o0179-18

FILE NO. 180423 AMENDED IN BOARD 7/10/2018 ORDINANCE NO. 179-18 [Planning Code - Review for Downtown and Affordable Housing Projects; Notification Requirements; Review of Alterations to Historical Landmarks and in Conservation Districts] Ordinance amending the Planning Code to streamline affordable housing project review by eliminating a Planning Commission Discretionary Review hearing for 100% affordable housing projects upon delegation by the Planning Commission; to provide for Planning Department review of large projects located in C-3 Districts and for certain minor alterations to Historical Landmarks and in Conservation Districts; to consolidate, standardize and streamline notification requirements and procedures, including required newspaper notice, in Residential, Commercial, and Mixed-Use Districts; and affirming the Planning Department's determination under the California Environmental Quality Act, making findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1, and adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough italics Times l1k1>11 Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough Arial font. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables. Be it ordained by the People of the City and County of San Francisco: Section 1. General Findings. (a) The Planning Department has determined that the actions contemplated in this ordinance comply with the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of Mayor Breed BOARD OF SUPERVISORS Page 1 Supervisors in File No. 180423 and is incorporated herein by reference. The Board affirms this determination. (b) On June 7, 2018, the Planning Commission, in Resolution No. 20198, adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the City's General Plan and eight priority policies of Planning Code Section 101.1. The Board adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 180423, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, this Board finds that this Planning Code Amendment will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 20198 and the Board incorporates such reasons herein by reference. A copy of said Resolution is on file with the Board of Supervisors in File No. 180423. Section 2. Findings about City Approval and Notification Processes. (a) The housing crisis in San Francisco is acute with more than 140,000 jobs added since the Great Recession and approximately 27,000 housing units approved. The median single-family home price in San Francisco has reached an all-time high of $1.6 million in the first quarter of 2018, affordable to only 12 percent of San Francisco households. The average rent for a one bedroom apartment in San Francisco in the same quarter is $3,281 , affordable to less than one-third of San Francisco households. (b) Mayor Edwin M. Lee's Executive Directive 17-02 -- "Keeping up the Pace of Housing Production" -- called on City departments to reduce project approval timelines by half and come up with process improvement plans and measures to allocate staff and resources to meet these goals. Mayor Breed BOARD OF SUPERVISORS Page 2 (c) The Planning Department Process Improvements Plan on December 1. 2017 recommended a number of internal procedure changes and Planning Code amendments to achieve the goals of Executive Directive 17-02. (d) Ordinance No. 7-16, "Affordable Housing Review Process," established Section 315, Affordable Housing Project Authorization, which stipulated that an Affordable Housing Project would be a principally permitted use and would not require conditional use authorization or a Planning Commission hearing. (e) Ordinance No. 46-96 enacted Section 311 of the Planning Code to establish procedures for reviewing building permit applications for lots in "R" districts in order to determine compatibility of the proposal with the neighborhood and for providing notice to property owners and residents neighboring the site of the proposed project. (f) Ordinance No. 46-96 and 279-00 established the importance of notifying property owners as well as tenants of proposed projects within a 150-foot radius of their home or property. (g) Ordinance No. 27-15 established Language Access Requirements for Departments to serve the more than 10,000 Limited English Persons residing in San Francisco encouraging multilingual translation services for public notifications to be as widely available as possible. (h) Newspaper circulation is down and digital media consumption is up. Even among paying subscribers of newspapers, minority populations are more likely to utilize digital media over print media. The official newspaper of the City and County of San Francisco has print delivery of 561,004 on Sundays and 841,924 unique page views of their website. (i) The Planning Department was responsible for reviewing over 11,000 building permit applications and development applications in 2017. Mayor Breed BOARD OF SUPERVISORS Page 3 U) Current notification procedures required the production and mailing of over 600,000 pieces of paper, or 3 tons, in 2017 alone, at a cost of over $250,000 with an additional $70,000 spent annually on newspaper advertisements. (k) The Planning Code currently sets forth more than 30 unique combinations of notification requirements. These varied notification requirements and redundant procedures are confusing, and amount to an inefficient use of staff time and public resources that would be better spent on reviewing permits and projects to add housing stock to San Francisco's housing supply and provide more meaningful public notification. Section 3. The Planning Code is hereby amended by revising Sections 206.4, 309, and 315; adding new Section 315.1; and deleting Section 328, to read as follows: SEC. 206.4. THE 100 PERCENT AFFORDABLE HOUSING BONUS PROGRAM. * * * * (c) Development Bonuses. A 100 Percent Affordable Housing Bonus Project shall, at the project sponsor's request, receive any or all of the following: (1) Priority Processing. 100 Percent Affordable Housing Bonus Projects shall receive Priority Processing. (2) Form Based Density. Notwithstanding any zoning designation to the contrary, density of the 100 Percent Affordable Housing Bonus Project shall not be limited by lot area but rather by the applicable requirements and limitations set forth elsewhere in this Code. Such requirements and limitations include, but are not limited to, height, including any additional height allowed by subsection (c) herein, Bulk, Setbacks, Open Space, Exposure and unit mix as well as applicable design guidelines, elements and area plans of the General Plan and design review, including consistency with the Affordable Housing Bonus Program Mayor Breed BOARD OF SUPERVISORS Page 4 Design Guidelines, referenced in Section JJ8 315.1, as determined by the Planning Department. (3) Height. 100 Percent Affordable Housing Bonus Projects shall be allowed up to 30 additional feet, not including allowed exceptions per Section 260(b), above the property's height district limit in order to provide three additional stories of residential use. This additional height may only be used to provide up to three additional 10-foot stories to the project, or one additional story of not more than 10 feet in height. (4) Ground Floor Ceiling Height. In addition to the permitted height allowed under subsection (c)(3), 100 Percent Affordable Housing Bonus Projects with active ground floors as defined in Section 145.1 (b)(2) shall receive one additional foot of height, up to a maximum of an additional five feet at the ground floor, exclusively to provide a minimum 14- foot (floor to ceiling) ground floor ceiling height. (5) Zoning Modifications. 100 Percent Affordable Housing Bonus Projects may select any or all of the following zoning modifications: (A) Rear Yard: The required rear yard per Section 134 or any applicable special use district may be reduced to no less than 20% of the lot depth or 15 feet, whichever is greater. Corner properties may provide 20% of the lot area at the interior corner of the property to meet the minimum rear yard requirement, provided that each horizontal dimension of the open area is a minimum of 15 feet; and that the open area is wholly or partially contiguous to the existing midblock open space, if any, formed by the rear yards of adjacent properties. (B) Dwelling Unit Exposure: The dwelling unit exposure requirements of Section 140(a)(2) may be satisfied through qualifying windows facing an unobstructed open area that is no less than 15 feet in every horizontal dimension, and such open area is not required to expand in every horizontal dimension at each subsequent floor. Mayor Breed BOARD OF SUPERVISORS Page 5 (C) Off Street Loading: No off-street loading spaces under Section 152. (D) Automobile Parking: Up to a 100% reduction in the minimum off- street residential and commercial automobile parking requirement under Article 1.5 of this Code. (E) Open Space: Up to a 10% reduction in common open space requirements if required by Section 135, but no less than 36 square feet of open space per unit. (F) Inner Courts as Open Space: In order for an inner court to qualify as useable common open space, Section 135(g)(2) requires it to be at least 20 feet in every horizontal dimension, and for the height of the walls and projections above the court on at least three sides (or 75% of the perimeter, whichever is greater) to be no higher than one foot for each foot that such point is horizontally distant from the opposite side of the clear space in the court. 100 Percent Affordable Housing Bonus Projects may instead provide an inner court that is at least 25 feet in every horizontal dimension, with no restriction on the heights of adjacent walls. All area within such an inner court shall qualify as common open space under Section 135. (d) Implementation. (1) Application. The following procedures shall govern the processing of a request for a project to qualify under the 100 Percent Affordable Housing Bonus Program. (A) An application to participate in the 100 Percent Affordable Housing Bonus Program shall be submitted with the first application for approval of a Housing Project and processed concurrently with all other applications required for the Housing Project. The application shall be submitted on a form prescribed by the City and shall include at least the following information: Mayor Breed BOARD OF SUPERVISORS Page 6 (i) A full plan set including a site plan, elevations, sections and floor plans, showing the total number of units, unit sizes and planned affordability levels and any applicable funding sources; (ii) The requested development bonuses from those listed in subsection (c); (iii) Unit size and distribution of multi-bedroom units: (iv) Documentation that the applicant has provided written notification to all existing commercial tenants that the applicant intends to develop the property pursuant to this section 206.4. Any affected commercial tenants shall be given priority processing similar to the Department's Community Business Priority Processing Program, as adopted by the Planning Commission on February 12, 2015 under Resolution Number 19323 to support relocation of such business in concert with access to relevant local business support programs. In no case may an applicant receive a site permit or any demolition permit prior to 18 months from the date of written notification required by this subsection 206.4(d)(1 )(B); and (v) Documentation that the applicant shall comply with any applicable provisions of the State Relocation Law or Federal Uniform Relocation Act when a parcel includes existing commercial tenants. (2) Conditions. Entitlements of 100 Percent Affordable Housing Bonus Projects approved under this Section shall be valid for 10 years from the date of Planning Commission or Planning Department approval. (3) Notice and Hearing. 100 Percent Affordable Housing Bonus Projects shall comply 'eVith Section 328 for review and approval. Mayor Breed BOARD OF SUPERVISORS Page 7 (J4) Controls. Notwithstanding any other provision of this Code, no conditional use authorization shall be required for a 100 Percent Affordable Housing Bonus Project, unless such conditional use requirement was adopted by the voters. SEC. 309. PERMIT REVIEW IN C-3 DISTRICTS. The provisions and procedures set forth in this Section shall govern the review of project authorization and building and site permit applications for (1) the construction or substantial alteration of structures in C-3 Districts, (2) the granting of exceptions to certain requirements of this Code where the provisions of this Section are invoked, and (3) the approval of open space and streetscape requirements of the Planning Code. When any action authorized by this Section is taken, any determination with respect to the proposed project required or authorized pursuant to CEQA may also be considered. This Section shall not require additional review in connection with a site or building permit application if review hereunder was completed with respect to the same proposed structure or alteration in connection with a project authorization application pursuant to Section 322. (a) Exceptions. Exceptions to the following provisions of this Code may be granted as provided in the code sections referred to below: (1) Exceptions to the setback, streetwall, tower separation, and rear yard requirements as permitted in Sections 132.1 and 134(d); (2) Exceptions to the ground-level wind current requirements as permitted in Section 148; (3) Exceptions to the sunlight to public sidewalk requirement as permitted in Section 146; (4) Exceptions to the limitation on curb cuts for parking access as permitted in Section 155(r); Mayor Breed BOARD OF SUPERVISORS Page 8 (5) Exceptions to the limitations on above-grade residential accessory parking as permitted in Section 155(s); (6) Exceptions to the freight loading and service vehicle space requirements as permitted in Section 161 (f); (7) Exceptions to the off-street tour bus loading space requirements as permitted in Section 162; (8) Exceptions to the use requirements in the C-3-0 (SD) Commercial Special Use Subdistrict in Section 248; (9) Exceptions to the height limits for buildings taller than 550 feet in height in the S-2 Bulk District for allowance of non-occupied architectural, screening, and rooftop elements that meet the criteria of Section 260(b)(1)(M); (10) Exceptions to the volumetric limitations for roof enclosures and screens as prescribed in Section 260(b)(1 )(F). For existing buildings, exceptions to the volumetric limitations for roof enclosures and screens shall be granted only if all rooftop equipment that is unused or permanently out of operation is removed from the building; (11) Exceptions to the height limits for vertical extensions as permitted in Section 260(b)(1 )(G) and for upper tower extensions as permitted in Section 263.9; (12) Exceptions to the height limits in the 80-130F and 80-130X Height and Bulk Districts as permitted in Section 263.8 and in the 200-400S Height and Bulk District as permitted in Section 263.1 O; (13) Exceptions to the bulk requirements as permitted in Sections 270 and 272. (I 4) Exceptions to the exposure requirements as permitted in Section 140. (1 5) Exceptions to the usable open space requirements as permitted in Section 135. * * * * Mayor Breed BOARD OF SUPERVISORS Page 9 (d) Notice of Proposed Approval for Proiects that do not require Public Hearing. !fan application does not require a Planning Commission hearingpursuant to Subsection 309(e)(l) below, the application or building or site permit may be reviewed and approved administratively. At the determination of the Planning Director, applications for especially significant scopes of work may be subject to the notification requirements ofSection 333 ofthis Code. !fa request for Planning Commission review is made pursuant to subsection 309(/), the application will be subject to the notification and hearing procedures ofthis Section. If no request for Commission review is made, the Zoning Administrator may approve the project administratively. If, after €l revie,~· ofthe AppliC€lti01q or building or site permit, €Ind (1) the Zoning Administr€ltor determines th€lt €In appliC€ltion complies with the provisions ofthis Code mqd th€lt no exceptio,q is sought €1Sprovided in Subsection (a), €Ind (2) the Director (}j Pfonning determines th€lt no €lddition€ll modijic€ltions €Ire wElrrElnted €IS provided in Subsection (b), €Ind (3) the project meets th.e open sp€lce €Ind streetscape reqbdrements of the Pl€llmilqg Code or (4) the project spo1qsor Elgrees to the modifiC€ltions €IS requested by the Director, the Zoning Administr€ltor sh€1llprovide notice of the proposed apprm,iEll ofth.e appliC€ltion by nwil to €ill mmers of the property immedi€ltely €l6fj€lcent to the property tlwt is subject of the ApplicEltion no less thmq 10 days beforeji,wl approv€ll, €Ind, in €lddition, to €lnyperson who h€lS requested such notice in writing. Jfno request for Pl€llming Commissio,q review pursu€lnt to Subsection (g) is nwde 'rvithiJq 10 days ofsuch notice, the Zoning Administr€ltor shElll apprmre the appliC€ltion. (e) Hearing and Determination of Applications for Exceptions. (1) Hearing. The Planning Commission shall hold a public hearing on en g Section 309 application j[_for €In exception €ls provided in Subsection (a). (A) The project would result in a net addition of more than 5 0. 