Planning Commission - November 16, 2017 - Agenda

Meeting Date: 
November 16, 2017 - 1:00pm
Location: 
United States

SAN FRANCISCO
PLANNING COMMISSION

 

Notice of Hearing
&
Agenda

 

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

Thursday, November 16, 2017
1:00 p.m.
Regular Hearing

 

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

Commission Secretary
Jonas P. Ionin

Hearing Materials are available at:
Website: http://www.sfplanning.org
Planning Department, 1650 Mission Street, 4th Floor, Suite 400
Planning Information Center, 1660 Mission Street, 1st Floor
Voice recorded Agenda, only: (415) 558-6320

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

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ROLL CALL

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

A. CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

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

1. 2015-018225DRP                                                           (S. JIMENEZ: (415) 575-9187)
171 JUDSON AVENUE - south side between Edna Street and Circular Avenue; Lot 032 in Assessor’s Block 3182 (District 7) - Request for Discretionary Review of Building Permit Application No. 2015.11.09.2182, proposing to alter an existing two-story, single family residence by legalizing and constructing a rear horizontal addition at the first and second floors and a third story vertical addition located within a RH-1 (Residential, One-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).
Staff Analysis:  Abbreviated Discretionary Review
Preliminary Recommendation:  Do Not Take Discretionary Review and Approve
(Continued from Regular Meeting of September 7, 2017)
(Proposed for Continuance to December 7, 2017)

2a. 2015-015846DRM                                               (E. GORDON-JONCKHEER: (415) 575-8728)
520 28TH STREET  - north side of 28th Street between Castro and Diamond Streets; Lot 008 in Assessor’s Block  6604 (District 8) - Staff-Initiated Discretionary Review, pursuant to Planning Code Section 311(c)(1), of Building Permit Application No. 2015.11.12.2431,  proposing vertical and horizontal additions to the existing one-story single-family home, including a new second floor, a new two-car garage,  and two new basement levels within a RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District. In addition, the Zoning Administrator will consider a Variance from the requirements for rear yard (per Planning Code Section 134).  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:  Take Discretionary Review and Approve with Modifications
(Continued from Regular Meeting of September 28, 2017)
(Proposed for Continuance to January 11, 2018)

2b. 2015-015846DRP                                                 (E. GORDON-JONCKHEER: (415) 575-8728)
520 28TH STREET - north side of 28th Street between Castro and Diamond Streets; Lot 008 in Assessor’s Block 6604 (District 8) - Request for Discretionary Review of Building Permit Application No. 2015.11.12.2431, proposing vertical and horizontal additions to the existing one-story single-family home, including a new second floor, a new two-car garage, and two new basement levels within a RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District. In addition, the Zoning Administrator will consider a Variance from the requirements for rear yard (per Planning Code Section 134). 
Staff Analysis:  Full Discretionary Review
Preliminary Recommendation:  Take Discretionary Review and Approve with Modifications
(Continued from Regular Meeting of September 28, 2017)
(Proposed for Continuance to January 11, 2018)

2c. 2015-015846VAR                                                     (E. GORDON-JONCKHEER: (415) 575-8728)
520 28TH STREET - north side of 28th Street between Castro and Diamond Streets; Lot 008 in Assessor’s Block 6604 (District 8) - Request for a Rear Yard Variance from the Zoning Administrator pursuant to Planning Code Section 134 to allow the demolition and replacement of the roof of the existing noncomplying structure constituting an increase in the volume of the building within the required rear yard.  The project is located in a RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District. 
(Continued from Regular Meeting of July 6, 2017)
(Proposed for Continuance to January 11, 2018)

3a. 2016-004823CUA                                                  (E. JARDINES: (415) 575-9144)
744 HARRISON STREET  - northwest corner of Harrison and Lapu Lapu Streets, on Lots: 028 and 054 in Assessor’s Block 3751 (District 6) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 202.2, 249.40A, 303 and 842, to establish a hotel in the MUO Zoning District and a restaurant within the SOMA Youth and Family Special Use District. The proposed project includes demolition of the existing two-story office building and new construction of a new 85-foot tall eight-story-over-basement mixed-use building with a ground floor 1,683 square foot restaurant, a 22,273 square foot tourist hotel (52 rooms), and 7,500 square feet of group housing (7 rooms with a common kitchen, dining, and living area) on the upper floors within the Mixed Use Office (MUO) Zoning District, the SOMA Youth and Family Special Use District and a 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).
Preliminary Recommendation: Approve with Conditions
(Proposed for Continuance to January 18, 2018)

