ROLL CALL:                                                                     

 

                                         President:                              Rich Hillis                                                                                    Vice-President:                     Dennis Richards

                                         Commissioners:                    Rodney Fong, Christine Johnson, Joel Koppel,

                                                                                          Myrna Melgar, Kathrin Moore

 

A.               CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

 

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

 

1.            2015-014626CUA                                                                        (A. LINDSAY: (415) 575-9178)

1025 FILLMORE STREET - west side of Fillmore Street, between Golden Gate Avenue and McAllister Street, Lot 021 of Assessor’s Block 0774 (District 5) - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 303(c), 747 and 209.2, to modify a T-Mobile Macro Wireless Telecommunications Services Facility consisting of installation of three (3) new panel antennas, installation of three (3) new FRP box screens with bottoms, and ancillary equipment as part of the T-Mobile Telecommunications Network. The subject property is located within the NCT (Fillmore Street Neighborhood Commercial Transit District), the RM-4 (Residential-Mixed, High Density), and 40-X and 50-X Height and Bulk Districts. 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: Approval with Conditions

(Proposed for Continuance to September 7, 2017)

 

2.            2015-018150CUA                                                              (M. CHRISTENSEN: (415) 575-8742)

1 ARDATH COURT - east side of Ingalls Street, north of Hudson Court, Lot 008 of Assessor’s Block 4712 (District 10) - Request for a modification to a Planned Unit Development-Conditional Use Authorization, pursuant to Planning Code Sections 209.1, 303 and 304, with specific modifications to Planning Code requirements related to rear yard (Planning Code Section 134), to construct a new 5,659 square foot recreation center for residents of the Northridge Cooperative Homes. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Pending

(Proposed for Continuance to October 19, 2017)

 

3.            2015-018150CUA                                                                                (C. MAY: (415) 575-9087)

137 CLAYTON STREET - west side of Clayton Street, between Grove and Hayes Streets, Lot 006 in Assessor’s Block 1194 (District 5) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 317 to demolish an existing two-story, single-family dwelling and construct a new four-story, 3-unit residential building within an 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 San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Pending

(Continued from Regular Meeting of February 9, 2017)

NOTE: On November 3, 2016 the Commission closed public comment and adopted a motion of intent to Disapprove and Continued the matter to December 1, 2016, by a vote of +7 -0. On December 1, 2016, without hearing Continued the matter to February 9, 2017. On February 9, 2017, without hearing Continued the matter to April 13, 2017. On April 13, 2017, without hearing, Continued the matter to June 8, 2017. On June 8, 2017, without hearing, Continued the matter to August 24, 2017.

(Proposed for Continuance to November 30, 2017)

 

4.            2017-000178CUA                                                                        (E. JACKSON: (415) 575-6363)

175 JUNIPERO SERRA BOULEVARD - east side, between Darien Way, Monterey Boulevard, and San Rafael Way, Lot 006 in Assessor’s Block 3250 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.1 and 303 to amend a previously approved CU authorization (Case No. 2012.0348C, Motion No. 18674) to expand the existing 2,700 square foot child care facility serving 60 children to a 4,062 square foot child care facility serving the same number of children within a RH-1(D) (Residential, One-Family, Detached) Zoning District with 40-X Height and Bulk designation.  The site is currently occupied by a child care facility (aka Alpha Kids Academy) and a church (aka Christian Science Church). 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

(Continued from Regular Meeting of June 1, 2017)

(Proposed for Indefinite Continuance)

 

5.            2015-015051CUA                                                                        (A. LINDSAY: (415) 575-9178)

965 SUTTER STREET - south side of Sutter Street, between Hyde Street and Leavenworth Street, Lot 022 of Assessor’s Block 0300 (District 4) - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 303(c) and 209.3, to modify a T-Mobile Macro Wireless Telecommunications Services Facility consisting of installation of three (3) new panel antennas, removal of unused pipe mounts, and installation of ancillary equipment at equipment area as part of the T-Mobile Telecommunications Network. The subject property is located within a RC-4 (Residential-Commercial, High Density) Zoning District, and 80-A 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

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

 

6.            2017-007082CND                                                                 (D. WEISSGLASS: (415) 575-9177)

