September 11, 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.                   2013.0001C                                                                                                    (O. MASRY: (415) 575-9115)

766 VALLEJO STREET - at the northwest corner of Vallejo Street and Emery Lane, Lot 043 in Assessor’s Block 0130 - Request for Conditional Use Authorization under Planning Code Sections 722.83 and 303 to modify a wireless telecommunications services (WTS) facility operated by AT&T Mobility.  The existing macro WTS facility was approved (Case Number 2004.0858C) for up to six (6) panel antennas, however nine (9) panel antennas were later installed. The proposed modification would legalize the existing facility and replace all nine (9) antennas, with minor antenna relocations in order to reduce visibility. Related electronic equipment would be located on the roof and within an existing enclosed equipment room within the parking structure. The facility is proposed on a Location Preference 1 Site (Publicly-Used Structure, Central Police Station and SFMTA-owned public parking structure) within the North Beach Neighborhood Commercial District, North Beach Limited Financial Services Subdistrict, North Beach Special Use 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

 

3.                   2014.0270C                                                                                                    (K. BURNS: (415) 575-9112)

2206 POLK STREET - east side, between Vallejo Street and Green Street; Lot 014 in Assessor’s Block 0549 - Request for Conditional Use Authorization pursuant to Planning Code Section 303 723.44 and 790.91 to establish a Restaurant (d.b.a. Kinjo) which will operate as a Bona Fide Eating Place in a vacant commercial space. The property is located within the Polk Street Neighborhood Commercial 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

 

4.                   2014.0613Q                                                                                                    (L. AJELLO: (415) 575-9142)

1955-1963 BEACH STREET -  southwest corner of Beach and  Avila Streets; Lot 001 in Assessor’s Block 0441A - Request for Condominium Conversion Subdivision to convert a two-story-over-garage, six-unit building into residential condominiums within a RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve

 

C.         COMMISSION MATTERS

 

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.             2011.1374E                                                                                                 (R. SCHUETT: (415) 575-9030)

800 INDIANA STREET PROJECT DRAFT EIR - West side of Indiana Street between 20^th and 22^nd Streets; Assessor’s Block 4105 Lot 009 - Public Hearing on the Draft Environmental Impact Report.  The proposed project includes demolition of the existing 78,240 gross-square-foot (gsf), historic steel frame industrial warehouse and construction of a five-story, approximately 58-foot-tall, multi-family residential development, composed of three separate buildings with a maximum of 338 residential units, ground-floor residential amenities, and a one-level underground parking garage. The project site is located in the Urban Mixed Use (UMU) Zoning District, and 58-X Height and Bulk District, within the Central Waterfront Subarea of the Eastern Neighborhoods Rezoning and Area Plan.

Note: Written comments will be accepted at the Planning Department until 5:00 p.m. on Monday, September 29, 2014.

Preliminary Recommendation: Review and Comment

 

9.             2013.1375CE                                                                                                  (E. WATTY: (415) 558-6820)

115 TELEGRAPH HILL (AKA 363 FILBERT STREET) - south side of Filbert Street between Kearny and Montgomery Streets; Lot 065 in Assessor’s Block 0105 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 151, 151.1, 209.1(h), 249.49, and 303, to allow the construction of a new three-unit residential building with four off-street parking spaces on a lot with an existing rear cottage within a RH-3 Zoning District, the Telegraph Hill/North Beach Residential SUD, 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 July 17, 2014)

 

10.          2014.0633C                                                                                                     (O. MASRY: (415) 575-9115)

1098 JACKSON STREET - at the northeast corner of Jackson and Taylor Streets, Lot 022 in Assessor’s Block 0181 - Request for Conditional Use Authorization under Planning Code Sections 209.6(b) and 303 to allow a macro wireless telecommunications services (WTS) facility operated by AT&T Mobility.  The proposed macro WTS facility would feature six (6) panel antennas mounted within individual faux vent pipes, on the roof of an existing three-story mixed-use building. Related electronic equipment would be located on the roof and in the basement. The facility is proposed on a Location Preference 7 Site (Disfavored Location) within a RM-3 (Residential, Mixed Moderate-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

