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.          2017-004721CUA                                                                               (D. WEISSGLASS: (415) 575-9177)

452 OAK STREET – north side of Oak Street between Buchanan and Laguna Streets; Lot 011 in Assessor’s Block 0830 (District 5)  Request for Conditional Use Authorization, pursuant to Planning Code Sections 207 and 209.4, to allow the subdivision of a through lot with frontages on Oak Street and Hickory Street causing the existing structure on the newly-created lot fronting on Oak Street to exceed the dwelling unit density limits within a RTO (Residential Transit Oriented) 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

(Proposed for Continuance to October 26, 2017)

 

1b.         2017-004721VAR                                                                               (D. WEISSGLASS: (415) 575-9177)

452 OAK STREET - north side of Oak Street between Buchanan and Laguna Streets; Lot 011 in Assessor’s Block 0830 (District 5) - Request for Variance, pursuant to Planning Code Sections 134 and 140, to allow a subdivision of a through lot with frontages on Oak Street and Hickory Street causing the existing structure on the newly-created lot fronting on Oak Street to lose compliance with rear yard requirements exposure requirements for 6 of the building’s 12 units. The subject property is within a RTO (Residential Transit Oriented) Zoning District and 40-X Height and Bulk District.

(Proposed for Continuance to October 26, 2017)

 

2.            2015-018150CUA                                                              (M. CHRISTENSEN: (415) 575-8742)

1 ARDATH COURT - east side of Ingalls Street, north of Hudson Court, Lot 008 of Assessor’s Block 4712 (District 10) - Request for a modification to a Planned Unit Development-Conditional Use Authorization, pursuant to Planning Code Sections 209.1, 303 and 304, with specific modifications to Planning Code requirements related to rear yard (Planning Code Section 134), to construct a new 5,659 square foot recreation center for residents of the Northridge Cooperative Homes. 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

(Continued from Regular Meeting of August 24, 2017)

(Proposed for Continuance to November 2, 2017)

 

 

3.            2016-012108DRP                                                                                (C. MAY: (415) 575-9087)

583 47^TH AVENUE - west side of 47^th Avenue between Geary Boulevard and Anza Street; Lot 016E in Assessor’s Block 1497 (District 1) - Request for Discretionary Review of Building Permit Application No. 2015.10.22.0473, proposing to construct a one-story 425-square foot vertical addition above the existing two-story dwelling, a roof deck above the proposed new 3rd floor as well as front and rear roof decks above the 2nd floor within a RH-1 (Residential House, One-Family) 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: Pending

(Proposed for Continuance to December 7, 2017)

 

4.            2017-008461CUA                                                                               (D. WEISSGLASS: (415) 575-9177)

2358 FILLMORE STREET - southeast corner of Fillmore and Washington Streets; Lot 022 in Assessor’s Block 0612 (District 2) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 718 to allow the establishment of a Liquor Store (dba “Verve Wine”) in a ground floor retail space in a 2-story commercial building in the Upper Fillmore Neighborhood Commercial 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: Pending

(Proposed for Continuance to December 7, 2017)

 

5.            2015-005788CUA                                                                               (D. WEISSGLASS: (415) 575-9177)

372 7^TH AVENUE - east side of 7^th Avenue, between Clement Street and Geary Boulevard; Lot 023 in Assessor’s Block 1438 (District 1) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 712 to legalize a Massage Establishment use that is operating as accessory to an existing Medical Service use (dba “Tian Yun Clinic”) at the ground floor of a 3-story mixed-use building in a NC-3 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) of the San Francisco Administrative Code.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of March 10, 2016)

(Proposed for Indefinite Continuance)

 

B.         CONSENT CALENDAR

 

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

 

6.                2016-006393CUA                                                                       (E. JARDINES: (415) 575-9144)

175 BAYSHORE BOULEVARD - east side of Bayshore Boulevard between Jerrold and Oakdale Avenues, Lot 008 in Assessor’s Block 5559 (District 10) - Request for Conditional Use Authorization pursuant to Planning Code Sections 249.65 and 303 to demolish an existing one-story plumbing supply storage building and storage shed structure as well as to construct a new one-story automotive repair building (DBA Alioto’s Garage) within a PDR-2 (Core Production, Distribution, and Repair) District, the Bayshore Home Improvement Special Use District and 65-J 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

 

C.         COMMISSION MATTERS

 

7.            Consideration of Adoption:

·       Draft Minutes of October 5, 2017 – Joint Hearing

·       Draft Minutes for October 5, 2017 – Regular Hearing

 

8.            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

 

9.            Director’s Announcements

 

10.          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.

