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.            2016-000814DRP                                                                    (E. SAMONSKY: (415) 575-9112)

1058 MISSISSIPPI STREET- west side, approximately 150 feet north of the intersection with 25th Street, Lot 022 in Assessor’s Block 4224 (District 9) - Request for Discretionary Review of Building Permit Application No. No. 2015.1231.6217 proposing new construction of a four-story, 3,360 square-foot, two-family residence on an existing vacant lot that includes two vehicle parking spaces, a roof deck and decks at the second, third and fourth floors 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).

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

               (Continued from Regular Meeting of February 16, 2017)

(Proposed for Continuance to April 27, 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

 

2.            2016-006642CUA                                                                     (C. CAMPBELL: (415) 575-8732)

               423 10^TH AVENUE - located on the west side of 10^th Avenue, between Geary Boulevard and Anza Street, Assessor’s Block 1534, Lot 003 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 & 209.1 to allow the use of a Religious Institution (Richmond Torah Center-Chabad), within an existing single family dwelling structure in a Residential-House, Two-Family (RH-2) 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

 

3.            2016-011789DRM                                                                            (A. PERRY: (415) 575-9017)

49 KEARNY STREET - west side of Kearny Street, between Post Street and Maiden Lane, Lot 002 in Assessor’s Block 0310 (District 3) - Request for Mandatory Discretionary Review of Building Permit Application No. 2016.09.13.7583 pursuant to Planning Code Sections 202.2(e)(1) and 210.2 to establish a new Medical Cannabis Dispensary (MCD) with approximately 760 square feet of space, in an existing vacant retail space at the third floor of the subject property, within the C-3-O (Downtown Office) Zoning District and 80-130-F Height and Bulk District. The MCD would permit on-site sales of medical cannabis only, also including concentrates, edibles, and tinctures. The MCD would not permit 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.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Take Discretionary Review and Approve with Conditions

 

C.         COMMISSION MATTERS

 

4.            Consideration of Adoption:

·       Draft Minutes for March 2, 2017

 

5.            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

 

6.            Director’s Announcements

 

7.            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.

 

 

8.                2017-001061PCA                                                                          (J. BINTLIFF: (415) 575-9170)

INCLUSIONARY AFFORDABLE HOUSING PROGRAM ORDINANCES - The Planning Commission will hear an Informational Presentation about two proposed Ordinances that would amend the Inclusionary Affordable Housing Program. The Commission will make recommendations to the Board of Supervisors on the two Ordinances at a later date, tentatively set for March 23, 2017.

a.         Planning Code Amendment titled, “lnclusionary Affordable Housing Fee and Requirements” [Board File No. 161351v2]. This proposed Ordinance would amend the Planning Code to revise the amount of the lnclusionary Affordable Housing Fee and the On-Site and Off-Site Affordable Housing Alternatives and other lnclusionary Housing requirements; adding reporting requirements for density bonus projects; affirming the Planning Department's determination under the California Environmental Quality Act; making findings under Planning Code, Section 302; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1.

b.        Planning Code Amendment titled, “Inclusionary Affordable Housing Fee and Dwelling Unit Mix Requirements” [Board File No. pending]. This proposed Ordinance would amend the Planning Code to revise the amount of the Inclusionary Affordable Housing Fee and the On-Site and Off-Site Affordable Housing Alternatives and other Inclusionary Housing requirements; to require minimum dwelling unit mix in all residential districts; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings under Planning Code Section 302; and making findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1.

                    Preliminary Recommendation: None – Informational

(Continued from Regular Meeting of March 9, 2017)

 

            3:00 p.m.

Items listed here may not be considered prior to the time indicated above. It is provided as a courtesy to limit unnecessary wait times. Generally, the Commission adheres to the order of the Agenda. Therefore, the following item(s) will be considered at or after the time indicated.

 

9.                                                                                                                    (C. ASBAGH: (415) 575-9165)

RETAIL TO OFFICE CONVERSIONS WITHIN UNION SQUARE - Informational Presentation providing an overview of the findings of an Office of Economic and Workforce Development report related to retail to office conversions in Union Square (C-3-R, Downtown Retail Core Zoning District).

