Planning Commission - January 26, 2017 - Agenda

Meeting Date: 
January 26, 2017 - 12:00pm
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, January 26, 2017

12:00 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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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.

 

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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.          2014.0011X                                                                                             (D. VU: (415) 575-9120)

1298 HOWARD STREET - northeast corner of 9th and Howard Streets – Lots 019, 024, 025, 086 & 087 in Assessor’s Block 3728 - Request for Large Project Authorization, pursuant to Planning Code Section 329 and 823 including exceptions from the rear yard, usable open space and dwelling unit exposure requirements pursuant to Planning Code Sections 134, 135 and 140, respectively, for the proposed construction of a 45- to 55-ft. tall, five-story mixed-use development consisting of two buildings totaling 139,516 square feet that include 124 dwelling units, approximately 13,850 sq. ft. of ground floor commercial space, 9,050 sq. ft. of common and public open space partially through a 30-ft. wide mid-block alley and a 30,395 sq. ft. basement for 71 automobile and 188 Class 1 bicycle parking spaces. The subject properties are located in the Regional Commercial (RCD), WSoMa Mixed Use-General (WMUG) and Residential Enclave-Mixed (RED-MX) Districts and 45-X and 55-X Height and Bulk Districts. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Pending

            (Continued from Regular Hearing of December 1, 2016)

               (Proposed for Continuance to March 2, 2017)

 

1b.         2014.0011C                                                                                                     (D. VU: (415) 575-9120)

1298 HOWARD STREET - northeast corner of 9th and Howard Streets – Lots 019, 024, 025, 086 & 087 in Assessor’s Block 3728 - Request for Conditional Use Authorization of a Planned Unit Development, pursuant to Planning Code Sections 121.1, 121.2, 121.7, 202.5, 303 and 304 for the conversion of an automobile service station, demolition of all existing structures, merger of lots and the construction of a 45- to 55-ft. tall, five-story mixed-use development consisting of two buildings totaling 139,516 sq. ft. that include 124 dwelling units, approximately 13,850 sq. ft. of ground floor commercial space, 9,050 sq. ft. of common and public open space partially through a 30-ft. wide mid-block alley and a 30,395 sq. ft. basement for 71 automobile and 188 Class 1 bicycle parking spaces. The Project is also requesting modifications from the rear yard, usable open space and dwelling unit exposure requirements pursuant to Planning Code Sections 134, 135 and 140, respectively. The subject properties are located in the Regional Commercial (RCD), WSoMa Mixed Use-General (WMUG) and Residential Enclave-Mixed (RED-MX) Districts and 45-X and 55-X Height and Bulk Districts.

Preliminary Recommendation: Pending

            (Continued from Regular Hearing of December 1, 2016)

            (Proposed for Continuance to March 2, 2017)

 

2.            2015-013617CUA                                                                           (B. BENDIX: (415) 575-9114)

471 24TH AVENUE - located on the west side of 24th Avenue between Clement Street and Geary Boulevard, Lot 013 in Assessor’s Block 1456 (District 1) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 317 to demolish a two-story single family dwelling through a major alteration within a RM-1 (Residential, Mixed, Low Density) Zoning District and 40-X Height and Bulk District. The project will construct horizontal additions at the front and rear of the existing structure, construct a two-story vertical addition, renovate the front façade and establish two addition dwelling units. The resulting 40-foot tall building will contain three dwelling units. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve with Conditions

(Continued from Regular hearing of October 6, 2016)

            (Proposed for Continuance to March 23, 2017)

 

3.         2015-007042DRP                                                                           (B. BENDIX: (415) 575-9114)

463 32ND AVENUE - west side between Geary Boulevard and Clement Street; Lot 006 in Assessor’s Block 1464 (District 1) - Request for Discretionary Review of Building Permit Application No. 2015.06.02.7757 proposing the establishment of a second dwelling unit and vertical and rear horizontal additions to a two-story over garage, single-family house within a RH-2 (Residential, House, Two-Family) District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve as Amended

(Continued from Regular Hearing of November 10, 2016)

WITHDRAWN

 

4.            2015-001073DRP                                                                         (C. TOWNES: (415) 575-9195)

