ROLL CALL:                                                                     

 

                                         President:                              Rich Hillis                                                                                    Vice-President:                     Dennis Richards

                                         Commissioners:                    Rodney Fong, Christine Johnson, Joel Koppel,

                                                                                          Myrna Melgar, Kathrin Moore

 

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.                2014-001272GPA                                                                                            (R. SUCRE: (415) 575-9108)

PIER 70 MIXED-USE PROJECT - located east of Illinois Street between 20^th and 22^nd Street; Assessor’s Block 4052 Lot 001; Block 4110 Lots 001 and 008A; Block 4111 Lot 004; and Block 4120 Lot 002 (District 10) - General Plan Amendment to various Maps and Figures (including the Urban Design Element) in association the Pier 70 Mixed-Use Project. The Pier 70 Mixed-Use Project would rezone the entire 35-acre project site (including the 28-acre site and the Illinois Parcels) and establish land use controls for the project site through adoption of the Pier 70 Special Use District (SUD), and incorporation of design standards and guidelines in a proposed Pier 70 Design for Development document. Depending on the uses proposed, the Project would include between 1,645 to 3,025 residential units, a maximum of 1,102,250 to 2,262,350 gross square feet (gsf) of commercial-office use, and a maximum of 494,100 to 518,700 gsf of retail-light industrial-arts use. The Project also includes construction of transportation and circulation improvements, new and upgraded utilities and infrastructure, geotechnical and shoreline improvements, between 3,215 to 3,345 off-street parking spaces in proposed buildings and district parking structures, and nine acres of publicly-owned open space. New buildings would range in height from 50 to 90 feet, consistent with Proposition F which was passed by San Francisco voters in November 2014. On June 22, 2017, the Commission initiated the proposed amendments, per Planning Commission Resolution No. 19949.

(Proposed for Continuance to August 24, 2017)

 

2.            2015-005863ENX                                                                                                   (D. VU: (415) 575-9120)

342-360 5^th STREET - west side between Shipley and Clara Streets - Lots 005, 006A, 007, 057, 058, 100, 101 & 147 in Assessor’s Block 3753 (District 6) - Request for Large Project Authorization, pursuant to Planning Code Section 329 including exceptions from the rear yard, obstructions over streets and alleys, dwelling unit exposure, and off-street loading requirements pursuant to Planning Code Sections 134, 135, 140 and 152, respectively, for the demolition of three existing light industrial structures totaling 13,748 square feet and proposed construction of a 45- to 85-ft. tall, up to eight-story and 141,608 square feet mixed-use development that includes approximately 1,302 square feet of ground floor commercial, 8,011 square feet of partially underground light industrial (PDR), and 123,247 sq. ft. of residential use for 127 dwelling units. The proposed project would also include a total 10,321 sq. ft. of private and common residential open space and an approximately 18,361 sq. ft. basement-level garage for 35 automobile parking, two car-share, two loading, and 52 of the 110 Class 1 bicycle parking spaces. The subject properties are located within the Mixed Use Residential (MUR) Zoning District and 45-X and 85-X Height and Bulk 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 August 31, 2017)

 

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

 

3.                2016-016026CUA                                                                               (N.TRAN: (415) 575-9174)

468 CASTRO STREET - west side of Castro Street, between Market and 18^th Streets; Lot 011 in Assessor’s Block 2647 (District 8) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 715.44, 715.21 to allow a restaurant (d.b.a. Deccan Spice) and to allow commercial use size in excess of 1,999 sq. ft. within the Castro Street NCD (Neighborhood Commercial) District and a 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

 

4.                2017-000759CUA                                                                      (T. KENNEDY: 9415) 575-9125)

306 RANDOLPH STREET - northwest side of Randolph Street and Victoria Street, located in the Ocean View Neighborhood, Lot 056 and Lot 051 in Assessor’s Block 7088 (District 11) - Request for Conditional Use Authorization to change a use to a pre-school child care facility (d.b.a Little Footprints Pre-School) pursuant Planning Code Sections 303, 121.1, 121.2, and 710.81.  The Zoning Classification of the subject site is the Neighborhood Commercial, Cluster (NC-1) with a Height and Bulk District of 40-X.  This proposed use will occupy an existing space on the second floor and is 7280 square feet in floor area.  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

 

5.            Consideration of Adoption:

·       Draft Minutes for July 6, 2017

 

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.                2016-000068IMP-02                                                                        (A. PERRY: (415) 575-9017)

