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Interim zoning controls may be imposed by resolution of the Planning Commission or the Board of Supervisors through the exercise of a legislative rule-making power subject to the procedures and standards and for the purposes set forth in this Section.
(a) Purposes. This interim zoning controls process is found and declared to be necessary to fulfill the purposes of this Code as stated in Section 101 herein. The Board of Supervisors and the Planning Commission are hereby authorized to impose interim zoning controls to suspend temporarily the processing of certain applications for demolition permits, building permits and other land use authorizations which may be in conflict with a contemplated zoning proposal which the Board of Supervisors, the Planning Commission or the Planning Department is considering or studying or intends to study within a reasonable time. The provisions of this Section will allow time for the orderly completion of a planning study and for the adoption of appropriate legislation. Interim zoning controls are necessary to ensure that the legislative scheme which may be ultimately adopted is not undermined during the planning and legislative process by the approval or issuance of permits authorizing the alteration, construction or demolition of buildings or the establishment or change of uses which will conflict with that scheme. In determining whether to impose interim zoning controls, the body imposing the controls shall consider the impact on the public health, safety, peace and general welfare if the proposed controls are not imposed, including, but not limited to, the public interest in the following objectives:
(1) Preservation of historic and architecturally significant buildings and areas;
(2) Preservation of residential neighborhoods;
(3) Preservation of neighborhoods and areas of mixed residential and commercial uses in order to preserve the existing character of such neighborhoods and areas;
(4) Preservation of the City's rental housing stock;
(5) Development and conservation of the commerce and industry of the City in order to maintain the economic vitality of the City, to provide its citizens with adequate jobs and business opportunities, and to maintain adequate services for its residents, visitors, businesses and institutions;
(6) Control of uses which have an adverse impact on open space and other recreational areas and facilities;
(7) Control of uses which generate an adverse impact on pedestrian and vehicular traffic;
(8) Control of uses which generate an adverse impact on public transit.
(b) Effect of Interim Zoning Controls Upon Permit Applications. A resolution of the Board of Supervisors or of the Planning Commission imposing interim zoning controls shall set forth the duration of the interim zoning controls. Once interim zoning controls are imposed pursuant to this Section, and for the duration of the controls and any extension permitted by this Section, no department of the City and County of San Francisco, including the Board of Appeals, may approve any application for a demolition permit, a building or site permit or for any other permit or license authorizing the demolition, alteration or construction of any building or the establishment of any use unless the action proposed would conform both to the existing provisions of the Planning Code and also to the provisions of the resolution imposing the controls. Failure of the Board of Supervisors or the Planning Commission to act on a proposed interim control within 120 days of its initiation shall be deemed to constitute disapproval. At any time after the first noticed hearing, in order to insure that the purpose for imposing interim controls is not undermined during the period when their adoption is being considered, the body considering the proposed controls may by resolution issue an order directing the Zoning Administrator, the Director of the Department of Building Inspection, the Board of Appeals, and other permit-issuing and permit-approving agencies to suspend action on applications which propose a use prohibited by the proposed interim controls pending final action on the controls; provided, however, that such order shall not apply to applications filed more than 60 days before the first noticed hearing and shall not prohibit action on applications which would otherwise be deemed approved during the period of such suspension pursuant to Government Code Sections 65950 - 65957.1.
