ROLL CALL:                                                                         

                                            President:                                Rodney Fong

                                            Vice-President:                      Cindy Wu

                                            Commissioners:                    Michael J. Antonini; Rich Hillis; Christine Johnson

                                                                                                Kathrin Moore; Dennis Richards

A.            CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

The Commission will consider a request for continuance to a later date.  The Commission may choose to continue the item to the date proposed below, to continue the item to another date, or to hear the item on this calendar.

1.             2014.1019C                                                                                                 (E. JACKSON: (415) 558-6363)

1000 MISSISSIPPI STREET - west side of Mississippi Street, through lot to Texas Street, near 25^th Street; Block 4224, Lots 015-016, and 037-040 - Request for Conditional Use Authorization for a Planned Unit Development (PUD) to construct four 4-story residential buildings on a single podium containing 28 dwelling units and 28 off-street parking spaces in an underground garage in a RH-3 (Residential, House Districts, Three-Family) Zoning District and 40-X Height and Bulk designation pursuant to Planning Code Section 304. Modifications, including density (Planning Code Section 209.1), rear yard (Planning Code Section 134), open space (Planning Code Section 135), exposure (Planning Code Section 140), and method of measurement for height (Planning Code Section 260) are being requested under the PUD provisions of the Planning Code. This proposal is to modify the previously approved project – Case No. 2006.0810CEK under Motion No. 17583 approved on April 17, 2008.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Pending

(Continued from Regular Meeting of April 2, 2015)

            (Proposed for Continuance to May 14, 2015)

2.             2013.0614X                                                                                                     (B. BENDIX: (415) 558-6362)

600 SOUTH VAN NESS AVENUE - southwest corner of the intersection of 17^th Street and South Van Ness Avenue, Lot 070 in Assessor’s Block 3575 - Request for a Large Project Authorization pursuant to Planning Code Section 329 to construct a five-story, mixed-use building of approximately 34,715 gross square feet that contains 27 residential units, three ground floor commercial retail spaces totaling approximately 3,060 gross square feet, 17 off-street parking spaces, 27 bicycle parking spaces, and common open space, within the Urban Mixed Use (UMU) Zoning District and 58-X Height and Bulk District. The project is seeking a modification of the requirements for: 1) rear yard (Planning Code Section 134); 2) open space (Planning Code Section 135);  3) permitted obstructions over the street (Planning Code Section 136); 4) dwelling unit exposure (Planning Code Section 140); and, 5) street frontage (Planning Code Section 145.2). This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve with Conditions

            (Proposed for Continuance to May 21, 2015)

3a.          2012.1531CX                                                                                               (K. CONNER: (415) 575-6914)

361 TURK STREET - south side between Leavenworth and Hyde Streets; Lot 017 in Assessor’s Block 034 - The overall project includes the construction of two eight-story group housing buildings with a total of 238 group housing rooms on two properties (361 Turk Street and 145 Leavenworth Street) previously developed with surface parking lots. Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 253 to allow construction of a building over 40 feet in height on a property previously used as a surface parking lot. The proposed project is to construct an eight-story group housing building, containing 140 group housing rooms, and approximately 3,854 gross square feet of ground floor retail space. The project site is located within the RC-4 (Residential-Commercial, High Density) Zoning District, the North of Market Residential Special Use District 1, Fringe Financial Services Restricted Use District and 80-T Height and Bulk District. A companion project at 145 Leavenworth Street is seeking a Downtown Project Authorization with an exception to the requirements for Reduction of Ground-Level Wind Currents in C-3 Districts. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve with Conditions

(Proposed for Continuance to June 4, 2015)

3b.          2012.1531CX                                                                                               (K. CONNER: (415) 575-6914)

