SAN FRANCISCO
PLANNING COMMISSION
Notice of Hearing
&
Agenda
Commission Chambers, Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
Thursday, September 18, 2014
12:00 p.m.
Regular Meeting
Commissioners:
Cindy Wu, President
Rodney Fong, Vice President
Michael Antonini, Rich Hillis, Christine
Johnson, Kathrin Moore, Dennis Richards
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
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ROLL CALL:
President: Cindy
Wu
Vice-President: Rodney
Fong
Commissioners:
Michael J. Antonini; Rich Hillis; Christine Johnson
Kathrin
Moore; Dennis Richards
A.
CONSIDERATION
OF ITEMS PROPOSED FOR CONTINUANCE
The
Commission will consider a request for continuance to a later date. The
Commission may choose to continue the item to the date proposed below, to
continue the item to another date, or to hear the item on this calendar.
1. 2014.0377C
(J. SPEIRS: (415) 575-9106)
2861-2865
SAN BRUNO AVENUE
- east side between Wayland Street and Woolsey Street, Lot 022 in Assessor’s
Block 5457 - Request for Conditional Use Authorization pursuant to
Planning Code Sections 711.36 and 317, to allow the residential conversion of
two dwelling units at the second floor to two office spaces (Business or
Personal Service) within a NC-2 (Neighborhood Commercial, Small Scale) Zoning
District and 40-X Height and Bulk District. The project includes a third and
fourth floor vertical addition to add two new dwelling units. 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: Pending
(Proposed
for Continuance to October 16, 2014)
2a. 2012.0678E!KUVX (E. WATTY: (415) 558-6620)
19-25 MASON STREET (AKA 2-16 TURK STREET) - northwest corner of Mason and Turk Streets; Lots 002,
005, 006 in Assessor’s Block 0340 - Request for Determination of
Compliance pursuant to Planning Code Section 309, with exceptions to
the requirements for “Rear Yard” (Section 134), "Reduction of Ground-Level
Wind Currents in C-3 Districts" (Section 148), and “Residential Accessory
Parking” (Section 151.1(f)). The proposed project would remove an existing
surface parking lot and construct a new, 12-story, 112,600 gsf, mixed-use
building, with 109 dwelling units, 52 off-street parking spaces, and
approximately 2,400 sf of ground-floor retail space. The project site is
located within the C-3-G (Downtown General) Zoning District and 120-X Height
and Bulk District.
(Continued
from Regular Meeting of August 14, 2014)
(Proposed
for Indefinite Continuance)
2b. 2012.0678E!KUVX
(E. WATTY: (415) 558-6620)
19-25
MASON STREET (AKA 2-16 TURK STREET) - northwest corner of Mason
and Turk Streets; Lots 002, 005, 006 in Assessor’s Block 0340 - Request for
Variances, pursuant to Planning Code Section 140, for dwelling unit
exposure for 19 of the 109 units. The proposed project would remove an existing
surface parking lot and construct a new, 12-story, 112,600 gsf, mixed-use
building, with 109 dwelling units, 52 off-street parking spaces, and
approximately 2,400 sf of ground-floor retail space. The project site is
located within the C-3-G (Downtown General) Zoning District and 120-X Height
and Bulk District.
(Proposed
for Indefinite Continuance)
3. 2013.1668T
(A. STARR: (415) 558-6362)
BONA
FIDE EATING PLACE
- Planning Commission consideration of an Ordinance [BF 131064] amending the Planning Code to expand the definition of “bona fide
eating place” to include a definition based on food sales per occupant and
modifying the definition of a Bar to include establishments with an ABC License
Type 47 that are not Bona Fide Eating Places; and making
environmental findings and findings of consistency with the General Plan and
the eight priority policies of Planning Code Section 101.1.
Preliminary
Recommendation: Adopt
a Recommendation for Approval with Modifications
(Continued
from Regular Meeting of June 19, 2014)
(Proposed
for Indefinite Continuance)
4. 2013.1620D
(K. BURNS: (415) 575-9112)
812 –
814 GREEN STREET
- north
side of Green Street, between Mason and Taylor Streets; Lot 010 in Assessor’s
Block 0119 - Mandatory Discretionary Review, pursuant to Planning Code
Section 317(e), of Building Permit Application No. 2013.11.06.1249, proposing
to make interior modifications to merge two dwelling units into one unit,
resulting in the elimination of one unit in an existing three unit building within
a RM-2 (Residential-Mixed, Moderate Density) Zoning District and 40-X Height
and Bulk District. This action constitutes the Approval Action for the
project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco
Administrative Code.