758 HAIGHT STREET - north side of Haight Street, between Scott Street and Pierce Street on Assessor’s Block 0846, Lot 015 (District 5) - Request for a Condominium Conversion Subdivision, pursuant to Subdivision Code Sections 1332 and 1381, to convert a four-story, five-unit building into residential condominiums. The subject property is located within a RH-3 (Residential-House, Three Family) Zoning District and 40-X Height and Bulk Districts. 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

 

7.            2017-006356CND                                                                              (N. TRAN: (415) 575-9174)

56 SANCHEZ STREET - west side of Sanchez Street, between Duboce Avenue and 14th Street on Assessor’s Block 3538, Lot 012 (District 6) - Request for a Condominium Conversion Subdivision, pursuant to Subdivision Code Sections 1332 and 1381, to convert a four-story, six-unit building into residential condominiums. The subject property is located within a RTO (Residential, Transient-Oriented Neighborhood) Zoning District and 40-X Height and Bulk Districts. 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

 

8.            2017-003848CUA                                                                       (G. PANTOJA: (415) 575-8741)

1123 TARAVAL STREET - between 21^st and 22^nd Streets, Lot 001 in Assessor’s Block 2404 (District 4) - Request a Conditional Use Authorization pursuant to Planning Code Section 741.43, 781.2, and 303 to authorize a Limited Restaurant Use (d.b.a. Dumpling Kitchen) at an existing 444 square-foot tenant space at the ground floor of an existing one-story commercial building, previously occupied by a nail salon (d.b.a. Taraval Nails), within the Taraval Street Neighborhood Commercial (NCD) Zoning District and 65-A Height and Bulk District. This project was reviewed under the Community Business Priority Processing Program (CB3P). 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

 

               9.            Consideration of Adoption:

·       Draft Minutes for July 20, 2017

·       Draft Minutes for July 27, 2017

 

10.          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

 

11.          Director’s Announcements

 

12.          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.

 

13.          2012.1410ENV                                                                                 (J. POLING: (415) 575-9072)

77-85 FEDERAL STREET - east of 2^nd Street, between Bryant Delancey and Brannan Streets; Lot 444 of Assessor’s Block 3774 (District 6) - Appeal of a Community Plan Preliminary Negative Declaration for the demolition of two existing two-story office buildings and construction of a five-story building containing approximately 50,000 square feet (sf) of office use, 23,000 sf of retail use, and parking for 26 vehicles. The project site is located in a MUO (Mixed Use-Office) District, the South End Historic District and 65-X Height and Bulk District.

                                        Preliminary Recommendation: Uphold the Community Plan Preliminary Negative Declaration

 

14.          2014-001272ENV                                                                                (M. HUE: (415) 575-9041)

PIER 70 MIXED-USE PROJECT - located east of Illinois Street between 20^th and 22^nd Street; Assessor’s Block 4052 Lot 001; Block 4110 Lots 001 and 008A; Block 4111 Lot 004; and Block 4120 Lot 002 (District 10) - Certification of the Final Environmental Impact Report. The Pier 70 Mixed-Use Project would rezone the entire 35-acre project site (including the 28-acre site and the Illinois Parcels) and establish land use controls for the project site through adoption of the proposed Pier 70 Special Use District (SUD), and incorporation of design standards and guidelines in a proposed Pier 70 Design for Development document. The proposed project would involve the demolition of seven buildings/structures and the rehabilitation of three buildings. The proposed project would accommodate, depending on the uses proposed, between a maximum of 1,645 to 3,025 residential units, a maximum of 1,102,250 to 2,262,350 gross square feet (gsf) of commercial-office use, and a maximum of 479,980 to 486,950 gsf of retail-restaurant-arts/light industrial use. New buildings would range in height from 50 to 90 feet, consistent with Proposition F. The proposed project would also include transportation and circulation improvements, new and upgraded utilities and infrastructure, geotechnical and shoreline improvements, and nine acres of public open space. The majority of the project site is within the Union Iron Works Historic District. The project site is located within M-2 (Heavy Manufacturing) and P (Public) Zoning Districts, and 40-X and 65-X Height and Bulk Districts.

Preliminary Recommendation: Certify the Final EIR

NOTE: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on February 21, 2017. Public comment will be received when the item is called during the hearing. However, comments submitted may not be included in the Final EIR.

