ROLL CALL:                                                                         

 

                                            President:                                Rodney Fong

                                            Vice-President:                      Dennis Richards

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

                                                                                                Kathrin Moore; Cindy Wu

 

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.

 

1a.          2013.0915DRP                                                                                                   (C. GROB: (415) 575-9138)

1469 PACIFIC AVENUE - south side of Pacific Avenue between Larkin Street and McCormick Street; Lot 029 in Assessor’s Block 0185 - Request for Discretionary Review of Building Permit Application No. 2012.10.31.3210, proposing the conversion of a two-story warehouse building and a two-story vertical addition to create a mixed-use building with nine residential units, ten off-street parking spaces, and 1,962 square feet of ground floor commercial space within the Pacific Avenue Neighborhood Commercial Zoning District (NCD) and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Abbreviated Discretionary Review

Preliminary Recommendation: Take DR and Approve with Modifications

(Continued from Regular Meeting of May 12, 2016)

Note: On February 11, 2016, after hearing and closing public comment; the Commission continued this matter to May 12, 2016 by a vote of +5 -0 (Commissioners Johnson and Wu were absent).

(Proposed for Continuance to July 14, 2016)

 

1b.          2013.0915VAR                                                                                                   (C. GROB: (415) 575-9138)

1469 PACIFIC AVENUE - south side of Pacific Avenue between Larkin Street and McCormick Street; Lot 029 in Assessor’s Block 0185 - Request for Variance from rear yard requirements (Section 134) - The project proposes the conversion of a two-story warehouse building and a two-story vertical addition to create a mixed-use building with nine residential units, ten off-street parking spaces, and 1,962 square feet of ground floor commercial space within the Pacific Avenue Neighborhood Commercial Zoning District (NCD) and 40-X Height and Bulk District.

(Continued from Regular Meeting of May 12, 2016)

(Proposed for Continuance to July 14, 2016)

 

2.             2014.1279ENX                                                                                             (C. TOWNES: (415) 575-9195)

249 PENNSYLVANIA AVENUE-  located on the east side of Pennsylvania Avenue between 18^th and Mariposa Streets; Lots 010, 013, and 014 in Assessor’s Block 3990 (District 10) - Request for a Large Project Authorization (LPA), pursuant to Planning Code Section 329, to demolish two existing one-story warehouses (collectively measuring 19,125 square feet) and  construct a new four-story, 40-foot tall, mixed-use building (measuring 76,070 gross square feet) with 59 dwelling units and 3,426 square feet of ground floor Production, Distribution and Repair (PDR) space. The project includes 44 below-grade off-street parking spaces, 2 car share parking spaces, and 80 bicycle parking spaces.  Under the LPA, the project is seeking exceptions to certain Planning Code requirements, including: 1) rear yard (Planning Code Section 134); 2) dwelling unit exposure (Planning Code Section 140); and 3) horizontal mass reduction (Planning Code Section 270.1). The subject property is located within the UMU (Urban Mixed Use) 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         

(Continued from Regular Meeting of June 2, 2016)

(Proposed for Continuance to October 6, 2016)

 

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

 

3.             2016-008126MAP                                                                                           (A. STARR: (415) 558-6362)

Upper Market Street Districts – Initiation of Planning Code and Zoning Map Amendments to revise Sectional Map ZN07 of the Zoning Map to delete the Upper Market Street Neighborhood Commercial District (NCD) and reclassify Block 2623, Lot 006 at 376 Castro Street and Block 2623, Lot 091 at 2416-2420 Market Street from the Upper Market NCD to the Upper Market Street Neighborhood Commercial Transit District; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1; and adopting findings of public convenience, necessity, and welfare under Planning Code Section 302.