000 square feet of gross floor area of space, or (B) The project includes the construction ofa new building greater than 75 feet in height (excluding any exceptions permitted per Section 260(lzV, or includes a vertical addition to an Mayor Breed BOARD OF SUPERVISORS Page 10 existing building with a height of 75 feet or less resulting in a total building height greater than 75 feet: (C) The proz'ect would require an exception as provided in Subsection 309(a). (2) Notice of Hearing. Notice of such hearing shall be conducted pursuant to the provisions o{Section 333 of this Code. mailed not less than 10 days prior to the date &}the hearing to the project applicant, to property mvners 1evithin 300 feet (}}the pr(}ject that is the subject of the application, using for this purpose the names and addresses as shown on the citywide Assessment Roll in the Assessor's Office, and to any person who has requested such notice. The notice shall state that the ·written recommendation of the Director of Planning regarding the request for an exception will be available for public revie,v at the (}ffice (}}the Planning Department. (3) Decision and Appeal. The Planning Commission may, after public hearing and after making appropriate findings, approve, disapprove or approve subject to conditions, the application for an exception. The decision of the Planning Commission may be appealed to the Board of Appeals by any person aggrieved within 15 days after the date of the decision by filing a written notice of appeal with that Body, setting forth wherein it is alleged that there was an error in the interpretation of the provisions of this Code or abuse of discretion on the part of the Planning Commission. (4) Decision on Appeal. Upon the hearing of an appeal, the Board of Appeals may, subject to tlw same limitations as are placed on the Planning Commission by Charter or by this Code, approve, disapprove or modify the decision appealed from. If the determination of the Board differs from that of the Commission it shall, in a written decision, specify the error in interpretation or abuse of discretion on the part of the Commission and shall specify in the findings, as part of the written decision, the facts relied upon in arriving at its determination. (f) Administrative Appro';}a/ ~/Design Re';}iew. (1) Recommendations. Iftlw Director of Plarming determines that modifications Mayor Breed BOARD OF SUPERVISORS Page 11 through the imposition a/conditions are ·warranted as provided in Subsection (b), or that the open space requirements or the streetscape requirements of the Planning Code have not been complied )Vith, the matter shall be scheduled for hearing before the Planning Commission. Ifthe Director determines that the open space and streetscape requirements of the Planning Code have been complied ·with and the applicant does not oppose the imposition of conditions which the Director has determined are warranted, the applicant may 1rvaive the right to a hearing before the Planning Commission in writing and agree to the conditions. The Zoning Administrator shall provide notice of the proposed approval of the application according to the notice given for applications gm1erned by Subsection (d), so that any person seeking additional modifications or objecting to the open space or streetscape reqbtirements determination may make such a request for Planning Commission revie,~· as provided in Subsection (g) Ifno request is made within 10 days of such notice, the Zoning Administrator shall approve the application subject to the conditions. · (2) Notice. If the proposed application will be heard by the Planning Commissiori, notice ofsuch hearing shall be mailed not less than IO days prior to the hearing to th.e project applicant, to property owners immediately adjacent to the site of the application using for this purpose the names and addresses as sh0r1·n on the citywide Assessment Roll in the Assessor's Office, and to any person who has requested such notice. The notice shall state that the Director's written recommendation will be available for public re"i?iew at the Planning Department. (3) Commission Action. The Planning Commission may, after public hearing and after making appropriate findings, approve, disapprove or approw subject to conditions applications consideredpursuant to Subsection (b) or for compliance with the open space and streetscape requirements ofthe Planning Code (gj) Planning Commission Review Upon Request. (1) Requests. Within 10 days after notice of the proposed Zoning Administrator approval has been given, as provided in S~ubsection (d), any person may request in writing Mayor Breed BOARD OF SUPERVISORS Page 12 that the Planning Commission impose additional modifications on the project as provided in S~ubsection (b) or consider the application for compliance with the open space and streetscape requirements of the Planning Code. The written request shall state why additional modifications should be imposed notwithstanding its compliance with the requirements of this Code and shall identify the policies or objectives that would be promoted by the imposition of conditions, or shall state why the open space and streetscape requirements have not been complied with. (2) Commission Consideration. The Planning Commission shall consider at a public hearing each written request for additional modifications and for consideration of the open space and streetscape requirements of the Planning Code compliance and may, by majority vote, direct that a hearing be conducted to consider such modifications or compliance, which hearing may be conducted at the same meeting that the written request is considered and decided. Notice of such hearing shall be mailed to the praject applicant, to property owners immediately adjacent to the site ef the application using for this purpose the names and addresses as shmvn on the Citywide Assessment Roll in the Assessor's Office provided pursuant to the requirements o(Section 333 of this Code. provided that mailed notice shall also be provided to any person who has requested such notice, and to any person who has submitted a request for additional requirements. In determining whether to conduct such a hearing, the Planning Commission shall determine whether, based upon a review of the project, reasonable grounds exist justifying a public hearing in order to consider the proposed additional modifications and the open space and streetscape requirements of the Planning Code compliance. (3) Commission Action. If the Planning Commission determines to conduct a hearing to consider the imposition of additional modifications or the open space and streetscape requirements compliance, it may, after such hearing and after making appropriate findings, approve, disapprove, or approve subject to conditions the building or site permit or project Mayor Breed BOARD OF SUPERVISORS Page 13 authorization application. If the Planning Commission determines not to conduct a hearing, the Zoning Administrator shall approve the application subject to any conditions imposed by the Director of Planning to which the applicant has consented. (h) Alandalory Planning OJmmissi<Jn Hearing for Projects Over 50,000 Square Feet ~f Gross .. TlloorArea or Over 75 Feet in Height. The Planning Commission shall hold a public hearing not otherwise required by this Section on all building and site permit and Section 309 applications for projects ·which '1-llill resitlt in a 1qet addition &}more than 50,000 square feet (}jgrossjloor area &}space or ·which will result in a building that is greater than 75 feet in height. Notice ofsuch hearing shall be mailed not less than IO days prior to the date of the hearing to the project applicant, to property owners immediately adjacent to the site (}}the application using for this purpose the names and addresses as sho"H'n on the city,vide Assessment Roll in the Assessor's Office, and to a1qyperson who has requested such notice * * * * SEC. 315. AFFORDABLE HOUSING PROJECT AUTHORIZATION. (a) Purpose. The purpose of this Section 315 is to ensure that any project where the principal use is affordable housing, defined in subsection (b) as an Affordable Housing Project, is reviewed in coordination with relevant priority processing and design guidelines. (b) Applicability. Notwithstanding anything to the contrary contained in this Planning Code, this Section 315 shall apply to any project where the principal use is housing comprised solely of housing that is restricted for a minimum of 55 years as affordable for "persons and families of low or moderate income," as defined in California Health & Safety Code Section 50093 (an "Affordable Housing Project"). The Affordable Housing Project shall be considered a principally permitted use and shall comply with the administrative review procedures set forth in this Section and shall not require conditional use authorization or a Planning Mayor Breed BOARD OF SUPERVISORS Page 14 Commission hearing that otherwise may be required by the Planning Code, provided that the site is not designated as public open space, is not under the jurisdiction of the Recreation and Park Department, is not located in a zoning district that prohibits residential uses, or is not located in an RH zoning district. (1) If a conditional use authorization or other Planning Commission approval is required for provision of parking, where the amount of parking provided exceeds the base amount permitted as accessory in Planning Code Article 1.5, such requirement shall apply. (2) If an Affordable Housing Project proposes demolition or change in use of a general grocery store or movie theatre, this Section shall not apply. (3) If a non-residential use contained in any proposed project would require conditional use authorization, such requirement shall apply unless the non-residential use is accessory to and supportive of the affordable housing on-site. (c) Review Process. (1) In lieu of any otherwise required Planning Commission authorization and associated hearing, the Planning Department shall administratively review and evaluate the physical aspects of an Affordable Housing Project and review such projects in coordination with relevant priority processing and design guidelines. The review ofan Affordable Housing Proiect shall be conducted as part of and incorporated into, a related building permit application or other required proiect authorizations. and no additional application fee shall be required. An Affordable Housing Project may seek exceptions to Planning Code requirements that may be are available through the Planning Code, including but not limited to sections 253, 303, 304, 309, and 329, ·without a Planning Commission hearing, and the Planning Department may permit such exceptions ifit makes the findings otherwise required by the Planning Code. This includes. but is not limited to, those exceptions permitted through Sections 253. 303. 304. 309. and 329. The Planning Department may grant such exceptions i(it makes the findings as required in subsection (c)(2) below,_ Mayor Breed BOARD OF SUPERVISORS Page 15 An Affordable Housing Pro;ect may seek exceptions {i-om other Code requirements that could otherwise be granted to a Planned Unit Development as set forth in Section 304. irrespective ofthe zoning district in which the property is located.and irrespective of!ot size requirements set forth in Section 304. and provided fi1rther that conditional use authorization shall not be required. 100 Percent Affordable Housing Bonus Pro;ects seeking density bonuses. zoning modifications. or Planning Code exceptions pursuant to Section 206.4 of this Code shall be sub;ect to the provisions and review process pursuant to Section 315.1 ofthis Code. (2) This administrative review shall be identical in purpose and intent to any Planning Commission review that would otherwise be required by the Planning Code, including but not limited to Sections 253, 303, 304, 309, or 329, but shall not be considered a conditional use authorization. and an Affordable Housing Project may seek the exceptions set forth, in the Planning Code. If an Affordable Housing Project would otherwise be subject to such Planning Code provisions, the Planning Department shall consider all the criteria set forth in such Planning Code sections and shall make all required findings in writing when it approves, modifies, conditions, or disapproves an Affordable Housing Project. !(the pro;ect is seeking exceptions solely as provided in this Section 315, the Department shall only make those required .findings set forth in Section 303(c) ofthis Code. (3) Decision and Imposition of Conditions. The Planning Department, after making appropriate findings, may approve, disapprove or approve subject to conditions the Affordable Housing Project and any associated requests for exceptions as part of a related building permit application or other required pro;ect authorizations. As part of its review and decision, the Planning Department may impose additional conditions, requirements, modifications, and limitations on a proposed Affordable Housing Project in order to achieve the objectives, policies, and intent of the General Plan or the Planning Code. Such approval or Mayor Breed BOARD OF SUPERVISORS Page 16 disapprovaldetermination shall be made in writing and mailed to the project sponsor and individuals or organizations who so request. (4) Change of Conditions. Once a project is approved, authorization of a change in any condition previously imposed by the Planning Department shall require approval by the Planning Director subject to the procedures set forth in this Section 315. (5) Discretionary Review. As long as the Planning Commission has delegated its authority to the Planning Department to review applications for an Affordable Housing Pro;ect, the Planning Commission shall not hold a public hearing for discretionary review of an Affordable Housing Proiect that is subiect to this Section 315. This Section 315 is not intended to alter the procedures for requests for Discretionary Revie,~· by the Planning Commission. (d) Appeals. The Planning Department's administrative determination regarding an Affordable Housing Proiect pursuant to this Section 315 shall be considered part ofa related building permit. Any appeal of such determination shall be made through the associated building permit. SEC. 315.1 100 PERCENT AFFORDABLE HOUSING BONUS PROJECT AUTHORIZATION. (a) Purpose. The purpose of this Section 315.1 is to ensure that all 100 Percent Affordable Housing Bonus proiects pursuant to Planning Code Section 206. 