Planning Commission - July 13, 2017 - Agenda

Meeting Date: 
July 13, 2017 - 1:00pm
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, July 13, 2017

1:00 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.

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:                              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.

 

               1.            2017-005179PCA                                                                       (D. SANCHEZ: (415) 575-9082)

               COMMERCIAL USES IN NORTH BEACH; TECHNICAL AND OTHER AMENDMENTS [BOARD FILE 170419] - Planning Code Amendment to 1) preserve Legacy Businesses and historic buildings, and prohibit certain uses in the North Beach SUD; 2) reduce the lot size limit in the North Beach SUD; 3) clarify and modify the requirements for approval of parking garages in the Telegraph Hill-North Beach SUD; 4) protect historic buildings in the Broadway NCD; and 5) update and clarify Formula Retail controls; and affirming the Planning Department’s determination under the California Environmental Quality Act and making findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1, and findings of public convenience, necessity, and welfare under Planning Code, Section 302.

Preliminary Recommendation: Pending

(Proposed for Continuance to July 20, 2017)

 

2a.          2017-003134CUA                                                                          (N. FOSTER: (415) 575-9167)

72 ELLIS STREET - north side of Ellis Street, between Stockton and Powell Streets, Lot 011 in Assessor’s Block 0327 (District 3) - Request for Performance Period Extension for an additional three years for a previously-approved project (Conditional Use Authorization).  The amendment proposes minor changes to the overall design of the building with an increase in guest room count from the original proposal (from 156 rooms to 192 rooms).  The Project proposes to demolish an existing surface parking lot and construct an approximately 130-foot-tall (up to maximum height of 146 feet, inclusive of mechanical equipment and elevator over-run), 11-story-over-basement, approximately 76,500 gross square foot (gsf) building.  The proposed building would contain a Hotel Use (a Retail Sales and Service Use), providing one hundred and ninety two (192) tourist guest rooms, and would also contain approximately 8,500 square feet of retail use.  The Project would provide eight (8) Class I bicycle parking spaces in the basement and eleven (11) Class II bicycle parking spaces on Ellis Street.  No off-street parking is proposed; the Project would include a passenger loading zone directly in front of the subject property (subject to SFMTA approval).  The subject property is located within the C-3-R (Downtown Retail) Zoning District, 80-130-F Height and Bulk District, and Kearny-Market-Mason-Sutter (KMMS) Conservation District.  The project also required action by the Historic Preservation Commission on a Permit to Alter for demolition and new construction within the KMMS Conservation District (Case No. 2017-003134PTA).  On June 7, 2017, the Historic Preservation Commission approved the Permit to Alter, with recommendations as amended, by a vote of +4/-0, (Motion No. 0305).

Preliminary Recommendation: Approve Two-Year Extension of Performance Period

(Proposed for Continuance to August 31, 2017)

 

2b.         2017-003134DNX                                                                          (N. FOSTER: (415) 575-9167)

72 ELLIS STREET - north side of Ellis Street, between Stockton and Powell Streets, Lot 011 in Assessor’s Block 0327 (District 3) - Request for Performance Period Extension for an additional three years for a previously-approved project (Downtown Project Authorization).  The amendment proposes minor changes to the overall design of the building with an increase in guest room count from the original proposal (from 156 rooms to 192 rooms).  The Project proposes to demolish an existing surface parking lot and construct an approximately 130-foot-tall (up to maximum height of 146 feet, inclusive of mechanical equipment and elevator over-run), 11-story-over-basement, approximately 76,500 gross square foot (gsf) building.  The proposed building would contain a Hotel Use (a Retail Sales and Service Use), providing one hundred and ninety two (192) tourist guest rooms, and would also contain approximately 8,500 square feet of retail use.  The Project would provide eight (8) Class I bicycle parking spaces in the basement and eleven (11) Class II bicycle parking spaces on Ellis Street. No off-street parking is proposed; the Project would include a passenger loading zone directly in front of the subject property (subject to SFMTA approval).  The subject property is located within a C-3-R (Downtown Retail) Zoning District, 80-130-F Height and Bulk District, and Kearny-Market-Mason-Sutter (KMMS) Conservation District.  The project also required action by the Historic Preservation Commission on a Permit to Alter for demolition and new construction within the KMMS Conservation District (Case No. 2017-003134PTA).  On June 7, 2017, the Historic Preservation Commission approved the Permit to Alter, with recommendations as amended, by a vote of +4/-0, (Motion No. 0305).

