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.

 

1a.          2012.1398E                                                                                                   (C. TOWNES: (415) 575-9195)

                1601 MARIPOSA STREET - bounded by Mariposa Street, 18th 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

(Proposed for Continuance to November 12, 2015)

 

1b.          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. 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.

                (Proposed for Continuance to November 12, 2015)

               

2.             2014.1315OFA                                                                                                 (R. SUCRE: (415) 575-9108)

135 TOWNSEND STREET - located on the south side of Townsend Street between 2^nd  and 3^rd Streets, Lot 022 in Assessor’s Block 3794 - Request for an Office Development Authorization under Planning Code Sections 321, 322 and 842.66 for a change in use from self-storage facility to office use, and authorize up to approximately 49,995 gross square feet from the Office Development Annual Limit. The proposal would also establish a new ground floor retail space measuring approximately 1,165 gsf. The subject property is located within the South End Landmark District, MUO (Mixed-Use Office) Zoning District and 105-F 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.

(Proposed for Continuance to November 19, 2015)

 

3.             2015-011144PCA                                                                                  (K. HADDADAN: (415) 575-9068)

REQUIREMENTS FOR CERTAIN RESTRICTIONS ON  ACCESSORY DWELLING UNITS IN DISTRICT 8 [BOARD FILE NO. 150365 & 150810] – Planning Code Amendment to allow the construction of Accessory Dwelling Units (ADU) (also known as Secondary or In-Law Units) within the boundaries of Board of Supervisors District 8, and prohibit a subdivision that would allow an ADU to be separately sold or financed; amending the Administrative Code to correct section references; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and directing the Clerk of the Board of Supervisors to send a copy of this Ordinance to the California Department of Housing and Community Development after adoption& Ordinance  amending the San Francisco Planning Code to allow the construction of Accessory Dwelling Units (ADUs, also known as Secondary or In-Law Units) within the boundaries of Board of Supervisors District 8, prohibit approval of an application for construction of an ADU in any building where a tenant has been evicted under the Ellis Act within ten years prior to filing the application, and prohibit an ADU from being used for short-term rental;  amending the Administrative Code to correct sections references; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan  and the eight priority policies of Planning Code Section 101.1.

            (Proposed for Continuance to January 14, 2016)

 

4.             2015-011130PCA                                                                                  (K. HADDADAN: (415) 575-9068)

                REQUIREMENTS FOR CERTAIN RESTRICTIONS ON  ACCESSORY DWELLING UNITS IN DISTRICT 3 [BOARD FILE NO. 150585 & 150811] - Planning Code Amendment to allow the construction of Accessory Dwelling Units (ADU) (also known as Secondary or In-Law Units) within the boundaries of Board of Supervisors District 3, and prohibit a subdivision that would allow an ADU to be separately sold or financed; amending the Administrative Code to correct section references; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and directing the Clerk of the Board of Supervisors to send a copy of this Ordinance to the California Department of Housing and Community Development after adoption and Ordinance amending the Planning Code to allow the construction of Accessory Dwelling Units (ADUs, also known as Secondary or In-Law Units) within the boundaries of Board of Supervisors District 3, prohibit approval of an application for construction of an ADU in any building where a tenant has been evicted under the Ellis Act within ten years prior to filing the application, and prohibit an ADU from being used for short-term rental; amending the Administrative Code to correct section references; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and directing the Clerk of the Board of Supervisors to send a copy of this Ordinance to the California Department of Housing and Community Development after adoption.

(Proposed for Continuance to January 14, 2016)

 

5.             2015-000184CUA                                                                           (M. BOUDREAUX: (415) 575-9140)

29-31 HATTIE STREET - east side of Hattie Street between Market Street and Corbett Avenue; Lot 022 in Assessor’s Block 2657- Request for Conditional Use Authorization pursuant to Planning Code Section 303 and Interim Zoning Controls for Large Residential Projects pursuant to Resolution No. 76-15, to allow lot development greater than 55%. The project includes vertical and horizontal addition to an existing two-story-over-garage two-unit building. The property is 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.

Preliminary Recommendation:  Pending

(Continued from Regular Meeting of August 13, 2015)

(Proposed for Continuance to January 28, 2016)

 

6.             2015-010154PCA                                                                                      (D. SANCHEZ: (415) 575-9082)

NEW RESTARUANTS AND BARS IN THE NORTH BEACH SPECIAL USE DISTRICT - [BOARD FILE NO. 150816] - Planning Code Amendment to allow a restaurant or bar in the North Beach Special Use District, with conditional use authorization, to occupy a space currently or last occupied by a limited restaurant; affirming the Planning Department’s determination under the California Environmental Quality Act; and making other findings, including findings of consistency with the General Plan, Planning Code Section 302 and the eight priority policies of Planning Code Section 101.1.

(Proposed for Indefinite Continuance)

 

B.         COMMISSION MATTERS

 

7.             Consideration of Adoption:

·         Draft Minutes for October 8, 2015

 

8.             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

 

9.             Director’s Announcements

 

10.          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.