4 are reviewed in coordination with Priority Processing available for certain proiects with 100% affordable housing. While most proiects in the 100 Percent Affordable Housing Bonus Program will likely be somewhat larger than their surroundings in order to facilitate higher levels of affordable housing, the Planning Director and Department shall review each proiect for consistency with the Affordable Housing Bonus Design Guidelines and any other applicable design guidelines. as adopted and periodically amended by the Planning Commission, so that pro;ects respond to their surrounding context, while still meeting the City's affordable housing goals. Mayor Breed BOARD OF SUPERVISORS Page 17 (b) Applicability. This Section 315.1 applies to all 100 Percent Affordable Housing Bonus Pro;ects that meet the requirements described in Section 206. 4. (c) Design Review. The Planning Department shall review and evaluate all physical aspects of a 100 Percent Affordable Housing Bonus Pro;ect as follows. (I) The Planning Director may, consistent with the Affordable Housing Bonus Program Design Guidelines and any other applicable design guidelines, make minor modifications to a pro;ect to reduce the impacts of a 100 Percent Affordable Housing Bonus Pro;ect on surrounding buildings. The Planning Director may also apply the standards of Section 261.1 to bonus floors for all pro;ects on · narrow streets and alleys in order to ensure that these streets do not become overshadowed, including potential upper story setbacks, and special consideration for the southern side of East-West streets, and Mid-block passages, as long as such setbacks do not result in a smaller number of residential units. (2) As set forth in subsection (d) below, the Planning Director may also grant minor exceptions to the provisions of this Code. However, such exceptions should only be granted to allow building mass to appropriately shift to respond to surrounding context, and only when such modifications do not substantially reduce or increase the overall building envelope permitted by the Program under Section 206. 4. All modifications and exceptions should be consistent with the Affordable Housing Bonus Program Design Guidelines and any other applicable design guidelines. In case of a conflict with other applicable design guidelines, the Affordable Housing Bonus Program Design Guidelines shall prevail. (3) The Planning Director may require these or other modifications or conditions in order to achieve the ob;ectives and policies of the Affordable Housing Bonus Program or the purposes of this Code. This review shall be limited to design issues including the following: (A) whether the bulk and massing of the building is consistent with the Affordable Housing Bonus Design Guidelines. Mayor Breed BOARD OF SUPERVISORS Page 18 (B) whether building design elements including, but not limited to, architectural treatments, facade design, and building materials, are consistent with the A(fordable Housing Bonus Program Design Guidelines and any other applicable design guidelines. (C) whether the design oflower floors, including building setback areas, commercial space, townhouses, entries, utilities, and parking and loading access is consistent with the Affgrdable Housing Bonus Program Design Guidelines, and any other applicable design guidelines. (D) whether the required streetscape and other public improvements such as tree planting, street fitrniture, and lighting are consistent with the Better Streets Plan, and any other applicable design guidelines. (d) Exceptions. As a component ofthe review process under this Section 315.1, the Planning Director may grant minor exceptions to the provisions ofthis Code as provided below, in addition to the development bonuses granted to the pro;ect in Section 206. 4(c). Such exceptions, however, should only be granted to allow building mass to appropriately shift to respond to surrounding context, and only when the Planning Director finds that such modifications do not substantially reduce or increase the overall building envelope permitted by the Program under Section 206. 4, and the pro;ect, with the modifications and exceptions, is consistent with the A(fordable Housing Bonus Design Guidelines. These exceptions may include: (I) Exception from residential usable open space requirements per Section 135, or any applicable special use district. (2) Exception from satisfaction of loading requirements per Section 15 2.1, or any applicable special use district. (3) Exception for rear yards, pursuant to the requirements ofSection 134, or any applicable special use district. (4) Exception from dwelling unit exposure requirements of Section 140, or any applicable special use district. Mayor Breed BOARD OF SUPERVISORS Page 19 (5) Exception from satisfaction of accessory parking requirements per Section 15 2.1. or any applicable special use district. (6) Where not specified elsewhere in this subsection (d). modification of other Code requirements that could otherwise be modified as a Planned Unit Development (as set forth in Section 304). irrespective of the zoning district in which the property is located. and without requiring conditional use authorization. (e) Required Findings. In reviewing any project pursuant to this Section 315.1. the Planning · Director shall make the following findings: (I) the use complies with the applicable provisions of this Code and is consistent with the General Plan; (2) the use provides development that is in conformity with the stated purpose of the applicable Use District,· and. (3) the use contributes to the City's affordable housing goals as stated in the General (4) If a 100 Percent Affordable Housing Bonus Project otherwise would require a conditional use authorization due only to (I) a specific land use or (2) a use size limit. the Planning Director shall make all findings and consider all criteria required by this Code for such use or use size as part of this 100 Percent Affordable Housing Bonus Project Authorization and no conditional use authorization shall be required. (f) Decision and Imposition of Conditions. The Planning Director may authorize, disapprove or approve subject to conditions. the project and any associated requests for exceptions and shall make appropriate findings. The Director may impose additional conditions. requirements, modifications, and limitations on a proposed project in order to achieve the objectives, policies, and intent ofthe General Plan or of this Code. This administrative review shall be identical in purpose and intent to any Planning Commission review that would otherwise be required by Section 206. 4 of the Planning Code. Mayor Breed BOARD OF SUPERVISORS Page 20 (g) Discretionary Review. As long as the Planning Commission has delegated its authority to the Planning Department to review applications for an Affordable Housing Project, the Planning Commission shall not hold a public hearing for discretionary review of a 100 Percent Affordable Housing Bonus project that is subject to this Section. (h) Appeals. The Planning Director's administrative determination regarding a 100 Percent Affordable Housing Bonus Project pursuant to this Section 315.1 shall be considered part of a related building permit. Any appeal of such determination shall be made through the associated building permit. SEC. 328. 100 PERCENTAFF'ORDABLE HOUSING BONUS PRO.IECTA UTHORIZATHJJV. (a) Purpose. The purpose o,fthis Section 328 is to ensure th.at all ] 00 Percent Affordable Housing Bonus projects under Section 206. 4 are revie·wed in coordination ·with priority processing available for certain projects with 100 Percent affordable housing. While most projects in the 100 Percent Affordable Housing Bonus Program 1rvill likely be sor1wH1hat larger than their surroundings in order to facilitate higher levels of affordable housing, the Planning Commission and Department shall ensure that each project is consistent with the Affordable Housing Bonus Desig,q Guidelines and any other applicable design guidelines, as adopted andperiodically amended by the Planning Commission, so that projects respond to their surrounding context, 11>vhile still meeting the City's cifferdable housing (b) Applicability. This Section 328 applies to all qualifying 100 Percent 14.fJ{)rdable Housing Bonus Projects that meet the requirements described in Section 206. 4. (c) Planning Commission Design Review. The Planning Commission shall review and evaluate all physical aspects (jf a 100 Per cent Affordable Housing Bonus Project at a public hearing. The Planning Commission recognizes that most qualifji'ingprojects 1,vill need to be larger in heigh:f and mass than surrounding buildings in order to achieve the 100% Affordable Housing Bonus Program's Mayor Breed BOARD OF SUPERVISORS Page 21 affordable housing goals. Hmvewr, #w Planning Commission may, consistent with the Affordable Housing Bonus Program Design Guidelines, and any other applicable design guidelines, and upon recommendationfrom the Planning Director, make minor modifications to a project to reduce the impacts o_fsuch differences in scale. The Planning Commission, upon recommendation (}fthe Planning Director, may also apply the standards (}}Section 261.1 to b01msjloors for all projects on narrmv streets and alleys in order to ensure that these streets do not become overshadowed, including potential btpJJer story setbacks, and special consideration for the southern side of East w~st streets, and }did block passages, as long as such setbacks do not result in a smaller number ofresidential btnits. Additionally, as set forth in subsection (d) below, the Planning Commission may grant minor exceptions to the provisions (}f this Code. Hmvever, such exceptions should only be granted to allmv building mass to appropriately shift to respond to surrounding co,qtext, and only ,vhen such modifications do not substantially reduce or increase the merall building envelope permitted by the Program under Section 206. 4. All modifications and exceptions should be consistent ,vith the Affordable Housing Bonus Program Design Guidelines and any other applicable design guidelines. In case (}fa conflict with other applicable design guidelines, the Affordable Housing Bonus Program Design Guidelines shall pre,;ail. The Planning Commission may require these or otlzer modifications or conditions, or disapprow a project, in order to achieve the objecfi>;es andpolicies (}fthe Affordable Housing Bonus Programs or the purposes of this Code. This review shall limited to design issues including the £allowing: (1) ·whether the bulk and massing of the building is consistent with the ,tfferdable Housing Bonus Design Guidelines (2) whether building design elements including, but not limited to architectural treatments, facade design, and building materials, are consistent ·with the Affordable Housing Bonus Program Design Guidelines and any other applicable design guidelines. Mayor Breed BOARD OF SUPERVISORS Page 22 (3) ·whether the design €r}lo,verjloors, including building setback areas, commercial space, townhouses, e1qtries, utilities, andparking and loading access is consistent ,vith the Affordable Housing Bonus Program Design Guidelines, and any other applicable design guidelines. (4) v.'hether the required streetscape and other public improvements such as tree planting, streetfitrniture, and lighting are consistent l>Vith the Better Streets Plan, and any other applicable design guidelines. (d) Excepti<:Jns. As a component ofthe review process under th.is Section 328, the Planning Commission may gra1qt minor exceptions to the provisions oftl1is Code as provided for belmv, in addition to the development bonuses gra1qted to the project in Section 206. 4(c). Such exceptions, however, should only be granted to allow building mass to appropriately shift to respond to surrounding context, and only when the Planning Commission finds that such modifications do not substantially reduce or increase the overall building envelope permitted by the Program under Section 206. 4, and also are consistent with the Affordable Housing Bonus Design Guidelines. These exceptions may include: (1) Exception from residential usable open space requirements per Section 135, or any applicable special use district. (2) Exception from satisfaction (}}loading requirements per Section 152.1, or any applicable special use district (3) Exception for rear yards, pursuant to the requirements (}}Section 13 4, or any applicable special use district (4) Exceptionfi·om dwelling unit exposure requirements o.fSection 140, or any applicable special use district. (5) Exceptionfi'om satisfaction of accessory parking requirements per Section 152.1, or any applicable special use district. Mayor Breed BOARD OF SUPERVISORS Page 23 (6) WJiere not specified else-where in this subsection (d), modification <>}other Code requirements that could otherwise be modified as a Planned Unit Development (as set forth in Section 30 4), irrespecti,;e frjthe zoning district in ·which the property is located. (e) Required Findings. In its revie,v af any project pursuant to this Section 328, the Planning Commissio,q shall make tlw follmvingjindings: (1) the use as proposed will comply ·with the applicable provisions CJ/this Code and is consistent %1ith the General Plan; (2) the use as proposed will provide development that is in conformity ·with the stated purpose <>} the applicable Use District; and, (3) the use as proposed will contribute to the City's affordable housing goals as stated in the General P Zan (f) Jfa 100 Percent Affordable Housing Bonus Project otherwise requires a conditional use authorization due only to (1) a specific land use, (2) use size limit, or (3) requirement adopted b)· the voters, then the Planning Commission shall make al/findings and consider all criteria required by this Code for such use or use size as part CJjthis 100 Percent Affordable Housing Bonus Project Authorization. (g) Hearing and Decision. (1) Hearing. The Planning Commission shall holdapublic hearing for all projects th.at are subject to this Section 328. (2) }lotice <>}Hearing. }lotice <>}such hearing shall be providedpursuant to the same requirements for Conditional Use requests, as set forth in Section 306. 3 and 306. 8. (3) Director's Recommendations on },1odifications and Exceptions. At the hearing, the Planning Director shall revie'rv for the Commission key issues related to the project based on the revie,v CJjth.e project pursuant to subsection (c) and recommend to the Commission modifications, if Mayor Breed BOARD OF SUPERVISORS Page 24 any, to the project and conditions for approval as necessary. The Director shall also make recommendations to the Commission on any proposed exceptions pursuant to subsection (d). (4) Decision and Imposition o}Conditions. The Commission, afierpublic hearing and, after making appropriate findings, may approve, disapprove or approve subject to conditions, the project and any associated requests for exceptions. As part a.fits revie..