May 22, 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.

Preliminary Recommendation:  Approve with Conditions

(Continued from Regular Meeting of May 8, 2014)

                                (Proposed for Continuance to June 12, 2014)

 

2a.          2010.0931DDD                                                                                        (G. CABREROS: (415) 558-6169)

2825 LAKE STREET south side between 29^th and 30^th Avenues; Lot 001A in Assessor’s Block 1389 - Requests for Discretionary Review of Building Permit Application No. 2010.10.08.2618 proposing construction of a new third floor and a horizontal addition at the rear of the two-story single-family house and a new second floor above the garage structure within a RH-1(D) (Residential, House, One-Family, Detached) Zoning District and 40-X Height and Bulk District.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Pending

(Proposed for Continuance to June 19, 2014)

 

2b.          2010.0931V                                                                                              (G. CABREROS: (415) 558-6169)

2825 LAKE STREET – south side between 29^th and 30^th Avenues; Lot 001A in Assessor’s Block 1389 - Rear Yard and Side Yard Variances sought:  The project proposes construction of a new third floor and a horizontal addition at the rear of the two-story single-family house and a new second floor above the garage structure within a RH-1(D) (Residential, House, One-Family, Detached) Zoning District and 40-X Height and Bulk District. PLANNING CODE SECTION 134 requires a rear yard depth equivalent to 25 percent of the lot depth. The project requires an approximately 19 foot rear yard at the lot’s greatest depth. As the existing house and garage structure are within the required rear yard, any expansion of these structures would require a rear yard variance.  PLANNING CODE SECTION 133 requires two 5-foot side yards for the property. The existing garage structure is constructed into the western required side yard, and the vertical expansion of the garage structure would require a side yard variance, in addition to the rear yard variance referenced above.

(Proposed for Continuance to June 19, 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

 

3.                   2014.0305C                                                                                                    (O. MASRY: (415) 575-9116)

2001 SACRAMENTO STREET - at the southwest corner of Sacramento and Gough Streets, Lot 019 in Assessor’s Block 0640 - 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 six (6) panel antennas on the roof of the existing five-story tall, residential building. Three (3) of the antennas would be flush-mounted to the northern face of an existing rooftop elevator penthouse. The three (3) remaining antennas would be mounted in a freestanding location at the southeastern corner of the roof. Related electronic equipment would be located within an existing rooftop mechanical room. The facility is proposed on a Location Preference 7 Site (Disfavored Site) within a RM-3 (Residential-Mixed, Medium Density) 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

 

C.         COMMISSION MATTERS

 

4.             Consideration of Adoption:

·         Draft Minutes for May 8, 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.

 

5.             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

 

6.             Director’s Announcements

               

7.             Review of Past Events at the Board of Supervisors, Board of Appeals and Historic Preservation Commission

 

E.         GENERAL PUBLIC COMMENT – 15 MINUTES

 

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items.  With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting.  Each member of the public may address the Commission for up to three minutes.

 

F.            REGULAR CALENDAR 

 

The Commission Hearing Procedures provide for presentations by staff; followed by the project sponsor team; followed by public comment for and against the proposal.  Please be advised that the project sponsor team includes: the sponsor(s) or their designee, lawyers, architects, engineers, expediters, and/or other advisors.

 

8.                                                                                                                                         (A. SMITH: (415) 575-9131)

19^TH AVENUE TRANSIT STUDY – Informational Presentation of the 19^th Avenue Transit Study (Study) by San Francisco County Transportation Authority staff. The Study builds on recent planning efforts to develop plans for a west-side grade-separated (i.e. partial subway or bridge crossings of 19th Avenue) alignment of the M-Ocean View as it traverses the neighborhoods surrounding 19th Avenue in Southwest San Francisco. The purpose of the Study is to define conceptual alternatives and assess their feasibility, benefits, and impacts.

