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SAN FRANCISCO
PLANNING COMMISSION
Notice of Hearing
&
Agenda
Commission Chambers, Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
Thursday, July 25, 2013
12:00 p.m.
Regular Meeting
Commissioners:
Rodney Fong, President
Cindy Wu, Vice President
Michael Antonini, Gwyneth Borden, Rich Hillis, Kathrin Moore, Hisashi Sugaya
Acting Commission Secretary:
Jonas P. Ionin
Hearing Materials are available at:
Website: http://www.sfplanning.org
Planning Department, 1650 Mission Street, 4th Floor, Suite 400
Planning Information Center, 1660 Mission Street, 1st Floor
Voice recorded Agenda only: (415) 558-6422
Commission Hearing Broadcasts:
Live stream: http://www.sfgovtv.org
Live, Thursdays at 12:00 p.m., Cable Channel 78
Re-broadcast, Fridays at 8:00 p.m., Cable Channel 26
Disability and language accommodations available upon request to:
commissions.secretary@sfgov.org or (415) 558-6309 at least 48 hours in advance.
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. Presentation by Staff;
2. Presentation by the Project Sponsor’s Team (which includes: the sponsor, representative, legal counsel, architect, engineer, expeditor and/or any other advisor) for a period not to exceed fifteen (15) minutes, at the discretion of the Chair;
3. Public testimony from supporters of the Project not to exceed three (3) minutes, at the discretion of the Chair;
4. Presentation by Organized Opposition recognized by the Commission President through written request prior to the hearing for a period not to exceed fifteen (15) minutes, at the discretion of the Chair;
5. Public testimony from opponents of the Project not to exceed three (3) minutes, at the discretion of the Chair;
6. Staff follow-up and/or conclusions;
7. Public comment portion of the hearing shall be closed and deliberation amongst the Commissioners shall be opened by the Chair;
8. 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. Presentation by Staff;
2. Presentation by the DR Requestor(s), not to exceed five (5) minutes per Requestor, at the discretion of the Chair;
3. Public testimony from opponents of the Project not to exceed three (3) minutes, at the discretion of the Chair;
4. Presentation by the Project Sponsor for a period of five (5) minutes not to exceed fifteen (15) minutes, whenever there are multiple DR requests, at the discretion of the Chair;
5. Public testimony from supporters of the Project not to exceed three (3) minutes, at the discretion of the Chair;
6. Rebuttal by the DR Requestor(s), not to exceed two (2) minutes per Requestor, at the discretion of the Chair;
7. Rebuttal by the Project Sponsor, not to exceed two (2) minutes, at the discretion of the Chair;
8. Staff follow-up and/or conclusions;
9. Public comment portion of the hearing shall be closed and deliberation amongst the Commissioners shall be opened by the Chair;
10. A motion to Not Take DR and approve the Project as proposed; or to Take DR and approve the Project with conditions, with amendments and/or modifications; or to Take DR and disapprove; or continue to another hearing date, if seconded, shall be voted on by the Commission.
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.
Know Your Rights Under the Sunshine Ordinance
Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.
Members of the public are not required to provide personal identifying information when they communicate with the Commission or the Department. All written or oral communications, including submitted personal contact information, may be made available to the public for inspection and copying upon request and may appear on the Department’s website or in other public documents.
For more information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact the Sunshine Ordinance Task Force at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 409; phone (415) 554-7724; fax (415) 554-7854; or e-mail at sotf@sfgov.org.
Copies of the Sunshine Ordinance can be obtained from the Clerk of the Sunshine Task Force, the San Francisco Library and on the City’s website at www.sfbos.org/sunshine.
San Francisco Lobbyist Ordinance
Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign and Governmental Conduct Code Section 21.00-2.160] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 25 Van Ness Avenue, Suite 220, San Francisco, CA 94102; phone (415) 252-3100; fax (415) 252-3112; and online http://www.sfgov.org/ethics.
Accessible Meeting Information
Commission hearings are held in Room 400 at City Hall, 1 Dr. Carlton B. Goodlett Place in San Francisco. City Hall is open to the public Monday through Friday from 8:00 a.m. to 8:00 p.m. and is accessible to persons using wheelchairs and other assistive mobility devices. Ramps are available at the Grove, Van Ness and McAllister entrances. The wheelchair lift at the Polk Street entrance is currently under repair.
