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.            2016-008074CUA                                                                            (D. SIROIS: (415) 575-8714)

               615 BAYSHORE BOULEVARD - located on the east side of Bayshore Boulevard between Industrial Street and Helena Streets, Assessor’s Block 5372, Lot 008 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 249.65(c)(2)(E) and 303, to establish an automotive repair facility in an existing single-story 10,142 sq ft building  within the Bayshore Boulevard Home Improvement Special Use District. The new automotive repair facility would replace the stone, tile and flooring wholesale/retail outlet that previously occupied the building. The subject property is located within a PDR-2 (Core Production, Distribution and Repair) Zoning District, Bayshore Boulevard Home Improvement Special Use District, and 65-J 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 March 16, 2017)

2.            2016-015925PCA                                                                                     (D. SANCHEZ: (415) 575-9082)

MEDICAL CANNABIS DISPENSARIES (BOARD FILE NO. 161229) – Planning Code Amendment, introduced by Supervisor Ronen amending the Planning Code to allow Medical Cannabis Dispensaries to be located on the second story and above in zoning districts in which they are permitted; 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 making a finding of public necessity, convenience, and welfare under Planning Code Section 302.

Preliminary Recommendation: Pending

(Proposed for Continuance September 14, 2017)

 

3.            2015-012722PCA                                                                       (D. SANCHEZ: (415) 575-9082)

INCLUSIONARY AFFORDABLE HOUSING PROGRAM (BOARD FILE NO. 150911) – Planning Code Amendment, introduced by Mayor Lee and Supervisors Farrell and Tang to provide revised geographic, timing, pricing and other requirements for the off-site alternative to the Inclusionary Affordable Housing Fee; create a new option for off-site projects that qualify as Nonprofit Provider Partner Projects; create a new alternative for project sponsors of smaller market-rate projects to direct the Affordable Housing fee to small sites projects; create an option for project sponsors of on- and off-site housing to provide higher amounts of affordable housing at higher levels of affordability termed “dialing up”; revise certain definitions and operating procedures related to the Inclusionary Housing Program and make conforming changes; 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: Pending

(Continued from Regular Meeting of September 15, 2016)

(Proposed for Indefinite Continuance)

 

4.            2014.0936DRP                                                                            (E. JARDINES: (415) 575-9144)

590 LELAND AVENUE - located on the north side of Leland Avenue and west of Hahn Street; Lots: 061, 062, 063, 064, 065 in Assessor’s Block 6243 (District 10) - Request for Discretionary Review of Building Permit Application No. 2014.06.06.7762, proposing the demolition of an existing church and construction of five new three-story, single-family homes (addressed as 579, 583, and 589 Raymond Avenue, and 586 and 596 Leland Avenue). The Project is located within a RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of January 12, 2017)

(Proposed for Indefinite Continuance)

 

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

 

5.            2016-010356CUA                                                                       (S. SKANGOS: (415) 575-8731)

611 2^ND STREET -  east side of 2^nd Street, between Brannan and Townsend Streets; Lot 008 of Assessor’s Block 3789 (District 6) - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 303(c) and 842.99, to develop a T-Mobile Macro Wireless Telecommunications Services Facility consisting of three (3) screened rooftop mounted panel antennas; three (3) rooftop mounted radomes; one (1) GPS antenna and an associated equipment area as part of the T-Mobile Telecommunications Network. The subject property is located within the MUO (Mixed Use-Office) Zoning District and 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          

                             

C.         COMMISSION MATTERS

 

6.            Consideration of Adoption:

·       Draft Minutes for February 16, 2017

 

7.            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

 

8.            Director’s Announcements

 

9.            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.

 

               10.                                                                                                                                           (C. KERN: (415) 575-9037)

Sewer System Improvement Program - Informational Presentation providing an overview of the San Francisco Public Utilities Commission’s Sewer System Improvement Program.

Preliminary Recommendation: None – Informational

 

11.                                                                                                                   (J. SWITZKY: (415) 575-6815)

JOB-HOUSING BALANCE TRENDS – Informational Presentation providing an overview of housing trends relative to changes in the workforce and jobs since adoption of the Downtown Plan, commuting patterns relative to worker housing, a look at the evolving state and regional context for planning for jobs and housing together, and an overview of San Francisco’s aggregate plans for housing and jobs capacity. This presentation is a follow-up to an informational presentation on Job Trends on April 28, 2016.

