ROLL CALL:                      President:                                Rodney Fong

                                            Vice-President:                      Dennis Richards

                                            Commissioners:                    Michael J. Antonini; Rich Hillis; Christine Johnson

                                                                                                Kathrin Moore; Cindy Wu

 

A.            CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

 

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

 

B.         CONSENT CALENDAR

 

All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and may be acted upon by a single roll call vote of the Commission.  There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing

 

1.             2015-004164CUA                                                                                         (V. FLORES:  (415) 575-9173)

2411-2415 19^TH AVENUE - located on the western side of 19^th Avenue at Taraval Street; Lot 001 in Assessor’s Block 2406 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 741.27 to change hours of operation for existing limited restaurant (d.b.a. Seniore’s Pizza) to operate from 11am-6am daily - The subject property is located within the Taraval Street NCD (Neighborhood Commercial 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

 

C.         COMMISSION MATTERS

 

2.             Consideration of Adoption:

·         Draft Minutes for January 21, 2016

(Continued from Regular Meeting of February 4, 2016)

·         Draft Minutes for January 28, 2016

 

3.             Commission Comments/Questions

·         Inquiries/Announcements.  Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).

·         Future Meetings/Agendas.  At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.

               

D.         DEPARTMENT MATTERS

 

4.             Director’s Announcements

 

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

               

E.         GENERAL PUBLIC COMMENT – 15 MINUTES

 

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

 

F.            REGULAR CALENDAR 

 

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

 

6.             2016-000568MAP                                                                                          (K. BURNS: (415) 575-8732)

REZONING NOE VALLEY TOWN SQUARE - Planning Code Amendment to revise the Zoning Map to rezone Noe Valley Town Square, 3861 – 24^th Street, Assessor’s Block No. 6509, Lot No. 040, from its current designation as 24^th Street – Noe Valley Neighborhood Commercial District and 40-X to Public (P) and Open Space (OS); affirming the Planning Department’s determination under the California Environmental Quality Ace; and making findings including findings of public necessity, convenience and welfare under the Planning Code Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1

Preliminary Recommendation: Adopt a Recommendation for Approval

 

7.             2016-000613CRV                                                                                        (T. DISANTO: (415) 575-9113)

FINALIZE FY 2016-18 DEPARTMENT BUDGET AND WORK PROGRAM – Review and recommendation of approval of a balanced Fiscal Year 2016-18 department budget and work program for submission to the Mayor’s Office.

Preliminary Recommendation: Adopt a Recommendation for Approval

 

                8.                                                                                                                                     (R. SCHUETT: (415) 575-9030)

TRANSPORTATION SUSTAINABILITY PROGRAM – UPDATE ON TRANSPORTATION DEMAND MANAGEMENT ORDINANCE AND LEVEL OF SERVICE REFORM – Informational Presentation by Planning Department staff to provide updates on the Transportation Sustainability Program. The focus of the presentation will be to obtain feedback on the main element of the Shift component of the Transportation Sustainability Program, a proposed Transportation Demand Management (TDM) Ordinance which would establish a framework of TDM requirements for new land use development projects, making sure these projects are designed to make it easier for new residents, visitors, and workers to get around by sustainable modes of travel such as transit, walking, and bicycling. Planning Department staff will provide a brief overview of the ordinance framework and provide an update on public outreach to date.

Staff will also provide a brief update on the Align component of the Transportation Sustainability Program related to Level of Service reform. The Align component will be the focus of a Planning Commission hearing in the near future.

Preliminary Recommendation: None - Informational

 

9.             2013.1390IKA                                                                                               (M. SNYDER: (415) 575-6891)

1532 HARRISON STREET - approving an impact fee waiver for 1532 Harrison Street in the amount of $15,005,878 to create a plaza within the 12^th Street Right-of-Way between Bernice Street and Harrison Street for its entire width (aka “Eagle Plaza”), and to recommend to the Board of Supervisors that they adopt an ordinance accepting streetscape and open space improvements above the value of the in-kind fee waiver amount. 

Preliminary Recommendation:  Approve

 

10.          2015-000491CUA                                                                                            (A. PERRY: (415) 575-9017)

4482 MISSION STREET - western side of Mission Street between Santa Rosa and Excelsior Avenues; Lot 008 in Assessor’s Block 6796 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 303.1, and 703.4 to allow the establishment of a Formula Retail Limited Restaurant use (d.b.a. Quickly), which is already operating in the space. Limited Restaurants are permitted within the Excelsior Outer Mission NCD. This request seeks to abate Planning Enforcement Case No. 2014-000787ENF to legalize the use. Modified signage is proposed that will result in a reduction in signage compared with current site conditions, and no other work is proposed. Interior alterations were completed under Building Permit Application No. 2014.05.28.6926. The subject property is located within the Excelsior Outer Mission Neighborhood Commercial District, and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve with Conditions

 

