ROLL CALL:                                                                         

                                            President:                                Rodney Fong                                                                                     Vice-President:            Cindy Wu

                                            Commissioners:                    Michael J. Antonini; Rich Hillis; Christine Johnson

                                                                                                Kathrin Moore; Dennis Richards

 

A.            CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

 

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

 

1.                   2013.0862CE                                                                                              (M. WOODS: (415) 558-6315)

1631-1639 OAK STREET AND 1520-1530 PAGE STREET - through lots between Masonic Avenue and Ashbury Street; Lots 002, 003, 008, 022, 023 and 024 in Assessor’s Block 1223 - Request for Conditional Use Authorization for a Planned Unit Development (PUD) pursuant to Planning Code Sections 124, 134, 209.3(h), 303 and 304 to allow a two-phase expansion of the Urban School of San Francisco. Phase 1 proposes relocation of an existing single-family house and construction of a 40-foot tall, approximately 53,800 square foot athletic building (to contain a gymnasium, classrooms, offices and a ground floor and subterranean parking garage) on the Oak Street portion of the site. Phase 2 proposes the conversion of the two-story former St. Agnes gymnasium to a 315-seat theater for the Urban School on the Page Street portion of the site.  The proposed project would increase the school’s enrollment by 40 for a total enrollment of up to 420 students. The project seeks modifications from the Planning Code’s floor area ratio and rear yard requirements via the CU/PUD process. The project site is located in a RM-1 (Residential, Mixed, Low Density) District, and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Pending

(Proposed for Continuance to February 5, 2015)

 

2.                   2014.1047C                                                                                                    (L. AJELLO:  (415) 575-9142)

919 CLEMENT STREET - south side between 10th and 11^th Avenues; Lot 001 in Assessor’s Block 1442 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303(c), 303.1, and 703.4 to legalize the establishment of a Formula Retail financial service (d.b.a Cathay Bank) within the Inner Clement NCD (Neighborhood Commercial District) and 40-X Height and Bulk District.  The space was previously occupied by Gateway Bank. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation:  Pending

(Proposed for Continuance to February 12, 2015)

 

B.         COMMISSION MATTERS

 

3.             Consideration of Adoption:

·         Draft Minutes for January 8, 2015

 

4.             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

 

5.             Director’s Announcements

               

6.             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.

 

7.                                                                                                                              (K. DEMARTINI: (415) 575-9118)

FY 2015-2017 PROPOSED DEPARTMENT BUDGET AND WORK PROGRAM – An Informational Presentation of the Department's revenue and expenditure budget in FY 2015-2016 and FY2016-2017, including grants, capital budget requests, and proposed staffing changes; high-level work program activities for the department in FY 2015-2016 and FY2016-2017; department performance measures; and proposed dates where budget items will be discussed during the budget process. 

Preliminary Recommendation: None - Informational

 

8.             2010.0305E                                                                                                   (K. UCHIDA: (415) 575-9048)

SUNNYDALE-VELASCO HOPE SF MASTER PLAN PROJECT -  48.8-acre site in Visitacion Valley bounded by Hahn Street to the east, Velasco Avenue to the south, and McLaren Park to the north and west; Assessor’s Blocks/Lots: 6310/001, 6311/001, 6312/001, 6313/001, 6314/001, and 6315/001. – Public Hearing on the Draft Environmental Impact Report. The proposed project includes demolition of all 785 existing family and senior public housing units at the Sunnydale and Velasco public housing complexes, and construction of: up to 1,700 housing units, including one-for-one public housing replacement units, affordable rental units, and market rate and affordable for-sale units; up to 72,500 sf of community service, recreational, and educational facilities; 11.5 acres of new parks and open spaces; a new and reconfigured street network; and up to 16,200 sf of neighborhood-serving retail. The project site is located in a Residential-Mixed Low Density (RM-1) Use District.  The proposed project would require rezoning the project site to create a Special Use District to allow certain non-residential uses, such as community services, retail, and recreational and educational facilities.  The environmental document for this project is a joint document (Environmental Impact Report/Environmental Impact Statement), which satisfies both the California Environmental Quality Act and the National Environmental Policy Act.

NOTE: Written comments will be accepted at the Planning Department until 5:00 p.m. on February 17, 2015.

