ROLL CALL:                                                                     

 

                                         President:                              Rich Hillis                                                                                    Vice-President:                     Dennis Richards

                                         Commissioners:                    Rodney Fong, Christine Johnson, Joel Koppel,

                                                                                          Myrna Melgar, Kathrin Moore

 

A.               CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

 

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

 

1a.        2013.0975ENX                                                                                  (R. SUCRÉ: (415) 575-9108)

888 TENNESSEE STREET - located on the northwest corner of Tennessee & 20^th Streets, Lot 001 in Assessor’s Block 4060 (District 10) - Request for a Large Project Authorization (LPA), pursuant to Planning Code Section 329, to demolish the existing two-story industrial building and construct a new four-story (45-feet tall) mixed-use building (measuring approximately 88,100 sq ft) with 110 dwelling units, 5,472 square feet of ground floor commercial use, 83 off-street parking spaces, and public and private open space. Under the LPA, the project is requesting exceptions to the Planning Code requirements for rear yard (Planning Code Section 134), permitted obstructions (Planning Code Section 136), dwelling unit exposure (Planning Code Section 140), street frontage (Planning Code Section 145.1), off-street loading (Planning Code Section 152.1), and measurement of height (Planning Code Section 260). The project site is located within the Dogpatch Landmark District, UMU (Urban Mixed-Use) Zoning District and 45-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

(Continued from Regular Meeting of July 27, 2017)

(Proposed for Continuance to October 19, 2017)

 

1b.       2013.0975SHD                                                                                 (R. SUCRÉ: (415) 575-9108)

888 TENNESSEE STREET - located on the northwest corner of Tennessee & 20^th Streets, Lot 001 in Assessor’s Block 4060 (District 10) - Request for Adoption of Findings, pursuant to Planning Code Section 295, regarding the shadow study that concluded the new construction of a four-story, 45-ft tall, mixed-use building with up to 110 dwelling units would not be adverse to the use of Espirit Park, which is under the jurisdiction of the San Francisco Recreation and Park Commission. The subject property is located within the Dogpatch Landmark District, UMU (Urban Mixed-Use Zoning District) and 45-X Height and Bulk District.

Preliminary Recommendation:  Adopt Findings

(Continued from Regular Meeting of July 27, 2017)

(Proposed for Continuance to October 19, 2017)

 

2.            2015-018225DRP                                                                          (S. JIMENEZ: (415) 575-9187)

171 JUDSON AVENUE - south side between Edna Street and Circular Avenue; Lot 032 in Assessor’s Block 3182 (District 7) - Request for Discretionary Review of Building Permit Application No. 2015.11.09.2182, proposing to alter an existing two-story, single family residence by legalizing and constructing a rear horizontal addition at the first and second floors and a third story vertical addition located within a RH-1 (Residential, One-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of August 24, 2017)

(Proposed for Continuance to November 16, 2017)

 

3.            2017-004110CUA                                                                            (D. SIROIS: (415) 575-8714)

2867-2899 SAN BRUNO AVENUE - northeast corner of San Bruno Avenue and Woolsey Street - Lot 037 in Assessor’s Block 5457 (District 9) - Request for Conditional Use Authorization, pursuant to Planning Code Section 303, to modify the conditions of approval for satisfying the requirements of the Inclusionary Housing Program through payment of a fee. The project was approved under Planning Commission Motion No. 18782 on January 17, 2013  (Case No. 2010.0627C) and included the demolition of an existing service station and the construction of a new development consisting of five, four-story mixed use buildings containing a total of ten dwelling units with one on-site below-market rate dwelling unit, 15 off-street parking spaces, ground-floor retail spaces and second floor business or professional service uses in a NC-2 (Small-Scale Neighborhood Commercial) 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

(Continued from Regular Meeting of August 24, 2017)

(Proposed for Indefinite Continuance)

 

B.         COMMISSION MATTERS

 

4.            Consideration of Adoption:

·       Draft Minutes for August 24, 2017

 

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.            2017-004678PCA                                                                          (A. BUTKUS: (415) 575-9129)

GROSS FLOOR AREA - Planning Code Amendment to revise the definition of Gross Floor Area to delete the reference to accessory buildings, exempt required car-share spaces, remove redundant off-street loading provisions, and modify provisions regarding accessory and non-accessory parking; and making environmental findings and findings of consistency with the General Plan and the eight priority policies of the Planning Code, Section 101.1, and public necessity, convenience, and welfare findings pursuant to Planning Code, Section 302.