11.          2014.1510CUA                                                                                    (M. BOUDREAUX: (415) 575-9140)

2238-2254 MARKET STREET, 2153 -2157 15th STREET - north side Market Street/south side of 15^th Street between 15^th and Noe Streets; Lot 005,006,007,008, 025,026  in Assessor’s Block 3560 - Request for Conditional Use Authorization, pursuant to Planning Code Section 303 1) to approve a Planned Unit Development per Section 304 with specific modifications for rear yard, dwelling unit exposure and bay window separation requirements.; 2) to allow development on a lot exceeding 9,999 square feet per Section 121.1; and 3) to allow commercial use size in excess of 2,999 square feet per Section 121.2. To project is to demolish surface parking lots; to retain and incorporate a commercial building at 2248-2254 Market St (an historic resource per CEQA, currently known as Sullivan’s Funeral Home) and a three-residential unit building at 2153-55 15^th St; and to construct additions and new mixed-use residential and commercial building at Market Street with maximum height of 55 feet, per Section 263.20, and new three-story, two-unit residential townhome at 2157 15th Street. In total, the proposal would contain approximately 45 new residential units,  retention of three rent-controlled residential units, 5,217 square feet ground floor commercial uses, an underground garage with up to 24 off-street residential parking spaces, 60 Class 1 and 6 Class 2 bicycle parking spaces, on a site proposing to merge six parcels with frontage on Market and 15th Streets within the Upper Market NCT (Neighborhood Commercial Transit) District and 40-50-X Height And Bulk District, and within a RH-2 (Residential House, Two Family) and 40-X Height And Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve with Conditions

 

12.          2013.1671C                                                                                                   (C. TOWNES: (415) 575-9195)                                (C.TOWNES: (415) 575-9195)

580 DE HARO STREET- northwest corner of 18^th Street and De Haro Street; Lot 003 in Assessor’s Block 4008  - Request for a Conditional Use Authorization , pursuant to Planning Code Section 303, to demolish all existing vacant buildings on a 15,000 sf (100’x150’) lot, including eight dwelling units and a 1,744 sf commercial office building, and to subdivide the lot into (3) 25’ x 100’ lots and (4) 25’ x 75’ lots and construct (2) single-family dwellings and (5) two-family dwellings for a total of twelve dwelling units, each up to 40-feet tall.  Per Planning Code Section 317, any application for a permit that would result in the loss or Removal of three or more Residential Units shall require a Conditional Use Authorization for the Removal and replacement of the units. The subject property is located within a RH-2 (Residential-House, Two Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve with Conditions

 

13a.        2015-000473CUA                                                                                  (K. DURANDET:  (415) 575-6816)

495 CHAPMAN STREET - located on the southeast corner of Chapman and Folsom Streets; Lot 042 in Assessor’s Block 5627 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 121 and 303 for construction of a three story, 1,286 sf single family dwelling on a substandard lot of 1,522 sf and less than 25 ft width at Folsom Street, where a minimum of 1,750 sf and 25 ft are required, respectively.  The subject property is located within a RH-1 (Residential House-One Family), Bernal Heights Special Use District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve with Conditions

 

13b.        2015-000473VAR                                                                                  (K. DURANDET:  (415) 575-6816)

495 CHAPMAN STREET - located on the southeast corner of Chapman and Folsom Streets; Lot 042 in Assessor’s Block 5627 - Request for Rear Yard Variance, pursuant to Planning Code Sections 134 and 306 - The project will be providing the required minimum rear yard, 35% lot depth or 24.5 feet in an alternative location fronting on Folsom Street, to allow for greater visibility at the corner of Folsom and Chapman and will be subject to a Variance. The subject property is located within a RH-1 (Residential House-One Family), Bernal Heights Special Use District and 40-X Height and Bulk District.

 

14a.        2013.1005EXVAR                                                                                              (C. GROB: (415) 575-9138)

22 FRANKLIN STREET -  along the east side of Franklin street between Oak Street and Page Street, Lots 011, 012 and 031 in Assessor’s Block 0836 - Request for a Downtown Project Authorization, pursuant to Section 309 with exceptions to the requirements for ground level wind currents pursuant to Section 148, and lot coverage pursuant to Section 249.33(b)(5). In addition, the Zoning Administrator will consider a Variance from the Dwelling Unit Exposure requirements pursuant to Planning Code Section 140. The proposed project includes demolition of the existing commercial building on lot 012, and construct an 8-story, 85-foot tall mixed-use building at the site. The proposed new building would include 35 dwelling units and 2,100 gross square feet of retail space along Franklin Street. The project site is located within a C-3-G (Downtown Commercial, General) Zoning District and 85-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve with Conditions

(Continued from Regular Meeting of December 17, 2015)

 

14b.        2013.1005EXVAR                                                                                              (C. GROB: (415) 575-9138)

22 FRANKLIN STREET - East side of Franklin Street between Oak Street and Page Street, Lots 011, 012, and 031 in Assessor’s Block 0836 - Request for Variance from exposure (Planning Code Section 140) requirements. The project proposes to demolish the existing commercial building and to establish an 85’-0” tall, eight-story, mixed-use building containing 35 residential units, approximately 2,100 square feet of retail space at the ground floor. The project site is located within a C-3-G (Downtown Commercial, General) Zoning District and 85-X Height and Bulk District.

