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.            2016-001528CUA                                                           (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 December 1, 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).

On December 1, 2016, without hearing, the Commission continued the item to February 2, 2017.

            (Proposed for Continuance to April 6, 2017)

 

2.            2016-006303DRM                                                                           (M. CHRISTENSEN: (415) 575-8742)

3326 MISSION STREET- west side of Mission Street, between 29^th Street and 30^th Street; Lot 005 in Assessor’s Block 6635 (District 11) - Request is for Mandatory Discretionary Review of an application for a change of use from bar to a Medical Cannabis Dispensary (MCD) at the ground story, within a NC-3 (Neighborhood Commercial – Moderate Scale) Zoning District and 40-X Height and Bulk District. The MCD is proposed for on-site sales with no on-site cultivation or production. The associated Building Permit Application 2016.05.23.8132 is for change of use and both interior and exterior alterations. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Full Analysis

Preliminary Recommendation: Take Discretionary Review and Approve

(Proposed Continuance to April 13, 2017)

 

3.            2008.0586E                                                                                      (T. CHANG: (415) 575-9197)

ACADEMY OF ART UNIVERSITY - Academy of Art University (AAU) is a private postsecondary academic institution that occupies buildings throughout the City (predominantly in the northeast quadrant). AAU plans on expanding its facilities and programs to accommodate a projected on-site student enrollment of approximately 17,282 students and 3,511 faculty and staff by 2020, resulting in a total increase of approximately 6,100 students and 1,220 faculty and staff.  The Proposed Project consists of four general components: study area growth, project site growth, legalization of prior unauthorized changes, and shuttle service expansion. Study area growth consists of approximately 110,000 net square feet (sf) of additional residential uses (to house approximately 400 students, equivalent to about 220 rooms) and 669,670 sf of additional institutional space in 12 geographic areas (study areas) where AAU could occupy buildings to accommodate future growth. The study areas generally include the following areas: Study Area 1 (SA-1), Lombard Street/Divisadero Street; SA-2, Lombard Street/Van Ness Avenue; SA-3, Mid Van Ness Avenue; SA-4, Sutter Street/Mason Street; SA-5, Mid-Market Street; SA-6, Fourth Street/Howard Street; SA-7, Rincon Hill East; SA-8, Third Street/Bryant Street; SA-9, Second Street/Brannan Street; SA-10, Fifth Street/Brannan Street; SA-11, Sixth Street/Folsom Street; and SA-12, Ninth Street/Folsom Street. Project site growth consists of six additional sites that have been occupied, identified, or otherwise changed by AAU since publication of the September 2010 Notice of Preparation (NOP) for this EIR. The six project sites would include a total of 411,070 sf of institutional, bus storage, and community facility uses. The project sites include the following addresses: 2801 Leavenworth Street (The Cannery) (Assessor’s Block/Lot: 0010/001); 700 Montgomery Street (Assessor’s Block/Lot:0196/028); 625 Polk Street (Assessor’s Block/Lot:0742/002); 150 Hayes Street (Assessor’s Block/Lot:0811/022); 121 Wisconsin Street (Assessor’s Block/Lot:3953/004); and 2225 Jerrold Avenue (Assessor’s Block/Lot:5286A/020). The Proposed Project also includes extension of AAU’s shuttle service to serve growth in the study areas and at the project sites. The Proposed Project also includes legalization of changes in use and/or appearance undertaken without benefit of permits prior to issuance of the NOP at 28 of AAU’s 34 existing sites. The Proposed Project includes the occupation and use of existing buildings, as well as construction activities that would be limited to interior tenant improvements, exterior modifications such as signage, window replacements, and security system installation, and in limited circumstances, seismic upgrades. Adoption of CEQA Findings for the Department Proposed Project, which reflects revisions in the Proposed Project to include only residential conversions where the conversion to student housing serves a higher intensity use than what would otherwise be located on the subject site; support conversion of industrial to institutional uses only where the conversion to institutional remains industrial in nature or maintains an industrial component and is therefore best situated on the subject site rather than elsewhere in the City; support conversions of commercial to institutional uses only where the conversion to institutional use maintains a publicly-accessible, active use, and therefore is best situated on the subject site rather than elsewhere in the City; and support conversions of office uses where the institutional use is office in nature, such as the institution’s administrative headquarters, and is appropriate for the subject site. Based on these policy determinations, the Department Proposed Project includes review of all Program-Level Growth and Project-Level Growth analyzed in the EIR.  However, the Department Proposed Project would result in the full legalization of 29 of AAU’s 40 existing and project sites, with 3 pending recommendations.