44 AZTEC STREET- south side of Aztec Street, between Coso Avenue and Shotwell Street; Lot 015 in Assessor’s Block 5521 (District 9) - Request for Discretionary Review (DR) of building permit application Nos. 2015.0624.9730 and 2015.0624.9736, proposing to demolish an existing single family residence and construct a four-story, 38-foot tall, single family residence with two off-street parking spaces within a RH-1 (Residential House, One-Family) Zoning District, Bernal Heights Special Use District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

WITHDRAWN

 

B.  CONSENT CALENDAR

 

All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and may be acted upon by a single roll call vote of the Commission.  There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing

 

 

5.            2016-006613CUA                                                                         (E. JARDINES: (415) 575-9144)

1245 ALABAMA STREET – located on the east side of Alabama Street between 24th and 25th Streets; Lot 027 and in Assessor’s Block 4269 (District 9) – Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.1, 303 and 317, to allow the expansion of a child-care facility (DBA Mission Neighborhood Centers) and allow the change of use and residential conversion from the vacant St. Peter’s Convent (group housing) to a community facility (DBA Mission Neighborhood Centers) on the second floor of an existing two-story building. The subject property is 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 purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

                    Preliminary Recommendation: Approve with Conditions

                        (Continued from Regular Hearing of January 5, 2017)

 

C.         COMMISSION MATTERS

 

6.            Consideration of Adoption:

·       Draft Minutes for January 12, 2017

 

7.            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

 

8.            Director’s Announcements

 

9.            Review of Past Events at the Board of Supervisors, Board of Appeals and Historic Preservation Commission

              

E.         GENERAL PUBLIC COMMENT – 15 MINUTES

 

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items.  With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting.  Each member of the public may address the Commission for up to three minutes.

 

F.                REGULAR CALENDAR 

 

The Commission Hearing Procedures provide for presentations by staff; followed by the project sponsor team; followed by public comment for and against the proposal.  Please be advised that the project sponsor team includes: the sponsor(s) or their designee, lawyers, architects, engineers, expediters, and/or other advisors.

              

10.                 2011.1356E                                                                                           (M. JACINTO: (415) 575-9033)

CENTRAL SOMA PLAN – Public Hearing on the Draft Environmental Impact Report.  The project is a comprehensive plan for the 230-acre, 17-block portion of the city’s South of Market neighborhood bounded by Second Street on the east, Sixth Street on the west, Townsend Street on the south, and an irregular border that generally follows Folsom, Howard and Stevenson Streets to the north. The proposal is the draft Central SoMa Plan, published in August 2016, which seeks to encourage and accommodate housing and employment growth within the Plan Area by: (1) amending existing use districts and planning controls to support mixed-use and office development in portions of the Plan Area where such uses may currently be restricted or not permitted; (2) amending existing height and bulk districts to permit greater heights and densities than currently allowed; (3) modifying street and circulation patterns within and adjacent to the Plan Area; and (4) establishing new, and improving existing, open spaces. The Plan proposes planning policies and controls for land use; urban form (building height, setback and design); functional circulation changes to Folsom, Howard, Harrison, Bryant, Brannan, Third, and Fourth Streets in areas within and beyond the Plan Area; as well as policies and implementation measures related to open space, historical preservation and sustainability. The Plan requires General Plan, Planning Code, and Zoning Map text amendments as well as adoption of a Special Use District (SUD) to permit the Plan’s uses at the locations, heights and intensities proposed.

NOTE: Written comments on the Draft Environmental Impact Report will be accepted at the Planning Department until 5 p.m. on February 13, 2017.

Preliminary recommendation: Review and Comment

11.          2014.0241E                                                                                  (R. SCHUETT: (415) 575-9030)
1028 MARKET STREET - North side of Market Street between Jones and Taylor streets; Assessor’s Block 0350 Lot 002 - Certification of the Final Environmental Impact Report. The proposed project includes demolition of the existing two-story, 33,310-gross-square-foot (gsf) historic commercial building and construction of a 13-story, approximately 120-foot-tall, multi-family residential development, with a maximum of 186 residential units, 9,657 gsf of ground-floor retail/restaurant uses (four tenant spaces), and a one-level 15,556 gsf below-grade basement level parking garage for up to 40 parking spaces. The project site is located in the Downtown General Commercial (C-3-G) Zoning District and the 120-X Height and Bulk District, within the Downtown Plan area. The Final EIR/EIS concluded that implementation of the 1028 Market Street project would result in significant unavoidable environmental impacts related to: historic architectural resources.
Please Note: The public hearing on the Draft EIR/EIS is closed. The public comment period for the Draft EIR/EIS ended on November 7, 2016. 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/EIS

