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.            2015-005862ENX                                                                    (K. DURANDET: (415) 575-6816)

975 BRYANT STREET - south side of Bryant Street between 7^th  and 8^th Streets,  Lot 044  in

Assessor’s Block 3780 (District 6) - Request for a Large Project Authorization (LPA) pursuant to Planning Code Section (§) 329 to demolish the existing 32,407 square foot industrial building, currently authorized as a retail use and parking lot, and to construct a new 4-story (48-foot) over basement, 220,245 sq. ft. mixed-use building with 185 unit residential dwelling units, 2,990 sq. ft. of ground floor retail, and 51,085 sq. ft. of below grade parking containing 135 auto,123 Class 1 and 16 Class 2 bicycle, parking spaces. The proposed building will provide a total of 2,969 sq. ft. of publicly accessible open space adjacent to Kate Street, 1,440 sq. ft. of private open space, and 10,985 sq. ft. of common open space provided in courtyards and a roof deck. Under the LPA the project is seeking exceptions for required Rear Yard (§134), Permitted Obstructions (§136) and Dwelling Unit Exposure (§140). The subject property is located within the UMU (Urban Mixed-Use) Zoning District, and a 48-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Approve with Conditions

(Proposed for Continuance to August 24, 2017)

 

2.            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)

NOTE: On February 2, 2017 without hearing, the Commission continued the matter to July 27, 2017 by a vote of +4 -0 (Fong, Richards, Melgar absent).

(Proposed for Continuance to November 2, 2017)

 

3a.             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 Hearing of November 17, 2016)

NOTE: On February 2, 2017 without hearing, the Commission continued the matter to July 27, 2017 by a vote of +4 -0 (Fong, Richards, Melgar absent).

(Proposed for Continuance to November 2, 2017)

 

3b.       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 Hearing of November 17, 2016)

NOTE: On February 2, 2017 without hearing, the Commission continued the matter to July 27, 2017 by a vote of +4 -0 (Fong, Richards, Melgar absent).

(Proposed for Continuance to November 2, 2017)

 

3c.          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 Hearing of November 17, 2016)

NOTE: On February 2, 2017 without hearing, the Commission continued the matter to July 27, 2017 by a vote of +4 -0 (Fong, Richards, Melgar absent).

(Proposed for Continuance to November 2, 2017)

 

4a.          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 Hearing of November 17, 2016)

NOTE: On February 2, 2017 without hearing, the Commission continued the matter to July 27, 2017 by a vote of +4 -0 (Fong, Richards, Melgar absent).

(Proposed for Continuance to November 2, 2017)

 

4b.         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 Hearing of November 17, 2016)

NOTE: On February 2, 2017 without hearing, the Commission continued the matter to July 27, 2017 by a vote of +4 -0 (Fong, Richards, Melgar absent).

(Proposed for Continuance to November 2, 2017)

 

4c.          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 Hearing of November 17, 2016)

NOTE: On February 2, 2017 without hearing, the Commission continued the matter to July 27, 2017 by a vote of +4 -0 (Fong, Richards, Melgar absent).

(Proposed for Continuance to November 2, 2017)

 

4d.         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 Hearing of November 17, 2016)

NOTE: On February 2, 2017 without hearing, the Commission continued the matter to July 27, 2017 by a vote of +4 -0 (Fong, Richards, Melgar absent).

(Proposed for Continuance to November 2, 2017)

 

4e.          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 Hearing of November 17, 2016)

NOTE: On February 2, 2017 without hearing, the Commission continued the matter to July 27, 2017 by a vote of +4 -0 (Fong, Richards, Melgar absent).

(Proposed for Continuance to November 2, 2017)

 

4f.           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 Hearing of November 17, 2016)

NOTE: On February 2, 2017 without hearing, the Commission continued the matter to July (Proposed for Continuance to November 2, 2017)

 

               4g.         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 Hearing of November 17, 2016)

NOTE: On February 2, 2017 without hearing, the Commission continued the matter to July 27, 2017 by a vote of +4 -0 (Fong, Richards, Melgar absent).

