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.

 

1.                   2014-002961CUA                                                                                                   (D. VU: (415) 575-9120)

1699 MARKET STREET - south side between Octavia and Gough Streets; Lot 030 in Assessor’s Block 3504 - Request for Conditional Use Authorization of a Planned Unit Development pursuant to Planning Code Sections 303 and 304 to demolish an existing 22,150 square foot commercial building and construct an approximately 199,562 square foot, nine-story 85-foot tall building consisting of up to 162 dwelling units, approximately 4,500 square feet of commercial space, and up to 97 off-street parking spaces in a basement level garage. The project is also requesting an exception to the off-street parking requirements, pursuant to Planning Code Section 304. The subject property is located within a Neighborhood Commercial Transit, Moderate Scale (NCT-3) District and 85-X Height and Bulk District. This notice also meets Section 312 requirements for public notification. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

                                (Proposed for Continuance to March 24, 2016)

 

2.                   2015-005788CUA                                                                                     (W. FARRENS: (415) 575-9172)

372 7^TH AVENUE - east side between Geary Boulevard and Clement Street; Lot 023 in Assessor’s Block 1438 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 712.54 to legalize a Massage Establishment use that is operating as accessory to an existing Medical Service use (dba “Tian Yun Clinic”), within a NC-3 (Neighborhood Commercial, Moderate 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 San Francisco Administrative Code Section 31.04(h).

(Proposed for Indefinite Continuance)

 

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

 

3.                   2015-012168CND                                                                                      (E. JARDINES: (415) 575-9144)

158-162 LINDA STREET – west side of Linda Street between 19th and 20th Streets; Lot 049 of Assessor’s Block 3597 - Request for Condominium Conversion Subdivision to convert a three-story over garage, six-unit building into residential condominiums within a RTO-M (Residential Transit Oriented - Mission) Zoning District and 45-X Height and Bulk District. The project was determined not to be a project under CEQA Guidelines Sections 15060(c) and 15378 because there is no direct or indirect physical change in the environment.

Preliminary Recommendation: Approve

 

4.                   2015-012375CND                                                                                        (J. DISALVO: (415) 575-9182)

427-431 14^TH STREET - south side of 14^th Street  between Guerrero & Valencia Streets; Lot 029 of Assessor’s Block 3546 - Request for Condominium Conversion Subdivision to convert a three-story, four-unit building (front building) and a one-story, one-unit building (rear building) into residential condominiums within a RTO-M (Residential Transit Oriented - Mission) Zoning District and 45-X Height and Bulk District. The project was determined not to be a project under CEQA Guidelines Sections 15060(c) and 15378 because there is no direct or indirect physical change in the environment.

Preliminary Recommendation: Approve

                                                                                                                                                                                                                                               

C.         COMMISSION MATTERS

 

5.             Consideration of Adoption:

·         Draft Minutes for February 25, 2016

 

6.             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

 

7.             Director’s Announcements

 

8.             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.

 

9.                                                                                                                                 (D. SOKOLOVE: (415) 575-9046)

SAN FRANCISCO SEA LEVEL RISE ACTION PLAN - Informational presentation on San Francisco Sea Level Rise Action Plan (SLR Action Plan).  The SLR Action Plan is a product of the Mayor’s Sea Level Rise Coordinating Committee, co-chaired by Gil Kelley (Planning) and Fuad Sweiss (Public Works).  The SLR Action Plan gives San Francisco a clear path forward to further understand and address the threat of sea level rise and what it means for our waterfront, economy, residents, and visitors. It, along with the Executive Directive, provides direction to our City departments to be flexible and adaptive as they continue to plan for sea level rise along San Francisco’s coastal shoreline and waterfront.

Preliminary Recommendation: None – Informational

 

10.          2015-018261PCA                                                                                      (D. SANCHEZ: (415) 575-9082)

PERMITTING ACCESSORY MASSAGE USES WITH CONDITIONAL USE PERMIT IN THE NORTH OF MARKET RESIDENTIAL SPECIAL USE DISTRICT [BOARD FILE NO. 151280] -  Planning Code Amendment introduced by Supervisor Kim to permit accessory massage uses, with a Conditional Use permit, in the North Market Residential Special Use District; 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: Adopt a Recommendation for Approval

 

11.          2015-018387CUA                                                                                  (E. SAMONSKY: (415) 575-9112)

461 VALENCIA STREET - located on the east side of Valencia Street, between Sparrow Street and 16^th Street; Lot 019 Assessor’s Block 3554 - Request for Conditional Use Authorization pursuant to Planning Code Sections 145.4(e) and 303 to permit a change of use of a 3,153 square foot vacant commercial space (previously occupied by an art gallery) to a Business and Professional Service use, doing business as Keller Williams Realty, at the ground floor of the subject property. The project also includes interior and exterior tenant improvements. The subject property is located in the Valencia Street Neighborhood Commercial Transit (NCT) Zoning District and 55-X Height and Bulk District.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Approve with Conditions

(Continued from Regular Meeting of March 3, 2016)

 

12.          2015-000332CUA                                                                                        (C. TOWNES: (415) 575-9195)

