ROLL CALL:                                                                     

 

                                         President:                              Rich Hillis                                                                                    Vice-President:                     Dennis Richards

                                         Commissioners:                    Rodney Fong, Christine Johnson, Joel Koppel,

                                                                                          Myrna Melgar, Kathrin Moore

 

 

A.               CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

 

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

 

1.            2014-002026ENX                                                     (L. AJELLO-HOAGLAND: (415) 575-6823)

               1726-1730 MISSION STREET - west side of Mission Street, between Duboce Avenue and 14^th Street, Lots 004A and 005 in the Assessor’s Block 3532 (District 9).  Request for Large Project Authorization, pursuant to Planning Code Section 329 and the Mission 2016 Interim Zoning Controls (Planning Commission Resolution No. 19865), to demolish a 11,200 square-foot (sq. ft.), two-story, approximately 20-foot ­tall industrial building, and to construct of a six-story, 66-foot ­tall, 35,893 sq. ft. mixed-use building with up to 40 dwelling units, approximately 2,250 sq. ft. of ground floor PDR (Production Distribution and Repair) use, and 22 off-street parking spaces. The project is not seeking any exceptions from the Planning Code. The project site is located within the UMU (Urban Mixed-Use) Zoning District and 68-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 1, 2017)

 

2a.          2015-015846DRM                                                   (E. GORDON-JONCKHEER: (415) 575-8728)

520 28^TH STREET - north side of 28^th Street between Castro and Diamond Streets; Lot 008 in Assessor’s Block  6604 (District 8) - Staff-Initiated Discretionary Review, pursuant to Planning Code Section 311(c)(1), of Building Permit Application No. 2015.11.12.2431,  proposing vertical and horizontal additions to the existing one-story single-family home, including a new second floor, a new two-car garage,  and two new basement levels within a RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District. In addition, the Zoning Administrator will consider a Variance from the requirements for rear yard (per Section 134).  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:  Pending

(Proposed for Continuance to July 6, 2017)

 

2b.          2015-015846VAR                                                          (E. GORDON-JONCKHEER: (415) 575-8728)

520 28^TH STREET - north side of 28^th Street between Castro and Diamond Streets; Lot 008 in Assessor’s Block 6604 (District 8) - Request for a Rear Yard Variance from the Zoning Administrator pursuant to Planning Code Section 134 to allow the demolition and replacement of the roof of the existing noncomplying structure constituting an increase in the volume of the building within the required rear yard.  The project is located in a  RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District. 

(Proposed for Continuance to July 6, 2017)

 

B.         CONSENT CALENDAR

 

All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and may be acted upon by a single roll call vote of the Commission.  There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing

              

3.            2016-003791CUA                                                                       (S. SKANGOS: (415) 575-8731)

401 3^RD STREET - east side between Harrison and Perry Streets; Lot 116 of Assessor’s Block 3763 (District 9) - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 303(c) and 842, to develop a Verizon Wireless Macro Telecommunications Services Facility consisting of nine (9) screened rooftop mounted panel antennas, two (2) GPS antennas and an associated screened rooftop equipment area as part of the Verizon Wireless Telecommunications Network. The subject property is located within the MUO (Mixed Use-Office) Zoning District and 65-X and 85-X Height and Bulk Districts. 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 April 6, 2017)

 

C.         COMMISSION MATTERS

 

4.            Consideration of Adoption:

·       Draft Minutes for May 4, 2016

 

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.            2016.011947CWP (S. NICKOLOPOULOS: (415) 575-9109)                                                                                                                                                            

CHILD CARE FACILITIES  - Planning Code Amendment to: 1) allow residential uses and Child Care Facility uses to share required open space; 2) remove a conditional use authorization requirement in certain residential zoning districts for Child Care Facilities for 15 or more children; 3) make Child Care Facilities principally permitted in the Downtown Commercial (Downtown Support) (C-3-S) and Public (P) Zoning Districts, and conditionally permitted in the Production, Distribution, and Repair (General) (PDR-1-G) and Production, Distribution, and Repair (Light Industrial Buffer) (PDR-1-B) Zoning Districts; 4) remove certain notice requirements for Child Care Facilities; and 5) make other conforming changes to the definition of Child Care Facility; affirming the Planning Department’s determination under the California Environmental Quality Act; and making  findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1.
Preliminary Recommendation: Adopt a Resolution Recommending Approval

 

9.                2014.0556GPA                                                                           (L. LANGLOIS: (415) 575-9083) 
VISION ZERO: GENERAL PLAN AMENDMENTS  - Pursuant to Planning Code Section 340, the Planning Commission will consider adopting amendments to the Transportation Element and the Urban Design Element of the General Plan to reflect the City’s Vision Zero Policy;  affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1, and recommending that the Board of Supervisors adopt an Ordinance approving the amendments.