 

15a.       2014-001272ENV                                                                             (R. SUCRE: (415) 575-9108)

Pier 70 Mixed-Use Project - east side of Illinois Street between 20th and 22nd Streets -Assessor’s Block 4052 Lot 001 (partial), Block 4111 Lot 004 (partial), Block 4110 Lots 001 and 008A, and Block 4120 Lot 002 (District 10) - Request for Adoption of Findings and Statement of Overriding Considerations under the California Environmental Quality Act (CEQA) for the Pier 70 Mixed-Use Project, which would rezone the entire 35-acre project site (including the 28-acre site and the Illinois Parcels) and establish land use controls for the project site through adoption of the Pier 70 Special Use District (SUD), and incorporation of design standards and guidelines in a proposed Pier 70 Design for Development document. Depending on the uses proposed, the Project would include between 1,645 to 3,025 residential units, a maximum of 1,102,250 to 2,262,350 gross square feet (gsf) of commercial-office use, and a maximum of 494,100 to 518,700 gsf of retail-light industrial-arts use. The Project also includes construction of transportation and circulation improvements, new and upgraded utilities and infrastructure, geotechnical and shoreline improvements, between 3,215 to 3,345 off-street parking spaces in proposed buildings and district parking structures, and nine acres of publicly-owned open space. The project site is currently located within the P (Public) and M-2 (Heavy Industrial) Zoning Districts, and 40-X and 65-X Height and Bulk Districts.

Preliminary Recommendation: Adopt Findings and Statement of Overriding Considerations under the California Environmental Quality Act

 

15b.       2014-001272GPA                                                                            (R. SUCRE: (415) 575-9108)

Pier 70 Mixed-Use Project General Plan Amendments - Request to Adopt a Recommendation of Approval of the General Plan Amendments for the Ordinance introduced by the Planning Commission to amend Map No. 4 and Map No. 5 of the Urban Design Element and the Land Use Index of the General Plan to reference the Pier 70 Mixed-Use Project Special Use District. On June 22, 2017, the Planning Commission recommended initiation of the aforementioned General Plan Amendments, per Planning Commission Resolution No. 19949.  On August 24, 2017, the Planning Commission will consider the aforementioned General Plan Amendments pursuant to Planning Code Section 340.  The proposed amendments will be before the Planning Commission so that it may recommend adoption, rejection, or adoption with modifications to the Board of Supervisors, and adopt findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. 

Preliminary Recommendation: Adopt a Recommendation for Approval

(Continued from Regular Meeting of July 20, 2017)

 

15c.        2014-001272MAP                                                                            (R. SUCRE: (415) 575-9108)

Pier 70 Mixed-Use Project Zoning Map Amendments [Board File No. 170864] - Request to Adopt a Recommendation of Approval of a Zoning Map Amendment for the Ordinance introduced by Mayor Edwin Lee and Supervisor Malia Cohen to amend: Zoning Use District Map No. ZN08 to rezone Assessor’s Block 4052 Lot 001 (partial), Block 4111 Lot 004 (partial), Block 4110 Lots 001 and 008A from M-2 (Heavy Manufacturing) to Pier 70 Mixed-Use District, and Block 4120 Lot 002 from P (Public) to Pier 70 Mixed Use District; and Height & Bulk District Map No. HT08 to increase the height limit for Block 4052 Lot 001 (partial), Block 4111 Lot 004 (partial), and Block 4120 Lot 002 from 40-X to 90-X. The Height and Bulk District Map Amendments are consistent with Proposition F, which was passed by the voters in November 2014. These Zoning Use District Map and Height & Bulk District Map Amendments would support the Pier 70 Mixed-Use Project. The proposed amendments will be before the Planning Commission so that it may recommend adoption, rejection, or adoption with modifications to the Board of Supervisors.

