Zoning Administrator - May 27, 2015 - Agenda

Meeting Date: 
May 27, 2015 (All day)

Notice of Hearing on Application For Zoning Variance
CITY HALL - Room 408, 1 Dr. Carlton B. Goodlett Place

Wednesday, May 27, 2015

Public Hearing - Session Begins at 9:30 A.M.

Scott F. Sanchez, Zoning Administrator
Eva Atijera-Taylor, Recording Secretary


Notice is hereby given to the general public and to owners of the subject property and other property within 300 feet that an application for variance under the Planning Code as described below has been filed with the Zoning Administrator.

Any remaining questions concerning this application review process may be answered by the Planning Information Center at (415) 558-6377. Variance Calendars and Audio Recording of the Hearing are available on the Internet at http://www.sfplanning.org


Accessibility, Language Assistance and Sunshine Ordinance

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Accessible Meeting Policy

Hearings are held at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408, Fourth Floor, San Francisco, CA. The closest accessible BART Station is the Civic Center Station located at the intersection of Market, Hyde and Grove Streets. Accessible curb side parking has been designated at points along McAllister Street. Accessible MUNI Lines serving City Hall are the 42 Downtown Loop, 9 San Bruno and 71 Haight/Noriega and the F Line. Accessible MUNI Metro Lines are the J, K, L, M, N and T. For more information regarding MUNI accessible services, call 311 within San Francisco, (415) 701-2311 outside Bay Area, or TTY (415) 701-2323. American Sign Language interpreters and/or a sound enhancement system will be available upon request by contacting Lulu Hwang at (415) 558-6318 at least 72 hours prior to a hearing. Individuals with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In order to assist the City’s efforts to accommodate such people, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products. Please help the City to accommodate these individuals.

Cell Phone and/or Sound-Producing Electronic Devices Usage at Hearings

Effective January 21, 2001, the Board of Supervisors amended the Sunshine Ordinance by adding the following provision: The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.

Know Your Rights Under the Sunshine Ordinance

Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.

Members of the public are not required to provide personal identifying information when they communicate with the Commission or the Department. All written or oral communications, including submitted personal contact information, may be made available to the public for inspection and copying upon request and may appear on the Department’s website or in other public documents.

For more information on your rights under the Sunshine ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact The Administrator by mail at 1 Dr. Carlton B. Goodlett Place, Room 244, by phone at (415) 554-7724, by fax at (415) 554-7854 or by E-mail at sotf@sfgov.org.

Attention: Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Administration Code 16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 25 Van Ness Avenue, Suite #220, San Francisco, CA 94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/.

Language Assistance

ENGLISH:
For language assistance or to request an assisstive device for a hearing, please call 415-558-6309. Please make requests at least 48 hours in advance of the hearing.

SPANISH:
Si desea asistir a la audiencia, y quisiera obtener información en Español o solicitar un aparato para asistencia auditiva, llame al 415-558-6309. Por favor llame por lo menos 48 horas de anticipación a la audiencia.

CHINESE:
歷史保護委員會議程。聽證會上如需要語言協助或要求輔助設備,請致電415-558-6309。請在聽證會舉行之前的至少48個小時提出要求。

TAGALOG:
Para sa tulong sa lengguwahe o para humiling ng Pantulong na Kagamitan para sa Pagdinig (headset), mangyari lamang na tumawag sa 415-558-6309. Mangyaring tumawag nang maaga (kung maaari ay 48 oras) bago sa araw ng Pagdinig.

RUSSIAN:
За помощью переводчика или за вспомогательным слуховым устройством на время слушаний обращайтесь по номеру 415-558-6309. Запросы должны делаться минимум за 48 часов до начала слушания.

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ZONING ADMINISTRATOR
NOTICE OF HEARING ON APPLICATION FOR ZONING VARIANCE

Notice is hereby given to the general public and to owners of the subject property and other property within 300 feet that an application for variance under the Planning Code as described below has been filed with the Zoning Administrator and will be considered at a PUBLIC HEARING to be held on the date, time, and place listed on the first page of this Calendar:

 

A. CONSENT CALENDAR

All items listed hereunder constitute a Consent Calendar and are considered to be routine by the Zoning Administrator. There will be no separate discussion of these items unless a member of the public so requests, in which case the matter shall be removed from the Consent Calendar and considered as a separate item at this time or at a future hearing.