3b. 2016-004823ENX                                                (E. JARDINES: (415) 575-9144)
744 HARRISON STREET  - northwest corner of Harrison and Lapu Lapu Streets, on Lots: 028 and 054 in Assessor’s Block 3751 (District 6) - Request for a Large Project Authorization, pursuant to Planning Code Section 329, to construct a new 85-foot tall eight-story-over-basement mixed-use building with a ground floor 1,683 square foot restaurant, a 22,273 square foot tourist hotel (52 rooms), and 7,500 square feet of group housing (7 rooms with a common kitchen, dining, and living area) on the upper floors. Under the LPA, the Project is seeking exceptions to the Planning Code requirements for rear yard (Planning Code Section 134) and usable open space (Planning Code Section 135). The proposed project is located within the Mixed Use Office (MUO) Zoning District, the SOMA Youth and Family Special Use 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).
Preliminary Recommendation: Approve with Conditions
(Proposed for Continuance to January 18, 2018)

4. 2015-008252DRP                                                   (E. GORDON-JONCKHEER: (415) 575-8728
89 ROOSEVELT WAY - south side of Roosevelt Way at Buena Vista Terrace; Lot 077 in Assessor’s Block 2612 (District 8) - Request for Discretionary Review of Building Permit Application No. 2016.09.19.8061, proposing the vertical addition of a mezzanine level with roof decks to an existing 3-story building within a RM-1 (Residential-Mixed, Low Density) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).
Preliminary Recommendation:  Pending
(Proposed for Continuance to March 1, 2018)

5. 2015-018233DRP                      (M. DITO: (415) 575-9164, E. SAMONSKY: (415) 575-9112)
1290 SHAFTER AVENUE- north side between Ingalls and Hawes Streets; Lot 012A in Assessor’s Block 4787 (District 10) - Request for Discretionary Review of Building Permit Application No. 2015.11.20.3280 proposing to legalize one dwelling unit at the first floor level, pursuant to Ordinance 43-14, and to remove an unauthorized dwelling unit at the second floor (by merging with the existing dwelling unit) from a property containing a single-family home 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 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 October 5, 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. 2016-002491CUA                                                   (A. LINDSAY: (415) 575-9178)
556 JONES STREET - southeast corner at the intersection of Geary Street and Jones Street, Lot 014 of Assessor’s Block 0317 (District 4) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303(c) and 209.3, to install a new T-Mobile Macro Wireless Telecommunications Services Facility consisting of installation of nine (9) new panel antennas, installation of three (3) new RRUs, installation of (4) new FRP screen walls, and ancillary equipment as part of the T-Mobile Telecommunications Network. The subject property is located within a RC-4 (Residential – Commercial-High Density) Zoning District, and 80-T and 130-T Height and Bulk Districts.
Preliminary Recommendation: Approve with Conditions

7. 2017-002484CUA                                                        (A. LINDSAY: (415) 575-9178)
2 GENEVA AVENUE - south side between Ocean Avenue and Howth Street; Lot 057 of Assessor’s Block 6946 (District 11) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303(c) and 755, to develop a T-Mobile Wireless Telecommunications Facility consisting of six (6) screened rooftop-mounted panel antennas, one (1) GPS antenna, two (2) two-sided screen walls, and an associated equipment area as part of the T-Mobile Wireless Telecommunications Network. The subject property is located within the Ocean Avenue NCT (Neighborhood Commercial Transit) Zoning District and 40-X Height and Bulk District. 
Preliminary Recommendation:  Approve with Conditions

