ROLL CALL:                                                                         

                                            President:                                Rodney Fong

                                            Vice-President:                      Cindy Wu

                                            Commissioners:                    Michael J. Antonini; Rich Hillis; Christine Johnson

                                                                                                Kathrin Moore; Dennis Richards

 

A.            CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

 

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

 

1.             2015-000988CWP                                                                                         (C. FLORES: (415) 558-6473)

PROPOSED COMMISSION-SPONSORED INTERIM CONTROLS RELATED TO THE MISSION ACTION PLAN (MAP) 2020 - Pursuant to Planning Code Section 306.7(e), on July 9, 2015 the Planning Commission initiated Interim Controls in the Mission District. The interim controls are intended to make explicit the Commission’s expectation for a dialogue about affordability; allow time for analysis of affordable housing needs; assess sites for affordable housing production; and stem the loss of existing income protected units while maintaining production, distribution, and repair (PDR) capacity in PDR zoned lands and preserving vital community resources. The proposed controls would require a Conditional Use authorization for certain projects which result in any of the following: 1) the loss of more than one rent-controlled dwelling unit; or 2) the production of five or more dwelling units; or 3) demolition or conversion of certain assembly, recreation, arts and entertainment or institutional uses. The area proposed for interim controls is generally defined by the following boundaries: 13^th and Division Streets to Mission Street, to Cesar Chavez Street, to Potrero Avenue, and back to 13^th and Division Streets—except that the Mission Street boundary would include any parcel with a property line on either side of Mission Street. The interim controls would be proposed for a period of six months. At this hearing the Commission may amend and adopt the interim controls.  

Preliminary Recommendation: TBD

(Continued from Regular Meeting of August 6, 2015)

            (Proposed for Continuance to September 10, 2015)

 

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

 

2.                   2008.0091E                                                                                               (T. JOHNSTON: (415) 575-9035)

SAN FRANCISCO WESTSIDE RECYCLED WATER PROJECT - Certification of the Final Environmental Impact Report. The proposed project, which is a component of the San Francisco Public Utilities Commission (SFPUC) Water System Improvement Program, involves the construction and operation of a recycled water treatment plant within the SFPUC’s Oceanside Water Pollution Control Plant (WPCP) located near the intersection of Great Highway and Skyline Boulevard. The plant would have an operational capacity to serve peak-day demands of up to 5 million gallons per day (mgd) (or 2 mgd annual average) to provide recycled water to be used primarily for irrigation of Golden Gate Park, Lincoln Park, and portions of the Presidio. Other project components include new and upgraded pump stations in Golden Gate Park at the existing Central Reservoir site, sub-surface storage facilities at the Oceanside WPCP and Central Reservoir, and approximately 8 miles of in-street pipelines located within Skyline Boulevard, Sloat Boulevard, 37th Avenue, Vicente Street, 36th Avenue, Lawton Street, 34th Avenue, Middle West Drive, Overlook Drive, John F. Kennedy Drive, Transverse Drive, Crossover Drive, 25th Avenue, Cabrillo Street, Clement Street, 24th Avenue, Anza Street, 16th Avenue, Lake Street, Oak Street, and 14th Avenue. These pipelines would connect the recycled water treatment plant to Golden Gate Park, Lincoln Park and the Presidio.

NOTE: The public hearing on the Draft EIR is closed. The public comment period for the Draft Supplemental EIR ended on May 4, 2015. Public comment will be received when the item is called during the hearing. However, comments submitted may not be included in the Final EIR.

Preliminary Recommendation:  Certify the Environmental Impact Report

 

3a.          2015-007190GPR                                                                                     (A. DESMUKE: (415) 575-9136)

SAN FRANCISCO WESTSIDE RECYCLED WATER PROJECT - Consideration of Adoption of Findings under the California Environmental Quality Act for the San Francisco Public Utilities Commission (SFPUC) Water System Improvement Program, involves the construction and operation of a recycled water treatment plant within the SFPUC’s Oceanside Water Pollution Control Plant (WPCP) located near the intersection of Great Highway and Skyline Boulevard.  

Preliminary Recommendation: Adopt Findings

  

3b.          2015-007190GPR                                                                                    (A. DESMUKE: (415) 575-9136)

SAN FRANCISCO WESTSIDE RECYCLED WATER PROJECT - Consideration of General Plan Referral pursuant to Section 4.105 of the Charter and Section 2A.53 of the Administrative Code of the City and County of San Francisco, and making Planning Code Section 101.1(b) findings recommending General Plan conformity findings for the San Francisco Public Utilities Commission (SFPUC) San Francisco Westside Recycled Water Project.

