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.             2014-000348DRP                                                                                            (A. KIRBY: (415) 575-9133)

981 GROVE STREET – south side between Steiner and Fillmore Streets; Lot 024 in Assessor’s Block 0803 – Request for Discretionary Review of Building Permit Application No. 2014.05.14.5715 proposing to construct a vertical addition at the rear of a two-story single-family dwelling located within a RH-2 (Residential House, Two-Family) District, 40-X Height and Bulk District, and the Alamo Square Landmark District. A Certificate of Appropriateness for the proposed project was approved by the Historic Preservation Commission on August 6, 2014, and the Zoning Administrator granted a rear yard variance for the project on October 2, 2014, under Case No. 2014.0425AV.  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: Abbreviated Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

(Proposed for Continuance to March 19, 2015)

 

2.                   2014-002311PCA                                                                                     (A. RODGERS: (415) 558-6395)

FORMULA RETAIL AND LARGE SCALE RETAIL DUPLICATED FILE [BOARD FILE NO. 141131] – Planning Code Amendments introduced by Supervisor Weiner amending Formula Retail and Large Scale Retail [Board File No. 140844] to exclude Financial Services, Limited Financial Services and Personal Services above the ground floor from the definition of Formula Retail and require that where there has been a prior determination that a proposed project is a Formula Retail Use and the project sponsor subsequently removes one or more Formula Retail use features, the project will remain subject to a Conditional Use authorization; and adopting findings, including environmental findings, Section 302 finding, and 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 with Modifications

(Proposed for Indefinite Continuance)

 

3a.          2014.1426CV                                                                                                 (M. SMITH:  (415) 558-6322)

4022 – 4026 24^th STREET – north side of the street between Castro and Noe Streets; Lot 010 in Assessor’s Block 3656 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 728.21, 728.41, and 303 to construct an addition at the rear of the building that would add two dwellings and expand the existing bar use beyond the 2,499 gross square-foot use size limitation for the District.  The project includes remodeling the storefront and adding a roof deck with two stair penthouses for access.  The project also requires a parking reduction pursuant to Section 161 of the Code and a rear yard variance pursuant to Section 134 of the Code for the ground floor portion that extends into the required rear yard.  The project site is located within the 24^th Street/ Noe Valley Neighborhood Commercial District and 40-X Height and Bulk Districts.  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

(Proposed for Indefinite Continuance)

 

3b.          2014.1426CV                                                                                                 (M. SMITH:  (415) 558-6322)

4022 – 4026 24^th STREET – north side of the street between Castro and Noe Streets; Lot 010 in Assessor’s Block 3656 - Request for a Rear Yard Variance pursuant to Section  134 of the  Planning Code to construct a  three-story addition at the rear of a mixed-use building. The proposed addition would extend the depth of the building to the rear property line at the ground floor and add two dwellings to the property and extend the bar use currently located on the ground floor. The project also requires a parking reduction pursuant to Section 161 of the Code. The project site is located within the 24^th Street/ Noe Valley Neighborhood Commercial District and 40-X Height and Bulk Districts.

(Proposed for Indefinite Continuance)

 

B.         COMMISSION MATTERS

 

4.             Consideration of Adoption:

·        Draft Minutes for CPC February 5, 2015

·        Draft Minutes for Rules Committee February 12, 2015

·        Draft Minutes for CPC February 12, 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.

 

C.         DEPARTMENT MATTERS

 

6.             Director’s Announcements

               

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

               

D.         GENERAL PUBLIC COMMENT – 15 MINUTES

 

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

 

E.            REGULAR CALENDAR 

 

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

 

 

                8.                                                                                                                                 (D. WINSLOW: (415) 575-9159)

MARKET-OCTAVIA LIVING ALLEY NETWORK PROJECT – Informational Presentation on the Market Octavia Living Alleys Program. This two year program, funded by Caltrans, enables community members to initiate ‘living alley’ projects in the Market Octavia Plan Area. The presentation will highlight a design and implementation toolkit and overview of the goals formed by community workshops and criteria to distribute the Market Octavia Impact Fees allocated specially for living alley implementation.

                Preliminary Recommendation: None - Informational

 

                9.                                                                                                                                (S. WERTHEIM: (415) 558-6612)

                UPDATE TO THE SAN FRANCISCO ECONOMIC STRATEGY – Informational presentation related to the Office of Economic and Workforce Development (OEWD) and the Office of Economic Analysis’ (OEA) update to the 2007 San Francisco Economic Strategy.  OEWD and OEA will present the draft update including an overview of the 2007 strategy, an evaluation of the City’s economic performance during the last economic cycle, actions taken on policy goals, and future action areas.

