Planning Commission - October 6, 2016 - Agenda

Meeting Date: 
October 6, 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 6, 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.          2012.1409DRP                                                                                                (T. CHANG: (415) 575-9197)

799 CASTRO STREET - east side of Castro Street at 21st Street; Lot 024 in Assessor’s Block 3603 (District 8) - Request for Discretionary Review of Building Permit Application No. 2014.0919.6883 proposing the change of use of an existing one-story commercial structure to a four-story single-family dwelling unit. The project also proposes a lot subdivision, resulting in two separate lots; the front lot containing a single family dwelling unit and the rear lot containing the existing two-unit residential structure.  The property is within a RH-2 (Residential, House, Two-Family) Zoning and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve as Proposed

                                (Continued from Regular Meeting of May 12, 2016, and July 14, 2016)

                                (Proposed for Continuance to November 10, 2016)

 

1b.          2008.0410V                                                                                                      (T. CHANG: (415) 575-9197)

799 CASTRO STREET - east side of Castro Street at 21st Street; Lot 024 in Assessor’s Block 3603 (District 8) - Request for Variance pursuant to Planning Code Section 121 for establishing a lot smaller than the minimum lot size; 132 for providing a front setback less than required; and 134 for providing a rear yard less than 45 percent of lot depth.  The property is within a RH-2 (Residential, House, Two-Family) Zoning and 40-X Height and Bulk District.

(Continued from Regular Meeting of May 12, 2016 and July 14, 2016)

(Proposed for Continuance to November 10, 2016)

 

2.             2012.0107C                                                                                      (C. CAMPBELL: (415) 575-575-8732)

460 TOWNSEND STREET - north side of Townsend Street between 5th and 6th Streets; Lot 023 in Assessor’s Block 3785 (District 6) – Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 845.32; for the conversion from Production, Distribution, and Repair (PDR) to an Educational Services use by the Academy of Art University. The project proposes to legalize the conversion from industrial/wholesale to educational services for classrooms, studios, student and faculty lounges within a WSoMa Mixed-Use Office (WMUO) Zoning District, the Western SoMa Special Use District, and 85-X Height and Bulk District.

Preliminary Recommendation: Pending

(Proposed for Continuance to November 17, 2016)

 

3.             2012.0720C                                                                                                       (S. ADINA: (415) 575-8722)

466 TOWNSEND STREET –north side Townsend Street between 5th and 6th Streets; Lot 005 in Assessor’s Block 3785 (District 6) – Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 845.32, for the conversion from Production, Distribution and Repair (PDR) to an Educational Services use by the Academy of Art University. This project proposes to legalize the conversion from a Data/Telecommunications facility to educational services for classrooms, labs/art studios, an art store, and student and faculty lounges within a WSoMa Mixed-Use Office (WMUO) Zoning District, the Western SoMa Special Use District, and 85-X Height and Bulk District.

                                Preliminary Recommendation: Pending

            (Proposed for Continuance to November 17, 2016)

 

4.             2014.1183CUA                                                                                                   (C. MAY: (415) 575-9087)

2444 LOMBARD STREET - located on the north side of Lombard Street between Divisadero and Scott Streets and on the east side of Divisadero Street between Lombard and Chestnut Streets, Lot 014 in Assessor’s Block 0936 (District 2) – Request for Conditional Use Authorization, pursuant to Planning Code Sections 121.1, 303 and 304, to allow a Planned Unit Development (PUD) for the demolition of the existing one-story commercial building and the construction of a four-story mixed-use building with 41 dwelling units above approximately 2,500 square feet of ground floor retail space within a NC-3 (Neighborhood Commercial, Moderate Scale) Zoning District and 40-X Height and Bulk District. The PUD process would allow for modifications to the rear yard and dwelling unit exposure requirements of Planning Code Sections 134 and 140. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation:  Pending

(Proposed for Indefinite Continuance)

 

B.         CONSENT CALENDAR

 

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

 

5.             2016-007216CUA                                                                                            (A. PERRY: (415) 575-9017)

1116 POLK STREET – located on the east side of Polk Street between Post and Hemlock Streets, Lot 012 in Assessor’s Block 0692 (District 3) – Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 723.27 to allow  an extension to the hours of operation until 4 a.m. daily, for an existing Limited Restaurant (d.b.a. Mustafio’s Pizza). No other changes are proposed. The subject property is located in the Polk Street Neighborhood Commercial District (NCD), the Lower Polk Street Alcohol Restricted Use District, and 130-E Height and Bulk District. The Project is not subject to the California Environmental Quality Act (CEQA) as the extension of hours is not considered a project under CEQA.

