SAN FRANCISCO
PLANNING COMMISSION
Notice of Hearing and Agenda
Commission Chambers, Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
Thursday, June 26, 2014
12:00pm
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.
[Ordinance, Accessibility and Language details - click here]
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 ng Komisyon ng Pagpaplano. Para sa tulong sa lengguwahe o para humiling ng 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. 2013.0627BC (R. SUCRE: (415) 575-9108)
660 3RD STREET - located between Brannan and Townsend Streets, Lot 008 in Assessor’s Block 3788 - Request for an Office Development Authorization under Planning Code Section 321 to establish up to 80,000 gsf of office space within the South End Landmark District, SLI (Service/Light Industrial) Zoning District and 65-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.
Preliminary Recommendation: Approve with Conditions
(Continued from Regular Meeting of May 1, 2014)
NOTE: On May 1, 2014, After being pulled off of Consent, closing public comment and a Motion to Approve with Conditions failed to receive a Second; the matter was Continued to June 12, 2014 by a vote of +6 -1 (Sugaya against).
Proposed for Continuance to August 14, 2014
B. CONSENT CALENDAR
All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and may be acted upon by a single roll call vote of the Commission. There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing.
2. 2014.0225C (S. VELLVE: (415) 558-6263)
1998 POLK STREET - located between Pacific and Jackson, Assessor’s Block 0596, Lot 024. Request for Conditional Use authorization to allow a change of use from a Limited Restaurant to a Restaurant (d.b.a. Belcampo), which will operate as a Bona Fide Eating Place, pursuant to Planning Code Sections 303, 723.44, and 790.91 The property is located in the Polk Street Neighborhood Commercial District, and a 65-A Height and Bulk District.
(Continued from Regular Meeting of June 12, 2014)
C. COMMISSION MATTERS
3. Consideration of Adoption:
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.
4. Commission Comments/Questions
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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
5. Director’s Announcements
6. Review of Past Events at the Board of Supervisors, Board of Appeals and Historic Preservation Commission
7. 2008.1971CEKX (C. GROB: (415) 575-9138)
942 MISSION STREET – Informational Item – Presentation of the 1% Public Art Requirement for a newly constructed hotel. The hotel was approved on December 16, 2010.
8. 2008.0762EMZC (K. CONNER: (415) 575-6914)
835-845 JACKSON STREET- CHINESE HOSPITAL - Informational Item - Final design for the proposed hospital. The hospital was approved by the Planning Commission on July 12, 2012.
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
9. 2007.0168C (M. SNYDER: (415) 575-6891)
THE 22.5-ACRE HUNTERS VIEW PUBLIC HOUSING DEVELOPMENT: Middle Point and West Point Roads and Wills and Hare Street, Lots 003, 004, and 009 in Block 4624 and an adjacent vacant property, a portion of Keith Street, Lot 027 in Block 4720 - Informational Presentation on Phase II Block 10 for the proposed project approved under Planned Unit Development / Conditional Use Case No. 2007.0168C. The Project in its entirety consists of demolishing and replacing all of the existing Housing Authority units and constructing additional units resulting in approximately 800 dwelling units, 6,400 square feet of resident-serving commercial uses, 21,600 square feet of residential care and other supportive services, along with new streets, parks, and other open space. Phase II includes the build out of two additional development blocks, about six blocks of new roadway, along with other public improvements. Block 10 would include 72 dwelling units and 18-off street parking spaces, and a child care center. This informational presentation is required as a Condition of Approval, Planning Commission Motion No. 17621. The subject site is within a RM-1 (Residential, Mixed, Low-Density) District, the Hunters View Special Use District, and 40/65-X Height and Bulk District.
Staff Recommendation: None - Informational
10. 2005.0694U (M. SNYDER: (415) 575-6891)
2558 MISSION STREET In-Kind Agreement - Approving an impact fee waiver for 2558 Mission Street in the amount of $520,000 to provide streetscape improvements on Bartlett Street between 21st and 22nd Streets for streetscape pergola structures based on the completion of an In-Kind Agreement between the Project Sponsor and the City; making environmental finding and findings of consistency with the General Plan and the eight priority policies of the Planning Code Section 101. These improvements were identified in the Mission District Streetscape Master Plan and would be provided to satisfy a portion of project's impacts fees, subject to the Eastern Neighborhoods Area Plan.
Preliminary Recommendation: Approve
11a. 2011.0477CV (D. VU: (415) 575-9120)
1900 19th AVENUE - east side of 19th Avenue at Ortega Street; Lot 028 in Assessor’s Block 2116, and north side of Ortega Street between 18th and 19th Avenues; Lot 019A in Assessor’s Block 2055 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 157, 303, 703.4, 710.21, and 710.56 to establish a Formula Retail pharmacy store (d.b.a. CVS Pharmacy) by expanding the existing vacant building from 16,682 gross square feet to 17,920 gross square feet, and to convert the existing vacant lot directly across Ortega Street to an automobile parking lot, all within a NC-1 (Neighborhood Commercial, Cluster) District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.