145 LEAVENWORTH STREET - west side of Leavenworth between Turk and Golden Gate Avenue, Lot 002 in Assessor's Block 0345 – The overall project includes the construction of two eight-story group housing buildings with a total of 238 group housing rooms on two properties (361 Turk Street and 145 Leavenworth Street) previously developed with surface parking lots, Request for Downtown Project Authorization, pursuant to Planning Code Section 309 with exceptions to the requirements for Reduction of Ground-Level Wind Currents in C-3 Districts pursuant to Planning Code Section 148. The proposed project is to construct an eight-story group housing building, containing of 98 group housing rooms and approximately 2,725 gross square feet of ground floor retail space on a property previously used as a surface parking lot.  The project site is located within a C-3-G (Downtown General Commercial) Zoning District and 80-X Height and Bulk District. A companion Project at 361 Turk Street is seeking a Conditional Use Authorization to allow construction of a building over 40 feet in height. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve with Conditions

                                (Proposed for Continuance to June 4, 2015)

B.         CONSENT CALENDAR

All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and may be acted upon by a single roll call vote of the Commission.  There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing

4.             2014.1337Q                                                                                        (M. BOUDREAUX: (415) 575-9140)

243-247 HENRY STREET - cross street Castro; Lot 061 in Assessor’s Block 2612 - Request for Condominium Conversion Subdivision to convert a three-story-over-garage, six-unit building into six residential condominiums within a RH-2 (Residential-House, Two Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve

5.             2014-000768CUA                                                                                     (T. KENNEDY: (415) 575-9125)                                                                                                                                                                                                                

4598 MISSION STREET - the northwest corner of Mission Street and Norton Street; Lot 006 of Assessor’s Block 3148 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 703.3, 703.4, and 303.1 to authorize a Formula Retail Financial Service (d.b.a Umpqua Bank), within the Excelsior Outer Mission NCD (Excelsior Outer Mission Neighborhood Commercial Zoning District) and 40-X Height and Bulk District.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).      

Preliminary Recommendation:  Approve with Conditions

6.             2014-003095CUA                                                                                      (T. KENNEDY: (415) 575-9125)               

160 WEST PORTAL AVENUE - northwest side of the street between Vicente Street and 14^th Avenue; Lot 006 in Assessor’s Block 2988A - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 790.90, 790.91, 729.43 and 729.44 to change a use from a Limited Restaurant to a Restaurant, within the West Portal NCD (West Portal Avenue Neighborhood Commercial Zoning District) and 26-X Height and Bulk District.  This project has been reviewed under the Community Business Priority Processing Program (“CB3P”) that was adopted by the Planning Commission on February 12, 2015 under Resolution Number 19323. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation:  Approve with Conditions

7.             2014-000285CUA                                                                                        (N. FOSTER: (415) 575-9167)

1515 PINE STREET - south side of the street between Polk Street and North Van Ness Avenue; Lot 021 in Assessor’s Block 0667 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 723.44, 790.142, and 303, to establish a Restaurant (name TBD) serving beer and wine in conjunction with a Bona Fide Eating Place at the subject property within the Polk Street NCD (Polk Street Neighborhood Commercial District) and 65-A Height and Bulk District.  This project has been reviewed under the Community Business Priority Processing Program (“CB3P”) that was adopted by the Planning Commission on February 12, 2015 under Resolution Number 19323. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation:  Approve with Conditions

8.             2015-00635CUA                                                                                           (N. FOSTER: (415) 575-9167)

1318 GRANT AVENUE - east side of the street between Vallejo Street and Green Street; Lot 028 in Assessor’s Block 0132 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 722.43, 790.90, and 303, to establish a Limited Restaurant (dba DIP) within the North Beach NCD (North Beach Neighborhood Commercial District) and 40-X Height and Bulk District.  This project has been reviewed under the Community Business Priority Processing Program (“CB3P”) that was adopted by the Planning Commission on February 12, 2015 under Resolution Number 19323. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation:  Approve with Conditions

C.         COMMISSION MATTERS

9.             Consideration of Adoption:

·         Draft Minutes for April 16, 2015

10.          Commission Comments/Questions

·         Inquiries/Announcements.  Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).

·         Future Meetings/Agendas.  At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.

D.         DEPARTMENT MATTERS

11.          Director’s Announcements

12.          Review of Past Events at the Board of Supervisors, Board of Appeals and Historic Preservation Commission

E.         GENERAL PUBLIC COMMENT – 15 MINUTES

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items.  With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting.  Each member of the public may address the Commission for up to three minutes.