Preliminary
Recommendation: Take Discretionary Review and Disapprove
(Continued
from Regular Meeting of August 14, 2014)
(WITHDRAWN)
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
5. 2012.0059C
(O. MASRY; (415) 575-9116)
431 BALBOA STREET - along the south side of Balboa
Street, between 5th and 6th Avenues, Lot 047 in
Assessor’s Block 1639 - Request for Conditional Use Authorization under
Planning Code Sections 711.83 and 303 to allow a
macro wireless telecommunications services (WTS) facility operated by AT&T
Mobility. The proposed macro WTS facility would feature nine
(9) panel antennas screened by a combination of faux
elements (vent pipes, rooftop mechanical screens, and a faux
decorative parapet extension), on the roof of an existing three-story mixed-use building. Related electronic equipment
would be located on the roof and in a ground floor room. The facility is proposed on a Location
Preference 5 Site (Mixed-Use Building in a High-Density District)
within a NC-2 (Neighborhood Commercial, Small-Scale)
Zoning District, and 40-X Height and Bulk District. This action
constitutes the Approval Action for the project for the purposes of CEQA,
pursuant to Section 31.04(h) of the San Francisco Administrative Code.
Preliminary
Recommendation: Approve with Conditions
6. 2014.1240T
(A.
STARR: (415) 558-6362)
AMENDMENTS
TO THE PLANNING CODE’S DEFINITION OF RESIDENTIAL UNIT AND RESIDENTIAL
CONVERSION REQUIREMENTS [BOARD FILE NO. 140775] - Ordinance
amending the Planning Code to amend the definition of Residential Unit and
clarify the requirements for a Residential Conversion of a Residential Hotel
Unit regulated under Administrative Code, Chapter 41; making environmental
findings, and findings of consistency with the General Plan, and the eight
priority policies of Planning Code, Section 101.1.
Preliminary
Recommendation: Adopt a Recommendation for Approval
C. COMMISSION
MATTERS
7. Consideration
of Adoption:
·
Draft
Minutes for September 4, 2014
Adoption
of Commission Minutes
– Charter Section 4.104 requires all commissioners to vote yes or no on all
matters unless that commissioner is excused by a vote of the Commission.
Commissioners may not be automatically excluded from a vote on the minutes
because they did not attend the meeting.
8. Commission
Comments/Questions
·
Inquiries/Announcements.
Without discussion, at this time Commissioners may make announcements or
inquiries of staff regarding various matters of interest to the
Commissioner(s).
·
Future
Meetings/Agendas.
At this time, the Commission may discuss and take action to set the date of a
Special Meeting and/or determine those items that could be placed on the agenda
of the next meeting and other future meetings of the Planning Commission.
D. DEPARTMENT
MATTERS
9. Director’s
Announcements
10. Review
of Past Events at the Board of Supervisors, Board of Appeals and Historic
Preservation Commission
E. GENERAL PUBLIC
COMMENT – 15 MINUTES
At
this time, members of the public may address the Commission on items of
interest to the public that are within the subject matter jurisdiction of the
Commission except agenda items. With respect to agenda items, your opportunity
to address the Commission will be afforded when the item is reached in the
meeting. Each member of the public may address the Commission for up to three
minutes.
F.
REGULAR CALENDAR
The
Commission Hearing Procedures provide for presentations by staff; followed by the
project sponsor team; followed by public comment for and against the proposal.
Please be advised that the project sponsor team includes: the sponsor(s) or
their designee, lawyers, architects, engineers, expediters, and/or other
advisors.
11. 2014.1193T
(D. SANCHEZ; (415) 575-9082)
ARCADES
IN THE HAIGHT STREET NCD [BOARD FILE 140804] - Ordinance
amending the Planning Code to permit arcades in the Haight Street Neighborhood
Commercial District and update references in the Planning Code to Arcade
regulations in the Police Code, affirm the Planning Department’s determination
under the California Environmental Quality Act, and make Planning Code Section
302 findings and findings of consistency with the General Plan and priority
policies of Planning Code Section 101.1.
