ROLL CALL:                                                                     

 

                                         President:                              Rich Hillis                                                                                    Vice-President:                     Dennis Richards

                                         Commissioners:                    Rodney Fong, Christine Johnson, Joel Koppel,

                                                                                          Myrna Melgar, Kathrin Moore

 

 

A.               CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

 

The Commission will consider a request for continuance to a later date.  The Commission may choose to continue the item to the date proposed below, to continue the item to another date, or to hear the item on this calendar.

 

1.            2017-003058CUA                                                                               (M. DITO: (415) 575-9164)

2323 MISSION STREET - east side of Mission Street, between 19^th and 20^th Streets on Assessor’s Block 3595, Lot 029 (District 9) - Request for Conditional Use Authorization pursuant to Planning Code Sections 145.2, 303, and 754 to establish an Outdoor Activity Area at an existing restaurant use (d.b.a. “Teeth”) in an existing two-story mixed-use building. The subject property is located within the Mission Street Neighborhood Commercial Transit District and 55-X Height and Bulk Districts. 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: Approval with Conditions

(Proposed for Continuance to November 16, 2017)

 

2a.          2015-015846DRM                                                             (E. GORDON-JONCKHEER: (415) 575-8728)

520 28^TH STREET  - north side of 28^th Street between Castro and Diamond Streets; Lot 008 in Assessor’s Block  6604 (District 8) - Staff-Initiated Discretionary Review, pursuant to Planning Code Section 311(c)(1), of Building Permit Application No. 2015.11.12.2431,  proposing vertical and horizontal additions to the existing one-story single-family home, including a new second floor, a new two-car garage,  and two new basement levels within a RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District. In addition, the Zoning Administrator will consider a Variance from the requirements for rear yard (per Planning Code Section 134).  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and Approve with Modifications

(Continued from Regular Meeting of July 6, 2017)

(Proposed for Continuance to November 16, 2017)

 

2b.         2015-015846DRP                                                              (E. GORDON-JONCKHEER: (415) 575-8728)

520 28^TH STREET  - north side of 28^th Street between Castro and Diamond Streets; Lot 008 in Assessor’s Block 6604 (District 8) - Request for Discretionary Review of Building Permit Application No. 2015.11.12.2431, proposing vertical and horizontal additions to the existing one-story single-family home, including a new second floor, a new two-car garage, and two new basement levels within a RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District. In addition, the Zoning Administrator will consider a Variance from the requirements for rear yard (per Planning Code Section 134). 

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and Approve with Modifications

               (Continued from Regular Meeting of July 6, 2017)

            (Proposed for Continuance to November 16, 2017)

 

2c.          2015-015846VAR                                                              (E. GORDON-JONCKHEER: (415) 575-8728)

520 28^TH STREET - north side of 28^th Street between Castro and Diamond Streets; Lot 008 in Assessor’s Block 6604 (District 8) - Request for a Rear Yard Variance from the Zoning Administrator pursuant to Planning Code Section 134 to allow the demolition and replacement of the roof of the existing noncomplying structure constituting an increase in the volume of the building within the required rear yard.  The project is located in a RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District. 

(Continued from Regular Meeting of July 6, 2017)

(Proposed for Continuance to November 16, 2017)

 

3a.          2013.1037C                                                                                          (C. MAY: (415) 575-9087)

650 DIVISADERO STREET - southeast corner of Divisadero and Grove Streets; Lot 002B in Assessor’s Block 1202 (District 5) - Request for Conditional Use Authorization pursuant to Planning Code Sections 121.1, 271, 303, 746.10 and 746.11 to permit the development of a 6-story mixed-use building containing 66 residential dwelling units above 26 ground floor parking spaces and 3,528 square feet of commercial uses within the Divisadero Street Neighborhood Commercial Transit (NCT) District, the Fringe Financial Services Restricted Use District and 65-A 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

(Continued from Regular Hearing of June 15, 2017)

(Proposed for Continuance to November 30, 2017)

 

3b.         2013.1037V                                                                                          (C. MAY: (415) 575-9087)

650 DIVISADERO STREET - southeast corner of Divisadero and Grove Streets; Lot 002B in Assessor’s Block 1202 (District 5) - Request for Rear Yard Modification pursuant to Planning Code Section 134 to permit the development of a 6-story mixed-use building containing 66 residential dwelling units above 26 ground floor parking spaces and 3,528 square feet of commercial uses within the Divisadero Street Neighborhood Commercial Transit (NCT) District, the Fringe Financial Services Restricted Use District and 65-A Height and Bulk District.