Preliminary Recommendation: Adopt a Recommendation for Approval

 

15d.       2014-001272PCA                                                                             (R. SUCRE: (415) 575-9108) 

Pier 70 Mixed-Use Project Planning Code Text Amendments [Board File No. 170864] - Request to Adopt a Recommendation of Approval of a Planning Code Text Amendment for the Ordinance introduced by Mayor Edwin Lee and Supervisor Malia Cohen to amend the Planning Code and establish the Pier 70 Special Use District (SUD). The Pier 70 SUD would facilitate the City’s long-term goal of redevelopment and revitalization of a portion of Pier 70, which is owned by the Port of San Francisco. The Pier 70 SUD would modify specific Planning Code requirements related to permitted uses, ground floor frontage, building standards, lot coverage and rear yard, off-street parking, dwelling unit exposure, open space, off-street loading, signage, and would establish review procedures for phase approvals and building permits for the Pier 70 Mixed-Use Project. The Pier 70 SUD would also incorporate by reference a proposed “Design for Development” for the Pier 70 Mixed-Use Project that provides specificity on land use, open space, streets and streetscapes, parking and loading, buildings, and lighting, signage and art. The project site is currently located within the P (Public) and M-2 (Heavy Industrial) Zoning Districts, and 40-X and 65-X Height and Bulk Districts. The proposed amendments will be before the Commission so that it may recommend adoption, rejection, or adoption with modifications to the Board of Supervisors. 

Preliminary Recommendation: Adopt a Recommendation for Approval

 

15e.       2014-001272PCA                                                                             (R. SUCRE: (415) 575-9108)

Pier 70 Special Use District DESIGN FOR DEVELOPMENT – Request for Approval of the Pier 70 Special Use District Design for Development (D4D), which outlines the controls, standards, and guidelines specific to the Pier 70 Mixed-Use Project. The proposed D4D articulates a vision and goals for the character of the overall project, and provides specificity on aspects of land use, open space, streets and streetscapes, parking and loading, buildings, lighting, signage and art. The project site is currently located within the P (Public) and M-2 (Heavy Industrial) Zoning Districts, and 40-X and 65-X Height and Bulk Districts.

Preliminary Recommendation: Approve

 

15f.        2014-001272DVA                                                                            (R. SUCRE: (415) 575-9108)

Pier 70 Mixed-Use Project Development Agreement - east side of Illinois Streets between 20th and 22nd Streets –Assessor’s Block 4052 Lot 001 (partial), Block 4111 Lot 004 (partial), Block 4110 Lots 001 and 008A, and Block 4120 Lot 002 (District 10) – Request to Adopt a Recommendation of Approval of a Development Agreement between the City and County of San Francisco and “FC Pier 70, LLC” in association with the Pier 70 Mixed-Use Project. The proposed Development Agreement will address project phasing, delivery of public realm improvements, and public benefits on topics to include affordable housing, new transit and infrastructure, open space, workforce development, historic rehabilitation, preservation of the Noonan artists, and sustainability and sea level rise protection. The Pier 70 Mixed-Use Project would rezone the entire 35-acre project site (including the 28-acre site and the Illinois Parcels) and establish land use controls for the project site through adoption of the Pier 70 Special Use District (SUD), and incorporation of design standards and guidelines in a proposed Pier 70 Design for Development document. Depending on the uses proposed, the Project would include between 1,645 to 3,025 residential units, a maximum of 1,102,250 to 2,262,350 gross square feet (gsf) of commercial-office use, and a maximum of 494,100 to 518,700 gsf of retail-light industrial-arts use. The Project also includes construction of transportation and circulation improvements, new and upgraded utilities and infrastructure, geotechnical and shoreline improvements, between 3,215 to 3,345 off-street parking spaces in proposed buildings and district parking structures, and nine acres of publicly-owned open space. Pursuant to San Francisco Administrative Code Section 56.4(c) the Director of Planning has received and accepted a complete application for the amendment of the above-mentioned development agreement which is available for review by the public at the Planning Department in Planning Department Case File 2014-001272DVA.

Preliminary Recommendation: Adopt a Recommendation for Approval

 

16.          2015-005862ENX                                                                    (K. DURANDET: (415) 575-6816)

