Planning Commission - August 4, 2016 - Agenda

Meeting Date: 
August 4, 2016 - 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, August 4, 2016

12:00 p.m.

Regular Meeting

 

Commissioners:

Rodney Fong, President

Dennis Richards, Vice President

Michael Antonini, Rich Hillis, Christine Johnson, Kathrin Moore, Cindy Wu,

 

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.

 

Know Your Rights Under the Sunshine Ordinance

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

 

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

 

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

 

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

 

San Francisco Lobbyist Ordinance

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

 

Accessible Meeting Information

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

 

Transit: The nearest accessible BART station is Civic Center. Accessible MUNI Metro lines are the F, J, K, L, M, N, T (exit at Civic Center or Van Ness stations). MUNI bus routes also serving the area are the 5, 6, 9, 19, 21, 47, 49, 71, and 71L. For more information regarding MUNI accessible services, call (415) 701-4485 or call 311.

 

Parking: Accessible parking is available at the Civic Center Underground Parking Garage (McAllister and Polk), and at the Performing Arts Parking Garage (Grove and Franklin). Accessible curbside parking spaces are located all around City Hall.

 

Disability Accommodations: To request assistive listening devices, real time captioning, sign language interpreters, readers, large print agendas or other accommodations, please contact the Commission Secretary at (415) 558-6309, or commissions.secretary@sfgov.org at least 48 hours in advance of the hearing to help ensure availability.

 

Language Assistance: To request an interpreter for a specific item during the hearing, please contact the Commission Secretary at (415) 558-6309, or commissions.secretary@sfgov.org at least 48 hours in advance of the hearing.

 

Allergies: In order to assist the City in accommodating persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, please refrain from wearing scented products (e.g. perfume and scented lotions) to Commission hearings.

 

SPANISH:

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

 

CHINESE:

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

 

TAGALOG:

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

 

RUSSIAN:

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

 

ROLL CALL:                                                                         

 

                                            President:                                Rodney Fong

                                            Vice-President:                      Dennis Richards

                                            Commissioners:                    Michael J. Antonini; Rich Hillis; Christine Johnson

                                                                                                Kathrin Moore; Cindy Wu

 

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.

 

1.             2014.1279ENX                                                                                             (C. TOWNES: (415) 575-9195)

249 PENNSYLVANIA AVENUE -  located on the east side of Pennsylvania Avenue between 18th and Mariposa Streets; Lots 010, 013, and 014 in Assessor’s Block 3990 (District 10) - Request for a Large Project Authorization (LPA), pursuant to Planning Code Section 329, to demolish two existing one-story warehouses (collectively measuring 19,125 square feet) and  construct a new four-story, 40-foot tall, mixed-use building (measuring 76,070 gross square feet) with 59 dwelling units and 3,426 square feet of ground floor Production, Distribution and Repair (PDR) space. The project includes 44 below-grade off-street parking spaces, 2 car share parking spaces, and 80 bicycle parking spaces.  Under the LPA, the project is seeking exceptions to certain Planning Code requirements, including: 1) rear yard (Planning Code Section 134); 2) dwelling unit exposure (Planning Code Section 140); and 3) horizontal mass reduction (Planning Code Section 270.1). The subject property is located within a UMU (Urban Mixed Use) 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 Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve with Conditions         

(Continued from Regular Meeting of June 2, 2016)

(Proposed for Continuance to September 15, 2016)

 

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.