Preliminary Recommendation: Approve Two-Year Extension of Performance Period

(Proposed for Continuance to August 31, 2017)

 

3a.          2014-002181MAPPCA                                                                         (C. MAY: (415)575-9087)

2670 GEARY BOULEVARD - northwest corner of Geary Boulevard and Masonic Avenue; Lot 003 in Assessor’s Block 1071 (District 2) - Establishment of the Geary-Masonic Special Use District [Board File 161109] - Planning Code and Zoning Map Amendments, adding Section 249.20 and amending Sheet SU03 of the of the City and County of San Francisco to establish the Geary-Masonic Special Use District in the area generally bounded by Geary Boulevard to the south, Masonic Avenue to the east, and Assessor’s Block 1071 Lots 001 and 004 to the north and east, respectively; and affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1; and adopting findings of public convenience, necessity, and welfare under Planning Code Section 302.  The application of the Geary-Masonic SUD development controls would preclude the application of the HOME-SF provisions pursuant to Planning Code Section 206.3.

Preliminary Recommendation: Pending

                              (Continued from Regular Meeting of June 15, 2017)

(Proposed for Continuance to September 7, 2017)

 

3b.         2014-002181CUA                                                                                (C. MAY: (415) 575-9087)

2670 GEARY BOULEVARD - northwest corner of Geary Boulevard and Masonic Avenue; Lot 003 in Assessor’s Block 1071 (District 2) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 121.1, 121.2, 271, and 303 to permit the development of an 8-story mixed-use building containing 99 residential dwelling units above 36 stacked parking spaces and 3,294 square feet of ground floor retail space within the NC-3 (Moderate-Scale Neighborhood Commercial) District and an 80-D Height and Bulk District. This project is seeking development incentives in the form of increased dwelling unit density in exchange for providing a higher level of affordable housing than would otherwise be required pursuant to Planning Code 415 (the Inclusionary Affordable Housing Program) by one of two means: either the application of draft legislation which would amend the Planning Code and Zoning Map of the City and County of San Francisco to establish the Geary-Masonic Special Use District (Board File 161109) or the application of the provisions of the HOME-SF Program. In order to facilitate the project under the HOME-SF Program, Conditional Use Authorization pursuant to Planning Code Section 206.3 is required.  The project is also requesting a modification to the rear yard requirements pursuant to Planning Code Section 134, and variances to the usable open space and dwelling unit exposure requirements pursuant to Planning Code Sections 135 and 140 which can be granted as zoning modifications by the Planning Commission pursuant to Planning Code Section 206.  Alternatively, these may be granted by the Zoning Administrator pursuant to Planning Code Section 305.  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:  Pending

(Continued from Regular Meeting of June 15, 2017)

(Proposed for Continuance to September 7, 2017)

 

4a.          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 8) - 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.  Overall, the project would maintain four dwelling units on the project site. 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: Disapprove

(Continued from Regular Meeting of May 11, 2017)

(Proposed for Indefinite Continuance)

 

4b.            2014.1302VAR                                                                                   (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 8) - Request for a Variance from the Zoning Administrator to address the requirements for minimum lot width and area (Planning Code Section 121) and rear yard (Planning Code Section 134). The proposed project would demolish the existing garages on the project site, 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.  Overall, the project would maintain four dwelling units on the project site. The project would create two lots, which are narrower than 25-ft and less than 2,500 square feet, and would construct new dwelling units within the required rear yard. The project site is located within a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District.

