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.

 

1a.          2014-002181MAPPCA                                                                         (C. MAY: (415)575-9087)

2670 GEARY BOULEVARD - Northwest corner of Geary Boulevard and Masonic Avenue; Lot 003 in Assessor's Block 1071 (District 2) – Establishment of the Geary-Masonic Special Use District [Board File 161109] - Planning Code and Zoning Map Amendments, adding Section 249.20 and amending Sheet SU03 of the of the City and County of San Francisco to establish the Geary-Masonic Special Use District in the area generally bounded by Geary Boulevard to the south, Masonic Avenue to the east, and Assessor's Block 1071 Lots 001 and 004 to the north and east, respectively; and affirming the Planning Department's determination under the California Environmental Quality Act; 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.  The application of the Geary-Masonic SUD development controls would preclude the application of the HOME-SF provisions pursuant to Planning Code Section 206.3.

Preliminary Recommendation: Pending

(Proposed for Continuance to July 13, 2017)

 

1b.         2014-002181CUA                                                                                (C. MAY: (415) 575-9087)

2670 GEARY BOULEVARD - northwest corner of Geary Boulevard and Masonic Avenue; Lot 003 in Assessor's Block 1071 (District 2) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 121.1, 121.2, 271, and 303 to permit the development of an 8-story mixed-use building containing 99 residential dwelling units above 36 stacked parking spaces and 3,294 square feet of ground floor retail space within the NC-3 (Moderate-Scale Neighborhood Commercial) District and an 80-D Height and Bulk District. This project is seeking development incentives in the form of increased dwelling unit density in exchange for providing a higher level of affordable housing than would otherwise be required pursuant to Planning Code 415 (the Inclusionary Affordable Housing Program) by one of two means: either the application of draft legislation which would amend the Planning Code and Zoning Map of the City and County of San Francisco to establish the Geary-Masonic Special Use District (Board File 161109) or the application of the provisions of the HOME-SF Program. In order to facilitate the project under the HOME-SF Program, Conditional Use Authorization pursuant to Planning Code Section 206.3 is required.  The project is also requesting a modification to the rear yard requirements pursuant to Planning Code Section 134, and variances to the usable open space and dwelling unit exposure requirements pursuant to Planning Code Sections 135 and 140 which can be granted as zoning modifications by the Planning Commission pursuant to Planning Code Section 206.  Alternatively, these may be granted by the Zoning Administrator pursuant to Planning Code Section 305.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation:  Pending

(Proposed for Continuance to July 13, 2017)

 

2.            2013.1330DRP                                                                                        (D. VU: (415) 575-9120)

1900 MISSION STREET - southwest  corner of 15^th  and Mission Streets, Lot 01 in Assessor's

Block 3554 (District 9) - Request for Discretionary Review of Building Permit Application No. 2015.0708.0963, proposing to demolish the existing 1,690 sq. ft. automotive repair shop (dba Discount Auto Performance) and construct a 16,022 gross sq. ft., seven-story over basement, 75-feet tall mixed-use building that includes 805 sq. ft. of ground-floor commercial space, twelve dwelling units at all floors of the building, 1,370 sq. ft. of combined common and private open space and eighteen Class 1 bicycle parking spaces at the basement level within the Mission Street NCT (Neighborhood Commercial Transit) Zoning District and 80-B 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: Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of April 13, 2017)

NOTE: On February 23, 2017, after hearing and closing public comment, the matter was continued to April 13, 2017 by a vote of +7 -0.

On April 13, 2017, without hearing, the matter was continued to June 15, 2017 by a vote of +7 -0.

(Proposed for Continuance to July 6, 2017)

 

B.         COMMISSION MATTERS

 

3.            Consideration of Adoption:

·       Draft Minutes for June 1, 2017

 

4.            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.

