Statement of Eligibility for Transferable Development Rights
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1 APPLICATION PACKET FOR Statement of Eligibility for Transferable Development Rights Planning Department 1650 Mission Street Suite 400 San Francisco, CA T: F: This is an application to the Zoning Administrator for determination of whether the lot is a Transfer Lot and the amount of transferable development rights available for transfer specifically provided for in Section 128 of the Planning Code. This application contains general information about the Statement of Eligibility, stepby-step instructions on how to file a Statement of Eligibility application to the Zoning Administrator and all the necessary forms. Planning Department staff are available to advise you in the preparation of this application. Call (415) for further information. GENERAL INFORMATION: Transferable Development Rights are units of gross floor area that may be transferred from one lot to another within C-3 Zoning District per the provisions of Section 128 of the Planning Code. Each one square foot of gross floor area is one unit of TDR. Transferring unused or excess TDR units allows a structure on a Development Lot to be built that exceeds the basic floor area ratio and, in return, enables the Preservation Lot to sell excess TDR units as an extra financial incentive towards the preservation of that structure. The process involves three steps, each step involving the submittal of an application to the Department and the ultimate recordation of a legal document that is signed by the Zoning Administrator. These steps are: 1. Statement of Eligibility Application and Document 2. Certificate of Transfer Application and Document 3. Notice of Use Application and Document Applications can be found at the Planning Information Counter or on the Department s website. Please refer to the current Fee Schedule, as set forth by Section 353(d)(6)-(8) of the Planning Code, for appropriate fees for each application type. WHAT IS A STATEMENT OF ELIGIBILITY? A Statement of Eligibility is the first step in a three-step process to determine the amount of TDR units available on the Preservation Lot. A Preservation Lot may also be referred to as a Transfer Lot. A parcel of land that is considered a Preservation Lot is a parcel of land located within a C-3 zoning district and contains either: 1. a Category I, II, III, or IV building per Article 11 of the Planning Code; 2. a landmarked structure per Article 10 of the Planning Code; or 3. a Category V building that has complied with the eligibility requirements set forth in Article 11 of the Planning Code.
2 The Statement of Eligibility Process 1. Gather the information needed to complete the attached form, including all of the items indicated on the checklist. Complete all blanks on the application form. If you need help, you may call or visit the Planning Information Center (on the First Floor), 1660 Mission Street; Telephone No. (415) ; open Monday through Friday. Because there may be a substantial wait at the Planning Information Center, it is best to research and gather as much information as possible, complete the application to the best of your ability and have all your questions ready before contacting the Information Center. 2. To file the completed application, call our Application Intake Scheduler at (415) at least one week in advance to make an appointment with an intake planner, which generally occurs every Wednesday. If the Application Intake Scheduler is unavailable, please leave a message providing the following information: your request to make an appointment to submit an application what type(s) of application(s) you want to file your name or the name of your agent, and the telephone number at which you or your agent can be reached during regular business hours, also fax number and address, if you wish. Our application intake scheduler will call you or your agent to set up the appointment. 4. The Zoning Administrator (ZA) or his/her designee reviews the complete application to determine whether the lot qualifies as a Transfer Lot, if so, arrives at the amount of TDR units available for transfer, then the Statement of Eligibility Document is prepared and signed by the ZA. 5. Any appeal of the proposed Statement of Eligibility Document shall be filed with the Board of Permit Appeals within 20 days of the date of issuance of this statement. If not appealed, the proposed Statement of Eligibility shall become final on the 21st day after the date of issuance; at such time the Applicant shall proceed to pick up the document for recordation at the Office of the County Recorder. 6. A certified copy of the original recorded Statement of Eligibility shall be returned to the ZA. 7. Alteration of the gross floor area of any building on the Transfer Lot may decrease the amount of TDR available and require an amendment to this Statement of Eligibility. 8. All information and exhibits submitted in connection with this application will be retained as part of the permanent public record in this case. The permanent public record is subject to the Public Record Act and made available to any person upon request. 3. At the designated time and date, bring all the materials indicated on the checklist with you to your appointment with the intake planner. This planner will discuss the basic elements of the case with you, make similar preparations, and accept the application fee. See the Planning Department s fee schedule for the applicable fee. If your application is deemed incomplete by the Application Intake Planner, a new appointment will be set up for you to return with the completed information. If you cannot make it to a scheduled appointment, please call our Application Intake Scheduler at (415) at least 24 hours prior to the scheduled appointment to cancel. SAN FRANCISCO PLANNING DEPARTMENT V
