Planning Commission - October 12, 2017 - Agenda
SAN FRANCISCO
PLANNING COMMISSION
Notice of Hearing
&
Agenda
Commission Chambers Room 400,
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
Thursday, October 12, 2017
1:00 p.m.
Regular Hearing
Commissioners
Rich Hillis, President
Dennis Richards, Vice President
Rodney Fong, Christine Johnson, Kathrin Moore, Joel Koppel, Myrna Melgar
Commission Secretary
Jonas P. Ionin
|
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ROLL CALL
| President: | Rich Hillis |
| Vice-President: | Dennis Richards |
| Commissioners: | Rodney Fong, Christine Johnson, Kathrin Moore, Joel Koppel, Myrna Melgar |
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. 2014-003160CUA (D. VU: (415) 575-9120)
3314 CESAR CHAVEZ STREET - north side between Mission Street and South Van Ness Avenue - Lot 012 in Assessor’s Block 6571 (District 9) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 121.1 and 303 for the demolition of an existing 13,000 sq. ft. light industrial building and construction of a 65-ft. tall, six-story and 49,475 sq. ft. mixed-use building that includes approximately 11,430 sq. ft. of ground floor commercial retail and 48,365 sq. ft. of residential use for 58 dwelling units. The proposed project would also include a total 9,020 sq. ft. of private and common residential open space, 62 Class 1 bicycle parking spaces, and an approximately 6,300 sq. ft. basement-level garage for 27 accessory automobile and 1 car-share parking spaces. The subject properties are located within the Mission Street Neighborhood Commercial Transit (NCT) 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 San Francisco Administrative Code Section 31.04(h).
Preliminary Recommendation: Approve with Conditions
(Proposed for Continuance to December 7, 2017)2. 2014-000150DRP (D. VU: (415) 575-9120)
1959-1961 OAKDALE AVENUE - south side between Rankin and Quint Streets, Lots 034 & 035 in Assessor’s Block 5319 (District 10) - Request for Discretionary Review of Building Permit Application No. 2016.0919.8063, proposing to construct an approximately 2,040 gross sq. ft., 30-ft. tall, three-story, two-family dwelling with an attached two-car garage on a vacant lot in 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: Do Not Take Discretionary Review and Approve
WITHDRAWN
B. COMMISSION MATTERS
3. Consideration of Adoption:
- Draft Minutes for September 14, 2017
- Draft Minutes for September 14, 2017 (Addendum)
- Draft Minutes for September 28, 2017
- Draft Minutes for September 28, 2017 (Joint w/Health)
4. 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
5. Director's Announcements
6. 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.
7. (B. BENDIX: (415) 575-9114)
REMOVAL OF RESIDENTIAL FLATS POLICY - Discussion and possible action on a proposed Planning Commission Policy that would require Mandatory Discretionary Review for projects proposing the removal of a Residential Flat.
Preliminary Recommendation: Adoption8. 2016-003258CUA (L. AJELLO: (415) 575-9142)
218 27TH AVENUE - east side of 27th Avenue, between California and Lake Streets, Lot 038 in Assessor’s Block 1386 (District 2) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 317 to demolish a two-story, single-family dwelling and construct a new four-story, 3-unit residential building within a RM-1 (Residential, Mixed, Low Density) 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 Conditions9. 2017-001283CUA (M. CHRISTENSEN: (415) 575-8742)
792 CAPP STREET - west side of Capp Street, between 22nd and 23rd Streets; lot 019B of Assessor’s Block 3637 (District 9) - Request for Conditional Use Authorization pursuant to Planning Code Sections 209.4, 303, and 317, proposing to demolish the existing two-story single-family home and construct a new four-story (40 foot tall) residential structure containing four dwelling units within the Residential Transit Oriented - Mission (RTO-M) Zoning District, Calle 24 Special Use 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 Conditions10. 2017-008533CUA (E. JACKSON: (415) 558-6363)
1354 CASTRO STREET - west side of Castro Street, corner of Jersey Street, Lot 007 in Assessor’s Block 6506 (District 8) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 728 to establish a formula retail financial services use (d.b.a. First Republic Bank) in an existing approximately 850 square foot tenant space within the 24th Mission Street - Noe Valley NCD (Neighborhood Commercial 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 Conditions11a. 2017-004562CUA (N. TRAN: (415) 575-9174)
799 CASTRO STREET & 3878-3880 21ST STREET - northeast corner of Castro and 21st Streets; lot 024 of Assessor’s Block 3603, located within a RH-2 (Residential-House, Two Family) and 40-X Height and Bulk District (District 8) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 317, to demolish an existing mixed-use structure (commercial office/single-family) and construct a three-story over basement single-family residence. The subject property contains three dwelling units, two units in a building at the rear of the property, and one unit with office in a building at the front. Under a separate building permit, 2017.04.04.3134, one new accessory dwelling unit is proposed in the rear building (3878-3880 21st St). 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 Conditions11b. 2008.0410V (N. TRAN: (415) 575-9174)
799 CASTRO STREET & 3878-3880 21ST STREET - northeast corner of Castro and 21st Streets; lot 024 of Assessor’s Block 3603, located within the Irving Street Neighborhood Commercial District ("NCD") and the 65-A Height and Bulk District (District 8) - Request for Variances from the Zoning Administrator to construct within the required front setback and rear yard. Planning Code Section 132 requires a front setback of 4 feet - 5 inches and construction is proposed to the front property line. Section 134 requires a rear yard of 25% of the total lot depth or 15 feet between the two buildings on the lot and the proposal provides only a 10 foot separation. The property is legally non-complying in regards to the rear yard requirement because there is a two-story over basement with two dwelling units located entirely within rear yard.
