Planning Commission - October 5, 2017 - Agenda

Meeting Date: 
October 5, 2017 - 1:00pm
Location: 
United States

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, October 5, 2017

1:00 p.m.

Regular Meeting

 

Commissioners:

Rich Hillis, President

Dennis Richards, Vice President

Rodney Fong, Christine Johnson, Joel Koppel, Myrna Melgar, Kathrin Moore

 

Commission Secretary:

Jonas P. Ionin

 

 

Hearing Materials are available at:

Website: http://www.sfplanning.org

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

Planning Information Center, 1660 Mission Street, 1st Floor

Voice recorded Agenda only: (415) 558-6422

 

Commission Hearing Broadcasts:

Live stream: http://www.sfgovtv.org

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

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

 

Disability and language accommodations available upon request to:

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

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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.

 

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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.

 

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SPANISH:

Agenda para la Comisión de Planificación. Si desea asistir a la audiencia, y quisiera obtener información en Español o solicitar un aparato para asistencia auditiva, llame al 415-558-6309. Por favor llame por lo menos 48 horas de anticipación a la audiencia.

 

CHINESE:

規劃委員會議程。聽證會上如需要語言協助或要求輔助設備,請致電415-558-6309。請在聽證會舉行之前的至少48個小時提出要求。

 

TAGALOG:

Adyenda ng Komisyon ng Pagpaplano. Para sa tulong sa lengguwahe o para humiling ng Pantulong na Kagamitan para sa Pagdinig (headset), mangyari lamang na tumawag sa 415-558-6309. Mangyaring tumawag nang maaga  (kung maaari ay 48 oras) bago sa araw ng Pagdinig.

 

RUSSIAN:

Повестка дня Комиссии по планированию. За помощью переводчика или за вспомогательным слуховым устройством на время слушаний обращайтесь по номеру 415-558-6309. Запросы должны делаться минимум за 48 часов до начала слушания.

 

ROLL CALL:                                                                     

 

                                         President:                              Rich Hillis                                                                                    Vice-President:                     Dennis Richards

                                         Commissioners:                    Rodney Fong, Christine Johnson, Joel Koppel,

                                                                                          Myrna Melgar, Kathrin Moore

 

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.

 

1a.          2015-015751DRP                      (M. DITO: (415) 575-9164, E. SAMONSKY: (415) 575-9112)

1824 JENNINGS STREET- east side between Shafter and Thomas Avenues; Lot 005 in Assessor’s Block 4790 (District 10) - Request for Discretionary Review of Building Permit Application No. 2015.11.09.2165 proposing to remove two unauthorized dwelling units (by merger of the units with the existing dwelling unit) and to legalize a dwelling unit at the first floor, pursuant to Ordinance 43-14, in an existing single family home within a RH-1 (Residential House, One-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 San Francisco Administrative Code Section 31.04(h).

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and Approve with Conditions

(Continued from Regular Meeting of July 27, 2017)

(Proposed for Continuance to November 2, 2017)

 

1b.         2015-018300DRP                      (M. DITO: (415) 575-9164, E. SAMONSKY: (415) 575-9112)

1083 HOLLISTER AVENUE - south side between Ingalls and Hawes Streets; Lot 029 in Assessor’s Block 4965 (District 10) - Request for Discretionary Review of Building Permit Application No. 2015.11.10.2331 proposing to legalize one dwelling unit at the first floor level (by merger with another unauthorized dwelling unit), pursuant to Ordinance 43-14, and to remove an unauthorized dwelling unit at the second floor (by merging with the existing dwelling unit) from a property containing a single-family home within a RH-1 (Residential House, One-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 San Francisco Administrative Code Section 31.04(h).

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of July 27, 2017)

(Proposed for Continuance to November 2, 2017)

 

1c.          2015-018240DRP                      (M. DITO: (415) 575-9164, E. SAMONSKY: (415) 575-9112)

               1395 SHAFTER AVENUE - south side between Jennings and Ingalls Streets; Lot 025 in Assessor’s Block 4791 (District 10) - Request for Discretionary Review of Building Permit Application No. 2015.11.20.3191 proposing to remove three unauthorized dwelling units (by merger of the units) and to legalize a dwelling unit at the second floor, pursuant to Ordinance 43-14, in an existing single family home within a RH-1 (Residential House, One-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 San Francisco Administrative Code Section 31.04(h).