Preliminary Recommendation: Adopt a Resolution Recommending Approval

 

10.          2016-010544CUA                                                                          (N. FOSTER: (415) 575-9167)

824 HYDE STREET - east side of Hyde Street, between Bush and Sutter Streets, Lot 017 in Assessor’s Block 0280 (District 3) - Request for Conditional Use Authorization pursuant to Planning Code Sections 209.3, 253, 303, and 303 (g) to establish a new Hotel Use exceeding the use size limitations, and to permit a building exceeding 50 feet within a RC Zoning District. The Project Site is located within a RC-4 (Residential-Commercial, High Density) Zoning District and 80-A Height and Bulk District. The Project Site is currently vacant; it was previously occupied by a four-story, eight-unit residential building that was destroyed by fire in 2010. The Project proposes to construct an approximately 64-foot-tall (up to maximum height of 69 feet, inclusive of mechanical equipment and elevator over-run), six-story-over-basement, 13,367 gross square foot (gsf) building on a partially down-sloping vacant lot. The proposed building would contain a Hotel Use (A Retail Sales and Service Use), providing thirty (30) tourist guest rooms. The Project would provide six (6) Class I bicycle parking spaces in the basement and two (2) Class II bicycle parking spaces on Hyde Street. While no off-street parking is proposed, the Project would seek approval by the SFMTA for a 40-foot-long passenger loading zone on Hyde Street, directly in front of the subject property. The resulting height of the building would exceed 50 feet in height. Even though the underlying Bulk and Height District (80-A) would allow for a taller structure, the Code requires approval by the Planning Commission according to the procedures for conditional use approval in Section 303 of this Code. 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

 

               11.             2013.1711CUA                                                                                 (D. SIROIS: (415) 575-8714)

495 CAMBRIDGE STREET - east side of Cambridge Street between Felton and Bacon Streets, Lot 060 in Assessor’s Block 5992A (District 6) - Request for Conditional Use Authorization for a Planning Unit Development (PUD), pursuant to Planning Code Sections 209.1, 303 and 304, to allow the demolition of four vacant school buildings and the construction of 29 residential buildings (nine stacked duplex buildings and 20 town-homes) with a total of 54 dwelling units on an 85,191 square foot lot. The dwelling units range in size from 1,750 square feet to 2,170 square feet, two to three bedrooms, with one private parking space for each unit. The stacked duplexes are accessed from Cambridge Street and from a new common private drive extending from Yale Street below. The three-story town-homes are accessed from the common private drive. The center of the property would have a common garden, play area and basketball court that can be accessed from Yale Street or via a landscaped pedestrian walkway connecting Cambridge Street to the new private drive. Under the PUD, the project is seeking a rear yard modification (Planning Code Section 134). The project is located in a RH-1 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

 

12.          2015-004085ENX                                                                    (K. DURANDET: (415) 575-6816)

349 8^TH STREET - east side of 8th Street between Folsom and Harrison Streets, Lots 054, 065, & 066 in Assessor’s Block 3755 (District 6) - Request for a Large Project Authorization (LPA) pursuant to Planning Code Section (§) 329 to merge three lots (054, 065, and 066) on Block 3755 currently used as a surface vehicular parking lot and construct a five-story, 55-foot tall (65 feet tall with rooftop structures), 40,457 square feet (sf), mixed-use residential building with 38 residential units and 926 sf of ground floor commercial space. The project proposes a 1,400 sf inner courtyard, a 1,100 sf outer courtyard fronting Rodgers Street, and 1,008 sf sky-bridge connecting portions of the fifth floor. All of the units on the ground floor would have private patios facing the inner or outer courtyard and another 8 units would have balconies over the outer courtyard. The project proposes 40 Class I and 4 Class II bicycle parking spaces.  No vehicle parking, below-grade levels, garage/basement, or curb-cuts are proposed. Under the LPA the project is seeking exceptions for required Rear Yard (§134), Permitted Obstructions (§136) and Street Frontages (§145.1). The subject property is located within the WMUG (Western SOMA Mixed-Use General) Zoning District, the Western SOMA Special Use 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

 

13a.       2015-005329CUA                                                                              (C. GROB: (415) 575-9138)