                                Preliminary Recommendation: Approve with Conditions

                                (Continued from Regular Meeting of September 29, 2016)

 

C.         COMMISSION MATTERS

 

6.             Consideration of Adoption:

·         Draft Minutes for September 22, 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.

 

D.         DEPARTMENT MATTERS

 

8.             Director’s Announcements

 

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

               

E.         GENERAL PUBLIC COMMENT – 15 MINUTES

 

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

 

F.            REGULAR CALENDAR 

 

The Commission Hearing Procedures provide for presentations by staff; followed by the project sponsor team; followed by public comment for and against the proposal.  Please be advised that the project sponsor team includes: the sponsor(s) or their designee, lawyers, architects, engineers, expediters, and/or other advisors.

 

10.          2015-009690CWP                                                                                      (M. SNYDER: (415) 575-6891)

EXECUTIVE PARK BACKGROUND AND THE STREETSCAPE MASTER PLAN Informational Presentation on background to Executive Park and on the Executive Park Streetscape Master Plan. The Executive Park Subarea Plan Area is located in the southeastern part of San Francisco, just east of U.S. Highway 101 and along the San Francisco/San Mateo County border. It is generally bounded by Highway 101 to its west, Bayview Hill to its North, Jamestown Avenue  to its east (but not those lots fronting on Jamestown), and Harney Way to its south.   Parcels that would be regulated by the Streetscape Master Plan are bordered by Executive Park Boulevards West, North, and East on the west, north, and east respectively and Harney Way on the south and include Assessor’s Block and Lots 4991 / 074, 075, 085, and 086 (the existing office park portion of the site). The presentation will provide information on (1)  the regulatory structure of Executive Park as approved in 2011, of which the project at 5 Thomas Mellon (2015-009690CUADNX) is subject; and (2) the Executive Park Streetscape Master Plan, which is required to have an informational presentation before the Commission prior to the first entitlement under the Executive Park Plan.   

Preliminary Recommendation: None - Informational

 

11.          2015-017206GPA                                                                                        (M. MOHAN: (415) 575-9141)

COMMERCE AND INDUSTRY ELEMENT - Adopt General Plan Amendments to the Commerce and Industry Element updating the guidelines regarding over-concentration of Eating and Drinking Establishments in a single area; 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

 

12.        2014.0926GPA                                                                                                (T. CHANG: (415) 575-9197)

THE MISSION / 9TH STREET AFFORDABLE HOUSING SPECIAL USE DISTRICT - Located on the north side of Mission Street, east of Laskie Street, Lots 020 and 021 in Assessor’s Block 3701 (District 6) - Consideration of a Resolution of Intent to Initiate an amendment to the General Plan pursuant to Planning Code Section 304 to amend Map 5 (Height and Bulk Map) of the Downtown Area Plan. The amendment would reflect the proposed height associated with the project within the proposed Mission / 9th Street Affordable Housing Special Use District.

Preliminary Recommendation: Initiate

 

13.          2016-000388CUA                                                                                             (C. GROB: (415) 575-9138)

1526 POWELL STREET - located on the east side of Powell Street between Vallejo Street and Green Street (aka Beach Blanket Babylon Boulevard), Lot 025 in Assessor’s Block 0130 (District 3) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 722.21, 722.24, 722.44 and 780.3 to establish a Restaurant use in the North Beach NCD, to establish a use between 2,000 and 3,999 square feet, and to operate an Outdoor Activity Area. The project proposes a change of use from light industrial (d.b.a. Delucchi Sheet Metal) to a 3,989 square foot restaurant with accessory brewing and an ABC License Type 75. The proposed restaurant would occupy the ground floor and existing mezzanine, and the industrial use would remain at the basement level and second floor. Alterations to the building include interior tenant improvements and the replacement of a non-original roll-up door on the front façade. The subject property is located in the North Beach NC (Neighborhood Commercial) Zoning District, the North Beach Special Use 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

 

14a.       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), street frontage (Section 145.1) and off-street parking (Section 151). 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

 

