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.             2014.0653E                                                                                                (P. MALTZER: (415) 575-9038)

AGREEMENT FOR DISPOSAL OF SAN FRANCISCO MUNICIPAL WASTE AT RECOLOGY HAY ROAD LANDFILL IN SOLANO COUNTY - Appeal of Preliminary Negative Declaration for the proposed Agreement between the City of San Francisco and Recology to change the disposal site for San Francisco’s municipal solid waste (MSW).  Currently, San Francisco’s MSW is transported to the Altamont Landfill, located in eastern Alameda County, for disposal.  The proposed project consists of an Agreement to authorize the transportation of MSW from San Francisco to the existing Recology Hay Road Landfill located in unincorporated Solano County, at 6426 Hay Road, near State Route 113, southeast of Vacaville, where it would be disposed.  San Francisco and Recology would enter into an Agreement for the transportation and disposal of five million tons of San Francisco’s MSW at the Recology Hay Road Landfill, beginning in 2016.  At current rates of disposal, it is estimated that the Agreement would have a term of approximately 13 – 15 years.  No new construction or changes in current Recology operations within San Francisco are proposed.  No new construction or change in existing permits would be required at the Recology Hay Road Landfill in Solano County.  The Agreement between San Francisco and Recology to authorize the proposed change in disposal sites would need to be approved by the San Francisco Board of Supervisors.

(Proposed for Continuance to May 21, 2015)

 

2a.          2013.1179CV                                                                                                  (T. CHANG: (415) 575-9197)

1700 MARKET STREET - north side of Market Street at the intersection of Haight Street and Gough Street, Lots 016 in Assessor’s Block 0855 - Request for Conditional Use Authorization pursuant to Planning Code Sections 207.6 and 303 to modify the required unit mix, as less than 40% of the total number of proposed dwelling units on site contains at least two bedrooms. The proposal is to demolish the existing two-story commercial building and construct an eight-story 31,673 square foot mixed-use building with 48 dwelling units, 1,549 square feet of ground floor commercial space and 50 bicycle parking spaces, within a Moderate Scale Neighborhood Commercial Transit (NCT-3) District and 85-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 March 26, 2015)

(Proposed for Continuance to May 21, 2015)

 

                2b.          2013.1179CV                                                                                                  (T. CHANG: (415) 575-9197)

1700 MARKET STREET - north side of Market Street at the intersection of Haight Street and Gough Street, Lots 016 in Assessor’s Block 0855 - Request for a Variance from Planning Code Section 136 (permitted obstructions) and a modification of the rear yard requirements (Planning Code Section 134), which the Zoning Administrator will consider following the Planning Commission’s consideration of the request for Conditional Use Authorization. This project is located within a Moderate Scale Neighborhood Commercial Transit (NCT-3) District and 85-X Height and Bulk District.

(Continued from Regular Meeting of March 26, 2015)

(Proposed for Continuance to May 21, 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

 

3.             2015-002664CUA                                                                                       (K. CONNER: (415) 575-6914)

1150 SCOTT STREET - between Turk Street to the south and Eddy Street to the north; Lot 001 in Assessor’s Block 0752 and Lot 001 in Assessor’s Block 1128 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 304, to expand two buildings and construct a new laundry room, a mail room, a trash compactor room, and several new garbage and maintenance enclosures totaling approximately 2,027 square feet in area on an existing Planned Unit Development (PUD) (Case No. 87.509EC) which authorized the construction of 203 affordable dwelling units with exceptions from parking and rear yard requirements. This project includes modifications to the rear yard (Section 134) requirements of the Planning Code.  The project site is located within the RM-3 (Residential, Mixed, Medium Density) 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.

Preliminary Recommendation:  Approve with Conditions

 

                4.             2014.1408C                                                                                         (M. BOUDREAUX: (415) 575-9140)

3822 24^TH  STREET - north side of 24th Street between Church and Vicksburg Streets; Lot 018 in Assessor’s Block 3651 - Request for Conditional Use Authorization pursuant to Planning Code Section 303, 317 and 728.37, to allow demolition of an existing two-story single-family dwelling. The proposed new construction includes a five-story-over-basement, five-unit residential with ground-floor commercial building, with five bicycle parking spaces. The building will be approximately 45 feet in height, pursuant to Planning Code Section 263.20. The property is within the 24th Street- Noe Valley NCD (Neighborhood Commercial) 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 Meeting of April 2, 2015)

 

5.             2014-001722CUA                                                                                         (L. AJELLO:  (415) 575-9142)

798 HAIGHT STREET - northeast corner of Haight and Scott Streets; Lot 021 in Assessor’s Block 0846 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 784 to allow the transfer of an off-sale general alcoholic beverage license from a grocery store (d.b.a. New Santa Clara Market) located across the street at 799 Haight Street to a grocery store at the subject site (d.b.a. Santa Clara Natural Organic Market) within the NC-1 (Neighborhood Commercial Cluster) Zoning District, the Lower Haight Alcohol Restricted Use District and 40-X Height and Bulk District.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve with Conditions

 

C.         COMMISSION MATTERS

 

6.             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

 

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.            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.