Preliminary Recommendation: Adopt a Resolution finding the project, on balance, in conformity with the General Plan.

 

C.         COMMISSION MATTERS

 

4.             Consideration of Adoption:

·         Draft Minutes for August 6, 2015

·         Draft Minutes for August 13, 2015

 

5.             Commission Comments/Questions

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

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

 

6.             ACTION ITEMS LIST – Discussion and prioritization.

 

D.         DEPARTMENT MATTERS

 

7.             Director’s Announcements

 

8.             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.            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.

 

9.             2015-000685DRP                                                                                       (C. TOWNES: (415) 575-9195)

548 RHODE ISLAND STREET - west side between 18^th and Mariposa Streets; Lot 001H in Assessor’s Block 4009 - Request for Discretionary Review of Building Permit Application No. 2015.01.16.5908 proposing a one-story vertical third floor addition, a two-story horizontal rear addition and interior/exterior alterations to an existing single family residence 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 purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Abbreviated Discretionary Review 

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of August 6, 2015)

 

10.          2014-002235DRM                                                                                        (N. FOSTER: (415) 575-9167)               

214 CALIFORNIA STREET - north side of California Street between Front and Battery Streets; Lot 007 in Assessor’s Block 0237 – Mandatory Discretionary Review pursuant to Planning Code Section 202 for the application to allow for a Medical Cannabis Dispensary (MCD) to operate at the subject property within the C-3-O (Downtown Office) Zoning District and 75-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:  Full Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and Approve with Modifications.

 

 (Continued from Regular Meeting of August 6, 2015)

 

G.            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.

 

11.                2014-000040CUA                                                                                               (A. KIRBY 415.575.9133)

1126 IRVING STREET - north side of Irving Street between Funston and 12th Avenues; Lot 021 in Assessor’s Block 1738 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 317 and 730.37, to allow the demolition of a two-story-over-garage, two-unit building and the construction of a four-story, three-unit building with ground-floor commercial space. The property is within the Inner Sunset 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 Section 31.04(h) of the San Francisco Administrative Code.      

Preliminary Recommendation: Approve with Conditions

(Continued from Regular Meeting of August 6, 2015)

 

12.          2014.0954C                                                                                                       (R. SUCRE: (415) 575-9108)

1314 Fitzgerald Avenue and 1409 Egbert Avenue - located on a rectangular lot bounded by Egbert Avenue, Jennings Street and Fitzgerald Avenue, Assessor’s Block 4912, Lots 001, 002, and 016 - Request for Planned Unit Development (PUD) - Conditional Use Authorization, pursuant to Planning Code Sections 121.9, 303 and 304, to subdivide large lots within a PDR District, demolish six industrial buildings (approximately 27,170 square feet), and construct two new, 30-ft-tall, industrial buildings (collectively measuring 28,200 square feet). The proposed project would retain an existing industrial building (1324 Fitzgerald Street) and the mixed-use buildings with ground floor retail and approximately five dwelling units (1401 Egbert Avenue/2814-2822 Jennings Street; 2824-2836 Jennings Street; and, 1300-1306 Fitzgerald Avenue). Under the PUD, the project is seeking a modification to the off-street parking requirements, as required in Planning Code Section 151. The subject property is located within the PDR-1-B (Production, Distribution and Repair-Light Industrial Buffer) and PDR-2 (Core Production, Distribution and Repair-Bayview) 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 Conditions

(Continued from Regular Meeting of August 6, 2015)

 

13a.        2014.0567BC                                                                                                  (B. BENDIX: (415) 575-9114)

2101 MISSION STREET - southeast corner of the Mission and 17^th Street intersection, Lot 091 in Assessor’s Block 3575 - Request for Office Development Authorization pursuant to Planning Code Sections 320 and 321, for 48,660 gross square feet of office use from the Office Development Annual Limit. The subject property is located in the Mission 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 Section 31.04(h) of the San Francisco Administrative Code.

Preliminary recommendation: Approve with Conditions

(Continued from Regular Meeting of August 6, 2015)

 

13b.        2014.0567BC                                                                                                  (B. BENDIX: (415) 575-9114)

2101 MISSION STREET – southeast corner of the Mission and 17^th Street intersection, Lot 091 in Assessor’s Block 3575 – Request for Conditional Use Authorization pursuant to Planning Code Sections 121.2, 303, 320, 321, 736.65 and 736.70 to (1) establish a 25,601 gross square-foot administrative service use (d.b.a. PlanGrid), (2) establish a 8,311 gross square-foot administrative service use (d.b.a. Crowd Flower); (3) establish a 14,748 gross square-foot administrative service use (tenant to be determined); (4) establish a 6,266 gross square-foot trade shop (repair) use (d.b.a. Orion); and, (5) expand an existing trade shop (artisan craft) use from 10,000 gross square feet up to 25,215 gross square feet. The subject property is located in the Mission Neighborhood Commercial Transit (NCT) Zoning District and 65-X Height and Bulk District.