                   

C.         DEPARTMENT MATTERS

 

5.            Director's Announcements

 

6.            Review of Past Events at the Board of Supervisors, Board of Appeals and Historic Preservation Commission

              

 

 

D.         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.

 

E.               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.

 

7.            2017-001061PCA-04                                                                    (J. BINTLIFF: (415) 575-9170)
INCLUSIONARY AFFORDABLE HOUSING PROGRAM ORDINANCE – Planning Code Amendment revising the Inclusionary Affordable Housing Program. The Planning Commission considered two ordinances on April 27, 2017 [Board File No. 161351 Inclusionary Affordable Housing Fee and Requirements and Board File No. 170208 Inclusionary Affordable Housing Fee and Dwelling Unit Mix Requirements]. Since the Commission hearing, the Board of Supervisors made material modifications which are being referred back to the Commission pursuant to Planning Code Section 302(d). The revised Ordinance [Board File No. 161351 v4 Inclusionary Affordable Housing Fee and Dwelling Unit Mix Requirements] would amend the Planning Code to revise the amount of the Inclusionary Affordable Housing Fee and the On-Site and Off-Site Affordable Housing Alternatives and other Inclusionary Housing requirements; to require minimum dwelling unit mix in all residential districts; to establish dwelling unit minimum sizes; to establish a prohibition on studio units with prices set at 100% AMI or above; to replace or pay a fee for any affordable units that may be lost due to demolition or conversion; and affirming the Planning Department's determination under the California Environmental Quality Act; making findings of public necessity, convenience, and welfare 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 of a modified ordinance and make findings of consistency

 

               8.            2015-005848ENV                                                                             (D. LEWIS: (415) 575-9168)

1629 MARKET STREET MIXED-USE PROJECT - south side of Market Street between Brady and 12^th Streets; Lots 001, 007, 008, 027, 028, 029, 031, 031A, 032, 032A, 033, 033A, 034, and 035 in Assessor's Block 3505 - Public Hearing on the Draft Environmental Impact Report. The project would demolish the existing UA Local 38 building at 1621 Market Street and the majority of the Lesser Brothers Building, at 1629-1645 Market Street, rehabilitate the Civic Center Hotel at 1601 Market Street, and remove the existing on-site surface parking lots. The proposed project would construct five buildings including: a four-story, 58-foot-tall UA Local 38 building; a 10-story, 85-foot-tall addition to the Lesser Brothers Building; a 10-story, 85-foot-tall mixed-use residential building with ground-floor retail; a nine-story, 85-foot-tall mixed-use residential building with ground-floor retail; and a six-story, 68-foot-tall affordable housing building on Colton Street. The five-story, 55-foot-tall Civic Center Hotel would be rehabilitated to contain residential units and ground-floor retail. Up to 316 parking spaces would be provided in a two-level below-grade garage accessed from Stevenson and Brady Streets. The project would create a publicly-accessible Brady Open Space as well as a publicly-accessible mid-block passage from the open space to Market Street. Overall, the project would include approximately 498,100 square feet of residential use containing 477 units, an additional 107 affordable units in the Colton Street Affordable Housing Building, 32,800 square feet of open space, 27,300 square feet of union facility use, and 13,000 square feet of ground-floor retail/restaurant use. The project site is located in the NCT-3 (Moderate Scale Neighborhood Commercial Transit District) and P (Public) zoning districts and the OS, 40-X, and 85-X height and bulk districts. The project would require a height re-classification from 40-X to 68-X for the Colton Street Affordable Housing parcel and Conditional Use/Planned Unit Development authorization to permit development of a large lot and large non-residential use, and to provide exceptions for driveway width, rear yard, dwelling unit exposure, active street frontage, loading, and measurement of height.

Preliminary Recommendation: Review and Comment

NOTE: Written comments will be accepted at the Planning Department until 5:00 p.m. on June 26, 2017.

 

9.            2009.0159E                                                                                          (D. LIVIA: (415) 575-8758)

1500-1540 MARKET STREET (AKA ONE OAK STREET) PROJECT - north side of Market Street, bounded by Van Ness Avenue on the east and Oak Street on the north; Assessor's Block 0836, Lots 001, 002, 003, 004, 005 -  Certification of the Final Environmental Impact Report.  The proposed project would include the demolition of all existing features on the site, including a 3-story, 2,750 square foot commercial office building containing a limited restaurant (All Star Café), a 4-story, 48,225 square foot commercial office building and a 47-vehicle, surface, commercial parking lot; and the construction of a 40-story, 400-foot-tall residential tower (plus 20-foot parapet and 26-foot elevator penthouse) containing 310 Dwelling Units; 4,110 square feet of ground floor retail; 11,056 square feet of private, common and publicly-accessible open space; construction of a public (or "pedestrian") plaza and shared street on Oak Street, installation of wind canopies within the plaza and one canopy within the sidewalk on the southeast corner of Market and Polk Streets to reduce pedestrian-level winds, the enclosure of the existing MUNI elevator on the site, 370 bicycle parking spaces (310 Class 1, 60 Class 2) and up to 136 underground vehicle parking spaces.

