(See Interpretations related to this Section.)
(a) Purpose. The purpose of this Section 311 is to establish procedures for reviewing planning entitlement applications to determine compatibility of the proposal with the neighborhood and for providing notice to property owners and residents on the site and neighboring the site of the proposed project and to interested neighborhood organizations, so that concerns about a project may be identified and resolved during the review of the permit. For purposes of this Section 311, a planning entitlement application means the application submitted by a project sponsor to the Planning Department, provided said application has been deemed complete by the Planning Department, that includes the information necessary to conduct environmental review, determine Planning Code compliance, and conformity with the General Plan.
(b) Applicability.
(1) Within the Priority Equity Geographies SUD, all planning entitlement applications in Residential, NC, NCT, Chinatown Mixed Use Districts, and Eastern Neighborhoods Mixed Use Districts for demolition, new construction, or alteration of buildings shall be subject to the notification and review procedures required by this Section 311. Notwithstanding the foregoing or any other requirement of this Section 311, planning entitlement applications to construct an Accessory Dwelling Unit pursuant to Section 207.2 shall not be subject to the notification or review requirements of this Section 311.
(B)1
A change of use to a principally permitted use in the Western SoMa Plan Area, Central SoMa Plan Area, or East SoMa Plan Area shall not be subject to the provisions of this Section 311.
(2) Within the Family Housing Opportunity Special Use District. In RH zoning districts within the Family Housing Opportunity SUD, projects that do not meet the eligibility criteria in subsection (c) of Section 249.94 are subject to the controls in subsection (b)(3).
(3) In all Other Projects in Residential, NC, NCT, and Eastern Neighborhoods Mixed Use Districts. All planning entitlement applications in Residential, NC, NCT, and Eastern Neighborhoods Mixed Use Districts that propose any of the following shall be subject to the notification and review procedures required by this Section 311.
(A) Any vertical alteration, unless at least one new unit is being added.
(B) Any alteration to a building containing only one Dwelling Unit that both increases the GFA of the existing building by at least 25%, and results in the building having GFA greater than 3,000 square feet.
(C) Any demolition or new construction that does not result in the addition of at least one new unit.
(c) Planning Entitlement Application Review for Compliance. Upon acceptance of any application subject to this Section, the Planning Department shall review the proposed project for compliance with the Planning Code and any applicable design guidelines approved by the Planning Commission. Applications determined not to be in compliance with the standards of Articles 1.2, 1.5, 2 and 2.5 of the Planning Code, Residential Design Guidelines, including design guidelines for specific areas adopted by the Planning Commission, or with any applicable conditions of previous approvals regarding the project, shall be held until either the application is determined to be in compliance, is disapproved or a recommendation for cancellation is sent to the Department of Building Inspection.
(1) Design Guidelines. The construction of new buildings and alteration of existing buildings shall be consistent with the design policies and guidelines of the General Plan and with the “Residential Design Guidelines” and all other applicable design guidelines as adopted and periodically amended for specific areas or conditions by the Planning Commission. The design for new buildings with residential uses in RTO Districts shall also be consistent with the design standards and guidelines of the “Ground Floor Residential Units Design Guidelines” as adopted and periodically amended by the Planning Commission. The Planning Director may require modifications to the exterior of a proposed new building or proposed alteration of an existing building in order to bring it into conformity with the applicable design guidelines. These modifications may include, but are not limited to, changes in siting, building envelope, scale texture and detailing, openings, and landscaping.
(2) Removal of Residential Units. When removal or elimination of an authorized or unauthorized residential unit is proposed, the Applicant shall provide notice as required in this Section 311, and shall include contact information for the appropriate City agency or resource for assistance in securing tenant counseling or legal services, as applicable. The Applicant shall post a notice of the application at least 30 inches by 30 inches in a conspicuous common area of the subject property, and such sign shall be posted no later than the start date of the notification period required by this Section 311 and shall remain posted until the conclusion of any hearings on the permit before the Planning Commission, the Zon- ing Administrator, the Board of Supervisors or the Board of Appeals. The Zoning Administrator shall determine any additional notification procedures to be applied in such a case.
