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.

 

B.         COMMISSION MATTERS

 

1.             Consideration of Adoption:

·         Draft Minutes for April 21, 2016 – Closed Session

·         Draft Minutes for April 21, 2016 – Regular

 

2.             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

 

3.             Director’s Announcements

 

4.             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.

 

5.             2015-000988CWP                                                                                         (C. FLORES: (415) 558-6473)

MISSION ACTION PLAN (MAP) 2020 - An Informational Update on the status of the Mission Action Plan 2020 (MAP2020). The purpose of the Mission Action Plan is to retain and attract low to moderate income residents and community-serving businesses (including Production, Distribution and Repair), artists, and nonprofits in order to strengthen and preserve the socioeconomic diversity of the Mission neighborhood.

Preliminary Recommendation: None - Informational

 

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

SOUTHERN BAYFRONT STRATEGY – Informational Presentation - San Francisco’s southeast waterfront, stretching from Mission Creek to Candlestick Point, features a number of master-planned development projects, such as Pier 70 and India Basin, that propose to bring major new investment to this district with an industrial legacy. City staff, including staff from Office of Economic and Workforce Development and Planning, will provide an informational briefing on their efforts to guide this investment towards local community and citywide public benefit using targeted negotiation and interagency coordination.

Preliminary Recommendation: None – Informational

 

7.            2010.0515MAP_02                                                                                     (M. SNYDER: (415) 575-6891)

1101 CONNECTICUT STREET ZONING AND HEIGHT MAP AMENDMENTS (POTRERO HOPE SF DEVELOPMENT PROJECT “BLOCK X”) -   The Board of Supervisors has introduced legislation for a  Zoning Map Amendment amending Francisco Planning Code Zoning Use District Map Sheet ZN08  to rezone Block 4287, Lots 007 from P (Public) to RM-2 (Residential, Mixed Moderate-Scale) and amending Planning Code Height and Bulk District Map HT08 to rezone Block 4287  Lots 001A  and 007 from a 40-X Height and Bulk District to a 50-X Height and Bulk District. The proposed Ordinance is before the Commission so that it may recommend adoption, rejection, or adoption with modifications to the Board of Supervisors. 

Preliminary Recommendation:   Adopt a Recommendation for Approval

 

            8a.        2006.1523SHD                                                                                    (M. BOUDREAUX: (415) 575-9140)

40/50/62/78/88 1ST STREET, 512/516/526 MISSION STREET “OCEANWIDE CENTER” -(Assessor Block 3708/Lots 003, 006, 007, 009, 010, 011, 012 and 055) (District 6) - Request to Adopt Shadow Findings that the net new shadow will not have an adverse impact to the use of Union Square (Assessor's Block 0308/Lot 001), Portsmouth Square Plaza (0209/ Lot 017), St. Mary’s Square (Assessor's Block 0258/ Lot 003) and Justin Herman Plaza (Assessor's Block 0233/ Lot 035); and to Allocate Net New Shadow for Union Square, Portsmouth Square Plaza, St. Mary’s Square and Justin Herman Plaza to the Project (Planning Code Section 295), and Adoption of Findings under the California Environmental Quality Act. The Project proposes demolition of three buildings, construction of two new towers with occupied building heights of 850 feet (First Street Tower) and 605 feet (Mission Street Tower) and retention, or partial retention, of two existing buildings, plus street vacation. In total, the Project proposes approximately 1.08 million gross square feet of office, 265 residential units, 169-room hotel, and ground floor retail and open space uses. The Project site is located within Transit Center District and Downtown Plan Areas, and C-3-O (SD) (Downtown Office – Special Development) Zoning District and 550-S and 850-S-2 Height and Bulk Districts. 