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and Approve with Conditions

(Continued from Regular Meeting of July 27, 2017)

(Proposed for Continuance to November 2, 2017)

 

1d.         2015-018233DRP                      (M. DITO: (415) 575-9164, E. SAMONSKY: (415) 575-9112)

1290 SHAFTER AVENUE- north side between Ingalls and Hawes Streets; Lot 012A in Assessor’s Block 4787 (District 10) - Request for Discretionary Review of Building Permit Application No. 2015.11.20.3280 proposing to legalize one dwelling unit at the first floor level, pursuant to Ordinance 43-14, and to remove an unauthorized dwelling unit at the second floor (by merging with the existing dwelling unit) from a property containing a single-family home within a RH-1 (Residential House, One-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 San Francisco Administrative Code Section 31.04(h).

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of July 27, 2017)

(Proposed for Continuance to November 2, 2017)

 

1e.          2016-000316DRP                      (M. DITO: (415) 575-9164, E. SAMONSKY: (415) 575-9112)

1351 REVERE AVENUE - south side between Jennings and Ingalls Streets; Lot 020A in Assessor’s Block 4788 (District 10) - Request for Discretionary Review of Building Permit Application No. 2015.12.15.5196 proposing to add one dwelling unit and legalize one dwelling unit at the first floor level, pursuant to Ordinance 43-14, and to remove four unauthorized dwelling units (by merging the units with the existing unit) from a property containing a single-family home 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 San Francisco Administrative Code Section 31.04(h).

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of July 27, 2017)

(Proposed for Continuance to November 2, 2017)

 

1f.           2016-000184DRP                      (M. DITO: (415) 575-9164, E. SAMONSKY: (415) 575-9112)

38 CARR STREET - west side between Paul and Salinas Avenues; Lot 010 in Assessor’s Block 5462 (District 10) - Request for Discretionary Review of Building Permit Application No. 2015.12.02.3978 proposing the removal of two unauthorized dwelling units at the second and third floor (by merger with the existing unit) and to legalize a dwelling unit at the first floor, pursuant to Ordinance 43-14, in an existing single family home within a RH-1 (Residential House, One-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 San Francisco Administrative Code Section 31.04(h).

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and Approve with Conditions

(Continued from Regular Meeting of July 27, 2017)

(Proposed for Continuance to November 2, 2017)

 

1g.         2016-000121DRP                      (M. DITO: (415) 575-9164, E. SAMONSKY: (415) 575-9112)

1050 GILMAN AVENUE - north side between Griffith and Hawes Street; Lot 006A in Assessor’s Block 4937 (District 10) - Request for Discretionary Review of Building Permit Application No. 2015.12.02.3975 proposing to remove three unauthorized dwelling units (by merger of the units) and to legalize a dwelling unit at the first floor, pursuant to Ordinance 43-14, in an existing single family home within a RH-1 (Residential House, One-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 San Francisco Administrative Code Section 31.04(h).

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and Approve with Conditions

(Continued from Regular Meeting of July 27, 2017)

(Proposed for Continuance to November 2, 2017)

 

1h.         2016-000343DRP                      (M. DITO: (415) 575-9164, E. SAMONSKY: (415) 575-9112)

1656 NEWCOMB AVENUE - north side between Third and Newhall Street; Lot 006 in Assessor’s Block 5306 (District 10) - Request for Discretionary Review of Building Permit Application No. 2015.11.10.2339 proposing to remove two unauthorized dwelling units on the second and third floors (by merger with existing units) and to legalize one dwelling unit on the ground floor, pursuant to Ordinance 43-14, in an existing three family building 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 San Francisco Administrative Code Section 31.04(h).

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of July 27, 2017)

(Proposed for Continuance to November 2, 2017)

 

2.            2017-001036CUA                                                                (D. WEISSGLASS: (415) 575-9177)

               1101 FILLMORE STREET - west side of Fillmore Street between Turk Street and Golden Gate Avenue; Lot 002 in Assessor’s Block 0755 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 303.1, 703.3, and 703.4 to establish a Formula Retail Use within the Fillmore Street Neighborhood Commercial Transit District and 50-X Height and Bulk District. The proposal is to convert a vacant ground floor commercial space with approximately 1,674 square feet of floor area (previously occupied by “A&J Beauty Supply”, a non-Formula Retail beauty supplies store) to a Formula Retail Limited Restaurant Use (d.b.a. “Little Caesars”, a take-out pizza restaurant). There will be no expansion of the building envelope. 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: Pending