~· and decision, the Planning Commission may impose additional conditions, requirements, modifications, and limitations on a proposedproject in order to achieve the objectiws, policies, and intent ofthe General Plan or o.fthis (5) Appeal. The decision of the Planning Commission may be appealed to the Board of Supervisors by any person aggrieved ·within 3 0 days after tlw date of the decision by filing a written notice of appeal ·with the Board o}Supervisors, setting forth ·wherein it is alleged th.at there ·was an error in the interpretation of the provisions of this Section or abuse of discretion on the part &}the Planning Commission. The procedures and requireme1qts for conditional use appeals in Section 308.1 (b) and (c) shall apply to appeals to the Board &}Supervisors under this Section 328. (6) Discretionary Review. l'·lo requests for discretionary revinv shall be accepted by the Planning Department or heard by the Planning Commission for projects subject to this Section. (7) Change Qf Conditions. Once a project is approved, authorization ofa change in any condition pre1Jiously irn:posed by the Planning Commission shall require approval by the Planning Commission subject to the procedures set forth in this Section. Section 4. The Planning Code is hereby amended by revising Sections 202.5, 302, 303,303.1, 305.1, 306.3, 306.7, 306.8, 306.9, 311,317,329,330.7, 1006.3, and 1111.4; deleting Sections 306.10 and 312; and adding new Section 333 to read as follows: SEC 202.5. CONVERSION OF AUTOMOTIVE SERVICE STATIONS. Mayor Breed BOARD OF SUPERVISORS Page 25 * * * * (e) Criteria for Zoning Administrator Conversion Determination. The Zoning Administrator shall approve the application and authorize the service station conversion if the Zoning Administrator determines from the facts presented that the owner of the subject property is not earning a Fair Return on Investment, as defined in Section 102. The owner shall bear the burden of proving that the owner is not earning a Fair Return on Investment. (1) Application. A property owner's application under this Section shall be signed by the owner or an authorized representative of the owner and, under penalty of perjury, declared to contain true and correct information. The application shall be accompanied by: (A) An independent appraisal of the property stating its value; (B) A written statement from an independent Certified Public Accountant summarizing the applicant's financial records, including the property appraisal and stating the return on investment calculated pursuant to Section 102; (C) A certified statement from the Certified Public Accountant identifying the owner of the property and the owner of the service station business; (D) Such other financial information as the Zoning Administrator may reasonably determine is necessary to make the determination provided for in this Section. (2) Rebuttable Presumption. There shall be a rebuttable presumption that the property owner is earning a Fair Return on Investment if the property owner has earned at least a nine percent 9% return on the property owner's total investment in the property for the 24-month period immediately preceding the filing of the application, or in the case of a service station business that ceased operations after October 12, 1989, for the 24-month period immediately preceding the date the service station ceased operations. The property owner may rebut this presumption by offering evidence demonstrating that because of special facts Mayor Breed BOARD OF SUPERVISORS Page 26 regarding his or her property the property owner is not earning a Fair Return on Investment or that because of special demonstrated circumstances the applicant would not earn a fair return on investment from service station use during that 12-month period after the filing of the service station conversion application. (3) Notice of Hearing. Prior to conducting the hearing required by S~ubsection (c)(1 ), the Zoning Administrator shall provide v,ritten notice public notification of the hearing pursuant to the requirements o(Section 333 o(this Code. to each property mmer within 300 feet in every directionfrom the service station, as shovm in the last equalized assessment roll, such notice to be mailed at least 10 days before the heari1qg. The applica1qt also shall provide posted notice in a visible location on the service station site at least 20 days before the hearing. (4) Determination. The Zoning Administrator shall render written determination within 60 days of the hearing. (5) Consultation With Other City Departments. If necessary, the Zoning Administrator shall have the authority to consult with or retain the assistance of the staffs of the Department of Public Works, Real Estate Department, and Mayor's Office of Workforce and Economic Development in the review of applications for service station conversion. * * * * SEC. 302. PLANNING CODE AMENDMENTS. (a) General. Whenever the public necessity, convenience and general welfare require, the Board of Supervisors may, by ordinance, amend any part of this Code. Such amendments may include reclassifications of property (changes in the Zoning Map), changes in the text of the Code, or establishment, abolition or modification of a setback line. The procedures for amendments to the Planning Code shall be as specified in this Section and in Sections 306 through 306.6, and in Section 333. Mayor Breed BOARD OF SUPERVISORS Page 27 * * * * (d) Referral of Proposed Text Amendments to the Planning Code Back to Planning Commission. In acting upon any proposed amendment to the text of the Code, the Board of Supervisors may modify said amendment but shall not take final action upon any material modification that has not been approved or disapproved by the Planning Commission. Should the Board adopt a motion proposing to modify the amendment while it is before said Board, said amendment and the motion proposing modification shall be referred back to the Planning Commission for its consideration. In all such cases of referral back, the amendment and the proposed modification shall be heard by the Planning Commission according to the requirements for a new proposal, except that newspaper online notice required under Section ~333 need be given only 10 days prior to the date of the hearing. The motion proposing modification shall refer to, and incorporate by reference, a proposed amendment approved by the City Attorney as to form. SEC. 303. CONDITIONAL USES. * * * * (f) Conditional Use Abatement. The Planning Commission may consider the possible revocation of a Conditional Use or the possible modification of or placement of additional conditions on a Conditional Use when the Planning Commission determines, based upon substantial evidence, that the applicant for the Conditional Use had submitted false or misleading information in the application process that could have reasonably had a substantial effect upon the decision of the Commission or the Conditional Use is not in compliance with a Condition of Approval, is in violation of law if the violation is within the subject matter jurisdiction of the Planning Commission, or operates in such a manner as to create hazardous, noxious, or offensive conditions enumerated in Section 202(c) if the violation is Mayor Breed BOARD OF SUPERVISORS Page 28 within the subject matter jurisdiction of the Planning Commission and these circumstances have not been abated through administrative action of the Director, the Zoning Administrator or other City authority. Such consideration shall be the subject of a public hearing before the Planning Commission but no fee shall be required of the applicant or the subject Conditional Use operator. (1) Public Hearing. The Director of Planning or the Planning Commission may schedule a public hearing on Conditional Use abatement when the Director or Commission has obtained or received (A) substantial evidence.submitted within one year of the effective date of the Conditional Use authorization that the applicant for the Conditional Use had submitted false or misleading information in the application process that could have reasonably had a substantial effect upon the decision of the Commission or (B) substantial evidence, submitted or received at any time while the Conditional Use authorization is effective, of a violation of conditions of approval, a violation of law, or operation which creates hazardous, noxious or offensive conditions enumerated in Section 202(c). (2) Notification. The notice for the public hearing on a Conditional Use abatement shall be subject to the notification procedure described in Sections 306.3 and 306.8 3 3 3 oft his Code. , except that notice to the property ffwner and the operator of the subject establishment or use shall be mailed by regular and certified mail. * * * * SEC 303.1 FORMULA RETAIL USES. * * * * (g) Neighborhood Notification and Design Review. Any application for a Formula Retail use as defined in this section shall be subject to the notification and review procedures of subsections 312(d) and (e) Sections 311 or 333.,. as applicable, of this Code. A Conditional Use Mayor Breed BOARD OF SUPERVISORS Page 29 hearing on an application for a Formula Retail use may not be held less than 30 calendar days after the date of mailed notice. * * * * SEC. 305.1 REQUESTS FOR REASONABLE MODIFICATION - RESIDENTIAL USES. * * * * (e) All Other Requests for Reasonable Modification - Zoning Administrator Review and Approval. (1) Standard Variance Procedure - With Hearing. Requests for reasonable modifications that do not fall within S~ubsection (d) shall be considered by the Zoning Administrator, who will make the final decision through the existing variance process described in Section 305. (2) Public Notice of a Request for Reasonable Modification. Notice for reasonable modifications that fall with subsection (e)(1) are subject to the notice requirements of Section -3-tfe--333 ofthis Code. If the request for reasonable modification is part of a larger application, then the noticing can be combined. * * * * SEC 306.3. NOTICE OF HEARINGS. (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 o(this Code.as follows: (1) By mail to the applicant or other person or agency initiating the action; (2) By mail, except in the case ofproposcd amendments to change the text of the Code, not less than 20 days prior to the date of the hearing to the mmers of all real property within the area Mayor Breed BOARD OF SUPERVISORS Page 30 that is the subject (}fthe action and ·within 300 feet (}fall exterior boimdaries ofsuch area, using for this purpose the names and addresses of the mmers as shmvn on the latest city1,11ide assessment roll in the Office (}f the Tax Collector. Failure to send notice by mail to any such property mvner where the address (}jsuch mvner is not shown o,q such assessment roll shall not invalidate any proceedings in connection with svtch action; (3) By publication, except in Variance cases, at least once in a ne,1,·spaper (}}general circulation in the City not less than 20 days prior to the date ofthc hearing; (4) Such other notice as the Zoning Administrator shall deem appropriate. (b) 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. (2) In the case of amendments to reclassify land on the basis (}}general zo,qing studies for one or more zoning districts, v,·hich studies eitlwr arc city11+1ide in scope or cmrcr a major subarea of the City·, as determined by the Planning Commission, and H1here the total area (}jfand so proposed for reclassification, excluding the area ofpublic streets and alleys, is 30 acres or more, the notice given shall be as described in Subsection (a) above, except that: ~4) The newspaper notice shall be published as an advertisement in all editions (}jsuch newsp€1per, and need contain only the time and place of the heari1qg and a description (}f the general nature of the proposed ame1qdment together 1,'.'ith a map (}jthe area proposed for reclassification. (B) The notice by mail need co,qtain only the time and place (}f the hearing and a general description o,f the boundaries (}j the area proposed for reclassification. (3) In the case of amending the General P !an, notice shall be given by an advertisement at least once in a newsp€1per ofgeneral circulation in the City not less tlwn 20 days prior to the hearing. The advertisement shall contain the time and place o,f #w hearing and a description of the general nature (}fthe proposed amendment and, if applicable, a map (}fthe effected area. Mayor Breed BOARD OF SUPERVISORS Page 31 (c) In addition to any other information required by the Planning Department, the Zoning Administrator and the Planning Commission, any notice required by this Section ofan @pplicationfor a Conditional Use or Variance 'l>vhich proposes a Commercial Use for the su&jectproperty shall disclose the name under ,vhich business will be, or is expected to be, conducted at tlw su&jectproperty, as disclosed in the permit @pplication pursuant to Section 306.1 (c), if the business name is knmm at the time notice is given. If the business name becomes known to the @pplicant during the notice period, the applicantpromptly shall amend the notice to disclose such business name and the Depart11wnt shall disseminate all the various required hearing notices again with the disclosed name and allmv the prescribed time between th.e date (}fthe notice and the date of the hearing SEC 306.7. INTERIM ZONING CONTROLS. * * * * (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 o(Section 333 o(this Code, and such other notice as the Clerk ofthe Board or the Zoning Administrator may deem appropriate.-'- as follmFs: (1) By publication at least once in an (}fjicial ne'l>FSp@per &}general circulation in the City not less than nine days prior to the date E>j hearing; (2) By posting at the office (}fthe Board E>jSupendsors and the Planning Department nine days prior to the date of hearing; and (3) By mail to the applicant or other person or agency initiating the proposed interim control; and (4) By mail, ifth.e area is 30 acres or less, exclusive (}}streets, alleys, and other public property, sent at least 10 days prior to the date (}fth.e hearing, to the owners of real property ·within th.c area that Mayor Breed BOARD OF SUPERVISORS Page 32 is the subject <>}the proposed interim zoning controls and ·within 300 feet <>}the exterior boimdaries o.f that area ,Fhen the controls 1,vould reclassify land or establish, abolish or modifji a setback line, using for this purpose the names and addresses <>}the owners shmvn on the latest citywide assessment roll in tlw Assessor's <>ffice. Failure to send notice by mail to any such property ovmer v.1here the address o.f such owner is not shmm on such assessment roll shall not invalidate any proceedings in connection with the position o.finterim zoning controls; (5) Such other notice as the Clerk <>} the Board or th.e 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 Subsections (1), (2), (3) and (5) <>f the requirements of this S,§ubsection. Notices posted or publishedpursuant to the provisions <>}this ordinance shall contain a description of th.e general nature of th.e proposed interim zoning controls, and a description of the boundaries of the affected area if the controls would not be applicable citywide, and the time andplace <>}the hearing 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 S,§ubsection and a hearing is provided on the modifications. Notice may be provided pursuant to the provisions of this S,§ubsection (g) prior to the completion of the environmental review process. * * * * SEC. 306.8. POSTING OF SIGNS REQUIRED. (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 Mayor Breed BOARD OF SUPERVISORS Page 33 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~ 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 ofthis Code. At least 20 days prior to a hearing governed by this section (other than a hearing on a reclassification, which shall not be subject to this subsection), the applicant shall post a sign on tlw property th.at is the subject o.f the application through the date of the hearing; provided, hm1,•e 1Per, that if the date of the hearing is continued four weeks or more, the sign need not remain posted and the applicant will thereafter be subject only to such posting requirements as directed by· the Zoning Administrator; and, provided farther, #wt signs for applications described in Subsection (a) (4) need only be posted at least 10 days prior to the hearing, su&ject to the previsions regarding continued hearings set forth herein. The sign shall meet the follo·wing requirements: (1) It shall be posted inside of ·windm,1·s ·which are no more than six feet backfrorn th.e property line, H1here the ·windo,Fs are ofsiifficient size to accommodate the sign. The bottom of the sign shall be no lmFer than four feet abme grade and the top of the sign shall be no higher than eight feet six inches Mayor Breed BOARD OF SUPERVISORS Page 34 abme grade. The sign shall not be obstructed by mmings, landscaping, or other impediment and shall be clearly visible from a public street, alley or side'rFalk (2) In the absence of-windows meeting the above criteria, where tlw buil,dingfacade is no more than nine feet backfrom the property line, the sign shall be cif.fixed to the building, with the bottom &f the sign being at leastfive feet abow grade and the top &}the sign being no more than seven feet six inches above grade. The sign shall be protectedfrom the weather as necessary. The sign shall not be obstructed by awnings, landscaping, or other