  1. 2015-002000VAR (ERIKA JACKSON)
    145 BONVIEW STREET, Lot 045 in Assessor's Block 5620 in a RH-1 (Residential-House, One Family) Zoning District and a 40-X Height and Bulk District.
    CURB CUT AND GARAGE DOOR WIDTH VARIANCES SOUGHT: The proposal is to legalize the existing 21 foot wide curb cut that is directly in front of an uncovered 2-car off-street parking pad.  The project also proposes to construct a two-story building within the existing parking pad area with a 15.5 foot wide garage door enclosing the existing two off-street parking spaces.
    PER SECTION 242(e)(5) OF THE PLANNING CODE the maximum width for curb cuts is 10 feet and the maximum width for garage doors is 12 feet.  The existing curb cut is 21 feet wide and the proposed garage door is 15.5 feet wide; therefore, the project requires a variance from this requirement of the Planning Code.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2015-002000VAR.pdf.

  2. 2014-002523VAR (JEFFREY SPEIRS)
    71 GATES STREET
    , Lot 023 in Assessor's Block 5626 in a RH-1 (Residential House, Single Family) Zoning District and a 40X Height and Bulk District.
    REAR YARD VARIANCE SOUGHT:  The proposal is to modify the sloped roof at the rear of the second-story to a flat roof with roof deck. The project will not extend deeper than existing conditions, and no new floor area is proposed.
    PER SECTION 242 OF THE PLANNING CODE, a rear yard of 24.5 feet for the subject property is required.  The existing 3-story structure encroaches 2 feet - 3 inches into the required rear yard, resulting in a rear yard of approximately 22 feet - 3 inches.  The existing roof at the rear of the second-story is sloped. For the proposed flat roof deck, the project will increase the height of the rear wall by approximately 3 feet, to a total height of 29 feet - 4 inches. The proposed second-story roof and roof deck are located within the required rear yard; therefore, a variance.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014-002523VAR.pdf.

  3. 2015-001273VAR (JULIAN BANALES)
    716 CLEMENTINA STREET - Lot 042 in Assessor's Block 3729 in a RED-MX (Residential Enclave - Mixed) Zoning District and a 45-X Height and Bulk District.
    OPEN SPACE AND EXPOSURE VARIANCES SOUGHT:  The project proposes an infill building expansion at the ground level to allow the addition of two dwelling units.
    PLANNING CODE SECTION 135 requires 60 sf of useable open space per unit.  At a ratio of 1.33, the project would require 479 sf of common usable open space.  The property has a 308 sf rear yard, which is deficient in area; therefore, a variance is required.
    PLANNING CODE SECTION 140 requires a dwelling unit to face onto a rear yard or street.  Unit #6 would not face onto a code complying rear yard; therefore, a variance is required.
    ARCHITECTURAL PLANS:
    The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2015-001273VAR.pdf.

B. REGULAR CALENDAR

  1. 2014-000361VAR  (ANDREW PERRY)
    2121-2123 JUDAH STREET
    , Lot 40 in Assessor's Block 1827 in a RH-3 (Residential House, Three-Family) Zoning District and a 40-X Height and Bulk District.
    REAR YARD VARIANCE SOUGHT:  The project proposes to infill an existing lightwell and egress stair area, which abuts a blind wall of the adjacent building. A new deck and egress stair structure is to be constructed at the rear.
    PURSUANT TO SECTION 134 OF THE PLANNING CODE, the subject property is required to maintain a rear yard of 35 feet.  The proposed rear stairs would be allowed as a permitted obstruction under Planning Code Section 136(c)(25) if not for an existing bay window at the rear of the building.  Therefore, a variance is required.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014-000361VAR.pdf.

  2. 2015-000281VAR (ANDREW PERRRY)
    1580, 1582, AND 1582A SANCHEZ STREET, Lot 007 in Assessor's Block 6620 in a RH-2 (Residential House, Two-Family) Zoning District and a 40-X Height and Bulk District.
    LOT SIZE, REAR YARD, OPEN SPACE AND EXPOSURE VARIANCES SOUGHT: 
    The project proposes a lot split on a lot with two existing structures within an RH-2 District. The front building has two existing units and the rear building has one dwelling unit. Access to the rear lot would be indirect, through an easement breezeway on the ground floor of the front building.
    PER SECTION 121 OF THE PLANNING CODE, there is a minimum lot area of 2,500 square feet or 1,750 sf for lots near street intersections. The newly created front lot would meet the requirement, but the rear lot is deficient with only 771sf.
    PER SECTION 134 OF THE PLANNING CODE, lots in RH-2 Districts need to have rear yards equal to 45% lot depth, and may not be reduced past the last 25% or 15', whichever is greater. The proposed lot split would create a scenario where both lots contain structures in the required rear yard area.
    PER SECTION 135 OF THE PLANNING CODE, all dwelling units must have access to usable open space. The proposed rear lot would meet the requirement as one dwelling unit, but the front lot would be deficient for the ~333sf that is required.
    PER SECTION 140 OF THE PLANNING CODE, all dwellings must look onto a street, complying rear yard, or courtyard of at least 25'. As it exists, the rear building is non-conforming to this requirement, and will continue the non-conformity.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2015-000281VAR.pdf.

