December 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.                   2014.0454C                                                                                                    (O. MASRY:  (415) 575-9116)

4093 24^th STREET - at the southeast corner of Castro and 24th Streets, Lot 017 in Assessor’s Block 6507 – Request for Conditional Use Authorization under Planning Code Sections 728.83 and 303 to allow a macro wireless telecommunications services (WTS) facility operated by AT&T Mobility.  The proposed macro WTS facility would feature twelve (12) screened panel antennas; with (9) nine panel antennas placed within a faux rooftop mechanical penthouse, and the remaining (3) three panel antennas placed within individual roof-mounted faux vent pipes. Related electronic equipment would be placed on the roof and in a portion of the first floor. The facility is proposed on a Location Preference 6 Site (Individual Neighborhood Commercial District) within the Castro 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.

(Proposed for Continuance to January 8, 2015)

 

2.                   2011.0919C                                                                                                   (O. MASRY:  (415) 575-9116)

1010 BUSH STREET - at the northwest corner of Bush and Jones Streets, Lot 007 in Assessor’s Block 0276 – Request for Conditional Use Authorization under Planning Code Sections 209.6(b) and 303 to allow a wireless telecommunications services (WTS) facility operated by AT&T Mobility.  The proposed macro WTS facility would feature nine (9) panel antennas on the roof of the existing four-story tall, mixed-use building. Three (3) of the antennas would be mounted behind two (2) new screening enclosures attached to the east facing wall of an existing rooftop penthouse. The remaining six (6) antennas would be mounted on the roof of the existing rooftop penthouse. Related electronic equipment would be located on the roof and in a basement room. The facility is proposed on a Location Preference 5 Site (Preferred Location; Mixed-Use Buildings in High Density Districts) within a RC-4 (Residential-Commercial, High Density) Zoning District, and a 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.

(Proposed for Continuance to January 8, 2015)

 

3.                   2014.1393C                                                                                                  (O. MASRY:  (415) 575-9116)

1135 EVANS AVENUE - at the southwest corner of Evans Avenue and Middle Point Road, Lot 014 in Assessor’s Block 4602A - Request for Conditional Use Authorization under Planning Code Sections 711.83 and 303 to modify an existing wireless telecommunications services (WTS) facility operated by Sprint.  The modified macro WTS facility would allow three (3) additional panel antennas adjacent to three (3) existing panel antennas mounted to Pacific Gas & Electric transmission towers. Related electronic equipment would be located on the transmission towers, and an existing ground-mounted equipment area. The facility is proposed on a Location Preference 1 Site (Preferred Location; Co-Location with Verizon Wireless and T-Mobile) 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.

(Proposed for Continuance to January 8, 2015)   

           

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

 

4.                   2014.1176Q                                                                                                   (L. AJELLO:  (415) 575-9142)

                2438 LAKE STREET  - north side of Lake Street between 25^th and 26^th Avenues; Lot 020 in Assessor’s Block 1333 - Request for Condominium Conversion Subdivision to convert a three-story-over-garage, six-unit building into residential condominiums within a RM-1 (Residential, Mixed, Low 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

                (Continued from Regular Meeting of December 4, 2014)

 

5.                   2014.0610C                                                                                                        (C. GROB: (415) 575-9138)

260 PAGE STREET - at the north side of Page Street east of Laguna Street, Lot 012 in Assessor’s Block 0839 - Request for Conditional Use Authorization under Planning Code Sections 209.1(i) and 303 to permit a dwelling unit density not exceeding one unit for each 200 square feet of lot area. The proposal includes the addition of two studio units within the existing three-story over basement, 9-unit building, resulting in 11 total units. Two doors and four windows would be added to the rear façade of the property, and the railing above the existing garage would be replaced. No additional alterations are proposed. The subject property is located in the Residential Transit-Oriented (RTO) District, and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve with Conditions

 

C.         COMMISSION MATTERS

 

6.             Commission Comments/Questions

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

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

 

D.         DEPARTMENT MATTERS

 

7.             Director’s Announcements

               

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

               

E.         GENERAL PUBLIC COMMENT – 15 MINUTES

 

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

 

F.            REGULAR CALENDAR 

 

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

 

9.             2010.0515E                                                                                                 (R. SCHUETT: (515) 575-9030)

