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(a) Purpose. It is the policy of the City and County of San Francisco to comply with the Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act by reasonably modifying its regulations, policies, practices and procedures for people with disabilities. The City and County of San Francisco also recognizes the importance of sustaining and enhancing our city's neighborhood character. In determining whether a requested modification is reasonable, the City will consider, among other relevant factors, the extent to which the requested modification might fundamentally alter its existing zoning or regulations. The purpose of this Section 305.1 is to establish a process for making and acting upon requests for reasonable modifications to the regulations, policies, practices, and procedures of the Planning Department and Code.
(b) Application.
(1) Requests for reasonable modification can be made for residential uses in any zoning district in the City and County of San Francisco in accordance with the procedures outlined in this Section 305.1.
(2) An applicant may seek a modification through this Section 305.1 for an alteration that is available under other sections of this Code, in which case a modification under this Section shall be in lieu of any approval, permit or entitlement that would otherwise be required. An application under this Section may also seek a modification that is not available under any other sections of the Planning Code.
(c) Procedure.
(1) Request for a Modification. A person with a disability who requests a modification in the application of the Planning Code to ensure having equal access to housing must initiate the request by providing the required information to the Department. The Department shall maintain a form, known as the Reasonable Modification Form, which will detail the process for seeking a modification and identity the information that must be submitted to the Department in connection with the request for modification.
(2) Content of Application. The application shall be in accordance with the policies, rules and regulations of the Planning Department, Zoning Administrator, and Planning Commission. In addition to any other information that is required under this Section 305.1, the applicant shall complete the Reasonable Modification Form. The form shall at a minimum include the applicant's contact information and a description of the need for the requested modification including an identifiable relationship, or nexus, between the requested modification and the individual's disability. This information is required for the administrative reasonable modification process and the standard reasonable modification variance procedure.
(3) ADA Accommodation in Making Request. If an individual needs assistance in making the request for a reasonable modification, the individual should notify the Department, which will then endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or applicant's representative.
(d) Administrative Review. To expedite the processing and resolution of reasonable modification requests, any request under Section 305.1 may receive administrative review and approval and does not require public notice under Section 306 of this Code.
(e) Determination.
(1) Zoning Administrator Authority. The Zoning Administrator is authorized to consider and act on requests for reasonable modification. The Zoning Administrator may conditionally approve or deny a request. In considering requests for reasonable modification under this Section 305.1, the Zoning Administrator shall consider the factors in ubsection (e)(2).1
(2) Criteria for Modification. When reviewing a request for reasonable modification, the Zoning Administrator shall consider whether:
(A) the requested modification is requested by or on the behalf of one or more individuals with a disability protected under federal and state fair housing laws;
(B) the requested modification will directly enable the individual to access the individual's residence;
(C) the requested modification is necessary to provide the individual with a disability an equal opportunity to use and enjoy a dwelling;
(D) there are alternatives to the requested modification that would provide an equivalent level of benefit;
(E) the requested modification will not impose an undue financial or administrative burden on the City as "undue financial or administrative burden" is defined under federal and state fair housing laws.
(F) the requested modification will, under the specific facts of the case, result in a fundamental alteration in the nature of the Planning Code or General Plan, as "fundamental alteration" is defined under federal and state fair housing laws.
(G) the requested modification will, under the specific facts of the case, result in a direct threat to the health or safety of others or cause substantial physical damage to the property of others.
(3) Residential Design Guideline Review. If the proposed project is in a zoning district that requires residential design guideline review, the Department shall complete the design review and make appropriate recommendations, while also accommodating the reasonable modification. Approvals are subject to compliance with all other applicable zoning or building regulations.
(4) Historic Resource Review. If the proposed project would affect a building that is listed in or eligible for listing in a local, state, or federal historic resource register, then the modifications, either through the administrative reasonable modification process or the standard reasonable modification variance procedure, will be reviewed by the Planning Department's Historic Preservation Technical Specialists to ensure conformance with the Secretary of the Interior Standards for the Rehabilitation of Historic Properties.
