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.

 

1a.          2014-001457CUA                                                              (M. CHRISTENSEN: (415) 575-8742)

65 CAPP STREET - northeast corner of Capp Street and Adair Street, Lot 041 in Assessor’s Block 3553 (District 9) - Request for Conditional Use Authorization pursuant to Planning Code Sections 231, 303, 209.4, 317, and 710.48, proposing to legalize an existing entertainment use on the ground floor of the existing  single-family dwelling. The project includes the merger/conversion of a portion of the existing dwelling unit to create a ground floor theater and live performance space. The project is located within the Residential Transit Oriented – Mission (RTO-M) 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

(Proposed for Continuance to June 22, 2017)

 

1b.         2014-001457VAR                                                              (M. CHRISTENSEN: (415) 575-8742)

65 CAPP STREET - northeast corner of Capp Street and Adair Street, Lot 041 in Assessor’s Block 3553 (District 9) - Request for Variance from Planning Code requirements for street frontage transparency (Planning Code Section 145.1) to legalize an existing entertainment use on the ground floor of the existing  single-family dwelling. The project is located within the Residential Transit Oriented – Mission (RTO-M) Zoning District and 40-X Height and Bulk District.

(Proposed for Continuance to June 22, 2017)

 

2.            2017-003880PCAMAP                                                                (A. BUTKUS: (415) 575-9129)

CORONA HEIGHTS LARGE RESIDENCE SPECIAL USE DISTRICT [BF 170296] - Planning Code and Zoning Map Amendments to Sectional Maps SU06 and SU07 creating the Corona Heights Large Residence Special Use District (the area within a perimeter established by Market Street, Clayton Street, Ashbury Street, Clifford Terrace, Roosevelt Way, Museum Way, the eastern property line of Assessor's Parcel No. 2620, Lot No. 063, the eastern property line of Assessor's Parcel No. 2619, Lot No. 001A, and Douglass Street; and all additional parcels fronting States Street), to promote and enhance neighborhood character and affordability by requiring Conditional Use authorization for large residential developments in the district; 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: Pending

(Proposed for Continuance to June 22, 2017)

 

3.            2014-003153CUA                                                                            (A. PERRY: (415) 575-9017)

2505 NORIEGA STREET - southwest corner of Noriega Street and 32^nd Avenue, Lot 012 in Assessor’s Block 2069 (District 4) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 306.7, and interim zoning controls established under Resolutions 179-15 and 544-16, proposing to establish a new Medical Cannabis Dispensary (MCD) (d.b.a. The Apothecarium) in a currently vacant commercial space at the ground floor of the subject property, last occupied by Ace Pharmacy. The MCD would not allow for on-site medication of medical cannabis (e.g. smoking, vaporizing, and consumption of medical cannabis edibles), nor would the MCD permit on-site cultivation of plants for harvesting medical product. The MCD would permit on-site sales of medical cannabis only and also proposes to provide delivery services. The project is located within the Noriega Street Neighborhood Commercial District (NCD) 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: Pending

(Proposed for Continuance to July 13, 2017)

 

4.            2015-018150CUA                                                                                (C. MAY: (415) 575-9087)

137 CLAYTON STREET - west side of Clayton Street, between Grove and Hayes Streets, Lot 006 in Assessor’s Block 1194 (District 5) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 317 to demolish an existing two-story, single-family dwelling and construct a new four-story, 3-unit residential building within an RH-3 (Residential – House, Three-Family) Zoning 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: Pending

(Continued from Regular Meeting of February 9, 2017)

(Proposed for Continuance to August 24, 2017)

 

5.            2016-000688DRP-02                                                                                         (C. MAY: (415) 575-9087)

116 10^th AVENUE - east side of 10^th Avenue between Lake and California Streets; Lot 034 in Assessor’s Block 1369 (District 1) - Requests for Discretionary Review of  Building Permit Application No. 2016.01.12.6840 proposing the construction of a rear horizontal addition and vertical addition to the existing single family dwelling.  The subject property is 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).

Staff Analysis: Abbreviated Discretionary Review

Preliminary Recommendation: Pending

(Proposed for Continuance to August 31, 2017)

                             

B.         COMMISSION MATTERS

 

6.            Consideration of Adoption:

·       Draft Minutes for May 18, 2017 -Joint Hearing w/Recreation and Park Commission

·       Draft Minutes for May 18, 2017

 

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.

                   

C.         DEPARTMENT MATTERS

 

8.            Director’s Announcements

 

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

              

D.         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.

 

E.               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.                                                                                                                      (A. STARR: (415) 578-6362)

CALIFORNIA PROPOSITION 64, THE “ADULT USE OF MARIJUANA ACT - Informational Presentation on Proposition 64, passed by the voters in November 2016, which legalized the cultivation, sale and use of non-medical (a.k.a. adult use) cannabis. City Staff, including staff from the Department of Public Health, will provide an overview of the Proposition and the City’s related implementation planning efforts.

Preliminary Recommendation:  None - informational

 

11.          2011.2287CWP                                                                                (A. BRASK: (415) 575-9078)

URBAN FOREST PLAN: PHASE I – Adopted in by the Board of Supervisors in 2015, the Urban Forest Plan Phase I: Street Trees, identifies policies and strategies to create an expanded, healthy, and thriving street tree population for all of San Francisco. In January 2017, the City of San Francisco completed the first citywide street tree census, a recommendation from Phase 1 of the Plan. This Informational Presentation will highlight the survey’s findings to the Commission and give an update on Urban Forest Plan work.

