Planning Commission - December 8, 2016 - Agenda

Meeting Date:

December 8, 2016 - 12:00pm

Location:

D. DEPARTMENT MATTERS

6. Director’s Announcements

7. 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.

8. 2013.0208GEN (J. SWITZKY: (415) 575-6815; M. SNYDER: (415) 575-6891)

MISSION ROCK (SWL 337+ PIER 48) - Assessor’s Block and Lots: 8719/002,006,007, and 062 and 9900/048. Informational Presentation of the proposed Mission Rock project which proposes to construct (1) between 750,000 and 1.3 million square feet of residential use (40% of units affordable); (2) between 1.3 million and 1.7 million square feet of commercial/office/research and development use; (3) approximately 200,000 square feet of retail use; and (4) and a 2,800 space parking garage on the existing parking lot. The Project also includes the rehabilitation Pier 48 (approximately 212,000 square feet) for light industrial, retail, and restaurant use and the establishment of new streets, and eight acres of open space.

Preliminary Recommendation: None - Informational

9. (M. SANDLER: (415) 575-6835)

COMMUNITY DEVELOMENT PRACTICE GROUP - Informational Presentation - Over the past year the Planning Department has deepened its commitment to partnering with communities of color and low income communities who are most severely impacted by gentrification and displacement. The Community Equity and Opportunity team was formed within the Citywide Division, with the mission to identify opportunities that advance equity, inclusivity and engagement in San Francisco’s most vulnerable communities.

Preliminary Recommendation: None - Informational

10. 2016-013035PCA (D. SANCHEZ: (415) 575-9082)

EXEMPTING CERTAIN LANDMARKS FROM NOV 2016 BALLOT MEASURE PROP X - Planning Code Amendment - Ordinance introduced by Supervisor Kim amending Planning Code Section 202.8, included in the November 8, 2016, General Election as Proposition X, to exempt certain designated historic landmarks from obtaining conditional use authorization to remove certain Production, Distribution, and Repair, Institutional Community, and Arts Activities Uses, and providing replace space for such uses; 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.

Preliminary Recommendation: Adopt a Recommendation of Approval

11. 2016-013415PCA (A. STARR: (415) 558-6362)

TERRACE INFILL NONCOMPLYING STRUCTURE DESIGNATED AS A SIGNIFICANT BUILDING IN C-3 DISTRICT - Planning Code Amendment - Ordinance amending the Planning Code to permit Terrace Infill on a noncomplying structure that is designated as a Significant Building under Planning Code, Article 11, and located in a C-3 Zoning District; affirming the Planning Department's determination under the California Environmental Quality Act; and making findings, including findings of public necessity, convenience, and welfare under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1.

Preliminary Recommendation: Adopt a Recommendation of Approval

12. 2016-008418CUA (E. JOHNCKEER: (415) 575-8728)

3554 TARAVAL STREET - northeast corner of Taraval Street and 46^th Avenue; Lot 021 in Assessor’s Block 2374 (District 15) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 710.44 and 781.1, to merge the existing Limited Restaurant tenant space at 3560 Taraval Street (previously d.b.a. Beach N’ Boba Café) with the adjacent business and professional service tenant space located at 3554 Taraval Street (previously d.b.a. Karen Loo Insurance Services), and to change the use to a 1,270 sq. ft. Restaurant (d.b.a. Streamline Café) with on-site beer and wine sales. This project is related to Enforcement Case Nos. 2016.000216ENF and 2016.000217ENF. The project site is located within a NC-1 (Neighborhood Commercial, Cluster) Zoning District and 40-X Height and Bulk District, and the Taraval Street Restaurant Subdistrict.

Preliminary Recommendation: Approve with Conditions

13a. 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. On November 2, 2016, the Historic Preservation Commission approved a Permit to Alter (Motion No. 0291) for demolition and new construction within the Kearny-Market-Mason Sutter Conservation District (Case No. 2015-000878PTA).

