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City and County of San Francisco

Notice of Hearing on Application For Zoning Variance
CITY HALL - Room 408, 1 Dr. Carlton B. Goodlett Place

Wednesday, September 24, 2014

Public Hearing - Session Begins at 9:30 A.M

Scott F. Sanchez, Zoning Administrator
Eva Atijera-Taylor, Recording Secretary

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. Any remaining questions concerning this application review process may be answered by the Planning Information Center at (415) 558-6377. Variance Calendars and Audio Recording of the Hearing are available on the Internet at http://www.sfplanning.org

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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.      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.

 

 (MARCELLE BOUDREAUX)

1.            2014.0532V:   265 CASTRO STREET, Lot 036 in Assessor's Block 3561 in a RH-3 (Residential- House, Three Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal seeks to replace, in-kind, existing rear stairs and decks at three levels.

PLANNING CODE SECTION 134 requires a rear yard depth of 34 feet for the subject property. A portion of the decks and stairs proposed for replacement extend approximately 11 feet into the required rear yard; therefore, the project 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/2014.0532V.pdf.

 

 

 

B.      REGULAR CALENDAR

 

(TINA CHANG)

2.            2013.1521V:   22 ORD COURT, Lot 067 in Assessor's Block 2619 in a RH-2

(Residential-House, Two Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal includes the construction of a 42' deep, four-story, 2,959 SF, single-family dwelling at the rear of the property (behind an existing single family dwelling). The proposed dwelling fronts on States Street and includes a garage, 4 bedrooms, 3 bathrooms, 2 powder rooms and deck at the front of the 4th level. A 29'-7" yard would separate the existing and proposed buildings.  While not subject to this variance, a one-story vertical addition is proposed for the existing building at 22 Ord Court.

PER SECTION 134 OF THE PLANNING CODE the property is required to maintain a rear yard equal to 45 percent of the lot depth, or 53'. The proposal is to construct a new single family dwelling at the rear of the property; therefore, a 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/2013.1521V.pdf.

 

(TINA CHANG)

3.            2013.1522V:   24 ORD COURT, Lot 066 in Assessor's Block 2619 in a RH-2

(Residential-House, Two Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal includes the construction of a 39'-3" deep, four-story, 2,793 SF, single-family dwelling at the rear of the property (behind an existing single family dwelling). The proposed dwelling fronts on States Street and includes a garage, 4 bedrooms, 3 bathrooms, 2 powder rooms and deck at the front of the 4th level. A 29'-7" yard would separate the existing and proposed buildings. 

PER SECTION 134 OF THE PLANNING CODE the property is required to maintain a rear yard equal to 45 percent of the lot depth, or 53'. The proposal is to construct a new single family dwelling at the rear of the property; therefore, a 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/2013.1522V.pdf.

 

 (ALEXANDRA KIRBY)

4.            2014.0772V:   3828 JACKSON STREET, Lot 003 in Assessor's Block 0967 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 a horizontal addition, measuring 6' deep, 11'-10" wide, and 15' in height, within the required rear yard of the three-story, single-family house. The addition will be set back 3'-9" from the side (east) property line and approximately 4’-5” from the rear (north) property line.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of 22'-10".  The proposed addition would encroach 6 feet into the required rear yard; therefore, the project requires a variance from the rear yard requirement 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/2014.0772V.pdf.

 

 (ERICA JACKSON)

5.            2007.0213V:    325 BOWDOIN STREET, Lot 026 in Assessor's Block 5884 in a RH-1(D) (Residential- House, One Family-Detached) Zoning District and a 40-X Height and Bulk District.

 

LOT AREA, SIDE SETBACK, REAR YARD & PARKING VARIANCES SOUGHT:  The proposal is to subdivide an existing lot into two lots and construct a new single-family dwelling on the resulting vacant lot fronting Hale Street. The existing single-family dwelling along Cortland Street would remain substantially unchanged.

PER SECTION 121 OF THE PLANNING CODE lots in an RH-1(D) Zoning District must have a minimum lot area of 4,000 square feet.  The subject lot is approximately 5,200 square feet in area.  The lot subdivision will produce two lots, one fronting on Hale Street with approximately 2,630 square feet in area, and one fronting on Bowdoin Street with approximately 2,570 square feet in area.  A lot area variance is required for both lots.