(Proposed for Continuance to November 2, 2017)

 

4h.         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 Hearing of November 17, 2016)

NOTE: On February 2, 2017 without hearing, the Commission continued the matter to July 27, 2017 by a vote of +4 -0 (Fong, Richards, Melgar absent).

(Proposed for Continuance to November 2, 2017)

 

4i.           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 Hearing of November 17, 2016)

NOTE: On February 2, 2017 without hearing, the Commission continued the matter to July 27, 2017 by a vote of +4 -0 (Fong, Richards, Melgar absent).

(Proposed for Continuance to November 2, 2017)

 

   5.         2015-004297CUA                                                                                   (E. JACKSON: (415) 558-6363)

271 UPPER TERRACE  - between Upper Terrace, Roosevelt Way, and 17^th Street; Lots 032, 034, and 035 in Assessor’s Block 2628 (District 8) - Request for Conditional Use Authorization, pursuant to Planning Sections 303, 306.7, and 317, and potentially 249.77, to demolish one existing single-family structure, modify one existing two-family structure, divide three lots into five lots total, and construct four new two-family structures within an RH-2 (Residential, House, Two-Family) Zoning District with 40-X Height and Bulk designation.

Preliminary Recommendation: Pending

(Proposed for Indefinite Continuance)

 

 

6.            2015-018245DRP                      (M. DITO: (415) 575-9164, E. SAMONSKY: (415) 575-9112)

1187 PALOU AVENUE - south side between Ingalls and Hawes Streets; Lot 014 in Assessor’s Block 4757 (District 10) - Request for Discretionary Review of Building Permit Application No. 2015.11.10.2336 proposing to legalize one dwelling unit at the first floor level, pursuant to Ordinance 43-14, and to remove an unauthorized dwelling unit at the second floor (by merging with the existing dwelling unit) from a property containing a single-family home within the RH-1 (Residential House, One-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Pending

WITHDRAWN

 

B.         CONSENT CALENDAR

 

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

 

C.         COMMISSION MATTERS

 

7.            Consideration of Adoption:

 

·       Draft Minutes for July 13, 2017

 

8.            Commission Comments/Questions

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

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

D.         DEPARTMENT MATTERS

 

9.            Director’s Announcements

 

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

              

E.         GENERAL PUBLIC COMMENT – 15 MINUTES

 

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

 

F.                REGULAR CALENDAR 

 

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

 

11.                                                                                                                   (C. TEAGUE: (415) 558-9081)

INSTITUTIONAL MASTER PLAN (IMP) PROGRAM - Informational presentation providing background on the history and evolution of the IMP program since its original adoption in 1976.

Preliminary Recommendation: None – Informational

12.          2017-005439IMP                                                                          (M. WOODS: (415) 558-6315)

MULTIPLE PROPERTIES OWNED OR LEASED BY THE ACADEMY OF ART UNIVERSITY LOCATED IN THE CITY AND COUNTY OF SAN FRANCISCO - Notification by the Zoning Administrator of the filing of an Institutional Master Plan (IMP) Update by the Academy of Art University (AAU). Pursuant to Planning Code Section 304.5, the Planning Commission must hold a public hearing due to significant revisions that were not previously discussed in the IMP. This public hearing is to obtain initial feedback/comments from the Commission and public on the information contained in the Draft IMP Update. A subsequent IMP hearing will be held at a later date upon completion of a final version of the IMP. The IMP Update is available for viewing on the Planning Department’s website at: http://www.sfplanning.org, click on “Resource Center”, then “Department Publications A-Z”, then scroll to “I” for Institutional Master Plans. The IMP is also available for public viewing at the Planning Department’s Public Information Center located at 1660 Mission Street, 1^st Floor, and at the Department’s reception area located at 1650 Mission Street, 4^th Floor.           

