ROLL CALL:                                                                         

 

                                            President:                                Rodney Fong

                                            Vice-President:                      Dennis Richards

                                            Commissioners:                    Rich Hillis, 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.             2015-013617CUA                                                                                          (B. BENDIX: (415) 575-9114)

471 24^TH AVENUE - located on the west side of 24^th Avenue between Clement Street and Geary Boulevard, Lot 013 in Assessor’s Block 1456 (District 1) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 317 to demolish a two-story single family dwelling through a major alteration within a RM-1 (Residential, Mixed, Low Density) Zoning District and 40-X Height and Bulk District. The project will construct horizontal additions at the front and rear of the existing structure, construct a two-story vertical addition, renovate the front façade and establish two addition dwelling units. The resulting 40-foot tall building will contain three dwelling units. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve with Conditions

(Proposed for Continuance to October 6, 2016)

 

2.             2016-007216CUA                                                                                            (A. PERRY: (415) 575-9017)

1116 POLK STREET – located on the east side of Polk Street between Post and Hemlock Streets, Lot 012 in Assessor’s Block 0692 (District 3) – Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 723.27 to allow an extension to the hours of operation until 4 a.m. daily, for an existing Limited Restaurant (d.b.a. Mustafio’s Pizza). No other changes are proposed. The subject property is located in the Polk Street Neighborhood Commercial District (NCD), the Lower Polk Street Alcohol Restricted Use District, and 130-E Height and Bulk District. The Project is not subject to the California Environmental Quality Act (CEQA) as the extension of hours is not considered a project under CEQA.

Preliminary Recommendation: Approve with Conditions

(Proposed for Continuance to October 6, 2016)

 

3a.          2015-001277drp                                                                                      (t. kennedy: (415) 575-9125)

3772 20^th street - north side between Dolores Street and Guerrero Street; Lot 138-141 in Assessor’s Block 3598 (District 8) - Request for Discretionary Review of Building Permit Application No. 2015.06.16.9131, proposing to replace and modify an existing rear stair way and construct a roof deck over an existing garage in the rear yard of an existing four-unit residential building within a RH-3 (Residential House, Three-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

(Continued From Regular Hearing of September 8, 2016)

(Proposed for Continuance to December 8, 2016)

 

3b.          2015-001277VAR                                                                                      (t. kennedy: (415) 575-9125)

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

(Continued From Regular Hearing of September 8, 2016)

(Proposed for Continuance to December 8, 2016)

 

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

 

4.             2016-006465CUA                                                                                (C. ALEXANDER: (415) 575- 8724)

1101 VAN NESS AVENUE – southwest side of Van Ness Avenue between Geary Boulevard, Post Street, and Franklin Street; Lots 005&006 in Assessor’s Block 0695 (District 5) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 608.11, to allow the use of the adjacent NC-3 District sign controls for the installation of three identifying wall signs on the new Sutter CPMC hospital building within a RC-4 (Residential-Commercial, High Density) Zoning District, Van Ness SUD, Van Ness Medical Use Subdistrict and 230-V Height and Bulk District.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve with Conditions

(Continued from Regular hearing of September 8, 2016)

5.             2016-007837CUA                                                                                             (C. GROB: (415) 575-9138)

466 EDDY STREET - Located on the north side of Eddy Street between Hyde and Leavenworth Streets, Lot 013 in Assessor’s Block 0334 (District 6) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 249.5 and 303(n) to allow 622 square feet of Massage Use as an accessory use to a 2,520 square foot Personal Service Use (d.b.a. Onsen Spa and Tea Room). The project does not propose any physical alterations to the existing building.  The subject property is located in the RC-4 (Residential-Commercial, High-Density) Zoning District, the North of Market Residential Special Use District, and 80-T 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

 

 

 

6.             2016-002258CND                                                                                        (J. DISALVO: (415) 575-9182)

785 SAN JOSE AVENUE - located on the east side of San Jose Avenue between 30^th and 29^th Streets; Lot 027 in Assessor’s Block 6635 (District 9) - Request for Condominium Conversion Subdivision to convert a four-story building containing six residential units into six residential condominiums within a RH-3 (Residential, House Three-Family) Zoning District and 40-X Height and Bulk District. The project was determined not to be 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

           

7.             2015-003067CUA                                                                                        (J. DISALVO: (415) 575-9182)

