Planning Commission - June 25, 2015 - Agenda

Meeting Date: 
June 25, 2015 (All day)
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SAN FRANCISCO

PLANNING COMMISSION

 

 

Notice of Hearing

&

Agenda

 

Commission Chambers, Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

San Francisco, CA 94102-4689

 

 

Thursday, June 25, 2015

12:00 p.m.

Regular Meeting

 

Commissioners:

Rodney Fong, President

Cindy Wu, Vice President

Michael Antonini, Rich Hillis, Christine Johnson, Kathrin Moore, Dennis Richards

 

Commission Secretary:

Jonas P. Ionin

 

 

Hearing Materials are available at:

Website: http://www.sfplanning.org

Planning Department, 1650 Mission Street, 4th Floor, Suite 400

Planning Information Center, 1660 Mission Street, 1st Floor

Voice recorded Agenda only: (415) 558-6422

 

Commission Hearing Broadcasts:

Live stream: http://www.sfgovtv.org

Live, Thursdays at 12:00 p.m., Cable Channel 78

Re-broadcast, Fridays at 8:00 p.m., Cable Channel 26

 

Disability and language accommodations available upon request to:

 commissions.secretary@sfgov.org or (415) 558-6309 at least 48 hours in advance.

 

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Government's duty is to serve the public, reaching its decisions in full view of the public.  Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business.  This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.

 

Members of the public are not required to provide personal identifying information when they communicate with the Commission or the Department. All written or oral communications, including submitted personal contact information, may be made available to the public for inspection and copying upon request and may appear on the Department’s website or in other public documents.

 

For more information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact the Sunshine Ordinance Task Force at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 409; phone (415) 554-7724; fax (415) 554-7854; or e-mail at sotf@sfgov.org.

 

Copies of the Sunshine Ordinance can be obtained from the Clerk of the Sunshine Task Force, the San Francisco Library and on the City’s website at www.sfbos.org/sunshine.

 

San Francisco Lobbyist Ordinance

Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign and Governmental Conduct Code Section 21.00-2.160] to register and report lobbying activity.  For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 25 Van Ness Avenue, Suite 220, San Francisco, CA 94102; phone (415) 252-3100; fax (415) 252-3112; and online http://www.sfgov.org/ethics.

 

Accessible Meeting Information

Commission hearings are held in Room 400 at City Hall, 1 Dr. Carlton B. Goodlett Place in San Francisco. City Hall is open to the public Monday through Friday from 8:00 a.m. to 8:00 p.m. and is accessible to persons using wheelchairs and other assistive mobility devices. Ramps are available at the Grove, Van Ness and McAllister entrances. A wheelchair lift is available at the Polk Street entrance.

 

Transit: The nearest accessible BART station is Civic Center. Accessible MUNI Metro lines are the F, J, K, L, M, N, T (exit at Civic Center or Van Ness stations). MUNI bus routes also serving the area are the 5, 6, 9, 19, 21, 47, 49, 71, and 71L. For more information regarding MUNI accessible services, call (415) 701-4485 or call 311.

 

Parking: Accessible parking is available at the Civic Center Underground Parking Garage (McAllister and Polk), and at the Performing Arts Parking Garage (Grove and Franklin). Accessible curbside parking spaces are located all around City Hall.

 

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Language Assistance: To request an interpreter for a specific item during the hearing, please contact the Commission Secretary at (415) 558-6309, or commissions.secretary@sfgov.org at least 48 hours in advance of the hearing.

 

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SPANISH:

Agenda para la Comisión de Planificación. Si desea asistir a la audiencia, y quisiera obtener información en Español o solicitar un aparato para asistencia auditiva, llame al 415-558-6309. Por favor llame por lo menos 48 horas de anticipación a la audiencia.

 

CHINESE:

規劃委員會議程。聽證會上如需要語言協助或要求輔助設備,請致電415-558-6309。請在聽證會舉行之前的至少48個小時提出要求。

 

TAGALOG:

Adyenda ng Komisyon ng Pagpaplano. Para sa tulong sa lengguwahe o para humiling ng Pantulong na Kagamitan para sa Pagdinig (headset), mangyari lamang na tumawag sa 415-558-6309. Mangyaring tumawag nang maaga  (kung maaari ay 48 oras) bago sa araw ng Pagdinig.

