ZONING ADMINISTRATOR

                                          NOTICE OF HEARING ON

                               APPLICATION FOR ZONING VARIANCE

 

 

Notice is hereby given to the general public and to owners of the subject property and other property within 300 feet that an application for variance under the Planning Code as

described below has been filed with the Zoning Administrator and will be considered at a PUBLIC HEARING to be held on the date, time, and place listed on the first page of this Calendar:

 

 

A.          CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

 

The Zoning Administrator will consider a request for continuance to a later date.  He 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.

 

To be continued on Thursday, May 22, 2014, at the regularly scheduled weekly Planning Commission Hearing at City Hall:

 

 (GLENN CABREROS)

1.                                            2010.0931V:   2825 LAKE STREET, Lot 001A in Assessor's Block 1389 in a RH-1(D)(Residential- House, One Family- Detached) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD AND SIDE YARD VARIANCE SOUGHT:  The project proposes new third floor and rear horizontal additions to the existing two-story, single-family house.  A one-story vertical addition above the existing garage structure is also proposed.

PLANNING CODE SECTION 134 requires a rear yard depth equivalent to 25 percent of the lot depth. The project requires an approximately 19 foot rear yard at the greatest depth.  As the existing house and garage structure are within the required rear yard, any expansion of these structures would require a rear yard variance. 

PLANNING CODE SECTION 133 requires two 5-foot side yards at the property.  The existing garage structure is constructed into the western required side yard, and the vertical expansion of the garage structure would require a side yard variance, in addition to the rear yard variance referenced above.   

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2010.0931V.pdf.

 

 

 

To be continued on Wednesday, May 28, 2014, at the regularly scheduled monthly Variance Hearing at City Hall:

 

 (GLENN CABREROS)

2.                                          2013.0554V:  2150 BUSH STREET & 51 WILMOT STREET, Lot 012 in Assessor's Block 0660 in a RH-2 (Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District.

 

MINIMUM LOT AREA AND REAR YARD VARIANCES SOUGHT:  The project proposes a lot subdivision and alterations to both existing buildings on the subject through lot.  A three-story side horizontal addition is proposed to the three-story, single-family house fronting Bush Street. A one-story vertical addition and three-story horizontal addition is proposed to the two-story, single-family house fronting Wilmot Street.  The lot subdivision would result in two lots, one fronting Bush Street and one fronting Wilmot Street, with one building on each lot.

PLANNING CODE SECTION 121 requires a minimum lot size of 2,500 square feet.  The proposed area for the lot fronting Wilmot Street is approximately 1,150 square feet (25' wide x 46' deep).  The proposed area for the lot fronting Bush Street is approximately 2,050 square feet (25' wide x 82 feet deep).

PLANNING CODE SECTION 134 requires each lot to have a rear yard depth equal to 45 percent of the lot depth.  Both existing buildings are legal noncomplying structures with 3 feet of separation between their main rear walls.  As the proposed alterations are within the required rear yards of each proposed new lot, rear yard variances are sought.

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2013.0554V.pdf.

 

(TINA CHANG)

3.                                            2013.1734V:   319 LAIDLEY STREET, Lot 001A in Assessor's Block 6695 in a RH-1 (Residential- House, One Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal is to construct an exterior spiral stair case to extend into the required 15’ setback at the rear.

PLANNING CODE SECTION 134 requires a 15' rear yard for the subject property.  The building has an existing rear yard of 15'. The project proposes to demolish a portion of the existing deck to provide head room for the spiral stair case intended to connect the 2nd level (main living level) to the first at the building's rear. The subject stair case will project approximately 2' into the required rear yard.

 

 

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2013.1734V.pdf.

 

To be continued on Wednesday, August 27, 2014, at the regularly scheduled monthly Variance Hearing at City Hall:

 

(MICHAEL SMITH)

4.                                            2013.1780V:   437 BURNETT AVENUE, Lot 064 in Assessor's Block 2745 in a RH-2 (Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal is to construct a two-story horizontal addition at the rear of the building.  The addition would extend the depth of the building by 11-feet and add approximately seven feet of height to the rear of the building.  The addition will be finished in rain screen wood siding and a hipped green roof.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 41-feet measured from the rear property line.  The existing building already encroaches approximately 10 feet into the required rear yard and the proposed addition will encroach an additional 11 feet into the required rear yard, measuring approximately 20 feet from the rear property line.   Therefore the project requires a rear yard variance.