8. 2017-010834CUA                                                             (A. LINDSAY: (415) 575-9178)
501-503 & 505-511 LAGUNA STREET - west side between Linden and Fell Streets; Lots 034 and 035 of Assessor’s Block 0819 (District 5) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303(c) and 761, to: (1) legalize the modification of an existing AT&T Mobility Wireless Telecommunications Facility consisting of three (3) new antennas, for a total of six (6) antennas mounted to an existing rooftop within existing screening; and (2) modify the existing facility consisting of the removal and replacement of six (6) radio relay units (RRUs) and other equipment upgrades as part of the AT&T Mobility Wireless Telecommunications Network. The subject property is located within the Hayes-Gough NCT (Neighborhood Commercial Transit) Zoning District and 40-X Height and Bulk District. 
Preliminary Recommendation:  Approve with Conditions

9. 2017-004909CUA                                                      (K. CAMPBELL: (415) 575-8732)
123 WEST PORTAL AVENUE - southeastern side  between Vicente and 14th Streets, Lot 031 in Assessor’s Block 2989B (District 14) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 303.1, and 703.4 to establish a Formula Retail Use (d.b.a. Verizon, a wireless communications retail store) within an existing 2,174 square feet tenant space (previously occupied by “RadioShack”, a retail store use) within the West Portal NCD (Neighborhood Commercial) Zoning District and 26-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

10. 2016-014513CUA                                                            (S. YOUNG: (415) 558-6346)
1765 CALIFORNIA STREET - south side between Franklin Street and Van Ness Avenue, Lot 013 in Assessor’s Block 0647 (District 2); Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 303.1, and 703.4 to establish a Formula Retail Use (d.b.a. Genji Sushi, a limited restaurant use specializing in sushi packaged for takeout in the deli area) inside an existing Whole Foods Market grocery store located within a NC-3 (Moderate Scale Neighborhood Commercial District, Van Ness Automotive Special Use District, and a 130-E 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

C. COMMISSION MATTERS

11. Consideration of Adoption:

12. 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.
13. 2018 Hearing Schedule

D. DEPARTMENT MATTERS

14. Director's Announcements

15. 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.

16.                                                                            (J. BINTLIFF: (415) 575-9170)
MAYOR’S EXECUTIVE DIRECTIVE ON HOUSING – Informational Presentation outlining the provisions of Executive Directive 17-02 establishing approval deadlines and accountability measures regarding the approval of new housing developments, and the Department’s approach to developing a process improvements plan for the Mayor’s consideration. 
Preliminary Recommendation: None – Informational

17. 2009.0159IKA                                                      (L. LANGLOIS: (415) 575-9083)
OAK PLAZA - approving an impact fee waiver for 1554 Market Street in the amount of $2,180,893 to create a plaza within the Oak Street right of way between Van Ness Avenue and Franklin Street (aka “Oak Plaza”), and to recommend to the Board of Supervisors that they adopt an ordinance accepting streetscape and open space improvements above the value of the in-kind fee waiver amount. 
Preliminary Recommendation:  Approve

18. 2014-002849CUA                                                      (C. GROB: 9415) 575-9138)
1196 COLUMBUS AVENUE - north side of Columbus Avenue, on the east side of the intersection of Columbus Avenue, Jones and Bay Streets; Lot 007 in Assessor’s Block 0043 (District 3) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 210.1 & 303 to establish a hotel use within a C-2 (Community Business) District, Telegraph Hill-North Beach Residential Special Use District and 40-X Height and Bulk District. The project proposes to demolish the existing one-story commercial building and construct a four-story-over-basement, 28,308 square foot hotel with 75 rooms. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).
Preliminary Recommendation:  Approve with Conditions
(Continued from Regular Meeting of November 2, 2017)
NOTE: On September 28, 2017, after hearing and closing public comment, the Commission adopted a Motion of Intent to Disapprove and Continued the matter to November 2, 2017 by a vote of +5 -2 (Koppel, Hillis against).
On November 2, 2017, after hearing and closing public comment, the Commission Continued the matter to November 16, 2017 by a vote of +6 -0 (Melgar absent).