Preliminary Recommendation:  Adopt Shadow Findings

 

8b.          2006.1523DNX                                                                                    M. BOUDREAUX: (415) 575-9140)

40/50/62/78/88 1ST STREET, 512/516/526 MISSION STREET “OCEANWIDE CENTER”- (Assessor Block 3708/Lots 003, 006, 007, 009, 010, 011, 012 and 055) (District 6) - Request for Determination of Compliance pursuant to Planning Code Section 309 with exceptions including “Streetwall Base”, “Tower Separation”, “Rear Yard”, “Reduction of Ground-Level Wind Currents in C-3 Districts”, “Freight Loading Access”, “Commercial to Non-Commercial Use Ratio”, “Unoccupied Vertical Extensions”, “Upper Tower Extensions”, and “Bulk”. The Project proposes demolition of three buildings, construction of two new towers with occupied building heights of 850 feet (First Street Tower) and 605 feet (Mission Street Tower) and retention, or partial retention, of two existing buildings, plus street vacation. In total, the Project proposes approximately 1.08 million gross square feet of office, 265 residential units, 169-room hotel, and ground floor retail and open space uses. The Project site is located within Transit Center District and Downtown Plan Areas, and C-3-O (SD) (Downtown Office – Special Development) Zoning District and 550-S and 850-S-2 Height and Bulk Districts. 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

 

            8c.        2006.1523OFA                                                                                    (M. BOUDREAUX: (415) 575-9140)

40/50/62/78/88 1ST STREET, 512/516/526 MISSION STREET “OCEANWIDE CENTER”- (Assessor Block 3708/Lots 003, 006, 007, 009, 010, 011, 012 and 055) (District 6) - Request for Office Allocation of Square Footage pursuant to Planning Code Sections 321 and 322 (the Annual Office Development Limitation Program) of approximately 1,057,549 gross square feet net new office space to the Project.  The Project proposes demolition of three buildings, construction of two new towers with occupied building heights of 850 feet (First Street Tower) and 605 feet (Mission Street Tower) and retention, or partial retention, of two existing buildings, plus street vacation. In total, the Project proposes approximately 1.08 million gross square feet of office, 265 residential units, 169-room hotel, and ground floor retail and open space uses. The Project site is located within Transit Center District and Downtown Plan Areas, and C-3-O (SD) (Downtown Office – Special Development) Zoning District and 550-S and 850-S-2 Height and Bulk Districts.

Preliminary Recommendation: Approve with Conditions

 

            8d.        2006.1523CUA                                                                                    (M. BOUDREAUX: (415) 575-9140)

40/50/62/78/88 1ST STREET, 512/516/526 MISSION STREET “OCEANWIDE CENTER”- (Assessor Block 3708/Lots 003, 006, 007, 009, 010, 011, 012 and 055) (District 6) - Request for Conditional Use Authorization pursuant to Planning Code Sections 210.2 and 303 for a 169-room tourist hotel.  The Project proposes demolition of three buildings, construction of two new towers with occupied building heights of 850 feet (First Street Tower) and 605 feet (Mission Street Tower) and retention, or partial retention, of two existing buildings, plus street vacation. In total, the Project proposes approximately 1.08 million gross square feet of office, 265 residential units, 169-room hotel, and ground floor retail and open space uses. The Project site is located within Transit Center District and Downtown Plan Areas, and C-3-O (SD) (Downtown Office – Special Development) Zoning District and 550-S and 850-S-2 Height and Bulk Districts. 

Preliminary Recommendation: Approve with Conditions

 

 

 

            8e.        2006.1523GPR                                                                                       (K. HADDADAN: (415) 575-9068)

40/50/62/78/88 1ST STREET, 512/516/526 MISSION STREET “OCEANWIDE CENTER”- (Assessor Block 3708/Lots 003, 006, 007, 009, 010, 011, 012 and 055) (District 6) - Request for Findings of Consistency with the General Plan and with the Priority Policies of Planning Code Section 101.1 for the proposed street vacations of portions of Jessie Street and Elim Alley for the Oceanwide Center Development Project, with conditions. The Project proposes demolition of three buildings, construction of two new towers with occupied building heights of 850 feet (First Street Tower) and 605 feet (Mission Street Tower) and retention, or partial retention, of two existing buildings, plus street vacation. In total, the Project proposes approximately 1.08 million gross square feet of office, 265 residential units, 169-room hotel, and ground floor retail and open space uses. The Project site is located within Transit Center District and Downtown Plan Areas, and C-3-O (SD) (Downtown Office – Special Development) Zoning District and 550-S and 850-S-2 Height and Bulk Districts.