Preliminary Recommendation: None – Informational

 

 

 

 

12.          2014.2110CWP                                                                            (M. WENGER: (415) 575-9126)

WESTERN SHORELINE AREA PLAN - Pursuant to Planning Code Section 340, the Planning Commission will consider a General Plan Amendment, adopting changes to the Western Shoreline Area Plan, the City’s Local Coastal Program, to incorporate sea level rise and coastal erosion policies in a new Coastal Hazards section.

Preliminary Recommendation: Adopt

               (Continued from Regular Meeting of April 13, 2017)

 

13.          2017-004521MAP                                                                      (D. SANCHEZ: (415) 575-9082)

THIRD STREET FORMULA RETAIL RESTRICTED USE DISTRICT - Pursuant to Planning Code Section 302, the Planning Commission will consider a Resolution of Intention to Initiate Zoning Map Amendments to Sectional Map SU10 of the City and County of San Francisco.  The amendment would amend the Zoning Map to reflect the inclusion of Lots 06 and 09 in Assessor’s Block 5419 (5545 Third Street and 5501 Third Street, respectively) in the Third Street Formula Retail Restricted Use District; and affirming the Planning Department’s determination under the California Environmental Quality Act, and making Planning Code Section 302 findings and findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1.  This change is intended to correct a minor omission in the Zoning Map given that the Ordinance establishing the Third Street Formula Retail Restricted Use District lists these properties as being within the Restricted Use District. Preliminary Recommendation: Adopt a Resolution of Intent to Initiate and schedule a public hearing on or after June 28, 2017.

 

 14.         2017-000475PCA                                                                          (A. BUTKUS: (415) 575-9129)

CAR-SHARE AND SHARED LIMITED RANGE VEHICLE PARKING REQUIREMENTS [BOARD FILE NO. 170625, PREVIOUSLY BF 161349] - Planning Code Amendment to allow Shared Limited Range Vehicle (scooter) off-street parking in certain designated spaces and amending the Car-Share Program provisions; 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 under Planning Code, Section 302.

Preliminary Recommendation: Adopt a Recommendation for Approval

(Continued from Regular Meeting of May 4, 2017)

              

14.15.    2015-015866CUA                                                                    (E. SAMONSKY: (415) 575-9112)

650 ANDOVER STREET - southwest corner of Richland Avenue and Andover Street; Lot 001 of Assessor’s Block 5744 (District 9) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.1, 303 and 317 to convert the ground floor dwelling unit of the two-family building located at 650 Andover Street to a Child Care Facility for up to 26 children within a RH-2 (Residential-House, Two Family) District and an 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

 

F.                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.

 

15.16.    2013.1404DRP                                                                               (J. DISALVO: (415) 575-9182)

1298 VALENCIA STREET - located at the northwest corner of 24^th Street and Valencia Streets, at the corner of 24^th Street, Lot 021 in Assessor’s Block 3644 (District 8) -  Request for Discretionary Review of Building Permit Application No. 2015.02.19.8775 proposing to demolish the existing one-story, 1,758 square foot automotive service and gas station (dba 76) and construct a new six-story, 55 foot tall, 42,612 gross square foot mixed-use building with a 1,457 square foot retail space and a 535 square foot community arts space on the ground floor and 35 dwelling units on the second through sixth stories within the Valencia Street NCT (Neighborhood Commercial Transit) Zoning District and 55-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of May 11, 2017)

 

16.17.    2015-016467DRP-02                                            (E. GORDON-JONCKHEER: (415) 575-8728)

653 28^TH STREET - south side of 28^th Street between Diamond and Douglass Streets; Lot 024 in Assessor’s Block 7520 (District 8) - Requests for Discretionary Review of  Building Permit Application No. 2017.0217.9712 proposing the new construction of a three-story over basement single-family dwelling. The project also includes the demolition of the existing two-story single-family house (Building Permit Application 2017.0217.9713). The subject property is 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

 

17.18.    2014.0168DRP                                                                          (K. DURANDET (415) 575-6816)

2092 3^RD STREET - northwest corner of 3^rd and 18^th Streets; Lot 007 in Assessor’s Block 3995 (District 10) - Request for Discretionary Review of Building Permit Application Nos. 2015.0717.1867 and 2015.0717.1874. The proposed project includes demolition of the existing building and new construction of a six-story, 68-foot-tall, 22,615-square-foot building consisting of 19 dwelling units, 3,110 square feet of ground-floor retail, 10 automobile parking spaces and 20 bicycle parking spaces in a below grade parking area of 5,000 square feet. The project consists of 10 1-bedroom, 8 2-bedroom, and 1 3-bedroom dwelling units and is in compliance with the Planning Code. The subject property is within the UMU (Urban Mixed Use) Zoning District, Life Science and Medical Special Use District, and 68-X Height and Bulk District.

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

 

G.               PUBLIC COMMENT

 

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

 

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

 

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

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

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

 

Adjournment

Hearing Procedures

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

 

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

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

 

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

 

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

 

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

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

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

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

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

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

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

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

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

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

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

 

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

 

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

 

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

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

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

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

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

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

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

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

 

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

 

Hearing Materials

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

 

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

 

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

 

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

 

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

 

Appeals

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

 

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.