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2013.1780V.pdf.

 

 

A.      CONSENT CALENDAR

 

All items listed hereunder constitute a Consent Calendar and are considered to be routine by the Zoning Administrator.  There will be no separate discussion of these items unless a member of the public so requests, in which case the matter shall be removed from the Consent Calendar and considered as a separate item at this time or at a future hearing.

 

(DOUG VU)

5.                                            2014.0067V:   91 ST. GERMAIN AVENUE, Lot 076 in Assessor's Block 2721 in a RH-1 (D)(Residential- House, One Family- Detached) Zoning District and a 40-X Height and Bulk District.

 

SIDE YARD VARIANCE SOUGHT:  The proposal includes an approximately 68 sq. ft. rear side addition at the second story of the existing two-story, single-family dwelling. The proposed addition will encroach four-feet two-inches into the required side yard, necessitating a side yard variance.

PER SECTION 133 OF THE PLANNING CODE, the property is required to maintain two side yards each of five feet; therefore, the proposal to construct a rear side addition that encroaches four-feet, two-inches into the west side yard requires a variance.

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014.0067V.pdf.

 

(LILY YEGAZU)

6.                                            2013.0056V:   837 GEARY STREET, Lot 020 in Assessor's Block 0320 in a RC-4(Residential- Commercial, High Density) Zoning District and a 80-T Height and Bulk District.

 

EXPOSURE VARIANCE SOUGHT:  The proposal is to legalize relocation of an existing dwelling unit at the basement level within the existing 40-unit residential structure.

SECTION 140 OF THE PLANNING CODE requires each dwelling unit to face directly onto a qualifying street or a Code-complying rear yard.  The subject dwelling unit does not feature a code-complying rear yard and the new unit does not face directly onto a qualifying street; therefore, the proposal requires a variance.

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2013.0056V.pdf.

 

(SHARON LAI)

7.                                            2013.1612V:    1029 PAGE STREET, Lot 032 in Assessor's Block 1237 in a RM-1(Residential- Mixed, Low Density) Zoning District and a 40-X Height and Bulk District.

 

USABLE OPEN SPACE VARIANCE SOUGHT:  The project proposes to legalize a second dwelling unit in a noncomplying building partially located within the required rear yard of the subject property. A single-family house and an illegal second dwelling unit occupy the three-story building.  A rear yard of 12 feet deep by 19 feet wide is provided and the property's front yard measures approximately 5'-8" feet deep by 9 feet wide.

 

PLANNING CODE SECTION 135 requires 300 square feet of common usable open space for the two dwelling units on the lot and requires that any space credited as common usable open space must be at least 15 feet in every horizontal dimension and have a minimum area of 300 square feet. The common usable open space provided in the front and rear yards totals approximately 286 square feet and does not meet the minimum horizontal dimension.

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2013.1612V.pdf.

 

 

B.      REGULAR CALENDAR

 

(ALEXANDRA KIRBY)

8.                                            2013.1781V:   2374 GREENWICH STREET, Lot 024A in Assessor's Block 0511 in a RH-2(Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal is to legalize an existing 16-foot tall fence at the north east corner of the rear property line of the subject property.  The proposal would also expand the 16-foot tall fence to the east to span the full width of the lot.

PER SECTION 134 OF THE PLANNING CODE, the required rear yard for the subject property is 45 feet. The proposed fence would be located entirely within the required rear yard at the rear property line.  Although Planning Code 136(c)(19) allows a fence up to 10 feet in height within the required rear yard, the proposed fence would exceed the permitted height by 6 feet; therefore, the project requires a variance from Section 134 of the Planning Code.

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2013.1781V.pdf.

