Planning Commission - November 17, 2016 - Agenda
SAN FRANCISCO
PLANNING COMMISSION
Notice of Hearing
&
Agenda
Commission Chambers, Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
Thursday, November 17, 2016
12:00 p.m.
Regular Meeting
Commissioners:
Rodney Fong, President
Dennis Richards, Vice President
Rich Hillis, Christine Johnson, Joel Koppel, Myrna Melgar, Kathrin Moore
Commission Secretary:
Jonas P. Ionin
Hearing Materials are available at:
Website: http://www.sfplanning.org
Planning Department, 1650 Mission Street, 4th Floor, Suite 400
Planning Information Center, 1660 Mission Street, 1st Floor
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TAGALOG:
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ROLL CALL:
President: Rodney Fong
Vice-President: Dennis Richards
Commissioners: Rich Hillis; Christine Johnson; Joel Koppel, Myrna Melgar, Kathrin Moore
A. CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE
The Commission will consider a request for continuance to a later date. The Commission may choose to continue the item to the date proposed below, to continue the item to another date, or to hear the item on this calendar.
1. 2012.0107C (C. CAMPBELL: (415) 575-8732)
460 TOWNSEND STREET - north side of Townsend Street between 5th and 6th Streets; Lot 023 in Assessor’s Block 3785 (District 6) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 845.32; for the conversion from Production, Distribution, and Repair (PDR) to an Educational Services use by the Academy of Art University. The project proposes to legalize the conversion from industrial/wholesale to educational services for classrooms, studios, student and faculty lounges within a WSoMa Mixed-Use Office (WMUO) Zoning District, the Western SoMa Special Use District, and an 85-X Height and Bulk District.
Preliminary Recommendation: Pending
(Proposed for Continuance to January 19, 2017)
2. 2012.0720C (S. ADINA: (415) 575-8722)
466 TOWNSEND STREET - north side Townsend Street between 5th and 6th Streets; Lot 005 in Assessor’s Block 3785 (District 6) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 845.32, for the conversion from Production, Distribution and Repair (PDR) to an Educational Services use by the Academy of Art University. This project proposes to legalize the conversion from a Data/Telecommunications facility to educational services for classrooms, labs/art studios, an art store, and student and faculty lounges within a WSoMa Mixed-Use Office (WMUO) Zoning District, the Western SoMa Special Use District, and an 85-X Height and Bulk District.
Preliminary Recommendation: Pending
(Proposed for Continuance to January 19, 2017)
3a. 2015-000878DNX (M. BOUDREAUX: (415) 575-9140)
300 GRANT AVENUE (AKA 290 SUTTER STREET)/ 272 SUTTER STREET - (Assessor Block 0287/Lots 013, 014) (District 3) - Request for Determination of Compliance pursuant to Planning Code Section 309 with exceptions including “Off-Street Freight Loading”, “Height Limits in the 80-130-F District”, and “Bulk”. The project proposes demolition of two existing buildings (Category V – Unrated) and construction of an approximately 69,290-square-foot, six-story with basement, mixed-use commercial building. Floors basement through 3 are proposed for retail use, and floors 4 through 6 are proposed for office use. The property is within a C-3-R (Downtown-Retail) Zoning District and 80-130-F Height and Bulk District. In addition, this project requires action by the Historic Preservation Commission on a Permit to Alter for demolition and new construction within the Kearny-Market-Mason Sutter Conservation District (Case No. 2015-000878PTA).
Preliminary Recommendation: Pending
(Proposed for Continuance to December 8, 2016)
3b. 2015-000878CUA (M. BOUDREAUX: (415) 575-9140)
300 GRANT AVENUE (AKA 290 SUTTER STREET)/ 272 SUTTER STREET- (Assessor Block 0287/Lots 013, 014) (District 3) - Request for Conditional Use Authorization pursuant to Planning Code Sections 210.2 and 303 for approving office use on floors four through 6. The project proposes demolition of two existing buildings (Category V – Unrated) and construction of an approximately 69,290-square-foot, six-story with basement, mixed-use commercial building. Floors basement through 3 are proposed for retail use, and floors 4 through 6 are proposed for office use. The property is within a C-3-R (Downtown-Retail) Zoning District and 80-130-F Height and Bulk District. In addition, this project requires action by the Historic Preservation Commission on a Permit to Alter for demolition and new construction within the Kearny-Market-Mason Sutter Conservation District (Case No. 2015-000878PTA).
Preliminary Recommendation: Pending
(Proposed for Continuance to December 8, 2016)
3c. 2015-000878OFA (M. BOUDREAUX: (415) 575-9140)
300 GRANT AVENUE (AKA 290 SUTTER STREET)/ 272 SUTTER STREET - (Assessor Block 0287/Lots 013, 014) (District 3) - Request for Allocation of Square Footage pursuant to Planning Code Sections 321 and 322 (the Annual Office Development Limitation Program) of approximately 29,703 gross square feet net new office space to the Project. The project proposes demolition of two existing buildings (Category V – Unrated) and construction of an approximately 69,290-square-foot, six-story with basement, mixed-use commercial building. Floors basement through 3 are proposed for retail use, and floors 4 through 6 are proposed for office use. The property is within a C-3-R (Downtown-Retail) Zoning District and 80-130-F Height and Bulk District. In addition, this project requires action by the Historic Preservation Commission on a Permit to Alter for demolition and new construction within the Kearny-Market-Mason Sutter Conservation District (Case No. 2015-000878PTA).
(Proposed for Continuance to December 8, 2016)
4. (M. WENGER: (415) 575-9126)
LOCAL COASTAL PROGRAM AMENDMENT PROCESS - In 2015, the Planning Department was awarded grants from the California Coastal Commission and the State Ocean Protection Council to amend the City’s Local Coastal Program (LCP) to address sea level rise and coastal erosion. The LCP is a state-mandated land use plan governing development along the City’s western shoreline. The LCP Amendment will cover the entire Coastal Zone, but implementation will largely occur south of Sloat Boulevard, where coastal vulnerabilities are most acute. Informational presentation on the community and interagency processes used to develop LCP policy amendments and the local and state certification process.