 

9.             2012.0641C                                                                                                      (E. WATTY: (415) 558-6620)

933-949 STOCKTON STREET - southwest corner of Stockton and Washington Streets; Lot 001 in Assessor’s Block 0211 - Informational Presentation on the community outreach process for, and final design of, the Chinatown Transit Station Open Space and Plaza, as required through the Conditions of Approval for Motion No. 18699, which authorized the Chinatown Transit Station Head House, within the Chinatown Residential Neighborhood Commercial Zoning District, and 65-85-N Height and Bulk District.

Preliminary Recommendation:  None - Informational

 

10.          2008.0091E                                                                                             (T. JOHNSTON: (415) 575-9035)

SAN FRANCISCO WESTSIDE RECYCLED WATER PROJECT - Public Hearing on the Draft 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: Written comments will be accepted at the Planning Department until 5:00 p.m. on Monday, May 4th, 2015.       

 

                11.          2015-000673PCA                                                                                    (D. SÁNCHEZ:  (415) 575-9082)

AMENDMENTS TO THE PLANNING CODE: CONDITIONAL USE REQUIRED FOR CERTAIN USES IN THE CASTRO STREET NEIGHBORHOOD COMMERCIAL DISTRICT, THE 24^TH STREET-NOE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT, THE UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT, AND PARCELS ZONED NCT-3 ON MARKET STREET WEST OF OCTAVIA BOULEVARD [BOARD FILE NO. 150017] -  Ordinance introduced by Supervisor Wiener amending the Planning Code to require that certain uses obtain Conditional Use Authorization in the Castro Street Neighborhood Commercial District, the 24^th Street-Noe Valley Neighborhood Commercial District, the Upper Market Street Neighborhood Commercial Transit District and in the Moderate-Scale Neighborhood Commercial Transit (NCT-3) District for parcels on Market Street west of Octavia Boulevard; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, Planning Code Section 302 and the eight priority policies of Planning Code Section 101.1.

(Continued from Regular Meeting of April 2, 2015)

Preliminary Recommendation:  Adopt a Recommendation for Approval

                                (Continued from Regular Meeting of April 2, 2015)

 

12a.        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 ground floor commercial space beyond the 2,499 gross square-foot use size limitation for the District and establish a restaurant with a type 47 ABC license (d.b.a. Tom Rai) that would retain the existing place of entertainment use but amend the conditions of approval contained in Motion 8778 that pertain to the use to expand the hours and permit amplified entertainment. 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

(Continued from Regular Meeting of March 26, 2015)

 

12b.        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 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 dwelling units to the property. 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.

(Continued from Regular Meeting of March 26, 2015)

 

13.          2013.1407C                                                                                                            (S. LAI:  (415) 575-9087)

2501 CALIFORNIA STREET - southwest corner of California and Steiner Streets; Lots 001,002, and 034 in Assessor’s Block 0655 - Request for Conditional Use Authorization pursuant to Planning Code Sections 102, 121.1, 121.2, 186.1, 303, 303.1, 703.3, 718.11, and 718.21 for the demolition of the convenience store, the non-conforming  automotive service use, and the non-conforming automotive gas station (d.b.a. Shell); and to allow the lot merger and reconstruction of the non-conforming automotive gas station (d.b.a. Shell), and the establishment of a formula retail convenience store (d.b.a. Loop), within the Upper Fillmore Street 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.

(Continued from Regular Meeting of March 26, 2015)

Preliminary Recommendation:  Approve with Conditions

 

G.            DISCRETIONARY REVIEW CALENDAR 

 

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

 

14a.        2013.0883DV                                                                                                       (K. GUY: (415) 558-6163)

1364 PACIFIC AVE - north side of Pacific Avenue; Lot 020 in Assessor’s Block 0155 – Request for Discretionary Review of Building Permit Application 2014.0812.3674 proposing to demolish the existing one-story commercial building and construct a new four-story building, reaching a height of 40 feet, containing one dwelling unit and ground-floor retail space. The project is located within the Pacific Avenue Neighborhood Commercial 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.

Preliminary Recommendation: Do Not Take DR and Approve

 

14b.        2013.0883DV                                                                                                        (K. GUY: (415) 558-6163)

1364 PACIFIC AVE - north side of Pacific Avenue; Lot 020 in Assessor’s Block 0155 - Request for 1) Rear Yard Modification from Planning Code Section 134 to allow the first and second stories of the proposed building to encroach into the required rear yard, and 2) Variance to allow the proposed curb cut and driveway along Lynch Street to exceed the maximum parking entry width limitations of Planning Code Section 145.1.  The project proposes to demolish the existing one-story commercial building and construct a new four-story building, reaching a height of 40 feet, containing one dwelling unit and ground-floor retail space, located within the Pacific Avenue Neighborhood Commercial District and 40-X Height and Bulk District.