impediment, and shall be clearly -visible from a public street, alley or side·walk. (3) Where the structure is more than nine fcetfrom the property line, the sign shall be posted at the property line v.dth the top ofth.e sign no more than six feet and no less thanfi',;e feet above grade. Such signs shall be attached to standards and shall be protectedfrom the ·weather as necessary. The requirements &}Subsections (1) through (3) &}this subsection may be modified upon a determination by the Zoning Administrator that a different location for the sign ',muldprovide better notice or thatphysical conditions make this requirement impossible or impractical, in ',Fhich case the sign shall be posted as directed by the Zoning Administrator (c) Contents and Size ofSigns. The sign shall be at least 30 inches by 30 inches, unless the application relates to a vacant site or vacant building, in ·which case the Zoning Administrator may require a sign up to eight feet wide and four feet high upon a determination tlwt the larger sign will provide better public notice. The sign shall be entitled 1'IOT!CE OF ZONLVG HEARLVG. The lettering shall be at least 1 % inch capital letters for the title. All other letters shall be at least% inch uppercase and Js inch lower case. The sign shall provide notice of the case number, the time, date, location and purpose of the public hearing, a description &}the proposedproject, and the procedure for obtaining additional information. Every person subject to tlw requirements &}th.is Section shall obtainfrom the Planning Department the sign on submission of application ·which is to be posted, and shall provide such Mayor Breed BOARD OF SUPERVISORS Page 35 additional information on the sign as required by this Section and any written directions provided by the Zoning Administrator; provided, hmvever, that where the Zoning Administrator requires a sign larger than 3 0 by 3 0 inches, the applicant shall provide the sign. The Department shall char15e a fee to applicants in an amount determined appropriate to cover the cost ofprO'.Jiding the sign. When the application is for a planned unit de 1;el apment, tlie sign shall contain a plot plan of the property containing the follmFing information: (i) The names a.fall immediately adjacent streets or alleys; (ii) A building footprint of the proposedproject (ne,I' construction cross hatched) outlined in bold lines so as to clearly identifj,· the location in relation to the property lines; (iii) An arrow indicating north. (de) 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 ofsSection 333 ofthis Code. at least 10 days prior to the hearing. The signs shall be posted in the area of the proposed reclassification and within 300 feet ofsuch area. The signs shall identifj,· the applicant and the current andproposed zoning classification and shall contain a map '.l>'ith the proposed reclassification area outlined in bold lines so as to clearly identifj,· its boundaries and with the names of all streets or alleys immediately adjacent to the proposed reclassification area identified. The signs so posted shall be at least 8Yi by 1 O~~ inches. Compliance with this subsection shall be met ifat least one notice is posted in proximity to each street intersection in the area that is the subject of the proposed reclassification and within 3 00 feet of such area. The Zoni1qg Administrator shall determine the cost to the City in providing the notice required by this subsection and shall notifj,· #w applicant Hpon making that determination. The notice required by this subsection shall be provided by the Zoning Administrator only upon payment of such costs by the applicant Mayor Breed BOARD OF SUPERVISORS Page 36 (ed.) 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. (g_j) 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. Mayor Breed BOARD OF SUPERVISORS Page 37 (f g) 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. SEC. 306.9. NOTICE OF APPLICATIONS FOR BUILDING PERMITS FOR SUTRO TOWER. * * * * (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 sSection 333 o(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 o(properties within a I, 000 foot radius of the property line o(the Sutro Tower site. cause a ',twitten notice of the proposedproject to be sent in the manner described belmF. 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. The notice shall have a format and content determined by the Zoning Administrator. At a minimum, it shall describe the proposedproject and the project revie,t' process, and shall set forth the mailing date ofthe notice. Written notice shall be sent to all property owners and to each residential unit within a 1,000 foot radius of the proper!)· line of the Sutro Tower site. The latest cit)· wide Assessor's roll for names and addresses of mmers shall be used fer said notice. }lotice shall also be sent to any neighborhood orj;Clnization on record lt1ith the Department as requesting notice of building permits for Sutro Tm1,·er. SEC. 306.10. AWLTIPLELANGUAGEREQUIREAfE]VT_._"ll()R JVOTICES. (a) Applicability. In addition to the notice requirements set forth elseH·here in this Code, the requirements of this section shall apply to the mailed notices that are required by the following sections of the Planning Code: Sections 202. 5(e)(3), 304. 5(d), 306. 3, 306. 7(g), 306. 9(c), Mayor Breed BOARD OF SUPERVISORS Page 38 309(c) through 309(h), 311, 312, 313.4(b), 314. 4(a), 330. 7, and any other section of the Planning Code that requires a notice to be mailed or personal lcy served to property owners or ocrnpants ad:f acent to or near apropertyfor ·which Planning Department development approval is sought. (b) Definitions. The follmving definitio,~s shall apply for the purposes of this section: (1) Dedicated Telephone Number means a telephone number for a recorded message in a Language ofLimited English Proficient Residents. The recorded message shall advise callers as to ',vhat information they should leave on the message machine so that the Department may return the call 1,vith iriformation about the notice in the requested language. (2) Language ofLimited English Proficient Residents means each of the two languages other than English spoken most commonly by San Francisco residents of limited English proficiency as determined by the Planning Department based on its annual review of United States census and other data as required by San Francisco Administrative Code Section 91.20). (c) Afultiple Language Statement in IV-otices. The P fanning Department shall prepare a cover sheet as specified below and include it with each notice of the type listed in subsection (a). The cm,er sheet shall contain the follmving statement, printed in each Language ofLimited English Proficient Residents and, to the extent available Department resources allow, such other languages that the Department determines desirable, ·with the name of the language in ',vhich the statement is made, the time period for a decision on the matter and the Dedicated Telephone }lumber fer the language of the statement inserted in the appropriate blank spaces: "The attached notice is provided imder the Planning Code. It concerns property located at the address shown on the attached notice. A hearing may occur, a right to request revie,1,1 may expire or a development approval may become final unless appealed within [insert days until a hearing or deadline for requesting revie,v or Elppealing decision]. To obtain information about this notice in [insert name of language}, please call [insert Dedicated Telephone Number}. Please be advised that the Planning Department ',+dll require at least one business day to respond to any call. Provision of Mayor Breed BOARD OF SUPERVISORS Page 39 information in {insert name of language} is provided as a service by the Planning Department and does not grant any additional rights or extend any time limits provided by applicable law. " The Department shall maintain a Dedicated Telephone Number for each Language ofLimited English Proficient Residents. The Department shall place a return telephone call by the end of the follmving business day to each person who leaves a message concerning a neighborhood notice at a Dedicated Telephone 11lumber, and when the caller is reached, provide information to the caller about the notice in the language spoken by the caller. SEC. 311. RES!DENTL4L PERMIT REVIEW PROCEDURES FOR RH, RA{, A1VD RTO DISTRICTS. (a) Purpose. The purpose of this Section is to establish procedures for reviewing building permit applications for lots in R Districts in order 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. (b) Applicability. Except as indicated herein, all building permit applications in Residential, NC, NCT, and Eastern Neighborhoods Districts for a change of use,· establishment of a Micro Wireless Telecommunications Services Facility,· establishment ofa Formula Retail Use,· demolition,. and/or new construction,--an-t#or alteration of residential buildings; and including the removal of an authorized or unauthorized residential unit, in RH, RA1, andRTO Districts shall be subject to the notification and review procedures required by this Section 311. Subsection 311 (e) regarding demolition permits and approval of replacement structures shall apply to all R Districts. In addition, all building permit applications that would establish Cannabis Retail or Medical Cannabis Dispensary Uses, regardless of zoning district, shall be sub;ect to the review procedures required by Mayor Breed BOARD OF SUPERVISORS Page 40 this Section 311. Notwithstanding the foregoing or any other requirement of this Section 311, a change of use to a Child Care Facility, as defined in Section 102, shall not be sub;ect to the review requirements ofthis Section 311. (1) Change of Use. For the purposes of this Section 311, a change of use is defined as .follows: (A) Residential, NC and NCT Districts. For all Residential, NC, and NCT Districts, a change of use is defined as a change to, or the addition al any of the following land uses as defined in Section 102 of this Code: Adult Business, Bar, Cannabis Retail, General Entertainment, Group Housing, Limited Restaurant, Liquor Store, Massage Establishment, Medical Cannabis Dispensary, Nighttime Entertainment, Outdoor Activity Area. Post-Secondary Educational Institution, Private Community Facility, Public Community Facility, Religious Institution, Residential Care Facility, Restaurant, School, Tobacco Paraphernalia Establishment, Trade School, and Wireless Telecommunications Facility. A change of use from a Restaurant to a Limited-Restaurant shall not be subject to the provisions of this Section 311. Any accessory massage use in .the Ocean Avenue Neighborhood Commercial Transit District shall be subject to the provisions of this Section 311. (B) Eastern Neighborhood Districts. In all Eastern Neighborhood Districts a change of use shall be defined as a change in, or addition al a new land use category. A "land use category" shall mean those categories used to organize the individual land uses that appear in the use tables, immediately preceding a group o{individual land uses, including but not limited to the following: Residential Use,· Institutional Use,· Retail Sales and Service Use: Assembly, Recreation, Arts and Entertainment Use,· Office Use,· Live/ Work Units Use: Motor Vehicle Services Use,· Vehicle Parking Use: Industrial Use,· Home and Business Service Use,· or Other Use. (2.l) Alterations. For the purposes of this Section, an alteration in RHandRA1 Districts shall be defined as an increase to the exterior dimensions of a building except those features Mayor Breed BOARD OF SUPERVISORS Page 41 listed in Section J 36{c)(I) through Section 136(c)(24) and I 36(c)(26). in districts 1..vhere those sections apply where the existing structure has not been expanded in the prior 3 years. £mY change in Hse, In addition, an alteration in RR RM and RTO Districts shall also include the removal of more than 75% percent of a residential building's existing interior wall framing or the removal of more than 75% percent of the area of the existing framing,.., or an increase to the exterior dimensions afa residential bHilding except th.ose featbtres listed in Section 136(c)(l) th.roHgh. 136(c)(24) and 136(c)(26). Notvv"ithstanding th.e foregoing or any other reqHirement of this Section 311, a change o}Hse to a Child Care Facility, as defi,qed in Section 102, shall not be sHb:fect to the notification requirements of this Sectio,q 311. (2) For the purposes of this Section, an alteration in RTO Districts shall be defined as a change a/use described in Section 312(c), removal ofmore than 75percent afa bbtilding's existing interior ·wallframing or the removal of more than 75 percent of the area of the existing.framing, or an increase to the exterior dimensions afa bbtilding except those features listed in Section 136(c)(l) throHgh 136(c)(24) and 136(c)(26). }lotwithstanding the foregoing or any other requirement of this Section 311, a change of use to a Child Care Facility, as defined in Section 102, shall not be subject to the notification reqHirements a/th.is Section 311 (3) Micro Wireless Telecommunications Services Facilities. Building permit applications for the establishment of a Micro Wireless Telecommunications Services Facility, other than a Temporary Wireless Telecommunications Services Facility, shall be sub;ect to the review procedures required by this Section. Pursuant to Section 205. 2, applications for Temporary Wireless Telecommunications Facilities to be operated for commercial purposes for more than 90 days shall also be sub;ect to the review procedures required by this Section. (c) Building Permit Application Review for Compliance andl'lotification. 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 Mayor Breed BOARD OF SUPERVISORS Page 42 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) Residential Design Guidelines. The construction of new residential buildings and alteration of existing residential buildings in R Districts 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 residential building or proposed alteration of an existing residential building in order to bring it into conformity with the "Residential Design Guidelines" and with the General Plan 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 o(Residential Units. When removal or elimination o(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 Mayor Breed BOARD OF SUPERVISORS Page 43 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 Zoning Administrator, the Board of Supervisors or the Board of Appeals. Section 333 of this Code. 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 m any R District of an historic or architecturally important building or of a dwelling shall not be approved and issued until the City has granted final approval ofa buildingpermit 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 ifthe 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 · architecturally important buildings, may be approved administratively when the Director of the Department of Building Inspection, the Chief oft he 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 oft he Department of Building Inspection determines that demolition or extensive alteration of the structure is the only feasible means to secure the public (Jef) Notification. Upon determination that an application is in compliance with the development standards of the Planning Code, the Planning Department shall provide notice of the proposed project pursuant to the requirements of Section 333 of this Code 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 Mayor Breed BOARD OF SUPERVISORS Page 44 . 