  3. 2015-001355VAR (BRITTANY BENDIX)
    2728 GREEN STREET, Lot 009 in Assessor's Block 0950 in an RH-2 (Residential, House, Two Family) Zoning District and a 40-X Height and Bulk District.
    REAR YARD VARIANCE SOUGHT:  The proposal includes the following: (1) reconstruction and expansion of a portion of the building at the rear of the basement and ground floor levels, and (2) a horizontal expansion at the rear of the third and fourth floors.
    SECTION 134 OF THE PLANNING CODE requires a rear yard in an RH-2 Zoning District to be 45 percent of the lot depth, or the average of adjacent rear building walls, but in no case less than 25 percent of the lot depth, or 15 feet (whichever is greater). Additionally, when using averaging to determine the required rear yard, the structure must be 30 feet in height or less.
    The size of the subject lot varies in regards to depth. The 25-foot wide portion of the lot is 112.5 feet deep and requires a rear yard of 40.9 feet, and the 1.25-foot wide portion of the lot is 87.5 feet deep and requires a rear yard of 21.9 feet. The existing building configuration provides rear yards of 27.3 feet and 16 feet, respectively, and is therefore legally noncomplying. The proposal requires a variance for the following: (1) reconstructing the rear second story deck and in-filling the two levels below, (2) proposing a 10-foot tall wall above the rear 2nd story deck along the west side property line, (3) boxing out a planter on the third floor along the east property line, and (4) expanding the 3rd and 4th floors into the required rear yard area, but not beyond the rearmost building wall, at a height of 35.5 feet.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2015-001355VAR.pdf.

  4. 2014-002691VAR (CHRISTOPHER TOWNES)
    2635 - 18TH STREET
    , Lot 024 in Assessor's Block 4024 in a RH-2 (Residential-House, Two Family) Zoning District and a 40-X Height and Bulk District.
    REAR YARD VARIANCE SOUGHT:  The proposal includes the construction of a 543 square foot wood deck (11.5 feet above grade) at the rear of an existing single-family residence.
    PER SECTION 134 OF THE PLANNING CODE, the subject property is required to maintain a rear yard of 25% of the lot depth (or 23.75 feet). The proposed deck would occupy nearly the entire rear yard and would be setback 3 feet from the east side property line and abut the rear and west side property lines with a firewall 15 feet above grade; therefore, a Variance is required.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014-002691VAR.pdf.

  5. 2014.0666VAR (CHRISTOPHER TOWNES)
    241 - 10TH STREET, Lot 020 in Assessor's Block 3518 in a RCD (Regional Commercial) Zoning District and a 55-X Height and Bulk District.
    The proposal includes the demolition of an existing commercial building (containing car-rental) and the construction of a new 5-story, mixed-use, 28-dwelling unit building with ground floor commercial.
    PER SECTION 136 OF THE PLANNING CODE, bay window architectural obstructions must meet specific dimensional requirements. While the proposed bay windows on the front façade meet the area requirements, they would not meet the shape or setback requirements; therefore, a Variance is required.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014.0666VAR.pdf.

  6. 2014-002453VAR (ERIKA JACKSON)
    76 BERNAL HEIGHTS BLVD, Lot 030 in Assessor's Block 5639 in a RH-1 (Residential- House, One Family) Zoning District and a 40-X Height and Bulk District.
    REAR YARD VARIANCE:  The proposal includes the replacement of the existing rear deck and stairs with a larger rear deck and stairs and a 19 foot firewall along the west side property line.  The proposed firewall would not extend further into the rear yard than the existing building to the west.
    PER SECTION 242(e)(2) OF THE PLANNING CODE the subject property is required to maintain a rear yard that measures 35% of lot depth.  In this case the rear yard requirement is 22'-9".  The existing rear yard is 16 feet and the proposed rear deck and stairs would extend into the rear yard an additional 4 feet, leaving a rear yard of 12 feet.  The proposed deck and stairs would be constructed within the required rear yard; therefore, a variance is required.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014-002453VAR.pdf.