(Continued from Regular Meeting of July 6, 2017)

(Proposed for Continuance to November 30, 2017)

 

3.            2016-006393CUA                                                                       (E. JARDINES: (415) 575-9144)

175 BAYSHORE - east side of Bayshore Boulevard between Jerrold and Oakdale Avenues, Lot 008 in Assessor’s Block 5559 (District 10): Request for Conditional Use Authorization pursuant to Planning Code Sections 249.65 and 303 to demolish an existing one-story plumbing supply storage building and storage shed structure as well as to construct a new one-story automotive repair building (DBA Alioto’s Garage) within the Bayshore Home Improvement Special Use District, PDR-2 (Core Production, Distribution, and Repair) District, and 65-J 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

(Proposed for Continuance to October 19, 2017 (Consent))

 

               4a.            2015-018474DRM                                                                                       (E. TUFFY: (415) 575-9191)

982 GREEN STREET - between Jones and Taylor Streets, Lot 008A in Assessor’s Block 0120 (District 3) - Request for Staff-Initiated Discretionary Review of Building Permit Application No. 2015.11.23.3374, proposing legalization of the expansion of a two family residential building through horizontal addition, side additions, and basement-level excavation. Exterior work includes publicly visible alterations to a contributory building within the Russian Hill-Macondray Lane National Register District. Two open carports at the front property line are proposed for reconstruction in the same locations but as fully enclosed, single-car garages with gable roofs. The project is located in 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 San Francisco Administrative Code Section 31.04(h).   

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and Approve

(Proposed for Continuance to November 30, 2017)

 

4b.         2015-018474VAR                                                                                             (E. TUFFY: (415) 575-9191)

982 GREEN STREET - between Jones and Taylor Streets, Lot 008A in Assessor’s Block 0120 (District 3) - Request for Variance approval from the Zoning Administrator pursuant to Planning Code Section 132 (Front Yard); Section 144 (Street Frontage) and Section 134 (Rear Yard) for work associated with Building Permit Application No. 2015.11.23.3374. The project is located in a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District. 

(Proposed for Continuance to November 30, 2017)

 

5.            2013.1872ENX                                                                                                 (D. SIROIS: (415) 575-8714)

768 HARRISON STREET - north side between Lapu Lapu Street & 4th Street with frontage on Rizal Street; Lots 033 & 162 in Assessor’s Block 3751 (District 6) - Request for a Large Project Authorization, pursuant to Planning Code Section 329 to allow the demolition of a 3,090 square foot two-story, industrial building (automotive service), to merge lots 330 & 162 and to construct an 83-foot-tall, eight-story over basement, mixed-use building approximately 34,340 square feet in size. The proposed building would include 5,160 square feet of office space in the basement and on the on the ground floor facing Rizal Street and 24 residential units above. The proposed project includes 25 Class I bicycle spaces and three Class II bicycle spaces. The project also includes 1,920 square feet of common open space including a 1,300-square-foot rear yard at the second-floor level and a 620-square-foot deck at the roof level. The project is seeking exceptions from certain Planning Code requirements including: permitted obstructions over street (Planning Code Section 136) and dwelling unit mix (Planning Code Section 207.6).  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: Pending

(Continued from Regular Meeting of June 22, 2017 and August 31, 2017)

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

 

6.            2002.0124CUA-02                                                                    (C. CAMPBELL: (415) 575-8732)

2815 DIAMOND STREET - southeastern corner of Diamond St, between Wilder and Bosworth Streets; Lot 025A in Assessor’s Block 6745 (District 7) - Request for an Amendment to the Conditions of Approval under Motion No.16489, an approved mixed-use development (15 dwelling units, 9,200 square feet of Public Use, and 7,037 square feet Grocery Liquor Store d.b.a. “Canyon Market”) pursuant to Planning Code Section 303 (E). The proposal is to amend grocery inventory delivery hours and remove the condition requiring customer grocery delivery (Case No. 2002.0124CUA) within the Glen Park Neighborhood Commercial Transit District and 40-X Height and Bulk District.

Preliminary Recommendation:  Approve with Conditions

 

7.            2017-004415CUA                                                              (M. CHRISTENSEN: (415) 575-8742)

2809 SAN BRUNO AVENUE - east side, between Wayland and Woolsey Streets, Lot 030 in Assessor’s Block 5457 (District 9) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 711 to convert the existing medical massage establishment to a general, public massage establishment within a NC-2 (Small-Scale Neighborhood Commercial) 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 San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Approve with Conditions

 

C.         COMMISSION MATTERS

 

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

 

11.          Executive Directive to create more homes in San Francisco

              

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.

