Unlawful Demolition Committee
BUILDING INSPECTION COMMISSION (BIC)
Department of Building Inspection (DBI)
NOTICE OF UNLAWFUL DEMOLITION COMMITTEE
SPECIAL MEETING
Friday, November 30, 2001 at 9:30 a.m. - 11:30 a.m.
Department of Building Inspection
1660 Mission Street, Room 2001, San Francisco, CA 94103
AGENDA:
(The BIC will take public comment on every item appearing on the agenda. Members of the public who address the Committee have the discretion on whether or not they wish to identify themselves for the record.)
1. Call to Order and Roll Call.
2. Discussion and possible action to review the proposal and recommend action to modify the current major alteration, minor alteration and unlawful demolition requirements. Exhibit A.
3. Discussion and possible action with respect to future schedule and plan to
implement changes to major alteration, minor alteration and unlawful
demolition:
a. Review proposal with various bodies, including Board of Supervisors
b. Workshops
4. Public Comment: The BIC will take public comment on matters within the
Committee’s jurisdiction that are not part of this agenda.
5. Review Commissioner’s Questions and Matters.
a. Inquiries to Staff. At this time, Commissioners may make inquiries to staff regarding various documents, policies, practices, and procedures, which are of interest to the Committee.
b. Future Meetings/Agendas. At this time, the Committee may discuss and take action to set the date of a future meeting and/or determine those items that could be placed on the agendas of the next or future meetings.
6. Adjournment.
Copies of all documents referred to in the agenda are available for public inspection and copying
between the hours of 8:00 a.m. - 5:00 p.m., Monday through Friday, at the Building Inspection
Commission, 1660 Mission Street, 6th Floor, San Francisco, CA 94103 and will be available at the
November 30, 2001 meeting. [Ann Aherne, 558-6164]
MEMBERS OF THE COMMITTEE DEPARTMENT & COMMISSION STAFF
Commissioner Bobbie Sue Hood Frank Y. Chiu, Director (415) 558-6131
Commissioner Rodrigo Santos Amy Lee, Assistant Director(415) 558-6250
Commissioner Debra Walker Jim Hutchinson, Deputy Director(415) 558-6142
William Wong, Deputy Director (415) 558-6139
Ann Aherne, Secretary (415) 558-6164
CITY ATTORNEY’S OFFICE REPRESENTATIVE
Judith Boyajian, Deputy City Attorney (415) 554-4636
KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE
(Chapter 67 of the San Francisco Administrative Code)
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards,
councils and other agencies of the City and County exist to conduct the people’s business. This ordinance assures that
deliberations are conducted before the people and that City operations are open to the people’s review.
The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited
at this meeting. Please be advised that the chair may order the removal from the meeting room of any person(s)
responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE, TO OBTAIN A
COPY OF THE SUNSHINE ORDINANCE, OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT DONNA HALL, ADMINISTRATOR, CITY HALL, ROOM 409, 1 DR. CARLTON B. GOODLETT PLACE, SAN FRANCISCO, CA 94102-4689. OFFICE (415) 554-7724, FAX (415) 554-7854, E-MAIL: DONNA_HALL @CI.SF.CA.US.
Copies of the Sunshine Ordinance can be obtained from the Sunshine Ordinance Task Force Office, the San Francisco Public Library and on the City’s website at sfgov.org
In order to assist the City’s efforts to accommodate persons with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products. Please help the City accommodate these individuals.
MISSION STATEMENT
As a policy-making and supervisory body mandated by the City Charter, the seven-member citizen Building Inspection Commission will manage the Department of Building Inspection and the bodies subordinate to the Commission by overseeing the effective, efficient, fair and safe enforcement of the City and County’s Building, Housing, Plumbing, Electrical and Mechanical Codes, along with Disability Access Regulations.
ACCESSIBLE MEETING INFORMATION POLICY
The meeting will be held at the Permit Center, located at 1660 Mission Street, 2nd Floor, Room 2001. The closest accessible BART station is the Civic Center Station at 16th and Mission Streets.
Accessible MUNI/Metro lines servicing this location are the J-Church, K-Ingleside, L-Taraval, M-Ocean View, and N-Judah at Van Ness and Civic Center Stations; 14-Mission; 14L-Mission, 26-Valencia, and 42-Downtown bus lines.
For information about MUNI accessible services call (415) 923-6142.
The meeting room is wheelchair accessible. Accessible curbside parking spaces have been designated on Mission Street in front of Discount Builders Supply for mobility-impaired persons. There is accessible parking available at the
side lot of 1660 Mission Street.
Accessible seating for persons with disabilities (including those using wheelchairs) will be available. Assistive Listening devices will be available at the meeting. A sign language interpreter will be available upon request. Agendas and Minutes of the meeting are available in large print/tape form and/or readers upon request. Please contact the Commission Secretary, Ann Aherne (415) 558-6164 at least 72 hours in advance of the meeting to request for these
services.
In order to assist the City’s efforts to accommodate individuals with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products. Please help the City to accommodate these individuals.