6 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 notification 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. (A~) 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. (B~) The latest City-wide Assessor's roll for names and addresses of owners shall be used for said notice. (~) The Planning Department shall maintain a list, available for public review, of neighborhood organizations WRtSA- that have indicated in writing an interest in specific properties or areas. +l=le Such organizations having indicated an interest in the subject lot or its area 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 Mayor Breed BOARD OF SUPERVISORS Page 45 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. (J~) Notification Period. All building permit 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. (4§) Elimination of Duplicate Notice. The notice provisions of this Section may be waived by the Zoning Administrator for building permit 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 building permit application is required is both substantially included in the hearing notice and is the subject of the hearing. (eZ) 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, number 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. Mayor Breed BOARD OF SUPERVISORS Page 46 {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 building permit 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 drawings 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 Mayor Breed BOARD OF SUPERVISORS Page 47 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. Mayor Breed BOARD OF SUPERVISORS Page 48 (dg_) Requests for Planning Commission Review. A request for the Planning Commission to exercise its discretionary review powers over a specific building permit 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 under in this Section 311 Subsection (c)(3) above, subject to guidelines adopted by the Planning Commission. The project sponsor of a building permit 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 requests for discretionary review by the Planning Commission within a reasonable period. (2) Notice. Mailed notice of the discretionary review hearing by the Planning Commission shall be given pursuant to the requirements of Section 333 of this Code. this Section 311 . not less than 10 days prior to the date of the hearing to the notification group as described in Paragraph 311 (c)(2) above. Posted notice ofthe hearing shall be made as provided under Planning Code Section 306. 8. (e) Demolition ofDwellings, Approval ofRepl£tcement Structure Required Unless the building is determined to pose a serious and imminent hazard as defined in the Building Code an application authorizing demolition in any R District ofan historic or architecturally important building or ofa drvelling shall not be approved and issued until the City has grantedfinal approval ofa building permit for construction of the replacement building. A building permit is finally apprO'c1ed if the Board o.fAppeals 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 tl1:e Board has lapsed with no appeal Mayor Breed BOARD OF SUPERVISORS Page 49 (1) The demolition o.fany bbtilding whether or not historically and architecturally important may be approved administratively ',vhere the Director of the Department of Building Inspection or the Chi&fof the Bbtreau of F'ire Prevention and Atblic Safety determines, Gjter consultation with the Zoning Administrator, that an imminent sGjety hazard exists, and the Director of the Department o}Bbtilding Inspection determines that demolition or extensive alteration of the str'btCt'btre is the only feasible means to sec'btre the public safety (f) ll{icrfJ Wireless TelecfJmmunicatifJns &rvices Facilities, 1V-etificatifJn and Review Required. Bbtildingpermit applications for nev,i constr'btction ofa A1icro Wireless Telecommunications Services Facility, other than a Temporary Wireless Teleconun'bt11ications Services Facility, 'binder Article 2 ofthe Planning Code in RHandR,\1Districts shall be S'btbject to the notification and reviev,1 procedw-es req'btired by this Section. Pw-suant to Section 205. 2, applications for b'btilding permits in excess of90 days for Temporary Wireless Telecommw1ications Facilities to be operated for commercial pbtrposes in RH, R}J, and RTO Districts shall also be s'btbject to the notification and revieH' procedures req'btired by this Sectio11. (g) Renwval ~}Residential Units. When removal or elimination (}fa residential 'btnit is proposed, the Applicant shallpr01,1ide notice to occbtpants of the s'btbjectproperty by complying ,vith the follmving notification procedures (1) The Applicant shall provide a list of all existing residential 'btnits in the subject property to the Zoning Administrator, incl'btding tlwse 'btnits that may be 'btlW'btt"zorized residential 'btnits. (2) The Applicant shall post a notice (}ft,Lze application at least 30 i11ches by 30 inches in a conspirno'bts common area of the s'btbjectproperty, wit,'1 the content as described in &bsections (c)(5)~4) (D) above, and incl'btding the phone number~ of the agencies to contact regarding building permit iss'btance and appeal. The sign shall also indicate the appropriate City agency or resource to contact for assistance in sec'btring tenant counseling or legal services that can provide assistance to tenants with understanding andparticipating in t,"ze City's processes. The sign shall be posted no later Mayor Breed BOARD OF SUPERVISORS Page 50 than the start date (jf the notice required under Subsection (c-d) (51) and shall remain posted until the conclusion (}Jany hearings on the permit before the Pla,ming Commission, the Zoning Administrator, the Board (}}Supervisors or the Board ofAppeals. Such notice shall also include contact iriformation for translation services into Spanish, Chinese, and Russian. (3) The Planning Department shall cause notice to be mailed to all residential units in the building, including any unauthorized residential units. (1) !fan application proposes the kind (}}work set forth in Section 311 (b) above, the Applicant shall comply ,vith the no#fication requirements set forth in Section 3 J 1 (cd) above, in addition to the on site notification requirements set forth in this Section 311 (g), but this Section 311 (g) shall not require compliance 'rvith such notification requirements if they are otherwise not required. SEC. 312. PERAIITREVIEWPROCEDURES FOR ALL 1VCAJVD EASTERN NEIGHBORHOODS AIIXED USE DISTRICTSAJVD ll()R CAJVNABIS RETAIL AlVD AIEDICAL G41VNABJS DISPE1VSARY USES I1VALL NON RESIDENTL4L Z01VING DISTRICTS. (a) Purpose. The purpose (}}this Section is to establish procedures for reviewing building permit applications for lots in 1'/C and Eastern }1/eighborhoods 1\/ixed Use Districts and for proposed Cannabis Retail and }.1edical Cannabis Dispensary Uses in C, PDR, A{, and }.fixed Use Districts, in order to determine compatibility (jfthe proposal ',vith the neighborhood and for providing notice to property owners, occHpants a,qd residents on tlw site and neighboring the site of the proposedproject and to interested neighborhood organizations, so that concerns about a project may be identified and resobed ditring the review of the permit (b) Applicability. Except as indicated herein, all building permit applications for demolition, new construction, the removal of an authorized or unauthorized Dwelling UH it, changes in use to a F'ormula Retail use as defined in Section 303.1 o.fthis Code, alterations that expand the exterior dimensions (}fa Mayor Breed BOARD OF SUPERVISORS Page 51 building, and all buildingpermit applications for proposed Cannabis Retail or A1edical Cannabis Dipsensary Uses shall be subject to the notification and review procedures required by subsection 312(d). Subsection 312(/) regarding demolition permits and apprmal (}}replacement structures shall apply to all l'IC and Eastern l'!eighborhoods Afixed Use Districts. For the purposes (}}this Section, addition to a building ofthefeatures listed in Section 136(c)(l) through 136(c)(24) a,~d 136(c)(26) shall not be subject to notification under this Section. (c) Changes of Use (1) 1VC Districts. In l'IC Districts, all building permit applications fer a change (}}use to, or the establishment (}f, the follm~·ing uses shall be su&ject to the provisions (}}subsection 312(d) except as stated below: Adult Business Bar Cannabis Retail General Entertainment GroHp Housing Limited Restaurant Liquor Store 1\/assage Establishment 1\!edical Cannabis Dispensary Nighttime Entertainment Outdoor Activity Area Post Secondary Educational Institution Pri11ate Community Facility Public Community Facility Religious Institution Mayor Breed BOARD OF SUPERVISORS Page 52 Residential Care Facility Restaurant School Tobacco Paraphernalia Establishment Trade School Hmvever, a change of use from a Restaurant to a Limited Restaurant shall not be subject to the provisions ofsubsection 312(d). In addition, m?y accessory massage use in tlw Ocean A 1venue Neighborhood Commercial Transit District shall be subject to the provisions ofsubsection 312(d). (2) Eastern Neighborhoods Dish'icts. In all Eastern I'>l-eighborhoods A1ixed Use Districts all building permit applications for a change of use from any one land use category to another land use category, including but not limited to applications for a change of use to or for the establishment ofa new Cannabis Retail or },fedical Cannabis Dispensary Use shall be su&ject to the provisions of· subsection 312(d). For the purposes of this subsection (c), "land use category" shall mean #wse categories used to organize the individual land uses which appear in the use tables in Article 8, immediately preceding a group of individual land uses, includi1qg but not limited to tlw following: Residential Use; Institutional Use; Retail Sales and Service Use; Assembly, Recreation, Arts and Entertainment Use,· Office Use; Live-/W-0rk Units Use ,· A1otor Vehicle Services Use ,· Vehicle Parking Use; Industrial Use,· Home and Business Service Use,· or Other Use. (3) C, PDR, A{, and A{ixed Use Districts. In C, PDR, },1, and }.fixed Use Districts, all building permit applications for a change of use to or the establishment ofa Cannabis Retail or }.1edical Carmabis Dispensary Use shall be subject to the provisions ofsubsection 312(d). (d) Building .Permit Applicatim1 Review fnr Compliance and ,7\/rJtification. Up01q acceptance of any application subject to this Section, the Planning Department shall revievv' the proposedproject for compliance with the Planning Code and any applicable design guidelines apprmed by the Planning Commission. Applications determined not to be in compliance with the standards ofArticles 1. 2, 1. 5, 2 Mayor Breed BOARD OF SUPERVISORS Page 53 and 2. 5 &/the Planning Code, inclbtding design gbtidelines for specific areas adopted by the Planning Commission, or with any applicable conditions ofpre';iobts approvals regarding the pr&ject, shall be held btntil either the application is determined to be in compliance, is disapproved or a recommendation for cancellation is sent to the Department o.{Bbtilding Inspection. (1) Neighborlwod Commercial Design Guidelines. The constrbtction &j ne,~· bbtildings and alteration of existing bbtildings in }IC Districts shall be consistent with the design policies and gbtidelines ofthe General Plan as adopted andperiodically ame1qdedfor specific areas or conditions by the Pla,ming Commission. The Director o.f:Pla,milqg may reqbtire modifications to the exterior ofa proposed new building or proposed alteration a.fan existing bbtilding in order to bring it into conformity with the Ge1qeral Plan. These modifications may inclbtde, bbtt are not limited to, changes in siting, building envelope, scale texture and detaili,qg, openings, and landscaping. (2) 1\/etijieation. 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 pbtrsuant to rbtles established by the Zoning Administrator and shall cabtse a written notice describing the proposedproject to be sent in tlw manner described below. This notice shall be in addition to any notices reqbtired by the Bbtilding Code and shall have a format and content determined by the Zoning Administrator. It shall inclbtde a description of the proposal compared to any existing improvements on the site with dimensions of the basic featbtres, elevations and site plan of the proposedproject inclbtding the position &Jany adjacent bbtildings, exterior dimensions andfinishes, a graphic rc,ference scale, existing andproposed btses and commercial or institutional business name, if known. The notice shall describe the project revie)v process and shall set forth the mailing date &j tlw notice and the expiration date of the notification period Written notice shall be mailed to the notification group which shall inclbtde the project sponsor, tenants &jthe sbt&jectproperty, relevant neighborhood organizations as described in Sbtbparagraph 312(d)(2)(C) below, all i1qdividbtals having made a written request.for notification/or a specific parcel Mayor Breed BOARD OF SUPERVISORS Page 54 or parcels and all owners a,qd, to the extmtpractical, occupants, &}properties in the notificatio,q area. For the purposes ofSection 312(h) below, 1,1iritten notice shall also be mailed to tenants of the subject property in unauthorized residential units. ~4) The notification area shall be all properties within 150 feet &jthe su&ject lot in the same Assessor's Block and on the block face acrossfrom the su&ject lot. When the subject lot is a comer lot, the notification area shall farther include allproperty on both block feces acrossfrom the su&ject lot, and the corner property diagonally across the street. (B) The latest City wide Assessor's roll for names and addresses of mvners shall be used for said notice. (C) The Planning Department shall maintain a list, updated every six month.s with current contact information, available for public re,;,1iew, and kept at the Planning Department's Planning Information Counter, and reception desk, as ·well as the Department &}Building Inspection's Building Permit Counter, &}neighborhood organizations ·which have indicated an interest in specific properties or areas. The organizations having indicated an interest in the subject lot or its area shall be included in the notification group for the proposedproject. Notice to these groups shall be verified by a declaration of mailing signed under penalty &}perjury. In the event that such an organization is not included in the notification group for a proposedproject as required under this subsection, the proposedproject must be re noticed (3) Notification Peried. All bvtildingpermit applications shall be held for a period &}30 calendar days from the date &jthe mailed notice to allmv revie,v by residents, occupants, owners o.fneighboring properties and by neighborhood groups. (4) Eliminatien o_{Duplieate Notice. The notice pro-visions of this Section may be waived by the Zoning Administrator for building permit applications for projects that have been, or before approval will be, the subject &fa duly noticedpublic hearing before the Planning Commissio,q or Zoning Mayor Breed BOARD OF SUPERVISORS Page 55 Administrator, pro·.:ided that the nature &fv,·orkfor ·,vhich the buildingpermit application is required is both substantially included in the hearing notice and is the subject &f the hearing. (e) Requests for Planning Commission Revie,v. A request for the Planning Commission to exercise its discretionary review powers o·,;er a specific building permit application shall be considered by tlw Planning Commission ifreceived by the Planning Department no later than 5:00p.m. &fthe last day &f the notification period as described under Subsection (d)(3) above, subject to guidelines adopted by the Planning Commission. The project sponsor &fa building permit application may request discretionary revie1+1 by the Planning Commission to resolve conflicts between the Director of Planning and the project sponsor concerning requested modifications to comply with rele·,;ant design guidelines &fthe General Plan. (I) Scheduling ~fHe£1:ring. The Zoning Administrator shall set a time for hearing requests for discretionary revie,v by the Planning Commission ,,vithin a reasonable period. (2) lV-otice. A/ailed notice of the discretionary review hearing by the Planning Commission shall be given not less than IO days prior to th.e date &f the hearing to the notification group as described in Paragraph 312(d)(2) above. Posted notice ofthe hearing shall be made as provided under Planning Code Section 306. 