               (Continued from Regular Meeting of May 11, 2017)

(Proposed for Indefinite Continuance)

 

5.            2015-000885DRP-02                                                                                            (D. VU: (415) 575-9120)

2782-2786 FOLSOM STREET - located on the west side of Folsom Street between 23rd and 24th Streets, Lot 010C in Assessor’s Block 3641 (District 9) - Request for Discretionary Review of Building Permit Application No. 2015.0520.6278 proposing to construct: 1) a 21-feet 6-inch rear addition at the first story; 2) 21-feet 5-inch rear addition at the second story; 3) 50-feet 7-inch rear addition at the third story; and 4) a new 50-feet 7-inch deep fourth story to the existing six-unit multi-family dwelling. The additions would expand units 2 & 3 at the second story, add new units 7 & 8 at the third story, and add new units 9 & 10 at the fourth story, for a total of ten dwelling units the 24th Street-Mission NCT (Neighborhood Commercial Transit) 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:  Abbreviated Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review

(Continued from Regular Meeting of May 11, 2017)

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

 

6.                2014-002504DRP                                                                                      (A. PERRY: (415) 575-9017)

363 JERSEY STREET - south side of Jersey Street, between Castro Street and Noe Street, Lot 031 in Assessor’s Block 6538 (District 8) - Request for Discretionary Review of Building Permit Application No. 2014.11.18.1848, proposing alteration and addition to the existing, 1.5-story over basement, single-family dwelling, to result in a 3-story over basement, two-family dwelling. The project scope includes a horizontal addition at the rear, insertion of a garage at the first floor and excavation for a new basement sub-garage with car elevator, the alteration of the existing gable roof to a new flat roof in order to gain additional habitable space at the third floor, new private roof deck above to be accessed through a rolling skylight hatch, and the development of the ground floor as a full, second legal unit. 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 San Francisco Administrative Code Section 31.04(h).

Staff Analysis: Abbreviated Discretionary Review

Preliminary Recommendation: Take Discretionary Review and Approve with Modifications

 

 

 

C.         COMMISSION MATTERS

 

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.          2017-005182PCA                                                                       (D. SANCHEZ: (415) 575-9082)

COMMERCIAL USES IN POLK STREET AND PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICTS; TECHNICAL AND OTHER AMENDMENTS [BOARD FILE NO. 170418] -  Planning Code Amendment to 1) limit lot sizes in the Pacific Avenue Neighborhood Commercial District (“Pacific NCD”) and the Polk Street Neighborhood Commercial District (“Polk NCD”); 2) limit the size of non-residential uses in the Pacific NCD and Polk NCD, and exempting movie theaters in the Polk NCD from certain size limits; 3) restrict lot mergers in the Pacific NCD and Polk NCD; 4) require ground floor commercial uses in the Polk NCD and on certain portions of Pacific Avenue; 5) modify residential and non-residential off-street parking requirements in the Pacific NCD and Polk NCD; 6) prohibit garage entries, driveways, or other vehicular access to off-street parking or loading on certain streets and alleys in the Pacific NCD and Polk NCD; 7) deem nonconforming uses in the Polk NCD to be discontinued after 18 months of non-use; 8) clarify procedures for abating a Conditional Use authorization; 9) modifying the maximum concentration of eating and drinking uses in the Polk NCD; 10) prohibit and restrict medical service, massage establishment, kennel, and agriculture uses in the Polk NCD; 11) prohibit storefront merges in the Polk NCD; 12) prohibit and restrict medical service, kennel, and agriculture uses in the Pacific NCD; 13) modify the required dwelling unit mix in the Polk NCD and Pacific NCD; 14) require Conditional Use authorization before replacing a Legacy Business in Polk NCD and Pacific NCD; 15) prohibit removal, demolition, merger, or conversion of certain residential units in Polk NCD and Pacific NCD; and 16) correct, clarify,

Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of public convenience, necessity, and welfare under Planning Code, Section 302.