 

12.          2014.2110GPA                                                                            (M. WENGER: (415) 575-9126)

WESTERN SHORELINE AREA PLAN/LOCAL COASTAL PROGRAMGeneral Plan Amendment, Pursuant to Planning Code Section 340, the Planning Commission will consider adopting changes to the Western Shoreline Area Plan, the City’s Local Coastal Program, to incorporate sea level rise and coastal erosion policies in a new Coastal Hazards section.

Preliminary Recommendation: Adopt

(Continued from Regular hearing of June 8th, 2017)

 

13.                                                                                                                    (J. SWITZKY: (415) 575-6815)

JOBS-HOUSING CAPACITY & GROWTH DISCUSSION – Informational Presentation providing a detailed overview of planned and proposed capacity for growth in housing and jobs in San Francisco, and discussion of related policy considerations. This presentation is a follow-up to informational presentations on similar topics on March 2, 2017 and April 28, 2016.

Preliminary Recommendation: None – Informational

 

14.          2013.0208E                                                                                  (T. SHEYNER: (415) 575-9127)

SEAWALL LOT 337 AND PIER 48 MIXED-USE PROJECT (AKA MISSION ROCK)  - located east of Third Street, between China Basin Channel and Mission Rock Street, Assessor’s Block 8719/Lot 006; and Block 9900/Lot 048 (District 6) - Certification of the Final Environmental Impact Report.  The proposed project that would be enabled by this action includes the multi-phase development of Seawall Lot 337 and Mission Bay Parcel P20, the rehabilitation and reuse of Pier 48, and construction of approximately 5.4 acres of net new open spaces for a total of approximately 8.0 acres of open space on the project site. In addition, approximately 1.1 million gross square feet (gsf) of above- and below-grade parking would be provided. The proposed project would also include public access areas, assembly areas, and an internal grid of public streets, shared streets, and utilities infrastructure. Overall, the proposed project would accommodate, depending on the uses proposed, approximately 1.1 to 1.6 million gsf of residential uses (estimated at 1,000 to 1,600 residential units), 972,000 to 1.4 million gsf of commercial uses, and 241,000 to 244,800 gsf of active/retail and production uses on 11 proposed development blocks on Seawall Lot 337, plus rehabilitation of approximately 261,000 gsf of Pier 48 for reuse. New buildings would range in height from 90 to 240 feet, consistent with Proposition D (City of San Francisco Mission Rock Affordable Housing, Parks, Jobs, and Historic Preservation Initiative) passed in November 2015. Planning Commission actions that would enable the development include adoption of new zoning (Mission Rock Mixed-Use District and Special Use District), the adoption of a Design Controls document, and approval of a Development Agreement between the City and County of San Francisco and SWL 337 Associates, LLC.  The project site is owned by the Port of San Francisco.  Seawall Lot 337 is in a Mission Bay Open Space (MB-OS) Use District and the Mission Rock Height and Bulk District. Pier 48 is in a Heavy Industrial (M-2) Use District and the Mission Rock Height and Bulk District; Parcel P20 is within the Mission Bay Redevelopment Project Area.

NOTE: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on June 12, 2017. Public comment will be received when the item is called during the hearing. However, comments submitted may not be included in the Final EIR.

Preliminary Recommendation: Certify the Final EIR

 

15a.       2013.0208ENV                                                                               (M. SNYDER (415) 575-6891)

