ROLL CALL:                                                                         

 

                                            President:                                Rodney Fong

                                            Vice-President:                      Dennis Richards

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

                                                                                                Kathrin Moore; Cindy Wu

 

A.            CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

 

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

 

B.         CONSENT CALENDAR

 

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

 

1.             2016-006168CUAGPR                                                                                 (N. FOSTER: (415) 575-9167)

752 VALLEJO STREET - north side of Vallejo, between Stockton Street and Emery Lane, Lot 012 in Assessor’s Block 0130 (District 3) - Request for Conditional Use Authorization pursuant to Planning Code Section 722.83 and 303 to covert an existing, vacant tenant space on the ground floor of the subject building from Retail Sales and Services Use to Public Use. The subject tenant space would be utilized by the San Francisco Police Department (SFPD) for their Investigative Unit, which is currently located at the adjacent facility, Central Station, located at 766 Vallejo Street. Minor interior tenant improvements are proposed as part of the change of use, with no expansion of the existing building.  The subject property is located within the North Beach Neighborhood Commercial District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve with Conditions

 

2.             2016-002188CND                                                                                            (J. SPEIRS: (415) 575-9106)

172 - 174 LANGTON STREET - west side of Langton Street between Folsom and Harrison Streets; Lot 111 in Assessor’s Block 3755 (District 9) - Request for Condominium Conversion Subdivision to convert a three-story, six-unit building into residential condominiums within a RED (South Of Market Residential Enclave) 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

 

3.             2016-004186CND                                                                                     (W. FARRENS: (415) 575-9172)

360 LOCUST STREET - east side of Locus Street, between Sacramento and Clay Streets; Lot  016  in  Assessor’s Block 1010 (District 1) - Request for Condominium Conversion Subdivision to convert a three-story, six-unit building into residential condominiums within a RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

                Preliminary Recommendation:  Approve

 

4.             2016-002372CUA                                                                                     (W. FARRENS: (415) 575-9172)

559 DIVISADERO STREET - west side between Hayes and Fell Streets; Lot 002 in Assessor’s Block 1204 (District 5) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 746.27 to allow an extension of operating hours beyond 2:00 AM for an existing Restaurant (dba “Seniore’s Pizza”).  The proposal is to extend closing time from 2:00 AM to 4:00 AM.  The subject property is within the Divisadero Street NCT (Neighborhood Commercial Transit) Zoning District and 65-A Height and Bulk District.

Preliminary Recommendation: Approve with Conditions

 

5.             2015-004423DRP                                                                                            (A. PERRY: (415) 575-9017)

460 NOE STREET - west side of Noe Street, between Ford and 18^th Streets; Lot 010 in Assessor’s Block 3582 (District 8) - Request for Discretionary Review of Building Permit Application No. 2015.03.27.2091, proposing construction of a three-story horizontal rear addition to an existing, three-story, three-unit building. The three-story addition will extend out to the average rear yard line; beyond the required rear yard, the project proposes a one-story pop-out structure at the ground floor with roof deck above. The project also includes the addition of a one-car garage that will contain three bicycle parking spaces, and the addition of a raised slope roof along the northern side to match the slope of the existing roof along the southern side. The property is located within a RH-3 (Residential House, Three-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Take Discretionary Review and Approve with Modifications

                               

C.            COMMISSION MATTERS

 

6.             Consideration of Adoption:

·         Draft Minutes for July 28, 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.             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.

 

10.          2016-006221MAP                                                                                           (A. STARR: (415) 558-6362)

MIDTOWN TERRACE NEIGHBORHOOD REZONING - Zoning Map Amendment to rezone the Midtown Terrace Neighborhood from RH-1 to RH-1(D) and to rezone 70 Skyview Way from P to RH-1(D); 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 Resolution Recommending Approval

 

11.          2011.1356MTZ                                                                                         (S. WERTHEIM: (415) 558-6612)

CENTRAL SOMA PLAN - Informational Presentation - ANNOUNCING THE RELEASE OF THE REVISED PLAN AND IMPLEMENTATION STRATEGY - This presentation will be a high level overview of the revised Central SoMa Plan and accompanying Implementation Strategy, scheduled for publication on Planning’s website on August 11, 2016. This hearing is intended to start the conversation about these revised documents. Subsequently, Planning will hold additional community conversations about the content of the Plan, including further public hearings and community meetings. The Draft Environmental Impact Report on the proposed plan is expected to be published this fall. For more information, go to http://centralsoma.sfplanning.org.