POTRERO HOPE SF PROJECT DRAFT EIR/EIS - South slope of Potrero Hill bounded by Connecticut Street, 26^th Street, Wisconsin Street, 23^rd Street, Texas Street, and 25^th Street; Assessor’s Block/Lots: 4167/004,004A, 4220A, 4222A 4285B, 4223/001, and 4287/001A – Public Hearing on the Draft Environmental Impact Report.  The proposed project includes demolition of the existing 620 public housing units and development of up to 1,700 residential units for a range of income levels, including replacement public housing. The proposed project would also include new vehicle and pedestrian connections, a new street and block layout, new transit stops, and new water, wastewater, and storm water infrastructure, as well as retail, community facilities and open space.  The project site is located in the Residential-Mixed Moderate Density (RM-2) and Public (P) Zoning Districts, and 40-X Height and Bulk District.

Note: Written comments will be accepted at the Planning Department until 5:00 p.m. on January 7, 2015.

Preliminary Recommendation: None – Comments on EIR

 

                10.                                                                                                                                    (P. IKEZOE: (4150 575-9137)

                COMMERCE AND INDUSTRY INVENTORY 2013 - Informational presentation - This 20^th Inventory is one of the Department’s reports on the economy and land use. It contains a 10-year time-series of data for calendar years 2004-2013, including population, labor force, employment, establishments, wages, retails sales, government expenditures and revenues, and building activity. The Inventory is available for the public at the Planning Department and can be downloaded from the website at http://commissions.sfplanning.org/cpcpackets/2013_Commerce_and_Industry_Inventory_FINAL.pdf

Preliminary Recommendation:  None - Informational                                          

 

11.                                                                                                                                     (C. FLORES: (415) 558-6473)

PUBLIC SITES DEVELOPMENT FRAMEWORK - Informational Presentation - Planning and Office of Economic and Workforce Development staff will present an update on the inter-agency strategy to coordinate potential development of selected publicly-owned, underutilized sites.

Preliminary Recommendation:  None - Informational

 

12.          2014.0966T                                                                                           (K. DISCHINGER: (415) 558-6284)

2013 CITYWIDE NEXUS STUDY - Planning Code Amendment to adopt the San Francisco Citywide Nexus Analysis supporting existing development fees, including fees in the Downtown and other Area Plans, to cover impacts of residential and commercial development in the areas of recreation and open space; pedestrian and streetscape improvements; childcare; and bicycle infrastructure; making findings related to all of the fees in Article IV generally and certain development fees supported by the Nexus Analysis specifically; 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

(Continued from Regular Meeting of November 20, 2014)

 

13.          2013.0124X                                                                                                 (E. JACKSON: (415) 558-6363)

1450 15^TH STREET  - at the corner of Shotwell Street, Lot 064 in Assessor’s Block 3549 - Request for Large Project Authorization (LPA), pursuant to Planning Code Section 329, for the new construction of a five-story, 50-foot tall, residential building (approximately 27,620 gsf) with up to 23 dwelling units, 16 off-street 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 (Planning Code Section 136) and; 3) dwelling unit exposure (Planning Code Section 140).  The subject property is located in the Urban Mixed Use (UMU) Zoning District, and 50-X Height and Bulk District.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve with Conditions

 

14a.        2012.1187CBX                                                                                             (B. BENDIX:  (415) 575-9114)

501-505 BRANNAN STREET - south side, between 4^th and 5^th Streets, Lot 038 in Assessor’s Block 3786 - Request for Large Project Authorization pursuant to Planning Code Section 329 to construct a 6-story, 85-foot tall, building with an additional two floors of below grade parking, and containing approximately 153,117 gross square feet in the Mixed-Use Office (MUO) Zoning District and 85-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

 

14b.        2012.1187CBX                                                                                             (B. BENDIX:  (415) 575-9114)

501-505 BRANNAN STREET - south side, between 4^th and 5^th Streets, Lot 038 in Assessor’s Block 3786 - Request for Conditional Use Authorization pursuant to Planning Code Sections 157.1, 303 and 842.41 to establish a commercial parking garage of 14,939 gross square feet in the Mixed-Use Office (MUO) Zoning District and 85-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

 

14c.        2012.1187CBX                                                                                             (B. BENDIX:  (415) 575-9114)

501-505 BRANNAN STREET - south side, between 4^th and 5^th Streets, Lot 038 in Assessor’s Block 3786 - Request for Office Development Authorization pursuant to Planning Code Sections 321 and 842.66, for up to 137,446 gross square feet of office use from the Office Development Annual Limit. The subject property is located in the Mixed-Use Office (MUO) Zoning District and 85-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

