Planning Commission - November 30, 2017 - Agenda

Meeting Date: 
November 30, 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 30, 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.

1a. 2017-003134CUA                                                            (N. FOSTER: (415) 575-9167)
72 ELLIS STREET - north side of Ellis Street, between Stockton and Powell Streets, Lot 011 in Assessor’s Block 0327 (District 3) – Request for Performance Period Extension for an additional three years for a previously-approved project (Conditional Use Authorization).  The amendment proposes minor changes to the overall design of the building with an increase in guest room count from the original proposal (from 156 rooms to 192 rooms).  The Project proposes to demolish an existing surface parking lot and construct an approximately 130-foot-tall (up to maximum height of 146 feet, inclusive of mechanical equipment and elevator over-run), 11-story-over-basement, approximately 76,500 gross square foot (gsf) building.  The proposed building would contain a Hotel Use (a Retail Sales and Service Use), providing one hundred and ninety two (192) tourist guest rooms, and would also contain approximately 8,500 square feet of retail use.  The Project would provide eight (8) Class I bicycle parking spaces in the basement and eleven (11) Class II bicycle parking spaces on Ellis Street.  No off-street parking is proposed; the Project would include a passenger loading zone directly in front of the subject property (subject to SFMTA approval). The Project requests Zoning Administrator consideration of a Elevator Height Exemption Waiver pursuant to Section 260(b)(1)(B) The subject property is located within the C-3-R (Downtown Retail) Zoning District, 80-130-F Height and Bulk District, and Kearny-Market-Mason-Sutter (KMMS) Conservation District.  The project also required action by the Historic Preservation Commission on a Permit to Alter for demolition and new construction within the KMMS Conservation District (Case No. 2017-003134PTA).  On June 7, 2017, the Historic Preservation Commission approved the Permit to Alter, with recommendations as amended, by a vote of +4 -0, (HPC Motion No. 0305).
Preliminary Recommendation: Approve Two-Year Extension of Performance Period
(Continued from Regular Meeting on August 31, 2017)
(Proposed Continuance to January 25, 2018)

1b. 2017-003134DNX                                                      (N. FOSTER: (415) 575-9167)
72 ELLIS STREET – north side of Ellis Street, between Stockton and Powell Streets, Lot 011 in Assessor’s Block 0327 (District 3) – Request for Performance Period Extension for an additional three years for a previously-approved project (Downtown Project Authorization).  The amendment proposes minor changes to the overall design of the building with an increase in guest room count from the original proposal (from 156 rooms to 192 rooms).  The Project proposes to demolish an existing surface parking lot and construct an approximately 130-foot-tall (up to maximum height of 146 feet, inclusive of mechanical equipment and elevator over-run), 11-story-over-basement, approximately 76,500 gross square foot (gsf) building.  The proposed building would contain a Hotel Use (a Retail Sales and Service Use), providing one hundred and ninety two (192) tourist guest rooms, and would also contain approximately 8,500 square feet of retail use.  The Project would provide eight (8) Class I bicycle parking spaces in the basement and eleven (11) Class II bicycle parking spaces on Ellis Street.  No off-street parking is proposed; the Project would include a passenger loading zone directly in front of the subject property (subject to SFMTA approval). The Project requests Zoning Administrator consideration of a Elevator Height Exemption Waiver pursuant to Section 260(b)(1)(B) The subject property is located within the C-3-R (Downtown Retail) Zoning District, 80-130-F Height and Bulk District, and Kearny-Market-Mason-Sutter (KMMS) Conservation District.  The project also required action by the Historic Preservation Commission on a Permit to Alter for demolition and new construction within the KMMS Conservation District (Case No. 2017-003134PTA).  On June 7, 2017, the Historic Preservation Commission approved the Permit to Alter, with recommendations as amended, by a vote of +4 -0, (HPC Motion No. 0305).
Preliminary Recommendation: Approve Two-Year Extension of Performance Period
(Continued from Regular Meeting on August 31, 2017)
(Proposed Continuance to January 25, 2018)