975 BRYANT STREET - south side of Bryant Street between 7^th and 8^th Streets, Lot 044   in

Assessor’s Block 3780 (District 6) - Request for a Large Project Authorization (LPA) pursuant to Planning Code Section (§) 329 to demolish the existing 32,407 square foot industrial building, currently authorized as a retail use and parking lot, and to construct a new 4-story (48-foot) over basement, 220,245 sq. ft. mixed-use building with 185 unit residential dwelling units, 2,990 sq. ft. of ground floor retail, and 51,085 sq. ft. of below grade parking containing 135 auto,123 Class 1 and 16 Class 2 bicycle, parking spaces. The proposed building will provide a total of 2,969 sq. ft. of publicly accessible open space adjacent to Kate Street, 1,440 sq. ft. of private open space, and 10,985 sq. ft. of common open space provided in courtyards and a roof deck. Under the LPA the project is seeking exceptions for required Rear Yard (§134), Permitted Obstructions (§136) and Dwelling Unit Exposure (§140). The subject property is located within the UMU (Urban Mixed-Use) Zoning District, and 48-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

(Continued from Regular Meeting of July 27, 2017)

 

17.          2017-004110CUA                                                                            (D. SIROIS: (415) 575-8714)

2867-2899 SAN BRUNO AVENUE - northeast corner of San Bruno Avenue and Woolsey Street - Lot 037 in Assessor’s Block 5457 (District 9) - Request for Conditional Use Authorization, pursuant to Planning Code Section 303, to modify the conditions of approval for satisfying the requirements of the Inclusionary Housing Program through payment of a fee. The project was approved under Planning Commission Motion No. 18782 on January 17, 2013  (Case No. 2010.0627C) and included the demolition of an existing service station and the construction of a new development consisting of five, four-story mixed use buildings containing a total of ten dwelling units with one on-site below-market rate dwelling unit, 15 off-street parking spaces, ground-floor retail spaces and second floor business or professional service uses in a NC-2 (Small-Scale Neighborhood Commercial) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation:  Approve with Conditions

 

18.          2017-001598CUA                                                                          (N. FOSTER: (415) 575-9167)

580 GREEN STREET - north side of Green Street, at the intersection of Columbus Avenue and Stockton Street; Lot 020A in Assessor’s Block 0116 (District 3) - Request for Conditional Use Authorization pursuant to Planning Code Sections 121.2, 178(e)(5), 303, and 722.51 to permit a change of use of a nonconforming use and nonconforming use size. The subject property previously contained a bank (d.b.a. “Citibank”) (a Financial Services Use) and the proposed project would convert the existing 8,405 square foot commercial tenant space into a medical clinic (d.b.a. “North East Medical Services” or “NEMS”) (a Medical Service Use). In service of activating the frontages along Green and Stockton Streets, NEMS proposes two (2) Accessory Use retail spaces totaling approximately 500 square feet, to be used as Retail Sales and Service Uses (e.g. patient consultation; sales of medical devices, or gift shop). Because the existing Financial Services Use is nonconforming and exceeds the use size limits of the Code, the existing use and use size are both considered nonconforming. Even though the proposed Medical Service Use is a principally permitted use in the North Beach Neighborhood Commercial District (NCD), the change of use from the nonconforming use requires Conditional Use Authorization. Minor interior tenant improvements are proposed as part of the project, with no expansion of the existing building envelope. The subject property is located within the North Beach NCD (Neighborhood Commercial) Zoning District, the North Beach Financial Service, Limited Financial Service, and Business or Professional Service Subdistrict, the North Beach Special Use District,  Telegraph Hill and North Beach Residential Special Use District; and 48-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

 

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.

 

19a.       2016-001185DRP                                                                              (N. TRAN: (415) 575-9174)

711 CORBETT AVENUE - eastern side of Corbett Avenue, near the intersection of Romain Street and Corbett Avenue, Block 2755, Lot 017C (District 8) - Request for Discretionary Review of Building Permit Application No. 2016.05.03.6398, proposing to expand the existing two-story over basement single-family residence and increase the dwelling count to three units located within a RM-1 (Residential-Mixed, Low Density) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and Approve with Modifications

 

19b.       2016-001185VAR                                                                              (N. TRAN: (415) 575-9174)

711 CORBETT AVENUE - eastern side of Corbett Avenue, near the intersection of Romain Street and Corbett Avenue, Block 2755, Lot 017C (District 8) - The project requests Variances from the Zoning Administrator to infill under an existing deck and construct additions within the required front and rear yards. Planning Code Section 132 requires a front yard of 6 feet - 5 inches and construction is proposed within ¼ inches of the front property line. Section 134 requires a rear yard of 43 feet - 4 inches and the proposal is within 16 feet – 3 ½ inches of the rear property line. The proposed footprint expansion onto the noncomplying building encroaches within the required average front and rear yards. The project is within a RM-1 (Residential-Mixed, Low Density) Zoning District and 40-X Height and Bulk District.

