Planning Commission - December 21, 2017 - Agenda

Meeting Date: 
December 21, 2017 - 1:00pm
Location: 

SAN FRANCISCO
PLANNING COMMISSION

 

Notice of Hearing
&
Agenda

 

Commission Chambers Room 400,
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689

Thursday, December 21, 2017
1:00 p.m.
Regular Hearing

 

Commissioners
Rich Hillis, President
Dennis Richards, Vice President
Rodney Fong, Christine Johnson, Kathrin Moore, Joel Koppel, Myrna Melgar

Commission Secretary
Jonas P. Ionin

Hearing Materials are available at:
Website: http://www.sfplanning.org
Planning Department, 1650 Mission Street, 4th Floor, Suite 400
Planning Information Center, 1660 Mission Street, 1st Floor
Voice recorded Agenda, only: (415) 558-6320

Commission Hearing Broadcasts:
Live stream: http://www.sfgovtv.org

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Accessible Meeting Information

Commission hearings are held in Room 400 at City Hall, 1 Dr. Carlton B. Goodlett Place in San Francisco. City Hall is open to the public Monday through Friday from 8:00 a.m. to 8:00 p.m. and is accessible to persons using wheelchairs and other assistive mobility devices. Ramps are available at the Grove, Van Ness and McAllister entrances. A wheelchair lift is available at the Polk Street entrance.  

Transit: The nearest accessible BART station is Civic Center. Accessible MUNI Metro lines are the F, J, K, L, M, N, T (exit at Civic Center or Van Ness stations). MUNI bus routes also serving the area are the 5, 6, 9, 19, 21, 47, 49, 71, and 71L. For more information regarding MUNI accessible services, call (415) 701-4485 or call 311.

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Language Assistance

ENGLISH: To request an interpreter for a specific item during the hearing, please contact the Commission Secretary at (415) 558-6309, or commissions.secretary@fgov.org at least 48 hours in advance of the hearing.

SPANISH: Si desea asistir a la audiencia, y quisiera obtener información en Español o solicitar un aparato para asistencia auditiva, llame al 415-558-6309. Por favor llame por lo menos 48 horas de anticipación a la audiencia.

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ROLL CALL

President: Rich Hillis
Vice-President: Dennis Richards
Commissioners: Rodney Fong, Christine Johnson, Kathrin Moore, Joel Koppel, Myrna Melgar

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. 2016-005617DRP                                                                  (M. CHRISTENSEN: (415) 575-8742)
1439-1441 SOUTH VAN NESS AVENUE – east side of South Van Ness Avenue, between 25th and 26th Streets; lot 021 of Assessor’s Block 6526 (District 9) - Request for Discretionary Review of building permit application No. 2016.0809.4577 that proposes to legalize and alter the existing ground floor dwelling unit, construct vertical and rear additions to expand all units within the structure, and alter the façade of the structure within a RM-1 (Residential-Mixed, Low Density) District and 50-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).
Staff Analysis:  Full Discretionary Review
Preliminary Recommendation:  Take Discretionary Review and Approve with Conditions
(Continued from Regular hearing of November 30, 2017)
(Proposed Continuance to January 18, 2018)

2a. 2016-003836CUA                                                                             (L. AJELLO: (415) 575-9142)
114 LYON STREET – east side of Lyon Street between Oak and Page Streets; Lot 020 in Assessor’s Block 1220 (District 5) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 317 to legalize the merger of four dwelling units into two dwelling units. The proposed project would legalize the merger of four dwelling units into a 3,096 sq. ft. dwelling and a 341 sq. ft. studio unit behind the garage in a four-story residential building.  The subject property is within a RH-3 (Residential, House, Three-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 San Francisco Administrative Code Section 31.04(h).
Preliminary Recommendation:  Disapprove
(Continued from Regular hearing of October 19, 2017)
(Proposed Continuance to February 8, 2018)

