August 7, 2014

ROLL CALL:                                                                         

                                            President:                                Cindy Wu

                                            Vice-President:                      Rodney Fong

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

                                                                                                Kathrin Moore; Hisashi Sugaya

 

A.            CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

 

The Commission will consider a request for continuance to a later date.  The Commission may choose to continue the item to the date proposed below, to continue the item to another date, or to hear the item on this calendar.

 

1.                   2013.0433D                                                                                             (G. CABREROS: (415) 558-6169)

2853 BRODERICK STREEET - west side between Filbert and Union Streets, Lot 002 in Assessor’s Block 0947 - Staff-Initiated request for Discretionary Review of Building Permit Application No. 2013.10.28.0336, proposing to clarify a height discrepancy approved under Building Permit Application No. 2011.03.25.2839, which permitted the existing three-story-over-basement, two-unit building to be lifted 3 feet to insert a two-car garage within the basement level.  The current project also proposes additional work including a dwelling unit merger from 2 to 1 unit, a side horizontal addition at the south side façade, and vertical additions and rear façade alterations to construct dormers and a deck at the roof/attic level 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 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 September 18, 2014)

 

2.                   2014.0718D                                                                                                     (J. SPEIRS: (415) 575-9106)
333 PENNSYLVANIA AVENUE - east side between 18^th and 19th Streets; Lot 025 in Assessor’s Block 4040 - Request for Discretionary Review of Building Permit Application No. 2013.06.12.9341 proposing new construction of a five-story, two-family residential building on a vacant lot 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 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 September 18, 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.                   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) Zoning 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.

Preliminary Recommendation:  Approve with Conditions

(Continued from Regular Meeting of July 24, 2014)

 

4.                   2013.1587C                                                                                                     (O. MASRY: (415) 575-9116)

1459 HYDE STREET - at the southwest corner of Hyde and Jackson Streets, Lot 001 in Assessor’s Block 0186 - 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 eleven (11) screened panel antennas, housed within faux rooftop-mounted chimney vents. Electronic equipment necessary to run the facility would be located on the roof and in a first floor room. The facility is proposed on a Location Preference 7 Site (Disfavored Location) within a RM-3 (Residential, Mixed Medium-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

 

5.                   2014.0682C                                                                                                    (O. MASRY: (415) 575-9116)

401 GENEVA AVENUE - at the northeast corner of Geneva Avenue and Interstate 280, Lot 011 in Assessor’s Block 6949 - Request for Conditional Use Authorization under Planning Code Sections 234.2(a) and 303 to allow a wireless telecommunications services (WTS) facility operated by AT&T Mobility.  The proposed macro WTS facility would replace an existing AT&T Mobility macro facility (Case No. 1997.133C) featuring six (6) panel antennas mounted to a light standard at pedestrian plaza (Balboa Park Bay Area Rapid Transit [BART] Station) south of Geneva Avenue. The proposed macro WTS facility would feature nine (9) panel antennas, mounted mid-pole, to an existing freestanding monopole which hosts a Verizon macro WTS facility. Electronic equipment necessary to run the facility would be located within a new equipment shelter located adjacent to the primary rail platform building. The facility is proposed on a Location Preference 1 Site (Publicly-Used Structure, Balboa Park BART Station) within a “P” (Public) Zoning District, and 160-E 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

 

6.                   2014.0565C                                                                                                  (C. TOWNES: (415) 575-9195)

6600 THIRD STREET - north side, between Meade Avenue and Le Conte Avenue; Lot 009 in Assessor’s Block 5476 - Request for a Conditional Use Authorization pursuant to Planning Code Section 303 requesting a specific modification to a Planning Code regulation related to height measurement pursuant to Planning Code Section 304 with respect to a recently constructed 73-unit, 100 percent affordable housing project that was previously approved pursuant to Conditional Use Authorization for a Planned Unit Development (Case No. 2008.1110CTZ) that included a specific modification to a Planning Code regulation related to height measurement. The subject property is located within a RM-1 (Residential Mixed, Low Density) Zoning District and 40-X Height and Bulk District. A 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: Approve with Conditions

 

7.                   2014.0880Q                                                                                                      (A. KIRBY: (415) 575-9133)

3731 FILLMORE STREET - west side of Fillmore Street between Beach Street and Marina Boulevard; Lot 010 in Assessor’s Block 0438A - Request for Condominium Conversion Subdivision to convert a three-story-over-garage, six-unit building into residential condominiums 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

 

C.         COMMISSION MATTERS

 

8.             Consideration of Adoption:

·         Draft Minutes for July 17, 2014

·         Draft Minutes for July 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.