 

15.          2010.0401C                                                                                         (M. BOUDREAUX: (415) 575-9140)

625 MONTEREY BOULEVARD - cross Streets Gennessee and Foerster Streets; Lots 043 & 054 in Assessor’s Block 3115 - Request for Planned Unit Development, seeking modifications to the Planning Code for rear yard requirements, and street frontage, per Planning Code Sections 304, 134, 145.1; request for Conditional Use Authorization to expand an existing Safeway grocery store from 19,079 gsf to 44,919 gsf, to merge two lots into one lot measuring approximately 36,187sf, pursuant to Planning Code Section 710.11, for commercial use size of approximately 44,900 gsf, pursuant to Planning Code Section 710.21, for extended hours of operation between 11pm – 2am, pursuant to Planning Code Section 710.27, to allow expansion of existing formula retail grocery store (dba Safeway), and to establish formula retail coffee kiosk (dba Starbucks) inside the store, pursuant to Planning Code Section 703.4. The project site is within a NC-1 (Neighborhood Commercial, Cluster) Zoning District, and 32-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

 

16.          2013.1653C                                                                                                   (S. YOUNG:  (415) 558-6346)

1814 - 1816 ANZA STREET - north side, between 9^th and 10^th Avenue; Lot 018 in Assessor’s Block 1535 - Request for Conditional Use Authorization pursuant to Planning Code Sections 209.3(j) and 303 to convert the ground floor of a three-story, two-family dwelling into meeting space with approximately 1,500 square feet of floor area to be utilized by a religious institution (Canaan Lutheran Church) for bible studies, fellowships, Sunday school, and other church-related activities. Canaan Lutheran Church currently holds its worship services in the church located directly east of the subject property at 479 - 495 9th Avenue, in partnership with Zion Lutheran Church.  The project site is located within a RM-1 (Residential-Mixed, Low-Density) 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 October 23, 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.

               

17.          2014.0544D                                                                                                    (S. VELLVE: (415) 558-6263)

16 & 16A IRIS AVENUE - east side between Euclid Avenue and Mayfair Drive, Lot 028, in Assessor's Block 1043 - Request for Discretionary Review of Building Permit Application No. 2014.04.16.3387 proposing to construct an approximately 10-foot deep, one-story addition at the rear of the three-story, three-unit building. The project originally proposed to merge two of the building’s three dwelling units; however,  the project has been revised to eliminate the dwelling unit merger.  The property is 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 the Project as Revised

(Continued from Regular Meeting of October 9, 2014)

 

18.          2014.1378D                                                                                                 (M. WOODS: (415) 558-6315)

718 WALLER STREET - north side between Divisadero and Scott Streets; Lot 014 in Assessor’s Block 1239 - Request for Discretionary Review of Building Permit Application No. 2014.06.12.8209, proposing to replace portions of the guardrails and to add new windscreens on existing second- and third-story decks at the rear of the three-story, single-family house within a RM-1 (Residential, Mixed, Low Density) 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

 

19.          2013.1590D                                                                                                       (E.TUFFY: (415) 575-9191)

461 27^th STREET - south side between Noe and Sanchez Streets; Lot 033 in Assessor’s Block 6591 - Request for Discretionary Review of Building Permit Application No. 2013.11.21.2535 proposing expansion of the existing single family residence. The project involves raising the existing building 18 inches to add a garage and a full-height lower level, constructing a new dormer on the west roof slope, repairs and replacement-in-kind of exterior wood elements on the cottage, and construction of a new, 3-story addition with a roof deck at the rear of the existing structure. The subject property is 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

(Continued from Regular Meeting of November 13, 2014)

 

20.          2014.0979D                                                                                                    (T. CHANG: (415) 575-9197)

5420 MISSION STREET - north side of Mission Street between Ottawa and Foote Ave.; Lot 001B in Assessor’s Block 7044A - Request for Discretionary Review of an application to operate a Medicinal Cannabis Dispensary d.b.a. SPARC. The project includes tenant improvements proposed under Building Permit Application 2014.0509.5362. The project is located within the Excelsior Outer Mission NCD (Neighborhood Commercial District) and  40-X Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Take Discretionary Review and Approve with Conditions

(Continued from Regular Meeting of October 16, 2014)

NOTE: After hearing, and closing public comment; Continued to December 11, 2014 by a vote of +3 -2 (Antonini, Fong against; Wu, Moore absent)

 

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.