San Francisco Building Department Updates

Some exciting improvements and developments at the Building Department have been published in the past few weeks including the guidelines for adaptive reuse projects converting downtown commercial offices into multi-family residential buildings and a streamlined ADU review process. See below for the direct updates from San Francisco Department of Building Inspection.

Converting Downtown Commercial Offices into Multi-Family Residential

Multiple agencies came together to work on final guidelines for commercial to residential adaptive re-use projects and the result is a thoughtful and comprehensive clarification of building code provisions and local equivalency processes that may present developers and design professionals options which could enable many more potential projects to pencil out without sacrificing code compliance.

Throughout this incredibly extensive information sheet, the authors did a great job of providing clear and detailed information on how to approach equivalencies for building envelope, exterior walls and openings, means of egress, ventilation, lighting, unit size, earthquake safety, accessibility, high-rise and low-rise structures, use of the California Historic Building Code, and the San Franciscos Green building code. Some of the highlights include the following:

  • Dwelling unit sizes may meet the minimum size for new construction instead of the larger dimensions required for existing buildings. This will require approval of local equivalency through the SFDBI Administrative Bulletin AB-005 process.
  • Qualified historic buildings are permitted to use existing fire escapes per CHBC 8-502.5 where the fire escapes are inspected and improved to comply with SFDBI Administrative Bulletin AB-019.
  • Existing elevators in low-rise buildings can remain unchanged in a downtown adaptive reuse project and do not need to be upgraded to meet the current code requirements for gurney size, hoistway construction or Firefighters Emergency Operation.
  • High-rise structures over 120’ that do not have fire safe access elevators or do not house two elevator banks, and a hardship to install a new fire safe access elevator exists, may propose alternative equivalent facilitations to satisfy CBC 3003 FSAE.
  • Link to full Information Sheet G-29.

ADU Roundtable

The City has also recently launched a new service to streamline and speed up the review and issuance of Accessory Dwelling Unit (ADU) building permits submitted through the State or Hybrid Program.

The Permit Review Roundtable will quickly and efficiently review plans, provide feedback and answer compliance questions during a live virtual meeting. A 45-minute roundtable meeting will be held on Mondays with the ADU project’s design professional, the Department of Building Inspection (DBI), the Planning Department, SF Fire, Public Works and the Public Utilities Commission. Both the adaptive re-use guidelines and the relaunch of the ADU round table process are continued evidence of the hard work behind the scenes by City staff to improve their partnership with the development community.

 

Authored by Reuben, Junius & Rose, LLP Manager, Post Entitlement Division Gillian Allen.

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.

Permit Process Improvements

public works dbi

In recent months, City agencies have been working hard to improve review and issuance timelines for permits. This update focuses on the way that San Francisco Public Works (“Public Works”) will review releases for building permit applications (“BPAs”) filed after September 1, 2023 and upcoming changes from the San Francisco Department of Building Inspection (“DBI”) to improve process.

Public Works

Public Works has formally created a series of information sheets that help applicants include the necessary information to have the most streamlined review possible as well as obtain releases for building permits with scopes of work that qualify. We have summarized the changes below, but for the complete process, check out their “What’s New” page.

Currently, when a BPA is routed by DBI to Public Works, the Public Works plan checker will determine which Public Works permits are required for construction or occupancy of the public right-of-way. The applicant for the BPA is notified of the corresponding Public Works permit(s) required as a result of the proposed construction or occupancy. At that time, the BPA is placed on hold by Public Works and a note detailing the permit requirements are added to the DBI’s Permit Tracking System (PTS) by the Public Works plan checker. The hold on the BPA will remain in place until the applicant submits the appropriate Public Works permit applications and the Public Works plan checker has performed a detailed engineering review of the application(s), which, due to current staffing, can often delay the issuance of the building permit.

“Recognizing the importance of timely issuance of building permits, Public Works has evaluated and identified procedural reforms to allow for construction on private property, associated with BPAs, to commence while associated public right-of-way infrastructure, other construction and/or occupancy permit applications under the purview of Public Works are under review. It is vital that Public Works safeguard the public right-of-way, while at the same time establishing design review standards to allow for the timely release of BPAs that meet established minimum criteria. To accomplish this important goal, Public Works has created minimum submittal requirement tiers based on the BPA scope of work.”