(Continued from Regular Meeting of June 15, 2017)

            (Proposed for Continuance to November 30, 2017)

 

4.                2014-002181CUA                                                                                (C. MAY: (415) 575-9087)

2670 GEARY BOULEVARD - northwest corner of Geary Boulevard and Masonic Avenue, Lot 003 in Assessor’s Block 1071 (District 2) - Request for Conditional Use Authorization pursuant to Planning Code Sections 121.1, 206.3, 271, and 303 to permit the development of a 10-story building containing 121 residential dwelling units above 2,193 square feet of ground floor commercial space and 7 parking spaces within a NC-3 (Neighborhood Commercial, Moderate-Scale) District and 80-D Height and Bulk District. This project is seeking increased dwelling unit density and height in exchange for providing a higher level of affordable housing than would otherwise be required through the application of the HOME-SF Program pursuant to Planning Code Section 206.3.  The project is seeking modifications to the usable open space and dwelling unit exposure requirements pursuant to Planning Code Sections 135 and 140 which may be granted by the Planning Commission pursuant to Planning Code Section 206.3.  The project is also seeking exceptions to the rear yard, architectural obstructions over streets and ground floor level active use requirements of Planning Code Sections 134, 136 and 206.3 through the procedures pursuant to Planning Code Section 303, and is seeking an exception to the bulk requirements pursuant to Planning Code Section 271.  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

(Continued from Regular Meeting of September 20, 2017)

            (Proposed for Continuance to November 30, 2017)

 

5.            2015-005763CUA                                                                                          (B. BENDIX: (415) 575-9114)

247 17^th AVENUE – west side, between California and Clement Streets, Lot 009 in Assessor’s Block 1416 (District 1) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 317 to demolish a two-family dwelling through a major alteration within an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District. The proposal includes renovation of the front façade and vertical and horizontal additions. The resulting building will contain two dwelling units. These actions constitute the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.                                 

                              Preliminary Recommendation:  Pending

(Proposed for Continuance to December 7, 2017)

 

B.         CONSENT CALENDAR

 

All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and may be acted upon by a single roll call vote of the Commission.  There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing

 

6.                2017-007135CND                                                                           (L. AJELLO: (415) 575-9142)

301-311 LAKE STREET – southwest corner of Lake Street and 4^th Avenue; Lot 001 in Assessor’s Block 1364 (District 2) - Request for Condominium Conversion Subdivision to convert a three-story, six-unit building into residential condominiums within a RH-2 (Residential, House, Two Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Approve

 

7.                2017-008069CND                                                                            (L. AJELLO: (415) 575-9142)

1849 CHESTNUT STREET - south side of Chestnut Street between Webster and Buchanan Streets; Lot 025 in Assessor’s Block 0493 - Request for Condominium Conversion Subdivision to convert a four-story, six-unit building into residential condominiums within a RH-3 (Residential, House, Three Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Approve

 

8.                2017-007745CND                                                                               (M. DITO: (415) 575-9164)

830 BRODERICK STREET - east side of Broderick Street, between Golden Gate Avenue and McAllister Street on Assessor's Block 1156, Lot 021 (District 5) - Request for a Condominium Conversion Subdivision, pursuant to Subdivision Code Sections 1332 and 1381, to convert a four-story, six-unit building into residential condominiums. The subject property is located within an RM-1 (Residential-Mixed, Low Density) Zoning District and 40-X Height and Bulk Districts. 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

 

9.                2017-006828CUA                                                         (G. PANTOJA: (415) 575-8741)

