Planning Commission - September 8, 2016 - Agenda

Meeting Date: 
September 8, 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, September 8, 2016

12:00 p.m.

Regular Meeting

 

Commissioners:

Rodney Fong, President

Dennis Richards, Vice President

Rich Hillis, Christine Johnson, 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; Kathrin Moore

 

A.            CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

 

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

 

1.             2015-003067CUA                                                                                        (J. DISALVO: (415) 575-9182)

                144 CASHMERE STREET - north of Dedman Court, east of Innes Avenue, and southwest of Hudson Avenue; Lot 084 of Assessor’s Block 4710 (District 10) – Request for a Conditional Use Authorization-Planned Unit Development pursuant to Planning Code Sections 303 and 304, to establish a new property management office and modify the amount of public open space (Planning Code Section 135) and the required rear yard (Planning Code Section 134) previously approved by the San Francisco Redevelopment Agency. The proposal includes construction of a new one-story office building with approximately 900 square feet for the property management office (d.b.a. Ridge Point Non-Profit Housing Corporation) to serve the residents of the Ridgeview Terrace and the Jackie Robinson Apartments, which were developed under the San Francisco Redevelopment Agency. The project would reduce the amount of public open space from 107,160 square feet to 105,500 square feet. The project is located in RH-2 (Residential House Two Family) and RH-1 (Residential House One Family) Zoning Districts 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

(Proposed for Continuance to September 29, 2016)

 

2.             2013.1049E                                                                                                           (M. HUE: (415) 575-9041)

950-974 MARKET STREET - located on a site bounded by Turk Street to the north, Market Street to the south, and Taylor Street to the west; Lots 001, 002, 004, 014 of Assessor’s Block 0342 - Appeal of Preliminary Mitigated Negative Declaration for the demolition of an existing surface parking lot over a below-grade parking structure and four two- to three-story commercial buildings that are vacant or partially occupied with retail and office uses (all constructed circa early 1900s), and construction of a 120-foot-tall, 12-story, mixed-use building containing 242 dwelling units, a 232-room hotel, approximately 16,600 square feet of retail space, and 82 off-street vehicle parking spaces accessed via Taylor Street, and a new passenger loading zone along Turk Street. The project site is in the C-3-G (Downtown General Commercial) Use District and 120-X Height and Bulk District.

(Proposed for Continuance to October 13, 2016)

 

3.             2016-005713CUA                                                                                (C. ALEXANDER:  (415) 575-8724)

224 TOWNSEND ST - northwest side of Townsend Street between Clyde Street and Ritch Street; Lot 013 in Assessor’s Block 3787 (District 6) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 817.30, to establish the permanent status of an existing temporary public parking garage use within the SLI (SOMA Service-Light Industrial) Zoning District and 65-X Height and Bulk District. 

(Proposed for Continuance to November 10, 2016)

 

4.             2015-003919DRP_02                                                                                  (V. FLORES: (415) 575-9173)

240 CHENERY STREET - north side of Chenery Street between Romain and 21st Streets; Lot 006A in Assessor’s Block 6685 (District 8) - Request for Discretionary Review of Building Permit Application Nos. 2015.04.15.3735 and 2015.04.15.3737. The proposal includes new construction of a four-story single-family residence in the front portion of the lot. Additionally, the proposal includes the repair and horizontal addition to an existing non-complying three-story single-family residence at the rear of the lot within the required rear yard. The site is within a RH-2 (Residential – House, Two Family) Zoning District and a 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

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

 

5.          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. 

Preliminary Recommendation:  Approve with Conditions

6.             2014-003111CUA                                                                                        (J. DISALVO: (415) 575-9182)

388 BEALE STREET - south side of Beale Street, at the intersection of Beale and Harrison Streets; Lot 092 of Assessor’s Block 3747 (District 6) – Request for a Conditional Use Authorization pursuant to Planning Code Sections 157.1, 303 and 827.37 to establish a new Community Commercial Automobile Parking Garage (defined in Planning Code Section 890.10). The proposal would convert 40 off-street parking spaces (out of the total 324 existing accessory residential parking spaces) to a Community Commercial Automobile Parking Garage use, and would add new bicycle parking spaces.  No expansion to existing facilities or other physical changes are proposed. The project is located in the RH-DTR (Rincon Hill Downtown Residential) Zoning District and an 85/200-R 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