SEAWALL LOT 337 AND PIER 48 MIXED-USE PROJECT (AKA MISSION ROCK MIXED-USE PROJECT) - located east of Third Street, between China Basin Channel and Mission Rock Street, Assessor’s Block 8719/Lot 006; and Block 9900/Lot 048 (District 6)  - Request for Adoption of Findings and Adoption of Statement of Overriding Considerations under the California Environmental Quality Act (CEQA). The proposed project that would be enabled by this action includes the multi-phase development of Seawall Lot 337 and Mission Bay Parcel P20, the rehabilitation and reuse of Pier 48, and construction of approximately 5.4 acres of net new open spaces for a total of approximately 8.0 acres of open space on the project site. In addition, approximately 1.1 million gross square feet (gsf) of above- and below-grade parking would be provided. The proposed project would also include public access areas, assembly areas, and an internal grid of public streets, shared streets, and utilities infrastructure. Overall, the proposed project would accommodate, depending on the uses proposed, approximately 1.1 to 1.6 million gsf of residential uses (estimated at 1,000 to 1,600 residential units) and 972,000 to 1.4 million gsf of commercial uses and 241,000 to 244,800 gsf of active/retail and production uses on 11 proposed development blocks on Seawall Lot 337, plus rehabilitation of approximately 261,000 gsf of Pier 48 for reuse. New buildings would range in height from 90 to 240 feet, consistent with Proposition D (City of San Francisco Mission Rock Affordable Housing, Parks, Jobs, and Historic Preservation Initiative) passed in November 2015. Seawall Lot 337 is in a Mission Bay Open Space (MB-OS) Use District and the Mission Rock Height and Bulk District. Pier 48 is in a Heavy Industrial (M-2) Use District and the Mission Rock Height and Bulk District;    Parcel P20 is within the Mission Bay Redevelopment Project Area.

Preliminary Recommendations: Adopt Findings

 

15b.       2013.0208PCAMAP                                                                       (M. SNYDER (415) 575-6891)

SEAWALL LOT 337 AND PIER 48 MIXED-USE PROJECT (AKA MISSION ROCK MIXED-USE PROJECT), located east of Third Street, between China Basin Channel and Mission Rock Street, Assessor’s Block 8719/Lot 006; and Block 9900/Lot 048 (District 6) Recommendation to the Board of Supervisors to Approve the Mission Rock Planning Code Text and Map Amendments [Board File No. 170940].   Ordinance introduced by Mayor Edwin Lee and Supervisor Jane Kim to amend the Planning Code and establish the Mission Rock Mixed-Use District and the Mission Rock Special Use District (SUD).  The proposed project that would be enabled by this action includes the multi-phase development of Seawall Lot 337 and Mission Bay Parcel P20, the rehabilitation and reuse of Pier 48, and construction of approximately 5.4 acres of net new open spaces for a total of approximately 8.0 acres of open space on the project site.  The Mission Rock SUD would modify specific Planning Code requirements related to permitted uses, ground floor frontage, building standards, lot coverage and rear yard, off-street parking, dwelling unit exposure, open space, off-street loading, signage, and would establish review procedures for phase approvals and building permits for the Mission Rock Mixed-Use Project. The SUD would also incorporate by reference a proposed “Design Controls” for Mission Rock that provides specificity on land use, open space, streets and streetscapes, parking and loading, buildings, and lighting, and signage.   The Map Amendment would amend Zoning Use District Map No. ZN08 to rezone Assessor’s Block 8719 / 006 from MB-OS (Mission Bay – Open Space) to Mission Rock Mixed-Use District,  and Zoning Special Use District Map SU08 to rezone the same parcel from MB-OS and Assessor’s Block 9900 / 048 from M-2 (Heavy Industrial) to Mission Rock Special Use District.  Finally, this action would adopt findings of consistency with the General Plan and with Planning Code Section 101.1.  Seawall Lot 337 is in a Mission Bay Open Space (MB-OS) Use District and the Mission Rock Height and Bulk District. Pier 48 is in a Heavy Industrial (M-2) Use District and the Mission Rock Height and Bulk District;    Parcel P20 is within the Mission Bay Redevelopment Project Area.  The proposed amendments will be before the Commission so that it may recommend adoption, rejection, or adoption with modifications to the Board of Supervisors.

Preliminary Recommendations: Approve

 

15c.        2013.0208DVA                                                                               (M. SNYDER (415) 575-6891)

