Planning Commission - December 14, 2017 - Agenda

Meeting Date: 
December 14, 2017 - 1:00pm
Location: 
United States

SAN FRANCISCO
PLANNING COMMISSION

 

Notice of Hearing
&
Agenda

 

 

 

Commission Chambers Room 400,
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689

Thursday, December 14, 2017
1:00 p.m.
Regular Hearing

 

Commissioners
Rich Hillis, President
Dennis Richards, Vice President
Rodney Fong, Christine Johnson, Kathrin Moore, Joel Koppel, Myrna Melgar

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) 558-6320

Commission Hearing Broadcasts:
Live stream: http://www.sfgovtv.org

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ROLL CALL

President: Rich Hillis
Vice-President: Dennis Richards
Commissioners: Rodney Fong, Christine Johnson, Kathrin Moore, Joel Koppel, Myrna Melgar

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. 2017-005067CUA                                                                         (E. JARDINES: (415) 575-9144)
245 VALENCIA STREET – east side of Valencia Street, Lot 091 in Assessor’s Block 3532 (District 9)- Request for Conditional Use Authorization, pursuant to Planning Code Sections: 121.2, 303, and 752, to allow the temporary conversion of an existing parking garage (currently accessory to a church “Annunciation Cathedral”) into a commercial parking garage open to the general public (DBA Comb Parking) and to allow a non-residential use size larger than 4,000 square feet within the NCT-3 (Moderate Scale Neighborhood Commercial Transit) Zoning District and a 50-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
(Proposed for Continuance to January 11, 2018)

2. 2009.0880ENX-02                                                                         (E. JARDINES: (415) 575-9144)
2100 MISSION STREET – southwest corner of Mission and 17th Streets, Lot 001 in Assessor’s Block 3576 (District 9) – Request for a Large Project Authorization (LPA), pursuant to Planning Code Section 329 and Mission 2016 Interim Zoning Controls (Planning Commission Resolution No. 19865), to construct a new 65-foot tall, six-story, 28,703 square-foot mixed-use building with 29 dwelling units and approximately 3,000 square feet of ground floor commercial. Under the LPA, the Project is seeking an exception to the Planning Code requirements for street frontage (Planning Code Section 145.1). The proposed project is located within the Mission Street Neighborhood Commercial Transit (Mission St NCT) Zoning District and 65-B Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h). 
Preliminary Recommendation: Approve with Conditions
(Proposed for Continuance to January 25, 2018)

3a. 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 Meeting of September 28, 2017)
(Proposed for Continuance to March 8, 2018)

3b. 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.
(Continued from Regular Meeting of September 28, 2017)
(Proposed for Continuance to March 8, 2018)

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.

4. 2017-012471CUA                                                                         (M. CHANDLER: (415) 575-9172)
3633 TARAVAL STREET – south side between 46th and 47th Avenues; Lot 040 of Assessor’s Block 2379 (District 4) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 781.1, and 710 to permit change of use from Retail Grocery and liquor store (d.b.a. Great Highway Market) to Restaurant with accessory grocery retail use within a NC-1 (Neighborhood Commercial Cluster) Zoning District, the Taraval Street Restaurant Subdistrict, and 40-X Height and Bulk district.  The new use will occupy the existing approximately 2,475 square foot commercial building. 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

5. 2017-012465CUA                                                                         (M. CHANDLER: (415) 575-9172)
1239 9TH AVENUE – west side between Lincoln Way and Irvine Street; Lot 006 in Assessor’s Block 1741 (District 5) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 730 to permit change of use from Limited Restaurant to Restaurant within the Inner Sunset NCD (Neighborhood Commercial District) Zoning District, and 40-X Height and Bulk district (d.b.a Gordo Taqueria).  The existing business is to remain in the approximately 924 square foot commercial building, and change of use will permit onsite sale of beer and wine for operation as a bona fide eating establishment. This project was reviewed under the Community Business Priority Processing Program (CB3P). No exterior or interior modifications are to be made under this permit. 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

6. 2014.1302CUA                                                                                     (R. SUCRE: (415) 575-9108)
2906 FOLSOM STREET – located at the southwest corner of 25th and Folsom Streets, Lot 001 in Assessor’s Block 6525 (District 9) – Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 317, for a residential merger at 2906 Folsom Street. Currently, the subject property possesses four dwelling units. The proposed project would demolish the existing garages, subdivide the existing lot into two lots, reconfigure and retain two dwelling units in 2906 Folsom Street, and construct two new dwelling units at 2904 Folsom Street and 3203 25th Street.  The two existing dwelling units at 2906 Folsom Street would be designated as part of the City’s Inclusionary Affordable Housing Program. Overall, the project would maintain four dwelling units on the project site. The project site is located within the RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).
Preliminary Recommendation: Disapprove
(Continued from Regular Meeting of November 30, 2017)
NOTE: On November 30, 2017, after hearing and closing public comment, the Commission adopted a Motion of Intent to Disapprove and Continued the matter to December 14, 2017 by a vote of +4 -2 (Fong, Koppel against; Hillis absent).

