ROLL CALL:                                                                         

 

                                            President:                                Cindy Wu

                                            Vice-President:                      Rodney Fong

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

                                                                                                Kathrin Moore; Dennis Richards

 

A.            CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

 

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

 

1.                   2014.1393C                                                                                                   (O. MASRY:  (415) 575-9116)

1135 EVANS AVENUE - at the southwest corner of Evans Avenue and Middle Point Road, Lot 014 in Assessor’s Block 4602A - Request for Conditional Use Authorization under Planning Code Sections 711.83 and 303 to modify an existing wireless telecommunications services (WTS) facility operated by Sprint.  The modified macro WTS facility would allow three (3) additional panel antennas adjacent to three (3) existing panel antennas mounted to Pacific Gas & Electric transmission towers. Related electronic equipment would be located on the transmission towers, and an existing ground-mounted equipment area. The facility is proposed on a Location Preference 1 Site (Preferred Location; Co-Location with Verizon Wireless and T-Mobile) within a NC-2 (Neighborhood Commercial, Small-Scale) 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.

(Continued from Regular Meeting of December 11, 2014)

(Proposed for Continuance to January 22, 2015) 

 

                2.             2014.001033PCA                                                                                            (A. STARR: (415) 558-6362)

ADMINISTRATIVE AND PLANNING CODE AMENDMENT – AMENDING REGULATION OF SHORT-TERM RESIDENTIAL RENTALS AND ESTABLISHING FEE [BOARD FILE 141036] -  Amendment to the Administrative Code to provide an exception for permanent residents to the prohibition on short-term residential rentals under certain conditions; to create procedures, including a registry administered by the Planning Department, for tracking short-term residential rentals and compliance; to establish an application fee for the registry; amending the Planning Code to clarify that short-term residential rentals shall not change a unit's type as residential; affirming the Planning Department's determination under the California Environmental Quality Act; and making 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

(Proposed for Continuance to March 5, 2015)      

 

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

 

3a.          2011.1374E                                                                                                      (R. SUCRÉ: (415) 575-9108)

800 INDIANA STREET - located on the west side of Indiana Street between 20^th and 22^nd Streets, Lot 009 in Assessor’s Block 4105 – Adoption of the CEQA Findings for the proposed project, including the new construction of a five-story, residential building (measuring approximately 58-feet high and approximately 431,020 gsf) with up to 326 dwelling units, 260 off-street parking spaces, 195 Class 1 bicycle parking spaces, 16 Class 2 bicycle parking spaces, and private and common open space within the UMU (Urban Mixed Use) Zoning District and 58-X Height and Bulk District.

Preliminary Recommendation:  Adopt CEQA Findings

(Continued from Regular Meeting of December 18, 2014)

NOTE: After Hearing and Closing Public Comment; adopted a Motion of Intent to Approve with Conditions, including the Project Sponsor continue working with staff on the freeway side façade; and Continued to the January 8, 2015 Consent Calendar by a vote of +7 -0.

 

                3b.          2011.1374KX                                                                                                   (R. SUCRÉ: (415) 575-9108)

800 INDIANA STREET - located on the west side of Indiana Street between 20^th and 22^nd Streets, Lot 009 in Assessor’s Block 4105 – Request for Adoption of Findings, pursuant to Planning Code Section 295, regarding the shadow study that concluded the new construction of a five-story, 58-ft tall, residential building with up to 326 dwelling units would not be adverse to the use of Esprit Park, which is under the jurisdiction of the San Francisco Recreation and Park Commission. The subject property is located within the UMU (Urban Mixed-Use Zoning District) and 58-X Height and Bulk District.

Preliminary Recommendation:  Adopt Findings

(Continued from Regular Meeting of December 18, 2014)

NOTE: After Hearing and Closing Public Comment; adopted a Motion of Intent to Approve with Conditions, including the Project Sponsor continue working with staff on the freeway side façade; and Continued to the January 8, 2015 Consent Calendar by a vote of +7 -0.

