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.             2014-0936DRP                                                                                           (E. JARDINES: (415) 575-9144)

590 LELAND AVENUE - located on the north side of Leland Avenue and west of Hahn Street; Lots: 061, 062, 063, 064, 065 in Assessor’s Block 6243 (District 10) - Request for Discretionary Review of Building Permit Application No. 2014.06.06.7762, proposing the demolition of an existing church and construction of five new three-story, single-family homes (addressed as 579, 583, and 589 Raymond Avenue, and 586 and 590 Leland Avenue). The Project 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 Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Full Analysis Discretionary Review

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

(Proposed for Continuance to January 12, 2017)

 

2.             2016-00613CUA                                                                                        (E. JARDINES: (415) 575-9144)

1245 ALABAMA STREET – located on the east side of Alabama Street between 24th and 25th Streets; Lot 027 and in Assessor’s Block 4269 (District 9) – Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.1, 303 and 317, to allow the expansion of a child-care facility (DBA Mission Neighborhood Centers) and allow the change of use and residential conversion from the vacant St. Peter’s Convent (group housing) to a community facility (DBA Mission Neighborhood Centers) on the second floor of an existing two-story building. The subject property is within a RH-2 (Residential House-Two Family) and 40-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: Approve with Conditions

(Proposed for Continuance to January 26, 2017)

 

B.         COMMISSION MATTERS

 

3.             Consideration of Adoption:

·         Draft Minutes for December 8, 2016

Draft Minutes for December 15, 2016 – Joint Hearing with Rec/Park Commission

Draft Minutes for December 15, 2016

 

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.             2015-004827ENV                                                                                        (C. THOMAS: (415) 575-9036)

ALAMEDA CREEK RECAPTURE PROJECT - Public Hearing on the Draft Environmental Impact Report. The proposed project is located in Alameda County, within the Sunol Valley on watershed lands owned by the City and County of San Francisco and managed by the San Francisco Public Utilities Commission (SFPUC). The proposed project would recapture water that the SFPUC will release from the Calaveras Reservoir and bypass around the Alameda Creek Diversion Dam when the SFPUC implements instream flow schedules required for future operations of Calaveras Reservoir. Water would be pumped from an existing quarry pit in the Sunol Valley, which collects Alameda Creek water through subsurface seepage, to the SFPUC’s regional distribution system. No construction would occur in Alameda Creek.

Preliminary Recommendation: Review and Comment

Note: Written comments will be accepted at the Planning Department until 5:00 p.m. on January 17, 2017.

 

8.             2009.0160E                                                                                                  (M. JACINTO: (415) 575-9033)

1500-1540 MARKET STREET/ONE OAK STREET - Public Hearing on the Draft Environmental Impact Report. The approximately 18,375-square-foot project site (Assessor Block 0836, Lots: 001, 002, 003, 004, 005) (District 5) is located at the intersection of Market and Oak Streets at Van Ness Avenue in the C-3-G (Downtown Commercial, General) use district, the Van Ness and Market Downtown Residential Special Use District, and is within a 120/400-R-2 Height and Bulk District. The project entails demolition of the site’s two existing buildings (at 1500 Market Street on Lot 1, currently accommodating convenience retail use; and 1540 Market Street on Lot 5, occupied by office use) and construction of a 310-unit, 40-story residential tower (to a height of 420 foot-tall, including rooftop mechanical equipment) with ground-floor commercial space, an off-street loading space, and subsurface parking garage with 155 spaces, resident bicycle parking in a second-floor mezzanine and bicycle parking for visitors in racks on adjacent sidewalks. The project also includes construction of a public plaza within the Oak Street right-of-way adjacent the building site; installation of canopies within the Oak Street plaza and in the sidewalk at the northeast corner of Market and Polk Streets to reduce pedestrian winds; maintenance to the existing station elevator that would provide continual access during project construction; and establishment of a southbound contra-flow fire lane for the exclusive use of emergency vehicle use along the east side of Franklin Street between Market and Oak Streets.  (JACINTO)

Preliminary Recommendation: Review and Comment

Note: Written comments will be accepted at the Planning Department until 5:00 p.m. on January 10, 2017.

