January 23, 2014

ROLL CALL:                                                                         

                                            President:                                Rodney Fong

            Vice-President:                      Cindy Wu

                                            Commissioners:                    Michael J. Antonini; Gwyneth Borden; Rich Hillis;

                                                                                                Kathrin Moore; Hisashi Sugaya

 

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.                   2013.0401C                                                                                                   (K. CONNER: (415) 575-6914)

875 and 901 CALIFORNIA STREET - south side between Powell and Stockton Streets and at the southwest corner of the intersection of Powell and California Streets; Lot 017 in Assessor’s Block 0256 and Lot 001 in Assessor’s Block 0255 respectively - Request for Conditional Use Authorization, pursuant to Planning Code Sections 178, 303 and 304, to modify conditions of approval of a Planned Unit Development (PUD) located at 901 California Street (d.b.a Stanford Court Hotel) within the RM-4 (Residential, Mixed, High Density) Zoning District, the Nob Hill Special Use District, and 65-A and 320-E Height and Bulk District.  Motion 6241 permitted a hotel with incidental commercial uses and professional offices and conditioned that 100 parking spaces be provided within an existing garage located at 875 California Street, converting it entirely to parking for the hotel.  The Project Sponsor is asking for a modification under Planning Code Section 304 to reduce the parking provided for the hotel to seven spaces, providing it in the hotel’s existing porte cochere. A separate Conditional Use Authorization application, 2013.1130C, is being sought to reclassify the garage at 875 California Street as a community parking garage use.  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.

(Proposed for Continuance to February 6, 2014)

 

2.                   2013.1130C                                                                                                  (K. CONNER: (415) 575-6914)

875 CALIFORNIA STREET - south side between Powell and Stockton Streets; Lot 017 in Assessor’s Block 0256 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.7 (a) and 303, to operate a community garage within the RM-4 (Residential, Mixed, High Density) Zoning District, the Nob Hill Special Use District, and 65-A Height and Bulk District.  The current use of the building is a garage associated with the Stanford Court Hotel.  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.

(Proposed for Continuance to February 6, 2014)

 

3.             2011.1146C                                                                                                    (O. MASRY: (415) 575-9116)

1701 HAIGHT STREET - at the southwest corner of Haight and Cole Streets, Lot 001 in Assessor’s Block 1248 - Request for Conditional Use Authorization under Planning Code Sections 719.83 and 303 to develop a Wireless Telecommunication Services (WTS) Facility for AT&T Mobility.  The proposed macro WTS facility would feature (12) roof-mounted panel antennas housed within individual faux vent pipes. Related electronic equipment would be located on the roof and in the basement. The facility is proposed on a Location Preference 6 Site (Limited Preference, Individual Neighborhood Commercial District) within the Haight Street 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

(Continued from Regular Meeting of January 16, 2014)

(Proposed for Continuance to February 20, 2014)

 

4.             2013.1166T                                                                                              (S. HAYWARD: (415) 558-6372)

AMENDMENT TO THE PLANNING CODE SECTIONS 303(I) (FORMULA RETAIL USES) 703.3 (NEIGHBORHOOD COMMERCIAL DISTRICTS: FORMULA RETAIL USES) [BOARD FILE NO. 130788] - Ordinance introduced by Supervisor Mar to expand the definition of formula retail to include businesses that have eleven or more other outlets worldwide, and to included businesses 50% or more owned by formula retail businesses; expand the notification procedures for formula retail applications; require an economic impact report as part of the formula retail conditional use application; and adopting findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of January 9, 2014)

(Proposed for Continuance to February 27, 2014)

 

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

5.             2013.1728Q                                                                                                    (K. BURNS:  (415) 575-9112)

1940-1944 MASON STREET - east side of Mason Street between Greenwich Street and Filbert Street; Lot 018 in Assessor’s Block 0090 - Request for Condominium Conversion Subdivision to convert a three-story, five-unit building into residential condominiums within a RM-2 (Residential-Mixed, Moderate Density) Zoning District and 40-X Height and Bulk District.  This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code. 

Preliminary Recommendation: Approve

 

6.             2013.1331C                                                                                                     (K. BURNS:  (415) 575-9112)

435 JACKSON STREET - south side, between Sansome Street and Hotaling Place, Lot 027 in Assessor’s Block 0196 - Request for Conditional Use Authorization pursuant to Planning Code Sections 249.25 and 303, to allow a change of use from retail use to office use.  The subject property is within a C-2 (Community Business) District and 65-A Height and Bulk District, the Jackson Square Special Use District and the Jackson Square Historic 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

 

7.             2013.1040CE                                                                                                (M. WOODS: (415) 558-6315)