 

2.             2016-006961CUA                                                                     (C. CLARKE: (415) 575-9184)

1977B UNION STREET - between Buchanan Street and Charlton Court, Lot 038 in Assessor’s Block 0542 (District 2) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 725.43 to allow a change of use from a 818 square-foot vacant Retail Use (previously occupied by Pacific Heights Place furniture store) to a Limited-Restaurant d.b.a. Globo, on the ground floor of the one-story building within the Union Street Neighborhood Commercial District (NCD) and 40-X Height and Bulk District. This project was reviewed under the Community Business Priority Processing Program (CB3P). 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

 

3.             2016-003525CUA                                                                                          (V. FLORES: (415) 575-9173)

1150 OCEAN AVENUE - north side of Ocean Avenue between Plymouth and Phelan Avenues; Lot 003 in Assessor’s Block 3180 (District 7) - Request for Conditional Use Authorization pursuant to Planning Code Section 303, 703.3, and 704.4 to allow a Type 41 ABC License in the existing formula retail grocery store (d.b.a. Whole Foods Market). The retail space measures approximately 24,175 gross square feet (gsf), with the bona fide eating establishment measuring at 1,595 gsf. There will be no exterior building expansion, interior renovations, or changes to the exterior signage. The subject property is located within the Ocean Avenue Neighborhood Commercial Transit Zoning District and 55-A 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

 

4.             2016-002498CUA                                                                                            (A. PERRY: (415) 575-9017)

1092 POST STREET & 1104 POLK STREET - northeast corner of Polk Street and Post Street; Lot 012 in Assessor’s Block 0692 (District 3) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 178, 723.41 and 788 to expand an existing Bar (d.b.a. Jackalope), currently located at 1092 Post Street, into the adjacent storefront at 1104 Polk Street. The Lower Polk Street Alcohol RUD does not allow any new Bars or Liquor Stores, however, the existing Bar’s Type 48 ABC License may be transferred to the expanded location through Conditional Use authorization. The subject property is located within the Polk Street Neighborhood Commercial District, the Lower Polk Street Alcohol Restricted Use District, and 130-E 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

 

C.         COMMISSION MATTERS

 

5.             Consideration of Adoption:

·         Draft Minutes for July 21, 2016 – Joint Hearing w/SFMTA

·         Draft Minutes for July 21, 2016

 

6.             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

 

7.             Director’s Announcements

 

8.             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.

 

9a.          2012.0726PCA                                                                                            (R. SchuetT: (415) 575-9030)

Transportation Demand Management Program - Planning Code Amendment to establish a citywide Transportation Demand Management (TDM) Program, to require Development Projects to incorporate design features, incentives, and tools that support sustainable forms of transportation; to create a new administrative fee to process TDM Plan applications and compliance reports; and to make conforming amendments to various sections of the Planning Code; affirming the Planning Department’s determination under the California Environmental Quality Act, and making findings of public necessity, convenience, and welfare under Planning Code Section 302, and findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Adopt a Recommendation for Approval

(Continued from Regular Meeting of July 14, 2016)

 

                9b.          2012.0726PCA                                                                                            (R. SchuetT: (415) 575-9030)

Transportation Demand Management Program - Adoption of Planning Commission Standards for the Transportation Demand Management (TDM) Program (TDM Program Standards) - to establish the specific requirements necessary for compliance with the Ordinance initiated by the Planning Commission amending the Planning Code to establish a citywide TDM Program. The adoption of the TDM Program Standards would be conditioned upon approval of the Planning Code amendments by the Board of Supervisors.

Preliminary Recommendation: Adopt

(Continued from Regular Meeting of July 14, 2016)

 

                10a.        2014.1041DNX                                                                                                        (D. VU: (415) 575-9120)

390 1ST  STREET - northwest corner of 1st and Harrison Streets; Lot 058 in Assessor’s Block 3749 (District 9) - Request for Downtown Project Authorization pursuant to Planning Code Sections 309.1 and 827 to demolish an automotive service station and construct an approximately174,448 gross square feet, fourteen-story and 138-feet 6-inches tall residential building consisting of up to 180 dwelling units, approximately 610 square feet of ground floor commercial space, and up to 95 underground parking spaces. The project is also requesting exceptions to the permitted obstructions and dwelling unit exposure requirements pursuant to Planning Code Sections 136 and 140, respectively. The subject property is located within the Rincon Hill Downtown Residential (RH-DTR) District and 45/65-R and 65/400-R Height and Bulk Districts. This notice also meets Section 312 requirements for public notification. 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 April 28, 2016)

NOTE: On April 28, 2016, after hearing and closing public comment, the Commission continued the matter to August 4, 2016 by a vote of +7 -0.

