Planning Commission - October 27, 2016 - Agenda

Meeting Date: 
October 27, 2016 - 12:00pm
Location: 
United States

SAN FRANCISCO

PLANNING COMMISSION

 

 

Notice of Hearing

&

Agenda

 

Commission Chambers, Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

San Francisco, CA 94102-4689

 

 

Thursday, October 27, 2016

12:00 p.m.

Regular Meeting

 

Commissioners:

Rodney Fong, President

Dennis Richards, Vice President

Rich Hillis, Christine Johnson, Joel Koppel, Myrna Melgar, Kathrin Moore

 

Commission Secretary:

Jonas P. Ionin

 

 

Hearing Materials are available at:

Website: http://www.sfplanning.org

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

Planning Information Center, 1660 Mission Street, 1st Floor

Voice recorded Agenda only: (415) 558-6422

 

Commission Hearing Broadcasts:

Live stream: http://www.sfgovtv.org

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

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

 

Disability and language accommodations available upon request to:

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

 

Know Your Rights Under the Sunshine Ordinance

Government's duty is to serve the public, reaching its decisions in full view of the public.  Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business.  This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.

 

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

 

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

 

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

 

San Francisco Lobbyist Ordinance

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

 

Accessible Meeting Information

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

 

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

 

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

 

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

 

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

 

Allergies: In order to assist the City in accommodating persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, please refrain from wearing scented products (e.g. perfume and scented lotions) to Commission hearings.

 

SPANISH:

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

 

CHINESE:

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

 

TAGALOG:

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

 

RUSSIAN:

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

 

ROLL CALL:                                                                         

 

                                            President:                                Rodney Fong

                                            Vice-President:                      Dennis Richards

                                            Commissioners:                    Rich Hillis; Christine Johnson; Joel Koppel, Myrna Melgar, Kathrin Moore

 

A.            CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

 

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

 

1a.          2015-009690CUA                                                                                    (E. SAMONSKY: (415 575-9112)

5 THOMAS MELLON CIRCLE - west side of Thomas Mellon Circle between Executive Park Boulevard and Alanna Drive; Lot 075 in Assessor’s Block 4991(District 10) - Request for Conditional Use Authorization to authorize a Planned Unit Development (PUD) pursuant to Planning Code Sections 303 and 304 for demolition of an existing commercial/office building and construction of five residential buildings (ranging in height from six to seventeen stories tall) with up to 586 dwelling units, approximately 4,727 square feet of ground floor commercial space, 53,729 square feet of usable open space, and up to 756 off-street parking spaces. The project includes modifications to the following Planning Code requirements: dwelling unit density (Section 209.3), measurement of height (Section 260), and street frontage (Section 145.1). The project is located within a RC-3 (Residential-Commercial, Medium Density) Zoning District, Executive Park Special Use District and 65/240-EP Height and Bulk Districts.

Preliminary Recommendation: Approve with Conditions

               (Continued from Regular Meeting of October 6, 2016)

(Proposed for Continuance to November 10, 2016)

 

1b.          2015-009690DNX                                                                                    (E. SAMONSKY: (415 575-9112)

5 THOMAS MELLON CIRCLE - west side of Thomas Mellon Circle between Executive Park Boulevard and Alanna Drive; Lot 075 in Assessor’s Block 4991(District 10) - Request for Permit Review in the Executive Park Special Use District, pursuant to Planning Code Sections 309.1 and 309.2, for demolition of an existing commercial/office building and construction of five residential buildings (ranging in height from six to seventeen stories tall) with up to 586 dwelling units, approximately 4,727 square feet of ground floor commercial space, 53,729 square feet of usable open space, and up to 756 off-street parking spaces. The project is located within a RC-3 (Residential-Commercial, Medium Density) Zoning District, Executive Park Special Use District and 65/240-EP Height and Bulk Districts.