Preliminary Recommendation:  Adopt Findings

(Continued from Regular Hearing of November 17, 2016)

(Proposed for Continuance to July 27, 2017)

 

 

 

4a.             2016-007198PCA                                                                                                     (T. CHANG: (415) 575-9197)

ADOPTION OF PLANNING CODE TEXT CHANGES INITIATED BY THE PLANNING DEPARTMENT AND RELATED TO THE ACADEMY OF ART UNIVERSITY - Consideration of Planning Code Amendments related to Academy of Art University (AAU) - The Planning Commission will consider the adoption of an Ordinance amending the Planning Code to allow a limited conversion of Existing Housing to Student Housing Use for two specific properties.  The Ordinance recommended for Adoption would waive the applicability of the prohibition on conversion of Residential Units to Student Housing set forth in Planning Code Section 317(e) to 2209 Van Ness Avenue (Lot 005 in Assessor's Block 0570) and 2211 Van Ness Avenue (Lot 029 in Assessor's Block 0570). The proposed Ordinance would also establish criteria for conditional use authorization applicable to conversions to Student Housing for 2209 Van Ness Avenue and 2211 Van Ness Avenue; make findings under the California Environmental Quality Act; make findings under Planning Code Section 302 of public necessity, convenience, and welfare; make findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1; and provide for expiration of the provision by operation of law three years after its effective date.

Preliminary Recommendation: Adopt a Recommendation for Approval

(Continued from Regular Meeting of November 17, 2016)

(Proposed Continuance to July 27, 2017)

 

4b.         2016-000559PCA                                                                            (T. CHANG: (415) 575-9197)

ADOPTION OF PLANNING CODE TEXT CHANGES PROPOSED BY AND RELATED TO THE ACADEMY OF ART UNIVERSITY - A Consideration of Planning Code Text Amendments related to Academy of Art University (AAU). The Planning Commission will consider the proposal from the Academy of Art University to adopt an Ordinance that includes a grandfathering provision applicable to former Planning Code Section 317(f) to enable the unauthorized conversion of Residential Units to Student Housing for the following properties: 1080 Bush Street (Lot 015 in Assessor’s Block 0275); 1153 Bush Street (Lot 026 in Assessor’s Block 0281); 1916 Octavia Street (Lot 011 in Assessor’s Block 0640); 1055 Pine Street (Lot 009 in Assessor’s Block 0275); 860 Sutter Street (Lot 006 in Assessor’s Block 0275); 2209 Van Ness Avenue (Lot 005 in Assessor's Block 0570) and 2211 Van Ness Avenue (Lot 029 in Assessor's Block 0570). The proposed Ordinance incorporates the already established conditional use authorization criteria for Residential Conversion pursuant to former Planning Code Section 317(f)(2).

Preliminary Recommendation: Adopt a Recommendation for Disapproval

(Continued from Regular Meeting of November 17, 2016)

(Proposed Continuance to July 27, 2017)

 

4c.          2012.0646PCA                                                                                         (T. CHANG: (415) 575-9197)

ACADEMY OF ART UNIVERSITY - A Consideration of Planning Code Text Amendments related to Academy of Art University (AAU). The Planning Commission will consider the proposal from the Academy of Art University to adopt an ordinance that expands the grandfathering provision to Section 175.5(b) to enable the legalization of the unauthorized conversion of Office space to Institutional use for 601 Brannan Street (Lot 132 in Assessor’s Block 3785).

Preliminary Recommendation: Adopt a Recommendation for Disapproval

(Continued from Regular Meeting of November 17, 2016)

(Proposed Continuance to July 27, 2017)

 

5a.          2007.1082C                                                                                      (T. CHANG: (415) 575-9197)

2209 VAN NESS AVENUE - Located on the west side of Van Ness Avenue between Broadway and Vallejo Streets, Lot 029 in Assessor’s Block 0318 (District 2) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 317 and 303, for the conversion of Residential Units to Student Housing. The project proposes to legalize the conversion of one Residential Unit to 22 Student Housing rooms within a Residential-Commercial, Medium Density (RC-3) Zoning and 80-D Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve with Conditions

(Continued from Regular Meeting of November 17, 2016)

(Proposed Continuance to July 27, 2017)

 