Preliminary Recommendation: None – Informational

 

                9.             2007.0550U                                                                                                     (A. SMITH: (415) 575-9131)

350 8^th STREET IN-KIND AGREEMENT - Approving an impact fee waiver for 350 8^th Street in the amount of $1.8 million to provide streetscape improvements on Ringold Street between 8^th and 9^th Streets -  Street improvements will include pedestrian lighting, bicycle parking, repaving, and landscape improvements based on the completion of an In-Kind Agreement between the Project Sponsor and the City; making environmental finding and findings of consistency with the General Plan and the eight priority policies of the Planning Code Section 101. These improvements were identified in the Western SoMa Community Plan and the Western SoMA Neighborhood Transportation Plan and would be provided to satisfy a portion of project's impacts fees, subject to the Eastern Neighborhoods Area Plan.

Preliminary Recommendation: Approve

 

10.          2013.0963UT                                                                                                   (K. BURNS: (415) 575-9112)
INTENTION TO INITIATE DEPARTMENT-SPONSORED PLANNING CODE AMENDMENTS RELATED TO FORMULA RETAIL AND LARGE-SCALE COMMERCIAL USES AND ADOPT A RESOLUTION OF INTENT TO CONSIDER ADOPTION OF AN ORDINANCE AT A LATER HEARING.  - Consideration of the Department’s policy recommendations and initiation of Planning Code Text Changes regarding formula retail and large-scale retail controls. This item was first heard by the Commission on July 25, 2013.  On January 23, 2014 staff presented preliminary citywide analysis and a draft timeline of project deliverables, opportunities for public participation, and Planning Commission hearings to report results. On February 27, 2014, staff presented the draft Phase 1 report with revisions based upon the last hearing and four preliminary issue briefs. On April 24, staff presented the draft final 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. Pursuant to Planning Code Section 302, the Planning Commission will consider a Resolution of Intention to initiate amendments to the Planning Code. The amendments are intended to amend the definition of formula retail to include businesses that have 20 or more outlets worldwide; expand the applicability of formula retail controls to other types of uses; require Conditional Use Authorization for formula retail establishments in the C-3-G district with facades facing Market Street, between 6th Street and 12^th Street; expand the applicability of formula retail controls to create a new administrative review process for the authorization of a new formula retail operator at a parcel that had previously received a Conditional Use Authorization for the same formula retail use type and size, which will include new notification procedures, performance standards, and a process for requiring Conditional Use Authorization when the performance standards are not met or upon request; remove the requirement for Conditional Use authorization when a formula retail establishment changes operator but remains the same size and use category and instead; require the new administrative review; amend the Conditional Use criteria for Large-Scale Retail Uses to require an economic impact study and establish new fees for said study; and adopting findings, including environmental findings, Section 302 findings and findings of consistency with the General Plan and Planning Code Section 101.1.                               
Preliminary Recommendation: Adopt a Resolution Initiating Planning Code Text Changes to Be Considered for Adoption On or After June 5, 2014.

 

11.          2014.0509T                                                                                               (D. SÁNCHEZ:  (415) 575-9082)

MISSION ALCOHOLIC BEVERAGE SPECIAL USE DISTRICT [BOARD FILE 14-0236] - Ordinance amending the Mission Alcoholic Beverage Special Use District to allow mini-golf courses functionally and/or physically integrated with a restaurant use to obtain liquor licenses 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: Adopt a Recommendation for Approval with Modifications

 

12a.        2009.1074CV                                                                                           (G. CABREROS: (415) 558-6169)

1433 BUSH STREET - south side of Bush Street between Van Ness Avenue and Polk Street; Lot 024 in Assessor’s Block 0670 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.8, 253, 271 and 303 to allow an automotive rental use, the new construction of a building over 50 feet in height in an RC District and exceptions from the bulk limits prescribed by the V Bulk District.  The project proposes demolition of an existing one-story commercial building containing an automotive rental use and new construction of a 115-foot tall, 10-story mixed-use building containing 32 dwelling units, 26 residential parking spaces and a ground floor commercial space to contain an automotive rental use within a RC-4 (Residential, Commercial Combined, High Density) Zoning District, the Van Ness Avenue Special Use District, the Van Ness Automotive Special Use District, and 130-V 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

 

12b.        2009.1074CEKV                                                                                  (G. CABREROS: (415) 558-6169)

1433 BUSH STREET - south side of Bush Street between Van Ness Avenue and Polk Street; Lot 024 in Assessor’s Block 0670 - Request for Variances from Planning Code Sections 134

and 145.1, which require a 25-percent rear yard at all residential levels and establish street frontage requirements in the RC District, including limitations to the total width of parking entrances along a street frontage and requirements that parking be set back 25 feet at the

ground floor and 15 feet at the second floor from any  street frontage.   The project site is located on a through lot with frontage on Bush and Fern Streets.  The project proposes new construction of a 115-foot tall, 10-story mixed-use building with a courtyard at all residential levels and the re-establishment of an automotive rental use at the ground floor within a RC-4 (Residential, Commercial Combined, High Density) Zoning District, the Van Ness Avenue Special Use District, the Van Ness Automotive Special Use District, and 130-V Height and Bulk District.