Preliminary Recommendation: Adopt a Recommendation for Approval

 

9.            2017-003521PCA                                                                                         (A. BUTKUS: (415) 575-9129)

ARTICLE 8 CORRECTIONS - Planning Code Amendment to correct typographical errors, clarify nighttime entertainment restrictions, and update inclusionary affordable housing requirements; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, the eight priority policies of Planning Code Section 101.1, and making findings as required by Planning Code Section 302.

Preliminary Recommendation: Adopt a Recommendation for Approval

 

10.          2013.3441CWP                                                                             (P. CHASAN: (415) 575-9065)

SOUTH DOWNTOWN DESIGN AND ACTIVATION PLAN (SODA) - An Informational Presentation about the recently initiated South Downtown Design and Activation Plan (Soda). The SODA will provide a framework for designing, implementing and managing the public realm in the emergent neighborhood surrounding the Transbay Terminal and Rincon Hill. The plan area covers a quadrant of roughly 30 blocks of the City bounded by Market Street, The Embarcadero, Bryant Street and 2nd Street. Fifteen years ago, much of the district was characterized by surface parking lots and light industrial land uses. Today, the district is experiencing a wave of development by both public and private sector actors. This development reflects the legacy of roughly fifteen years of city planning efforts for the district. The construction of the Transbay Transit Center will greatly improve access to Downtown, especially from the East Bay while a wave of new residential and commercial high-rises (over 20 at last count) will, in addition to permanently altering the city's skyline, dramatically increase the volume of people living, working and visiting the area. This effort is being co-led by the Planning Department and the East Cut Community Benefits District (CBD). Collaborating with the CBD, opens expanded opportunities for outreach and implementation. Consolidating our efforts will lead to quicker outcomes and a more cohesive strategy for the neighborhood.

Preliminary Recommendation: None - Informational

 

11.       2015-005862ENX                                                                    (K. DURANDET: (415) 575-6816)

975 BRYANT STREET - south side of Bryant Street  between  7^th and 8^th Streets, Lot 044   in

Assessor’s Block 3780 (District 6) - Request for a Large Project Authorization (LPA) pursuant to Planning Code Section (§) 329 to demolish the existing 32,407 square foot industrial building, currently authorized as a retail use and parking lot, and to construct a new 4-story (48-foot) over basement, 220,245 sq. ft. mixed-use building with 185 unit residential dwelling units, 2,990 sq. ft. of ground floor retail, and 51,085 sq. ft. of below grade parking containing 135 auto,123 Class 1 and 16 Class 2 bicycle, parking spaces. The proposed building will provide a total of 2,969 sq. ft. of publicly accessible open space adjacent to Kate Street, 1,440 sq. ft. of private open space, and 10,985 sq. ft. of common open space provided in courtyards and a roof deck. Under the LPA the project is seeking exceptions for required Rear Yard (§134), Permitted Obstructions (§136) and Dwelling Unit Exposure (§140). The subject property is located within the UMU (Urban Mixed-Use) Zoning District, and 48-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

(Continued from Regular Meeting of August 24, 2017)

 

12.          2014-002181CUA                                                                                (C. MAY: (415) 575-9087)

2670 GEARY BOULEVARD - northwest corner of Geary Boulevard and Masonic Avenue, Lot 003 in Assessor’s Block 1071 (District 2) - Request for Conditional Use Authorization pursuant to Planning Code Sections 121.1, 206.3, 271, and 303 to permit the development of a 10-story building containing 121 residential dwelling units above 2,193 square feet of ground floor commercial space and 7 parking spaces within a NC-3 (Neighborhood Commercial, Moderate-Scale) District and 80-D Height and Bulk District. This project is seeking increased dwelling unit density and height in exchange for providing a higher level of affordable housing than would otherwise be required through the application of the HOME-SF Program pursuant to Planning Code Section 206.3.  The project is seeking modifications to the usable open space and dwelling unit exposure requirements pursuant to Planning Code Sections 135 and 140 which may be granted by the Planning Commission pursuant to Planning Code Section 206.3.  The project is also seeking exceptions to the rear yard, architectural obstructions over streets and ground floor level active use requirements of Planning Code Sections 134, 136 and 206.3 through the procedures pursuant to Planning Code Section 303, and is seeking an exception to the bulk requirements pursuant to Planning Code Section 271.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Approve with Conditions

(Continued from Regular Meeting of July 13, 2017)

 

13.          2016-016610CUA                                                              (M. CHRISTENSEN: (415) 575-8742)