 

11.             2017-010365PCA                                                                             (A. STARR (415) 558-6362)

CANNABIS REGULATION [BOARD FILE NO. 171041] - Planning Code Amendment introduced by Mayor Lee to [1] establish a local regulatory framework for the cultivation, sale, and use of adult use cannabis consistent with 2016’s Proposition 64 (The Adult Use of Marijuana Act), and [2] update regulations relating to Medical Cannabis Dispensaries (MCDs) including regulations on  allowed locations and conversions; 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 making a finding of public necessity, convenience, and welfare pursuant to Planning Code Section 302.

Preliminary Recommendation: Approve

 

12.             2015-000988PCA-03                                                                (P. PETERSON: (415) 575-9163)

MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT AND THE 24^TH STREET – MISSION NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT - pursuant to Planning Code Section 302, the Planning Commission will consider Planning Code Amendments to revise the controls in the Mission Street Neighborhood Commercial Transit District (Mission NCT) to remove Administrative Services as permitted use, to limit the merging of lots, and to allow certain Production, Distribution, and Repair uses, and to revise the controls in the 24th Street – Mission Neighborhood Commercial Transit District to allow certain Production, Distribution, and Repair uses. Planning Code sections proposed for amendment include Sections 754, 763, and 121.7.

Preliminary Recommendation: Approve with Modifications

(Continued from Regular Meeting of September 14, 2017)

 

13.             2016-012474MAP                                                                       (E. JARDINES: 415-575-9144)

118-134 KISSLING STREET - located on the north side of Kissling Street between 11^th and 12^th Streets, Assessor’s Block 3516, Lots 039, 040, 041, and 042 -  Request to Initiate a Zoning Map Amendment, pursuant to Planning Code Sections 302 and 306, to amend San Francisco Zoning Map Sheet No.ZN07 to rezone Block No. 3516 and Lots Nos. 039 (118-120 Kissling Street), 040 (124 Kissling Street), 041 (130 Kissling Street), and 042 (134 Kissling Street) from RED (Residential Enclave) to RED-MX (Residential Enclave-Mixed). The subject property is currently located within the RED (Residential Enclave) Zoning District, Western SoMa Special Use District, and a 40-X Height and Bulk District.

Preliminary Recommendation: Approve with Conditions

 

14.                                                                                                              (D. SOKOLOVE: (415) 575-9046)

2017 TRANSPORTATION SECTOR CLIMATE ACTION STRATEGY – Informational Presentation providing an overview of the 2017 Transportation Sector Climate Action Strategy, which has been authored by the SFMTA and its city partners, including the Planning Department. The Strategy provides the framework for the reduction of emissions and transformation of the transportation sector necessary to realize San Francisco’s mid-century climate goals. The Strategy is scheduled for presentation and action at the SFMTA Board of Directors in December 2017.

Preliminary Recommendation: None - Informational

 

15.          2017-006854OTH                                                                  (W. WIETGREFE: (415) 575-9050)

TRANSPORTATION DEMAND MANAGEMENT (TDM) PLAN – request for Endorsement, the TDM plan is a work program comprised of strategies to support sustainable travel options for existing and future residents, tenants, employees and visitors. Four San Francisco agencies will implement this TDM work program. Planning’s lead responsibilities primarily address land use development, which includes implementing the recently adopted Planning Code section 169: TDM Ordinance.   

Preliminary Recommendation:  Adopt a Resolution Endorsing the Plan

 

16.          2014-002541ENV                                                                                     (M. LI: (415) 575-9107)

