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.                   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 10, 2016)

                (Proposed for Continuance to July 14, 2016)

 

2.             2014.1020CUA                                                                                                        (D. VU: (415) 575-9120)

1515 SOUTH VAN NESS AVENUE (AKA 3251 26^TH STREET) - southeast corner of South Van Ness Avenue and 26^th Street; Lots 001, 001A & 008 in Assessor’s Block 3251 (District 9) -Request for Conditional Use Authorization of a Planned Unit Development pursuant to Planning Code Sections 121.1, 303 and 304 for demolition of an existing 31,680 square foot commercial/industrial building and construction of an approximately 180,277 square foot, five- to six-story, 65-foot tall building that includes up to 157 dwelling units, approximately 5,241 square feet of ground floor commercial space, 16,441 square feet of usable open space, and up to 81 basement level off-street parking spaces. The project is also requesting modifications from the rear yard, permitted obstructions and dwelling unit exposure requirements pursuant to Planning Code Sections 134, 136 and 140, respectively. The subject property is located within the Mission Street Neighborhood Commercial Transit (NCT) District and 55-X and 65-X Height and Bulk Districts. 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).

Preliminary Recommendation: Pending

(Continued from Regular Meeting of April 21, 2016)

(Proposed for Continuance to July 21, 2016)

 

 

 

 

3a.          2015-006356CUA                                                                                     (W. FARRENS: (415) 575-9172)

336 PIERCE STREET - east side between Oak and Page Streets; Lot 020 in Assessor’s Block 0844 (District 5) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 317 to reconstruct an existing garage with one dwelling unit at the rear of the lot behind an existing 8 unit building. The subject property is within a RM-1 Zoning District and 40-X Height and Bulk District. The proposal was heard previously as a Mandatory Discretionary Review (Case No. 2015-006356DRM) at the Planning Commission hearing of March 10, 2016. The Planning Commission voted to continue the project to June 16, 2016. Due to recent legislative changes, the proposal will now be heard as a request for Conditional Use Authorization. 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 March 10, 2016)

(Proposed for Indefinite Continuance)

3b.          2015-006356VAR                                                                                     (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.

                                    (Continued from Regular Meeting of March 10, 2016)

(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

 

4.             2016-002479CND                                                                                     (W. FARRENS: (415) 575-9172)

1205 4^TH AVENUE - southwest corner of Lincoln Way and 4^th Avenue; Lot 001 in Assessor’s Block 1746 (District 5) - Request for Condominium Conversion Subdivision to convert a three-story, six-unit building into residential condominiums within a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve

 

5.            2016-001813CUA                                                                                         (C. CLARKE: (415) 575-9184)

1601 CASTRO STREET - between Clipper and 26^th Streets, Lot 024 in Assessor’s Block 6554 (District 8) - Request for Conditional Use Authorization pursuant to Planning Code Sections 186, 710.53, 728.53, and 303, to allow a change of use from a vacant 1,185 square-foot Retail tenant space (previously occupied by a Laundromat/Drycleaner) to a ‘Business or Professional Service Office’ Use (Graphic Design Studio d.b.a. Studio19.us) with an Accessory Retail Use (less than one-third of floor area) on the ground floor of a three-story-over-basement mixed-use building within a RH-2 (Residential House, Two Units) District and 40-X Height and Bulk District. This project was reviewed under the Community Business Priority Processing Program (CB3P). 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

 

C.         COMMISSION MATTERS

 

6.             Consideration of Adoption:

·         Draft Minutes for June 2, 2016

 

7.             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

 

8.            Director’s Announcements

9.            Streamlining Affordable Housing Proposals – Proposed Government Code Section 65913.3

10.          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.

 

11.     2015 HOUSING INVENTORY – Informational Presentation - ANNOUNCING THE PUBLICATION OF THE 2015 HOUSING INVENTORY - This report is the 46^th in the series and describes San Francisco’s housing supply.  Housing Inventory data accounts for new housing construction, demolitions, and alterations in a consistent format for analysis of housing production trends.  Net housing unit gains are reported citywide, by zoning classification, and by planning district.  Other areas covered include affordable housing production, condominium conversions, and changes to the residential hotel stock.  In addition, lists of major housing projects completed and approved for construction in 2015 are provided.  A list of affordable housing projects in the pipeline (projects in various stages of review or pre-construction planning) is included to provide a picture of likely housing construction activity in the near future.  Report is available for the public at the Planning Department and on the website.

