space standards of this Code or other direct financial contribution or other form of assistance specified in California Government Code Sections 65915 et seq. (“Agreement”); and

            (ii)   a description of the complete or partial waiver of Code requirements granted by the Zoning Administrator or other direct financial contribution or form of assistance provided to the property owner; and

            (iii)   a description of the remedies for breach of the Agreement and other provisions to ensure implementation and compliance with the Agreement.

            (iv)   The property owner and the Planning Director (or the Director’s designee), on behalf of the City, will execute the Agreement, which shall be reviewed and approved by the City Attorney’s Office. The Agreement shall be executed prior to the City’s issuance of the First Construction Document for the project, as defined in Section 107A.13.1 of the San Francisco Building Code.

            (v)   Following execution of the Regulatory Agreement by all parties and approval by the City Attorney, the Regulatory Agreement or a memorandum thereof shall be recorded against the property and shall be binding on all future owners and successors in interest.

            Any Regulatory Agreement entered into under this Section 207(c)(4) shall not preclude a landlord from establishing the initial rental rate pursuant to Section 1954.53 of the Costa Hawkins Rental Housing Act.

         (I)   Monitoring Program.

            (i)   Monitoring and Enforcement of Unit Affordability. The Department shall establish a system to monitor the affordability of the Accessory Dwelling Units authorized to be constructed by this subsection 207(c)(4) and shall use such data to enforce the requirements of the Regulatory Agreements entered into pursuant to subsection (c)(4)(H). Property owners shall provide the Department with rent information as requested by the Department. The Board of Supervisors recognizes that property owners and tenants generally consider rental information sensitive and do not want it publicly disclosed. The intent of the Board is for the Department to obtain the information for purposes of monitoring and enforcement but that its public disclosure is not linked to specific individuals or units. The Department shall consult with the City Attorney's Office with respect to the legal requirements to determine how best to achieve the intent of the Board.

            (ii)   Monitoring of Prohibition on Use as Short Term Rentals. The Department shall collect data on the use of Accessory Dwelling Units authorized to be constructed by this subsection (c)(4) as Short-Term Residential Rentals, as that term is defined in Administrative Code Section 41A.4, and shall use such data to evaluate and enforce Notices of Special Restriction pursuant to subsection 207(c)(4)(D) and the requirements of Administrative Code Chapter 41A.

            (iii)   Department Report. The Department shall publish a report annually until April 1, 2019, that describes and evaluates the types of units being developed and their affordability rates, as well as their use as Short-Term Residential Rentals. The report shall contain such additional information as the Director or the Board of Supervisors determines would inform decision makers and the public on the effectiveness and implementation of this subsection (c)(4) and include recommendations for any amendments to the requirements of this Section 207(c)(4). The Department shall transmit this report to the Board of Supervisors for its review and public input. In subsequent years, this information on Accessory Dwelling Units shall be reported annually in the Housing Inventory.

      (5)   On-site Units in Group Housing Projects. For On-site Units in Group Housing projects subject to Section 415.6 that are not located in any RH-1 or RH-2 zoning district, or are not seeking and receiving a density bonus under the provisions of California Government Code Section 65915, the On-site Units in Group Housing projects subject to Section 415.6 shall not count towards the calculation of dwelling unit density. This Planning Code Section does not provide exceptions to any other Planning Code requirements such as height or bulk.

      (6)1    State Mandated Accessory Dwelling Unit Program: Accessory Dwelling Units in Existing or Proposed Single-Family Homes or in a Detached Auxiliary Structure on the Same Lot.

         (A)   Applicability. This subsection (c)(6) shall apply to the construction of Accessory Dwelling Units (as defined in Section 102) in existing or proposed single-family homes or in a detached auxiliary structure on the same lot if the ADU meets the requirements of this subsection. An ADU constructed pursuant to this subsection is considered a residential use that is consistent with the General Plan and the zoning designation for the lot. Adding one ADU to an existing or proposed single-family home or in a detached auxiliary structure on the same lot does not exceed the allowable density for the lot. If construction of the ADU will not meet the requirements of this subsection and the ADU cannot be constructed without a waiver of Code requirements pursuant to subsection (c)(4)(G), the ADU is regulated pursuant to subsection (c)(4) and not this subsection (c)(6).

         (B)   Lots Zoned for Single-Family or Multifamily Use and Containing an Existing or Proposed Single-Family Home; Controls on Construction. An Accessory Dwelling Unit located on a lot that is zoned for single-family or multifamily use and contains an existing or proposed single-family dwelling and constructed pursuant to this subsection (c)(6) shall meet all of the following:

            (i)   The ADU will strictly meet the requirements set forth in this subsection (c)(6)(B) without requiring a waiver of Code requirements pursuant to subsection (c)(4)(G).

            (ii)   The permit application does not include seismic upgrade work pursuant to subsection (c)(4)(F).