(5) Written Decision. Upon issuing a written decision either granting or denying the requested modification in whole or in part, the Zoning Administrator shall forthwith transmit a copy thereof to the applicant. The action of the Zoning Administrator shall be final and shall become effective 10 days after the date of the written decision except upon the filing of a valid appeal to the Board of Appeals as provided in Section 308.2.
AMENDMENT HISTORY
CODIFICATION NOTE
1. So in Ord. 248-23.
(a) General. In case of an amendment to the Planning Code or General Plan, interim control, conditional use or variance action described in Sections 302 through 305, 306.7 and 340 of this Code, the procedures for applications and hearings shall be as described in Sections 306 through 306.7. In addition, the Zoning Administrator and the Planning Commission may from time to time establish policies, rules and regulations which further define these procedures.
(Amended by Ord. 210-84, App. 5/4/84; Ord. 321-96, App. 8/8/96; Ord. 186-02, File No. 021418, App. 9/6/2002; Ord. 218-02, File No. 021609, App. 11/1/2002; Ord. 168-07, File No. 061537, App. 7/20/2007)
(a) Who May Initiate. The persons and agencies that may file or otherwise initiate actions for amendments to the Planning Code, conditional uses and variances are indicated in Sections 302 through 305. The persons and agencies that may file or otherwise initiate actions for amendments to the General Plan are indicated in Section 340.
(b) Where To File. Applications shall be filed in the office of the Planning Department.
(c) Content of Applications. The content of applications shall be in accordance with the policies, rules and regulations of the Planning Department, Zoning Administrator and the Planning Commission. All applications shall be upon forms prescribed therefor, and shall contain or be accompanied by all information required to assure the presentation of pertinent facts for proper consideration of the case and for the permanent record. The applicant may be required to file with his application the information needed for the preparation and mailing of notices as specified in Section 306.3. In addition to any other information required by the Planning Department, the Zoning Administrator and the Planning Commission, an applicant for a conditional use permit or variance who proposes a commercial use for the subject property shall disclose the name under which business will be, or is expected to be, conducted at the subject property, if such name is known at the time of application. The term "known" shall mean actual, not imputed knowledge, and shall consist of direct evidence including but not limited to a contract of sale, lease, or rental, or letter of intent or agreement, between the applicant and a commercial entity. If the business name becomes known to the applicant during the conditional use permit or variance processing period, the applicant promptly shall amend the application to disclose such business name.
(d) Verification. Each application filed by or on behalf of one or more property owners shall be verified by at least one such owner or his authorized agent attesting to the truth and correctness of all facts, statements and information presented. All applications shall include the following statement: "The information contained in this application is true and complete to the best of my knowledge, based upon diligent inquiry. This application is signed under penalty of perjury. I understand that willful or material misstatement(s) or omissions in the application may result in the rejection of the application and a lapse of time before the application may be resubmitted." The Zoning Administrator may reject a conditional use or variance application as inaccurate and may require the applicant to re-file the application where the Zoning Administrator determines that the application includes material misstatements or omissions. Such rejection shall not be considered to be a denial of the application on its merits. Where the Zoning Administrator determines that such material misstatements or omissions were made willfully, the Zoning Administrator may require that the applicant wait up to 6 months before re-filing an application for substantially the same project. The Zoning Administrator's action in this regard may be appealed to the Board of Appeals pursuant to Section 308.2 of this Code.
(e) Fees. Before accepting any application for filing, the Planning Department shall charge and collect a fee as specified in Article 3.5 or Article 3.5A of this Code.