2. 2015-018150CUA                                                     (C. MAY: (415) 575-9087)
137 CLAYTON STREET – west side of Clayton Street, between Grove and Hayes Streets, Lot 006 in Assessor’s Block 1194 (District 5) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 317 to demolish an existing two-story, single-family dwelling and construct a new four-story, 3-unit residential building within an RH-3 (Residential – House, Three-Family) Zoning District and 40-X Height and Bulk District.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).
Preliminary Recommendation: Pending
(Continued from Regular Meeting on August 24, 2017)
NOTE: On November 3, 2016 the Commission closed public comment and adopted a motion of intent to Disapprove and Continued the matter to December 1, 2016, by a vote of +7 -0. On December 1, 2016, without hearing, continued the matter to February 9, 2017. On February 9, 2017, without hearing, continued the matter to April 13, 2017. On April 13, 2017, without hearing, continued the matter to June 8, 2017. On June 8, 2017, without hearing, continued the matter to August 24, 2017. On August 24, 2017, without hearing, continued the matter to November 30, 2017.
(Proposed for Indefinite Continuance)

3. 2017-001036CUA                                                    (D. WEISSGLASS: (415) 575-9177)
1101 FILLMORE STREET - west side of Fillmore Street between Turk Street and Golden Gate Avenue; Lot 002 in Assessor’s Block 0755 (District 5) - 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 Fillmore Street Neighborhood Commercial Transit District and 50-X Height and Bulk District. The proposal is to convert a vacant ground floor commercial space with approximately 1,674 square feet of floor area (previously occupied by “A&J Beauty Supply”, a non-Formula Retail beauty supplies store) to a Formula Retail Limited Restaurant Use (d.b.a. “Little Caesars”, a take-out pizza restaurant). 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: Pending
(Continued from Regular Meeting on October 5, 2017)
WITHDRAWN

4a. 2015-018474DRM                                                            (A. KIRBY: (415) 575-9133)
982 GREEN STREET - between Jones and Taylor Streets, Lot 008A in Assessor’s Block 0120 (District 3) - Request for Staff-Initiated Discretionary Review of Building Permit Application No. 2015.11.23.3374, proposing legalization of the expansion of a two family residential building through horizontal addition, side additions, and basement-level excavation. Exterior work includes publicly visible alterations to a contributory building within the Russian Hill-Macondray Lane National Register District. Two open carports at the front property line are proposed for reconstruction in the same locations but as fully enclosed, single-car garages with gable roofs. The project is located in 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:  Take Discretionary Review and Approve
(Continued from Regular Meeting on October 5, 2017)
WITHDRAWN

4b. 2015-018474VAR                                                           (A. KIRBY: (415) 575-9133)
982 GREEN STREET - between Jones and Taylor Streets, Lot 008A in Assessor’s Block 0120 (District 3) - Request for Variance approval from the Zoning Administrator pursuant to Planning Code Section 132 (Front Yard); Section 144 (Street Frontage) and Section 134 (Rear Yard) for work associated with Building Permit Application No. 2015.11.23.3374. The project is located in a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District. 
(Continued from Regular Meeting on October 5, 2017)
(Proposed Continuance to the Zoning Administrator’s calendar for January 24, 2018)

5. 2014.1060VAR                                                                      (C. ASBAGH: 415/575-9165)
1870 MARKET STREET - north side of Market Street, between Laguna Street and Octavia Blvd.; lot 004 of Assessor’s Block 0874 (District 8) – Request for a Rear Yard Modification (Section 134(e)(1) to allow a rear yard of 15 feet where 25 feet is required and a Variance for dwelling unit exposure (Section 140). The project is located in NCT-3 (Moderate Scale Neighborhood Commercial Transit) District and 85-X Height and Bulk District.
(Continued from Regular Meeting on September 28, 2017)
(Proposed Continuance to the Zoning Administrator’s calendar for January 24, 2018)
NOTE: Although the Variance is proposed for continuance to the Zoning Administrator’s hearing Agenda, the Discretionary Review is still listed on this Agenda and may be heard by the Planning Commission.