Preliminary Recommendation: None - Informational
(Proposed for Continuance to December 1, 2016)
5. 2014-001965PCA (A. STARR: (415) 558-6362)
ARTICLE 7: PHASE 2 OF THE CODE REORGANIZATION AND SIMPLIFICATION PROJECT - Department sponsored Planning Code Amendment to reorganize Article 7 and to update, correct, clarify, and simplify Code language in other Planning Code Sections; requiring Conditional Use authorization for Bars, and Liquor Stores on the first floor in the Noriega, Irving, Taraval, and Judah Neighborhood Commercial Districts; enacting permanent controls requiring Conditional Use authorization for Medical Cannabis Dispensaries in the Noriega, Irving, Taraval, and Judah Neighborhood Commercial Districts; requiring Conditional Use authorization for Personal Services on the second floor in the Noriega, Irving, Taraval, and Judah Neighborhood Commercial Districts; prohibiting Kennels in the North Beach Neighborhood Commercial District; removing the definition of Amusement Game Arcade from the list of uses in Article 7 zoning districts and instead using the controls for General Entertainment to regulate this use in Article 7 Districts; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1, and adopting findings of public convenience, necessity, and welfare under Planning Code Section 302.
Preliminary Recommendation: Adopt a Recommendation for Approval
(Continued from Regular Meeting of October 13, 2016)
(Proposed for Continuance to December 1, 2016)
6. 2016-003461CUA (S. SKANGOS: (415) 575-8731)
2000 VAN NESS AVENUE - east side of Van Ness Avenue, between Pacific Avenue and Jackson Street, Lot 005 of Assessor’s Block 0595 (District 3) - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 303(c) and 209.3, to: (1) legalize the modification of an existing AT&T Mobility Wireless Telecommunications Services Facility consisting of the installation of three (3) new antennas for a total of nine (9) antennas mounted on an existing rooftop behind existing screening, and (2) modify the existing facility consisting of the removal and replacement of five (5) existing antennas, installation of three (3) new Radio Relay Units (RRUs) and other equipment upgrades as part of the AT&T Mobility Wireless Telecommunications Network. The subject property is located within a RC-4 (Residential – Commercial, High Density) Zoning District, Van Ness Special Use District, and 80-D Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).
Preliminary Recommendation: Approve with Conditions
(Proposed for Continuance to December 1, 2016)
7. 2016-011223CUA (N. FOSTER: (415) 575-9167)
1844 MARKET STREET - north side of Market, between Octavia Boulevard and Laguna Street, Lot 016 in Assessor’s Block 0871 (District 8) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 303.1, 703.3, 703.4, and 790.110 to establish a new Financial Services Use (ATM vestibule) for a formula retail establishment (d.b.a. “Bank of America”) within the ground-floor of in a newly-constructed mixed-use building. This development was previously approved by the Planning Commission in 2006 (Case No. 2004.0892ECK); construction concluded in 2013. The ATM vestibule would be situated within a vacant commercial tenant space measuring approximately 500 square feet, within the existing building envelope. Minor interior tenant improvements are proposed, with no expansion of the existing building. The subject property is located within a NCT-3 (Moderate-Scale Neighborhood Commercial Transit) Zoning District with an 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).
Preliminary Recommendation: Approve with Conditions
(Proposed for Continuance to December 1, 2016)
8. (P. IKEZOE: (415) 575- 9137)
COMMERCE AND INDUSTRY INVENTORY 2015 - Informational presentation - This 22nd Inventory is one of the Department’s reports on the economy and land use. It contains a 10-year time-series of data for calendar years 2006-2015, including population, labor force, employment, establishments, wages, retails sales, government expenditures and revenues, and building activity. The Inventory is available for the public at the Planning Department and can be downloaded from the website at http://commissions.sfplanning.org/cpcpackets/2015_Commerce_and_Industry_Inventory_FINAL.pdf
Preliminary Recommendation: None - Informational
(Proposed for Continuance to December 1, 2016)
B. CONSENT CALENDAR
All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and may be acted upon by a single roll call vote of the Commission. There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing
C. COMMISSION MATTERS
9. Consideration of Adoption:
· Draft Minutes for November 3, 2016
10. 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
11. Director’s Announcements
12. 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.
13. 2016-007705PCA (M. MOHAN (415-575-9141)
MEDICAL SERVICE USE IN SACRAMENTO STREET NEIGHBORHOOD COMMERCIAL DISTRICT -
Planning Code Amendment to provide that in the Sacramento Street Neighborhood Commercial District a Medical Service use, whether Principal or Accessory, requires a Conditional Use authorization on the ground story and is permitted above the ground story; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1, and findings of public necessity, convenience, and welfare under Planning Code Section 302.
Preliminary Recommendation: Adopt a Recommendation for Approval with Modifications
14. 2016-013420PCA (D. SANCHEZ: (415) 575-9082)
INCLUSIONARY HOUSING SMALL SITES PROGRAM [Board File No. 161157] - Ordinance introduced by Mayor Lee and Supervisor Campos for a Planning Code Amendment to create an alternative for project sponsors of smaller market rate projects to direct the Affordable Housing Fee to Small Sites Projects; affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1, and a finding of public necessity, convenience, and welfare under Planning Code Section 302.
