May 8, 2014

ROLL CALL:                                                                         

                                            President:                                Cindy Wu

                                            Vice-President:                      Rodney Fong

                                            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.                   2011.0919C                                                                                                    (O. MASRY: (415) 575-9116)

1010 BUSH STREET - at the northwest corner of Bush and Jones Streets, Lot 007 in Assessor’s Block 0276 - Request for Conditional Use Authorization under Planning Code Sections 209.6(b) and 303 to allow a wireless telecommunications services (WTS) facility operated by AT&T Mobility.  The proposed macro WTS facility would feature nine (9) panel antennas on the roof of the existing four-story tall, mixed-use building. Three (3) of the antennas would be mounted behind two (2) new screening enclosures attached to the east facing wall of an existing rooftop penthouse. The remaining six (6) antennas would be mounted on the roof of the existing rooftop penthouse. Related electronic equipment would be located on the roof and in a basement room. The facility is proposed on a Location Preference 5 Site (Preferred Location; Mixed-Use Buildings in High Density Districts) within a RC-4 (Residential-Commercial, High Density) Zoning District, and 65-A 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.

(Proposed for Continuance to May 22, 2014)

 

2a.          2013.1355D                                                                                            (C. LAMORENA: (415) 575-9085)

3305 BRODERICK STREET - west side between Bay and Francisco Streets; Lot 008 in Assessor’s Block 0926 - Mandatory Discretionary Review, pursuant to Planning Code Section 317(d), of Demolition Permit Application No.  2013.07.30.3155, proposing to demolish a one-story over garage, single-family dwelling, 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: Do not take Discretionary Review and Approve

(Proposed for Continuance to May 22, 2014)

 

2b.          2014.0624D                                                                                            (C. LAMORENA: (415) 575-9085)

3305 BRODERICK STREET - west side between Bay and Francisco Streets; Lot 008 in Assessor’s Block 0926 - Mandatory Discretionary Review, pursuant to Planning Code Section 317(d), of Demolition Permit Application No.  2013.07.30.3152, proposing to construct a new three-story over garage, two-unit residential building, within a RH-3 (Residential, House, Three-Family) Zoning District and 40-X Height and Bulk District.

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Do not take Discretionary Review and Approve

(Proposed for Continuance to May 22, 2014)

 

3.                   2011.1311C                                                                                                    (O. MASRY: (415) 575-9116)

2495 GOLDEN GATE AVENUE - along the south side of Golden Gate Avenue (also addressed as 2130 Fulton Street), between Chabot Terrace and Parker Avenue, Lot 003 in Assessor’s Block 1145 - Request for Conditional Use Authorization under Planning Code Sections 209.6(b) and 303 to allow a wireless telecommunications services (WTS) facility operated by AT&T Mobility.  The proposed macro WTS facility would feature nine (9) panel antennas screened by an expansion to an existing, 81-foot tall, tower adjacent to a library. Related electronic equipment would be located in a mechanical penthouse on the roof of the library. The facility is proposed on a Location Preference 1 Site (Publicly-Used Structure, University of San Francisco Gleeson Library) within a RH-2 (Residential-House, Two Family) Zoning District, and a 80-D 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.

(Proposed for Indefinite Continuance)

 

4.                   2011.1310C                                                                                                    (O. MASRY: (415) 575-9116)

2350 TURK BOULEVARD - along the north side of Turk Boulevard, between Annapolis Terrace and Tamalpais Terrace, Lot 006 in Assessor’s Block 1107 - Request for Conditional Use Authorization under Planning Code Sections 209.6(b) and 303 to allow a wireless telecommunications services (WTS) facility operated by AT&T Mobility.  The proposed macro WTS facility would feature nine (9) panel antennas, and related electronic equipment, mounted to the roof of an existing four-story building. The facility is proposed on a Location Preference 1 Site (Publicly-Used Structure, University of San Francisco School of Education) within an RH-2 (Residential-House, Two Family) Zoning District, and a 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.