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. 2017-009773CUA                                       (L. AJELLO-HOAGLAND: (415) 575-6823)
2573-2575 3RD STREET – east side of 3rd Street, between 22nd and 23rd Streets; Lot 001 in Assessor’s Block 4173 (District 10) – Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.1, 249.37, 303 and 843.45 for the expansion of an existing gymnasium (dba Dogpatch Builders) in the Innovative Industries Special Use District located at 2573-2575 3rd.Street The project site is located within the PDR-1-G (Production, Distribution and Repair - 1, General) Zoning District, and 68-X/85-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

7. 2017-009207CUA                                          (E. SAMONSKY: (415) 575-9112)
500 CHURCH STREET – southwest corner of the intersection of Church and 17th Streets; Lot 001 in Assessor’s Block 3580 (District 8) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 186 to allow a change of use from retail sale and service (laundromat) to restaurant (dba “Butter and Saltz”) within the RM-2 (Residential-Mixed, Moderate Density) Zoning District and 40-X Height and Bulk District. This project was reviewed under the Community Business Priority Processing Program (CB3P).  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).
Preliminary Recommendation:  Approve with Conditions

C. COMMISSION MATTERS

8. Consideration of Adoption:

9. Commission Comments/Questions

  • Inquiries/Announcements.  Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).
  • Future Meetings/Agendas.  At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.

D. DEPARTMENT MATTERS

10. Director's Announcements

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

E. GENERAL PUBLIC COMMENT – 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.

12. 2013.1535ENV                                                           (J. DELUMO: (415) 575-9146)
450-474 O’FARRELL STREET/532 JONES STREET – on the block is bounded by Geary Street to the north, O’Farrell Street to the south, Taylor Street to the east, and Jones Street to the west (Assessor’s block/lot 0317/007, 0317/009, and 0317/011) (District 6) – Public Hearing on the Draft Environmental Impact Report. The project site is currently developed with the three-story (50-foot-tall), 26,904-square-foot Fifth Church of Christ, Scientist building, including a 1,400-square-foot parking lot with four parking spaces, at 450 O’Farrell Street; a one-story (30-foot-tall), 4,415-square-foot vacant retail building at 474 O’Farrell Street; and a one-story (30-foot-tall), 1,012-square-foot restaurant and residential building with basement at 532 Jones Street. The proposed project would demolish the existing structures, merge the three lots, and construct a 13-story, 130-foot-tall, 237,353-sf mixed-use building. The church façade at 450 O’Farrell Street would be retained as part of the proposed project. The proposed development would include up to 187,640 sf of residential space (with 176 dwelling units), 6,200 sf of restaurant and retail space, and 13,595 sf of religious institution space. Up to 41 parking spaces would be provided within a 21,070-sf, one-level subterranean parking garage with access off of Shannon Street. The project site is located in Residential-Commercial, High Density (RC-4) District, the North of Market Residential Special Use District No. 1, 80-T-130-T Height and Bulk District, and the Uptown Tenderloin National Register Historic District.
Written comments will be accepted at the Planning Department until 5:00 p.m. on December 11, 2017.
Preliminary Recommendation: Review and Comment

13a. 2014-002181PCA                                                       (C. MAY: (415) 575 – 9087)
2670 GEARY BOULEVARD – northwest corner of Geary Boulevard and Masonic Avenue; Lot 003 in Assessor’s Block 1071 (District 2) – Request for a Planning Code Amendment pursuant to Planning Code Section 302 to add Section 249.20 (Geary-Masonic Special Use District) with associated amendments to Zoning Map Sheet SU03, which would overlay the site and which would permit uses consistent with a NCT-3 (Moderate Scale Neighborhood Commercial Transit) District subject to exceptions from the use size, accessory vehicle parking, parking and loading access, dwelling unit mix and inclusionary housing requirements to allow the establishment of a mixed use development project with ground floor retail and a combination of low income, moderate income and market rate residential units, at densities higher than what otherwise would be permitted in a NC-3 Zoning District and 80-D Height and Bulk District.  The site is currently within a NC-3 (Moderate Scale Neighborhood Commercial) District. The Ordinance was introduced by Supervisor Mark Farrell and is identified as Board of Supervisors File No. 161109-2.  The Planning Commission will consider a resolution recommending this Text Amendment to the Board of Supervisors; adopting findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1.
Preliminary Recommendation: Approve

13c. 2014-002181CUA                                                                (C. MAY: (415) 575-9087)
2670 GEARY BOULEVARD – northwest corner of Geary Boulevard and Masonic Avenue; Lot 003 in Assessor’s Block 1071 (District 2) – Request for a Zoning Map Amendment pursuant to Planning Code Section 302 to amend Sheet SU03 of the Official Zoning Map of the City and County of San Francisco to establish the Geary-Masonic Special Use District. The Ordinance was introduced by Supervisor Mark Farrell and is identified as Board of Supervisors File No. 161109-2.  The Planning Commission will consider a resolution recommending this Zoning Map Amendment to the Board of Supervisors; adopting findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1.
Preliminary Recommendation: Approve