Preliminary Recommendation: Adopt a Resolution to Initiate and schedule a public hearing on or after September 22, 2016

 

C.         COMMISSION MATTERS

 

4.             Consideration of Adoption:

·         Draft Minutes for June 16, 2016

 

5.             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

 

6.             Director’s Announcements

 

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

               

8.             2014.0519CUAVAR                                                                                           (J. HORN: (415) 575-6925)

2100 MARKET STREET - located on the northwestern side of the intersection of Church, Market and 14th Streets; Lot 041 in Assessor’s Block 3542 – Informational presentation of the redesign of an approved project as required by the Conditions of Approval adopted on February 4, 2016. The project will  demolish  an  existing a 20-foot-tall, two-story, commercial building (former “Home” restaurant) approximately 4,406 square feet in size with a surface parking lot containing 15 spaces and to construct a new 4- to 7-story (40’ to 65’ in height) mixed-use building approximately 61,678 square feet in size. The project site is located within the Upper Market Street NCT (Neighborhood Commercial Transit) District and 40-X and 60/65-X Height and Bulk Districts, within the Market and Octavia Area Plan.

Preliminary Recommendation: None – Compliance with Conditions of Approval

 

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.

 

9.             2015-016599PCA                                                                                         (M. MOHAN: (415) 575-9141)

AFFORDABLE HOUSING IN DIVISADERO AND FILLMORE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICTS - Planning Code Amendment to require payment of a higher affordable housing fee or provide additional affordable housing for certain sites that obtained higher residential development potential as a result of the rezoning of the Divisadero Street Neighborhood Commercial Transit District and the Fillmore Street Neighborhood Commercial Transit District; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, Planning Code, Section 302, and the eight priority policies of Planning Code, Section 101.1.

Preliminary Recommendation: Adopt a Recommendation for Approval

(Continued from Regular Meeting of May 19, 2016)

 

10.          2015-017206GPA                                                                                        (M. MOHAN: (415) 575-9141)

COMMERCE AND INDUSTRY ELEMENT – Initiate General Plan Amendments to the Commerce and Industry Element updating the guidelines regarding over-concentration of Eating and Drinking Establishments in a single area; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Adopt a Resolution to Initiate and schedule a public hearing on or after October 6, 2016

 

11.          2015-009850PCA                                                                                      (D. SANCHEZ: (415) 575-9082)

CLARFIY, CONSOLIDATE AND UPDATE PROVISIONS, CORRECT TYPOGRAPHICAL ERRORS, DELETE REDUNDANCIES, AND CORRECT CROSS-REFERENCES IN VARIOUS SECTIONS THAT DEAL WITH PARKING AND LOADING REQUIREMENTS - Initiation of Planning Code Amendments. The amendments will clarify, consolidate and update provisions, correct typographical errors, delete redundancies, and correct cross-references in various sections that deal with parking and loading requirements; and affirming the Planning Department’s California Environmental Quality Act determination; making findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1; and adopting findings of public convenience, necessity, and welfare under Planning Code Section 302.

Preliminary Recommendation: Adopt a Resolution to Initiate and schedule a public hearing on or after September 8, 2016

 

                12a.        2014-001965PCA                                                                                            (A. STARR: (415) 558-6362)

ARTICLE 7, PHASE 2 OF THE CODE REORGANIZATION AND SIMPLICATION PROJECT – Initiation of a Planning Code Amendment to reorganize Article 7 and to update, correct, clarify, and simplify Code language in other Planning Code Sections; requiring Conditional Use authorization for Bars, and Liquor Stores on the first floor in the Noriega, Irving, Taraval, and Judah Neighborhood Commercial Districts; enacting permanent controls requiring Conditional Use authorization for Medical Cannabis Dispensaries in the Noriega, Irving, Taraval, and Judah Neighborhood Commercial Districts; requiring Conditional Use authorization for Personal Services on the second floor in the Noriega, Irving, Taraval, and Judah Neighborhood Commercial Districts; prohibiting Kennels in the North Beach Neighborhood Commercial District; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1, and adopting findings of public convenience, necessity, and welfare under Planning Code Section 302.