Preliminary
Recommendation: Adopt a Recommendation for Approval with Modifications
12. 2011.1388E
(K. UCHIDA: (415) 575-9048)
110
THE EMBARCADERO/115 STEUART STREET - through-lot fronting the
west side of The Embarcadero and east side of Steuart Street between Mission
and Howard Streets, Lot 002 in Assessor’s Block 3715 - Appeal of Preliminary
Mitigated Negative Declaration for: 1) vertical addition of a third story,
roof deck, and circulation penthouse to the existing two-story-over-basement,
19,374 square-foot vacant building - a net increase of 4,445 square feet,
raising the building’s height from 35 feet to 51 feet; 2) replacement of the
Embarcadero façade; and 3) rehabilitation of the
building for office and assembly use, to house functions for the Commonwealth
Club of California.
Preliminary
Recommendation: Uphold Preliminary Mitigated Negative Declaration
(Continued
from Regular Meeting of August 14, 2014)
13a. 2014.1295U
(W. WIETGREFE: (415) 575-9050)
HEALTH AND BUILDING CODE
AMENDMENT
- Amending Health Code, Article 38 [Board File No. 140806] - Ordinance amending the Health Code, Article
38 to require an enhanced ventilation system for sensitive use projects
within the Air Pollutant Exposure Zone, and establishing document review fees;
amending the Building Code to correspond to the Health Code changes, and making
environmental findings, and findings under the California Health and Safety
Code; and directing the Clerk of the Board of Supervisors to forward this
Ordinance to the California Building Standards Commission upon final passage.
Preliminary Recommendation: Adopt a Recommendation
for Approval
13b. 2014.1296U
(W. WIETGREFE: (415) 575-9050)
ADMINISTRATIVE AND ENVIRONMENT
CODE AMENDMENT
- Amending Clean Construction Ordinance [Board File No. 140805] - Ordinance amending the Administrative Code
to require a Construction Emissions Minimization Plan and monitoring for public
projects within the Air Pollutant Exposure Zone, as mapped pursuant to Health
Code, Article 38; amending the Administrative and Environment Codes to reflect
these requirements; and making environmental findings.
Preliminary Recommendation: Adopt a
Recommendation for Approval
14.
(W.
WIETGREFE: (415) 575-9050)
UCSF LONG RANGE
DEVELOPMENT PLAN
- Informational presentation - on the University of California, San
Francisco (UCSF) 2014 Long Range Development Plan (2014 LRDP). UCSF’s
2014 LRDP will guide physical development at its campus sites through the year
2035. UCSF previously provided the Planning Commission with an overview
of plans under consideration for the 2014 LRDP on April 18, 2013. In May
2014, UCSF published the Draft 2014 LRDP for public review, available at www.ucsf.edu/LRDP. UCSF will
provide an overview of the Draft 2014 LRDP as published, along with the
anticipated schedule for finalization and adoption of the Plan.
Preliminary Recommendation: None -
Informational
15. 2014.0487C
(B.
BENDIX: (415) 575-9114)
1501
FOLSOM STREET
- southwest corner of the intersection of Folsom and 11th Streets, Lot
058 in Assessor’s Block 3521 - Request for Conditional Use Authorization
under Planning Code Sections 145.2, 303, 823, 845.13 and 845.56 to expand the
existing nighttime entertainment use (d.b.a. Calle-Once) and to establish an
outdoor activity area within the WMUO (Western SoMa Mixed Use-Office) Zoning
District, the Western SoMa Special Use District, and 55-X Height and Bulk
District. The proposed expansion will result in a third story up to
approximately 1,480 square feet and a roof deck of approximately 1,180 square
feet. The resulting nighttime entertainment use will be up to approximately
8,913 gross square-feet. 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
16a. 2013.0419CV
(S. VELLVE: (415) 558-6263)
1830–1834
SUTTER STREET
- north side between Buchanan and Webster Streets, Lot 071 in Assessor’s Block
0676 - Request for Conditional Use Authorization, pursuant to Planning Code
Sections 209.3, 249.31 and 303 to allow the construction of a new building
to accommodate the Nihonmachi Little Friends School. The new building will be
constructed on a parking lot and play area immediately west of the existing
school on the subject lot. The subject property is within a RM-3 (Residential,
Mixed) Zoning District, the Japantown Special Use 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
16b. 2013.0419CV
(S. VELLVE: (415) 558-6263)
1830–1834
SUTTER STREET
- north side between Buchanan and Webster Streets, Lot 071 in Assessor’s Block
0676 - Request for Variances to allow the construction of a new building
to accommodate the Nihonmachi Little Friends School. The new building will be
constructed on a parking lot and play area immediately west of the existing
school on the subject lot. Variances are required from Planning Code Section
134 as the proposed building projects into the required rear yard of the lot,
and Planning Code Section 151 for off-street parking within a RM-3
(Residential, Mixed) Zoning District, the Japantown Special Use District and
40-X Height and Bulk District.