13c. 2014-002181CUA                                                                 (C. MAY: (415) 575-9087)
2670 GEARY BOULEVARD – northwest corner of Geary Boulevard and Masonic Avenue; Lot 003 in Assessor’s Block 1071 (District 2) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 121.1, 271 and 303 to allow the development of an 8-story mixed-use building containing 95 residential dwelling units above 16 off-street vehicular parking spaces, 120 bicycle parking spaces and approximately 1,756 square feet of ground floor commercial space within a NC-3 (Moderate Scale Neighborhood Commercial) District and 80-D Height and Bulk District.  The project is subject to draft legislation which would amend the Planning Code and Zoning Map of the City and County of San Francisco to establish the Geary-Masonic Special Use District (Board File No. 161109-2).  The project is seeking an exception to the bulk requirements of Planning Code Section 271. The project is also requesting a modification of the rear yard requirements pursuant to Planning Code Section 134 and variances from the dwelling unit exposure requirements pursuant to Planning Code Section 140 and for obstructions over streets pursuant to Planning Code Section 136. 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

13d. 2014-002181VAR                                                              (C. MAY: (415) 575-9087)
2670 GEARY BOULEVARD – northwest corner of Geary Boulevard and Masonic Avenue; Lot 003 in Assessor’s Block 1071 (District 2) - Request for Variances, pursuant to Planning Code Sections 140 for dwelling unit exposure and 136(c)(1)(b) for obstructions over streets.  The project also seeks to modify the rear yard requirement pursuant to Planning Code Section 134. The project proposes to construct an 8-story mixed-use building containing 95 residential dwelling units above 16 off-street vehicular parking spaces, 120 bicycle parking spaces and approximately 1,756 square feet of ground floor commercial space within a NC-3 (Moderate Scale Neighborhood Commercial) District and 80-D Height and Bulk District.  The project is subject to draft legislation which would amend the Planning Code and Zoning Map of the City and County of San Francisco to establish the Geary-Masonic Special Use District (Board File No. 161109-2). The project site is located within a NC-3 (Moderate Scale Neighborhood Commercial) District and 80-D Height and Bulk District.

14a. 2014.1364CUA                                                                 (B. BENDIX: (415) 575-9114)
1555 UNION STREET – south side of Union Street, between Franklin Street and Van Ness Avenue, Lot 001B in Assessor’s Block 0546 (District 2) – Request for Conditional Use Authorization pursuant to Planning Code Sections 121.1, 121.2, 303(c), 303(g), 307(i), and 725.55 to demolish an existing motel and to construct a four-story hotel containing approximately 100 guest rooms, 29 below grade off-street parking spaces, one off-street freight loading space and eight Class 1 bicycle parking spaces within approximately 58,620 square feet. The project is located within the Union Street Neighborhood Commercial Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).
Preliminary Recommendation: Approve with Conditions

14b. 2014.1364VAR                                                             (B. BENDIX: (415) 575-9114)
1555 UNION STREET – south side of Union Street, between Franklin Street and Van Ness Avenue, Lot 001B in Assessor’s Block 0546 (District 2) – Request for a Variance from the Zoning Administrator to address the requirements for the rear yard (Planning Code Section 134). The proposed project will demolish an existing motel and construct a four-story hotel containing approximately 100 guest rooms, 29 below grade off-street parking spaces, one off-street freight loading space and eight Class 1 bicycle parking spaces within approximately 58,620 square feet. The project is located within the Union Street Neighborhood Commercial Zoning District and 40-X Height and Bulk District.

15.  2017-002768CUA                                                        (N. FOSTER: (415) 575-9167)
984-988 JACKSON STREET – north side of Jackson Street, between Mason and Powell Streets, Lot 017 in Assessor’s Block 0180 (District 3) – Request for Conditional Use Authorization pursuant to Planning Code Sections 209.1, 253 and 303 to permit a building to exceed 40 feet in height within a RH Zoning District. The proposed project would add a fourth floor (one-story) to the existing three-story-over-basement residential building containing 3 dwelling units, with a net addition of approximately 1,100 square feet of living space to the existing dwelling unit located on the third floor.  The project does not add or remove any existing dwelling units, nor does the project add any off-street parking. With the addition of one floor, the building would reach a height of 44’-6”. Even though the underlying Bulk and Height District (65-A) for the subject property would allow for a taller structure, the Planning Code requires approval by the Planning Commission according to the procedures for conditional use approval. 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

