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What is Discretionary Review (DR)?
Discretionary Review (DR) is the Planning Commission's authority to review projects that comply with the Planning Code and take action if it is found that the case demonstrates an exceptional and extraordinary circumstance. Currently anyone can file a DR Application on any building permit, and have that project brought before the Planning Commission for a public hearing and review.
Conceptually, DR is a second look – with the opportunity for public participation – at building permit applications that have already been determined to comply with Planning Code standards and applicable design standards. The idea is that additional scrutiny by the Planning Commission might be necessary in some cases to judge whether the design guidelines were interpreted correctly or whether there are circumstances unique to a case that warrant further modifications of the proposed project, beyond the standards of the Code and applicable design guidelines.
What's wrong with DR, why does it need to be reformed?
Currently, anyone for any reason can file a DR application and bring a project before the Planning Commission for a public hearing. While this ensures that neighbors' concerns are given adequate attention and provides an opportunity for public participation and can result in improved projects receiving DR; the current DR process allows non-planning related issues- such as the loss of a private view- and issues that do not rise to the level of exceptional and extraordinary—such as minor shading of someone's rear yard—to be given a public hearing at the Planning Commission. Furthermore, the DR process does not produce consistent or fair results in that a project that is DR'd may be treated differently than the same project that does not receive a DR; it makes the development process more lengthy and costly for all involved and takes time away from the Commission to address larger planning issues.
Was there public involvement in the reform process?
Yes, the Planning Department did extensive outreach to the various stakeholders in the reform development process (i.e. neighborhood groups, architects, project sponsors, etc.). Several outreach meetings were held and the Department engaged in and continues to engage in a dialog with neighborhood groups and other stakeholders about DR Reform and other related issues. The Planning Commission held public hearings receiving in excess of 10 hours of public comment. For a more complete breakdown of the process and the public outreach conducted please follow this link.
What is the definition of "Exceptional and Extraordinary"?
Until the Planning Commission adopted the DR Reform Package, there was no clear definition of what constitutes "exceptional and extraordinary circumstances." As part of DR reform the Commission defined exceptional and extraordinary circumstances as the following:
"Exceptional and extraordinary circumstances occur where the common-place application of adopted design standards to a project does not enhance or conserve neighborhood character, or balance the right to develop the property with impacts on near-by properties or occupants. These circumstances may arise due to complex topography, irregular lot configuration, unusual context or other conditions not addressed in the design standards."
What are the main aspects of the new reform package?
- Strengthen pre-application meeting requirements, broaden the project types that require pre-application, and make consistent the scope and type of information exchanged at those meetings to improve communication between project sponsors and their neighbors;
- Improve the Department's internal design review process to provide balanced, transparent, and consistent application of the Planning Code and design standards;
- Improve public information about the Discretionary Review process in general, and provide access to project-specific information on-line;
- Define "exceptional and extraordinary circumstances" in the context of Discretionary Review;
- Use the definition of "exceptional and extraordinary circumstances" to allow only those projects that could meet exceptional and extraordinary standards to proceed to a Commission hearing (applications where the standard was not met could be appealed to the Board of Appeals);
- Ensure that cases heard by the Commission are identified either as one-of-a-kind, or a representative of a policy issue that should be incorporated into design standards;
- Offer interested parties the option of "Reconsideration" whereby they can request that the Department can be requested to re-examine a project without having to find exceptional and extraordinary circumstances, if it is believed that the Department made an error. If the Department misapplied the Planning Code or design standards, the project would be modified and the $300 fee would be refunded to the requestor;
- Adopt timelines for review, response and hearing of Discretionary Review requests; and
- Specify a 24-month (2-year) trial period, and at the 18-month point initiate a public evaluation of the efficacy and effectiveness of the reforms, and at the two year mark, the Commission would continue, modify, or discontinue the policy.
What policies are now in effect?
The policies that are now in effect are those that did not require a change in legislation. Those that do require legislation must be approved by the Board of Supervisors and signed into law by the Mayor. The aspects of the reform package that are now in effect include:
- The revised pre-application meeting requirements,
- Mandatory review by the Planning Department's Residential Design Team (RDT) of all projects that exceed certain quantitative triggers.
- Mandatory review of all DR Applications by the RDT so that the RDT can make a recommendation to the Planning Commission regarding the DR Application.
- The RDT documents all of its decisions and makes those available to the public for review.