Preliminary Recommendation: None – Informational

 

13.          2011.1356MTZ                                                                         (S. WERTHEIM: (415) 558-6612)

CENTRAL SOMA PLAN - Informational Presentation - This presentation will be a high level overview of the Central SoMa Plan and accompanying Implementation Strategy. This hearing is intended to start the process leading to initiation and eventual adoption of the Plan and accompanying legislation. For more information, go to http://centralsoma.sfplanning.org.

Preliminary Recommendation: None - Informational

 

14a.      2013.0975ENX                                                                                  (R. SUCRE: (415) 575-9108)

888 TENNESSEE STREET - located on the northwest corner of Tennessee & 20th Streets, Lot 001 in Assessor’s Block 4060 (District 10) - Request for a Large Project Authorization (LPA), pursuant to Planning Code Section 329, to demolish the existing two-story industrial building and construct a new four-story (45-feet tall) mixed-use building (measuring approximately 88,100 sq ft) with 110 dwelling units, 5,472 square feet of ground floor commercial use, 83 off-street parking spaces, and public and private open space. Under the LPA, the project is requesting exceptions to the Planning Code requirements for rear yard (Planning Code Section 134), permitted obstructions (Planning Code Section 136), dwelling unit exposure (Planning Code Section 140), street frontage (Planning Code Section 145.1), off-street loading (Planning Code Section 152.1), and measurement of height (Planning Code Section 260). The project site is located within the Dogpatch Landmark District, UMU (Urban Mixed-Use) Zoning District and 45-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

 

14b.      2013.0975SHD                                                                                 (R. SUCRÉ: (415) 575-9108)

888 TENNESSEE STREET - located on the northwest corner of Tennessee & 20th Streets, Lot 001 in Assessor’s Block 4060 (District 10) – Request for Adoption of Findings, pursuant to Planning Code Section 295, regarding the shadow study that concluded the new construction of a four-story, 45-ft tall, mixed-use building with up to 110 dwelling units would not be adverse to the use of Espirit Park, which is under the jurisdiction of the San Francisco Recreation and Park Commission. The subject property is located within the Dogpatch Landmark District, UMU (Urban Mixed-Use Zoning District) and a 45-X Height and Bulk District.

Preliminary Recommendation:  Adopt Findings

 

15.        2017-008234CUA                                                                           (C. ASBAGH: 415/575-9165)

925 MARKET STREET - 1^st Floor Mezzanine and 2^nd Floor - south side of Market Street, between 5^th and 6^th Streets; Block 3704, Lot 076 (District 4) - Request for a Conditional Use Authorization, pursuant to Planning Code Section 303 and 210.2 to allow the use of 2,400 square feet at the first floor mezzanine level and second floor from retail to general office use within the C-3-R (Downtown Retail) Zoning District and 120-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

              

G.               DISCRETIONARY REVIEW CALENDAR 

 

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

 

16a.       2015-015751DRP                      (M. DITO: (415) 575-9164, E. SAMONSKY: (415) 575-9112)

1824 JENNINGS STREET- east side between Shafter and Thomas Avenues; Lot 005 in Assessor’s Block 4790 (District 10) - Request for Discretionary Review of Building Permit Application No. 2015.11.09.2165 proposing to remove two unauthorized dwelling units (by merger of the units with the existing dwelling unit) and to legalize a dwelling unit at the first floor, pursuant to Ordinance 43-14, in an existing single family home within the RH-1 (Residential House, One-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and Approve with Conditions

 

16b.       2015-018300DRP                      (M. DITO: (415) 575-9164, E. SAMONSKY: (415) 575-9112)

1083 HOLLISTER AVENUE - south side between Ingalls and Hawes Streets; Lot 029 in Assessor’s Block 4965 (District 10) - Request for Discretionary Review of Building Permit Application No. 2015.11.10.2331 proposing to legalize one dwelling unit at the first floor level (by merger with another unauthorized dwelling unit), pursuant to Ordinance 43-14, and to remove an unauthorized dwelling unit at the second floor (by merging with the existing dwelling unit) from a property containing a single-family home within the RH-1 (Residential House, One-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