 

15a.        2013.0884DV                                                                                                       (K. GUY: (415) 558-6163)

1370 PACIFIC AVE - north side of Pacific Avenue; Lot 021 in Assessor’s Block 0155 - Request for Discretionary Review of Building Permit Application 2014.0812.3679 proposing to demolish the existing one-story commercial building and construct a new four-story building, reaching a height of 40 feet, containing one dwelling unit and ground-floor retail space. The project is located within the Pacific Avenue Neighborhood Commercial 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.

Preliminary Recommendation: Do Not Take DR and Approve

 

15b.        2013.0884DV                                                                                                       (K. GUY: (415) 558-6163)

1370 PACIFIC AVE - north side of Pacific Avenue; Lot 021 in Assessor’s Block 0155 - Request for 1) Rear Yard Modification from Planning Code Section 134 to allow the first and second stories of the proposed building to encroach into the required rear yard, and 2) Variance to allow the proposed curb cut and driveway along Lynch Street to exceed the maximum parking entry width limitations of Planning Code Section 145.1.  The project proposes to demolish the existing one-story commercial building and construct a new four-story building, reaching a height of 40 feet, containing one dwelling unit and ground-floor retail space, located within the Pacific Avenue Neighborhood Commercial District and 40-X Height and Bulk District.

 

H.            3:00 P.M.

 

Items listed here may not be considered prior to the time indicated above. It is provided as a courtesy to limit unnecessary wait times. Generally, the Commission adheres to the order of the Agenda. Therefore, the following item(s) will be considered after the time indicated.

 

                16a.        2014-001033PCA                                                                                           (A. STARR: (415) 558-6362)

AMENDING REGULATION OF SHORT-TERM RESIDENTIAL RENTALS [BOARD FILE 141036] - 

Ordinance amend the Administrative Code, Chapter 41A, to prohibit certain residential units that have been the subject of an Ellis Act eviction from use as short-term residential rentals and provide for private rights of action to enforce the requirements of this Chapter; and affirming the Planning Department's determination under the California Environmental Quality Act.

Preliminary Recommendation:  Adopt a Recommendation for Approval with Modifications

(Continued from Regular Meeting of April 2, 2015)

 

16b.        2015-003861PCA                                                                                           (A. STARR: (415) 558-6362)

AMENDMENTS TO THE ADMINISTRATIVE CODE - AMENDING REGULATION OF SHORT-TERM RESIDENTIAL RENTALS [BOARD FILE NO. 150364] - Ordinance amending the Administrative Code to revise the Residential Unit Conversion Ordinance to: limit short-term rental of a Residential Unit to no more than 60 days per calendar year; require Hosting Platforms to verify that a Residential Unit is on the City Registry prior to listing, remove a listing once a Residential Unit has been rented for Tourist or Transient Use for more than 60 days in a calendar year, and provide certain useage data to the Planning Department; prohibit short-term rental of certain “in-law” units; revise the definition of Interested Parties who may enforce the provision of Chapter 41A through a private right of action to include Permanent Residents residing within 100 feet; amend the private right of action provisions to allow for a private right of action against Hosting Platforms and create an additional private right of action against Owners, Business Entities, and Hosting Platforms under certain circumstances; and provide for criminal penalties against Hosting Platforms in violation of this Chapter 41A; and affirming the Planning Department’s determination under the California Environmental Quality Act.

Preliminary Recommendation:  Adopt a Recommendation for Approval with Modifications

 

16c.        2015-004765PCA                                                                                           (A. STARR: (415) 558-6362)

AMENDMENTS TO THE ADMINISTRATIVE CODE - AMENDING REGULATION OF SHORT-TERM RESIDENTIAL RENTALS [BOARD FILE NO. 150363] Ordinance amending the Administrative Code to revise the Residential Unit Conversion Ordinance to limit short-term rental of a Residential Unit to no more than 120 days per calendar year, revise the definition of Interested Parties who may enforce the provisions of Chapter 41A through a private right of action to include Permanent Residents residing within 100 feet of the Residential Unit, create an additional private right of action under certain circumstances, and direct the Mayor to create an Office of Short-Term Residential Rental Administration and Enforcement staffed by the Planning Department, Department of Building Inspection, and Tax Collector’s Office; and affirming the Planning Department’s determination under the California Environmental Quality Act.

Preliminary Recommendation:  Adopt a Recommendation for Approval with Modifications

 

I.             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.