SAN FRANCISCO
PLANNING COMMISSION
Notice of Hearing
&
Agenda
Commission Chambers, Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
Thursday, April 10, 2014
12:00 p.m.
Regular Meeting
Commissioners:
Cindy Wu, President
Rodney Fong, Vice President
Michael Antonini, Gwyneth Borden, Rich
Hillis, Kathrin Moore, Hisashi Sugaya
Commission Secretary:
Jonas P. Ionin
Hearing
Materials are available at:
Website: http://www.sfplanning.org
Planning Department,
1650 Mission Street, 4th Floor, Suite 400
Planning Information
Center, 1660 Mission Street, 1st Floor
Voice recorded Agenda
only: (415) 558-6422
Commission
Hearing Broadcasts:
Live stream: http://www.sfgovtv.org
Live, Thursdays at
12:00 p.m., Cable Channel 78
Re-broadcast, Fridays at 8:00 p.m., Cable
Channel 26
Disability and language accommodations available
upon request to:
commissions.secretary@sfgov.org or
(415) 558-6309 at least 48 hours in advance.
Know
Your Rights Under the Sunshine Ordinance
Government's duty is to serve
the public, reaching its decisions in full view of the public.
Commissions, boards, councils and other agencies of the City and County exist
to conduct the people's business. This ordinance assures that
deliberations are conducted before the people and that City operations are open
to the people's review.
Members
of the public are not required to provide personal identifying information when
they communicate with the Commission or the Department. All written or oral
communications, including submitted personal contact information, may be made
available to the public for inspection and copying upon request and may appear
on the Department’s website or in other public documents.
For more information on your
rights under the Sunshine Ordinance (Chapter 67 of the San Francisco
Administrative Code) or to report a violation of the ordinance, contact the
Sunshine Ordinance Task Force at City Hall, 1 Dr. Carlton B. Goodlett Place,
Room 409; phone (415) 554-7724; fax (415) 554-7854; or e-mail at sotf@sfgov.org.
Copies of the Sunshine
Ordinance can be obtained from the Clerk of the Sunshine Task Force, the San
Francisco Library and on the City’s website at www.sfbos.org/sunshine.
San Francisco
Lobbyist Ordinance
Individuals
and entities that influence or attempt to influence local legislative or
administrative action may be required by the San Francisco Lobbyist Ordinance
[SF Campaign and Governmental Conduct Code Section 21.00-2.160] to register and
report lobbying activity. For more information about the Lobbyist
Ordinance, please contact the San Francisco Ethics Commission at 25 Van Ness
Avenue, Suite 220, San Francisco, CA 94102; phone (415) 252-3100; fax (415) 252-3112;
and online http://www.sfgov.org/ethics.
Accessible Meeting Information
Commission
hearings are held in Room 400 at City Hall, 1 Dr. Carlton B. Goodlett Place in
San Francisco. City Hall is open to the public Monday through Friday from 8:00
a.m. to 8:00 p.m. and is accessible to persons using wheelchairs and other
assistive mobility devices. Ramps are available at the Grove, Van Ness and
McAllister entrances. The wheelchair lift at the Polk Street entrance is
currently under repair.
Transit:
The
nearest accessible BART station is Civic Center. Accessible MUNI Metro lines
are the F, J, K, L, M, N, T (exit at Civic Center or Van Ness stations). MUNI
bus routes also serving the area are the 5, 6, 9, 19, 21, 47, 49, 71, and 71L.
For more information regarding MUNI accessible services, call (415) 701-4485 or
call 311.
Parking:
Accessible
parking is available at the Civic Center Underground Parking Garage (McAllister
and Polk), and at the Performing Arts Parking Garage (Grove and Franklin).
Accessible curbside parking spaces are located all around City Hall.
Disability
Accommodations: To
request assistive listening devices, sign language interpreters, readers, large
print agendas or other accommodations, please contact the Commission Secretary
at (415) 558-6309, or commissions.secretary@sfgov.org at
least 48 hours in advance of the hearing.
Language
Assistance:
To request an interpreter for a specific case during the hearing, please
contact the Commission Secretary at (415) 558-6309, or commissions.secretary@sfgov.org at
least 48 hours in advance of the hearing.
Allergies: In
order to assist the City in accommodating persons with severe allergies,
environmental illness, multiple chemical sensitivity or related disabilities,
please refrain from wearing scented products (e.g. perfume and scented lotions)
to Commission hearings.
SPANISH:
Agenda
para la Comisión de Planificación. Si
desea asistir a la audiencia, y quisiera obtener información en Español o
solicitar un aparato para asistencia auditiva, llame al 415-558-6309. Por favor
llame por lo menos 48 horas de anticipación a la audiencia.
CHINESE:
規劃委員會議程。聽證會上如需要語言協助或要求輔助設備，請致電415-558-6309。請在聽證會舉行之前的至少48個小時提出要求。
TAGALOG:
Adyenda
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Pantulong na Kagamitan para sa Pagdinig (headset), mangyari lamang na tumawag
sa 415-558-6309. Mangyaring tumawag nang maaga (kung maaari ay 48 oras)
bago sa araw ng Pagdinig.