 

7.             Consideration of Adoption:

·         Draft Minutes for August 4, 2016

·         Draft Minutes for August 11, 2016

 

8.             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

 

9.             Director’s Announcements

 

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

 

11.          2016-003404IMP                                                                                            (A. PERRY: (415) 575-9017)

180 SANSOME STREET -  southeast corner of Sansome and Pine Streets, Lot 016 in Assessor’s Block 0267 (District 3) - Abbreviated Institutional Master Plan (IMP), pursuant to Planning Code Section 304.5. The Groupe INSEEC’s Abbreviated IMP contains information on the nature and history of the institution, the location and use of affiliated buildings, and development plans.

Preliminary Recommendation:  None – Informational

 

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.          2015-000333CWP                                                                                          (K. CHENG: (415) 575-9094)

MARKET STREET PROTOTYPING FESTIVAL - An Informational Presentation on the status of the upcoming Market Street Prototyping Festival which will be held October 6-8.  The Market Street Prototyping Festival engages citizens and creative makers from diverse neighborhoods, backgrounds and communities, to make Market Street a more vibrant destination through hands-on prototyping. For more information, please visit our website at http://marketstreetprototyping.org/. This is an informational item only, no action is necessary.

Preliminary Recommendation: None – Informational

 

13.          2015-014314MAP                                                                                           (A. STARR: (415) 558-6362)

1493-1497 POTRERO AVENUE -  Planning Code and Zoning Map Amendments to correct an error in Section Map HT08 of the Zoning Map to rezone the Height and Bulk Designation for 1493-1497 Potrero Avenue, Block 4277, Lot 16, from OS (Open Space) to 55-X, as a result of the Eastern Neighborhoods Rezoning.

Preliminary Recommendation: Adopt a Recommendation for Approval with Modifications

(Continued from Regular Meeting of July 28, 2016)                                                 

 

14.          2016-006593PCA                                                                                         (M. MOHAN: (415) 575-9141)

STUDENT HOUSING EXEMPTION FROM INCLUSIONARY HOUSING REQUIREMENTS - Planning Code Amendment to change the requirement from five to two years that Student Housing be owned or leased by an educational institution to be exempt from the lnclusionary Housing Program; affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of public necessity, convenience, and welfare under Planning Code, Section 302, and of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1.

Preliminary Recommendation: Adopt a Recommendation for Approval

 

15.          2015-009850PCA                                                                                      (D. SANCHEZ: (415) 575-9082)

OFF-STREET PARKING AND LOADING REQUIREMENTS - Planning Code Amendment to clarify and consolidate language, delete redundancies and outdate provisions, correct typographical errors and erroneous cross-reference, and make minor substantive changes to update provisions in various sections that deal with parking and loading requirements; affirming the Planning Department’s California Environmental Quality Act Determination; making findings of consistency with the General Plan and the Eight Priority Policies of Planning Code Section 101.1; and adopting findings of convenience, necessity, and welfare under Planning Code Section 302.

Preliminary Recommendation: Adopt a Recommendation for Approval

 

16a.        2014.1063DNX                                                                                             (C. ASBAGH: (415) 575-9165)

633 FOLSOM STREET - south side of Folsom Street, at the intersection of Folsom and Hawthorne Streets; lot 079 of Assessor’s Block 3750 (District 6) - Request for a Downtown Project Authorization per Planning Code Section 309, including requests for exceptions to the bulk requirements in the 200-S Height and Bulk District (Section 270), ground-Level wind current requirements in C-3 Districts (Section 148), and off-street loading space requirements (Section 152.1). The proposal would construct a four-story, 92,244 square foot addition to the existing, seven-story 174,693 square foot office building. In addition the proposal would re-clad the existing façade with a new metal and glass curtain wall system, reconfigure the ground floor to move and expand the retail space and construct a new corner lobby. The result will be an 11-story, 160-foot tall building with 264,672 square feet of office space and 5,000 square feet of ground floor retail space. The project site is located in the Downtown Commercial, Support (C-3-S) Zoning District and 200-S 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

 

16b.        2014.1063OFA                                                                                              (C. ASBAGH: (415) 575-9165)