19. 2017-007658CUA                                           (L. AJELLO-HOAGLAND: (415) 575-6823)
4522 3RD STREET - west side of 3rd Street, between La Salle and McKinnon Streets; Lot 019 in Assessor’s Block 5296 (District 10) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 249.62, 303 for Change of Use and relocation of an existing Prohibited Liquor Establishment in the Third Street Alcohol Special Use District for an existing retail grocery and liquor store (d.b.a. Sav Mor Market) to relocate from 4500 3rd Street to a vacant commercial storefront located at 4522 3rd. The project site is located within a NC-3 (Neighborhood Commercial, Moderate Scale) Zoning District, and ddddd40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).
Preliminary Recommendation:  Approve with Conditions
(Continued from Regular Meeting of November 2, 2017)
NOTE: On November 2, 2017, after hearing and closing public comment, the Commission Continued the matter to November 16, 2017 by a vote of +3 -2 (Johnson, Koppel against; Melgar, Hillis absent).

20. 2016-002572CUA                                               (E. JARDINES: (415) 575-9144)
2534-2540 MISSION STREET- west side of Mission Street; Lot 211 in Assessor’s Block 3616 (District 9) - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 121.2, 202.2, 249.60, 303, 754, 781.80 and the Mission 2016 Interim Zoning Controls (Planning Commission Resolution 19865), to permit the change of use from a vacant non-retail professional service to a restaurant and allow the expansion of an existing restaurant (DBA Foreign Cinema), and to permit a non-residential use size larger than 6,000 square feet in the Mission Street NCT (Mission Street Neighborhood Commercial Transit) Zoning District, Mission Alcoholic Beverage Special Use District and a 65-B Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).
Preliminary Recommendation: Denial

21a. 2014.0408DNX                                                      (C. ASBAGH: (415) 575-9165)
1055 MARKET STREET - south side of Market Street, between Sixth and Seventh Streets at the intersection of McAllister and Market Streets; lot 066 of Assessor’s Block 3703 (District 6) - Request for a Downtown Project Authorization per Planning Code Section 309, including a request for an exception to the ground-level wind current requirements in C-3 Districts (Section 148). The proposal would demolish the existing two-story approximately 16,000 square foot commercial building, and construct a 10-story, 160-room tourist hotel with approximately 2,014 square feet of ground floor retail. The project site is located in the Downtown General Commercial (C-3-G) Zoning District and 90-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.
Preliminary Recommendation:  Approve with Conditions

21b. 2014.0408CUA                                                          (C. ASBAGH: (415) 575-9165)
1055 MARKET STREET - south side of Market Street, between Sixth and Seventh Streets at the intersection of McAllister and Market Streets; lot 066 of Assessor’s Block 3703 (District 6) - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 210.2 and 303 to establish a tourist hotel. The proposal would demolish the existing two-story approximately 16,000 square foot commercial building, and construct a 10-story, 160-room tourist hotel with approximately 2,014 square feet of ground floor retail. The project site is located in the Downtown General Commercial (C-3-G) Zoning District and 90-X Height and Bulk District.
Preliminary Recommendation:  Approve with Conditions

22. 2017-007430CUA                                                         (C. ASBAGH: 415/575-9165)
1360 JONES STREET, UNITS 902 AND 1001 - southeast corner of Washington and Jones Streets; lot 016 of Assessor’s Block 0214 (District 3) - Request for a Conditional Use Authorization, pursuant to Planning Code Section 303 and 317 to merge two dwelling units within a 19-unit building. The project would merge a 1,507 square foot, two-bedroom, two-bath unit (#902) with a 2,502 square foot, two-bedroom, two and a half-bath unit (#1001) within the RM-4 (Residential - Mixed, High Density) Zoning District and 65-A Height and Bulk District.
Preliminary Recommendation:  Disapprove

23. 2017-003058CUA                                                     (M. DITO: (415) 575-9164)
2323 MISSION STREET - east side of Mission Street, between 19th and 20th Streets on Assessor’s Block 3595, Lot 029 (District 9) - Request for Conditional Use Authorization pursuant to Planning Code Sections 145.2, 303, and 754 to establish an Outdoor Activity Area at an existing restaurant use (d.b.a. “Teeth”) in an existing two-story mixed-use building. The subject property is located within the Mission Street Neighborhood Commercial Transit District and 55-X Height and Bulk Districts. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).
Preliminary Recommendation: Approve with Conditions
(Continued from Regular Meeting of September 28, 2017)

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.