 

(BRITTANY BENDIX)

9.                                          2013.0829V:  2476-2478 3RD STREET, Lot 003D in Assessor's Block 4108 in a NCT-2(Neighborhood Commercial Transit-2) Zoning District and a 45-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The project proposes interior renovations and the construction of a deck and stair system in the required rear yard area.

PER SECTION 134 OF THE PLANNING CODE the subject property must provide a rear yard of 20 feet. The existing lot currently has a rear yard of 25 feet. The construction of the rear deck and stairs will result in a rear yard of 14 feet. Therefore, the project requires a variance from the rear yard requirement.

The exterior alterations included in the scope of work are also subject to a Certificate of Appropriateness because the subject building is within the Dog Patch Landmark District. For more information regarding the Certificate of Appropriateness, see Case No. 2013.0829A.

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2013.0829V.pdf.

 

 (CHRISTINE LAMORENA)

10.                                          2013.1361V:   2570 JACKSON STREET, Lot 008 in Assessor's Block 0586 in a RH-1 (Residential- House, One Family) Zoning District and a 40-X Height and Bulk District.

 

FRONT SETBACK AND REAR YARD VARIANCES SOUGHT:  The project proposes to replace approximately 5-foot tall windscreens around a deck above the one-story garage at the front of the property and around a side terrace at the northwest corner towards the rear of the property and to construct a deck with spiral stairs at the rear of the three-story-over-garage, single-family dwelling.

PLANNING CODE SECTION 132 requires a 15-foot deep front setback for the subject property. The existing one-story garage structure is built to the front property line and provides no front setback, so the replacement windscreens above the noncomplying portion at the front of the building would require a front setback variance.

PLANNING CODE SECTION 134 requires an approximately 32-foot deep rear yard, which is equal to 25% of the lot depth. As the existing building extends to within 25 feet of the rear property line and is therefore located partially within the required rear yard, the windscreen replacement around a side terrace at the northwest corner of the lot and construction of the deck and spiral stairs at the rear of the building would require a rear yard variance.

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2013.1361V.pdf.

 

(CHRISTINE LAMORENA)

11.                                          2013.1621V:   3009 JACKSON STREET, Lot 037 in Assessor's Block 0982 in a RH-3 (Residential- House, Three Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The project proposes to construct a vertical addition of approximately 3 feet, replacement and expansion of two rear decks, and remodel the existing units within the three-story-over-garage, two-unit building.

PLANNING CODE SECTION 134 requires an approximately 57-foot deep rear yard, which is equal to 45% of the lot depth. As the existing building extends to within 32 feet of the rear property line and is therefore located partially within the required rear yard, any expansion, including the vertical addition and rear decks, would require a rear yard variance. 

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2013.1621V.pdf.

 

(EILIESH TUFFY)

12.                                          2014.0444V:    12 SANCHEZ STREET, Lot 099 in Assessor's Block 3538 in a RTO (Residential Transit Oriented District) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal is to expand the scope of a prior rear yard variance approval in order to accommodate a fire wall of greater dimensions around three sides of the rear staircase. A new rooftop deck would be accessed by the rear staircase as well as a penthouse stair from the top-floor unit.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 21.25 feet. The proposed expansion of fire walls for the previously approved staircase and a portion of the rooftop deck would be located entirely within the required rear yard up to the rear property line; therefore, the project requires a variance from the rear yard requirement.

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014.0444V.pdf.

 

 (GLENN CABREROS)

13.                                          2013.0423V:    520 EL CAMINO DEL MAR, Lot 013 in Assessor's Block 1308 in a RH-1(D)(Residential- House, One Family- Detached) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD AND SIDE YARD VARIANCES SOUGHT:  The project proposes to raise the existing building 2 feet to allow for two basement levels below the two-story, single-family house.  A two-story rear addition which includes a one-story garage structure along the rear property line is proposed as part of the project.

PLANNING CODE SECTION 133 requires two 5-foot side yards for the subject lot.  Along the west side property line, the existing building encroaches approximately one foot into the required side yard and is a legal noncomplying structure.  The western wall of the project proposes to be aligned with the existing western facade and therefore the project would encroach into the required side yard by approximately one foot.

