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.

 

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

 

1.                   2015-010567CND                                                                                     (W. FARRENS: (415) 575-9172)

2466 FRANCISCO STREET - north side between Baker and Broderick Streets, Lot 018 in Assessor’s Block 0926 - Request for Condominium Conversion Subdivision to convert a three-story, 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

 

2.                   2015-009340CND                                                                                     (W. FARRENS: (415) 575-9172)

359 WALLER STREET - south side between Fillmore and Webster Streets, Lot 028 in Assessor’s Block 0868 - Request for Condominium Conversion Subdivision to convert a two-story, six-unit building into residential condominiums within a RTO (Residential, Transit Oriented) 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  

 

3.             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

 

4.             Director’s Announcements

 

5.             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.

 

6.          2012.1398E                                                                                              (C. FORDHAM: (415) 575-9071)

1601 MARIPOSA STREET - 3.6-acre project site on portions of two blocks (Assessor’s Block 4005 and 4006) located in the Showplace Square/Potrero Sub-area of the Eastern Neighborhoods Rezoning and Area Plan bounded by Mariposa Street to the north, Arkansas Street to the east, 18^th Street to the south, and Carolina Street to the west – Certification of the Final Environmental Impact Report. The proposed project would demolish three existing one- and two-story commercial, office, and warehouse buildings and associated surface parking lots and construct two four-story mixed-use buildings. Approximately 299 residential units and 9,555 square feet of ground floor commercial space would be distributed throughout both buildings. A two-level below-grade parking garage would contain approximately 249 parking spaces and be accessible from Arkansas Street and 18th Street. The proposed buildings would have heights ranging from 31 feet to 40 feet. A total of approximately 42,777 gsf of publicly accessible and private open space would be developed throughout the project site. The project site is located in an Urban Mixed-Use (UMU) Use District. 

NOTE: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on February 17, 2015. Public comment will be received when the item is called during the hearing. However, comments submitted may not be included in the Final EIR.

Preliminary Recommendation: Certify the Final EIR

 

7a.          2012.1398E                                                                                                   (C. TOWNES: (415) 575-9195)

1601 MARIPOSA STREET- bounded by Mariposa Street, 18^th Street, Carolina Street, and Arkansas Street; Lots 001B and 004 in Assessor’s Block 4005 and Lots 006, 010, 019 and 020 in Assessor’s Block 4006 - Adoption of CEQA Findings for the proposed project, including the demolition of three existing one-to-two-story office and warehouse buildings and a surface parking lot, and the construction of a new approximately 331,534 square foot, mixed-use residential development, including two four-story buildings up to 40 feet tall composed around a publically-accessible north-south mid-block alley, a publically-accessible east-west pedestrian passageway and two private interior residential courtyards. The proposed project includes 299 dwelling units, 5,593 square feet of retail, 3,962 square feet of PDR (Production, Distribution and Repair), 243 off-street parking spaces, six car-share parking spaces and a total of 369 bicycle parking spaces. The subject property is located within the UMU (Urban Mixed-Use) Zoning District and 40-X Height and Bulk District.

Preliminary Recommendation:  Adopt Findings

 

7b.          2012.1398X                                                                                                   (C. TOWNES: (415) 575-9195)

                1601 MARIPOSA STREET - bounded by Mariposa Street, 18^th Street, Carolina Street, and Arkansas Street; Lots 001B and 004 in Assessor’s Block 4005 and Lots 006, 010, 019 and 020 in Assessor’s Block 4006 - Request for a Large Project Authorization (LPA), pursuant to Planning Code Section 329, to demolish three existing one-to-two-story office and warehouse buildings and a surface parking lot, and construct a new approximately 331,534 square foot, mixed-use residential development, including two four-story buildings up to 40 feet tall composed around a publically-accessible north-south mid-block alley, a publically-accessible east-west pedestrian passageway and two private interior residential courtyards. The proposed project includes 299 dwelling units, 5,593 square feet of retail, 3,962 square feet of PDR (Production, Distribution and Repair), 243 off-street parking spaces, six car-share parking spaces and a total of 369 bicycle parking spaces. Under the LPA, the project is seeking modification to certain Planning Code requirements, including: 1) rear yard (Planning Code Section 134); 2) ground floor ceiling height (Planning Code Section 145); 3) off-street loading (Planning Code Section 152); and, 4) horizontal mass reduction (Planning Code Section 270). The subject property is located within the UMU (Urban Mixed-Use) Zoning District and 40-X Height and Bulk District.

Preliminary Recommendation:  Approve with Conditions

 (Continued from Regular Hearing of October 22, 2015)

8.                                                                                                                                        (G. KELLEY: (415) 575-9115)

CIVIC CENTER PUBLIC REALM PLAN - Informational presentation - The San Francisco Civic Center is the city’s preeminent public place – the civic and cultural heart of the city. The Civic Center’s public realm – that is, its streets, plazas, and other public spaces – is the fabric that holds the area together. A well-designed public realm is an important component of any neighborhood, but in the Civic Center these spaces take on even greater importance due to the area’s unique status as the public commons of San Francisco. The public realm plan is a central element to the City’s efforts to invigorate the Civic Center district, and will be complemented by an economic feasibility study for the reuse of Brooks Hall so that its future design and program complement and reinforce a redesigned Civic Center Plaza. Also, the public realm can only be successful if it includes the needs of all users in the area; therefore, the Planning Department will partner with other City agencies, community organizations and service providers to ensure the needs of the full range of residents and users are included in the designs.