 

RUSSIAN:

Повестка дня Комиссии по планированию. За помощью переводчика или за вспомогательным слуховым устройством на время слушаний обращайтесь по номеру 415-558-6309. Запросы должны делаться минимум за 48 часов до начала слушания.


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.             2011.1083DRP                                                                                                (T. CHANG: (415) 575-9197)

1434 45TH AVENUE - east side of 45th Avenue; Lot 024A in Assessor’s Block 1809 - Request for Discretionary Review of Building Permit Application 2014.0520.6208 proposing the vertical and horizontal expansion of an existing one-story-over-garage single-family dwelling unit, adding two bedrooms and three bathrooms. The project is located within an RH-1 (Residential, Home, One-Family) Zoning District and a 40-X Height and Bulk District. The issuance of the building permit by the Department of Building Inspection or the Planning Commission project approval at a discretionary review hearing would constitute as the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

(Proposed for Continuance to July 16, 2015)

 

2.             2013.0792CU                                                                                                (N. FOSTER: (415) 575-9167)                                                                                                                                                                                                                               

400 BAY STREET - north side of the street between Mason Street and Taylor Street; Lot 003 in Assessor’s Block 0030 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 240.2(b) and 303, to establish a Hotel within the C-2 (Community Business) District and a 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).

(Proposed for Continuance to August 6, 2015)

 

3a.          2013.1521DDV                                                                                                (T. CHANG: (415) 575-9197)

22 ORD COURT - north side of Ord Court; Lot 067 in Assessor’s Block 2619 - Request for Discretionary Review of 1) Building Permit Application 2013.1021.9832 proposing the vertical addition of an existing 3-story single-family-home, adding a 4th story and, 2) of Building Permit Application 2013.1021.9817 proposing the new construction of a 4-story single-family home in the required rear yard. The project is located within a RH-2 (Residential, Home, two-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of May 14, 2015)

                                (Proposed for Continuance to August 13, 2015)

 

3b.         2013.1521DDV                                                                                               (T. CHANG: (415) 575-9197)

22 ORD COURT -  north side of Ord Court; Lot 067 in Assessor’s Block 2619 - Request for Variance from Planning Code Section 134 for the new construction of the single-family home in the required rear yard. The project is located within a RH-2 (Residential, Home, two-Family) Zoning District and 40-X Height and Bulk District.

(Continued from Regular Meeting of May 14, 2015)

                                (Proposed for Continuance to August 13, 2015)

 

4a.          2013.1522DDV                                                                                                (T. CHANG: (415) 575-9197)

24 ORD COURT  - north side of Ord Court; Lot 066 in Assessor’s Block 2619  - Request for Discretionary Review of Building Permit Application 2013.1021.9830 proposing the new construction of a 3-story single-family home in the required rear yard. The project is located within a RH-2 (Residential, Home, two-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of May 14, 2015)

                                (Proposed for Continuance to August 13, 2015)

 

4b.          2013.1522DDV                                                                                               (T. CHANG: (415) 575-9197)

24 ORD COURT  - north side of Ord Court; Lot 066 in Assessor’s Block 2619  - Request for Variance from Planning Code Section 134 for the new construction of the single-family home in the required rear yard. The project is located within a RH-2 (Residential, Home, two-Family) Zoning District and 40-X Height and Bulk District.

(Continued from Regular Meeting of May 14, 2015)

                                (Proposed for Continuance to August 13, 2015)

 

5.             2015-000184CUA                                                                              (M. BOUDREAUX: (415) 575-9140)

29-31 HATTIE STREET – east side of Hattie Street between Market Street and Corbett Avenue; Lot 022 in Assessor’s Block 2657 – Request for Conditional Use Authorization, pursuant to Planning Code Section 303 and Interim Zoning Controls for Large Residential Projects pursuant to Resolution No. 76-15, to allow lot development greater than 55%. The project includes vertical and horizontal addition to an existing two-story-over-garage two-unit building. Two units will remain, and square footage expansion is from 3,400sf to 4,500sf. The property is 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.

