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.            2016-004009DRP                                                                           (V. FLORES: (415) 575-9173)

3932-3934 26^TH STREET - between Sanchez and Church Streets, Lot 012 in Assessor’s Block 6552 (District 8) - Request for Discretionary Review of Building Permit Application No. 2016.03.18.2438, proposing to the renovation and addition to an existing three-story two-unit building located within a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District. The project will excavate and expand the garage level. Additionally, the proposal includes a rear horizontal addition to the second and third floors; a new vertical addition for a fourth floor, and façade alterations. Each unit will occupy two floors. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of June 1, 2017)

(Proposed for Continuance to October 5, 2017)

 

2.            2013.1872ENX                                                                                                 (D. SIROIS: (415) 575-8714)

768 HARRISON STREET - north side between Lapu Lapu Street & 4^th Street with frontage on Rizal Street; Lots 033 & 162 in Assessor’s Block 3751 (District 6) - Request for a Large Project Authorization, pursuant to Planning Code Section 329 to allow the demolition of a 3,090 square foot two-story, industrial building (automotive service), to merge lots 330 & 162 and to construct an 83-foot-tall, eight-story over basement, mixed-use building approximately 34,340 square feet in size. The proposed building would include 5,160 square feet of office space in the basement and on the on the ground floor facing Rizal Street and 24 residential units above. The proposed project includes 25 Class I bicycle spaces and three Class II bicycle spaces. The project also includes 1,920 square feet of common open space including a 1,300-square-foot rear yard at the second-floor level and a 620-square-foot deck at the roof level. The project is seeking exceptions from certain Planning Code requirements including: permitted obstructions over street (Planning Code Section 136) and dwelling unit mix (Planning Code Section 207.6).  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 June 22, 2017)

(Proposed for Continuance to October 5, 2017)

 

 

 

3a.          2017-003134CUA                                                                          (N. FOSTER: (415) 575-9167)

72 ELLIS STREET - north side of Ellis Street, between Stockton and Powell Streets, Lot 011 in Assessor’s Block 0327 (District 3) - Request for Performance Period Extension for an additional three years for a previously-approved project (Conditional Use Authorization).  The amendment proposes minor changes to the overall design of the building with an increase in guest room count from the original proposal (from 156 rooms to 192 rooms).  The Project proposes to demolish an existing surface parking lot and construct an approximately 130-foot-tall (up to maximum height of 146 feet, inclusive of mechanical equipment and elevator over-run), 11-story-over-basement, approximately 76,500 gross square foot (gsf) building.  The proposed building would contain a Hotel Use (a Retail Sales and Service Use), providing one hundred and ninety two (192) tourist guest rooms, and would also contain approximately 8,500 square feet of retail use.  The Project would provide eight (8) Class I bicycle parking spaces in the basement and eleven (11) Class II bicycle parking spaces on Ellis Street.  No off-street parking is proposed; the Project would include a passenger loading zone directly in front of the subject property (subject to SFMTA approval).  The subject property is located within the C-3-R (Downtown Retail) Zoning District, 80-130-F Height and Bulk District, and Kearny-Market-Mason-Sutter (KMMS) Conservation District.  The project also required action by the Historic Preservation Commission on a Permit to Alter for demolition and new construction within the KMMS Conservation District (Case No. 2017-003134PTA).  On June 7, 2017, the Historic Preservation Commission approved the Permit to Alter, with recommendations as amended, by a vote of +4 -0, (Motion No. 0305).

Preliminary Recommendation: Approve Two-Year Extension of Performance Period

(Continued from Regular Meeting of July 13, 2017)

(Proposed for Continuance to November 30, 2017)

 

3b.         2017-003134DNX                                                                          (N. FOSTER: (415) 575-9167)

