Planning Commission - March 23, 2017 - Agenda

Meeting Date: 
March 23, 2017 - 12:00pm
Location: 
United States

SAN FRANCISCO

PLANNING COMMISSION

 

 

Notice of Hearing

&

Agenda

 

 

Commission Chambers, Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

San Francisco, CA 94102-4689

 

 

Thursday, March 23, 2017

12:00 p.m.

Regular Meeting

 

Commissioners:

Rich Hillis, President

Dennis Richards, Vice President

Rodney Fong, Christine Johnson, Joel Koppel, Myrna Melgar, Kathrin Moore

 

Commission Secretary:

Jonas P. Ionin

 

 

Hearing Materials are available at:

Website: http://www.sfplanning.org

Planning Department, 1650 Mission Street, 4th Floor, Suite 400

Planning Information Center, 1660 Mission Street, 1st Floor

Voice recorded Agenda only: (415) 558-6422

 

Commission Hearing Broadcasts:

Live stream: http://www.sfgovtv.org

Live, Thursdays at 12:00 p.m., Cable Channel 78

Re-broadcast, Fridays at 8:00 p.m., Cable Channel 26

 

Disability and language accommodations available upon request to:

 commissions.secretary@sfgov.org or (415) 558-6309 at least 48 hours in advance.

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

 

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

 

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

 

San Francisco Lobbyist Ordinance

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

 

Accessible Meeting Information

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

 

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

 

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

 

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

 

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

 

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SPANISH:

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

 

CHINESE:

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

 

TAGALOG:

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

 

RUSSIAN:

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

 

 

 

ROLL CALL:                                                                     

                                         President:                              Rich Hillis                                                                                    Vice-President:                     Dennis Richards

                                         Commissioners:                    Rodney Fong; Christine Johnson; Joel Koppel,

                                                                                          Myrna Melgar, Kathrin Moore

 

 

A.               CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

 

The Commission will consider a request for continuance to a later date.  The Commission may choose to continue the item to the date proposed below, to continue the item to another date, or to hear the item on this calendar.

 

1.            2014.0086DRP-02                                                                          (B. BENDIX: (415) 575-9114)

2855 FILBERT STREET - south side of Filbert Street between Lyon and Baker Streets; Lot 029 in Assessor’s Block 0948 (District 2) - Requests for Discretionary Review of Building Permit Application No. 2013.10.04.8576, proposing the new construction of a four-story single-family dwelling. The project also includes the demolition of the existing three-story single-family house (Building Permit Application 2013.10.04.8579). The subject property is 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: Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of February 9, 2017)

(Proposed for Continuance to April 6, 2017)

 

2a.          2013.1037C                                                                                          (C. MAY: (415) 575-9087)

650 DIVISADERO STREET - southeast corner of Divisadero and Grove Streets; Lot 002B in Assessor’s Block 1202 (District 5) - Request for Conditional Use Authorization pursuant to Planning Code Sections 121.1, 271, 303, 746.10 and 746.11 to permit the development of a 6-story mixed-use building containing 66 residential dwelling units above 26 ground floor parking spaces and 3,528 square feet of commercial uses within the Divisadero Street Neighborhood Commercial Transit (NCT) District, the Fringe Financial Services Restricted Use District and 65-A Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Approve with Conditions

(Continued from Regular Hearing of January 26, 2017)

(Proposed for Continuance to April 6, 2017)

 

2b.         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 January 26, 2017)

(Proposed for Continuance to April 6, 2017)

 

3.            2016-009071CUA                                                                            (L. AJELLO: (415) 575-9142)

1019-1033 CLEMENTAVENUE - south side of Clement Street between 11th and 12th Avenues; Lot 040 in Assessor’s Block 1443 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 716.21 to legalize a use size that exceeds 2,500 square feet of gross floor area with the merger of two separate commercial tenant spaces located at 1019 Clement Street and 1033 Clement Street (currently occupied by a Medical Service use d.b.a. North East Medical Services) within the Inner Clement Street Neighborhood Commercial District and 40-X Height and Bulk District. The merged tenant space totals 16,458 square feet of gross floor area. 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 April 13, 2017)

