Planning Commission - December 7, 2017 - Agenda
SAN FRANCISCO
PLANNING COMMISSION
Notice of Hearing
&
Agenda
Commission Chambers Room 400,
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
Thursday, December 7, 2017
1:00 p.m.
Regular Hearing
Commissioners
Rich Hillis, President
Dennis Richards, Vice President
Rodney Fong, Christine Johnson, Kathrin Moore, Joel Koppel, Myrna Melgar
Commission Secretary
Jonas P. Ionin
|
Hearing Materials are available at: Commission Hearing Broadcasts: Know Your Rights Under the Sunshine Ordinance Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. Members of the public are not required to provide personal identifying information when they communicate with the Commission or the Department. All written or oral communications, including submitted personal contact information, may be made available to the public for inspection and copying upon request and may appear on the Department's website or in other public documents. For more information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact the Sunshine Ordinance Task Force at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 409; phone (415) 554-7724; fax (415) 554-7854; or e-mail at sotf@sfgov.org. Copies of the Sunshine Ordinance can be obtained from the Clerk of the Sunshine Task Force, the San Francisco Library and on the City's website at www.sfbos.org/sunshine. San Francisco Lobbyist Ordinance Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign and Governmental Conduct Code Section 21.00-2.160] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 25 Van Ness Avenue, Suite 220, San Francisco, CA 94102; phone (415) 252-3100; fax (415) 252-3112; and online http://www.sfgov.org/ethics. Accessible Meeting Information Commission hearings are held in Room 400 at City Hall, 1 Dr. Carlton B. Goodlett Place in San Francisco. City Hall is open to the public Monday through Friday from 8:00 a.m. to 8:00 p.m. and is accessible to persons using wheelchairs and other assistive mobility devices. Ramps are available at the Grove, Van Ness and McAllister entrances. A wheelchair lift is available at the Polk Street entrance. Transit: The nearest accessible BART station is Civic Center. Accessible MUNI Metro lines are the F, J, K, L, M, N, T (exit at Civic Center or Van Ness stations). MUNI bus routes also serving the area are the 5, 6, 9, 19, 21, 47, 49, 71, and 71L. For more information regarding MUNI accessible services, call (415) 701-4485 or call 311. Parking: Accessible parking is available at the Civic Center Underground Parking Garage (McAllister and Polk), and at the Performing Arts Parking Garage (Grove and Franklin). Accessible curbside parking spaces are located all around City Hall. Disability Accommodations: To request assistive listening devices, sign language interpreters, readers, large print agendas or other accommodations, please contact the Commission Secretary at (415) 558-6309, or commissions.secretary@fgov.org at least 48 hours in advance of the hearing. Allergies: In order to assist the City in accommodating persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, please refrain from wearing scented products (e.g. perfume and scented lotions) to Commission hearings. Language Assistance ENGLISH: To request an interpreter for a specific item during the hearing, please contact the Commission Secretary at (415) 558-6309, or commissions.secretary@fgov.org at least 48 hours in advance of the hearing. SPANISH: Si desea asistir a la audiencia, y quisiera obtener información en Español o solicitar un aparato para asistencia auditiva, llame al 415-558-6309. Por favor llame por lo menos 48 horas de anticipación a la audiencia. TAGALOG: Para sa tulong sa lengguwahe o para humiling ng Pantulong na Kagamitan para sa Pagdinig (headset), mangyari lamang na tumawag sa 415-558-6309. Mangyaring tumawag nang maaga (kung maaari ay 48 oras) bago sa araw ng Pagdinig. RUSSIAN: За помощью переводчика или за вспомогательным слуховым устройством на время слушаний обращайтесь по номеру 415-558-6309. Запросы должны делаться минимум за 48 часов до начала слушания. |
ROLL CALL
| President: | Rich Hillis |
| Vice-President: | Dennis Richards |
| Commissioners: | Rodney Fong, Christine Johnson, Kathrin Moore, Joel Koppel, Myrna Melgar |
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. 2014-003160CUA (D. VU: (415) 575-9120)
3314 CESAR CHAVEZ STREET – north side between Mission Street and South Van Ness Avenue - Lot 012 in Assessor’s Block 6571 (District 9) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 121.1 and 303 for the demolition of an existing 13,000 sq. ft. light industrial building and construction of a 65-ft. tall, six-story and 49,475 sq. ft. mixed-use building that includes approximately 11,430 sq. ft. of ground floor commercial retail and 48,365 sq. ft. of residential use for 58 dwelling units. The proposed project would also include a total 9,020 sq. ft. of private and common residential open space, 62 Class 1 bicycle parking spaces, and an approximately 6,300 sq. ft. basement-level garage for 27 accessory automobile and 1 car-share parking spaces. The subject properties are located within the Mission Street Neighborhood Commercial Transit (NCT) Zoning District and 65-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).