POLICY STATEMENT OF PUBLIC HEARING OR MEETING
Pursuant to Section 67.7-1(c) of the San Francisco Administrative Code, members of the public who are unable to attend the public meeting or hearing may submit written comments regarding a calendared item to the Interim BIC Commission Secretary, Ann Aherne, at 1660 Mission Street, 6th Floor, San Francisco, CA 94103 or at the place of the scheduled hearing before the proceedings begin. These written comments shall be made a part of the official public record
and these comments will be brought to the attention of the members of the Building Inspection Commission. [Twenty copies are necessary.]
POLICY STATEMENT OF PUBLIC COMMENT
Pursuant to Section 67.16 of the San Francisco Administrative Code, each member of the public may address the Commission once for up to three minutes on any agenda item.
SAN FRANCISCO LOBBYIST ORDINANCE
Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Administrative Code Sec. 16.520-16.534] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 1390 Market St. #701, SF, CA 94102 or (415) 554-9510 voice, or (415) 703-0121 fax, or http://sfgov.org/ethics web
EXHIBIT A
Memorandum
Date: November 7, 2001
To: All Interested Parties
From: Working Group
Re: Unlawful Residential Demolition
and Exterior Alteration Permit Procedure Revisions
As part of the review by the Building Inspection Commission’s Committee on Unlawful Residential Demolition, a working group was formed to review the current problems with enforcement and to suggest changes to codes and procedures to assure adequate public notice and participation in the permit process.
This is a working document to address necessary changes to Unlawful Residential Demolition and, as a result of these issues, to concerns regarding notice to neighbors and other interested parties. Participants in the development of this draft have included representatives of the Building and Planning Departments, architects and engineers, neighborhood groups, historic preservationists, construction trade representatives, and others.
This is a draft for discussion and represents a general consensus, although not
complete agreement, by persons involved in this development.
Next Steps in the Development of these Revisions
- Meeting on November 30 at BIC
- Joint Meeting with Planning and Building to yield consensus documents intended to result in code amendments, procedures and interpretations
- Review and formal action by Planning, Building Commissions and Board of Supervisors
Items for Continued Discussion include:
- Burdens on small project sponsors
- Amount of discretion on the part of Building and Planning Departments
- Violation process and penalties
- Staffing and budget implications for both Building and Planning Departments
The following items will be added in future discussions of possible code/policy changes:
- Unsound building reports
- Additional historic building issues
- Building interiors
Draft for Discussion
November 7, 2001
Proposal For:
Major Exterior Alterations and Unlawful Demolitions to Residential Buildings
THE PROPOSAL:
This proposal is offered to modify the current Unlawful Residential Demolition requirements, as described in Section 103.3 of the San Francisco Building Code and various sections of the San Francisco Planning Code by introducing procedures and code changes necessary for reviewing Major Exterior Alterations. We believe that the Building Inspection Commission and the Planning Commission need to jointly review these proposals and consult with neighborhood groups and other interested parties regarding changes to this proposal. Both Commissions should determine which aspects of this proposal should result in changes to the Building and Planning Codes and which should be changes to policies and procedures.
PROBLEMS WITH CURRENT REGULATIONS:
Because of vague and potentially contradictory language, it is difficult to enforce some provisions of Section 103.3 of the San Francisco Building Code where it is necessary to determine if a "principal portion" of a building is being removed, or if "the total tearing down or destruction of a building" is part of a proposed major alteration of a building.
Either of these two events would result in the project being defined as a demolition.
With some alteration projects, more than one permit application is applied for, resulting in a cumulative effect that constitutes a demolition, without being properly reviewed as such.
The San Francisco Planning Code has many references to the word "demolition", however it is often in conflict with the San Francisco Building Code. Additionally, only those residential projects resulting in a vertical or horizontal expansion require notification of neighbors under the Section 311 and 312 programs. Some residential projects that include major alterations without increases to the height or depth of a building have an impact on neighboring properties that should be reviewed by interested parties.
GOALS:
1. Develop clear new definitions and regulations for major alterations to all residential structures and mixed-use structures containing residential units.
2. Prevent the circumvention of the intent of the code through the granting of serial alteration permits for residential properties.
3. Provide clear application and notice requirements to project sponsors, so it is easy to determine whether a project would be defined as a major alteration.
4. Provide clear, complete and timely notice of all the changes that are proposed to all neighbors within the same distance as projects proposed for demolition.
5. Provide a clear permit application and review procedure so that project applicants, staff, neighbors and other interested parties can proceed with assurance.
6. Provide permit application procedures for on going projects where the scope changes or is increased from previously approved permit applications.
7. Ensure strict enforcement and penalties for noncompliance of these regulations.
DEFINITIONS:
1. Retain definitions of "Demolition" as described in the San Francisco Building Code.
2. Add: New definition for "Major Exterior Alteration" as the removal of 2/3 or more of the exterior walls of a building, cumulative within a three year period.
AFFECTED PROJECTS:
1. The definition above shall apply to all residential projects within a three-year cumulative period starting in January 1999.
APPLICATION PROCEDURES:
1. Institute a new application form for residential projects that covers minor alterations, major exterior alterations and demolitions.
