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.

                       

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

 

1.                   2015-004577CND                                                                                           (C. GROB: (415) 575-9138)

1170 GREEN STREET – north side between Hyde & Leavenworth Streets; Lot 012 of Assessor’s Block 0122 - Request for Condominium Conversion Subdivision to convert a three-story over garage,  six-unit building into residential condominiums 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

 

2.                   2012.1368C                                                                                                  (N. FOSTER: (415) 575-9167)

1500 PACIFIC AVENUE - northwest corner of Pacific Avenue and Larkin Street, Lot 004 in Assessor’s Block 0573 - Request for Conditional Use Authorization pursuant to Planning Code Section 732.51, for a change of use from Business/Professional Use (former insurance office) to a Medical Service Use (acupuncture clinic, d.b.a. “Vickie Washington LAc”) located on the ground floor within the Pacific Avenue NCD (Neighborhood Commercial District), and 40-X Height and Bulk District. This project has been reviewed under the Community Business Priority Processing Program (CB3P). 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

 

3.                   2015-013731CUA                                                                                       (C. CLARKE: (415) 575-9184)

981 MISSION STREET - at the midblock between 6^th and Mary Streets, Lot 078 in Assessor’s Block 3725 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 210.2 and 102, for a change of use from a vacant 18,741 square foot tenant space (previously occupied by a Retail use) to an Office use, d.b.a. Covo, on the basement and mezzanine levels, with Retail remaining on the ground floor, within the C-3-S (Downtown Support - Commercial District), Central SoMa and Downtown Area Plans, and 160-F Height and Bulk District. This project has been reviewed under the Community Business Priority Processing Program (CB3P). 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

 

4.                   2015-010314CUA                                                                                 (K. DURANDET: (415) 575-6816)

3128 16^TH STREET - north side between Valencia & Albion Streets; Lot 017 of Assessor’s Block 3555 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 249.60, 303, 726.44, and 790.91, to permit the change of use of a 1,160 square foot tenant space from Retail to Restaurant (d.b.a. Tea De Chine), occupying the ground floor within the Valencia Street NC-T (Neighborhood Commercial Transit) Zoning District, Mission Alcoholic Beverage Special Use District, and 55-X Height and Bulk District. This project has been reviewed under the Community Business Priority Processing Program (CB3P). 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.             2014.0599ENX                                                                                      (K. DURANDET: (415) 575-6816)

540 DE HARO STREET - west side between Mariposa and 18^th Streets; Lot 002 of Assessor’s Block 4008 - Request for Large Project Authorization pursuant to Planning Code Section 329 to permit the demolition of the existing industrial building and the new construction of a 40 feet tall, 41,772 square foot building with 17 dwelling units, 16 off-street parking spaces and 17 Class I bicycle parking spaces. The project involves a dwelling unit mix consisting of (15) 2-bedroom, and (2) 1-bedroom units in the UMU (Urban Mixed Use) Zoning District, and 40-X Height and Bulk District. The proposed project is seeking a rear yard exception per Section 134 for the ground floor which has full lot coverage and permitted obstructions per Section 136.  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.                   Consideration of Adoption:

·         Draft Minutes for December 10, 2015

·         Draft Minutes for  Closed Session  Hearing for December 10, 2015

·         Draft Minutes for December 17, 2015

 

7.             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

 

8.             Director’s Announcements

 

9.             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.

 

10.          2015-018111IMP                                                                                           (D. SIDER: (415) 558-6697)

UC HASTINGS INSTITUTIONAL MASTER PLAN  - Various properties on Assessor’s Blocks 0347 and 0348; bounded by Golden Gate Avenue on the north, McAllister Street on the south, Larkin Street on the west and Leavenworth Street on the east.  Informational presentation on UC Hastings College of the Law’s Institutional Master Plan (IMP).  While this hearing is consistent with the requirements of Planning Code Section 304.5, as a State educational institution, Hastings is not subject to the requirements of the Planning Code. Nonetheless, Hastings has voluntarily submitted an IMP for review and comment that contains information on the nature and history of the institution, the location and use of affiliated buildings, and development plans.