Transit: The nearest accessible BART station is Civic Center. Accessible MUNI Metro lines are the F, J, K, L, M, N, T (exit at Civic Center or Van Ness stations). MUNI bus routes also serving the area are the 5, 6, 9, 19, 21, 47, 49, 71, and 71L. For more information regarding MUNI accessible services, call (415) 701-4485 or call 311.
Parking: Accessible parking is available at the Civic Center Underground Parking Garage (McAllister and Polk), and at the Performing Arts Parking Garage (Grove and Franklin). Accessible curbside parking spaces are located all around City Hall.
Disability Accommodations: To request assistive listening devices, sign language interpreters, readers, large print agendas or other accommodations, please contact the Commission Secretary at (415) 558-6309, or commissions.secretary@sfgov.org at least 48 hours in advance of the hearing.
Language Assistance: To request an interpreter for a specific case during the hearing, please contact the Commission Secretary at (415) 558-6309, or commissions.secretary@sfgov.org at least 48 hours in advance of the hearing.
SPANISH:
Agenda para la Comisión de Preservación de Edificios y Lugares Históricos (Historic Preservation Commission). Si desea asistir a la audiencia, y quisiera obtener información en Español o solicitar un aparato para asistencia auditiva, llame al 415-558-6309. Por favor llame por lo menos 48 horas de anticipación a la audiencia.
CHINESE:
歷史保護委員會議程。聽證會上如需要語言協助或要求輔助設備，請致電415-558-6309。請在聽證會舉行之前的至少48個小時提出要求。
TAGALOG:
Adyenda ng Komisyon para sa Pangangalaga ng Kasaysayan (Historic Preservation Commission Agenda). Para sa tulong sa lengguwahe o para humiling ng Pantulong na Kagamitan para sa Pagdinig (headset), mangyari lamang na tumawag sa 415-558-6309. Mangyaring tumawag nang maaga (kung maaari ay 48 oras) bago sa araw ng Pagdinig.
RUSSIAN:
Повестка дня Комиссии по защите памятников истории. За помощью переводчика или за вспомогательным слуховым устройством на время слушаний обращайтесь по номеру 415-558-6309. Запросы должны делаться минимум за 48 часов до начала слушания.
Allergies: In order to assist the City in accommodating persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, please refrain from wearing scented products (e.g. perfume and scented lotions) to Commission hearings.
ROLL CALL:
President: Rodney Fong
Vice-President: Cindy Wu
Commissioners: Michael J. Antonini; Gwyneth Borden; Rich Hillis;
Kathrin Moore; Hisashi Sugaya
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. 2013.0530C (S. LAI: (41) 575-9087)
1301 VAN NESS STREET - west side, between Fern and Sutter Streets, Lot 002 in Assessor’s Block 0671 - Request for Conditional Use Authorization under Planning Code Sections 209.8, 303 and 703.3, and 703.4, to expand an existing formula retail establishment (d.b.a. BevMo!), exceeding 6,000 gross square feet, within a RC-4 (Residential-Commercial Combined, Medium Density) District, the Van Ness SUD (Special Use District) and 130-V Height and Bulk District.
Preliminary Recommendation: Pending
(Proposed for Continuance to August 8, 2013)
B. COMMISSION MATTERS
2. Consideration of Adoption:
· Draft Minutes for July 11, 2013
Adoption of Commission Minutes – Charter Section 4.104 requires all commissioners to vote yes or no on all matters unless that commissioner is excused by a vote of the Commission. Commissioners may not be automatically excluded from a vote on the minutes because they did not attend the meeting.
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 Week’s 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. However, for items where public comment is closed this is your opportunity to address the Commission. With respect to all other 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
6. (S. EXLINE: (415) 558-6332)
INVEST IN NEIGHBORHOODS INFORMATIONAL PRESENTATION - Planning staff and staff from the Office of Economic and Workforce Development will provide an informational presentation to the Planning Commission on the Invest in Neighborhoods Program and how our offices are working to implement this program.
7. 2013.0936U (S. HAYWARD: (415) 558-6372)
FORMULA RETAIL CONTROLS: RECOMMENDATION TO THE BOARD OF SUPERVISORS That the issue of formula retail be studied further to increase understanding of the issue – Information about current proposals that address formula retail across various zoning districts, as well as a history of existing controls in San Francisco, identification of topics for additional study, and a preliminary outline for future amendments to the formula retail controls to better maintain both a diverse array of available goods and services and the unique character of San Francisco’s neighborhoods, including Neighborhood Commercial Districts, downtown districts, and industrial areas.
