ROLL CALL:                                                                         

 

                                            President:                                Rodney Fong

                                            Vice-President:                      Dennis Richards

                                            Commissioners:                    Rich Hillis; Christine Johnson; Joel Koppel, Myrna Melgar, Kathrin Moore

 

A.            CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

 

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

 

1a.          2014.1063DNX                                                                                             (C. ASBAGH: (415) 575-9165)

633 FOLSOM STREET - south side of Folsom Street, at the intersection of Folsom and Hawthorne Streets; lot 079 of Assessor’s Block 3750 (District 6) - Request for a Downtown Project Authorization per Planning Code Section 309, including requests for exceptions to the bulk requirements in the 200-S Height and Bulk District (Section 270), ground-Level wind current requirements in C-3 Districts (Section 148), and off-street loading space requirements (Section 152.1). The proposal would construct a four-story, 92,244 square foot addition to the existing, seven-story 174,693 square foot office building. In addition the proposal would re-clad the existing façade with a new metal and glass curtain wall system, reconfigure the ground floor to move and expand the retail space and construct a new corner lobby. The result will be an 11-story, 160-foot tall building with 264,672 square feet of office space and 5,000 square feet of ground floor retail space. The project site is located in the Downtown Commercial, Support (C-3-S) Zoning District and 200-S 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

(Proposed for Continuance to January 12, 2017)

 

1b.          2014.1063OFA                                                                                              (C. ASBAGH: (415) 575-9165)

633 FOLSOM STREET - south side of Folsom Street, at the intersection of Folsom and Hawthorne Streets; lot 079 of Assessor’s Block 3750 (District 6) - Request for an Office Development Authorization pursuant to Planning Code Sections 321 and 322 to construct a four-story addition and to authorize up to 89,979 square feet from the Office Development Annual Limit. The proposal would construct a four-story, 92,244 square foot addition to the existing, seven-story 174,693 square foot office building. In addition the proposal would re-clad the existing façade with a new metal and glass curtain wall system, reconfigure the ground floor to move and expand the retail space and construct a new corner lobby. The result will be an 11-story, 160-foot tall building with 264,672 square feet of office space and 5,000 square feet of ground floor retail space. The project is located within the Downtown Commercial, Support (C-3-S) Zoning District and 200-S Height and Bulk District.

Preliminary Recommendation:  Approve with Conditions

(Proposed for Continuance to January 12, 2017)

 

2.             2013.1037C                                                                                                           (C. MAY: (415) 575-9087)

650 DIVISADERO STREET - southeast corner of Divisadero and Grove Streets; Lot 002B in Assessor’s Block 1202 (District 5) - Request for Conditional Use Authorization pursuant to Planning Code Sections 121.1, 303 and 746.11 to permit the development of a 6-story mixed-use building containing 60 residential dwelling units above ground floor parking and commercial uses within the Divisadero Street Neighborhood Commercial Transit (NCT) District, the Fringe Financial Services Restricted Use District and 65-A Height and Bulk District.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Pending

(Proposed for Continuance to January 12, 2017)

 

3.             2015-003686CUA                                                                                              (N. TRAN: (415) 575-9174)

437 HOFFMAN AVENUE - east side of Hoffman Avenue, between 24^th and 25^th Streets, Lot 024 in Assessor’s Block 6503 (District 8) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 317 (tantamount to demolition), for a project proposing to demolish an existing three-story over basement, single-family residence and construct additions to create a three-story over basement building with two dwelling units. Exterior changes such as raising the structure ~6 feet for a new garage door, front porch, entry stairs, rear terrace/deck as well as extensive interior remodeling are also proposed. The subject property is located 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.

Preliminary Recommendation:  Approve with Conditions

(Continued from Regular Meeting of June 2, 2016)

(Proposed for Indefinite Continuance)

 

B.         COMMISSION MATTERS

 

4.             Consideration of Adoption:

·         Draft Minutes for October 6, 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.

 

C.         DEPARTMENT MATTERS

6.             Director’s Announcements

 

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

 

 

 

               

D.         GENERAL PUBLIC COMMENT – 15 MINUTES

 

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items.  With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting.  Each member of the public may address the Commission for up to three minutes.

 

E.            REGULAR CALENDAR 

 

The Commission Hearing Procedures provide for presentations by staff; followed by the project sponsor team; followed by public comment for and against the proposal.  Please be advised that the project sponsor team includes: the sponsor(s) or their designee, lawyers, architects, engineers, expediters, and/or other advisors.