 

4.            2015-013617CUA                                                                           (B. BENDIX: (415) 575-9114)

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

Preliminary Recommendation:  Approve with Conditions

(Continued from Regular hearing of January 26, 2016)

(Proposed for Indefinite Continuance)

                                                                                                                                                                                                                                                                                                                         

B.         CONSENT CALENDAR

 

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

 

5.            2014-001196DRP                                                                             (A. PERRY: (415) 575-9017)

1946 32ND AVENUE - west side of 32nd Avenue between Ortega and Pacheco Streets; Lot 041 in Assessor’s Block 2103 (District 4) - Request for Discretionary Review of Building Permit Application No. 2014.06.27.9798, proposing construction of a two-story horizontal addition at the rear, and construction of a new third-story vertical addition to the existing two-story, single-family dwelling. The rear addition will extend the building by 20 feet, with the ground story occupying the full lot width and the second story providing 5-foot side setbacks from both side property lines. The third story addition will be set back from the front building wall by 15 feet. Additionally, the project proposes a deck area on a portion of the roof above the two-story rear addition. The project 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: Take Discretionary Review and Approve with Modifications

 

C.         COMMISSION MATTERS

 

6.            Consideration of Adoption:

·       Draft Minutes for March 9, 2017

 

7.            Commission Comments/Questions

·       Inquiries/Announcements.  Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).

·       Future Meetings/Agendas.  At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.

              

8.            Planning Commission Hearing Start Time

 

D.         DEPARTMENT MATTERS

 

9.            Director’s Announcements

 

10.          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.                SPECIAL 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.

 

 

11.          2016-011542DRP                                                                   (K. DURANDET: (415) 575-6816)

2070 FOLSOM STREET - west side of Folsom Street between 17th and 16th Streets,  Lot 031 in Assessor’s Block 3571, (District 9) - Request for Discretionary Review of Building Permit Application No. 2016.08.05.4294 for the new construction of 127 affordable housing units over ground floor commercial, institutional and community services. Per Planning Code Section 315, the project qualifies for an Affordable Housing Project Authorization (AHPA), which is an administrative review similar to a Large Project Authorization (LPA). Under the AHPA, the project is seeking exceptions to the Planning Code requirements for: rear yard (Planning Code 134), usable open space for residential units (Planning Code 135), dwelling unit exposure (Planning Code 140), ground floor height (Planning Code 145.1), off-street loading (Planning Code 152.1), and the calculation for maximum allowable height from curb (Planning Code 260) (See 2016-011542ENX).  The project will provide on-site childcare and housing for transitional aged youth and retail. A publicly accessible promenade will be a feature adjacent to the park with two access points. On July 28, 2016, the Planning Commission reviewed a Zoning Map Amendment related to the project (See 2015-014715PCA). The subject lot is located in the UMU (Urban Mixed Use) Zoning District and 85-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 March 16, 2017)

 

G.               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.          2014-001272PRJ                                                                                (R. SUCRE: 415-575-9108)

PIER 70 MIXED-USE DISTRICT PROJECT - located on the east side of Illinois Street between 20th and 22nd Street, Assessor’s Block 4052  Lot 001; Block 4111 Lot 004; Block 4120 Lot 002; Block 4110 Lots 001 and 008A -  Informational Presentation regarding the proposed project to rehabilitate and redevelop a portion of Pier 70 with new market-rate and affordable residential uses, commercial-office, retail light industrial-arts uses, parking, infrastructure development, including new street improvements, and public open space. This presentation will focus upon the Pier 70 SUD Design for Development, which provides the vision, intent, use, character and requirements for future design of buildings and public realm within the 35-acre Pier 70 Project Site. The project site is owned by the Port of San Francisco, and is listed in the National Register of Historic Places as the Union Iron Works Historic District. The project site is located within M-2 (Heavy Manufacturing) and P (Public) Zoning Districts with 40-X and 65-X Height and Bulk Limits. 

