September 4, 2014

ROLL CALL:                                                                         

                                            President:                                Cindy Wu

                                            Vice-President:                      Rodney Fong

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

                                                                                                Kathrin Moore; Dennis Richards

 

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.                   2013.1340D                                                                                                        (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 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 22, 2014)

                        NOTE: On May 22, 2014, following public testimony, the Commission continued the matter to July 17, 2014 by a vote of +6 -0 (Commissioner Antonini was recused).

                                (Continued from Regular Meeting of July 17, 2014)

(Proposed for Continuance to November 20, 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.                   2014.0848C                                                                                                    (B. BENDIX: (415) 575-9114)

2800 24^TH STREET- northwest corner of the intersection of 24^th and Bryant Streets, Lot 014 in Assessor’s Block 4209 - Request for Conditional Use Authorization under Planning Code Sections 727.48 and 303 to establish an entertainment use within the existing bar (d.b.a. Pop’s Bar). The proposal does not include any increase to the existing building envelope or changes to the façade. The project is located within the 24^th Street – Mission NCT (Neighborhood Commercial Transit) Zoning District, the Mission Alcoholic Beverage Special Use Subdistrict and 55-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

 

3.             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

                (Continued from Regular Meeting of August 7, 2014)

                NOTE: On August 7, 2014, following public testimony, the Commission adopted a motion of Intent to Approve with Conditions by a vote of +4 -3 (Commissioners Johnson, Moore, Wu voted against) and continued the matter to September 4, 2014 by a vote of +7 -0.

 

C.         COMMISSION MATTERS

 

4.             Consideration of Adoption:

·         Draft Minutes for August 7, 2014

·         Draft Minutes for August 14, 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.             2005.0679E                                                                                                 (M. JACINTO: (415) 575-9033)

                1333 GOUGH STREET/1481 POST STREET PROJECT - south side of Post Street between Gough and Laguna Streets on Lot 37 in Assessor Block 697 - Public Hearing on the Draft Environmental Impact Report. The project entails demolition of a parking structure and construction of a 36-story, 398-foot-tall (416-foot-tall to roof of penthouse) 437,500-gsf residential building west of the existing 1333 Gough Street building on the project site. The proposed building would contain a café on the ground-floor and 262 dwelling units on floors 2 through 36 above. The project also includes renovation of an existing fitness center at 1333 Gough Street including construction of an 8,000-gsf indoor swimming pool addition fronting on Geary Boulevard. Pedestrian access to the project site would be provided from Post and Geary Streets. A 10-foot-wide publicly accessible walkway would facilitate mid-block pedestrian passage through the project block between Post Street and Geary Boulevard. The project also includes construction of a 442-space, 180,000-gsf subsurface parking garage with two freight loading spaces. Vehicular access would be from two driveways on Post Street and one driveway on Gough Street. The project site is in a RM-4 (Residential, Mixed, High Density) Use District and 240-E Height and Bulk District. The proposed project would require map and text amendments to reclassify the site’s existing height district to 410 feet. The project also requires modifications to a Planned Unit Development and Conditional Use authorization by the Planning Commission.

                NOTE: Written comments will be accepted at the Planning Department until 5:00 p.m. on September 14, 2014.

                Preliminary Recommendation: Review and Comment

 

9.             2014.1107T                                                                                                (D. SANCHEZ: (415) 575-9082)

NIGHTTIME ENTERTAINMENT AND USES GREATER THAN 25,000 SQ FT IN THE WESTERN SOMA [BOARD FILE 140724] - Ordinance amending the Planning Code to delete the prohibition against a non-residential use exceeding 25,000 square feet in the Regional Commercial District, to authorize a nighttime entertainment use in the Western SoMa Mixed Use - Office zoning district within 200 feet of a property within a Residential Enclave or Residential Enclave - Mixed zoning district, where a nighttime entertainment use existed within five years prior to an application to establish the use, affirm the Planning Department’s determination under the California Environmental Quality Act, and make Planning Code Section 302 findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Adopt a Recommendation for Approval with Modifications

 

10.          2010.0043X                                                                                                      (R. SUCRÉ: (415) 575-9108)