5160 GEARY BOULEVARD - between 15^th and 16^th Streets, Lot 049 in Assessor’s Block 1447 (District 1) - Request a Conditional Use Authorization pursuant to Planning Code Section 303, 303.1, and 712 to establish a Formula Retail Financial Service Use (d.b.a. “Preferred Bank”) at an existing 1,920 square-foot tenant space at the ground floor of an existing two-story commercial building, previously occupied by a Financial Service Use (d.b.a. “Pacific Western Bank”), within a NC-3 (Neighborhood Commercial, Moderate Scale) Zoning District and 40-X Height and Bulk District. The project was reviewed under the Community Business Priority Processing Program (CB3P). 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.          2016-014416CUA                                                                        (C. TOWNES: (415) 575-9195)

1745 TARAVAL STREET - south side of Taraval Street between 27th and 28th Avenues; Lot 041 in Assessor’s Block 2398  -  Request for a Conditional Use Authorization, pursuant to Planning Code Sections 781.1 and 303, for a change of use of ground-floor commercial tenant space from Retail Sales and Services (d.b.a. “Theme 18”) to Limited Restaurant [d.b.a. “Foam USA (Boba)]. The 440 sf commercial tenant space is located within a one- to two-story multi-tenant mixed-use corner building. Pursuant to Planning Code Section 781.1, an application for a permit to establish a Limited-Restaurant on the First Story and below is required to obtain Conditional Use Authorization. The subject property is located within the Taraval Street NCD (Neighborhood Commercial) Zoning District, Taraval Street Restaurant Subdistrict Special Use District, and 50-X Height and Bulk District. 

The project was reviewed under the Community Business Priority Processing Program (CB3P). 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

 

11.          2017-004104CUA                                                           (N. KWIATKOWSKA: (415) 575-9185)

855 BRANNAN STREET - southeast side of Brannan Street, between 7^th and 8^th Streets; Lot 001 of Assessor’s Block 3783 (District 6) - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 303, 303.1, and 843.46, to establish a new Formula Retail Limited-Restaurant use (d.b.a. “Peet’s Coffee”) in a vacant ground floor 1,658 square-foot tenant space in a newly constructed six-story, mixed-use building within the UMU (Urban Mixed Use) Zoning District and 68-X Height and Bulk District. The project is not a project under CEQA Guidelines Sections 15060(c) and 15378 because there is no direct or indirect physical change in the environment.

Preliminary Recommendation:  Approve with Conditions

 

C.         COMMISSION MATTERS

 

12.          Consideration of Adoption:

·       Draft Minutes for September 7, 2017

 

13.          Commission Comments/Questions

·       Inquiries/Announcements.  Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).

·       Future Meetings/Agendas.  At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.

D.         DEPARTMENT MATTERS

 

14.          Director’s Announcements

 

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

              

E.         GENERAL PUBLIC COMMENT – 15 MINUTES

 

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items.  With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting.  Each member of the public may address the Commission for up to three minutes.

 

F.                REGULAR CALENDAR 

 

The Commission Hearing Procedures provide for presentations by staff; followed by the project sponsor team; followed by public comment for and against the proposal.  Please be advised that the project sponsor team includes: the sponsor(s) or their designee, lawyers, architects, engineers, expediters, and/or other advisors.

 

16.                                                                                                                (D. JOHNSON: (415) 575-8735)

CONNECTSF – Informational Presentation - Staff will update the Commission on ConnectSF.  Led by the Planning Department in partnership with SFMTA, SFCTA, and OEWD, Connect SF is a partnership effort to create a unified, long‐range transportation vision for San Francisco.

Preliminary Recommendation: None - informational

 

 

17.          2015-012094GEN                                                                 (M. MADHAVAN: (415) 575-9095)

TRANSPORTATION IMPACT ANALYSIS GUIDELINES FOR ENVIRONMENTAL REVIEW - Informational Presentation by Planning Department staff. The Planning Department uses the guidelines for assessing project’s transportation impacts as part of the California Environmental Quality Act. The Planning Department is undergoing comprehensive updates to the guidelines, which the department last updated in 2002. The presentation will provide an understanding on the transportation topics within the guidelines, a brief overview of the update, status of the update, feedback sought, and the anticipated outcomes and schedule.