72 ELLIS STREET - north side of Ellis Street, between Stockton and Powell Streets, Lot 011 in Assessor’s Block 0327 (District 3) - Request for Performance Period Extension for an additional three years for a previously-approved project (Downtown Project Authorization).  The amendment proposes minor changes to the overall design of the building with an increase in guest room count from the original proposal (from 156 rooms to 192 rooms).  The Project proposes to demolish an existing surface parking lot and construct an approximately 130-foot-tall (up to maximum height of 146 feet, inclusive of mechanical equipment and elevator over-run), 11-story-over-basement, approximately 76,500 gross square foot (gsf) building.  The proposed building would contain a Hotel Use (a Retail Sales and Service Use), providing one hundred and ninety two (192) tourist guest rooms, and would also contain approximately 8,500 square feet of retail use.  The Project would provide eight (8) Class I bicycle parking spaces in the basement and eleven (11) Class II bicycle parking spaces on Ellis Street. No off-street parking is proposed; the Project would include a passenger loading zone directly in front of the subject property (subject to SFMTA approval).  The subject property is located within a C-3-R (Downtown Retail) Zoning District, 80-130-F Height and Bulk District, and Kearny-Market-Mason-Sutter (KMMS) Conservation District.  The project also required action by the Historic Preservation Commission on a Permit to Alter for demolition and new construction within the KMMS Conservation District (Case No. 2017-003134PTA).  On June 7, 2017, the Historic Preservation Commission approved the Permit to Alter, with recommendations as amended, by a vote of +4/-0, (Motion No. 0305).

Preliminary Recommendation: Approve Two-Year Extension of Performance Period

(Continued from Regular Meeting of July 13, 2017)

(Proposed for Continuance to November 30, 2017)

 

4.            2017-004521MAP                                                                      (D. SANCHEZ: (415) 575-9082)

THIRD STREET FORMULA RETAIL RESTRICTED USE DISTRICT - Zoning Map Amendment to include parcels located at 5545 Third Street and 5501 Third Street in the Third Street Formula Retail Restricted Use Districts; affirming the Planning Department’s California Environmental Quality Act Determination; and making Planning Code Section 302 findings and findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1.

(Proposed for Indefinite Continuance)

 

B.         CONSENT CALENDAR

 

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

 

5a.          2017-004417CUA                                                                 (D. WEISSGLASS: (415) 575-9177)

3100 GEARY BOULEVARD - northwest corner of  Cook Street and Geary Boulevard; Lot 021 in Assessor’s Block 1066 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 303.1, to allow a change of operator for an existing Formula Retail use (currently dba “Sleep Train Mattress Center,” proposed as “Mattress Firm”). The subject property is within a NC-3 (Neighborhood Commercial, Moderate Scale) 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

 

5b.         2017-004424CUA                                                                 (D. WEISSGLASS: (415) 575-9177)

4550 GEARY BOULEVARD - northeast corner of 10^th Avenue and Geary Boulevard; Lot 018 in Assessor’s Block 1441 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 303.1, to allow a change of operator for an existing Formula Retail use (currently dba “Sleep Train Mattress Center,” proposed as “Mattress Firm”). The subject property is within a NC-3 (Neighborhood Commercial, Moderate Scale) 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

 

5c.          2017-004430CUA                                                                 (D. WEISSGLASS: (415) 575-9177)

4801 GEARY BOULEVARD - southwest corner of 12^th Avenue and Geary Boulevard; Lots 042-058 in Assessor’s Block 1532 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 303.1, to allow a change of operator for an existing Formula Retail use (currently dba “Sleep Train Mattress Center,” proposed as “Mattress Firm”). The subject property is within a NC-3 (Neighborhood Commercial, Moderate Scale) 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

 

5d.         2017-004404CUA                                                                 (D. WEISSGLASS: (415) 575-9177)

1415 VAN NESS AVENUE - southwest corner of Austin Street and Van Ness Avenue; Lot 004 in Assessor’s Block 0666 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 303.1, to allow a change of operator for an existing Formula Retail use (currently dba “Sleep Train Mattress Center,” proposed as “Mattress Firm”). The subject property is within a RC-4 (Residential-Commercial, High Density) Zoning District, the Van Ness and Van Ness Automotive Special Use Districts, and 130-V 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

 

5e.          2017-004411CUA                                                                 (D. WEISSGLASS: (415) 575-9177)

1600 VAN NESS AVENUE - northeast corner of California Street and Van Ness Avenue; Lot 018 in Assessor’s Block 0643 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 303.1, to allow a change of operator for an existing Formula Retail use (currently dba “Sleep Train Mattress Center,” proposed as “Mattress Firm”). The subject property is within a RC-4 (Residential-Commercial, High Density) Zoning District, the Van Ness and Van Ness Automotive Special Use Districts, and 80-D 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

 

C.         COMMISSION MATTERS

 

6.            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

 

7.            Director’s Announcements

 

8.            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.