 

9.             2012.1398E                                                                                              (C. FORDHAM: (415) 575-9071)

1601 MARIPOSA STREET – 3.36-acre project site on portions of two blocks (Assessor’s Block 4005 and 4006) located in the Showplace Square/Potrero Subarea of the Eastern Neighborhoods Rezoning and Area Plan bounded by Mariposa Street to the north, Arkansas Street to the east, 18th Street to the south, and Carolina Street to the west. - Public Hearing on the Draft Environmental Impact Report. The proposed project would demolish three existing one- and two-story commercial, office, and warehouse buildings and associated surface parking lots and construct two four-story mixed-use buildings. Approximately 320 residential units and 10,000 square feet of ground floor commercial space would be distributed throughout both buildings. A two-level below-grade parking garage would contain approximately 265 to 275 parking spaces and be accessible from Arkansas Street and 18th Street. The proposed buildings would have heights ranging from 31 feet to 40 feet. A total of approximately 39,195 gsf of publicly accessible and private open space would be developed throughout the project site. The project site is located in an Urban Mixed-Use (UMU) Use District. 

NOTE: Written comments will be accepted at the Planning Department until 5:00 p.m. on February 17, 2015.

 

10a.        2012.0203BC                                                                                               (C. TOWNES: (415) 575-9195)

100 HOOPER STREET - located in the northeastern portion of San Francisco on the block bounded by Channel, Carolina Eighth, Hooper and Seventh Streets, Lot 003 in Assessor’s Block 3808 - Request for Conditional Use Authorization and Planned Unit Development (PUD), pursuant to Planning Code Section 219.1, 303, and 304 for the construction of three new, up to 58-foot tall, four-story buildings, including a 56,402 gsf  Production, Distribution and Repair (PDR) “Workshop Building”, a 171,797 gsf PDR/office “North Building, and a 199,056 gsf PDR/office “South Building” (totaling 427,255 gsf), 86 off-street parking spaces, 152 Class 1 bicycle parking spaces, and 31 Class 2 bicycle parking spaces. Under the PUD, the project is seeking a modification to certain Planning Code requirements, including: 1) obstructions (Planning Code Section 136), 2) off-street loading (Planning Code Section 152), and 3) off-street car-sharing (Planning Code Section 166). The subject property is located within the PDR-1-D (Production, Distribution and Repair- Design) Zoning District and 58-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve with Conditions

 

10b.        2012.0203BC                                                                                            (C. TOWNES: (415) 575-9195)

100 HOOPER STREET - located in the northeastern portion of San Francisco on the block bounded by Channel, Carolina Eighth, Hooper and Seventh Streets, Lot 003 in Assessor’s Block 3808 - Request for an Office Development Authorization, pursuant to Planning Code Section 321 that would authorize the construction of 284,471 gross square feet of office use from the Office Development Annual Limit Program. The subject property is located within the PDR-1-D (Production, Distribution and Repair- Design) Zoning District and 58-X Height and Bulk District. 

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.

 

11.          2014.0728DDD                                                                                  (M. BOUDREAUX: (415) 575-9140)

130 RANDALL STREET – north side between Church and Chenery Streets; Lot 022 in Assessor’s Block 6656 - Request for Discretionary Review of Building Permit Application No. 201404113060 proposing a one-story vertical addition, three-story rear addition, roof deck at the fourth level, and façade modifications on an existing two-story single-family dwelling 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.

Staff Analysis: Abbreviated Discretionary Review

                Preliminary Recommendation: Do Not Take Discretionary Review and Approve

 

12.          2014.0797D                                                                                                      (A. KIRBY: (415) 575-9133)

435 10^th AVENUE - west side between Geary Boulevard and Anza Street; Lot 006 in Assessor’s Block 1534 -  Request for Discretionary Review of Building Permit Application No. 2014.03.07.0225 proposing to construct a three-story horizontal addition at the rear of a single-family dwelling located 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 the 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 as Modified

(Continued from Regular Meeting of September 4, 2014)

 

            13.        2014-000050DRP                                                                                          (S. VELLVE: (415) 558-6263)

