July 24, 2014

ROLL CALL:                                                                         

                                            President:                                Cindy Wu

                                            Vice-President:                      Rodney Fong

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

                                                                                                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.                   2013.1554C                                                                                       (M. BOUDREAUX: (415) 575-9140)

9 WEST PORTAL AVENUE - cross streets Ulloa and Vicente; Lot 029 in Assessor’s Block 2979A Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 729.43, to allow change of use from medical office use to a Limited Restaurant café (with ABC Type 20 off-sale license) and to allow expansion of an existing wine bar use (d.b.a Vin Debut with an existing ABC Type 42 license) into new storefront space, within the West Portal Avenue NCD (Neighborhood Commercial District) and 26-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 Continuance to August 7, 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.

 

2.                   2014.0439Q                                                                                               (E. JACKSON: (415) 558-6363)

18-28 CLYDE STREET - cross street Townsend Street; Lot 017 in Assessor’s Block 3787 - Request for Condominium Conversion Subdivision to convert a three-story, six-unit building into residential condominiums within an SLI (Service Light Industrial) Zoning District and 65-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve

3.                   2014.0508C                                                                                        (M. BOUDREAUX: (415) 575-9140)

3911 ALEMANY BOULEVARD - cross streets Saint Charles and Worcester Avenues; Lot 123 in Assessor’s Block 7126A - Request for Conditional Use Authorization pursuant to Planning Code Section 303 and 713.61, to allow change of use from personal service use to an Auto Rental use (d.b.a. Hertz) within the NC-S (Neighborhood Commercial, Shopping Center) 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

 

 

4.                   2014.0634C                                                                                                  (O. MASRY: (415) 575-9116)

999 LAGUNA STREET - at the southwest corner of Laguna Street and Golden Gate Avenue, Lot 001 in Assessor’s Block 0771 - 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 twelve (12) panel antennas mounted behind a faux mechanical penthouse expansion, on the roof of an existing four-story residential building. Related electronic equipment would be located on the roof and ground floor in an enclosed equipment shelter. The facility is proposed on a Location Preference 7 Site (Disfavored Location) within an RM-2 (Residential-Mixed, Moderate Density) Zoning District, and a 50-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

 

5.             Consideration of Adoption:

 

·         Draft Minutes for July 10, 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.

 

6.             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

 

7.             Director’s Announcements

               

8.             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.

 

9.             2013.0154EKRVX                                                                                          (E. WATTY: (415) 558-6620)

747 HOWARD STREET (aka MOSCONE CENTER EXPANSION PROJECT) - on Howard Street between Third and Fourth Streets; Lot 091 in Assessor's Block 3734 - Informational Presentation on the Moscone Center Expansion Project, which consists of below grade expansion of the convention center’s exhibition halls, above grade expansion of Moscone North, South, and Esplanade Ballroom, construction of two pedestrian bridges over Howard Street, improvements to the Yerba Buena Children’s Garden Improvements, and public realm improvements throughout and adjacent to the site. The property is located in the C-3-S (Downtown Support) Zoning District and 340-I Height and Bulk District.

Preliminary Recommendation:  None – Informational

10.          2013.0647T                                                                                                      (A. STARR: (415) 558-6362)

INTENTION TO INITIATE DEPARTMENT-SPONSORED PLANNING CODE AMENDMENTS RELATED TO Consolidateing Definitions, Reorganize Article 2, and Make Other Nonsubstantive Changes to Update, Clarify, and Simplify Code Language – 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 consolidate definitions into Section 102 and reorganize Article 2 to create Zoning Control Tables and make other non-substantive changes in order to update, clarify, and simplify Code language; and affirming the Planning Department’s California Environmental Quality Act determination and making findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Approve a Draft Resolution of Intention to initiate amendments to the Planning Code and schedule a public hearing to consider the amendments no sooner than September 4, 2014.

11.          2013.0494CE                                                                                               (M. WOODS: (415) 558-6315)  

233 MAPLE STREET (AKA 3839 WASHINGTON STREET) – west side between Clay and Washington Streets; Lots 002 and 034 in Assessor’s Block 0992 – Request for Conditional Use Authorization pursuant to Planning Code Sections 209.3(g), 303 and 317 to allow the conversion of a dwelling unit (on Lot 002) to a private elementary and middle school (Presidio Hill School), and to modify Planning Commission Motion Nos. 17159, and 15031 as modified by Board of Supervisors Motion No. M00-54 for Case No. 99.385C. The student enrollment would increase from 200 to up to 240 students, within a RH-1 (Residential, House, One-Family) District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve with Conditions

 

 12a.      2012.0793KX                                                                                            (D. Sanchez: (415) 575-9082)

346 POTRERO AVENUE - west side between 16^th and 17^th Streets; Lot 008 in Assessor’s Block 3962  - Request for Adoption of Findings pursuant to Section 295 of the Planning Code regarding a Shadow Study that concluded that the shadow cast by the construction of a nine-story building, approximately 88,100 square feet in total, with up to 70 dwelling units and approximately 1,600 square feet of ground floor retail  would not be adverse to the use of Franklin Square, land under the jurisdiction of the San Francisco Recreation and Park Department. The property is within a UMU (Urban Mixed Use) District and an 85-X Height and Bulk District. 

