Planning Commission - April 16, 2015 - Agenda

Meeting Date: 
April 16, 2015 (All day)
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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, April 16, 2015

12:00 p.m.

Regular Meeting

 

Commissioners:

Rodney Fong, President

Cindy Wu, Vice President

Michael Antonini, Rich Hillis, Christine Johnson, Kathrin Moore, Dennis Richards

 

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:                      Cindy Wu

                                            Commissioners:                    Michael J. Antonini; Rich Hillis; Christine Johnson

                                                                                                Kathrin Moore; Dennis Richards

 

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.             2014.0956E                                                                                                        (S. SMITH: (415) 558-6373)

LITTLE YOSEMITE FISH PASSAGE PROJECT - The project site is located off of Camp Ohlone Road in unincorporated Alameda County, approximately 2.6 miles downstream of the Alameda Creek Diversion Dam and the Alameda Creek Diversion Tunnel - Appeal of Preliminary Mitigated Negative Declaration for: The San Fr`ancisco Public Utilities Commission’s (SFPUC) Little Yosemite Fish Passage Project. The proposed project would improve upstream passage conditions for adult anadromous steelhead (Oncorhynchus mykiss) along a 0.4-mile long reach of Alameda Creek referred to as Little Yosemite. Proposed improvements include constructing concrete weirs shaped like natural boulders or bedrock in three strategically located water features. Project implementation would provide compliance with requirements stipulated by the National Marine Fisheries Service for prior approval of the Calaveras Dam Replacement Project.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration             

(Continued from Regular Meeting of January 15, 2015)

                (Proposed for Continuance to August 6, 2015)

 

B.         COMMISSION MATTERS

 

2.             Consideration of Adoption:

·         Draft Minutes for March 26, 2015

·         Draft Minutes for April 2, 2015 – Rules Committee

·         Draft Minutes for April 2, 2015 – Regular Hearing

 

3.             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.


C.         DEPARTMENT MATTERS

 

4.             Director’s Announcements

 

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

 

6.             2014.0095I                                                                                                     (N. FOSTER: (415) 575-9167)

MULTIPLE PROPERTIES OWNED OR LEASED BY THE HEALTHRIGHT 360 LOCATED IN THE CITY AND COUNTY OF SAN FRANCISCO - Notification by the Zoning Administrator of the filing of an Institutional Master Plan (IMP) for the HealthRIGHT 360. Pursuant to Planning Code Section 304.5, the Planning Commission must hold a public hearing upon receiving a current IMP. This public hearing is for receipt of public testimony only. Receipt of this IMP does not constitute approval or disapproval of any proposed projects contained in the IMP by the Planning Commission.  The IMP contains information on the nature and history of the institution, the location and use of affiliated buildings, and institutions’ development plans. The IMP is available for viewing on the Planning Department’s website at: http://www.sfplanning.org, click on “Resource Center”, then “Department Publications A-Z”, then scroll to “I” for Institutional Master Plans. The IMP is also available for public viewing at the Planning Department’s Public Information Center located at 1660 Mission Street, 1st Floor, and at the Department’s reception area located at 1650 Mission Street, 4th Floor.

Preliminary Recommendation: None - Informational

 

                7.                                                                                                                                   (A. DESMUKE: (415) 575-9136)

2014 HOUSING INVENTORY - ANNOUNCING THE PUBLICATION OF THE 2014 HOUSING INVENTORY - This report is the 45th in the series and describes San Francisco’s housing supply.  Housing Inventory data accounts for new housing construction, demolitions, and alterations in a consistent format for analysis of housing production trends.  Net housing unit gains are reported citywide, by zoning classification, and by planning district.  Other areas covered include affordable housing production, condominium conversions, and changes to the residential hotel stock.  In addition, lists of major housing projects completed and approved for construction in 2014 are provided.  A list of affordable housing projects in the pipeline (projects in various stages of review or pre-construction planning) is included to provide a picture of likely housing construction activity in the near future.  Report is available for the public at the Planning Department and on the website.