8. (f) Demolitifln ~}Dwellings, Approval ofReplacement Structure Required. Unless the building is determined to pose a serious and imminent hazard as defined in the Building Code an application authorizing demolition in any ]VG or Eastern l'leighborhoods }.1ixed Use District of an historic or architecturally important building or &fa dwelling shall not be approved and issued until the City has grantedfinal approval &fa building permit for construction of the replacement building. A building permit isfinally approved ifthe Board a/Appeals has takenjinal acti01qfor approval on an appeal &j the issuance or denial of the permit or if the permit has been issued and the time for filing an appeal ·,vith the Board has lapsed 11,•ith no appealjiled. Mayor Breed BOARD OF SUPERVISORS Page 56 The demolition o.fany building :whether or not historically and architecturally important may be approved administratively where the Director of the Department &}Building Inspection or the Chief af the Bureau &}Fire Prevention and Public Safety determines, after consultation ,vith the Zoning Administrator, that an imminent safety hazard exists, and the Director of the Department ofBuilding Inspection determines that demolition or extensive alteration &j the structure is the only feasible means to secure the public safety (g) A{icro Wireless Telecommunications Services ... Vacilities, 1Votification and Review Required. Building permit applications for neH' construction a.fa ,\!icro Wireless Telecommunications Services Facility under Article 7 or 8 of the Planning Code in all ,VG or Eastern 1'/eighborhoods ,\fixed Use Districts shall be su&ject to the notification and review procedures required by this Section. Pursuant to Section 205.2, applications for buildingpermits in excess of90 days for Temporary Wireless Telecommunications Facilities to be operated for commercialpurposes in ]'IC and Eastern Neighborhood A1ixed Use Districts shall also be su&ject to the notification and review procedures required by this Section. (h) Removal e_;€Residential Units. When removal or elimination ofa residential unit is proposed, the Applicant shall comply with the follmving notification procedures. (1) The Applicant shall provide a list &fall residential units in the subject property to the Zoning Administrator, including those units that may be unauthorized residential units. (2) The Applicant shall post a notice o_fthe application at least 30 inches by 30 inches in a conspicuous common area afthe subfectproperty, ·with the content as described in Subsection (d)(2) above, and including the phone numbers &jthe agencies to contact regarding building permit issuance and appeal. The sign shall also indicate the appropriate City agency or resource to contact for assistance in securing tenant counseling or legal services that can provide assistance to tenants with: understanding andparticipating in the City's processes. The sign shall be posted no later than the mailing date af the notice required under Subsection (d) (2) above and shall remain posted until the Mayor Breed BOARD OF SUPERVISORS Page 57 conclusion of any heari1qgs on the permit before the Planning Commission, the Zoning Administrator, the Board ofSupenisors or the Board ofAppeals. Such notice shall also include contact information for translation services into Spanish, Chinese, and Russian. (3) The Planning Department shall ca-use notice to be mailed to all residential units in the building, including any unauthorized residential units. (4) !fan application proposes the kind afv,iork set forth in Section 312(b) above, the Applicant shall comply with the notification requirements set forth in Section 312(d) above, in addition to the on site notification requirements set forth in this Section 312(h), but th.is Section 312(h) shall not require compliance ·with such notification requirements if they are otherwise not reqidred. SEC. 317. LOSS OF RESIDENTIAL AND UNAUTHORIZED UNITS THROUGH DEMOLITION, MERGER AND CONVERSION. * * * * (h) Notice of Conditional Use Hearing. At least twenty days prior to For any hearing to consider a Conditional Use authorization required under S~ubsections (g)(2), (g)(3)-, (g)(4), or (g)(5), the Zoning Administrator shall cause a ·written provide notice as required by Section 333 of this Code containing the follmving information to be mailed to all Residential Units and ifknmvn any Unauthorized Units in the building, including an explanation of the process for demolishing, merging, or converting Residential Units or Unauthorized Units, and including a description of subsequent permits that would be required from the Planning Department and Department of Building Inspection and how they could be appealed, in addition to any other notice required under this Code.) (1) Notice of the time, place, andpwpose af the hearing; and Mayor Breed BOARD OF SUPERVISORS Page 58 (2) An explanation of the process for demolishing, merging, or converting Residential Units or Unautlwrized Units, including a description ofsubsequentpermits that ve1ould be required from the Planning Departme1qt and Department &}Building Inspection and hm1,· they could be appealed * * * * SEC. 329. LARGE PROJECT AUTHORIZATION IN EASTERN NEIGHBORHOODS MIXED USE DISTRICTS. * * * * (e) Hearing and Decision. (1) Hearing. The Planning Commission shall hold a public hearing for all projects that are subject to this Section. (2) Notice of Hearing. Notice of such hearing shall be provided as required by Section 333 of this Code. pursuant to the same requirements for Conditional Use requests, as set forth in Section 306. 3 and 306. 8. (3) Director's Recommendations on Modifications and Exceptions. At the hearing, the Planning Director shall review for the Commission key issues related to the project based on the review of the project pursuant to Subsection (c) and recommend to the Commission modifications, if any, to the project and conditions for approval as necessary. The Director shall also make recommendations to the Commission on any proposed exceptions pursuant to Subsection (d). (4) Decision and Imposition of Conditions. The Commission, after public hearing and, after making appropriate findings, may approve, disapprove or approve subject to conditions, the project and any associated requests for exception. As part of its review and decision, the Planning Commission may impose additional conditions, requirements, Mayor Breed BOARD OF SUPERVISORS Page 59 modifications, and limitations on a proposed project in order to achieve the objectives, policies, and intent of the General Plan or of this Code. (5) Appeal. The decision of the Planning Commission may be appealed to the Board of Appeals by any person aggrieved within 15 days after the date of the decision by filing a written notice of appeal with that body, setting forth wherein it is alleged that there was an error in the interpretation of the provisions of this Code or abuse of discretion on the part of the Planning Commission. (6) Discretionary Review. No requests for discretionary review shall be accepted by the Planning Department or heard by the Planning Commission for projects subject to this Section. (7) Change of Conditions. Once a project is approved, authorization of a change in any condition previously imposed by the Planning Commission shall require approval by the Planning Commission subject to the procedures set forth in this Section. SEC. 330.7. PUBLIC NOTICE. In addition to the notice standards of Sections 306 through 306.5 in this Code, and any other notice requirement by the Building Code or any other notice required by the Municipal Code, the Zoning Administrator shall mail notice provide notice of a Coastal Zone Permit Application as required by Section 333 of this Code. to residents ·within 100 feet afthe subject property, and mail notice to any person or grobtJJ ·who specifically requests notice. The notice shall identify th.e nature af the praject, its location within the coastal zone, the time and date of hearing if any, and appeal procedures SEC. 333. PUBLIC NOTIFICATION PROCEDURES Mayor Breed BOARD OF SUPERVISORS Page 60 (a) Purpose. The purpose ofthis section is to establish procedures for all public notifications required by this Code, except for those requirements set forth in Section 311~ (b) Applicability. The requirements of this Section 333 shall apply to any hearing before the Planning Commission. Historic Preservation Commission and/or the Zoning Administrator for which public notice is required in this Code. except that the requirements set forth in Section 311 shall be applicable to certain applications as set forth in Section 311 . The Zoning Administrator shall determine the means of delivering all forms ofpublic notice. in a manner consistent with the Planning Commission's policy on notificationLpursuant to this Code, provided that the requirements ofthis Section 333 are satisfied. (c) Notification Period. For the purposes of this section 333, the Notification Period shall mean no fewer than 20 calendar days prior to the date of the hearing, or in the case of a Building Permit Application a period ofno fewer than 20 calendar days prior to any Planning Department approval ofthe application. (d) Content of Notice. (1) All notices provided pursuant to this section 333 shall have a format and content determined by the Zoning Administrator. and shall at a minimum include the following: (A) the address and block/lot number(s) of the subiect pro;ect,· and (B) the Planning Department case number or Building Permit Application number. as applicable. for the subiect pro;ect.· and (C) the basic details ofthe pro;ect. including whether the project is a demolition, new construction, alteration, or change of use,· and basic details comparing the existing and proposed conditions at the property including building height, number of stories. dwelling unit count. number of parking spaces. and the use ofthe building.· and (D) instructions on how to access the online notice and plan sets for the pro;ect, including how to obtain paper copies of the plan sets, and additional information as follmvs: Mayor Breed BOARD OF SUPERVISORS Page 61 (i) for Building Permit Applications subject to section 311 of this Code: the beginning and end dates of the notification period along 1.vith instructions on how to contact the project planner, and for hmN to file an application for Discretionary Review; and contact information for the appropriate City agency or resource to contact for assistance in securing tenant counseling or legal services, as applicable; or --f»t for any public hearings required by the Planning Code and for which public notification is required for a development application: the date. time and location of the hearing.· instructions for how to submit comments on the proposed pro;ect to the hearing body.· and an explanation as to why the hearing is required. .Q2.._Multiple Language Requirement Language Access~ {&_All forms of public notice provided pursuant to this Section 333 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._Definitions. The follovving definitions shall apply for the purposes of this Ssubsection: (i) Dedicated Telephone Number means a telephone number for a recorded message in a Language of Limited English Proficient Residents. The recorded message shall advise callers as to what information they should leave on the message machine so that the Department may return the call with information about the notice in the requested language. (ii) Language of Limited English Proficient Residents means each of the two languages other than English spoken most commonly by San Francisco residents of limited English proficiency as determined by the Planning Department based on its annual Mayor Breed BOARD OF SUPERVISORS Page 62 revievv of United States census and other data as required by San Francisco Administrative Code Section 91.2. {Jl1_ The notices required by this Section 333 shall contain the information set forth in Section 333(d)(1) in the languages spoken by a Substantial Number of Limited English Speaking Persons. as defined in Administrative Code Chapter 91. All forms of required notice established in this sSection 333 shall include a statement, provided in each Language of Limited English Proficient Residents and, to the extent available Department resources allovv, such other languages that the Department determines desirable, providing a Dedicated Telephone Number at \Nhich information about the notice may be obtained in the language in question. The Department shall maintain a Dedicated Telephone Number for each Language of Limited English Proficient Residents. The Department shall place a return telephone call by the end of the following business day to each person 111ho leaves a message, and 1..vhen the caller is reached, provide information to the caller about the notice in the language spoken by the caller. (e) Required Notices. Except as provided in subsection 333({) belmv. all notices provided pursuant to this section 333 shall be provided in the following formats: (]) Posted Notice. A poster or posters with minimum dimensions of] 1 x 17 inches, including the content set forth in subsection 333 (d) above. shall be placed by the project applicant at the subject property and (or the entire duration of the Notification Period as set forth herein. This notice shall be in addition to any notices required by the Building Code, other City codes or State law. One poster shall be required for each full 25 feet of each street frontage oft he subject property. For example, 2 posters would be required for a 50 foot street frontage,· 3 posters would be required for either a 75 foot frontage or a 99 foot frontage. Multiple posters shall be spread along the subject street frontage as regularly as possible. All required posters shall be placed as near to the street frontage of the property as possible, in a manner to be determined by the Zoning Administrator that is visible and Mayor Breed BOARD OF SUPERVISORS Page 63 legible from the sidewalk or nearest public right-of way. The requirements of this Subsection 333(e)(l) may be modified upon a determination by the Zoning Administrator that a different location for the sign would provide better notice or that physical conditions make this requirement impossible or impractical, in which case the sign shall be posted as directed by the Zoning Administrator. (2) Mailed Notice. Written notice with minimum dimensions of 4 1 /4 x 6 5-1 /2 x 8-1 /2 inches, including the contents set forth in subsection 333(d), shall be mailed to all ofthe following recipients in a timely manner pursuant to the Notification Period established herein: (A) Neighborhood organizations that have registered with the Planning Department, to be included in a list that shall be maintained by the Planning Department and available _for public review for the purpose of notifying such organizations of hearings and applications in specific areas,· and (B) Individuals who have made a specific written request for to be notified of hearings and applications at a sub;ect lot; and (C) All owners and, to the extent practicable. occupants of properties. within no less than 150 feet of the sub;ect property, including the owner(s) and occupant(s) of the subiect property, including any occupants of unauthorized dwelling units. Names and addresses ofproperty owners shall be taken from the latest Citywide Assessor's Roll. Failure to send notice by mail to any such property owner where the address of such owner is not shown on such assessment roll shall not invalidate any proceedings in connection with such action. The Zoning Administrator shall determine the appropriate methodology for satisfying this requirement. If applicable State law requires notice to be provided in a different manner, such notice will be provided consistent with applicable State requirements. (3) 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: Mayor Breed BOARD OF SUPERVISORS Page 64 (A) A digital copy formatted to print on I I x I 7 inch paper of the posted notice including the contents set forth in subsection 333(d) for the hearing or application.