ROLL CALL:                                                                         

 

                                            President:                                Rodney Fong

                                            Vice-President:                      Cindy Wu

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

                                                                                                Kathrin Moore; Dennis Richards

 

A.            CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

 

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

 

                1.             2014.1408C                                                                                         (M. BOUDREAUX: (415) 575-9140)

3822 24TH STREET - north side of 24th Street between Church and Vicksburg Streets; Lot 018 in Assessor’s Block 3651 - Request for Conditional Use Authorization pursuant to Planning Code Section 303, 317 and 728.37, to allow demolition of an existing two-story single-family dwelling. The proposed new construction includes a four-story-over-basement, five-unit residential with ground-floor commercial building, with five bicycle parking spaces. The building will be approximately 45 feet in height, pursuant to Planning Code Section 263.20. The property is within the 24th Street- Noe Valley NCD (Neighborhood Commercial) Zoning District, and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Pending

(Proposed for Continuance to April 23, 2015)

 

2.             2015-000673PCA                                                                                      (D. SANCHEZ: (415) 575-9082)

CASTRO STREET NEIGHBORHOOD COMMERCIAL DISTRICT, THE 24^TH STREET-NOE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT, THE UPPER MARKET NEIGHBORHOOD TRANSIT DISTRICT AND PARCELS ZONED NEIGHBORHOOD COMMERCIAL TRANSIT ON MARKET STREET [BOARD FILE NO. 150017] -  Planning Code Amendment introduced by Supervisor Wiener to require that certain uses obtain Conditional Use Authorization in the Castro Street Neighborhood Commercial District, the 24^th Street-Noe Valley Neighborhood Commercial District, the Upper Market Neighborhood Transit District and in the Moderate-Scale Neighborhood Commercial Transit (NCT-3) District for parcels on Market Street west of Octavia Boulevard; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, Planning Code Section 302 and the eight priority policies of Planning Code Section 101.1.

Preliminary Recommendation:  Pending

(Proposed for Continuance to April 23, 2015)

3.             2013.0614X                                                                                                     (B. BENDIX: (415) 558-6362)

600 SOUTH VAN NESS AVENUE - southwest corner of the intersection of 17^th Street and South Van Ness Avenue, Lot 070 in Assessor’s Block 3575 - Request for a Large Project Authorization pursuant to Planning Code Section 329 to construct a five-story, mixed-use building of approximately 34,715 gross square feet that contains 27 residential units, three ground floor commercial retail spaces totaling approximately 3,060 gross square feet, 17 off-street parking spaces, 27 bicycle parking spaces, and common open space, within the Urban Mixed Use (UMU) Zoning District and 58-X Height and Bulk District. The project is seeking a modification of the requirements for: 1) rear yard (Planning Code Section 134); 2) open space (Planning Code Section 135);  3) permitted obstructions over the street (Planning Code Section 136); 4) dwelling unit exposure (Planning Code Section 140); and, 5) street frontage (Planning Code Section 145.2). This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Pending

(Proposed for Continuance to April 30, 2015)

 

4.             2014.1019C                                                                                                 (E. JACKSON: (415) 558-6363)

1000 MISSISSIPPI STREET - west side of Mississippi Street, through lot to Texas Street, near 25^th Street; Block 4224, Lots 015-016, and 037-040 - Request for Conditional Use Authorization for a Planned Unit Development (PUD) to construct four 4-story residential buildings on a single podium containing 28 dwelling units and 28 off-street parking spaces in an underground garage in a RH-3 (Residential, House Districts, Three-Family) Zoning District and 40-X Height and Bulk designation pursuant to Planning Code Section 304. Modifications, including density (Planning Code Section 209.1), rear yard (Planning Code Section 134), open space (Planning Code Section 135), exposure (Planning Code Section 140), and method of measurement for height (Planning Code Section 260) are being requested under the PUD provisions of the Planning Code. This proposal is to modify the previously approved project – Case No. 2006.0810CEK under Motion No. 17583 approved on April 17, 2008.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Pending

(Proposed for Continuance to April 30, 2015)

 

5.             2014-003095CUA                                                                                     (T. KENNEDY: (415)-575-9125)

