What is SF Planning Code §311 Discretionary Review?
Answered by AskBaily Editorial · Updated
Short answer
§311 requires neighborhood notification (Section 311 Notice, typically a 30-day protest window) on most residential alteration and expansion permits. Any neighbor within 150 feet can file a Discretionary Review (DR) request, triggering a Planning Commission hearing. A DR hearing adds 3-9 months and costs $10K-$50K in architect / expediter / hearing prep fees. Roughly 5-10% of SF permits draw a DR filing.
In detail
SF Planning Code §311 is the neighborhood-notification rule that gives any neighbor within 150 feet of a residential alteration or expansion permit a chance to escalate the project into a Discretionary Review (DR) hearing before the Planning Commission.
Section 311 (residential) and the parallel §312 (commercial in mixed-use districts) require the Planning Department to mail a Section 311 Notice to all owners and occupants within 150 feet of the project site, post the property, and run a 30-day protest window. During that window, any noticed party — or any member of the public with standing — can file a DR application under Planning Commission Rules Article 7. The fee is $725 for non-applicant DR (2024 schedule) plus the cost of preparing a counter-presentation.
What triggers §311 noticing:
- Vertical or horizontal additions on residential buildings.
- Removal of more than 25% of the rear facade or expansion into the rear yard.
- Changes that exceed Planning Code §317 demolition thresholds.
- Modifications to legally nonconforming residential structures.
- New construction on vacant lots.
What does NOT trigger §311:
- Pure interior remodels with no envelope, footprint, or use change.
- Like-for-like window replacement in non-historic districts.
- Routine repair and maintenance permits.
A filed DR forces the project onto a Planning Commission calendar — staff prepares a DR Analysis report, the applicant and DR requestor each get presentation time, and the Commission can take DR (modify the project), not take DR (let it proceed as filed), or continue the matter. The hearing alone adds 3 to 9 months. Architect/expediter/attorney prep and any redesigns push total cost into the $10K–$50K range, with prevailing wage of cost being legal/expediter fees, not construction.
Historically, roughly 5–10% of noticed SF residential permits draw a DR filing, concentrated heaviest in Noe Valley, Bernal Heights, the Richmond, and the Castro. The Planning Commission grants partial DR (some modification ordered) more often than it denies outright. Defense strategy is built around an early neighbor-outreach package, conformity to Residential Design Guidelines, and a clean §317 calculation — projects that hit those marks usually survive DR with cosmetic changes.
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