490 SOUTH VAN NESS AVENUE - located at the northwest corner of 16^th and South Van Ness Avenue, Lot 008 in Assessor’s Block 3553 - Request for a Large Project Authorization, pursuant to Planning Code Section 329 for the new construction of a seven-story residential building (approximately 91,611 gsf) with 72 dwelling units, ground-floor corner retail (approximately 655 sq ft), 48 off-street parking spaces, 83 Class 1 bicycle parking spaces, and common open space. Under the LPA, the project is seeking a modification of the requirements for: 1) rear yard (Planning Code Section 134); 2) permitted obstructions over streets, alleys, setbacks, yards and useable open space (Planning Code Section 136); 3) dwelling unit exposure (Planning Code Section 140); and, 4) accessory use provisions for dwelling units (Planning Code Sections 329(d)(10) and 803.3(b)(1)(c)). The subject property is located within the UMU (Urban Mixed-Use) Zoning District and 68-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 August 14, 2014)

 

11.          2014.0739C                                                                                                     (L. AJELLO: (415) 575-9142)

189  6^TH AVENUE - west side between California and Lake Streets; Lot 019 in Assessor’s Block 1366 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 710.43 to allow the conversion of a vacant retail space to a Limited-Restaurant (d.b.a. Nourish Café) in an NC-1 (Neighborhood Commercial Cluster) 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.        2013.0205CEKSV                                                                                   (C. LAMORENA: (415) 575-9085)

395 26^th AVENUE - northwest corner of Clement Street and 26^th Avenue; Lot 017 in Assessor’s Block 1407 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 717.39 to allow the demolition of an existing two-story mixed-use building containing two dwelling units with ground floor commercial space and construct two buildings, a 45-foot tall, four-story mixed-use building fronting on Clement Street, containing three dwelling units, four residential parking spaces with ground floor commercial space and a 40-foot tall, four-story building fronting on 26^th Avenue, containing three dwelling units and three residential parking spaces within the Outer Clement Street Neighborhood Commercial 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

                (Continued from Regular Meeting of April 24, 2014)

               

12b.        2013.0205CEKSV                                                                                  (C. LAMORENA: (415) 575-9085)

395 26^th AVENUE - northwest corner of Clement Street and 26^th Avenue; Lot 017 in Assessor’s Block 1407 - Request for Rear Yard Modification from Planning Code Section 134(e), which requires a 25-percent rear yard at all levels and a Variance from Planning Code Section 145.1, which establishes street frontage requirements in the NC Zoning District, including requirements that parking be set back 25 feet at the ground floor from any street frontage. The project proposes new construction of two buildings, each of which do not provide the required rear yard depth on the ground floor and propose parking that is not set back 25 feet from the street frontage. The property is located within the Outer Clement Street Neighborhood Commercial Zoning District and 40-X Height and Bulk District.

(Continued from Regular Meeting of April 24, 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.

 

13.          2014.0797D                                                                                                      (A. KIRBY: (415) 575-9133)

435 10^th AVENUE - west side between Geary Boulevard and Anza Street; Lot 006 in Assessor’s Block 1534 -  Request for Discretionary Review of Building Permit Application No. 2014.03.07.0225 proposing to construct a three-story horizontal addition at the rear of a single-family dwelling located within a RH-2 (Residential House, Two-Family) District and 40-x Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Abbreviated Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

 

14a.        2013.0520D                                                                                                (E. JACKSON: (415) 558-6363)

910 CAROLINA STREET  - east side between 22^nd and 23^rd Streets; Lot 003 in Assessor’s Block 4160 - Mandatory Discretionary Review, pursuant to Planning Code Section 317(d), of Demolition Permit Application No. 2013.03.13.2081, proposing to demolish a one-story one-unit residential building within the 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.

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

 

14b.        2014.0108D                                                                                                (E. JACKSON: (415) 558-6363)

910 CAROLINA STREET  - east side between 22^nd and 23^rd Streets; Lot 003 in Assessor’s Block 4160 - Mandatory Discretionary Review, pursuant to Planning Code Section 317(d), of Building Permit Application No. 2013.03.12.2050, proposing to construct a new four-story, one-unit residential building within the 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.  

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

 

15.          2014.0529D                                                                                                           (D. VU: (415) 575-9120)

3984 20^th STREET - west side between Sanchez and Church Streets; Lot 022 in Assessor’s Block 3600 - Request for Discretionary Review of Building Permit Application No. 2013.07.09.1387, proposing a front horizontal reduction and construction of a rear side addition at the garage level, a rear horizontal reduction and rear side addition at the first story, a new 38'-7" deep second story, and a new roof deck and stairs to the existing single-family dwelling structure within a RH-1 (Residential, House – One-Family) Zoning District and 40-X Height and Bulk District. 

Staff Analysis:  Abbreviated 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.