Planning Commission - May 18, 2017 - Agenda

Meeting Date: 
May 18, 2017 - 10:00am
Location: 
United States

SAN FRANCISCO

PLANNING COMMISSION

AND

RECREATION & PARK

COMMISSION

 

 

 

Notice of Joint Hearing

&

Agenda

Commission Chambers, Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

San Francisco, CA 94102-4689

 

 

 

Thursday, May 18, 2017

10:00 a.m.

                             

PLANNING COMMISSION:                  President:                            Rich Hillis

       Vice-President:                 Dennis Richards

       Commissioners:           Rodney Fong; Christine Johnson; Joel Koppel; Myrna Melgar;

                                                                                                                                       Kathrin Moore

 

RECREATION & PARK                         President:                            Mark Buell

COMMISSION:                                                  Vice President:                  Allan Low

                                                                                     Commissioners:                Kat Anderson; Gloria Bonilla; Tom Harrison; Eric McDonnell

 

Hearing Materials are available at:

Website: http://www.sfplanning.org

Planning Department, 1650 Mission Street, 4th Floor, Suite 400

Planning Information Center, 1660 Mission Street, 1st Floor

Voice recorded Agenda only: (415) 558-6422

 

Commission Hearing Broadcasts:

Live stream: http://www.sfgovtv.org

Live, Thursdays at 12:00 p.m., Cable Channel 78

Re-broadcast, Fridays at 8:00 p.m., Cable Channel 26

Disability and language accommodations available upon request to:

commissions.secretary@sfgov.org or (415) 558-6309 at least 48 hours in advance.

Know Your Rights Under the Sunshine Ordinance

Government's duty is to serve the public, reaching its decisions in full view of the public.  Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business.  This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.

 

Members of the public are not required to provide personal identifying information when they communicate with the Commission or the Department. All written or oral communications, including submitted personal contact information, may be made available to the public for inspection and copying upon request and may appear on the Department’s website or in other public documents.

 

For more information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact the Sunshine Ordinance Task Force at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 409; phone (415) 554-7724; fax (415) 554-7854; or e-mail at sotf@sfgov.org.

 

Copies of the Sunshine Ordinance can be obtained from the Clerk of the Sunshine Task Force, the San Francisco Library and on the City’s website at www.sfbos.org/sunshine.

 

San Francisco Lobbyist Ordinance

Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign and Governmental Conduct Code Section 21.00-2.160] to register and report lobbying activity.  For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 25 Van Ness Avenue, Suite 220, San Francisco, CA 94102; phone (415) 252-3100; fax (415) 252-3112; and online http://www.sfgov.org/ethics.

 

Accessible Meeting Information

Commission hearings are held in Room 400 at City Hall, 1 Dr. Carlton B. Goodlett Place in San Francisco. City Hall is open to the public Monday through Friday from 8:00 a.m. to 8:00 p.m. and is accessible to persons using wheelchairs and other assistive mobility devices. Ramps are available at the Grove, Van Ness and McAllister entrances. A wheelchair lift is available at the Polk Street entrance.

 

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, real time captioning, 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 to help ensure availability.

 

Language Assistance: To request an interpreter for a specific item 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:         

 

                             

PLANNING                                  President:                     Rich Hillis

COMMISSION:                            Vice-President:            Dennis Richards

                                                                Commissioners:           Rodney Fong, Christine Johnson, Joel Koppel, Myrna Melgar; Kathrin Moore

 

 

RECREATION & PARK                            President:                     Mark Buell

COMMISSION:                                   Vice President:           Allan Low

                                                                Commissioners:           Kat Anderson; Gloria Bonilla; Tom Harrison;                                                                                                                                                                     Eric McDonnell

                                                           

 

A.               CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

 

The Commissions will consider a request for continuance to a later date.  The Commissions 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.

