ROLL CALL:                                                                     

 

                                         President:                              Rich Hillis                                                                                    Vice-President:                     Dennis Richards

                                         Commissioners:                    Rodney Fong, 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.            2017-000178CUA                                                                        (E. JACKSON: (415) 575-6363)

175 JUNIPERO SERRA BOULEVARD - east side, between Darien Way, Monterey Boulevard, and San Rafael Way, Lot 006 in Assessor’s Block 3250 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.1 and 303 to amend a previously approved CU authorization (Case No. 2012.0348C, Motion No. 18674) to expand the existing 2,700 square foot child care facility serving 60 children to a 4,062 square foot child care facility serving the same number of children within a RH-1(D) (Residential, One-Family, Detached) Zoning District with 40-X Height and Bulk designation.  The site is currently occupied by a child care facility (aka Alpha Kids Academy) and a church (aka Christian Science Church).

Preliminary Recommendation: Approve with Conditions

            (Proposed for Continuance to August 24, 2017)

 

2.            2015-015234DRP                                                                                            (N. TRAN: (415) 575-9174)

578 ELIZABETH STREET - north side of Elizabeth Street, between Castro and Noe Streets, Lot 022 in Assessor’s Block 3655 (District 8) - Request for Discretionary Review of Building Permit No. 2015.11.05.1916, proposing to construct side, vertical and horizontal rear additions to the existing two-story over garage/basement single-family dwelling. Work includes excavation at the garage/basement level, interior remodeling and exterior façade changes. The project site is 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 San Francisco Administrative Code Section 31.04(h).

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation: Pending

(Proposed for Continuance to October 12, 2017)

 

B.         CONSENT CALENDAR

 

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

 

 

 

3.             2016-010632CUA                                                                            (C. CLARKE: (415) 575-9184)

201 STEINER STREET - at the northwest corner of Waller Street, Lot 007 in Assessor’s Block 0861 (District 5) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 303.1 to establish a Formula Retail Limited-Restaurant use (d.b.a. Blue Bottle Coffee) in the existing 1,387 square-foot tenant space (previously occupied by a Limited-Restaurant d.b.a. Bean There Café) in the existing three-story mixed-use building within the RM-1 (Residential - Mixed, Low Density) Zoning District and 40-X Height and Bulk District, and within one-quarter-mile of the Upper Market Neighborhood Commercial Transit District. Not defined as a project under CEQA Guidelines Sections 15378 and 15060(c)(2) because it does not result in a physical change in the environment; No CEQA review is required pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Approve with Conditions

(Continued from Regular Meeting of May 11, 2017)

NOTE: On May 11, 2017, after hearing and closing public comment, the Planning Commission adopted  a Motion of Intent to Disapprove and continued the matter to June 1, 2017 by a vote of +4 -2 (Koppel, Johnson against; Melgar absent).

 

C.         COMMISSION MATTERS

 

4.            Consideration of Adoption:

·       Draft Minutes of April 6, 2017

·       Draft Minutes of April 13, 2017

·       Draft Minutes of May 11, 2017

 

5.            Commission Comments/Questions

·       Inquiries/Announcements.  Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).

·       Future Meetings/Agendas.  At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.

 

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.                2014-001179CWP                                                                            (T. OJEDA: (415) 558-6251)
HOUSING BALANCE REPORT - On April 21, 2015, the Board of Supervisors passed Ordinance No. 53-15 amending the Planning Code to include a new Section 103 requiring the Planning Department to monitor and report on the “housing balance” between new market rate housing and new affordable housing production. The ordinance required that reports are to be submitted by April 1 and October 1 of each year. This will be the fifth report in the series. The Ordinance also mandated an annual public hearing before the Board of Supervisors on the progress towards meeting the City’s affordable housing goals. This Informational Presentation will highlight the Report’s findings to the Commission.
Preliminary Recommendation: None – Informational

 

9.                2015-000644ENV                                                                    (T. JOHNSTON:  (415) 575-9035)

BIOSOLIDS DIGESTER FACILITIES PROJECT - located at 750 Phelps Street, 1700 Jerrold Avenue, 1800 Jerrold Avenue, and 1801 Jerrold Avenue, Assessor’s Block 5262 Lot 009 and Block 5281 Lot 001.  Commission Review and Comment on the Draft Environmental Impact Report.  The proposed project would construct new solids treatment, odor control, energy recovery, and associated facilities as part of improvements to the wastewater treatment facilities at the existing Southeast Water Pollution Control Plant (SEP) in San Francisco. Nine structures totaling about 136,000 square feet of building area, all of which are less than 65 feet tall, would be demolished at the project site and construction staging areas. The structures to be demolished were built between 1952 and 2009. The project would construct 22 above- and below-ground facilities on about 206,000 square feet of the project site. The tallest new buildings would be 65 feet tall; the tallest new structure, an exhaust stack, would be 75 feet tall.  The project site is located within a P (Public Facilities), M-1 (Light Industrial), and M-2 (Industrial) Zoning Districts with a 65-J Height and Bulk Limit. 