(3) Replacement Structure Required. Unless the building is determined to pose a serious and imminent hazard as defined in the Building Code, an application authorizing demolition of an historic or architecturally important building or of a dwelling shall be conditioned upon the City granting final approval of a building permit for construction of the replacement building. A building permit is finally approved if the Board of Appeals has taken final action for approval on an appeal of the issuance or denial of the permit or if the permit has been issued and the time for filing an appeal with the Board has lapsed with no appeal filed.
(A) The demolition of any building, including but not limited to historically and archi- tecturally important buildings, may be approved administratively when the Director of the Department of Building Inspection, the Chief of the Bureau of Fire Prevention and Investigation, or the Director of Public Works determines, after consultation with the Zoning Administrator, that an imminent safety hazard exists, and the Director of the Department of Building Inspection determines that demolition or extensive alteration of the structure is the only feasible means to secure the public safety.
(d) Notification. Upon determination that an application is in compliance with the development standards of the Planning Code, the Planning Department shall cause a notice to be posted on the site pursuant to rules established by the Zoning Administrator and shall cause a written notice describing the proposed project to be sent in the manner described below. This notice shall be in addition to any notices required by the Building Code and shall have a format and content determined by the Zoning Administrator. It shall include a description of the proposal compared to any existing improvements on the site with dimensions of the basic features, elevations and site plan of the proposed project including the position of any adjacent buildings, exterior dimensions and finishes, and a graphic reference scale, existing and proposed uses or commercial or institutional business name, if known. The notice shall describe the project review process and shall set forth the mailing date of the notice and the expiration date of the notification period.
(1) Written notice shall be mailed to the notification group which shall include the project sponsor, tenants of the subject property, relevant neighborhood organizations as described in subsection 311(d)(4), all individuals having made a written request for notification for a specific parcel or parcels and all owners and, to the extent practical, occupants, of properties in the notifica- tion area. For the purposes of Section 311(c)(2), written notice shall also be mailed to tenants of the subject property in unauthorized residential units.
(2) The notification area shall be all properties within 150 feet of the subject lot in the same Assessor’s Block and on the block face across from the subject lot. When the subject lot is a corner lot, the notification area shall further include all property on both block faces across from the subject lot, and the corner property diagonally across the street.
(3) The latest City-wide Assessor’s roll for names and addresses of owners shall be used for said notice.
(4) The Planning Department shall maintain a list, available for public review, of neighborhood organizations that have indicated in writing an interest in specific properties or areas. Such organizations shall be included in the notification group for the proposed project. Notice to these groups shall be verified by a declaration of mailing signed under penalty of perjury. In the event that such an organization is not included in the notification group for a proposed project as required under this subsection, the proposed project must be re-noticed.
(5) Notification Period. All planning entitlement applications shall be held for a period of 30 calendar days from the date of the mailed notice to allow review by residents and owners of neighboring properties and by neighborhood groups.
(6) Elimination of Duplicate Notice. The notice provisions of this Section may be waived by the Zoning Administrator for planning entitlement applications for projects that have been, or before approval will be, the subject of a duly noticed public hearing before the Planning Commission or Zoning Administrator, provided that the nature of work for which the planning entitlement application is required is both substantially included in the hearing notice and is the subject of the hearing.
(7) Notification Package. The notification package for a project subject to notice under this Section 311 shall include a written notice and reduced-size drawings of the project.
(A) The written notice shall compare the proposed project to the existing conditions at the development lot. Change to basic features of the project that are quantifiable shall be disclosed on the written notice. The basic features of existing and proposed conditions shall include, where applicable, front setback, building depth, rear yard depth, side setbacks, building height, num- ber of stories, dwelling unit count and use of the building.