 

            1a.          2013.0977SHD                                                                         (E. SAMONSKY: (415) 575-9112)

980 FOLSOM STREET - located on the north side of Folsom Street between 5th and 6th Streets, Lots 028, 035 & 152 in Assessor’s Block 3732; and Gene Friend Recreation Center bounded by Harriet Street on the west, Folsom Street on the south, and 6th Street on the east (Assessor’s Block 3731, Lots 010, 011, 012 and 111) (District 6). Discussion and Joint Action by the Planning Commission and Recreation and Park Commission to raise the cumulative shadow limit for Gene Friend Recreation Center, pursuant to the jointly-approved Planning Code Section 295 Implementation Memo adopted in 1989, in order to accommodate new shadow cast by the proposed project at 980 Folsom Street.  The proposed project includes demolition of the existing single-story commercial (automotive paint and repair) building and new construction of an eight-story, mixed use building measuring approximately 84 feet in height (approximately 36,197 gross square feet) with up to 33 dwelling units and 951 square feet of ground floor commercial space. The subject property is within the MUR (Mixed-Use Residential) Zoning District, the SOMA Youth and Family Special Use District, and 85-X Height and Bulk District. The subject park is located within the P (Public) Zoning District and a 45-X/65-X/OS (Open Space) Height and Bulk District.

Preliminary Recommendation (from Planning Department to Planning Commission): Raise Cumulative Shadow Limit

(Planning Commission and Recreation and Park Commission Joint Action)

(Proposed for Indefinite Continuance)

               1b.         2013.0977K                                                                                 (J. HARRISON: (415) 575-5602)

               980 FOLSOM STREET - located on the north side of Folsom Street between 5th and 6th Streets, Lots 028, 035 & 152 in Assessor’s Block 3732; and Gene Friend Recreation Center bounded by Harriet Street on the west, Folsom Street on the south, and 6th Street on the east (Assessor’s Block 3731, Lots 010, 011, 012 and 111) (District 6). Discussion and possible action by the Recreation and Park Commission to adopt a resolution to recommend to the Planning Commission that the new shadow cast by the proposed project at 980 Folsom Street will or will not have a significant adverse impact on the use of the Gene Friend Recreation Center, as required by Planning Code Section 295 (the Sunlight Ordinance). The proposed project includes demolition of the existing single-story commercial (automotive paint and repair) building and new construction of an eight-story, mixed use building measuring approximately 84 feet in height (approximately 36,197 gross square feet) with up to 33 dwelling units and 951 square feet of ground floor commercial space. The subject property is within the MUR (Mixed-Use Residential) Zoning District, the SOMA Youth and Family Special Use District, and 85-X Height and Bulk District.

(Recreation and Park Commission Action Only)

(Proposed for Indefinite Continuance)

1c.          2013.0977K                                                                              (E. SAMONSKY: (415) 575-9112)

980 FOLSOM STREET - located on the north side of  Folsom Street between 5th and 6th Streets, Lots 028, 035 & 152 in Assessor’s Block 3732 (District 6)  Request for Adoption of Findings, pursuant to Planning Code Section 295, regarding the shadow study that concluded the demolition of the existing single-story commercial (automotive paint and repair) building and new construction of an eight-story, mixed use building measuring approximately 84 feet in height (approximately 36,197 gross square feet) mixed-use building with up to 33 dwelling units and 951 square feet of ground floor commercial space, would not be adverse to the use of Gene Friend Recreation Center, which is under the jurisdiction of the San Francisco Recreation and Park Commission. The subject property is located within the MUR (Mixed-Use Residential) Zoning District, the SOMA Youth and Family Special Use District, and 85-X Height and Bulk District.

                              Preliminary Recommendation:  Adopt Findings

(Planning Commission Action Only)

(Proposed for Indefinite Continuance)

               1d.         2013.0977ENX                                                                         (E. SAMONSKY: (415) 575-9112)