2b. 2016-003836VAR                                                                               (L. AJELLO: (415) 575-9142)
114 LYON STREET – east side of Lyon Street between Oak and Page Streets; Lot 020 in Assessor’s Block 1220 (District 5) - Request for Variance, pursuant to Planning Code Section 134(c), to legalize the construction of a deck and stair located the rear yard of the 4-story four-unit residential building. The subject property is within a RH-3 (Residential, House, Three-Family) Zoning District and 40-X Height and Bulk District.
(Continued from Regular hearing of October 19, 2017)
(Proposed Continuance to February 8, 2018)

3. 2016-007850ENV                                                                             (J. DELUMO: (415) 575-9146)
88 BROADWAY/735 DAVIS STREET – 48,620-square-foot project site on the north side of Broadway between Davis Street and Front Street; Lots 7 and 8 of Assessor’s Block 0140 (District 3) – Appeal of Preliminary Negative Declaration for the proposed demolition of the existing surface parking lots on the site and construction of a 191,300-square-foot mixed-use development. The project would construct two new six-story (65-foot-tall) buildings which would include 178 affordable residential units, 6,500 square feet of commercial space, and a 4,300-square-foot child care facility. The proposed project would also include two mid-block passages, three on-street loading zones, and 120 secured bicycle parking spaces. No off street vehicle parking is proposed. The project site is located in a C-2 (Community Business) and 65-X Height and Bulk (65-foot maximum height, no bulk limit) Zoning Districts and Waterfront Special Use District No.3.  
Preliminary Recommendation: Uphold Preliminary Negative Declaration
(Proposed Continuance to February 22, 2018)

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. 2016-007238CUA                                                                             (A. LINDSAY: (415) 575-9178)
519 ELLIS STREET – near the southwest corner of the intersection of Ellis Street and Leavenworth Street, Lot 028 of Assessor’s Block 0334 (District 4) - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 303(c) and 209.3, to install a new Verizon Wireless Macro Wireless Telecommunications Services Facility consisting of installation of twelve (12) new panel antennas, installation of twenty-four (24) new RRUs, installation of (4) new FRP screen walls, installation of one (1) GPS antenna, and ancillary equipment as part of the Verizon Wireless Telecommunications Network. All FRP screen elements and equipment to be painted to match existing building, and should have no external rivet bolts. The subject property is located within a RC-4 (Residential –Commercial-High Density) Zoning District, and 80-T Height and Bulk Districts. 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

5.  2015-009053CUA                                                                                  (J. HORN: (415) 575-6925)
3601 LAWTON STREET – south side of Lawton Street and west side of 42nd Avenue; Lot 1907 in Assessor’s Block 001 (District 4) – Request for Conditional Use Authorization, pursuant to Planning Code Sections 102, 121.1, 202.5, 303(c) and 710, for the conversion and demolition of an one-story 1,463 square foot automobile service station (dba 76) and the construction of a 40 ft. tall, four-story-over-basement mixed-use building totaling 40,000 sq. ft. that include 15 dwelling units, approximately 4,500 sq. ft. of ground floor commercial, 6,990 square feet of private open space located on the building’s roof, a 10,000 sq. ft. basement providing 24 vehicle parking spaces and 24 Class I bicycle parking spaces, and 12 Class II bicycle parking spaces at street level. The subject property is within a NC-1 (Neighborhood Commercial, Cluster) 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

C. COMMISSION MATTERS

6. 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

7. Director's Announcements

8. 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.