14b.       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 Parking 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

 

15a.        2015-009928SHD                                                                                      (E. JARDINES: (415) 575-9144)
75 ARKANSAS STREET - located at the northeast corner of Arkansas and 17th Street; Lot 001B in Assessor’s Block 3952 - Request for Adoption of Findings, pursuant to Planning Code Section 295, regarding the shadow study that concluded the new construction of a four-story mixed-use building (approximately 64,339 gsf), approximately 48 feet in height with 30 dwelling units (student housing) would not be adverse to the use of Jackson Playground, which is under the jurisdiction of the San Francisco Recreation and Park Commission. The subject property is located within the UMU (Urban Mixed-Use Zoning District) and 48-X Height and Bulk District in the Showplace Square/Potrero Hill Area Plan.
Preliminary Recommendation:  Adopt Findings

 

                15b.        2015-009928ENX                                                                                     (E. JARDINES:  (415) 575-9144)

75 ARKANSAS STREET - located on the northeast of Arkansas and 17th Street, Lot 001B in Assessor’s Block 3952 (District 10) - Request for Large Project Authorization, pursuant to Planning Code Section 329, for demolition of an existing warehouse and new construction of a four-story mixed-use building (measuring approximately 64,339 gross square feet), 48 feet tall (exclusive of elevator and stair penthouses), with 30 dwelling units (student housing), 4 commercial units and a ground floor multipurpose room, 80 Class 1 bicycle parking spaces, and 14 Class 2 bicycle parking spaces. The project includes common open space, sidewalk widening, bulb-out and associated landscaping. Under the Large Project Authorization, the project is seeking an exception to certain Planning Code requirements including: 1) rear yard (Planning Code 134). The subject property is located within the UMU (Urban Mixed Use) Zoning District and a 48-X Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve with Conditions

 

16.          2015-013617CUA                                                                                          (B. BENDIX: (415) 575-9114)

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

Preliminary Recommendation:  Approve with Conditions

(Continued from Regular hearing of September 29, 2016)

 

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.

 

17.          2015-003768DRP-02                                                                                   (B. BENDIX: (415) 575-9114)

2462 FILBERT STREET - north side between Scott and Pierce Streets; Lot 009B in Assessor’s Block 0513 (District 2) - Requests for Discretionary Review of Building Permit Application No. 2015.03.25.1848, proposing construction of a three-story rear addition, interior alterations, the addition of a rooftop elevator penthouse, and legalization of a roof deck above a three-story single-family house within a RH-1 (Residential, House, Single-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Staff Analysis: Abbreviated Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of September 15, 2016)

 

                18a.        2015-002632DRP                                                                                            (J. SPEIRS: (415) 575-9106)

1152 POTRERO AVENUE - west side of Potrero Avenue, south of 23rd Street, north of 24th Street; Lot 011 in Assessor’s Block 4211 (District 9) - Request for Discretionary Review of Building Permit Application No. 2015.02.24.9220, proposing the addition of two dwelling units with vertical and horizontal additions to an existing one-unit residential building within a RH-3 (Residential - House, Three-Family) Zoning District and 55-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

        (Continued from Regular Meeting of June 30, 2016)           

 

18b.      2015-002632VAR-02                                                                                      (J. SPEIRS: (415) 575-9106)

1152 POTRERO AVENUE - west side of Potrero Avenue, south of 23rd Street, north of 24th Street; Lot 011 in Assessor’s Block 4211 (District 9) - Request for Variances pursuant to Planning Code Sections 132 to construct within the required front setback. The Project includes the addition of two dwelling units with vertical and horizontal additions to an existing one-unit residential building within a RH-3 (Residential - House, Three-Family) Zoning District and 55-X Height and Bulk District.

                        (Continued from Regular Meeting of June 30, 2016)

 

                19.          2015-006150DRP-02                                                                                       (A. PERRY: (415 575-9017)

1865 STOCKTON STREET- located on the west side of Stockton Street between Lombard and Greenwich Streets, Lot 002 in Assessor’s Block 0076 (District 3) - Requests for Discretionary Review of Building Permit Application No. 2015.04.21.4175, proposing construction of a 3-story horizontal addition at the rear of the existing 3-story building, as well as construction of a new 4th floor vertical addition with roof deck above, while maintaining the existing unit count of the building at two dwelling units, within the 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: 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.