ROLL CALL:                                                                         

 

                                            President:                                Rodney Fong

                                            Vice-President:                      Dennis Richards

                                            Commissioners:                    Rich Hillis, 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.             2015-004567CUA                                                                                 (E. JONCKHEER: (415) 575-8728)

470 WEST PORTAL AVENUE - west side of West Portal Avenue between 15th Avenue and Sloat Boulevard, near the intersection of Portola Drive, Sloat Boulevard, and West Portal Avenue; Lots 008 and 009 in Assessor’s Block 2484 and Lot 001 in Assessor’s Block 2540 (District 7) – Request for Conditional Use Authorization for a Planned Unit Development (PUD) pursuant to Planning Code Sections 132, 134, 155.2, 209.1, 303 and 304, to allow a two-phase expansion of the San Francisco Waldorf School that would provide additional on-site facilities for academic and recreational uses while also modifying the current parking lot configuration and access to the main school entrance.  Phase 1 proposes the construction of a new multi-purpose gymnasium along West Portal Avenue, and Phase 2 proposes an addition beneath the footprint of the existing building at the northwest portion of the site and a ground floor level lobby connection between the gymnasium and the existing building. The proposed project would be designed to accommodate a potential increase in the school’s enrollment by 90 for a total enrollment of up to a maximum of 240 students. The project seeks expansion of the secondary school (an institutional use) in a RH-1(D) District, and modifications from the Planning Code’s front setback, rear yard and Class-1 bicycle parking space requirements via the CUA/PUD process.  The project sponsor is seeking a ten-year authorization timeline. The project site is within a RH-1(D) (Residential, House Districts, One-Family, Detached) 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

(Proposed for Continuance to December 15, 2016)

               

2a.          2014.0011X                                                                                                            (D. VU: (415) 575-9120)

1298 HOWARD STREET - northeast corner of 9th and Howard Streets – Lots 019, 024, 025, 086 & 087 in Assessor’s Block 3728 - Request for Large Project Authorization, pursuant to Planning Code Section 329 and 823 including exceptions from the rear yard, usable open space and dwelling unit exposure requirements pursuant to Planning Code Sections 134, 135 and 140, respectively, for the proposed construction of a 45- to 55-ft. tall, five-story mixed-use development consisting of two buildings totaling 139,516 square feet that include 124 dwelling units, approximately 13,850 sq. ft. of ground floor commercial space, 9,050 sq. ft. of common and public open space partially through a 30-ft. wide mid-block alley and a 30,395 sq. ft. basement for 71 automobile and 188 Class 1 bicycle parking spaces. The subject properties are located in the Regional Commercial (RCD), WSoMa Mixed Use-General (WMUG) and Residential Enclave-Mixed (RED-MX) Districts and 45-X and 55-X Height and Bulk Districts. 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: Pending

            (Proposed for Continuance to January 26, 2017)

 

2b.          2014.0011C                                                                                                            (D. VU: (415) 575-9120)

1298 HOWARD STREET - northeast corner of 9th and Howard Streets – Lots 019, 024, 025, 086 & 087 in Assessor’s Block 3728 - Request for Conditional Use Authorization of a Planned Unit Development, pursuant to Planning Code Sections 121.1, 121.2, 121.7, 202.5, 303 and 304 for the conversion of an automobile service station, demolition of all existing structures, merger of lots and the construction of a 45- to 55-ft. tall, five-story mixed-use development consisting of two buildings totaling 139,516 sq. ft. that include 124 dwelling units, approximately 13,850 sq. ft. of ground floor commercial space, 9,050 sq. ft. of common and public open space partially through a 30-ft. wide mid-block alley and a 30,395 sq. ft. basement for 71 automobile and 188 Class 1 bicycle parking spaces. The Project is also requesting modifications from the rear yard, usable open space and dwelling unit exposure requirements pursuant to Planning Code Sections 134, 135 and 140, respectively. The subject properties are located in the Regional Commercial (RCD), WSoMa Mixed Use-General (WMUG) and Residential Enclave-Mixed (RED-MX) Districts and 45-X and 55-X Height and Bulk Districts.