Written comments will be accepted at the Planning Department until 5:00 p.m. on June 19, 2017

Preliminary Recommendation: Review and Comment

              

10.          2013.0208E                                                                                                  (T. SHEYNER: (415) 575-9127)

SEAWALL LOT 337 AND PIER 48 MIXED-USE PROJECT - located east of Third Street, between China Basin Channel and Mission Rock Street, Assessor’s Block 8719/Lot 002; Block 8719/Lot 006; and Block 9900/Lot 048 (District 6) – Public Hearing on the Draft Environmental Impact Report. The proposed project would develop a mixed-use, multi-phase development on Seawall Lot 337 and Parcel P20, rehabilitate Pier 48, and construct approximately 5.4 acres of net new open spaces for a total of 8.0 acres of open space on the project site. In addition, approximately 1.1 million gross square feet (gsf) of parking would be provided in two public parking garages, one above grade and one below grade. The proposed project would also include public access areas, assembly areas, and an internal grid of public streets, shared streets, and utilities infrastructure. Overall, the proposed project would involve construction of up to 2.7 to 2.8 million gsf of residential, commercial, production, active/retail, and parking uses on 11 proposed development blocks on Seawall Lot 337, plus rehabilitation of approximately 261,000 gsf of Pier 48 for reuse. The project site is owned by the Port of San Francisco.  Seawall Lot 337 and Parcel P20 are in a Mission Bay Open Space (MB-OS) Use District and the Mission Rock Height and Bulk District. Pier 48 is in a Heavy Industrial (M-2) Use District and the Mission Rock Height and Bulk District.

Written comments will be accepted at the Planning Department until 5:00 p.m. on June 12, 2017

Preliminary Recommendation: Review and Comment

 

11.                                                                                                                     (B. BENDIX: (415) 575-9114)

RESIDENTIAL EXPANSION REVIEW - A CLEAR PROCESS FOR ALTERATIONS AND DEMOLITIONS - This item will be an Informational Presentation on the Department’s proposal to eliminate the existing tantamount to demolition controls in Planning Code Section 317 and to establish a new policy and process that requires Planning Commission review for projects in RH districts that exceed specific Floor Area Ratio (FAR) thresholds. This is an informational item only, no Commission action is required at this time. For more information and to review the presentation to the Commission after this hearing, please visit our website at –www.sf-planning.org/residential-expansion-threshold; Feedback on this proposal may be sent to CPC.RET@sfgov.org

Preliminary Recommendation: None - Informational

 

12.             2016-010544CUA                                                                          (N. FOSTER: (415) 575-9167)

824 HYDE STREET - east side of Hyde Street, between Bush and Sutter Streets,  Lot 017 in

Assessor’s Block 0280 (District 3) - Request for Conditional Use Authorization pursuant to Planning Code Sections 209.3, 253, 303, and 303 (g) to establish a new Hotel Use exceeding the use size limitations, and to permit a building exceeding 50 feet within a RC Zoning District. The Project Site is located within a RC-4 (Residential-Commercial, High Density) Zoning District and 80-A Height and Bulk District. The Project Site is currently vacant; it was previously occupied by a four-story, eight-unit residential building that was destroyed by fire in 2010. The Project proposes to construct an approximately 64-foot-tall (up to maximum height of 69 feet, inclusive of mechanical equipment and elevator over-run), six-story-over-basement, 13,367 gross square foot (gsf) building on a partially down-sloping vacant lot. The proposed building would contain a Hotel Use (A Retail Sales and Service Use), providing thirty (30) tourist guest rooms. The Project would provide six (6) Class I bicycle parking spaces in the basement and two (2) Class II bicycle parking spaces on Hyde Street. While no off-street parking is proposed, the Project would seek approval by the SFMTA for a 40-foot-long passenger loading zone on Hyde Street, directly in front of the subject property. The resulting height of the building would exceed 50 feet in height. Even though the underlying Bulk and Height District (80-A) would allow for a taller structure, the Code requires approval by the Planning Commission according to the procedures for conditional use approval in Section 303 of this Code. 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

(Continued from Regular Meeting of May 18, 2017)

NOTE: After hearing and closing public comment, the Planning Commission continued the matter to June 1, 2017 by a vote of +7 -0.