Preliminary Recommendation: None - Informational

 

D.         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.

 

E.            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.

 

8.             2008.0586E                                                                                              (C. FORDHAM: (415) 575-9071)

ACADEMY OF ART UNIVERSITY PROJECT - Public Hearing on the Draft Environmental Impact Report - Academy of Art University (AAU) is a private postsecondary academic institution that occupies buildings throughout the City (predominantly in the northeast quadrant). AAU plans on expanding its facilities and programs to accommodate a projected on-site student enrollment of approximately 17,282 students and 3,511 faculty and staff by 2020, resulting in a total increase of approximately 6,100 students and 1,220 faculty and staff.  The Proposed Project consists of four general components: study area growth, project site growth, legalization of prior unauthorized changes, and shuttle service expansion. Study area growth consists of approximately 110,000 net square feet (sf) of additional residential uses (to house approximately 400 students, equivalent to about 220 rooms) and 669,670 sf of additional institutional space in 12 geographic areas (study areas) where AAU could occupy buildings to accommodate future growth. The study areas generally include the following areas: Study Area 1 (SA-1), Lombard Street/Divisadero Street; SA-2, Lombard Street/Van Ness Avenue; SA-3, Mid Van Ness Avenue; SA-4, Sutter Street/Mason Street; SA-5, Mid-Market Street; SA-6, Fourth Street/Howard Street; SA-7, Rincon Hill East; SA-8, Third Street/Bryant Street; SA-9, Second Street/Brannan Street; SA-10, Fifth Street/Brannan Street; SA-11, Sixth Street/Folsom Street; and SA-12, Ninth Street/Folsom Street. Project site growth consists of six additional sites that have been occupied, identified, or otherwise changed by AAU since publication of the September 2010 Notice of Preparation (NOP) for this EIR. The six project sites would include a total of 411,070 sf of institutional, bus storage, and recreational uses. The project sites include the following addresses: 2801 Leavenworth Street (The Cannery) (Assessor’s Block/Lot: 0010/001); 700 Montgomery Street (Assessor’s Block/Lot:0196/028); 625 Polk Street (Assessor’s Block/Lot:0742/002); 150 Hayes Street (Assessor’s Block/Lot:0811/022); 121 Wisconsin Street (Assessor’s Block/Lot:3953/004); and 2225 Jerrold Avenue (Assessor’s Block/Lot:5286A/020). The Proposed Project also includes extension of AAU’s shuttle service to serve growth in the study areas and at the project sites. The Proposed Project also includes legalization of changes in use and/or appearance undertaken without benefit of permits prior to issuance of the NOP at 28 of AAU’s 34 existing sites. The Proposed Project includes the occupation and use of existing buildings, as well as construction activities that would be limited to interior tenant improvements, exterior modifications such as signage, window replacements, and security system installation, and in limited circumstances, seismic upgrades. The six project sites and 28 of the existing sites would be subject to project approvals such as conditional use authorizations, building permits, text amendments to the Planning Code, and historic review for signage.

NOTE: Written comments will be accepted at the Planning Department until 5:00 p.m. on April 27, 2015.

Preliminary Recommendation: Review and Comment

 

9a.        2012.0678EIKUVX                                                                                        (E. WATTY: (415) 558-6620)

19-25 MASON STREET (AKA 2-16 TURK STREET) - northwest corner of Mason and Turk Streets; Lots 002, 005, 006 in Assessor’s Block 0340 - Request for Determination of Compliance 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), and “Off-Street Freight Loading” (Section 152.1). The proposed project would remove an existing surface parking lot and construct a new, 12-story-over-basement, 114,118 gsf, mixed-use building, with 155 dwelling units, 68 off-street parking spaces, and approximately 2,825 sf of ground-floor retail space.  The project site is located within the C-3-G (Downtown General) Zoning District and 120-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

 

9b.        2012.0678EIKUVX                                                                                        (E. WATTY: (415) 558-6620)

19-25 MASON STREET (AKA 2-16 TURK STREET) - northwest corner of Mason and Turk Streets; Lots 002, 005, 006 in Assessor’s Block 0340 - Request for a Variance, pursuant to Planning Code Section 140, for dwelling unit exposure for 63 of the 155 units. The proposed project would remove an existing surface parking lot and construct a new, 12-story-over-basement, 114,118 gsf, mixed-use building, with 155 dwelling units, 68 off-street parking spaces, and approximately 2,825 sf of ground-floor retail space.  The project site is located within the C-3-G (Downtown General) Zoning District and 120-X Height and Bulk District.  