Preliminary Recommendation: None – Informational

 

                12.          2014.0503ENX                                                                                           (E. JARDINES:  (415) 575-9144)

2600 HARRISON STREET - located on the west side of Harrison Street between 22^nd and 23^rd Streets, Lot 001 in Assessor’s Block 3639 (District 9) - Request for Large Project Authorization, pursuant to Planning Code Section 329, for demolition of an existing warehouse and new construction of a four-story mixed-use building (measuring approximately 26,845 gross square feet); measuring 39’-8” tall (exclusive of elevator and stair penthouses), 19 dwelling units, 1 PDR unit, 15 off-street parking spaces, 20 Class 1 bicycle parking spaces, and 3 Class 2 bicycle parking spaces. The project includes private and common open space and associated landscaping. Under the Large Project Authorization, the project is seeking exceptions to certain Planning Code requirements including: 1) street frontage active use and ground floor ceiling height (Planning Code Section 145.1); and 2) rear yard (Planning Code 134); and 3) dwelling unit exposure (Planning Code 140). The subject property is located within the UMU (Urban Mixed Use) Zoning District and a 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 July 7, 2016)

 

13.          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, dwelling unit exposure, ground floor frontage and off-street loading requirements pursuant to Planning Code Sections 134, 140, 145.1 and 152, 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: Approve with Conditions

                                (Continued from Regular Meeting of August 4, 2016)

 

14.          2015-010069CUA                                                                                            (J. SPEIRS: (415) 575-9106)

2441 MISSION STREET - east side of Mission Street, between 20^th and 21^st Streets, Lot 026 in Assessor’s Block 3610 (District 9) - Request for Conditional Use Authorization pursuant to Planning Code Section 186.1 and 303 to permit the expansion of an existing noncomplying use within a NCT Zoning District. The Project site is located within the NCT (Mission Street Neighborhood Commercial Transit) Zoning District and 55-X Height and Bulk District. The project proposes an internal expansion of an existing Medical Cannabis Dispensary (dba Shambala) within the 1-story building. The project would expand into the adjacent retail space at 2445 Mission Street. 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

 

                15.          2014-002834CUA                                                                                         (N. FOSTER: (415) 575-9167)

1452-1458 BROADWAY - north side of Broadway, between Larkin and Polk Streets, Lot 013 in Assessor’s Block 0572 (District 3) - Request for Conditional Use Authorization pursuant to Planning Code Section 253 and 303 to permit a building exceeding 50 feet within a RM-2 Zoning District. The Project site is located within a RM-2 (Residential-Mixed, Moderate Density) Zoning District and 65-A Height and Bulk District. The project proposes to convert an existing 2-story building with ground-floor parking and second-floor limited commercial uses into a 6-story building with 7 dwelling units. The project would retain 7 ground-floor parking spaces, add 7 Class I bicycle parking spaces, and provide private open space for each dwelling unit. The resulting height of the building would be approximately 62’ tall (excluding rooftop features). 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                          

G.            DISCRETIONARY REVIEW CALENDAR 

 

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

 

16.          2015-015721DRM                                                                                        (N. FOSTER: (415) 575-9167)

1276 MARKET STREET - north side of Market Street between Larkin/9th and Hyde/8th Streets; Lot 009 in Assessor’s Block 0355 (District 3) - Mandatory Discretionary Review pursuant to Planning Code Section 202 for the application to allow for a Medical Cannabis Dispensary (MCD) to operate at the subject property within the C-3-G (Downtown General Commercial) Zoning District and 80-X Height and Bulk District. The MCD would allow for on-site medication of medical cannabis (e.g. smoking, vaporizing, and consumption of medical cannabis edibles would be permitted at the subject property). In addition, both on-site sales of medical cannabis and/or medical cannabis edibles, and on-site cannabis cultivation (e.g. live marijuana plants would be kept on the premises for purposes of harvesting medical product) would be permitted at the subject property. 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:  Full Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and Approve with Conditions

 

17.          2015-013000DRP                                                                                     (W. FARRENS: (415) 575-9172)

630 9^TH AVENUE - east side between Balboa and Cabrillo Streets; Lot 025 in Assessor’s Block 1636 (District 1) - Request for Discretionary Review of Building Permit Application No. 2015.08.28.5544, proposing a full seismic upgrade at the basement floor and interior renovations.   Proposed exterior changes are limited to a small expansion of the basement floor into the existing lightwell. The property is located within a RH-2 (Residential House, Two-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis:  Full 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	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.