MULTIPLE PROPERTIES OWNED OR LEASED BY THE SAN FRANCISCO ART INSTITUTE (SFAI) LOCATED IN THE CITY AND COUNTY OF SAN FRANCISCO - Notification by the Zoning Administrator of the filing of an Institutional Master Plan (IMP) for the San Francisco Art Institute (SFAI). Pursuant to Planning Code Section 304.5, the Planning Commission must hold a public hearing upon receiving a current IMP. This public hearing is for receipt of public testimony only. Receipt of this IMP does not constitute approval or disapproval of any proposed projects contained in the IMP by the Planning Commission.   The IMP contains information on the nature and history of the institution, the location and use of affiliated buildings, and institutions’ development plans. The IMP is available for viewing on the Planning Department’s website at: http://www.sfplanning.org, click on “Resource Center”, then “Department Publications A-Z”, then scroll to “I” for Institutional Master Plans. The IMP is also available for public viewing at the Planning Department’s Public Information Center located at 1660 Mission Street, 1^st Floor, and at the Department’s reception area located at 1650 Mission Street, 4^th Floor.

Preliminary Recommendation: None – Informational

 

10.          2017-006267IMP                                                                           (N. FOSTER: (415) 575-9167)

1 FRONT STREET - west side of Front Street between Market and Pine Streets, Lot 009 in Assessor’s Block 0266 (District 3); Informational presentation on Northeastern University’s Abbreviated Institutional Master Plan (IMP), pursuant to Planning Code Section 304.5.  Receipt of this IMP does not constitute approval or disapproval of any proposed projects contained in the IMP by the Planning Commission.   The Abbreviated IMP contains information on the nature and history of the institution, the location and use of affiliated buildings, and development plans. The Abbreviated IMP is available for viewing on the Planning Department’s website at: http://www.sfplanning.org, click on “Resource Center”, then “Department Publications A-Z”, then scroll to “I” for Institutional Master Plans. The IMP is also available for public viewing at the Planning Department’s Public Information Center located at 1660 Mission Street, 1st Floor, and at the Department’s reception area located at 1650 Mission Street, 4th Floor.

Preliminary Recommendation: None – Informational

 

11.             2015-003308CWP                                                                              (L. CHEN: (415) 575-9124)

SUSTAINABLE CHINATOWN REPORT - Commission Endorsement of the Strategies for a Sustainable Chinatown report. Sustainable Chinatown is a cross-sector initiative (public, nonprofit, and philanthropic) bringing together stakeholders who are united by a shared interest in addressing both cultural preservation and environmental sustainability challenges in San Francisco’s Chinatown. The first phase of this work (2014-2017) focused on developing a baseline sustainability assessment, pursuing environmental sustainability and quality of life improvements at the Ping Yuen public housing developments, and conducting outreach to agency partners. The final report, Strategies for a Sustainable Chinatown, describes this initial phase of work and identifies six high-impact strategies that the partners intend to pursue going forward in collaboration with other City agencies and stakeholders.

Preliminary Recommendation: Adopt a Resolution Endorsing the Strategies

 

               12.          2017-005179PCA                                                                       (D. SANCHEZ: (415) 575-9082)

                              COMMERCIAL USES IN NORTH BEACH; TECHNICAL AND OTHER AMENDMENTS [BOARD FILE 170419] - Planning Code Amendment to 1) preserve Legacy Businesses and historic buildings, and prohibit certain uses in the North Beach SUD; 2) reduce the lot size limit in the North Beach SUD; 3) clarify and modify the requirements for approval of parking garages in the Telegraph Hill-North Beach SUD; 4) protect historic buildings in the Broadway NCD; and 5) update and clarify Formula Retail controls; and affirming the Planning Department’s determination under the California Environmental Quality Act and making findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1, and findings of public convenience, necessity, and welfare under Planning Code, Section 302.

Preliminary Recommendation: Adopt a Recommendation of Approval with Modifications

                (Continued from Regular Meeting of July 13, 2017)

 

13.             2015-000988PCA-03                                                                (P. PETERSON: (415) 575-9163)

MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT AND THE 24TH STREET – MISSION NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT - Pursuant to Planning Code Section 302, the Planning Commission will consider a Resolution of Intention to Initiate amendments to the Planning Code. The amendments are intended revise the controls in the Mission Street Neighborhood Commercial Transit District (Mission NCT) to remove Administrative Services as permitted use, to limit the merging of lots, and to allow certain Production, Distribution, and Repair uses, and to revise the controls in the 24th Street – Mission Neighborhood Commercial Transit District to allow certain Production, Distribution, and Repair uses. Planning Code sections proposed for amendment include Sections 754, 763, and 121.7.