5b.         2007.1083C                                                                                      (T. CHANG: (415) 575-9197)

2211 VAN NESS AVENUE - Located on the west side of Van Ness Avenue between Broadway and Vallejo Streets, Lot 029 in Assessor’s Block 0318 (District 2) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 317 and 303, for the conversion of Residential Units to Student Housing. The project proposes to legalize the conversion of two Residential Units and one Commercial Unit to three Dwelling Units and 8 Student Housing rooms within a Residential-Commercial, Medium Density (RC-3) Zoning and 80-D Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve with Conditions

(Continued from Regular Meeting of November 17, 2016)

(Proposed Continuance to July 27, 2017)

 

5c.          2007.1073C                                                                               (C. CAMPBELL: (415) 575-8732)

1916 OCTAVIA STREET - Located on the east side of Octavia Street between Broadway and Vallejo Streets, Lot 011 in Assessor’s Block 0640 (District 2) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 317 and 303, for the conversion of 20 Residential Units to Student Housing. The project proposes to legalize the conversion of one Residential Unit to 22 Student Housing rooms within a Residential-House, Two-Family (RH-2) Zoning and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Disapprove

(Continued from Regular Meeting of November 17, 2016)

(Proposed Continuance to July 27, 2017)

 

5d.         2007.1074C                                                                                        (C. GROB: (415) 575-9138)

1055 PINE STREET - Located on the south side of Pine Street between Jones and Taylor Streets, Lot 009 in Assessor’s Block 0275 (District 3) – Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.2, 303 and 317 for the conversion of Residential Units to Student Housing. The project proposes to legalize the conversion of 59 Residential Hotel rooms to Student Housing rooms within a Residential-Mixed, High Density (RM-4) Zoning District, Nob Hill Special Use District and 65-A Height and Bulk District. The project proposes to establish a total of 81 student housing rooms. The project is associated with a Planning Code Text Amendment proposed by the Academy of Art University. The adoption hearing for the subject Planning Code Amendment will also be heard on September 22, 2016 (2016-000559PCA). This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Disapprove

(Continued from Regular Meeting of November 17, 2016)

(Proposed Continuance to July 27, 2017)

 

5e.          2007.1077C                                                                                        (C. GROB: (415) 575-9138)

860 SUTTER STREET - Located on the north side of Sutter Street between Leavenworth and Jones Streets, Lot 006 in Assessor’s /Block 0281 (District 3) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.3, 303 and 317, for the conversion of Residential Units to Student Housing. The project proposes to legalize the conversion of 50 Residential Hotel rooms and 39 Tourist Hotel rooms to 89 Student Housing rooms within a Residential-Commercial, High Density (RC-4) Zoning and 80-A Height and Bulk District. The project is associated with a Planning Code Text Amendment proposed by the Academy of Art University. The adoption hearing for the subject Planning Code Amendment will also be heard on September 22, 2016 (2016-000559PCA). This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Disapprove

(Continued from Regular Meeting of November 17, 2016)

(Proposed Continuance to July 27, 2017)

 

5f.           2007.1070C                                                                                       (S. ADINA: (415) 575-8722)

1080 BUSH STREET - Located on the north side of Bush Street between Leavenworth and Jones Streets, Lot 015 in Assessor’s Block 0276 (District 3) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 317 and 303, for the conversion of 15 Residential Hotel Rooms to Student Housing. The project proposes to legalize the conversion of 15 Residential Hotel rooms to 15 Student Housing rooms within a Residential-Commercial, High Density (RC-4) Zoning and 65-A Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Disapprove

(Continued from Regular Meeting of November 17, 2016)

(Proposed Continuance to July 27, 2017)

 

5g.         2007.1071C                                                                                       (S. ADINA: (415) 575-8722)

1153 BUSH STREET - Located on the south side of Bush Street between Leavenworth and Hyde Streets, Lot 026 in Assessor’s Block 0280 (District 3) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 317 and 303, for the conversion of 15 Residential Hotel Rooms to Student Housing. The project proposes to legalize the conversion of 15 Residential and Residential Hotel rooms to 15 Student Housing rooms within a Residential-Commercial, High Density (RC-4) Zoning and 65-A Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Disapprove

(Continued from Regular Meeting of November 17, 2016)

(Proposed Continuance to July 27, 2017)

 

6.            2012.0107C                                                                               (C. CAMPBELL: (415) 575-8732)

