ROLL CALL:                      President:                                Rodney Fong

 

                                            Vice-President:                      Dennis Richards

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

                                                                                                Kathrin Moore; Cindy Wu

 

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.

 

1a.          2014-002414CUA                                                                                  (E. JONCKHEER: (415) 575-8728)

3701 NORIEGA STREET - northwest corner of Noriega Street and 44^th Avenue, Lot 001 in Assessor’s Block 2081 (District 4) - Request for Conditional Use Authorization pursuant to Planning Code Sections 121.1, 121.2, 202.5 and 303, for a project proposing to demolish an existing automotive service station and construct a four-story, 45-foot tall, 46,164 gross square foot mixed use building with 12 dwelling units, 2 levels of below grade parking (42 spaces), 22 bicycle parking spaces, and a 9,694 square foot ground floor grocery retail space including basement storage on a lot of approximately 9,360 square feet. The project is located within a NC-1 (Neighborhood Commercial, Cluster) Zoning District and 40-X Height and Bulk District. NC-1 parcels along Noriega Street west of 19th Avenue with an active commercial use on the ground floor are allotted an additional 5 feet in height. 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: Pending

                (Proposed continuance to April 28, 2016)

 

1b.          2014-002414VAR                                                                                  (E. JONCKHEER: (415) 575-8728)

3701 NORIEGA STREET - southwest corner of Noriega Street and 44^th Avenue, Lot 001 in Assessor’s Block 2081 (District 4) - Request for a Rear Yard Modification from the Zoning Administrator per Planning Code Section 134. Planning Code Section 134 requires a 25% rear yard at grade level and each level or story of a building in the NC-1 (Neighborhood Commercial, Cluster) Zoning District. The project does not provide a rear yard at grade level due to the inclusion of a ground floor commercial space. The project proposes demolition of an existing automotive service station and construction of a four-story, 45-foot tall, 46,164 gross square foot mixed use building with 12 dwelling units, 2 levels of below grade parking (42 spaces), 22 bicycle parking spaces, and a 9,694 square foot grocery retail space including basement storage, on a lot of approximately 9,360 square feet. The project is located within a NC-1 (Neighborhood Commercial, Cluster) Zoning District and 40-X Height and Bulk District.  

(Proposed for Continuance to April 28, 2016)

 

2.             2015-02600ENX                                                                                          (J. BANALES: (415) 558-6339)

915 MINNA STREET - located on the south side of Minna Street between 10^th and 11^th   Streets, Lot 058 in Assessor’s Block 3510 (District 6) – Request for Large Project Authorization, pursuant to Planning Code Section 329, for the demolition of the existing buildings and the construction of two four-story residential buildings (measuring approximately 23,000 gross square feet) measuring 45-ft from existing grade to the roof (with an elevator and stair penthouses) with 44 dwelling units, 21 off-street parking spaces in a basement level, 44 Class 1 bicycle parking spaces, and 3 Class 2 bicycle parking spaces. The project includes private and common open space and associated landscaping. Under the Large Project Authorization, the project is seeking an exceptions including: 1) rear yard (Planning Code Section 134); 2) exposure (Planning Code Section 140); 3) open space (Planning Code Section 135); and 4) active uses (Planning Code 145.1(b)(2)). The subject property is located within the RED-MX (Residential Enclave-Mixed) Zoning District and Western SoMa Special Use District (Planning Code Section 823), and a 45-X Height and Bulk District. A Planning Commission approval at the public hearing would constitute the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Pending

            (Proposed continuance to May 12, 2016)

 

3.             2016-000068IMP                                                                                            (A. PERRY: (415) 575-9017)

MULTIPLE PROPERTIES OWNED OR LEASED BY THE SAN FRANCISCO ART INSTITUTE (SFAI) LOCATED IN THE CITY AND COUNTY OF SAN FRANCISCO – Notification by the Zoning Administrator of the filing of an Institutional Master Plan (IMP) for the San Francisco Art Institute (SFAI). Pursuant to Planning Code Section 304.5, the Planning Commission must hold a public hearing upon receiving a current IMP. This public hearing is for receipt of public testimony only. Receipt of this IMP does not constitute approval or disapproval of any proposed projects contained in the IMP by the Planning Commission.   The IMP contains information on the nature and history of the institution, the location and use of affiliated buildings, and institutions’ development plans. The IMP is available for viewing on the Planning Department’s website at: http://www.sfplanning.org, click on “Resource Center”, then “Department Publications A-Z”, then scroll to “I” for Institutional Master Plans. The IMP is also available for public viewing at the Planning Department’s Public Information Center located at 1660 Mission Street, 1^st Floor, and at the Department’s reception area located at 1650 Mission Street, 4^th Floor.