(c) Interim Zoning Controls Imposed by the Board of Supervisors. The procedure set forth in this Section shall govern the imposition of interim zoning controls by the Board of Supervisors. A member of the Board of Supervisors may initiate the procedure by introduction of a resolution which refers to the provisions of this Section authorizing the interim zoning controls process. Upon introduction of the resolution, the Clerk of the Board shall transmit within two business days or within a reasonable time the resolution to the Director of Planning for environmental review. The resolution shall either contain the text of the proposed controls or refer to and incorporate by reference an exhibit which does so. The resolution and any exhibit text shall be approved as to form by the City Attorney. The Director of Planning shall conduct environmental review according to the procedures set forth in Subsection (d). The Clerk of the Board shall schedule a hearing on the proposed interim zoning controls before an appropriate committee of the Board or, if the Board directs by motion, before the full Board of Supervisors. The Clerk shall schedule the hearing so that it is conducted no later than 50 days beyond receipt of notice of the completion of environmental review, unless directed otherwise by motion of the Board. The committee of the Board or the full Board may conduct the hearing required by this Subsection prior to the completion of environmental review, but shall not recommend or approve imposition of the proposed controls until environmental review has been completed. Notice of the hearing shall be provided in accordance with the provisions of Subsection (g). The committee shall report to the Board a summary of the matters presented at the hearing and its recommendation. The Board of Supervisors may adopt a resolution imposing interim zoning controls by a majority vote. Any hearing scheduled before a committee or before the Board to consider the imposition of interim zoning controls may be continued for further consideration to another date pursuant to the regular notice requirements applicable to that body.
(d) Environmental Review. The provisions of this Section shall govern the environmental review process conducted by the Director of Planning upon initiation of the interim zoning controls process by the Board of Supervisors.
(1) The Director of Planning shall determine whether imposition of the proposed interim zoning controls is excluded or categorically exempt from the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) (CEQA). That determination shall be made in writing and transmitted to the Clerk of the Board of Supervisors within two business days or within a reasonable time of receipt of the motion and draft ordinance from the Clerk of the Board. If it is determined that environmental review of imposition of the proposed interim zoning controls is required, the Director of Planning shall either prepare a preliminary negative declaration and publish notice of its preparation, or inform the Clerk of the Board of Supervisors in writing that an environmental impact report must be prepared and submit to the Clerk a proposed motion which would authorize preparation of that report. Except as otherwise noted, the Director of Planning shall make the determinations and take the actions required by this Subsection (d)(1) within 30 days of the receipt of the Board of Supervisors' motion initiating the interim controls procedure and the draft ordinance transmitted by the Clerk of the Board.
(2) If a preliminary negative declaration is published and no appeal is filed within 10 days, the Director of Planning shall transmit to the Clerk of the Board of Supervisors written notification of that fact on the first business day following the tenth day.
(3) If a preliminary negative declaration is published and an appeal is filed within 10 days, the Planning Commission shall, within 40 days of the date that the appeal of the preliminary negative declaration is filed, either affirm the preliminary negative declaration or overrule the preliminary negative declaration and order the preparation of an environmental impact report. The Director of Planning shall transmit to the Clerk of the Board of Supervisors the resolution of the Planning Commission affirming or overruling the preliminary negative declaration within two business days following its adoption.
(4) If the Planning Department or on appeal the Planning Commission determines that an environmental impact report must be prepared before the imposition of the proposed interim controls, no work need be commenced for preparation of that document unless the Board of Supervisors adopts a motion by majority vote, authorizing the preparation of that document. The Clerk of the Board of Supervisors shall transmit a copy of that motion to the Director of Planning, who shall prepare or cause to be prepared the environmental impact report. A final environmental impact report shall be prepared within 18 months after the transmittal of the motion authorizing preparation of that document by the Board to the Director of Planning. The Director shall complete the environmental impact report notwithstanding the fact that the proposed controls have been deemed disapproved after the expiration of 120 days as set forth in Subsection (b), unless directed otherwise by the Board. Upon completion of that document, the same interim controls may be initiated and thereafter adopted within 120 days of their initiation. If the Board votes on a motion authorizing the preparation of an environmental impact report and the motion fails, the interim zoning controls process shall terminate on that date. If the Board does not vote on a motion authorizing the preparation of an environmental impact report within 30 days of the date of receipt of notification that an environmental impact report is required and of the proposed Board motion which would authorize its preparation, the interim zoning controls process shall terminate on the 30th day after receipt of such notification.
(5) Any time limits set forth in this Subsection (d) may be enlarged by motion of the Board.