PER SECTION 133 OF THE PLANNING CODE lots within an RH-1(D) Zoning District that are between 40 and 50 feet wide must provide two side yards that are at least 4 feet wide.  The existing structure will provide an approximately 2.5 foot side yard on one side and no side yard on the other side.  The new structure will provide a side yard of 3 feet on one side and 4 feet on the other side.  A side setback variance is required for both lots.

PER SECTION 134 OF THE PLANNING CODE lots within an RH-1(D) Zoning District must provide a rear yard equal to 25% of lot depth, but in no case less than 15 feet.  The rear yard requirement for the lot fronting on Bowdoin Street is 15 feet where approximately 1.5 feet is provided by the existing structure.  The rear yard requirement for the lot fronting on Hale Street is 15 feet where 15 feet is provided.  A rear yard variance is required for the lot fronting on Bowdoin Street.

PER SECTION 150 OF THE PLANNING CODE once a required off-street parking space has been provided which wholly or partially meets the requirements of the Planning Code, such off-street parking space shall not be reduced, eliminated or made unusable.  The existing parking garage providing one off-street parking space for the existing dwelling unit fronting on Bowdoin Street will be demolished.  One required off-street parking space is provided for the dwelling fronting on Hale Street.  A parking variance is required for the lot fronting on Bowdoin Street.

 

 

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/2007.0213V.pdf.

 

 (JEFFREY SPEIRS)

6.          2012.1527V:   349 RICHLAND AVENUE, Lot 077 in Assessor's Block 5721 in a RH-2(Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District.

 

EXPOSURE, REAR YARD & FRONT SETBACK VARIANCES SOUGHT:   The project proposes to legalize several elements of the front building on the lot, including a 546 square foot vertical third floor addition, location of building within front setback and addition of one dwelling unit to the building. The project also proposes to remove an unpermitted third story from the rear building and reconstruct the previous roof form.

PER SECTION 140 OF THE PLANNING CODE, the subject property is required to have windows of each unit face directly on an open area no less than 25 feet in every horizontal dimension, with an increase of five feet in every horizontal dimension at each subsequent floor above the second. The rear yard between the two buildings on the lot does not meet these requirements; therefore, a variance is required.

PER SECTION 242(e)(2) OF THE PLANNING CODE the subject property is required to maintain a required rear yard of 45 percent of lot depth. The existing rear building is located within the required rear yard; therefore, a variance is required to reconstruct the previous roof form for the rear building.

PER SECTION 132 OF THE PLANNING CODE requires a front setback based upon the average of adjacent properties.  The existing front building was constructed partially within the required front setback based upon inaccurate plans; therefore, a variance is required to legalize the structure.

 

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/2012.1527V.pdf.

 

 (KANISHKA BURNS)

7.            2013.0507V:  315 BAY STREET, Lot 040 in Assessor's Block 0041 in a C-2 (Community Business) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The subject four-story with penthouse office building is constructed on a through lot with the structure built to the rear lot line. The project proposes to convert a portion of the fourth floor office suite and penthouse into a dwelling unit.

SECTION 134 OF THE PLANNING CODE requires a minimum rear yard depth of 30 feet measured from the rear property line provided at the level of the dwelling unit. The existing structure is built within the required rear yard; therefore, a 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/2013.0507V.pdf.

 

 (KATE CONNER)

8.          2013.0783V:   26 HODGES ALLEY, Lot 012 in Assessor's Block 0134 in a RH-3 (Residential- House, Three Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal includes a horizontal side addition to the northern property line at the first and second floors which encroaches into the rear yard setback. The proposed 3’-0” deep side addition encloses an existing stairway and extends approximately 5’-6” beyond the adjacent neighbor to the north and spans approximately 16’-0” but does not increase the overall building depth. The proposal also includes a third floor vertical addition to an existing two-story, single-family residence; however, this addition does not require a variance.

