ROLL CALL:                                                                         

                                            President:                                Rodney Fong

                                            Vice-President:                      Cindy Wu

                                            Commissioners:                    Michael J. Antonini; Rich Hillis; Christine Johnson

                                                                                                Kathrin Moore; Dennis Richards

 

A.            CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

 

The Commission will consider a request for continuance to a later date.  The Commission may choose to continue the item to the date proposed below, to continue the item to another date, or to hear the item on this calendar.

 

1.                   2013.1407C                                                                                                            (S. LAI:  (415) 575-9087)

2501 CALIFORNIA STREET - southwest corner at Steiner Street; Lots 001,002, and 034 in Assessor’s Block 0655 - Request for Conditional Use Authorization pursuant to Planning Code Sections 121.1, 121.2, 703.3, 718.11, 718.21, 718.27, 186.1, 303 and 303.1 for the demolition of the convenience store, the non-conforming  automotive service use, and the non-conforming automotive gas station (d.b.a. Shell); and to allow the reconstruction of the non-conforming automotive gas station (d.b.a. Shell), and the establishment of a formula retail convenience store (d.b.a. Loop), both proposing 24 hours operation, within the Upper Fillmore Street Neighborhood Commercial District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Pending

(Proposed for Continuance to April 23, 2015)

 

2.                   2012.0978_2DRP                                                                                         (C.TOWNES: (415) 575-9195)

896 DE HARO STREET - northwest corner of De Haro Street and Southern Heights Avenue, Lot 018 in Assessor’s Block 4095 - Request for Discretionary Review of Building Permit Application No. 2012.04.24.9018 (New Construction) proposing a new four-level (three story over basement), two-unit residential townhome building with two off-street parking spaces 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 Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Full Discretionary Review

WITHDRAWN

 

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.                   2015-001475CND                                                                                         (L. AJELLO: (415) 575-9142)

140 DIVISADERO STREET - east side of Divisadero Street between Waller Street and Duboce Avenue; Lot 056 in Assessor’s Block 1260 - Request for Condominium Conversion Subdivision to convert a two-story-over-basement, six-unit building into residential condominiums within a RH-3 (Residential, House, Three-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve

 

4.                   2014.1029Q                                                                                                    (L. AJELLO: (415) 575-9142)

1580 LOMBARD STREET - north side of Lombard Street between Gough and Franklin Streets; Lot 007A in Assessor’s Block 0497 - Request for Condominium Conversion Subdivision to convert a two-story-over-garage, six-unit building into residential condominiums within a NC-3 (Neighborhood Commercial, Moderate Scale) 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 Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve

 

C.         COMMISSION MATTERS

 

5.             Consideration of Adoption:

·         Draft Minutes for March 12, 2015 – Rules Committee

·         Draft Minutes for March 12, 2015

               

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.

 

9a.          2014.0925T                                                                                                  (P. CHASAN: (415) 575-9065)

ADOPTION OF PLANNING CODE AMENDMENTS TO REFLECT ADOPTION OF THE RINCON HILL STREETSCAPE PLAN - Pursuant to Planning Code Sections 302, the Planning Commission will consider a Resolution to Adopt Planning Code Amendments to reflect the adoption of the Rincon Hill Streetscape Plan. The amendments are intended to a) acknowledge the completion and adoption of the Rincon Hill Streetscape Plan, and, b) remove outdated language in Planning Code section proposed for amendment is Section 138.1.

Preliminary Recommendation: Adopt a Recommendation for Approval

 

9b.          2014.0925M                                                                                                 (P. CHASAN: (415) 575-9065)

ADOPTION OF GENERAL PLAN AMENDMENTS TO REFLECT ADOPTION OF THE RINCON HILL STREETSCAPE PLAN - Pursuant to Planning Code Sections 340, the Planning Commission will consider a Resolution to Adopt General Plan Amendments to the Rincon Hill Area Plan of the to reflect the adoption of the Rincon Hill Streetscape Plan. The amendments are intended to a) acknowledge the completion and adoption of the Rincon Hill Streetscape Plan, and, b) remove outdated language in the Rincon Hill Area Plan of the General Plan.

Preliminary Recommendation: Adopt a Recommendation for Approval

 

10.          2015-000709PCA                                                                                   (D. SÁNCHEZ:  (415) 575-9082)

MASSAGE ESTABLISHEMENTS ORDINANCE [Board File No. 141303] - Planning Code Amendment to require that massage establishments, as defined, obtain a Conditional Use permit; listing exceptions to that requirement; and making findings of public necessity, convenience, and welfare under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1.