16a. 2014.0244ENX                                                      (K. DURANDET: (415) 575-6816)
230 7TH STREET – west side of 7TH Street between Howard and Folsom Streets, Lot 004 in the Assessor’s Block 3730, (District 6) - Request for a Large Project Authorization (LPA) pursuant to Planning Code Section (§) 329 to demolish an existing parking garage and construct a six-story, 65-foot tall, 44,722 square feet (sf), mixed-use residential building with 40 residential units and 2,012 sf of ground floor commercial space. The project proposes 20 automobile and 40 Class I and 8 Class II bicycle parking spaces. Parking in excess of the principally permitted 18 spaces requires Planning Commission authorization findings under Section 303(u). Open space is provided through an inner court, a rear yard, and balconies. Under the LPA the project is seeking an exception for required Dwelling Unit Exposure (§140) for unit facing the inner court. 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:  Adopt Findings

16b. 2014.0244SHD                                                              (K. DURANDET: (415)575-6816)
230 7TH  STREET – west side of 7TH Street between Howard and Folsom Streets, Lot 004 in the Assessor’s Block 3730, (District 6) - Request for Adoption of Findings, pursuant to Planning Code Section 295, regarding the shadow study that concluded the new construction of a six-story residential mixed-use  building (approximately 44,722 sf), approximately 65 feet in height with 40 dwelling units would not be adverse to the use of Howard Langton Community Garden, which is under the jurisdiction of the San Francisco Recreation and Park Commission. The subject property is located within the WMUG (Western SOMA Mixed-Use General) Zoning District and 65-X Height and Bulk District in the Western SOMA Area Plan.
Preliminary Recommendation:  Adopt Findings

17. 2014-001400ENX                                                           (E. SAMONSKY: (415) 575-9112)
2750 19TH STREET – located at the northeast corner of Bryant and 19th Streets, Lot 004A in Assessor’s Block 4023 (District 10) - Request for a Large Project Authorization, pursuant to Planning Code Section 329, for the demolition of an existing industrial building, with the exception of the brick facade, and new construction of a six-story, 68-foot tall, mixed-use building (measuring approximately 74,446 square feet) with 60 dwelling units, approximately 7,471 square feet ground floor retail, 24 below-grade off-street parking spaces, one car-share parking space, 84 Class 1 bicycle parking spaces, and 13 Class 2 bicycle parking spaces. The Project includes 4,800 square feet of common open space roof deck. Under the LPA, the project is seeking an exception to certain Planning Code requirements, including: 1) rear yard (Planning Code Section 134); 2) dwelling unit exposure (Planning Code Section 140); 3) street frontage (Planning Code Section 145.1). The project site is located within the UMU (Urban Mixed-Use) and 68-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 on October 26, 2017)

18. 2017-010819CUA                                                      (M. CHANDLER: (415) 575-9048)
1526 WALLACE AVE – north side between Jennings and Keith Streets; Lot 004 in Assessor’s Block 4829 (District 10) – Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 210.3 to process and sell small livestock in a PDR Processing, Distribution, and Repair Zoning District, and 40-X Height and Bulk District (d.b.a. Saba Live Poultry). Direct sales to customers is proposed on site. All activities are proposed within and to be contained in a completely enclosed building, with no opening, other than fixed windows or exits required by law. There is currently one roll-up door on the existing west facade to be used for loading functions. 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

19. 2014.0376CUA                                                  (L. AJELLO-HOAGLAND: (415) 575-6823)
2918 MISSION STREET – west side of Mission Street between 25th and 26th Streets, Lots 002, 002A and 003 in the Assessor’s Block 6529, (District 9) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 121.1, 303 and the Mission 2016 Interim Zoning Controls (Planning Commission Resolution No. 19865), for Development of Large Lots in Neighborhood Commercial Districts for the project involving the new construction of an eight-story (84’-8”­tall), 67,066 sq. ft. mixed-use building with 75 dwelling units, 6,954 sq. ft. of ground floor retail and 76 Class 1 and 14 Class 2 bicycle parking spaces. The proposed project would utilize the State Density Bonus Law (California Government Code Sections 65915‐65918), and proposes waivers for rear yard, open space, dwelling unit exposure, height and bulk. The project site is located within the Mission St NCT (Neighborhood Commercial Transit) Zoning District, and 45-X, 55-X and 65-B Height and Bulk District.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h). 
Preliminary Recommendation: Approve with Conditions
(Continued from Regular Meeting on September 14, 2017)