7. 2017-007430CUA                                                                            (C. ASBAGH: (415) 575-9165)
1360 JONES STREET – southeast corner of Washington and Jones Streets; lot 016 of Assessor’s Block 0214 (District 3) - Request for a Conditional Use Authorization, pursuant to Planning Code Section 303 and 317 to merge two dwelling units within a 19-unit building. The project would merge a 1,507 square foot, two-bedroom, two-bath unit (#902) with a 2,502 square foot, two-bedroom, two and a half-bath unit (#1001) within the RM-4 (Residential - Mixed, High Density) Zoning 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 Meeting of November 16, 2017)
NOTE: On November 16, 2017, after hearing and closing public comment, the Commission Continued the matter to December 14, 2017 by a vote of +4 -1 (Melgar against; Moore recused; Hillis absent).

C. COMMISSION MATTERS

8. Consideration of Adoption:

9. 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

10. Director's Announcements

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

E. GENERAL 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.  Each member of the public may address the Commission for up to three minutes.

F. REGULAR CALENDAR 

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

12. 2016-004115CUA                                                                               (A. PERRY: (415) 575-9017)
644 BROADWAY – north side between Grant Avenue and Stockton Street; Lot 006 in Assessor’s Block 0146 (District 3) – Informational Hearing, as requested by the Planning Commission on April 6, 2017 upon conclusion of a 6-month informational check-in hearing. On July 28, 2016, the Planning Commission approved Motion No. 19706 and the request for Conditional Use Authorization pursuant to Planning Code Sections 303, 803.2(b)(1)(B)(iii), and 810.41, to authorize a change in use from a Movie Theater to an Other Entertainment use (d.b.a. Boxcar Theatre), and to establish a Bar use for the sale of alcohol during performances, at the basement level of the existing 4-story over basement building located within the CCB (Chinatown Community Business) District and 65-N Height and Bulk District.
Preliminary Recommendation: None – Informational

13.                                                                                                            (P. IKEZOE: (415) 575-9137)
COMMERCE AND INDUSTRY INVENTORY 2016Informational presentation - This 23rd Inventory is one of the Department’s reports on the economy and land use. It contains a 10-year time-series of data for calendar years 2007-2016, including population, labor force, employment, establishments, wages, retails sales, government expenditures and revenues, and building activity.
Preliminary Recommendation: None – Informational

14. 2014.1459CUA                                                                                     (J. HORN: (415) 575-6925)
214 STATES STREET – north side of States Street between Levant and Castro Streets; Lot 038 in Assessor’s Block 2622 (District 8) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 317, to allow the tantamount to demolition of an existing 1,635 square foot, two-story single family home and the addition of a ground floor garage and front entrance, a horizontal rear addition, three new roof dormers and the enclosing of two front decks to create bay windows. The project site 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 San Francisco Administrative Code Section 31.04(h). 
Preliminary Recommendation: Approve with Conditions with Modifications

15. 2016-010348CUA                                                                              (A. PERRY: (415) 575-9017)
1233 POLK STREET – west side of Polk Street between Sutter and Bush Streets, on the northwest corner of Polk and Fern Streets; Lot 004 in Assessor’s Block 0670 (District 3) – Request for Conditional Use Authorization, pursuant to Planning Sections 303 and 723, proposing to permit and legalize the operation of a Nighttime Entertainment use with electronic amplification seven days per week until 2 a.m., and to modify the existing conditions of approval of Planning Commission Motion No. 13572, within an existing business (d.b.a. “Mayes Oyster House) authorized for Restaurant and Other Entertainment uses; however per Motion 13572, electronic amplification is currently only permitted on Fridays and Saturdays until midnight. The subject application also seeks to abate Planning Enforcement Case No. 2016-000434ENF. The subject property is located within the Polk Street Neighborhood Commercial District (NCD), the Lower Polk Street Alcohol Restricted Use District, and a 65-A Height and Bulk District. Per CEQA Section 21065 and CEQA Guidelines Section 15378, the proposed legalization of the existing use is not a “project” under CEQA, as it would not result in a direct physical change, or a reasonably foreseeable indirect physical change in the environment.
Preliminary Recommendation: Approve with Conditions