Preliminary Recommendation: Approve with Conditions

(Continued from Regular hearing of November 17, 2016)

13b. 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. On November 2, 2016, the Historic Preservation Commission approved a Permit to Alter (Motion No. 0291) for demolition and new construction within the Kearny-Market-Mason Sutter Conservation District (Case No. 2015-000878PTA ).

Preliminary Recommendation: Approve with Conditions

(Continued from Regular hearing of November 17, 2016)

13c. 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 Office Development Authorization pursuant to Planning Code Sections 321 and 322 (the Annual Office Development Limitation Program) to authorize 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. On November 2, 2016, the Historic Preservation Commission approved a Permit to Alter (Motion No. 0291) for demolition and new construction within the Kearny-Market-Mason Sutter Conservation District (Case No. 2015-000878PTA ).

(Continued from Regular hearing of November 17, 2016)

Preliminary Recommendation: Approve with Conditions

14a. 2014.1063DNX (C. ASBAGH: 415/575-9165)

633 FOLSOM STREET - south side of Folsom Street, at the intersection of Folsom and Hawthorne Streets; lot 079 of Assessor’s Block 3750 (District 6) - Request for a Downtown Project Authorization per Planning Code Section 309, including requests for exceptions to the bulk requirements in the 200-S Height and Bulk District (Section 270), ground-Level wind current requirements in C-3 Districts (Section 148), and off-street loading space requirements (Section 152.1). The proposal would construct a five-story, 90,102 square foot addition to the existing, seven-story 174,252 square foot office building. In addition the proposal would re-clad the existing façade with a new metal and glass curtain wall system, reconfigure the ground floor to move and expand the retail space and construct a new corner lobby. The result will be a 12-story, 165.5-foot tall building with 264,354 square feet of office space and 5,000 square feet of ground floor retail space. The project site is located in the Downtown Commercial, Support (C-3-S) Zoning District and 200-S 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 October 20, 2016)

NOTE: On September 8, 2016, after hearing and closing public comment, continued the item to October 20, 2016 by a vote of +5 -0 (Koppel, Melgar were not yet seated). On October 20, 2016, without hearing, continued to December 8, 2016 by a vote of +7 -0.

14b. 2014.1063OFA (C. ASBAGH: 415/575-9165)

633 FOLSOM STREET - south side of Folsom Street, at the intersection of Folsom and Hawthorne Streets; lot 079 of Assessor’s Block 3750 (District 6) - Request for an Office Development Authorization pursuant to Planning Code Sections 321 and 322 to authorize up to 90,102 square feet from the Office Development Annual Limit. The proposal would construct a five-story, 90,102 square foot addition to the existing, seven-story 174,252 square foot office building. In addition the proposal would re-clad the existing façade with a new metal and glass curtain wall system, reconfigure the ground floor to move and expand the retail space and construct a new corner lobby. The result will be a 12-story, 165.5-foot tall building with 264,354 square feet of office space and 5,000 square feet of ground floor retail space. The project is located within the Downtown Commercial, Support (C-3-S) Zoning District and 200-S Height and Bulk District.

Preliminary Recommendation: Approve with Conditions

(Continued from Regular Meeting of October 20, 2016)

NOTE: On September 8, 2016, after hearing and closing public comment, continued the item to October 20, 2016 by a vote of +5 -0 (Koppel, Melgar were not yet seated). On October 20, 2016, without hearing, continued to December 8, 2016 by a vote of +7 -0.

15a. 2014.0401CUA (C. GROB: (415) 575-9138)

827 KEARNY STREET - along the west side of Kearny Street between Washington Street and Jackson Street, Lot 004 in Assessor’s Block 0194 (District 3) - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 121.4, 254, 270 and 303 to construct a building exceeding 35 feet in height, to establish a use size exceeding 5,000 square feet, and to exceed the permitted bulk length dimension. The proposal is to demolish a vacant, two-story commercial structure and construct a four-story mixed use building with 1,635 square feet of ground floor commercial space, 7,520 square feet of Institutional use at the basement, first, second and third floors (d.b.a. Buddha’s Universal Church), and one 2,319 square foot dwelling unit at the top floor. The proposed institutional uses would connect to the adjacent property at 825 Kearny by a pedestrian bridge at the second floor, which would also provide access to the primary church building at 720 Washington. The project site is located within the Chinatown Community Business (CCB) District and 65-N 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