Preliminary Recommendation: Adopt a Recommendation of Approval with Modifications
15. 2014.1267T (A. RODGERS: (415) 558-6395)
FEES IN LIEU OF OPEN SPACE IN THE DOWNTOWN SPECIAL SUPPORT USE DISTRICT - The Planning Commission will consider a Planning Code Amendment [Board File No. 140877-2] amending the Downtown Support Special Use District to allow the Planning Commission to authorize a monetary contribution (in lieu fee) to the requirements for Privately-Owned Public Open Space (POPOS), exclude certain features from floor area ratio and gross floor area calculations, and dedicate the monetary contribution for lighting and safety improvements at Victoria Manolo Draves Park. This ordinance would also make the standard affirmations of the Planning Department’s California Environmental Quality Act determination; and findings of consistency with the General Plan and the eight priority policies of Planning Code as described in Section 101.1.
Preliminary Recommendation: Adopt a Recommendation Approval with Modifications
16. 2013.1049E (M. HUE: (415) 575-9041)
950-974 MARKET STREET - north side of Market Street between Mason and Taylor Streets; Block 0342, Lots 001, 002, 004, and 014 (District 6) - Appeal of Preliminary Mitigated Negative Declaration for proposal that would demolish four existing structures and associated surface parking lot and construct a 120-foot tall, 12-story-over-basement, approximately 408,342 gross-square-foot building containing 242 dwelling units, 232 hotel rooms, and 16,600 square feet of ground floor retail. Off-street parking for 82 vehicles (including two car share vehicles) and 277 Class 1 bicycle parking spaces is provided at the basement level and accessed from Taylor Street. The project site is located in the Downtown General Commercial (C-3-G) Zoning District and 120-X Height and Bulk District.
Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration
(Continued from Regular Meeting of November 3, 2016)
17a. 2013.1049PCA (C. ASBAGH: (415) 575-9165)
950 MARKET STREET - north side of Market Street between Mason and Taylor Streets; Block 0342, Lots 001, 002, 004, and 014 (District 6) - Planning Code Amendment to waive the Jobs-Housing Linkage Fee set forth in Planning Code Section 413 et seq., the Inclusionary Affordable Housing requirements set forth in Planning Code Section 415 et seq., and the alternative water supply requirements set forth in Health Code Article 12C; exempting 26,572 square feet from the calculation of gross floor area pursuant to Planning Code Section 124 to allow the additional floor area, and exempting 26,572 square feet from Planning Code Sections 123 and 128 to reduce any required transferable development rights by such amount, for a project located at 950-974 Market Street in San Francisco, in exchange for either (1) the dedication of real property at 180 Jones Street to the San Francisco Mayor’s Office of Housing and Community Development at no cost and payment of approximately $12.8 million to the 180 Jones Street Affordable Housing Fund, or (2) the construction of a minimum of 60 and a maximum of 70 affordable studio or efficiency rental units at 180 Jones Street; establishing the 180 Jones Street Affordable Housing Fund; authorizing actions in furtherance of this ordinance; and adopting findings regarding the Final Mitigated Negative Declaration under the California Environmental Quality Act; making findings under Planning Code Section 302; and making findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1.
Preliminary Recommendation: Adopt a Recommendation for Approval with Modifications
17b. 2013.1049C (C. ASBAGH: (415) 575-9165)
950 MARKET STREET - north side of Market Street between Mason and Taylor Streets; Block 0342, Lots 001, 002, 004, and 014 (District 6) - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 210.2 and 303 to establish a Hotel, and Section 124(f) to exceed the base Floor Area Ratio by providing on-site affordable dwelling units. The proposal would demolish four existing structures and associated surface parking lot and construct a 120-foot tall, 12-story-over-basement, approximately 408,342 gross-square-foot building containing 242 dwelling units, 232 hotel rooms, and 16,600 square feet of ground floor retail. Off-street parking for 82 vehicles (including two car share vehicles) and 277 Class 1 bicycle parking spaces is provided at the basement level and accessed from Taylor Street. The project site is located in a C-3-G (Downtown General Commercial) Zoning District and 120-X Height and Bulk District.
Preliminary Recommendation: Approve with Conditions
17c. 2013.1049X (C. ASBAGH: (415) 575-9165)
950 MARKET STREET - north side of Market Street between Mason and Taylor Streets; Block 0342, Lots 001, 002, 004, and 014 (District 6) - Request for a Downtown Project Authorization per Planning Code Section 309, with exceptions from Planning Code Requirements for “Rear Yard” (Section 134), “Reduction of Ground-Level Wind Currents in C-3 Districts” (Section 148), and “Off-Street Tour Bus Loading” (Section 162). The proposal would demolish four existing structures and associated surface parking lot and construct a 120-foot tall, 12-story-over-basement, approximately 408,342 gross-square-foot building containing 242 dwelling units, 232 hotel rooms, and 16,600 square feet of ground floor retail. Off-street parking for 82 vehicles (including two car share vehicles) and 277 Class 1 bicycle parking spaces is provided at the basement level and accessed from Taylor Street. The project site is located in a C-3-G (Downtown General Commercial) Zoning District and 120-X Height and Bulk District.
Preliminary Recommendation: Approve with Conditions
17d. 2013.1049V (C. ASBAGH: (415) 575-9165)
950 MARKET STREET - north side of Market Street between Mason and Taylor Streets; Block 0342, Lots 001, 002, 004, and 014 (District 6) - Request for Variances from Planning Code Section 155(d) to allow loading to be accessed directly off of Turk Street and Section 155(s) to allow the width of the opening to the loading that is greater than 15 feet. The proposal would demolish four existing structures and associated surface parking lot and construct a 120-foot tall, 12-story-over-basement, approximately 408,342 gross-square-foot building containing 242 dwelling units, 232 hotel rooms, and 16,600 square feet of ground floor retail. Off-street parking for 82 vehicles (including two car share vehicles) and 277 Class 1 bicycle parking spaces is provided at the basement level and accessed from Taylor Street. The project site is located in the Downtown General Commercial (C-3-G) Zoning District and 120-X Height and Bulk District.