Preliminary Recommendation: Approve with Conditions
(Continued from Regular Meeting of October 12, 2017)
(Proposed Continuance to January 18, 2018)2. 2016-005805CUA (G. PANTOJA: (415) 575-8747)
430 BROADWAY ST – between Kearny and Montgomery Streets, Lot 009 in Assessor’s Block 0144 (District 3) - Request a Conditional Use Authorization pursuant to Planning Code Sections 714 and 303, to authorize a Restaurant Use (d.b.a. Fondue Chinoise) at an existing 1,850 square-foot tenant space at the ground floor of an existing four-story mixed-use building, previously occupied by a Limited- Restaurant (The Helmand), within the Broadway Neighborhood Commercial (NCD) Zoning District and 65-A 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
WITHDRAWN3. 2015-005763CUA (B. BENDIX: (415) 575-9114)
247 17TH AVENUE – west side, between California and Clement Streets, Lot 009 in Assessor’s Block 1416 (District 1) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 317 to demolish a two-family dwelling through a major alteration within a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District. The proposal includes renovation of the front façade and vertical and horizontal additions. The resulting building will contain two dwelling units. 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 September 28, 2017)
(Proposed for Continuance Indefinitely)
B. COMMISSION MATTERS
4. Commission Comments/Questions
- Inquiries/Announcements. Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).
- Future Meetings/Agendas. At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.
C. DEPARTMENT MATTERS
5. Director's Announcements
6. Review of Past Events at the Board of Supervisors, Board of Appeals and Historic Preservation Commission
D. GENERAL PUBLIC COMMENT – 15 MINUTES
At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting. Each member of the public may address the Commission for up to three minutes.
E. REGULAR CALENDAR
The Commission Hearing Procedures provide for presentations by staff; followed by the project sponsor team; followed by public comment for and against the proposal. Please be advised that the project sponsor team includes: the sponsor(s) or their designee, lawyers, architects, engineers, expediters, and/or other advisors.
7. 2016-003164CWP (L. CHEN: (415) 575-9124)
2017 HEALTH CARE SERVICES MASTER PLAN – Informational Presentation on the 2017 update to the 2013 Health Care Services Master Plan (HCSMP), pursuant to Planning Code Section 342. The HCSMP identifies current and long-range needs for health care services in San Francisco and is intended to improve access to care, particularly for San Francisco’s vulnerable populations. As part of the 2017 HCSMP update, supporting legislation will also be proposed concurrently with Plan adoption.