1531-1581 HOWARD STREET - east side of Howard Street between 11^th and12th Streets; Lots 056 & 064 in Assessor’s Block 3516 - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 157.1, 303, and 844.71 to establish 4-level vehicle stacker storage for 132 parking spaces within an enclosed lot, including the construction of a one-story car wash and three architectural metal vehicle screening structures up to 32’-7” tall along Howard Street. The 55,818 sf site is currently occupied by an auto repair facility (Royal Motors). The subject properties are located within the WMUG (Western SoMa Mixed Use-General) Zoning District, Western SoMa Special Use 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

 

13.          2013.0253ENX                                                                                            (S. MENDRIN: (415) 575-9178)

655 FOLSOM STREET - located on the south side of Folsom Street between 3^rd and Hawthorne Streets, Lot 050 in Assessor’s Block 3570 - Request for Large Project Authorization, pursuant to Planning Code Section 329, for the demolition of the existing building and parking lot and the construction of a fourteen-story mixed use building (measuring approximately 75,164 gross square feet) measuring130-ft from existing grade to the roof (with an elevator and stair penthouse) with approximately 2,300 square feet of commercial space and 89 dwelling units, 36 off-street parking spaces in a basement level, one car-share parking spaces, 89 Class 1 bicycle parking spaces, and 6 Class 2 bicycle parking spaces. The project includes private and common open space, as well as a publically-accessible open space located on Hawthorne Street via an extension of the sidewalk and associated landscaping. Under the Large Project Authorization, the project is seeking exceptions including: 1) rear yard (Planning Code Section 134); 2) dwelling unit exposure (Planning Code Section 140); 3) ground floor ceiling height (Planning Code Section 145.1); and 4) off-street parking (Planning Code Section 151.1). The subject property is located within the MUR (Mixed Use Residential) Zoning District, and 130-G 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

 

14a.        2013.0431CV                                                                                          (E. JONCKHEER: (415) 575-8728)

750-754 14^TH STREET - northwest corner of 14^th and Belcher Streets, Lot 025 in Assessor’s Block 3537 - Request for Conditional Use Authorization pursuant to Planning Code Sections 207.6, 209.4  and 303, to: (1) add seven dwelling units to an existing ten-unit building exceeding the principally permitted dwelling unit density, and (2) provide less than the required 40 percent two-bedroom or greater unit mix for the proposed new units, within the RTO (Residential, Transit Oriented Development) Zoning District and 40-X Height and Bulk District and within the Market and Octavia Area Plan.   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

 

14b.        2013.0431CV                                                                                          (E. JONCKHEER: (415) 575-8728)

750-754 14^TH STREET - northwest corner of 14^th and Belcher Streets, Lot 025 in Assessor’s Block 3537 - Request for a Variance pursuant to Planning Code Sections: 134, to allow for an exterior stairway in the required rear yard, 135, to provide for approximately 590 square feet of common usable open space where 931 square feet is required, and 140, for dwelling unit exposure for ground floor units #5 and #6 where the existing chapel stage overhang extends 5 feet above the dwelling unit windows into a required rear yard area less than 25 feet in depth.  The project site is located within the RTO (Residential, Transit Oriented Development) Zoning District and 40-X Height and Bulk District and within the Market and Octavia Area Plan.

 

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.        2015-006356DRMVAR                                                                            (W. FARRENS: (415) 575-9172)

336 PIERCE STREET - east side between Oak and Page Streets, Lot 020 in Assessor’s Block 0844 - Mandatory Discretionary Review of Building Permit Application No. 2015.09.09.6439 to legalize work done beyond the scope of approved Building Permit No. 2012.11.14.4171 that is tantamount to demolition per Planning Code Section 317, within a RM-1 (Residential, Mixed, Low 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

 

15b.        2015-006356DRMVAR                                                                            (W. FARRENS: (415) 575-9172)

336 PIERCE STREET - east side between Oak and Page Streets, Lot 020 in Assessor’s Block 0844 - Request for a Variance pursuant to Planning Code Section 134 to allow reconstruction of a two-story garage with one dwelling unit located in the required rear yard.  The project site is located within a RM-1 (Residential, Mixed, Low Density) Zoning District and 40-X Height and Bulk District.

 

                16.        2014-000352DRP                                                                                          (S. YOUNG: (415) 558-6346)

2231 FRANCISCO STREET – south side between Divisadero and Scott Streets; Lots 051-052 in Assessor’s Block 0929 –Request for Discretionary Review of Building Permit Application No. 2014.05.05.4871 to remove the existing one-story rear extension and in its place, construct a two-story horizontal addition at the rear of a three-story, two-unit residential building 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 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

 

17.          2014-003127DRP                                                                                         (C. CLARKE: (415) 575-9184)

155-157 29^TH STREET - south side, between Dolores Street & San Jose Avenue, Lot 025 in Assessor’s Block 6634; Request for Discretionary Review of Building Permit Application No. 2014.1205.3112 proposing construction of a two-story rear horizontal addition, with roof deck above, and a vertical addition of a third story with roof deck above an existing two-story (over garage) two-family dwelling within a RH-3 (Residential House, Three-Family) Zoning District and 40-X Height and Bulk District. The project also includes infill of two lightwells at the ground floor and adding a roof deck at the front of the third story, as well as façade and interior alterations. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

 

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.