 

                    13a.          2014.0506SHD                                                                                (T. CHANG: (415) 575-9197)

519 ELLIS STREET - south side of Ellis Street between Leavenworth Street and Hyde Street; Lot 028 in Assessor’s Block 0334 (District 6) -  Shadow Determination that project shadow would not adversely affect use of public open space under the jurisdiction of the Recreation and Park Commission (Section 295). The project proposes to construct an approximately 80’-0” tall, 21,417 gross square-foot, eight-story, mixed-used building containing 21 residential units, two retail spaces of approximately 855 square feet and 1,866 square feet, 24 Class 1, four (4) Class 2 bicycle parking spaces and approximately 2,422 square feet of common and private open space.

Preliminary Recommendation:  Adopt Findings

 

                    13b.         2014.0506CUA                                                                                (T. CHANG: (415) 575-9197)

519 ELLIS STREET - south side of Ellis Street between Leavenworth Street and Hyde Street; Lot 028 in Assessor’s Block 0334 (District 6) - Request for Conditional Use Authorization pursuant to Planning Code Sections 253 and 303 to construct a building exceeding 50-feet in height in an RC-4 (Residential Commercial, High Density) Zoning District and an 80-T Height and Bulk District. The project proposes to construct an approximately 80’-0” tall, 21,417 gross square-foot, eight-story, mixed-used building containing 21 residential units, two retail spaces of approximately 855 square feet and 1,866 square feet, 24 Class 1, four (4) Class 2 bicycle parking spaces and approximately 2,422 square feet of common and private open space. 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

 

14a.       2015-009279CUA-02                                                                          (C. MAY: (415) 575-9087)

1433 BUSH STREET - south side of Bush Street, between Van Ness Avenue and Polk Street; Lot 024 in Assessor’s Block 0670 (District 3) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 253, 253.2, 271 and 303, to modify a previously-approved project (Case No. 2015-009279CUA, Planning Commission Motion No. 19720 approved August 4, 2016) to construct an eight-story building with 40 dwelling units above two ground floor retail spaces totaling 1,546 square feet.  The project would include a shared rooftop deck, 16 stacked vehicular parking spaces accessed via Fern Street, and 44 bicycle parking spaces.  The project is located within a RC-4 (Residential-Commercial, High Density) District, the Van Ness Avenue Special Use District and 130-V 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

 

14b.       2015-009279VAR-02                                                                          (C. MAY: (415) 575-9087)

1433 BUSH STREET - south side of Bush Street, between Van Ness Avenue and Polk Street; Lot 024 in Assessor’s Block 0670 (District 3) - Request for Modification of rear yard requirements pursuant to Planning Code Section 134 to provide a rear yard less than 25 percent of lot depth. The Project proposes to construct an eight-story building with 40 dwelling units above two ground floor retail spaces totaling 1,546 square feet.  The project would include a rooftop deck, 16 stacked vehicular parking spaces accessed via Fern Street, and 44 bicycle parking spaces. The project is located within a RC-4 (Residential-Commercial, High Density) District, the Van Ness Avenue Special Use District and 130-V Height and Bulk District.

 

15a.       2015-014040CUA                                                                            (L. AJELLO: (415) 575-9142)

2301 LOMBARD STREET - southwest corner of Lombard and Pierce Streets; Lot 031 in Assessor’s Block 0512 (District 2) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 121.1 and 303 to allow construction of a 4-story mixed-use building on a vacant lot formerly used as a gasoline service station.  The proposed new building includes approximately 2,600 square feet of ground floor commercial space, 22 dwelling units above and 33 off-street parking spaces.  The subject property is within a NC-3 (Neighborhood Commercial, Moderate Scale) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation:  Approve with Conditions

 

15b.         2015-014040VAR                                                                            (L. AJELLO: (415) 575-9142)

2301 LOMBARD STREET - southwest corner of Lombard and Pierce Streets; Lot 031 in Assessor’s Block 0512 (District 2) - Request for Variance, pursuant to Planning Code Section 134(e), to modify the rear yard requirement for the 4-story mixed-use project that includes approximately 2,600 square feet of ground floor commercial space, 22 dwelling units above and 33 off-street parking spaces. The subject property is within a NC-3 (Neighborhood Commercial, Moderate Scale) Zoning District and 40-X Height and Bulk District.