18a. 2010.0305 E GPA PCT PCM DEV GEN SHD (M. SNYDER: (415) 575-6891)
SUNNYDALE HOPE SF MASTER PLAN PROJECT - The 50-acre site is located in the Visitacion Valley neighborhood and is generally bounded by McLaren Park to the north, Crocker Amazon Park to the west, Hahn Street to the east and Velasco to the south and includes the following Assessor’s Block and Lots: 6356/ 061, 062, 063, 064, 065, 066, 067 and 068; 6310/ 001; 6311/001; 6312/ 001; 6313/001; 6314/ 001. Environmental
Findings (and a statement of overriding considerations) under the California Environmental Quality Act in connection with the adoption of the project and related actions necessary to implement the Project. The CEQA Finding would enable the Sunnydale Hope SF Master Plan Project, which would completely reconstruct the existing Housing Authority site. The resultant project would consists of a maximum of 1,770 residential units, (775 replacement affordable units, approximately 200 additional affordable housing units, and approximately 694 market rate units). The master plan would also include all new streets, utilities and infrastructure as well as 3.5 acres of new open spaces, and approximately 60,000 square feet of new neighborhood serving retail and community spaces.
Preliminary Recommendation: Adopt Findings
18b. 2010.0305 E GPA PCT PCM DEV GEN SHD (M. SNYDER: (415) 575-6891)
SUNNYDALE HOPE SF MASTER PLAN PROJECT - The 50-acre site is located in the Visitacion Valley neighborhood and is generally bounded by McLaren Park to the north, Crocker Amazon Park to the west, Hahn Street to the east and Velasco to the south and includes the following Assessor’s Block and Lots: 6356/ 061, 062, 063, 064, 065, 066, 067 and 068; 6310/ 001; 6311/001; 6312/ 001; 6313/001; 6314/ 001. Findings of Consistency with the General Plan and Planning Code 101.1. The CEQA Finding would enable the Sunnydale Hope SF Master Plan Project, which would completely reconstruct the existing Housing Authority site. The resultant project would consists of a maximum of 1,770 residential units, (775 replacement affordable units, approximately 200 additional affordable housing units, and approximately 694 market rate units). The master plan would also include all new streets, utilities and infrastructure as well as 3.5 acres of new open spaces, and approximately 60,000 square feet of new neighborhood serving retail and community spaces.
Preliminary Recommendation: Adopt Findings
18c. 2010.0305 E GPA PCT PCM DEV GEN SHD (M. SNYDER: (415) 575-6891)
SUNNYDALE HOPE SF MASTER PLAN PROJECT - The 50-acre site is located in the Visitacion Valley neighborhood and is generally bounded by McLaren Park to the north, Crocker Amazon Park to the west, Hahn Street to the east and Velasco to the south and includes the following Assessor’s Block and Lots:: 6356/ 061, 062, 063, 064, 065, 066, 067 and 068; 6310/ 001; 6311/001; 6312/ 001; 6313/001; 6314/ 001. The proposed General Plan Amendments would amend Map 3 of the Urban Design Element “Urban Design Guidelines for Heights of Buildings” and Map 04 or the Recreation and Open Space Element, “Existing and Proposed Open Space”. The amendments would enable the Sunnydale Hope SF Master Plan Project, which would completely reconstruct the existing Housing Authority site. The resultant project would consists of a maximum of 1,770 residential units, (775 replacement affordable units, approximately 200 additional affordable housing units, and approximately 694 market rate units). The master plan would also include all new streets, utilities and infrastructure as well as 3.5 acres of new open spaces, and approximately 60,000 square feet of new neighborhood serving retail and community spaces.
Preliminary Recommendation: Adopt a Recommendation for Approval
18d. 2010.0305 E GPA PCT PCM DEV GEN SHD (M. SNYDER: (415) 575-6891)
SUNNYDALE HOPE SF MASTER PLAN PROJECT - The 50-acre site is located in the Visitacion Valley neighborhood and is generally bounded by McLaren Park to the north, Crocker Amazon Park to the west, Hahn Street to the east and Velasco to the south and includes the following Assessor’s Block and Lots: 6356/ 061, 062, 063, 064, 065, 066, 067 and 068; 6310/ 001; 6311/001; 6312/ 001; 6313/001; 6314/ 001. The proposed Planning Code Amendments would add Planning Code Section 249.75, “The Sunnydale HOPE SF Special Use District” and Planning Code Section 263.30 “Sunnydale HOPE SF Special Use District and the 40/65-X Height and Bulk District. The amendments would enable the Sunnydale Hope SF Master Plan Project, which would completely reconstruct the existing Housing Authority site. The Project would consists of a maximum of 1,770 residential units, (775 replacement affordable units, approximately 200 additional affordable housing units, and approximately 694 market rate units). The master plan would also include all new streets, utilities and infrastructure as well as 3.5 acres of new open spaces, and approximately 60,000 square feet of new neighborhood serving retail and community spaces.
Preliminary Recommendation: Adopt a Recommendation for Approval
18e. 2010.0305 E GPA PCT PCM DEV GEN SHD (M. SNYDER: (415) 575-6891)
SUNNYDALE HOPE SF MASTER PLAN PROJECT - The 50-18c.acre site is located in the Visitacion Valley neighborhood and is generally bounded by McLaren Park to the north, Crocker Amazon Park to the west, Hahn Street to the east and Velasco to the south and includes the following Assessor’s Block and Lots: 6356/ 061, 062, 063, 064, 065, 066, 067 and 068; 6310/ 001; 6311/001; 6312/ 001; 6313/001; 6314/ 001. The proposed Planning Code Amendments would amend Sectional Maps ZN 11, SU 11, and HT 11, Designating the Project Area within the Sunnydale HOPE SF Special Use District and a 40/65-X Height and Bulk District. The amendments would enable the Sunnydale Hope SF Master Plan Project, which would completely reconstruct the existing Housing Authority site. The Project would consists of a maximum of 1,770 residential units, (775 replacement affordable units, approximately 200 additional affordable housing units, and approximately 694 market rate units). The master plan would also include all new streets, utilities and infrastructure as well as 3.5 acres of new open spaces, and approximately 60,000 square feet of new neighborhood serving retail and community spaces.