- A mandatory 90-day timeline for DR applications to be heard by the Planning Commission.
- The definition of "exceptional and extraordinary circumstances"
What is a pre-application meeting?
A pre-application meeting is a meeting held by the project sponsor before they submit their building permit application or other entitlement application (i.e. Variance or Conditional Use) to the Planning Department. The intent behind the pre-application meeting is to initiate neighbor communication in order to identify potential issues and concerns early on; provide the project sponsor the opportunity to address neighbor concerns about the potential impacts of the project prior to submitting an application; and to reduce the number of Discretionary Review request that are filed.
Not all projects are subject to a pre-application meeting. Projects that require pre-application meetings include:
- New Construction (subsequent to a demolition or on an undeveloped portion of the lot);
- Vertical additions that add 7 or more feet to an existing building height;
- Horizontal additions that add 10 or more feet to an existing building depth at any level;
- Decks that are subject to Section 311 or 312 Notification.
- New Formula Retail Uses
This process is not intended to be a forum in which to discuss personal choices of property owners, programmatic issues, aesthetic preferences or rationale for development.
What are the Residential Design Standards?
The Residential Design Standards (previously known as the Residential Design Guidelines) articulate expectations regarding the character of the built environment and are intended to promote design that will protect neighborhood character, enhancing the attractiveness and quality of life in the City. The Guidelines address basic principles of urban design that will result in residential development that maintains cohesive neighborhood identity, preserves historic resources, and enhances the unique setting and character of the City and its residential neighborhoods. The Guidelines also suggest opportunities for residential designs to further San Francisco's goal of environmental sustainability.
What is the Residential Design Team (RDT)?
The Residential Design Team (RDT) is made up of eight staff planners – all with design experience and extensive experience at the Planning Department – that review projects to ensure that they comply with the Residential Design Guidelines (RDG). All of the RDT's decisions are documented and will be available to the public on-line in the near future. The RDT meets each week and reviews approximately four projects per meeting.
Can I attend a Residential Design Team (RDT) Meeting?
No, the Residential Design Team is a Planning Department staff review body that reviews projects to make sure that they comply with the Residential Design Standards. All of the RDT's decisions are documented and made available for public review.
How will this new process affect my application currently under review?
If you submitted your project on or after July 20, 2009, you are required to follow the new pre-application process. Any permit subject to pre application that does not have the required materials or use the required forms will be held by the Department until such time as those materials are provided. If your project is already under review it will be reviewed by the Residential Design Team if it exceeds certain triggers.
If a DR is filed on your project, the case will still go to the Planning Commission for a public hearing; however, prior to the Commission hearing the DR application will be reviewed by the RDT and the RDT will make a recommendation to the Planning Commission as to whether or not exceptional and extraordinary circumstances exist.
Will this change how the Planning Department reviews permits?
Yes. The intent behind DR reform is to provide more certainty and consistence in the Planning Department's permit review process. Therefore, more projects will be required to be reviewed by the Residential Design Team (RDT). Projects that may not have been reviewed by the RDT in the past may now require RDT review; however the Department has increased the number of time slots for RDT review to ensure that there is no added delay in processing permits.
Will DR Reform change the 311 Neighborhood Notification process?
No. DR Reform does not change the 311 Neighborhood Notification process. However, there is an effort underway at the Planning Department (the Universal Planning Notification Project, UPN) seeking to simplify the various notification requirements in the Planning Code. For more information on this process, please contact Scott Sanchez at 558-6326, scott.sanchez@sfgov.org, or visit the UPN web site.
What is a Request for Reconsideration?
A request for reconsideration is a mechanism that allows anyone to request that the Department re-examine a project because they believe the Department made an error in reviewing an application. If the Department misapplied the Planning Code or design standards, the project would be modified and the fee of $300 would be refunded to the requestor. It is different than a Discretionary Review request in that the requestor does not need to demonstrate that an exceptional and extraordinary circumstance exists.
After the 2-year trial period, what are the Department's measurements of success?
The Department's proposed measures are:
- Improved community engagement in the process
- Reduction in DR filings and DR hearings
- Commission hearings within 90 days for all projects that meet the exceptional or extraordinary criteria
- Resolution of policy questions through public outreach meetings ("brown bag discussions") and quarterly reports.
- Positive feedback from all interested parties (community, design community, Planning Commission, etc.)
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