§ 312.



Purpose. The purpose of this Section is to establish procedures for reviewing building permit applications for lots in NC, RED, and Eastern Neighborhoods Mixed Use Districts in order to determine compatibility of the proposal with the neighborhood and for providing notice to property owners, occupants and residents 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.


Applicability. Except as indicated herein, all building permit applications for demolition, new construction, changes in use to a formula retail use as defined in Section 703.3 of this Code or alterations which expand the exterior dimensions of a building shall be subject to the notification and review procedures required by Subsection 312(d). Subsection 312(f) regarding demolition permits and approval of replacement structures shall apply to all NC, RED, and Eastern Neighborhoods Mixed Use Districts. For the purposes of this Section, addition to a building of the features listed in Section 136(c)(1) through 136(c)(24) and 136(c)(26) shall not be subject to notification under this Section.


Changes of Use. In NC Districts, all building permit applications for a change of use to a bar, as defined in Section 790.22, a liquor store, as defined in Section 790.55, a walkup facility, as defined in Section 790.140, other large institutions, as defined in Section 790.50, other small institutions, as defined in Section 790.51, a Limited Restaurant, as defined in Section 790.90, a Restaurant, as defined in Section 790.91, a massage establishment, as defined in Section 790.60, an outdoor activity, as defined in Section 790.70, an adult or other entertainment use, as defined in Sections 790.36 and 790.38, a fringe financial service use, as defined in Section 790.111, or Group Housing as defined in Section 790.88(b) shall be subject to the provisions of Subsection 312(d); provided, however, that a change of use from a Restaurant to a Limited-Restaurant shall not be subject to the provisions of Subsection 312(d). In all RED and Eastern Neighborhoods Mixed Use Districts all building permit applications for a change of use from anyone land use category to another land use category shall be subject to the provisions of Subsection 312(d). In addition, any accessory massage use in the Ocean Avenue Neighborhood Commercial Transit District shall be subject to the provisions of Subsection 312(d).

For the purposes of this Subsection, “land use category” shall mean those 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, and include the following: residential use, institutional use, retail sales and service use, assembly, recreation and entertainment use, office use, motor vehicle services use, industrial home and business service use, or other use.


Building Permit Application Review for Compliance and Notification. Upon acceptance of any application subject to this Section, the Planning Department shall review the proposed project for compliance with the Planning Code and any applicable design guidelines approved by the Planning Commission. Applications determined not to be in compliance with the standards of Articles 1.2, 1.5, 2 and 2.5 of the Planning Code, 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.


Neighborhood Commercial Design Guidelines. The construction of new buildings and alteration of existing buildings in NC Districts shall be consistent with the design policies and guidelines of the General Plan as adopted and periodically amended for specific areas or conditions by the Planning Commission. The Director of Planning may require modifications to the exterior of a proposed new building or proposed alteration of an existing building in order to bring it into conformity with the General Plan. These modifications may include, but are not limited to, changes in siting, building envelope, scale texture and detailing, openings, and landscaping.


Notification. Upon determination that an application is in compliance with the development standards of the Planning Code, the Planning Department shall cause a notice to be posted on the site pursuant to rules established by the Zoning Administrator and shall cause a written notice describing the proposed project to be sent in the manner described below. This notice shall be in addition to any notices required by the Building Code and shall have a format and content determined by the Zoning Administrator. It shall include a description of the proposal compared to any existing improvements on the site with dimensions of the basic features, elevations and site plan of the proposed project including the position of any adjacent buildings, exterior dimensions and finishes, a graphic reference scale, existing and proposed uses and 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.

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 Subparagraph 312(d)(2)(C) below, all individuals having made a written request for notification for a specific parcel or parcels pursuant to Planning Code Section 351 and all owners and, to the extent practical, occupants, of properties in the notification area.


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.


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, updated every six months with current contact information, available for public review, and kept at the Planning Department’s Planning Information Counter, and reception desk, as well as the Department of Building Inspection’s Building Permit Counter, of 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 proposed project. Notice to these groups shall be verified by a declaration of mailing signed under penalty of perjury. In the event that such an organization is not included in the notification group for a proposed project as required under this subsection, the proposed project must be re-noticed.


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, occupants, owners of neighboring properties and by neighborhood groups.


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.


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 Subsection (d)(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 relevant design guidelines of the General Plan.


Scheduling of Hearing. The Zoning Administrator shall set a time for hearing requests for discretionary review by the Planning Commission within a reasonable period.


Notice. Mailed notice of the discretionary review hearing by the Planning Commission shall be given not less than 10 days prior to the date of the hearing to the notification group as described in Paragraph 312(d)(2) above. Posted notice of the hearing shall be made as provided under Planning Code Section 306.8.


Demolition of Dwellings, Approval of 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 in any NC or Eastern Neighborhoods Mixed Use 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 of a building permit for construction of the replacement building. A building permit is finally approved if the Board of Appeals has taken final action for approval on an appeal of the issuance or denial of the permit or if the permit has been issued and the time for filing an appeal with the Board has lapsed with no appeal filed.


The demolition of any building whether or not historically and architecturally important may be approved administratively where the Director of the Department of Building Inspection or the Chief of the Bureau of Fire Prevention and Public Safety determines, after consultation with the Zoning Administrator, that an imminent safety hazard exists, and the Director of the Department of Building Inspection determines that demolition or extensive alteration of the structure is the only feasible means to secure the public safety.


Wireless Telecommunications Services Facility as Accessory Use, Notification and Review Required. Building permit applications for new construction of a wireless telecommunications services facility as an accessory use under Article 7 or 8 of the Planning Code in all NC, RED, or Eastern Neighborhoods Mixed Use Districts shall be subject to the notification and review procedures required by this Section.



(Added by Ord. 279-00, File No. 001423, App. 12/15/2000; amended by Ord. 209-03, File No. 030351, App. 6/6/2003; Ord. 258-04, File No. 040365, App. 10/28/2004; Ord. 215-07, File No. 070213, App. 9/21/2007; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 245-08, File No. 080696; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 61-09, File No. 090181, App. 4/17/2009; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 188-12 , File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013)

Divisions (c) and (d)(2) amended; Ord. 140-11, Eff. 8/4/2011. Division (c) amended; Ord. 75-12 , Eff. 5/23/2012. Division (c) amended; Ord. 188-12 , Eff. 10/11/2012. Section header and divisions (a), (b), (c), and (g) amended; Ord. 56-13 , Eff. 4/27/2013.


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