Preliminary recommendation: Approve with Conditions

                                (Continued from Regular Meeting of August 6, 2015)

 

14.                2011.1122E                                                                                                      (D. LEWIS: (415) 575-9168)

75 HOWARD STREET - Certification of the Final Environmental Impact Report. The project site is located on the south side of Howard Street at the southwest intersection of Howard and Steuart Streets, Assessor’s Block 3741, Lots 031 and 035. Since publication of the DEIR, the project sponsor has indicated that the proposed project, as described in the DEIR, is no longer the preferred project. The preferred project, which is similar to the Code Compliant Alternative that was analyzed under the DEIR, involves the demolition of the existing 550-space, eight-level, commercial parking structure, and construction of an approximately 20-story, 220-foot-tall, 333,864-gross-square-foot (gsf) residential, high-rise tower containing 133 units and approximately 5,824 gsf of retail use with 102 off-street parking spaces in a two-level underground garage accessed from Howard Street.  The project site is located in a C-3-O(SD) – Downtown Office (Special Development) Use District and 200-S Height and Bulk District.

Note: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on September 23, 2013. Public comment will be received when the item is called during the hearing. However, comments submitted may not be included in the Final EIR.

Preliminary Recommendation: Certify the Final EIR

(Continued from Regular Meeting of July 23, 2015)

 

15a.        2011.1122XVCUA                                                                                           (T. CHANG: (415) 575-9197)

75 HOWARD STREET PROJECT - South side of Howard Street at the southwest intersection of Howard and Steuart Streets, Assessor’s Block 3741, 035 – Request for Acceptance of Delegation of Authority from the Office of Community Investment and Infrastructure (OCII) pursuant to Sections 33128 and 33205 of the California Health and Safety Code, which provides OCII access to Planning Department services and the authority to delegate to the Planning Department certain of OCII’s powers and functions with respect to the redevelopment of the 337 square-foot triangular parcel on the southeast corner of the subject property which currently falls under the Rincon Point – South Beach Redevelopment Plan.  The project site is located in a C-3-O(SD) – Downtown Office (Special Development) Use District and a 200-S Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

                Preliminary Recommendation: Accept Delegation of Authority

(Continued from Regular Meeting of July 23, 2015)

 

15b.        2011.1122E                                                                                                      (T. CHANG: (415) 575-9197)

75 HOWARD STREET PROJECT - South side of Howard Street at the southwest intersection of Howard and Steuart Streets, Assessor’s Block 3741, Lots 031 and 035. Request for Adoption of findings under the California Environmental Quality Act, for a project involving the demolition of the existing 550-space, eight-level, commercial parking structure, and construction of an approximately 20-story, 220-foot-tall, 333,864-gross-square-foot (gsf) residential, high-rise tower containing 133 units and approximately 5,824 gsf of retail use with 102 off-street parking spaces in a two-level underground garage accessed from Howard Street.  The project site is located in a C-3-O(SD) – Downtown Office (Special Development) Use District and a 200-S Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Adopt Findings

(Continued from Regular Meeting of July 23, 20150

 

15c.        2011.1122XVCUA                                                                                           (T. CHANG: (415) 575-9197)

75 HOWARD STREET PROJECT - South side of Howard Street at the southwest intersection of Howard and Steuart Streets, Assessor’s Block 3741, Lots 031 and 035 – Request for Determination of Compliance pursuant to Planning Code Section 309, with exceptions to the requirements Floor Area Ratio pursuant to Planning Code Section 124, Rear Yard pursuant to Planning Code Section 134, Ground-Level Wind Currents in C-3 Districts pursuant to Planning Code Section 148, Upper Tower Extensions in S Districts pursuant to Planning Code Section 263.9, and Bulk Limits pursuant to Planning Code Section 270 and 272.  The preferred project, which is similar to the Code Compliant Alternative that was analyzed under the DEIR, involves the demolition of the existing 550-space, eight-level, commercial parking structure, and construction of an approximately 20-story, 220-foot-tall, 333,864-gross-square-foot (gsf) residential, high-rise tower containing 133 units and approximately 5,824 gsf of retail use with 102 off-street parking spaces in a two-level underground garage accessed from Howard Street.  The project site is located in a C-3-O(SD) – Downtown Office (Special Development) Use District and 200-S Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