16. 2017-007658CUA                                                        (L. AJELLO-HOAGLAND: (415) 575-6823)
4522 3RD STREET – west side of 3rd Street, between La Salle and McKinnon Streets; Lot 019 in Assessor’s Block 5296 (District 10) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 249.62, 303 for Change of Use and relocation of an existing Prohibited Liquor Establishment in the Third Street Alcohol Special Use District for an existing retail grocery and liquor store (d.b.a. Sav Mor Market) to relocate from 4500 3rd Street to a vacant commercial storefront located at 4522 3rd. The project site is located within a NC-3 (Neighborhood Commercial, Moderate Scale) 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
(Continued from Regular Meeting of November 16, 2017)
NOTE: On November 2, 2017, after hearing and closing public comment, the Commission Continued the matter to November 16, 2017 by a vote of +3 -2 (Johnson, Koppel against; Melgar, Hillis absent).
On November 16, 2017, without hearing, Continued to December 14, 2017 by a vote of +5 -0 (Johnson, Richards absent)

17. 2015-001360CUA                                                                       (K. DURANDET: (415) 575-6816)
793 SOUTH VAN NESS STREET – northeast corner of South Van Ness Avenue and 19th Street, Lot 024 in Assessor’s Block 3591 (District 9) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 121.1, 303 and 712 and the Mission 2016 Interim Zoning Controls (Planning Commission Resolution 19868), for development on a lot larger than 10,000 sf for the project involving new construction of a seven-story-over-basement (75-ft tall) residential, mixed-use building (approximately 86,574 gross square feet) with 75 dwelling units, 77 Class 1 bicycle parking spaces, and 8 Class 2 bicycle parking spaces. The proposal includes 38 off-street vehicular parking (1 car share space included). The proposed project would utilize the State Density Bonus Law (California Government Code Sections 65915-65918), and proposes concessions and incentives for rear yard and off-street parking and is seeking a waiver from the height limit of 55 feet. 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

18. 2015-009507CUA                                                                                   (C. MAY: (415) 575-9087)
318 30TH AVENUE – east side of 30th Avenue, between California and Clement Streets; Lot 041 in Assessor’s Block 1404 (District 1) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 317, to demolish an existing one-story-over-garage, single-family dwelling and construct a new four-story, 2-unit building within a RH-2 (Residential – House, Two-Family) Zoning District and 40-X Height and Bulk District.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).
(Continued from Regular Meeting of October 5, 2017)
NOTE: On October 5, 2017, after hearing and closing public comment, the Commission Continued the matter to December 14, 2017 by a vote of +4 -3 (Johnson, Koppel, Hillis against).

19a. 2015-014058CUA                                                                          (M. WOODS: (415) 558-6315)
2465 VAN NESS AVENUE – southwest corner at Union Street; Lots 001 and 002 in Assessor’s Block 0546 (District 2) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 151.1, 270 and 303, to demolish a vacant gas station and construct a 7-story, 65-foot-tall, mixed use development containing approximately 2,900 square feet of ground floor commercial space, 41 dwelling units, 31 off-street vehicle parking spaces and 41 Class 1 bicycle parking spaces located in a basement-level garage. In addition, the project is requesting Variances from the Zoning Administrator relating to rear yard (Section 134) and dwelling unit exposure (Section 140) requirements. The subject property is located within a RC-3 (Residential-Commercial, Medium Density) Zoning 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

19b. 2015-014058VAR                                                                          (M. WOODS: (415) 558-6315)
2465 VAN NESS AVENUE southwest corner at Union Street; Lots 001 and 002 in Assessor’s Block 0546 (District 2) - Request for Variances from the requirements for rear yard (Planning Code Section 134), and dwelling unit exposure (Planning Code Section 140). The project is to demolish a vacant gas station and construct a 7-story, 65-foot-tall, mixed use development containing approximately 2,900 square feet of ground floor commercial space, 41 dwelling units, 31 off-street vehicle parking spaces and 41 Class 1 bicycle parking spaces located in a basement-level garage. The subject property is located within a RC-3 (Residential-Commercial, Medium Density) Zoning District and 65-A Height and Bulk District.