 

16a.          2016-001273CUA                                                                                (J. VIMR: (415) 575-9109)

302 GREENWICH STREET/1531 MONTGOMERY STREET – North side of Greenwich Street at its intersection with Montgomery Street; Lots 004-005 in Assessor’s Block 0079 (District 3); City Landmark No. 121: Julius’ Castle - Request for Conditional Use Authorization, pursuant to Planning Code Sections 186.3, 303, and 710.44 to allow the restoration of a Restaurant use at the subject property. The proposed Restaurant would have an occupied floor area of approximately 4,900 square feet, with approximately 30 employees and a maximum of 115 customers at a single time. The subject property is within a RH-3 (Residential House, Three Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation:  Approve with Conditions

 

16b.       2016-001273VAR                                                                                (J. VIMR: (415) 575-9109)

302 GREENWICH STREET/1531 MONTGOMERY STREET - North side of Greenwich Street at its intersection with Montgomery Street; Lots 004-005 in Assessor’s Block 0079 (District 3); City Landmark No. 121: Julius’ Castle – Request for Variance, pursuant to Planning Code Section 134 to legalize an expansion of the building at the rear, northwest corner of the property. The expansion is approximately 120 square feet in area and sits entirely within the required rear yard. The subject property is within a RH-3 (Residential House, Three Family) Zoning District and 40-X Height and Bulk District.

 

17.             2014-002026ENX                                                     (L. AJELLO-HOAGLAND: (415) 575-6823)

               1726-1730 MISSION STREET - west side of Mission Street, between Duboce Avenue and 14^th Street, Lots 004A and 005 in the Assessor’s Block 3532 (District 9) -  Request for Large Project Authorization, pursuant to Planning Code Section 329 and the Mission 2016 Interim Zoning Controls (Planning Commission Resolution No. 19865), to demolish a 11,200 square-foot (sq. ft.), two-story, approximately 20-foot ­tall industrial building, and to construct of a six-story, 66-foot ­tall, 35,893 sq. ft. mixed-use building with up to 40 dwelling units, approximately 2,250 sq. ft. of ground floor PDR (Production Distribution and Repair) use, and 22 off-street parking spaces. The project is not seeking any exceptions from the Planning Code. The project site is located within the UMU (Urban Mixed-Use) Zoning District and 68-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

                    (Continued from Regular Meeting of May 18, 2017)

 

18a.       2015-011211SHD                                                     (L. AJELLO-HOAGLAND: (415) 575-6823)

               1850 BRYANT STREET - west side of Bryant Street and east side of Florida Street, Lot 006 in the Assessor’s Block 3970 (District 9) – Shadow Determination that project shadow would not adversely affect use of public open space under the jurisdiction of the Recreation and Park Commission (Planning Code Section 295).  The Project includes construction of a new 5-story, 68-foot-tall building totaling 187,416 gross square feet (gsf) that includes 18,652 gsf of Production, Distribution and Repair (PDR), 166,483 gsf of Social Service/Community Facility and 2,281 gsf of ground-floor retail Commercial uses. The Project also includes 89 off-street; 2 car share; 4 service vehicle; and 1 truck loading parking space; 30 Class 1 and 15 Class 2 bike parking spaces.

Preliminary Recommendation:  Adopt Findings

 

               18b.         2015-011211CUA                                                     (L. AJELLO-HOAGLAND: (415) 575-6823)

               1850 BRYANT STREET - west side of Bryant Street and east side of Florida Street, Lot 006 in the Assessor’s Block 3970 (District 9) – Request for Conditional Use Authorization, pursuant to Planning Code Sections 210.3 and 303, to demolish an existing 2-story building and construct new 5-story, 68-foot-tall building totaling 187,416 gross square feet (gsf) that includes 18,652 gsf of Production, Distribution and Repair (PDR), 166,483 gsf of Social Service/Community Facility and 2,281 gsf of ground-floor retail Commercial uses. The Project also includes 89 off-street; 2 car share; 4 service vehicle; and 1 truck loading parking space; 30 Class 1 and 15 Class 2 bike parking spaces. The Project is located in the PDR-1-G (Production, Distribution & Repair -1- General) Zoning District and 68-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