Preliminary Recommendation: None – Informational

12.          2014.2110CWP                                                                            (M. WENGER: (415) 575-9126)

WESTERN SHORELINE AREA PLAN - Initiate General Plan Amendments - Pursuant to Planning Code Section 340, the Planning Commission will consider initiating changes to the Western Shoreline Area Plan, the City’s Local Coastal Program, to incorporate sea level rise and coastal erosion policies in a new Coastal Hazards section.

Preliminary Recommendation:  Initiate and schedule a public hearing on or after April 13, 2017

               13a.       2015-000988CWP                                                                          (C. FLORES: (415) 558-6473)

ENDORSEMENT OF THE MISSION ACTION PLAN 2020 (MAP2020) - The goal of MAP2020 is to retain and attract low to moderate income residents and community-serving businesses (including PDR), artists, and nonprofits in order to strengthen and preserve the socioeconomic diversity of the Mission neighborhood 2017. The Plan includes strategies to advance this goal and the Plan objectives. Public comment on the draft January version for public review closed on February 19, 2017, a revised version was published on February 23, 2017. A proposed Resolution is before the Commission to endorse the Mission Action Plan 2020.

Preliminary Recommendation: Adopt a Resolution Endorsing the Plan

 

            13b.       2015-000988PCA-02                                                                    (C. FLORES: (415) 558-6473)

EXTENSION AND MODIFICATION OF COMMISSION-SPONSORED MISSION 2016 INTERIM CONTROLS RELATED TO THE MISSION ACTION PLAN (MAP2020) 2020 - Pursuant to Planning Code Section 306.7(e), on January 14, 2016 the Planning Commission approved Resolution No. 19548 adopting interim controls for 15 months in the Mission District which are set to expire on April 14, 2017. The interim controls are intended to a) allow time, through the MAP2020 process, for analysis of affordable housing needs, b) assess sites for affordable housing production, and c) stem the loss of existing income protected units while maintaining production, distribution, and repair (PDR) capacity in PDR zoned lands and preserving vital community resources. The proposed controls would require a discretionary hearing for certain projects which result in any of the following: 1) the loss of one or more rent-controlled dwelling unit; or 2) any projects with 25 or more dwelling units or greater than 25,000 gross square feet; or 3) demolition or conversion of certain assembly, recreation, arts and entertainment or institutional uses; or 4) changes of use to restaurant uses. The area of the interim controls is proposed to be modified to the following boundaries: the Calle 24 Special Use District and the Mission Street NCT including all of Mission Street from Duboce/13th Street to Cesar Chavez Street—except that the Mission Street boundary would include any parcel with a property line on either side of Mission Street.  The interim controls would be extended for a period of nine months.

Preliminary Recommendation: Adopt a Resolution Extending Interim Controls

 

13c.      2015-000988PCA MAP                                                                 (J. FRANCIS: (415) 575-9147)

PLANNING CODE & ZONING MAP PDR-RELATED AMENDMENTS (BOARD FILE NO. 170156) - Planning Code and Zoning Map Amendments introduced by Mayor Lee and Supervisor Ronen to prohibit Gym and Massage uses in the Production, Distribution, and Repair (PDR) zoning districts, eliminate the Transit-Oriented Retail Special Use District, which includes all parcels in PDR districts along 16th Street from Mission Street to Potrero Avenue, and adjust the height limits on certain parcels in the Urban Mixed Use (UMU) District to allow for ground floor PDR uses; 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 findings of public necessity, convenience, and welfare under Planning Code, Section 302.