3 Application for Statement of Eligibility for Transferable Development Rights CASE NUMBER: For Staff Use only APPLICATION FOR Statement of Eligibility for Transferable Development Rights 1. Owner/Applicant Information PROPERTY OWNER S NAME OF RECORD: ADDRESS: ZIP CODE: TELEPHONE: ( ) APPLICANT S NAME: Same as Owner ADDRESS: ZIP CODE: TELEPHONE: ( ) CONTACT FOR PROJECT INFORMATION: Same as Applicant Same as Owner ADDRESS: ZIP CODE: TELEPHONE: ( ) 2. Location and Classification STREET ADDRESS OF LOT: ZIP CODE: CROSS STREETS: LEGAL DESCRIPTION OF LOT (ADDITIONAL SHEETS MAY BE ATTACHED IF NECESSARY): ASSESSORS BLOCK/LOT: LOT DIMENSIONS: LOT AREA (SQ FT): ZONING DISTRICT: HEIGHT/BULK DISTRICT: / ARTICLE 10 CLASSIFICATION: ARTICLE 11 CLASSIFICATION:
4 3. Gross Floor Area a. Total area (square feet) within building envelope(s): b. Total area (square feet) not included within gross gloor area: c. Gross floor area of existing building(s): 4. Prior Transfers Affecting TDR No TDR have been transferred, including transfers authorized pursuant to City Planning Code Section 127, except the following (additional sheets may be attached if necessary): 5. TDR Calculations a. Base floor area ratio (FAR) of Zoning District: b. Total area (square feet) of Lot: c. Amount (from 3c) of gross floor area (square feet): d. Estimated amount of TDR available (5a X 5b - 5c = TDR): Applicant s Affivdavit Under penalty of perjury the following declarations are made: a. The undersigned is the owner or authorized agent of the owner of this property. b. The information presented is true and correct to the best of my knowledge. c. The other information or applications may be required. Signature: Date: Print name, and indicate whether owner, or authorized agent: Owner / Authorized Agent (circle one) 4 SAN FRANCISCO PLANNING DEPARTMENT V
5 Application for Statement of Eligibility for Transferable Development Rights CASE NUMBER: For Staff Use only Statement of Eligibility Application Submittal Checklist The intent of this application is to provide the Zoning Administrator with sufficient information to understand and calculate the amount of TDR available for transfer. Receipt of the application and the accompanying materials by the Planning Department shall only serve the purpose of establishing a Planning Department file for the proposed project. After the file is established, the Zoning Administrator or his/her designee will review the application to determine whether the application is complete or whether additional information is required for the Statement of Eligibility process. The checklist is to be completed by the applicant or authorized agent and signed by a department staff member. Checklist REQUIRED MATERIALS NOTES Application, with all blanks completed 300-foot radius map Address labels (original) Address labels (copy of the above) Site Plan at 1/8 or 1:10 scale Floor Plans. All plans shall include: 1/8 scale Labels of all uses of floor space Shaded areas not included in gross floor area calculations (see Planning Code Section 102.9) Elevations Prop. M Findings Photographs (within one month of application submittal) Check payable to Planning Dept. Original Application signed by owner or agent Letter of authorization for agent signed by owner, if applicable Other: Set of calculations certified by an architect or engineer licensed in the State of California. Calculations shall include: Gross floor area by floor Floor area exempt from gross floor area as defined by Planning Code Section The basis for exemption from gross floor area, the location by floor and location within floor Corresponding calculations with areas notated on the floor plans NOTES: Required Material. Write N/A if you believe the item is not applicable, (e.g. letter of authorization is not required if application is signed by property owner.) Typically would not apply. Nevertheless, in a specific case, staff may require the item. Two sets of original labels and one copy of addresses of adjacent property owners and owners of property across street. For Department Use Only Application received by Planning Department: By: Date: 5
6 FOR MORE INFORMATION: Call or visit the San Francisco Planning Department Central Reception 1650 Mission Street, Suite 400 San Francisco CA TEL: FAX: WEB: Planning Information Center (PIC) 1660 Mission Street, First Floor San Francisco CA TEL: Planning staff are available by phone and at the PIC counter. No appointment is necessary.
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