Preliminary Recommendation:  Approve with conditions

(Proposed for Continuance to August 13, 2015)

 

6a.          2011.1323MTZCUA                                                                                       (T. CHANG: (415) 575-9197)

302 SILVER AVENUE - south side of Silver Avenue, bounded by Mission Street, Avalon Avenue and Lisbon Street, Assessor’s Block 5952, Lot 002: Request for Planning Code and Zoning Map Amendments pursuant to Planning Code Section 302 to add Section 249.73 to establish the Jewish Home of San Francisco Special Use District (SUD), and amend Maps SU11 and HT11 to graphically reflect the proposed SUD boundaries and height of up to 80-feet; General Plan Amendment pursuant to Planning Code Section 340 to amend Map 5 of the Urban Design Element to reflect the proposed height and bulk;  Conditional Use Authorization to allow development on a lot exceeding 10,000 square feet, authorize height over 40 feet, and to approve a Planned Unit Development with specific modifications of Planning Code regulations to permit non-residential uses and on-site valet parking on special occasions.

Preliminary Recommendation:  Adopt a Recommendation for Approval

(Proposed for Continuance to August 13, 2015)

 

6b.          2011.1323MTZCUA                                                                                       (T. CHANG: (415) 575-9197)

302 SILVER AVENUE - south side of Silver Avenue, bounded by Mission Street, Avalon Avenue and Lisbon Street, Assessor’s Block 5952, Lot 002: Request for Conditional Use Authorization, pursuant to Planning Code Sections 253, 303 and 304 to: (1) amend a previously approved Conditions Us Authorization for a Planned Unit Development, allowing development on a lot exceeding 10,000 square feet, non-residential uses as authorized under the Jewish Home of San Francisco Special Use District and on-site valet parking, to allow the Jewish Home to increase on-site parking capacity for special occasions; (2) allow buildings over 40’-0” in the RH-2 (Residential House, Two-Family) Zoning District; and adopt Environmental Findings and Finding of Consistency with the General Plan and Priority Policies of Planning Code Section 101.1.

Preliminary Recommendation:  Approve with Conditions

(Proposed for Continuance to August 13, 2015)

 

B.         COMMISSION MATTERS

 

7.             Consideration of Adoption:

·         Draft Minutes for June 11, 2015

 

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.

 

C.         DEPARTMENT MATTERS

 

9.             Director’s Announcements

 

10.          2011.1043CEKUX                                                                                               (C. GROB: (415 575-9138)

1400 MISSION STREET - Informational Presentation - of the 1% Public Art Requirement for a newly constructed a 15-story mixed-use building with 190 affordable units and approximately 4,350 gsf of ground floor commercial space. The project was approved on January 17, 2013 by Motion No. 18784 in Case No. 2011.1043CEKUX.

Preliminary Recommendation: None – Informational

 

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

 

 

               

D.         GENERAL PUBLIC COMMENT – 15 MINUTES

 

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

 

E.            REGULAR CALENDAR 

 

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

 

12.          2011.1356MTZ                                                                                         (S. WERTHEIM (415) 558-6612)

CENTRAL SOMA PLAN -  POTENTIAL FOR NEW DEVELOPMENT TO FUND PUBLIC BENEFITS - Informational Presentation - Discussion of the economically feasible amount that new development can contribute to public benefits, the amount and type of public benefits that could be funded by these contributions. This information will facilitate future conversations about what benefits the Plan will be able to provide, the potential tradeoffs that will need to be considered, and what additional resources may be necessary to meet our benefit goals. This presentation will not include a specific proposal for fees and other requirements on new development, nor a specific proposal about how to allocate those resources.

Preliminary Recommendation: None - Informational

 

13.          2014.0198E                                                                                                 (C. ESPIRITU: (415) 575-9022)

850 BRYANT STREET - north side between Sixth and Seventh Streets; Lots 9 through 12, 14, 43, 45, a portion of Lot 42, and portions of the Harriet Street and Ahern Way rights-of-way) of Assessor’s Block 3759 - Appeal of the Preliminary Negative Declaration for the proposed construction of an approximately 200,000-gsf, 110-foot-tall Rehabilitation and Detention Facility (RDF) on the combined project site. The western portion of the project site contains the existing eight-story, 117-foot-tall, 610,000-gsf Hall of Justice (HOJ) at 850 Bryant Street. Directly east of the existing HOJ is the 40,276-sf project building site which contains two vacant lots, surface parking, and five existing buildings: a one-story office building (444 Sixth Street); a one-story commercial building (450 Sixth Street); a three-story, 14-unit, single room occupancy (SRO) residential building with ground-floor retail (480-484 Sixth Street); a three-story office building (800-804 Bryant Street); and a one-story McDonald’s restaurant (820 Bryant Street). All existing buildings on the project building site, with the exception of the buildings at 480-484 Sixth Street (Block 3759/Lot 10) and 800-804 Bryant Street (Block 3759/Lot 11), would be demolished.  The proposed RDF would replace the existing CJ#3 and CJ#4 and is a part of a larger program to relocate City agencies from the seismically deficient HOJ building. The project site is within the Public Use (P) and the Western SoMa Special Use District and 30-X Height and Bulk District.

