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(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
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