(Amended by Ord. 259-81, App. 5/15/81; Ord. 321-96, App. 8/8/96; Ord. 7-00, File No. 991428, App. 1/26/2000)
When an action for an amendment to the Planning Code, conditional use or variance has been initiated by application or otherwise, except as provided by Sections 316.2 through 316.5, the Zoning Administrator shall set a time and place for a hearing thereon within a reasonable period. In the case of an application for a variance, such period shall not exceed 30 days from the date upon which the application is accepted for filing. The procedures for scheduling of hearings and determinations on conditional use applications where such authorization is required in any South of Market District or Eastern Neighborhoods Mixed Use District, or pursuant to zoning categories .10, .11, .21, .24 through .27, .38 through .90, and .95 of Sections 710 through 729 for each Neighborhood Commercial District, are set forth in Sections 316.2 through 316.8 of this Code. When an action for an amendment to the General Plan has been initiated by the Planning Commission, the Planning Department shall set a time and place for a hearing thereon within a reasonable period.
(Added by Ord. 235-68, App. 8/7/68; amended by Ord. 69-87, App. 3/13/87; Ord. 115-90, App. 4/6/90; Ord. 321-96, App. 8/8/96; Ord. 298-08, File No. 081153, App. 12/19/2008)
(See Interpretations related to this Section.)
(a) Except as indicated in subsection (b) below, notice of the time, place and purpose of the hearing on action for an amendment to the Planning Code or General Plan, Conditional Use or a Variance shall be given by the Zoning Administrator pursuant to the requirements of Section 333 of this Code.
(b) In the following situations, notice of hearings shall be given as indicated.
(1) In the case of Variance applications involving a less than 10% deviation as described in Section 305(c), the Zoning Administrator need give only such notice as the Zoning Administrator deems appropriate in cases in which a hearing is actually held.
AMENDMENT HISTORY
(a) Reports and Recommendations. In all actions for amendments to the Planning Code or General Plan or conditional uses, the Zoning Administrator or the Planning Department shall make necessary investigations and studies and submit the findings to the Director of Planning prior to the hearing of the Planning Commission, or in actions on conditional use applications in NC Districts, prior to the consent calendar or public hearing of the Commission. The report and recommendation of the Director of Planning shall be submitted at least one week prior to the hearing.
(b) Record. A record shall be kept of the pertinent information presented at the hearing on any action for an amendment, conditional use or variance, and such record shall be maintained as a part of the permanent public records of the Planning Department. A verbatim record may be made if permitted or ordered by the Planning Commission in the case of actions for amendments or conditional uses, and by the Zoning Administrator in the case of variance actions.
(c) Continuations. The Planning Commission in the case of actions for amendments or conditional uses, and the Zoning Administrator in the case of variance actions, shall determine the instances in which cases scheduled for hearing may be continued or taken under advisement. In such cases, new notice need not be given of the further hearing date, provided such date is announced at the scheduled hearing.
(1) In the case of variances, the decision of the Zoning Administrator shall, unless deferred upon the request or consent of the applicant, be rendered within 60 days from the date of conclusion of the hearing or, where no hearing is involved, within 60 days from the date of filing; failure of the Zoning Administrator to act within the prescribed time shall entitle the applicant to cause the matter to be placed before the Planning Commission for decision at its next following regular meeting.
(2) In the case of actions for amendments to the Planning Code or conditional uses, the decision of the Planning Commission shall be rendered within 90 days from the date of conclusion of the hearing; failure of the Commission to act within the prescribed time shall be deemed to constitute disapproval.
(3) In the case of proposed amendments to the Planning Code initiated by the Board of Supervisors under Section 302(b), or modifications to proposed amendments made by the Board under Section 302(d) of this Code, the decision of the Planning Commission shall be rendered within 90 days from the date of referral of the proposed amendment or modification by the Board to the Commission. Failure of the Commission to act within the prescribed time shall be deemed to constitute disapproval, except that the Board may, by resolution, extend the prescribed time within which the Commission is to render its decision.
(Amended by Ord. 237-81, App. 5/8/81; Ord. 69-87, App. 3/13/87; Ord. 321-96, App. 8/8/96)
(a) Whenever any application for an amendment to the Planning Code or General Plan, conditional use or variance, or any part thereof, has been disapproved by the Planning Commission or Zoning Administrator, or by the Board of Supervisors or the Board of Appeals on appeal as described in Section 308, no application proposing an amendment, conditional use or variance, the same or substantially the same as that which was disapproved, shall be resubmitted to or reconsidered by the Planning Commission or Zoning Administrator within a period of one year from the effective date of final action upon the earlier application.