Preliminary Recommendation: None - informational

 

18.                  (D. SIDER: (415) 558-6697; A. STARR (415) 558-6362; D. SANCHEZ: (415) 575-9082)

CANNABIS REGULATION  - Informational Presentation on amendments to the Planning Code and other portions of the Municipal Code in order to [1] establish a local regulatory framework for the cultivation, sale and use of adult use cannabis consistent with 2016’s Proposition 64 (The Adult Use of Marijuana Act) and [2] update regulations relating to Medical Cannabis Dispensaries (MCDs). 

Preliminary Recommendation: None- Informational

 

19.             2016-015092MAP                                                                 (C. ALEXANDER: (415) 575-8724)

1990 FOLSOM STREET – Zoning Map Amendment for District Map No.ZN07 to rezone Assessor’s Block 3552 Lot 012 from PDR-1-G (Production, Distribution & Repair-1-General) to UMU (Urban Mixed-Use); and Height & Bulk District Map No. HT07 to increase the height limit for Block 3552 Lot 012 from 58-X to 90-X. These Zoning Use District Map and Height & Bulk District Map Amendments would support the 1990 Folsom Street Mixed-Use/100% Affordable Housing Project. The proposed amendments will be before the Planning Commission so that it may approve, reject, or approve with modifications and present this action to the Board of Supervisors for adoption.

Preliminary Recommendation:  Approve

 

20.             2014-002849CUA                                                                             (C. GROB: 9415) 575-9138)

1196 COLUMBUS AVENUE - north side of Columbus Avenue, on the east side of the intersection of Columbus Avenue, Jones and Bay Streets; Lot 007 in Assessor’s Block 0043 (District 3) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 210.1 & 303 to establish a hotel use (dba: Moxy Hotel) within the C-2 (Community Business) District, Telegraph Hill-North Beach Residential Special Use District and a 40-X Height and Bulk District. The project proposes to demolish the existing one-story commercial building and construct a four-story-over-basement, 28,308 square foot hotel with 75 rooms. 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

(Continued from Regular Meeting of July 20, 2017)

 

21.             2017-001598CUA                                                                          (N. FOSTER: (415) 575-9167)

580 GREEN STREET - north side of Green Street, at the intersection of Columbus Avenue and Stockton Street; Lot 020A in Assessor’s Block 0116 (District 3) - Request for Conditional Use Authorization pursuant to Planning Code Sections 121.2, 178(e)(5), 303, and 722.51 to permit a change of use of a nonconforming use and nonconforming use size. The subject property previously contained a bank (d.b.a. “Citibank”) (a Financial Services Use) and the proposed project would convert the existing 8,405 square foot commercial tenant space into a medical clinic (d.b.a. “North East Medical Services” or “NEMS”) (a Medical Service Use). In service of activating the frontages along Green and Stockton Streets, NEMS proposes two (2) Accessory Use retail spaces totaling approximately 500 square feet, to be used as Retail Sales and Service Uses (e.g. patient consultation; sales of medical devices, or gift shop). Because the existing Financial Services Use is nonconforming and exceeds the use size limits of the Code, the existing use and use size are both considered nonconforming. Even though the proposed Medical Service Use is a principally permitted use in the North Beach Neighborhood Commercial District (NCD), the change of use from the nonconforming use requires Conditional Use Authorization. Minor interior tenant improvements are proposed as part of the project, with no expansion of the existing building envelope. The subject property is located within the North Beach NCD (Neighborhood Commercial) Zoning District, the North Beach Financial Service, Limited Financial Service, and Business or Professional Service Subdistrict, the North Beach Special Use District,  Telegraph Hill and North Beach Residential Special Use District; and 48-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

(Continued from Regular Meeting of August 24, 2017)

 

22.          2017-006420CUA                                                           (N. KWIATKOWSKA: (415) 575-9185)

75 FOLSOM STREET (UNITS #1005 AND 1006) - southeast side of Folsom Street, between the Embarcadero and Spear Street; Lots 031 and 032 of Assessor’s Block 3744 (District 6) - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 303 and 317, to merge two dwelling units within an existing 17-story, 67-unit residential building into one approximately 3,000 square foot dwelling unit. The project would merge an approximately 1,500 square foot, two-bedroom, two-bathroom dwelling unit (#1005) with an approximately 1,500 square foot, two-bedroom, two-bathroom dwelling unit (#1006) within the RH-DTR (Rincon Hill Downtown Residential Mixed Use) Zoning District and 84-X, 105-X, 85/200-R Height and Bulk District.

