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Planning Commission backs Phase 1 of broad planning-code changes covering signs, bike parking, TDRs and limited commercial uses

San Francisco Planning Commission · March 1, 2012
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Summary

The commission approved a set of Phase 1 planning-code modifications — clerical fixes and changes to transfer-of-development-rights, limited commercial uses, bike parking and signs/awnings — and directed staff to return Phase 2 and Phase 3 items in April.

The San Francisco Planning Commission on March 1 approved a first-phase package of planning-code changes that staff and the Board of Supervisors’ office framed as edits and clarifications intended to streamline rules on signs, awnings, bike parking, limited commercial uses and the transfer of development rights (TDRs).

The package — described by planning staff as largely clerical and modest technical changes — was presented by Aaron Starr of the Planning Department, who asked the commission to adopt modifications now and let remaining, more complex topics return for further hearings. Starr summarized five topics the department considered Phase 1: clerical/minor corrections, TDR adjustments, limited commercial-use (LCU) rules, bike-parking rules and sign/awning/canopy regulations.

Why it matters: The edits aim to reduce ambiguity in the code and to remove technical barriers that staff said were blocking predictable outcomes on appeals and projects. Starr told commissioners the TDR change would make transfers easier within C3 districts and said the department keeps a tracking system for TDR credits. On bike parking, staff proposed exempting bike parking from gross floor area calculations and extending requirements so some large change-of-use projects and hotels must provide bike parking.

Commissioners pressed staff on several specifics. Commissioner Miguel asked whether EIR mitigations are monitored after project approval and requested a report-back; Starr said implementation and monitoring questions were reasonable topics for future informational items. Commissioners asked how the code treats nonconforming and historic signs; staff noted vintage-sign protections remain available but that changing sign copy generally triggers conformance with current code. Staff also recommended that fines collected for bike-parking enforcement be retained by the Planning Department rather than directed to the MTA bicycle program.

On aesthetics and enforcement, commissioners asked for clearer definitions of when a business has "ceased operation" (the trigger for requiring removal of nonconforming signs) and worried that cosmetic logo or color updates should not automatically force removal of longtime signs. The commission amended the staff recommendation to exclude purely cosmetic logo changes from automatic sign-removal triggers and to require explicit time limits and enforcement procedures for temporary event signage (for example, America’s Cup signage on the Embarcadero).

The vote and next steps: Commissioner Miguel moved to approve the Phase 1 package (with the clarified exceptions for cosmetic sign changes and explicit temporary-sign enforcement timing); Commissioner Wu seconded. The motion passed unanimously. Commissioners set Phase 2 for April 5 and Phase 3 for April 12 to consider the remaining items the staff grouped for later hearings.

What wasn’t decided: Larger or more controversial items — including certain district-specific uses, some waterfront and SUD (Special Use District) changes and limited corner commercial use (LCCU) matters — were left for Phase 2 and Phase 3. The commission and staff agreed to provide clearer, topic-by-topic materials, visuals and memos in advance so commissioners and the public can better evaluate changes.

Staff and public documents for the ordinance remain part of the record and staff will return with the phased materials and any requested clarifying memos or visual examples.