Preliminary Recommendation: Approve with Conditions

            (Continued from Regular Meeting of October 6, 2016)

(Proposed for Continuance to November 10, 2016)

 

2.             2016-006465CUA                                                                                (C. ALEXANDER: (415) 575- 8724)

1101 VAN NESS AVENUE southwest side of Van Ness Avenue between Geary Boulevard, Post Street, and Franklin Street; Lots 005&006 in Assessor’s Block 0695 (District 5) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 608.11, to allow the use of the adjacent NC-3 District sign controls for the installation of three identifying wall signs on the new Sutter CPMC hospital building within a RC-4 (Residential-Commercial, High Density) Zoning District, Van Ness SUD, Van Ness Medical Use Subdistrict and 230-V 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

(Continued from Regular hearing of September 29, 2016)

(Proposed for Continuance to February 9, 2017)

 

3.             2016-005780CUA                                                                                            (A. PERRY: (415) 575-9017)

2227 POLK STREET - southwest corner of Polk Street and Bonita Street between Vallejo and Green Streets; Lot 006 in Assessor’s Block 0550 (District 3) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 723.41, to authorize a change of use from a Restaurant with a Type 47 ABC License to a Bar with a Type 48 ABC License (d.b.a. House Rules). The project is located in the Polk Street Neighborhood Commercial District (NCD) and a 65-A 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

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

 

4.             2016-011198CUA                                                                                           (S. ADINA: (415) 575- 8722)

1650 MISSION STREET, SUITE 101A - West side of Mission Street between South Van Ness Avenue Boulevard and Duboce Avenue; Lot 008 in Assessor’s Block 3512 (District 6) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 731.83, to allow a public use (D.B.A. Mayor’s Office for Economic and Workforce Development – Satellite Small Business Services) within a NCT-3 (Moderate Scale, Neighborhood Commercial Transit) Zoning District and 85-X height and Bulk District.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve with Conditions

 

5.             2016-004410CUA                                                                                    (W. FARRENS: (415) 575-9172)

1715 OCTAVIA STREET - southwest corner of Octavia and Pine Streets; Lot 054 in Assessor’s Block 0663 (District 5) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 209.1 to increase the enrollment cap for an existing private high school (Stuart Hall) from 210 to 250 students. The project does not propose any new construction or physical expansion of existing facilities. The subject property is 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 Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve with Conditions

 

C.         COMMISSION MATTERS

 

6.             Consideration of Adoption:

·         Draft Minutes for October 13, 2016

 

7.             Commission Comments/Questions

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

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

 

8.          2017 Hearing Schedule – Review and Adoption


D.         DEPARTMENT MATTERS

 

9.             Director’s Announcements

 

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

               

E.         GENERAL PUBLIC COMMENT – 15 MINUTES

 

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items.  With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting.  Each member of the public may address the Commission for up to three minutes.

 

F.            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.

                                                                                                                                                                               

11.                                                                                                                            (K.DISCHINGER: (415) 558-6284)

INCLUSIONARY HOUSING WORKING GROUP: PRELIMINARY REPORT SEPTEMBER 2016 -Informational Presentation, overview and update of the Office of the Controller preliminary findings, overview of preliminary recommendations, areas for further study, and next steps. 

Preliminary Recommendation: None – Informational

 

 

 

12.          2016-003658GEN                                                                                        (M. MOHAN: (415) 575-9141)

RESIDENTIAL EXPANSION THRESHOLD - Informational Presentation on the Department’s proposal to eliminate tantamount to demolition controls with a new “residential expansion review.” This threshold would identify proposed residential projects with policy issues which would necessitate review by the Planning Commission. For more information, please visit our website at http://sf-planning.org/residential-expansion-threshold.

Preliminary Recommendation:  None - Informational

 

13.          2016-008314CWP                                                                              (S. CALTAGIRONE: 415-558-6625)

FILIPINO CULTURAL HERITAGE DISTRICT - Informational Presentation by Planning Department staff regarding the Filipino Cultural Heritage District, also known as SoMa Pilipinas. In April 2016, the Board of Supervisors created the cultural heritage district to contribute to the sustainability, cultural visibility, vibrancy and economic opportunity for Filipinos and Filipino-Americans in the South of Market (SoMa) neighborhood (Resolution No. 119-16, File No. 151109). The Board’s resolution directed the Planning Department to work with the Soma Pilipinas Working Group to develop a strategic and implementation plan to set policies that promote community development and stabilization while increasing the visibility of the cultural district. Planning staff will report on the progress of the community planning process to date and will submit the SoMa Pilipinas Progress Report to the Commissioners at the hearing. Planning staff will present the Progress Report to the Planning Commission on October 27, 2016 and will submit the report for consideration to the Board of Supervisors on October 28, 2016. A completed SoMa Pilipinas Strategy and Implementation Plan is planned for publication in December 2016, at which time staff will schedule Historic Preservation, Planning Commission, and Board of Supervisor hearings to consider adoption of the policy document.