Preliminary Recommendation:  Approve with Conditions                                           

 

G.               DISCRETIONARY REVIEW CALENDAR 

 

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

 

23.          2013.1330DRP                                                                                        (D. VU: (415) 575-9120)

1900 MISSION STREET - southwest corner of 15^th and Mission Streets, Lot 01  in Assessor’s

Block 3554 (District 9) - Request for Discretionary Review of Building Permit Application No. 2015.0708.0963, proposing to demolish the existing 1,690 sq. ft. automotive repair shop (dba Discount Auto Performance) and construct a 16,022 gross sq. ft., seven-story over basement, 75-feet tall mixed-use building that includes 805 sq. ft. of ground-floor commercial space, twelve dwelling units at all floors of the building, 1,370 sq. ft. of combined common and private open space and eighteen Class 1 bicycle parking spaces at the basement level within the Mission Street NCT (Neighborhood Commercial Transit) Zoning District and 80-B 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

(Continued from Regular Meeting of June 15, 2017)

NOTE: On February 23, 2017, after hearing and closing public comment, the matter was continued to April 13, 2017 by a vote of +7 -0.

On April 13, 2017, without hearing, the matter was continued to June 15, 2017 by a vote of +7 -0.

On June 15, 2017, without hearing, the matter was continued to July 6, 2017 by a vote of +4 -0.

On July 6, 2017, without hearing, the matter was continued to September 28, 2017 by a vote of +7 -0.

(Continued from Regular Meeting of July 6, 2017)

 

24a.       2016-001185DRP                                                                              (N. TRAN: (415) 575-9174)

711 CORBETT AVENUE - eastern side of Corbett Avenue, near the intersection of Romain Street and Corbett Avenue, Block 2755, Lot 017C (District 8) - Request for Discretionary Review of Building Permit Application No. 2016.05.03.6398, proposing to expand the existing two-story over basement single-family residence and increase the dwelling count to three units located 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).

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve as Revised

 NOTE: On August 24, 2017, after hearing and closing public comment, the commission continued the matter to September 28, 2017 by a vote of +5 -1 (Johnson against; Fong absent).

(Continued from Regular Meeting of August 24, 2017)

 

  24b.      2016-001185VAR                                                                                            (N. TRAN: (415) 575-9174)

711 CORBETT AVENUE - eastern side of Corbett Avenue, near the intersection of Romain Street and Corbett Avenue, Block 2755, Lot 017C (District 8) - The project requests Variances from the Zoning Administratorto infill under an existing deck and construct additions within the required front and rear yards. Planning Code Section 132 requires a front yard of 6 feet 5 inches and construction is proposed within ¼ inch of the front property line. Section 134 requires a 43 feet 4 inch rear yard and the proposal is within 16 feet 3 ½ inches of the rear boundary. Section 140 requires that each dwelling unit have windows facing directly onto a compliant rear yard or an open area no less than 25 feet in every horizontal direction. The proposed footprint expansion onto the noncomplying building encroaches within the required average front and rear yard and the ground floor unit will face onto a noncomplying rear yard. The project is within a RM-1 (Residential-Mixed, Low Density) Zoning District and 40-X Height and Bulk District.

(Continued from Regular Meeting of August 24, 2017)

 

25a.          2014.1060DRP                                                                                (C. ASBAGH: 415/575-9165)

1870 MARKET STREET - north side of Market Street, between Laguna Street and Octavia Blvd.; lot 004 of Assessor’s Block 0874 (District 8) - Request for Discretionary Review of building permit application No. 2015-0501-5151 that proposes to demolish the existing single story private garage and construct an 85-foot tall, 8-story, approximately 16,000 square-foot building containing 10 dwelling units and approximately 400 square feet of ground floor retail within a NCT-3 (Moderate Scale Neighborhood Commercial Transit) District and 85-X Height and Bulk District.