           

                10b.        2014.1041CUA                                                                                                        (D. VU: (415) 575-9120)

390 1ST STREET - northwest corner of 1st and Harrison Streets; Lot 058 in Assessor’s Block

3749 (District 9) - Request for Conditional Use Authorization pursuant to Planning Code Sections 202.5 and 303 for the conversion of an automobile service station to allow the demolition of all existing structures and construction of a new approximately 174,448 gross square feet, fourteen-story and 138-feet 6-inches tall residential building consisting of up to 180 dwelling units, approximately 610 square feet of ground floor commercial space, and up to 95 underground parking spaces. The subject property is located within the Rincon Hill Downtown Residential (RH-DTR) District, and 45/65-R and 65/400-R Height and Bulk Districts. This notice also meets Section 312 requirements for public notification.

Preliminary Recommendation: Approve with Conditions

(Continued from Regular Meeting of April 28, 2016)

NOTE: On April 28, 2016, after hearing and closing public comment, the Commission continued the matter to August 4, 2016 by a vote of +7 -0.

 

11a.        2014-000601ENX                                                                                            (R. SUCRE: (415) 575-9108)

2675 FOLSOM STREET - located along the east side of Folsom Street, between 22nd and 23rd Streets, Lots 006, 007, and 024 in Assessor’s Block 3639 (District 9) - Request for a Large Project Authorization, pursuant to Planning Code Section 329, for the demolition of the three existing buildings, and the new construction of a four-story residential building (measuring approximately 127,082 gross square feet; approximately 40-ft tall) with 117 dwelling units, approximately 786 square feet of art gallery, 90 off-street parking spaces, 118 Class 1 bicycle parking spaces, 7 Class 2 bicycle parking spaces, and a publically-accessible mid-block alley. Under the LPA, the project is seeking an exception to certain Planning Code requirements, including: 1) rear yard (Planning Code Section 134); 2) dwelling unit exposure (Planning Code Section 140); 3) off-street freight loading (Planning Code Section 152.1); and, 4) horizontal mass reduction (Planning Code Section 270.1). The project site is located within a UMU (Urban Mixed-Use), RH-2 (Residential, House, Two-Family), RH-3 (Residential, House, Three-Family) Zoning Districts 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.

Preliminary Recommendation: Approve with Conditions

(Continued from Regular Meeting of July 7, 2016)

 

 

 

11b.        2014-000601CUA                                                                                            (R. SUCRE: (415) 575-9108)

2675 FOLSOM STREET - located along the east side of Folsom Street between 22nd and 23rd Streets, Lots 006, 007, and 024 in Assessor’s Block 3639 (District 9) - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 209.1 and 303, and Planning Commission Resolution No. 19548, allow the dwelling unit density at a ratio of one dwelling unit per 1,000 square feet of lot area in the RH-3 Zoning District, and allow new construction of more than 75 dwelling units per the Mission 2016 Interim Zoning Controls. The proposed project includes the new construction of a four-story, 40-ft tall, residential building with 117 dwelling units and 90 off-street parking spaces. The project site is located within a UMU (Urban Mixed-Use), RH-2 (Residential, House, Two-Family), RH-3 (Residential, House, Three-Family) Zoning Districts and 40-X Height and Bulk District.