2. Items to be reviewed in the application (in addition to items that would be carried forward from the current FORM 3 application form (in the form of an application checklist):
a. Whether project includes horizontal, vertical or both horizontal and vertical addition.
b. Location and amount of removal of external walls resulting in definition of Major Alteration.
c. Detailed description of project scope.
d. Detailed list of all work done under previous permits, including revisions to permits over the previous 3 years.
e. Signature of project applicant stating that he/she understands all conditions, requirements and penalties.
f. Name and telephone number of contact person for applicant.
g. Signature by the district inspector verifying that a pre application inspection has occurred (required under major alterations and demolitions only).
3. Items to be included by project sponsor with the new application in addition to those already required in the current FORM 3 applications:
a. Notification map showing properties to be notified, including a clearly legible reduced site plan on 11"x17" page, used as part of the notification package.
b. Separate floor plans (all to be provided at the same scale with readable measurements) showing:
1. Existing conditions
2. Areas to be removed (demolition plans)
3. Proposed new floor plans
c. Separate existing and proposed exterior elevations. Exterior elevations shall include diagram and calculations showing amount of removal of exterior walls.
Each drawing shall also be submitted on clearly legible reduced 11"x17" pages
with readable measurements, used as part of the notification package.
d. Adjacent building footprint, height and location of windows facing the subject property shown as part of the package listed in paragraphs "a" and "b".
e. 8"x10" color photographs of all exposed sides of the subject building.
f. 8"x10" color photographs of front, rear and exposed adjacent sides of adjacent buildings.
4. Routing of applications shall be similar to that of current "site permit" and "structural addendum" procedures set forth in Section 311/312 projects, except for the following:
a. Verification of existing conditions shall be conducted prior to issuance of the building permit by the District Building Inspector during a pre construction site visit.
b. No work shall begin under the issued permit until after the 15-day appeal period has passed. A permit will be suspended until the conclusion of any permit appeal.
NOTIFICATION PROCEDURES:
1. Parties to be notified: Owners and tenants of properties within a 300 ft. radius of the subject property.
2. Others to be notified: Interested parties and neighborhood organizations registered with the Department of City Planning.
3. Notification package:
a. Readable 11"x17" drawings with all dimensions legible, required as part of the permit application.
b. Project checklist, outlined in the application procedures listed above (this includes the name and telephone number of the contact person for the project sponsor).
c. The name and telephone number of project planner at the Department of City Planning assigned to the application.
d. A form that can be filled out by a recipient of the notification package and sent back to the Department of Building Inspection requesting notification of subsequent revisions and related building permit applications.
e. Description of notification package recipients’ rights to additional information, rights to request discretionary review by the Planning Commission and rights to appeal to other Boards or Commissions.
4. Posting shall be similar to current requirements for Section 311 projects, including 11"x17" sign with information on appeals.
CHANGES TO THE PREVIOUSLY APPROVED SCOPE OF WORK:
1. Any increases to the previously approved height, depth, or allowable obstructions parapets, penthouses, means of egress, etc.) would require a new permit application with a new notification package and procedure. The length of the waiting period of for this additional notification would be at the discretion of the Zoning Administrator.
2. Any changes to the previously approved application that would require a new permit application and where there is no change to the previously approved building envelope would require notification to those interested parties that registered at the time of the initial notification. A 10-day hold on the permit application would occur as a result of this notification.
PENALTIES FOR VIOLATION:
1. Grounds for violation:
a. Demolition without a permit.
b. Work without a permit.
c. Work which exceeds changes to the building envelope under an active permit.
2. Penalties and procedures:
a. Demolition: 10% of construction cost or $5,000.00, whichever is greater.
b. Work without permit bringing project over the threshold to require notification of neighbors:
1. Stop all work and secure the property until a new permit has been issued.
2. Remove all work that exceeds the previously approved scope of work and restore to the preexisting approved condition.
3. Discretionary penalty of $500.00/day*/violation per San Francisco Building Code Section 103.
c. Work after permit application that included notification of neighbors is issued which exceeds the approved permit:
1. Stop all work on areas that exceed the originally approved work and remove or restore these areas to the preexisting approved condition. Discretionary referral of contractor to Contractor’s State License Law for violation of Section 7090 and 7110. Discretionary penalty of $500.00/day*/violation per San Francisco Building Code Section 103 or 10% of construction cost or $5,000.00, whichever is greater.
d. Work by individuals that are subject to violations listed above in Paragraph1 (a), (b) and (c) above and who have been repeat violators: Discretionary referral of contractor to Contractor’s State License Law for violation of Section 7090 and 7110. Discretionary penalty of 1,500.00/day*/violation per San Francisco Building Code Section 103 or 10% of construction cost or $15,000.00, whichever is greater.
- $$/day includes the count of days including the day the violation is cited.
EXPIRED PERMITS:
Permits will be valid up to three years, using the current expiration and extension codes. A permit may not be renewed or extended after three years. It must be reapplied for and re noticed unless work is substantially complete. Substantial completion is defined as a project where all inspections have been conducted and approved less the final inspections.