SEAWALL LOT 337 AND PIER 48 MIXED-USE PROJECT (AKA MISSION ROCK MIXED-USE PROJECT) - located east of Third Street, between China Basin Channel and Mission Rock Street, Assessor’s Block, Block 8719/Lot 006; and Block 9900/Lot 048 (District 6) - Recommendation to the Board of Supervisors to Approve a Development Agreement between the City and County of San Francisco and Seawall Lot 337 Assoc., LLC, [Board File No 170940] - The proposed project that would be enabled by this action includes the multi-phase development of Seawall Lot 337 and Mission Bay Parcel P20, the rehabilitation and reuse of Pier 48, and construction of approximately 5.4 acres of net new open spaces for a total of approximately 8.0 acres of open space on the project site. In addition, approximately 1.1 million gross square feet (gsf) of above- and below- ground parking would be provided. The proposed project would also include public access areas, assembly areas, and an internal grid of public streets, shared streets, and utilities infrastructure. Overall, the proposed project would accommodate, depending on the uses proposed, approximately 1.1 to 1.6 million gsf of residential uses (estimated at 1,000 to 1,600 residential units) and 972,000 to 1.4 million gsf of commercial uses, and 241,000 to 244,800 gsf of active/retail and production uses on 11 proposed development blocks on Seawall Lot 337, plus rehabilitation of approximately 261,000 gsf of Pier 48 for reuse. New buildings would range in height from 90 to 240 feet, consistent with Proposition D (City of San Francisco Mission Rock Affordable Housing, Parks, Jobs, and Historic Preservation Initiative) passed in November 2015. Pursuant to San Francisco Administrative Code Section 56.4(c) the Director of Planning has received and accepted a complete application for the above-mentioned development agreement which is available for review by the public at the Planning Department in Planning Department Case File 2013.0208DVA.   Seawall Lot 337 is in a Mission Bay Open Space (MB-OS) Use District and the Mission Rock Height and Bulk District. Pier 48 is in a Heavy Industrial (M-2) Use District and the Mission Rock Height and Bulk District.    Parcel P20 is within the Mission Bay Redevelopment Project Area. 

Preliminary Recommendations: Approve

 

15d.       2013.0208CWP                                                                              (M. SNYDER (415) 575-6891)

SEAWALL LOT 337 AND PIER 48 MIXED-USE PROJECT (AKA MISSION ROCK MIXED-USE PROJECT) - located east of Third Street, between China Basin Channel and Mission Rock Street, Assessor’s Block 8719/Lot 006; and Block 9900/Lot 048 (District 6)  - Adoption of Mission Rock Design Controls Document .  The Design Controls Document (“DC”) would provide development controls and guidelines for the Mission Rock Project for streets, open space, buildings and other features.   The proposed project that would be enabled by this action includes the multi-phase development of Seawall Lot 337 and Mission Bay Parcel P20, the rehabilitation and reuse of Pier 48, and construction of approximately 5.4 acres of net new open spaces for a total of approximately 8.0 acres of open space on the project site. In addition, approximately 1.1 million gross square feet (gsf) of above- and below- ground parking would be provided. The proposed project would also include public access areas, assembly areas, and an internal grid of public streets, shared streets, and utilities infrastructure. Overall, the proposed project would accommodate, depending on the uses proposed, approximately 1.1 to 1.6 million gsf of residential uses (estimated at 1,000 to 1,600 residential units) and 972,000 to 1.4 million gsf of commercial uses, and 241,000 to 244,800 gsf of active/retail and production uses on 11 proposed development blocks on Seawall Lot 337, plus rehabilitation of approximately 261,000 gsf of Pier 48 for reuse. New buildings would range in height from 90 to 240 feet, consistent with Proposition D (City of San Francisco Mission Rock Affordable Housing, Parks, Jobs, and Historic Preservation Initiative) passed in November 2015. Seawall Lot 337 is in a Mission Bay Open Space (MB-OS) Use District and the Mission Rock Height and Bulk District. Pier 48 is in a Heavy Industrial (M-2) Use District and the Mission Rock Height and Bulk District.    Parcel P20 is within the Mission Bay Redevelopment Project Area. 

Preliminary Recommendations: Approve

 

16.          2015-005862ENX                                                                    (K. DURANDET: (415) 575-6816)

975 BRYANT STREET - south side of Bryant  Street between 7th and 8th Streets, Lot 044   in Assessor’s Block 3780 (District 6) - Request for a Large Project Authorization (LPA) pursuant to Planning Code Section (§) 329 to demolish the existing 32,407 square foot industrial building, currently authorized as a retail use and parking lot, and to construct a new 4-story (48-foot) over basement, 220,245 sq. ft. mixed-use building with 185 unit residential dwelling units, 2,990 sq. ft. of ground floor retail, and 51,085 sq. ft. of below grade parking containing 135 auto,123 Class 1 and 16 Class 2 bicycle, parking spaces. The proposed building will provide a total of 2,969 sq. ft. of publicly accessible open space adjacent to Kate Street, 1,440 sq. ft. of private open space, and 10,985 sq. ft. of common open space provided in courtyards and a roof deck. Under the LPA the project is seeking exceptions for required Rear Yard (§134), Permitted Obstructions (§136) and Dwelling Unit Exposure (§140). The subject property is located within the UMU (Urban Mixed-Use) Zoning District, and 48-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