Preliminary Recommendation:  None - Informational

 

14.          2014-000362PRJ                                                                                            (T. CHANG: (415) 575-9197)

1500-1580 MISSION STREET - north side of Mission Street between 11th Street and South Van Ness Avenue; Lots 002 and 003 in Assessor’s Block 3506 (District 6) - Informational Presentation regarding the 1500 Mission Street Project (“Goodwill Site”), which proposes to demolish two existing buildings, currently occupied by Goodwill Industries and the new construction of: 1) a 16-story, 264-foot building containing City Offices and a consolidated permit center; and 2) a 400-foot tall, 39-story mixed-use building containing up to 560 dwelling units, 112 Below Market Rate Units and approximately 60,000 square-feet of retail space.

Preliminary Recommendation:  None - Informational

 

15a.        2014.0926GPA                                                                                             (T. CHANG: (415) 575-9197)

1270 MISSION STREET - north side of Mission Street, west of Laskie Street; Lots 020 and 021 in Assessor’s Block 3701 (District 6) - Request for General Plan Amendment to revise the height designation for Assessor’s Block 3701, Lots 20 and 21 on Map 5 of the Downtown Area Plan from 120-X to 200-X; adopting and making findings regarding the Mitigated Negative Declaration prepared in compliance with the California Environmental Quality Act; and making findings of consistency with the General Plan and eight priority policies of Planning Code Section 101.1. 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 a Recommendation for Approval

 

15b.        2014.0926PCAMAP                                                                              (T. CHANG: (415) 575-9197)

1270 MISSION STREET - north side of Mission Street, west of Laskie Street; Lots 020 and 021 in Assessor’s Block 3701 (District 6) - Request for Planning Code Amendment to add Section 249.15 creating the Mission and 9th Street Special Use District in the area generally bounded by Mission Street on the South, Laskie Street on the east, Assessor’s Block 3701, Lots 22, 23 and 24 on the west, and Assessor’s Block 3701, Lot 66 to the north; amending the Zoning Map Sheet SU07 to create the Mission and 9th Street Special Use District; amending Zoning Map Sheet HT07 to change the height limit on Assessor’s Block 3701, Lots 20 and 21, from 120-X to 200-X; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1

Preliminary Recommendation:  Adopt a Recommendation for Approval with Modifications

 

15c.        2014.0926DNX                                                                                          (T. CHANG: (415) 575-9197)

1270 MISSION STREET - north side of Mission Street, west of Laskie Street; Lots 020 and 021 in Assessor’s Block 3701 (District 6) - Request for Downtown Project Authorization pursuant to Planning Code Section 309, with exceptions to the requirements for “Rear Yard” (Section 134), "Reduction of Ground-Level Wind Currents in C-3 Districts" (Section 148). The project also requests Zoning Administrator consideration of Variance from Exposure requirements per Section 140. The Project includes the removal of an existing one-story retail space and at grade parking lot, and the new construction of a 21-story, 200-foot-tall mixed use building with 299 dwelling units, approximately 2,012 square-feet of ground-floor retail space, 76 off-street vehicular parking spaces and 200 Class 1 and 20 Class 2 bicycle parking spaces.

Preliminary Recommendation:  Approve with Conditions

 

15d.        2014.0926VAR                                                                                           (T. CHANG: (415) 575-9197)

1270 MISSION STREET - north side of Mission Street, west of Laskie Street; Lots 020 and 021 in Assessor’s Block 3701 (District 6) - Request for Variance from Exposure requirements per Section 140. The Project includes the removal of an existing one-story retail space and at grade parking lot, and the new construction of a 21-story, 200-foot-tall mixed use building with 299 dwelling units, approximately 2,012 square-feet of ground-floor retail space, 76 off-street vehicular parking spaces and 200 Class 1 and 20 Class 2 bicycle parking spaces.