15b. 2014.0401VAR (C. GROB: (415) 575-9138)

827 KEARNY STREET - along the west side of Kearny Street between Washington Street and Jackson Street, Lot 004 in Assessor’s Block 0194 (District 3) - Request for Site Coverage Modification pursuant to Planning Code Section 134.1, and Request for Variances from the requirements for permitted obstructions over streets and alleys pursuant to Planning Code Section 136, and from the active ground floor uses requirements of Section 145.1. The proposal is to demolish a vacant, two-story commercial structure and construct a four-story mixed use building with 1,635 square feet of ground floor commercial space, 7,520 square feet of Institutional use at the basement, first, second and third floors (d.b.a. Buddha’s Universal Church), and one 2,319 square foot dwelling unit at the top floor. The proposed institutional uses would connect to the adjacent property at 825 Kearny by a pedestrian bridge at the second floor, which would also provide access to the primary church building at 720 Washington. The project site is located within the Chinatown Community Business (CCB) District and 65-N Height and Bulk District.

16a. 2016-014590CRV (C. GROB: (415) 575-9138)

1412 MARKET STREET – north side of Market Street, at the west side of the intersection of Fell Street and Market Street; Lot 001 in Assessor’s Block 0835 (District 6); 140 ELLIS STREET – north side of Ellis Street, between Cyril Magnin and Powell Streets; Lot 023 in Assessor’s Block 0326 (District 3); 54 4th STREET – southwest side of 4^th Street, between Market and Jessie Streets; Lot 004 in Assessor’s Block 3705 (District 6); 447 BUSH STREET – South side of Bush Street, between Grant Avenue and Mark Lane; Lot 020 in Assessor’s Block 0287 (District 3); 432 GEARY STREET– North side of Geary Street, between Mason Street and Taylor Street; Lot 006 in Assessor’s Block 0306 (District 3); 972 SUTTER STREET – North side of Sutter Street, between Hyde Street and Leavenworth Street; Lot 012 in Assessor’s Block 0280 (District 3) – Request for Adoption of Findings recommending to the Department of Building Inspection if replacement Residential Hotel Rooms at 361 Turk and 145 Leavenworth are “comparable units” pursuant to Section 41.12(d) of the Administrative Code. The overall project proposes the conversion of a total of 214 Residential Hotel Rooms to Tourist Hotel Rooms among six hotels, with 214 proposed replacement units at 361 Turk and 145 Leavenworth project (Case No. 2012.1531ECK ) which was approved by the Planning Commission on July 9, 2015 per Motion Nos. 19411 and 19412 and involves the new construction of two residential buildings with 238 group housing rooms. The Planning Commission will also make a determination if the replacement residential units provided in the 361 Turk Street and 145 Leavenworth Street are “comparable units,” per Section 41.12(d) of San Francisco Administrative Code Chapter 41.

Preliminary Recommendation: Adopt Findings

16b. 2012.1531C_3 (C. GROB: (415) 575-9138)

