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Commission continues entitlement items 6–9 after noticed mailing error; hearing reset for April 15

San Francisco Planning Commission & Recreation and Park Commission · March 18, 2010
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Summary

Because a rear-yard exception was omitted from mailed notices and the newspaper ad, the commissions agreed to continue entitlement items 6–9 to April 15 to allow re-noticing; the zoning administrator continued the variance to April 15 as well.

Early in the joint hearing, Planning staff and the City Attorney advised commissioners that the mailed 300-foot notice and the newspaper advertisement for the project omitted one exception (a rear-yard exception listed on the calendar). Because the omission raised a legal noticing issue under the Planning Code, staff and the City Attorney recommended continuing the entitlement package so the required notices could be reissued and interested parties given proper opportunity to comment.

Commissioner Olague moved to continue items 6, 7 and 8 to April 15 (a tentative date chosen to avoid scheduling conflicts), and the motion passed by roll call. The zoning administrator separately continued the variance (item 9) to April 15. Staff committed to remail the 300-foot notices and re-advertise the corrected notice in the newspaper; the continuance ensures the commissions will consider the entitlements only after the re-noticing period has run.

Practical effect: CEQA certification (items 1–5) could proceed despite the continuance of entitlements; staff and the City Attorney had explicitly noted that certification and actions tied to joint Rec & Park items could move forward while the entitlements related to item 8 would be deferred for re-noticing. The continuance was framed as a procedural step to protect public notice rights rather than a determination on the merits of the entitlement requests.