Preliminary Recommendation: Adopt a Recommendation that the issue of formula retail be further studied
8. 2013.0852TZ (A. STARR: (415) 558-6362)
AMENDMENTS TO THE PLANNING CODE AND ZONING MAP TO ESTABLISH THE THIRD STREET FORMULA RETAIL RESTRICTED USE DISTRICT [BOARD FILE NO. 13-0372] - Ordinance amending the Planning Code to create the Third Street Formula Retail Restricted Use District; amend Zoning Map Sheet SU10 of the City and County of San Francisco for property located on Third Street between Williams Avenue and Egbert Avenue; and making findings, including environmental findings pursuant to the California Environmental Quality Act, findings of consistency with General Plan and the Priority Policies of Planning Code Section 101.1.
Preliminary Recommendation: Approve with Modifications
9. 2012.0395D (S. YOUNG: (415) 558-6346)
2529 - 2533 POST STREET - south side of Post Street between Baker and Lyon Streets; Lots 049 - 051 in Assessor’s Block 1081 –Discretionary Review of Building Permit Application No. 2012.03.27.6976 proposing the removal and replacement of existing decks and exit stairs at the rear of the three-story, three-family dwelling within a RH-3 (Residential, House, Three-Family) Zoning District and 40-X Height and Bulk District.
Staff Analysis: Abbreviated Discretionary Review
Preliminary Recommendation: Do Not Take Discretionary Review and Approve
F. 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 Materials
Materials submitted to the Planning Commission prior to a scheduled hearing will become part of the public record only when the materials are also provided to the Commission Secretary and/or Project Planner. Correspondence may be emailed directly to the Commission Secretary at: commissions.secretary@sfgov.org.
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.
Advance Submissions: To allow Commissioners the opportunity to review material in advance of a hearing, materials must be received by the Planning Department reception 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) copies.
Day-of Submissions: Material related to a calendared item may be distributed at the hearing. Please provide ten (10) copies for distribution.
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
|
B
|
15 calendar days
|
Board of Appeals**
|
|
Conditional Use Authorization and Planned Unit Development
|
C
|
30 calendar days
|
Board of Supervisors
|
|
Building Permit Application (Discretionary Review)
|
D
|
15 calendar days
|
Board of Appeals
|
|
CEQA Determination - EIR
|
E
|
20 calendar days
|
Board of Supervisors
|
|
Coastal Zone Permit
|
P
|
15 calendar days
|
Board of Appeals
|
|
Planning Code Amendments by Application
|
T
|
30 calendar days
|
Board of Supervisors
|
|
Variance (Zoning Administrator action)
|
V
|
10 calendar days
|
Board of Appeals
|
|
Permit Review in C-3 Districts, Downtown Residential Districts and Large Project Authorization in Eastern Neighborhoods
|
X
|
15 calendar days
|
Board of Appeals
|
|
Zoning Map Change by Application
|
Z
|
30 calendar days
|
Board of Supervisors
|
* Appeals of Planning Commission decisions on Building Permit Applications (Discretionary Review) must be made within 15 days of the date the building permit is issued/denied by the Department of Building Inspection (not from the date of the Planning Commission hearing). Appeals of Zoning Administrator decisions on Variances must be made within 10 days from the issuance of the decision letter.
**An appeal of a Certificate of Appropriateness or Permit to Alter/Demolish may be made to the Board of Supervisors if the project requires Board of Supervisors approval or if the project is associated with a Conditional Use Authorization appeal. An appeal of an Office Allocation may be made to the Board of Supervisors if the project requires a Conditional Use Authorization.
For more information regarding the Board of Appeals process, please contact the Board of Appeals at (415) 575-6880. For more information regarding the Board of Supervisors process, please contact the Clerk of the Board of Supervisors at (415) 554-5184 or board.of.supervisors@sfgov.org.
Challenges: Pursuant to Government Code Section 65009, if you challenge, in court, (1) the adoption or amendment of a general plan, (2) the adoption or amendment of a zoning ordinance, (3) the adoption or amendment of any regulation attached to a specific plan, (4) the adoption, amendment or modification of a development agreement, or (5) the approval of a variance, conditional-use authorization, or any permit, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission, at, or prior to, the public hearing.
