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For purposes of this Chapter, the following definitions shall apply:
(a) "Approve" or "approval" shall mean an action by a City officer, department, board or commission sponsoring a City project in which a final commitment is made by such sponsoring officer, department, board or commission to fund or undertake a City project. Such approval may include, but is not limited to, a decision to award a grant for a City project at a specific site, or to purchase or acquire an interest in particular real estate to locate a City project. Approval shall not include a decision to undertake a preliminary study of one or more potential sites for a City project. Approval shall refer only to the actions of the sponsoring officer, department, board or commission.
(b) "City project" shall mean the following:
(1) A project that:
(A) Involves new construction, a change in use, or a significant expansion of an existing use at a specific location; and
(B) Houses City operations at, or provides services or assistance from, such specified location; and
(C) Is undertaken directly by the City or any of its officers, departments, boards or commissions; or by an agent, contractor, service provider, or other person that receives $50,000 or more in City funding for the construction and related work associated with the project and/or operating expenses for the project at such fixed location.
(2) "City project" shall include, but is not limited to, administrative offices, housing and other residential projects, and programs that provide services or assistance for the benefit of all or some members of the public from a fixed location.
(c) "City funding" shall mean funding provided directly by the City or administered by the City through the use of federal, state or other funding sources.
(d) “Significant expansion of existing use” shall mean the lesser of an addition amounting to 50 percent of gross floor area, or 1,500 square feet or more of gross floor area, as determined by the Zoning Administrator in accordance with Section 102 of the San Francisco Planning Code.
(Added by Proposition I, 6/2/98; amended by Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)
The following City projects shall be exempted from this Section:
(a) A shelter for battered persons;
(b) A State-authorized, certified, or licensed Residential Care Facility, as defined in Section 102 of the Planning Code;
(c) A City project undertaken solely to achieve compliance with the disabled access requirements of the Americans With Disabilities Act or the California Building Code;
(d) Projects in the public right-of-way;
(e) A project at a fixed location that is outside of the City limits of the City and County of San Francisco.
(Added by Proposition I, 6/2/98; amended by Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)
In the event that a City project is approved pursuant to the provisions of this Act, that approval shall be limited to the specific site and the specific use granted in the approval. Any changes to the City project which involve a different site, or a different use, or a redirection of the funding for the project in any way, shall be subject to the provisions of this Act and shall require a new preapproval notice procedure.
(Added by Proposition I, 6/2/98)
Those City projects subject to this Chapter shall comply with the following signposting requirements:
(a) Posting. At least 15 days prior to consideration of approval of a City project, the City officer, department, board or commission considering such approval shall post a sign on the property on which the City project is proposed. Such a sign shall be posted through the date of approval or disapproval of the City project by the sponsoring City entity.
(b) Location of Sign. The sign shall meet the following requirements:
(1) The sign shall be posted inside of windows that are no more than six feet back from the property line, where the windows are of sufficient size to accommodate the sign. The bottom of the sign shall be no lower than four feet above grade and the top of the sign shall be no higher than eight feet six inches above grade. The sign shall not be obstructed by awnings, landscaping, or other impediment and shall be clearly visible from a public street, alley, or sidewalk.
(2) In the absence of windows meeting the above criteria where the building facade is no more than nine feet back from the property line, the sign shall be affixed to the building, with the bottom of the sign being at least five feet above grade and the top of the sign being no more than seven feet six inches above grade. The sign shall be protected from the weather as necessary. The sign shall not be obstructed by awnings, landscaping, or other impediment, and shall be clearly visible from a public street, alley, or sidewalk.
(3) Where the structure is more than nine feet from the property line the sign shall be posted at the property line with the top of the sign no more than six feet and no less than five feet above grade. Such signs shall be attached to standards and shall be protected from the weather as necessary.
(4) If no structures occupy the property, signs shall be posted sufficiently to provide adequate notice to the public. The Director of Administrative Services shall be responsible for determining the number of signs to be posted on such property.
(c) Contents and Size of Signs. The sign shall be at least thirty inches by thirty inches. The sign shall be entitled NOTICE OF INTENT TO APPROVE A CITY PROJECT AT THIS LOCATION. The lettering of the title shall be at least 1¼-inch capital letters. All other letters shall be at least ¾-inch uppercase and ½-inch lowercase. The sign shall provide an identification of: the officer, department, board or commission that will determine whether to approve the City project; the date upon which approval will be considered; and the procedure for obtaining additional information or submitting comments, which shall include, but not be limited to, a local contact person and telephone number where that person may be reached.
(d) Production of Signs. The Director of Administrative Services shall develop a standardized sign that may be used to satisfy this Section. The Director of Administrative Services may charge a fee sufficient to cover the costs of producing such signs.
(Added by Proposition I, 6/2/98)
In lieu of the signposting requirements in Section 79.5, a City officer, department, board or commission shall send mailed notice to the owner of each property within 300 feet of the lot line of the property on which the City project is proposed. Notice shall be sent to the property owners reflected on the latest Citywide Assessor roll and neighborhood associations and organizations listed with the Planning Department where the site would be located within the indicated geographic area of interest of said association or organization. In addition, to the extent practicable, mailed notice shall be sent to the occupants of each property with 300 feet of the lot line of the property on which the City project is proposed. The mailed notice shall include, at a minimum, all of the information required in Section 79.5(c). Mailed notice shall be sent at least 20 days prior to consideration of approval of a City project.
(Added by Proposition I, 6/2/98)
Every person who has possession of property that is the subject of the preapproval signposting process required by this Chapter shall permit entry at a reasonable time to allow the posting of the sign required herein. No person shall remove or cause the removal of such sign during the period of time that posting is required herein without reasonable cause to believe that such removal is necessary to protect persons or property from injury.
(Added by Proposition I, 6/2/98)
The requirements of this Chapter are not intended to give any right to any person to challenge in any administrative or judicial proceeding any action if such person would not otherwise have the legal right to do so. A party aggrieved by a decision to approve or disapprove a City project may utilize any existing avenue(s) of appeal.
(Added by Proposition I, 6/2/98)