ROLL CALL:                                                                     

                                         President:                              Rich Hillis                                                                                    Vice-President:                     Dennis Richards

                                         Commissioners:                    Rodney Fong; Christine Johnson; Joel Koppel,

                                                                                          Myrna Melgar, Kathrin Moore

 

 

A.               CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

 

The Commission will consider a request for continuance to a later date.  The Commission may choose to continue the item to the date proposed below, to continue the item to another date, or to hear the item on this calendar.

 

1.            2015-008252DRP                                                   (E. GORDON-JONCKHEER: (415) 575-8728

89 ROOSEVELET WAY - south side of Roosevelt Way at Buena Vista Terrace; Lot 077 in Assessor’s Block 2612 (District 8) - Request for Discretionary Review of Building Permit Application No. 2016.09.19.8061, proposing the vertical addition of a mezzanine level with roof decks to an existing 3-story building within a RM-1 (Residential-Mixed, Low Density) 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:  Pending

(Proposed for Continuance to November 16, 2017)

 

B.         COMMISSION MATTERS

 

2.            Consideration of Adoption:

·       Draft Minutes for October 12, 2017

 

3.            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

 

4.            Director’s Announcements

 

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

              

6.            Report on potential re-scheduling of Discretionary Review hearings for the following properties: 1824 Jennings Street; 1083 Hollister Avenue; 1395 Shafter Avenue; 1290 Shafter Avenue; 1351 Revere Avenue; 38 Carr Street; 1050 Gilman Avenue; 1656 Newcomb Avenue; 1187 Palou Avenue.  The Planning Commission previously continued the hearings for most of these properties to December 21, 2017.  Planning Department staff would re-notice the hearings for these properties to an earlier Planning Commission hearing date of November 16, 2017, and would provide public notice of this new date as required by the Planning Code.

 

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.            2014-001400ENX                                                                    (E. SAMONSKY: (415) 575-9112)

               2750 19^TH STREET - located at the northeast corner of Bryant and 19^th Streets, Lot 004A in Assessor’s Block 4023 (District 10) - Request for a Large Project Authorization, pursuant to Planning Code Section 329, for the demolition of an existing industrial building, with the exception of the brick facade, and new construction of a six-story, 68-foot tall, mixed-use building (measuring approximately 74,446 square feet) with 60 dwelling units, approximately 7,471 square feet ground floor retail, 45 below-grade off-street parking spaces, one car-share parking space, 84 Class 1 bicycle parking spaces, and 13 Class 2 bicycle parking spaces. The Project includes 4,800 square feet of common open space roof deck. Under the LPA, the project is seeking an exception to certain Planning Code requirements, including: 1) rear yard (Planning Code Section 134); 2) dwelling unit exposure (Planning Code Section 140); 3) street frontage (Planning Code Section 145.1). The project site is located within the UMU (Urban Mixed-Use) and 68-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Approve with Conditions

 

8a.          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 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

(Continued from Regular Meeting of October 19, 2017)

 

 

8b.         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.

(Continued from Regular Meeting of October 19, 2017)

 

9a.          2016-002089CUA                                                                        (E. JACKSON: (415) 558-6363)

379-383 UPPER TERRACE - west side of Upper Terrace near the top of Mt. Olympus, Lots 081-083 in Assessor’s Block 2629A (District 8) - Request for Conditional Use Authorization to infill the space beneath the existing two-story structure containing three dwelling units to create a fourth dwelling unit pursuant to Planning Code Sections 209.1, 249.77, and 303. The proposed project also includes the construction of a new roof deck, the reduction of the carport to add stair access to the roof deck, a new rear balcony, and the addition of a new ADU on the 3^rd level in an existing storage space. The subject property is located within a RH-3 (Residential House, Three-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Approve with Conditions

 

9b.         2016-002089VAR                                                                        (E. JACKSON: (415) 558-6363)

379-383 UPPER TERRACE - west side of Upper Terrace near the top of Mt. Olympus, Lots 081-083 in Assessor’s Block 2629A (District 8) - Request for Variance, pursuant to Planning Code Sections 134 and 140, to infill the space beneath the existing two-story structure containing three dwelling units, construction a new roof deck, construction of a new rear balcony, and addition of a new ADU on the 3^rd level in an existing storage space. The subject property is located within an RH-3 (Residential House, Three-Family) Zoning District and 40-X Height and Bulk District.

 

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.

 

10.          2016-005171DRP-04                                                                     (B. BENDIX: (415) 558-9114)

2921 VALLEJO STREET  - between Baker Street and Lyon Street, Lot 020 in Assessor’s Block 0957 (District 2) - Requests for Discretionary Review of Building Permit Application No. 2016.04.12.4605, proposing new construction of a five-story 7,065 square foot single-family home on a vacant lot within a RH-1(D) (Residential, House, One-Family, Detached Dwellings) 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

 

11.          2016-013942DRM                                                             (M. CHRISTENSEN: (415) 575-8742)

5 LELAND AVENUE - south side of Leland Avenue, between Bayshore Boulevard and Desmond Street; Lot 001 in Assessor’s Block 6249 (District 10) - Request for Mandatory Discretionary Review of an application for a change of use from retail to a Medical Cannabis Dispensary (MCD) at the ground story, within a NC-3 (Neighborhood Commercial - Moderate Scale) Zoning District and 55-X Height and Bulk District. The MCD is proposed for on-site sales with no on-site cultivation or production. The associated Building Permit Application 2016.1214.4950 is for change of use and both interior and exterior alterations. 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 Analysis

Preliminary Recommendation: Take Discretionary Review and Approve with Conditions

(Continued from Regular Meeting of September 14, 2017)

 

12.          2016-000119DRM                                                             (M. CHRISTENSEN: (415) 575-8742)

3015 SAN BRUNO AVENUE - east side of San Bruno Avenue, between Paul and Olmstead Streets; Lot 016 in Assessor’s Block 5467 (District 9) - Request for a Mandatory Discretionary Review of an application for a change of use from acupuncture office to a Medical Cannabis Dispensary (MCD) at the ground story, within a NC-2 (Neighborhood Commercial - Small Scale) Zoning District and 40-X Height and Bulk District. The proposed MCD (d.b.a SBA Wellness) will be approximately 1,644 square feet in total at the ground level with a partial basement. No smoking or cultivation of cannabis is proposed on-site. The associated Building Permit Application 2016.07.28.3597 is for tenant improvements only. No exterior changes or expansions are proposed. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Staff Analysis: Full Analysis

Preliminary Recommendation: Take Discretionary Review and Approve with Conditions

               (Continued from Regular Meeting of January 5, 2017)

NOTE: On January 5, 2017, after hearing and closing public comment; Continued the matter to September 21, 2017 by a vote of +4 -1 (Koppel against; Hillis, Johnson absent).

The September 21, 2017 hearing was canceled. Through the Chair, the matter was continued to October 26, 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.