Preliminary Recommendation: None - Informational8. (B. BENDIX: (415) 575-9114)
RESIDENTIAL EXPANSION REVIEW - A CLEAR PROCESS FOR ALTERATIONS AND DEMOLITIONS - This item will be an Informational Presentation on the Department’s proposal to eliminate the existing tantamount to demolition controls in Planning Code Section 317 and to establish a new policy and process that requires Planning Commission review for projects in RH districts that exceed specific Floor Area Ratio (FAR) thresholds. This is an informational item only, no Commission action is required at this time. For more information and to review the presentation to the Commission after this hearing, please visit our website at –www.sf-planning.org/residential-expansion-threshold; Feedback on this proposal may be sent to CPC.RET@sfgov.org
Preliminary Recommendation: None - Informational9. 2017-010001IMP (A. PERRY: (415) 575-9017)
MULTIPLE PROPERTIES OWNED OR LEASED BY GOLDEN GATE UNIVERSITY (GGU) LOCATED IN THE CITY AND COUNTY OF SAN FRANCISCO – Notification by the Zoning Administrator of the filing of an Institutional Master Plan (IMP) for Golden Gate University. Pursuant to Planning Code Section 304.5, the Planning Commission must hold a public hearing upon receiving a current IMP. This public hearing is for receipt of public testimony only. Receipt of this IMP does not constitute approval or disapproval of any proposed projects contained in the IMP by the Planning Commission. The IMP contains information on the nature and history of the institution, the location and use of affiliated buildings, and institutions’ development plans. The IMP is available for viewing on the Planning Department’s website at: http://www.sfplanning.org, click on “Resource Center”, then “Department Publications A-Z”, then scroll to “I” for Institutional Master Plans. The IMP is also available for public viewing at the Planning Department’s Public Information Center located at 1660 Mission Street, 1st Floor, and at the Department’s reception area located at 1650 Mission Street, 4th Floor.
Preliminary Recommendation: None – Informational10. 2017-008461CUA (D. WEISSGLASS: (415) 575-9177)
2358 FILLMORE STREET – southeast corner of Fillmore and Washington Streets; Lot 022 in Assessor’s Block 0612 (District 2) – Request for Conditional Use Authorization to allow the establishment of a Liquor Store (dba “Verve Wine”) in a ground floor retail space of a 2-story commercial building in the Upper Fillmore Neighborhood Commercial District and a 40-X Height and Bulk District. The location will offer wine and spirits for off-site consumption as well as limited on-site instructional tastings. Minor tenant improvements are proposed as a part of the project. 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 October 19, 2017)11. 2017-005533CUA (C. CAMPBELL: (415) 575-8732)
4068 18TH STREET – north side of 18th Street, between Castro and Hartford Streets, Lot 053 in Assessor’s Block 3582 (District 8) - Request a Conditional Use Authorization pursuant to Planning Code Sections 303 and 715, to authorize Accessory Brewery Activities (ABC Type 75 License “Brewpub”) within a conditionally established Restaurant Use (D.B. A. Lark, 2002.1105C, Motion 16670) within the Castro Street Neighborhood Commercial District and 40‐X Height and Bulk District. An ABC Type 75 License authorizes the sale of beer, wine and distilled spirits for consumption on a Bona Fide Eating Place plus a limited amount of brewing of beer. Minor interior tenant improvements are proposed as part of the project, with no expansion of the existing building. 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
F. DISCRETIONARY REVIEW CALENDAR
The Commission Discretionary Review Hearing Procedures provide for presentations by staff; followed by the DR requestor team; followed by public comment opposed to the project; followed by the project sponsor team; followed by public comment in support of the project. Please be advised that the DR requestor and project sponsor teams include: the DR requestor and sponsor or their designee, lawyers, architects, engineers, expediters, and/or other advisors.
12. 2015-018225DRP (S. JIMENEZ: (415) 575-9187)
171 JUDSON AVENUE – south side between Edna Street and Circular Avenue; Lot 032 in Assessor’s Block 3182 (District 7) - Request for Discretionary Review of Building Permit Application No. 2015.11.09.2182, proposing to alter an existing two-story, single family residence by legalizing and constructing a rear horizontal addition at the first and second floors and a third story vertical addition located within a RH-1 (Residential, 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 San Francisco Administrative Code Section 31.04(h).