460 TOWNSEND STREET  - north side of Townsend Street between 5^th and 6^th Streets; Lot 023 in Assessor’s Block 3785 (District 6) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 845.32; for the conversion from Production, Distribution, and Repair (PDR) to an Educational Services use by the Academy of Art University. The project proposes to legalize the conversion from industrial/wholesale to educational services for classrooms, studios, student and faculty lounges within a WSoMa Mixed-Use Office (WMUO) Zoning District, the Western SoMa Special Use District, and an 85-X Height and Bulk District.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of November 17, 2016)

(Proposed Continuance to July 27, 2017)

 

7.            2012.0720C                                                                                       (S. ADINA: (415) 575-8722)

466 TOWNSEND STREET  - north side Townsend Street between 5^th and 6^th Streets; Lot 005 in Assessor’s Block 3785 (District 6) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 845.32, for the conversion from Production, Distribution and Repair (PDR) to an Educational Services use by the Academy of Art University. This project proposes to legalize the conversion from a  Data/Telecommunications facility to educational services for classrooms, labs/art studios, an art store, and student and faculty lounges within a WSoMa Mixed-Use Office (WMUO) Zoning District, the Western SoMa Special Use District, and an 85-X Height and Bulk District.

                              Preliminary Recommendation: Pending

(Continued from Regular Meeting of November 17, 2016)

                        (Proposed for Continuance to July 27, 2017)

 

B.         COMMISSION MATTERS

 

8.            Consideration of Adoption:

·       Draft Minutes for January 19, 2017

 

9.            Commission Comments/Questions

·       Inquiries/Announcements.  Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).

·       Future Meetings/Agendas.  At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.

                   

C.         DEPARTMENT MATTERS

 

10.          Director’s Announcements

 

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

              

D.         GENERAL PUBLIC COMMENT – 15 MINUTES

 

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items.  With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting.  Each member of the public may address the Commission for up to three minutes.

 

E.               REGULAR CALENDAR 

 

The Commission Hearing Procedures provide for presentations by staff; followed by the project sponsor team; followed by public comment for and against the proposal.  Please be advised that the project sponsor team includes: the sponsor(s) or their designee, lawyers, architects, engineers, expediters, and/or other advisors.

 

12.                                                                                                                     (D. LANDIS; (415) 575-9118)

FY 2017-2019 PROPOSED DEPARTMENT BUDGET and WORK PROGRAM - Informational Presentation of the Department's proposed revenue and expenditure budget in FY 2017-2018 and FY2018-2019, including grants, capital budget requests, and staffing changes; high-level work program activities for the Department in FY 2017-2018 and FY2018-2019; and proposed dates where budget items will be discussed during the budget process.

Preliminary Recommendation:  None – Informational

 

13.          2008.0586DVA                                                                                    (S. SANCHEZ: (415) 558-6350)

ACADEMY OF ART UNIVERSITY (AAU) DEVELOPMENT AGREEMENT (DA) APPLICATION  - Informational Presentation to discuss the Term Sheet for Global Resolution between the City & County of San Francisco and AAU.  The Term Sheet represents a proposed resolution to outstanding land use matters for properties in San Francisco used or controlled by AAU.

Preliminary Recommendation:  None – Informational

 

14.          2014-001965PCA                                                                            (A. STARR: (415) 558-6362)

               ARTICLE 7: PHASE 2 OF THE CODE REORGANIZATION AND SIMPLIFICATION PROJECT - Department sponsored Planning Code Amendment to reorganize Article 7 and to update, correct, clarify, and simplify Code language in other Planning Code Sections; requiring Conditional Use authorization for Bars, and Liquor Stores on the first floor in the Noriega, Irving, Taraval, and Judah Neighborhood Commercial Districts; enacting permanent controls requiring Conditional Use authorization for Medical Cannabis Dispensaries in the Noriega, Irving, Taraval, and Judah Neighborhood Commercial Districts; require Conditional Use authorization for Personal Services on the second floor in the Noriega, Irving, Taraval, and Judah Neighborhood Commercial Districts; prohibit Kennels, Large Scale Urban Agriculture, Business Hours from 2 a.m. to 6 a.m., and the demolition or merge of units on the second story and above in the North Beach Neighborhood Commercial District; preserve the small storefronts, street frontage and prohibit vehicular access on certain streets within the North Beach NCD and SUD; create the definition of Special Food Manufacturing and amending the Eating and Drinking Controls for the North Beach SUD; requiring Conditional Use for Bars and Principally Permitting Restaurants in the Broadway NCD; 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, and adopting findings of public convenience, necessity, and welfare under Planning Code Section 302.

