Eastern Neighborhoods Amnesty Program - FAQs

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Amnesty Program FAQs

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Who received the "Notification of Planning Department Amnesty Program" Letter?

This letter was mailed to all property owners within the MUG, MUO, MUR, UMU, South Park, SLI, PDR-1-G, and PDR-1-D Zoning Districts, regardless of the uses or conditions on the property. The letter was specific to each zoning district, so as to be able to specifically state which uses were eligible to apply for amnesty.

What is the intent of the Amnesty Program?

As a result of the Eastern Neighborhoods Plan, certain land uses that were previously permitted are no longer permitted. The purpose of this Amnesty Program is to establish a time-limited opportunity whereby existing uses that have operated without the benefit of required permits may seek those permits. Only those uses which could have been permitted before the Eastern Neighborhoods Plan may seek amnesty under this Program.

Who is eligible to apply for participation in the Amnesty Program?

The amnesty program only applies to uses that meet all of the following conditions:

• The use exists as of the date of the application;
  
  
• The use does not have proper permits from the Planning Department and/or Department of Building Inspection;
  
  
• The use would both (1) have been principally permitted or permitted with Conditional Use authorization under provisions of the Planning Code that were effective on April 17, 2008 (prior to the Eastern Neighborhoods Plan) and (2) not be permitted under current provisions of this Code (see below for a list of such uses);
  
  
• The use either:
  • has been regularly operating or functioning on a continuous basis since January 19, 2007; or
  • has been functioning in the space since at least April 17, 2008, and is associated with an organization, entity or enterprise which has been located in this space on a continuous basis for no less than 2 years prior to the effective date of this Section;
    
    
• The use is not accessory to any other use; and
  
  
• The use is not discontinued and has not been abandoned pursuant to the provisions of Section 183 that would otherwise apply to nonconforming uses.

How do I know if my use is properly permitted?

Property owners are responsible for ensuring that all uses on their property have the proper permits. Should you desire additional information regarding permit history, call the Planning Department's Planning Information Counter (PIC) at 415-588-6377, or visit the PIC at 1660 Mission Street, San Francisco, on the ground floor. Staff at the PIC may direct you to the Department of Building Inspection (DBI), which maintains records of all issued permits. DBI can be reached directly at 415-558-6088. If the records are not clear, you may be required to apply for a Letter of Determination from the City's Zoning Administrator.

What are the ramifications of not having properly permitted uses?

Uses that are not properly permitted by the Planning Department are subject to enforcement, including fines and City action to terminate the use.

Can the use applying for amnesty be located any where in the City?

No, the use applying for amnesty must be located in one of the following zoning districts: Mixed Use – General (MUG), Mixed Use – Office (MUO), Mixed Use – Residential (MUR), Urban Mixed Use (UMU), South Park, Service/Light Industrial (SLI), PDR-1-General (PDR-1-G), or PDR-1-Design (PDR-1-D).

How do I know if my use would have permissible under provisions of the Planning Code that were effective on April 17, 2008, but is no longer permissible?

The list of such uses was included in the letters sent to property owners, (available by clicking on each of the links below). By district, this list includes:

• Mixed Use – General: offices of design professionals, automobile parking lots, and self-storage facilities, and spaces that are now used for a given use (such as an office) but which were previously permitted as another use (such as a business service or a video production facility).
  
  
• Mixed Use – Office: automobile parking lots, self-storage facilities, and spaces that are now used for a given use (such as an office) but which were previously permitted as another use (such as a business service or a video production facility).
  
  
• Mixed Use – Residential: automobile parking lots, self-storage facilities, and spaces that are now used for a given use (such as an office) but which were previously permitted as another use (such as a business service or a video production facility).
  
  
• Urban Mixed Use: offices, hospitals, medical centers, parking lots, vehicle storage, self-storage facilities, hotels, massage parlors, mortuary establishments, life science laboratories, and internet service exchange facilities, and spaces that are now used for a given use (such as an office) but which were previously permitted as another use (such as a business service or a video production facility).
  
  
• South Park: automobile parking lots, automobile parking garages, self-storage facilities, and spaces that are now used for a given use (such as an office) but which were previously permitted as another use (such as a business service or a video production facility).
  
  
• Service/Light Industrial: spaces that are now used for a given use (such as an office) but which were previously permitted as another use (such as a business service or a video production facility).
  
  
• PDR-1-General: offices, dwelling units, hotels, hospitals, medical centers, residential care facilities, child care facilities, schools, large churches, retail uses over 2,500 square feet per parcel, self-storage facilities, life science laboratories, internet service exchange facilities, and various heavy manufacturing, distribution, storage uses, and spaces that are now used for a given use (such as an office) but which were previously permitted as another use (such as a business service or a video production facility).
  