 

18c.          2015-011211VAR                                                     (L. AJELLO-HOAGLAND: (415) 575-6823)

               1850 BRYANT STREET - west side of Bryant Street and east side of Florida Street, Lot 006 in the Assessor’s Block 3970 (District 9) - Request for Variance from the requirements for off-street loading (Planning Code Section 152) and ground floor ceiling height (Planning Code Section 145) to construct new 5-story, 68-foot-tall building totaling 187,416 gross square feet (gsf) that includes 18,652 gsf of Production, Distribution and Repair (PDR), 166,483 gsf of Social Service/Community Facility and 2,281gsf of ground-floor retail Commercial uses. The Project also includes 89 off-street; 2 car share; 4 service vehicle; and 1 truck loading parking space; 30 Class 1 and 15 Class 2 bike parking spaces. The Project is located in the PDR-1-G (Production, Distribution & Repair -1- General) Zoning District and 68-X Height and Bulk District.

 

 

19.          2015-007183CUA                                                                       (T. KENNEDY: (415) 575-9125)

79 CRAGMONT AVENUE - west side of Cragmont Avenue, located in the Inner Sunset Neighborhood, Lot 012 in Assessor’s Block 2131A (District 7) - Request for Conditional Use Authorization to authorize the demolition of a 1700 square foot, one-story house and replace it with a 3,756 square foot, two – story house in its place pursuant Planning Code Sections 317, 209.1, and 303. The subject property is within a RH-1 (Residential House-Single Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Disapprove

(Continued from Regular Meeting of February 23, 2017)

Note: On January 26, 2017, after hearing and closing public comment the Commission adopted a motion of intent to Disapprove and Continued the matter to February 23, 2017 by a vote of +7 -0.

On February 23, 2017, without hearing, Continued to June 1, 2017 by a vote of +6 -0 (Johnson absent).

 

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.             2016-000017DRP                                                                    (E. SAMONSKY: (415) 575-9112)

43 EVERSON STREET - south side approximately 150 feet east of the intersection with Beacon Street, Lot 024 in Assessor’s Block 7542, (District 8) - Request for Discretionary Review of Building Permit Application No. 2016.01.27.8097 proposing construction of a three-story horizontal rear addition and remodel the front facade and interior of a single family dwelling within a RH-1 (Residential House, One-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

                              Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of May 18, 2017)

NOTE: On April 6, 2017, after hearing and closing public comment, the item was continued to May 18, 2017 by a vote of +6 -1 (Johnson against).

On May 18, 2017, without hearing, Continued to June 1, 2017 by a vote of +6 -0 (Johnson absent).

 

21.             2015-007765DRP                                                  (E. GORDON-JONCKHEER: (415) 575-8728)

1369 SANCHEZ STREET - east side between Cesar Chavez and 27^th Streets, Lot 027 in Assessor’s Block 027 (District 8) - Request for Discretionary Review of Building Permit Application No. 2015.0819.47.09 proposing the remodel of the front elevation, a horizontal addition and the reconfiguration of the existing two-unit residence by relocating Unit 1 from the second floor to the ground floor and combining habitable space on second and third floors into one residential unit – Unit 2, within a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District. The project would also fill in alley space/ side yard at the south front of the building on all floors.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

               (Continued from Regular Meeting of April 27, 2017)

 

22.          2016-004009DRP                                                                           (V. FLORES: (415) 575-9173)

3932-3934 26^TH STREET - between Sanchez and Church Streets, Lot 012 in Assessor’s Block 6552 (District 8) - Request for Discretionary Review of Building Permit Application No. 2016.03.18.2438, proposing to the renovation and addition to an existing three-story two-unit building located within a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District. The project will excavate and expand the garage level. Additionally, the proposal includes a rear horizontal addition to the second and third floors; a new vertical addition for a fourth floor, and façade alterations. Each unit will occupy two floors. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of February 9, 2017)

 

H.               PUBLIC COMMENT

 

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

 

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

 

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

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

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

 

Adjournment

Hearing Procedures

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

 

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

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

 

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

 

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

 

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

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

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

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

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

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

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

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

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

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

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

 

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

 

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

 

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

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

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

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

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

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

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

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

 

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

 

Hearing Materials

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

 

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

 

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

 

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

 

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

 

Appeals

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

 

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

 

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.

 

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.