Preliminary Recommendation: Adopt a Resolution of Intention to Initiate and schedule a hearing on or after September 14, 2017

 

 

 

14.             2017-006196PCA                                                                      (D. SANCHEZ: 9415) 575-9082)

MEDICAL CANNABIS DISPENSARIES IN SUPERVISORIAL DISTRICT 11 [BOARD FILE 170516] - Planning Code Amendment to limit the number of medical cannabis dispensaries in Supervisorial District 11 to three at any given time; 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 making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302.

Preliminary Recommendation: Adopt a Recommendation of Approval with Modifications

 

15.             2013.0784ENX-02                                                                                  (D. VU: (415) 575-9120)

2177 3^rd STREET - east side between 18^th and 19^th Streets - Lots 003 & 003B in Assessor’s Block 4045 (District 9) - Request for Large Project Authorization pursuant to Planning Code Section 329 to modify the prior condition of approval for compliance with the Inclusionary Affordable Housing Program through payment of the Affordable Housing Fee equivalent to 30 percent of the total units, in-lieu of providing 16 percent as affordable on-site units pursuant to Planning Code Sections 415 and 419.3, as previously approved under Motion 19550 on January 14, 2016 (Case No. 2013.0784X) for the demolition of two existing buildings and construction of a 182,724 square feet, 68-ft. tall seven-story building over podium with up to 114 dwelling units, 3,298 square feet of ground floor commercial use, 9,519 sq. ft. of common residential open space, 91 off-street accessory auto parking and 102 Class 1 bicycle parking spaces at two basement levels accessed from 19th Street. The subject properties are located within the UMU (Urban Mixed Use) District and 68-X Height and Bulk District.

Preliminary Recommendation:  Approve with Conditions

 

16.             2017-000979CUA                                                                            (S.VELLVE: (415) 558-6263)

1522 BUSH STREET - north side of Bush Street, between Van Ness Avenue and Franklin Street; Lot 006 in Assessor’s Block 0666 (District 5) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 209.3 to allow a Health Service Use (d.b.a. Planned Parenthood of Northern California) on the second floor of a two-story building previously occupied by an Automotive Use within the RC-4 (Residential-Commercial, High Density), Van Ness Special Use District and a 130-V 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

 

17.             2017-000655CUA                                                                              (C. GROB: (415) 575-9138)

458 GROVE STREET - north side of Grove Street, between Octavia and Gough Streets; Lot 014 in Assessor’s Block 0793 (District 5) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 720.24 to establish an Outdoor Activity Area in a back patio of an existing restaurant use (d.b.a. Birba). The project proposes to expand the existing restaurant use into the adjacent 216 square foot garage space, which includes the replacement of an existing garage door with a storefront system. The project also includes the construction of a 7’ 8” tall pergola on the existing outdoor patio at the rear of the existing building, as well as the addition of outdoor seating for 26 patrons. The project would result in 1,490 square foot of restaurant use. 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.          2014-002849CUA                                                                             (C. GROB: 9415) 575-9138)

1196 COLUMBUS AVENUE - north side of Columbus Avenue, on the east side of the intersection of Columbus Avenue, Jones and Bay Streets; Lot 007 in Assessor’s Block 0043 (District 3) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 210.1 & 303 to establish a hotel use (dba: Moxy Hotel) within the C-2 (Community Business) District, Telegraph Hill-North Beach Residential Special Use District and a 40-X Height and Bulk District. The project proposes to demolish the existing one-story commercial building and construct a four-story-over-basement, 28,308 square foot hotel with 75 rooms. 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.

 

19.             2014.1509DRP                                                                                           (C. GROB: (415) 575-9138)

188 OCTAVIA STREET (A.K.A. CENTRAL FREEWAY PARCEL T) - east side of Octavia Street, between Page Street and Rose Street, Lot 034 in Assessor’s Block 0853 (District 5) - Request for Discretionary Review of Building Permit Application No. 2016.10.05.9557, proposing construction of a five-story mixed-use building on a vacant lot, also known as Central Freeway Parcel T. The project includes 27 dwelling units and approximately 3,000 square feet of ground floor retail, as well as a roof deck. The project does not include off-street vehicle parking. The property is located within the Hayes-Gough NCT (Neighborhood Commercial Transit) 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.

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve as Proposed

 

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	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.