 Preliminary Recommendation: Adopt a Recommendation for Approval

 

11.          2015-001077CUA                                                                                               (K. GUY: (415) 558-6163)

168-186 EDDY STREET - northeast corner at Taylor Street; Lots 010 and 011 is Assessor’s Block 0331 - Request for Conditional Use Authorization of a building exceeding 50 feet in height within an RC District, pursuant to Planning Code Section 253, and of a Planned Unit Development, pursuant to Section 304, with specific modifications to Planning Code regulations related to rear yard, bulk, active street frontages, usable open space, and street-wall setbacks. The proposal is to construct a new 8-story, 88-foot tall mixed-use building containing approximately 103 affordable dwelling units, 5,300 gross square feet of ground-floor commercial space, community rooms, and no off-street parking. On March 26, 2009, the Planning Commission approved entitlements for a project at the site to construct a new 14-story, 130-foot tall mixed-use building containing approximately 153 affordable dwelling units, 14,250 gross square feet of ground-floor commercial space (Case No. 2007.1342CK). The term of these entitlements was extended by the Planning Commission on July 19, 2012. The actions currently being requested would extend the term of the previous approvals, and would amend the entitlements to reflect the reduced scale and revised design of the project. The subject property is located within the RC-4 Zoning District, the 80-130-T Height and Bulk District, and the North of Market Residential Special Use District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve with Conditions

 

12a.        2013.1179CV                                                                                                  (T. CHANG: (415) 575-9197)

1700 MARKET STREET - north side of Market Street at the intersection of Haight Street and Gough Street, Lots 016 in Assessor’s Block 0855 - Request for Conditional Use Authorization pursuant to Planning Code Sections 207.6 and 303 to modify the required unit mix, as less than 40% of the total number of proposed dwelling units on site contains at least two bedrooms. The proposal is to demolish the existing two-story commercial building and construct an eight-story 31,673 square foot mixed-use building with 48 dwelling units, 1,549 square feet of ground floor commercial space and 50 bicycle parking spaces, within a Moderate Scale Neighborhood Commercial Transit (NCT-3) District and 85-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve with Conditions

 

                12b.        2013.1179CV                                                                                                  (T. CHANG: (415) 575-9197)

1700 MARKET STREET - north side of Market Street at the intersection of Haight Street and Gough Street, Lots 016 in Assessor’s Block 0855 - Request for a Variance from Planning Code Section 136 (permitted obstructions) and a modification of the rear yard requirements (Planning Code Section 134), which the Zoning Administrator will consider following the Planning Commission’s consideration of the request for Conditional Use Authorization. This project is located within a Moderate Scale Neighborhood Commercial Transit (NCT-3) District and 85-X Height and Bulk District.

 

13a.       2014.0965CV                                                                                                      (C. GROB: (415) 575-9138)

126-130 LAGUNA STREET - east side of the street between Haight and Waller Streets; Lot 013 in Assessor’s Block 0856 - The project proposes to add two dwelling units into an existing five-unit multifamily building. The proposed units would be located within the existing basement, thereby not expanding the overall depth or width of the existing building. The project proposes to fill in the recesses between bay windows at the basement level. No work is proposed on the 1st, 2nd, and 3rd floor. Request for Conditional Use Authorization, pursuant to Planning Code Section 209.1(k)(209.4) to establish a dwelling unit density not exceeding one unit per 400 square feet of lot area. The project also requires a variance from Planning Code Section 135 (residential open space) and a modification of the rear yard requirements (Planning Code Section 134), which the Zoning Administrator will consider following the Planning Commission’s consideration of the request for Conditional Use Authorization. The project site is located within a RTO (Residential Transit-Oriented) District and 40-X Height and Bulk Districts. 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.

Note: On 03/20/15 the Article Two Reorganization Ordinance (Board File 141253) will become effective.   This Ordinance will change several references in the Planning Code, which may impact what sections of the Planning Code apply to this project.  During this transition period, both the old and the new references are listed in this notice (motion/resolution) to avoid any confusion.