Preliminary Recommendation: Uphold the Preliminary Negative Declaration

 

 

 

14.          2012.0877E                                                                                            (B. BOLLINGER: (415) 575-9024)

1546-1564 MARKET STREET - north side of Market Street between Van Ness Avenue and Franklin Street; Assessor’s Parcel Numbers 0836-006 and 0836-007 – Certification of the Final Environmental Impact Report. The project site is located on two parcels at 1546-1550 Market Street, 1554 Market Street, and 55 Oak Street. The proposed project would involve merging the two lots into a single lot, demolition of the existing three buildings on the site, and construction of a new 12-story, 120-foot-tall, 138,002-square-foot residential building with 109 dwelling units, approximately 4,810 gross square feet of ground-floor commercial space, and a 12,512 gross square foot ground floor garage with 28 car parking spaces and 110 bicycle parking spaces. Two of the three existing buildings that would be demolished have been determined to be historic resources under CEQA.

NOTE: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on February 23, 2015. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission during the Public Comment portion of the Commission calendar.

Preliminary Recommendation: Certify the Final EIR

 

15a.        2012.0877E                                                                                                          (K. GUY: (415) 558-6163) 

1546-1564 MARKET STREET - north side between Van Ness Avenue and Franklin Street, Lots 006 and 007 in Assessor’s Block 0836 - Request for Adoption of findings under the California Environmental Quality Act, for a project to demolish three existing buildings and construct a new 12-story tower, reaching a roof height of 120 feet, containing approximately 109 dwelling units, 5,010 square feet of retail uses, and 28 off-street parking spaces. The project site is located within the C-3-G Zoning District, the Van Ness & Market Downtown Residential Special Use District, and the 120-R-2 Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Adopt Findings

 

15b.        2012.0877DNX                                                                                                   (K. GUY: (415) 558-6163) 

1546-1564 MARKET STREET - north side between Van Ness Avenue and Franklin Street, Lots 006 and 007 in Assessor’s Block 0836 - Request for Downtown Project Authorization per Planning Code Section 309, including requests for exceptions from Planning Code requirements for lot coverage (Sections 134 and 249.33), off-street loading (Sections 152.1 and 161(f)), and ground-level wind currents (Section 148), for a project to demolish three existing buildings and construct a new 12-story tower, reaching a roof height of 120 feet, containing approximately 109 dwelling units, 5,010 square feet of retail uses, and 28 off-street parking spaces. The project site is located within the C-3-G Zoning District, the Van Ness & Market Downtown Residential Special Use District, and 120-R-2 Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve with Conditions

 

15c.        2012.0877CUA                                                                                                    (K. GUY: (415) 558-6163)

1546-1564 MARKET STREET - north side between Van Ness Avenue and Franklin Street, Lots 006 and 007 in Assessor’s Block 0836: Request for Conditional Use Authorization per Planning Code Section 124(f) to exceed the base Floor Area Ratio by providing on-site affordable dwelling units, for a project to demolish three existing buildings and construct a new 12-story tower, reaching a roof height of 120 feet, containing approximately 109 dwelling units, 5,010 square feet of retail uses, and 28 off-street parking spaces. The project site is located within the C-3-G Zoning District, the Van Ness & Market Downtown Residential Special Use District, and 120-R-2 Height and Bulk District.

Preliminary Recommendation: Approve with Conditions

 

15d.        2012.0877VAR                                                                                    `               (K. GUY: (415) 558-6163)

1546-1564 MARKET STREET - north side between Van Ness Avenue and Franklin Street, Lots 006 and 007 in Assessor’s Block 0836 - Request for Variances from the requirements for dwelling unit exposure (Section 140) and ground-floor ceiling heights for non-residential uses (Section 145.1), for a project to demolish three existing buildings and construct a new 12-story tower, reaching a roof height of 120 feet, containing approximately 109 dwelling units, 5,010 square feet of retail uses, and 28 off-street parking spaces. The project site is located within the C-3-G Zoning District, the Van Ness & Market Downtown Residential Special Use District, and 120-R-2 Height and Bulk District.