 

12a.       2014.0241E                                                                           (M. BOUDREAUX: (415) 575-9140)

1028 MARKET STREET – (Assessor Block 0350 /Lots 002) (District 6) - Adoption of CEQA Findings for the proposed project that includes demolition of the existing two-story, 33,310-gross-square-foot (gsf) historic commercial building and construction of a 13-story, approximately 120-foot-tall, multi-family residential development, with a maximum of 186 residential units, 9,657 gsf of ground-floor retail/restaurant uses (four tenant spaces), and a one-level 15,556 gsf below-grade basement level parking garage for up to 40 parking spaces. The property is within a C-3-G (Downtown-General) Zoning District and 120-X Height and Bulk District. 

Preliminary Recommendation: Adopt Findings

 

12b.       2014.0241X                                                                          (M. BOUDREAUX: (415) 575-9140)

1028 MARKET STREET – (Assessor Block 0350 /Lots 002) (District 6) - Request for Determination of Compliance for Downtown Project Authorization pursuant to Planning Code Section 309, with exceptions including “Ground Level Wind Currents,” “Freight Loading,” “Rear Yard,” and “Curb Cuts (Golden Gate Avenue).”  The proposed project includes demolition of the existing two-story, 33,310-gross-square-foot (gsf) historic commercial building and construction of a 13-story, approximately 120-foot-tall, multi-family residential development, with a maximum of 186 residential units, 9,657 gsf of ground-floor retail/restaurant uses (four tenant spaces), and a one-level 15,556 gsf below-grade basement level parking garage for up to 40 parking spaces. The property is within a C-3-G (Downtown-General) Zoning District and 120-X Height and Bulk District. 

Preliminary Recommendation: Approve with Conditions

 

12c.        2014.0241CUA                                                                     (M. BOUDREAUX: (415) 575-9140)

1028 MARKET STREET – (Assessor Block 0350 /Lots 002) (District 6).  Request for Conditional Use Authorization  pursuant to Planning Code Sections 124(f) and 303 to exempt the on-site inclusionary units from calculation of floor area ratio. The proposed project includes demolition of the existing two-story, 33,310-gross-square-foot (gsf) historic commercial building and construction of a 13-story, approximately 120-foot-tall, multi-family residential development, with a maximum of 186 residential units, 9,657 gsf of ground-floor retail/restaurant uses (four tenant spaces), and a one-level 15,556 gsf below-grade basement level parking garage for up to 40 parking spaces. The property is within a C-3-G (Downtown-General) Zoning District and 120-X Height and Bulk District. 

Preliminary Recommendation: Approve with Conditions

 

12d.       2014.0241VAR                                                                     (M. BOUDREAUX: (415) 575-9140)

1028 MARKET STREET - (Assessor Block 0350 /Lots 002) (District 6).  Request for Variance from the requirements for dwelling unit exposure (Planning Code Section 140), for projections over the public right of way for the public art (Planning Code Section 136(d)), and  a height exception for the elevator mechanicals (Planning Code Section 260(b)). The proposed project includes demolition of the existing two-story, 33,310-gross-square-foot (gsf) historic commercial building and construction of a 13-story, approximately 120-foot-tall, multi-family residential development, with a maximum of 186 residential units, 9,657 gsf of ground-floor retail/restaurant uses (four tenant spaces), and a one-level 15,556 gsf below-grade basement level parking garage for up to 40 parking spaces. The property is within a C-3-G (Downtown-General) Zoning District and 120-X Height and Bulk District.

 

12e.       2014.0241X                                                                          (M. BOUDREAUX: (415) 575-9140)

1208 MARKET STREET - Informational Presentation of the 1% Public Art Requirement for a project that includes demolition of the existing two-story, 33,310-gross-square-foot (gsf) historic commercial building and construction of a 13-story, approximately 120-foot-tall, multi-family residential development, with a maximum of 186 residential units, 9,657 gsf of ground-floor retail/restaurant uses (four tenant spaces), and a one-level 15,556 gsf below-grade basement level parking garage for up to 40 parking spaces. The property is within a C-3-G (Downtown-General) Zoning District and 120-X Height and Bulk District.

