SERVICE
Appeal Filing to the Board of Supervisors Certificate of Appropriateness Appeal
Board of SupervisorsWhat to know
The decision of the Historic Preservation Commission (HPC) or the Planning Commission on a Certificate of Appropriateness shall be final unless appealed to the Board of Appeals, which may modify the decision by a four-fifths vote; provided, however, that if the project requires Board of Supervisors approval or is appealed to the Board of Supervisors as a Conditional Use Authorization, the decision shall not be appealed to the Board of Appeals but rather to the Board of Supervisors, which may modify the decision by a majority vote, pursuant to Planning Code, Section 1006.7. Any appeal must be made within 30 days after the date of the final action by the HPC or Planning Commission.
Contact the Office of the Clerk of the Board to determine whether a Conditional Use appeal has been filed on the proposed project to determine whether an appeal of the Certificate of Appropriateness can be filed with the Board of Supervisors. In the absence of a Conditional Use appeal, a Certificate of Appropriateness appeal must be filed with the Board of Appeals.
What to know
The decision of the Historic Preservation Commission (HPC) or the Planning Commission on a Certificate of Appropriateness shall be final unless appealed to the Board of Appeals, which may modify the decision by a four-fifths vote; provided, however, that if the project requires Board of Supervisors approval or is appealed to the Board of Supervisors as a Conditional Use Authorization, the decision shall not be appealed to the Board of Appeals but rather to the Board of Supervisors, which may modify the decision by a majority vote, pursuant to Planning Code, Section 1006.7. Any appeal must be made within 30 days after the date of the final action by the HPC or Planning Commission.
Contact the Office of the Clerk of the Board to determine whether a Conditional Use appeal has been filed on the proposed project to determine whether an appeal of the Certificate of Appropriateness can be filed with the Board of Supervisors. In the absence of a Conditional Use appeal, a Certificate of Appropriateness appeal must be filed with the Board of Appeals.
What to do
Who May File An Appeal:
Any person may appeal a Historic Preservation Commission or Planning Commission decision to grant or deny a Certificate of Appropriateness.
Filing Deadline:
In accordance with Planning Code, Section 1006.7, the notice of appeal must be filed within 30 days of the HPC or Planning Commission’s decision.
NOTE: If the 30th day falls on a Saturday, Sunday or holiday, the appeal may be filed before 5:00 p.m. on the next business day.
What to File:
The following shall be filed with the Clerk of the Board of Supervisors:
(1 original and 2 hard-copies)
- Notice of original signed letter of appeal, addressed to the Clerk of the Board;
- A copy of the HPC or Planning Commission’s Decision;
- Any documentation to be included as evidence to support the appeal; and
- $787 Appeal Fee, payable to the Planning Department.*
Planning Code, Section 350
* Appeal Fee is subject to annual Consumer Price Index adjustment, as determined by the Controller.
Contact the Clerk's Office at (415) 554-5184 or board.of.supervisors@sfgov.org to confirm current Appeal Fee.
For Fee Waiver information, visit Appeal Information
NOTE: An appeal filing is not considered complete until all documents (see 1-4 above) have been received timely, including the Appeal Fee. Incomplete packages or those received after the mandated deadlines will be considered non-compliant and not eligible for consideration.
NOTE: Any materials will become public records; therefore, if any private information is included, Appellant is responsible for redacting such information prior to submission.
Where to File:
Clerk of the Board of Supervisors
1 Dr. Carlton B. Goodlett Place, Room 244
San Francisco, CA 94102
Email appeal documents to: BOS.Legislation@sfgov.org
Hearing Date:
Upon receipt, the Clerk shall set a time and place for hearing, which shall be not less than 10 nor more than 30 days after filing.
The Board of Supervisors shall hold a public hearing on any such proposal appealed to it or initiated by it, after due notice to the owners of the property included in the proposal and any applicant(s), and such other notice as the said Board may deem necessary. Appeals are scheduled on the last Tuesday within the 30 day period at 3:00 p.m., or at the next regularly scheduled Board meeting should such timeframes fall within a Board recess. If more than one appeal is scheduled the Clerk of the Board may consolidate and/or schedule the later appeals at a specified time later than 3:00 p.m.
No Committee hearing is held.
Decision:
The Board of Supervisors may overrule, approve, or modify and approve, the decision of the HPC or Planning Commission, by a majority vote of all its members.
Next Steps:
Once the Appeal is determined ripe and timely, the Clerk will notify the appellant of the date, time, and place for the hearing before the Board of Supervisors.
Additionally, 11 days prior to the hearing, the appellant shall provide the names and addresses of the interested parties to be notified in label format.
Any additional documentation the appellant would like the Board members to consider must be delivered to the Clerk no later than eight days prior to the hearing.