 

16a.        2016-002754CUA                                                                                     (W. FARRENS: (415) 575-9172)

2379 CHESTNUT STREET - south side between Divisadero and Scott Streets; Lot 018C in Assessor’s Block 0936 (District 2) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 711.93, to establish an Outdoor Activity Area for use by the proposed Restaurant (dba Cultivar). The subject property is within a NC-2 (Neighborhood Commercial, Small Scale) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approval with Conditions

 

16b.        2016-002754VAR                                                                                      (W. FARRENS: (415) 575-9172)

2379 CHESTNUT STREET - south side between Divisadero and Scott Streets; Lot 018C in Assessor’s Block 0936 (District 2) - Request for Open Space Variance to eliminate the existing residential access to the rear yard of the subject property. The subject property is within a NC-2 (Neighborhood Commercial, Small Scale) Zoning District and 40-X Height and Bulk District.

 

17.          2014.0241ENV                                                                                            (R. SCHUETT: (415) 575-9030)

1028 MARKET STREET - north side of Market Street between Jones and Taylor streets; Assessor’s Block 0350 Lot 002 - Public Hearing on the Draft Environmental Impact Report.  The proposed project includes demolition of the existing two-story, 33,310-gross-square-foot (gsf) historic commercial building and construction of a 13-story, approximately 120-foot-tall, multi-family residential development, with a maximum of 186 residential units, 9,657 gsf of ground-floor retail/restaurant uses (four tenant spaces), and a one-level 15,556 gsf below-grade basement level parking garage for up to 40 parking spaces. The project site is located in the Downtown General Commercial (C-3-G) Zoning District and120-X Height and Bulk District, within the Downtown Plan area.

Note: Written comments will be accepted at the Planning Department until 5:00 p.m. on November 7, 2016.

Preliminary Recommendation: Approve with Conditions          

 

G.            DISCRETIONARY REVIEW CALENDAR 

 

The Commission Discretionary Review Hearing Procedures provide for presentations by staff; followed by the DR requestor team; followed by public comment opposed to the project; followed by the project sponsor team; followed by public comment in support of the project.  Please be advised that the DR requestor and project sponsor teams include: the DR requestor and sponsor or their designee, lawyers, architects, engineers, expediters, and/or other advisors.

 

18a.        2015-007313DRP-05                                                                                   (N. FOSTER: (415) 575-9167)

870-872 UNION STREET - north side of Union Street, between Taylor and Mason Streets, Lots 020, 085-087 in Assessor’s Block 0100 (District 3) - Request for Discretionary Review of Building Permit Application Nos. 2015.11.13.2622 & 2623, proposing: 1) a one-story vertical addition atop the existing 3-story residential structure fronting Union Street, and 2) the construction of a (new) 4-story residential structure fronting Aladdin Terrace. The subject lot is a through lot which allows for the development of a second residential structure on the lot. The new structure would encroach into the required rear yard by approximately 12'-3/4”; therefore, the project requires a variance for: 1) rear yard encroachment; dwelling unit exposure; and open space. The Project Site is located 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 Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

 

18b.        2015-007313VAR                                                                                          (N. FOSTER: (415) 575-9167)

870-872 UNION STREET - north side of Union Street, between Taylor and Mason Streets, Lots 020, 085-087 in Assessor’s Block 0100 (District 3) - Request for Variance from the Zoning Administrator for “Rear Yard” (Section 134); “Open Space” (Section135); and “Dwelling Unit Exposure” (Section 140). The subject lot is a through lot with one existing residential structure at the front (fronting Union Street), containing 3 dwelling units. The project proposes a vertical and horizontal addition to said front structure (adding a fourth floor), and construction a new, 4-story residential structure in the rear of the lot (fronting Aladdin Terrace), containing 1 dwelling unit. Section 134 of the Planning Code requires a minimum rear yard of approximately 32’-3/16” for the subject property. Because the subject lot is a through lot, the required rear yard shall be located in the central portion of the lot, between the two structures on such lot. The project proposes a new structure in the rear of the lot (fronting Aladdin Terrace) that would encroach into the required rear yard by approximately 12’-3/16”; therefore the project requires a variance. Section 135 of the Planning Code requires useable open space be provided for each dwelling unit according to standards set forth in the Code. Two of the four units (Units #1 and #2 in the front structure) do not provide useable open space meeting the requirements of the Code; therefore the project requires a variance. Section 140 of the Planning Code requires units to face directly on an open area as defined by Code. Two of the four units (Unit #1 in the front structure, and Unit #4 in the rear structure) do not face directly on an open area as defined by Code; therefore the project requires a variance. The Project Site is located within a RM-1 (Residential-Mixed, Low Density) Zoning District and 40-X Height and Bulk District.