3368 19^TH STREET - between Mission and Capp Streets, Lot 020 in Assessor’s Block 3590 (District 9) - Request for Conditional Use Authorization, pursuant to Planning Code Section   303 and the Mission Interim Zoning Controls (adopted by Planning Commission Resolution No. 19548, extended by Planning Commission Resolution No. 19865), to establish a restaurant in a portion of the existing grocery/liquor store (dba “Royal Cuckoo Market”), within the Mission Street NCT (Neighborhood Commercial Transit) Zoning District, Mission Alcoholic Beverage Special Use Subdistrict, and an 55-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Approve with Conditions

 

14.          2017-004807CUA                                                             (S. ADINA: (415) 575-8722)

1143 GRANT AVENUE - between Broadway Street and Pacific Avenue, Lot 001 in Assessor’s Block 0161 (District 3) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 303.1, 803.6, 810.49 to establish a new Financial Services Use for a formula retail establishment (d.b.a “CTBC Bank USA) within the ground floor of a mixed-use building.  The Project is located within the CCB (Chinatown-Community Business) Zoning District and 50-N Height and Bulk District. The proposal also involves minor exterior work.  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.

 

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.

              

15.          2017-001756DRP                                                              (S.ADINA: (415) 575-8722)

1906 MARKET STREET - between Laguna and Buchanan Streets, Lot 001 in Assessor’s Block 0872 (District 8) - Request for Discretionary Review of Building Permit Application No. 2017.02.06.8753, proposing a change of use from a from a General Retail Sales and Service use (laundromat d.b.a. Little Hollywood Launderette) to Restaurant use (d.b.a. Kantine SF) on the ground floor of an existing six-story mixed-use building.  The Project is located within the NCT-3 (Moderate Scale, Neighborhood Commercial Transit) District and 85-X Height and Bulk District.  The proposed conversion also includes the removal of the exterior awnings and exterior lights, the removal and replacement of the front door, as well as interior tenant improvements.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

 

16.          2015-016467DRP-02                                            (E. GORDON-JONCKHEER: (415) 575-8728)

653 28^TH STREET - south side of 28^th Street between Diamond and Douglass Streets; Lot 024 in Assessor’s Block 7520 (District 8) - Requests for Discretionary Review of  Building Permit Application No. 2017.0217.9712 proposing the new construction of a three-story over basement single-family dwelling. The project also includes the demolition of the existing two-story single-family house (Building Permit Application 2017.0217.9713). The subject property is within a RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

               (Continued from Regular Meeting of June 8, 2017)

 

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	OFA (B)	15 calendar days	Board of Appeals**
Conditional Use Authorization and Planned Unit Development	CUA (C)	30 calendar days	Board of Supervisors
Building Permit Application (Discretionary Review)	DRP/DRM (D)	15 calendar days	Board of Appeals
EIR Certification	ENV (E)	30 calendar days	Board of Supervisors
Coastal Zone Permit	CTZ (P)	15 calendar days	Board of Appeals
Planning Code Amendments by Application	PCA (T)	30 calendar days	Board of Supervisors
Variance (Zoning Administrator action)	VAR (V)	10 calendar days	Board of Appeals
Large Project Authorization in Eastern Neighborhoods	LPA (X)	15 calendar days	Board of Appeals
Permit Review in C-3 Districts, Downtown Residential Districts	DNX (X)	15-calendar days	Board of Appeals
Zoning Map Change by Application	MAP (Z)	30 calendar days	Board of Supervisors

 

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

 

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

 

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

 

An appeal of the approval (or denial) of a 100% Affordable Housing Bonus Program application may be made to the Board of Supervisors within 30 calendar days after the date of action by the Planning Commission pursuant to the provisions of Sections 328(g)(5) and 308.1(b). Appeals must be submitted in person at the Board’s office at 1 Dr. Carlton B. Goodlett Place, Room 244. For further information about appeals to the Board of Supervisors, including current fees, contact the Clerk of the Board of Supervisors at (415) 554-5184.

 

An appeal of the approval (or denial) of a building permit application issued (or denied) pursuant to a 100% Affordable Housing Bonus Program application by the Planning Commission or the Board of Supervisors may be made to the Board of Appeals within 15 calendar days after the building permit is issued (or denied) by the Director of the Department of Building Inspection. Appeals must be submitted in person at the Board's office at 1650 Mission Street, 3rd Floor, Room 304. For further information about appeals to the Board of Appeals, including current fees, contact the Board of Appeals at (415) 575-6880.

 

Pursuant to California Government Code Section 65009, if you challenge, in court, the decision of an entitlement or permit, the issues raised shall be limited to those raised in the public hearing or in written correspondence delivered to the Planning Commission prior to, or at, the public hearing.

 

Challenges

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

 

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

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

 

Protest of Fee or Exaction

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

 

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