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.

 

1a.          2013.1521DDV                                                                                                (T. CHANG: (415) 575-9197)

22 ORD COURT - north side of Ord Court; Lot 067 in Assessor’s Block 2619 - Request for Discretionary Review of 1) Building Permit Application 2013.1021.9832 proposing the vertical addition of an existing 3-story single-family-home, adding a 4^th story and, 2) of Building Permit Application 2013.1021.9817 proposing the new construction of a 4-story single-family home in the required rear yard. The project is located within a RH-2 (Residential, Home, 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.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of June 25, 2015)

(Proposed for Continuance to September 24, 2015)

 

1b.         2013.1521DDV                                                                                               (T. CHANG: (415) 575-9197)

22 ORD COURT -  north side of Ord Court; Lot 067 in Assessor’s Block 2619 - Request for Variance from Planning Code Section 134 for the new construction of the single-family home in the required rear yard. The project is located within a RH-2 (Residential, Home, two-Family) Zoning District and 40-X Height and Bulk District.

(Continued from Regular Meeting of June 25, 2015)

(Proposed for Continuance to September 24, 2015)

 

2a.          2013.1522DDV                                                                                                (T. CHANG: (415) 575-9197)

24 ORD COURT  - north side of Ord Court; Lot 066 in Assessor’s Block 2619  - Request for Discretionary Review of Building Permit Application 2013.1021.9830 proposing the new construction of a 3-story single-family home in the required rear yard. The project is located within a RH-2 (Residential, Home, 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.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of June 25, 2015)

(Proposed for Continuance to September 24, 2015)

 

2b.         2013.1522DDV                                                                                               (T. CHANG: (415) 575-9197)

24 ORD COURT  - north side of Ord Court; Lot 066 in Assessor’s Block 2619  - Request for Variance from Planning Code Section 134 for the new construction of the single-family home in the required rear yard. The project is located within a RH-2 (Residential, Home, two-Family) Zoning District and 40-X Height and Bulk District.

(Continued from Regular Meeting of June 25, 2015)

(Proposed for Continuance to September 24, 2015)

 

3.             2015-000184CUA                                                                           (M. BOUDREAUX: (415) 575-9140)

29-31 HATTE STREET – east side of Hattie Street between Market Street and Corbett Avenue; Lot 022 in Assessor’s Block 2657 – Request for Conditional Use Authorization, pursuant to Planning Code Section 303 and Interim Zoning Controls for Large Residential Projects pursuant to Resolution No. 76-15, to allow lot development greater than 55%. The project includes vertical and horizontal addition to an existing two-story-over-garage two-unit building, with lot coverage exceeding 55%. Two units will remain, and square footage expansion is from 3,400sf to 4,500sf. The property is within a RH-2 (Residential, House, Two-Family) Zoning District, and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve with Conditions

(Proposed for Continuance to October 22, 2015)

 

B.         CONSENT CALENDAR

 

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

 

4.             2015-000060CUA                                                                                       (A. PERRY: (415) 575-9017)

327 CAPITOL AVENUE - west side of Capitol Ave. between Broad and Farallones Streets; Lot 052 in Assessor’s Block 7106 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 209.1, 710.81, and 790.50 to establish a Large Institution Child Care Facility (d.b.a. Little Bear School) for a maximum of 70 pre-school age children at the first and second floors of a former religious facility. The project is located within a Neighborhood Commercial Cluster Zoning District (NC-1), a Residential House, One-Family District (RH-1), 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:  Approve with Conditions

                (Continued from Regular Meeting of July 9, 2015)

 

5.             2014-001356CUA                                                                                        (J. DISALVO: (415) 575-9182)

3215 CESAR CHAVEZ STREET - located on the southern side of Cesar Chavez Street, on the southeast corner of the intersection with Shotwell Street, Lot 008 in Assessor’s Block 5502 - Request for a Conditional Use Authorization - pursuant to Planning Code Sections 209.1 and 303 to establish a new child care facility (d.b.a The Crayon Box Preschool) for up to 80 children within the existing ground floor space, previously occupied by religious administrative services. The project will add four Class 1 and four Class 2 bicycle parking spaces. Planning Code Section 209.1 requires a Conditional Use Authorization in order to establish a child care facility for 15 or more children. The subject property is within a RH-3 (Three-Family Residential) Zoning District and 40-X Height and Bulk District. No building expansion is proposed. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation:  Approve with Conditions

 

C.         COMMISSION MATTERS

 

6.             Consideration of Adoption:

·         Draft Minutes for July 23, 2015

 