Preliminary Recommendation: Adopt a Resolution to Initiate and schedule a public hearing on or after September 22, 2016

 

12b.        2014-001965PCA                                                                                            (A. STARR: (415) 558-6362)

ARTICLE 7, PHASE 2 OF THE CODE REORGANIZATION AND SIMPLICATION PROJECT – Initiation of a Planning Code Amendment to delete Zoning Control Tables that are superseded by new Zoning Control Tables in a companion ordinance and to delete duplicate definitions previously relocated to Article 2 and related outdated text; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Adopt a Resolution to Initiate and schedule a public hearing on or after September 22, 2016.

 

 

                13a.        2014-002548CUA                                                                                          (V. FLORES: (415) 575-9173)

14-16 LAIDLEY STREET - south side of Laidley Street, at 30^th Street; Lot 004 in Assessor’s Block 7538 (District 8) - Request for Conditional Use Authorization pursuant to Planning Code Section 209.1, for the retention of a second unit on a lot greater than 6,000 square feet in the RH-1 district. Pursuant to Planning Code Section 317, the project scope is tantamount to the demolition of a unit; however, by granting the Conditional Use Authorization the unit will be reestablished through its reconstruction. There are currently two units in a single building located in the front of the subject property. The project proposes two family-sized units in two distinct structures: one unit in the front of the property created by combining the existing units, and one unit in a newly constructed structure in the rear of the property. There will be a central courtyard between the two units. The subject property is located within a RH-1 (Residential – House, One Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for 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 2, 2016)

 

                13b.        2014-002548VAR                                                                                          (V. FLORES: (415) 575-9173)

14-16 LAIDLEY STREET - south side of Laidley Street, at 30^th Street; Lot 004 in Assessor’s Block 7538 (District 8) - Request for Variance pursuant to Planning Code Section 132 to construct within the required front setback. The project proposes two family-sized units in two distinct structures: one unit in the front of the property created by combining the existing units, and one unit in a newly constructed structure in the rear of the property. There will be a central courtyard between the two units. The subject property is located within a RH-1 (Residential – House, One Family) District and 40-X Height and Bulk District.

(Continued from Regular Meeting of June 2, 2016)

 

14.          2014-000550CUA                                                                                        (B. BENDIX:  (415) 575-9114)

2920 FRANKLIN STREET - east side of Franklin Street, between Chestnut and Lombard Streets; Lot 020 in Assessor’s Block 0498 (District 2) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 317(d), to allow the demolition of a two-story single-family dwelling and the new construction of a four-story two-family dwelling within a RH-3 (Residential, House, Three-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: Approve with Conditions

(Continued from Regular Meeting of June 2, 2016)

 

15.          2014.1604CUA                                                                                              (B. BENDIX:  (415) 575-9114)

1848-1850 GREEN STREET - north side of Green Street between Octavia and Laguna Streets; Lot 012 in Assessor’s Block 0543 (District 2) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 317(d), to allow a major alteration that is tantamount to the demolition of a three-story two-family dwelling within a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District. The proposal includes vertical and horizontal additions, renovation of the front façade, and demolition of the detached garage. The resulting four-story building will contain two dwelling units.  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 2, 2016)

 

16.          2014.0831CUA                                                                                                 (R. SUCRE: (415) 575-9108)