RUSSIAN:
Повестка
дня
Комиссии
по
планированию.
За
помощью
переводчика
или
за
вспомогательным
слуховым
устройством
на
время
слушаний
обращайтесь
по
номеру
415-558-6309.
Запросы
должны
делаться
минимум
за
48 часов
до
начала
слушания.
ROLL
CALL:
President: Cindy
Wu
Vice-President: Rodney
Fong
Commissioners:
Michael J. Antonini; Gwyneth Borden; Rich Hillis;
Kathrin
Moore; Hisashi Sugaya
A.
CONSIDERATION
OF ITEMS PROPOSED FOR CONTINUANCE
The
Commission will consider a request for continuance to a later date. The
Commission may choose to continue the item to the date proposed below, to
continue the item to another date, or to hear the item on this calendar.
1. 2013.0936U
(K.
BURNS (415) 575-9112)
FORMULA
RETAIL CONTROLS TODAY AND TOMORROW - Informational
Presentation – Ted Egan, Ph.D Chief Economist of the Office of Economic
Analysis at the City and County of San Francisco’s Office of the Controller
will present his report “Expanding Formula Retail Controls: Economic Impact
Report” which was released on February 12, 2014. This report was prepared in
response to a proposed ordinance (Board File No.130788), introduced by Supervisor
Mar, which would expand formula retail controls in San Francisco.
Preliminary
Recommendation: None – Informational
(Continued
from Regular Meeting of March 27, 2014)
(Proposed
for Continuance to May 15, 2014)
2a. 2013.0465D
(G. CABREROS: (415) 558-6169)
2479
FRANCISCO STREET
- south side between Baker and Broderick Streets; Lot 026A in Assessor’s Block
0931 - Request for Discretionary Review of Building Permit Application
No. 2013.04.09.4047, proposing facade alterations and construction of a new
third floor, a side horizontal addition at the front entry stairs and a rear
horizontal addition to the existing two-story, single-family residence in a
RH-3 (Residential, House, Three-Family) Zoning District and 40-X Height and Bulk
District. This action constitutes the Approval Action for the project for
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
(Proposed
for Continuance to May 1, 2014)
2b. 2013.0465V
(G. CABREROS: (415) 558-6169)
2479
FRANCISCO STREET
- Lot 026A in Assessor’s Block 0931 in a RH-3 (Residential, House, Three-Family)
Zoning District and 40-X Height and Bulk District. The project proposes
facade alterations and construction of a new third floor, a side horizontal
addition at the front entry stairs and a rear horizontal addition to the
existing two-story, single-family residence. Planning Code Section 132
requires an approximately 6-foot front setback at the project. The
existing building has no front setback, so additions to the noncomplying
portion at the front of the building would require a front setback
variance. The new 3rd floor is proposed to project 3 feet into the
required front setback. Planning Code Section 134 requires an
approximately 16-foot deep rear yard for the subject property, which is equal
to 25% of the lot depth. The existing building has a rear yard of approximately
17 feet. The project proposes a one-story (14' wide) horizontal addition
that would project approximately 13 feet into the required rear yard. Proposed
for continuance to Wednesday, April 23, 2014. The proposed April 23rd
hearing date is to allow for a continuance of the variance case to the regular
Variance Hearing held by the Zoning Administrator. The April 23rd
hearing will be held at 9:30 AM in City Hall, 1 Dr. Carlton B. Goodlett Place,
Room 408.
(Proposed
for Continuance to April 24, 2014)
B. CONSENT
CALENDAR
All
matters listed hereunder constitute a Consent Calendar, are considered to be
routine by the Planning Commission, and may be acted upon by a single roll call
vote of the Commission. There will be no separate discussion of these items
unless a member of the Commission, the public, or staff so requests, in which
event the matter shall be removed from the Consent Calendar and considered as a
separate item at this or a future hearing
3. 2014.0119Q
(K. BURNS: (415) 575-9112)
1440
– 1450 FILBERT STREET
– –
north side between Polk Street and Van Ness Avenue; Lot 043 in Assessor’s Block
0523 – Request for Condominium Conversion Subdivision to convert a
four-story, six-unit building into residential condominiums within a RM-3
(Residential-Mixed, Medium Density) Zoning District and 65-A Height and Bulk
District. This action constitutes the Approval Action for the project for
the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco
Administrative Code.
Preliminary
Recommendation: Approve
4. 2013.1446Q
(J. SPEIRS: (415) 575-9106)
330-340 SAN JOSE AVENUE - west
side of San Jose Avenue between 25th and 26th Streets; Lot 010 in Assessor’s
Block 6532 - Request for Condominium Conversion Subdivision to convert a
three-story, six-unit building into residential condominiums within a RM-2
(Residential, Mixed, Moderate Density) Zoning District and 40-X Height and Bulk
District. This action constitutes the Approval Action for the project for the
purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco
Administrative Code.