 

9.             Commission Comments/Questions

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

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

 

D.         DEPARTMENT MATTERS

 

10.          Director’s Announcements

               

11.          Review of Past 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.

 

12.          2008.1396E                                                                                              (T. JOHNSTON: (415) 575-9035)

REGIONAL GROUNDWATER STORAGE AND RECOVERY PROJECT - Certification of the Final Environmental Impact Report - The San Francisco Public Utilities Commission (SFPUC) is proposing the San Francisco Groundwater Supply Project, which seeks to increase water supply reliability during dry years and in emergencies, by increasing water storage in the South Westside Groundwater Basin during wet and normal years for subsequent recapture during dry years. The proposed project consists of the construction and operation of 16 new groundwater production wells and water treatment facilities to recover the stored groundwater. Each well facility would include the construction of a groundwater production well and associated fenced enclosure or treatment building, distribution pipelines to connect the well to the existing regional water system or to the local distribution system, and overhead or underground utility connections. Most well facilities would provide disinfection and additional treatment (i.e., pH adjustment, fluoridation, and/or iron/manganese removal). In addition, the proposed project includes upgrades to the Westlake Pump Station to serve three new well facilities (Sites 2, 3, and 4), including new fluoride, chlorine, and ammonia chemical storage tanks, replaced or upgraded chemical metering pumps, a resized transformer, and up to three new booster pumps to deliver the additional water into the Daly City distribution system, all of which would be located within the existing pump station building. The SFPUC is proposing this project in coordination with its partner agencies, which include the cities of Daly City and San Bruno, and the California Water Service Company (Cal Water) in its South San Francisco service area (collectively referred to as Partner Agencies). The project includes operation of groundwater well facilities at 16 different locations in Daly City, Colma, South San Francisco, San Bruno, Millbrae, and in unincorporated San Mateo County. The Partner Agencies currently supply potable water to their retail customers through a combination of groundwater from the South Westside Groundwater Basin and purchase of SFPUC surface water. The project would provide supplemental SFPUC surface water to the Partner Agencies during normal and wet years. During normal and wet years, the Partner Agencies would reduce their groundwater pumping by a comparable amount to increase the amount of groundwater in storage through natural recharge during these periods. During normal and wet years, the volume of groundwater in the South Westside Groundwater Basin would increase due to natural recharge and reduced groundwater pumping by the Partner Agencies. During dry years, the Partner Agencies and the SFPUC would pump the stored groundwater using 16 new well facilities. This new dry-year water supply would be blended with water from the regional water system, and would thereby increase the available water supply to all regional water system customers. An Operating Agreement between the SFPUC and its Partner Agencies would guide overall groundwater management and surface water deliveries associated with the proposed project.    Preliminary Recommendation: Certify the Environmental Impact Report

 

13a.        2008.1396ER                                                                                                   (P. IKEZOE: (415) 575-9137)

REGIONAL GROUNDWATER STORAGE AND RECOVERY PROJECT - Consideration of Adoption of Findings under the California Environmental Quality Act, including the adoption of a mitigation monitoring and reporting program and a statement of overriding considerations, for the San Francisco Public Utilities Commission (SFPUC) Regional Groundwater Storage and Recovery Project. The proposed project involves new groundwater well facilities that would be managed by the SFPUC.  All sites would be located outside of the City and County of San Francisco, at 16 sites in San Mateo County.

Preliminary Recommendation: Adopt

 

                13b.       2008.1396R                                                                                                     (P. IKEZOE: (415) 575-9137)

REGIONAL GROUNDWATER STORAGE AND RECOVERY PROJECT - Consideration of General Plan Referral pursuant to Section 4.105 of the Charter and Section 2A.53 of the Administrative Code of the City and County of San Francisco, and making Planning Code Section 101.1(b) findings recommending General Plan conformity findings for the San Francisco Public Utilities Commission (SFPUC) Regional Groundwater Storage and Recovery Project. The proposed project involves new groundwater well facilities that would be managed by the SFPUC.  All sites would be located outside of the City and County of San Francisco, at 16 sites in San Mateo County.

Preliminary Recommendation: Adopt a Resolution finding the project, on balance, in conformity with the General Plan

 

14.                                                                                                                                   (C. TEAGUE: (415) 575-9081)

“OFFICE DEVELOPMENT ANNUAL LIMIT PROGRAM UPDATE - Informational presentation on the background, current status, and projected outlook of the Office Allocation Program pursuant to Planning Code Sections 320 through 325.”