Preliminary Recommendation: None – Informational

 

10.          2012.0877E                                                                                             (B. BOLLINGER: (415) 575-9024)

1546-1564 MARKET STREET -  north side of Market Street between Van Ness Avenue and Franklin Street; Assessor’s Parcel Numbers 0836-006 and 0836-007 – Public Hearing on the Draft Environmental Impact Report - The project site is located on two parcels at 1546-1550 Market Street, 1554 Market Street, and 55 Oak Street. The proposed project would involve merging the two lots into a single lot, demolition of the existing three buildings on the site, and construction of a new 12-story, 120-foot-tall, 138,002-square-foot residential building with 109 dwelling units, approximately 4,810 gross square feet of ground-floor commercial space, and a 12,512 gross square foot ground floor garage with 28 car parking spaces and 110 bicycle parking spaces. Two of the three existing buildings that would be demolished have been determined to be historic resources under CEQA.

Preliminary Recommendation: Review and Comment

(Continued from Regular Meeting of February 12, 2015)

NOTE: Written comments will be accepted at the Planning Department until 5:00 p.m. on March 2, 2015.

 

                11.          2014-003269PCA                                                                                     (D. SANCHEZ: (415) 575-9082)

OFF-STREET PARKING EXCEPTIONS [BOARD FILE NO. 141266] -  Planning Code Amendments introduced by Supervisor Breed amending Planning Code Sections 102.9, 159, 160 and 161 to permit certain exceptions from off-street parking and loading requirements for lots that front on curbside transit lanes or bicycle paths, for lots in Residential Mixed districts, and in order to bring buildings into greater conformity with yard, setback and other building requirements; to include parking in excess of principally permitted amounts and located above ground in the floor area ratio calculation; modifying other floor area ratio provisions; and adopting findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.

Preliminary Recommendation: Adopt a Recommendation for Approval with Modifications

 

12.          2014.1204C                                                                                                    (M. SMITH:  (415) 558-6322)

115 – 117 PLYMOUTH AVENUE – west side of the street between Sagamore and Sadowa Streets; Lot 056 in Assessor’s Block 7138 - Request for Conditional Use Authorization, pursuant to Planning Code Sections  303 and 710.37 to demolish the remnants of the existing two family dwelling and construct in its place a three-story, mixed-use building. The proposed building will have three off-street parking spaces and commercial space at the ground floor, and four dwellings on the upper floors. The project site is located within a NC-1 (Neighborhood Commercial Cluster) District and 40-X Height and Bulk Districts.  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

 

13.          2014.1393C                                                                                                   (O. MASRY:  (415) 575-9116)

1135 EVANS AVENUE - at the southwest corner of Evans Avenue and Middle Point Road, Lot 014 in Assessor’s Block 4602A - Request for Conditional Use Authorization under Planning Code Sections 711.83 and 303 to modify an existing wireless telecommunications services (WTS) facility operated by Sprint.  The modified macro WTS facility would allow three (3) additional panel antennas adjacent to three (3) existing panel antennas mounted to Pacific Gas & Electric transmission towers. Related electronic equipment would be located on the transmission towers, and an existing ground-mounted equipment area. The facility is proposed on a Location Preference 1 Site (Preferred Location; Co-Location with Verizon Wireless and T-Mobile) within a NC-2 (Neighborhood Commercial, Small-Scale) 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.

(Continued from Regular Meeting of February 5, 2015)

 

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.

 

                14.          2013.0560DRP                                                                                                 (E. TUFFY: (415) 575-9191)

417 30^th STREET – south side between Sanchez and Harper Streets; Lot 032 in Assessor’s Block 6653 - Request for Discretionary Review of Building Permit Application No. 201403070155 proposing reconfiguration of the front entrance, excavation for habitable basement space, a vertical addition with a front roof deck and a horizontal addition with a rear roof deck. Work is proposed on an existing one-story-over-basement single-family dwelling 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 Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Abbreviated Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

 

G.            PUBLIC COMMENT

 

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

 

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

 

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

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

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

 

Adjournment

Hearing Procedures

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

 

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

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

 

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

 

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

 

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

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

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

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

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

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

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

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

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

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

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

 

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

 

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

 

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

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

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

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

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

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

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

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

 

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

 

Hearing Materials

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

 

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

 

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

 

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

 

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

 

Appeals

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

 

Case Type	Case Suffix	Appeal Period*	Appeal Body
Office Allocation	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.