The Commission Discretionary Review Hearing Procedures
provide for presentations by staff; followed by the DR requestor team; followed
by public comment opposed to the project; followed by the project sponsor team;
followed by public comment in support of the project. Please be advised that
the DR requestor and project sponsor teams include: the DR requestor and sponsor
or their designee, lawyers, architects, engineers, expediters, and/or other
advisors.
17a. 2013.0831DV
(M. SMITH: (415) 558-6322)
1784
SANCHEZ STREET
- west side between Randall and 30th Streets, Lot 014 in Assessor’s
Block 6653 - Staff-Initiated request for Discretionary Review of
Building Permit Application No. 2014.03.14.0813, proposing to remove the
existing one-story utility room at the rear of the building and construct a
two-story, flat roofed addition at the rear of the building. The addition
would extend the existing building depth by five feet and remove a small
portion of the existing gabled roof at the rear. The project requires a rear
yard variance pursuant to Section 134 of the Planning Code, which will also be
considered at this hearing by the Zoning Administrator. The property is
located within a RH-2 (Residential, House, Two-Family) Zoning District and 40-X
Height and Bulk District. This action constitutes the Approval Action for the
project for the purposes of CEQA, pursuant to Section 31.04(h) of the San
Francisco Administrative Code.
Staff
Analysis: Full Discretionary Review
Preliminary
Recommendation: Do not take Discretionary Review and Approve
17b. 2013.0831DV
(M. SMITH: (415) 558-6322)
1784
SANCHEZ STREET
- west side between Randall and 30th Streets, Lot 014 in Assessor’s
Block 6653 - Request for a rear yard variance pursuant to Section 134 of
the Planning Code for Building Permit Application No. 2014.03.14.0813,
proposing to remove the existing one-story utility room at the rear of the
building and construct a two-story, flat roofed addition at the rear of the
building. The addition would extend the existing building depth by five feet
and remove a small portion of the existing gabled roof at the rear. The
property is located within a RH-2 (Residential, House, Two-Family) Zoning
District and 40-X Height and Bulk District.
18. 2014.1009D
(E. TUFFY: (415) 575-9191)
300
WAWONA STREET
- west side, at the intersection with 14th Street; Lot 025 in Assessor’s Block
2482 - Request for Discretionary Review of Building Permit
Application No. 2014.06.21.0174 proposing interior rehabilitation, construction
of a one-story vertical addition and a horizontal rear addition off the
westernmost corner of an existing single-family dwelling. The subject property
is located within a RH-1(D) [Residential House, One-Family (Detached)] District
and 40-X Height and Bulk District. The proposal was subject to additional
review by Preservation staff to meet design guidelines for historic resources
under CEQA. This action constitutes the Approval Action for the project for the
purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco
Administrative Code.