F.            REGULAR CALENDAR 

The Commission Hearing Procedures provide for presentations by staff; followed by the project sponsor team; followed by public comment for and against the proposal.  Please be advised that the project sponsor team includes: the sponsor(s) or their designee, lawyers, architects, engineers, expediters, and/or other advisors.

13.          2009.0342C                                                                                             (K. DURANDET: (415) 575-6816)

2516 MISSION STREET - Public information hearing to review compliance of Conditions of Approval per Motion 18434 to legalize a portion of the roof deck as an accessory outdoor activity use for the ground floor restaurant (formerly d.b.a. Medjool; currently d.b.a. Lolinda).

Preliminary Recommendation:  None – Informational

14a.        2013.0312KX                                                                                               (C. TOWNES: (415) 575-9195)

777 TENNESSEE STREET - northeast corner of Tennessee Street and 19^th Street; Lot 013 in Assessor’s Block 4044 - Request for Adoption of Findings pursuant to Section 295 of the Planning Code regarding a Shadow Study that concluded that the shadow cast by the construction of a new 59,855 square foot, 5-story, 58-foot tall, 59-unit residential building, would not be adverse to use of Esprit Park, land under the jurisdiction of the San Francisco Recreation and Park Department.  The property is within the UMU (Urban Mixed Use) Zoning District and the 58-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

                Preliminary Recommendation:  Adopt Findings

14b.        2013.0312KX                                                                                               (C. TOWNES: (415) 575-9195)

777 TENNESSEE STREET - northeast corner of Tennessee Street and 19^th Street; Lot 013 in Assessor’s Block 4044 - Request for a Large Project Authorization pursuant to Planning Code Section 329 to allow the construction of a new five-story, 58-foot tall, 59-unit residential building proposing a total of 59,855 square feet. Per Planning Code Section 329, a Large Project Authorization (LPA) is required for a project within the Eastern Neighborhoods Mixed use District involving new construction of more than 25,000 square feet. Under the LPA, the project is seeking modification to certain Planning Code requirements, including: 1) Rear Yard (Planning Code Section 134); and, 2) Exposure (Planning Code Section 140). The subject property is located within the UMU (Urban Mixed Use) Zoning District and 58-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

                Preliminary Recommendation:  Approve with Conditions

15.          2013.1407C                                                                                                            (S. LAI:  (415) 575-9087)

2501 CALIFORNIA STREET - southwest corner of California and Steiner Streets; Lots 001,002, and 034 in Assessor’s Block 0655 - Request for Conditional Use Authorization pursuant to Planning Code Sections 102, 121.1, 121.2, 186.1, 303, 303.1, 703.3, 718.11, and 718.21 for the demolition of the convenience store, the non-conforming  automotive service use, and the non-conforming automotive gas station (d.b.a. Shell); and to allow the lot merger and reconstruction of the non-conforming automotive gas station (d.b.a. Shell), and the establishment of a formula retail convenience store (d.b.a. Loop), within the Upper Fillmore Street Neighborhood Commercial District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

(Continued from Regular Meeting of April 23, 2015)

Preliminary Recommendation:  Approve with Conditions

16a.        2014.0375CV                                                                                                 (L. AJELLO:  (415) 575-9142)

1656 POST STREET - north side between Buchanan and Laguna Streets; Lot 040 in Assessor’s Block 0686 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 249.31 and 303 to establish a new use in excess of 4,000 gross square feet within the Japantown Special Use District, to allow the change of use of a grocery store exceeding 5,000 gross square feet (formerly d.b.a. Uoki Sakai Market) to a personal service (spa) use (d.b.a. Pearl Spa) and to establish a massage use within the spa.  The project also includes converting the second story of the two-story commercial building to four dwelling units and proposes to construct a 24 square foot addition at the front of the building and a 566 square foot one-story addition with deck above at the rear of the building.  The project site is located within a NC-2 (Neighborhood Commercial, Small Scale) Zoning District, the Japantown Special Use District and 50-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