Preliminary Recommendation: None – Informational

(Proposed for Continuance to May 12, 2016)

 

4.             2014.1020CUA                                                                                                        (D. VU: (415) 575-9120)

1515 SOUTH VAN NESS AVENUE (AKA 3251 26^TH STREET) - southeast corner of South Van Ness Avenue and 26^th Street; Lots 001, 001A & 008 in Assessor’s Block 3251 (District 9) -Request for Conditional Use Authorization of a Planned Unit Development pursuant to Planning Code Sections 121.1, 303 and 304 for demolition of an existing 31,680 square foot commercial/industrial building and construction of an approximately 180,277 square foot, five- to six-story, 65-foot tall building that includes up to 157 dwelling units, approximately 5,241 square feet of ground floor commercial space, 16,441 square feet of usable open space, and up to 81 basement level off-street parking spaces. The project is also requesting modifications from the rear yard, permitted obstructions and dwelling unit exposure requirements pursuant to Planning Code Sections 134, 136 and 140, respectively. The subject property is located within the Mission Street Neighborhood Commercial Transit (NCT) District and a 55-X and 65-X Height and Bulk Districts. This notice also meets Section 312 requirements for public notification. 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: Pending

(Proposed for Continuance to June 16, 2016)

5.             2012.1531PRJ                                                                                                    (C. GROB: (415) 575-9138)

HOTEL CONVERSION ORDINANCE - Informational Presentation - Chapter 41 of the San Francisco Administrative Code, also known as the Hotel Conversion Ordinance or HCO, governs the conversion and demolition of residential hotel rooms. Staff will provide an overview of the HCO and the Permit to Convert process.  

Preliminary Recommendation:  None – Informational Only

(Proposed for Continuance Indefinitely)

 

B.         CONSENT CALENDAR

 

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

 

6.             2015-016033CUA                                                                                         (C. CLARKE: (415) 575-9184)

3629 TARAVAL STREET - between 46^th and 47^th Avenues, Lot 041 in Assessor’s Block 2379 (District 4) - Request for Conditional Use Authorization pursuant to Planning Code Sections 710.43, 781.1, and 303, to allow a change of use from a vacant 603 square foot tenant space (previously occupied by a Retail Use d.b.a. Sea Shack) to a Limited-Restaurant use (d.b.a. Andytown Coffee Roasters) on the ground floor of a one-story commercial building within a Neighborhood Commercial Cluster (NC-1) District, Taraval Street Restaurant Subdistrict, and 40-X Height and Bulk District. This project was reviewed under the Community Business Priority Processing Program (CB3P). This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Approve with Conditions

 

7a.          2015-006386CUA                                                                                         (C. CLARKE: (415) 575-9184)

1555 IRVING STREET - southeast corner of 17^th Avenue, Lot 041 in Assessor’s Block 1771 (District 5) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 121.2, 730.21, and 730.81 to allow a use size greater than 2,500 square-feet in order to authorize an approximately 9,416 square-feet Large Institutional use (d.b.a. Woodside International School) on the first and second floors of an existing 6,698 square-feet two-story structure, with entire lot coverage, within the Inner Sunset Neighborhood Commercial District (NCD) and 40-X Height and Bulk District. The project expands the partial second floor within the existing building volume by approximately 2,718 square-feet to accommodate additional classroom space and adds a new roof deck with stair penthouse access. The school’s classroom count will increase from 5 to 8 classrooms. This project was reviewed under the Community Business Priority Processing Program (CB3P). This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Approve with Conditions

 

7b.          2015-006386VAR                                                                                          (C. CLARKE: (415) 575-9184)

1555 IRVING STREET - southeast corner of17^th Avenue, Lot 041 in Assessor’s Block 1771 (District 5) - Request for Variances pursuant to Planning Code Sections 305, and 145.1 (c)(3), (4), and (6), that require an active use within the first 25-feet of ground floor building depth and within the first 15-feet of second floor building depth, a minimum 10-foot floor-to-floor height, and minimum 60-percent transparency and fenestration; as well as a Variance from Section 155.2 for providing 18 of the 32 required Class-1 bicycle parking spaces, as part of the project to allow a Large Institutional use (d.b.a. Woodside International School) within the Inner Sunset Neighborhood Commercial District (NCD) and 40-X Height and Bulk District.