 

16c.        2015-018240DRP                      (M. DITO: (415) 575-9164, E. SAMONSKY: (415) 575-9112)

               1395 SHAFTER AVENUE - south side between Jennings and Ingalls Streets; Lot 025 in Assessor’s Block 4791 (District 10) - Request for Discretionary Review of Building Permit Application No. 2015.11.20.3191 proposing to remove three unauthorized dwelling units (by merger of the units) and to legalize a dwelling unit at the second floor, pursuant to Ordinance 43-14, in an existing single family home within the RH-1 (Residential House, One-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and Approve with Conditions

 

16d.       2015-018233DRP                      (M. DITO: (415) 575-9164, E. SAMONSKY: (415) 575-9112)

1290 SHAFTER AVENUE- north side between Ingalls and Hawes Streets; Lot 012A in Assessor’s Block 4787 (District 10) - Request for Discretionary Review of Building Permit Application No. 2015.11.20.3280 proposing to legalize one dwelling unit at the first floor level, pursuant to Ordinance 43-14, and to remove an unauthorized dwelling unit at the second floor (by merging with the existing dwelling unit) from a property containing a single-family home within the RH-1 (Residential House, One-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

 

16e.       2016-000316DRP                      (M. DITO: (415) 575-9164, E. SAMONSKY: (415) 575-9112)

1351 REVERE AVENUE - south side between Jennings and Ingalls Streets; Lot 020A in Assessor’s Block 4788 (District 10) - Request for Discretionary Review of Building Permit Application No. 2015.12.15.5196 proposing to add one dwelling unit and legalize one dwelling unit at the first floor level, pursuant to Ordinance 43-14, and to remove four unauthorized dwelling units (by merging the units with the existing unit) from a property containing a single-family home within the 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:  Full Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

 

16f.        2016-000184DRP                      (M. DITO: (415) 575-9164, E. SAMONSKY: (415) 575-9112)

38 CARR STREET - west side between Paul and Salinas Avenues; Lot 010 in Assessor’s Block 5462 (District 10) - Request for Discretionary Review of Building Permit Application No. 2015.12.02.3978 proposing the removal of two unauthorized dwelling units at the second and third floor (by merger with the existing unit) and to legalize a dwelling unit at the first floor, pursuant to Ordinance 43-14, in an existing single family home within the RH-1 (Residential House, One-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and Approve with Conditions

 

16g.       2016-000121DRP                      (M. DITO: (415) 575-9164, E. SAMONSKY: (415) 575-9112)

1050 GILMAN AVENUE - north side between Griffith and Hawes Street; Lot 006A in Assessor’s Block 4937 (District 10) - Request for Discretionary Review of Building Permit Application No. 2015.12.02.3975 proposing to remove three unauthorized dwelling units (by merger of the units) and to legalize a dwelling unit at the first floor, pursuant to Ordinance 43-14, in an existing single family home within the RH-1 (Residential House, One-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and Approve with Conditions

 

16h.       2016-000343DRP                      (M. DITO: (415) 575-9164, E. SAMONSKY: (415) 575-9112)

1656 NEWCOMB AVENUE - north side between Third and Newhall Street; Lot 006 in Assessor’s Block 5306 (District 10) - Request for Discretionary Review of Building Permit Application No. 2015.11.10.2339 proposing to remove two unauthorized dwelling units on the second and third floors (by merger with existing units) and to legalize one dwelling unit on the ground floor, pursuant to Ordinance 43-14, in an existing three family building within the 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:  Full Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

 

H.               PUBLIC COMMENT

 

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

 

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

 

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

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

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

 

Adjournment

Hearing Procedures

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

 

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

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

 

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

 

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

 

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

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

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

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

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

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

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

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

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

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

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

 

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

 

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

 

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

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

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

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

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

6. DR requestor(s) or their designees are given two (2) minutes for rebuttal.

7.          Project sponsor(s) or their designees are given two (2) minutes for rebuttal.

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

 

The Commission must Take DR in order to disapprove or modify a building permit application that is before them under Discretionary Review.  A failed motion to Take DR results in a Project that is approved as proposed.