(Added by Ord. 235-68, App. 8/7/68; amended by Ord. 321-96, App. 8/8/96)
Amendments initiated by the City Planning Commission or the Board of Supervisors and proposed modifications to text amendments referred to the City Planning Commission pursuant to Section 302(d) are not subject to the requirements of Sections 306.1 and 306.5. The Board of Supervisors may designate a proponent for the amendment or modification from among its membership, in adopting its motion.
(Added by Ord. 236-81, App. 6/6/81)
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
(a) Hearings for Which Notice Required. In addition to the requirements for notice provided elsewhere in this Code, the requirements for notice set forth in this Section shall apply to hearings before the Planning Commission or the Zoning Administrator (1) on an application for a conditional use or variance, (2) for every amendment to reclassify property initiated by application as permitted in Section 302(b) where the area sought to be reclassified is ½ acre or less (exclusive of streets, alleys and other public property) and where the applicant owns all or a portion of the property to be reclassified or is a resident or commercial lessee thereof, (3) for any permit application or project authorization application reviewed pursuant to Sections 309 or 322, and (4) for any application for a building or site permit authorizing a new building the consideration or approval of which is scheduled before the Planning Commission. This Section shall not apply to variance applications involving a less than 10 percent deviation as described in Section 305(c) or to hearings or actions relating to environmental review.
(b) Signposting Requirements. Hearings that are required to be noticed pursuant to this section 306.8 shall provide notice pursuant to the requirements of Section 333 of this Code.
(c) Notice of Reclassification by Zoning Administrator. The Zoning Administrator shall post signs providing notice of proposed reclassifications that are subject to this section pursuant to the requirements of Section 333 of this Code.
(d) Declaration Required; Failure to Comply. The applicant, other than an applicant for a reclassification, shall submit at the time of the hearing a declaration signed under penalty of perjury stating that the applicant has complied with the provisions of this Section. If any person challenges the applicant's compliance with this Section, the Commission or, as to variance hearings the Zoning Administrator, shall determine whether the applicant has substantially complied and, if not, shall continue the hearing for that purpose. A challenge may be raised regarding compliance with the provisions of this Section by any person after the hearing by filing a written statement with the Zoning Administrator, or such challenge may be raised by the Zoning Administrator, but no challenge may be filed or raised later than 30 days following Commission action, or as to variance hearings 10 days following the decision. If no challenge is filed within the time required, it shall be deemed conclusive that the applicant complied with the provisions of this Section. If it is determined, after a hearing for which at least five days' notice has been given to the person filing the challenge and the applicant, that the applicant has not substantially complied with the provisions of this Section, the action of the Planning Commission or the Zoning Administrator shall be deemed invalid and the matter shall be rescheduled for hearing after the required notice has been given. Notwithstanding any other provision of this Section, an application may be denied if continuance or delay of action on the application would result in an application being deemed approved pursuant to Government Code Sections 65920 et seq.
(e) Permission to Enter Property. Every person who has possession of property which is the subject of an application subject to this Section shall permit entry at a reasonable time to an applicant who is seeking entry in order to allow the posting of the sign required herein and no such person shall remove or cause the removal of such sign during the period of time that posing is required herein and without reasonable cause to believe that such removal is necessary in order to protect persons or property from injury.
(f) Rights Affected. The requirements of this Section 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.
AMENDMENT HISTORY
(a) Applicability. This section shall apply to all applications for building permits for work to be performed on the site of Sutro Tower.
(b) Purpose. The purpose of this Section is to establish procedures for providing notice of applications for building permits for the Sutro Tower site to property owners neighboring the site and to interested neighborhood organizations so that concerns about the application may be identified and resolved during the review of the permit.