Staff
Analysis: Abbreviated Discretionary Review
Preliminary
Recommendation: Do Not Take Discretionary Review and Approve
19. 2013.0433DDD
(G. CABREROS: (415) 558-6169)
2853
BRODERICK STREET
- west
side between Filbert and Union Streets, Lot 002 in Assessor’s Block 0947 - Staff-Initiated
and two publicly-filed requests for Discretionary Review of Building Permit
Application No. 2013.10.28.0336, proposing to clarify a height discrepancy
approved under Building Permit Application No. 2011.03.25.2839, which permitted
the existing three-story-over-basement, two-unit building to be lifted 3 feet to
insert a two-car garage within the basement level. The current project
also proposes additional work including a dwelling unit merger from 2 to 1
unit, a side horizontal addition at the south side façade, and vertical
additions and rear façade alterations to construct dormers and a deck at the
roof/attic level within a RH-2 (Residential, House, Two-Family) Zoning District
and 40-X Height and Bulk District. This action constitutes the
Approval Action for the project for the purposes of CEQA, pursuant to Section
31.04(h) of the San Francisco Administrative Code.
Staff
Analysis: Full Discretionary
Review
Preliminary
Recommendation: Do Not Take Discretionary Review and Approve
(Continued
from Regular Meeting of August 7, 2014)
H.
PUBLIC
COMMENT
At
this time, members of the public may address the Commission on items of
interest to the public that are within the subject matter jurisdiction of the
Commission except agenda items. With respect to agenda items, your opportunity
to address the Commission will be afforded when the item is reached in the
meeting with one exception. When the agenda item has already been reviewed in
a public hearing at which members of the public were allowed to testify and the
Commission has closed the public hearing, your opportunity to address the
Commission must be exercised during the Public Comment portion of the
Calendar. Each member of the public may address the Commission for up to three
minutes.
The
Brown Act forbids a commission from taking action or discussing any item not
appearing on the posted agenda, including those items raised at public
comment. In response to public comment, the commission is limited to:
(1)
responding to statements made or questions posed by members of the public; or
(2)
requesting staff to report back on a matter at a subsequent meeting; or
(3)
directing staff to place the item on a future agenda. (Government Code Section
54954.2(a))
Adjournment
Hearing
Procedures
The
Planning Commission holds public hearings regularly, on most Thursdays. The
full hearing schedule for the calendar year and the Commission Rules &
Regulations may be found online at: www.sfplanning.org.
Public Comments: Persons
attending a hearing may comment on any scheduled item.
v When
speaking before the Commission in City Hall, Room 400, please note the timer
indicating how much time remains. Speakers will hear two alarms. The first
soft sound indicates the speaker has 30 seconds remaining. The second louder
sound indicates that the speaker’s opportunity to address the Commission has
ended.
Sound-Producing
Devices Prohibited: The ringing of and use of mobile phones and other
sound-producing electronic devices are prohibited at this meeting. Please
be advised that the Chair may order the removal of any person(s) responsible
for the ringing or use of a mobile phone, pager, or other similar
sound-producing electronic devices (67A.1 Sunshine Ordinance:
Prohibiting the use of cell phones, pagers and similar sound-producing
electronic devices at and during public meetings).
For most cases (CU’s,
PUD’s, 309’s, etc…) that are considered by the Planning Commission, after being
introduced by the Commission Secretary, shall be considered by the Commission
in the following order:
- A
thorough description of the issue(s) by the Director or a member of the
staff.
- A
presentation of the proposal by the Project Sponsor(s) team (includes
sponsor or their designee, lawyers, architects, engineers, expediters,
and/or other advisors) would be for a period not to exceed 10 minutes,
unless a written request for extension not to exceed a total presentation
time of 15 minutes is received at least 72 hours in advance of the
hearing, through the Commission Secretary, and granted by the President or
Chair.
- A
presentation of opposition to the proposal by organized opposition for a
period not to exceed 10 minutes (or a
period equal to that provided to the project sponsor team) with a minimum
of three (3) speakers. The intent of the 10 min block of time provided to
organized opposition is to reduce the number of overall speakers who are
part of the organized opposition. The requestor should advise the
group that the Commission would expect the organized presentation to
represent their testimony, if granted. Organized opposition will be
recognized only upon written application at least 72 hours in advance of
the hearing, through the Commission Secretary, the President or Chair.
Such application should identify the organization(s) and speakers.
- Public
testimony from proponents of the proposal:
An individual may speak for a period not to exceed three (3) minutes.
- Public
testimony from opponents of the proposal: An individual
may speak for a period not to exceed three (3) minutes.
- Director’s
preliminary recommendation must be prepared in writing.