54 4^th STREET - southwest side of 4th Street, between Market and Jessie Streets; Lot 004 in Assessor’s Block 3705 (District 6) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 178, 210.2 and 303, as well as Chapter 41 of the Administrative Code, for the intensification of a hotel use, d.b.a. The Mosser Hotel, within the C-3-R (Downtown Retail) District and the 160-S Height and Bulk District. There are currently 201 total rooms at the subject property, 120 of which are Tourist Hotel Rooms and 81 Residential Hotel Rooms. The project proposes the conversion of 77 Residential Hotel Rooms to 77 Tourist Hotel Rooms, and the replacement of the 77 Residential Hotel Rooms off-site at 361 Turk and 145 Leavenworth pursuant to the Permit to Convert provisions of Chapter 41 of the Administrative Code. The conversion would result in a total of 197 Tourist Hotel Rooms and four Residential Hotel Rooms at 54 4th Street. There are no permanent tenants residing in the 77 Residential Hotel Rooms proposed for conversion, and no physical expansion or alterations are proposed. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h). The Planning Commission will also make a determination that the replacement residential units provided in the 361 Turk Street and 145 Leavenworth Street are “comparable units,” per Section 41.12(d) of San Francisco Administrative Code Chapter 41 (2016-014590CRV). The overall project proposes the conversion of a total of 214 Residential Hotel Rooms to Tourist Hotel Rooms among six hotels, with proposed replacement units at 361 Turk and 145 Leavenworth project (Case No. 2012.1531ECK ) which was approved by the Planning Commission on July 9, 2015 per Motion Nos. 19411 and 19412 and involves the new construction of two residential buildings with 238 group housing rooms.

Preliminary Recommendation: Disapprove

16c. 2015-010755CUA (C. GROB: (415) 575-9138)

447 BUSH STREET - south side of Bush Street, between Grant Avenue and Mark Lane; Lot 020 in Assessor’s Block 0287 (District 3) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 178, 210.2 and 303, as well as Chapter 41 of the Administrative Code, for the intensification of a hotel use, d.b.a. Hotel Des Arts, within the C-3-R (Downtown Retail) District and the 80-130-F Height and Bulk District. There are currently 51 total rooms at the subject property, 13 of which are Tourist Hotel Rooms and 38 Residential Hotel Rooms. The project proposes the conversion of 37 Residential Hotel Rooms to 37 Tourist Hotel Rooms, and the replacement of the 37 Residential Hotel Rooms off-site at 361 Turk and 145 Leavenworth pursuant to the Permit to Convert provisions of Chapter 41 of the Administrative Code. The project also includes the construction of one additional Tourist Hotel Room within existing second floor lobby space. The conversion would result in a total of 51 Tourist Hotel Rooms and one Residential Hotel Rooms at 447 Bush Street. There are no permanent tenants residing in the 37 Residential Hotel Rooms proposed for conversion, and no physical expansion or exterior alterations are proposed. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h). The Planning Commission will also make a determination that the replacement residential units provided in the 361 Turk Street and 145 Leavenworth Street are “comparable units,” per Section 41.12(d) of San Francisco Administrative Code Chapter 41 (2016-014590CRV). The overall project proposes the conversion of a total of 214 Residential Hotel Rooms to Tourist Hotel Rooms among six hotels, with proposed replacement units at 361 Turk and 145 Leavenworth project (Case No. 2012.1531ECK ) which was approved by the Planning Commission on July 9, 2015 per Motion Nos. 19411 and 19412 and involves the new construction of two residential buildings with 238 group housing rooms.

Preliminary Recommendation: Disapprove

16d. 2014.0910C (C. GROB: (415) 575-9138)

432 GEARY STREET - north side of Geary Street, between Mason Street and Taylor Street; Lot 006 in Assessor’s Block 0306 (District 3) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 178, 210.2 and 303, as well as Chapter 41 of the Administrative Code, for the intensification of a hotel use, d.b.a. Union Square Plaza Hotel, within the C-3-G (Downtown - General) District and the 80-130-F Height and Bulk District. There are currently 69 total rooms at the subject property, eight of which are Tourist Hotel Rooms and 61 Residential Hotel Rooms. The project proposes the conversion of 55 Residential Hotel Rooms to 55 Tourist Hotel Rooms, and the replacement of the 55 Residential Hotel Rooms off-site at 361 Turk and 145 Leavenworth pursuant to the Permit to Convert provisions of Chapter 41 of the Administrative Code. The conversion would result in a total of 63 Tourist Hotel Rooms and six Residential Hotel Rooms at 432 Geary Street. There are no permanent tenants residing in the 55 Residential Hotel Rooms proposed for conversion, and no physical expansion or alterations are proposed. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h). The Planning Commission will also make a determination that the replacement residential units provided in the 361 Turk Street and 145 Leavenworth Street are “comparable units,” per Section 41.12(d) of San Francisco Administrative Code Chapter 41(2016-014590CRV). The overall project proposes the conversion of a total of 214 Residential Hotel Rooms to Tourist Hotel Rooms among six hotels, with proposed replacement units at 361 Turk and 145 Leavenworth project (Case No. 2012.1531ECK ) which was approved by the Planning Commission on July 9, 2015 per Motion Nos. 19411 and 19412 and involves the new construction of two residential buildings with 238 group housing rooms.