 

                3c.          2011.1374KX                                                                                                   (R. SUCRÉ: (415) 575-9108)

800 INDIANA STREET - located on the west side of Indiana Street between 20^th and 22^nd Streets, Lot 009 in Assessor’s Block 4105 – Request for a Large Project Authorization (LPA), pursuant to Planning Code Section 329, for the new construction of a five-story, residential building (measuring approximately 58-feet high and approximately 431,020 gsf) with up to 326 dwelling units, 260 off-street parking spaces, 195 Class 1 bicycle parking spaces, 16 Class 2 bicycle parking spaces, and private and common open space. Under the LPA, the project is seeking a modification to certain Planning Code requirements, including: 1) rear yard (Planning Code Section 134); 2) open space (Planning Code Section 135); 3) permitted obstructions over the street, setback, yard or useable open space (Planning Code Section 136); 4) dwelling unit exposure (Planning Code Section 140); 5) off-street loading (Planning Code Section 152.1); and, 6) horizontal mass reduction (Planning Code Section 270.1). The subject property is located within the UMU (Urban Mixed-Use Zoning District) and 58-X Height and Bulk District.

Preliminary Recommendation:  Approve with Conditions

(Continued from Regular Meeting of December 18, 2014)

NOTE: After Hearing and Closing Public Comment; adopted a Motion of Intent to Approve with Conditions, including the Project Sponsor continue working with staff on the freeway side façade; and Continued to the January 8, 2015 Consent Calendar by a vote of +7 -0.

 

 

4.                   2014.0560C                                                                                                    (O. MASRY:  (415) 575-9116)

4377 MISSION STREET - at the southeast corner of Mission Street and Avalon Avenue, Lots 033-041 in Assessor’s Block 6013 - Request for Conditional Use Authorization under Planning Code Sections 745.83 and 303 to modify an existing wireless telecommunications services (WTS) facility operated by Sprint.  The modified macro WTS facility would replace three (3) panel antennas which are mounted within a single rooftop-mounted radome; with six (6) panel antennas within a faux rooftop-mounted stairwell penthouse. Related electronic equipment would be located on the roof, and an existing first floor equipment area. The facility is proposed on a Location Preference 6 Site (Limited Preference, Individual Neighborhood Commercial District) within the Excelsior Outer Mission Street Neighborhood Commercial District, Excelsior Alcohol Restricted Use District, Fringe Financial Services Restricted 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

 

5.                   2014.1547C                                                                                            (K. DURANDET: (415) 575-6816)

3481 18^TH STREET - south side between Valencia and Lexington; Lot 145 of Assessor’s Block 3589 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 178(c), 186 and 303, to extend the hours of operation of an existing Limited Commercial Use authorized as a full-service restaurant (d.b.a. Regalito) within the RTO-Mission (Residential, Transit Oriented-Mission Neighborhood) Zoning District, Mission Alcoholic Beverage Special Use Sub-District and 55-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

 

6.                   2014.0953C                                                                                         (M. BOUDREAUX: (415) 575-9140)

498 SANCHEZ STREET – cross street 18th; Lot 087 in Assessor’s Block 3581 – Request for Conditional Use Authorization, pursuant to Planning Code Section 182, 186, 303, 715.44, 721.44, 733.44, to allow change of use from Limited Restaurant to Restaurant (d.b.a. Samovar Tea Lounge) in conjunction with obtaining an ABC Type 41 license for on-sale beer and wine at the restaurant, within a RH-3 (Residential, House, Three-Family) Zoning District, and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

                                Preliminary Recommendation:  Approve with Conditions

 

7.                   2014.1468Q                                                                                                    (B.BENDIX: (415) 575-9114)

178-188 Albion Street – west side of Albion Street between Camp and 17th Streets, Lot 035 in Assessor’s Block 3568; Request for Condominium Conversion Subdivision to convert a three-story-over-garage, six unit building into residential condominiums within an RTO-M (Residential, Transit Oriented – Mission) 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 Section 31.04(h) of the San Francisco Administrative Code.

                                Preliminary Recommendation:  Approve

C.         COMMISSION MATTERS

 

8.             Consideration of Adoption:

·        Draft Minutes for December 11, 2014

·        Draft Minutes for December 18, 2014

 

9.             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.

 

10.          Commission Rules & Regulations - Consideration of Amendments and Adoption.

 

D.         DEPARTMENT MATTERS

 

11.          Director’s Announcements

               

12.          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.