INDIA BASIN MIXED-USE PROJECT (700 INNES AVENUE, 900 INNES AVENUE, INDIA BASIN OPEN SPACE, AND INDIA BASIN SHORELINE PARK) - located on the east side of Innes Avenue between Hunters Point Boulevard and Earl Street, Assessor's Blocks/Lots 4644/ 001-018, 004, 004A, 005, 005S, 006, 006A, 007, 008, 009, 010, 010A, 010B, 010C, 011; 4631/001, 002; 4620/001, 002; 4607/024, 025; 4596/026; 4597/026; 4606/026, 100; 4621/016, 018, 021, 100, 101; 4630/002, 005, 007, 100; 4645/001, 003A, 004, 006, 007, 007A, 010, 010A, 011, 012, 013; 4629A/010, 011; 4646/001-003, 003A, 019, 020; 4629A/003-006, 012, 013; 4622/007, 008, 012, 013, 016-019; 4605/010-019; and 4645/014, 015 - Public Hearing on the Draft Environmental Impact Report. Through a public-private partnership between the San Francisco Recreation and Park Department and the privately owned real estate development company BUILD, the proposed project would redevelop approximately 39 acres located along the India Basin shoreline into an integrated network of new public parks, wetlands habitat, and a mixed-use urban village. The mixed-use urban village would include two options: (1) a residentially-oriented project with approximately 1,240 dwelling units, 275,330 square feet of commercial space, 50,000 square feet of institutional space, and 1,800 parking spaces; or (2) a commercially-oriented project with approximately 500 dwelling units, 1,000,000 square feet of commercial space, 50,000 square feet of institutional space, and 1,932 parking spaces. The project site is located within M-1 (Light Industrial), M-2 (Heavy Industrial), NC-2 (Small-Scale Neighborhood Commercial), and P (Public Use) Zoning Districts and 40-X and OS (Open Space) Height and Bulk Districts.

NOTE: Written comments will be accepted at the Planning Department until 5:00 p.m. on October 30, 2017.

Preliminary Recommendation: Review and Comment

 

17.             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 – Certification of the Final 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 open space at the northeast corner of Brady and Colton Streets as well as a publicly-accessible mid-block passage from the open space to Market Street. Overall, the project would include approximately 455,900 square feet of residential use containing 484 units, an additional 100 affordable units in the Colton Street Affordable Housing Building, 33,500 square feet of open space, 32,100 square feet of union facility use, and 13,000 square feet of ground-floor retail/restaurant use. The project site is located in a NCT-3 (Moderate Scale Neighborhood Commercial Transit District) and P (Public) Zoning Districts and OS (Open Space), 40-X, and 85-X Height and Bulk Districts.

NOTE: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on June 26, 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.

Preliminary Recommendation: Certify

 

18a.          2015-005848ENV      (L. AJELLO HOAGLAND: (415) 575-6823; R. SUCRE: (415) 575-9108)

1601-1645 Market street (aka 1629 Market Street Mixed-Use Project) - located on the south side of Market Street between 12^th and Brady Streets; Assessor’s Block 3505 Lots 001, 007, 008, 027, 028, 029, 031, 031A, 032, 032A, 033, 033A, 034 and 035 (District 6) - Request for Adoption of Findings and a Statement of Overriding Considerations under the California Environmental Quality Act (CEQA) for the 1629 Market Street Mixed-Use Project.  The 1629 Market Street Mixed-Use Project would demolish the existing UA Local 38 building, demolish the majority of the Lesser Brothers Building, rehabilitate the Civic Center Hotel and construct five new buildings, including a 10-story addition to the Lesser Brothers Building, a new four-story union hall, a new 10-story residential building, a new nine-story residential building, and the six-story Colton Street Affordable Housing building. Overall, the Project would include construction of 455,900 square feet of residential use that would contain up to 484 residential units and up to 100 affordable units, for a total of up to 584 units. In addition, the Project would include 32,100 square feet of union facility use, 13,000 square feet of ground-floor retail/restaurant use, and 33,500 square feet of publicly-accessible and residential open space. As part of the Project, the Project Sponsor would develop a new privately-owned publicly-accessible open space at the northeast corner of Brady and Colton Streets. The project site is currently located within a NCT-3 (Neighborhood Commercial Transit, Moderate Scale) and P (Public) Zoning Districts, and OS (Open Space), 40-X and 85-X Height and Bulk Districts.

Preliminary Recommendation: Adopt Findings and Statement of Overriding Considerations under the California Environmental Quality Act.

