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.                   2013.0485X                                                                                                            (D. VU: (415) 575-9120)

750 HARRISON STREET- north side between 3^rd and 4^th Streets – Lot 029 in Assessor’s Block 3751 – Request for Large Project Authorization, pursuant to Planning Code Section 329 including rear yard and permitted obstructions exceptions for the proposed construction of a new eight-story, 85-foot tall building consisting of approximately 2,537 square feet of commercial space at the ground floor and up to 77 single room occupancy (SRO) dwelling units totaling 40,640 square feet on the second through eighth floors.  The subject property is located within the MUO (Mixed Use Office) District with an 85-X Height and Bulk Designation.

(Proposed for Continuance to May 28, 2015)

 

2a.          2013.1179CV                                                                                                  (T. CHANG: (415) 575-9197)

1700 MARKET STREET - north side of Market Street at the intersection of Haight Street and Gough Street, Lots 016 in Assessor’s Block 0855 - Request for Conditional Use Authorization pursuant to Planning Code Sections 207.6 and 303 to modify the required unit mix, as less than 40% of the total number of proposed dwelling units on site contains at least two bedrooms. The proposal is to demolish the existing two-story commercial building and construct an eight-story 31,673 square foot mixed-use building with 48 dwelling units, 1,549 square feet of ground floor commercial space and 50 bicycle parking spaces, within a Moderate Scale Neighborhood Commercial Transit (NCT-3) District and 85-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 April 23, 2015)

(Proposed for Continuance to June 18, 2015)

 

                2b.          2013.1179CV                                                                                                  (T. CHANG: (415) 575-9197)

1700 MARKET STREET - north side of Market Street at the intersection of Haight Street and Gough Street, Lots 016 in Assessor’s Block 0855 - Request for a Variance from Planning Code Section 136 (permitted obstructions) and a modification of the rear yard requirements (Planning Code Section 134), which the Zoning Administrator will consider following the Planning Commission’s consideration of the request for Conditional Use Authorization. This project is located within a Moderate Scale Neighborhood Commercial Transit (NCT-3) District and 85-X Height and Bulk District.

(Continued from Regular Meeting of April 23, 2015)

(Proposed for Continuance to June 18, 2015)

3.             2014.1137D                                                                                                 (C. TOWNES: (415) 575-9174)

865 RHODE ISLAND STREET– east side of Rhode Island Street between Southern Heights Avenue and 20^th Street, Lot 056 in Assessor’s Block 4095 - Request for Discretionary Review of Building Permit Application No. 2013.1231.5423 (Remodel/Addition) proposing a remodel and 1,271 gross square foot addition to an existing single family residence involving a horizontal rear addition at the first, second and third floor levels, along with new rear decks at the second and third levels within the Potrero Hill Neighborhood, 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.

Staff Analysis: Full Discretionary Review

WITHDRAWN

 

B.         COMMISSION MATTERS

 

4.             Consideration of Adoption:

·         Draft Minutes for May 7, 2015

 

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.

               

C.         DEPARTMENT MATTERS

 

6.             Director’s Announcements

 

7.             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.

 

8.             2014.0653E                                                                                                (P. MALTZER: (415) 575-9038)

AGREEMENT FOR DISPOSAL OF SAN FRANCISCO MUNICIPAL WASTE AT RECOLOGY HAY ROAD LANDFILL IN SOLANO COUNTY - Appeal of Preliminary Negative Declaration for the proposed Agreement between the City of San Francisco and Recology to change the disposal site for San Francisco’s municipal solid waste (MSW).  Currently, San Francisco’s MSW is transported to the Altamont Landfill, located in eastern Alameda County, for disposal.  The proposed project consists of an Agreement to authorize the transportation of MSW from San Francisco to the existing Recology Hay Road Landfill located in unincorporated Solano County, at 6426 Hay Road, near State Route 113, southeast of Vacaville, where it would be disposed.  San Francisco and Recology would enter into an Agreement for the transportation and disposal of five million tons of San Francisco’s MSW at the Recology Hay Road Landfill, beginning in 2016.  At current rates of disposal, it is estimated that the Agreement would have a term of approximately 13 – 15 years.  No new construction or changes in current Recology operations within San Francisco are proposed.  No new construction or change in existing permits would be required at the Recology Hay Road Landfill in Solano County.  The Agreement between San Francisco and Recology to authorize the proposed change in disposal sites would need to be approved by the San Francisco Board of Supervisors.