Preliminary Recommendation: Certify the Final EIR

NOTE: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on January 10, 2017. Public comment will be received when the item is called during the hearing. However, comments submitted may not be included in the Final EIR.

 

10a.       2009.0159E                                                                                       (A. PERRY: (415) 575-9017)

1500-1540 MARKET STREET (AKA ONE OAK STREET) PROJECT - north side of Market Street, bounded by Van Ness Avenue on the east and Oak Street on the north; Lots 001, 002, 003, 004, 005 in Assessor's Block 0836. The proposal requests Planning Commission consideration of Adoption of CEQA Findings under the California Environmental Quality Act; for a Project that includes the demolition  of two existing structures including a 3-story, 2,750 square foot commercial office building containing a limited restaurant doing business as "All Star Café", a 4-story, 48,225 square foot commercial office building and a 47-car surface commercial parking lot; and the new construction of a 40-story, 400-foot-tall residential tower (plus 20-foot parapet and 26-foot elevator penthouse) containing approximately 304 Dwelling Units; approximately 4,110 square feet of ground floor retail, approximately 11,056 square feet of private, common and publicly-accessible open space; 366 bicycle parking spaces (304 Class 1, 62 Class 2) and up to 136 underground parking spaces.

Preliminary Recommendation: Adopt CEQA Findings

 

10b.       2009.0159K                                                                                       (A. PERRY: (415) 575-9017)

1500-1540 MARKET STREET (AKA ONE OAK STREET) PROJECT - north side of Market Street, bounded by Van Ness Avenue on the east and Oak Street on the north; Lots 001, 002, 003, 004, 005 in Assessor's Block 0836. The proposal requests Planning Commission consideration of a 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 includes the demolition  of two existing structures including a 3-story, 2,750 square foot commercial office building containing a limited restaurant doing business as "All Star Café", a 4-story, 48,225 square foot commercial office building and a 47-car surface commercial parking lot; and the new construction of a 40-story, 400-foot-tall residential tower (plus 20-foot parapet and 26-foot elevator penthouse) containing approximately 304 Dwelling Units; approximately 4,110 square feet of ground floor retail, approximately 11,056 square feet of private, common and publicly-accessible open space; 366 bicycle parking spaces (304 Class 1, 62 Class 2) and up to 136 underground parking spaces. These actions constitute the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Adopt Shadow Findings

 

10c.        2009.0159GPA                                                                                  (A. PERRY: (415) 575-9017)

1500-1540 MARKET STREET (AKA ONE OAK STREET) PROJECT - north side of Market Street, bounded by Van Ness Avenue on the east and Oak Street on the north; Lots 001, 002, 003, 004, 005 in Assessor's Block 0836. General Plan Amendment that revises the height designation for  668 square feet of Assessor's Block 0836, Lot 001 from  400' tower/120' podium to 120' and 668 square feet of Block 0836, Lot 005 from 120' to 400' tower/120' podium on Map 3 of the Market and Octavia Area Plan; and the height designation from 150-S to 120-R-2 for 668 square feet of Lot 001 and from 120-F to 120/400-R-2 for 668 square feet of Lot 005, on Map 5 of the Downtown Area Plan. The Project includes the demolition  of two existing structures including a 3-story, 2,750 square foot commercial office building containing a limited restaurant doing business as "All Star Café", a 4-story, 48,225 square foot commercial office building and a 47-car surface commercial parking lot; and the new construction of a 40-story, 400-foot-tall residential tower (plus 20-foot parapet and 26-foot elevator penthouse) containing approximately 304 Dwelling Units; approximately 4,110 square feet of ground floor retail, approximately 11,056 square feet of private, common and publicly-accessible open space; 366 bicycle parking spaces (304 Class 1, 62 Class 2) and up to 136 underground parking spaces.