238 PRESIDIO AVENUE - – east side between Clay and Washington Streets, Lot 014B in Assessor’s Block 0998 – Request for Discretionary Review of Building Permit Application No. 2014.04.24.4103 proposing to construct a one-story vertical addition and a three-story horizontal addition at the rear of the three-story, single-family dwelling within a RM-1 (Mixed, Low Density) Zoning District and 40-X Height and Bulk District.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Abbreviated Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve as Modified

 

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	B	15 calendar days	Board of Appeals**
Conditional Use Authorization and Planned Unit Development	C	30 calendar days	Board of Supervisors
Building Permit Application (Discretionary Review)	D	15 calendar days	Board of Appeals
EIR Certification	E	30 calendar days	Board of Supervisors
Coastal Zone Permit	P	15 calendar days	Board of Appeals
Planning Code Amendments by Application	T	30 calendar days	Board of Supervisors
Variance (Zoning Administrator action)	V	10 calendar days	Board of Appeals
Permit Review in C-3 Districts, Downtown Residential Districts and Large Project Authorization in Eastern Neighborhoods	X	15 calendar days	Board of Appeals
Zoning Map Change by Application	Z	30 calendar days	Board of Supervisors

 

* Appeals of Planning Commission decisions on Building Permit Applications (Discretionary Review) must be made within 15 days of the date the building permit is issued/denied by the Department of Building Inspection (not from the date of the Planning Commission hearing).  Appeals of Zoning Administrator decisions on Variances must be made within 10 days from the issuance of the decision letter.

 

**An appeal of a Certificate of Appropriateness or Permit to Alter/Demolish may be made to the Board of Supervisors if the project requires Board of Supervisors approval or if the project is associated with a Conditional Use Authorization appeal.  An appeal of an Office Allocation may be made to the Board of Supervisors if the project requires a Conditional Use Authorization.

 

For more information regarding the Board of Appeals process, please contact the Board of Appeals at (415) 575-6880.  For more information regarding the Board of Supervisors process, please contact the Clerk of the Board of Supervisors at (415) 554-5184 or board.of.supervisors@sfgov.org.

 

Challenges

Pursuant to Government Code Section 65009, if you challenge, in court, (1) the adoption or amendment of a general plan, (2) the adoption or amendment of a zoning ordinance, (3) the adoption or amendment of any regulation attached to a specific plan, (4) the adoption, amendment or modification of a development agreement, or (5) the approval of a variance, conditional-use authorization, or any permit, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission, at, or prior to, the public hearing.

 

CEQA Appeal Rights under Chapter 31 of the San Francisco Administrative Code

If the Commission’s action on a project constitutes the Approval Action for that project (as defined in S.F. Administrative Code Chapter 31, as amended, Board of Supervisors Ordinance Number 161-13), then the CEQA determination prepared in support of that Approval Action is thereafter subject to appeal within the time frame specified in S.F. Administrative Code Section 31.16.  This appeal is separate from and in addition to an appeal of an action on a project.  Typically, an appeal must be filed within 30 calendar days of the Approval Action for a project that has received an exemption or negative declaration pursuant to CEQA.  For information on filing an appeal under Chapter 31, contact the Clerk of the Board of Supervisors at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102, or call (415) 554-5184.  If the Department’s Environmental Review Officer has deemed a project to be exempt from further environmental review, an exemption determination has been prepared and can be obtained on-line at http://www.sf-planning.org/index.aspx?page=3447. Under CEQA, in a later court challenge, a litigant may be limited to raising only those issues previously raised at a hearing on the project or in written correspondence delivered to the Board of Supervisors, Planning Commission, Planning Department or other City board, commission or department at, or prior to, such hearing, or as part of the appeal hearing process on the CEQA decision.

 

Protest of Fee or Exaction

You may protest any fee or exaction subject to Government Code Section 66000 imposed as a condition of approval in accordance with Government Code Section 66020.  The protest must satisfy the requirements of Government Code Section 66020(a) and must be filed within 90 days of the date of the first approval or conditional approval of the development referencing the challenged fee or exaction.  For purposes of Government Code Section 66020, the date of imposition of the fee shall be the date of the earliest discretionary approval by the City of the subject development.  

 

The Planning Commission’s approval or conditional approval of the development subject to the challenged fee or exaction as expressed in its Motion, Resolution, or Discretionary Review Action or the Zoning Administrator’s Variance Decision Letter will serve as Notice that the 90-day protest period under Government Code Section 66020 has begun.