 

20.          2015-018225DRP                                                                          (S. JIMENEZ: (415) 575-9187)

171 JUDSON AVENUE - south side between Edna Street and Circular Avenue; Lot 032 in Assessor’s Block 3182 (District 7) - Request for Discretionary Review of Building Permit Application No. 2015.11.09.2182, proposing to alter an existing two-story, single family residence by legalizing and constructing a rear horizontal addition at the first and second floors and a third story vertical addition located within the RH-1 (Residential, One-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

 

21.          2017-000907DRM                                                             (M. CHRISTENSEN: (415) 575-8742)

761 BRYANT STREET - south side of Bryant Street between 5^th and 6^th Streets; Lot 046G in Assessor’s Block 3778 (District 6) - Mandatory Discretionary Review pursuant to Planning Code Section 890.133(d) to allow a Medical Cannabis Dispensary (MCD) (d.b.a. “Access SF”) to operate at the subject property within the SALI (Service, Arts, Light Industrial) Zoning District and 40/55-X Height and Bulk District. The MCD would occupy a currently vacant warehouse approximately 4,350 sq ft in size, last occupied by a medical supply wholesaler.  The proposal would allow for both on-site sales of medical cannabis and/or medical cannabis edibles and on-site medication of medical cannabis (e.g. smoking, vaporizing, and consumption of medical cannabis edibles would be permitted at the subject property).  The Project does not propose any on-site cultivation, meaning no live marijuana plants would be kept on the premises for purposes of harvesting medical product. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and Approve with Conditions

 

22.          2017-002757DRM                                                                         (N. FOSTER: (415) 575-9167)

79 9^TH STREET - east side of 9^th Street between Market and Mission Streets; Lot 023 in Assessor’s Block 3721 (District 6) - Mandatory Discretionary Review pursuant to Planning Code Section 202.2(e)(1) to allow a Medical Cannabis Dispensary (MCD) (d.b.a. “Vapor Room Collective”) to operate at the subject property within the C-3-G (Downtown General Commercial) Zoning District and 120-X Height and Bulk District. The MCD would occupy approximately 750 square feet of ground floor commercial space (currently vacant).  The proposal would allow for both on-site sales of medical cannabis and/or medical cannabis edibles and on-site medication of medical cannabis (e.g. smoking, vaporizing, and consumption of medical cannabis edibles would be permitted at the subject property).  The Project does not propose any on-site cultivation, meaning no live marijuana plants would be kept on the premises for purposes of harvesting medical product. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Staff Analysis:  Full Discretionary Review

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	OFA (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	CTZ (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
Large Project Authorization in Eastern Neighborhoods	LPA (X)	15 calendar days	Board of Appeals
Permit Review in C-3 Districts, Downtown Residential Districts	DNX (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.

 

An appeal of the approval (or denial) of a 100% Affordable Housing Bonus Program application may be made to the Board of Supervisors within 30 calendar days after the date of action by the Planning Commission pursuant to the provisions of Sections 328(g)(5) and 308.1(b). Appeals must be submitted in person at the Board’s office at 1 Dr. Carlton B. Goodlett Place, Room 244. For further information about appeals to the Board of Supervisors, including current fees, contact the Clerk of the Board of Supervisors at (415) 554-5184.

 

An appeal of the approval (or denial) of a building permit application issued (or denied) pursuant to a 100% Affordable Housing Bonus Program application by the Planning Commission or the Board of Supervisors may be made to the Board of Appeals within 15 calendar days after the building permit is issued (or denied) by the Director of the Department of Building Inspection. Appeals must be submitted in person at the Board's office at 1650 Mission Street, 3rd Floor, Room 304. For further information about appeals to the Board of Appeals, including current fees, contact the Board of Appeals at (415) 575-6880.

 

Pursuant to California Government Code Section 65009, if you challenge, in court, the decision of an entitlement or permit, the issues raised shall be limited to those raised in the public hearing or in written correspondence delivered to the Planning Commission prior to, or at, the public hearing.

 

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.