Preliminary Recommendation: None - Informational

 

13.                                                                                                              (D. SOKOLOVE: (415) 575-9107)

               SEA LEVEL RISE ACTION PLANInformational Presentation on implementation of the Plan.

               The Sea Level Rise Action Plan is a call to action for City departments and stakeholders to work together to make San Francisco a more resilient city in the face of rising sea levels. The Plan, led by San Francisco Planning and San Francisco Public Works, defines an overarching vision and set of objectives for future sea level rise and coastal flooding planning and mitigation in San Francisco.

 

14.          2014-000362ENV                                                                                     (M. LI: (415) 575-9107)

1500 MISSION STREET PROJECT - north side of Mission Street between South Van Ness Avenue to the west and 11th Street to the east; Lots 002, 003 in Assessor’s Block 3506 (District 6) - Certification of the Final Environmental Impact Report. The proposed project would include the demolition an existing 30-foot-tall, 29,000-square-foot building at 1580 Mission Street, retention and rehabilitation of a portion of an existing 28-foot-tall, 57,000-square-foot building at 1500 Mission Street, demolition of the remaining portions of the 1500 Mission Street building, and construction of a mixed-use development with two components. The residential/retail component would consist of a 39-story, 396-foot-tall (416 feet to the top of the parapet), approximately 767,200-square-foot building at the corner of South Van Ness Avenue and Mission Street containing up to 560 dwelling units and 38,000 square feet of retail space. The office component would include a 16-story, 227-foot-tall (257 feet to the top of the parapet), approximately 567,300-square-foot office, permit center, and childcare building for the City and County of San  Francisco on 11th Street between Market and Mission streets. The proposed project would include a two-level, below-grade parking garage for up to 420 vehicles. The project site is located in the Downtown General Commercial (C-3-G) Zoning District and 120/320-R-2, 85/250-R-2, and 85-X Height and Bulk Districts.

NOTE: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on January 4, 2017. Public comment will be received when the item is called during the hearing. However, comments submitted may not be included in the Final EIR.

Preliminary Recommendation: Certify

 

15a.       2014-000362ENV                                                                            (T. CHANG: (415) 575-9197)

1500 MISSION STREET PROJECT - north side of Mission Street between South Van Ness Avenue to the west and 11th Street to the east; Lots 002, 003 in Assessor’s Block 3506 (District 6) – The proposal requests Planning Commission consideration of adoption of CEQA Findings under the California Environmental Quality Act for a Project that includes the demolition  of an existing 30-foot tall 29,000 square foot (SF) building at 1580 Mission Street and the retention and rehabilitation of a portion of an existing 28-foot tall 57,000 square foot (SF) building at 1500 Mission Street and the new construction of two new buildings: a 454,000 SF, 16-story, 227-foot-tall City office building and a 664,200SF, 39-story, 396-foot-tall residential tower containing approximately 550 Dwelling Units, approximately 110 Below Market Rate Units; up to 38,000 SF of ground floor retail, approximately 59,000 SF of private and common open space; 620 bicycle parking spaces and up to 275 vehicular parking spaces. These actions constitute the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code

Section 31.04(h).

Preliminary Recommendation: Adopt CEQA Findings

 

15b.       2014-000362GPA                                                                           (T. CHANG: (415) 575-9197)