               719 LARKIN STREET - east side of Larkin Street between Olive and Ellis Streets, Lot 003 in Assessor’s Block 0717 (District 6) - Request for Conditional Use Authorization pursuant to Planning Code Sections 253 and 303 to construct a building exceeding 40 feet in height with more than 50 feet of street frontage at the front façade within a RC-4 Zoning District and 80-T Height and Bulk District. The proposal is to demolish the existing one-story commercial building and construct an eight-story mixed-use building comprised of 42 dwelling units and approximately 2,200 square feet of commercial space at the ground floor. The project would include 42 bicycle parking spaces at the ground floor and does not include any off-street vehicle parking. The Zoning Administrator will consider a request for a Variance pursuant to Planning Code Section 140 to allow the construction of 14 units that do not comply with the Dwelling Unit Exposure requirement, and a request for Rear Yard Modification pursuant to Section 134.  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

 

13b.        2015-005329VAR                                                                             (C. GROB: (415) 575-9138)

               719 LARKIN STREET - east side of Larkin Street between Olive and Ellis Streets, Lot 003 in Assessor’s Block 0717 (District 6) - Request for Variance pursuant to Planning Code Section 140 to allow the construction of 14 units that do not comply with the Dwelling Unit Exposure requirement, and a request for Rear Yard Modification pursuant to Section 134, within a RC-4 Zoning District and 80-T Height and Bulk District.  The proposal is to demolish the existing one-story commercial building and construct an eight-story mixed-use building comprised of 42 dwelling units and approximately 2,200 square feet of commercial space at the ground floor. The project would include 42 bicycle parking spaces at the ground floor and does not include any off-street vehicle parking.

 

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.

 

14.          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

(Continued from Regular Meeting of April 6, 2017)

NOTE: On April 6, 2017, after hearing and closing public comment, the item was continued to May 18, 2017 by a vote of +6 -1 (Johnson against).

 

15a.          2015-015496DRP                                                                                 (E. SAMONSKY: (415) 575-9112)

1467 SANCHEZ DRIVE AND 290 DAY STREET - northeastern corner of the intersection of Sanchez and Day Streets, Lot 111 in Assessor’s Block 6632, (District 8) - Request for Discretionary Review of Building Permit Application No. 201511162743 and 201511162748 proposing construction of a vertical addition and exterior and interior remodel of an existing 2,690 square-foot, two-story, two-family building into a 6,025 square-foot, four-story, two-family building, within the RH-2 (Residential House, Two 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).

Staff Analysis:  Full Discretionary Review

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

 

15b.         2015-015496VAR                                                                    (E. SAMONSKY: (415) 575-9112)

1467 SANCHEZ DRIVE AND 290 DAY STREET - northeastern corner of the intersection of Sanchez and Day Streets, Lot 111 in Assessor’s Block 6632, (District 8) -  Request for Rear Yard Variance, pursuant to Planning Code Section 134, to allow the removal and replacement of the roof of the noncomplying building, constituting an increase in the volume of the building envelope within the required rear yard, within the RH-2 (Residential House, Two Family) Zoning District and a 40-X Height and Bulk District.

 

16a.       2015-016132DRP                                                              (M. CHRISTENSEN: (415) 575-8742)

71 BRONTE STREET- east side of Bronte Street between Mojave Street and Jarboe Avenue; Lot 025 in Assessor’s Block 5689 (District 9) -  Request for Discretionary Review of Building Permit Application No. 201607011414 proposing a 576 square foot vertical addition to an existing one-and-one-half story, single family residence. 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

 

16b.       2015-016132VAR                                                              (M. CHRISTENSEN: (415) 575-8742)

71 BRONTE STREET - east side of Bronte Street between Mojave Street and Jarboe Avenue; Lot 025 in Assessor’s Block 5689 (District 9) - Request for Rear Yard Variance, pursuant to Planning Code Sections 134 and 242(e)(2), and request for a Mass Reduction Variance, pursuant to Planning Code Section 242(e)(3), to legalize construction in the required rear yard and to permit a vertical addition to the existing one-and-one-half-story, single-family residence.

 

17.          2015-012407DRP                                                              (M. CHRISTENSEN: (415) 575-8742)

75 BRONTE STREET - east side of Bronte Street between Mojave Street and Jarboe Avenue; Lot 024 in Assessor’s Block 5689 (District 9) - Request for Discretionary Review of Building Permit Application No. 201607112014 proposing a 383 square foot vertical addition to an existing two-story, single family residence. 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.