(Continued from Regular Meeting of April 23, 2015)

 

9.                   2015-001201CUA                                                                                       (J. DISALVO: (415) 575-9182)

899 VALENCIA STREET - east side of the street between 19^th and 20^th Streets; Lot 113 in Assessor’s Block 3596 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 121.2, 145.4, 726.21, and 303, to establish a new approximately 7,100 square foot medical services use (dba Sutter Pacific Medical Foundation) within the existing vacant ground floor commercial space located in the Valencia Street NCT and a 55-X Height and Bulk District.  The project exceeds the non-residential use size limitation of 2,999 square feet in the Valencia Street NCT Zoning District. Additionally, the project exceeds more than 75 contiguous linear feet of ground floor commercial frontage along Valencia Street. No building expansion is proposed. 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

 

10.                2013.0321AX                                                                                                   (R. SUCRE: (415) 575-9108)

901 TENNESSEE Street - southeast corner of 20^th and Tennessee Streets; Lot 017 in Assessor’s Block 4108 - Request for a Large Project Authorization (LPA), pursuant to Planning Code Sections 329, to demolish the existing building and construct a four-story residential building with up to 44 dwelling units, 33 off-street parking spaces, 88 Class 1 bicycle parking spaces, 2 Class 2 bicycle parking spaces, and private and common open space. The subject property is located within the Dogpatch Landmark District, UMU Zoning District and a 40-X Height and Bulk District. Under the LPA, the project is seeking a modification to certain Planning Code requirements, including: 1) rear yard (Planning Code Section 134); 2) permitted obstructions over the street, setback, yard or useable open space (Planning Code Section 136); 3) dwelling unit exposure (Planning Code Section 140); and, 4) accessory use provisions for dwelling units (Planning Code Sections 329(d)(10) and 803.3(b)(1)(c)). On April 15, 2015, the project was reviewed by the Historic Preservation Commission for a Certificate of Appropriateness (See Case No. 2013.0321A). 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 May 7, 2015)

 

11.          2013.0614X                                                                                                   (B. BENDIX: (415) 558-6362)

600 SOUTH VAN NESS AVENUE - southwest corner of the intersection of 17^th Street and South Van Ness Avenue, Lot 070 in Assessor’s Block 3575 - Request for a Large Project Authorization pursuant to Planning Code Section 329 to construct a five-story, mixed-use building of approximately 34,715 gross square feet that contains 27 residential units, three ground floor commercial retail spaces totaling approximately 3,060 gross square feet, 17 off-street parking spaces, 27 bicycle parking spaces, and common open space, within the Urban Mixed Use (UMU) Zoning District and 58-X Height and Bulk District. The project is seeking a modification of the requirements for: 1) rear yard (Planning Code Section 134); 2) open space (Planning Code Section 135);  3) permitted obstructions over the street (Planning Code Section 136); 4) dwelling unit exposure (Planning Code Section 140); and, 5) street frontage (Planning Code Section 145.1). 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 April 30, 2015)

 

12a.        2011.1323EMTZ                                                                                            (T. CHANG: (415) 575-9197)

302   SILVER AVENUE - South side of Silver Avenue, bounded by Mission Street, Avalon Avenue and Lisbon Street, Assessors Block 5952, Lot 002 - Consideration of a Resolution of Intent to Initiate amendment to the General Plan pursuant to Planning Code Sections 304 and to amend Map 5 (Height and Bulk Map) of the Urban Design Element to reflect the proposed height on the proposed Jewish Home of San Francisco Special Use District.

Preliminary Recommendation: Initiate the Proposed GP Amendment

 

12b.         2011.1323EMTZ                                                                                              (T. CHANG: (415) 575-9197)

302   SILVER AVENUE - South side of Silver Avenue, bounded by Mission Street, Avalon Avenue and Lisbon Street, Assessors Block 5952, Lot 002 - Consideration of a Resolution of Intent to Initiate amendments to  the Planning Code and Zoning Map pursuant to Planning Code Section 302 to (a) amend the Planning Code text, adding Planning Code Section 249.72 to establish the Jewish Home of San Francisco Special Use District (SUD); (b) amend Special Use District (“SU”) Map SU11 to include the boundaries of the proposed SUD; and (c) amend Height (“HT”) Map  HT11 to reflect the proposed height, up to 80-feet, of the proposed SUD.

Preliminary Recommendation: Initiate the Proposed Amendments

 

13.          2013.1223CUA                                                                                                 (T. CHANG: (415) 575-9177)

2139 TARAVAL STREET - south side of the street between 31^st and 32^nd Avenues; Lot 042 in Assessor’s Block 2394 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 741.13, 145.4, and 303, to establish a Medical Cannabis Dispensary (d.b.a “Bay Area Compassion Health Care Center”), considered a non-active use as defined by Planning Code Section 145.4 within the Taraval Street NCD and 50-X Height and Bulk District.  The project includes tenant improvements proposed under Building Permit Number 2013.0723.2598. 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: Disapprove

 

F.            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

 

Please Note that

on

June 4, 2015

 

The San Francisco Planning Commission will consider adopting amendments to their Rules & Regulations, in accordance with San Francisco Charter, Article IV, Section 4.104.

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	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.