Preliminary Recommendation: Approve with Conditions
11b. 2011.0477CV (D. VU: (415) 575-9120)
1900 19th AVENUE - east side of 19th Avenue at Ortega Street; Lot 028 in Assessor’s Block 2116, and north side of Ortega Street between 18th and 19th Avenues; Lot 019A in Assessor’s Block 2055 - Request for a Variance from the required off-street freight loading space (Planning Code Section 152) for the proposed 17,920 gross square foot Formula Retail pharmacy store (d.b.a. CVS Pharmacy) within a NC-1 (Neighborhood Commercial, Cluster) District and 40-X Height and Bulk District.
12. 2012.0903CEK (K. CONNER: (415) 575-6914)
580 HAYES STREET - northeast corner of Hayes and Laguna Streets; Lot 010 in Assessor’s Block 0807 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 121.1 and 303 to allow development of a lot larger than 10,000 square feet in the Hayes-Gough Street Neighborhood Commercial Transit District. The project includes the demolition of an existing single-story, 6,345 square-foot commercial building and a 1,160 square-foot parking lot with four spaces. The project includes the construction of a new 5-story mixed-use building with 29 residential units, 8,000 square feet ground floor retail space including up to three Restaurant uses, and a basement-level parking garage for 20 parking spaces. The project site is located within the Hayes-Gough NCT (Hayes-Gough Street Neighborhood Commercial Transit) District Zoning District and 55-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.
Preliminary Recommendation: Approve with Conditions
13. 2012.10453CE (M. WOODS: (415) 558-6315)
2322 LOMBARD STREET - north side between Pierce and Scott Streets; Lot 010 in Assessor’s Block 0489 - Request for Conditional Use Authorization pursuant to Planning Code Sections 121.2, 303(c), 303(g), 307(i), 317, 712.21 and 712.55 to allow the conversion of use from a motel to a tourist hotel (d.b.a. America’s Best Value Inn and Suites Golden Gate), to allow a use size exceeding 6,000 square feet, to legalize the conversion of two dwelling units to guest rooms, and to reduce the off-street parking requirement. The proposal includes horizontal and vertical additions to the existing three-story building. The gross floor area would increase from approximately 17,800 square feet to 26,800 square feet. The number of guest rooms would increase from 36 to 60 rooms. The project would provide up to 42 parking spaces while a total of 48 spaces are required within a NC-3 (Moderate-Scale Neighborhood Commercial) Zoning District, and 40-X Height and Bulk District. A Planning Commission approval at the public hearing would constitute the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).
Preliminary Recommendation: Approve with Conditions
G. 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.
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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:
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A thorough description of the issue(s) by the Director or a member of the staff.
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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.
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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.
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Public testimony from proponents of the proposal: An individual may speak for a period not to exceed three (3) minutes.
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Public testimony from opponents of the proposal: An individual may speak for a period not to exceed three (3) minutes.
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Director’s preliminary recommendation must be prepared in writing.
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Action by the Commission on the matter before it.
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In public hearings on Draft Environmental Impact Reports, all speakers will be limited to a period not to exceed three (3) minutes.
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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.
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Public comment portion of the hearing shall be closed and deliberation amongst the Commissioners shall be opened by the Chair;
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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:
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A thorough description of the issue by the Director or a member of the staff.
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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.
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Testimony by members of the public in support of the DR would be up to three (3) minutes each.
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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.
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Testimony by members of the public in support of the project would be up to three (3) minutes each.
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DR requestor(s) or their designees are given two (2) minutes for rebuttal.
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Project sponsor(s) or their designees are given two (2) minutes for rebuttal.
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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
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Case Suffix
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Appeal Period*
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Appeal Body
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Office Allocation
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B
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15 calendar days
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Board of Appeals**
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Conditional Use Authorization and Planned Unit Development
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C
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30 calendar days
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Board of Supervisors
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Building Permit Application (Discretionary Review)
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D
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15 calendar days
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Board of Appeals
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EIR Certification
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E
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30 calendar days
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Board of Supervisors
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Coastal Zone Permit
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P
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15 calendar days
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Board of Appeals
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Planning Code Amendments by Application
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T
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30 calendar days
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Board of Supervisors
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Variance (Zoning Administrator action)
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V
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10 calendar days
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Board of Appeals
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Permit Review in C-3 Districts, Downtown Residential Districts and Large Project Authorization in Eastern Neighborhoods
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X
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15 calendar days
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Board of Appeals
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Zoning Map Change by Application
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Z
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30 calendar days
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Board of Supervisors
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* 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
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.