3065 JACKSON STREET (MAIN CAMPUS) and 3150 WASHINGTON STREET - a through lot between Lyon and Baker Streets, Lot 034 in Assessor’s Block 0982; 3185 WASHINGTON STREET, south side between Lyon and Baker Streets, Lot 026 in Assessor’s Block 0999; and 3220 SACRAMENTO STREET, north side between Presidio Avenue and Lyon Street, Lot 008 in Assessor’s Block 1007 - Request for Conditional Use Authorization pursuant to Planning Code Sections 178, 209.3(h), 303 and 724.81 to modify conditions of approval under Planning Commission Motion Numbers 13578 and 17102 for an existing institutional/educational facility (San Francisco University High School) with campuses in the Pacific Heights neighborhood. The University High School is seeking an approximately five percent increase in student enrollment from 389 to 410 students.  All other conditions related to the operation of the school would remain in effect. No physical expansion is proposed. 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

 

C.         COMMISSION MATTERS

 

8.             Consideration of Adoption:

·         Draft Minutes for January 9, 2014

 

Adoption of Commission Minutes – Charter Section 4.104 requires all commissioners to vote yes or no on all matters unless that commissioner is excused by a vote of the Commission.  Commissioners may not be automatically excluded from a vote on the minutes because they did not attend the meeting.

 

9.             Commission Comments/Questions

·         Inquiries/Announcements.  Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).

·         Future Meetings/Agendas.  At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.

 

D.         DEPARTMENT MATTERS

 

10.          Director’s Announcements

               

11.          Review of Past Week’s 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.  However, for items where public comment is closed this is your opportunity to address the Commission.  With respect to all other 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 

 

12.                                                                                                                                    (C. FLORES: (415) 558-6473)

PUBLIC SITES FRAMEWORK - Informational Presentation - Planning staff and Office of Economic and Workforce Development staff will present an overview of a new inter-agency strategy to coordinate potential development of selected public sites.

Preliminary Recommendation: None – No Action Required

 

13.                                                                                                                                      (K. McGEE: (415) 558-6367)

ECO-DISTRICTS - Informational Presentation - A year ago, Planning Department Staff introduced the Sustainable Development Program in an informational hearing to the Planning Commission. The Program’s primary goal is to meet the City’s environmental objectives through our work with the built environment. While this Program continues to grow, the purpose of this informational presentation is to update the Commission on Eco-District work in particular. Eco-Districts remain a key strategy within the Sustainable Development Program. The presentation will discuss progress made over the last year and outline future needs for further development.

Preliminary Recommendation: None – No Action Required

 

14.          2013. 0936U                                                                                            (S. HAYWARD: (415) 558-6372)

FORMULA RETAIL CONTROLS TODAY AND TOMORROW - Informational Presentation - an update to the Commission on the economic study commissioned by the Planning Department focused on analyzing economic and land use impacts of formula retail establishments and controls on San Francisco’s neighborhoods.  This item was first heard by the Commission on July 25, 2013.  After the July hearing, the Department released a draft Request for Proposals to the public for comment, and has contracted with Strategic Economics to conduct the study.  Staff will present preliminary draft results and a draft timeline of project deliverables, opportunities for public participation, and Planning Commission hearings to report results.

Preliminary Recommendation: None – No Action Required

                                                               

15.          2007.1275E                                                                                                        (S. SMITH: (415) 558-6373)

SAN FRANCISCO 2004 AND 2009 HOUSING ELEMENT - Public Hearing on revised sections of the Draft Environmental Impact Report -  The Housing Element is a policy document that consists of goals and policies to guide the City and private and non-profit developers in providing housing for existing and future residents to meet projected housing demand. The Environmental Impact Report for the 2004 and 2009 Housing Element was certified on June 21, 2011, and the Board of Supervisors adopted the Housing Element under Ordinance 108-11 as the Housing Element of the General Plan. Pursuant to a recent court order regarding the 2004 and 2009 Housing Element EIR, the Planning Department has revised Chapter VII Alternatives, and has recirculated the partially revised EIR for public review.

Preliminary Recommendation: None – No Action Required

NOTE: Written comments will be accepted at the Planning Department’s offices until the

close of business on February 3, 2014. 

 

16.          2013.1663ZM                                                                                                 (A. STARR:  (415) 558-6362)

AMENDMENTS TO THE ZONING MAP AND MAP 1 OF DOWNTOWN AREA PLAN, FOR 133-135 GOLDEN GATE AVENUE (APN 0349/12 & 13) [BOARD FILE NO. 130999] -  Proposed Ordinance amending Zoning Map ZN01 and Map 1 of the Downtown Area Plan, to rezone the subject parcel from RC-4 to C-3-G in order to provide for eligibility to sell transferable development rights for property at 133-135 Golden Gate Avenue (St. Boniface Church and Rectory); and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. 