24a. 2015-015751DRP                      (M. DITO: (415) 575-9164, E. SAMONSKY: (415) 575-9112)
1824 JENNINGS STREET- east side between Shafter and Thomas Avenues; Lot 005 in Assessor’s Block 4790 (District 10) - Request for Discretionary Review of Building Permit Application No. 2015.11.09.2165 proposing to remove two unauthorized dwelling units (by merger of the units with the existing dwelling unit) and to legalize a dwelling unit at the first floor, pursuant to Ordinance 43-14, in an existing single family home 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 San Francisco Administrative Code Section 31.04(h).
Staff Analysis:  Full Discretionary Review
Preliminary Recommendation:  Take Discretionary Review and Approve with Conditions

24b. 2015-018300DRP                      (M. DITO: (415) 575-9164, E. SAMONSKY: (415) 575-9112)
1083 HOLLISTER AVENUE - south side between Ingalls and Hawes Streets; Lot 029 in Assessor’s Block 4965 (District 10) - Request for Discretionary Review of Building Permit Application No. 2015.11.10.2331 proposing to legalize one dwelling unit at the first floor level (by merger with another unauthorized dwelling unit), pursuant to Ordinance 43-14, and to remove an unauthorized dwelling unit at the second floor (by merging with the existing dwelling unit) from a property containing a single-family home 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 San Francisco Administrative Code Section 31.04(h).
Staff Analysis:  Full Discretionary Review
Preliminary Recommendation:  Take Discretionary Review and Approve with Conditions

24c. 2015-018240DRP                      (M. DITO: (415) 575-9164, E. SAMONSKY: (415) 575-9112)
1395 SHAFTER AVENUE - south side between Jennings and Ingalls Streets; Lot 025 in Assessor’s Block 4791 (District 10) - Request for Discretionary Review of Building Permit Application No. 2015.11.20.3191 proposing to remove three unauthorized dwelling units (by merger of the units) and to legalize a dwelling unit at the second floor, pursuant to Ordinance 43-14, in an existing single family home 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 San Francisco Administrative Code Section 31.04(h).
Staff Analysis:  Full Discretionary Review
Preliminary Recommendation:  Take Discretionary Review and Approve with Conditions

24d. 2016-000316DRP                      (M. DITO: (415) 575-9164, E. SAMONSKY: (415) 575-9112)
1351 REVERE AVENUE - south side between Jennings and Ingalls Streets; Lot 020A in Assessor’s Block 4788 (District 10) - Request for Discretionary Review of Building Permit Application No. 2015.12.15.5196 proposing to add one dwelling unit and legalize one dwelling unit at the first floor level, pursuant to Ordinance 43-14, and to remove four unauthorized dwelling units (by merging the units with the existing unit) from a property containing a single-family home 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:  Full Discretionary Review
Preliminary Recommendation:  Do Not Take Discretionary Review and Approve
(Continued from Regular Meeting of October 5, 2017)

24e. 2016-000184DRP                      (M. DITO: (415) 575-9164, E. SAMONSKY: (415) 575-9112)
38 CARR STREET - west side between Paul and Salinas Avenues; Lot 010 in Assessor’s Block 5462 (District 10) - Request for Discretionary Review of Building Permit Application No. 2015.12.02.3978 proposing the removal of two unauthorized dwelling units at the second and third floor (by merger with the existing unit) and to legalize a dwelling unit at the first floor, pursuant to Ordinance 43-14, in an existing single family home 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 San Francisco Administrative Code Section 31.04(h).
Staff Analysis:  Full Discretionary Review
Preliminary Recommendation:  Take Discretionary Review and Approve with Conditions
(Continued from Regular Meeting of October 5, 2017)

24f. 2016-000121DRP                      (M. DITO: (415) 575-9164, E. SAMONSKY: (415) 575-9112)
1050 GILMAN AVENUE - north side between Griffith and Hawes Street; Lot 006A in Assessor’s Block 4937 (District 10) - Request for Discretionary Review of Building Permit Application No. 2015.12.02.3975 proposing to remove three unauthorized dwelling units (by merger of the units) and to legalize a dwelling unit at the first floor, pursuant to Ordinance 43-14, in an existing single family home 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 San Francisco Administrative Code Section 31.04(h).
Staff Analysis:  Full Discretionary Review
Preliminary Recommendation:  Take Discretionary Review and Approve with Conditions
(Continued from Regular Meeting of October 5, 2017)