Preliminary
Recommendation: Approve
C. COMMISSION
MATTERS
5. Consideration
of Adoption:
·
Draft Minutes for March 27, 2014
Adoption
of Commission Minutes
– Charter Section 4.104 requires all commissioners to vote yes or no on all
matters unless that commissioner is excused by a vote of the Commission.
Commissioners may not be automatically excluded from a vote on the minutes
because they did not attend the meeting.
6. Commission
Comments/Questions
·
Inquiries/Announcements.
Without discussion, at this time Commissioners may make announcements or
inquiries of staff regarding various matters of interest to the
Commissioner(s).
·
Future
Meetings/Agendas.
At this time, the Commission may discuss and take action to set the date of a
Special Meeting and/or determine those items that could be placed on the agenda
of the next meeting and other future meetings of the Planning Commission.
D. DEPARTMENT
MATTERS
7. Director’s
Announcements
8. Review
of Past Events at the Board of Supervisors, Board of Appeals and Historic
Preservation Commission
E. GENERAL PUBLIC
COMMENT – 15 MINUTES
At
this time, members of the public may address the Commission on items of
interest to the public that are within the subject matter jurisdiction of the
Commission except agenda items. However, for items where public comment is
closed this is your opportunity to address the Commission. With respect to all
other 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. 2014.0252C
(L. AJELLO: (415) 575-9142)
3571
SACRAMENTO STREET
- south side between Locust and Laurel Streets; Lot 023 of Assessor’s Block
1019 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 724.52, to
convert vacant commercial space previously occupied by a retail store (d.b.a.
Philanthropist) into a hair salon (personal service use d.b.a. Cherry Blow Dry
Bar) on the ground floor of a two-story commercial building within the
Sacramento 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: Approve with Conditions
(Continued
from Regular Meeting of April 3, 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.
10. 2013.1481D
(K.
BURNS: (415) 575-9112)
765 MARKET STREET 22A AND 22B - south side of Market
Street, between Third and Fourth Streets; Lots 127 and 128 in Assessor’s Block
0121A - Mandatory Discretionary Review, pursuant to Planning Code
Section 317(e), of Building Permit Application Nos. 2014.03.11.0443 and
2014.03.11.0437, proposing to make interior modifications to merge two dwelling
units into one unit, resulting in the elimination of one unit in an existing
139-unit building within a C-3-R (Downtown-Retail) Zoning District and 400-X
and 400-I 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: Take Discretionary Review and Disapprove
H. PUBLIC
COMMENT
At
this time, members of the public may address the Commission on items of
interest to the public that are within the subject matter jurisdiction of the
Commission except agenda items. With respect to agenda items, your opportunity
to address the Commission will be afforded when the item is reached in the
meeting with one exception. When the agenda item has already been reviewed in
a public hearing at which members of the public were allowed to testify and the
Commission has closed the public hearing, your opportunity to address the
Commission must be exercised during the Public Comment portion of the
Calendar. Each member of the public may address the Commission for up to three
minutes.
The
Brown Act forbids a commission from taking action or discussing any item not
appearing on the posted agenda, including those items raised at public
comment. In response to public comment, the commission is limited to:
(1)
responding to statements made or questions posed by members of the public; or
(2)
requesting staff to report back on a matter at a subsequent meeting; or
(3)
directing staff to place the item on a future agenda. (Government Code Section
54954.2(a))
Adjournment
Hearing
Procedures
The
Planning Commission holds public hearings regularly, on most Thursdays. The
full hearing schedule for the calendar year and the Commission Rules &
Regulations may be found online at: www.sfplanning.org.
Public Comments: Persons
attending a hearing may comment on any scheduled item.
v When
speaking before the Commission in City Hall, Room 400, please note the timer
indicating how much time remains. Speakers will hear two alarms. The first
soft sound indicates the speaker has 30 seconds remaining. The second louder
sound indicates that the speaker’s opportunity to address the Commission has
ended.
Sound-Producing
Devices Prohibited: The ringing of and use of mobile phones and other
sound-producing electronic devices are prohibited at this meeting. Please
be advised that the Chair may order the removal of any person(s) responsible
for the ringing or use of a mobile phone, pager, or other similar
sound-producing electronic devices (67A.1 Sunshine Ordinance: Prohibiting
the use of cell phones, pagers and similar sound-producing electronic devices
at and during public meetings).
For most cases (CU’s,
PUD’s, 309’s, etc…) that are considered by the Planning Commission, after being
introduced by the Commission Secretary, shall be considered by the Commission
in the following order:
- A
thorough description of the issue(s) by the Director or a member of the
staff.
- 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.
- 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.
- Public
testimony from proponents of the proposal:
An individual may speak for a period not to exceed three (3) minutes.
- Public
testimony from opponents of the proposal: An individual
may speak for a period not to exceed three (3) minutes.
- Director’s
preliminary recommendation must be prepared in writing.
- Action
by the Commission on the matter before it.
- 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.
- 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.