Preliminary Recommendation: Pending

            (Proposed for Continuance to January 26, 2017)

 

3.             2016-001528CUA                                                                           (N.KWIATKOWSKA: (415) 575-9185)

2645 OCEAN AVENUE – at 19^th Avenue, Lot 023 in Assessor’s Block 7226 (District 7) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 710.21 to convert the existing individual medical uses into one large medical service of 26,181 gross square feet in an existing three-story structure within a NC-1 (Neighborhood Commercial Cluster) District, 26-X Height and Bulk District. The proposal includes interior alterations and new signage. The proposed use size requires CUA pursuant to Planning Code Section 710.21 since it is greater than 2,999 square feet. 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 November 10, 2016)

NOTE: On November 10, 2016, after hearing and closing public comment, the Commission adopted a motion of intent to Disapprove and continued the item to December 1, 2016 by a vote of +6 -1 (Hillis against).

(Proposed for Continuance to February 2, 2017)

 

4.             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 a RH-3 (Residential – House, Three-Family) Zoning District and 40-X Height and Bulk District.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Approve with Conditions

(Continued from Regular Meeting of November 3, 2016)

NOTE: On November 3, 2016, after hearing and closing public comment, the Commission adopted a motion of intent to Disapprove and continued the item to December 1, 2016 by a vote of +7 -0.

(Proposed for Continuance to February 9, 2017)

 

5.             2015-012722PCA                                                                                      (D. SANCHEZ: (415) 575-9082)

INCLUSIONARY AFFORDABLE HOUSING PROGRAM {BOARD FILE NO. 150911} - Planning Code Amendment, introduced by Mayor Lee and Supervisors Farrell and Tang to provide revised geographic, timing, pricing and other requirements for the off-site alternative to the Inclusionary Affordable Housing Fee; create a new option for off-site projects that qualify as Nonprofit Provider Partner Projects; create a new alternative for project sponsors of smaller market-rate projects to direct the Affordable Housing fee to small sites projects; create an option for project sponsors of on- and off-site housing to provide higher amounts of affordable housing at higher levels of affordability termed “dialing up”; revise certain definitions and operating procedures related to the Inclusionary Housing Program and make conforming changes; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan , Planning Code Section 302 and the eight priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of September 15, 2016)

(Proposed for Continuance to March 2, 2017)

 

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.                   2016-003461CUA                                                                                     (S. SKANGOS:  (415) 575-8731)

2000 VAN NESS AVENUE - east side of Van Ness Avenue, between Pacific Avenue and Jackson Street, Lot 005 of Assessor’s Block 0595 (District 3) - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 303(c) and 209.3, to: (1) legalize the modification of an existing AT&T Mobility Wireless Telecommunications Services Facility consisting of the installation of three (3) new antennas for a total of nine (9) antennas mounted on an existing rooftop behind existing screening, and (2) modify the existing facility consisting of the removal and replacement of five (5) existing antennas, installation of three (3) new Radio Relay Units (RRUs) and other equipment upgrades as part of the AT&T Mobility Wireless Telecommunications Network. The subject property is located within a RC-4 (Residential – Commercial, High Density) Zoning District, Van Ness Special Use District, and 80-D Height and Bulk District. 