24g. 2016-000343DRP                      (M. DITO: (415) 575-9164, E. SAMONSKY: (415) 575-9112)
1656 NEWCOMB AVENUE - north side between Third and Newhall Street; Lot 006 in Assessor’s Block 5306 (District 10) - Request for Discretionary Review of Building Permit Application No. 2015.11.10.2339 proposing to remove two unauthorized dwelling units on the second and third floors (by merger with existing units) and to legalize one dwelling unit on the ground floor, pursuant to Ordinance 43-14, in an existing three family building within a RH-2 (Residential House, Two-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).
Staff Analysis:  Full Discretionary Review
Preliminary Recommendation:  Do Not Take Discretionary Review and Approve
(Continued from Regular Meeting of October 5, 2017)

ADJOURNMENT

Hearing Procedures

The Planning Commission holds public hearings regularly, on most Thursdays. The full hearing schedule for the calendar year and the Commission Rules & Regulations may be found online at: www.sfplanning.org.

Public Comments: Persons attending a hearing may comment on any scheduled item.

  • When speaking before the Commission in City Hall, Room 400, please note the timer indicating how much time remains.  Speakers will hear two alarms.  The first soft sound indicates the speaker has 30 seconds remaining.  The second louder sound indicates that the speaker's opportunity to address the Commission has ended.

Sound-Producing Devices Prohibited: The ringing of and use of mobile phones and other sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal of any person(s) responsible for the ringing or use of a mobile phone, pager, or other similar sound-producing electronic devices (67A.1 Sunshine Ordinance: Prohibiting the use of cell phones, pagers and similar sound-producing electronic devices at and during public meetings).

For most cases (CU's, PUD's, 309's, etc…) that are considered by the Planning Commission, after being introduced by the Commission Secretary, shall be considered by the Commission in the following order:

  1. A thorough description of the issue(s) by the Director or a member of the staff.
  2. A presentation of the proposal by the Project Sponsor(s) team (includes sponsor or their designee, lawyers, architects, engineers, expediters, and/or other advisors) would be for a period not to exceed 10 minutes, unless a written request for extension not to exceed a total presentation time of 15 minutes is received at least 72 hours in advance of the hearing, through the Commission Secretary, and granted by the President or Chair.
  3. A presentation of opposition to the proposal by organized opposition for a period not to exceed 10 minutes (or a period equal to that provided to the project sponsor team) with a minimum of three (3) speakers.  The intent of the 10 min block of time provided to organized opposition is to reduce the number of overall speakers who are part of the organized opposition.  The requestor should advise the group that the Commission would expect the organized presentation to represent their testimony, if granted.  Organized opposition will be recognized only upon written application at least 72 hours in advance of the hearing, through the Commission Secretary, the President or Chair.  Such application should identify the organization(s) and speakers.
  4. Public testimony from proponents of the proposal:  An individual may speak for a period not to exceed three (3) minutes.
  5. Public testimony from opponents of the proposal:  An individual may speak for a period not to exceed three (3) minutes.
  6. Director's preliminary recommendation must be prepared in writing.
  7. Action by the Commission on the matter before it.
  8. In public hearings on Draft Environmental Impact Reports, all speakers will be limited to a period not to exceed three (3) minutes.
  • The President (or Acting Chair) may impose time limits on appearances by members of the public and may otherwise exercise his or her discretion on procedures for the conduct of public hearings.
  • Public comment portion of the hearing shall be closed and deliberation amongst the Commissioners shall be opened by the Chair;
  • A motion to approve; approve with conditions; approve with amendments and/or modifications; disapprove; or continue to another hearing date, if seconded, shall be voted on by the Commission.

Every Official Act taken by the Commission must be adopted by a majority vote of all members of the Commission, a minimum of four (4) votes.  A failed motion results in the disapproval of the requested action, unless a subsequent motion is adopted. Any Procedural Matter, such as a continuance, may be adopted by a majority vote of members present, as long as the members present constitute a quorum (four (4) members of the Commission).