 

9.            2000.541EKXBTHA                                                                (C. ALEXANDER: (415) 575-8724)

350 BUSH STREET - Informational Presentation - for the 1% Public Art Requirement for a newly constructed 19-story office building addition to the existing Mining Exchange Building, with 20,400 sf of retail space in two galleria levels and 344,540 sf of office space. The project was approved on November 1, 2001 by Motion No. 16274 in Case No. 2000.541EKXBCTHA.

Preliminary Recommendation: None – Informational

 

10.          2011.1356MTZ                                                                                 (S. WERTHEIM: (415) 558-6612)

CENTRAL SOMA PLAN - Informational Presentation - This presentation is intended to continue the process leading to Initiation and eventual adoption of the Central SoMa Plan and accompanying legislation. It will focus on areas of interest and/or concern raised previously by Planning Commissioners and members of the public. For more information on the Central SoMa Plan, go to http://centralsoma.sfplanning.org.

Preliminary Recommendation: None - Informational

 

11a.       2017-005881PCA                                                          (C. ASBAGH: (415) 575-9165)

FORMULA RETAIL GROCERY STORE IN FULTON STREET GROCERY STORE SPECIAL USE DISTRICT; AMENDMENTS TO PLANNG CODE SECTION 249.35A [BOARD FILE 170514] - Planning Code Amendment to allow a grocery store that may be defined as a formula retail use in the Fulton Street Grocery Store Special Use District, and adding criteria for approval; extending the duration of the controls; and making environmental findings, findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1, and findings of public necessity, convenience, and welfare under Planning Code, Section 302.

Preliminary Recommendation: Adopt a Recommendation for Approval

 

11b.       2017-005881CUA                                                                                 (C. ASBAGH: (415) 575-9165)

555 FULTON STREET - southeast corner of Fulton and Laguna Street; Lot 058 in Assessor’s Block 0794 (District 5) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303(c), 303.1, 703.4, and 249.35A to establish a formula retail sales and services establishment (d.b.a. New Seasons Market) as would be permitted under Planning Code Amendments proposed under Board File No. 170514. The project is located within a RTO (Residential Transit Oriented) and Hayes Valley NCT (Neighborhood Commercial Transit) Zoning Districts and 40-X/50-X Height and Bulk District, and the Fulton Street Grocery Store Special Use District. Not defined as a project under CEQA Guidelines Sections 15378 and 15060(c)(2) because it does not result in a physical change in the environment. No CEQA review is required pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation:  Approve with Conditions

 

 

12.          2017-002430CUA                                                                          (N. FOSTER: (415) 575-9167)

948-950 LOMBARD STREET - north side of Lombard Street between Jones and Leavenworth Streets; Lot 010 in Assessor’s Block 0067 (District 3) - Request for Conditional Use Authorization pursuant to Planning Code Sections 207, 209.1 and 303 to permit a second Dwelling Unit on a single lot in the RH-1 Zoning District. The project proposes to merge Lots 10 and 17 of Assessor’s Block 0067, each of which contains a single Dwelling Unit, into a single parcel containing two Dwelling Units. 950 Lombard Street (Lot 10) is 9,480-sf lot containing a 1-story, 616-sf cottage with one dwelling unit. 841 Chestnut Street (Lot 17) is a 6,255-sf lot containing a 2-story, 3,430-sf single-family dwelling. Within the RH-1 Zoning District, up to one Dwelling Unit per 3,000 square feet of lot area is permitted with benefit of Conditional Use Authorization. The project also requires a Lot Line Adjustment to permit the merger of the two, existing lots. All interior and exterior permits were previously approved to comply with Department of Building Inspection (DBI) Notice of Violation #201766421 and Planning Enforcement Case # 2016-008722ENF. 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

 

13.          2016-001443CUA                                                              (M. CHRISTENSEN: (415) 575-8742)