9. 19960013CWP                                                                                   (S. AMBATI: (415) 575-9183)
2016 HOUSING INVENTORYInformational Presentation - Announcing the publication of the 2016 Housing Inventory.  This report is the 47th in the series and describes San Francisco’s housing supply.  Housing Inventory data accounts for new housing construction, demolitions, and alterations in a consistent format for analysis of housing production trends.  Net housing unit gains are reported citywide, by zoning classification, and by planning district.  Other areas covered include affordable housing production, condominium conversions, and changes to the residential hotel stock.  In addition, a list of major housing projects completed and approved for construction in 2016 is provided.  Report is available for the public at the Planning Department and on the website.
Preliminary Recommendation:  None – Informational

10. 2016-013551CWP                                                                           (R. TANNER: (415) 575-8730)
EXCELSIOR & OUTER MISSION NEIGHBORHOOD STRATEGY – This Informational Presentation is intended to introduce the Excelsior & Outer Mission Neighborhood Strategy.  The presentation will describe the Excelsior & Outer Mission neighborhoods, the purpose of the Neighborhood Strategy, and the activities undertaken to date.  In addition, the presentation will discuss goals and strategies that have emerged from the public engagement process.  For more information, please visit: http://sf-planning.org/excelsior-outer-mission-neighborhood-strategy.
Preliminary Recommendation:  None – Informational

11. 2017-013096MAP                                                                            (A. BUTKUS: (415) 575-9129)
BURNETT AVENUE AND BURNETT AVENUE NORTHZoning Map Amendment revising Sheet ZN06 to rezone Assessor’s Parcel Block No. (AB) 2719C, Lot No. 023, located at Burnett Avenue and Burnett Avenue North, from Public (P) to Residential, Mixed Districts, Low Density (RM-1); rezoning a portion of Burnett Avenue North generally bounded by AB 2745, Lot No. 036, and AB 2719C, Lot No. 023, to RM-1; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302.
Preliminary Recommendation: Approve

12. 2017-011859CUA                                                                             (M. WOODS: (415) 558-6315)
1336 POST STREET – north side between Franklin and Gough Streets, Lot 199 in Assessor’s Block 0689 (District 2) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303(c) and 303(l), to convert a vacant grocery store (formerly “Bell Market”) located in the ground floor of a six-story residential condominium building to a health service use by a clinic providing primarily outpatient medical services (d.b.a. “Presidio Surgery Center”). The proposal involves tenant improvement work for approximately 34,600 square feet of ground floor area, and reconfiguration of the two-level garage for 87 parking spaces and five Class 1 bicycle parking spaces. No exterior work is proposed except for minor repair and maintenance work. The subject property is located within a NC-3 (Neighborhood Commercial, Moderate Scale) Zoning District and 130-E 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

13. 2016-000260CUA                                                                              (B. BENDIX: (415) 575-9114)
1010 STANYAN STREET – east side between Carl Street and Parnassus Avenue, Lot 017 in Assessor’s Block 1273 (District 5) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 207, 209.1 and 303(c) to construct a 40-foot tall four-unit dwelling on an approximately 3,900 square foot vacant lot within a RH-3 (Residential House, Three-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 San Francisco Administrative Code Section 31.04(h).
Preliminary Recommendation: Approve with Conditions

14. 2017-005992CUA                                                                                 (J. HORN: (415) 575-6925)
48 SATURN STREET – north side of Saturn Street between Temple Street and Upper Terrace, Lot 005 in Assessor’s Block 2627 (District 8) – Request for Conditional Use Authorization, pursuant to Planning Code Sections 249.77 and 303(c), to construct a new 39-foot tall, 3,043 square foot single-family dwelling on a vacant lot. The project site is located 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 San Francisco Administrative Code Section 31.04(h).
Preliminary Recommendation: Approve with Conditions

15. 2016-002914CUA                                                                        (K. DURANDET: (415) 575-6816)
2722 FOLSOM STREET – west side of Folsom Street between 23rd and 24th Streets, Lot 002 in Assessor’s Block 3641 (District 9) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 317 and the Mission 2016 Interim Zoning Controls (Planning Commission Resolution No. 19865) for a residential merger to merge two dwelling units into one dwelling unit. Currently, the existing three-story residence has three legal dwelling units. The subject property is located within a RH-2 (Residential House, Two-Family) Zoning District, Calle 24 Special Use 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:  Disapprove

