Proposition H Adopted by Voters
Proposition H was adopted by the voters at this November’s election. Titled, “Save Our Small Businesses Initiative”, the initiative ordinance gives existing businesses more flexibility in their operations and speeds approvals for new businesses in the City’s Neighborhood Commercial (“NC”) Zoning Districts. The initiative reduces the approval requirement for many uses from a conditional use authorization from the Planning Commission to an over-the-counter administrative approval. Restrictions on office uses are relaxed. The initiative eliminates neighborhood notification for changes to a principally permitted use and provides existing businesses with greater flexibility to adapt their operations in response to the COVID-19 pandemic and shifting retail landscape. The initiative calls upon the City to streamline the approval for small businesses to 30 days.
In particular, the initiative provides as follows:
- Eliminates neighborhood notification for new principally permitted uses in Neighborhood Commercial Districts, for Limited Commercial Uses, and for Limited Corner Commercial Uses. These change of use permits can now be approved over-the-counter.
- In all NC Districts except for the Mission Street NC, 24th Street-Mission NC, and SOMA NC, more principally permitted and conditionally permitted uses are now allowed:
- Non-Retail Sales and Services (e.g., office uses) are principally permitted on upper floors and permitted with a conditional use authorization on the ground floor.
- General Entertainment, Movie Theaters, Community Facilities, Restaurants, Limited Restaurants, Animal Hospitals, and Retail Professional Services (e.g., realtors, accountants, insurance agents) are now principally permitted where currently permitted with a conditional use authorization, and conditionally permitted where currently not permitted. Restaurant controls were not changed in the North Beach Special Use District, where a conditional use authorization is required and any new restaurant may only occupy a space where the last use was a restaurant.
- Arts Activities and Social Service or Philanthropic Facilities are now principally permitted on all floors.
- Formula retail controls (conditional use authorization required) were not changed by the initiative.
- Requires the creation of a streamlined review and inspection process for principally permitted storefront uses in NC Districts with a target approval in 30 days or less. The City is in the process of implementing these new procedures;
- Requires that in cases of City error, permits to remedy that error be prioritized and have fees waived;
- Establishes policy to allow restaurant table service within parklets in addition to the existing use of parklets by any member of the public; and
- Locks-in the initiative’s provisions for 3 years from passage, except to further relax restrictions.
Processing ADU Applications Moves to Planning
In an effort to ease the administrative burden on DBI and hasten the approval of ADUs, the City has shifted the intake and processing of ADU applications from DBI to the Planning Department. This includes new applications for ADUs and work related to ADU construction, such as expansions required for an ADU, excavations required for an ADU, new construction for a detached ADU, and interior remodel work to create independent access to the ADU.
Applications consist of the standard Planning Department Project Application, the ADU checklist form, the ADU screening form, a fixture count form for the PUC, and a pdf of the project plans. Applications are submitted online at a new, easy-to-use website just for ADUs. The application can be a full building permit or a site permit with addenda.
Once the application is submitted, Planning will send the applicant a confirmation email with the planning application number. Planning’s Property Information Map (PIM) will provide updates about the application. It will take one day for the record to appear in the PIM. A planner will email the applicant about next steps within 14 business days. The application still will be routed as before to other City agencies having jurisdiction over the proposed work for review, including DBI.
Once the permit is approved, Planning will coordinate with the applicant to verify their licensed contractor information and pay the fees. Planning will email the job card to start construction.
For questions or assistance, email the Planning Department.
Authored by Reuben, Junius & Rose, LLP Attorney Thomas P. Tunny.
The issues discussed in this update are not intended to be legal advice and no attorney-client relationship is established with the recipient. Readers should consult with legal counsel before relying on any of the information contained herein. Reuben, Junius & Rose, LLP is a full service real estate law firm. We specialize in land use, development and entitlement law. We also provide a wide range of transactional services, including leasing, acquisitions and sales, formation of limited liability companies and other entities, lending/workout assistance, subdivision and condominium work.