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and Approve with Conditions

 

25b.         2014.1060VAR                                                                                (C. ASBAGH: 415/575-9165)

1870 MARKET STREET - north side of Market Street, between Laguna Street and Octavia Blvd.; lot 004 of Assessor’s Block 0874 (District 8) – Request for a Rear Yard Modification (Section 134(e)(1) to allow a rear yard of 15 feet where 25 feet is required and a Variance for dwelling unit exposure (Section 140). The project is located in a NCT-3 (Moderate Scale Neighborhood Commercial Transit) District and 85-X Height and Bulk District.

 

H.               PUBLIC COMMENT

 

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

 

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

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

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

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

 

Adjournment

Hearing Procedures

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

 

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

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

 

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

 

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

 

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

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

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

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

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

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

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

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

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

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

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

 

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

 

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

 

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

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

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

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

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

6. DR requestor(s) or their designees are given two (2) minutes for rebuttal.

7.          Project sponsor(s) or their designees are given two (2) minutes for rebuttal.

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

 

The Commission must Take DR in order to disapprove or modify a building permit application that is before them under Discretionary Review.  A failed motion to Take DR results in a Project that is approved as proposed.

 

Hearing Materials

Advance Submissions: To allow Commissioners the opportunity to review material in advance of a hearing, materials must be received by the Planning Department eight (8) days prior to the scheduled public hearing.  All submission packages must be delivered to1650 Mission Street, Suite 400, by 5:00 p.m. and should include fifteen (15) hardcopies and a .pdf copy must be provided to the staff planner. Correspondence submitted to the Planning Commission after eight days in advance of a hearing must be received by the Commission Secretary no later than the close of business the day before a hearing for it to become a part of the public record for any public hearing.

 

Correspondence submitted to the Planning Commission on the same day, must be submitted at the hearing directly to the Planning Commission Secretary. Please provide ten (10) copies for distribution. Correspondence submitted in any other fashion on the same day may not become a part of the public record until the following hearing.

 

Correspondence sent directly to all members of the Commission, must include a copy to the Commission Secretary (commissions.secretary@sfgov.org) for it to become a part of the public record.

 

These submittal rules and deadlines shall be strictly enforced and no exceptions shall be made without a vote of the Commission.

 

Persons unable to attend a hearing may submit written comments regarding a scheduled item to: Planning Commission, 1650 Mission Street, Suite 400, San Francisco, CA  94103-2414.  Written comments received by the close of the business day prior to the hearing will be brought to the attention of the Planning Commission and made part of the official record. 

 

Appeals

The following is a summary of appeal rights associated with the various actions that may be taken at a Planning Commission hearing.

 

Case Type	Case Suffix	Appeal Period*	Appeal Body
Office Allocation	OFA (B)	15 calendar days	Board of Appeals**
Conditional Use Authorization and Planned Unit Development	CUA (C)	30 calendar days	Board of Supervisors
Building Permit Application (Discretionary Review)	DRP/DRM (D)	15 calendar days	Board of Appeals
EIR Certification	ENV (E)	30 calendar days	Board of Supervisors
Coastal Zone Permit	CTZ (P)	15 calendar days	Board of Appeals
Planning Code Amendments by Application	PCA (T)	30 calendar days	Board of Supervisors
Variance (Zoning Administrator action)	VAR (V)	10 calendar days	Board of Appeals
Large Project Authorization in Eastern Neighborhoods	LPA (X)	15 calendar days	Board of Appeals
Permit Review in C-3 Districts, Downtown Residential Districts	DNX (X)	15-calendar days	Board of Appeals
Zoning Map Change by Application	MAP (Z)	30 calendar days	Board of Supervisors

 

* Appeals of Planning Commission decisions on Building Permit Applications (Discretionary Review) must be made within 15 days of the date the building permit is issued/denied by the Department of Building Inspection (not from the date of the Planning Commission hearing).  Appeals of Zoning Administrator decisions on Variances must be made within 10 days from the issuance of the decision letter.