250 10^TH STREET - located on the west side of 10^th Street between Howard and Folsom Streets, Lots 034, 036, 037, & 038 in Assessor’s Block 3517 (District 6) - Request for Conditional Use Authorization and a Planned Unit Development (PUD), pursuant to Planning Code Sections 121.1, 121.2, 121.7, 303, 304, 317, 744.11, 744.21, 744.82a, and 844.27, for: 1) development on a lot larger than 10,000 square feet in the RCD Zoning District; 2) establishment of a non-residential use (school & child care uses) larger than 10,000 square feet in the RCD Zoning District; 3) merger of lots within the RCD Zoning District, which result in a street frontage greater than 100-ft; 4) conversion of ten group housing units at 1415 Howard Street (former rectory) to child care and school uses; and, 5) establishment of a child care (pre-school) use with more than 13 children in the RCD Zoning District. The proposal includes expansion of an existing school campus (dba Presidio Knolls School) to encompass a pre-school (child care use), elementary and middle school. The project would merge the subject lots, demolish the existing one-story garage structure on 10th Street, existing pre-school building, and existing elementary school building; rehabilitate an existing historic building (known as the Rectory) and change its use from group housing to school; and construct two three-story (or 44-ft tall) school buildings (collectively measuring approximately 60,000 square feet) and a new one-story (or 14-ft tall) music building (measuring 1,000 square feet).  Under the PUD, the project is requesting a modification to the requirements for: 1) rear yard (Planning Code Section 134); 2) street frontage (Planning Code Section 145.1); 3) bicycle parking spaces (Planning Code Section 155.2); and 4) shower and lockers (Planning Code Section 155.4). The project site is located within the WMUG (Western SoMa Mixed-Use General) & RCD (Regional Commercial) Zoning Districts, Western SoMa Special Use District, and 55-X & 55/65-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

 

17.          2015-003686CUA                                                                                              (N. TRAN: (415) 575-9174)

437 HOFFMAN AVENUE - east side of Hoffman Avenue, between 24^th and 25^th Streets, Lot 024 in Assessor’s Block 6503 (District 8) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 317 (tantamount to demolition), for a project proposing to demolish an existing three-story over basement, single-family residence and construct additions to create a three-story over basement building with two dwelling units. Exterior changes such as raising the structure ~6 feet for a new garage door, front porch, entry stairs, rear terrace/deck as well as extensive interior remodeling are also proposed. The subject property is located within a RH-2 (Residential-House, Two-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve with Conditions

(Continued from Regular Meeting of June 2, 2016)

 

18.          2016-001075CUA                                                                                           (L. AJELLO: (415) 575-9142)

3378 SACRAMENTO STREET - northeast corner of Sacramento and Walnut Streets; Lot 049 in Assessor’s Block 1008 (District 2) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 724.53 and 790.108 to allow a “business or professional service” use (d.b.a. Walnut Associates) at the basement level of a mixed-use building within the Sacramento Street NCD (Neighborhood Commercial District) 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

 

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.

 

19a.        2015-002243DRP                                                                                        (C. ASBAGH: (415) 575-9165)

1615-1633 GRANT AVENUE & 12-26 MEDAU PLACE - west side of Grant, between Filbert and Greenwich Streets, Lot 005 in Assessor’s Block 0645 (District 3) - Request for Discretionary Review of Building Permit Application Nos. 2015.02.27.9626 & 9627 proposing alterations to the existing vacant buildings including the reconfiguration of 16 existing dwelling units (four would expand into ground-floor storage space), reconfiguration of the interior courtyard stairs, and the addition of roof-top decks and four stair penthouses within a RM-2 (Residential, Mixed, Moderate Density) Zoning District and 40-X Height and Bulk District. In addition, the Zoning Administrator will consider a Variance from the requirements for rear yard (per Section 134) and dwelling unit exposure (Section 140). 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: Take Discretionary Review and Approve with Modifications

(Continued from Regular Meeting of June 2, 2016)

 

19b.        2015-002243VAR                                                                                         (C. ASBAGH: (415) 575-9165)

1615-1633 GRANT AVENUE & 12-26 MEDAU PLACE - located on the west side of Grant between Filbert and Greenwich Streets, Lot 005 in Assessor’s Block 0645 (District 3) - Request for Variances pursuant to Planning Code Sections 134 and 140 to allow the reconfiguration of stairs and dwelling units within the interior courtyard. The project is located in a RM-2 (Residential, Mixed, Moderate Density) Zoning District and 40-X Height and Bulk District.