 

8.             2014.0556GPA                                                                                          (L. LANGLOIS: (415) 575-9083)
VISION ZERO - General Plan Amendment - Pursuant to Planning Code Section 340, the Planning Commission will consider adopting amendments to the Transportation Element and Urban Design Element of the General Plan, making Planning Code Section 101.1 findings, and recommending that the Board of Supervisors adopt an Ordinance approving the amendments.  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: Adopt a Recommendation for Approval

 

9.             2016-000162CWP                                                                                         (M. SMALL: (415) 575-9160)

URBAN DESIGN GUIDELINES – Informational Presentation, overview and update of the Department’s proposed Urban Design Guidelines, community engagement process, and revised adoption schedule. 

Preliminary Recommendation: None – Informational

 

10a.        2015-007338CUA                                                                   (V. FLORES: (415) 575-9173)

3431 TARAVAL STREET - between 44^th and 45^th Avenues, Lot 045A in Assessor’s Block 2381 (District 4) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 209.2 establish a community facility institutional use (d.b.a North East Medical Services (NEMS)) in an existing one-story structure within a RM-1 (Residential - Mixed, Low-Density) District and 40-X Height and Bulk District. The proposal also includes alterations of the existing building, a one-story vertical addition, and façade alterations. NEMS offers primary medical care - adult medicine, pediatrics, OB/GYN and specialty services such as cardiology, allergy, ENT, radiology, surgery and ophthalmology. NEMS also provides dental and optometry care. Ancillary services include: laboratory, x-ray and pharmacy. The proposed hours of operation are from 8:30am – 5:00pm Mondays through Fridays, and also open on Saturdays after one year of operation. 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

 

10b.        2015-007338VAR                                                                    (V. FLORES: (415) 575-9173)

3431 TARAVAL STREET - between 44^th and 45^th Avenues, Lot 045A in Assessor’s Block 2381 (District 4) – Request for Variance from the Zoning Administrator to address the rear yard requirements (Planning Code Section 134) which requires a rear yard 45% of the total lot depth, whereas the project provides a rear yard 25% of the total lot depth for the new vertical addition. The proposal also includes alterations of the existing building, a one-story vertical addition, and façade alterations. NEMS offers primary medical care - adult medicine, pediatrics, OB/GYN and specialty services such as cardiology, allergy, ENT, radiology, surgery and ophthalmology. NEMS also provides dental and optometry care. Ancillary services include: laboratory, x-ray and pharmacy. The proposed hours of operation are from 8:30am – 5:00pm Mondays through Fridays, and also open on Saturdays after one year of operation. The site is located within a RM-1 (Residential - Mixed, Low-Density) District and 40-X Height and Bulk District.

 

11.          2015-014461CUA                                                                   (V. FLORES: (415) 575-9173)

1441 OCEAN AVENUE - at Miramar Avenue, Lot 059 in Assessor’s Block 6941 (District 7) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 737.81 establish a medical service (d.b.a North East Medical Services (NEMS)) in an existing one-story structure within the Ocean Avenue NCT (Neighborhood Commercial Transit) District, Balboa Park Area Plan, and 45-X Height and Bulk District. The proposal also includes alterations of the existing building, a one-story vertical addition, and façade alterations. Additionally, the proposed use size requires CUA pursuant to Planning Code Section 737.21 since it is greater than 4,000 square feet. NEMS offers primary medical care - adult medicine, pediatrics, OB/GYN and specialty services such as cardiology, allergy, ENT, radiology, surgery and ophthalmology. NEMS also provides dental and optometry care. Ancillary services include: laboratory, x-ray and pharmacy. The proposed hours of operation are from 8:30am – 5:00pm Mondays through Fridays, and also open on Saturdays after one year of operation. 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.          2014.1305CUA                                                                                            (M. WOODS: (415) 558-6315)

1001 VAN NESS AVENUE - northwest corner at O’Farrell Street; Lot 016 in Assessor’s Block 0714 (District 5) - Request for Conditional Use Authorization pursuant to Planning Code Sections 134, 151.1, 152, 243, 253, 253.2, 271, 303 and 304 to allow a Planned Unit Development (PUD) to demolish an existing four-story TV studio/office building and construct a 14-story mixed-use building containing 239 dwelling units, approximately 5,100 square feet of retail/restaurant space on the ground floor, approximately 195 parking spaces (including 2 car share spaces), and 259 bicycle spaces. The proposal includes PUD modifications to provisions related to off-street loading spaces, floor area premium for corner lots, rear yard, and CU for height above 50 feet, street frontage greater than 50 feet, bulk exception, off-street parking, and wind current exception. The project site is located in an RC-4 (Residential-Commercial, High Density) District, the Van Ness Special Use District, the Van Ness Automotive Special Use District, the Van Ness Avenue Area Plan, and 130-V 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