Projects that fall under Tiers I and II will be eligible for early BPA release. Tier II requires BPA plans show minimum information as required by Public Works, detailed in their “MINIMUM STANDARDS FOR DESIGN REVIEW FOR BPA RELEASE” and in “PLAN CHECKER VERIFICATION LIST FOR BPA RELEASE” which starts at page 11 of the Minimum Standards for design review for BPA release memo.

A plan checker may request additional information to clarify specific items shown on BPA plans. If plans do not meet the minimum standards for review, the applicant shall resubmit revised plans to meet those standards prior to receiving a BPA release from Public Works.

Public Works has worked hard to create clear guidelines to improve the release process for building permits and we have found it to be working well over the last few weeks that it has been in process. Sincere thanks to all the public servants who collaborated to make this happen.

DBI

DBI has been doing an excellent job of catching up on their intake project backlog and recently announced that starting January 1, 2024, all intake review permits will be electronically reviewed. Electronic Plan Review has proven to save time on project review and it also saves customers money. Learn more about how to submit plans using Bluebeam Electronic Plan Review here. Additional Electronic Plan Review information is located here, and specific information for how to use Bluebeam on a Mac is here.

DBI is also developing a concierge plan review service for over-the-counter paper review that will focus on projects needing more than an hour of review but less than four hours of review. They are hoping to implement this service in early 2024 and we will update you on this exciting option as soon as it is available.

 

Authored by Reuben, Junius & Rose, LLP Manager, Post Entitlement Division Gillian Allen.

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.

Update on Site Permit Reform

permit

On May 11, 2023, the San Francisco Planning Department gave a presentation on Permit Streamlining at a joint Building Inspection Commission and Planning Commission hearing.  The focus of the presentation was on ways that San Francisco agencies can improve on the existing permitting timelines which are known to be some of the longest in the State, due to lack of coordination, unclear steps for the applicants and use of outdated tools for tracking of workflows.  This is part of a key initiative to streamline and improve the project development and construction permitting process.

The Planning Department and the Department of Building Inspecation are partnering to create a process which will improve upon the current “Site Permit” process by creating a Development Review Permit.  If this process is adopted, it will allow applicants to apply online with the Planning Department through the Accela portal with an early set of plans, get a plan check letter within a short amount of time that has review comments from all City agencies including Planning, Building, Fire, DPW, SFPUC and BUF, as well as one cohesive list of all agency applications needed for the process.  The applicant will then be able to respond with a revised set of plans and responsive comments and, upon approval of the responses as well as filing of any additional applications identified in the plan check letter, will receive an issued Development Review Permit once entitlements are complete.  This permit will be appealable to the Board of Appeals.

After the Development Review Permit has been issued, construction level plans can be submitted through the Department of Building Inspection for review and issuance of construction permits through the addenda process.  Any construction documents submitted through the Addenda process will be protected from appeal as they are today.

Leading up to this presentation, both the Planning Department and Department of Building Inspection held meetings with the public to seek information and suggestions on process improvement.  Several of the suggestions were echoed at the joint hearing and the agencies will continue to work together to integrate and create the best process possible.  Many applicants are interested in what level of design documents will need to be submitted.  The Department of Building Inspection and the Planning Department are proposing that, at minimum, plans should provide enough information for agencies to perform a preliminary review of accessibility compliance, construction type, size and height of the building, fire protection to evaluate setbacks from property line and firewall or other fire protective design needs, as well as egress.  The Planning Department is also incorporating a list of review criteria proposed by the American Institute of Architects while the Department of Building Inspection is working on further defining what criteria they need for early review.  Both agencies are working towards finalizing these efforts on July 20, 2023 and will be holding workshops with the public thereafter to receive further feedback.  For more information and updates, please go to the information page.

 

Authored by Reuben, Junius & Rose, LLP Manager, Post Entitlement Division Gillian Allen.