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. 2015-018019DRM (E. JACKSON: (415) 558-6363)
247 NEY STREET - north side of Ney Street, between Congdon and Trumbull Streets, Lot 046 in Assessor’s Block 5871 (District 11) - Request for a Discretionary Review of Building Permit Application No. 2015.0106.5038 proposing construction of a 2-story vertical addition to an existing 1-story structure within a RH-1 (Residential House, Single-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: Take DR and Approve with Modifications12b. 2015-018019VAR (E. JACKSON: (415) 558-6363)
247 NEY STREET - north side of Ney Street, between Congdon and Trumbull Streets, Lot 046 in Assessor’s Block 5871 (District 11) - Request for Variances from the Zoning Administrator for the construction of a 2-story vertical addition on an existing 1-story structure within a RH-1 (Residential House, Single-Family) Zoning District and 40-X Height and Bulk District. The existing single story structure extends into the front setback and required rear yard. The proposed second story will be setback 1 foot from the front property line and 4.5 feet from the rear property line; therefore, the project requires variances from the Planning Code for front setback, rear yard, and noncomplying structures, pursuant to Sections 132, 134 and 188.
3:00 p.m.
Items listed here may not be considered prior to the time indicated above. It is provided as a courtesy to limit unnecessary wait times. Generally, the Commission adheres to the order of the Agenda. Therefore, the following item(s) will be considered after the time indicated.
13. 2016-002424CUA (N. TRAN: (415) 575-9174)
2161-2165 IRVING STREET - south side of Irving Street, between 22nd and 23rd Avenues; lot 037 of Assessor’s Block 1777 (District 4) - Request is for Conditional Use Authorization pursuant to Planning Code Sections 303 and 732, proposing to establish a new Medical Cannabis Dispensary (MCD) (d.b.a. Barbary Coast Dispensary) in vacant ground commercial spaces of the subject property located within the Irving Street Neighborhood Commercial Zoning District and 65-A Height and Bulk District. The MCD would not allow for on-site medication of medical cannabis (e.g. smoking, vaporizing, and consumption of medical cannabis edibles), nor would the MCD permit on-site cultivation of plants for harvesting medical product. The MCD would permit on-site sales of medical cannabis. 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. 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
NOTICE OF PUBLIC HEARING
REGARDING PROPOSED DEVELOPMENT AGREEMENT
(OCTOBER 19, 2017)
Case No. 2015-005848DVA: 1629 Market Street Mixed-Use Project Development Agreement [Board File No. 170939], located on the south side of Market Street between 12th and Brady Streets; Assessor’s Block 3505 Lots 001, 007, 008, 027, 028, 029, 031, 031A, 032, 032A, 033, 033A, 034 and 035 (District 6) – On October 19, 2017, the Planning Commission will hold a public hearing to consider a Request for Approval of a Development Agreement between the City and County of San Francisco and “Strata Brady, LLC” in association with the 1629 Market Street Project. The proposed Development Agreement will address the project’s public benefits, including inclusionary and other affordable housing commitments and privately-owned publicly-accessible open space. Pursuant to San Francisco Administrative Code Section 56.4(c), the Director of Planning has received and accepted a complete application for the above-mentioned development agreement which is available for review by the public at the Planning Department in Planning Department Case File No. 2015-005848DVA.
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.
- 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:
- A thorough description of the issue(s) by the Director or a member of the staff.
- 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.
- 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.
- Public testimony from proponents of the proposal: An individual may speak for a period not to exceed three (3) minutes.
- Public testimony from opponents of the proposal: An individual may speak for a period not to exceed three (3) minutes.
- Director's preliminary recommendation must be prepared in writing.
- Action by the Commission on the matter before it.
- In public hearings on Draft Environmental Impact Reports, all speakers will be limited to a period not to exceed three (3) minutes.
- 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.
- Public comment portion of the hearing shall be closed and deliberation amongst the Commissioners shall be opened by the Chair;
- 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:
- A thorough description of the issue by the Director or a member of the staff.
- 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.
- Testimony by members of the public in support of the DR would be up to three (3) minutes each.
- 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.
- Testimony by members of the public in support of the project would be up to three (3) minutes each.
- DR requestor(s) or their designees are given two (2) minutes for rebuttal.
- Project sponsor(s) or their designees are given two (2) minutes for rebuttal.
- 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.