(Continued from Regular Meeting of June 2, 2016)

 

                20a.        2015-002632DRP                                                                                            (J. SPEIRS: (415) 575-9106)

1152 POTRERO AVENUE - west side of Potrero Avenue, south of 23^rd Street, north of 24^th Street; Lot 011 in Assessor’s Block 4211 (District 9) - Request for Discretionary Review of Building Permit Application No. 2015.02.24.9220, proposing the addition of two dwelling units with vertical and horizontal additions to an existing one-unit residential building within a RH-3 (Residential - House, Three-Family) Zoning District and 55-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

        (Continued from Regular Meeting of June 2, 2016)             

 

20b.      2015-002632VAR-02                                                                                      (J. SPEIRS: (415) 575-9106)

1152 POTRERO AVENUE - west side of Potrero Avenue, south of 23^rd Street, north of 24^th Street; Lot 011 in Assessor’s Block 4211 (District 9) - Request for Variances pursuant to Planning Code Sections 132 to construct within the required front setback. The Project includes the addition of two dwelling units with vertical and horizontal additions to an existing one-unit residential building within a RH-3 (Residential - House, Three-Family) Zoning District and 55-X Height and Bulk District.

                        (Continued from Regular Meeting of June 2, 2016)

 

21.          2015-004447DRP                                                                                              (J. HORN: (415) 575-6925)

3880-3882 19^TH STREET - north side of 19^th Street at Sanchez Street St.; Lot 015 in Assessor’s Block 7537 (District 8) - Request for Discretionary Review of Building Permit Application No. 2015.01.20.6104, proposing a fourth story vertical addition and a two-story horizontal addition (Per Planning Code Section 136(c)(25)) to an existing two-story-over-garage two-family residence, consisting of two flats (approximately 1400 sq. ft. each). The project also includes façade renovations, interior remodel and relocation of a unit from the second floor (existing 1,361 sq. ft.) to the ground floor (proposed 1,112 sq. ft.) at a reduction in square footage of 18.3%. This addition will add approximately 1,659 square feet of floor area to the existing 2,802 square feet, for a total of approximately 4,461 square feet. The property is located within a RH-2 (Residential House, Two-Family Detached) 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.            4:00 P.M.

 

Items listed here may not be considered prior to the time indicated above. It is provided as a courtesy to limit unnecessary wait times. Generally, the Commission adheres to the order of the Agenda. Therefore, the following item(s) will be considered at or after the time indicated.

 

22.          2014-001503PCA/2016-008024PCA                                             (K.DISCHINGER: (415 558-6284)

100% AFFORDABLE HOUSING BONUS PROGRAM ; and DENSITY DONE RIGHT; DEVELOPMENT WITHOUT DISPLACEMENT PROGRAM – BOS File Numbers   150969 and 160668 - Request for Findings of Consistency with the General Plan and Planning Code Section 101.1 for two draft pieces of legislation: (1) Planning Code Amendment to create the 100% Affordable Housing Bonus Program, to provide for development bonuses and zoning modifications for 100% affordable housing projects, to establish the procedures in which the 100 Percent Affordable Housing Bonus Program projects shall be reviewed and approved; and amending the Planning Code to exempt 100% Affordable Housing Bonus Program projects from the height limits specified in the Planning Code and the Zoning Maps.  (2) Planning Code Amendment to create the “Density Done Right; Development Without Displacement Program” to provide for development bonuses and zoning modifications for development projects that include 100% affordable housing, and to allow heights above the height limits specified in the Planning Code and the Zoning Maps for such projects.  The proposed action would constitute finding that the 100% AFFORDABLE HOUSING BONUS PROGRAM and THE DENSITY DONE RIGHT; DEVELOPMENT WITHOUT DISPLACEMENT Program are consistent with the General Plan and the eight priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Adopt Findings of Consistency

 

I.             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	DNX (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	PUB (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
Permit Review in C-3 Districts, Downtown Residential Districts and Large Project Authorization in Eastern Neighborhoods	LPA (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.

 

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.