 Preliminary Recommendation:  Approve with Conditions

(Continued from Regular Meeting of November 17, 2016)

 

 

 

7.             2016-011223CUA                                                                                         (N. FOSTER: (415) 575-9167)

1844 MARKET STREET - north side of Market, between Octavia Boulevard and Laguna Street, Lot 016 in Assessor’s Block 0871 (District 8) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 303.1, 703.3, 703.4, and 790.110 to establish a new Financial Services Use (ATM vestibule) for a formula retail establishment (d.b.a. “Bank of America”) within the ground-floor of in a newly-constructed mixed-use building. This development was previously approved by the Planning Commission in 2006 (Case No. 2004.0892ECK); construction concluded in 2013. The ATM vestibule would be situated within a vacant commercial tenant space measuring approximately 500 square feet, within the existing building envelope. Minor interior tenant improvements are proposed, with no expansion of the existing building. The subject property is located within a NCT-3 (Moderate-Scale Neighborhood Commercial Transit) Zoning District and 85-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 November 17, 2016)

 

            8.          2016-010652CUA                                                                                             (J. SPEIRS: (415 575-9106)

2417 MISSION STREET - east side of Mission Street, between 20th and 21st Streets, Lot 029 in Assessor’s Block 3610 (District 9) - Request for Conditional Use Authorization Conditional Use Authorization under Planning Code Sections 249.60, 303, 608.14 and 736.41 to relocate an existing liquor establishment (d.b.a Doc’s Clock) within the Mission Alcoholic Beverage Special Use District, and designate & relocate an existing Vintage Sign from its current location to the new location within the Mission Street NCT (Neighborhood Commercial Transit) Zoning District and 55-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         

 

C.         COMMISSION MATTERS

 

9.             Consideration of Adoption:

·         Draft Minutes for November 10, 2016

·         Draft Minutes for November 17, 2016

 

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.          2015-017206GPA                                                                                        (M. MOHAN: (415) 575-9141)

COMMERCE AND INDUSTRY ELEMENT - Adopt General Plan Amendments to the Commerce and Industry Element updating the guidelines regarding over-concentration of Eating and Drinking Establishments in a single area; 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

(Continued from Regular Meeting of October 6, 2016)

NOTE: On October 6, 2016, after hearing and closing public comment, the Commission continued the item to December 1, 2016 by a vote of +6 -0 (Johnson absent).

 

14.                                                                                                                                  (M. WENGER: (415) 575-9126)

LOCAL COASTAL PROGRAM AMENDMENT PROCESS - In 2015, the Planning Department was awarded grants from the California Coastal Commission and the State Ocean Protection Council to amend the City’s Local Coastal Program (LCP) to address sea level rise and coastal erosion. The LCP is a state-mandated land use plan governing development along the City’s western shoreline. The LCP Amendment will cover the entire Coastal Zone, but implementation will largely occur south of Sloat Boulevard, where coastal vulnerabilities are most acute. Informational presentation on the community and interagency processes used to develop LCP policy amendments and the local and state certification process.

Preliminary Recommendation:  None - Informational

(Continued from Regular Meeting of November 17, 2016)

 

15.                                                                                                                                     (P. IKEZOE: (415) 575- 9137)

COMMERCE AND INDUSTRY INVENTORY 2015  - Informational presentation - This 22^nd Inventory is one of the Department’s reports on the economy and land use. It contains a 10-year time-series of data for calendar years 2006-2015, including population, labor force, employment, establishments, wages, retails sales, government expenditures and revenues, and building activity. The Inventory is available for the public at the Planning Department and can be downloaded from the website at http://commissions.sfplanning.org/cpcpackets/2015_Commerce_and_Industry_Inventory_FINAL.pdf

Preliminary Recommendation:  No Action required. Informational only

(Continued from Regular Meeting of November 17, 2016)

                16.          2015-018056AHB                                                                                 (C.ALEXANDER:  (415) 575-8724)

1296 SHOTWELL STREET - west side of Shotwell Street between Cesar Chavez and 26^th Streets; Lot 051 in Assessor’s Block 6571 (District 9) - Request for 100% Affordable Housing Bonus Program Authorization to allow for the demolition of an existing 1-story building and construction of a new nine-story 100% affordable residential building for seniors and formerly homeless seniors with 94 units, pursuant to Planning Code Sections 206 and 328. The Project requests development bonuses for 1) increased height above that which is principally permitted by the zoning district and 2) reduced dwelling unit exposure pursuant to Planning Code Section 140. The Project also requests an exception for the rear yard requirement pursuant to Planning Code Section 134. This Project is within the Mission Street NCT (Neighborhood Commercial Transit) Zoning District and 65-X Height and Bulk District.