Preliminary Recommendation: Adopt a Recommendation for Approval
18f. 2010.0305 E GPA PCT PCM DEV GEN SHD (M. SNYDER: (415) 575-6891)
SUNNYDALE HOPE SF MASTER PLAN PROJECT - The 50-acre site is located in the Visitacion Valley neighborhood and is generally bounded by McLaren Park to the north, Crocker Amazon Park to the west, Hahn Street to the east and Velasco to the south and includes the following Assessor’s Block and Lots: 6356/ 061, 062, 063, 064, 065, 066, 067 and 068; 6310/ 001; 6311/001; 6312/ 001; 6313/001; 6314/ 001. The Design Standards and Guidelines (“DSG”) would provide development controls and guidelines for the Sunnydale HOPE SF Project for streets, open space, buildings and other features. The DSG would enable the Sunnydale Hope SF Master Plan Project, which would completely reconstruct the existing Housing Authority site. The Project would consists of a maximum of 1,770 residential units, (775 replacement affordable units, approximately 200 additional affordable housing units, and approximately 694 market rate units). The master plan would also include all new streets, utilities and infrastructure as well as 3.5 acres of new open spaces, and approximately 60,000 square feet of new neighborhood serving retail and community spaces.
Preliminary Recommendation: Approve
18g. 2010.0305 E GPA PCT PCM DEV GEN SHD (M. SNYDER: (415) 575-6891)
SUNNYDALE HOPE SF MASTER PLAN PROJECT - The 50-acre site is located in the Visitacion Valley neighborhood and is generally bounded by McLaren Park to the north, Crocker Amazon Park to the west, Hahn Street to the east and Velasco to the south and includes the following Assessor’s Block and Lots: 6356/ 061, 062, 063, 064, 065, 066, 067 and 068; 6310/ 001; 6311/001; 6312/ 001; 6313/001; 6314/ 001. The Development Agreement would be between the City and County of San Francisco, the Housing Authority of the City and County of San Francisco and Sunnydale Development Company, LLC. The Development Agreement would enable the Sunnydale Hope SF Master Plan Project, which would completely reconstruct the existing Housing Authority site. The Project would consists of a maximum of 1,770 residential units, (775 replacement affordable units, approximately 200 additional affordable housing units, and approximately 694 market rate units). The master plan would also include all new streets, utilities and infrastructure as well as 3.5 acres of new open spaces, and approximately 60,000 square feet of new neighborhood serving retail and community spaces.
Preliminary Recommendation: Adopt a Recommendation for Approval
18h. 2010.0305 E GPA PCT PCM DEV GEN SHD (M. SNYDER: (415) 575-6891)
SUNNYDALE HOPE SF MASTER PLAN PROJECT - The 50-acre site is located in the Visitacion Valley neighborhood and is generally bounded by McLaren Park to the north, Crocker Amazon Park to the west, Hahn Street to the east and Velasco to the south and includes the following Assessor’s Block and Lots: 6356/ 061, 062, 063, 064, 065, 066, 067 and 068; 6310/ 001; 6311/001; 6312/ 001; 6313/001; 6314/ 001. Adoption of Shadow Findings under Planning Code Section 295 that the net new shadow from the Sunnydale HOPE SF Project would not have an adverse impact to McLaren Park, including Gleneagle Golf Course or Herz Playground. Sunnydale Hope SF Master Plan Project would completely reconstruct the existing Housing Authority site. The Project would consists of a maximum of 1,770 residential units, (775 replacement affordable units, approximately 200 additional affordable housing units, and approximately 694 market rate units). The master plan would also include all new streets, utilities and infrastructure as well as 3.5 acres of new open spaces, and approximately 60,000 square feet of new neighborhood serving retail and community spaces.
Preliminary Recommendation: Adopt Findings
19a. 2010.0515E GPA PCT PCM DEV GEM SHD (M. SNYDER: (415) 575-6891)
POTRERO HOPE SF MASTER PLAN PROJECT – The 39-acre site is located on the south and east slopes of Potrero Hill and is generally bounded by 22nd Street and the Potrero Recreation Center to the north, Wisconsin Street to the west, 25th and 26th Streets to the south, and Missouri Street and Texas Street to the east and includes the following Assessor’s Blocks and Lots: 4167/ 004 and 004A; 4220A/ 001; 4222A/, 001; 4285B/ 001, 4223/ 001; 4287/001A and 007. The proposed General Plan Amendments would amend Map 3 of the Urban Design Element “Urban Design Guidelines for Heights of Buildings” and Map 04 or the Recreation and Open Space Element, “Existing and Proposed Open Space”. The amendments would enable the Potrero Hope SF Master Plan Project, which would completely reconstruct the existing Housing Authority site. The resultant project would consists of a maximum of 1,700 residential units, (619 replacement affordable units, approximately 200 additional affordable housing units, and approximately 800 market rate units). The master plan would also include all new streets, utilities and infrastructure as well as 3.5 acres of new open spaces, and approximately 45,000 square feet of new neighborhood serving retail and community spaces.