20a. 2017-004562CUA                                                                              (N. TRAN:  (415) 575-9174)
799 CASTRO STREET & 3878-3880 21ST STREET – northeast corner of Castro and 21st Streets; lot 024 of Assessor’s Block 3603, located within a RH-2 (Residential-House, Two Family) and 40-X Height and Bulk District (District 8) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 317, to demolish an existing mixed-use structure (commercial office/single-family) and construct a three-story over basement single-family residence. The subject property contains three dwelling units, two units in a building at the rear of the property, and one unit with office in a building at the front. Under a separate building permit, 2017.04.04.3134, one new accessory dwelling unit is proposed in the rear building (3878-3880 21st St). 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 October 12, 2017)

20b. 2008.0410V                                                                                       (N. TRAN:  (415) 575-9174)
799 CASTRO STREET & 3878-3880 21ST STREET – northeast corner of Castro and 21st Streets; lot 024 of Assessor’s Block 3603, located within the Irving Street Neighborhood Commercial District ("NCD") and the 65-A Height and Bulk District  (District 8) - Request for Variances from the Zoning Administrator to construct within the required front setback and rear yard. Planning Code Section 132 requires a front setback of 4 feet - 5 inches and construction is proposed to the front property line. Section 134 requires a rear yard of 25% of the total lot depth or 15 feet between the two buildings on the lot and the proposal provides only a 10 foot separation. The property is legally non-complying in regards to the rear yard requirement because there is a two-story over basement with two dwelling units located entirely within rear yard.
Continued from Regular Meeting of October 12, 2017)

20c. 2017-004562DRP                                                                             (N. TRAN:  (415) 575-9174)
799 CASTRO STREET & 3878-3880 21ST STREET - northeast corner of Castro and 21st Streets; lot 024 of Assessor’s Block 3603, located within a RH-2 (Residential-House, Two Family) and 40-X Height and Bulk District (District 8) – Request for Discretionary Review of Building Permit Application No. 2017.04.04.3134 proposing to construct an Accessory Dwelling Units in the rear building (3878-3880 21st Street. The subject property contains three dwelling units, two units in a building at the rear of the property, and one unit with office in a building at the front (799 Castro Street). Under a separate building permit, 2017.09.19.6883, demolition of the existing front structure (limited commercial office with single-family) and construction of a three-story over basement single-family residence are proposed. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h). 
Staff Analysis:  Abbreviated Discretionary Review
Preliminary Recommendation: Do Not Take Discretionary Review and Approve

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.

21. 2015-008473DRP                                                                                (N. TRAN:  (415) 575-9174)
531 30TH STREET – south side of 30th Street, between Laidley and Noe Streets; lot 020 of Assessor’s Block 6651, located within a RH-2 (Residential-House, Two Family) and 40-X Height and Bulk District (District 8) – Request for Discretionary Review of Building Permit Application No. 2015.09.14.6920 proposing to construct an approximately 640 gross square foot vertical addition to the existing single-family residence. The Project includes interior remodeling and exterior changes to roofing and windows. A Variance hearing for the proposed construction yard was held by the Zoning Administrator on July 26, 2017. 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

22. 2017-000550DRP                                                                        (E. SAMONSKY: (415) 575-9112)
1440 CLAY STREET – north side of Clay Street, between Hyde and Leavenworth Streets; lot 009 of Assessor’s Block 0216, located within a RM-3 (Residential-Mixed, Medium Density) and 65-A Height and Bulk District (District 3) – Request for Discretionary Review of Building Permit Application No. 2016.1227.5955 proposing conversion of approximately 824 square feet of basement-level storage space to two accessory dwelling units (pursuant to Ordinance 162-16) at an existing four-story, fifteen-unit building. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h). 
Staff Analysis:  Abbreviated Discretionary Review
Preliminary Recommendation:  Do Not Take Discretionary Review and Approve as Revised

23. 2016-011929DRP                                                                             (S. VELLVE: (415) 558-6263)
575 BELVEDERE STREET – west side of Belvedere Street, between 17th and Rivoli Streets; lot 006 of Assessor’s Block 1286, located within a RH-2 (Residential-House, Two Family) and 40-X Height and Bulk District (District 5) – Request for Discretionary Review of Building Permit Application No. 2016.08.26.6097 proposing to demolish an exterior rear stair and construct a three-story rear horizontal addition and add two off-street parking spaces to the existing single-family residence. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).
Staff Analysis:  Abbreviated Discretionary Review
Preliminary Recommendation:  Do Not Take Discretionary Review and Approve as Revised

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.

  • 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.
  • 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.
  • Public comment portion of the hearing shall be closed and deliberation amongst the Commissioners shall be opened by the Chair;
  • 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:

  • A thorough description of the issue by the Director or a member of the staff.
  • 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.
  • Testimony by members of the public in support of the DR would be up to three (3) minutes each.
  • 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.
  • 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.
  • Project sponsor(s) or their designees are given two (2) minutes for rebuttal.
  • 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.