                Preliminary Recommendation: Approve with Conditions

(Continued from Regular Meeting of July 23, 2015)

 

15d.        2011.1122XVCUA                                                                                           (T. CHANG: (415) 575-9197)

75 HOWARD STREET PROJECT - South side of Howard Street at the southwest intersection of Howard and Steuart Streets, Assessor’s Block 3741, Lots 031 and 035 – Request for Conditional Use Authorization for parking exceeding principally permitted amounts pursuant to Planning Code Section 151.1. The project proposes three parking spaces for each four dwelling units, requiring Conditional Use Authorization. The preferred project, which is similar to the Code Compliant Alternative that was analyzed under the DEIR, involves the demolition of the existing 550-space, eight-level, commercial parking structure, and construction of an approximately 20-story, 220-foot-tall, 333,864-gross-square-foot (gsf) residential, high-rise tower containing 133 units and approximately 5,824 gsf of retail use with 102 off-street parking spaces in a two-level underground garage accessed from Howard Street.  The project site is located in a C-3-O(SD) – Downtown Office (Special Development) Use District and 200-S Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

                Preliminary Recommendation: Approve with Conditions

(Continued from Regular Meeting of July 23, 2015)

 

15e.        2011.1122XVCUA                                                                                           (T. CHANG: (415) 575-9197)

75 HOWARD STREET PROJECT - South side of Howard Street at the southwest intersection of Howard and Steuart Streets, Assessor’s Block 3741, Lots 031 and 035 – Request for Variances pursuant to Planning Code Sections 140 and 145.1, as the project does not meet Exposure or Active Street Frontage requirements.  The preferred project, which is similar to the Code Compliant Alternative that was analyzed under the DEIR, involves the demolition of the existing 550-space, eight-level, commercial parking structure, and construction of an approximately 20-story, 220-foot-tall, 333,864-gross-square-foot (gsf) residential, high-rise tower containing 133 units and approximately 5,824 gsf of retail use with 102 off-street parking spaces in a two-level underground garage accessed from Howard Street.  The project site is located in a C-3-O(SD) – Downtown Office (Special Development) Use District and 200-S Height and Bulk District.

(Continued from Regular Meeting of July 23, 2015)

 

3:30 P.M.

 

The following item(s) will be considered after the time indicated. Items listed here may not be considered prior to the time indicated above. It is provided as a courtesy to limit unnecessary wait times.

 

16.          2011.0409                                                                                                              (K. GUY: (415) 558-6163)

925 MISSION STREET - (“5M PROJECT”) - Informational Presentation - Multiple properties generally bounded by Mission Street to the north, Fifth Street to the east, and Howard Street to the south (Assessor Block 3725/Lots: 005, 006, 008, 009, 012, 042, 043, 044, 045, 046, 047, 076, 077, 086, 089, 090, 091, 093, 097, 098; air rights parcels 094, 099, and 100). The 5M Project proposes to demolish surface parking lots and four existing buildings, retain three existing buildings, and construct three new towers on the project site, with occupied building heights ranging from approximately 200 feet to 450 feet. The project includes approximately 821,300 square feet of residential uses (approximately 690 units), 807,600 square feet of office uses, and 68,700 square feet of other active ground floor uses (a mix of retail establishments, recreational and arts facilities, restaurants, workshops, and educational uses). The project would also include vehicular parking, bicycle parking, and loading facilities, private- and publicly-accessible open space, and streetscape and public-realm improvements. Topics to be discussed will include how the project relates to the context of the surrounding neighborhood and the urban form of the skyline, activation at the ground floor, and economic impacts of the project.

Preliminary Recommendation:  None – Informational

 

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	B	15 calendar days	Board of Appeals**
Conditional Use Authorization and Planned Unit Development	C	30 calendar days	Board of Supervisors
Building Permit Application (Discretionary Review)	D	15 calendar days	Board of Appeals
EIR Certification	E	30 calendar days	Board of Supervisors
Coastal Zone Permit	P	15 calendar days	Board of Appeals
Planning Code Amendments by Application	T	30 calendar days	Board of Supervisors
Variance (Zoning Administrator action)	V	10 calendar days	Board of Appeals
Permit Review in C-3 Districts, Downtown Residential Districts and Large Project Authorization in Eastern Neighborhoods	X	15 calendar days	Board of Appeals
Zoning Map Change by Application	Z	30 calendar days	Board of Supervisors

 

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

 

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

 

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

 

Challenges

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

 

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

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

 

Protest of Fee or Exaction

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

 

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