                                                                                                                                                                               

11.          2010.0515E                                                                                                  (R. SCHUETT: (415) 575-9030)

POTRERO HOPE SF PROJECT - south slope of Potrero Hill bounded by Connecticut Street, 26th Street, Wisconsin Street, 23rd Street, Texas Street, and 25th Street; Assessor’s Block/Lots: 4167/004, 004A, 4220A/001, 4223/001, 4285B/001, and 4287/001A - Certification of the Final Environmental Impact Report. The proposed project includes demolition of the existing 620 public housing units and development of up to 1,700 residential units for a range of income levels, including replacement public housing. The proposed project would also include new vehicle and pedestrian connections, a new street and block layout, new transit stops, and new water, wastewater, and storm water infrastructure, as well as retail, community facilities and open space.  The project site is located in the Residential-Mixed Moderate Density (RM-2) and Public (P) Zoning Districts, and 40-X Height and Bulk District. The Final EIR/EIS concluded that implementation of the Potrero HOPE SF project would result in significant unavoidable environmental impacts related to: transit capacity, delay at local intersections, exterior noise levels, and both individual and cumulative construction-period criteria air pollutant levels.

Please Note: The public hearing on the Draft EIR/EIS is closed. The public comment period for the Draft EIR/EIS ended on January 7, 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 Environmental Impact Report / Environmental Impact Statement

 

12.          2013.0735TZ                                                                                            (S. WERTHEIM: (415) 558-6612)

DEPARTMENT-SPONSORED AMENDMENTS TO THE ZONING MAP AND PLANNING CODE TO ESTABLISH THE JAPANTOWN NEIGHBORHOOD COMMERCIAL DISTRICT - Planning Code and Zoning Map Amendments, pursuant to Planning Code Section 302. The amendments are intended to 1) add Section 748.1 to establish the Japantown Neighborhood Commercial District (NCD) between Geary Boulevard and Post Street from Fillmore Street to Laguna Street, the north side of Post Street from Webster Street to Laguna Street, and Buchanan Street from Post Street to mid-way between Sutter Street and Bush Street; 2) adding Section 261.3 and amending Section 134(a), Section 145.4(b), a portion of Table 151.1, Section 155(r), Section 201, Section 263.20(b), Section 607.1(f), and Section 702.1 to make conforming and other technical changes; 3) amending Sheet ZN02 of the Zoning Map to rezone specified properties to the Japantown Neighborhood Commercial District; and 4) adopting environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. 

Preliminary Recommendation: Adopt a Recommendation of Approval

 

13.          2015-008208PCA                                                                                         (M. MOHAN: (415) 575-9141)

CLARIFYING/CREATING PREFERENCES FOR AFFORDABLE HOUSING UNITS - Administrative Code Amendments clarifying existing preferences in allocating City affordable housing units first to Certificate of Preference holders and second to tenants evicted under the Ellis Act, create a third preference for residents in the neighborhood where the affordable housing is located, create additional categories of eligible displaced tenants, and make conforming amendments to provisions of the Administrative and Planning Codes; to affirm the Planning Department’s determination under the California Environmental Quality Act; and to make findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1.

Preliminary Recommendation: Adopt a Recommendation of Approval with Modifications

(Continued from Regular Meeting of September 24, 2015)

 

14a.        2013.1690X                                                                                                   (C. ASBAGH: (415) 575-9165)

1075 MARKET STREET - south side between Sixth and Seventh Streets, Lot 062 in Assessor’s Block 3703 - Request for Downtown Project Authorization per Planning Code Section 309, including requests for exceptions from Planning Code requirements for rear yard (Sections 134) and ground-level wind currents (Section 148), for a project to demolish the existing building and construct a new 8-story building, reaching a roof height of 90 feet, containing approximately 90 dwelling units, 8,588 square feet of retail uses, and 23 off-street parking spaces. The project site is located within a C-3-G Zoning District, the Market Street Special Sign District, and 90-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: Approve with Conditions

 

14b.        2013.1690CUA                                                                                              (C. ASBAGH: (415) 575-9165)

1075 MARKET STREET - south side between Sixth and Seventh Streets, Lot 062 in Assessor’s Block 3703 - Request for Conditional Use Authorization per Planning Code Section 124(f) to exceed the base Floor Area Ratio by providing on-site affordable dwelling units, for a project to demolish the existing building and construct a new 8-story building, reaching a roof height of 90 feet, containing approximately 90 dwelling units, 8,588 square feet of retail uses, and 23 off-street parking spaces. The project site is located within a C-3-G Zoning District, the Market Street Special Sign District, and 90-X Height and Bulk District. Preliminary Recommendation: Approve with Conditions

 

 

 

15.          2014-002218CUA                                                                   (L. AJELLO:  (415) 575-9142)

2186 GEARY BOULEVARD - northeast corner of Geary Boulevard and Divisadero Street; Lots 072 and 073 in Assessor’s Block 1078 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303(c), 303.1, 703.4 and 712.40 to establish a Formula Retail cable and internet service provider store (d.b.a. Xfinity) within a NC-3 (Neighborhood Commercial District, Moderate Scale) Zoning District and 65-A 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 September 10, 2015)

 

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.

 

16.          2014-000595DRP                                                                                          (S. VELLVE: (415) 558-6263)

2720 LYON STREET - east side between Filbert and Union Streets; Lot 031 in Assessor's Block 0948 - Request for Discretionary Review of Building Permit Application No. 2014.06.11.8149 proposing to construct a roof deck, penthouse and rear third-floor deck 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 Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of October 8, 2015)

 

17.          2015-002683DRM                                                                                         (S. VELLVE: (415) 558-6263)

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.

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation: Take Discretionary Review and Approve with Conditions

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	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.