            (iii)   Only one ADU will be constructed that is either attached to or will be constructed entirely within either the “living area” or within the buildable area of the proposed or existing primary dwelling or, except as provided in subsections (B)(x) and (xi) below, within the built envelope of an existing and authorized auxiliary structure on the same lot. “Living area” means (as defined in Section 65852.2(i)(1) of the California Government Code) “the interior habitable area of a dwelling unit including basements and attics, but does not include a garage or any accessory structure.”

            (iv)   The ADU must have independent exterior access from the existing or proposed primary dwelling or existing accessory structure, and side and rear setbacks sufficient for fire safety.

            (v)   For projects involving a property listed in the California Register of Historic Places, or a property designated individually or as part of a historic or conservation district pursuant to Article 10 or Article 11, the ADU shall comply with any architectural review standards adopted by the Historic Preservation Commission to prevent adverse impacts to such historic resources. Such projects shall not be required to obtain a Certificate of Appropriateness or a Permit to Alter.

            (vi)   The Department shall apply any design guidelines in the Code to the proposed project and review the design of the proposed project to ensure architectural compatibility with existing buildings on the subject lot.

            (vii)   No setback is required for an existing garage that is converted to an ADU.

            (viii)   All applicable requirements of San Francisco’s health and safety codes shall apply, including but not limited to the Building and Fire Codes.

            (ix)   No parking is required for the ADU. If existing parking is demolished in order to construct the ADU, only the parking space required by this Code for the existing single-family home must be replaced. If replacement parking is required, it may be located in any configuration on the lot including but not limited to covered, uncovered, or tandem space or by the use of mechanical automobile parking lifts.

            (x)   When a stand-alone garage, storage, or other auxiliary structure is being con- verted to an ADU, an expansion to the envelope is allowed to add dormers even if the stand-alone garage, storage structure, or other auxiliary struc- ture is in the required rear yard.

            (xi)   On a corner lot, a legal stand-alone nonconforming garage, storage structure, or other auxiliary structure may be expanded within its existing footprint by up to one additional story in order to create a consistent street wall and improve the continuity of buildings on the block.

            (xii)   When the ADU involves expansion of the built envelope of an existing primary dwelling, or an expansion of the built envelope of an existing and authorized stand-alone garage, storage structure, or other auxiliary structure on the same lot, or the construction of a new detached auxiliary structure on the same lot, the total floor area of the ADU shall not exceed 1,200 square feet.

         (C)   Permit Application Review and Approval. The Department shall approve an application for a permit to construct an Accessory Dwelling Unit within 120 days from receipt of the complete application, without modification or disapproval, if the proposed construction fully complies with the requirements set forth in subsection (c)(6)(B). No requests for discretionary review shall be accepted by the Planning Department for permit applications meeting the requirements of this subsection (c)(6). The Planning Commission shall not hold a public hearing for discretionary review of permit applications meeting the requirements of this subsection (c)(6). Permit applications meeting the requirements of this subsection (c)(6) shall not be subject to the notification or review requirements of Section 311 of this Code.

         (D)   Appeal. The procedures for appeal to the Board of Appeals of a decision by the Department under this subsection (c)(6) shall be as set forth in Section 8 of the Business and Tax Regulations Code.

         (E)   Prohibition of Short-Term Rentals. An Accessory Dwelling Unit authorized under this subsection (c)(6) shall not be used for Short-Term Residential Rentals under Chapter 41A of the Administrative Code. This restriction shall be recorded as a Notice of Special Restriction on the subject lot.

         (F)   Rental; Restrictions on Subdivisions.

            (i)   An ADU constructed pursuant to this subsection (c)(6) may be rented and is subject to all applicable provisions of the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code).

            (ii)   Notwithstanding the provisions of Article 9 of the Subdivision Code, a lot with an Accessory Dwelling Unit authorized under this subsection (c)(6) shall not be subdivided in a manner that would allow for the ADU to be sold or separately financed pursuant to any condominium plan, housing cooperative, or similar form of separate ownership.

         (G)   Department Report. In the report required by subsection (c)(4)(I)(iii), the Department shall include a description and evaluation of the number and types of units being developed pursuant to this subsection (c)(6), their affordability rates, and such other information as the Director or the Board of Supervisors determines would inform decision makers and the public.

         (H)   Notification. Upon determination that an application is in compliance with the standards of subsection 207(c)(6) of the Planning Code, the Planning Department shall cause a notice to be posted on the site pursuant to rules established by the Zoning Administrator and shall cause a written notice describing the proposed project to be sent in the manner described below. This notice shall be in addition to any notices required by the Building Code and shall have a format and content determined by the Zoning Administrator. This notice shall include a description of the proposal compared to any existing improvements on the site with dimensions of the basic features, elevations and site plan of the proposed project including the position of any adjacent buildings, exterior dimensions and finishes, and a graphic reference scale, existing and proposed uses or commercial or institutional business name, if known. The notice shall describe the project review process and shall set forth the mailing date of the notice.