(c) Notification. Upon determination that an application is in compliance with the requirements of the Planning Code, the Planning Department shall provide public notification pursuant to the requirements of Section 333 of this Code, except that no posted notice shall be required, and that the mailed notice shall be mailed to all owners and, to the extent practicable, occupants of properties within a 1,000 foot radius of the property line of the Sutro Tower site. This notice shall be in addition to any notices required by the Building Code and in addition to other requirements for notice provided elsewhere in this Code.
AMENDMENT HISTORY
(See Interpretations related to this Section.)
(a) Rules, Regulations and Interpretations. The Zoning Administrator shall, consistent with the expressed standards, purposes and intent of this Code and pursuant to its objectives, issue and adopt such rules, regulations and interpretations as are in the Zoning Administrator's opinion necessary to administer and enforce the provisions of this Code. Such rules and regulations, and any such interpretations that will be of general application in future cases, shall be made a part of the permanent public records of the Planning Department. The Zoning Administrator shall respond to all written requests for determinations regarding the classification of uses and the interpretation and applicability of the provisions of this Code.
(b) Compliance with This Code. The Zoning Administrator shall have authority to take appropriate actions to secure compliance with this Code, through review of permit applications, surveys and record-keeping, enforcement against violations as described in Section 176, and other means.
(c) Inspection of Premises. In the performance of any prescribed duties, the Zoning Administrator and employees of the Planning Department authorized to represent the Zoning Administrator shall have the right to enter any building or premises for the purposes of investigation and inspection; provided, that such right of entry shall be exercised only at reasonable hours, and that in no case shall entry be made to any building in the absence of the owner or tenant thereof without the written order of a court of competent jurisdiction.
(d) Code Maintenance. The Zoning Administrator shall periodically review and study the effectiveness and appropriateness of the provisions of this Code, for the purpose of recommending necessary changes to the Director of Planning and the Planning Commission.
(e) Exercise of Powers and Duties by Others. In cases where absence, incapacity, vacancy of the office, conflict of interest or other sufficient reasons prevent action by the Zoning Administrator, the Director of Planning may designate any officer or employee of the Department to carry out any function of the Zoning Administrator so affected.
(f) Cooperation With Other Departments. The Zoning Administrator shall furnish to the various departments, officers and employees of the City vested with the duty or authority to issue permits or licenses (including but not limited to the Department of Public Works, Department of Public Health, Police Department and Fire Department) such information as will insure the proper administration of this Code and of all the rules, regulations, interpretations and other determinations of the Planning Department relative thereto. It shall be the duty of said departments, officers and employees to cooperate with the Zoning Administrator in the performance of the Zoning Administrator's duties, and to assist in the enforcement of the provisions of this Code.
(g) Exceptions from Certain Specific Code Standards through Administrative Review in the Chinatown Mixed Use Districts. The Zoning Administrator may allow complete or partial relief from rear yard, open space and wind and shadow standards as authorized in the applicable sections of this Code, when modification of the standard would result in a project better fulfilling the criteria set forth in the applicable section. The procedures and fee for such review shall be the same as those which are applicable to Variances, as set forth in Sections 306.1 through 306.5 and 308.2.
(h) Exceptions from Certain Specific Code Standards through Administrative Review. The Zoning Administrator may allow complete or partial relief from certain standards specifically identified below, in Section 161, or elsewhere in this Code when modification of the standard would result in a project fulfilling the criteria set forth below and in the applicable section.
(1) Applicability.
(A) Eastern Neighborhood Mixed Use Districts. For projects not subject to Section 329, relief may be provided for the following requirements: rear yard; non-residential open space; off-street loading requirements; and off-street parking limits up to the maximum quantities described in Section 151.1.
(B) Dwelling Unit Exposure for Historic Buildings. Relief may also be provided for dwelling unit exposure requirements for buildings which are designated landmark buildings or contributory buildings within designated historic districts per Article 10 of this Code, any building designated Category I-IV per Article 11 of this Code, and/or buildings recorded with the State Historic Preservation Office as eligible for the California Register, when the following criteria are met: (i) literal enforcement of Section 140 would result in the material impairment of the historic resource; and (ii) the project complies with the Secretary of the Interior's Standards, (36 C.F.R. § 67.7 (2001)) and/or Section 1006 and any related Article 10 appendices of this Code. This administrative exception does not apply to new additions to historic buildings.