Staff Analysis: Abbreviated Discretionary Review
Preliminary Recommendation: Do Not Take Discretionary Review and Approve
(Continued from Regular Meeting of November 16, 2017)13. 2016-012108DRP (C. MAY: (415) 575-9087)
583 47TH AVENUE – west side of 47th Avenue between Geary Boulevard and Anza Street; Lot 016E in Assessor’s Block 1497 (District 1) - Request for Discretionary Review of Building Permit Application No. 2015.10.22.0473, proposing to construct a one-story, 3rd floor vertical addition above the existing two-story, single-family dwelling, a roof deck above the proposed new 3rd floor, as well as front and rear roof decks above the existing 2nd floor within a RH-1 (Residential House, One-Family) 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).
Staff Analysis: Full Discretionary Review
Preliminary Recommendation: Take Discretionary Review and Approve with Modifications14. 2017-005643DRP (S. VELLVE: (415) 558-6263)
1709 BRODERICK STREET – west side of Broderick Street between Bush and Pine Streets; Lot 007 in Assessor’s Block 1048 (District 2) - Request for Discretionary Review of Building Permit Application No. 2016.12.23.5878, proposing to construct a 2-story bay window on the south side of the subject building, internal modifications, one roof deck and one rear deck within a RH-2 (Residential House, Two-Family) 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).
Staff Analysis: Full Discretionary Review
Preliminary Recommendation: Recommend to the Board of Appeals that modifications be required
ADJOURNMENT
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.
- 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:
- A thorough description of the issue(s) by the Director or a member of the staff.
- 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.
- 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.
- Public testimony from proponents of the proposal: An individual may speak for a period not to exceed three (3) minutes.
- Public testimony from opponents of the proposal: An individual may speak for a period not to exceed three (3) minutes.
- Director's preliminary recommendation must be prepared in writing.
- Action by the Commission on the matter before it.
- In public hearings on Draft Environmental Impact Reports, all speakers will be limited to a period not to exceed three (3) minutes.
- 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.
- Public comment portion of the hearing shall be closed and deliberation amongst the Commissioners shall be opened by the Chair;
- 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:
- A thorough description of the issue by the Director or a member of the staff.
- 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.
- Testimony by members of the public in support of the DR would be up to three (3) minutes each.
- 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.
- Testimony by members of the public in support of the project would be up to three (3) minutes each.
- DR requestor(s) or their designees are given two (2) minutes for rebuttal.
- Project sponsor(s) or their designees are given two (2) minutes for rebuttal.
- 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 |
OFA (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 |
CTZ (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 |
|
Large Project Authorization in Eastern Neighborhoods |
LPA (X) |
15 calendar days |
Board of Appeals |
|
Permit Review in C-3 Districts, Downtown Residential Districts |
DNX (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.
An appeal of the approval (or denial) of a 100% Affordable Housing Bonus Program application may be made to the Board of Supervisors within 30 calendar days after the date of action by the Planning Commission pursuant to the provisions of Sections 328(g)(5) and 308.1(b). Appeals must be submitted in person at the Board's office at 1 Dr. Carlton B. Goodlett Place, Room 244. For further information about appeals to the Board of Supervisors, including current fees, contact the Clerk of the Board of Supervisors at (415) 554-5184.
An appeal of the approval (or denial) of a building permit application issued (or denied) pursuant to a 100% Affordable Housing Bonus Program application by the Planning Commission or the Board of Supervisors may be made to the Board of Appeals within 15 calendar days after the building permit is issued (or denied) by the Director of the Department of Building Inspection. Appeals must be submitted in person at the Board's office at 1650 Mission Street, 3rd Floor, Room 304. For further information about appeals to the Board of Appeals, including current fees, contact the Board of Appeals at (415) 575-6880.
Pursuant to California Government Code Section 65009, if you challenge, in court, the decision of an entitlement or permit, the issues raised shall be limited to those raised in the public hearing or in written correspondence delivered to the Planning Commission prior to, or at, the public hearing.
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.