            (i)   Written notice shall be mailed to the project sponsor and tenants of the subject property. Written notice shall also be mailed to tenants of the subject property in unauthorized residential units.

            (ii)   The notification package for a project subject to notice under this subsection 207(c)(6) shall include a written notice and reduced-size drawings of the project. The written notice shall compare the proposed project to the existing conditions at the development lot. Change to basic features of the project that are quantifiable shall be disclosed on the written notice. The basic features of existing and proposed conditions shall include, where applicable, front setback, building depth, rear yard, depth side,3 setbacks, building height, number of stories, dwelling unit count and use of the building.

            (iii)   The written notice shall describe whether the project is a demolition, new construction or alteration project. If the project is an alteration, the type of alteration shall be described: horizontal, vertical, or both horizontal and vertical additions, and where the alteration is located.

            (iv)   A written project description shall be part of the notice. In addition, the notice shall describe the project review process, information on how to obtain additional information, and the contact information of the Planning Department.

            (v)   The building permit application number(s) shall be disclosed in the written notice.

            (vi)   11x17 sized or equivalent drawings to scale shall be included with the written notice. The drawings shall illustrate the existing and proposed conditions in relationship to the adjacent properties. All dimensions and text throughout the drawings shall be legible. The drawings shall include a site plan, floor plans, and elevations documenting dimensional changes that correspond to the basic features included in the written notice. The existing and proposed site plan shall illustrate the project including the full lots and structures of the directly adjacent properties. The existing and proposed floor plans shall illustrate the location and removal of interior and exterior walls. The use of each room shall be labeled. Significant dimensions shall be provided to document the change proposed by the project. The existing and proposed elevations shall document the change in building volume: height and depth. Dimensional changes shall be documented, including overall building height and also parapets, penthouses, and other proposed vertical and horizontal building extensions. The front and rear elevations shall include the full profiles of the adjacent structures including the adjacent structures’ doors, windows, and general massing. Each side elevation shall include the full profile of the adjacent building in the foreground of the project, and the adjacent windows, lightwells and general massing shall be illustrated.

            (vii)   Language Access. All forms of public notice provided pursuant to this subsection 207(c)(6)(H) shall comply with the requirements of the Language Access Ordinance, Chapter 91 of the Administrative Code, to provide vital information about the Planning Department’s services or programs in the languages spoken by a Substantial Number of Limited English Speaking Persons, as defined in Chapter 91. The notices required by this subsection 207(c)(6)(H) shall contain the information set forth in subsection 207(c)(6)(h)(ii)-(v) in the languages spoken by a Substantial Number of Limited English Speaking Persons, as defined in Administrative Code Chapter 91.

            (viii)   Online Notice. For 30 calendar days, on a publicly accessible website that is maintained by the Planning Department, the Planning Department shall provide a digital copy formatted to print on 11 x 17 inch paper of the posted notice, including the contents set forth in subsection 207(c)(6)(h)(ii)-(v) for the application; and digital copies of any architectural and/or site plans that are scaled and formatted to print on 11 x 17 inch paper, are consistent with Plan Submittal Guidelines maintained and published by the Planning Department, and that describe and compare, at a minimum, the existing and proposed conditions at the subject property, the existing and proposed conditions in relationship to adjacent properties, and that may include a site plan, floor plans, and elevations documenting dimensional changes required to describe the proposal.

      (7)   A Designated Child Care Unit that meets all the applicable standards of Planning Code Section 414A.6 shall not count towards the calculation of maximum density permitted on the site.

(Amended by Ord. 155-84, App. 4/11/84; Ord. 115-90, App. 4/6/90; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; Ord. 161-15, File No. 150804, App. 9/18/2015, Eff. 10/18/2015; Ord. 162-15 , File No. 150805, App. 9/18/2015, Eff. 10/18/2015; Ord. 164-15 , File No. 150348, App. 9/23/2015, Eff. 10/23/2015, Retro. 5/20/2015; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 95-17, File No. 170125, App. 5/12/2017, Eff. 6/11/2017; Ord. 162-17 ,, File No. 170434, App. 7/27/2017, Eff. 8/26/2017; Ord. 195-18, File No. 180268, App. 8/10/2018, Eff. 9/10/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 7-19, File No. 180917, App. 1/25/2019, Eff. 2/25/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019)