Preliminary Recommendation: Approve with Conditions

(Continued from Regular Meeting of July 7, 2016)

 

12.          2014.1552CUA                                                                                                   (C. GROB: (415) 575-9138)

2815 POLK STREET- west side of Polk Street between Chestnut Street and Francisco Street; Lot 003 in Assessor’s Block 0478 (District 3) - Request for Conditional Use Authorization, pursuant to Planning Code Section 317 for the demolition of an existing 2,443 square foot, one-story over basement single family home and construction of an approximately 6,273 square foot, three-story over garage residential building with three dwelling units and four off-street parking spaces. The subject property is located within a RM-1 (Residential – Mixed, Low Density) 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

 

13a.        2016-001512CUA                                                                                  (E. SAMONSKY:  (415) 575-9112)

201-203 ROOSEVELT WAY - south side at the intersection with 15th Street and Park Hill Avenue; Lot 114 in Assessor’s Block 2614 (District 6) - Request for Conditional Use Authorization, pursuant to Planning Code Section 303 and 317, to allow the dwelling unit merger and tantamount to demolition of an existing 3,111 square foot, three-story two family home and its replacement with an approximately 3,267 square foot, three-story one family home within a RH-2 (Residential House, Mixed, 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 Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve with Conditions

 

13b.        2016-001512VAR                                                                                   (E. SAMONSKY: (415) 575-9112)

201-203 ROOSEVELT WAY - south side at the intersection with 15th Street and Park Hill Avenue; Lot 114 in Assessor’s Block 2614 (District 6) - Request for Variances, pursuant to Planning Code Section 134 to modify the rear yard requirement in the Residential House, Two-Family District, to allow the expansion and conversion of the detached garage structure into a 1,090 square foot dwelling. The project site is located within a RH-2 (Residential House, Two-Family) Zoning District and 40-X Height and Bulk District.

 

        14a.        2015-009279CUA                                                                                                (C. MAY: (415) 575-9087)

1433 BUSH STREET - south side of Bush Street, between Van Ness Avenue and Polk Street; Lot 024 in Assessor’s Block 0670 (District 3) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 253, 253.2, 271 and 303, to modify a previously-approved project (Case No. 2009.1074C, Planning Commission Motion No. 19159 approved May 22, 2014) to construct an 11-story building with 47 dwelling units above two ground floor retail spaces totaling 1,996 square feet.  The project would include a rooftop deck, eight vehicular parking spaces in a below grade garage, accessed via Fern Street, and 53 bicycle parking spaces. The project is located within a RC-4 (Residential-Commercial, High Density) District, the Van Ness Avenue Special Use District and 130-V 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 July 14, 2016)

NOTE: On June 9, 2016, after hearing and closing public comment, the Commission continued the matter to July 14, 2016 by a vote of +6 -0 (Fong absent).

On July 14, 2016, without hearing continued to August 4, 2016 by a vote of +7 -0.

 

14b.      2015-009279VAR                                                                                                (C. MAY: (415) 575-9087)

1433 BUSH STREET - south side of Bush Street, between Van Ness Avenue and Polk Street; Lot 024 in Assessor’s Block 0670 (District 3) - Request for Modification of rear yard requirements pursuant to Planning Code Section 134 to provide a rear yard less than 25 percent of lot depth. The Project proposes to construct an 11-story building with 47 dwelling units above two ground floor retail spaces totaling 1,996 square feet.  The project would include a rooftop deck, eight vehicular parking spaces in a below grade garage, accessed via Fern Street, and 53 bicycle parking spaces. The project is located within a RC-4 (Residential-Commercial, High Density) District, the Van Ness Avenue Special Use District and 130-V Height and Bulk District.

(Continued from Regular Meeting of July 14, 2016)

NOTE: On June 9, 2016, after hearing and closing public comment, the Zoning Administrator continued the matter to July 14, 2016.

On July 14, 2016, without hearing continued to August 4, 2016.

 

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.

 

15.          2014-001259DRP-02                                                                                   (N. FOSTER: (415) 575-9167)

60 RUSSELL STREET - north side of Russell Street, between Eastman Place and Hyde Street, Lot 009 in Assessor’s Block 0123 (District 3) - Request for Discretionary Review of Building Permit Application No. 2014.11.07.1023 proposing a two-story vertical addition to an existing one-story (over non-habitable space) structure, currently used as a single-family residence, 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.