PLANNING CODE SECTION 134 requires a minimum rear yard of 28'-4". Currently, the subject site has a noncomplying 9-inch rear yard and the proposed side horizontal addition would be located within the required rear yard. The proposed third floor addition complies with 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/2013.0783V.pdf.

 (LAURA AJELLO)

9.              2014.0649V:    443 BRODERICK STREET, Lot 004 in Assessor's Block 1205 in a RH-3 (Residential- House, Three Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal is to legalize non-conforming decks and stairs constructed without permit at the rear of the 1st, 2nd and 3rd floors of the 3-story, 3-family dwelling.  

SECTION 134 OF THE PLANNING CODE requires a minimum rear yard depth of 24’-3”.  The decks & stairs proposed to be legalized extend 5'-6" 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/2014.0649V.pdf.

 

 (MARCELLE BOURDREAUX)

10.          2014.0642V:    1516 MASONIC AVENUE, Lot 034 in Assessor's Block 2616 in a RH-2 (Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal seeks to reconfigure an existing rear addition, add and enlarge dormers at the rear of the house, demolish the existing deck and stair structures, and conduct minor façade alterations.

PLANNING CODE SECTION 134 requires a rear yard depth of 45 feet for the subject property. The proposed dormer work, which includes enlarging an existing dormer and adding a new dormer, is proposed at a portion of the existing roof that encroaches 3 feet into the required rear yard.  Additionally, the project proposes a two-story, rear horizontal addition extending 12 feet from the main wall of the existing building into the required rear yard.  Both the proposed dormer windows and rear horizontal addition require variances.

 

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/2014.0642V.pdf.

 

(RICHARD SUCRE)

11.          2014.1022V:   208 PENNSYLVANIA STREET, Lot 053 in Assessor's Block 4000 in a UMU (Urban Mixed Use) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD, OPEN SPACE, EXPOSURE & DWELLING UNIT MIX VARIANCES SOUGHT:  The proposed project includes establishment of 4 dwelling units.  The project would result in a total of 22 live/work units and 4 dwelling units.

PER SECTION 134 OF THE PLANNING CODE, the subject property is required to maintain a rear yard of 25-feet on floors with dwelling units.  Currently, the existing building occupies a majority of the subject lot and encroaches into the required rear yard; therefore, legalization of the dwelling units requires a rear yard variance.

PER SECTION 135 OF THE PLANNING CODE, the subject property is required to provide at least 80 square feet of useable open space per dwelling unit.  Currently, the project does not provide adequate useable open space for all dwelling units proposed for legalization; therefore, a useable open space variance is required.

PER SECTION 140 OF THE PLANNING CODE, all dwelling units must directly face an open area, public street or public alley at least 25-feet wide. Up to 4 of the dwelling units proposed for legalization do not directly face onto an open area, public street or public alley at least 25-feet wide; therefore, an exposure variance is required.

PER SECTION 207.6 OF THE PLANNING CODE, the proposal must provide a dwelling unit mix of 40% 2 bedrooms or 30% 3 bedrooms.  The proposed unit mix does not comply with this requirement; therefore, a 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/2014.1022V.pdf.

 

 (RICHARD SUCRE)

12.          2014.1021V:   530, 542, & 548 BRANNAN STREET, Lot 073 in Assessor's Block 3777 in a RED (South Of Market Residential Enclave) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD, OPEN SPACE, EXPOSURE, & UNIT MIX VARIANCES SOUGHT:  The project includes establishment of 27 dwelling units.  The project would result in: 32 live/work units and 10 dwelling units at 530 Brannan Street; 36 live/work units and 9 dwelling units at 542 Brannan Street; and, 34 live/work units and 8 dwelling units at 548 Brannan Street.

PER SECTION 134 OF THE PLANNING CODE, the subject property is required to maintain a rear yard of 25-feet.  The existing building occupies the majority of the subject lot and encroaches into the required rear yard.  Legalization of the dwelling units in the building requires a rear yard variance.

PER SECTION 135 OF THE PLANNING CODE, the subject property is required to provide at least 80 square feet of useable open space per dwelling unit.  Currently, the project does not provide adequate useable open space for the dwelling units; therefore, a useable open space variance is required.