Preliminary Recommendation: Adopt a Recommendation for Approval

 

17.          2011.0544C                                                                                                    (O. MASRY: (415) 575-9116)

1700 UNION STREET - at the northwest corner of Union and Gough Street, Lot 002A in Assessor’s Block 0529 - Request for Conditional Use Authorization under Planning Code Sections 725.83 and 303 for a wireless telecommunications services (WTS) facility operated by AT&T Mobility.  The proposed macro WTS facility would consist of three panel antennas and related electronic equipment. Two antennas would be façade mounted and screened with a fiberglass panel painted to match the building. The third antenna would be housed in a faux roof vent. Electronic equipment would be roof mounted and screened from view.  The facility is proposed at a Location Preference 6 Site (Individual Neighborhood Commercial District) within the Union Street Neighborhood Commercial Zoning, 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

(Continued from Regular Meeting of November 7, 2013)

NOTE: On September 19, 2013, following public hearing and closing public comment, the Commission indicated their concern regarding the proposed design and continued the matter to October 3, 2013, by a vote (+7 -0).

NOTE: On October 17, 2013, after adopting a Motion of Intent to Disapprove by a vote of +4 -3 (Borden, Sugaya, Fong against); the Commission continued the matter to November 7, 2013 by a vote of +5 -2 (Sugaya, Fong against).

NOTE: On November 7, 2013, after being pulled off of Consent; the Project Sponsor requested the item be continued; a motion to Disapprove was superseded by a motion to continue; and the matter was Continued to January 23, 2014 by a vote of +4 -3 (Hillis, Moore, Sugaya against).

 

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.          2013.1036D                                                                                                            (S. LAI: (415) 575-9067)

2430 VALLEJO STREET - north side between Steiner and Pierce Streets; Lot 038 in Assessor’s Block 0559 - Request for Discretionary Review of Building Permit Application No. 2013.04.11.4277 proposing to construct horizontal and vertical expansions to the four-story, single-family home, within a RH-2 (Residential, 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:  Abbreviated Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

 

 

19a.        2012.0818DDDDDDDV                                                                                (M. Smith: (415) 558-6322)

4546 19^th STREET - south side between Douglass Street and Lamson Lane; Lot 012 in Assessor's Block 2700 - Request for Discretionary Review of Building Permit Application No. 2012.06.25.3387 proposing to significantly alter the building’s exterior elevations, add a second dwelling unit, add a one-story vertical addition, develop the top of the rear garage with roof deck open space, and add a rear horizontal addition that would connect the residential building to the existing detached garage at the rear of the lot.  The subject property is located 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 Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Abbreviated Discretionary Review

Preliminary Recommendation: Do not take Discretionary Review and Approve

 

19b.        2012.0818DDDDDDDV                                                                               (M. Smith: (415) 558-6322)

4546 19^th STREET - south side between Douglass Street and Lamson Lane; Lot 012 in Assessor's Block 2700 - Request for a Rear Yard Variance, pursuant to Planning Code Section 134 to construct a horizontal addition at the rear of the building that would connect the dwelling at the front of the lot to the existing detached garage at the rear of the lot.  The subject property is located within a RH-2 (Residential, House, Two-Family) District and 40-X Height and Bulk District.

 

 

H.         PUBLIC COMMENT

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

 

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

 

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

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

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

 

Adjournment

Hearing Procedures

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

 

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

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

 

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

 

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

 

1. A thorough description of the issue(s) by the Director or a member of the staff.
2. A presentation of the proposal by the Project Sponsor(s) team (includes sponsor or their designee, lawyers, architects, engineers, expediters, and/or other advisors) would be for a period not to exceed 10 minutes, unless a written request for extension not to exceed a total presentation time of 15 minutes is received at least 72 hours in advance of the hearing, through the Commission Secretary, and granted by the President or Chair.
3. A presentation of opposition to the proposal by organized opposition for a period not to exceed 10 minutes (or a period equal to that provided to the project sponsor team) with a minimum of three (3) speakers.  The intent of the 10 min block of time provided to organized opposition is to reduce the number of overall speakers who are part of the organized opposition.  The requestor should advise the group that the Commission would expect the organized presentation to represent their testimony, if granted.  Organized opposition will be recognized only upon written application at least 72 hours in advance of the hearing, through the Commission Secretary, the President or Chair.  Such application should identify the organization(s) and speakers.
4. Public testimony from proponents of the proposal:  An individual may speak for a period not to exceed three (3) minutes.
5. Public testimony from opponents of the proposal:  An individual may speak for a period not to exceed three (3) minutes.
6. Director’s preliminary recommendation must be prepared in writing.
7. Action by the Commission on the matter before it.
8. In public hearings on Draft Environmental Impact Reports, all speakers will be limited to a period not to exceed three (3) minutes.

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

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

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

 

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

 

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

 

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

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

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

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

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

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

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

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

 

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

 

Hearing Materials

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

 

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

 

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

 

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

 

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

 

Appeals

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

 

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

 

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

 

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

 

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

 

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

 

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