 

19.          2015-011540DRP                                                                                        (S. JIMENEZ: (415) 575-9187)

4538 25th STREET - north side of 25th Street, between Homestead Street and Hoffman Avenue; Lot 016 in Assessor’s Block 6503 (District 8) - Request for Discretionary Review of Building Permit Application No. 2015.08.28.5504, proposing the construction of a two-story horizontal addition at the rear of the existing one-story over garage, single-family dwelling which 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 Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

 

H.            PUBLIC COMMENT

 

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items.  With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting with one exception.  When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Commission has closed the public hearing, your opportunity to address the Commission must be exercised during the Public Comment portion of the Calendar.  Each member of the public may address the Commission for up to three minutes.

 

The Brown Act forbids a commission from taking action or discussing any item not appearing on the posted agenda, including those items raised at public comment.  In response to public comment, the commission is limited to:

 

(1)  responding to statements made or questions posed by members of the public; or

(2)  requesting staff to report back on a matter at a subsequent meeting; or

(3)  directing staff to place the item on a future agenda.  (Government Code Section 54954.2(a))

 

Adjournment

Hearing Procedures

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

 

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

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

 

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

 

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

 

  1. A thorough description of the issue(s) by the Director or a member of the staff.

  2. A presentation of the proposal by the Project Sponsor(s) team (includes sponsor or their designee, lawyers, architects, engineers, expediters, and/or other advisors) would be for a period not to exceed 10 minutes, unless a written request for extension not to exceed a total presentation time of 15 minutes is received at least 72 hours in advance of the hearing, through the Commission Secretary, and granted by the President or Chair.

  3. A presentation of opposition to the proposal by organized opposition for a period not to exceed 10 minutes (or a period equal to that provided to the project sponsor team) with a minimum of three (3) speakers.  The intent of the 10 min block of time provided to organized opposition is to reduce the number of overall speakers who are part of the organized opposition.  The requestor should advise the group that the Commission would expect the organized presentation to represent their testimony, if granted.  Organized opposition will be recognized only upon written application at least 72 hours in advance of the hearing, through the Commission Secretary, the President or Chair.  Such application should identify the organization(s) and speakers.

  4. Public testimony from proponents of the proposal:  An individual may speak for a period not to exceed three (3) minutes.

  5. Public testimony from opponents of the proposal:  An individual may speak for a period not to exceed three (3) minutes.

  6. Director’s preliminary recommendation must be prepared in writing.

  7. Action by the Commission on the matter before it.

  8. In public hearings on Draft Environmental Impact Reports, all speakers will be limited to a period not to exceed three (3) minutes.

9.        The President (or Acting Chair) may impose time limits on appearances by members of the public and may otherwise exercise his or her discretion on procedures for the conduct of public hearings.

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

11.     A motion to approve; approve with conditions; approve with amendments and/or modifications; disapprove; or continue to another hearing date, if seconded, shall be voted on by the Commission.

 

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

 

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

 

1.        A thorough description of the issue by the Director or a member of the staff.

2.        A presentation by the DR Requestor(s) team (includes Requestor(s) or their designee, lawyers, architects, engineers, expediters, and/or other advisors) would be for a period not to exceed five (5) minutes for each requestor.

3.        Testimony by members of the public in support of the DR would be up to three (3) minutes each.

4.        A presentation by the Project Sponsor(s) team (includes Sponsor(s) or their designee, lawyers, architects, engineers, expediters, and/or other advisors) would be for a period up to five (5) minutes, but could be extended for a period not to exceed 10 minutes if there are multiple DR requestors.

5.        Testimony by members of the public in support of the project would be up to three (3) minutes each.

  1. DR requestor(s) or their designees are given two (2) minutes for rebuttal.

7.        Project sponsor(s) or their designees are given two (2) minutes for rebuttal.

8.        The President (or Acting Chair) may impose time limits on appearances by members of the public and may otherwise exercise his or her discretion on procedures for the conduct of public hearings.

 

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

 

Hearing Materials

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

 

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

 

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

 

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

 

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

 

Appeals

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

 

Case Type

Case Suffix

Appeal Period*

Appeal Body

Office Allocation

DNX (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

PUB (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

Permit Review in C-3 Districts, Downtown Residential Districts and Large Project Authorization in Eastern Neighborhoods

LPA (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.

 

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.