(Continued from Regular Meeting of December 17, 2015)

 

G.            DISCRETIONARY REVIEW CALENDAR 

 

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

 

15a.        2013.0915DRPVAR                                                                                           (C. GROB: (415) 575-9138)

1469 PACIFIC AVENUE - south side of Pacific Avenue between Larkin Street and McCormick Street; Lot 029 in Assessor’s Block 0185 - Request for Discretionary Review of Building Permit Application No. 2012.10.31.3210, proposing the conversion of a two-story warehouse building and a two-story vertical addition to create a mixed-use building with nine residential units, ten off-street parking spaces, and 1,962 square feet of ground floor commercial space within the Pacific Avenue Neighborhood Commercial Zoning District (NCD) 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

 

15b.        2013.0915DRPVAR                                                                                           (C. GROB: (415) 575-9138)

1469 PACIFIC AVENUE - south side of Pacific Avenue between Larkin Street and McCormick Street; Lot 029 in Assessor’s Block 0185 - Request for Variance from rear yard requirements (Section 134) - The project proposes the conversion of a two-story warehouse building and a two-story vertical addition to create a mixed-use building with nine residential units, ten off-street parking spaces, and 1,962 square feet of ground floor commercial space within the Pacific Avenue Neighborhood Commercial Zoning District (NCD) and 40-X Height and Bulk District.

 

 

 

16.        2014-001088DRP                                                                                      (T. KENNEDY: (415) 575-9125)

1430 36^TH AVENUE - east side between Judah Street and Kirkham Street; Lot 033 in Assessor’s Block 1818 - Request for Discretionary Review of Building Permit Application No. 2014.10.10.8615, proposing a horizontal addition in the rear of an existing one unit residential building 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 December 3, 2015)

 

17.          2014.1096DRP                                                                                               (V. FLORES: (415) 575-9173)

17 TEMPLE STREET - east side of Temple Street between Saturn and 17^th Streets; Lot 031 in Assessor’s Block 2646 - Request for Discretionary Review of Building Permit Application No. 2014.04.22.3783 proposing to construct vertical and horizontal addition (at rear and front of existing structure) to an existing two-story single family residence. The existing unit will change from a two-bedroom unit to a three-bedroom unit, which will occupy the second and third floors of the structure. This unit will also include a new rear deck. Additionally, the project will add a one-bedroom unit on the first floor of the property. The subject property is within a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for 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 February 4, 2016)

 

                18.          2015-003411DRP                                                                                              (N. TRAN: (415) 575-9174)

21 ROSEMONT PLACE - northeast end of Rosemont Place, between 14^th Street and Clinton Park; Lot 020 in Assessor’s Block 3534 - Request for Discretionary Review of Building Permit Application No. 2014.07.03.0471, proposing to demolish a detached accessory garage structure, construct horizontal and vertical additions (new third floor) and increase the dwelling count on-site from one to three units. Other modifications include: interior remodeling, façade alterations, new roof decks, stair penthouse, partial building removal for a ground floor patio and creation of a second off-street parking space. The subject property is located within a RTO (Residential, Transit Oriented) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of February 4, 2016)

 

H.            PUBLIC COMMENT

 

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

 

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

 

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

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

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

 

Adjournment

Hearing Procedures

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

 

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

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

 

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

 

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

 

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

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

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

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

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

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

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

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

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

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

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

 

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

 

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

 

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

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

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

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

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

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

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

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

 

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

 

Hearing Materials

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

 

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

 

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

 

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

 

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

 

Appeals

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

 

Case Type	Case Suffix	Appeal Period*	Appeal Body
Office Allocation	B	15 calendar days	Board of Appeals**
Conditional Use Authorization and Planned Unit Development	C	30 calendar days	Board of Supervisors
Building Permit Application (Discretionary Review)	D	15 calendar days	Board of Appeals
EIR Certification	E	30 calendar days	Board of Supervisors
Coastal Zone Permit	P	15 calendar days	Board of Appeals
Planning Code Amendments by Application	T	30 calendar days	Board of Supervisors
Variance (Zoning Administrator action)	V	10 calendar days	Board of Appeals
Permit Review in C-3 Districts, Downtown Residential Districts and Large Project Authorization in Eastern Neighborhoods	X	15 calendar days	Board of Appeals
Zoning Map Change by Application	Z	30 calendar days	Board of Supervisors

 

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

 

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

 

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

 

Challenges

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

 

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

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

 

Protest of Fee or Exaction

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

 

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