SEC. 2.21. PROCEDURE FOR APPROVAL BY THE BOARD OF

The Board of Supervisors hereby establishes the following procedure for its approval of the relocation of existing legally permitted general advertising signs pursuant to Section 611(c) of the Planning Code.

(a) Designation of the Planning Department. The Board hereby designates the Planning Department as the Department to review and recommend to the Board approval or disapproval of a Relocation Agreement pursuant to Planning Code Section 611(c). The Board shall not approve or consider any such Agreement without first receiving a recommendation from the Department.

(b) Definitions. For purposes of this Section 2.21, the following definitions shall apply:

(1) "Board" shall mean the Board of Supervisors of the City and County of San Francisco.

(2) "Department" shall mean the Planning Department of the City and County of San Francisco.

(3) "General advertising sign company" or "sign company" shall mean an entity that owns a general advertising sign structure, as distinguished from the person or entity that owns the property on which the sign is located.

(4) "Legally permitted" or "lawfully existing" shall mean a sign that was lawfully erected prior to the effective date of Section 611 of the Planning Code pursuant to a permit duly issued by the City and County of San Francisco, or that has an in-lieu identifying number granted by the Director of Planning pursuant to Section 604.1(c) of the Planning Code, and is in compliance with all conditions of approval.

(5) "Relocation Agreement" or "Agreement" shall mean an agreement with a general advertising sign company to relocate existing legally permitted general advertising signs of a sign company, as permitted by Planning Code Section 611(b).

(6) "Sign" shall mean a legally permitted general advertising structure or wall sign as defined in Planning Code Section 602.7.

(c) Application for Relocation Agreement. Any general advertising sign company desiring to relocate an existing legally permitted sign shall first file an application with the Department on a form provided by the Department and pay the application fee set forth in Section 358 of the Planning Code.

(d) Information Required to be Submitted with the Application. The applicant for a Relocation Agreement shall submit the following information with the application, in addition to such other information as the Department may require:

(1) A list of signs proposed for relocation;

(2) A site map showing the locations of all signs proposed for relocation by address and by block and lot;

(3) A copy of any permit or permits authorizing the sign, if available; if a copy of the permit or permits are not available, a copy of the Director of Planning's approval of an in-lieu identifying number or numbers;

(4) Evidence that a sign proposed to be relocated has not been removed and still exists at the authorized location, and that the sign company is the owner of the sign structure;

(5) A proposed form of Relocation Agreement specifying the sign or signs to be relocated, which Agreement shall be in the format of and contain the provisions of a model agreement developed by the City Attorney or which shall be otherwise acceptable to the City Attorney; and

(6) The written consent to the relocation of each sign from the owner of the property upon which the existing sign structure is erected.

(e) Submission to the Board. The Department shall submit to the Board the Department's recommendation to approve or disapprove the proposed Relocation Agreement after the Department has completed its review of the application and supporting documents.

Prior to submitting its recommendation to the Board, the Department shall have (i) reviewed the sign company's initial and any updated sign inventory submitted pursuant to Section 604.2 of the Planning Code and verified that each sign proposed for relocation has been determined to be lawfully existing and lawfully permitted and (ii) verified that there are no pending Notices of Violation against the sign company for violation of Article 6 of the Planning Code or any other applicable law governing general advertising signs.

(f) Conditional Use Approval by the Planning Commission. Upon approval by the Board of Supervisors of the proposed Relocation Agreement, the sign company may apply to the Planning Commission for a conditional use authorization pursuant to the Agreement.

(g) Modification or Termination of a Relocation Agreement.

(1) Modification or amendment of any of the terms or provisions of a Relocation Agreement shall require a recommendation for approval or disapproval from the Department and approval of the Board.

(2) Any Relocation Agreement shall provide that evidence of a pattern of willful misrepresentation of information provided to the City by the sign company in any inventory or site maps it has submitted to the City shall be grounds for termination of the Relocation Agreement by the City.

(Added by Ord. 140-06, File 052021, App. 6/22/2006)