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.          2015-005859PCA                                                                                            (A. STARR: (415) 558-6362)

TECHNICAL AMENDMENTS AND CORRECTIONS [BOARD FILE TBD] - Planning Code Amendment to correct errors, reenact previously-existing language for large lots and dwelling unit density calculation that was repealed in error, update the Code, and make non-substantive language revisions to simplify and clarify text; 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

 

11.          2007.0347E                                                                                                     (D. DWYER: (415) 575-9031)

SECOND STREET IMPROVEMENT PROJECT, SUPPLEMENT TO THE SAN FRANCISCO BICYCLE PLAN FEIR - Second Street, between Market and King Street - Certification of the Final Supplemental Environmental Impact Report.  The San Francisco Public Works (Public Works) would implement improvements along Second Street to create a multi-modal corridor and improve safety and access for pedestrians, bicyclists and transit riders as well as drivers. The proposed project includes the following improvements:  widen sidewalks between Harrison and Townsend streets; install one-way cycle track bicycle facilities in both directions on Second Street; install transit boarding islands at most transit stops along with planted medians; eliminate two channelized right-turn lanes from northbound Second Street at Harrison Street; install Americans with Disabilities Act-compliant curb ramps; plant street trees; install site furnishings (trash receptacles, bike racks, benches, and pedestrian lighting); and grind and repave the asphalt, curb-to-curb.  The travel lanes along Second Street would generally be reduced from two to one in each direction, in order to install bicycle facilities; left turns would be restricted at most major intersections and a pedestrian/bicycle phase would be implemented at all intersections along Second Street.  In compliance with the San Francisco Complete Streets Policy (Public Works Code Section 2.4.13), Public Works would rehabilitate and replace aging sewer facilities along the project corridor, construct/install/relocate drainage facilities, replace the water main between Market and Howard Streets, and place overhead utilities underground on Second Street from Stillman to Townsend streets.  Project approvals will be heard by the San Francisco Municipal Transportation Agency Board of Directors and the San Francisco Board of Supervisors for changes to the public right of way including sidewalk legislation.  In addition, Caltrans will consider approval of an encroachment permit for work to be carried out in the Caltrans right-of-way.

NOTE: The public hearing on the Draft SEIR is closed. The public comment period for the Draft Supplemental EIR ended on March 30, 2015. Public comment will be received when the item is called during the hearing. However, comments submitted may not be included in the Final SEIR.

Preliminary Recommendation:  Certify the Supplemental Environmental Impact Report

 

12.          2011.1323EMTZCUA                                                                                  (M. JACINTO: (415) 575-9033)

302 SILVER AVENUE - Appeal of Preliminary Mitigated Negative Declaration - The project would involve the demolition of the existing Main Building on the Jewish Home of
San Francisco campus located at the intersection of Silver Avenue and Mission Street in the Excelsior District (APN 5952/002) and construction of two new buildings up to 78 feet tall containing a total of 210 “Residential Care Facility for the Elderly” (assisted living and memory care) units, as well as retail and support spaces. Four other existing buildings on the site would remain. New buildings would front on Mission Street and Avalon Avenue, and a new vehicular entry court would be constructed from a proposed new driveway on Avalon Avenue at London Street (the existing Mission Street vehicle exit would be removed). The project would include implementation of medical care and wellness programs for older adults at a central location known as “the Square” that would occupy 45,100 square feet of space within existing and proposed buildings. On-site parking spaces would increase from the existing 166 to 224, and would be accommodated in an underground parking garage. The new buildings would provide new pedestrian access from Mission Street. The project site is within the Residential, Two-House Zoning District (RH-2) and a 50-X Height and Bulk District.

Preliminary Recommendation: Uphold the Preliminary Mitigated Negative Declaration

 

13a.        2011.1323EMTZCUA                                                                                     (T. CHANG: (415) 575-9197)

302 SILVER AVENUE - south side of Silver Avenue, bounded by Mission Street, Avalon Avenue and Lisbon Street, Assessors Block 5952, Lot 002 - Request for General Plan Amendment pursuant to Planning Code Section 340 and to amend Map 5 (Height and Bulk Map) of the Urban Design Element to reflect the proposed maximum height on the proposed Jewish Home of San Francisco Special Use District.