- Action
by the Commission on the matter before it.
- In
public hearings on Draft Environmental Impact Reports, all speakers will
be limited to a period not to exceed three (3) minutes.
9. The
President (or Acting Chair) may impose time limits on appearances by members of
the public and may otherwise exercise his or her discretion on procedures for
the conduct of public hearings.
10. Public
comment portion of the hearing shall be closed and deliberation amongst the
Commissioners shall be opened by the Chair;
11. A
motion to approve; approve with conditions; approve with amendments and/or
modifications; disapprove; or continue to another hearing date, if seconded,
shall be voted on by the Commission.
Every Official Act taken by
the Commission must be adopted by a majority vote of all members of the
Commission, a minimum of four (4) votes. A failed motion results in the
disapproval of the requested action, unless a subsequent motion is adopted. Any
Procedural Matter, such as a continuance, may be adopted by a majority vote of
members present, as long as the members present constitute a quorum (four (4)
members of the Commission).
For Discretionary Review cases
that are considered by the Planning Commission, after being introduced
by the Commission Secretary, shall be considered by the Commission in the
following order:
1. A
thorough description of the issue by the Director or a member of the staff.
2. A
presentation by the DR Requestor(s) team (includes Requestor(s) or their
designee, lawyers, architects, engineers, expediters, and/or other advisors)
would be for a period not to exceed five (5) minutes for each requestor.
3. Testimony
by members of the public in support of the DR would be up to three (3) minutes
each.
4. A
presentation by the Project Sponsor(s) team (includes Sponsor(s) or their
designee, lawyers, architects, engineers, expediters, and/or other advisors)
would be for a period up to five (5) minutes, but could be extended for a
period not to exceed 10 minutes if there are multiple DR requestors.
5. Testimony
by members of the public in support of the project would be up to three (3)
minutes each.
- DR
requestor(s) or their designees are given two (2) minutes for rebuttal.
7.
Project
sponsor(s) or their designees are given two (2) minutes for rebuttal.
8. The
President (or Acting Chair) may impose time limits on appearances by members of
the public and may otherwise exercise his or her discretion on procedures for
the conduct of public hearings.
The
Commission must Take DR in order to disapprove or modify a building permit
application that is before them under Discretionary Review. A failed motion to
Take DR results in a Project that is approved as proposed.
Hearing Materials
Advance Submissions: To allow
Commissioners the opportunity to review material in advance of a hearing,
materials must be received by the Planning Department eight (8) days prior to
the scheduled public hearing.
All submission packages must be delivered to1650 Mission Street, Suite 400, by
5:00 p.m. and should include fifteen (15) hardcopies and a
.pdf copy must be provided to the staff planner. Correspondence
submitted to the Planning Commission after eight days in advance of a hearing
must be received by the Commission Secretary no later than the close of
business the day before a hearing for it to become a part of the public record
for any public hearing.
Correspondence
submitted to the Planning Commission on the same day, must be submitted at the
hearing directly to the Planning Commission Secretary. Please
provide ten (10) copies for distribution. Correspondence
submitted in any other fashion on the same day may not become a part of the
public record until the following hearing.
Correspondence sent directly
to all members of the Commission, must include a copy to the Commission
Secretary (commissions.secretary@sfgov.org) for
it to become a part of the public record.
These submittal rules and
deadlines shall be strictly enforced and no exceptions shall be made without a
vote of the Commission.
Persons unable to attend a
hearing may submit written comments regarding a scheduled item to: Planning
Commission, 1650 Mission Street, Suite 400, San Francisco, CA
94103-2414. Written comments received by the close of the business day
prior to the hearing will be brought to the attention of the Planning
Commission and made part of the official record.