For Discretionary Review cases that are considered by the Planning Commission, after being introduced by the Commission Secretary, shall be considered by the Commission in the following order:

  • A thorough description of the issue by the Director or a member of the staff.
  • A presentation by the DR Requestor(s) team (includes Requestor(s) or their designee, lawyers, architects, engineers, expediters, and/or other advisors) would be for a period not to exceed five (5) minutes for each requestor.
  • Testimony by members of the public in support of the DR would be up to three (3) minutes each.
  • A presentation by the Project Sponsor(s) team (includes Sponsor(s) or their designee, lawyers, architects, engineers, expediters, and/or other advisors) would be for a period up to five (5) minutes, but could be extended for a period not to exceed 10 minutes if there are multiple DR requestors.
  • Testimony by members of the public in support of the project would be up to three (3) minutes each.
  1. DR requestor(s) or their designees are given two (2) minutes for rebuttal.
  • Project sponsor(s) or their designees are given two (2) minutes for rebuttal.
  • The President (or Acting Chair) may impose time limits on appearances by members of the public and may otherwise exercise his or her discretion on procedures for the conduct of public hearings.

The Commission must Take DR in order to disapprove or modify a building permit application that is before them under Discretionary Review.  A failed motion to Take DR results in a Project that is approved as proposed.

Hearing Materials

Advance Submissions: To allow Commissioners the opportunity to review material in advance of a hearing, materials must be received by the Planning Department eight (8) days prior to the scheduled public hearing.  All submission packages must be delivered to1650 Mission Street, Suite 400, by 5:00 p.m. and should include fifteen (15) hardcopies and a .pdf copy must be provided to the staff planner. Correspondence submitted to the Planning Commission after eight days in advance of a hearing must be received by the Commission Secretary no later than the close of business the day before a hearing for it to become a part of the public record for any public hearing.

Correspondence submitted to the Planning Commission on the same day, must be submitted at the hearing directly to the Planning Commission Secretary. Please provide ten (10) copies for distribution. Correspondence submitted in any other fashion on the same day may not become a part of the public record until the following hearing.

Correspondence sent directly to all members of the Commission, must include a copy to the Commission Secretary (commissions.secretary@sfgov.org) for it to become a part of the public record.

These submittal rules and deadlines shall be strictly enforced and no exceptions shall be made without a vote of the Commission.

Persons unable to attend a hearing may submit written comments regarding a scheduled item to: Planning Commission, 1650 Mission Street, Suite 400, San Francisco, CA  94103-2414.  Written comments received by the close of the business day prior to the hearing will be brought to the attention of the Planning Commission and made part of the official record. 

Appeals

The following is a summary of appeal rights associated with the various actions that may be taken at a Planning Commission hearing.

Case Type

Case Suffix

Appeal Period*

Appeal Body

Office Allocation

OFA (B)

15 calendar days

Board of Appeals**

Conditional Use Authorization and Planned Unit Development

CUA (C)

30 calendar days

Board of Supervisors

Building Permit Application (Discretionary Review)

DRP/DRM (D)

15 calendar days

Board of Appeals

EIR Certification

ENV (E)

30 calendar days

Board of Supervisors

Coastal Zone Permit

CTZ (P)

15 calendar days

Board of Appeals

Planning Code Amendments by Application

PCA (T)

30 calendar days

Board of Supervisors

Variance (Zoning Administrator action)

VAR (V)

10 calendar days

Board of Appeals

Large Project Authorization in Eastern Neighborhoods

LPA (X)

15 calendar days

Board of Appeals

Permit Review in C-3 Districts, Downtown Residential Districts

DNX (X)

15-calendar days

Board of Appeals

Zoning Map Change by Application

MAP (Z)

30 calendar days

Board of Supervisors

* Appeals of Planning Commission decisions on Building Permit Applications (Discretionary Review) must be made within 15 days of the date the building permit is issued/denied by the Department of Building Inspection (not from the date of the Planning Commission hearing).  Appeals of Zoning Administrator decisions on Variances must be made within 10 days from the issuance of the decision letter.