Preliminary Recommendation: Adopt Findings of Consistency, with Conditions

 

            8f.         2006.1523VAR                                                                                    (M. BOUDREAUX: (415) 575-9140)

40/50/62/78/88 1ST STREET, 512/516/526 MISSION STREET “OCEANWIDE CENTER”- (Assessor Block 3708/Lots 003, 006, 007, 009, 010, 011, 012 and 055) (District 6) - Request for Variance from the requirements for bay windows (Planning Code Section 136), dwelling unit exposure (Planning Code Section 140), frontage and curb cuts (Planning Code Sections Section 145.1 and 155), and  a height exemption for the 550-S height limit for the Mission Street Tower elevator mechanicals (Planning Code Section 260). The Zoning Administrator will consider these requests following the Planning Commission’s consideration of the request for Adoption of Shadow Findings, Downtown Project Authorization, Office Allocation, Conditional Use Authorization, and Findings of Consistency with the General Plan for Street Vacations. The Project proposes demolition of three buildings, construction of two new towers with occupied building heights of 850 feet (First Street Tower) and 605 feet (Mission Street Tower) and retention, or partial retention, of two existing buildings, plus street vacation. In total, the Project proposes approximately 1.08 million gross square feet of office, 265 residential units, 169-room hotel, and ground floor retail and open space uses. The Project site is located within Transit Center District and Downtown Plan Areas, and C-3-O (SD) (Downtown Office – Special Development) Zoning District and 550-S and 850-S-2 Height and Bulk Districts.

 

            9a.        2008.0428K                                                                                                        (C. GROB: (415) 575-9138)

300 & 350 OCTAVIA STREET - east side of Octavia Street, south of Fell Street, north of Oak Street; Assessor’s Block 0832, Lots 92 and 94 (formerly lots 025 and 026) - Request to Adopt Shadow Findings pursuant to Planning Code Section 295 regarding a Shadow Study that concluded that the shadow cast by the proposed construction would not be adverse to the use of Patricia’s Green, land under the jurisdiction of the San Francisco Recreation and Parks Department. The Project includes the construction of two mixed-use buildings, one on Parcel M (lot 94) and one on Parcel N (lot 92). Each proposed building would contain 12 dwelling units and about 943 square feet of ground floor retail.  The project site is located in a Hayes-Gough Neighborhood Commercial Transit (NCT) and 50-X Height and Bulk District.

Preliminary Recommendation: Adopt Shadow Findings

 

 

            9b.        2014-002330CUA                                                                                             (C. GROB: (415) 575-9138)

300 & 350 OCTAVIA STREET - east side of Octavia Street, south of Fell Street, north of Oak Street; Assessor’s Block 0832, Lots 92 and 94 (formerly lots 025 and 026)  - Request for Conditional Use Authorization pursuant to Planning Code Sections 207.6 and 303 to establish a dwelling unit mix with less than 40% two-bedroom units. The Project includes the construction of two mixed-use buildings, one on Parcel M (lot 94) and one on Parcel N (lot 92). Each proposed building would contain 12 dwelling units and about 943 square feet of ground floor retail.  The project site is located in a Hayes-Gough Neighborhood Commercial Transit (NCT) and 50-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

 

            9c.        2014-002330VAR                                                                                             (C. GROB: (415) 575-9138)

300 & 350 OCTAVIA STREET - east side of Octavia Street, south of Fell Street, north of Oak Street; Assessor’s Block 0832, Lots 92 and 94 (formerly lots 025 and 026) - Request for Variances pursuant to Planning Code Sections 136 and 145.1 to exceed the maximum permitted dimensions for obstructions over streets and alleys, and to establish non-active uses at the ground floor. The Project includes the construction of two mixed-use buildings, one on Parcel M (lot 94) and one on Parcel N (lot 92). Each proposed building would contain 12 dwelling units and about 943 square feet of ground floor retail.  The project site is located in a Hayes-Gough Neighborhood Commercial Transit (NCT) and 50-X Height and Bulk District.