160 WEST PORTAL AVENUE - Block 2988A, Lot 006 - Request for SB4P (Small Business Priority Processing Pilot Program) Conditional Use Authorization to change a use from a Limited Restaurant to a Restaurant pursuant Planning Code Sections 303 and 729.44 - The Zoning Classification of the subject site is the West Portal Avenue Neighborhood Commercial Zoning District (NCD) and 26-X Height and Bulk District.  The uses in this district are family-oriented and are restricted in size and intensity. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Pending

(Proposed for Continuance to April 30, 2015)

 

                6.             2014-001033PCA                                                                                           (A. STARR: (415) 558-6362)

AMENDING REGULATION OF SHORT-TERM RESIDENTIAL RENTALS AND ESTABLISHING FEE [BOARD FILE 141036] -  Administrative Code and Planning Code Amendments 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:  Pending

(Continued from Regular Meeting of March 12, 2015)

(Proposed for Continuance to April 23, 2015)

 

                7.             2015-001282PCA                                                                                           (A. STARR: (415) 558-6362)

SUSPENSION OF ORDINANCE NO.218-14 –REGULATING SHORT-TERM RENTALS - [Board File No. 150028] - Administrative and Planning Code Amendments to suspend Ordinance No. 218-14, which provided an exception for permanent residents to the prohibition on short-term residential rentals under certain conditions, created procedures, including a registry administered by the Planning Department, for tracking short-term residential rentals and compliance, established an application fee for the registry, and clarified that short-term residential rentals shall not change a unit’s type as residential, but provide that Ordinance No. 218-14 will become operative again 30 days after the Treasurer/Tax Collector certifies that all short-term residential rental hosting platforms have remitted all Transient Occupancy Taxes that are due and payable; 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:  Pending

(Proposed for Indefinite Continuance)

 

B.         COMMISSION MATTERS

 

8.             Consideration of Adoption:

·         Draft Minutes for March 19, 2015

 

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.

 

C.         DEPARTMENT MATTERS

 

10.          Director’s Announcements

 

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

               

D.         GENERAL PUBLIC COMMENT – 15 MINUTES

 

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

 

E.            REGULAR CALENDAR 

 

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

                               

                12a.        2015-001388PCA                                                                                           (A. STARR: (415) 558-6362)

ESTABLISHING THE DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT [BOARD FILE NO. 150082] -  Planning Code and Zoning Map Amendments to establish the Divisadero Street Neighborhood Commercial Transit District along Divisadero Street between Haight and O’Farrell Streets in place of the Divisadero Street Neighborhood Commercial District and make conforming and other technical changes to various other sections; amending the Zoning Map to make changes that conform with the Code amendments; 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

 

12b.        2015-001268PCA                                                                                           (A. STARR: (415) 558-6362)

ESTABLISHING THE FILLMORE STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT [BOARD FILE NO. 150081] - Planning Code and Zoning Map Amendments to establish the Fillmore Street Neighborhood Commercial Transit District along Fillmore Street between Bush and McAllister Streets in place of the Fillmore Street Neighborhood Commercial District; rezoning two properties at the corner of Fillmore and Fulton from NC-1 to RTO; amending various other sections to make conforming and other technical changes; amending the Zoning Map to make changes that conform with the Code amendments; and 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 with Modifications

 

13a.        2013.0973CVX                                                                                      (G. MOSQUERA: (415) 575-9165)

150 VAN NESS AVENUE - Southern side of Hayes Street between Van Ness Avenue and Polk Street; Lots 001, 014, 015, 016 and 021 in Assessor’s Block 0814. The project will demolish one existing office buildings, four parking lots and the pedestrian bridge over Hayes Street and construct a 120 foot, 450,577 square foot, 13-story building with approximately 420 dwelling units and 9,000 square foot of ground floor retail.  Request for Downtown Project Authorization, including modifications to certain Planning Code requirements, including: 1) ground level wind currents (Planning Code Section 148); 2) off-street parking exceeding principally-permitted amounts (Planning Code 151.1); 3) rear yard—lot coverage (Planning Code Section 249.33).The project site is located within a C-3-G (Downtown General) Zoning District and 120-R-2 Height and Bulk District, and Van Ness & Market Downtown Residential SUD.  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 March 12, 2015)