Preliminary Recommendation: None - Informational

 

12.          2014-001711PCA                                                                                           (O. MASRY: (415) 575-9116)

WIRELESS TELECOMMUNICATIONS SERVICES FACILITIES – Planning Code Amendment to: 1) define Wireless Telecommunications Services (WTS) Facilities; 2) create distinct WTS Facility land use controls; 3) require a conditional use authorization (CU) for Macro WTS Facilities in most Article 2, 7 and 8 Districts; 4) regulate Micro WTS Facilities in all Districts; 5) require that a WTS Facility's CU shall expire after ten years; 6) regulate WTS Facilities in certain Mission Bay Districts and P Districts; 7) exempt certain telecommunications equipment accessory uses from height limitations; 8) allow screening elements for WTS Facilities to exceed height limits, consistent with existing height limit exemptions for antennas; 9) define and regulate Temporary WTS Facilities; 10) allow the Historic Preservation Commission to delegate determinations on applications for Administrative Certificates of Appropriateness and Minor Permits to Alter to Planning Department staff; 11) 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; and 12) Make Findings under Planning Code Section 302.                                                   

Preliminary Recommendation: Adopt a Recommendation for Approval

 

13.          2016-004042PCA                                                                                  (K. HADDADAN; (415) 575-9068)

CITYWIDE ACCESSORY DWELLING UNITS - Planning Code Amendment to allow the construction of Accessory Dwelling Units (ADUs, also known as Secondary or In-Law Units) on all lots in the City in areas that allow residential use; amending the Administrative Code to revise the definition of “rental unit” as it applies to ADUs; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; adopting findings under Planning Code, Section 302; and directing the Clerk to send a copy of this Ordinance to the California Department of Housing and Community Development after adoption.

Preliminary Recommendation: Adopt a Recommendation for Approval with Modifications

 

14.          2016-004077PCA                                                                                        (M. MOHAN:  (415) 575-9141)

DWELLING UNIT MIX OPTION IN LARGE BUILDINGS - Planning Code Amendment to add an additional option for the dwelling unit mix of large buildings in specified zoning districts to allow developers to have a mix of two- and three-bedroom units that results in at least 50% of the bedrooms being in units that have more than one bedroom; 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, and findings of public necessity, convenience, and welfare under Planning Code, Section 302.

Preliminary Recommendation: Adopt a Recommendation for Approval with Modifications

15a.        2013.1753PCA                                                                                                (T. CHANG: (415) 575-9197)

1066 MARKET STREET - north side of Market Street, east of Jones Street, south of Golden Gate; Lot 003 in Assessor’s Block 0350 – Planning Code Amendment to waive the Inclusionary Affordable Housing requirements set forth in Planning Code Section 415 et seq., exempting 21,422 square feet from the calculation of gross floor area pursuant to Planning Code Section 124 to allow the additional floor area, and exempting 21,422 square feet from Planning Code Sections 123 and 128 to reduce any required transferable development rights by such amount, for a project located at 1066 Market Street in San Francisco, in exchange for the dedication of certain real property to the San Francisco Mayor’s Office of Housing and Community Development at no cost; authorizing actions in furtherance of this ordinance; and adopting findings regarding the Final Mitigated Negative Declaration under the California Environmental Quality Act; making findings under Planning Code Section 302; and making findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1.

Preliminary Recommendation: None

 

15b.        2013.1753X                                                                                                      (T. CHANG: (415) 575-9197)

1066 MARKET STREET - north side of Market Street, east of Jones Street, south of Golden Gate; Lot 003 in Assessor’s Block 0350 - Request to modify a Downtown Project Authorization under Planning Code Section 309, approved on March 17, 2016, Motion No. 19593, to amend the Section 415 findings and conditions of approval for affordable housing and to allow land dedication instead. The associated Project includes the removal of an existing two-story, vacant retail space and at grade parking lot, and the new construction of a 12-story, 14-level, 120-foot-tall, 297,350 gross square foot, mixed use building, with 304 dwelling units, approximately 4,540 square-feet of ground-floor retail space, 102 off-street vehicular parking spaces and 322 (304 Class 1 and 18 Class 2) bicycle parking spaces. 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

 

16a.        2014.1201ENX                                                                                       (K. DURANDET (415) 575-6816) 2435-2445 16^TH STREET - south side of 16^th Street, between Florida and Bryant Streets, Lots 031 & 032 (formerly 021) in Assessor’s Block 3965 (Supervisorial District 9) - Request for Large Project Authorization (LPA) pursuant to Planning Code Section 329 to demolish a 10,000-square-foot (sf), one-story, 20-foot­tall auto repair and services shop and to construct of a seven-story, 68-foot­tall mixed-use building with 53 dwelling units and 5,961 ground floor PDR and commercial space and below grade parking within the UMU (Urban Mixed Use) Zoning and 68-X Bulk Districts. Under the LPA the project is seeking exceptions for required Rear Yard (Sec. 134), Permitted Obstructions (Sec. 136), Dwelling Unit Exposure (Sec. 140), and Street Frontages (Sec. 145). 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