980 FOLSOM STREET - located on the north side of  Folsom Street between 5th and 6th Streets, Lots 028, 035 & 152 in Assessor’s Block 3732 (District 6) – Request for a Large Project Authorization (LPA), pursuant to Planning Code Section 329, to demolish the existing single-story commercial (automotive paint and repair) building and new construction of an eight-story, mixed use building measuring approximately 84 feet in height (approximately 36,197 gross square feet) mixed-use building with up to 33 dwelling units and 951 square feet of ground floor commercial space, 14 vehicle parking spaces, 34 Class 1 bicycle parking spaces 4 Class 2 bicycle parking spaces, approximately 3,246 square feet of common open space, and 1,334 square feet of private open space. Under the LPA, the project is seeking exceptions to certain Planning Code requirements, including: 1) rear yard (Planning Code Section 134); 2) dwelling unit exposure (Planning Code Section 140); 3) ground floor active use (Planning Code Section 145.1); and 4) off-street parking (Planning Code Section 151.1). The subject property is located within the MUR (Mixed-Use Residential) Zoning District in the SOMA Youth and Family Special Use District and in an 85-X Height and Bulk District. This action constitutes 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

(Planning Commission Action Only)

(Proposed for Indefinite Continuance)

 

 

B.               SPECIAL CALENDAR

 

               2a.          2013.0538K                                                                              (E. SAMONSKY: (415) 575-9112)

301 6TH STREET - located on the southeast corner of 6th Street and Folsom Street, Lot 122 in Assessor’s Block 3753; and Gene Friend Recreation Center bounded by Harriet Street on the west, Folsom Street on the south, and 6th Street on the east (Assessor’s Block 3731, Lots 010, 011, 012 and 111) (District 6).  Discussion and Joint Action by the Planning Commission and Recreation and Park Commission to raise the cumulative shadow limit for Gene Friend Recreation Center, pursuant to the jointly-approved Planning Code Section 295 Implementation Memo adopted in 1989, in order to accommodate new shadow cast by the proposed project at 301 6th Street. The proposed project includes demolition of a one-story carwash and new construction of an eight-story, 82-foot tall, mixed-use building (approximately 88,250 gross square feet) with 84 dwelling units and approximately 5,868 square feet of ground floor commercial space. The subject property is within the MUR (Mixed-Use Residential) Zoning District, the SOMA Youth and Family Special Use District, and 85-X Height and Bulk District.

Preliminary Recommendation (from Planning Department to Planning Commission): Raise Cumulative Shadow Limit

(Planning Commission and Recreation and Park Commission Joint Action)

               2b.         2013.0538K                                                                                 (J. HARRISON: (415) 575-5602)

            301 6TH STREET - located on the southeast corner of 6th Street and Folsom Street, Lot 122 in Assessor’s Block 3753; and Gene Friend Recreation Center bounded by Harriet Street on the west, Folsom Street on the south, and 6th Street on the east (Assessor’s Block 3731, Lots 010, 011, 012 and 111) (District 6).  Discussion and possible action by the Recreation and Park Commission to adopt a resolution to recommend to the Planning Commission that the new shadow cast by the proposed project at 301 6th Street will or will not have a significant adverse impact on the use of the Gene Friend Recreation Center, as required by Planning Code Section 295 (the Sunlight Ordinance). The proposed project includes demolition of a one-story carwash and new construction of an eight-story, 82-foot tall, mixed-use building (approximately 88,250 gross square feet) with 84 dwelling units and approximately 5,868 square feet of ground floor commercial space. The subject property is within the MUR (Mixed-Use Residential) Zoning District, the SOMA Youth and Family Special Use District, and 85-X Height and Bulk District.

(Recreation and Park Commission Action Only)

NOTE: FOLLOWING ITEMS 2A and 2B, THE RECREATION AND PARK COMMISSION WILL ADJOURN, AND THE PLANNING COMMISSION WILL REMAIN IN SESSION TO SEPARATELY CONSIDER ADDITIONAL ITEMS.

2c.          2013.0538SHD                                                                         (E. SAMONSKY: (415) 575-9112)

301 6th STREET - located on the southeast corner of 6th Street and Folsom Street, Lot 122 in Assessor’s Block 3753 (District 6) - Request for Adoption of Findings, pursuant to Planning Code Section 295, regarding the shadow study that concluded the new construction of an eight-story, 82-foot tall, mixed-use building with up to 84 dwelling units and 5,868 square feet of ground floor commercial space would not be adverse to the use of Gene Friend Recreation Center, which is under the jurisdiction of the San Francisco Recreation and Park Commission. The subject property is located within the MUR (Mixed-Use Residential) Zoning District, the SOMA Youth and Family Special Use District, and an 85-X Height and Bulk District.

