October 3, 2013

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.

 

B.         CONSENT CALENDAR

 

All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and will 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

 

1.                   2013.0637C                                                                                                        (C. NOEL: (415) 575-9125)

33 CAMBON DRIVE - east side between Castelo and Cardenas Avenue; Lot 001 in Assessor’s Block 7324 - Request for Conditional Use Authorization under Planning Code Sections 303 and 713.61 to change an existing retail use to an Auto Rental use (d.b.a. Enterprise Rent-A-Car), all within a Neighborhood Commercial Shopping Center District and 40-X Height and Bulk District.

                                Preliminary Recommendation: Approve with Conditions

 

2.                   2013.1107Q                                                                                           (C. LAMORENA: (415) 575-9085)

360 LILY STREET - north side of Lily Street between Buchanan and Laguna Streets; Lot 036 in Assessor’s Block 0840 – Request for Condominium Conversion Subdivision to convert a three-story, five-unit building into residential condominiums within a RTO (Residential Transit Oriented) Zoning District and 40-X Height and Bulk District.

Preliminary Recommendation: Approve

 

C.         COMMISSION MATTERS

 

3.             Consideration of Adoption:

·         Draft Minutes for September 19, 2013 Special Joint Meeting; and

·         Draft Minutes for September 19, 2013 Regular Meeting

 

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.

 

 

 

 

 

4.             Commission Comments/Questions

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

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

 

D.         DEPARTMENT MATTERS

 

5.             Director’s Announcements

               

6.             Review of Past Week’s 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.  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.

 

F.            REGULAR CALENDAR 

 

7a.          2012.0799BX                                                                                                    (R. SUCRE: (415) 575-9108)

270 BRANNAN STREET -, located between 2^nd and Delancey Streets, Lot 026 in Assessor’s Block 3774 – Request for a Large Project Authorization, pursuant to Planning Code Sections 329, for the new construction of a seven-story, office building (approximately 189,000 gsf) with an internal atrium (approximately 5,000 sq ft), twelve (12) off-street parking spaces and thirty-six (36) bicycle parking spaces. Under the Large Project Authorization, the project is seeking modifications from the Planning Code requirements for the measurement of height (Planning Code Section 102.12(c) and 260) and ground floor ceiling height (Planning Code Section 145.1(c)(4)). The subject property is located within the South End Landmark District, MUO (Mixed-Use Office) Zoning District, and 65-X Height and Bulk District.

                  Preliminary Recommendation: Approve with Conditions

(Continued from Regular Meeting of September 19, 2013)

 

7b.            2012.0799BX                                                                                                     (R. SUCRE: 415/575-9108)

270 BRANNAN STREET - located between 2^nd and Delancey Streets, Lot 026 in Assessor’s Block 3788 – Request for an Office Development Authorization under Planning Code Sections 321 and 842.66 to construct approximately 189,000 gsf of office space within the South End Landmark District, MUO (Mixed-Use Office) Zoning District, and 65-X Height and Bulk District.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve with Conditions

(Continued from Regular Meeting of September 19, 2013)

 

8a.          2013.0063CET                                                                                                    (K. GUY:  (415) 558-6163)

 555 FULTON STREET - south side between Laguna and Octavia Streets, Lots 015 and 028 of Assessor’s Block 0794 - Request to 1) Extend the approval term of a previously-approved Conditional Use Authorization to allow development on a lot exceeding 10,000 square feet, to allow a commercial use size exceeding 3,000 square feet, to allow development above the 40-foot base height limit up to 50 feet, to allow additional off-street accessory parking for commercial uses, 2) Approve a Planned Unit Development, with specific modifications of Planning Code regulations regarding rear yard, usable open space, dwelling unit exposure, curb cut locations, and vehicular entry width, and 3) Adopt the Final Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program. The Project Site is located within the Hayes-Gough NCT District, the Residential Transit-Oriented District, 40-50-X Height and Bulk District, and the Fulton Street Grocery Store Special Use District. The proposal is to demolish an existing office/industrial building and construct a new five-story mixed-use building containing approximately 139 dwelling units, 29,200 square feet of ground floor commercial uses, and 148 off-street parking spaces. The Planning Commission approved a similar development proposal for the site on May 13, 2010 (Case No. 2005.1085C). The current proposal requests an extension of the term of the previous entitlements, and also includes minor revisions to the design and program of uses that were previously approved.