AMENDMENT HISTORY

Section header and section amended; Ord. 22-15, Eff. 3/22/2015. Section header amended; former section amended and designated as current division (a); former Sec. 207.1 amended and designated as divisions (b) and (c) of this section [see that section for its prior legislative history]; Ord. 30-15 , Eff. 4/25/2015. Divisions (c)(1), (c)(4)(A)-(C) and [former] (c)(4)(D) amended; Ords. 161-15 and 162-15 , Eff. 10/18/2015 [see Editor's Note below]. Division (c) amended; division (c)(5)1 added; Ord. 164-15 , Eff. 10/23/2015. Divisions (b)(1) and (b)(6) amended; Ord. 188-15 , Eff. 12/4/2015. Divisions (c)(4), (c)(4)(B), and (c)(4)(C) amended; new divisions (c)(4)(D)-(I) added; former division (c)(4)(D) redesignated as (c)(4)(I) and amended; division (c)(5)1 added; Ord. 162-16 , Eff. 9/3/2016. Divisions (a), (c), (c)(4), (c)(4)(A), (B), (F), (F)(iii) amended; divisions (c)(4)(B)(i) - (v) and (c)(6)(C) - (F) added; division (c)(5)1 redesignated as (c)(6); division (c)(5)(C)1 redesignated as (c)(6)(G) and amended; Ord. 95-17 , Eff. 6/11/2017. Divisions (c)(4)(B), (c)(4)(B)(ii) and (iii), (c)(4)(C)(i)-(iii) and (vi) amended; division (c)(4)(F)(iv) added; division (c)(6)(B) deleted; divisions (c)(6)(C)-(G) redesignated as (c)(6)(B)-(F) and current divisions (c)(6)(B), (c)(6)(B)(i), (c)(6)(B)(iii), (c)(6)(B)(v), (c)(6)(B)(vi), and (c)(6)(C) amended; Ord. 162-17 , Eff. 8/26/2017. Divisions (c)(4)(B)(iii), (c)(4)(B)(v), (c)(4)(C)(i), (c)(4)(C)(ii) amended; new divisions (c)(4)(C)(iii) and (iv) added; former divisions (c)(4)(C)(iii)-(vi) redesignated as (c)(4)(C)(v)-(viii); divisions (c)(4)(G), (c)(4)(H)(i), (c)(4)(H)(iv), (c)(4)(I)(ii), (c)(6)(A), (c)(6)(B)(i), and (c)(6)(B)(iii) amended; divisions (c)(6)(B)(x) and (xi) added; divisions (c)(6)(C) and (c)(6)(E)(ii) amended; Ord. 195-18 , Eff. 9/10/2018. Divisions (c)(6)(B)(i) and (c)(6)(C) amended; Ord. 202-18 , Eff. 9/10/2018. Division (c)(4)(C)(viii) amended; division (c)(7) added; Ord. 7-19 , Eff. 2/25/2019. Divisions (c)(4), (c)(4)(B)(ii)-(iii), (c)(4)(C), (c)(4)(C)(i), (ii), and (iv), (c)(4)(E), (c)(4)(F)(i)-(iv), (c)(4)(G), (c)(4)(H)(i) and (iv), (c)(6)-(c)(6)(B), (c)(6)(B)(iii)-(v) and (x) amended; division (c)(6)(B)(xii) added; division (c)(6)(C) amended; division (c)(6)(D) added; former divisions (c)(6)(D)-(F) redesignated as (c)(6)(E)- (G); divisions (c)(6)(H)-(c)(6)(H)(viii) added; Ord. 116-19 , Eff. 7/29/2019.

CODIFICATION NOTES

1.   Division (c)(6) was originally added as division (c)(5) by Ord. 162-16, Eff. 9/3/2016. Because Ord. 164-15, Eff. 10/23/2015, had already added a division (c)(5), the newer division (c)(5) was redesignated as division (c)(6) by Ord. 95-17, Eff. 6/11/2017.

2.   So in Ord. 195-18.

3.   So in Ord. 116-19.

Editor's Notes:
   As documented in the history notes above, this section was amended by two ordinances enacted concurrently, Ords. 161-15 and 162-15, both effective on 10/18/2015. The ordinances contained a number of overlapping amendments, with the primary distinction between them being the addition of references to two different specific Board of Supervisors Districts. (Those references were deleted by subsequent amendments.) The second of the two concurrent ordinances expressly provides that:

The Board intends that, if adopted, the additions and deletions shown in both ordinances be given effect so that the substance of each ordinance be given full force and effect. To this end, the Board directs the City Attorney's Office and the publisher to harmonize the provisions of each ordinance.

See Section 9 of Ord. 162-15. The editor set out this section in accordance with the Board's direction to harmonize the two ordinances.
   As a separate matter, Ord. 155-15 (File No. 150348, App. 8/6/2015, Eff. 9/5/2015) purported to amend this section. At the direction of the Office of the City Attorney, Ord. 155-15 was never codified (and accordingly is not referenced in the history notes above). Its provisions effectively were superseded by Ord. 164-15 (File No. 150348, App. 9/23/2015, Eff. 10/23/2015, Retro. 5/20/2015).