  
• PDR-1-Design: offices, dwelling units, hotels, hospitals, medical centers, residential care facilities, child care facilities, large schools, large social service operations, large churches, retail uses over 5,000 square feet per parcel, self-storage facilities, automobile parking lots, automobile sales, mortuaries, life science laboratories, commercial wireless transmitting facilities, internet service exchange facilities, various heavy manufacturing, distribution, and storage uses, and spaces that are now used for a given use (such as an office) but which were previously permitted as another use (such as a business service or a video production facility).

What if my use was permissible under provisions of the Planning Code that were effective on April 17, 2008 and is still permissible?

Such uses do not need to apply to participate in the Amnesty Program. However, these uses are nontheless operating illegally and should come to the Planning Department at any time to seek the required permits. However, until proper permits are received, such uses are subject to enforcement actions by the Planning Department.

How do you apply for participation in the Amnesty Program?

To apply, submit the following to the Zoning Administrator at 1650 Mission St., 4 th Floor, San Francisco, CA 94103.

1. A cover letter initiating your application under the amnesty program;
   
   
2. Floor plans for the entire property along with a specific identification of the space(s) proposed for amnesty;
   
   
3. Evidence supporting the eligibility criteria described above, which may include but is not necessarily limited to: rental or lease agreements, building or other permits, utility records, business licenses, or tax records; and
   
   
4. Notification materials, including a list of all property owners within 300 feet of the subject property and a list of all current occupants of the property.
   
   
5. A check for $535.50 (the fee for a Zoning Administrator Letter of Determination) written to the Planning Department, to cover staff time associated with the review of your application. An additional fee may also be charged to cover any unforeseen time and materials associated with completing review of your application.

How long is the Amnesty Program in effect for?

The Amnesty Program will run through January 19, 2012. After that time, no further applications for amnesty will be accepted.

How many times can a property owner apply to participate in the Amnesty Program?

Only one application may be made per parcel for the duration of the program.

How is amnesty granted?

The Zoning Administrator will determine whether a use qualifies for participation in the Amnesty Program, using the criteria described above (under "Who is eligible to apply for participation in the Amnesty Program?). If the Zoning Administrator determines that a use qualifies for the Amnesty Program, then the use will be required to receive required permits in the following fashion:

• Uses that were principally permitted (with the exception of offices over 50,000 square feet) before April 17, 2008 may seek the necessary permits and/or entitlements in order to legally establish the use.
  
  
• Office uses that would have required an office allocation of 50,000 or more gross square feet may seek such authorization pursuant to the requirements of Section 321; however, no application may be acted on by the Planning Commission until the close of the Amnesty Program, on January 19, 2012. After that time, Planning Department staff shall take all reasonable steps to schedule pending eligible applications for Planning Commission review based on the order in which a project's determination of eligibility was issued.

What fees must be paid by uses that are granted amnesty?

Uses that are granted amnesty shall pay all current application and impact fees set forth in Article 3 and elsewhere in the Planning Code.

What Section of the Planning Code discusses the Amnesty Program?

The Amnesty Program is detailed in Section 179.1 of the Code, entitled "Legitimization."

How do I find out more about the Eastern Neighborhoods Plan?

Visit the Eastern Neighborhoods website at http://easternneighborhoods.sfplanning.org.

What is the definition of office?

The Planning Code's definition of an office (Section 890.70) is below. As part of the Eastern Neighborhoods Plan, this definition was broadened to include uses that may previously have been permitted as "business service," video production, or other similar uses.

Office Use

(a) "Office use" shall mean space within a structure or portion thereof intended or primarily suitable for occupancy by persons or entities which perform, provide for their own benefit, or provide to others at that location services including, but not limited to, the following: Professional; banking; insurance; management; consulting; technical; sales; and design; and the non-accessory office functions of manufacturing and warehousing businesses; all uses encompassed within the definition of "office" in Section 219 of this Code; multimedia, software development, web design, electronic commerce, and information technology; all uses encompassed within the definition of "administrative services" in Section 890.106 of this Code; and all "professional services" as proscribed in Section 890.108 of this Code excepting only those uses which are limited to the Chinatown Mixed Use District.

(b) "Office use" shall exclude: retail uses; repair; any business characterized by the physical transfer of tangible goods to customers on the premises; wholesale shipping, receiving and storage; and design showrooms or any other space intended and primarily suitable for display of goods.

What's a design professional?

As defined in the Planning Code (Section 890.28), a design professional is:

“An office use which provides professional design services to the general public or to other businesses and includes architectural, landscape architectural, engineering, interior design and industrial design services. It does not include (1) the design services of graphic artists or other visual artists which are included in the definition of arts activities described in Section 102.2 of this Code; (2) the services of advertising agencies or other services which are included in the definition of professional service activities described in Section 890.108 of this Code or administrative services, financial services or medical service activities as identified in Sections 890.106, 890.110 or 890.114 of this Code.”

Is my home office legal?