 

9.             2016-013419PCA                                                                                      (D. SANCHEZ: (415) 575-9082)

NEW HOTELS AND MOTELS NEAR PLACES OF ENTERTAINMENT [BOARD FILE NO. 161064] – Administrative Code and Planning Code Amendment - Ordinance introduced by Supervisor Breed Ordinance to hold a hearing on noise issues related to proposed projects for construction of new hotels and motels, or conversions of existing structures to hotel or motel uses, to be located within 300 feet of a Place of Entertainment, and to provide recommendations to the Planning Department and/or Department of Building Inspection regarding such projects, and require the Planning Department and Planning Commission to consider noise issues when reviewing proposed hotel and motel projects; 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 with Modifications

 

10.          2014.0964ENX                                                                                              (J. DISALVO: (415) 575-9182)

1228 FOLSOM STREET - located on the north side of Folsom Street and the south side of Clementina Street between 8^th and 9^th Streets, Lots 011, 037 and 038 in Assessor’s Block 3729 (District 9) - Request for Large Project Authorization, pursuant to Planning Code Section 329, for the demolition of three two-story industrial warehouse buildings and new construction of a four- and-six-story residential building (measuring approximately 29,272 gross square feet), 45-ft in height along Clementina Street and 65-ft along Folsom Street, with 24 dwelling units, 15 below-grade off-street parking spaces, 25 Class 1 bicycle parking spaces, and 3 Class 2 bicycle parking spaces. Under the Large Project Authorization, the project is seeking exceptions to certain Planning Code requirements, including: 1) rear yard (Planning Code Section 134); 2) permitted obstructions (Planning Code Section 136); 3) dwelling unit exposure (Planning Code 140); and, 4) off-street parking (Planning Code Section 151.1). The subject property is located within the RED-MX (Residential  Enclave-Mixed), and the Folsom Street NCT (Neighborhood Commercial Transit) Zoning Districts, 45-X and 65-X Height and Bulk Districts, and the Western SoMa Special Use District.  Since the project is partially located within the Folsom Street NCT, the project is requesting a variance from the Zoning Administrator to address the Planning Code requirements for: permitted obstructions (Planning Code Section 136), (See Case No. 2014.0964VAR). 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 October 13, 2016)

 

11.          2015-002604ENX                                                                                                   (D. VU: (415) 575-9120)

667 FOLSOM & 120 HAWTHORNE STREETS - south side between 3^rd and Hawthorne Streets – Lots 078, 081 & 082 in Assessor’s Block 3750 (District 6) - Request for Large Project Authorization, pursuant to Planning Code Sections 329 and 841 including exceptions from the rear yard, dwelling unit exposure, off-street loading and bulk requirements pursuant to Planning Code Sections 134, 140, 152.1 and 270, respectively, for demolition of the existing structures totaling 25,914 square feet and construction of a new 130-ft. tall, thirteen-story mixed-use development totaling 192,771 square feet that includes 8,873 square feet of ground floor commercial use, 183,898 square feet of residential use for 230 dwelling units, approximately 14,050 square feet of common and 1,121 square feet of publicly accessible open space, 133 Class 1 and fifteen Class 2 bicycle parking spaces at the ground floor. The project does not include any off-street vehicular parking. The subject properties are located in the Mixed Use-Residential (MUR) Zoning and 130-G 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: 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.

 

12.          2015-000487DRP                                                                                              (N. TRAN: (415) 575-9174)

2438 30^TH AVENUE – Located on the east side of 30th Avenue, between Taraval and Ulloa Avenues; Lot 31 in Assessor’s Block 2396 (District 4) - Request for Discretionary Review of Building Permit Application No. 2015.01.08.5238, proposing the construction of a horizontal and vertical addition with rear excavation to expand the basement, ground and 2nd levels. No work is proposed at the front façade. The Project 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 Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Abbreviated Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

                        (Continued from Regular Meeting of September 22, 2016)

 

13.          2016-000119DRM                                                                                           (J. SPEIRS: (415) 575-9106)

3015 SAN BRUNO AVENUE - east side of San Bruno Avenue, between Paul and Olmstead Streets; Lot 016 in Assessor’s Block 5467 (District 9) - Request is for a Mandatory Discretionary Review of an application for a change of use from acupuncture office to a Medical Cannabis Dispensary (MCD) at the ground story, within the NC-2 (Neighborhood Commercial – Small Scale) Zoning District and 40-X Height and Bulk District. The proposed MCD (d.b.a SBA Wellness) will be approximately 1,644 square feet in total at the ground level with a partial basement. No smoking or cultivation of cannabis is proposed on-site. The associated Building Permit Application 2016.07.28.3597 is for tenant improvements only. No exterior changes or expansions are proposed. 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 with Conditions

 

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.