Absolutely not! Well, not exactly... OK, it’s complicated… How do you define “need?”

A Neighborhood Notification or “311 Notice” - named after the San Francisco Planning Code Section 311 – is required when you propose “any change in use or change in the number of dwelling units of a residential building, removal of more than 75 percent of a residential building's existing interior wall framing or the removal of more than 75 percent of the area of the existing framing, or an increase to the exterior dimensions of a residential building” (SFPC sect 311).

There are some exceptions to this rule in planning code section 136, but, generally speaking, if you change the envelope of your building, the Planning Department – after approving your design for conformance with the planning code - provides the neighbors within 150 feet of your property with a 30 day period to review your proposed design and appeal the department’s approval by making a request for a “discretionary review” by the city Planning Commission. At the hearing, the commission can find in favor of the project (that’s you), overrule the department staff by finding in favor of the neighbor(s), or almost any compromise in between. The commission’s decision can be appealed to the Board of Supervisors, but the bar is set very high. For a small residential project, the commission’s decision is effectively final.

[When is a Demolition Permit Required?]

In addition to code section 311, other types of permits can trigger neighborhood notice such as a demolition permit, creation or removal of a living unit, a zoning variance of any kind, and a change of the building’s use. The radius of the notification area and the time period may vary for each of these notifications.

Although the notice period is only 30 days, more time must be budgeted before and afterwards for staff to review the design, make and respond to comments, and process the application. We have found that a successful 311 notice process (i.e. no major design changes and no appeals) consumes at least four months from the filing date and can be much longer according to the department’s workload and projects's complexity.

If the project requires a 311 Notice, the planning department also requires you to organize a pre-application meeting with your eight immediate neighbors to provide them the opportunity to review the proposed design and state an opinion.  The department wants to insure that an effort has been made to reach out to the neighbors before they begin their plan review. This pre-application process requires about a month, but it can overlap with the design process, so it may not add to the overall project time.

It is important to understand that the project is already reviewed, deemed compliant with the planning code, and approved by planning staff BEFORE it is sent out to the neighbors. If the neighbors appeal the approval decision to the planning commission they must be ready to demonstrate that staff made a mistake or there are extraordinary circumstances that prevent this project from fitting neatly into the planning code.  Your neighbors cannot successfully appeal your project simply they don’t like it or it will block their view (although they may try). It is the approval decision that is appealed, not the project.

Historically, few decisions made by planning staff are overturned by the commission, however, the appeals process itself can add several months to a project and cost thousands of dollars to defend it. The real damage of a discretionary review hearing is lost time, money and goodwill with the neighbors who will still be there when the project is done. For these reasons, we produce three-dimensional computer models and renderings to help you communicate effectively with the neighbors and place your design in the best possible light.