PLANNING CODE SECTION 134 requires a rear yard depth equal to 25 percent of the total lot depth.  The required rear yard for the subject lot is approximately 36 feet.  The proposed garage structure is proposed to encroach 22 feet into the required rear yard.

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2013.0423V.pdf.

 

(GLENN CABREROS)

14.                                          2014.0157V:   874 FELL STREET, Lot 019 in Assessor's Block 0822 in a RM-1 (Residential- Mixed, Low Density) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The project proposes a side horizontal addition within the footprint of the existing two-story rear structure containing one dwelling unit above a garage.

PLANNING CODE SECTION 134 requires a rear yard equal to 45-percent of the total lot depth. The required rear yard for the subject lot is 45 feet.  The existing two-story structure occupies the last 20 feet of the required rear yard depth for the full width of the lot (45 feet wide); therefore a rear yard variance is required.

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014.0157V.pdf.

 

(KANISHKA BURNS)

15.                                          2014.0430V:   1275 MARKET STREET, Lot 065 in Assessor's Block 3701 in a C-3-G (Downtown-General) Zoning District and a 120-X Height and Bulk District.

 

TRANSPARENCY AND FENESTRATION VARIANCE SOUGHT:  The project proposes a 260 square foot horizontal addition to the third bay at the 9th Street façade by constructing a solid wall with LED art at the ground floor of the existing 16-story building.

PLANNING CODE SECTION 145.1(c)(6) requires that no less than 60% of the street frontage at the ground level be fenestrated with transparent windows and doorways. The existing building provides 59% fenestration/transparency at the 9th Street façade. With the proposed changes, the fenestration/transparency would be reduced to 39% at the 9th Street ground floor elevation. 

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014.0430V.pdf.

 

 

(KEVIN GUY)

16.                                          2013.0883V:   1364 PACIFIC AVENUE, Lot 020 in Assessor's Block 0155 in a PACIFIC(Pacific Avenue Neighborhood Commercial) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD MODIFICATION AND STREET FRONTAGE:  Project proposes to demolish an existing one-story commercial building and construct a four-story building containing one dwelling unit and approximately 900 sf of ground-floor commercial space.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 15 feet at all levels of the building.  The first story of the building would encroach approximately 15 feet into the required rear yard, and the second story would encroach approximately five feet into the required rear yard; therefore, the project requires a modification of the rear yard requirement.

PER SECTION 145.1 OF THE PLANNING CODE no more than approximately 6.5 feet of the street frontage of the building may be devoted to parking ingress. The building would include a curb cut and driveway along Lynch Street that measures approximately 10 feet in width; therefore, the project requires a variance from the requirement for parking entry width.

NOTE: Companion project to 1370 Pacific Ave (Case No. 2013.0884V), with similar design, and same project sponsor and architect.

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2013.0883V.pdf.

 

(KEVIN GUY)

17.                                          2013.0884V:   1370 PACIFIC AVENUE, Lot 021 in Assessor's Block 0155 in a PACIFIC(Pacific Avenue Neighborhood Commercial) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD MODIFICATION AND STREET FRONTAGE VARIANCES SOUGHT:  Project proposes to demolish an existing one-story commercial building and construct a four-story building containing one dwelling unit and 700 sf of ground-floor commercial space.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 15 feet at all levels of the building.  The first story of the building would encroach approximately 15 feet into the required rear yard, and the second story would encroach approximately five feet in the required rear yard; therefore, the project requires a modification of the rear yard requirement.

PER SECTION 145.1 OF THE PLANNING CODE no more than approximately six feet of the street frontage of the building may be devoted to parking ingress. The building would include a curb cut and driveway along Lynch Street that measures approximately eight feet in width; therefore, the project requires a variance from the requirement for parking entry width.

NOTE: Companion project to 1364 Pacific Ave (Case No. 2013.0883V), with similar design, and same project sponsor and architect.

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2013.0884V.pdf.