Preliminary Recommendation: Disapprove

16e. 2015-010747CUA (C. GROB: (415) 575-9138)

972 SUTTER STREET- north side of Sutter Street, between Hyde Street and Leavenworth Street; Lot 012 in Assessor’s Block 0280 (District 3) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 178, 210.2 and 303, as well as Chapter 41 of the Administrative Code, for the intensification of a hotel use, d.b.a. Mithila Hotel, within the RC-4 (Residential-Commercial-High Density) District and the 80-A Height and Bulk District. There are currently 30 total rooms at the subject property, 11 of which are Tourist Hotel Rooms and 19 Residential Hotel Rooms. The project proposes the conversion of 18 Residential Hotel Rooms to 18 Tourist Hotel Rooms, and the replacement of the 18 Residential Hotel Rooms off-site at 361 Turk and 145 Leavenworth pursuant to the Permit to Convert provisions of Chapter 41 of the Administrative Code. The conversion would result in a total of 29 Tourist Hotel Rooms and one Residential Hotel Room at 972 Sutter Street. There are no permanent tenants residing in the 18 Residential Hotel Rooms proposed for conversion, and no physical expansion or alterations are proposed. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h). The Planning Commission will also make a determination that the replacement residential units provided in the 361 Turk Street and 145 Leavenworth Street are “comparable units,” per Section 41.12(d) of San Francisco Administrative Code Chapter 41(2016-014590CRV). The overall project proposes the conversion of a total of 214 Residential Hotel Rooms to Tourist Hotel Rooms among six hotels, with proposed replacement units at 361 Turk and 145 Leavenworth project (Case No. 2012.1531ECK) which was approved by the Planning Commission on July 9, 2015 per Motion Nos. 19411 and 19412 and involves the new construction of two residential buildings with 238 group housing rooms.

Preliminary Recommendation: Disapprove

17. 2015-002135CUA (C. TOWNES: (415) 575-9195)

854 CAPP STREET - west side of Capp Street between 23^rd and 24^th Streets; Lot 041 in Assessor’s Block 3642 (District 9) - Request for a Conditional Use Authorization (CUA), pursuant to Planning Code Section 303 and 317, to demolish the existing 2,020 square foot, one-story-over-basement, single family residence (with detached rear accessory building) on a 3,062 sf (25’x122.5’) lot, and construct a new 40-foot tall, four-story, 7,815 square foot, residential building with four dwelling units. Pursuant to Planning Code Section 317(c), an application for a permit that would result in the loss of one or more Residential Units is required to obtain Conditional Use Authorization and the application for a replacement building shall be subject to Conditional Use requirements. The subject property is located within the RTO-M (Residential Transit Oriented- Mission) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve with Conditions

(Continued from Regular hearing of October 13, 2016)

NOTE: On September 29, 2016, after hearing and closing public comment, continued the item to October 13, 2016 by a vote of +6 -1 (Fong against). On October 13, 2016, without hearing, continued to December 8, 2016 by a vote of +4 -0 (Hillis, Johnson, Melgar absent).