Preliminary Recommendation:  Adopt a Recommendation for Approval

(Continued from Regular Meeting of June 25, 2015)

 

13b.        2011.1323EMTZCUA                                                                                     (T. CHANG: (415) 575-9197)

302 SILVER AVENUE  - south side of Silver Avenue, bounded by Mission Street, Avalon Avenue and Lisbon Street, Assessors Block 5952, Lot 002 - Request for Planning Code and Zoning Map Amendments pursuant to Planning Code Section 302 to (a) amend the Planning Code text, adding Planning Code Section 249.73 to establish the Jewish Home of San Francisco Special Use District and allow a floor area ration (“FAR”) of up to 2.1:1 for any individual lot within the SUD, though not to exceed 1.8:1 for the entire SUD within the Jewish Home of San Francisco Special Use District (SUD); and the inclusion of specific uses, such as outpatient clinics, acute care psychiatric hospital uses, other Institutional Uses, Personal Services, administrative office space and Retail Uses to further goals of the Jewish Home to provide care for the elderly; (b) amend Special Use District (“SU”) Map SU11 to include the boundaries of the proposed SUD; and (c) amend Height (“HT”) Map  HT11 to allow buildings up to 80’ in height.

Preliminary Recommendation:  Adopt a Recommendation for Approval

(Continued from Regular Meeting of June 25, 2015)

 

13c.        2011.1323EMTZCUA                                                                                     (T. CHANG: (415) 575-9197)

302 SILVER AVENUE -  south side of Silver Avenue, bounded by Mission Street, Avalon Avenue and Lisbon Street, Assessors Block 5952, Lot 002 - Request for Conditional Use Authorization to allow development on a lot to modify an existing Planned Unit Development, pursuant to Planning Code Sections 303, 304, 249.73 and 253, to allow development exceeding 10,000 square feet and include uses such as outpatient clinics, acute care psychiatric hospital uses, additional Institutional Uses, Retail Uses, Personal Services, and administrative office space, as accessory uses to the Home and in certain instances and principal uses.

Preliminary Recommendation:  Approve with Conditions

(Continued from Regular Meeting of June 25, 2015)

 

14a.        2013.0159TZ                                                                                                    (R. SUCRE:    415/575-9108)

AMENDMENTS TO THE GENERAL PLAN, PLANNING CODE AND ZONING MAP FOR 525 HARRISON STREET - located on the east side of Harrison Street between 1^st and 2^nd Streets, Assessor’s Block 3764, Lot 063.  Request to Adopt a Recommendation for a General Plan Amendment, Planning Code Text Amendment and Zoning Map Amendment, pursuant to Planning Code Sections 302 and 306, to amend Policies 3.3 and 3.4 of the Rincon Hill Area Plan, amend Planning Code Section 270(e), and amend the height and bulk designation of Block 3764 Lot 063 on San Francisco Height and Bulk District Map No. 1 (HT01). On May 28, 2015, the Commission initiated the proposed amendments, per Planning Commission Resolution No. 19382. Currently, the subject lot is located within the RH-DTR (Rincon Hill Downtown Residential) Zoning District and 65-X and 65/400-R Height and Bulk District.

Preliminary Recommendation: Adopt a Recommendation of Approval

 

14b.        2013.0159X                                                                                                      (R. SUCRE: (415) 575-9108)

525 HARRISON STREET – located at the south side of Harrison Street between Essex and 1^st Streets, Lot 063 in Assessor’s Block 3764 – Request for a Downtown Project Authorization (DPA), pursuant to Planning Code Section 309.1, for the new construction of an 17-story residential tower with 179 dwelling units, 97 off-street parking spaces, 790 square feet of ground floor café, 120 Class 1 bicycle parking spaces, and 20 Class 2 bicycle parking spaces. Under the DPA, the project is seeking exceptions to the requirements for dwelling unit exposure (Planning Code Section 140) and tower bulk, upper tower sculpting, and tower spacing (Planning Code Section 270(e)(5)-Pending Legislation, See Case No. 2013.0159TZ). The subject property is located within the RH-DTR (Rincon Hill-Downtown Residential) Zoning District, and 65-X and 65/400-R Height and Bulk District.

Preliminary Recommendation: Approve with Conditions

                (Continued from Regular Meeting of July 16, 2015)

 

15a.        2014.0679BX                                                                                                (C. TOWNES: (415) 575-9195)

510 TOWNSEND STREET - north side of Townsend Street abutting the elevated Interstate 280 (I-280) Sixth Street on- and off-ramps (to the east), between 6^th and 7^th Streets; Lots 007 and 080 in Assessor’s Block 3784 - Request for a Large Project Authorization, pursuant to Planning Code Section 329 to demolish a vacant warehouse/office buildings and construct a new 5 to 7 story, 65-foot to 85-foot tall, 269,063 square foot office building. Per Planning Code Section 329, a Large Project Authorization (LPA) is required for a project within the Eastern Neighborhoods Mixed Use District involving new construction more than 25,000 square feet or greater than 75 feet in height. Under the LPA, the project is seeking modifications to certain Planning Code requirements, including: 1) Dimensions for Off-Street Loading [PC Sec 154(b)], 2) Usable Open Space [PC Sec 135.3(a)(2)(B), 135(h)(1)(C), 270(e)(4)], and 3) Vertical Architectural Elements [PC Sec 823(c)(5)]. The subject property is located within the WMUO (Western SoMa Mixed Use-Office) Zoning District and a 65-X and 85-X Height and Bulk District.