  7. 2014-002581VAR (GONZALO MOSQUERA)
    625 HYDE STREET, Lot 007 in Assessor’s Block 0302 in a RC-4 (Residential-Commercial combined) Zoning District and a 80-T Height and Bulk District.
    REAR YARD VARIANCE SOUGHT:  The proposal is for a horizontal addition at the 5th Floor extending into the required 25% rear yard by 5'-6". The addition is on a historic building, 4-stories over basement with 7 dwelling units.
    PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of 25% of the lot (15 feet minimum) or approximately 21 feet.  The proposed rear addition would encroach approximately 5 feet 6 inches into the required rear yard and result in area of approximately 65 square feet. The project requires a variance from the rear yard requirement (Section 134) of the Planning Code.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014-002581VAR.pdf.

  8. 2014.1394V (KIMBERLY DURANDET)
    144 LEXINGTON STREET, Lot 091 in Assessor's Block 3589 in a RTO-Mission/Valencia NCT Zoning District and a 45-X/55-X Height and Bulk District.
    LOT SIZE, REAR YARD AND FRONT SETBACK VARIANCES SOUGHT:  The proposed project will be seeking a lot subdivision of a through lot resulting in one substandard lot.  No changes are proposed to the existing building on Valencia. The building on Lexington proposes a horizontal extension of the 2nd floor and vertical addition of a 3rd floor increasing the number of residential units from 2 to 3.
    PER SECTION 121 OF THE PLANNING CODE the proposed subdivision will create a substandard 1,508 square feet lot at 144 Lexington Street.
    PER SECTION 132 OF THE PLANNING CODE the existing building at 144 Lexington does not meet the front setback requirement of two feet.
    PER SECTION 134 OF THE PLANNING CODE the property at 144 Lexington is required to maintain a rear yard of 25 percent of lot depth or a minimum of 15 feet. The rear yard created by the subdivision will be 10 feet to the existing building.
    ARCHITECTURAL PLANS:
    The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014.1394V.pdf.

  9. 2014.0419V  (LAURA AJELLO)
    457 WALLER STREET
    , Lot 031 in Assessor's Block 0867 in a RTO (Residential Transit Oriented District) Zoning District and a 40-X Height and Bulk District.
    REAR YARD AND OPEN SPACE VARIANCES SOUGHT:  The proposal is to construct a 3-story single-family dwelling at the rear of a through lot that fronts on both Waller and Germania Streets. The new building will be entirely within the required rear yard of the lot, which is developed with a three-story-over-basement, three-unit building that fronts on Waller Street. 
    SECTION 134 OF THE PLANNING CODE requires a rear yard in an RTO Zoning District to be 45 percent of the lot depth or the average of adjacent rear building walls, but in no case less than 25 percent of the lot depth or 15 feet (whichever is greater).  The subject property has a required rear yard of 59 feet based on the average depth of adjacent rear building walls. The proposed new building would be built to the rear property line (i.e. the Germania Street frontage) and would thus be entirely within the required rear yard.  Therefore, the proposal requires a rear yard variance.
    SECTION 134 OF THE PLANNING CODE requires 133 square feet of Common Open Space per dwelling unit. The proposal will not provide Code-complying open space for the three existing dwelling units facing Waller Street. Thus, the proposal requires a variance for open space.
    ARCHITECTURAL PLANS:
    The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014.0419V.pdf.

  10. 2014-002293VAR (NICHOLAS FOSTER)
    1036 FRANCISCO STREET, Lot 003 in Assessor's Block 0476 in a RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District.
    FRONT SETBACK AND REAR YARD VARIANCES SOUGHT:  The proposal is to legalize fences constructed along the east side property line without benefit of permit.  The fences are located within the required front setback and rear yard and do not meet the height limits for fences under the Planning Code.
    PLANNING CODE SECTION 132 requires a front setback of 3 feet for the subject property.  Within this area, an open fence of six feet is allowed.  The fence proposed for legalization is approximately 9 foot, 2 inches; therefore, a variance is required.
    PLANNING CODE SECTION 134 requires a rear yard of 34.4 feet for the subject property.  Within this area, a solid fence of 10 feet is allowed.  The fence proposed for legalization varies in height up to a maximum of 14 feet; therefore, a variance is required.
    ARCHITECTURAL PLANS:
    The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014-002293VAR.pdf.