 

18b.         2015-005848GPA     (L. AJELLO HOAGLAND: (415) 575-6823; R. SUCRE: (415) 575-9108)

1629 Market Street Mixed-Use Project - Request to Adopt a Recommendation of Approval of the General Plan Amendments for the Ordinance introduced by the Planning Commission to amend Map No. 1, Map No. 3 and Policy 7.2.5 of the Market & Octavia Area Plan for the 1629 Market Street Mixed-Use Project & Special Use District. On September 14, 2017, the Planning Commission recommended initiation of the aforementioned General Plan Amendments, per Planning Commission Resolution No. 19994.  On October 19, 2017, the Planning Commission will consider the aforementioned General Plan Amendments pursuant to Planning Code Section 340.  The proposed amendments will be before the Planning Commission so that it may recommend adoption, rejection, or adoption with modifications to the Board of Supervisors, and adopt findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. 

Preliminary Recommendation: Adopt a Resolution Recommending Approval

 

18c.          2015-005848PCAMAP (L. AJELLO HOAGLAND: (415) 575-6823; R. SUCRE: (415) 575-9108)

1629 Market Street Mixed-Use Project [Board File No. 170938]  - Planning Code and Zoning Map Amendments introduced by Mayor Edwin Lee and Supervisor Jane Kim to: establish the 1629 Market Street Special Use District (SUD); amend Zoning Use District Map No. ZN07 to realign the zoning districts to the parcel configuration of the Project amend Height and Bulk District No. HT07 to realign the height and bulk districts to the parcel configuration of the Project and increase the height and bulk district of Block 3505 Lots 027 and 028 from 40-X to 68-X; and, amend Special Use District Map No. SU07. These amendments would support the 1629 Market Street Mixed-Use Project. In short, the 1629 Market Street SUD would modify the Planning Code requirements for useable open space and bulk controls along narrow streets and alleys. The proposed amendments will be before the Planning Commission so that it may recommend adoption, rejection, or adoption with modifications to the Board of Supervisors.

Preliminary Recommendation: Approve

 

18d.         2015-005848DVA     (L. AJELLO HOAGLAND: (415) 575-6823; R. SUCRE: (415) 575-9108)

1629 Market Street Mixed-Use Project - located on the south side of Market Street between 12th and Brady Streets; Assessor’s Block 3505 Lots 001, 007, 008, 027, 028, 029, 031, 031A, 032, 032A, 033, 033A, 034 and 035 (District 6) - Request to Adopt a Recommendation of Approval of a Development Agreement between the City and County of San Francisco and “Strada Brady, LLC” in association with the 1629 Market Street Mixed-Use Project. The proposed Development Agreement will address open space and affordable housing. The 1629 Market Street Mixed-Use Project would demolish the existing UA Local 38 building, demolish the majority of the Lesser Brothers Building, rehabilitate the Civic Center Hotel and construct five new buildings, including a 10-story addition to the Lesser Brothers Building, a new four-story union hall, a new 10-story residential building, a new nine-story residential building, and the six-story Colton Street Affordable Housing building. Overall, the Project would include construction of 455,900 square feet of residential use that would contain up to 484 residential units and up to 100 affordable units, for a total of up to 584 units. In addition, the Project would include 32,100 square feet of union facility use, 13,000 square feet of ground-floor retail/restaurant use, and 33,500 square feet of publicly-accessible and residential open space. As part of the Project, the Project Sponsor would develop a new privately-owned publicly-accessible open space at the northeast corner of Brady and Colton Streets.  Pursuant to San Francisco Administrative Code Section 56.4(c), the Director of Planning has received and accepted a complete application for the amendment of the above-mentioned development agreement which is available for review by the public at the Planning Department in Planning Department Case File No. 2015-005848DVA.

Preliminary Recommendation: Recommend Approval to Board of Supervisors

 

18e.          2015-005848CUA                                                     (L. AJELLO HOAGLAND: (415) 575-6823)