Preliminary Recommendation: Adopt a Recommendation for Approval

 

10d.       2009.0159MAP                                                                                 (A. PERRY: (415) 575-9017)

1500-1540 MARKET STREET (AKA ONE OAK STREET) PROJECT - north side of Market Street, bounded by Van Ness Avenue on the east and Oak Street on the north; Lots 001, 002, 003, 004, 005 in Assessor's Block 0836. Zoning Map Amendment to Sheet HT07 of the San Francisco Planning Code to reclassify the height and bulk of the a portion of  Block 0836, Lot 001 from 120/400-R-2 to 120-R-2, and Block 0836, Lot 005 from 120-R-2 to 120/400-R-2. The Project includes the demolition  of two existing structures including a 3-story, 2,750 square foot commercial office building containing a limited restaurant doing business as "All Star Café", a 4-story, 48,225 square foot commercial office building and a 47-car surface commercial parking lot; and the new construction of a 40-story, 400-foot-tall residential tower (plus 20-foot parapet and 26-foot elevator penthouse) containing approximately 304 Dwelling Units; approximately 4,110 square feet of ground floor retail, approximately 11,056 square feet of private, common and publicly-accessible open space; 366 bicycle parking spaces (304 Class 1, 62 Class 2) and up to 136 underground parking spaces.

Preliminary Recommendation: Adopt a Recommendation for Approval

 

10e.       2009.0159DNX                                                                                 (A. PERRY: (415) 575-9017)

1500-1540 MARKET STREET (AKA ONE OAK STREET) PROJECT - north side of Market Street, bounded by Van Ness Avenue on the east and Oak Street on the north; Lots 001, 002, 003, 004, 005 in Assessor's Block 0836. The proposal requests Planning Commission consideration of a Downtown Project Authorization pursuant to Planning Code Section 309, with exceptions to the requirements for "Reduction of Ground-Level Wind Currents in C-3 Districts" (Section 148) and Lot Coverage (Section 249.33, 134). The Project includes the demolition  of two existing structures including a 3-story, 2,750 square foot commercial office building containing a limited restaurant doing business as "All Star Café", a 4-story, 48,225 square foot commercial office building and a 47-car surface commercial parking lot; and the new construction of a 40-story, 400-foot-tall residential tower (plus 20-foot parapet and 26-foot elevator penthouse) containing approximately 304 Dwelling Units; approximately 4,110 square feet of ground floor retail, approximately 11,056 square feet of private, common and publicly-accessible open space; 366 bicycle parking spaces (304 Class 1, 62 Class 2) and up to 136 underground parking spaces. Preliminary Recommendation: Approve with Conditions

 

10f.        2009.0159CUA                                                                                 (A. PERRY: (415) 575-9017)

1500-1540 MARKET STREET (AKA ONE OAK STREET) PROJECT - north side of Market Street, bounded by Van Ness Avenue on the east and Oak Street on the north; Lots 001, 002, 003, 004, 005 in Assessor's Block 0836. The proposal requests Planning Commission consideration of a Conditional Use Authorization to provide a parking ratio of up to 0.45 parking spaces per dwelling unit (Section 151). The Project includes the demolition  of two existing structures including a 3-story, 2,750 square foot commercial office building containing a limited restaurant doing business as "All Star Café", a 4-story, 48,225 square foot commercial office building and a 47-car surface commercial parking lot; and the new construction of a 40-story, 400-foot-tall residential tower (plus 20-foot parapet and 26-foot elevator penthouse) containing approximately 304 Dwelling Units; approximately 4,110 square feet of ground floor retail, approximately 11,056 square feet of private, common and publicly-accessible open space; 366 bicycle parking spaces (304 Class 1, 62 Class 2) and up to 136 underground parking spaces.