 

8.             2015-013112CUA                                                                                            (A. PERRY: (415) 575-9017)

2222 MARKET STREET - northern side of Market Street and southern side of 15^th Street, between Sanchez and Noe Streets, Lot 031 in Assessor’s Block 3560 (District 8) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 733.95 to allow the continued operation of a temporary Community Residential Parking Lot on a portion of the accessory parking for an existing Motel (d.b.a. Beck’s Motor Lodge). The Planning Commission granted Conditional Use authorization for this use for a period of 2 years through Motion 18796. No physical changes are proposed; this temporary authorization would be valid for a period of 5 years. The project is located within the Upper Market Neighborhood Commercial Transit (NCT) District and 40-X and 50-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

 

9.             2015-000678CUA                                                                                      (T. KENNEDY: (415) 575-9125)               

2324 MARKET STREET - northwest side of Market Street to the southwest of the intersection of 16^th Street and Market Street, Lot 004 in Assessor’s Block 3562 (District 8) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 733.53 and 790.108 to change a use from a vacant retail to a Business or Professional Service (d.b.a. Berkshire Hathaway Home Services) that will occupy both the first and second floors of an existing tenant space and will occupy 587 square feet combined in both floors.  There will be no exterior building expansion; all work will involve interior tenant improvements. The project is located within the Upper Market Neighborhood Commercial Transit District (NCT) and 50-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

 

10.          Consideration of Adoption:

·         Draft Minutes for March 31, 2016

·         Draft Minutes for April 7, 2016

 

11.          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

 

12.          Director’s Announcements

 

13.          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.

 

14.          2016-004497PCA                                                                                        (T. DISANTO: (415) 575-9113)

PLANNING DEPARTMENT FEES - Planning Code Amendment to Sections 351-360 and Administrative Code Sections 31.22-31.23, to describe the process for adopting and annually adjusting Planning Department fees, delete the fees from the Planning and Administrative Codes, and adopt the existing fees, as currently indexed, in an uncodified section.

Preliminary Recommendation: Adopt a Recommendation for Approval

 

15.          2015-018055CWP                                                                                             (R. ABAD: (415) 575-9123)

PLACES FOR PEOPLE PROGRAM - Informational Presentation  - San Francisco’s Pavement to Parks Program has pioneered a nationally-emulated model for how City governments can facilitate grassroots, community-driven public space transformations.  The Program’s many projects throughout the City are powerful examples of how a community can create positive, meaningful change in their neighborhoods. The program has been the springboard for several local programs such as the Market Street Prototyping Festival and Living Innovation Zones, while complimenting existing programs such as Sunday Streets.  The Planning Department is leading an interagency effort to consolidate these various initiatives into a single Program called Places for People. This will involve legislative amendments to the Administrative, Public Works, and Transportation Codes.  The goal of legislation is to lower barriers to participation and better allow the City to support the highest-needs neighborhoods by streamlining development, permitting, implementation, and operations of parklets, plaza, urban prototypes, and other related public spaces.  Legislation will be introduced by Supervisor Weiner.

Preliminary Recommendation: None - Informational

 

                                                                                                                                                                               

16.          2015-014611CUA                                                                                          (V. FLORES: (415) 575-9173)

1100 OCEAN AVENUE - northern side of Ocean Avenue, between Plymouth and Phelan Avenues, Lot 005 in Assessor’s Block 3180 (District 7); Request for Conditional Use Authorization pursuant to Planning Code Sections 303.1, 703.3, and 703.4 to allow establish a new formula retail limited restaurant (d.b.a. Philz Coffee) in a currently vacant retail space at 1100 Ocean Avenue. The retail space measures approximately 2,346 gross square feet (gsf). There will be no exterior building expansion. The project also includes new signs. The project is located within the Ocean Avenue Neighborhood Commercial Transit (NCT) District and 55-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

 

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.