633 FOLSOM STREET - south side of Folsom Street, at the intersection of Folsom and Hawthorne Streets; lot 079 of Assessor’s Block 3750 (District 6) - Request for an Office Development Authorization pursuant to Planning Code Sections 321 and 322 to construct a four-story addition and to authorize up to 89,979 square feet from the Office Development Annual Limit. The proposal would construct a four-story, 92,244 square foot addition to the existing, seven-story 174,693 square foot office building. In addition the proposal would re-clad the existing façade with a new metal and glass curtain wall system, reconfigure the ground floor to move and expand the retail space and construct a new corner lobby. The result will be an 11-story, 160-foot tall building with 264,672 square feet of office space and 5,000 square feet of ground floor retail space. The project is located within the Downtown Commercial, Support (C-3-S) Zoning District and 200-S Height and Bulk District.

Preliminary Recommendation:  Approve with Conditions

 

17.          2015-000904CUA                                                                                      (t. kennedy: (415) 575-9125)

2201 MARKET STREET -  south side of Market Street and Sanchez Street, located in the Castro District, Lot 001 in Assessor’s Block 3559 (District 8) - Request for Conditional Use Authorization to legalize a Business or Professional Service (Catarra Real Estate) pursuant Planning Code Sections 303, 733.53 and 790.108.  This case is an open Zoning Violation.  The Zoning Classification of the subject site is the Upper Market Neighborhood Commercial Transit (NCT) with a Height and Bulk District of 60/65-X.  This use will occupy an existing tenant space on the ground level and is 3,788.   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:  Disapprove

 

18.          2015-003919VAR                                                                                          (V. FLORES: (415) 575-9173)

240 CHENERY STREET - north side of Chenery Street between Romain and 21st Streets; Lot 006A in Assessor’s Block 6685 (District 8) - Request for a Rear Yard Variance from rear yard requirements for the repair and horizontal addition to an existing non-complying three-story single-family residence at the rear of the lot within the required rear yard. The site is within a RH-2 (Residential – House, Two Family) Zoning District and a 40-X Height and Bulk District. 

NOTE: The related Discretionary Review applications have been withdrawn.

 

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.

 

 

 

19.          2015-009821DRP                                                                                          (V. FLORES: (415) 575-9173)

139 GRAND VIEW AVENUE - east side of Grand View Avenue between Romain and 21st Streets; Lot 023B in Assessor’s Block 2753 (District 8) - Request for Discretionary Review of Building Permit Application No. 2015.08.21.5004 proposing a vertical and horizontal addition to an existing single family residence. The proposal also includes a subterranean addition to create a new basement level. Additionally, the proposal includes new rear decks, a front terrace on the top level, and façade alterations. The addition will add approximately 1,786 square feet of floor area to the existing 2,415 square feet, for a total of approximately 4,201 square feet. The site 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 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

 

20a.        2015-001277drp                                                                                      (t. kennedy: (415) 575-9125)

3772 20th street - north side between Dolores Street and Guerrero Street; Lot 138-141 in Assessor’s Block 3598 (District 8) - Request for Discretionary Review of Building Permit Application No. 2015.06.16.9131, proposing to replace and modify an existing rear stair way and construct a roof deck over an existing garage in the rear yard of an existing four-unit residential building within a 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 Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

 

20b.        2015-001277VAR                                                                                      (t. kennedy: (415) 575-9125)

3772 20th street  -  north side between Dolores Street and Guerrero Street; Lot 138-141 in Assessor’s Block 3598 (District 8) - Request for Rear Yard Variance from the rear yard requirements, proposing to replace and modify an existing rear stair way and construct a roof deck over an existing garage in the rear yard of an existing four-unit residential building within a RH-3 (Residential House, Three-Family) Zoning District and 40-X Height and Bulk District.

 

21.          2015-006479DRP                                                                                   (E. SAMONSKY: (415) 575-9112)

636 VERMONT STREET - west side of Vermont Street between 18th and 19th Streets; Lot 001J in Assessor’s Block 4028 (District 10) - Request for Discretionary Review of Building Permit Application No. 2015.0630.0373 proposing construction of a two-story horizontal rear addition and a two-story vertical addition over an existing two-story single family home. The project includes a roof deck at the third and fourth floors. The site is within a 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 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

 

 

 

G.            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.