Preliminary Recommendation: Approve with Conditions

 

10g.       2009.0159VAR                                                                                  (A. PERRY: (415) 575-9017)

1500-1540 MARKET STREET (AKA ONE OAK STREET) PROJECT - north side of Market Street, bounded by Van Ness Avenue on the east and Oak Street on the north; Lots 001, 002, 003, 004, 005 in Assessor's Block 0836. The proposal requests Zoning Administrator consideration of Variance requests from Dwelling Unit Exposure requirements (Section 140) and Active Frontages (Section 145), and Elevator Height Exemption Waiver pursuant to Section 260(b)(1)(B). The Project includes the demolition of two existing structures including a 3-story, 2,750 square foot commercial office building containing a limited restaurant doing business as "All Star Café", a 4-story, 48,225 square foot commercial office building and a 47-car surface commercial parking lot; and the new construction of a 40-story, 400-foot-tall residential tower (plus 20-foot parapet and 26-foot elevator penthouse) containing approximately 304 Dwelling Units; approximately 4,110 square feet of ground floor retail, approximately 11,056 square feet of private, common and publicly-accessible open space; 366 bicycle parking spaces (304 Class 1, 62 Class 2) and up to 136 underground parking spaces.

 

11a.       2013.1037C                                                                                          (C. MAY: (415) 575-9087)

650 DIVISADERO STREET - southeast corner of Divisadero and Grove Streets; Lot 002B in Assessor's Block 1202 (District 5) - Request for Conditional Use Authorization pursuant to Planning Code Sections 121.1, 271, 303, 746.10 and 746.11 to permit the development of a 6-story mixed-use building containing 66 residential dwelling units above 26 ground floor parking spaces and 3,528 square feet of commercial uses within the Divisadero Street Neighborhood Commercial Transit (NCT) District, the Fringe Financial Services Restricted Use District and 65-A 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 Hearing of April 6, 2017)

 

11b.       2013.1037V                                                                                          (C. MAY: (415) 575-9087)

650 DIVISADERO STREET - southeast corner of Divisadero and Grove Streets; Lot 002B in Assessor's Block 1202 (District 5) - Request for Rear Yard Modification pursuant to Planning Code Section 134 to permit the development of a 6-story mixed-use building containing 66 residential dwelling units above 26 ground floor parking spaces and 3,528 square feet of commercial uses within the Divisadero Street Neighborhood Commercial Transit (NCT) District, the Fringe Financial Services Restricted Use District and 65-A Height and Bulk District.

(Continued from Regular Meeting of April 6, 2017)

 

F.                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.

 

12.          2014-000599DRM                                                                           (L. AJELLO: (415) 575-9142)

1228 FUNSTON AVENUE - east side between Lincoln Way and Irving Street, Lot 039 in Assessor's Block 1738, (District 5) Staff-Initiated Discretionary Review, pursuant to Planning Code Section 311(c)(1), of Building Permit Application No. 2014.02.06.7948, proposing to legalize alterations completed without permit, including demolition of a 20' by 25' detached building located in the rear yard, a three-story horizontal addition, deck and spiral stair at the rear of the house and front façade/window changes to a three-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 San Francisco Administrative Code Section 31.04(h).

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and Approve with Modifications

 

13a.       2016-010343DRP                                                                          (S. JIMENEZ: (415) 575-9187)

2523 STEINER STREET - west side of Steiner Street between Jackson Street and Pacific Avenue; Lot 001A in Assessor's Block 0586 (District 2) - Request for Discretionary Review of Building Permit Application No. 2016.08.08.4423, proposing to construct a rear horizontal addition on the third and fourth floors and a front horizontal addition on the fourth floor of the existing four-story, single family residence 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: Full Discretionary Review

Preliminary Recommendation: Do not take Discretionary Review and Approve

 

13b.       2016-010343VAR                                                                         (S. JIMENEZ: (415) 575-9187)

               2523 STEINER STREET - west side of Steiner Street between Jackson Street and Pacific Avenue; Lot 001A in Assessor's Block 0586 (District 2) - Request for Variance from rear yard requirements of Section 134. Specifically, the subject property is required to maintain a rear yard of 15 feet. Currently, the existing building encroaches entirely into the required rear yard to the rear property line at the ground and second floors. The proposed rear horizontal addition at the third and fourth floors would encroach approximately 9 feet 6 inches into the required rear yard at the third level and 6 feet 6 inches at the fourth level. The site is within a RH-1 (Residential-House, One Family) Zoning District and 40-X Height and Bulk District.

 

14.          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 June 1, 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).

