306.8

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 apply to hearings before the Planning Commission or the Zoning Administrator (1) on an application for a conditional use or variance, (2) for every amendment to reclassify property initiated by application as permitted in Section 302(b) where the area sought to be reclassified is ½ acre or less (exclusive of streets, alleys and other public property) and where the applicant owns all or a portion of the property to be reclassified or is a resident or commercial lessee thereof, (3) for any permit application or project authorization application reviewed pursuant to Sections 309 or 322, and (4) for any application for a building or site permit authorizing a new building the consideration or approval of which is scheduled before the Planning Commission. This Section shall not apply to variance applications involving a less than 10 percent deviation as described in Section 305(c) or to hearings or actions relating to environmental review. (b) Signposting Requirements. Hearings that are required to be noticed pursuant to this section 306.8 shall provide notice pursuant to the requirements of Section 333 of this Code. (c) Notice of Reclassification by Zoning Administrator. The Zoning Administrator shall post signs providing notice of proposed reclassifications that are subject to this section pursuant to the requirements of Section 333 of this Code. (d) Declaration Required; Failure to Comply. The applicant, other than an applicant for a reclassification, shall submit at the time of the hearing a declaration signed under penalty of perjury stating that the applicant has complied with the provisions of this Section. If any person challenges the applicant's compliance with this Section, the Commission or, as to variance hearings the Zoning Administrator, shall determine whether the applicant has substantially complied and, if not, shall continue the hearing for that purpose. A challenge may be raised regarding compliance with the provisions of this Section by any person after the hearing by filing a written statement with the Zoning Administrator, or such challenge may be raised by the Zoning Administrator, but no challenge may be filed or raised later than 30 days following Commission action, or as to variance hearings 10 days following the decision. If no challenge is filed within the time required, it shall be deemed conclusive that the applicant complied with the provisions of this Section. If it is determined, after a hearing for which at least five days' notice has been given to the person filing the challenge and the applicant, that the applicant has not substantially complied with the provisions of this Section, the action of the Planning Commission or the Zoning Administrator shall be deemed invalid and the matter shall be rescheduled for hearing after the required notice has been given. Notwithstanding any other provision of this Section, an application may be denied if continuance or delay of action on the application would result in an application being deemed approved pursuant to Government Code Sections 65920 et seq. (e) Permission to Enter Property. Every person who has possession of property which is the subject of an application subject to this Section shall permit entry at a reasonable time to an applicant who is seeking entry in order to allow the posting of the sign required herein and no such person shall remove or cause the removal of such sign during the period of time that posing is required herein and without reasonable cause to believe that such removal is necessary in order to protect persons or property from injury. (f) Rights Affected. The requirements of this Section are not intended to give any right to any person to challenge in any administrative or judicial proceeding any action if such person would not otherwise have the legal right to do so. (Amended by Ord. 252-86, App. 6/27/86; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019) AMENDMENT HISTORY Nonsubstantive changes; Ord. 188-15 , Eff. 12/4/2015. Divisions (a) and (b) amended; divisions (b)(1)-(c)(iii) deleted; divisions (d)-(g) redesignated as (c)-(f); current division (c) amended; Ord. 179-18, Oper. 1/1/2019.

SEC. 306.9. NOTICE OF APPLICATIONS FOR BUILDING PERMITS FOR SUTRO TOWER. (a) Applicability. This section shall apply to all applications for building permits for work to be performed on the site of Sutro Tower. (b) Purpose. The purpose of this Section is to establish procedures for providing notice of applications for building permits for the Sutro Tower site to property owners neighboring the site and to interested neighborhood organizations so that concerns about the application may be identified and resolved during the review of the permit. (c) Notification. Upon determination that an application is in compliance with the requirements of the Planning Code, the Planning Department shall provide public notification pursuant to the requirements of Section 333 of this Code, except that no posted notice shall be required, and that the mailed notice shall be mailed to all owners and, to the extent practicable, occupants of properties within a 1,000 foot radius of the property line of the Sutro Tower site. This notice shall be in addition to any notices required by the Building Code and in addition to other requirements for notice provided elsewhere in this Code. (Added by Ord. 310-00, File No. 001762, App. 12/28/2000 ; amended by Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019) AMENDMENT HISTORY Division (c) amended; Ord. 166-16 , Eff. 9/10/2016. Division (c) amended; Ord. 179-18, Oper. 1/1/2019. SEC. 306.10. [REPEALED.] (Added by Ord. 214-02, File No. 020155, App. 11/1/2002; amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; repealed by Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019) SEC. 307. OTHER POWERS AND DUTIES OF THE ZONING ADMINISTRATOR. (See Interpretations related to this Section.) In addition to those specified in Sections 302 through 306 of this Code, the Zoning Administrator shall have the following powers and duties in administration and enforcement of this Code. (a) Rules, Regulations and Interpretations. The Zoning Administrator shall, consistent with the expressed standards, purposes and intent of this Code and pursuant to its objectives, issue and adopt such rules, regulations and interpretations as are in the Zoning Administrator's opinion necessary to administer and enforce the provisions of this Code. Such rules and regulations, and any such interpretations that will be of general application in future cases, shall be made a part of the permanent public records of the Planning Department. The Zoning Administrator shall respond to all written requests for determinations regarding the classification of uses and the interpretation and applicability of the provisions of this Code. (b) Compliance with This Code. The Zoning