· and (B) Digital copies of any architectural and/or site plans that are scaled and .formatted to print on I Ix I 7 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 sub;ect property. the existing and proposed conditions in relationship to ad;acent properties, and that may include a site plan, floor plans. and elevations documenting dimensional changes required to describe the proposal. m Notice of Hearings for Legislative Actions. Notwithstanding the foregoing. for all hearings required for consideration oflegislation. including but not limited to a Planning Code Amendment. Zoning Map Amendment. General Plan Amendment. or Interim Zoning Controls. an online notice shall be provided for the entire duration of the Notification Period established herein on a publicly accessible website that is maintained by the Planning Department, and shall include the date, time, and location of the hearing; the case number for the sub;ect action,· a general description of the sub;ect and purpose ofthe hearing,· and instructions for how to contact the planner assigned to the case and provide comment to the hearing body. For any legislative proposal to reclassify property through a Zoning Map Amendment, or to establish Interim Zoning Controls, ifthe area to be reclassified or the area in which the interim controls are applicable is 30 acres or less in total area, excluding the area of public streets and alleys, the information specified in this ~subsection (f) shall be provided in a mailed notice consistent with the requirements o(subsection 333(d) above, and the notices shall also include a map or general description ofthe area proposed for reclassification or action. For any legislative proposal to reclassify property through a Zoning Map Amendment, ifthe area to be reclassified comprises a single development lot or site, the required information shall also be provided in a posted notice consistent with the requirements of subsection 333(d) above'- Mayor Breed BOARD OF SUPERVISORS Page 65 (g) Elimination of Duplicate Notice. The notice provisions of this Section may be waived by the Zoning Administrator for applications that have been, or prior to any approval will be, the sub;ect ofan otherwise duly noticed public hearing before the Planning Commission or Zoning Administrator, provided that the nature of work for which the application is required is both substantially included in the hearing notice and was the subject of the hearing. (h) Newspaper Notice. If newspaper notice is required by applicable State law, the City shall provide such newspaper notice. SEC. 1006.3. SCHEDULING AND NOTICE OF HEARING. (a) If a public hearing before the HPC on a Certificate of Appropriateness is required, a timely appeal has been made of an Administrative Certificate of Appropriateness, or the HPC has timely requested review of an Administrative Certificate of Appropriateness, the Department shall set a time and place for said hearing within a reasonable period. Notice of the time, place and purpose of the hearing shall be given provided as required by Section 333 of this Code. by the Department as follmvs: (1) By mail to the applicant not less than 20 days prior to the date of the hearing; (2) By mail to any interestedparties who so request in 1rvriting to the Department; (3) For landmark sites: by mail not less than 20 days prior to the date of th.e hearilqg to all owners and occblf)ants o_fthe subject property and owners and occblf)ants ofproperties within 150 feet of the subjectproperty; (4) For buildings located in historic districts: by mail not less than 20 days prior to the date of the hearing to all owners and occupants of the su&jectproperty, all mvners ofproperties within 300 feet of the subject property, and all occupa1qts ofproperties ·within 150 feet of the su&jectproperty. Mayor Breed BOARD OF SUPERVISORS Page 66 (5) By posting notice on the site not less than 20 days prior to tlw date of the hearing; and (6) Such other notice as the Department deems appropriate. (b) F'or the purposes of mailed notice, the latest cityvv"ide assessment roll tor names and addresses of owners shall be used, and all (}jforts shall be made to the extent practical, to notif)1 occupants of properties in the notification area. F'ailure to send notice by mail to any such property mmer 'el>'here the address ofsuch owner is not shm1 1n on such assessment roll shall not inYalidate any proceedings in connection 'rVith such action SEC. 1111.4. SCHEDULING AND NOTICE OF HISTORIC PRESERVATION COMMISSION HEARINGS. (a) If a public hearing before the HPC is required under this Section 1111, the Department shall set a time and place for the hearing within a reasonable period. Notice of the time, place, andpurpose of the hearing shall be given by the Department provided as required in Section 333 of this Code. not less than 20 days prior to the date &}the hearing as follows: (1) By mail to the m1 1ner &jthe subjectproperty; (2) By mail to the applicant; (3) By mail to any interestedparties ·who make a request in ,vriting to the Department; (4) For applications for a building located in a Conservation District, by mail to the owners of all real property within 300 feet of the sub:Jectproperty; (5) For applications for a building not located in a Conservation District, by mail to the owners of all real property within 150 feet &jthe subject property; (6) By posting notice on the site; and (7) By any other means as the Department deems appropriate. Mayor Breed BOARD OF SUPERVISORS Page 67 (b) l'f-otice for HPC revie,v &jA1inor Permits to Alter. A hearing for the HPC to exercise its review powers O'rJer a A1inor Permit to Alter shall be noticed: (1) By mail not less than lO daysprior to the date afthe hearing to the applicant, all mmers within 150 feet &jthe subject property, as v,1ell as to any other interestedparties ,vho so request in v,riti1qg to the Department; and (2) By posted notice on the site not less than 10 days prior to the date of the hearing. Section 5. The Planning Code is hereby amended by revising Sections 1005, 1111 .1, and 1111.2 to read as follows: SEC. 1005. CONFORMITY AND PERMITS * * * * (e) After receiving a permit application from the Central Permit Bureau in accordance with the preceding subsection, the Department shall ascertain whether a Certificate of Appropriateness is required or has been approved for the work proposed in such permit application. If a Certificate of Appropriateness is required and has been issued, and if the permit application conforms to the work approved in the Certificate of Appropriateness, the permit application shall be processed without further reference to this Article 10. If a Certificate of Appropriateness is required and has not been issued, ft{ or if the permit application does not conform to what was approved, the permit application shall be disapproved or held by the Department until such time as conformity does exist either through modifications to the proposed work or through the issuance of an amended or new Certificate of Appropriateness. Notwithstanding the foregoing, in the following cases the Department shall process the permit application without further reference to this Article 10: Mayor Breed BOARD OF SUPERVISORS Page 68 (1) When the application is for a permit to construct on a landmark site where the landmark has been lawfully demolished and the site is not within a designated historic district; (2) When the application is for a permit to make interior alterations only on a privately-owned structure or on a publicly-owned structure, unless the designating ordinance requires review of such alterations to the privately- or publicly-owned structure pursuant to Section 1004(c) hereof. Notwithstanding the foregoing, if any proposed interior alteration requiring a permit would result in any significant visual or material impact to the exterior of the subject building, a Certificate of Appropriateness shall be required to address such exterior effects; (3) When the application is for a permit to do ordinary maintenance and repairs only. For the purpose of this Article 10, "ordinary maintenance and repairs" shall mean any work, the sole purpose and effect of which is to correct deterioration, decay or damage of existing materials, including repair of damage caused by fire or other disaster; (4) When the application is for a permit to maintain, repair, rehabilitate, or improve streets and sidewalks, including sidewalk widening, accessibility, and bulb-outs, unless such streets and sidewalks have been explicitly called out in a landmark's or district's designating ordinance as character defining features of the landmark or district-,:_ (5) When the application is for a permit to alter a landing or install a power-assist operator to provide an accessible entrance to a landmark or district, provided that the improvements conform to the requirements outlined in Section 1006. 6: (6) When the application is for a permit to install business signs or awnings as defined in Section 602 of this Code to a landmark or district, provided that signage, awnings, and transparency conform to the requirements outlined in Section 1006. 6,· Mayor Breed BOARD OF SUPERVISORS Page 69 (7) When the application is for a permit to install non-visible rooftop appurtenances to a landmark or district, provided that the improvements conform to the requirements outlined in Section 1006.6; or (8) When the application is for a permit to install non-visible, low-profile skylights. provided that the improvements conform to the requirements outlined in Section 1006. 6; or (9) When the application is for a permit to install a City-sponsored Landmark plaque to a landmark or district. provided that the improvements conform to the requirements outlined in Section 1006. 6 of this Code. * * * * SEC. 1111.1. DETERMINATION OF MINOR AND MAJOR ALTERATIONS. * * * * (c) All applications for a Permit to Alter that are not Minor Alterations delegated to Department staff shall be scheduled for a hearing by the HPC pursuant to the procedures in Section 1111.4 and 1111.5 below. Notwithstanding the foregoing. in the following cases the Department shall process the permit application without further reference to the Permit to Alter procedures outlined herein: (1) When the application is for a permit to make improvements to provide an accessible entrance to a Significant or Contributory building or any building within a Conservation District provided that the improvements conform to the requirements outlined in Section 1111. 6 of this Code.· (2) When the application is for a permit to install business signs to a Significant or Contributory building or any building within a Conservation District provided that signage and transparency conform to the requirements outlined in Section 1111. 6 ofthis Code.· or Mayor Breed BOARD OF SUPERVISORS Page 70 (3) When the application is for a permit to install non-visible rooftop appurtenances to a Significant or Contributory building or any building within a Conservation District provided that the improvements conform to the requirements outlined in Section 1111. 6 ofthis Code. SEC. 1111.2. SIGN PERMITS. (a) New general advertising signs are prohibited in any Conservation District or on any historic property regulated by this Article 11. (b) If a permit for a sign is required pursuant to Article 6 of this Code, the requirements of this Section shall apply to such permit in addition to those of Article 6. (c) In addition to the requirements of Article 6, an application for a business sign, general advertising sign, identifying sign, or nameplate to be located on a Significant or Contributory Building or any building in a Conservation District shall be subject to review by-the HP-G pursuant to the provisions of this Article. The HPC, or the Planning Department pursuant to Section 1111.1 ofthis Code, shall disapprove the application or approve it with modifications to conform to the requirements outlined in Section 1111. 6 of this Code, including if the proposed location, materials, typeset, size of lettering, means of illumination, method of replacement, or the attachment ',muld adversely affect so that the special architectural, historical or aesthetic significance of the subject building or the Conservation District are preserved. No application shall be denied on the basis of the content of the sign. Section 6. Planning Commission Policy Requiring Pre Application Meetings. This Section is uncodified. The Planning Commission shall adopt a policy to require a Pre Application meeting beti.veen the applicant and adjacent neighbors for all applications for worl< excepted from the definition of /\Iterations under Section 311 (b)(2) that include features Mayor Breed BOARD OF SUPERVISORS Page 71 described in Section 136(c)(25) before an application for the limited rear yard addition may be submitted. Section +-6. Effective Date. This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance. Section g Z. Operative Dates. (a) The Amendments contained in Sections 3 and 5 of this ordinance, including revisions to Planning Code Sections 206.4, 309, 315, 1005, 1111.1, and 1111.2; the addition of new Planning Code Section 315.1; and deletion of Planning Code Section 328, shall become operative on the Effective Date. (b) The Amendments contained in Section 4 of this ordinance, including amendments to Planning Code Sections 202.5, 302, 303, 303.1, 305.1, 306.3, 306.7, 306.8, 306.9, 311, 317, 329,330.7, 1006.3, and 1111.4, deletions of Planning Code Sections 306.10 and 312, and addition of new Planning Code Section 333, shall become operative on January 1, 2019. Section g f!. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, · numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal Code that are explicitly shown in this ordinance as additions, deletions, Board amendment II II II Mayor Breed BOARD OF SUPERVISORS Page 72 additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the ordinance. APPROVED AS TO FORM: DENNIS J. HERRERA City Attorney By: n:\legana\as2018\1800565\01288560.doc Mayor Breed BOARD OF SUPERVISORS Page 73 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 180423 Date Passed: July 17, 2018 Ordinance amending the Planning Code to streamline affordable housing project review by eliminating a Planning Commission Discretionary Review hearing for 100% affordable housing projects upon delegation by the Planning Commission; to provide for Planning Department review of large projects located in C-3 (Downtown Commercial) Districts and for certain minor alterations to Historical Landmarks and in Conservation Districts; to consolidate, standardize, and streamline notification requirements and procedures, including required newspaper notice, in Residential, Commercial, and Mixed-Use Districts; affirming the Planning Department's determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302. June 11, 2018 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE June 11, 2018 Land Use and Transportation Committee - RECOMMENDED AS AMENDED June 19, 2018 Board of Supervisors - CONTINUED ON FIRST READING Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang and Yee June 26, 2018 Board of Supervisors - AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang and Yee June 26, 2018 Board of Supervisors - PASSED ON FIRST READING AS AMENDED Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang and Yee July 10, 2018 Board of Supervisors - AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE Ayes: 11 - Cohen, Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang and Yee July 10, 2018 Board of Supervisors - PASSED ON FIRST READING AS AMENDED Ayes: 11 - Cohen, Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang and Yee July 17, 2018 Board of Supervisors - FINALLY PASSED City a11d Cou11ty of Sa11 Fra11cisco Ayes: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee Pagel Pri11ted (If 10: 33 am 011 7 /18/18 File No. 180423 City mu/ County of S,111 Francisco P"ge2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 7/17/2018 by the Board of Supervisors of the City and County of San Francisco. Angela Calvillo Clerk of the Board 6ate App~oved Printed "t 10:33 am on 7/18/18