Preliminary Recommendation: Approve with Conditions

 

8b.          2013.0063CET                                                                                                    (K. GUY:  (415) 558-6163)

555 FULTON STREET - south side between Laguna and Octavia Streets, Lots 015 and 028 of Assessor’s Block 0794 - Request for a Planning Code Text Amendment to allow formula retail uses within the Fulton Street Grocery Store Special Use District (Section 249.35A) with Conditional Use Authorization. Formula retail uses are currently prohibited within the Hayes-Gough NCT District. The Amendment also proposes to extend the term of the Fulton Street Grocery Store Special Use District (SUD) for an additional five years. This SUD expired on April 3, 2013.

Preliminary Recommendation: Adopt a Recommendation for Approval

 

9a.          2013.0890CEV                                                                                                    (K. GUY:  (415) 558-6163)

1601 LARKIN STREET - northwest corner at Clay Street, Lot 006 of Assessor's Block 0620:  Request for Conditional Use Authorization to allow development exceeding 40 feet in height within an 'R' District, and to grant an exception to bulk requirements, within a RM-3 (Residential, Mixed, Medium Density) District, and 65-A Height and Bulk District, and adoption of findings under the California Environmental Quality Act. The proposed project is to demolish an existing vacant church and surface parking lot and construct a new 5-story over basement building containing 27 dwelling units and 32 off-street parking spaces.

Preliminary Recommendation: Approve with Conditions

 

9b.          2013.0890CEV                                                                                                    (K. GUY:  (415) 558-6163)

1601 LARKIN STREET - northwest corner at Clay Street, Lot 006 of Assessor's Block 0620 -  Request for Variance from the requirements of Planning Code Section 134 (Rear Yard), Section 135 (Usable Open Space), and Section 140 (Dwelling Unit Exposure), within a RM-3 (Residential, Mixed, Medium Density) District, and 65-A Height and Bulk District. The proposed project is to demolish an existing vacant church and surface parking lot and construct a new 5-story over basement building containing 27 dwelling units and 32 off-street parking spaces. The Zoning Administrator will consider the Variance request concurrently with the Planning Commission's consideration of the Conditional Use Authorization at this same hearing.

 

10.          2011.0544C                                                                                                    (O. MASRY: (415) 575-9116)

1700 UNION STREET - at the northwest corner of Union and Gough Street, Lot 002A in Assessor’s Block 0529 - Request for Conditional Use Authorization under Planning Code Sections 725.83 and 303 for a wireless telecommunications services (WTS) facility operated by AT&T Mobility.  The proposed macro WTS facility would consist of three panel antennas and related electronic equipment. Two antennas would be façade mounted and screened with a fiberglass panel painted to match the building. The third antenna would be housed in a faux roof vent. Electronic equipment would be roof mounted and screened from view.  The facility is proposed at a Location Preference 6 Site (Individual Neighborhood Commercial District) within the Union Street Neighborhood Commercial Zoning, and 40-X Height and Bulk Districts.   This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve with Conditions

(Continued from Regular Meeting of September 19, 2013)

NOTE: On September 19, 2013, following public hearing and closing public comment, the Commission indicated their concern regarding the proposed design and continued the matter to October 3, 2013, by a vote (+7 -0).

 

11.          2013.0703D                                                                                                   (O. MASRY: (415) 575-9116)

58 DIGBY STREET -  at the northeast corner of Digby and Everson streets; Lot 009 in Assessor’s Block 7540 - Request for Discretionary Review of Building Permit Application No. 2013.05.07.6233, proposing to demonstrate compliance with a notice of violation (NOV No. 201281191) by modifying a portion of a roof-mounted multi-antenna system, via removal of those antennas not deemed exempt from the issuance of building permits (per Federal Communications Commission Over The Air Receiving Device [FCC OTARD] rules). Subject site is a single family dwelling within a RH-1 (Residential, House, One Family) Zoning District and 40-X Height and Bulk District.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Abbreviated Discretionary Review

Preliminary Recommendation: Do Not take Discretionary Review and Approve

 

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.        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.

 

 

 

 

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
EIR Certification	E	30 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.

 

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.