Administrator shall have authority to take appropriate actions to secure compliance with this Code, through review of permit applications, surveys and record-keeping, enforcement against violations as described in Section 176, and other means. (c) Inspection of Premises. In the performance of any prescribed duties, the Zoning Administrator and employees of the Planning Department authorized to represent the Zoning Administrator shall have the right to enter any building or premises for the purposes of investigation and inspection; provided, that such right of entry shall be exercised only at reasonable hours, and that in no case shall entry be made to any building in the absence of the owner or tenant thereof without the written order of a court of competent jurisdiction. (d) Code Maintenance. The Zoning Administrator shall periodically review and study the effectiveness and appropriateness of the provisions of this Code, for the purpose of recommending necessary changes to the Director of Planning and the Planning Commission. (e) Exercise of Powers and Duties by Others. In cases where absence, incapacity, vacancy of the office, conflict of interest or other sufficient reasons prevent action by the Zoning Administrator, the Director of Planning may designate any officer or employee of the Department to carry out any function of the Zoning Administrator so affected. (f) Cooperation With Other Departments. The Zoning Administrator shall furnish to the various departments, officers and employees of the City vested with the duty or authority to issue permits or licenses (including but not limited to the Department of Public Works, Department of Public Health, Police Department and Fire Department) such information as will insure the proper administration of this Code and of all the rules, regulations, interpretations and other determinations of the Planning Department relative thereto. It shall be the duty of said departments, officers and employees to cooperate with the Zoning Administrator in the performance of the Zoning Administrator's duties, and to assist in the enforcement of the provisions of this Code. (g) Exceptions from Certain Specific Code Standards through Administrative Review in the Chinatown Mixed Use Districts. The Zoning Administrator may allow complete or partial relief from rear yard, open space and wind and shadow standards as authorized in the applicable sections of this Code, when modification of the standard would result in a project better fulfilling the criteria set forth in the applicable section. The procedures and fee for such review shall be the same as those which are applicable to Variances, as set forth in Sections 306.1 through 306.5 and 308.2. (h) Exceptions from Certain Specific Code Standards through Administrative Review. The Zoning Administrator may allow complete or partial relief from certain standards specifically identified below, in Section 161, or elsewhere in this Code when modification of the standard would result in a project fulfilling the criteria set forth below and in the applicable section. (1) Applicability. (A) Eastern Neighborhood Mixed Use Districts. For projects not subject to Section 329, relief may be provided for the following requirements: rear yard; non-residential open space; off-street loading requirements; and off-street parking limits up to the maximum quantities described in Section 151.1. (B) Dwelling Unit Exposure for Historic Buildings. Relief may also be provided for dwelling unit exposure requirements for buildings which are designated landmark buildings or contributory buildings within designated historic districts per Article 10 of this Code, any building designated Category I-IV per Article 11 of this Code, and/or buildings recorded with the State Historic Preservation Office as eligible for the California Register, when the following criteria are met: (i) literal enforcement of Section 140 would result in the material impairment of the historic resource; and (ii) the project complies with the Secretary of the Interior's Standards, (36 C.F.R. § 67.7 (2001)) and/or Section 1006 and any related Article 10 appendices of this Code. This administrative exception does not apply to new additions to historic buildings. (C) Residential Open Space for Historic Buildings. For a landmark building designated per Article 10 of this Code, a contributing building located within a designated historic district per Article 10, or any building designated Category I-IV per Article 11 of this Code, the provision of off-site publicly accessible open space, meeting the requirements of Section 135(h), may be credited toward the residential usable open space requirement. (D) Conversion of Non-conforming Uses to Residential Uses. The Zoning Administrator may modify or waive dwelling unit exposure requirements, rear yard requirements, open space requirements for inner courts, and the substitution of off-site publicly accessible open space for required residential open space, provided that: (i) the Residential Use, whether Dwelling Units roup1 Housing, or SRO units, are Principally Permitted in the district or districts in which the project is located; (ii) the nonconforming use is eliminated by such conversion, provided further that the structure is not enlarged, extended or moved to another location; and (iii) the requirements of the Building Code, the Housing Code and other applicable portions of the Municipal Code are met. (E) Better Roofs; Living Roof Alternative. For projects subject to Section 149 and 249.78(d)(3), the Zoning Administrator may waive portions of the applicable requirements as provided in Section 149(e) and 249.78(d)(3)(D), respectively. (F)2 Bay Windows. Bay windows that maintain the same massing as those allowed as a permitted obstruction in Planning Code Section 136, but do not otherwise meet the requirements of Section 136, may be provided complete or partial relief with the advice of the Planning Director that said windows otherwise meet all applicable design guidelines. (F)2 Restriction of Lot Mergers in Certain Districts and on Pedestrian-Oriented Streets. For projects subject to the restrictions on lot mergers in Section 121.7, the Zoning Administrator may approve exceptions from those restrictions as provided in Section 121.7(c). (2) Procedures. The review of a modification requested under this Section shall be conducted as part of, and incorporated into, a related building permit application or other required project authorizations; no additional fee shall be required. Under no circumstances shall such modification provide relief from any fee, including those related to usable open space pursuant to Sections 135(j) and 135.3(d). The provisions of this Subsection (h) shall not preclude such additional conditions as may be deemed necessary by the Zoning Administrator to further the purposes of this Section or other Sections of this Code.