 

10.          2013.1125C                                                                                                       (R. SUCRE: (415) 575-9108)

1828 EGBERT AVENUE - located at the southwest corner of 25^th and Folsom Street, Lot 005 in Assessor’s Block 5434B - Request for Conditional Use Authorization and a Planned Unit Development, pursuant to Planning Code Sections 210.3, 303 and 304, to establish an Internet Services Exchange (ISE) within an existing four-story (64-feet 8-inches tall) building. The proposal includes a change in use of approximately 124,622 gross square feet from self-storage facility to ISE, and construction of a four-story addition (approximately 5,862 gross square feet) along the north facade. The proposal also includes up to 45 off-street parking spaces, one off-street freight loading parking spaces, and public realm improvements. Under the PUD, the project is requesting a modification to the requirements for off-street parking (Planning Code Section 151). The project site is located in a PDR-2 (Production Distribution and Repair) 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

 

11a.        2014-002024CUA                                                                      (R. SUCRE: 415/575-9108)

701 3^RD STREET -  located at the southeast corner of 3^rd and Townsend Streets, Lot 006 in Assessor’s Block 3794 (District 6) - Request for Conditional Use Authorization (CUA), pursuant to Planning Code Sections 303 and 842.49, to establish a new tourist hotel. The proposal would demolish the existing one-story commercial building and construct a new eleven-story (105-feet tall) hotel with approximately 116,274 square feet, 230 guest rooms, 2,000 gross square feet of ground floor retail, and 14 below-grade, off-street parking spaces. The project site is located within the MUO (Mixed-Use Office) Zoning District and 105-F 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

 

11b.        2014-002024ENX                                                                       (R. SUCRE: 415/575-9108)

701 3^RD STREET - located at the southeast corner of 3^rd and Townsend Streets, Lot 006 in Assessor’s Block 3794 (District 6) - Request for Large Project Authorization (LPA), pursuant to Planning Code Sections 329, to demolish the existing one-story commercial building and construct a new eleven-story (105-feet tall) hotel with approximately 116,274 square feet, 230 guest rooms, 2,000 gross square feet of ground floor retail, and 14 below-grade, off-street parking spaces. Under the LPA, the project is requesting exceptions to the requirements for permitted obstructions over the street (Planning Code Section 136) and street frontage (Planning Code Section 145.1). The project site is located within the MUO (Mixed-Use Office) Zoning District and 105-F 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

 

F.            DISCRETIONARY REVIEW CALENDAR 

 

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

 

12a.        2013.1383DRP-10                                                                                           (R. SUCRE: (415) 575-9108)

3516 FOLSOM STREET - west side of Folsom Street between Bernal Heights Boulevard and Chapman Street; Lot 013 in Assessor’s Block 5626 (District 9) - Request for Discretionary Review of Building Permit Application No. 2013.12.16.4322, proposing new construction of a two-and-one-half-story, single-family residence with a roof deck within a RH-1 (Residential, House, One-Family) Zoning District, Bernal Heights Special Use 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

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of March 31, 2016)

Please Note: On March 31, 2016, after hearing and closing public comment; the Commission continued this matter to May 5, 2016 by a vote of +5 -0 (Commissioners Johnson and Wu were absent).

 

12b.        2013.1383DRP-09                                                                                           (R. SUCRE: (415) 575-9108)

3526 FOLSOM STREET - west side of Folsom Street between Bernal Heights Boulevard and Chapman Street; Lot 014 in Assessor’s Block 5626 (District 9) - Request for Discretionary Review of Building Permit Application No. 2013.12.16.4318, proposing new construction of a two-and-one-half-story, single-family residence with a roof deck within a RH-1 (Residential, House, One-Family) Zoning District, Bernal Heights Special Use 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

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

                (Continued from Regular Meeting of March 31, 2016)

Please Note: On March 31, 2016, after hearing and closing public comment; the Commission continued this matter to May 5, 2016 by a vote of +5 -0 (Commissioners Johnson and Wu were absent).

 

13.          2014.1094DRP                                                                                                 (J. SPEIRS: (415) 575-9106)

503 ANDERSON STREET - east side between Tompkins and Ogden Avenues; Lot 025 in Assessor’s Block 5724 (District 11) - Request for Discretionary Review of Building Permit Application No. 2014.03.19.1158, proposing to construct a new three-story one-unit residential building within the RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

 

G.            PUBLIC COMMENT

 

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

 

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

 

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

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

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

 

Adjournment

Hearing Procedures

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

 

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

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

 

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

 

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

 

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

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

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

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

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

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

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

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

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

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

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

 

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

 

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

 

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

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

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

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

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

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.