               Preliminary Recommendation:  Adopt a Recommendation for Approval

                    (Continued from Regular Meeting of November 17, 2016)

 

15a.      2014.1302CUA                                                                                   (R. SUCRE: 415/575-9108)

2906 FOLSOM STREET - located at the southwest corner of 25th and Folsom Streets, Lot 001 in Assessor’s Block 6525 (District 8) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 317, for a residential merger at 2906 Folsom Street. Currently, the subject property possesses four dwelling units. The proposed project would demolish the existing garages, subdivide the existing lot into two lots, reconfigure and retain two dwelling units in 2906 Folsom Street, and construct two new dwelling units at 2904 Folsom Street and 3203 25th Street.  Overall, the project would maintain four dwelling units on the project site. The project site is located within a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Disapprove

 

15b.       2014.1302VAR                                                                                   (R. SUCRE: 415/575-9108)

2906 FOLSOM STREET - located at the southwest corner of 25th and Folsom Streets, Lot 001 in Assessor’s Block 6525 (District 8) - Request for a Variance from the Zoning Administrator to address the requirements for minimum lot width and area (Planning Code Section 121) and rear yard (Planning Code Section 134). The proposed project would demolish the existing garages on the project site, subdivide the existing lot into two lots, reconfigure and retain two dwelling units in 2906 Folsom Street, and construct two new dwelling units at 2904 Folsom Street and 3203 25th Street.  Overall, the project would maintain four dwelling units on the project site. The project would create two lots, which are narrower than 25-ft and less than 2,500 square feet, and would construct new dwelling units within the required rear yard. The project site is located within a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District.

 

16.          2016-012471CUA                                                                           (S. YOUNG: (415) 558-6346)

2086 UNION STREET - north side between Webster Street and Buchanan Street, Lot 016 in Assessor’s Block 0532 (District 2); Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 303.1, 703.3, and 703.4 to establish a Formula Retail Use within the Union Street Neighborhood Commercial District and 40-X Height and Bulk District.  The proposal is to convert a vacant ground floor commercial space with approximately 1,670 square feet of floor area (previously occupied by “Nine West”, a retail store use) into a Formula Retail Use (d.b.a. Sweaty Betty, a British retailer specializing in women’s activewear). This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Approve with Conditions

 

F.                DISCRETIONARY REVIEW CALENDAR 

 

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

 

17a.       2015-013066DRP-02                                                                 (W. FARRENS: (415) 575-9172)

2600 PACIFIC AVENUE – northwest corner of Pierce Street and Pacific Avenue, Lot 003 in Assessor’s Block 0584 (District 2); Requests for Discretionary Review of Building Permit Application No. 2016.02.03.8723, proposing a horizontal addition at the rear of the top floor of a three-story single-family house. The project site is located within a 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 Analysis

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

 

17b.       2015-013066VAR                                                                      (W. FARRENS: (415) 575-9172)

2600 PACIFIC AVENUE – northwest corner of Pierce Street and Pacific Avenue, Lot 003 in Assessor’s Block 0584 (District 2) - Request for Rear Yard Variance. The project proposes a horizontal addition at the rear of the top floor of a three-story single-family house. The proposed addition would encroach approximately 7 feet into the required rear yard; therefore, the project requires a Variance from the Rear Yard requirements of the Planning Code. The project site is located within a RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District.

 

18.             2015-014722DRP                                                                            (L. AJELLO: (415) 575-9142)

3239 STEINER STREET - west side between Lombard and Greenwich Streets; Lot 003A in Assessor’s Block 0511 (District 2) - Request for Discretionary Review of Building Permit Application No. 2015.10.29.1119 proposing façade changes and a small increase in the volume of the fourth floor to enclose the previously-approved open stairs to the roof and accommodate a new motorized roof hatch at the front of the four-story two-unit residential building within a RH-2 (Residential House, Two-Family) District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Abbreviated Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

                             

G.               PUBLIC COMMENT

 

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items.  With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting with one exception.  When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Commission has closed the public hearing, your opportunity to address the Commission must be exercised during the Public Comment portion of the Calendar.  Each member of the public may address the Commission for up to three minutes.