 

16a.        2014.1426CV                                                                                                  (M. Smith: (415) 558-6322)

4022 – 4026 24th STREET - north side of the street between Castro and Noe Streets; Lot 010 in Assessor’s Block 3656 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 728.21, 728.41, and 303 to construct an addition at the rear of the building that would add two dwellings and expand the existing ground floor commercial space beyond the 2,499 gross square-foot use size limitation for the District and establish a restaurant with a type 47 ABC license (d.b.a. Tom Rai) that would retain the existing place of entertainment use but amend the conditions of approval contained in Motion 8778 that pertain to the use to expand the hours and permit amplified entertainment. The project includes remodeling the storefront and adding a roof deck with two stair penthouses for access.  The project also requires a parking reduction pursuant to Section 161 of the Code and a rear yard variance pursuant to Section 134 of the Code for the ground floor portion that extends into the required rear yard.  The project site is located within the 24th Street/ Noe Valley Neighborhood Commercial District 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

(Continued from Regular Meeting of June 11, 2015)

 

16b.        2014.1426CV                                                                                                  (M. SMITH: (415) 558-6322)

4022 – 4026 24th STREET - north side of the street between Castro and Noe Streets; Lot 010 in Assessor’s Block 3656 - Request for Variance pursuant to Section  134 of the  Planning Code to construct a  three-story addition at the rear of a mixed-use building. The proposed addition would extend the depth of the building to the rear property line at the ground floor and add two dwelling units to the property. The project also requires a parking reduction pursuant to Section 161 of the Code. The project site is located within the 24th Street/ Noe Valley Neighborhood Commercial District and 40-X Height and Bulk Districts.

(Continued from Regular Meeting of June 11, 2015)

 

17a.        2014.1591CV                                                                                           (K. DURANDET: (415) 575-6816)

25-29 ALAVARADO STREET - south side of Alvarado Street at San Jose Avenue; Lot 025 in Assessor’s Block 3634 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 207, 209.1 and 303 to allow residential density up to one dwelling unit per 1,000 square feet of lot area to legalize an existing dwelling unit for a total of four dwelling units on the subject property within a RH-3 (Residential-House, Three Family) District and 40-X Height and Bulk District, and adopting findings under the California Environmental Quality Act. 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

 

17b.        2014.1591CV                                                                                           (K. DURANDET: (415) 575-6816)

25-29 ALAVARADO STREET - south side of Alvarado Street at San Jose Avenue; Lot 025 in Assessor’s Block 3634 - Request for Variance pursuant to Planning Code Sections 134 and 305 to legalize the existing dwelling unit and alter a deck that encroach into the required rear yard within a RH-3 (Residential-House, Three Family) District and 40-X Height and Bulk District.

 

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.

 

18.          2014-003161DRP                                                                                           (R. SUCRE: (415) 558-6159)

2331 19TH STREET – south side of 19th Street at San Bruno Avenue, Lot 017 in Assessor's Block 4076 - Request for Discretionary Review of Building Permit Application No. 2014.05.22.6466 (Alteration) proposing construction of a one-story vertical addition and a first floor roof deck within a RH-2 (Residential House, Two-Family) Zoning District and 40-X Height and Bulk District.

Staff Analysis: Abbreviated Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

 

19a.        2013.1662DRP                                                                                                (S.VELLVE: (415) 558-6263)

3591 JACKSON STREET - south side between Locust and Spruce Streets; Lot 016in Assessor’s Block 0987 - Request for Discretionary Review of Building Permit Application No. 2014.08.06.3203 (Demolition) proposing to demolish a single-family dwelling of approximately 3,400 square feet 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

 

19b.        2013.1662DRP                                                                                                (S.VELLVE: (415) 558-6263)

3591 JACKSON STREET - south side between Locust and Spruce Streets; Lot 016in Assessor’s Block 0987 - Request for Discretionary Review of Building Permit Application No. 2014.08.06.3204 (New Construction), proposing to construct a single-family dwelling of approximately 7,000 square feet in the same general footprint as the existing structure 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

 

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.

  1. 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.