 

13.                                                                                                                            (K. Dischinger: (415) 558-6284)

Area  Plan  Implementation Update and Inter-Department Plan Implementation Committee  (IPIC) report - Informational presentation on the activities of  the Department's Plan Implementation Group, including overview of progress  toward  funding  infrastructure  projects called for in adopted area plans  and  coordination  with  CACs.  Presentation of 2014 Inter-Department Plan Implementation  Committee  (IPIC)  Report, which includes capital planning  accomplishments  and  recommendations  for  each plan area.

Preliminary Recommendation: None - Informational

 

14.          2014.001503CWP                                                                                       (M. MOHAN: (415) 575-9141)

2014 HOUSING ELEMENT UPDATE - Consideration of a Resolution to Initiate Amendments to the San Francisco General Plan. Pursuant to San Francisco Charter Section 4.105, Planning Code Section 340(c), consideration of a Resolution of intention to initiate an amendment to the General Plan, including repealing the existing Housing Element of the General Plan, adopting the 2014 Housing Element update, and related actions, making Planning Code Section 101.1 findings, and recommending that the Board of Supervisors adopt an Ordinance approving the amendments.  The 2014 Housing Element Update is required by State Law, and includes Part 1: Data and Needs Analysis, which contains a description and analysis of San Francisco’s population, household and employment trends, existing housing characteristics, and housing needs; Part 2: Objectives, Policies; and a series of Appendices including Implementing Programs, which sets forth actions to help address the City’s needs.

Preliminary Recommendation: Adopt a Resolution to Initiate and Adoption Proceedings

 

                15.          2013.1600B                                                                                                 (E. JACKSON: (415) 558-6363)

340 BRYANT STREET - at Rincon Alley, Lot 061 in Assessor’s Block 3764, Request for Office Development Authorization, pursuant to Planning Code Sections 321 and 842.66 to convert the second, third and fourth floors to 47,536 gross square feet of office use. The subject property is located within the Mixed Use Office (MUO) Zoning District and 65-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

 

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.

 

16.          2014.0177DD                                                                                                 (T. CHANG: (415) 575-9197)

53 STATES STREET - south side of States Street between Castro and Douglass Streets; Lot 074 in Assessor’s Block 6623 - Mandatory Discretionary Review, pursuant to Planning Code Section 317, to demolish an existing single-family dwelling unit to construct a new four-story, two-family dwelling within a RH-2 (Residential, Home, 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.

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of November 20, 2014)

NOTE: After Hearing and Closing Public Comment, provided direction on bulk and scale; and Continued to January 8, 2015 by a vote of +7 -0.

 

                17.          2012.0588DD                                                                                                 (M. SMITH: (415) 558-6332)

987-991 Dolores Street – east side of Dolores Street between 22^nd and 23^rd Streets; Lot 017 in Assessor’s Block 3631 – Requests for Discretionary Review of building permit No. 2014.05.06.4989, proposing to demolish the existing detached garage located at the rear of the property on Quane Street and construct a detached, one-story over garage dwelling in the same location.  One of the dwellings from the front building on Dolores Street would be relocated to the proposed detached building.  The total number of dwellings on the lot would remain six dwellings. In February 2014, the project was granted variances for exposure, rear yard, and parking pursuant to case No. 2013.0588V.  The subject property is located within a RM-1 (Residential, Mixed, Moderate-Density) 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.

                        Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

 

18.          2014.0065D                                                                                                    (M. SMITH: (415) 558-6332)

                                3721 21^ST STREET – south side of 21st Street between Noe and Sanchez Streets; Lot 081 in Assessor’s Block 3621 – Request for Discretionary Review of building permit No. 2013.12.13.4205, proposing to construct a three-story over garage, single-family dwelling.  Pursuant to Section 317 of the Code, the proposed demolition of the existing building was administratively approved pursuant to case No. 2013.0067D because it has a value greater than at least 80% of the combined land and structure values of single-family homes in San Francisco. The subject property is located within a RH-1 (Residential, House, One-Family) Zoning District, the Dolores Heights Special Use 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:  Do Not Take Discretionary Review and Approve 

 

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.