Preliminary Recommendation: None – Informational

 

11.          2009.3461CWP                                                                                           (M. SNYDER: (415) 575-6891

Area  Plan  Implementation Update and Inter-Department Plan Implementation Committee  (IPIC) report - Informational presentation on the activities of  the Department's Plan Implementation Group, including overview of progress  toward  funding  infrastructure  projects called for in adopted area plans  and  coordination  with  CACs.  Presentation of 2016 Inter-Department Plan Implementation Committee (IPIC) Report,which includes capital  planning accomplishments  and  recommendations  for  each plan area.

Preliminary Recommendation: None – Informational

 

12.          2015-006755CUA                                                                                        (O. MASRY: (415) 575-9116)

3120 MISSION STREET – along the west side of Mission Street, between Cesar Chavez Street and Precita Avenue; Lot 001A in Assessor’s Block 6574 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 712.83 to develop a macro Wireless Telecommunications Services (WTS) Facility for Verizon Wireless, featuring a total of up to twelve (12) screened rooftop-mounted panel antennas; along with associated equipment areas, within a NC-3 (Neighborhood Commercial, Moderate-Scale) Zoning 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

(Continued from Regular Meeting of December 17, 2015

 

13.          2015-002837CUA                                                                                         (T. CHANG: (415) 575-9065)

455 FELL STREET/PARCEL O - South side of Fell Street at Laguna Street; Lot 024 in Assessor’s Block 0831 - Request for Conditional Use Authorization to approve a Planned Unit Development with specific modifications to Planning Code regulations as they relate to setbacks, exposure, freight loading, open space and obstructions. The Project includes the new development on a vacant parcel reaching a maximum height of 50-feet on a vacant parcel containing 108 dwelling units, 1,200 square feet of retail, a day-care facility and 118 bicycle parking spaces (102 Class 1, 8 Class 2, and 2 Cargo spaces) within a RTO (Residential Transit Oriented) Zoning and 40-50-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).

Preliminary Recommendation: Approve with Conditions

 

14.          2015-000865CUA                                                                                           (C. GROB: (415) 575-9138)

40 PLEASANT STREET - north side between Taylor & Jones Streets; Lot 021 of Assessor’s Block 0221 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.2, 303, and 317 to convert three residential units into tourist hotel units within a RM-3 (Residential-Mixed, Medium Density) Zoning District and 65-A 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

 

15a.        2012.0506CEKV                                                                                          (M. WOODS: (415) 558-6315)

950 GOUGH STREET - southeast corner at Eddy Street; Lots 010, 010A and 011 in Assessor’s Block 0744 - Request for Adoption of Findings pursuant to Planning Code Section 295 regarding a Shadow Study that concluded that the shadow cast by the construction of an 8-story, 80-foot tall mixed use building over one subterranean parking level, containing 95 dwelling units (including 11 on-site affordable units), and an approximately 10,000 square-foot church/sanctuary for St. Paulus Lutheran Church, would not be adverse to the use of Jefferson Square Park, land under the jurisdiction of the San Francisco Recreation and Park Department. The project site is located in a RM-4 (Residential, Mixed, High Density) District, and 80-B Height and Bulk District.

Preliminary Recommendation: Adopt Findings

 

                        15b.            2012.0506CEKV                                                                                          (M. WOODS: (415) 558-6315)

950 GOUGH STREET - southeast corner at Eddy Street; Lots 010, 010A and 011 in Assessor’s Block 0744 - Request for Conditional Use Authorization pursuant to Planning Code Sections 209.2, 253 and 303 to construct on a vacant lot an 8-story, 80-foot tall mixed use building over one subterranean parking level. The building would include 95 dwelling units, including 11 on-site affordable units, an approximately 10,000 square-foot church/sanctuary for St. Paulus Lutheran Church on the ground floor, 61 off-street parking spaces, and 110 bicycle parking spaces. The project site is located in a RM-4 (Residential, Mixed, High Density) District, and 80-B 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

 

                15c.             2012.0506CEKV                                                                                          (M. WOODS: (415) 558-6315)

950 GOUGH STREET - southeast corner at Eddy Street; Lots 010, 010A and 011 in Assessor’s Block 0744 - Request for Variances from the requirements for rear yard (Planning Code Section 134), and off-street parking (Planning Code Section 151). The proposed project is to construct on a vacant lot an 8-story, 80-foot tall mixed use building over one subterranean parking level, containing 95 dwelling units (including 11 on-site affordable units), an approximately 10,000 square-foot church/sanctuary for St. Paulus Lutheran Church on the ground floor, 61 off-street parking spaces, and 110 bicycle parking spaces. The project site is located in a RM-4 (Residential, Mixed, High Density) District, and 80-B Height and Bulk District.