(Continued from Regular Meeting of September 14, 2017)

 

17a.       2015-005863ENX                                                                                   (D. VU: (415) 575-9120)

342-360 5th STREET - west side between Shipley and Clara Streets - Lots 005, 006A, 007, 057, 058, 100, 101 & 147 in Assessor’s Block 3753 (District 6) - Request for Large Project Authorization, pursuant to Planning Code Section 329 including exceptions from the rear yard, obstructions over streets and alleys, dwelling unit exposure, and off-street loading requirements pursuant to Planning Code Sections 134, 136, 140, and 152, respectively, for the demolition of three existing light industrial structures totaling 17,897 square feet and proposed new construction of a 45- to 85-ft. tall, up to eight-story and 132,560 square feet mixed-use development that includes approximately 1,302 square feet of ground floor commercial, 8,011 square feet of ground floor and partially underground light industrial (PDR) space, and 123,247 sq. ft. of residential use for 127 dwelling units. The proposed project would also include a total 10,321 sq. ft. of private and common residential open space and an approximately 18,361 sq. ft. basement-level garage for 40 automobile parking, two car-share, two loading, and 107 Class 1 bicycle parking spaces. The subject properties are located within the Mixed Use Residential (MUR) Zoning District and 45-X and 85-X Height and Bulk Districts. 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

(Continued from Regular Meeting of September 14, 2017)

 

               17b.       2015-005863CUA                                                                                   (D. VU: (415) 575-9120)

342-360 5th STREET - west side between Shipley and Clara Streets - Lots 005, 006A, 007, 057, 058, 100, 101 & 147 in Assessor’s Block 3753 (District 6) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 202.8 and 303 including exceptions from the rear yard, obstructions over streets and alleys, dwelling unit exposure, and off-street loading requirements pursuant to Planning Code Sections 134, 136, 140, and 152, respectively, for the demolition of three existing light industrial structures totaling 17,897 square feet and proposed new construction of a 45- to 85-ft. tall, up to eight-story and 132,560 square feet mixed-use development that includes approximately 1,302 square feet of ground floor commercial, 8,011 square feet of ground floor and partially underground light industrial (PDR) space, and 123,247 sq. ft. of residential use for 127 dwelling units. The proposed project would also include a total 10,321 sq. ft. of private and common residential open space and an approximately 18,361 sq. ft. basement-level garage for 40 automobile parking, two car-share, two loading, and 107 Class 1 bicycle parking spaces. The subject properties are located within the Mixed Use Residential (MUR) Zoning District and 45-X and 85-X Height and Bulk Districts.

Preliminary Recommendation: Approve with Conditions

(Continued from Regular Meeting of September 14, 2017)

 

18.          2015-009507CUA                                                                                (C. MAY: (415) 575-9087)

318 30TH AVENUE - east side of 30th Avenue, between California and Clement Streets; Lot 041 in Assessor’s Block 1404 (District 1) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 317, to demolish an existing one-story-over-garage, single-family dwelling and construct a new four-story, 2-unit building within an RH-2 (Residential – House, Two-Family) Zoning District and a 40-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

 

G.               DISCRETIONARY REVIEW CALENDAR 

 

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.

 

19.          2016-004009DRP                                                                           (V. FLORES: (415) 575-9173)

3932-3934 26TH STREET - between Sanchez and Church Streets, Lot 012 in Assessor’s Block 6552 (District 8) - Request for Discretionary Review of Building Permit Application No. 2016.03.18.2438, proposing to the renovation and addition to an existing three-story two-unit building located within a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District. The project will excavate and expand the garage level. Additionally, the proposal includes a rear horizontal addition to the second and third floors; a new vertical addition for a fourth floor, and façade alterations. Each unit will occupy two floors. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary

(Continued from Regular Meeting of August 31, 2017)

NOTE: On February 9, 2017, after hearing and closing public comment, the Commission continued the matter to June 1, 2017 by a vote of +5 -1 (Johnson against; Fong absent).

On June 1, 2017, after hearing and closing public comment, the Commission continued the matter to August 31, 2017 by a vote of +4 -2 (Melgar, Richards against; Johnson absent).

On August 31, 2017, without hearing, the Commission continued the matter to October 5, 2017 by a vote of +6 -1 (Richards against).

 

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:

 

  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.