Preliminary Recommendation: Approve with Conditions

 

 

 

13b.       2014.0965CV                                                                                                      (C. GROB: (415) 575-9138)

126-130 LAGUNA STREET - east side of the street between Haight and Waller Streets; Lot 013 in Assessor’s Block 0856 – Request for Variance pursuant to Planning Code Sections 134 and 135 to fill in a bay within the required rear yard, to provide less residential open space than required by the Planning Code and for said open space to be covered. The project proposes to add two dwelling units into an existing five-unit multifamily building. The proposed units would be located within the existing basement, thereby not expanding the overall depth or width of the existing building. The project proposes to fill in the recesses between bay windows at the basement level. No work is proposed on the 1st, 2nd, and 3rd floor.  The project site is located within a RTO (Residential Transit-Oriented) District and 40-X Height and Bulk Districts.

 

                14a.        2012.1553CV                                                                                                      (R. SUCRE: 415/575-9108)

1174-1178 FOLSOM STREET - located at the west side of Folsom between 8^th and Rausch Streets, Lots 023 and 024 in Assessor’s Block 3730 – Request for a Conditional Use Authorization, pursuant to Planning Code Sections 121.1, 303, 743.21 and 743.86, to establish a non-residential use (office) larger than 4,000 square feet in the Folsom St Neighborhood Commercial Transit (NCT) Zoning District. The proposed project includes demolition of the two existing industrial buildings and the new construction of a six-story, mixed-use building with two ground floor retail spaces (collectively measuring 3,990 square feet), a second floor office space (approximately 5,988 square feet), and 42 single-room occupancy units on the third, fourth, fifth and sixth floors. The project site is located within the Folsom St NCT, Western SoMa Special Use District, and 65-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve with Conditions

 

                14b.       2012.1553CV                                                                                                      (R. SUCRE: 415/575-9108)

1174-1178 FOLSOM STREET - located at the west side of Folsom between 8^th and Rausch Streets, Lots 023 and 024 in Assessor’s Block 3730 – Request for a Variance from the Zoning Administrator to address the requirements for open space (Planning Code Section 135) and exposure (Planning Code Section 140) for the proposed single-room occupancy (SRO) units. The proposed project includes demolition of the two existing industrial buildings and the new construction of a six-story, mixed-use building with two ground floor retail spaces (collectively measuring 3,990 square feet), a second floor office space (approximately 5,988 square feet), and 42 SRO units on the third, fourth, fifth and sixth floors. The project site is located within the Folsom St NCT, Western SoMa Special Use District, and 65-X Height and Bulk District.

 

15a.        2014.1426CV                                                                                                  (M. Smith: (415) 558-6322)

4022 – 4026 24^th STREET - north side of the street between Castro and Noe Streets; Lot 010 in Assessor’s Block 3656 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 728.21, 728.41, and 303 to construct an addition at the rear of the building that would add two dwellings and expand the existing ground floor commercial space beyond the 2,499 gross square-foot use size limitation for the District and establish a restaurant with a type 47 ABC license (d.b.a. Tom Rai) that would retain the existing place of entertainment use but amend the conditions of approval contained in Motion 8778 that pertain to the use to expand the hours and permit amplified entertainment. The project includes remodeling the storefront and adding a roof deck with two stair penthouses for access.  The project also requires a parking reduction pursuant to Section 161 of the Code and a rear yard variance pursuant to Section 134 of the Code for the ground floor portion that extends into the required rear yard.  The project site is located within the 24^th Street/ Noe Valley Neighborhood Commercial District and 40-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

(Continued from Regular Meeting of March 19, 2015)

 

15b.        2014.1426CV                                                                                                  (M. SMITH: (415) 558-6322)

4022 - 4026 24^th STREET - north side of the street between Castro and Noe Streets; Lot 010 in Assessor’s Block 3656 - Request for a Variance pursuant to Section  134 of the  Planning Code to construct a  three-story addition at the rear of a mixed-use building. The proposed addition would extend the depth of the building to the rear property line at the ground floor and add two dwelling units to the property. The project also requires a parking reduction pursuant to Section 161 of the Code. The project site is located within the 24^th Street/ Noe Valley Neighborhood Commercial District and 40-X Height and Bulk Districts.

(Continued from Regular Meeting of March 19, 2015)

 

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.