(e) Interim Zoning Controls Imposed by the Planning Commission. The procedure set forth in this Section shall govern the imposition of interim zoning controls by the Planning Commission. The procedure may be initiated upon application pursuant to Section 306 of the Code by an interested property owner, resident, or commercial lessee as defined by Section 302(b) herein or by adoption of a resolution proposing imposition of the interim zoning controls by the Planning Commission. A resolution proposing imposition of the interim zoning controls shall either contain the text of the proposed controls or refer to and incorporate by reference an exhibit which does so. The resolution and any exhibit text shall be approved as to form by the City Attorney. Upon adoption of that resolution or receipt of the application, the Zoning Administrator shall provide the notice required by Subsection (g) within 20 days. Within 30 days after the required notice has been provided, the Commission shall hold a hearing on the proposed interim controls. Upon completion of environmental review as required by applicable provisions of CEQA and the Administrative Code, the Commission may adopt a resolution imposing the interim zoning controls by a majority vote. Matters relating to environmental review which require a hearing may be considered at the same Commission meeting at which the Commission considers and acts upon the proposed controls, so long as environmental review is completed first. Any hearing to consider the imposition of interim zoning controls may be continued for further consideration to another date pursuant to the regular notice requirements applicable to the Commission.
(f) Ratification or Disapproval of Commission Action. Each proposed interim control voted on by the Planning Commission and failing of passage and each interim control imposed by the Planning Commission shall be forwarded within two business days of the Commission action to the Board of Supervisors, which may ratify or disapprove the action taken by the Planning Commission. The interim controls imposed by the Planning Commission shall remain in effect and be deemed ratified unless and until the Board of Supervisors disapproves the controls within 90 days of the date that they are received by the Clerk of the Board. If disapproved, the interim zoning controls shall be of no further force and effect. The Board of Supervisors may disapprove the action of the Planning Commission by a majority vote. In the event the Board disapproves the action of the Commission when the Commission has disapproved a proposed interim control, the Board shall, not later than its next regularly scheduled meeting, adopt the proposed interim control. In considering whether to ratify or disapprove Commission action, the Board shall consider the purposes and objectives set forth in Subsection (a).
(g) Notice. Notice of the time and place of a public hearing on interim zoning controls before the Planning Commission if the Planning Commission initiates the controls, or before the Board of Supervisors or a committee of the Board if a member of the Board initiates the controls, shall be provided pursuant to the requirements of Section 333 of this Code, and such other notice as the Clerk of the Board or the Zoning Administrator may deem appropriate.
Notice of a public hearing by the Board of Supervisors or a committee of the Board for the ratification or disapproval of interim controls imposed by the Planning Commission shall be given pursuant to the requirements of this subsection.
The body imposing the interim zoning controls may not enlarge the area affected by the proposed amendment or modify the proposed amendment in a manner that places greater restrictions on the use of property unless notice is first provided in accordance with the provisions of this subsection and a hearing is provided on the modifications. Notice may be provided pursuant to the provisions of this subsection (g) prior to the completion of the environmental review process.
(h) Duration. Interim zoning controls shall remain in effect for a period specified in the resolution imposing the controls. Such period may not exceed 18 months from the date of imposition of the controls. The body imposing the controls may extend the controls subject to the hearing and notice standards of this Section, but shall not allow any extension which would keep the interim controls in effect longer than 24 months. When determining the appropriate duration of the interim controls, and any extension, the body imposing the controls shall balance (1) the hardship on property owners if the controls are imposed against (2) the detriment to the public if the controls are not imposed, and shall also consider those factors affecting the time required to study the contemplated zoning proposal, such as the complexity of the problem, the need to hire consultants, and the area of study.
(i) Planning Study. Upon the imposition of interim zoning controls by either the Board of Supervisors or the Planning Commission, the Planning Department shall conduct a study of the contemplated zoning proposal and shall propose permanent legislation. As to any controls which are placed in effect for more than six months, the staff of the Planning Department shall report to the entity imposing the controls six months from the date of the imposition of the controls and at least every six months thereafter. The report shall inform that body of (1) the status of the planning study, (2) the findings and recommendations to date, and (3) the estimated time of completion of such study and proposed permanent legislation. These reports shall be considered in a public hearing duly noticed in accordance with the basic rules of the body that imposed the interim zoning controls.
AMENDMENT HISTORY