Preliminary Recommendation:  Approve with Conditions

 

                17.                2016-009074CUA                                                                                           (L. AJELLO: (415) 575-9142)

701 HAIGHT STREET - southwest corner of Haight and Pierce Streets; Lot 001 in Assessor’s Block 0862 (District 5) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 710.27, to extend the hours of operation from 11 p.m. to 12 a.m. on Sunday through Wednesday nights and from 11 p.m. to 2 a.m. on Thursday through Saturday nights, for an existing brew pub restaurant (d.b.a. Black Sands Brewery). The project is located within the NC-1 (Neighborhood Commercial Cluster) 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

 

18a.       2015-009690CUA                                                                                   (E. SAMONSKY: (415) 575-9112)

5 THOMAS MELLON CIRCLE - west side of Thomas Mellon Circle between Executive Park Boulevard and Alanna Drive; Lot 075 in Assessor’s Block 4991(District 10) - Request for Conditional Use Authorization to authorize a Planned Unit Development (PUD) pursuant to Planning Code Sections 303 and 304 for demolition of an existing commercial/office building and construction of five residential buildings (ranging in height from six to seventeen stories tall) with up to 585 dwelling units, approximately 9,845 square feet of ground floor commercial space, 53,729 square feet of usable open space, and up to 756 off-street parking spaces. The project includes modifications to the following Planning Code requirements: dwelling unit density (Section 209.3), measurement of height (Section 260), and street frontage (Section 145.1). The project is located within a RC-3 (Residential-Commercial, Medium Density) Zoning District, Executive Park Special Use District and 65/240-EP Height and Bulk Districts.

Preliminary Recommendation: Approve with Conditions

               (Continued from Regular Meeting of October 27, 2016)

           

 

 

18b.       2015-009690DNX                                                                                  (E. SAMONSKY: (415) 575-9112)

5 THOMAS MELLON CIRCLE - west side of Thomas Mellon Circle between Executive Park Boulevard and Alanna Drive; Lot 075 in Assessor’s Block 4991(District 10) - Request for Permit Review in the Executive Park Special Use District, pursuant to Planning Code Sections 309.1 and 309.2, for demolition of an existing commercial/office building and construction of five residential buildings (ranging in height from six to seventeen stories tall) with up to 585 dwelling units, approximately 9,845 square feet of ground floor commercial space, 53,729 square feet of usable open space, and up to 756 off-street parking spaces. The project is located within a RC-3 (Residential-Commercial, Medium Density) Zoning District, Executive Park Special Use District and 65/240-EP Height and Bulk Districts.

Preliminary Recommendation: Approve with Conditions

            (Continued from Regular Meeting of October 27, 2016)

 

G.            DISCRETIONARY REVIEW CALENDAR 

 

The Commission Discretionary Review Hearing Procedures provide for presentations by staff; followed by the DR requestor team; followed by public comment opposed to the project; followed by the project sponsor team; followed by public comment in support of the project.  Please be advised that the DR requestor and project sponsor teams include: the DR requestor and sponsor or their designee, lawyers, architects, engineers, expediters, and/or other advisors.

 

19.          2016-006839DRM                                                                           (M. CHRISTENSEN: (415) 575-8742)

160 GILBERT STREET - southwest side of Gilbert Street, south of Brannan Street; Lot 025 in Assessor’s Block 3784 (District 9) - Mandatory Discretionary Review of Building Permit Application No. 2016.05.05.6621, proposing a change of use from warehouse to a Medical Cannabis Dispensary (MCD) on the ground floor of the subject property. The MCD would be delivery only with no retail component and no on-site cultivation. The property is within the SALI (Service/Arts/Light Industrial) District and 40/55-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco

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.