1629 Market Street Mixed-Use Project - located on the south side of Market Street between 12th and Brady Streets; Assessor’s Block 3505 Lots 001, 007, 008, 027, 028, 029, 031, 031A, 032, 032A, 033, 033A, 034 and 035 (District 6) - Request for Conditional Use Authorization and Planned Unit Development (PUD), pursuant to Planning Code Section 121.1, 121.2, 207.6, 303, 304 and 752, for: 1) development on a lot larger than 10,000 square feet; 2) modification of the dwelling unit mix requirement; and, 3) establishment of a non-residential use larger than 4,000 square feet in the NCT-3 Zoning District, for the 1629 Market Street Mixed-Use Project. The 1629 Market Street Mixed-Use Project would demolish the existing UA Local 38 building, demolish the majority of the Lesser Brothers Building, rehabilitate the Civic Center Hotel and construct five new buildings, including a 10-story addition to the Lesser Brothers Building, a new four-story union hall, a new 10-story residential building, a new nine-story residential building, and the six-story Colton Street Affordable Housing building. Overall, the Project would include construction of 455,900 square feet of residential use that would contain up to 484 residential units and up to 100 affordable units, for a total of up to 584 units. In addition, the Project would include 32,100 square feet of union facility use, 13,000 square feet of ground-floor retail/restaurant use, and 33,500 square feet of publicly-accessible and residential open space. As part of the Project, the Project Sponsor would develop a new privately-owned publicly-accessible open space at the northeast corner of Brady and Colton Streets.  Under the PUD, the Commission must also grant modifications from the Planning Code requirements for: 1) rear yard (Planning Code Section 134); 2) permitted obstructions (Planning Code Section 136); 3) dwelling unit exposure (Planning Code Section 140); 4) street frontage (Planning Code Section 145.1); 5) off-street loading (Planning Code Section 152); and, 6) measurement of height (Planning Code Section 260). The project site is currently located within a NCT-3 (Neighborhood Commercial Transit, Moderate Scale) and P (Public) Zoning Districts, and OS (Open Space), 40-X and 85-X Height and Bulk Districts.

Preliminary Recommendation:  Approve with Conditions

 

19a.          2013.0975SHD                                                                                 (R. SUCRÉ: (415) 575-9108)

888 TENNESSEE STREET - located on the northwest corner of Tennessee & 20^th Streets, Lot 001 in Assessor’s Block 4060 (District 10) - Request for Adoption of Findings, pursuant to Planning Code Section 295, regarding the shadow study that concluded the new construction of a four-story, 45-ft tall, mixed-use building with up to 110 dwelling units would not be adverse to the use of Espirit Park, which is under the jurisdiction of the San Francisco Recreation and Park Commission. The subject property is located within the Dogpatch Landmark District, UMU (Urban Mixed-Use Zoning District) and a 45-X Height and Bulk District.

Preliminary Recommendation:  Adopt Findings

(Continued from Regular Meeting of September 7, 2017)

 

19b.         2013.0975ENX                                                                                  (R. SUCRE: (415) 575-9108)

888 TENNESSEE STREET - located on the northwest corner of Tennessee & 20^th Streets, Lot 001 in Assessor’s Block 4060 (District 10) - Request for a Large Project Authorization (LPA), pursuant to Planning Code Section 329, to demolish the existing two-story industrial building and construct a new four-story (45-feet tall) mixed-use building (measuring approximately 88,100 sq ft) with 110 dwelling units, 5,472 square feet of ground floor commercial use, 83 off-street parking spaces, and public and private open space. Under the LPA, the project is requesting exceptions to the Planning Code requirements for rear yard (Planning Code Section 134), permitted obstructions (Planning Code Section 136), dwelling unit exposure (Planning Code Section 140), street frontage (Planning Code Section 145.1), off-street loading (Planning Code Section 152.1), and measurement of height (Planning Code Section 260). The project site is located within the Dogpatch Landmark District, UMU (Urban Mixed-Use) Zoning District and 45-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 September 7, 2017)

 

20a.       2017-005881PCA                                                           (C. ASBAGH: (415) 575-9165)

FORMULA RETAIL GROCERY STORE IN FULTON STREET GROCERY STORE SPECIAL USE DISTRICT; AMENDMENTS TO PLANNG CODE SECTION 249.35A [BOARD FILE 170514] - Planning Code Amendment to allow a grocery store that may be defined as a formula retail use in the Fulton Street Grocery Store Special Use District, and adding criteria for approval; extending the duration of the controls; and making environmental findings, findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1, and findings of public necessity, convenience, and welfare under Planning Code, Section 302.