 

16b.        2014.1201SHD                                                                                        (K. DURANDET: (415) 575-6816)

2435-2445 16^TH  STREET - south side of 16^th Street, between Florida and Bryant Streets, Lots 031 & 032 (formerly 021) in Assessor’s Block 3965 (Supervisorial District 9) - Adoption of Shadow Findings, pursuant to Planning Code Section 295, regarding the study that concluded the construction of a seven-story, 68-foot­tall mixed-use building (approximately 54,552 gsf) with 53 dwelling units, ground floor PDR and commercial space (approximately 5,961 gsf) and below grade parking (approximately 7,140 gsf) would not be adverse to the use of  Franklin Square, 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 68-X Height and Bulk District in the Mission Area Plan.

Preliminary Recommendation:  Adopt Findings

 

17.          2015-006857CUA                                                                                       (E. JACKSON: (415) 575-6383)

4529 18^TH STREET - south side of 18^th Street, between Douglass and Clover Streets, Lot 40 in Assessor’s  Block 2691 (District 8) - Request for Conditional Use Authorization to reactivate a discontinued limited commercial use per Planning Code Sections 186(g) and 303 within the RH-2 (Residential House, Two Units) District and 40-X Height and Bulk District.  The limited commercial use was terminated in 1965.  The Proposed Project also includes a three-story vertical addition on top of the existing single-story structure containing a single-family unit and the proposed commercial space, which is currently occupied by an interior designer showroom/office. 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

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.

 

18.          2015-003610DRP                                                                                              (N. TRAN: (415) 575-9174)

2181 9^TH AVENUE - west side of 9^th Avenue, between Mendosa and Mesa Avenues Lot 004 in Assessor’s Block 2860 (District 7)  - Request for Discretionary Review of Building Permit Application No. 2015.03.19.1328, proposing to construct a new two-story over two level basement single-family residence on a vacant lot located at 2181 9th Avenue. The proposed structure’s footprint will be approximately 4,345 gross square foot and includes excavation for the first two levels (basement), a new curb cut and associated landscaping. The project is within a RH-1(D) (Residential House, One-Family-Detached) 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:  Full Discretionary Review

Preliminary Recommendation: Do NOT Take Discretionary Review and Approve as Proposed

 

19.        2015-004434DRP                                                                                              (N. TRAN: (415) 575-9174)

3790-3792 21^st STREET - northeast corner of 21^st and Noe Streets; Lot 026A in Assessor’s Block 3604 (District 8) - Request for Discretionary Review of Building Permit Application No. 2015.04.10.3305, proposing a third story addition with roof deck, lightwell infill, basement excavation and exterior changes on the existing two-family dwelling which is located within a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

(Continued from Regular Meeting of April 28, 2016)

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation: Do NOT Take Discretionary Review and Approve as Proposed

(Continued from Regular Hearing of April 28, 2016)

 

20.          2015-002131DRP                                                                          (N. KWIATKOWSKA: (415) 575-9185)

11 SURREY STREET - south side between Diamond and Castro Streets; Lot 018 in Assessor’s Block 6741 - Request for Discretionary Review of Building Permit Application No. 2015.02.17.8442, proposing to construct a two-story horizontal addition at the rear of the existing two-story, single-family dwelling within a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation: Do NOT Take Discretionary Review and Approve as Proposed

 

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	DNX (B)	15 calendar days	Board of Appeals**
Conditional Use Authorization and Planned Unit Development	CUA (C)	30 calendar days	Board of Supervisors
Building Permit Application (Discretionary Review)	DRP/DRM (D)	15 calendar days	Board of Appeals
EIR Certification	ENV (E)	30 calendar days	Board of Supervisors
Coastal Zone Permit	PUB (P)	15 calendar days	Board of Appeals
Planning Code Amendments by Application	PCA (T)	30 calendar days	Board of Supervisors
Variance (Zoning Administrator action)	VAR (V)	10 calendar days	Board of Appeals
Permit Review in C-3 Districts, Downtown Residential Districts and Large Project Authorization in Eastern Neighborhoods	LPA (X)	15 calendar days	Board of Appeals
Zoning Map Change by Application	MAP (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.