16. 2017-001283CUA                                                                 (M. CHRISTENSEN: (415) 575-8742)
792 CAPP STREET – west side of Capp Street, between 22nd and 23rd Streets; lot 019B of Assessor’s Block 3637 (District 9) - Request for Conditional Use Authorization pursuant to Planning Code Sections 209.4, 303, and 317, proposing to demolish the existing two-story single-family home and construct a new four-story (40 foot tall) residential structure containing four dwelling units within a Residential Transit Oriented - Mission (RTO-M) Zoning District, Calle 24 Special Use 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
(Continued from Regular hearing of October 12, 2017)

17. 2017-006766CUA                                                                         (E. JARDINES: (415) 575-9144)
2394 FOLSOM STREET – west side of Folsom Street, north side of 20th Street and east side of Shotwell Street on Lot 011 in Assessor’s Block 3594 (District 9) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 121.2, 249.60, 303, 711 and  781.80 and the Mission 2016 Interim Zoning Controls (Planning Commission Resolution No. 19865), to permit the change of use from a trade shop (DBA Timbuk2) to a restaurant with accessory brewery (DBA Fort Point Beer Co.) and to allow a non-residential use size larger than 4,000 square feet within a NC-2 (Small Scale Neighborhood Commercial Transit) Zoning District, Mission Alcoholic Beverage Restriction Special Use District and 45-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
(Continued from Regular hearing of November 30, 2017)

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.

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

  • A thorough description of the issue by the Director or a member of the staff.
  • 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.
  • Testimony by members of the public in support of the DR would be up to three (3) minutes each.
  • 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.
  • Testimony by members of the public in support of the project would be up to three (3) minutes each.
  1. DR requestor(s) or their designees are given two (2) minutes for rebuttal.
  • Project sponsor(s) or their designees are given two (2) minutes for rebuttal.
  • 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.

Case Type

Case Suffix

Appeal Period*

Appeal Body

Office Allocation

OFA (B)

15 calendar days

Board of Appeals**

Conditional Use Authorization and Planned Unit Development

CUA (C)

30 calendar days

Board of Supervisors

Building Permit Application (Discretionary Review)

DRP/DRM (D)

15 calendar days

Board of Appeals

EIR Certification

ENV (E)

30 calendar days

Board of Supervisors

Coastal Zone Permit

CTZ (P)

15 calendar days

Board of Appeals

Planning Code Amendments by Application

PCA (T)

30 calendar days

Board of Supervisors

Variance (Zoning Administrator action)

VAR (V)

10 calendar days

Board of Appeals

Large Project Authorization in Eastern Neighborhoods

LPA (X)

15 calendar days

Board of Appeals

Permit Review in C-3 Districts, Downtown Residential Districts

DNX (X)

15-calendar days

Board of Appeals

Zoning Map Change by Application

MAP (Z)

30 calendar days

Board of Supervisors

* 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.

An appeal of the approval (or denial) of a 100% Affordable Housing Bonus Program application may be made to the Board of Supervisors within 30 calendar days after the date of action by the Planning Commission pursuant to the provisions of Sections 328(g)(5) and 308.1(b). Appeals must be submitted in person at the Board's office at 1 Dr. Carlton B. Goodlett Place, Room 244. For further information about appeals to the Board of Supervisors, including current fees, contact the Clerk of the Board of Supervisors at (415) 554-5184.

An appeal of the approval (or denial) of a building permit application issued (or denied) pursuant to a 100% Affordable Housing Bonus Program application by the Planning Commission or the Board of Supervisors may be made to the Board of Appeals within 15 calendar days after the building permit is issued (or denied) by the Director of the Department of Building Inspection. Appeals must be submitted in person at the Board's office at 1650 Mission Street, 3rd Floor, Room 304. For further information about appeals to the Board of Appeals, including current fees, contact the Board of Appeals at (415) 575-6880.

Pursuant to California Government Code Section 65009, if you challenge, in court, the decision of an entitlement or permit, the issues raised shall be limited to those raised in the public hearing or in written correspondence delivered to the Planning Commission prior to, or at, the public hearing.

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.