Staff Analysis: Abbreviated Discretionary Review

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

                (Continued from Regular Meeting of July 14, 2016)                                                                            

NOTE: On June 23, 2016, after hearing and closing public comment, the Commission continued the matter to July 14, 2016 by a vote of +4 -1 (Antonini against; Johnson and Fong absent).

On July 14, 2016, without hearing continued to August 4, 2016 by a vote of +6 -1 (Johnson against).

 

16.          2016-004805DRM                                                                                           (S. ADINA: (415) 575-8722)

1 LA AVANZADA STREET -  Sutro Tower, Lot 003 in Assessor’s Block 2724 - Mandatory Discretionary Review, pursuant to Planning Code Section 306.9, of Building Permit Application No. 2016.02.16.9635 and 2016.02.16.9652, proposing the installation of a four foot parapet wall extension as well as the removal of five (5) existing antennas on the roof and the relocation of the remaining twenty-one (21) existing antennas to new locations on the roof of its transmition building, and the installation of new landscaping as part of overall site improvements; within a RH-1 (D) (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

17.          2015-004447DRP                                                                                              (J. HORN: (415) 575-6925)

3880-3882 19TH STREET - north side of 19th Street at Sanchez Street; Lot 027A in Assessor’s Block 3585 (District 8) - Request for Discretionary Review of Building Permit Application No. 2015.01.20.6104 a fourth story vertical addition and a two-story horizontal addition (Per Planning Code Section 136(c)(25)) to an existing two-story-over-garage two-family residence, consisting of two flats (approximately 1400 sq. ft. each). The project also includes façade renovations, interior remodel and conditioning of the basement to be incorporated into the expansion of unit 1. The proposed Unit 1 would be increased in size to 2406 square feet and proposed Unit 2 would be increased to 2366 square feet. The addition will add approximately 1,659 square feet of floor area to the existing 2,802 square feet, for a total of approximately 4,461 square feet. The property is located 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 Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Do not take Discretionary Review and Approve

(Continued from Regular Meeting of June 30, 2016)

NOTE: On July 28, 2016, after hearing and closing public comment, the Commission continued the matter to August 4, 2016 by a vote of +4 -0 (Hillis, Johnson and Fong absent).

 

18.          2015-006696DRP                                                                                     (W. FARRENS: (415) 575-9172)

259 AVILA STREET - west side between Beach Street and Capra Way; Lot 002B in Assessor’s Block 0441A (District 2) - Request for Discretionary Review of Building Permit Application No. 2015.05.13.6187, proposing construction of a one-story vertical addition above a two-story single-family house.  The project also includes minor façade changes and interior renovations. The property is located 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 Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Do not take Discretionary Review and Approve

(Continued from Regular Meeting of July 28, 2016)

 

19.          2015-015913DRP                                                                                          (S. YOUNG: (415) 558-6346)

473 HAIGHT STREET - south side between Fillmore and Webster Streets; Lot 038 in Assessor’s Block 0859 (District 5) - Request for Discretionary Review of Building Permit Application No. 2015.11.19.3094, proposing interior and exterior alterations to a legal non-conforming medical cannabis dispensary and retail use (d.b.a. SPARC) located in an approximately 1,131 square foot ground-floor commercial space within a NC-2 (Small-Scale Neighborhood Commercial) Zoning District, Lower Haight Alcohol Restricted Use District, and 40-X Height and Bulk District.  The commercial space was previously occupied by a medical cannabis dispensary and retail tobacco store (d.b.a. Good Fellows Smokeshop), which the Planning Commission approved following a Mandatory Discretionary Review hearing in November, 2006.   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 Discretionary Review

Preliminary Recommendation: Do Not 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

DNX (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

PUB (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

Permit Review in C-3 Districts, Downtown Residential Districts and Large Project Authorization in Eastern Neighborhoods

LPA (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.

 

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.