(Proposed for Indefinite Continuance)

 

B.         CONSENT CALENDAR

 

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

 

5.                   2013.1655C                                                                                                     (S. YOUNG: (415) 558-6346)

840 IRVING STREET - northeast corner of Irving Street and 10^th Avenue; Lot 026 in Assessor’s Block 1741 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 730.51 to convert an approximately 2,565 square-foot vacant ground floor commercial tenant space (previously occupied by Park’s Farmers Market) into a medical service use (d.b.a. One Medical Group, a member-supported primary care medical practice) located in a mixed-use building within the Inner Sunset Neighborhood Commercial District and a 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

 

 

 

C.            COMMISSION MATTERS

 

6.             Consideration of Adoption:

·         Draft Minutes for April 24, 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.

 

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

 

10.                                                                                                                                         (C. HAW: (415) 558-6618)

ACADEMY OF ART UNIVERSITY - Informational Update and Progress Report on the Academy of Art University (AAU) Enforcement Program. 

                Preliminary Recommendation: None - Informational                                                                        

 

11.                                                                                                                               (A. DESMUKE: (415) 575-9136)

2013 HOUSING INVENTORY REPORT - Announcing the publication of the 2013 Housing Inventory.  This report is the 44th in the series and describes San Francisco’s housing supply.  Housing Inventory data accounts for new housing construction, demolitions, and alterations in a consistent format for analysis of housing production trends.  Net housing unit gains are reported citywide, by zoning classification, and by planning district.  Other areas covered include affordable housing production, condominium conversions, and changes to the residential hotel stock.  In addition, lists of major housing projects completed and approved for construction in 2013 are provided.  A list of affordable housing projects in the pipeline (projects in various stages of review or pre-construction planning) is included to provide a picture of likely housing construction activity in the near future.  Report is available for the public at the Planning Department and on the website.

                Preliminary Recommendation: None - Informational                                                                                         http://www.sf-planning.org/ftp/files/publications_reports/Housing_Inventory_2013.pdf

 

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.

       

12.          2006.1308EMTZ                                                                                            (C. FLORES: (415) 558-6473)

INITIATE GENERAL PLAN AMENDMENTS AS PART OF THE VISITACION VALLEY/SCHLAGE LOCK PROJECT - Pursuant to Planning Code Section 302, Planning Commission consideration of a Resolution to Initiate amendments to the General Plan and schedule a public hearing to amend maps found in the Commerce and Industry, Transportation and Urban Design Elements as well as to the Land Use Index to reflect the Visitation Valley/Schlage Lock Special Use District.

Preliminary Recommendation: Adopt a Resolution to Initiate and schedule a public hearing

 

13.          2014.0442T                                                                                            (K. DEMARTINI: (415) 575-9118)

DEPARTMENT-SPONSORED PLANNING CODE AMENDMENTS RELATED TO ELIMINATING FEES - Pursuant to Planning Code Section 302, the Planning Commission consideration of a Resolution to amend the Planning Code to eliminate the Installment Agreement Processing Fee, Refund Processing Fee, Information Analysis Requests for IT Fee, and Reactivation Fee. Planning Code sections proposed for amendment include Sections 350b, 350d, 351d, and 351i.

Preliminary Recommendation: Adopt a Recommendation for Approval

 

14.          2013.1668T                                                                                                     (A. STARR: (415) 558-6362)

BONA FIDE EATING PLACE - Planning Commission consideration of an Ordinance [BF 131064] amending the Planning Code to expand the definition of “bona fide eating place” to include a definition based on food sales per occupant and modifying the definition of a Bar to include establishments with an ABC License Type 47 that are not Bona Fide Eating Places; 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 with Modifications

 

15.          2010.0710C                                                                                                 (E. JACKSON: (415) 558-6363)

777 VALENCIA STREET - east side between 18^th and 19^th Streets; Lots 088 and 108 in Assessor’s Block 3589  -  Public information hearing to review compliance of Conditions of Approval per Motion 18225. The original project, approved by the Planning Commission on November 18, 2010, was the conversion of an existing vacant two-story building to two new Full-Service Restaurant & Bar Establishments (dba The Chapel and The Vestry) on the ground floor, an Other Entertainment Establishment (dba Preservation Hall West at the Chapel Jazz Club) on the ground floor, accessory offices on the second floor, and an outdoor activity area on the adjacent vacant lot.  The project is located within the Valencia Street Neighborhood Commercial Transit District (Valencia NCT), 55-X Height and Bulk District, and Mission Alcoholic Beverage Special Use Subdistrict. 