                    Preliminary Recommendation: None – Informational

              

10.                                                                                                                (L. LANGLOIS: (415) 575-9083)

MARKET STREET HUB PROJECT - Informational Presentation on the Market Street Hub Project (“ the Hub”) including preliminary land use, urban form, public realm and public benefits recommendations. More information on the Market Street Hub Project can be found at http://sf-planning.org/market-street-hub-project

Preliminary Recommendation: None – Informational

 

 

 

 

11.          2014.1407C                                                                    (V. FLORES: (415) 575-9173)

1038 TARAVAL STREET - between 20^th and 21^st Avenues, Lot 018 in Assessor’s Block 2349, (District 4) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 741.69, and 790.123 to allow a change of use to legalize an existing tobacco paraphernalia establishment to abate Enforcement Case No. 13139_ENF. The subject property is located within the Taraval Street Neighborhood Commercial District (NCD) and 65-A Height and Bulk District. The tenant space is approximately 1,555 square feet and there are no proposed building expansions. 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

 

12.          2016-013911CUA                                                           (C. CLARKE: (415) 575-9184)

1100 GRANT AVENUE - on the northeast corner of Pacific Avenue, Lot 010 in Assessor’s Block 0162, (District 3) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 303.1, and 803.6 to authorize a 397 square-foot Formula Retail Sales and Service use (electronics store d.b.a. Cricket Wireless, a subsidiary of AT&T, that sells mobility products and services, including mobile telecommunication devices, plans, accessories, and technical services), previously occupied by a Retail Sales and Service use (gift shop d.b.a. Golden Harvest Investment Trading, Inc.), on the ground floor of the two-story-over-basement commercial building within the Chinatown Residential Neighborhood Commercial (CRNC) District, Chinatown Planning Area, and 50-N Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Approve with Conditions

 

13.          2016-003880CUA                                                                          (C. CLARKE: (415) 575-9184)

2487 MISSION STREET - between 21^st and 20^th Streets, Lot 019 in Assessor’s Block 3610, (District 9) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 303.1, 703.3, and 703.4 to authorize a 1,335 square-foot Formula Retail Sales and Service use (electronics store d.b.a. Cricket Wireless, a subsidiary of AT&T, that sells mobility products and services, including mobile telecommunication devices, plans, accessories, and technical services), previously occupied by a Retail clothing store (d.b.a. De Leon), on the ground floor of the two-story commercial building within the Mission Street Neighborhood Commercial Transit (NCT) District and 55-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Approve with Conditions

 

14.          2016-008074CUA                                                                            (D. SIROIS: (415) 575-8714)

               615 BAYSHORE BOULEVARD - located on the east side of Bayshore Boulevard between Industrial Street and Helena Streets, Lot 008 in Assessor’s Block 5372, (District 9) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 249.65(c)(2)(E) and 303, to establish an automotive repair facility in an existing single-story 10,142 sq ft building  within the Bayshore Boulevard Home Improvement Special Use District. The new automotive repair facility would replace the stone, tile and flooring wholesale/retail outlet that previously occupied the building. The subject property is located within the PDR-2 (Core Production, Distribution and Repair) Zoning District, Bayshore Boulevard Home Improvement Special Use District, and 65-J Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

               Preliminary Recommendation: Approve with Conditions

               (Continued from Regular Meeting of March 2, 2017)

 

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.

 

15.          2016-011542DRP                                                                    (K. DURANDET: (415) 575-6816

2070 FOLSOM STREET - west side of Folsom Street between 17^th and 16^th Streets,  Lot 031 in Assessor’s Block 3571, (District 9) - Request for Discretionary Review of Building Permit Application No. 2016.08.05.4294 for the new construction of 127 affordable housing units over ground floor commercial, institutional and community services. Per Planning Code Section 315, the project qualifies for an Affordable Housing Project Authorization (AHPA), which is an administrative review similar to a Large Project Authorization (LPA). Under the AHPA, the project is seeking exceptions to the Planning Code requirements for: rear yard (Planning Code 134), usable open space for residential units (Planning Code 135), dwelling unit exposure (Planning Code 140), ground floor height (Planning Code 145.1), off-street loading (Planning Code 152.1), and the calculation for maximum allowable height from curb (Planning Code 260) (See 2016-011542ENX).  The project will provide on-site childcare and housing for transitional aged youth and retail. A publicly accessible promenade will be a feature adjacent to the park with two access points. On July 28, 2016, the Planning Commission reviewed a Zoning Map Amendment related to the project (See 2015-014715PCA). The subject lot is located in the UMU (Urban Mixed Use) Zoning District and 85-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

 

               16.        2016-007062DRP-02                                                                         (J. HORN: (415) 575-6925)

752 ELIZABETH STREET - north side between Douglas and Diamond Streets, Lot 018 in Assessor’s Block 2805, (District 8) - Request for Discretionary Review of Building Permit Application No. 2015.07.17.1767 proposing a two-story vertical addition and one-story horizontal rear addition to an existing one-story-over-garage single-family home 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: Do Not Take Discretionary Review and Approve

 

17.          2016-000017DRP                                                                    (E. SAMONSKY: (415) 575-9112)

43 EVERSON STREET - south side approximately 150 feet east of the intersection with Beacon Street, Lot 024 in Assessor’s Block 7542, (District 8) - Request for Discretionary Review of Building Permit Application No. 2016.01.27.8097 proposing construction of a three-story horizontal rear addition and remodel the front facade and interior of a 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:  Abbreviated Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

 

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.