 

16.          2014.1544D                                                                                                     (J. SPEIRS: (415) 575-9106)

2544 3RD STREET - west side between 22^nd Street and 23^rd Street; Lot 007 in Assessor’s Block 4172 - Request for a Mandatory Discretionary Review, pursuant to Planning Code Section 790.141 in association with Building Permit Application No. 2014.06.23.9115, proposing to establish a Medical Cannabis Dispensary (d.b.a.) “Dogpatch Collective”) on the ground floor of an existing building, this project lies within the NCT-2 (Small Scale Neighborhood Commercial Transit) Zoning District and 45-X Height and Bulk District. 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:  Take Discretionary Review and Approve with Conditions

 

17.          2012.0978DRP                                                                                            (C. TOWNES: (415) 575-9195)

896 DE HARO STREET - northwest corner of De Haro Street and Southern Heights Avenue, Lot 018 in Assessor’s Block 4095 - Request for Discretionary Review of Building Permit Application No. 2012.04.24.9018 (New Construction) proposing a new four-level (three story over basement), two-unit residential townhome building with two off-street parking spaces within the Potrero Hill Neighborhood, 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 purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Full Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and Approve as Modified

 

H.            PUBLIC COMMENT

 

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

 

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

 

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

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

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

 

Adjournment

Hearing Procedures

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

 

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

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

 

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

 

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

 

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

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

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

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

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

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

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

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

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

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

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

 

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

 

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

 

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

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

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

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

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

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

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

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

 

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

 

Hearing Materials

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

 

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

 

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

 

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

 

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

 

Appeals

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

 

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

 

* Appeals of Planning Commission decisions on Building Permit Applications (Discretionary Review) must be made within 15 days of the date the building permit is issued/denied by the Department of Building Inspection (not from the date of the Planning Commission hearing).  Appeals of Zoning Administrator decisions on Variances must be made within 10 days from the issuance of the decision letter.

 

**An appeal of a Certificate of Appropriateness or Permit to Alter/Demolish may be made to the Board of Supervisors if the project requires Board of Supervisors approval or if the project is associated with a Conditional Use Authorization appeal.  An appeal of an Office Allocation may be made to the Board of Supervisors if the project requires a Conditional Use Authorization.

 

For more information regarding the Board of Appeals process, please contact the Board of Appeals at (415) 575-6880.  For more information regarding the Board of Supervisors process, please contact the Clerk of the Board of Supervisors at (415) 554-5184 or board.of.supervisors@sfgov.org.

 

Challenges

Pursuant to Government Code Section 65009, if you challenge, in court, (1) the adoption or amendment of a general plan, (2) the adoption or amendment of a zoning ordinance, (3) the adoption or amendment of any regulation attached to a specific plan, (4) the adoption, amendment or modification of a development agreement, or (5) the approval of a variance, conditional-use authorization, or any permit, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission, at, or prior to, the public hearing.

 

CEQA Appeal Rights under Chapter 31 of the San Francisco Administrative Code

If the Commission’s action on a project constitutes the Approval Action for that project (as defined in S.F. Administrative Code Chapter 31, as amended, Board of Supervisors Ordinance Number 161-13), then the CEQA determination prepared in support of that Approval Action is thereafter subject to appeal within the time frame specified in S.F. Administrative Code Section 31.16.  This appeal is separate from and in addition to an appeal of an action on a project.  Typically, an appeal must be filed within 30 calendar days of the Approval Action for a project that has received an exemption or negative declaration pursuant to CEQA.  For information on filing an appeal under Chapter 31, contact the Clerk of the Board of Supervisors at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102, or call (415) 554-5184.  If the Department’s Environmental Review Officer has deemed a project to be exempt from further environmental review, an exemption determination has been prepared and can be obtained on-line at http://www.sf-planning.org/index.aspx?page=3447. Under CEQA, in a later court challenge, a litigant may be limited to raising only those issues previously raised at a hearing on the project or in written correspondence delivered to the Board of Supervisors, Planning Commission, Planning Department or other City board, commission or department at, or prior to, such hearing, or as part of the appeal hearing process on the CEQA decision.

 

Protest of Fee or Exaction

You may protest any fee or exaction subject to Government Code Section 66000 imposed as a condition of approval in accordance with Government Code Section 66020.  The protest must satisfy the requirements of Government Code Section 66020(a) and must be filed within 90 days of the date of the first approval or conditional approval of the development referencing the challenged fee or exaction.  For purposes of Government Code Section 66020, the date of imposition of the fee shall be the date of the earliest discretionary approval by the City of the subject development.  

 

The Planning Commission’s approval or conditional approval of the development subject to the challenged fee or exaction as expressed in its Motion, Resolution, or Discretionary Review Action or the Zoning Administrator’s Variance Decision Letter will serve as Notice that the 90-day protest period under Government Code Section 66020 has begun.