(B) The written notice shall describe whether the project is a demolition, new construction or alteration project. If the project is an alteration, the type of alteration shall be described: horizontal, vertical or both horizontal and vertical additions and where the alteration is located.
(C) Written project description shall be part of the notice. In addition, the notice shall describe the project review process, information on how to obtain additional information and the contact information of the Planning Department.
(D) The planning entitlement application number(s) shall be disclosed in the written notice. The start and expiration dates of the notice shall be stated. A description about the recipient’s rights to request additional information, to request Discretionary Review by the Planning Commission and to appeal to other boards or commissions shall be provided.
(E) 11x17 sized or equivalent draw- ings to scale shall be included with the Section 311 written notice. The drawings shall illustrate the existing and proposed conditions in relationship to the adjacent properties. All dimensions and text throughout the drawings shall be legible. The drawings shall include a site plan, floor plans and elevations documenting dimensional changes that correspond to the basic features included in the written notice.
(F) The existing and proposed site plan shall illustrate the project including the full lots and structures of the directly adjacent properties.
(G) The existing and proposed floor plans shall illustrate the location and removal of interior and exterior walls. The use of each room shall be labeled. Significant dimensions shall be provided to document the change proposed by the project.
(H) The existing and proposed elevations shall document the change in building volume: height and depth. Dimensional changes shall be documented, including overall building height and also parapets, penthouses and other proposed vertical and horizontal building extensions. The front and rear elevations shall include the full profiles of the adjacent structures including the adjacent structures’ doors, windows and general massing. Each side elevation shall include the full profile of the adjacent building in the foreground of the project, and the adjacent windows, lightwells and general massing shall be illustrated.
(8) Language Access.
(A) All forms of public notice provided pursuant to this Section 311 shall comply with the requirements of the Language Access Ordinance, Chapter 91 of the Administrative Code, to provide vital information about the Department’s services or programs in the languages spoken by a Substantial Number of Limited English Speaking Persons, as defined in Chapter 91.
(B) The notices required by this Section 311 shall contain the information set forth in Section 311(d)(7)(A)-(D) in the languages spoken by a Substantial Number of Limited English Speaking Persons, as defined in Administrative Code Chapter 91.
(9) Online Notice. For the entire duration of the Notification Period established herein, the following notification materials shall be provided on a publicly accessible website that is maintained by the Planning Department:
(A) A digital copy formatted to print on 11 x 17 inch paper of the posted notice including the contents set forth in subsection 311(d)(7) for the hearing or application; and
(B) Digital copies of any architectural and/or site plans that are scaled and formatted to print on 11 x 17 inch paper, are consistent with Plan Submittal Guidelines maintained and published by the Planning Department, and that describe and compare, at a minimum, the existing and proposed conditions at the subject property, the existing and proposed conditions in relationship to adjacent properties, and that may include a site plan, floor plans, and elevations documenting dimensional changes required to describe the proposal.
(e) Requests for Planning Commission Review. A request for the Planning Commission to exercise its discretionary review powers over a specific planning entitlement application shall be considered by the Planning Commission if received by the Planning Department no later than 5:00 p.m. of the last day of the notification period as described in this Section 311, subject to guidelines adopted by the Planning Commission. The project sponsor of a planning entitlement application may request discretionary review by the Planning Commission to resolve conflicts between the Director of Planning and the project sponsor concerning requested modifications to comply with the Residential Design Guidelines, or other applicable design guidelines.
(1) Scheduling of Hearing. The Zoning Administrator shall set a time for hearing re- quests for discretionary review by the Planning Commission within a reasonable period.
(2) Notice. Mailed notice of the discretionary review hearing by the Planning Commis- sion shall be given pursuant to the requirements of Section 333 of this Code.