 

17.          2015-015327DRM                                                                                         (V. FLORES: (415) 575-9173)

2027 MARKET STREET – south side of Market Street, at Dolores Street, Lot 016 in Assessor’s Block 3535 (District 8); Request for Discretionary Review pursuant to Planning Code Sections 790.141 allow an existing Medical Cannabis Dispensary (MCD) (d.b.a. The Apothecarium) to relocate from its existing located at 2095 Market Street to 2027 Market Street (less than 500 feet away). The project will replace a vacant ground floor commercial space previously occupied by Shanghai Chinese until the restaurant closed circa Summer 2012. The proposed retail space is approximately 5,207 square feet in size, with 2,858 square feet accessible to patrons. The proposed MCD will dispense medical cannabis in various forms, but will not allow consumption of any kind on site, whether food or by smoking or vaporizing. The MCD will not cultivate cannabis on site. The proposed hours of operation are from 10 a.m. to 9 p.m. The subject commercial space has approximately 50 feet of frontage on Market Street and is within a NCT-3, (Moderate Scale Neighborhood Commercial Transit) Zoning District and 85-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 Conditions

 

18a.        2015-002243DRP                                                                                        (C. ASBAGH: (415) 575-9165)

1615-1633 GRANT AVENUE (12-26 MEDAU PLACE)  - located on the west side of Grant between Filbert and Greenwich Streets, Lot 005 in Assessor’s Block 0645 (District 3) – Request for Discretionary Review of Building Permit Application Nos. 2015.02.27.9626 & 9627 proposing alterations to the existing vacant buildings including the reconfiguration of 16 existing dwelling units (four would expand into ground-floor storage space), reconfiguration of the interior courtyard stairs, and the addition of roof-top decks and four stair penthouses within a RM-2 (Residential, Mixed, Moderate Density) Zoning District and 40-X Height and Bulk District. In addition, the Zoning Administrator will consider a Variance from the requirements for rear yard (per Section 134) and dwelling unit exposure (Section 140). 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: Take Discretionary Review and Approve with Modifications

 

18b.        2015-002243VAR                                                                                         (C. ASBAGH: (415) 575-9165)

1615-1633 GRANT AVENUE (12-26 MEDAU PLACE)  - located on the west side of Grant between Filbert and Greenwich Streets, Lot 005 in Assessor’s Block 0645 (District 3) – Request for Variances pursuant to Planning Code Sections 134 and 140 to allow the reconfiguration of stairs and dwelling units within the interior courtyard. The project is located in a RM-2 (Residential, Mixed, Moderate Density) Zoning District and 40-X Height and Bulk District.

 

19.          2014-004141DRP                                                                                              (N. TRAN: (415) 575-9174)

1188 DIAMOND STREET - west side between Clipper and 26^th Streets; Lot 006A in Assessor's Block 6556 (District 8) - Request for Discretionary Review of Building Permit Application No. 2015.03.23.1599 proposing to construct front, rear, side and vertical additions to the existing single-family dwelling. The project proposes lightwell infill, a fourth level addition with roof deck, approximately two feet of excavation at the garage and installation of a new floor plate between the existing garage and habitable floor above to create an additional level. Interior remodeling and exterior changes such as new windows and rear patio excavation are also proposed. The property is located within a RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Staff Analysis:  Abbreviated Discretionary Review                                                          

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

                (Continued from regular hearing April 14, 2016)

 

20.          2015-009913DRM                                                                                           (S. ADINA: (415) 575-8722)

1 LA AVANZADA STREET - Sutro Tower, Lot 003 in Assessor’s Block 2724 - Mandatory Discretionary Review, pursuant to Planning Code Section 306.9, of Building Permit Application No. 2015.07.21.2069, proposing the installation of one (1) low power FM antenna on Sutro Tower to service KQEA, Chinese Public Radio, on an existing antenna mount approximately 230 feet above ground level; within a RH-1 (D) (Residential - House, One Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

                                                                                                                                                                                                                                                                                                                                                                                                                                                                               

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

 

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

 

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

 

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

 

Challenges

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

 

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

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

 

Protest of Fee or Exaction

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

 

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