                Preliminary Recommendation:  Approve with Conditions

16b.        2014.0375CV                                                                                                 (L. AJELLO:  (415) 575-9142)

1656 POST STREET - north side between Buchanan and Laguna Streets; Lot 040 in Assessor’s Block 0686 - Request for Variances, pursuant to Planning Code Sections 134 and 140 to modify the rear yard requirement and for dwelling unit exposure, which the Zoning Administrator will consider following the Planning Commission’s consideration of the request for Conditional Use Authorization. This project is located within a NC-2 (Neighborhood Commercial, Small Scale) Zoning District, the Japantown Special Use District and 50-X Height and Bulk District

17.          2014.1481C                                                                                                 (E. JACKSON: (415) 558-6363)

475 VALENCIA STREET - east side of Valencia Street, between 15^th and 16^th Streets, Lot 018 of Assessor’s Block 3354 - Request for Conditional Use Authorization to legalize an Other, Large Institution (d.b.a San Francisco School of Massage) within an approximately 5,000 square foot tenant space pursuant to Planning Code Sections 121.2, 726.81 and 303 on the third floor of an existing building located in the Valencia Street Neighborhood Commercial Transit (NCT) Zoning District and 55-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation:  Approve with Conditions

18.          2014.1168C                                                                                                        (C. GROB: (415) 575-9138)

1650 POLK STREET - east side of the street between Clay Street and Sacramento Street; Lot 022 in Assessor’s Block 0621 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 723.21, 723.24, and 723.44, to establish a restaurant use in the Polk Street Neighborhood Commercial District, for said restaurant use to exceed 2,500 square feet, and to construct a rooftop seating area (classified as an Outdoor Activity Area) within the Polk Street NCD (Polk Street Neighborhood Commercial District) and 65-A Height and Bulk District.  The project proposes to construct a 9,467 square foot general grocery, d.b.a. The Market on Polk, with an additional 5,424 square feet of restaurant use, which includes: a café, pizza bar, and Japanese tapas bar at the ground floor (totaling 1,801 square feet), a sushi restaurant in the basement (1,575 square feet), and a rooftop restaurant (2,048 square feet).  The proposal also includes a 2,384 square foot rooftop seating area for grocery patrons which would not have alcohol service. An accessory take-out food use, d.b.a. Smitten, would occupy 308 square feet of the ground floor grocery.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation:  Approve with Conditions

G.            PUBLIC COMMENT

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items.  With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting with one exception.  When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Commission has closed the public hearing, your opportunity to address the Commission must be exercised during the Public Comment portion of the Calendar.  Each member of the public may address the Commission for up to three minutes.

The Brown Act forbids a commission from taking action or discussing any item not appearing on the posted agenda, including those items raised at public comment.  In response to public comment, the commission is limited to:

(1)  responding to statements made or questions posed by members of the public; or

(2)  requesting staff to report back on a matter at a subsequent meeting; or

(3)  directing staff to place the item on a future agenda.  (Government Code Section 54954.2(a))

Adjournment

Hearing Procedures

The Planning Commission holds public hearings regularly, on most Thursdays. The full hearing schedule for the calendar year and the Commission Rules & Regulations may be found online at: www.sfplanning.org.

Public Comments: Persons attending a hearing may comment on any scheduled item.

v  When speaking before the Commission in City Hall, Room 400, please note the timer indicating how much time remains.  Speakers will hear two alarms.  The first soft sound indicates the speaker has 30 seconds remaining.  The second louder sound indicates that the speaker’s opportunity to address the Commission has ended.

Sound-Producing Devices Prohibited: The ringing of and use of mobile phones and other sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal of any person(s) responsible for the ringing or use of a mobile phone, pager, or other similar sound-producing electronic devices (67A.1 Sunshine Ordinance: Prohibiting the use of cell phones, pagers and similar sound-producing electronic devices at and during public meetings).