 

10.          2013.0483C                                                                                     (M. BOUDREAUX:  (415) 575-9140)

44 WEST PORTAL AVENUE - cross streets Ulloa and Vicente Streets; Lot 005 in Assessor’s Block 2931 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 303.1, and 703.4 to allow establishment of a Formula Retail use (d.b.a. Quickly) at a permitted Limited Restaurant use, which is already operating in the space. This request seeks to abate Planning Enforcement case 12398 to legalize the use. Modified signage is proposed. No other work is planned. The site is within the West Portal Avenue NCD (Neighborhood Commercial) Zoning District, and 26-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:   Approve with Conditions

 

11.          2014.1328C                                                                                                 (E. JACKSON: (415) 558-6363)

1218 SOUTH VAN NESS AVENUE - west side between 23rd and 24th Streets; Lot 067 in Assessor’s Block 3642 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.4 and 303, to establish a new private elementary school and child-care facility (d.b.a. SF Tikes Academy) for up to 100 students within an RTO-M (Residential Transit Oriented – Mission Zoning District) and 50-X Height and Bulk District.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Approve with Conditions

 

F.            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.

 

12a.        2014.1418DRPV                                                                                              (A. KIRBY: (415) 575-9133)

330 2ND AVENUE - east side between Clement Street and Geary Boulevard; Lots 062 - 064 in Assessor’s Block 1433 - Request for Discretionary Review of Building Permit Application No. 2014.04.30.4584, proposing to reconfigure the existing exterior staircase from the third story to the fourth story at the rear of the four-story, 4-unit building located within a RM-1 (Residential – Mixed, Low Density) District, 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

 

12b.        2014.1418DRPV                                                                                                 (A. KIRBY: (415) 575-9133)

330 2ND AVENUE - east side between Clement Street and Geary Boulevard; Lots 062 - 064 in Assessor’s Block 1433 - Request for a Rear Yard Variance, pursuant to Planning Code Section 134 to reconfigure the existing exterior staircase from the third story to the fourth story at the rear of the four-story, 4-unit building located within a RM-1 (Residential – Mixed, Low Density) District, 40-X Height and Bulk District.

 

13a.        2014.0727DRPV                                                                                             (A. PERRY: (415) 575-9017)

3643-3645 19TH  STREET - south side of 19th Street between Oakwood and Guerrero Streets; Lot 069 in Assessor’s Block 3598 – Request for Discretionary Review of Building Permit Application 2013.06.18.9882 proposing to convert a two-story, two-unit building into a four-story, three-unit building that is located partially within the required rear yard, within a RH-3 (Residential House, Three-Family), 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: Do Not Take DR and Approve

13b.        2014.0727DRPV                                                                                             (A. PERRY: (415) 575-9017)

3643-3645 19TH  STREET - south side of 19th Street between Oakwood and Guerrero Streets; Lot 069 in Assessor’s Block 3598 - Request for Variance from Planning Code Section 134 for the construction of a building addition located in the required rear yard. The project is located within a RH-3 (Residential House, Three-Family), 40-X Height and Bulk District.   

    

14.          2014.1253DDRP                                                                                              (E. TUFFY: (415) 575-9191)

276 HARTFORD STREET - west side of Hartford Street between 19th and 20th Streets; Lot 021 in Assessor’s Block 6505 - Mandatory Discretionary Review, pursuant to Planning Code Section 317, to legalize the present single-family use as part of a residential expansion proposal.  The proposal includes rehabilitation of the building interior, raising the existing front gable roof structure 1 foot in height, and increasing the overall building depth through a three-story rear horizontal addition. The existing structure is two-stories over a crawlspace, originally built as a two-family dwelling, located within a RH-3 (Residential, Home, 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.

Preliminary Recommendation:  Take Discretionary Review and Disapprove

(Continued from Regular Meeting of March 5, 2015)

 

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

B

15 calendar days

Board of Appeals**

Conditional Use Authorization and Planned Unit Development

C

30 calendar days

Board of Supervisors

Building Permit Application (Discretionary Review)

D

15 calendar days

Board of Appeals

EIR Certification

E

30 calendar days

Board of Supervisors

Coastal Zone Permit

P

15 calendar days

Board of Appeals

Planning Code Amendments by Application

T

30 calendar days

Board of Supervisors

Variance (Zoning Administrator action)

V

10 calendar days

Board of Appeals

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

X

15 calendar days

Board of Appeals

Zoning Map Change by Application

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.