**An appeal of a Certificate of Appropriateness or Permit to Alter/Demolish may be made to the Board of Supervisors if the project requires Board of Supervisors approval or if the project is associated with a Conditional Use Authorization appeal.  An appeal of an Office Allocation may be made to the Board of Supervisors if the project requires a Conditional Use Authorization.

For more information regarding the Board of Appeals process, please contact the Board of Appeals at (415) 575-6880.  For more information regarding the Board of Supervisors process, please contact the Clerk of the Board of Supervisors at (415) 554-5184 or board.of.supervisors@sfgov.org.

An appeal of the approval (or denial) of a 100% Affordable Housing Bonus Program application may be made to the Board of Supervisors within 30 calendar days after the date of action by the Planning Commission pursuant to the provisions of Sections 328(g)(5) and 308.1(b). Appeals must be submitted in person at the Board's office at 1 Dr. Carlton B. Goodlett Place, Room 244. For further information about appeals to the Board of Supervisors, including current fees, contact the Clerk of the Board of Supervisors at (415) 554-5184.

An appeal of the approval (or denial) of a building permit application issued (or denied) pursuant to a 100% Affordable Housing Bonus Program application by the Planning Commission or the Board of Supervisors may be made to the Board of Appeals within 15 calendar days after the building permit is issued (or denied) by the Director of the Department of Building Inspection. Appeals must be submitted in person at the Board's office at 1650 Mission Street, 3rd Floor, Room 304. For further information about appeals to the Board of Appeals, including current fees, contact the Board of Appeals at (415) 575-6880.

Pursuant to California Government Code Section 65009, if you challenge, in court, the decision of an entitlement or permit, the issues raised shall be limited to those raised in the public hearing or in written correspondence delivered to the Planning Commission prior to, or at, the public hearing.

Challenges
Pursuant to Government Code Section 65009, if you challenge, in court, (1) the adoption or amendment of a general plan, (2) the adoption or amendment of a zoning ordinance, (3) the adoption or amendment of any regulation attached to a specific plan, (4) the adoption, amendment or modification of a development agreement, or (5) the approval of a variance, conditional-use authorization, or any permit, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission, at, or prior to, the public hearing.

CEQA Appeal Rights under Chapter 31 of the San Francisco Administrative Code
If the Commission's action on a project constitutes the Approval Action for that project (as defined in S.F. Administrative Code Chapter 31, as amended, Board of Supervisors Ordinance Number 161-13), then the CEQA determination prepared in support of that Approval Action is thereafter subject to appeal within the time frame specified in S.F. Administrative Code Section 31.16.  This appeal is separate from and in addition to an appeal of an action on a project.  Typically, an appeal must be filed within 30 calendar days of the Approval Action for a project that has received an exemption or negative declaration pursuant to CEQA.  For information on filing an appeal under Chapter 31, contact the Clerk of the Board of Supervisors at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102, or call (415) 554-5184.  If the Department's Environmental Review Officer has deemed a project to be exempt from further environmental review, an exemption determination has been prepared and can be obtained on-line at http://www.sf-planning.org/index.aspx?page=3447. Under CEQA, in a later court challenge, a litigant may be limited to raising only those issues previously raised at a hearing on the project or in written correspondence delivered to the Board of Supervisors, Planning Commission, Planning Department or other City board, commission or department at, or prior to, such hearing, or as part of the appeal hearing process on the CEQA decision.

Protest of Fee or Exaction
You may protest any fee or exaction subject to Government Code Section 66000 imposed as a condition of approval in accordance with Government Code Section 66020.  The protest must satisfy the requirements of Government Code Section 66020(a) and must be filed within 90 days of the date of the first approval or conditional approval of the development referencing the challenged fee or exaction.  For purposes of Government Code Section 66020, the date of imposition of the fee shall be the date of the earliest discretionary approval by the City of the subject development.

The Planning Commission's approval or conditional approval of the development subject to the challenged fee or exaction as expressed in its Motion, Resolution, or Discretionary Review Action or the Zoning Administrator's Variance Decision Letter will serve as Notice that the 90-day protest period under Government Code Section 66020 has begun.