1500 MISSION STREET PROJECT  - north side of Mission Street between South Van Ness Avenue to the west and 11th Street to the east; Lots 002, 003 in Assessor’s Block 3506 (District 6) – Request for Planning Commission consideration of the proposed General Plan Amendment that revises the height designation for Assessor’s Block 3506, Lots 006 and 007 on Map 5 of the Downtown Area Plan from 120-S, 150-S, 200-S to 130/240-R-3, 85-X and 130/400-R-3; and Map 3 of the Market and Octavia Area Plan from 85’, 320’ Tower/120’ Podium and 250’ Tower/85’podium to 85’, 250’ Tower/130’ Podium, and 400’ Tower/130’ Podium for a Project that includes the demolition  of an existing 30-foot tall 29,000 square foot (SF) building at 1580 Mission Street and the retention and rehabilitation of a portion of an existing 28-foot tall 57,000 square foot (SF) building at 1500 Mission Street and the new construction of two new buildings: a 454,000 SF, 16-story, 227-foot-tall City office building and a 664,200SF, 39-story, 396-foot-tall residential tower containing approximately 550 Dwelling Units, approximately 110 Below Market Rate Units; up to 38,000 SF of ground floor retail, approximately 59,000 SF of private and common open space; 620 bicycle parking spaces and up to 275 vehicular parking spaces. Preliminary Recommendation: Adopt a Recommendation for Approval

 

15c.        2014-000362PCAMAP                                                                   (T. CHANG: (415) 575-9197)

1500 MISSION STREET PROJECT  - north side of Mission Street between South Van Ness Avenue to the west and 11th Street to the east; Lots 002, 003 in Assessor’s Block 3506 (District 6) Request for Planning Commission consideration of the proposed Planning Code Amendment to add Section 249.12 to create the 1500 Mission Street Special Use District in the area generally bounded by South Van Ness Avenue to the west, Mission Street on the South,  and 11th Street on the east, and Assessor’s Block 3506, Lot 001 to the north; amending the Zoning Map Sheet SU07 to show the boundaries of the 1500 Mission Street Special Use District; amending Zoning Map Sheet HT07 to change the height and bulk designation on Assessor’s Block 3506, Lots 006 and 007, from 85/250-R-2, 120/320-R-2, and 85-X to 130/240-R-3, 85-X, and 130/400-R-3 for a Project that includes the demolition  of an existing 30-foot tall 29,000 square foot (SF) building at 1580 Mission Street and the retention and rehabilitation of a portion of an existing 28-foot tall 57,000 square foot (SF) building at 1500 Mission Street and the new construction of two new buildings: a 454,000 SF, 16-story, 227-foot-tall City office building and a 664,200SF, 39-story, 396-foot-tall residential tower containing approximately 550 Dwelling Units, approximately 110 Below Market Rate Units; up to 38,000 SF of ground floor retail, approximately 59,000 SF of private and common open space; 620 bicycle parking spaces and up to 275 vehicular parking spaces.

Preliminary Recommendation: Adopt a Recommendation for Approval

 

15d.       2014-000362DNX                                                                           (T. CHANG: (415) 575-9197)

1500 MISSION STREET PROJECT  - north side of Mission Street between South Van Ness Avenue to the west and 11th Street to the east; Lots 002, 003 in Assessor’s Block 3506 (District 6) The proposal requests Planning Commission consideration of Downtown Project Authorization pursuant to Planning Code Section 309, with exceptions to the requirements for "Reduction of Ground-Level Wind Currents in C-3 Districts" (Section 148) and Off-Street Loading (Section 161) for a Project that includes the demolition  of an existing 30-foot tall 29,000 square foot (SF) building at 1580 Mission Street and the retention and rehabilitation of a portion of an existing 28-foot tall 57,000 square foot (SF) building at 1500 Mission Street and the new construction of two new buildings: a 454,000 SF, 16-story, 227-foot-tall City office building and a 664,200SF, 39-story, 396-foot-tall residential tower containing approximately 550 Dwelling Units, approximately 110 Below Market Rate Units; up to 38,000 SF of ground floor retail, approximately 59,000 SF of private and common open space; 620 bicycle parking spaces and up to 275 vehicular parking spaces.