For most cases (CU’s, PUD’s, 309’s, etc…) that are considered by the Planning Commission, after being introduced by the Commission Secretary, shall be considered by the Commission in the following order:

1. A thorough description of the issue(s) by the Director or a member of the staff.

2. A presentation of the proposal by the Project Sponsor(s) team (includes sponsor or their designee, lawyers, architects, engineers, expediters, and/or other advisors) would be for a period not to exceed 10 minutes, unless a written request for extension not to exceed a total presentation time of 15 minutes is received at least 72 hours in advance of the hearing, through the Commission Secretary, and granted by the President or Chair.

3. A presentation of opposition to the proposal by organized opposition for a period not to exceed 10 minutes (or a period equal to that provided to the project sponsor team) with a minimum of three (3) speakers.  The intent of the 10 min block of time provided to organized opposition is to reduce the number of overall speakers who are part of the organized opposition.  The requestor should advise the group that the Commission would expect the organized presentation to represent their testimony, if granted.  Organized opposition will be recognized only upon written application at least 72 hours in advance of the hearing, through the Commission Secretary, the President or Chair.  Such application should identify the organization(s) and speakers.

4. Public testimony from proponents of the proposal:  An individual may speak for a period not to exceed three (3) minutes.

5. Public testimony from opponents of the proposal:  An individual may speak for a period not to exceed three (3) minutes.

6. Director’s preliminary recommendation must be prepared in writing.

7. Action by the Commission on the matter before it.

8. In public hearings on Draft Environmental Impact Reports, all speakers will be limited to a period not to exceed three (3) minutes.

9.        The President (or Acting Chair) may impose time limits on appearances by members of the public and may otherwise exercise his or her discretion on procedures for the conduct of public hearings.

10.     Public comment portion of the hearing shall be closed and deliberation amongst the Commissioners shall be opened by the Chair;

11.     A motion to approve; approve with conditions; approve with amendments and/or modifications; disapprove; or continue to another hearing date, if seconded, shall be voted on by the Commission.

Every Official Act taken by the Commission must be adopted by a majority vote of all members of the Commission, a minimum of four (4) votes.  A failed motion results in the disapproval of the requested action, unless a subsequent motion is adopted. Any Procedural Matter, such as a continuance, may be adopted by a majority vote of members present, as long as the members present constitute a quorum (four (4) members of the Commission).

For Discretionary Review cases that are considered by the Planning Commission, after being introduced by the Commission Secretary, shall be considered by the Commission in the following order:

1.        A thorough description of the issue by the Director or a member of the staff.

2.        A presentation by the DR Requestor(s) team (includes Requestor(s) or their designee, lawyers, architects, engineers, expediters, and/or other advisors) would be for a period not to exceed five (5) minutes for each requestor.

3.        Testimony by members of the public in support of the DR would be up to three (3) minutes each.

4.        A presentation by the Project Sponsor(s) team (includes Sponsor(s) or their designee, lawyers, architects, engineers, expediters, and/or other advisors) would be for a period up to five (5) minutes, but could be extended for a period not to exceed 10 minutes if there are multiple DR requestors.

5.        Testimony by members of the public in support of the project would be up to three (3) minutes each.

6. DR requestor(s) or their designees are given two (2) minutes for rebuttal.

7.        Project sponsor(s) or their designees are given two (2) minutes for rebuttal.

8.        The President (or Acting Chair) may impose time limits on appearances by members of the public and may otherwise exercise his or her discretion on procedures for the conduct of public hearings.

The Commission must Take DR in order to disapprove or modify a building permit application that is before them under Discretionary Review.  A failed motion to Take DR results in a Project that is approved as proposed.

Hearing Materials

Advance Submissions: To allow Commissioners the opportunity to review material in advance of a hearing, materials must be received by the Planning Department eight (8) days prior to the scheduled public hearing.  All submission packages must be delivered to1650 Mission Street, Suite 400, by 5:00 p.m. and should include fifteen (15) hardcopies and a .pdf copy must be provided to the staff planner. Correspondence submitted to the Planning Commission after eight days in advance of a hearing must be received by the Commission Secretary no later than the close of business the day before a hearing for it to become a part of the public record for any public hearing.