                                               

16.          2014.0204C                                                                                                     (T. CHANG: (415) 575-9197)

4150 17TH STREET -  north side of 17^th Street at Eureka Street; Lot 168 in Assessor’s Block 2623 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.7, 303 and 304, to modify conditions of approval filed under motion 10755 and Case Number 1986.153C and to change the use of up to 23 parking spaces from private to community garage conditionally permitted under 209.7, associated with the Planned Unit Development within a RH-3 (Residential, House – Three-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve with Conditions

 

17.          2014.0125C                                                                                                      (K. BURNS: (415) 575-9112)

1118 POLK STREET - east side of Polk Street, between Hemlock and Post Streets; Lot 012 of Assessor’s Block 0692 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 703.4 and 303 to convert an approximately 1,100 square-foot vacant ground floor commercial tenant space (previously occupied by Super One Tobacco and Groceries Center) into a formula retail sales and service establishment (d.b.a. NutriShop) located in a mixed-use building within the Polk Street Neighborhood Commercial District and a 130-E Height and Bulk District.  The proposal will involve interior tenant improvements to the ground floor commercial tenant space, with no expansion of the existing building envelope. 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

 

18.          2013.0381C                                                                                                    (O. MASRY: (415) 575-9116)

540 SAN JUAN AVENUE - at the northeast corner of San Juan and San Jose Avenues, Lot 037 in Assessor’s Block 3152 - Request for Conditional Use Authorization under Planning Code Sections 209.6(b), and 303, to allow a wireless telecommunications services (WTS) facility operated by AT&T Mobility.  The proposed macro WTS facility would feature ten (10) panel antennas screened by faux rooftop mechanical penthouses. Related electronic equipment would be located on the roof and a portion of the existing parking lot. The facility is proposed on a Location Preference 1 Site (Preferred Location; Publicly-Used Structure, Korean Evangelical Church of San Francisco) 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 with Conditions

 

19a.        2014.0043C                                                                                            (C. LAMORENA: (415) 575-9085)

2055A UNION STREET - south side between Webster and Buchanan Streets; Lot 018 in Assessor’s Block 0541 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303(c), 303(i), and 725.43 to allow a Formula Retail Use that is also a Limited-Restaurant (d.b.a. Earthbar) within the Union Street NCD (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

 

 

 

19b.        2014.0160C                                                                                            (C. LAMORENA: (415) 575-9085)

2055B UNION STREET - south side between Webster and Buchanan Streets; Lot 018 in Assessor’s Block 0541 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 725.43 to allow a Limited-Restaurant (d.b.a. Espressamente Illy) within the Union Street NCD (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

 

G.            PUBLIC COMMENT

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

 

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

 

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

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

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

 

Adjournment

Hearing Procedures

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

 

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

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

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

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

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

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

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

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

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

 

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

 

Hearing Materials

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

 

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

 

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

 

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

 

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

 

Appeals

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

 

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

 

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

 

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

 

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

 

Challenges

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

 

CEQA Appeal Rights under Chapter 31 of the San Francisco Administrative Code

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

 

Protest of Fee or Exaction

You may protest any fee or exaction subject to Government Code Section 66000 imposed as a condition of approval in accordance with Government Code Section 66020.  The protest must satisfy the requirements of Government Code Section 66020(a) and must be filed within 90 days of the date of the first approval or conditional approval of the development referencing the challenged fee or exaction.  For purposes of Government Code Section 66020, the date of imposition of the fee shall be the date of the earliest discretionary approval by the City of the subject development.  

 

The Planning Commission’s approval or conditional approval of the development subject to the challenged fee or exaction as expressed in its Motion, Resolution, or Discretionary Review Action or the Zoning Administrator’s Variance Decision Letter will serve as Notice that the 90-day protest period under Government Code Section 66020 has begun.