Preliminary Recommendation: Approve

(Continued from Regular Meeting of August 31, 2017)

 

20b.       2017-005881CUA                                                                                 (C. ASBAGH: (415) 575-9165)

555 FULTON STREET - southeast corner of Fulton and Laguna Street; Lot 058 in Assessor’s Block 0794 (District 5) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303(c), 303.1, 703.4, and 249.35A to establish a formula retail sales and services establishment (d.b.a. New Seasons Market) as would be permitted under Planning Code Amendments proposed under Board File No. 170514. The project is located within a RTO (Residential Transit Oriented) and Hayes Valley NCT (Neighborhood Commercial Transit) Zoning Districts and 40-X/50-X Height and Bulk District, and the Fulton Street Grocery Store Special Use 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 August 31, 2017)

 

21.          2017-006067CUA                                                                 (D. WEISSGLASS: (415) 575-9177)

711 VAN NESS AVENUE - northwest corner of Van Ness Avenue and Turk Street; Lot 203 in Assessor’s Block 0743 (District 5) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.3, 303, and 303.1, to allow the establishment of a Formula Retail pharmacy store (dba “CVS Pharmacy”) within a RC-4 Zoning District the Van Ness Special Use District and 130-V Height and Bulk District, as well as to allow a non-residential use size greater than 5,999 square feet. 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

 

22a.       2016-003836CUA                                                                            (L. AJELLO: (415) 575-9142)

114 LYON STREET - east side of Lyon Street between Oak and Page Streets; Lot 020 in Assessor’s Block 1220 (District 5) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 317 to legalize the merger of four dwelling units into two dwelling units. The proposed project would legalize the merger of four dwelling units into a 3,096 sq. ft. dwelling and a 341 sq. ft. studio unit behind the garage in a four-story residential building.  The subject property is within a RH-3 (Residential, House, Three-Family) Zoning District and 40-X Height and Bulk District. The Project is defined as not a project under the California Environmental Quality Act Guidelines (“CEQA”) Sections 15378 and 15060(c)(2) because it does not result in a physical change in the environment.

Preliminary Recommendation:  Disapprove

 

 

 

22b.         2016-0003836VAR                                                                          (L. AJELLO: (415) 575-9142)

114 LYON STREET - east side of Lyon Street between Oak and Page Streets; Lot 020 in Assessor’s Block 1220 (District 5) - Request for Variance, pursuant to Planning Code Section 134(c), to legalize the construction of a deck and stair located the rear yard of the 4-story four-unit residential building. The subject property is within a RH-3 (Residential, House, Three-Family) Zoning District and 40-X Height and Bulk District.

 

23.             2014.1183CUA                                                                                     (C. MAY: (415) 575-9087)

2444 LOMBARD STREET - north side of Lombard Street between Divisadero and Scott Streets and east side of Divisadero Street between Lombard and Chestnut Streets, Lot 014 in Assessor’s Block 0936 (District 2) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 121.1, 303 and 304, to allow a Planned Unit Development (PUD) for the demolition of the existing one-story commercial building and the construction of a four-story mixed-use building with 41 dwelling units above approximately 2,500 square feet of ground floor retail space and 41 off-street parking spaces within a NC-3 (Neighborhood Commercial, Moderate Scale) Zoning District and 40-X Height and Bulk District. The PUD process would allow for modifications to the rear yard and dwelling unit exposure requirements of Planning Code Sections 134 and 140. 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

 

24.          2017-004801CUA                                                                             (N. TRAN:  (415) 575-9174)

4046 26^th STREET - north side of 26^th Street, between Noe and Sanchez Streets; lot 012 in Assessor’s Block 6553 (District 8)   - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 317 to merge two dwelling units within an existing two-story, two-family residential building into one ~1,900 square foot three-bedroom, two-bathroom dwelling unit. The project would merge a ~730 square foot one bedroom, one-bathroom dwelling unit at the first floor with an ~1,170 square foot, two-bedroom, one-bathroom dwelling unit at the second floor within a RH-2 (Residential-House, Two Family) Zoning District and 40-X Height and Bulk District.

Preliminary Recommendation:  Disapprove

 

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.

 

25.             2016-011777DRP-02                                                                 (E. JARDINES: (415) 575-9144)

100 GATES STREET - between Eugenia and Powhattan Avenues, Lot 001 in Assessor’s Block 5650 (District 9) - Request for Discretionary Review of Building Permit Application No. 2016.0805.4359, proposing a vertical addition, rear addition and interior remodel of a two-story single-family residence within a RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District. The proposed work also includes interior alterations as well as exterior alterations: new façade, roof deck, window replacements and new siding; the building is located. 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

 

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.