 

(MARCELLE BOUDREAUX)

18.                                        2014.0285V:     214 CHENERY STREET, Lot 004 in Assessor's Block 6685 in a RH-2 (Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The project involves construction of a new, code-complying two-story rear addition and legalization of an existing portion of the building within the required rear yard.  This variance request refers only to legalization of the existing portion of the building at the northwest which encroaches into the required rear yard of an irregular lot.

PER SECTION 134 OF THE PLANNING CODE, the required rear yard of the subject property is 25% of lot depth, which is approximately 18 feet at the northern part of the property. The existing northwestern rear addition encroaches 7 feet 9 inches into the required rear yard, therefore the project requires a rear yard variance.

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014.0285V.pdf.

 

 (GLENN CABREROS)

19.                                          2013.0465V:   2479 FRANCISCO STREET, Lot 026A in Assessor's Block 0931 in a RH-3(Residential- House, Three Family) Zoning District and a 40-X Height and Bulk District.

 

FRONT SETBACK AND REAR YARD VARIANCES SOUGHT:  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.

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2013.0465V.pdf.

 

 

C.      PUBLIC COMMENT:

 

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

 

The Zoning Administrator will not take action on any item not appearing on the posted agenda, including those items raised at public comment.  In response to public comment, the Zoning Administrator may:

 

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

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

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

 

 

ADJOURNMENT

 

 

 

Hearing Procedures

 

The Zoning Administrator typically holds Variance Hearings on the 4^th Wednesday of each month at 9:30 a.m., at the San Francisco City Hall, Room 408.  City Hall is located at One Dr. Carlton B. Goodlett Place, San Francisco, CA 94102. Hearings are open to the public.

 

At the hearing, the Project Sponsor (Variance Applicant) will be given 5 minutes to present their case, including relevant testimony and evidence. The hearing room is equipped with a projector that can display photographs, architectural plans or other drawings and images. Members of the public will be given 3 minutes each to speak on the item. If a member of the public speaks against an item, the Project Sponsor will be given a 3 minute rebuttal.

 

Persons attending a hearing may comment on any scheduled item. When speaking, please note that a timer is displayed for each speaker and indicates how much time remains. Speakers will hear a loud sound indicating that the speaker’s opportunity to address the Zoning Administrator has ended.

 

Please note that some items may appear on the Consent Calendar. These items are considered routine and may be granted by the Zoning Administrator. There is no separate discussion of consent items unless the Zoning Administrator, member of the public or staff so requests, in which event the matter is removed from the Consent Calendar and will be moved to the Regular Calendar in the Agenda.

 

In addition, the Zoning Administrator may consider a request for continuance to a later date.  He may choose to continue the item to the date proposed, to continue the item to another date, or to hear the item on this calendar.

 

After all of the testimonies are submitted, the Zoning Administrator will consider the evidence, deliberate, and either make a decision, take the matter under advisement, or continue the matter in order for additional information to be presented.

 

Each hearing ends with general public comment, at which time members of the public may address the Zoning Administrator for up to 3 minutes on items of interest to the public that are within the subject matter jurisdiction of the Zoning Administrator, except agenda items. With respect to Agenda items, your opportunity to address the Zoning Administrator will be afforded when the item is reached during the meeting.

 

All Agenda of Variance Hearings and its Audio Recording (from June 2010 to present) are available on our website for access.

 

 

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 Zoning Administrator 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).

 

 

Decision Letter and Appeal Process

 

No decision is final until a Variance Decision Letter is issued. Due to current backlogs, decision letters may take up to 2 months to complete from the date of the hearing. The Zoning Administrator's action to grant or deny a variance application may be appealed to the Board of Appeals within 10 days of the date of the Decision Letter. For more information on how to file an appeal, please contact the Board of Appeals in person at 1650 Mission Street, Suite 304, call (415) 575-6880, or visit the San Francisco Board of Appeals website.

 

 

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 Zoning Administrator’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.

 

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 Zoning Administrator or Planning Commission, at, or prior to, the public hearing.

 

 

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

 

If the Zoning Administrator’s or 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.