Planning Ahead
by M. Brett Gladstone
Every now and again it’s a good idea to review the basics of planning and building codes. You should keep in mind that, for the most part, the provisions stated below are not applicable to your property if it was built prior to the time that these code provisions went into effect and if the portion being analyzed was built with permits. The following provisions may, however, apply to portions of your property built without permits or beyond the scope of approved plans. If this is the case, you must seek approval as if they were never built there, and today’s codes will apply to them. (All section numbers below refer to sections of the San Francisco Planning Code.)
Types of Use
The Zoning Use District describes how your property may be used. To determine what uses are permitted and at what densities, you must find out which zoning applies to your property. It is not wise to rely on the zoning stated in a 3-R Report. Visit the San Francisco Planning Department at 1660 Mission St. or call 558-6377 and give them your address; they can look up your zoning district.
Height and Bulk
The city is divided into Height and Bulk Districts that are shown on the Official Zoning Map. Article 2.5 of the Planning Code describes the maximum building height and bulk permitted in your district. The methods for measuring height are very specific and are unusual for properties on inclines.
Parking
The required number and dimensions of parking spaces are determined by the use of the property and, in some cases, by the zoning district and the amount of space occupied. In most purely residential districts, one parking space is required for each living unit added. This may soon change; the city is discouraging off-street parking on the theory that with fewer parking spaces, people will own fewer cars. Another important parking rule is that once required parking is provided, it cannot be taken away unless you have been granted a variance. Projects that involve any reduction in the number of required off-street parking spaces, whether in a building or an open area, are specifically forbidden unless a variance is granted.
Usable Open Space
Usable open space refers to the amount of outdoor space that must be made available to each dwelling unit. While usable open space may be provided in the rear yard, these are two separate requirements. Open space may be provided in yards, balconies, decks, roof decks and/or courtyards.
Rear yard setback or simply “rear yard” refers to an area (usually in the back of a lot) where you cannot build any structures. In residential districts, the rear yard is required to be kept open on every story, not just on the ground floor. In all districts, there are certain exceptions called permitted obstructions (such as certain kinds of decks and small garden structures) that may be built in parts of the rear yard. Parking is not permitted in rear yards.
Side yards refer to the area on the sides of a lot that are required to be kept open. Side yards are only required in RH-1(D) (single-family detached house) districts.
The General Plan
The city has a General Plan, which is required by state law to guide future development. The plan consists of broad policy statements that are implemented through the more specific zoning regulations in San Francisco’s Planning Code. All proposals are evaluated for conformance with General Plan policies.
Design Review
In the case of building permit applications for new construction and alteration of residential buildings in RH and RM districts, and recently in certain commercial/residential districts, the exterior designs of buildings are reviewed
by Planning Department staff for compliance with the department’s design guidelines. Apartment building owners may not realize that even the replacement of original wood windows with metal windows may not survive Planning Department scrutiny. Generally, no demolition permits are issued for buildings not in imminent danger of collapse unless an approval of a replacement structure is obtained. An alteration is defined as any change in use of a building or an increase in the building envelope of a residential building or buildings in neighborhood commercial zones (Sections 311 and 312).
Neighborhood Notification
Sections 311 and 312 require the Planning Department to notify your neighbors of all building permit applications that seek the demolition or exterior alteration of buildings in residential (and certain commercial) zones before the department approves the permit. This notification to neighbors is responsible for triggering most of the discretionary review cases heard by the Planning Commission.
Discretionary Review
Opposing neighbors can request such a hearing for a project that is completely code-complying. The Planning Commission may also elect to review a project that has a pending building permit application if the commission believes the alteration of the building could have detrimental effects on the community, even if it complies with all codes. For example, it may be out of character compared with its immediately surrounding buildings. This discretionary review power, though originally intended to be used rarely, is often employed by today’s Planning Commission. The commission exercises its discretionary review power by majority vote after a public hearing. In addition to the neighbor-initiated process, the department staff may also initiate such a hearing for certain types of projects (for example, all mergers of dwelling units).
The opinions expressed in this article are those of the author and do not necessarily reflect the viewpoint of SFAA or San Francisco Apartment Magazine. The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. M. Brett Gladstone is a partner in the San Francisco real-estate law firm of Gladstone & Associates. He can be reached at 415-434-9500. Copyright © 2006 by San Francisco Apartment Magazine. All rights reserved.