Preliminary Recommendation: Adopt a Recommendation for Approval
19b. 2010.0515E GPA PCT PCM DEV GEM SHD (M. SNYDER: (415) 575-6891)
POTRERO HOPE SF MASTER PLAN PROJECT – The 39-acre site is located on the south and east slopes of Potrero Hill and is generally bounded by 22nd Street and the Potrero Recreation Center to the north, Wisconsin Street to the west, 25th and 26th Streets to the south, and Missouri Street and Texas Street to the east and includes the following Assessor’s Blocks and Lots: 4167/ 004 and 004A; 4220A/ 001; 4222A/, 001; 4285B/ 001, 4223/ 001; 4287/001A and 007. The proposed Planning Code Amendments would add Planning Code Section 249.76, “The Potrero HOPE SF Special Use District” and Planning Code Section 263.31 “Potrero HOPE SF Special Use District and the 40/65-X Height and Bulk District”. The amendments would enable the Potrero Hope SF Master Plan Project, which would completely reconstruct the existing Housing Authority site. The resultant project would consists of a maximum of 1,700 residential units, (619 replacement affordable units, approximately 200 additional affordable housing units, and approximately 800 market rate units). The master plan would also include all new streets, utilities and infrastructure as well as 3.5 acres of new open spaces, and approximately 45,000 square feet of new neighborhood serving retail and community spaces.
Preliminary Recommendation: Adopt a Recommendation for Approval
19c. 2010.0515E GPA PCT PCM DEV GEM SHD (M. SNYDER: (415) 575-6891)
POTRERO HOPE SF MASTER PLAN PROJECT – The 39-acre site is located on the south and east slopes of Potrero Hill and is generally bounded by 22nd Street and the Potrero Recreation Center to the north, Wisconsin Street to the west, 25th and 26th Streets to the south, and Missouri Street and Texas Street to the east and includes the following Assessor’s Blocks and Lots: 4167/ 004 and 004A; 4220A/ 001; 4222A/, 001; 4285B/ 001, 4223/ 001; 4287/001A and 007. The proposed Planning Code Amendments would amend Sectional Maps SU 08, and HT 08, Designating the Project Area within the Potrero HOPE SF Special Use District and a 40/65-X Height and Bulk District. The amendments would enable the Potrero Hope SF Master Plan Project, which would completely reconstruct the existing Housing Authority site. The resultant project would consists of a maximum of 1,700 residential units, (619 replacement affordable units, approximately 200 additional affordable housing units, and approximately 800 market rate units). The master plan would also include all new streets, utilities and infrastructure as well as 3.5 acres of new open spaces, and approximately 45,000 square feet of new neighborhood serving retail and community spaces.
Preliminary Recommendation: Adopt a Recommendation for Approval
19d. 2010.0515E GPA PCT PCM DEV GEM SHD (M. SNYDER: (415) 575-6891)
POTRERO HOPE SF MASTER PLAN PROJECT – Design Standards and Guidelines -The 39-acre site is located on the south and east slopes of Potrero Hill and is generally bounded by 22nd Street and the Potrero Recreation Center to the north, Wisconsin Street to the west, 25th and 26th Streets to the south, and Missouri Street and Texas Street to the east and includes the following Assessor’s Blocks and Lots: 4167/ 004 and 004A; 4220A/ 001; 4222A/, 001; 4285B/ 001, 4223/ 001; 4287/001A and 007. The Design Standards and Guidelines (“DSG”) would provide development controls and guidelines for the Potrero HOPE SF Project for streets, open space, buildings and other features. The DSG would enable the Potrero Hope SF Master Plan Project, which would completely reconstruct the existing Housing Authority site. The resultant project would consists of a maximum of 1,700 residential units, (619 replacement affordable units, approximately 200 additional affordable housing units, and approximately 800 market rate units). The master plan would also include all new streets, utilities and infrastructure as well as 3.5 acres of new open spaces, and approximately 45,000 square feet of new neighborhood serving retail and community spaces.
Preliminary Recommendation: Approve
19e. 2010.0515E GPA PCT PCM DEV GEM SHD (M. SNYDER: (415) 575-6891)
POTRERO HOPE SF MASTER PLAN PROJECT – Development Agreement -The 39-acre site is located on the south and east slopes of Potrero Hill and is generally bounded by 22nd Street and the Potrero Recreation Center to the north, Wisconsin Street to the west, 25th and 26th Streets to the south, and Missouri Street and Texas Street to the east and includes the following Assessor’s Blocks and Lots: 4167/ 004 and 004A; 4220A/ 001; 4222A/, 001; 4285B/ 001, 4223/ 001; 4287/001A and 007. The Development Agreement would be between the City and County of San Francisco, the Housing Authority of the City and County of San Francisco and Bridge-Potrero Community Associates, LLC. The Development Agreement would enable the Potrero Hope SF Master Plan Project, which would completely reconstruct the existing Housing Authority site. The resultant project would consists of a maximum of 1,700 residential units, (619 replacement affordable units, approximately 200 additional affordable housing units, and approximately 800 market rate units). The master plan would also include all new streets, utilities and infrastructure as well as 3.5 acres of new open spaces, and approximately 45,000 square feet of new neighborhood serving retail and community spaces.
Preliminary Recommendation: Adopt a Recommendation for Approval
19f. 2010.0515E GPA PCT PCM DEV GEM SHD (M. SNYDER: (415) 575-6891)
POTRERO HOPE SF MASTER PLAN PROJECT – Planning Code Section 295 (Sunshine Ordinance) Findings -The 39-acre site is located on the south and east slopes of Potrero Hill and is generally bounded by 22nd Street and the Potrero Recreation Center to the north, Wisconsin Street to the west, 25th and 26th Streets to the south, and Missouri Street and Texas Street to the east and includes the following Assessor’s Blocks and Lots: 4167/ 004 and 004A; 4220A/ 001; 4222A/, 001; 4285B/ 001, 4223/ 001; 4287/001A and 007 Adoption of Shadow Findings under Planning Code Section 295 that the net new shadow from the Potrero HOPE SF Project would not have an adverse impact to Potrero Recreation Center. The Development Agreement would enable the Potrero Hope SF Master Plan Project, which would completely reconstruct the existing Housing Authority site. The resultant project would consists of a maximum of 1,700 residential units, (619 replacement affordable units, approximately 200 additional affordable housing units, and approximately 800 market rate units). The master plan would also include all new streets, utilities and infrastructure as well as 3.5 acres of new open spaces, and approximately 45,000 square feet of new neighborhood serving retail and community spaces.