 

The Brown Act forbids a commission from taking action or discussing any item not appearing on the posted agenda, including those items raised at public comment.  In response to public comment, the commission is limited to:

 

(1)  responding to statements made or questions posed by members of the public; or

(2)  requesting staff to report back on a matter at a subsequent meeting; or

(3)  directing staff to place the item on a future agenda.  (Government Code Section 54954.2(a))

 

Adjournment

Hearing Procedures

The Planning Commission holds public hearings regularly, on most Thursdays. The full hearing schedule for the calendar year and the Commission Rules & Regulations may be found online at: www.sfplanning.org.

 

Public Comments: Persons attending a hearing may comment on any scheduled item.

v  When speaking before the Commission in City Hall, Room 400, please note the timer indicating how much time remains.  Speakers will hear two alarms.  The first soft sound indicates the speaker has 30 seconds remaining.  The second louder sound indicates that the speaker’s opportunity to address the Commission has ended.

 

Sound-Producing Devices Prohibited: The ringing of and use of mobile phones and other sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal of any person(s) responsible for the ringing or use of a mobile phone, pager, or other similar sound-producing electronic devices (67A.1 Sunshine Ordinance: Prohibiting the use of cell phones, pagers and similar sound-producing electronic devices at and during public meetings).

 

For most cases (CU’s, PUD’s, 309’s, etc…) that are considered by the Planning Commission, after being introduced by the Commission Secretary, shall be considered by the Commission in the following order:

 

1. A thorough description of the issue(s) by the Director or a member of the staff.

2. A presentation of the proposal by the Project Sponsor(s) team (includes sponsor or their designee, lawyers, architects, engineers, expediters, and/or other advisors) would be for a period not to exceed 10 minutes, unless a written request for extension not to exceed a total presentation time of 15 minutes is received at least 72 hours in advance of the hearing, through the Commission Secretary, and granted by the President or Chair.

3. A presentation of opposition to the proposal by organized opposition for a period not to exceed 10 minutes (or a period equal to that provided to the project sponsor team) with a minimum of three (3) speakers.  The intent of the 10 min block of time provided to organized opposition is to reduce the number of overall speakers who are part of the organized opposition.  The requestor should advise the group that the Commission would expect the organized presentation to represent their testimony, if granted.  Organized opposition will be recognized only upon written application at least 72 hours in advance of the hearing, through the Commission Secretary, the President or Chair.  Such application should identify the organization(s) and speakers.

4. Public testimony from proponents of the proposal:  An individual may speak for a period not to exceed three (3) minutes.

5. Public testimony from opponents of the proposal:  An individual may speak for a period not to exceed three (3) minutes.

6. Director’s preliminary recommendation must be prepared in writing.

7. Action by the Commission on the matter before it.

8. In public hearings on Draft Environmental Impact Reports, all speakers will be limited to a period not to exceed three (3) minutes.

9.          The President (or Acting Chair) may impose time limits on appearances by members of the public and may otherwise exercise his or her discretion on procedures for the conduct of public hearings.

10.      Public comment portion of the hearing shall be closed and deliberation amongst the Commissioners shall be opened by the Chair;

11.      A motion to approve; approve with conditions; approve with amendments and/or modifications; disapprove; or continue to another hearing date, if seconded, shall be voted on by the Commission.

 

Every Official Act taken by the Commission must be adopted by a majority vote of all members of the Commission, a minimum of four (4) votes.  A failed motion results in the disapproval of the requested action, unless a subsequent motion is adopted. Any Procedural Matter, such as a continuance, may be adopted by a majority vote of members present, as long as the members present constitute a quorum (four (4) members of the Commission).

 

For Discretionary Review cases that are considered by the Planning Commission, after being introduced by the Commission Secretary, shall be considered by the Commission in the following order:

 

1.          A thorough description of the issue by the Director or a member of the staff.

2.          A presentation by the DR Requestor(s) team (includes Requestor(s) or their designee, lawyers, architects, engineers, expediters, and/or other advisors) would be for a period not to exceed five (5) minutes for each requestor.

3.          Testimony by members of the public in support of the DR would be up to three (3) minutes each.

4.          A presentation by the Project Sponsor(s) team (includes Sponsor(s) or their designee, lawyers, architects, engineers, expediters, and/or other advisors) would be for a period up to five (5) minutes, but could be extended for a period not to exceed 10 minutes if there are multiple DR requestors.

5.          Testimony by members of the public in support of the project would be up to three (3) minutes each.

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.