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.

Building Department Update

DBI

The San Francisco Department of Building Inspection (“DBI”) is working hard to improve on permit review and processing times. They launched a program called “Enhanced In-House Review Permit Application Process” on July 1, 2022, which should streamline the review and issuance of small and medium sized projects, and there are many new faces at the over-the-counter shifts which inevitably gives more seasoned staff time to work through their backlog.

The Enhanced In-House Review program incorporates suggestions from stakeholders and internal staff and creates new plan check categories. Until recently, DBI had only two options for plan review—Over-the-Counter and In-House review. For a project to qualify for Over-the-Counter review, the plan review needed to be an hour or less at each plan review station. Under their new Pre-Plan Check system launched on July 1, they added two new plan check categories for small to medium-sized projects that don’t qualify for Over-the-Counter review, but could be reviewed in one day after their assignment to a reviewer. Projects are now pre-screened per the criteria below:

Plan Check Category OTC Level 1 In-House Level 2 In-House Level 3 In-House Level 4
Time for plan review <1 hour 1-4 hours 4-8 hours >8 hours

New Central Queue

The new system also changes the way DBI assigns projects to plan reviewers. Previously, they assigned projects to plan reviewers as they came in—so if a plan reviewer had a large workload or went on vacation, customers waited longer for plan review. Under the new system, projects now go into a central queue and will be assigned to plan reviewers on a weekly basis. For customers, it means that once your project is assigned to a plan reviewer, you can expect DBI to begin review on your project in the next few business days. Over the past three weeks, the new process has effectively increased the quality of plan submissions and is helping DBI manage its workload better.

DBI’s next step is to remove projects from individual plan checker’s queues and to move all the existing in-house review project submissions into one queue and then begin assigning them to plan reviewers on a weekly basis.

The program has been in action for about two months, and according to the August update, DBI is pleased with the progress on the transition to the new process. About 68% of new applications have been accepted as complete and all of the older priority projects, such as affordable housing and Accessible Dwelling Units, have been assigned to a plan reviewer.

The new system also establishes a minimum 20 business days and maximum 40 business days target for DBI to respond to the application with comments for the applicant to clarify or address. Other agencies will attempt to match these turnaround thresholds but may have exceptions.

To ensure clear communication and to keep projects moving, DBI staff comments that cannot be or are not addressed with two resubmittals (ie: resubmitting revised plans), will be automatically escalated to a DBI plan check supervisor. Should a project have unresolved comments after four resubmittals, the project will automatically be escalated to the Deputy Director of Permit Services.

DBI plans to start posting updates to their website in September to let you know the date range of projects being assigned to DBI staff every week and appreciates your support as they move from the old system to a new system that will serve you better. Learn more here.

 

Authored by Reuben, Junius & Rose, LLP Manager, Post Entitlement Division Gillian Allen.

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.

San Francisco Façade Safety Requirements

safety

In 2016, the San Francisco Building Code (“Code”) was amended to require that the façades of certain buildings of five or more stories be inspected periodically by a licensed architect or engineer and that a Façade Inspection and Maintenance Report (“Report”) be submitted to the owner and the Department of Building Inspection (“DBI”). The Code requires the maintenance of façades in accordance with an Administrative Bulletin based on a national standard. The intent of the program is to identify current unsafe conditions that could jeopardize public safety if façade elements fall onto streets and sidewalks below. It is also intended to identify conditions that could deteriorate into unsafe conditions before the next inspection.

The requirements apply to Type I, II, III, and IV buildings. Buildings of other construction types and fewer than five stories may voluntarily comply. For inspection of buildings considered to be historic resources, the qualified professional must have expertise in structural inspection and maintenance of historic resources. Reports are to be submitted based on the schedule below, and then at least every 10 years thereafter. Reports for inspections and maintenance work conducted within 10 years of the deadline satisfy the reporting requirement. Buildings constructed under a permit submitted after January 1, 1998 are exempt from having to conduct an initial inspection, but are required to begin periodic inspections 30 years from the issuance of the Certificate of Final Completion for the building.

Where a building experiences significant damage due to earthquake, weather, or the passage of time, an inspection must be done within 60 days of discovery of the damage, in addition to immediate action to address the damage. Significant damage includes items that have fallen from a building or items that have cracked or dislodged to become potential falling hazards.

It is important to note that buildings built before 1910 were required to submit Reports by December 31, 2021. DBI has alerted the public that in order to avoid penalties, property owners should get started with Reports right away. The next deadlines are as follows:

  • Buildings built between 1910 and 1925: December 31, 2023
  • Buildings built between 1926 and 1970: December 31, 2025
  • Buildings built after 1970: December 31, 2027

Reports may be submitted by email to dbi.facade@sfgov.org, or to DBI in person or by mail at 49 South Van Ness Avenue, Suite 500, San Francisco, CA 94103. DBI is to respond to the Reports within 60 days to confirm whether additional information is required and to confirm dates for additional inspections and reports. Once a Report is approved, the owner/owner’s representative will be contacted to pick up the acceptance letter and pay the associated fees. Reports are not deemed complete until all associated fees have been paid.

For more about this program, property owners can visit DBI’s Façade inspection and maintenance program page.

 

Authored by Reuben, Junius & Rose, LLP Attorney Jody Knight.

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.

Reinstatement of Electronic Plan Review

Electronic Plan Review

Electronic Plan Review

The San Francisco Department of Building Inspection has reinstated Electronic Plan Review (EPR) for any new in-house review projects. This process saves applicants time and money on their project.

  • Saves Money – No need to print multiple large rolls of paper plans and coordinate multiple design professional wet signatures. Digital signature over stamp accepted.
  • Increases Transparency – All project information, comments, revisions, and approvals are captured, aggregated, and logged in one location, accessible online 24/7 through the designated Bluebeam session.
  • Saves Time – With the project plans online, plan checkers can conduct some reviews simultaneously, and any revisions can be uploaded directly into the Bluebeam session by the respondent rather than in person rechecks and paper submittals.

The EPR option is not currently available to any projects that were submitted in paper and currently under review. It is only for new applications. It also does not apply to over-the-counter permits. There are several formatting requirements, and the Building Department is offering a training session which you can register for below:

More information is available on the DBI website through the links below:

 

Authored by Reuben, Junius & Rose, LLP Manager, Post Entitlement Division Gillian Allen.

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.

Proposition H and New Processing for ADUs

Save Our Small Businesses Initiative

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:

Neighborhood Notification

  • 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.

Permitted Uses

  • 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.

Approval Process

  • 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.

California Increases Density Bonus to 50%

density bonus

Starting in 2021, residential projects in California with on-site affordable housing can get a density bonus of up to 50%.  Currently, under Government Code Section 65915—commonly known as the Density Bonus Law—the maximum bonus is 35%.  It is available for projects that include 11% very low income below market rate (“BMR”) units, 20% low income BMRs, or 40% moderate income BMRs.  Under a new law that flew somewhat under the radar during the last legislative session in Sacramento, a 50% bonus is available with increased affordability.  Specifically, 15% very low income, 24% low income, or 44% moderate income allow the full 50% bonus.

The new state law, AB 2345, requires cities and counties to comply even if they have not yet updated local implementing ordinances.  This means starting January 1, 2021, all jurisdictions in California are required to process projects proposing up to 50% additional density as long as those projects provide the additional BMRs in the “base” portion of the project, unless the locality already allows a bonus above 35%.

AB 2345 also lowered the BMR thresholds for concessions and incentives for projects with low income BMRs.  For background, in addition to waivers from development controls that preclude a project from achieving the density bonus it is guaranteed (with some narrow exceptions) in exchange for on-site BMRs, the Density Bonus Law allows sponsors to ask for “concessions and incentives” from zoning and development regulations that would make the project more expensive to construct.  Starting in 2021, projects with 17% low income BMRs can qualify for two concessions or incentives, and projects with 24% low income BMRs can qualify for three.

Finally, density bonus projects within one-half mile of a major transit stop and with direct access to the stop may be able to avoid minimum parking requirements.

All-Electric New Construction in San Francisco Starting in June 2021

On Tuesday, the San Francisco Board of Supervisors passed a law mandating new construction projects be all-electric.  The building or project will need to use a permanent supply of electricity as the source of energy for all space conditioning including heating and cooling, water heating, pools and spas, cooking appliances, and clothes drying appliances.  Gas or propane piping systems are not permitted from the point of delivery at the gas meter.

The all-electric requirement takes effect on June 1, 2021.  Starting then, all new building or site permit applications will need to comply.  Sponsors should keep in mind there is currently a multi-month delay to file permits at the Department of Building Inspection (“DBI”), and should not wait until the last minute to get their building or site permits on file.

There are two minor exceptions.  If it would be physically or technically infeasible to construct an all-electric building, DBI can grant modifications, but only to those portions of the building where infeasibility can be demonstrated, and the alternative design provides equivalent health, safety, and fire protection.  Importantly, financial considerations cannot be used to show infeasibility.

Also, a restaurant is allowed to have gas facilities used exclusively for cooking equipment.  For permits filed through December 31, 2021, permits identifying a restaurant use will be allowed to have gas facilities.  After 2021, the exception is narrowed and DBI has to determine that the gas system is necessary for the specific restaurant using the space.  Identifying a specific restaurant tenant that early in the process will likely be a challenge for many new construction projects.

 

Authored by Reuben, Junius & Rose, LLP Attorney Mark Loper.

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.

DBI Changes to Permit Submittals and Process

online permits

The Department of Building Inspection (DBI) and the Permit Center are temporarily limiting the types of permits that may be submitted online through the digital permit submission process to new 100% affordable housing projects, new permits for Development Agreement projects, and addenda and revisions for already submitted digital in-house review permits.

They are working to retool the digital system and make workflow and process improvements to increase efficiency and integrate the system with DBI’s Permit Tracking System (PTS).  Trades permits will still be offered online—see details below.

While they are improving the digital permitting system, DBI will continue to offer limited in-person services for paper applications and will continue to process digital permit applications that have already been submitted online.  If you submitted a permit application online, you will remain in the queue for permit processing or be asked to resubmit your permit application in paper.  Below are details on how they are handling specific permits.

Over-the-Counter Permits

Starting on Monday, August 17, 2020, DBI will no longer offer online permit submission for Over-the-Counter (OTC) projects.  All OTC projects will be processed in paper.  Below is a breakdown of how to submit in accordance with the type of project:

  • OTC without plans: Starting August 17, 2020, they will no longer accept online permit applications for OTC without plans permits.  Customers can register through Eventbrite for drop-in permit services Monday through Friday from 7:30 a.m. to 9:30 a.m.  DBI currently offers 40 tickets per day for customers to drop in to get an OTC permit without plans.  This service is limited to two permits per customer per day.
  • OTC with plans previously submitted online: Starting August 17, 2020, DBI will no longer accept online permit applications for OTC with plans permits.  Many customers have already applied online for an OTC permit with plans.  If you applied online for an OTC with plans permit, the Permit Center will contact you next week to offer you an appointment to submit your permit application in paper.  Appointments to drop off OTC with plans permit applications in paper are scheduled Monday through Friday from 9:30 a.m. and 3:30 p.m.  This service is limited to two permits per customer per appointment.
  • Submitting new OTC with plans: If you have a new permit application for an OTC with plans permit, you will have the opportunity to make an appointment to drop off your permit application.  Calendar the appointment here.

In-House Review Permits

Larger and more complicated projects that are not eligible for OTC review are brought in house for review.

  • If you previously submitted an in-house review permit application online, you will remain in the queue for permit processing.
  • New 100% affordable housing projects, new permits for Development Agreement projects, and addenda and revisions for existing digital in-house permits can be submitted online here.
  • Commercial projects: If you have a new permit application for an in-house review project, please email dbicustomerservice@sfgov.org with the following information about your project:
    1. Contact Information (applicant name, phone number and email)
    2. Property Address (block and lot or Assessor’s Parcel Number)
    3. Short description of the scope of work

DBI will contact customers to begin the pre-screening process in the order received.  Note that DBI has received a large number of in-house review permit applications, so the queue for this is several weeks.

Fire-Only Permits

Starting August 17, 2020, DBI will no longer accept online permit applications for OTC fire-only permits.  If you are applying for a permit that requires Fire Department review only, you can drop off your fire-only permit application (Form 3 or 8) Monday through Friday from 7:30 a.m. to 9:30 a.m.  Customers can register through Eventbrite for fire-only permit drop-off.  SFFD/DBI currently offer 40 tickets per day for customers to drop in to get an OTC permit without plans or to drop off a fire-only permit application.

  • Fire-Only Permits previously submitted on-line: If you submitted online for a fire-only permit prior to August 17, 2020, the Permit Center should have contacted you to offer you an appointment to submit your permit application in paper.

Other Emergency Projects

DBI will continue to accept permit applications for emergency projects.  Examples of emergency projects include damage to a building from a fire or flooding, compromised gas lines or sewers, foundation or structural issues or other serious issues affecting the habitability of a building.  If the permit you’re filing is in response to an emergency event at your property, please contact DBI at dbi.emergencyresponse@sfgov.org for assistance.

Permit Pick-Up and Issuance

Customers can drop in between 9:30 a.m. and 3:30 p.m. to pick up permits after DBI contacts you that your permit is ready for pick-up.  To complete the permit issuance process, payment is required and can be made online or you can forward a check to DBI.  When your permit is ready for issuance, you will receive an email invoice with information on how to pay online.  If you have questions or need help, please contact dbicustomerservice@sfgov.org for assistance.

Trades Permits

Trades permits (electrical, plumbing, mechanical and boiler-to-operate) are offered online using a contractor account or by emailing dbi.iprrequest@sfgov.org and are not available during drop-in times.

  • If you have a DBI contractor account online, visit here to start the online permit process.
  • If you don’t have an online contractors account, you can email DBI staff to file your trades permit. B license contractors filing trades permits and homeowners needing to file a permit can also email
  • If you are a licensed contractor qualifying for online permit submission and would like to set up an online account, visit here to start the registration process.
  • Trades Permits Forms:
    1. Permit to Operate Boiler Application
    2. Electrical Application
    3. Mechanical Application

The Post Entitlement Team with RJR is available to answer any questions or help facilitate the steps above for your projects.

 

Authored by Reuben, Junius & Rose, LLP Manager – Permit Consulting Division Gillian Allen.

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.

San Francisco Expands ADUs and Electronic Permitting

ADUs

State Law Changes to ADUs Incorporated into Planning Code

Early this year, state law changed to allow additional flexibility in adding Accessory Dwelling Units (“ADUs”) to existing and proposed housing. In May, some of those changes were incorporated into Planning Code Section 207. Additional changes to align the Planning Code with state law are expected soon.

The changes to the ADU program include an allowance for construction of ADUs in single family homes or detached auxiliary structures on the same lot. The Code changes allow for single-family “no waiver” ADUs under Section 207(c)(6), but limit expansion of the envelope of the single-family home or auxiliary structure for the ADU to 1,200 square-feet. State law also allows a Junior ADU (“JADU”) of no greater than 500 square-feet to be developed within the existing or proposed primary residence in addition to an ADU. Therefore, under the new state law, every lot can have at least three units. Single-family ADUs will require posted notice at the site, even if the ADU is built entirely within the envelope of an existing building.

“Waiver” ADUs for single family homes and ADUs in multifamily buildings are regulated by Section 207(c)(4). For lots that have four or fewer existing dwelling units or where the zoning would permit the construction of four or fewer dwelling units, one ADU is permitted. For lots that have more than four existing dwelling units or are undergoing seismic retrofitting, or where the zoning would permit the construction of more than four dwelling units, there is no limit on the number of total ADUs permitted, subject to restrictions for prior evictions. No minimum lot size is required for construction of an ADU.

Under Section 207, ADUs may be constructed in the buildable area of a lot, be converted from auxiliary structures, or be built within the envelope of an existing residential building. For auxiliary structures, dormers may be added even if the structure is within the required rear yard. The new state law also allows construction of a new detached unit, not otherwise subject to local development standards, if it is not more than 800 square feet, no more than 16 feet in height, and provides four-foot side and rear setbacks. In San Francisco, ADUs are not to be constructed from space within an existing dwelling unit, except that an ADU may expand into habitable space on the ground or basement floors if it does not exceed 25% of the gross square footage of the space. This limitation may be waived by the Zoning Administrator if waiver helps with the layout of the proposed ADU.

In an effort to incentivize creation of new units, ADUs of up to 750 square feet are now exempt from impact fees by state law. ADUs of 750 square feet or larger are only subject to impact fees proportional to the size relationship of the ADU to the primary dwelling. In addition, ADUs are not required to be sprinklered where the main unit is not required to be sprinklered.

Finally, state law now requires processing of ADU applications within 60 days. However, many property owners have experienced delay based on when the City deems a project application “complete.” The Planning Department continues to refine its procedures for ADUs, and we hope that property owners will encounter less red tape than they did in the past.

DBI (Department of Building Inspection) Implements Electronic Processing and Over-the-Counter Permits

COVID-19 has pushed DBI to implement its long-planned transition to electronic processing of permits. Electronic Plan Review (“EPR”) has a new online portal for building permit submittals that allows EPR through Bluebeam. For permits previously started in paper, DBI is evaluating the need to convert to EPR on a permit-by-permit basis. Conversion to EPR has resulted in delays as electronic submittals are processed, but should allow more efficient simultaneous review once permits move forward.

DBI has also restarted processing Over-the-Counter (“OTC”) permits. On June 24, DBI began offering OTC curbside services in coordination with its permitting agency partners (Public Works, Planning, Fire, and the Public Utilities Commission). Curbside services are offered from 7:30 a.m. to 4:30 p.m. Monday through Friday, including the following:

• Drop-in service for OTC without plans for up to two permits is available for up to 30 people per day between 7:30 a.m. and 9:30 a.m. Starting at noon on Fridays, Eventbrite tickets are available for the following week’s slots.
• Previously submitted electronic OTC permits with plans are being processed by appointment between 9:30 a.m. and 3:30 p.m., with appointments prioritized by length of time in the queue. Currently, DBI is processing permits submitted electronically between 6/1/2020 and 6/14/2020; new applications for OTC permits with plans are to be submitted electronically and added to the queue.
• Drop-in permit pick-up will be available throughout the day after DBI alerts a customer that a permit is ready. To use these OTC services, customers must arrive with forms complete and must wear face masks and stay six feet apart.

The following types of permits may be processed OTC:

Over-the-Counter without Plans

• Re-roofing
• Repair decks and stairs (less than 50%)
• Replacement windows (same size and same locations)
• Replacement garage doors
• Minor dry rot repairs
• Exterior siding repairs or replacement
• In-kind kitchen remodel (no changes to floor plan or walls)
• In-kind bathroom remodel (no changes to floor plan or walls)

Over-the-Counter with Plans

• Kitchen remodel (changing floor plans/walls)
• Bathroom remodel (changing floor plans/walls)
• Residential interior remodel (changing floor plans/walls)
• New windows and exterior doors
• Decks less than 10 feet above grade that meet Planning Code setbacks
• Sign permits
• Commercial tenant improvement projects
• Office or other B occupancy remodels
• Power door operators
• Permits to comply with the Accessible Business Entrance (“ABE”) program
• Voluntary seismic upgrades
• Disability access barrier removal
• Projects that do not require Planning Department neighborhood notification

Expect delays. DBI is currently processing permits submitted more than a month ago and will be closed to OTC permit processing for several days during the next few weeks while it moves its offices. Also, this is a pilot program that is subject to change as DBI continues to adapt to electronic filing and limited in-person services in the COVID-19 era. Check DBI’s website for the latest information about OTC processing.

 

Authored by Reuben, Junius & Rose, LLP Attorney Jody Knight.

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.