20a. 2014.1302CUA                                                (R. SUCRE: (415) 575-9108)
2906 FOLSOM STREET – located at the southwest corner of 25th and Folsom Streets, Lot 001 in Assessor’s Block 6525 (District 9) – Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 317, for a residential merger at 2906 Folsom Street. Currently, the subject property possesses four dwelling units. The proposed project would demolish the existing garages, subdivide the existing lot into two lots, reconfigure and retain two dwelling units in 2906 Folsom Street, and construct two new dwelling units at 2904 Folsom Street and 3203 25th Street.  The two existing dwelling units at 2906 Folsom Street would be designated as part of the City’s Inclusionary Affordable Housing Program. Overall, the project would maintain four dwelling units on the project site. The project site is located within a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).
Preliminary Recommendation: Approve with Conditions

20b. 2014.1302VAR                                                             (R. SUCRE: (415) 575-9108) 
2906 FOLSOM STREET – located at the southwest corner of 25th and Folsom Streets, Lot 001 in Assessor’s Block 6525 (District 9) – Request for a Variance from the Zoning Administrator to address the requirements for minimum lot width and area (Planning Code Section 121) and rear yard (Planning Code Section 134). The proposed project would demolish the existing garages on the project site, subdivide the existing lot into two lots, reconfigure and retain two dwelling units in 2906 Folsom Street, and construct two new dwelling units at 2904 Folsom Street and 3203 25th Street.  The two existing dwelling units at 2906 Folsom Street would be designated as part of the City’s Inclusionary Affordable Housing Program. Overall, the project would maintain four dwelling units on the project site. The project would create two lots, which are narrower than 25-ft and less than 2,500 square feet, and would construct new dwelling units within the required rear yard. The project site is located within a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District.

21. 2017-006766CUA                                                         (E. JARDINES: (415) 575-9144)
2394 FOLSOM STREET - west side of Folsom Street, north side of 20th Street and east side of Shotwell Street on Lot 011 in Assessor’s Block 3594 (District 9) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 121.2, 249.60, 303, 711 and  781.80 and the Mission 2016 Interim Zoning Controls (Planning Commission Resolution No. 19865), to permit the change of use from a trade shop (DBA Timbuk2) to a restaurant with accessory brewery (DBA Fort Point Beer Co.) and to allow a non-residential use size larger than 4,000 square feet within a NC-2 (Small Scale Neighborhood Commercial Transit) Zoning District, Mission Alcoholic Beverage Restriction Special Use District and 45-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 on November 2, 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.

22. 2016-005617DRP                                        (M. CHRISTENSEN: (415) 575-8742)
1439-1441 SOUTH VAN NESS AVENUE – east side of South Van Ness Avenue, between 25th and 26th Streets; lot 021 of Assessor’s Block 6526 (District 9) - Request for Discretionary Review of building permit application No. 2016.0809.4577 that proposes to legalize and alter the existing ground floor dwelling unit, construct vertical and rear additions to expand all units within the structure, and alter the façade of the structure within a RM-1 (Residential-Mixed, Low Density) District and 50-X Height and Bulk District.
Staff Analysis:  Full Discretionary Review
Preliminary Recommendation:  Take Discretionary Review and Approve with Conditions

23. 2014.1060DRP                                               (C. ASBAGH: (415) 575-9165)
1870 MARKET STREET - north side of Market Street, between Laguna Street and Octavia Blvd.; lot 004 of Assessor’s Block 0874 (District 8) - Request for Discretionary Review of building permit application No. 2015-0501-5151 that proposes to demolish the existing single story private garage and construct an 85-foot tall, 8-story, approximately 16,000 square-foot building containing 10 dwelling units and approximately 400 square feet of ground floor retail within a NCT-3 (Moderate Scale Neighborhood Commercial Transit) District and 85-X Height and Bulk District.
Staff Analysis:  Full Discretionary Review
Preliminary Recommendation:  Take Discretionary Review and Approve with Conditions
(Continued from Regular Meeting on September 28, 2017)
NOTE: The project includes a request for Variance and Rear Yard Modification that will be considered by the Zoning Administrator at a separate hearing.

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.