PER SECTION 140 OF THE PLANNING CODE, all dwelling units must directly face an open area, public street or public alley at least 25-feet wide. The proposal would legalize up to twenty dwelling units which do not meet the exposure requirements; therefore, an exposure variance is required.

PER SECTION 207.6 OF THE PLANNING CODE, the proposal must provide a dwelling unit mix of 40% 2 bedrooms or 30% 3 bedrooms.  The proposed unit mix does not comply with this requirement; therefore, a 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/2014.1021V.pdf.

 

(SARA VELLVE)

13.          2012.0907V:    74 BLAKE STREET, Lot 004 in Assessor's Block 1068 in a RH-2 (Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD AND EXPOSURE VARIANCES SOUGHT:  The project proposes to demolish and reconstruct a noncomplying, two-story, single-family house located at the rear of the subject lot.  A three-story, two-unit building occupies the front portion of the lot and is not proposed to be altered.

PLANNING CODE SECTION 134 requires a rear yard of approximately 53 feet for the subject property, measured from the rear property line. The single-family dwelling proposed to be reconstructed would encroach into the required rear yard and project to within approximately 6 feet of the rear property line. The depth between the building located at the front of the property and the proposed building at the rear ranges from approximately 16 to 18 feet.

PLANNING CODE SECTION 140 requires that each dwelling unit face either a street or alley at least 25 feet in width, a code-complying rear yard, or a sufficient open area. The proposed single-family dwelling at the rear of the lot would not meet this 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/2012.0907V.pdf.

 

(SHARON YOUNG)

14.          2013.1801V:    1391 - 14TH AVENUE, Lot 019 in Assessor's Block 1769 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 garden room/shed (approximately 15’ wide by 10’ deep by 13’ high) within the required rear yard of the two-story, single-family dwelling.  The structure will be set back approximately 5 feet from each side property line and approximately 1’-6” from the rear property line. 

SECTION 134 OF THE PLANNING CODE requires the subject property to maintain a rear yard of 45 feet. The proposed garden room/shed would be located entirely within the required rear yard; therefore, the project requires a variance from the rear yard requirement 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/2013.1801V.pdf.

 

(TOM WANG)

15.          2013.1269V:    129 DE SOTO STREET, Lot 010 in Assessor's Block 6920 in a RH-1 (D)(Residential- House, One Family- Detached) Zoning District and a 40-X Height and Bulk District.

 

SIDE YARD AND REAR YARD VARIANCES SOUGHT:  The proposed work is to construct an independent one-story garage structure on the southwest corner of the subject lot. The proposed garage, which would replace an existing parking pad along the south side lot line, would be 16 feet wide, 34 feet deep, 10 feet 6 inches tall and would provide two parking spaces in a tandem fashion. 

PER SECTION 133 OF THE PLANNING CODE, the subject lot is required to maintain a 5 feet side yard along the south side lot line. The proposed garage structure would encroach 1 foot into the required side yard to within 4 feet of the south side line.

PER SECTION 134 OF THE PLANNING CODE, the subject lot is required to maintain a minimum rear yard depth of 30 feet, measured from the mid-point of the rear property line. The proposed garage structure would encroach 28 feet into the required rear yard to within 2 feet of the rear property line.

 

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/2013.1269V.pdf.

 

(TOM WANG)

16.          2013.1120V:    4366 - 17TH STREET, Lot 019 in Assessor's Block 2646 in a RH-2 (Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposed work to the existing two-story over basement, single-family dwelling includes (1) alterations to the front façade; (2) development of the attic space at the front of the second floor to be habitable space; and (3) replacement of the current roof with a new roof to increase the ceiling height on the second floor. Only item (3) requires a variance.

PER SECTION 134 OF THE PLANNING CODE, the subject property is required to maintain a minimum rear yard depth of 39 feet 5 inches, measured from the rear property line. The replacement of the current roof with a new roof to increase the ceiling height on the second floor would encroach 20 feet into the required rear yard to within 19 feet 5 inches of the rear property line.  The proposed work is within the existing building footprint.

 

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/2013.1120V.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 4th 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.

 

Last updated: 9/18/2014 3:37:09 PM