Correspondence submitted to the Planning Commission on the same day, must be submitted at the hearing directly to the Planning Commission Secretary. Please provide ten (10) copies for distribution. Correspondence submitted in any other fashion on the same day may not become a part of the public record until the following hearing.

Correspondence sent directly to all members of the Commission, must include a copy to the Commission Secretary (commissions.secretary@sfgov.org) for it to become a part of the public record.

These submittal rules and deadlines shall be strictly enforced and no exceptions shall be made without a vote of the Commission.

Persons unable to attend a hearing may submit written comments regarding a scheduled item to: Planning Commission, 1650 Mission Street, Suite 400, San Francisco, CA  94103-2414.  Written comments received by the close of the business day prior to the hearing will be brought to the attention of the Planning Commission and made part of the official record. 

Appeals

The following is a summary of appeal rights associated with the various actions that may be taken at a Planning Commission hearing.

* Appeals of Planning Commission decisions on Building Permit Applications (Discretionary Review) must be made within 15 days of the date the building permit is issued/denied by the Department of Building Inspection (not from the date of the Planning Commission hearing).  Appeals of Zoning Administrator decisions on Variances must be made within 10 days from the issuance of the decision letter.

**An appeal of a Certificate of Appropriateness or Permit to Alter/Demolish may be made to the Board of Supervisors if the project requires Board of Supervisors approval or if the project is associated with a Conditional Use Authorization appeal.  An appeal of an Office Allocation may be made to the Board of Supervisors if the project requires a Conditional Use Authorization.

For more information regarding the Board of Appeals process, please contact the Board of Appeals at (415) 575-6880.  For more information regarding the Board of Supervisors process, please contact the Clerk of the Board of Supervisors at (415) 554-5184 or board.of.supervisors@sfgov.org.

Challenges

Pursuant to Government Code Section 65009, if you challenge, in court, (1) the adoption or amendment of a general plan, (2) the adoption or amendment of a zoning ordinance, (3) the adoption or amendment of any regulation attached to a specific plan, (4) the adoption, amendment or modification of a development agreement, or (5) the approval of a variance, conditional-use authorization, or any permit, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission, at, or prior to, the public hearing.

CEQA Appeal Rights under Chapter 31 of the San Francisco Administrative Code

If the Commission’s action on a project constitutes the Approval Action for that project (as defined in S.F. Administrative Code Chapter 31, as amended, Board of Supervisors Ordinance Number 161-13), then the CEQA determination prepared in support of that Approval Action is thereafter subject to appeal within the time frame specified in S.F. Administrative Code Section 31.16.  This appeal is separate from and in addition to an appeal of an action on a project.  Typically, an appeal must be filed within 30 calendar days of the Approval Action for a project that has received an exemption or negative declaration pursuant to CEQA.  For information on filing an appeal under Chapter 31, contact the Clerk of the Board of Supervisors at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102, or call (415) 554-5184.  If the Department’s Environmental Review Officer has deemed a project to be exempt from further environmental review, an exemption determination has been prepared and can be obtained on-line at http://www.sf-planning.org/index.aspx?page=3447. Under CEQA, in a later court challenge, a litigant may be limited to raising only those issues previously raised at a hearing on the project or in written correspondence delivered to the Board of Supervisors, Planning Commission, Planning Department or other City board, commission or department at, or prior to, such hearing, or as part of the appeal hearing process on the CEQA decision.

Protest of Fee or Exaction

You may protest any fee or exaction subject to Government Code Section 66000 imposed as a condition of approval in accordance with Government Code Section 66020.  The protest must satisfy the requirements of Government Code Section 66020(a) and must be filed within 90 days of the date of the first approval or conditional approval of the development referencing the challenged fee or exaction.  For purposes of Government Code Section 66020, the date of imposition of the fee shall be the date of the earliest discretionary approval by the City of the subject development.  

The Planning Commission’s approval or conditional approval of the development subject to the challenged fee or exaction as expressed in its Motion, Resolution, or Discretionary Review Action or the Zoning Administrator’s Variance Decision Letter will serve as Notice that the 90-day protest period under Government Code Section 66020 has begun.