Preliminary Recommendation: Adopt a Recommendation of Approval with Modifications

 

11.             2016-004985CUA                                                                 (D. WEISSGLASS: (415) 575-9177)

53-57 POTOMAC STREET - west side of Potomac Street, between Waller Street and Duboce Park; Lot 009 in Assessor’s Block 0865 (District 8) - Request for Conditional Use Authorization to allow the merger of two legal dwelling units on the top story of a 3-story-over-garage 5-unit residential building in an RH-2 Zoning District and a 40-X Height and Bulk District. The building’s other 3 units would remain unaltered. There will be no expansion of the building envelope. Minor landscaping and permeability alterations proposed within the front setback were administratively approved by the Historic Preservation Commission through an Administrative Certificate of Appropriateness on June 12, 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).

Preliminary Recommendation: Approve with Conditions

 

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.

 

12.             2016-000814DRP                                                                    (E. SAMONSKY: (415) 575-9112)

1058 MISSISSIPPI STREET- west side, approximately 150 feet north of the intersection with 25th Street, Lot 022 in Assessor’s Block 4224 (District 9) - Request for Discretionary Review of Building Permit Application No. No. 2015.1231.6217 proposing new construction of a four-story, 3,360 square-foot, two-family residence on an existing vacant lot that includes two vehicle parking spaces, a roof deck and decks at the second, third and fourth floors within a RH-3 (Residential House, Three 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

               (Continued from Regular Meeting of April 27, 2017)

NOTE: On February 16, 2017, after hearing and closing public comment, the Commission continued the matter to March 16, 2017 by a vote of +7 -0.

On March 16, 2017, without hearing the Commission continued the matter to April 27, 2017 by a vote of +5 -0 (Johnson and Richards absent).

On April 27, 2017, after hearing and closing public comment, the matter was continued to July 13, 2017 by a vote of +4 -1 (Koppel against; Fong, Johnson absent).

 

13.          2014.0870DRP                                                                 (N. KWIATKOWSKA: (415) 575-9185)

891 CAROLINA STREET - east side between 20th and 22nd Streets, Lot 027 in Assessor’s Block 4097 (District 10) - Request for Discretionary Review of Building Permit Application No.  2014.02.11.8267, proposing to construct a one-story vertical addition, horizontal expansion of the existing floors at the rear, front façade changes, and the addition of a second dwelling unit to a two-story-over-basement, single-family building within a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District.

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

 

14.             2016-006290drp-02                                                                    (s. jimenEz: (415) 575-9187)

1132-1134 SANCHEZ STREET - west side between 24th and Jersey Streets; Lot 004 in Assessor’s Block 6508 (District 8) - Requests for Discretionary Review of Building Permit Application No. 2016.05.02.6342, proposing to construct a one-story vertical addition to create a fourth floor with integrated roof decks at that level, and an expansion of the first, second, and third floors at the rear of the existing three-story, two-family building within a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District.

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

 

H.                       2:30 p.m.

Items listed here may not be considered prior to the time indicated above. It is provided as a courtesy to limit unnecessary wait times. Generally, the Commission adheres to the order of the Agenda. Therefore, the following item(s) will be considered at or after the time indicated.

 

15.          2014-003153CUA                                                                            (A. PERRY: (415) 575-9017)

2505 NORIEGA STREET - southwest corner of Noriega Street and 32nd Avenue, Lot 012 in Assessor’s Block 2069 (District 4) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 739.84, and formerly pursuant to Planning Code Section 306.7 and interim zoning controls established under Resolutions 179-15 and 544-16, proposing to establish a new Medical Cannabis Dispensary (MCD) (d.b.a. The Apothecarium) in a currently vacant commercial space at the ground floor of the subject property. last occupied by Ace Pharmacy.  The MCD would not allow for on-site medication of medical cannabis (e.g. smoking, vaporizing, and consumption of medical cannabis edibles), nor would the MCD permit on-site cultivation of plants for harvesting medical product. The MCD would permit on-site sales of medical cannabis only and also proposes to provide delivery services. The project is located within the Noriega Street Neighborhood Commercial District (NCD) and a 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

 

I.                 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.