15.          2014.0112CE                                                                                                (M. WOODS: (415) 558-6315)

930 GOUGH STREET (AKA 888 TURK STREET) - northeast corner at Turk Street; Lot 009 in Assessor’s Block 0744 - Request for Conditional Use Authorization pursuant to Planning Code Sections 209.3(g) and 303 to allow the conversion of a vacant church and medical clinic uses to a private elementary/middle school for the Chinese American International School serving grades Pre-K through 8. The site contains two buildings and a surface parking lot. The proposal is to renovate the buildings for classrooms, art studio, multi-purpose rooms, and administrative spaces. Exterior alterations are also proposed, including façade improvements, an elevator penthouse, roof deck, new fencing and gates. The project site is located in a RM-4 (Residential-Mixed, High-Density) District, and 80-B 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

 

16.          2012.1220C                                                                                                            (S. LAI:  (415) 575-9087)

2233 UNION STREET - south side between Steiner and Fillmore Streets, Lot 032, in Assessor's Block 0539 - Request for Conditional Use Authorization under Planning Code Sections 303, 317 and 725.53 to allow a Business/Professional Service use (d.b.a. Ingrid and Isabella LLC) on the third floor of the subject building to replace an existing dwelling unit in the Union Street Neighborhood Commercial District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Disapprove

 

3:00 PM           The following items may only be considered after 3:00 PM. This is not a time specific matter. The time indicated is provided as a courtesy.

 

17.          2014.0707T                                                                                                      (A. STARR: (415) 575-9075)

ADMINISTRATIVE AND PLANNING CODE AMENDMENT – AMENDING REGULATION OF SHORT-TERM RESIDENTIAL RENTALS AND ESTABLISHING FEE [BOARD FILE140381] -  Ordinance amending the Administrative Code to provide an exception for permanent residents to the prohibition on short-term residential rentals under certain conditions; to create procedures, including a registry administered by the Department of Building Inspection, for tracking short-term residential rentals and compliance; to establish an application fee for the registry; amending the Planning Code to clarify that short-term residential rentals shall not change a unit’s type as residential; 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

                (Continued from Regular Meeting of July 10, 2014)

 

G.            DISCRETIONARY REVIEW CALENDAR 

 

The Commission Discretionary Review Hearing Procedures provide for presentations by staff; followed by the DR requestor team; followed by public comment opposed to the project; followed by the project sponsor team; followed by public comment in support of the project.  Please be advised that the DR requestor and project sponsor teams include: the DR requestor and sponsor or their designee, lawyers, architects, engineers, expediters, and/or other advisors.

 

18.          2013.0791DV                                                                                                          (S. LAI: (415) 575-9087)

135 BELGRAVE AVENUE – south side between Stanyan and Shrader Streets; Lot 046 in Assessor’s Block 2688 - Request for Discretionary Review of Building Permit Application No. 2013.12.12.4044 proposing to construct second floor horizontal additions within the existing building footprint at the front and rear of the two-story, single-family home. The proposed additions are partially located within the required side yards and a variance request was heard by the Zoning Administrator on March 26, 2014. The property is located in a RH-1(D) (Residential, House, Single-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:  Abbreviated Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

 

19a.        2013.0771DV                                                                                           (G. CABREROS: (415) 558-6169)

1055 ASHBURY STREET - west side at the intersection of Ashbury and Downey Streets; Lot 167 in Assessor’s Block 1269 - Request for Discretionary Review of Building Permit Application No. 2013.07.31.3282 proposing new construction of a three-story, single-family residential building on a vacant lot 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 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

 

19b.        2013.0771DV                                                                                           (G. CABREROS: (415) 558-6169)

1055 ASHBURY STREET - west side at the intersection of Ashbury and Downey Streets; Lot 167 in Assessor’s Block 1269 - Request for Variance, pursuant to Planning Code Section 134, to allow the project to extend into the required rear yard.   The project proposes new construction of a three-story, single-family residence on a vacant lot. Per Planning Code Section 134, the required rear yard for the subject property based on rear yard averaging is approximately 22 feet.  The project, including elevator bay and deck projections, is proposed to be constructed 10 feet into the required rear yard.  The project site is located within a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District.

 

H.            PUBLIC COMMENT

 

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

 

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

 

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

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

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

 

Adjournment

Hearing Procedures

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

 

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

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

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

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

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

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

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

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

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

 

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

 

Hearing Materials

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

 

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

 

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

 

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

 

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

 

Appeals

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

 

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

 

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

 

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

 

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

 

Challenges

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

 

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

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

 

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.