  11. 2014-000229VAR  (SARA VELLVE)
    73 DOWNEY STREET, Lot 062 in Assessor's Block 1254 in a RH-2(Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District.
    The proposal is to modify the roof form at the rear of the building. The existing hipped roof with a dormer facing the rear property line would be changed to a gambrel roof with dormers facing each side property line.  The proposal would not alter the footprint of the existing building.
    PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 20 feet. The exiting building projects into the required rear yard by approximately 5 feet. The change in roof form is located within the required rear yard; therefore, the project requires a variance from the rear yard requirement.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014-000229VAR.pdf.

  12. 2014-003213VAR  (SHARON YOUNG)
    680 - 682 OAK STREET Lot 016 in Assessor's Block 0828 in a RM-1 Zoning (Residential-Mixed, Low Density) Zoning District and a 40-X Height and Bulk District.
    REAR YARD VARIANCE SOUGHT:  The proposal is to legalize the construction of existing stairs (approximately 18 feet 6 inches wide by 6 feet 3 inches deep by 13 feet 6 inches high) at the rear of the three-story, four-unit building.  The stairs (inclusive of stair landings) are set back approximately 4 feet 3 inches from the west side property line and 2 feet from the east side property line. 
    PER SECTION 134 OF THE PLANNING CODE, the subject property is required to maintain a rear yard of approximately 22 feet.  The stairs proposed to be legalized extend to within 3 feet of the rear property line.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014-003213VAR.pdf.

C. PUBLIC COMMENT

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

The Zoning Administrator will not take action on any item not appearing on the posted agenda, including those items raised at public comment. In response to public comment, the Zoning Administrator may:

  1. respond to statements made or questions posed by members of the public; or

  2. request staff to report back on a matter at a subsequent meeting; or

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


ADJOURNMENT

Hearing Procedures

The Zoning Administrator typically holds Variance Hearings on the 4th Wednesday of each month at 9:30 a.m., at the San Francisco City Hall, Room 408. City Hall is located at One Dr. Carlton B. Goodlett Place, San Francisco, CA 94102. Hearings are open to the public.

At the hearing, the Project Sponsor (Variance Applicant) will be given 5 minutes to present their case, including relevant testimony and evidence. The hearing room is equipped with a projector that can display photographs, architectural plans or other drawings and images. Members of the public will be given 3 minutes each to speak on the item. If a member of the public speaks against an item, the Project Sponsor will be given a 3 minute rebuttal.

Persons attending a hearing may comment on any scheduled item. When speaking, please note that a timer is displayed for each speaker and indicates how much time remains. Speakers will hear a loud sound indicating that the speaker's opportunity to address the Zoning Administrator has ended.

Please note that some items may appear on the Consent Calendar. These items are considered routine and may be granted by the Zoning Administrator. There is no separate discussion of consent items unless the Zoning Administrator, member of the public or staff so requests, in which event the matter is removed from the Consent Calendar and will be moved to the Regular Calendar in the Agenda.

In addition, the Zoning Administrator may consider a request for continuance to a later date. He may choose to continue the item to the date proposed, to continue the item to another date, or to hear the item on this calendar.

After all of the testimonies are submitted, the Zoning Administrator will consider the evidence, deliberate, and either make a decision, take the matter under advisement, or continue the matter in order for additional information to be presented.

Each hearing ends with general public comment, at which time members of the public may address the Zoning Administrator for up to 3 minutes on items of interest to the public that are within the subject matter jurisdiction of the Zoning Administrator, except agenda items. With respect to Agenda items, your opportunity to address the Zoning Administrator will be afforded when the item is reached during the meeting.

All Agenda of Variance Hearings and its Audio Recording (from June 2010 to present) are available on our website for access.

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 Zoning Administrator 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).

Decision Letter and Appeal Process

No decision is final until a Variance Decision Letter is issued. Due to current backlogs, decision letters may take up to 2 months to complete from the date of the hearing. The Zoning Administrator's action to grant or deny a variance application may be appealed to the Board of Appeals within 10 days of the date of the Decision Letter. For more information on how to file an appeal, please contact the Board of Appeals in person at 1650 Mission Street, Suite 304, call (415) 575-6880, or visit the San Francisco Board of Appeals website.

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 Zoning Administrator'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.

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 Zoning Administrator or Planning Commission, at, or prior to, the public hearing.

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

If the Zoning Administrator's or 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.