 

 

 

13.          2016-005768CUA                                                                                          (S. YOUNG: (415) 558-6346)

2060 CHESTNUT STREET - north side between Pierce Street and Mallorca Way, Lot 009 in Assessor’s Block 0486A (District 2); Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 303.1, 703.3, and 703.4 to establish a Formula Retail Use within the NC-2 (Small-Scale Neighborhood Commercial) Zoning District, Chestnut Street Financial Service Subdistrict, and a 40-X Height and Bulk District.  The proposal is to convert a vacant ground floor commercial space with approximately 2,000 square feet of floor area (previously occupied by “G-Star Raw”, a retail store use) into a Formula Retail Use (d.b.a. Bluemercury) and continuing as a retail store use, specializing in beauty and wellness products.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Approve with Conditions

 

14.          2015-008674CUA                                                                                                (C. MAY: (415) 575-9087)

325 29^th AVENUE - west side, between Clement Street and California Street, Lot 006 in Assessor’s Block 1404 (District 1) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 317 to demolish an existing one-story, single-family dwelling and construct a new four-story, 2-unit building within an 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.

Preliminary Recommendation: Approve with Conditions

 

15.          2015-013617CUA                                                                                          (B. BENDIX: (415) 575-9114)

471 24^TH AVENUE - located on the west side of 24^th Avenue between Clement Street and Geary Boulevard, Lot 013 in Assessor’s Block 1456 (District 1) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 317 to demolish a two-story single family dwelling through a major alteration within a RM-1 (Residential, Mixed, Low Density) Zoning District and 40-X Height and Bulk District. The project will construct horizontal additions at the front and rear of the existing structure, construct a two-story vertical addition, renovate the front façade and establish two addition dwelling units. The resulting 40-foot tall building will contain three dwelling units. 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 6, 2016)

 

16.          2014.1531C                                                                                                      (L.AJELLO:  (415) 575-9142)

144-152 CLEMENT STREET - northeast corner of Clement Street and 3rd Avenue; Lots 025 and 050 in Assessor’s Block 1431 (District 1) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 303.1 to legalize the establishment of a Formula Retail hardware store (d.b.a. Standard Plumbing ACE Hardware) on the ground floor of the two-story commercial building within the Inner Clement NCD (Neighborhood Commercial District) 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

 

 

F.            DISCRETIONARY REVIEW CALENDAR 

 

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

 

17.          2015-001725DRP                                                                                   (E. SAMONSKY: (415) 575-9112)

2018 19^TH STREET – north side of 19^th Street between Kansas Street and Rhode Island Street; Lot 014 in Assessor’s Block 4030 (District 10)- Request for Discretionary Review of Building Permit Application No. 2015.0204.7444 proposing construction of a three-story, single-family dwelling  within the 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

Preliminary Recommendation: Do Not Take Discretionary Review and Approve as Amended

 

18.          2015-006815DRP                                                                                             (A. KIRBY: (415) 575-9133)

813 LYON STREET - west side of Lyon Street between Golden Gate Avenue and Turk Street; Lot 005 in Assessor’s Block 1150 (District 2) - Request for Discretionary Review of Building Permit Application No. 2015.05.07.5705, proposing the construction of a two-story vertical addition and horizontal expansion to accommodate two new dwelling units within the 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.

Staff Analysis: Abbreviated Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

 

19.          2015-007103DRP                                                                                             (A. KIRBY: (415) 575-9133)

567 47^TH AVENUE - west side of 47^th Avenue between Geary Boulevard and Anza Street; Lot 016A in Assessor’s Block 1497 (District 1) - Request for Discretionary Review of Building Permit Application No. 2015.05.12.6116, proposing the construction of a third floor vertical addition and horizontal infill additions at the rear within the 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 Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Take Discretionary Review and Approve with Modifications

 

G.            PUBLIC COMMENT

 

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

 

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

 

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

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

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

 

Adjournment

Hearing Procedures

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

 

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

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

 

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

 

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

 

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

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

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

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

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

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

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

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

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

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

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

 

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

 

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

 

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

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

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

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

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

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

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

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

 

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

 

Hearing Materials

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

 

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

 

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

 

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

 

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

 

Appeals

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

 

Case Type	Case Suffix	Appeal Period*	Appeal Body
Office Allocation	DNX (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	PUB (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
Permit Review in C-3 Districts, Downtown Residential Districts and Large Project Authorization in Eastern Neighborhoods	LPA (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.

 

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.