(C) Residential Open Space for Historic Buildings. For a landmark building designated per Article 10 of this Code, a contributing building located within a designated historic district per Article 10, or any building designated Category I-IV per Article 11 of this Code, the provision of off-site publicly accessible open space, meeting the requirements of Section 135(h), may be credited toward the residential usable open space requirement.
(D) Conversion of Non-conforming Uses to Residential Uses. The Zoning Administrator may modify or waive dwelling unit exposure requirements, rear yard requirements, open space requirements for inner courts, and the substitution of off-site publicly accessible open space for required residential open space, provided that:
(i) the Residential Use, whether Dwelling Units roup1
Housing, or SRO units, are Principally Permitted in the district or districts in which the project is located;
(ii) the nonconforming use is eliminated by such conversion, provided further that the structure is not enlarged, extended or moved to another location; and
(iii) the requirements of the Building Code, the Housing Code and other applicable portions of the Municipal Code are met.
(F)2
Bay Windows. Bay windows that maintain the same massing as those allowed as a permitted obstruction in Planning Code Section 136, but do not otherwise meet the requirements of Section 136, may be provided complete or partial relief with the advice of the Planning Director that said windows otherwise meet all applicable design guidelines.
(2) Procedures. The review of a modification requested under this Section shall be conducted as part of, and incorporated into, a related building permit application or other required project authorizations; no additional fee shall be required. Under no circumstances shall such modification provide relief from any fee, including those related to usable open space pursuant to Sections 135(j) and 135.3(d). The provisions of this Subsection (h) shall not preclude such additional conditions as may be deemed necessary by the Zoning Administrator to further the purposes of this Section or other Sections of this Code.
(i) Criteria for the Reduction or Modification of Off-Street Parking Requirements. In approving a reduction or modification of off-street requirements authorized by this Code, the Zoning Administrator or the Planning Commission shall consider and apply the following criteria:
(1) the reduction in the parking requirement is justified by the reasonably anticipated automobile usage by residents of and visitors to the project; and
(2) the reduction in the parking requirement will not be detrimental to the health, safety, convenience, or general welfare of persons residing in or working in the vicinity; and
(3) the minimization of conflict of vehicular and pedestrian movements; and
(4) the availability of transportation modes other than the automobile; and
(5) the pattern of land use and character of development in the vicinity; and
(6) such other criteria as the Zoning Administrator deems appropriate in the circumstances of the particular case.
(j) Conversion from Student Housing to Non-Student Residential Use. If a residential project no longer qualifies as Student Housing as defined in Planning Code Section 102, the Zoning Administrator may allow the conversion of the Student Housing to any permitted residential use in the zoning district in which the Student Housing is located upon determination that the converted Student Housing has complied with any applicable Inclusionary Affordable Housing Requirements as outlined in Planning Code Section 415.3(c)(5)(C)(iii), and that all other Planning Code requirements applicable to that residential use have been met or modified through appropriate procedures.
(k) Waiver or Modification of Required Bicycle Parking. The Zoning Administrator shall conduct the review of any administrative waiver under Section 307(k) as part of, and incorporate into, a related building permit application or other required project authorization and shall not require an additional fee or application.
(1) Waiver or Modification of Class 1 Bicycle Parking Requirements.
(A) Alternative Locations. The Zoning Administrator may grant approval that Class 1 bicycle parking be located on an offsite lot, under certain circumstances. Uses subject to Section 155.2 may apply for alternative locations approval only when off-street automobile parking does not exist on the subject lot. Existing City-owned buildings subject to 155.3 may apply for alternative locations approval when compliance with subsection 155.3(b) may not be feasible because of demonstrable hardship including when off-street automobile parking does not exist on the subject lot. In acting upon all these cases, the Zoning Administrator shall be guided by the following criteria:
(i) Such alternative facilities shall be well lit and secure.