(Added by Ord. 46-96, App. 2/2/96; amended by Ord. 279-00, File No. 001423, App. 12/15/2000; Ord. 234-05, File No. 050456, App. 9/30/2005; Ord. 215-07, File No. 070213, App. 9/21/2007; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 43-14
, File No. 131148, App. 4/17/2014, Eff. 5/17/2014; Ord. 208-15
, File No. 150587, App. 12/9/2015, Eff. 1/8/2016; Ord. 166-16
, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019; Ord. 199-18, File No. 180482, App. 8/10/2018, Eff. 9/10/2018, Oper. 1/1/2019; Ord. 312-18, File No. 181031, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 206-19, File No. 190048, App. 9/13/2019, Eff. 10/14/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 71-20, File No. 191285, App. 5/1/2020, Eff. 6/1/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 234-21, File No. 210452, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 53-24, File No. 231258, App. 3/22/2024, Eff. 4/22/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024)
AMENDMENT HISTORY
Divisions (c)(1), (c)(2), and (c)(5) amended; Ord. 140-11, Eff. 8/4/2011. Divisions (b)(1) and (b)(2) amended; Ord. 43-14
, Eff. 5/17/2014. Divisions (a), (b), and (c)(2) amended; division (g) added; Ord. 208-15
, Eff. 1/8/2016. Division (f) amended; Ord. 166-16
, Eff. 9/10/2016. Divisions (b)(1) and (b)(2) amended; Ord. 189-17, Eff. 10/15/2017. Divisions (a), (b), (c), and (c)(1) amended; divisions (b)(1)-(b)(1)(B), (b)(3), (c)(2)- (c)(3)(A), and (d)(8)-(d)(9)(B) added; divisions (b)(1), (c)(2)-(c)(5)(H), and (d)-(d)(2) redesignated as (b)(2), (d)-(d)(7)(H), and (e)-(e)(2), respectively; former divisions (b)(2) and (e)-(g)(4) deleted; Ord. 179-18, Oper. 1/1/2019. Divisions (b)(1)(A)(i)-(ii) added; Ord. 199-18, Oper. 1/1/2019. Divisions (b)(1)(A)-(b)(1)(A)(ii) amended; Ord. 312-18, Eff. 1/21/2019. Divisions (a) and (b) amended; Ord. 116-19, Eff. 7/29/2019. Division (b) amended; Ord. 206-19, Eff. 10/14/2019. Divisions (b), (b)(1)(B), and (d)(7)(A) amended; Ord. 63-20, Eff. 5/25/2020. Divisions (b) and (b)(1) amended; division (b)(1)(A)(iii) added; Ord. 71-20, Eff. 6/1/2020. Divisions (b) and (b)(1)(A) amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Division (b)(1)(A)(ii) amended; Ord. 136-21, Eff. 9/4/2021. Divisions (b)(1) and (b)(1)(A) amended; Ord. 233-21, Eff. 1/22/2022. Divisions (b) and (b)(1) amended; Ord. 234-21, Eff. 1/22/2022. Divisions (b)(1) and (b)(1)(A) amended; Ord. 37-22, Eff. 4/14/2022. Division (b) amended; Ord. 190-22, Eff. 10/17/2022. Division (b)(1)(C) added; Ord. 70-23, Eff. 6/3/2023. Divisions (b)(1)-(b)(1)(B) and (b)(3) deleted; former divisions (b) and (b)(2) redesignated and amended as (b)-(b)(1) and (b)(4); new divisions (b)(2)-(b)(3)(C) added; Ord. 248-23, Eff. 1/14/2024. Division (b)(1)(C) redesignated as (b)(1)(B); Ord. 249-23, Eff. 1/14/2024. Divisions (a), (b)(1), (b)(3), (b)(3)(B), (c), (c)(3), (d)(5)-(6), (d)(7)(D), and (e) amended; Ord. 53-24, Eff. 4/22/2024. Division (b)(1) amended; Ord. 62-24, Eff. 4/28/2024.
CODIFICATION NOTE
Editor’s Note: