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New Building Construction/Demolition – Commercial

Commercial New Building Construction
Information on constructing and/or demolishing a building in a Commercial district.

Getting Started

If you're planning to build an entirely new building from the ground up in a Commercial zoning district, your project will require a Building Permit Application. Likewise, a Building Permit Application is required for demolitions in a Commercial zoning district. The allowable activities/uses of land on the property, as well as residential density and scale of your project are dependent upon the zoning district and height limits in that district. When planning your project you will need to consider these, and a number of other important regulations, and depending on the scope of work and zoning district of your property, your project may also require Neighborhood Notification and several accompanying Pre-Application steps. (See Understanding What's Allowed below.)

Got permitting questions?
Read the FAQ.

If you're planning on removing dwelling units (i.e. housing units) by demolition, that process is subject to some additional procedures as is discussed separately on our Removal of Dwelling Units how-to page.

It is recommended to visit or call Planning staff at the Planning Information Center (PIC) early in the planning of your project. The PIC is at 1660 Mission Street, 1st floor and may also be reached by phone at (415) 558-6377 or via email at pic@sfgov.org.

We also recommend you contact the Department of Building Inspection (DBI) to confirm their requirements before submitting your Building Permit Application. They can be reached at (415) 558-6088, or at 1660 Mission Street 1st floor Public Information Counter.

Understanding What's Allowed

New construction in commercial districts (with or without demolition) is regulated by the San Francisco Planning Code. To maintain the character and purpose of distinct areas in San Francisco, the City's geography has been divided into distinct zoning use districts (view these zoning use districts on the San Francisco Zoning Map and Section 201 of the Planning Code). For each activity or use of land in any given zoning district, the Code states if that activity or use is either: Permitted; Conditional; or Not Permitted. Therefore knowing the zoning district of your property will help you identify what specific limits may apply to your project and which application materials you will need to submit.

You can find the zoning use district and height limits of your property on the Find My Zoning page, or directly from our San Francisco Property Information Map by entering your address or Assessor's Lot and Block number and click the "Zoning" tab.

Other Things To Consider
In addition to the zoning district and land use regulations in the San Francisco Planning Code, your application will also be reviewed under provisions in all of San Francisco's Municipal Codes, the San Francisco General Plan, and Department policies based on a number of criteria (e.g. the historical significance of your property, the environmental impact of your project, or other regulations).

Here are the most common regulations you will need to consider:

  • Pre-Application Process & Neighborhood Notification requirements
    Most new building construction and/or demolition projects in Commercial districts require Neighborhood Notification, a process where the Planning Department mails a notice alerting neighbors and neighborhood groups in the vicinity of your proposed project and they are given a period of 30 days to respond with concerns or to request a Discretionary Review (DR). This includes projects in Neighborhood Commercial (NC) and Eastern Neighborhoods zoning districts, where Section 312 of the Planning Code states that commercial projects in these zoning districts require Neighborhood Notification. Depending on the scope of your project, you may also need to provide a "Pre-Application Notice" to nearby neighbors, and/or you may need to hold a "Pre-Application Meeting." The triggers for the Pre-Application Process are explained in the Pre-Application Information Packet.

  • Demolition Before New Building Construction
    In an Interpretation of the San Francisco Planning Code, the Zoning Administrator has ruled the Building Permit Application required for the demolition portion of the project shall not be approved until the Building Permit Application required for the replacement structure has been approved in non-Residential districts unless the existing structure jeopardizes public health or safety. Additionally, if the building to be demolished is a historic resource, an evaluation of historic character and additional procedures might be required, such as further environmental evaluation (see "Historic Resources" below).

  • Historic Resources
    If your project involves alteration to structure that has been identified (through a Historic Resources Survey or other means) as a historic resource or if the structure is 50 years old or greater then there will most likely be additional materials and process involved in order to determine if the proposed work is appropriate. See our Historic Preservation section to read more about evaluating historic character and the additional procedures that might be required if a historic structure is impacted. Preservation Technical Specialists (planners with specialized training in evaluating impacts on historic resources) at the Planning Information Center (PIC) can help you understand what's allowed on your building. There are regularly scheduled hours where Preservation Technical Specialists are available to help you at the PIC, click here for more info.

  • "Conditional Use Authorization" (CU)
    For each activity or use of land in any given zoning district, the San Francisco Planning Code states if that activity or use is either: Permitted; Conditional; or Not Permitted. If your project involves a use that you would like conditionally permitted, a Conditional Use Authorization Application must be submitted. Following submittal, your project will be reviewed by the Planning Commission at a public hearing. The Commission will make findings that your project is consistent with the San Francisco General Plan and promotes the general welfare of the City. CU is further explained in our Permitting Glossary here, or in our handout General Planning Information Bulletin: Reconstruction of Destroyed Buildings and Uses.

  • Environmental impact of your project
    Projects may require a separate Environmental Evaluation Application depending on the scope of the project. Construction of a new commercial building less than 10,000 square feet in floor area and/or construction of up to six dwelling units in multi-family buildings are generally exempt from environmental review under the California Environmental Quality Act (CEQA). Larger scale residential developments may require more detailed environmental evaluations. You can read a summary of the environmental review process on our Environmental Planning (formerly MEA) web page which includes a list of projects exempt from environmental review (known as "Categorical Exemption). If your proposed project is not exempt from CEQA, you will need to submit an Environmental Evaluation Application. The application also includes contact phone numbers if you have questions about the need for environmental review. If environmental review is required, it must be completed before any other permit approval actions are taken. Contact the PIC if you have questions as to whether your project will require environmental evaluation.

  • Required Preliminary Project Assessment (PPA) for all new non-residential building projects
    Any new non-residential building project is subject to a Preliminary Project Assessment (PPA). This is a preliminary process that evaluates moderate to large projects before development applications are filed. Our goal is to provide you with assistance in advance of your application submittal, so that the application materials are complete and accurate, reducing the need for correction cycles that will delay approval.

  • Affordable housing requirements for new construction of five or more dwelling units
    New construction of five or more units is subject to an affordable housing requirement (see Section 415.3 of the San Francisco Planning Code).

  • Hours of operation & "Conditional Use Authorization" (CU)
    Commercial uses in certain districts such as Neighborhood Commercial districts (NCD), Chinatown Mixed Use Districts and specific Downtown Residential Mixed Use Districts may have restrictions on the hours of operation. Depending on the scope of your project and the zoning district of your property, later hours will require a Conditional Use Authorization or in some cases it may not be permitted.

  • Entertainment
    If your proposed project would include any live entertainment, amplified sound, or amusement devices it may require a permit from the Entertainment Commission. Also, in certain zoning districts, entertainment activities accessory to, or within other establishments (e.g. live music in a bar) may constitute a separate use under the San Francisco Planning Code with separate Neighborhood Notification and/or approval requirements.

  • Signage
    Any new signage would require a separate sign permit. See our Signs permitting page.

  • Addition of street trees
    Alterations to buildings that add substantial additional size, garages, or additional parking, among other things, must install street tree(s) (see San Francisco Planning Code, Section 138.1).

  • Removal of a street tree
    If a tree needs to be removed due to construction, a tree removal permit will be required from the Department of Public Works (DPW) and a new tree would need to be installed. (Follow this link to apply for a tree removal permit on DPW's site.)

  • Tree protection
    Through an effort to protect the City's most valuable, relevant and historic trees, the City has adopted tree protection legislation regarding certain trees. Be sure to check that a protected or landmarked tree won't be impacted by your project.

  • Parking space
    Most often each new dwelling unit will require a new parking space or require an exception to that requirement through a Variance Hearing.

Applying for Your Permit & Paying Fees

The following information must be submitted when applying for a Building Permit to construct a new building in a commercial district (with or without demolition):

  1. Construction plans and/or drawings (required for new commercial building construction; may not be required for demolitions depending on the size of the building and type of construction. Please consult with DBI to determine if your application needs construction plans.) See our Plan Submittal Guidelines
  2. Neighborhood Notification materials (if required)
  3. Forms provided in the Pre-Application Packet (if a Pre-Application Meeting is required)
  4. Forms provided in the Conditional Use Authorization (CU) Application (required only if seeking a Conditional Use Authorization)

Since every project is unique, we have a useful matrix handout, the Permit Application Checklist which explains submittal requirements based on the proposed work as described under "How to Use This Matrix." A checklist of required materials to be submitted with the Building Permit is also included in the Building Permit Application Packet which also describes the Section 312 Neighborhood Notification

To submit a permit, prepare the Building Permit Application and bring it along with all necessary plans and materials as described in the Permit Application Checklist and/or Building Application Packet to the Department of Building Inspection (DBI) at 1660 Mission Street. If you are a new user, we recommend you come to the Planning Information Center (PIC) also at 1660 Mission Street before proceeding to DBI.

Fees
Permit fees are based on the construction cost of your project. To estimate permit fees, the Planning Department's fee schedule is available online. We also have a fee calculator for Building Permits reviewed by the Planning Department. If you have any questions, please stop by or call the Planning Information Center (PIC) staff at (415) 558-6377. Depending on your location and project type, impact fees may be required for new construction. Contact the PIC to see if these requirements apply to your property. Please note this is for the Planning Department's review fees only. Fees for review by the Building Department are available here. You may also call DBI at 558-6088.

Don't forget: Should the cost of staff time exceed the initial fee you paid, it is possible an additional fee for time and materials may be billed upon completion of the permit review process. Additional fees may also be collected for preparation and recordation of any documents with the San Francisco Assessor-Recorder’s office and for monitoring compliance with any conditions of approval.

Permit Review Process


1. Submittal

If you have already visited the Planning Information Center (PIC) at 1660 Mission Street and you are confident you have all the correct materials for your Building Permit Application, your next step is to submit your application materials & fees listed in Applying for My Permit & Paying Fees to the Department of Building Inspection (DBI) at 1660 Mission Street.

2. Screening

After initial screening of your application by DBI, the Planning Department will review the application to confirm it is complete for Planning Department requirements. If information is missing, or if corrections are needed, you will be asked to return with that information. If Neighborhood Notification is not required, planners at the Planning Information Center (PIC) will review the application to determine if it complies with the San Francisco Planning Code (view the code online) and is consistent with our Residential Design Guidelines and the additional regulations detailed above in Understanding What's Allowed. If so, it may be approved over-the-counter. If Neighborhood Notification is required, the application will be taken in and routed to an assigned planner at the Planning Department.

3. Plan Review

Similar to Screening in Step 2, when the Planning Department reviews your application, an assigned planner will determine if the application complies with the San Francisco Planning Code (view the code online) and is consistent with our Residential Design Guidelines and the additional regulations detailed above in Understanding What's Allowed. In addition, according to Planning Code Sections 311/312 Neighborhood Notification procedures, prior to filing any Entitlement Application (this includes but is not limited to Building Permits, Variances, and Conditional Use Authorizations) the project sponsor must conduct a minimum of one Pre-Application Meeting if the proposed scope of work triggers such a meeting. The triggers for the Pre-Application Process are explained in the Pre-Application Information Packet. Once the planner determines that your project is approvable, he or she will initiate the Neighborhood Notification process.

4. Notification

Neighborhood Notification entails mailing an announcement of your project to neighbors and neighborhood groups so that they, or any person, may voice concerns they have over the proposal or so that they may request a Discretionary Review (a hearing seeking denial of the project or changes to the proposal before the San Francisco Planning Commission). The permit is held by Planning for a 30-day period from the date of mailed notification to allow adequate time for public review of the proposal. During the notification period, any person may ask the San Francisco Planning Commission to exercise its power of Discretionary Review over the Building Permit Application.

You will meet with review staff from different departments as directed by DBI, who will check your construction documents to verify the proposed construction will meet the various City Municipal Codes (view all codes online). Staff from the following departments will check a typical Building Permit for new building construction in a commercial district (with or without demolition):

  • Department of Building Inspection (DBI)
  • Department of Public Works (DPW)/Bureau of Streets Management (BSM) (if use of streetspace/sidewalk is needed)
  • San Francisco Fire Department (depending on occupancy)
  • Public Utilities Commission (PUC)

Other agencies may be involved depending on the scope of your project.

When all the reviews are complete, the permit will be issued, and you can begin work. Note, there is a 15-day period after Building Permit issuance in which any party may appeal the permit to the Board of Appeals.

Inspections

Inspections of permitted work is the responsibility of the Department of Building Inspection. DBI's Inspection Services page explains their inspection function.

Applications & Handouts


Applications Mentioned On This Page

Handouts Mentioned On This Page

 
Last updated: 10/7/2013 8:27:20 PM