(ii) The alternative facility bicycle entrance shall be no more than 500 feet from the entrance of the primary building, unless there are no feasible locations within a 500 foot radius that can be provided. However, in no event shall an alternative location be approved that is farther from the entrance of the building than the closest automobile parking garage.
(B) Temporary Exemptions. The Zoning Administrator may issue a temporary exemption for bicycle parking subject to Section 155.3 of this Code for one year, under the following circumstances:
(i) For required Class 1 bicycle parking requirements in City-owned and leased buildings, if no feasible alternative parking facility exists nearby that can be approved pursuant to Subsection (k)(1)(A) above, or securing an alternative location would be unduly costly and pose a demonstrable hardship on the Landlord or on the City where the City owns the building. In order to obtain this exemption, the Responsible City Official shall certify to the Zoning Administrator in writing that the Landlord or the City where the City owns the building, will not prohibit Employees from storing a bicycle in a Workspace provided that such bicycles are stored in a way that the Fire Code is not violated and that the normal business of the building is not disrupted. The Responsible City Official shall provide the required bicycle parking within one year of the issuance of such exemption, or shall obtain a new exemption for each year until such bicycle parking is provided.
(ii) For required bicycle parking in non-accessory automobile garages or lots with 500 or more spaces. In order to obtain this exemption, the Responsible City Official shall provide to the Zoning Administrator in writing an analysis demonstrating that the demand for bicycle parking in that location is less than the amount required by Section 155.3 of this Code. This exemption may only be provided for any required bicycle parking above fifty Class 2 spaces. The exemptions for these garages may be issued for up to one year. The Responsible City Official shall provide the required bicycle parking within one year of the issuance of such exemption, or shall obtain a new exemption for each year until such bicycle parking is provided.
(2) Temporary Exemptions, Waiver or Modification of Required Class 2 Bicycle Parking. Temporary exemptions for Class 2 bicycle parking shall be granted as allowed in subsection 1(B) above. The Zoning Administrator may administratively waive some or all of the Class 2 bicycle parking requirement in any case when all of findings (A)-(D) are affirmatively met for some or all of the Class 2 requirements:
(A) No off-street auto parking is provided on-site in a garage or lot;
(B) No on-site publicly-accessible open space is provided where it would be appropriate to locate some or all of the required Class 2 bicycle parking as allowed per Section 155.1(b)(2) of this Code;
(C) The provision of on-site Class 2 bicycle parking is not desirable or feasible based on the physical character, pedestrian circulation, historic character or urban design of the building and block;
(D) The San Francisco Municipal Transportation Agency, Department of Public Works, or other relevant agency will not grant approval to install Class 2 bicycle racks in the public right-of-way adjacent to the subject lot sufficient to meet the requirements because the bicycle rack would: (i) interfere with utilities or the general public welfare or (ii) adversely affect the design and configuration of existing or planned streetscape improvements.
(E) In Lieu Fee in Case of Waiver or Variance for Class 2 Parking. For each required Class 2 bicycle parking space that the Zoning Administrator waives as a result of a variance per Section 305 or waives in accordance with subsection (D)(ii) above, the project sponsor shall pay an in lieu bicycle parking fee as provided by Section 430 et seq. of this Code.
(l) Exceptions from Certain Specific Code Standards Through Administrative Review for Accessory Dwelling Units Constructed Pursuant to Section 207.1 of this Code. The Zoning Administrator may allow complete or partial relief from the density limits and from the bicycle parking, rear yard, exposure, and/or open space requirements of this Code when modification of the requirement would facilitate the construction of an Accessory Dwelling Unit, as defined in Section 102 and meeting the requirements of Section 207.1 of this Code.