Preliminary Recommendation: Adopt Findings
20a. 2016-001512CUA (E. SAMONSKY: (415) 575-9112)
201-203 ROOSEVELT WAY - south side at the intersection with 15th Street and Park Hill Avenue; Lot 114 in Assessor’s Block 2614 (District 6) - Request for Conditional Use Authorization, pursuant to Planning Code Section 209.1, 303 and 317, to allow development of a third dwelling unit, for the tantamount to demolition of an existing 3,111 square foot, three-story, two-family residence, and the construction of an approximately 3,499 square foot, three-story two family residence within a RH-2 (Residential House, Mixed, 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.
Preliminary Recommendation: Approve with Conditions
20b. 2016-001512VAR (E. SAMONSKY: (415) 575-9112)
201-203 ROOSEVELT WAY - south side at the intersection with 15th Street and Park Hill Avenue; Lot 114 in Assessor’s Block 2614 (District 6) - Request for Variances, pursuant to Planning Code Section 134 to modify the rear yard requirement in the Residential House, Two-Family District, to allow the expansion and conversion of the detached garage structure into a 1,090 square foot dwelling. The project site is located within a RH-2 (Residential House, Two-Family) Zoning District and 40-X Height and Bulk District.
21. 2015-011529OFA (K. DURANDET: (415) 575-6816)
2525 16TH STREET - south side of 16th Street, between Alabama and Florida Streets, Lot 001 in Assessor’s Block 3966 (District 8) - Request for Office Development Allocation under Planning Code Sections 321, 322 and 179.1 that would authorize up to 43,569 gross square feet (gsf) of office use within an existing four-story building, utilizing Planning Code Section 179.1- Legitimization of Uses Located in the Eastern Neighborhoods. No alterations are proposed to the exterior. The subject property is located within a PDR-1-G (Production Distribution and Repair) Zoning District, Mission Plan Area, and 68‐X Height and Bulk District in San Francisco, California.
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.
22. 2016-002784DRM (N. FOSTER: (415) 575-9167)
301 CLAY STREET - south side of Clay Street (north side of Sacramento Street), between Front and Battery Streets; Lot 028 in Assessor’s Block 0230 (District 3) - Mandatory Discretionary Review pursuant to Planning Code Section 202(e)(1) for the application to allow for a Medical Cannabis Dispensary (MCD) to operate at the subject property within the C-3-O (Downtown Office) Zoning District and 300-S Height and Bulk District. The proposed MCD would be located within an existing office suite (Suite #597), located on the 5th floor of the subject property. The proposed MCD would not be open to the public at the project site, nor would the MCD offer on-site distribution (sales) of medical cannabis. All distribution would be delivery-only (off-site distribution). Only employees registered with SFDPH will be at the subject property on a day-to-day basis. No cannabis plants would be cultivated on-site. Additionally, no on-site medication of medical cannabis (e.g. smoking, vaporizing, and consumption of medical cannabis edibles) would be permitted. 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
H. ACADEMY OF ART
23a. 2016-007198PCA (T. CHANG: (415) 575-9197)
ADOPTION OF PLANNING CODE TEXT CHANGES INITIATED BY THE PLANNING DEPARTMENT AND RELATED TO THE ACADEMY OF ART UNIVERSITY - Consideration of Planning Code Amendments related to Academy of Art University (AAU) - The Planning Commission will consider the adoption of an Ordinance amending the Planning Code to allow a limited conversion of Existing Housing to Student Housing Use for two specific properties. The Ordinance recommended for Adoption would waive the applicability of the prohibition on conversion of Residential Units to Student Housing set forth in Planning Code Section 317(e) to 2209 Van Ness Avenue (Lot 005 in Assessor's Block 0570) and 2211 Van Ness Avenue (Lot 029 in Assessor's Block 0570). The proposed Ordinance would also establish criteria for conditional use authorization applicable to conversions to Student Housing for 2209 Van Ness Avenue and 2211 Van Ness Avenue; make findings under the California Environmental Quality Act; make findings under Planning Code Section 302 of public necessity, convenience, and welfare; make findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1; and provide for expiration of the provision by operation of law three years after its effective date.
Preliminary Recommendation: Adopt a Recommendation for Approval
(Continued from Regular Meeting of September 22, 2016)
23b. 2016-000559PCA (T. CHANG: (415) 575-9197)
ADOPTION OF PLANNING CODE TEXT CHANGES PROPOSED BY AND RELATED TO THE ACADEMY OF ART UNIVERSITY - A Consideration of Planning Code Text Amendments related to Academy of Art University (AAU). The Planning Commission will consider the proposal from the Academy of Art University to adopt an Ordinance that includes a grandfathering provision applicable to former Planning Code Section 317(f) to enable the unauthorized conversion of Residential Units to Student Housing for the following properties: 1080 Bush Street (Lot 015 in Assessor’s Block 0275); 1153 Bush Street (Lot 026 in Assessor’s Block 0281); 1916 Octavia Street (Lot 011 in Assessor’s Block 0640); 1055 Pine Street (Lot 009 in Assessor’s Block 0275); 860 Sutter Street (Lot 006 in Assessor’s Block 0275); 2209 Van Ness Avenue (Lot 005 in Assessor's Block 0570) and 2211 Van Ness Avenue (Lot 029 in Assessor's Block 0570). The proposed Ordinance incorporates the already established conditional use authorization criteria for Residential Conversion pursuant to former Planning Code Section 317(f)(2).