Preliminary Recommendation:  None – Informational

 

9.             2015-013111CWP                                                                                        (M. SNYDER (415) 575-6891)

CANDLESTICK POINT - Informational presentation - Zone 1 of the Bayview Hunters Point Redevelopment Project Area, the area generally bounded by Jamestown Avenue to the west, Giants Drive to Gilman Avenue to Hawes Street on the northwest, and the San Francisco Bay to the northeast, and southwest.    Candlestick Point, along with Hunters Point Shipyard received its master approvals in 2011 from the Board of Supervisors; they included, but were not limited to Certification of the EIR, adoption of CEQA findings, amendments to the Hunters Point Shipyard Redevelopment Plan and adoption of Design for Development document (“D4D”),   In total, Candlestick Point would include 6,225 units, up to 785,000 gsf of retail (both regional and neighborhood serving), 150,000 gsf of office, 150,000 gsf of hotel use, an approximately 99,000 gsf performance venue, 50,000 gsf of community use and about 106 acres of open space.    The project sponsor has submitted applications for the Office of Community Investment and Infrastructure (OCII) for initial construction of the proposed retail center, initial phase for Hope SF Alice Griffith, and surrounding blocks; they are also seeking amendments to the projects D4D, which will require approval by the Planning Commission.   This informational presentation is to provide the Planning Commission with an update of the overall project prior to an approval hearing for D4D amendments. 

Preliminary Recommendation:  None – Informational

 

10.          2011.0671X                                                                                                       (R. SUCRE: (415) 575-9108)

1395 22^nd  STREET/790 PENNSYLVANIA AVENUE - located on the north side of 22^nd Street at Texas Street and on the west side of Pennsylvania Avenue between 22^nd and 25^th Streets, Lots 011 & 013 in Assessor’s Block 4167 - Request for a Large Project Authorization (LPA), pursuant to Planning Code Section 329, for the new construction of a three-story industrial building (measuring approximately 47,575 gross square feet) on Pennsylvania Avenue, and a four-to-eight-story (respectively measuring 40-ft from existing grade on Pennsylvania Avenue, and 33-ft above curb height along Missouri Street) residential building (approximately 297,159 gross square feet) on 22nd Street with 250 dwelling units, 213 off-street parking spaces, four car-share parking spaces, 138 Class 1 bicycle parking spaces, and 15 Class 2 bicycle parking spaces. The project includes private and common open space, as well as a publically-accessible open space via a new stairway and landscaping along 22nd Street between Missouri and Texas Streets. Under the Large Project Authorization, the project is seeking exceptions to the requirements for: rear yard (Planning Code Section 134), dwelling unit exposure (Planning Code Section 140), and off-street parking (Planning Code Section 151.1). The subject property is located within the UMU (Urban Mixed-Use) Zoning District, PDR-1-G (Production, Distribution and Repair-General) Zoning Districts, 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 with Conditions

 (Continued from Regular Hearing of October 15, 2015)

 

11.          2015-001547CUA                                                                                    (W. FARRENS: (415) 575- 9172)

355 LAGUNA STREET - southwest corner of Oak and Laguna Streets; Lot 001 in Assessor’s Block 0840 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.4 and 303, to allow the addition of two dwelling units within the existing nine-unit residential building. The subject property is within a RTO (Residential, Transit Oriented) 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 with Conditions

 

12a.      2015-007328CUA                                                                                             (A. KIRBY: (415) 575-9133)

1805 BUCHANAN STREET - west side between Sutter and Bush Streets; Lot 073 in Assessor’s Block 0676 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 249.31 and 303 to construct a 4-story, 6-unit residential building over an existing underground garage structure serving the adjacent hotel, within a RM-3 (Residential, Mixed, Medium Density) 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

 

            12b.      2015-007328VAR                                                                                             (A. KIRBY: (415) 575-9133)

1805 BUCHANAN STREET - west side between Sutter and Bush Streets; Lot 073 in Assessor’s Block 0676 - Request for Variances, pursuant to Planning Code Sections 134 and 136(c)(2)(F), to allow the proposed structure to encroach into the required rear yard and to allow proposed bay windows on the east façade to exceed the minimum width limitation. The project is to construct a 4-story, 6-unit residential building over an existing underground garage structure serving the adjacent hotel, within a RM-3 (Residential, Mixed, Medium Density) Zoning District and 40-X Height and Bulk District.

 

                13.          2012.0951C                                                                                                (W. FARRENS: (415) 575-9172)

2444 LOMBARD STREET - north side between Divisadero and Scott Streets; Lot 014 in Assessor’s Block 0936 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 712.56, to allow the temporary conversion of an existing parking lot (currently accessory to a retail use dba “Wolf & Lion Pet Supplies”) into a commercial parking lot open to the general public. The property is 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 with Conditions

 

G.            DISCRETIONARY REVIEW CALENDAR 

 

The Commission Discretionary Review Hearing Procedures provide for presentations by staff; followed by the DR requestor team; followed by public comment opposed to the project; followed by the project sponsor team; followed by public comment in support of the project.  Please be advised that the DR requestor and project sponsor teams include: the DR requestor and sponsor or their designee, lawyers, architects, engineers, expediters, and/or other advisors.

 

14.          2015-002683DRM                                                                                         (B. BENDIX: (415) 575-9114)

2414 LOMBARD STREET - north side between Divisadero and Scott Streets; Lot 009 in Assessor’s Block 0936 - Mandatory Discretionary Review of an application to establish a Medical Cannabis Dispensary d.b.a. Apothocarium. The project includes tenant improvements to a vacant ground-floor commercial space under Building Permit Application 2015.03.03.9784  within the NC-3 (Moderate-Scale Neighborhood Commercial) 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.

Preliminary Recommendation: Take Discretionary Review and Approve with Conditions

(Continued from Regular Hearing of October 22, 2015)

 

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.