(1) Exposure. The exposure requirements of Section 140 apply, except that subsection (a)(2) may be satisfied through windows facing an open area that is at least 225 square feet, with no horizontal direction being less than nine feet, and that is not required to expand on subsequent floors. Permitted obstructions that are outlined in Section 140 and fire escapes, not projecting more than 4 feet 6 inches, would be allowed in such open area. In considering any request for complete or partial relief from these Code requirements, the Zoning Administrator shall facilitate the construction of such Accessory Dwelling Units to the extent feasible and shall consider any criteria elsewhere in this Section 307 that he or she determines to be applicable. Nothing in this Section shall be interpreted as allowing for an existing nonconforming use to be deemed conforming.
(2) Bicycle Parking. The requirements of Sections 155.1 and 155.2 shall apply, except that (A) in a building with no new corridors, an existing three-foot corridor may satisfy the requirement of a legal nonconforming access corridor for purposes of bicycle parking access in existing buildings and (B) vertical bicycle parking may satisfy up to 100% of required bicycle parking.
(m) The Zoning Administrator may partially wave the exposure requirements of Section 140(b) for group housing so that when a qualifying window faces an open area per subsection 140(a)(2), such open area may be no less than 15 feet in every horizontal direction and may not be required to expand on subsequent floors.
(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 131-87, App. 4/24/87; Ord. 115-90, App. 4/6/90; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011; Ord. 188-12
, File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 56-13
, File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 183-13
, File No. 130528, App. 8/7/2013, Eff. 9/6/2013; Ord. 49-14, File No. 131063, App. 4/17/2014, Eff. 5/17/2014; Ord. 232-14
, File No. 120881, App. 11/26/2014, Eff. 12/26/2014; 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. 162-16
, File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 221-16, File No. 160965, App. 11/10/2016, Eff. 12/10/2016, Oper. 1/1/2017; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 195-18, File No. 180268, App. 8/10/2018, Eff. 9/10/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 43-20, File No. 190454, App. 3/20/2020, Eff. 4/20/2020; Ord. 71-20, File No. 191285, App. 5/1/2020, Eff. 6/1/2020; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024)
AMENDMENT HISTORY
Divisions (a), (c), (d), (f), and (h)(1) amended; division (i) added; Ord. 63-11, Eff. 5/7/2011. Division (j) added; Ord. 188-12
, Eff. 10/11/2012. Undesignated introductory paragraph amended; Ord. 56-13
, Eff. 4/27/2013. Division (k) added; Ord. 183-13
, Eff. 9/6/2013. Division (l) added; Ord. 49-14, Eff. 5/17/2014. Division (h) amended; former division (h)(1) amended and redesignated as new divisions (h)(1)(A) and (B); new divisions (h)(1)(C) and (D) added; Ord. 232-14
, Eff. 12/26/2014. Division (j) amended; Ord. 22-15, Eff. 3/22/2015. Division (l) amended; Ord. 30-15
, Eff. 4/25/2015. Division (l) amended; Ords. 161-15 and 162-15
, Eff. 10/18/2015. Division (m) added; Ord. 164-15
, Eff. 10/23/2015. Undesignated introductory paragraph and division (l) amended; Ord. 162-16
, Eff. 9/3/2016. Division (h)(1)(E) added; Ord. 221-16, Oper. 1/1/2017. Undesignated introductory paragraph and division (g) amended; Ord. 129-17, Eff. 7/30/2017. Division (l) amended and redesignated as divisions (l) and (l)(1); division (l)(2) added; Ord. 195-18, Eff. 9/10/2018. Divisions (g) and (h)(1)(E) amended; Ord. 296-18, Eff. 1/12/2019. Division (l) amended; Ord. 116-19, Eff. 7/29/2019. Divisions (h)(1)(D)-(h)(1)(D)(iii) amended; division (h)(1)(F) added; Ord. 43-20, Eff. 4/20/2020. Second division (h)(1)(F)2 added; Ord. 71-20
, Eff. 6/1/2020. Division (l) amended; Ord. 62-24
, Eff. 4/28/2024.
Editor's Note:
Ordinance 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).
Ordinance 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).
CODIFICATION NOTES
2. Ord. 43-20 and Ord. 71-20 each added a new division designated as (h)(1)(F).
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