Preliminary Recommendation: Adopt a Recommendation for Disapproval
(Continued from Regular Meeting of September 22, 2016)
23c. 2012.0646PCA (T. CHANG: (415) 575-9197)
ACADEMY OF ART UNIVERSITY - A Consideration of Planning Code Text Amendments related to Academy of Art University (AAU). The Planning Commission will consider the proposal from the Academy of Art University to adopt an ordinance that expands the grandfathering provision to Section 175.5(b) to enable the legalization of the unauthorized conversion of Office space to Institutional use for 601 Brannan Street (Lot 132 in Assessor’s Block 3785).
Preliminary Recommendation: Adopt a Recommendation for Disapproval
(Continued from Regular Meeting of September 22, 2016)
24a. 2007.1082C (T. CHANG: (415) 575-9197)
2209 VAN NESS AVENUE - Located on the west side of Van Ness Avenue between Broadway and Vallejo Streets, Lot 029 in Assessor’s Block 0318 (District 2) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 317 and 303, for the conversion of Residential Units to Student Housing. The project proposes to legalize the conversion of one Residential Unit to 22 Student Housing rooms within a Residential-Commercial, Medium Density (RC-3) Zoning and 80-D 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 September 22, 2016)
24b. 2007.1083C (T. CHANG: (415) 575-9197)
2211 VAN NESS AVENUE - Located on the west side of Van Ness Avenue between Broadway and Vallejo Streets, Lot 029 in Assessor’s Block 0318 (District 2) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 317 and 303, for the conversion of Residential Units to Student Housing. The project proposes to legalize the conversion of two Residential Units and one Commercial Unit to three Dwelling Units and 8 Student Housing rooms within a Residential-Commercial, Medium Density (RC-3) Zoning and 80-D 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 September 22, 2016)
24c. 2007.1073C (C. CAMPBELL: (415) 575-8732)
1916 OCTAVIA STREET - Located on the east side of Octavia Street between Broadway and Vallejo Streets, Lot 011 in Assessor’s Block 0640 (District 2) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 317 and 303, for the conversion of 20 Residential Units to Student Housing. The project proposes to legalize the conversion of one Residential Unit to 22 Student Housing rooms within a Residential-House, Two-Family (RH-2) Zoning 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: Disapprove
(Continued from Regular Meeting of September 22, 2016)
24d. 2007.1074C (C. GROB: (415) 575-9138)
1055 PINE STREET - Located on the south side of Pine Street between Jones and Taylor Streets, Lot 009 in Assessor’s Block 0275 (District 3) – Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.2, 303 and 317 for the conversion of Residential Units to Student Housing. The project proposes to legalize the conversion of 59 Residential Hotel rooms to Student Housing rooms within a Residential-Mixed, High Density (RM-4) Zoning District, Nob Hill Special Use District and 65-A Height and Bulk District. The project proposes to establish a total of 81 student housing rooms. The project is associated with a Planning Code Text Amendment proposed by the Academy of Art University. The adoption hearing for the subject Planning Code Amendment will also be heard on September 22, 2016 (2016-000559PCA). 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: Disapprove
(Continued from Regular Meeting of September 22, 2016)
24e. 2007.1077C (C. GROB: (415) 575-9138)
860 SUTTER STREET - Located on the north side of Sutter Street between Leavenworth and Jones Streets, Lot 006 in Assessor’s Block 0281 (District 3) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.3, 303 and 317, for the conversion of Residential Units to Student Housing. The project proposes to legalize the conversion of 50 Residential Hotel rooms and 39 Tourist Hotel rooms to 89 Student Housing rooms within a Residential-Commercial, High Density (RC-4) Zoning and 80-A Height and Bulk District. The project is associated with a Planning Code Text Amendment proposed by the Academy of Art University. The adoption hearing for the subject Planning Code Amendment will also be heard on September 22, 2016 (2016-000559PCA). 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: Disapprove
(Continued from Regular Meeting of September 22, 2016)
24f. 2007.1070C (S. ADINA: (415) 575-8722)
1080 BUSH STREET - Located on the north side of Bush Street between Leavenworth and Jones Streets, Lot 015 in Assessor’s Block 0276 (District 3) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 317 and 303, for the conversion of 15 Residential Hotel Rooms to Student Housing. The project proposes to legalize the conversion of 15 Residential Hotel rooms to 15 Student Housing rooms within a Residential-Commercial, High Density (RC-4) Zoning and 65-A 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: Disapprove
(Continued from Regular Meeting of September 22, 2016)
24g. 2007.1071C (S. ADINA: (415) 575-8722)
1153 BUSH STREET - Located on the south side of Bush Street between Leavenworth and Hyde Streets, Lot 026 in Assessor’s Block 0280 (District 3) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 317 and 303, for the conversion of 15 Residential Hotel Rooms to Student Housing. The project proposes to legalize the conversion of 15 Residential and Residential Hotel rooms to 15 Student Housing rooms within a Residential-Commercial, High Density (RC-4) Zoning and 65-A 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: Disapprove
(Continued from Regular Meeting of September 22, 2016)
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:
- A thorough description of the issue(s) by the Director or a member of the staff.
- 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.
- 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.
- Public testimony from proponents of the proposal: An individual may speak for a period not to exceed three (3) minutes.
- Public testimony from opponents of the proposal: An individual may speak for a period not to exceed three (3) minutes.
- Director’s preliminary recommendation must be prepared in writing.
- Action by the Commission on the matter before it.
- 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.
- 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 |
OFA (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 |
CTZ (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 |
Large Project Authorization in Eastern Neighborhoods |
LPA (X) |
15 calendar days |
Board of Appeals |
Permit Review in C-3 Districts, Downtown Residential Districts |
DNX (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.