 

16.          2014-000174CUA                                                                                          (A. PERRY: (415) 575-9017)

                                32 ORD STREET - west side between Ord Court and 17^th Street; Lot 005 of Assessor’s Block 2626 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 306.7, and interim zoning controls established under Resolution 76-15, proposing a horizontal and vertical addition to a single-family home that would increase the existing square footage by more than 75% and in excess of 3,000 square feet without increasing the legal unit count, within a RH-2 (Residential House, Two-Family) Zoning District and 40-X Height and Bulk District. This notice also meets Section 311 requirements for public notification. 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.         DISCRETIONARY REVIEW CALENDAR 

 

The Commission Discretionary Review Hearing Procedures provide for presentations by staff; followed by the DR requestor team; followed by public comment opposed to the project; followed by the project sponsor team; followed by public comment in support of the project.  Please be advised that the DR requestor and project sponsor teams include: the DR requestor and sponsor or their designee, lawyers, architects, engineers, expediters, and/or other advisors.

 

17a.        2014.1313DRPDRM                                                                                     (A. PERRY: (415) 575-9017)

831 CHENERY STREET - south side of Chenery Street between Chilton and Lippard Avenues; Lot 020 in Assessor’s Block 6738 - Request for Mandatory Discretionary Review of Building Permit Application No. 2014.11.04.0619 to demolish a one-story over basement, single-family dwelling within a RH-1 (Residential House, One-Family) Zoning District and 40-X Height and Bulk District. The existing structure has not been found to be an historic resource, and would be considered an unsound building pursuant to Planning Code Section 317(d)(3)(B). 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: Do Not Take Discretionary Review and Approve

 

                17b.        2014.1313DRP(2)                                                                                         (A. PERRY: (415) 575-9017)

831 CHENERY STREET - south side of Chenery Street between Chilton and Lippard Avenues; Lot 020 in Assessor’s Block 6738 - Request for Discretionary Review of Building Permit Application No. 2014.11.04.0616 to construct a new three-story over basement, single-family dwelling within a RH-1 (Residential House, One-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).
Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

 

                18a.        2015-002255DRPVAR                                                                                (S. YOUNG: (415) 558-6346)

3636 - 3638 WEBSTER STREET - east side between Beach Street and North Point Street; Lots 045 - 046 in Assessor’s Block 0445A - Request for Discretionary Review of Building Permit Application No. 2015.08.04.3267, proposing to legalize the construction of a one-story horizontal addition at the rear of the three-story, two-family dwelling located within a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District. [The proposal is in relation to Building Permit Application No. 2014.09.30.7684 to repair the existing rear addition (with sloped solarium windows) and approximately 90 square-foot rear deck, which was the subject of Board of Appeals Case No. 14-171 for work exceeding the scope of the permit.]   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.

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

 

                18b.        2015-002255DRPVAR                                                                                (S. YOUNG: (415) 558-6346)

3636 - 3638 WEBSTER STREET - east side between Beach Street and North Point Street; Lots 045 - 046 in Assessor’s Block 0445A - Request for a Rear Yard Variance, pursuant to Planning Code Section 134, to allow the construction of the one-story rear addition to extend approximately 6 feet into the required rear yard of 23 feet 6 inches.  The project is located within a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District.

 

H.         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.

 

Case Type	Case Suffix	Appeal Period*	Appeal Body
Office Allocation	B	15 calendar days	Board of Appeals**
Conditional Use Authorization and Planned Unit Development	C	30 calendar days	Board of Supervisors
Building Permit Application (Discretionary Review)	D	15 calendar days	Board of Appeals
EIR Certification	E	30 calendar days	Board of Supervisors
Coastal Zone Permit	P	15 calendar days	Board of Appeals
Planning Code Amendments by Application	T	30 calendar days	Board of Supervisors
Variance (Zoning Administrator action)	V	10 calendar days	Board of Appeals
Permit Review in C-3 Districts, Downtown Residential Districts and Large Project Authorization in Eastern Neighborhoods	X	15 calendar days	Board of Appeals
Zoning Map Change by Application	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.

 

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.