Preliminary Recommendation: Approve with Conditions

 

15b.        2014.0679BX                                                                                                (C. TOWNES: (415) 575-9195)

                510 TOWNSEND STREET - north side of Townsend Street abutting the elevated Interstate 280 (I-280) Sixth Street on- and off-ramps (to the east), between 6^th and 7^th Streets; Lots 007 and 080 in Assessor’s Block 3784 – Request for an Office Development Authorization pursuant to Planning Code Section 321 that would authorize the construction of 269,063 gross square feet of office use from the Office Development Annual Limit Program. 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

 

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.

 

16a.        2013.0883DV                                                                                                       (K. GUY: (415) 558-6163)

1364 PACIFIC AVENUE - north side of Pacific Avenue; Lot 020 in Assessor’s Block 0155 – Request for Discretionary Review of Building Permit Application 2014.0812.3674 proposing to demolish the existing one-story commercial building and construct a new four-story building, reaching a height of 40 feet, containing one dwelling unit and ground-floor retail space. The project is located within the Pacific Avenue Neighborhood Commercial 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: Do Not Take DR and Approve

(Continued from Regular Meeting of July 2, 2015)

 

16b.        2013.0883DV                                                                                                        (K. GUY: (415) 558-6163)

1364 PACIFIC AVENUE - north side of Pacific Avenue; Lot 020 in Assessor’s Block 0155 - Request for: 1) Rear Yard Modification from Planning Code Section 134 to allow the first and second stories of the proposed building to encroach into the required rear yard, and 2) Variance to allow the proposed curb cut and driveway along Lynch Street to exceed the maximum parking entry width limitations of Planning Code Section 145.1.  The project proposes to demolish the existing one-story commercial building and construct a new four-story building, reaching a height of 40 feet, containing one dwelling unit and ground-floor retail space, located within the Pacific Avenue Neighborhood Commercial District and 40-X Height and Bulk District.

(Continued from Regular Meeting of July 2, 2015)

 

17a.        2013.0884DV                                                                                                       (K. GUY: (415) 558-6163)

1370 PACIFIC AVENUE - north side of Pacific Avenue; Lot 021 in Assessor’s Block 0155 - Request for Discretionary Review of Building Permit Application 2014.0812.3679 proposing to demolish the existing one-story commercial building and construct a new four-story building, reaching a height of 40 feet, containing one dwelling unit and ground-floor retail space. The project is located within the Pacific Avenue Neighborhood Commercial 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: Do Not Take DR and Approve

(Continued from Regular Meeting of July 2, 2015)

 

17b.        2013.0884DV                                                                                                       (K. GUY: (415) 558-6163)

1370 PACIFIC AVENUE - north side of Pacific Avenue; Lot 021 in Assessor’s Block 0155 - Request for 1) Rear Yard Modification from Planning Code Section 134 to allow the first and second stories of the proposed building to encroach into the required rear yard, and 2) Variance to allow the proposed curb cut and driveway along Lynch Street to exceed the maximum parking entry width limitations of Planning Code Section 145.1.  The project proposes to demolish the existing one-story commercial building and construct a new four-story building, reaching a height of 40 feet, containing one dwelling unit and ground-floor retail space, located within the Pacific Avenue Neighborhood Commercial District and 40-X Height and Bulk District.

(Continued from Regular Meeting of July 2, 2015)

 

18.          2015-002210DRM                                                                                          (N. FOSTER (415)575-9167)

948-952 MISSION STREET - north side of Mission Street between 5th and 6th Streets; Lot 017 in Assessor’s Block 3704 - Mandatory Discretionary Review pursuant to Planning Code Section 202 for the application to allow for an expansion of an existing MCD (d.b.a. Barbary Coast Collective), and to allow for on-site medication of medical cannabis (e.g. smoking, vaporizing, and consumption of medical cannabis edibles). The application also seeks to add on-site cultivation (e.g. plants to be kept on-site), pursuant to SF Health Code Section 3308(f). 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: Take Discretionary Review and Approve with Conditions

 

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.

6. 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.