2708 24^TH STREET - north side of 24^th Street between Potrero Avenue and Hampshire Street, Lot 035 in Assessor’s Block 4211 (District 9) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 249.59, 249.60, 303, and 763, to establish a Restaurant use in an existing ground floor commercial tenant space, last occupied by a personal service use (barber/beauty parlor). No exterior modifications are proposed to the structure. The subject property is located within the 24^th Street-Mission Neighborhood Commercial Transit (NCT) Zoning District, the Calle 24 Special Use District, and 65-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

 

14a.       2015-005863ENX                                                                                   (D. VU: (415) 575-9120)

342-360 5^th STREET - west side between Shipley and Clara Streets - Lots 005, 006A, 007, 057, 058, 100, 101 & 147 in Assessor’s Block 3753 (District 6) - Request for Large Project Authorization, pursuant to Planning Code Section 329 including exceptions from the rear yard, obstructions over streets and alleys, dwelling unit exposure, and off-street loading requirements pursuant to Planning Code Sections 134, 136, 140, and 152, respectively, for the demolition of three existing light industrial structures totaling 17,897 square feet and proposed new construction of a 45- to 85-ft. tall, up to eight-story and 132,560 square feet mixed-use development that includes approximately 1,302 square feet of ground floor commercial, 8,011 square feet of ground floor and partially underground light industrial (PDR) space, and 123,247 sq. ft. of residential use for 127 dwelling units. The proposed project would also include a total 10,321 sq. ft. of private and common residential open space and an approximately 18,361 sq. ft. basement-level garage for 40 automobile parking, two car-share, two loading, and 107 Class 1 bicycle parking spaces. The subject properties are located within the Mixed Use Residential (MUR) Zoning District and 45-X and 85-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 with Conditions

 

14b.       2015-005863CUA                                                                                   (D. VU: (415) 575-9120)

342-360 5^th STREET - west side between Shipley and Clara Streets - Lots 005, 006A, 007, 057, 058, 100, 101 & 147 in Assessor’s Block 3753 (District 6) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 202.8 and 303 including exceptions from the rear yard, obstructions over streets and alleys, dwelling unit exposure, and off-street loading requirements pursuant to Planning Code Sections 134, 136, 140, and 152, respectively, for the demolition of three existing light industrial structures totaling 17,897 square feet and proposed new construction of a 45- to 85-ft. tall, up to eight-story and 132,560 square feet mixed-use development that includes approximately 1,302 square feet of ground floor commercial, 8,011 square feet of ground floor and partially underground light industrial (PDR) space, and 123,247 sq. ft. of residential use for 127 dwelling units. The proposed project would also include a total 10,321 sq. ft. of private and common residential open space and an approximately 18,361 sq. ft. basement-level garage for 40 automobile parking, two car-share, two loading, and 107 Class 1 bicycle parking spaces. The subject properties are located within the Mixed Use Residential (MUR) Zoning District and 45-X and 85-X Height and Bulk Districts.

Preliminary Recommendation: Approve with Conditions

(Continued from Regular Meeting of July 20, 2017)

 

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.

 

15.          2016-000688DRP-02                                                                          (C. MAY: (415) 575-9087)

116 10^th AVENUE  - east side of 10^th Avenue between Lake and California Streets; Lot 034 in Assessor’s Block 1369 (District 1) - Requests for Discretionary Review of  Building Permit Application No. 2016.01.12.6840 proposing the construction of a rear horizontal addition and vertical addition to the existing single family dwelling.  The subject 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 San Francisco Administrative Code Section 31.04(h).

Staff Analysis: Abbreviated Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of June 8, 2017)

 

16.          2015-004141DRP-02                                                                        (N. TRAN: (415) 575-9174)

1188 DIAMOND STREET - western side of Diamond Street, between Clipper and 26^th Streets, Block 6556, Lot 006A (District 8) - Request for Discretionary Review of Building Permit Application No. 2017.04.03.3058, proposing install Code-compliant property line fencing at grade and canopies with underlights on the fourth floor of an existing single-family dwelling located within the RH-1 (Residential House, 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:  Take Discretionary Review and Approve with Modifications

 

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.