Preliminary Recommendation: Adopt a Resolution Recommending Approval with Modification

              

               14a.       2014.0011X                                                                                             (D. VU: (415) 575-9120)

1298 HOWARD STREET - northeast corner of 9^th and Howard Streets - Lots 019, 024, 025, 086 & 087 in Assessor’s Block 3728 - Request for Large Project Authorization, pursuant to Planning Code Section 329 including exceptions from the rear yard, dwelling unit exposure and off-street loading requirements pursuant to Planning Code Sections 134, and 140 and 152.1, respectively, for demolition of the existing automotive service station and accessory structures, merger of five lots and proposed construction of a 45- to 55-ft. tall, five-story mixed-use development includes two buildings totaling 142,500 sq. ft. that include 124 dwelling units, approximately 13,850 sq. ft. of ground floor office and retail space, 9,050 sq. ft. of common and public open space partially through a 30-ft. wide mid-block alley and a 30,395 sq. ft. basement for 71 automobile and 188 Class 1 bicycle parking spaces. The subject properties are located in the Regional Commercial (RCD), WSoMa Mixed Use-General (WMUG) and Residential Enclave-Mixed (RED-MX) Districts and 45-X and 55-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 Hearing of January 26, 2017)

              

14b.       2014.0011C                                                                                                     (D. VU: (415) 575-9120)

1298 HOWARD STREET - northeast corner of 9^th and Howard Streets - Lots 019, 024, 025, 086 & 087 in Assessor’s Block 3728 - Request for Conditional Use Authorization of a Planned Unit Development, pursuant to Planning Code Sections 121.1, 121.2, 121.7, 202.5, 303 and 304 for the conversion of an automobile service station, demolition of all existing structures, merger of five lots and the construction of a 45- to 55-ft. tall, five-story mixed-use development includes two buildings totaling 142,500 sq. ft. that include 124 dwelling units, approximately 13,850 sq. ft. of ground floor office and retail space, 9,050 sq. ft. of common and public open space partially through a 30-ft. wide mid-block alley and a 30,395 sq. ft. basement for 71 automobile and 188 Class 1 bicycle parking spaces. The Project is also requesting modifications to the rear yard, dwelling unit exposure and off-street loading requirements pursuant to Planning Code Sections 134, 140 and 152.1, respectively. The subject properties are located in the Regional Commercial (RCD), WSoMa Mixed Use-General (WMUG) and Residential Enclave-Mixed (RED-MX) Districts and 45-X and 55-X Height and Bulk Districts.

Preliminary Recommendation: Approve with Conditions      

(Continued from Regular Hearing of January 26, 2017)

 

            15a.       2015-008058DNX                                                                           (T. CHANG: (415) 575-9197)

555 HOWARD STREET - south side of Howard Street, between 1^st and 2^nd Streets; Lot 086 in Assessor’s Block 3736 (District 6) - Request Planning Commission Consideration of Downtown Project Authorization pursuant to Planning Code Section 309, with exceptions to the requirements for  “Streetwall Base” and “Tower Separation” pursuant to Planning Code Section 132; “Rear Yard” pursuant to Planning Code Section 134; “Reduction of Ground-Level Wind Currents” in C-3 Districts pursuant to Planning Code Section 148; “Off-Street Freight Loading” per Section 161; “Off-street Tour Bus Loading” per Section 162; “Upper Tower Extensions” per Section 263.9 and “Bulk” Controls per Section 270. The Project is located in a C-3-O(SD) and 350-S Zoning District and includes the removal of three buildings and the new construction of a 385-foot tall building (405-feet including the curtain wall enclosure), 36-story, mixed-use, high-rise tower approximately 437,251 gross square feet in size. The proposed building would include approximately 69 dwelling units and 255 hotel rooms. The 36^th floor includes a publicly accessible, 1,763 square-foot bar and adjacent open space. The project also includes 70 off-street parking spaces and 95 Class I and 25 Class 2 bicycle parking spaces. 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

 

15b.       2015-008058CUA                                                                           (T. CHANG: (415) 575-9197)

555 HOWARD STREET - south side of Howard Street, between 1^st and 2^nd Streets; Lot 086 in Assessor’s Block 3736 (District 6) - Request Planning Commission Consideration of Conditional Use Authorization to establish Hotel Use per Sections 210.2 and 303. The Project is located in a C-3-O(SD) and 350-S Zoning District and includes the removal of three buildings and the new construction of a 385-foot tall building (405-feet including the curtain wall enclosure), 36-story, mixed-use, high-rise tower approximately 437,251 gross square feet in size. The proposed building would include approximately 69 dwelling units and 255 hotel rooms. The 36^th floor includes a publicly accessible, 1,763 square-foot bar and adjacent open space. The project also includes 70 off-street parking spaces and 95 Class I and 25 Class 2 bicycle parking spaces.