18. 2015-004109CUA (R. SUCRE: (415) 575-9108)

333 12^TH STREET - located on the north side of 12th Street between Folsom and Harrison Streets, Lot 022 & 055 in Assessor’s Block 3521 - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 303 and 823(c)(11), for major developments requesting a height bonus for the project involving new construction of a seven-story-over-basement (80-ft tall), residential building with 200 dwelling units and 125 Class 1 bicycle parking spaces. The proposed project would utilize the State Density Bonus Law (California Government Code Sections 65915-65918), and proposes waivers for lot merger, rear yard, open space, dwelling unit exposure, height limit, and off-street freight loading. The project site is located within the WMUG (Western SoMa Mixed-Use General) Zoning District, Western SoMa Special Use District, and 55-X and 55/65-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve with Conditions

19. 2015-009460CUA (B. BENDIX: (415) 575-9114)

830 EDDY STREET & 815 VAN NESS AVENUE - located on the southwest corner of Van Ness Avenue and Willow Street; Lots 018, 022-044 in Assessor’s Block 0738 (District 5) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 253, 253.2, 303, and 304 to demolish an approximately 9,370 square foot two-story parking garage containing 62 off-street parking spaces and to construct a 120-foot tall residential building of approximately 119,050 gross square feet containing 126 dwelling units and up to 105 off-street parking spaces. The project is seeking exceptions as a Planned Unit Development to the Planning Code’s requirements for rear yard (Section 134), architectural obstructions over the public right-of-way (Section 136), dwelling unit exposure (Section 140), street frontage (Section 145.1), off-street loading (Section 152) and bulk (Section 270). The subject property is located within a RC-4 (Residential-Commercial, High Density) Zoning District, the Van Ness Special Use District, and 130-V Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve with Conditions

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.

20. 2015-015904DRP (C. MAY: (415) 575-9087)

1825 WEBSTER STREET - southwest corner of Webster and Wilmot Streets; Lot 060 in Assessor’s Block 0660 (District 5) - Request for Discretionary Review of Building Permit Application No. 2015.11.12.2215, proposing the construction of a three-story horizontal addition at the rear, three- and four-story horizontal additions on the north side, and a two-story vertical addition to the two-story single-family house within a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Abbreviated Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve as Amended

21. 2016-005475DRM (J. SPIERS: (415) 575-9106)

739 BRYANT STREET - southeast side of Bryant Street, between 5^th and Morris Streets; Lot 046A in Assessor’s Block 3778 (District 6) - Request is for a Mandatory Discretionary Review of an application for a change of use from Office to a Medical Cannabis Dispensary (MCD) at the second story, within the SALI (Service, Arts, Light Industrial) Zoning District and 40/55-X Height and Bulk District. The MCD is proposed for delivery only, and will not be open to the public. The associated Building Permit Application 2016.05.09.6943 is for change of use only. No interior or exterior alterations are proposed. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Full Analysis

Preliminary Recommendation: Take Discretionary Review and Approve with Conditions

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:

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.

Appeal Information

An appeal of the approval (or denial) of a 100% Affordable Housing Bonus Program application may be made to the Board of Supervisors within 30 calendar days after the date of action by the Planning Commission pursuant to the provisions of Sections 328(g)(5) and 308.1(b). Appeals must be submitted in person at the Board’s office at 1 Dr. Carlton B. Goodlett Place, Room 244. For further information about appeals to the Board of Supervisors, including current fees, contact the Clerk of the Board of Supervisors at (415) 554-5184.

An appeal of the approval (or denial) of a building permit application issued (or denied) pursuant to a 100% Affordable Housing Bonus Program application by the Planning Commission or the Board of Supervisors may be made to the Board of Appeals within 15 calendar days after the building permit is issued (or denied) by the Director of the Department of Building Inspection. Appeals must be submitted in person at the Board's office at 1650 Mission Street, 3rd Floor, Room 304. For further information about appeals to the Board of Appeals, including current fees, contact the Board of Appeals at (415) 575-6880.

Pursuant to California Government Code Section 65009, if you challenge, in court, the decision of an entitlement or permit, the issues raised shall be limited to those raised in the public hearing or in written correspondence delivered to the Planning Commission prior to, or at, the public hearing.

Planning Commission - December 8, 2016 - Agenda

D. DEPARTMENT MATTERS

F. REGULAR CALENDAR

G. DISCRETIONARY REVIEW CALENDAR

ARCHIVED SITE NOTICE