Appeals
The following is a summary of
appeal rights associated with the various actions that may be taken at a
Planning Commission hearing.
|
Case Type
|
Case Suffix
|
Appeal Period*
|
Appeal Body
|
|
Office
Allocation
|
B
|
15
calendar days
|
Board
of Appeals**
|
|
Conditional
Use Authorization and Planned Unit Development
|
C
|
30
calendar days
|
Board
of Supervisors
|
|
Building
Permit Application (Discretionary Review)
|
D
|
15
calendar days
|
Board
of Appeals
|
|
EIR
Certification
|
E
|
30
calendar days
|
Board
of Supervisors
|
|
Coastal
Zone Permit
|
P
|
15
calendar days
|
Board
of Appeals
|
|
Planning
Code Amendments by Application
|
T
|
30
calendar days
|
Board
of Supervisors
|
|
Variance
(Zoning Administrator action)
|
V
|
10
calendar days
|
Board
of Appeals
|
|
Permit
Review in C-3 Districts, Downtown Residential Districts and Large Project Authorization
in Eastern Neighborhoods
|
X
|
15
calendar days
|
Board
of Appeals
|
|
Zoning
Map Change by Application
|
Z
|
30
calendar days
|
Board
of Supervisors
|
*
Appeals of Planning Commission decisions on Building Permit Applications
(Discretionary Review) must be made within 15 days of the date the building
permit is issued/denied by the Department of Building Inspection (not from the
date of the Planning Commission hearing). Appeals of Zoning Administrator
decisions on Variances must be made within 10 days from the issuance of the
decision letter.
**An
appeal of a Certificate of Appropriateness or Permit to Alter/Demolish may be
made to the Board of Supervisors if the project requires Board of Supervisors
approval or if the project is associated with a Conditional Use Authorization
appeal. An appeal of an Office Allocation may be made to the Board of
Supervisors if the project requires a Conditional Use Authorization.
For
more information regarding the Board of Appeals process, please contact the
Board of Appeals at (415) 575-6880. For more information regarding the Board
of Supervisors process, please contact the Clerk of the Board of Supervisors at
(415) 554-5184 or board.of.supervisors@sfgov.org.
Challenges
Pursuant to Government Code
Section 65009, if you challenge, in court, (1) the adoption or amendment of a
general plan, (2) the adoption or amendment of a zoning ordinance, (3) the
adoption or amendment of any regulation attached to a specific plan, (4) the
adoption, amendment or modification of a development agreement, or (5) the
approval of a variance, conditional-use authorization, or any permit, you may
be limited to raising only those issues you or someone else raised at the
public hearing described in this notice, or in written correspondence delivered
to the Planning Commission, at, or prior to, the public hearing.
CEQA Appeal Rights under Chapter 31 of the
San Francisco Administrative Code
If
the Commission’s action on a project constitutes the Approval Action for that
project (as defined in S.F. Administrative Code Chapter 31, as amended, Board
of Supervisors Ordinance Number 161-13), then the CEQA determination prepared
in support of that Approval Action is thereafter subject to appeal within the
time frame specified in S.F. Administrative Code Section 31.16. This
appeal is separate from and in addition to an appeal of an action on a
project. Typically, an appeal must be filed within 30 calendar days of
the Approval Action for a project that has received an exemption or
negative declaration pursuant to CEQA. For information on filing an
appeal under Chapter 31, contact the Clerk of the Board of Supervisors at City
Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102, or
call (415) 554-5184. If the Department’s Environmental Review Officer has
deemed a project to be exempt from further environmental review, an exemption
determination has been prepared and can be obtained on-line at http://www.sf-planning.org/index.aspx?page=3447.
Under CEQA, in a later court challenge, a litigant may be limited to raising
only those issues previously raised at a hearing on the project or in written
correspondence delivered to the Board of Supervisors, Planning Commission,
Planning Department or other City board, commission or department at, or prior
to, such hearing, or as part of the appeal hearing process on the CEQA
decision.
Protest of Fee or Exaction
You
may protest any fee or exaction subject to Government Code Section 66000
imposed as a condition of approval in accordance with Government Code Section
66020. The protest must satisfy the requirements of Government Code
Section 66020(a) and must be filed within 90 days of the date of the first
approval or conditional approval of the development referencing the challenged
fee or exaction. For purposes of Government Code Section 66020, the date
of imposition of the fee shall be the date of the earliest discretionary
approval by the City of the subject development.
The
Planning Commission’s approval or conditional approval of the development
subject to the challenged fee or exaction as expressed in its Motion,
Resolution, or Discretionary Review Action or the Zoning Administrator’s
Variance Decision Letter will serve as Notice that the 90-day protest period
under Government Code Section 66020 has begun.
