Notice of Use for Transferable Development Rights

Transcription

1 APPLICATION PACKET FOR Notice of Use 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 the use of transferable development rights on a Development Lot specifically provided for in Section 128 of the Planning Code. This application contains general information about the Notice of Use, step-by-step instructions on how to file a Notice of Use 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 NOTICE OF USE? A Notice of Use is the third step in a three-step process to apply or attach TDR units to the Development Lot, thereby the TDR units are no longer available for transfer. When the use of TDR is necessary for the approval of a building permit for a project on a Development Lot, the permit will not be issued until written certification is recorded that the owner of the Development Lot owns the required number of TDR.

2 The Notice of Use 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 4. The Planning Department reviews the complete application, in consultation with the Office of the City Attorney, to verify the report from the title insurance company and its liability guarantee; verify the indemnity agreement; verify Certificates of Transfer of TDR and all other matters of record affecting such TDR. 5. Upon verification and confirmation of the complete application, the Notice of Use Document is prepared and the Zoning Administrator (ZA) will sign with notarized acknowledgement within ten days. The Applicant shall pick up the document, obtain the signature with notarized acknowledgement of the Owner of the Development Lot, and proceed with recordation at the Office of the County Recorder. 6. A certified copy of the original recorded Notice of Use shall be returned to the ZA. 7. All information and exhibits submitted in connection with this application will be subject to the Public Record Act and made available to any person upon request. 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. 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

3 Application for Notice of Use for Transferable Development Rights CASE NUMBER For Staff Use only APPLICATION FOR Notice of Use for Transferable Development Rights 1. Owner/Applicant Information PROPERTY OWNER S NAME OF RECORD of DEVELOPMENT LOT 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 DEVELOPMENT LOT ZIP CODE CROSS STREETS LEGAL DESCRIPTION OF LOT (ATTACHED AS EXHIBIT A) ASSESSORS BLOCK/LOT LOT DIMENSIONS LOT AREA (SQ FT) ZONING DISTRICT HEIGHT/BULK DISTRICT / TOTAL AMOUNT OF TDR UNITS TO BE USED PROPOSED PROJECT NAME, IF APPLICABLE PLANNING DEPT. CASE NUMBER, IF APPLICABLE PROJECT SPONSOR, IF APPLICABLE BUILDING PERMIT NUMBER, IF APPLICABLE

4 3. Summary of TDR To Be Used State the source and the amount of TDR to be used by the Development Lot pursuant to this application. 1. AMOUNT NUMBER I.D. OF TDR ( BLOCK/LOT TDR NUMBER ) 2. AMOUNT NUMBER I.D. OF TDR ( BLOCK/LOT TDR NUMBER ) 3. AMOUNT NUMBER I.D. OF TDR ( BLOCK/LOT TDR NUMBER ) 4. AMOUNT NUMBER I.D. OF TDR ( BLOCK/LOT TDR NUMBER ) 5. AMOUNT NUMBER I.D. OF TDR ( BLOCK/LOT TDR NUMBER ) * A certified copy of the each recorded Certificate of Transfer evidencing transfer to the owner of the Development Lot of the TDR being used, and all other matters of record affecting such TDR must be attached. If applicable, certified copies of all intervening Certificates of Transfer of secondary parties must be attached to form a complete record of prior transfer. The attached Certificates of Transfer mush show the recorded instrument number of each document and date of recordation. If the names (s) of the transferor(s) and/or transferee(s) are not correctly and completely shown on said certificates, they must be noted on an attachment to this form. SAN FRANCISCO PLANNING DEPARTMENT V

5 Application for Notice of Use for Transferable Development Rights CASE NUMBER For Staff Use only Summary of TDR To Be Used (cont d) 6. AMOUNT NUMBER I.D. OF TDR ( BLOCK/LOT TDR NUMBER ) 7. AMOUNT NUMBER I.D. OF TDR ( BLOCK/LOT TDR NUMBER ) 8. AMOUNT NUMBER I.D. OF TDR ( BLOCK/LOT TDR NUMBER ) 9. AMOUNT NUMBER I.D. OF TDR ( BLOCK/LOT TDR NUMBER ) 10. AMOUNT NUMBER I.D. OF TDR ( BLOCK/LOT TDR NUMBER ) * A certified copy of the each recorded Certificate of Transfer evidencing transfer to the owner of the Development Lot of the TDR being used, and all other matters of record affecting such TDR must be attached. If applicable, certified copies of all intervening Certificates of Transfer of secondary parties must be attached to form a complete record of prior transfer. The attached Certificates of Transfer mush show the recorded instrument number of each document and date of recordation. If the names (s) of the transferor(s) and/or transferee(s) are not correctly and completely shown on said certificates, they must be noted on an attachment to this form.

6 Owner s Affivdavit Under penalty of perjury the following declarations are made a. The undersigned is the owner of this property. b. No transfer of TDR or other transaction subject of this Notice of Use has occurred since execution of the most recent Certificate of Transfer. c. The information presented is true and correct to the best of my knowledge. d. The other information or applications may be required. Signature of Owner(s) (Acknowledgement by Notary Attached) Date Print name of owner(s) in full Signature of Owner(s) (Acknowledgement by Notary Attached) Date Print name of owner(s) in full SAN FRANCISCO PLANNING DEPARTMENT V

7 Application for Notice of Use for Transferable Development Rights CASE NUMBER For Staff Use only Certificate of Transfer Application Submittal Checklist The intent of this application is to provide the Zoning Administrator with sufficient information to verify the TDR for use by the Development Lot. 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 Notice of Use process. The checklist is to be completed by the owner 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 110 scale Floor Plans 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 Guarantee(s) from the title insurance company showing assurances of liability coverage provided to the owner of record of the TDR to be used. Other Indemnity Agreement from the appropriate corporate officer whereby the owner of the Development Lot must indemnify the City against all claims related to TDR. Other Security for the indemnity provided in the form of either a first deed of trust on the Development Lot or balance sheet(s) showing shareholder equity (assets and liabilities) of the Development Lot Owner certified by an auditor or certified as correct by the Chief Financial Officer or appropriate corporate officer. Other Certified copies of each recorded Certificate(s) of Transfer evidencing transfer to the owner of the Development Lot of the TDR being used, and all other matters of record affecting such TDR. If applicable, certified copies of all intervening Certificates of Transfer of secondary parties must be attached to form a complete record of prior transfer. 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 7

8 FOR MORE INFORMATION Call or visit the San Francisco Planning Department Central Reception 1650 Mission Street, Suite 400 San Francisco CA TEL FAX WEB http// 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.