 

13.          2014.0129C                                                                                                    (O. MASRY: (415) 575-9116)

1800 UNION STREET - at the northwest corner of Union and Octavia Streets, Lot 039 in Assessor’s Block 0530 - Request for Conditional Use Authorization under Planning Code Sections 725.83 and 303 to allow a wireless telecommunications services (WTS) facility operated by AT&T Mobility.  The proposed macro WTS facility would feature six (6) partially screened panel antennas on the roof of the existing three-story tall, mixed-use building. Two (2) of the antennas would be mounted within individual faux vent pipes, atop a faux chimney box, near the northern edge of the roof. The four (4) remaining partially screened antennas would be mounted atop an approximately 2.5-foot tall vertical expansion of the existing rooftop stairwell penthouse. Related electronic equipment would be located on the roof and in a basement room. The facility is proposed on a Location Preference 6 Site (Limited Preference, Individual Neighborhood Commercial District) within the Union Street 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

 

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.

 

14.          2013.0314D                                                                                                        (J. LOOK: (415) 575-6812)

1110 ASHBURY STREET - east side between Clayton Street and Downey Street; Lot 021 in Assessor’s Block 2629 - Request for Discretionary Review of Building Permit Application No. 2013.04.05.3911, proposing to construct a new horizontal addition at front, a vertical addition with roof deck on an existing single-family dwelling structure within a RH-2 (Residential, House – Two-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

                                (Continued from Regular Meeting of May 1, 2014)

 

   15.       2013.1340D                                                                                                        (J. LOOK: (415) 575-6812)

1423 OCEAN AVENUE - south side between Granada Avenue and Miramar Avenue; Lot 063 in Assessor’s Block 6941 - Request for a Mandatory Discretionary Review, pursuant to Planning Code Section 737.84 and 790.141 in association with Building Permit Application No. 2013.04.23.5179, proposing to establish a Medical Cannabis Dispensary (d.b.a.  “Bay Area Compassionate Health Center”) on the ground floor of an existing building, this project lies within the Ocean Avenue NCT (Neighborhood Commercial Transit ) Zoning District and within 45-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:  Take Discretionary Review and Approve the MCD with Conditions

                                (Continued from Regular Meeting of May 1, 2014)

16a.        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

(Continued from Regular Meeting of May 8, 2014)

 

16b.        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

                                (Continued from Regular Meeting of May 8, 2014)

 

 

                17a.        2013.0344D                                                                                                     (T. WANG: (415) 558-6335)

456 27^TH STREET – on the north side of 27^th Street between Noe and Sanchez streets; Lot 018 in Assessor’s Block 6580 - Mandatory Discretionary Review, pursuant to Planning Code Section 317(d), of Demolition Permit Application No. 2013.03.11.1908, proposing to demolish a one-story, single-family dwelling in a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code. 

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

 

17b.        2014.0671D                                                                                                     (T. WANG: (415) 558-6335)

456 27^TH STREET – on the north side of 27^th Street between Noe and Sanchez streets; Lot 018 in Assessor’s Block 6580 - Mandatory Discretionary Review, pursuant to Planning Code Section 317(d), of Building Permit Application No. 2013.03.11.1903, proposing to construct a three-story, two-family dwelling in a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District.

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

 

H.         PUBLIC COMMENT

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

 

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

 

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

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

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

 

Adjournment

 

 

 

 

 

 

 

Hearing Procedures

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

 

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

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

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

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

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

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

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

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

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

 

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

 

Hearing Materials

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

 

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

 

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

 

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

 

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

 

Appeals

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

 

Case Type	Case Suffix	Appeal Period*	Appeal Body
Office Allocation	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.