Preliminary Recommendation: Approve with Conditions

 

15e.       2014-000362SHD                                                                           (T. CHANG: (415) 575-9197)

1500 MISSION STREET PROJECT - north side of Mission Street between South Van Ness Avenue to the west and 11th Street to the east; Lots 002, 003 in Assessor’s Block 3506 (District 6) The proposal requests Planning Commission consideration of a Shadow Determination that Project shadows would not adversely affect use of public open space under the jurisdiction of or designated for acquisition by the Recreation and Park Commission (Section 295). The Project includes the demolition  of an existing 30-foot tall 29,000 square foot (SF) building at 1580 Mission Street and the retention and rehabilitation of a portion of an existing 28-foot tall 57,000 square foot (SF) building at 1500 Mission Street and the new construction of two new buildings: a 454,000 SF, 16-story, 227-foot-tall City office building and a 664,200SF, 39-story, 396-foot-tall residential tower containing approximately 550 Dwelling Units, approximately 110 Below Market Rate Units; up to 38,000 SF of ground floor retail, approximately 59,000 SF of private and common open space; 620 bicycle parking spaces and up to 275 vehicular parking spaces.

Preliminary Recommendation: Adopt Shadow Findings

 

16.          2016-010294OFA                                                                         (C. ASBAGH: (415) 575-9165)

1088 – 1090 SANSOME STREET - southeast corner of the intersection of Sansome and Green Streets; lot 079 of Assessor’s Block 3733 (District 3) – Request for an Office Development Allocation, pursuant to Sections 321 and 322 for a change of use from electronics manufacturing to office and to authorize up to approximately 49,814 square feet from the Office Development Annual Limit within the C-3-R (Downtown Retail) Zoning District and 80-130-F Height and Bulk District. The proposal would convert 58,923 square feet of manufacturing space into 9,109 square feet of retail at the ground floor, and 49,814 square feet of office use on the first through third floors and penthouse. 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

 

17.          2016-014741CUA                                                                 (D. WEISSGLASS: (415) 575-9177)

1964 UNION STREET - north side of Union Street between Buchanan and Laguna Streets; Lot 011 in Assessor’s Block 0531 (District 2) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 303.1, 703.3, and 703.4 to establish a Formula Retail Use within the Union Street Neighborhood Commercial District and a 40-X Height and Bulk District. The proposal is to convert a vacant ground floor commercial space with approximately 1,300 square feet of floor area (previously occupied by “The Artisans”, a framing shop) to a Formula Retail Use (d.b.a. Bonobos, a men’s apparel retailer). There will be no expansion of the building envelope. 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.          2016-015957CUA                                                                 (D. WEISSGLASS: (415) 575-9177)

2213 FILLMORE STREET - west side of Fillmore Street between Clay and Sacramento Streets; Lot 007 in Assessor’s Block 0630 (District 2) -  Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 303.1, 703.3, and 703.4 to establish a Formula Retail Use within the Upper Fillmore Neighborhood Commercial District and a 40-X Height and Bulk District. The proposal is to convert a vacant ground floor commercial space with approximately 1,520 square feet of floor area (previously occupied by “Noah’s Bagels”, a Formula Retail limited restaurant) to another Formula Retail limited restaurant (d.b.a. “Joe & The Juice”). There will be no expansion of the building envelope. 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

 

H.               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.

 

19.          2016-000665DRP                                                                                (C. MAY: (415) 575-9087)

578 44TH AVENUE - east side of 44th Avenue between Geary Boulevard and Anza Street; Lot 027 in Assessor’s Block 1501 (District 1) - Request for Discretionary Review of Building Permit Application No. 2016-01-12-6903, proposing to  construct a three-story horizontal addition to the rear and a one-story vertical addition, set back approximately 10 feet from the main front wall, above the existing two-story single-family house within a RH-1 (Residential House, One-Family) District and 40-X Height and Bulk District.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Abbreviated Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

 

20.          2015-009140DRP                                                                            (L. AJELLO: (415) 575-9142)

3009 CALIFORNIA STREET - south side between Lyon and Baker Streets; Lot 037 in Assessor’s Block 1030 (District 2) - Request for Discretionary Review of Building Permit Application No. 2015.07.06.0723 proposing a two-story vertical addition, a one-story horizontal addition with a deck above at the rear of the building and the alteration of the front façade of a two-story, single-family house within a RH-2 (Residential House, Two-Family) District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for 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

                                                                                                                                                                                                                                                                                                                                        

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.