                             

 

 

15.          2015-003686DRP-07                                                                                                (N. TRAN: (415) 575-9174)

437 HOFFMAN AVENUE - east side of Hoffman Avenue, between 24^th and 25^th Streets, Lot 024 in Assessor's Block 6503 (District 8) - Request for Discretionary Review of Building Permit Application No. 2014.04.11.3029, proposing to construct additions to the existing single-family residence and increase the dwelling count from one to two units. The project includes extensive interior remodeling and exterior changes such as lifting the building to install a two car garage, front porch, entry stairs and rear terraces 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: Full Discretionary Review

Preliminary Recommendation: Do not take Discretionary Review and Approve

 

            5:00 p.m.

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

 

16.          2013.1383ENV-02                                                                         (J. HORNER: (415) 575-9023)

3516-26 FOLSOM STREET - west side of Folsom Street between Chapman Street and Bernal Heights Boulevard; Block 5626, Lots 013, 014 (District 9) - Appeal of Preliminary Mitigated Negative Declaration for proposal that would construct two single-family residences on two of the vacant lots along the west side of the unimproved portion of Folsom Street, construct of the connecting segment of Folsom Street to provide vehicle and pedestrian access to the project site, and would construct a stairway between Folsom Street and Bernal Heights Boulevard. Each residence would be 2,230 sf and would include  two off-street parking spaces. The project site is located in a RH-1 (Residential, House, One-Family) Zoning District, Bernal Heights Special Use District and 40-X Height and Bulk District.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration 

 

17a.       2013.1383DRP-10                                                                            (R. SUCRE: (415) 575-9108)

3516 FOLSOM STREET - west side of Folsom Street between Bernal Heights Boulevard and Chapman Street; Lot 013 in Assessor's Block 5626 (District 9) - Request for Discretionary Review of Building Permit Application No. 2013.12.16.4322, proposing new construction of a two-and-one-half-story, single-family residence with a roof deck within a RH-1 (Residential, House, One-Family) Zoning District, Bernal Heights Special Use District and 40-X Height and Bulk District.

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

NOTE: On March 31, 2016, after hearing and closing public comment, the Commission Continued the matter to May 5, 2016 by a vote of +5 -0 (Johnson, Wu absent).

On May 5, 2016, after hearing and closing public comment, the Commission Did NOT Take DR and Approved the project by a vote of +6 -0 (Johnson absent).

Subsequently, the Environmental Review Officer rescinded the Categorical Exemption dated March 26, 2014.

On October 13, 2016, after hearing and closing public comment, the Commission Did NOT Take DR and Approved the project by a vote of +7 -0.

Subsequently, the Environmental Review Officer rescinded the Categorical Exemption dated July 8, 2016.

On April 26, 2017, the Environmental Planning Division issued a Mitigated Negative Declaration for the project, for which, the Appeal was scheduled for June 15, 2017.

 

17b.       2013.1768DRP-09                                                                            (R. SUCRE: (415) 575-9108)

3526 FOLSOM STREET - west side of Folsom Street between Bernal Heights Boulevard and Chapman Street; Lot 014 in Assessor's Block 5626 (District 9) - Request for Discretionary Review of Building Permit Application No. 2013.12.16.4318, proposing new construction of a two-and-one-half-story, single-family residence with a roof deck within a RH-1 (Residential, House, One-Family) Zoning District, Bernal Heights Special Use District and 40-X Height and Bulk District.

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

NOTE: On March 31, 2016, after hearing and closing public comment, the Commission Continued the matter to May 5, 2016 by a vote of +5 -0 (Johnson, Wu absent).

On May 5, 2016, after hearing and closing public comment, the Commission Did NOT Take DR and Approved the project by a vote of +6 -0 (Johnson absent).

Subsequently, the Environmental Review Officer rescinded the Categorical Exemption dated March 26, 2014.

On October 13, 2016, after hearing and closing public comment, the Commission Did NOT Take DR and Approved the project by a vote of +7 -0.

Subsequently, the Environmental Review Officer rescinded the Categorical Exemption dated July 8, 2016.

On April 26, 2017, the Environmental Planning Division issued a Mitigated Negative Declaration for the project, for which, the Appeal was scheduled for June 15, 2017.

 

G.               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.