 

Hearing Materials

Advance Submissions: To allow Commissioners the opportunity to review material in advance of a hearing, materials must be received by the Planning Department eight (8) days prior to the scheduled public hearing.  All submission packages must be delivered to1650 Mission Street, Suite 400, by 5:00 p.m. and should include fifteen (15) hardcopies and a .pdf copy must be provided to the staff planner. Correspondence submitted to the Planning Commission after eight days in advance of a hearing must be received by the Commission Secretary no later than the close of business the day before a hearing for it to become a part of the public record for any public hearing.

 

Correspondence submitted to the Planning Commission on the same day, must be submitted at the hearing directly to the Planning Commission Secretary. Please provide ten (10) copies for distribution. Correspondence submitted in any other fashion on the same day may not become a part of the public record until the following hearing.

 

Correspondence sent directly to all members of the Commission, must include a copy to the Commission Secretary (commissions.secretary@sfgov.org) for it to become a part of the public record.

 

These submittal rules and deadlines shall be strictly enforced and no exceptions shall be made without a vote of the Commission.

 

Persons unable to attend a hearing may submit written comments regarding a scheduled item to: Planning Commission, 1650 Mission Street, Suite 400, San Francisco, CA  94103-2414.  Written comments received by the close of the business day prior to the hearing will be brought to the attention of the Planning Commission and made part of the official record. 

 

Appeals

The following is a summary of appeal rights associated with the various actions that may be taken at a Planning Commission hearing.

 

Case Type	Case Suffix	Appeal Period*	Appeal Body
Office Allocation	OFA (B)	15 calendar days	Board of Appeals**
Conditional Use Authorization and Planned Unit Development	CUA (C)	30 calendar days	Board of Supervisors
Building Permit Application (Discretionary Review)	DRP/DRM (D)	15 calendar days	Board of Appeals
EIR Certification	ENV (E)	30 calendar days	Board of Supervisors
Coastal Zone Permit	CTZ (P)	15 calendar days	Board of Appeals
Planning Code Amendments by Application	PCA (T)	30 calendar days	Board of Supervisors
Variance (Zoning Administrator action)	VAR (V)	10 calendar days	Board of Appeals
Large Project Authorization in Eastern Neighborhoods	LPA (X)	15 calendar days	Board of Appeals
Permit Review in C-3 Districts, Downtown Residential Districts	DNX (X)	15-calendar days	Board of Appeals
Zoning Map Change by Application	MAP (Z)	30 calendar days	Board of Supervisors

 

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

 

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

 

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

 

An appeal of the approval (or denial) of a 100% Affordable Housing Bonus Program application may be made to the Board of Supervisors within 30 calendar days after the date of action by the Planning Commission pursuant to the provisions of Sections 328(g)(5) and 308.1(b). Appeals must be submitted in person at the Board’s office at 1 Dr. Carlton B. Goodlett Place, Room 244. For further information about appeals to the Board of Supervisors, including current fees, contact the Clerk of the Board of Supervisors at (415) 554-5184.

 

An appeal of the approval (or denial) of a building permit application issued (or denied) pursuant to a 100% Affordable Housing Bonus Program application by the Planning Commission or the Board of Supervisors may be made to the Board of Appeals within 15 calendar days after the building permit is issued (or denied) by the Director of the Department of Building Inspection. Appeals must be submitted in person at the Board's office at 1650 Mission Street, 3rd Floor, Room 304. For further information about appeals to the Board of Appeals, including current fees, contact the Board of Appeals at (415) 575-6880.

 

Pursuant to California Government Code Section 65009, if you challenge, in court, the decision of an entitlement or permit, the issues raised shall be limited to those raised in the public hearing or in written correspondence delivered to the Planning Commission prior to, or at, the public hearing.

 

Challenges

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

 

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

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

 

Protest of Fee or Exaction

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

 

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