 

11.          2014.0846C                                                                                                     (O. MASRY: (415) 575-9115)

444 PRESIDIO AVENUE - at the northeast corner of California Street and Presidio Avenue, Lot 026 in Assessor’s Block 1022 - Request for Conditional Use Authorization under Planning Code Sections 711.83 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 screened by faux roof-mounted chimneys, at an existing four-story hotel. Related electronic equipment would be located on the roof and in the garage. The facility is proposed on a Location Preference 2 Site (Co-Location with Sprint) within a NC-2 (Neighborhood Commercial, Small-Scale) 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

 

12a.        2013.0627BC                                                                                                   (R. SUCRÉ: (415) 575-9108)

660 3^RD STREET - located between Brannan and Townsend Streets, Lot 008 in Assessor’s Block 3788 - Request for an Office Development Authorization under Planning Code Section 321 to establish up to 80,000 gsf of office space within the South End Landmark District, 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 with Conditions

                NOTE: On May 1, 2014, After being pulled off of Consent, holding a public hearing and closing public comment; the matter was Continued to June 12, 2014 by a vote of +6 -1 (Sugaya against).

(Continued from Regular Meeting of August 14, 2014)

 

12b.        2013.0627BC                                                                                                    (R. SUCRÉ: (415) 575-9108)

660 3^RD STREET - located between Brannan and Townsend Streets, Lot 008 in Assessor’s Block 3788 - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 303, 803.9(a), and 817.48, for a change in use of 80,000 gsf from PDR (Production, Distribution and Repair) to office use. 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. The subject property is located within the South End Landmark District, SLI (Service/Light Industrial) Zoning District, and 65-X Height and Bulk District.

Preliminary Recommendation: Approve with Conditions

            NOTE: On May 1, 2014, After being pulled off of Consent, holding a public hearing and closing public comment; the matter was Continued to June 12, 2014 by a vote of +6 -1 (Sugaya against).

(Continued from Regular Meeting of August 14, 2014)

 

13.          2011.0408C                                                                                                      (R. SUCRÉ: (415) 575-9108)

320-400 PAUL AVENUE - located at the north side of Paul Avenue between San Bruno Avenue and 3^rd Street, Lots 014 & 015 in Assessor’s Block 5431A - Request for Conditional Use Authorization and Planned Unit Development (PUD), pursuant to Planning Code Section 151, 152, 209.6(c), 227(r), 270, 271, 303 and 304, to establish an Internet Services Exchange (ISE). Pursuant to the Conditional Use Authorization and Planned Unit Development, the project is seeking a bulk exception and modifications to the requirements for off-street parking and off-street freight loading. The proposal would rehabilitate the historic office building and industrial building at 320 and 350 Paul Avenue (measuring together approximately 55,760 gsf) and construct a new two- to three-story rear addition (approximately 187,246 gross square feet). The proposal also includes up to 80 off-street parking spaces, as well as public realm improvements. The subject property is located within a PDR-2 (Core Production, Distribution and Repair - Bayview) Zoning District and 65-J 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)

 

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.

 

14a.        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

(Continued from Regular Meeting of August 7, 2014)

 

14b.        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.

(Continued from Regular Meeting of August 7, 2014)

 

15.          2014.0973D                                                                                                       (C. GROB: (415) 575-9138)

458 GROVE STREET - north side between Octavia Street and Gough Street; Lot 0793 in Assessor’s Block 014 -  Request for Discretionary Review of Building Permit Application No. 2014.03.25.1658 proposing a change of use from retail to restaurant (d.b.a. Birba) with interior tenant improvements in the Hayes-Gough Neighborhood Commercial Transit (Hayes NCT) 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

 

16.          2014.0937D                                                                                        (M. BOUDREAUX: (415) 575-9140)

250 ROOSEVELT WAY -  northwest side between Museum Way and 15^th Street; Lot 028 in Assessor’s Block 2607 Request for Discretionary Review of Building Permit Application No. 2013.09.04.5934 proposing a vertical addition on an existing three-story, three-unit residential building on 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: 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.