                              Preliminary Recommendation:  Adopt Findings

                              (Planning Commission Action Only)

               2d.         2013.0538ENX                                                                         (E. SAMONSKY: (415) 575-9112)

301 6th STREET - located on the southeast corner of 6th Street and Folsom Street, Lot 122 in Assessor’s Block 3753 (District 6) - Request  for a Large Project Authorization (LPA), pursuant to Planning Code Section 329, to demolish the existing single-story building and surface parking lot, and construct an eight-story (82 feet in height) mixed-use building (measuring approximately 88,250 gross square feet) with up to 84 dwelling units, approximately 5,868 square feet of ground floor commercial space, 36 vehicle parking spaces, 85 Class 1 bicycle parking spaces and 16 Class 2 bicycle parking spaces. The proposed project includes approximately 6,802 square feet of common open space via a second floor courtyard and roof deck. Under the LPA, the project is seeking exceptions to certain Planning Code requirements including: rear yard (Planning Code Section 134), dwelling unit exposure (Planning Code Section 140), and off-street parking (Planning Code Section 151.1). The subject property is located within the MUR (Mixed-Use Residential) Zoning District in the SOMA Youth and Family Special Use District and in an 85-X Height and Bulk District. This action constitutes 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

                              (Planning Commission Action Only)

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:

 

  1. A thorough description of the issue(s) by the Director or a member of the staff.

  2. 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.

  3. 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.

  4. Public testimony from proponents of the proposal:  An individual may speak for a period not to exceed three (3) minutes.

  5. Public testimony from opponents of the proposal:  An individual may speak for a period not to exceed three (3) minutes.

  6. Director’s preliminary recommendation must be prepared in writing.

  7. Action by the Commission on the matter before it.

  8. 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.

  1. 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

OFA (B)

15 calendar days

Board of Appeals**

Conditional Use Authorization and Planned Unit Development

CUA (C)

30 calendar days

Board of Supervisors

Building Permit Application (Discretionary Review)

DRP/DRM (D)

15 calendar days

Board of Appeals

EIR Certification

ENV (E)

30 calendar days

Board of Supervisors

Coastal Zone Permit

CTZ (P)

15 calendar days

Board of Appeals

Planning Code Amendments by Application

PCA (T)

30 calendar days

Board of Supervisors

Variance (Zoning Administrator action)

VAR (V)

10 calendar days

Board of Appeals

Large Project Authorization in Eastern Neighborhoods

LPA (X)

15 calendar days

Board of Appeals

Permit Review in C-3 Districts, Downtown Residential Districts

DNX (X)

15-calendar days

Board of Appeals

Zoning Map Change by Application

MAP (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.

 

An appeal of the approval (or denial) of a 100% Affordable Housing Bonus Program application may be made to the Board of Supervisors within 30 calendar days after the date of action by the Planning Commission pursuant to the provisions of Sections 328(g)(5) and 308.1(b). Appeals must be submitted in person at the Board’s office at 1 Dr. Carlton B. Goodlett Place, Room 244. For further information about appeals to the Board of Supervisors, including current fees, contact the Clerk of the Board of Supervisors at (415) 554-5184.

 

An appeal of the approval (or denial) of a building permit application issued (or denied) pursuant to a 100% Affordable Housing Bonus Program application by the Planning Commission or the Board of Supervisors may be made to the Board of Appeals within 15 calendar days after the building permit is issued (or denied) by the Director of the Department of Building Inspection. Appeals must be submitted in person at the Board's office at 1650 Mission Street, 3rd Floor, Room 304. For further information about appeals to the Board of Appeals, including current fees, contact the Board of Appeals at (415) 575-6880.

 

Pursuant to California Government Code Section 65009, if you challenge, in court, the decision of an entitlement or permit, the issues raised shall be limited to those raised in the public hearing or in written correspondence delivered to the Planning Commission prior to, or at, the public hearing.

 

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.