October 17, 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.

 

1.                   2013.0361C                                                                                                             (S. LAI: (415) 575-9087)

1409 SUTTER STREET - south side between Gough and Franklin Streets; Lot 025-028 in Assessor’s Block 0689 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 712.55 and 790.46, to establish a new 10-room tourist hotel (d.b.a. Leader House) at the third and fourth floor within an existing four-story commercial building where the last known legal use was a private club. A new principally permitted restaurant will occupy the ground and second floor. The project site is located within a NC-3 (Neighborhood Commercial, Moderate-Scale) Zoning District, and 130-E 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

(Proposed for Continuance to November 7, 2013)

 

2.                   2011.0499C                                                                                                    (O. MASRY: (415) 575-9116)

2395 26^th AVENUE - at the northwest corner of Taraval Street and 26^th Avenue, Lot 008A in Assessor’s Block 2355 - Request for Conditional Use Authorization under Planning Code Sections 741.83 and 303 for a macro wireless telecommunications services (WTS) facility operated by AT&T Mobility.  The proposed macro WTS facility would consist of six panel antennas housed within faux roof-mounted vent pipes. Related electronic equipment would be placed on the rooftop, and within an existing parking garage. The facility is proposed on a Location Preference 6 Site (Limited Preference) within the Taraval Street Neighborhood Commercial Zoning District, Taraval Street Restaurant Subdistrict, and 65-A 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

(Proposed for Continuance to November 14, 2013)

 

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

 

                3.             2011.0123E                                                                                                       (S. SMITH: (415) 558-6373)

PENINSULA PIPELINES SEISMIC UPGRADE PROJECT - Certification of the Final Environmental Impact Report - The San Francisco Public Utilities Commission (SFPUC) is proposing the Peninsula Pipelines Seismic Upgrade (PPSU) project. The project would improve the seismic reliability of SFPUC’s potable water transmission pipelines through replacement and stabilization of segments of the San Andreas Pipeline No. 2, San Andreas Pipeline No. 3, and Sunset Supply Branch Pipeline. The project would be located on the San Francisco Peninsula at five separate sites in San Mateo County, Colma, South San Francisco, San Bruno, and Millbrae.

Preliminary Recommendation: Certify the Environmental Impact Report

 

4.                   2013.0984C                                                                                                    (O. MASRY: (415) 575-9116)

1635 DIVISADERO STREET - at the northwest corner of Divisadero and Post Streets, Lot 034 in Assessor’s Block 1076 - Request for Conditional Use Authorization under Planning Code Sections 712.83 and 303 for a wireless telecommunications services (WTS) facility operated by AT&T Mobility.  The proposed macro WTS facility would consist of (16) panel antennas mounted to the walls of an existing rooftop penthouse, and related electronic equipment on the roof. The facility is proposed on a Location Preference 4 Site (Commercial Structure, Medical Office Building) within a NC-3 (Neighborhood Commercial, Moderate Scale) Zoning, and 65-A 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

 

5.                   2012.1515C                                                                                                    (O. MASRY: (415) 575-9116)

888 BRANNAN STREET -  along the west side of Brannan Street between 7^th and 8^th streets, Lot 006, in Assessor’s Block 3780 - Request for Conditional Use Authorization under Planning Code Sections 303 and 843.93, for a wireless telecommunications services (WTS) facility operated by T-Mobile.  The proposal would involve the removal of an existing WTS facility, with a single panel antenna, and construction of a macro WTS facility, which would consist of six panel antennas and related electronic equipment. Antennas would be mounted to the walls of existing rooftop structures at three locations. Antennas would be flush mounted and painted to match the building. Electronic equipment would be roof mounted and screened from view.  The facility is proposed at a Location Preference 2 Site (Colocation Site) within an Urban Mixed-Use Zoning, and 68-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

 

C.         COMMISSION MATTERS

 

6.             Consideration of Adoption:

·         Draft Minutes for October 3, 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.

 

 

 

 

7.             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

 

8.             Director’s Announcements

               

9.             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 

 

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 October 3, 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).

 

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.