 

13b.        2013.0973CVX                                                                                       (G. MOSQUERA: (415) 575-9165)

150 VAN NESS AVENUE - Southern side of Hayes Street between Van Ness Avenue and Polk Street; Lots 001, 014, 015, 016 and 021 in Assessor’s Block 0814. The project will demolish one existing office buildings, four parking lots and the pedestrian bridge over Hayes Street and construct a 120 foot, 450,577 square foot, 13-story building with approximately 420 dwelling units and 9,000 square foot of ground floor retail. Request for Conditional Use Authorization to exempt the floor area attributed to the on-site inclusionary affordable units from the Floor Area Ratio (Planning Code Section 124) and authorize three guest suites as hotel rooms (Planning Code Section 216). The project site is located within a C-3-G (Downtown General) Zoning District and 120-R-2 Height and Bulk District, and Van Ness & Market Downtown Residential SUD.

Preliminary Recommendation: Approve with Conditions

(Continued from Regular Meeting of March 12, 2015)

 

13c.        2013.0973CVX                                                                                        (G. MOSQUERA (415) 575-9165)

150 VAN NESS AVENUE - Southern side of Hayes Street between Van Ness Avenue and Polk Street; Lots 001, 014, 015, 016 and 021 in Assessor’s Block 0814. The project will demolish one existing office building, four parking lots and the pedestrian bridge over Hayes Street and construct a 120 foot, 450,577 square foot, 13-story building with approximately 420 dwelling units and 9,000 square foot of ground floor retail. Request for Variance, from the requirements for dwelling unit exposure (Planning Code Section 140) and curb cut width (Planning Code Sections 145.1 and 155), and a height exemption for the 120-foot height limit for the elevator penthouse (Planning Code Section 260). The Zoning Administrator will consider these requests following the Planning Commission’s consideration of the request for Downtown Project Authorization and Conditional Use Authorization. The project site is located within a C-3-G (Downtown General) Zoning District and 120-R-2 Height and Bulk District, and Van Ness & Market Downtown Residential SUD.

(Continued from Regular Meeting of March 12, 2015)

 

14.          2014.1520C                                                                                                    (B. BENDIX: (415) 575-9114)

561-563 VALENCIA STREET - east side of Valencia Street between 16^th and 17^th Streets, Lot 041 in Assessor’s Block 3569 - Request for Conditional Use Authorization pursuant to Planning Code Sections 121.2, 303, 726.21 and 726.44 to legalize a non-residential use arger than 3,000 square feet and to convert a retail use to a restaurant use in the Valencia Street NCT (Neighborhood Commercial Transit) Zoning District and 55-X Height and Bulk District. The proposed project legalizes the expansion of a restaurant at 561 Valencia Street (d.b.a. Bar Tartine) to approximately 3,400 gross square feet by converting an adjacent ground floor commercial space at 563 Valencia Street to a restaurant use. The project does not expand the existing building footprint. 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

 

 

 

F.            DISCRETIONARY REVIEW CALENDAR 

 

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

 

                15.          2013.1431DRP_3                                                                                           (R. SUCRE: (415) 558-6159)

1512 20^th STREET - north side of 20^th Street between Missouri and Connecticut Streets, Lot 012 in Assessor's Block 4067 - Request for Discretionary Review of Building Permit Application No. 2013.10.29.0519 (Alteration) proposing a change in use from retail/personal service to restaurant/personal service and construction of a one-story vertical addition and a one-to-two-story horizontal addition with a second-story roof deck within the NC-2 (Small-Scale Neighborhood Commercial) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Full Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

 

G.            PUBLIC COMMENT

 

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

 

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

 

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

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

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

 

Adjournment

Hearing Procedures

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

 

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

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

 

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

 

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

 

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

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

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

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

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

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

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

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

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

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

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

 

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

 

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

 

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

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

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

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

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

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

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

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

 

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

 

Hearing Materials

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

 

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

 

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

 

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

 

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

 

Appeals

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

 

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

 

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

 

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

 

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

 

Challenges

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

 

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

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

 

Protest of Fee or Exaction

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

 

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