144 CASHMERE STREET - north of Dedman Court, east of Innes Avenue, and southwest of Hudson Avenue; Lot 084 of Assessor’s Block 4710 (District 10) – Request for a Conditional Use Authorization - Planned Unit Development pursuant to Planning Code Sections 303 and 304, to establish a new property management office and modify the required rear yard (Planning Code Section 134) previously approved by the San Francisco Redevelopment Agency. The proposal includes construction of a new one-story office building with approximately 900 square feet for the property management office (d.b.a. Ridge Point Non-Profit Housing Corporation) to serve the residents of the Ridgeview Terrace and the Jackie Robinson Apartments, which were developed under the San Francisco Redevelopment Agency. The project would reduce the amount of public open space from 107,160 square feet to 105,500 square feet. The project is located in a RH-2 (Residential House Two Family) and a RH-1 (Residential House One Family) Zoning Districts 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.

Preliminary Recommendation:  Approve with conditions

(Continued from Regular hearing of September 8, 2016)

C.         COMMISSION MATTERS

 

8.             Consideration of Adoption:

·         Draft Minutes for September 8, 2016

·         Draft Minutes for September 15, 2016

 

                9.             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

 

10.          Director’s Announcements

 

11.          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.

 

12.          2016-008126MAP                                                                                           (A. STARR: (415) 558-6362)

UPPER MARKET STREET – Planning Code and Zoning Map Amendment - Ordinance amending the Planning Code to revise Section Map ZN07 of the Zoning Map to delete the Upper Market Street Neighborhood Commercial (NC) District and reclassify Block 2623, Lot 006 at 376 Castro Street and Block 2623, Lot 091 at 2416-2420 Market Street from Upper Market Street NC District to the Upper Market Street Neighborhood Commercial Transit (NCT) District; affirming the Planning Commission’s determination under the California Environmental Quality Act; making findings of public convenience, necessity, and welfare under Planning Code, Section 302; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1.

Preliminary Recommendation: Adopt a Recommendation for Approval

                                (Continued from Regular hearing September 22, 2016)

 

13.          2016-008768PCA                                                                                            (A. STARR: (415) 558-6362)

AMUSEMENT ARCADES IN EN MIXED USE DISTRICTS [BF 160748] - Planning Code Amendment - Ordinance introduced by Supervisor Kim that would amend the Planning Code to allow amusement arcades in Eastern Neighborhoods Mixed Use Districts except for the Residential Enclave Districts; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public convenience, necessity, and welfare under Planning Code, Section 302.

Preliminary Recommendation: Adopt a Recommendation for Approval with Modifications

 

14.          2015-002135CUA                                                                                        (C. TOWNES: (415) 575-9195)

854 CAPP STREET - west side of Capp Street between 23^rd and 24^th Streets; Lot 041 in Assessor’s Block 3642 (District 9)  - Request for a Conditional Use Authorization (CUA), pursuant to Planning Code Section 303 and 317, to demolish the existing 2,020 square foot, one-story-over-basement, single family residence (with detached rear accessory building) on a 3,062 sf (25’x122.5’) lot, and construct a new 40-foot tall, four-story, 7,815 square foot, residential building with four dwelling units.  Pursuant to Planning Code Section 317(c), an application for a permit that would result in the loss of one or more Residential Units is required to obtain Conditional Use Authorization and the application for a replacement building shall be subject to Conditional Use requirements. The subject property is located within the RTO-M (Residential Transit Oriented- Mission) 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.

Preliminary Recommendation:  Approve with Conditions

(Continued from Regular hearing September 15, 2016)

 

15.          2015-003791CUA                                                                                              (N. TRAN: (415) 575-9174)

203 COTTER STREET - south side of Cotter Street, between Cayuga and San Jose Avenues, Block 6795A, Lot 029 (District 11)  - Request for a Conditional Use Authorization (CUA), pursuant to Planning Code Section 303 and 209.1, to construct a new K-8 school (d.b.a. Golden Bridges School) at 203 Cotter Street, an undeveloped site currently used as neighborhood agricultural. The proposed institution includes an approximately 15,400 gross square foot two-story building (24 feet – 8 inches) divided into two sections by an open air central corridor, six internal courtyard spaces, 41 bicycle parking spaces (33 Class 1 and eight Class 2) and a U-shaped drive that can accommodate up to five cars for on-site passenger loading/unloading. The subject property is located within a RH-1 (Residential-House, One Family) zoning and 40-X 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

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.