                                        Preliminary Recommendation: Approve with Conditions

 

15c.        2015-008058VAR                                                                           (T. CHANG: (415) 575-9197)

                              555 HOWARD STREET - south side of Howard Street, between 1^st and 2^nd Streets; Lot 086 in Assessor’s Block 3736 (District 6) - Request for Variance from Dwelling Unit Exposure per Section 140, Street Frontage requirements per Section 145, and height exemption from the 350-S height limit for the elevator mechanical equipment pursuant to Planning Code Section 260. The Project is located in a C-3-O(SD) and 350-S Zoning District and includes the removal of three buildings and the new construction of a 385-foot tall building (405-feet including the curtain wall enclosure), 36-story, mixed-use, high-rise tower approximately 437,251 gross square feet in size. The proposed building would include approximately 69 dwelling units and 255 hotel rooms. The 36^th floor includes a publicly accessible, 1,763 square-foot bar and adjacent open space. The project also includes 70 off-street parking spaces and 95 Class I and 25 Class 2 bicycle parking spaces.

 

16.        2014.0016CUA                                                                                                  (N. TRAN: (415) 575-9174)

132 CORBETT AVENUE - north side between Ord and Mars Streets; Lot 010 of Assessor’s Block 2652 (District 8) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 306.7, and interim zoning controls established under Resolution 76-15. The proposal increases the total residential square footage on a developed parcel by more than 100% with an increase in unit count and will result in greater than 55% total lot coverage. The project is for construction of a second unit at 132 Corbett Avenue, a through lot with an existing two-story, single-family residence. The proposed two-story over garage, single-family dwelling will front 17th Street and share a 30'-8" yard with the existing unit. The project is 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 San Francisco Administrative Code Section 31.04(h).

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.

           

               17a.       2015-001277dRp                                                                        (t. kennedy: (415) 575-9125)

               3772 20^TH STREET - north side between Dolores Street and Guerrero Street; Lot 138-141 in Assessor’s Block 3598 (District 8) - Request for Discretionary Review of Building Permit Application No. 2015.06.16.9131, proposing to replace and modify an existing rear stair way and construct a roof deck over an existing garage in the rear yard of an existing four-unit residential building 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 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

(Continued from Regular Meeting of December 8, 2016)

 

            17b.      2015-001277VAR                                                                       (t. kennedy: (415) 575-9125)

3772 20^TH  STREET  -  north side between Dolores Street and Guerrero Street; Lot 138-141 in Assessor’s Block 3598 (District 8) - Request for Rear Yard Variance from the rear yard requirements, proposing to replace and modify an existing rear stair way and construct a roof deck over an existing garage in the rear yard of an existing four-unit residential building within a RH-3 (Residential House, Three-Family) Zoning District and 40-X Height and Bulk District.

(Continued from Regular Meeting of December 8, 2016)

 

18.          2015-018305DRP-03                                                      (N. KWIATKOWSKA: (415) 575-9185)

               153 CLIPPER STREET - south side between Sanchez and Church Streets; Lot 035 in Assessor’s Block 6552 - Requests for Discretionary Review of Building Permit Application No. 2015.11.23.3362, proposing to construct a one-story vertical addition with a roof deck and an expansion of the first and second floors at the side of the existing two-story, single-family building within a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

 

19.          2015-018164DRP-06 (S. JIMENEZ: (415) 575-9187)                                                                                                                                                            

               2226 GREEN STREET - north side between Fillmore and Steiner Streets; Lot 039 in Assessor’s Block 0539 (District 2) - Requests for Discretionary Review of Building Permit Application No. 2015.12.08.4465, proposing to construct a 30-square foot kitchen expansion, cantilevered deck, and a private roof deck for the upper unit of an existing four-story, two-family building 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 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

 

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.