Preliminary Recommendation: Adopt Findings

 

12b.       2012.0793KX                                                                                             (D. Sanchez: (415) 575-9082)

346 POTRERO AVENUE – west side between 16^th and 17^th Streets; Lot 008 in Assessor’s Block 3962 – Request for Large Project Authorization, pursuant to Planning Code Section 329 to construct a nine-story building, approximately 88,100 square feet in total, with up to 70 dwelling units and approximately 1,600 square feet of ground floor retail.  The project is seeking exceptions, pursuant to Planning Code Section 329, from the Rear Yard requirement (Planning Code Section 134), the Useable Open Space requirement (Planning Code Section 135), the Useable Open Space for Uses Other Than Dwelling Units requirement (Planning Code Section 135.3), the Dwelling Unit Exposure requirement (Planning Code Section 140) and the Street Frontages requirement (Planning Code Section 145.1).  The project is within the Urban Mixed Use (UMU) Zoning District and 85-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

 

13.          2013.1626C                                                                                              (E. JACKSON: (415) 558-6363)

1257 GUERRERO STREET – east side between 24^th and 25^th Streets; Lot 015 in Assessor’s Block 6513 – Request for Conditional Use Authorization, pursuant to Planning Code Sections 216(c), 209.2(d) and 303, to legalize an existing hotel use (dba Noe’s Nest Bed and Breakfast) for no more than five rooms or suites of rooms per Planning Code Sections 216(c), 209.2(d) and 303 within an existing single-family dwelling.  The project proposes no interior or exterior changes to the existing building.  The property is located within an 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

 

14.          2013.1859C                                                                                                 (T. CHANG: (415) 575-9197)

1501 SLOAT BOULEVARD (LAKESHORE PLAZA) – The project site is located at 1501 Sloat Boulevard within the Lakeshore Plaza Shopping Center, south side of the street between Everglade and Clearfield Drives – Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 703.4, to establish a formula retail limited-restaurant (d.b.a. Subway) in the 810 square-foot tenant space occupied by Quizno’s formula retail limited-restaurant located within a NC-S (Neighborhood Commercial, Shopping Center) District, the Lakshore Plaza Special Use District and 26-40-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

 

15.          2014.0505C                                                                                               (P. LAVALLEY: (415) 575-9084)

581 MARKET STREET (AKA 88 STEVENSON STREET) - south side between 1^st and 2^nd Streets; Lot 044 in Assessor’s Block 3708 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 219(d) and 303, to allow professional and business offices that are not open to the public below the ground floor of the existing 3-story-over-basement building. The basement office space will be accessed from the rear of the building, fronting Stevenson Street, while retail space will continue to front the ground floor at Market Street. The property is located within the C-3-O(SD) (Downtown Office (Special Development)) Zoning District and 300-S 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

 

16.          2012.1333X                                                                                                             (D. VU: (415) 575-9120)

923-931 FOLSOM STREET - south side between 5^th and 6^th Streets, Lots 106, 141, and 142 in Assessor’s Block 3753 - Request for Large Project Authorization pursuant to Planning Code Section 329 and exceptions including rear yard, residential off-street parking, off-street loading, and height exception for the proposed construction of a new eight-story, 85-foot tall building consisting of up to 114 dwelling units, approximately 1,800 square feet of retail space, and parking for up to 78 spaces.  The subject property is located within the MUR (Mixed Use Residential) District with 45-X and 85-X Height and Bulk Designations. 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.

 

17a.        2014.0981D                                                                                                           (D. VU: (415) 575-9120)

437 DUNCAN STREET - south side between Noe and Sanchez Streets; Lot 035 in Assessor’s Block 6602 – Mandatory Discretionary Review, pursuant to Planning code Section 317(d), of Demolition Permit Application No. 2012.07.16.4978 proposing to demolish an 816 sq. ft. one-story, single-family dwelling within an 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

(Continued from Regular Meeting of July 10, 2014)

               

17b.        2012.0075DD                                                                                                        (D. VU: (415) 575-9120)

437 DUNCAN STREET - south side between Noe and Sanchez Streets; Lot 035 in Assessor’s Block 6602  Mandatory Discretionary Review, pursuant to Planning code Section 317(d), of Building Permit Application No. 2012.04.18.8570 proposing to construct a 3,972 sq. ft. three-story over garage, single-family dwelling within a RH-2 (Residential, House – Two-Family) Zoning District and 40-X Height and Bulk District. 

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and Approve with Modifications

(Continued from Regular Meeting of July 10, 2014)

 

17c.        2012.0075DD                                                                                                        D. VU: (415) 575-9120)

437 DUNCAN STREET - south side between Noe and Sanchez Streets; Lot 035 in Assessor’s Block 6602 – Request for Discretionary Review, of Building Permit Application No. 2012.04.18.8570 proposing to construct a 3,972 sq. ft. three-story over garage, single-family dwelling within a RH-2 (Residential, House – Two-Family) Zoning District and 40-X Height and Bulk District. 

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and Approve with Modifications

(Continued from Regular Meeting of July 10, 2014)

 

18.          2014.0186D                                                                                                        (S. LAI: (415) 575-9087)

344 3^RD AVENUE - east side between Clement Street and Geary Boulevard, Lot 031, in Assessor's Block 1434 - Mandatory Discretionary Review pursuant to Planning Code Section 317(e), of Building Permit Application No. 2014.02.04.7793 proposing the dwelling unit merger from two dwelling units into a single-family home. The property is located within a RM-1 (Mixed Residential, Low Density) District and 40-X Height and Bulk District. Planning Commission approval at the public hearing would constitute the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation:  Take Discretionary Review and Disapprove

 

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.