 

**An appeal of a Certificate of Appropriateness or Permit to Alter/Demolish may be made to the Board of Supervisors if the project requires Board of Supervisors approval or if the project is associated with a Conditional Use Authorization appeal.  An appeal of an Office Allocation may be made to the Board of Supervisors if the project requires a Conditional Use Authorization.

 

For more information regarding the Board of Appeals process, please contact the Board of Appeals at (415) 575-6880.  For more information regarding the Board of Supervisors process, please contact the Clerk of the Board of Supervisors at (415) 554-5184 or board.of.supervisors@sfgov.org.

 

An appeal of the approval (or denial) of a 100% Affordable Housing Bonus Program application may be made to the Board of Supervisors within 30 calendar days after the date of action by the Planning Commission pursuant to the provisions of Sections 328(g)(5) and 308.1(b). Appeals must be submitted in person at the Board’s office at 1 Dr. Carlton B. Goodlett Place, Room 244. For further information about appeals to the Board of Supervisors, including current fees, contact the Clerk of the Board of Supervisors at (415) 554-5184.

 

An appeal of the approval (or denial) of a building permit application issued (or denied) pursuant to a 100% Affordable Housing Bonus Program application by the Planning Commission or the Board of Supervisors may be made to the Board of Appeals within 15 calendar days after the building permit is issued (or denied) by the Director of the Department of Building Inspection. Appeals must be submitted in person at the Board's office at 1650 Mission Street, 3rd Floor, Room 304. For further information about appeals to the Board of Appeals, including current fees, contact the Board of Appeals at (415) 575-6880.

 

Pursuant to California Government Code Section 65009, if you challenge, in court, the decision of an entitlement or permit, the issues raised shall be limited to those raised in the public hearing or in written correspondence delivered to the Planning Commission prior to, or at, the public hearing.

 

Challenges

Pursuant to Government Code Section 65009, if you challenge, in court, (1) the adoption or amendment of a general plan, (2) the adoption or amendment of a zoning ordinance, (3) the adoption or amendment of any regulation attached to a specific plan, (4) the adoption, amendment or modification of a development agreement, or (5) the approval of a variance, conditional-use authorization, or any permit, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission, at, or prior to, the public hearing.

 

CEQA Appeal Rights under Chapter 31 of the San Francisco Administrative Code

If the Commission’s action on a project constitutes the Approval Action for that project (as defined in S.F. Administrative Code Chapter 31, as amended, Board of Supervisors Ordinance Number 161-13), then the CEQA determination prepared in support of that Approval Action is thereafter subject to appeal within the time frame specified in S.F. Administrative Code Section 31.16.  This appeal is separate from and in addition to an appeal of an action on a project.  Typically, an appeal must be filed within 30 calendar days of the Approval Action for a project that has received an exemption or negative declaration pursuant to CEQA.  For information on filing an appeal under Chapter 31, contact the Clerk of the Board of Supervisors at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102, or call (415) 554-5184.  If the Department’s Environmental Review Officer has deemed a project to be exempt from further environmental review, an exemption determination has been prepared and can be obtained on-line at http://www.sf-planning.org/index.aspx?page=3447. Under CEQA, in a later court challenge, a litigant may be limited to raising only those issues previously raised at a hearing on the project or in written correspondence delivered to the Board of Supervisors, Planning Commission, Planning Department or other City board, commission or department at, or prior to, such hearing, or as part of the appeal hearing process on the CEQA decision.

 

Protest of Fee or Exaction

You may protest any fee or exaction subject to Government Code Section 66000 imposed as a condition of approval in accordance with Government Code Section 66020.  The protest must satisfy the requirements of Government Code Section 66020(a) and must be filed within 90 days of the date of the first approval or conditional approval of the development referencing the challenged fee or exaction.  For purposes of Government Code Section 66020, the date of imposition of the fee shall be the date of the earliest discretionary approval by the City of the subject development.  

 

The Planning Commission’s approval or conditional approval of the development subject to the challenged fee or exaction as expressed in its Motion, Resolution, or Discretionary Review Action or the Zoning Administrator’s Variance Decision Letter will serve as Notice that the 90-day protest period under Government Code Section 66020 has begun.