Preliminary Recommendation: None - Informational

 

13.          2015-007183CUA                                                                       (T. KENNEDY: (415) 575-9125)

79 CRAGMONT AVENUE - west side of Cragmont Avenue, located in the Inner Sunset Neighborhood, Lot 012 in Assessor’s Block 2131A (District 7) - Request for Conditional Use Authorization to authorize the demolition of a 1700 square foot, one-story house and replace it with a 3,756 square foot, two – story house in its place pursuant Planning Code Sections 317, 209.1, and 303.  The subject property is within a RH-1 (Residential House-Single Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve with Conditions

 

14.          2015-017998OFA                                                                              (R. SUCRE: 415/575-9108)

144 TOWNSEND STREET - located on the west side of Townsend Street between Stanford Street and Clarence Place, Lot 009A in Assessor’s Block 3788 - Request for an Office Development Authorization under Planning Code Sections 321, 322 and 842.66 for a change in use from self-storage facility to office use, and authorize up to approximately 42,510 gross square feet from the Office Development Annual Limit. The subject property is located within the South End Landmark District, MUO (Mixed-Use Office) Zoning District and 65-X Height and Bulk District.

15a.       2013.1037C                                                                                          (C. MAY: (415) 575-9087)

650 DIVISADERO STREET - southeast corner of Divisadero and Grove Streets; Lot 002B in Assessor’s Block 1202 (District 5) - Request for Conditional Use Authorization pursuant to Planning Code Sections 121.1, 271, 303, 746.10 and 746.11 to permit the development of a 6-story mixed-use building containing 66 residential dwelling units above 26 ground floor parking spaces and 3,528 square feet of commercial uses within the Divisadero Street Neighborhood Commercial Transit (NCT) District, the Fringe Financial Services Restricted Use District and 65-A 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 Hearing of October 20, 2016)

15b.       2013.1037V                                                                                          (C. MAY: (415) 575-9087)

650 DIVISADERO STREET - southeast corner of Divisadero and Grove Streets; Lot 002B in Assessor’s Block 1202 (District 5) - Request for Rear Yard Modification pursuant to Planning Code Section 134 to permit the development of a 6-story mixed-use building containing 66 residential dwelling units above 26 ground floor parking spaces and 3,528 square feet of commercial uses within the Divisadero Street Neighborhood Commercial Transit (NCT) District, the Fringe Financial Services Restricted Use District and 65-A Height and Bulk District.

 

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.

 

16.          2016-009352DRM                                                                         (C. CLARKE: (415) 575-9184)

2442 BAYSHORE BOULEVARD - west side of Bayshore Boulevard between Visitacion and Leland Avenues, Lot 020 in Assessor’s Block 6249 (District 10) - Mandatory Discretionary Review of Building Permit Application No. 2016.0830.6390 pursuant to Planning Code Sections 202.2(e)(1) and 712.84 to establish a Medical Cannabis Dispensary (MCD) use d.b.a. Elevated Systems in the existing 880 square-foot vacant tenant space at the ground floor of the existing two-story mixed-use building within the Neighborhood Commercial, Moderate Scale (NC-3) Zoning District (a portion of the lot is within the RH-1 (Residential - House, One-Family) Zoning District), Visitacion Valley / Schlage Special Use District, Visitacion Valley Zone 2 Redevelopment Area, and 55-X Height and Bulk District. The MCD would include on-site sales of medical cannabis and medical cannabis edibles. The MCD would not include on-site use of medical cannabis (e.g. smoking, vaporizing, or consumption of medical cannabis edibles), or on-site cultivation (harvesting of cannabis). A Planning Commission approval at the public hearing would constitute 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 Modifications

 

17.          2016-005312DRM                                                                            (J. SPEIRS: (415) 575-9161)

3185 MISSION STREET - east side of Mission Street, between Powers and Fair Avenues; Lot 015 in Assessor’s Block 5609 (District 9) - Request is for a Mandatory Discretionary Review of an application for a change of use from Retail to a Medical Cannabis Dispensary (MCD) at the ground story, within the NC-3 (Neighborhood Commercial – Moderate Scale) Zoning District and 40-X Height and Bulk District. The MCD is proposed for on-site sales, and on-site consumption. The associated Building Permit Application 2016.02.11.9450 is for change of use and interior alterations.  No significant exterior alterations are proposed. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Full Analysis

Preliminary Recommendation: Take Discretionary Review and Approve

 

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.