October 24, 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.             2013.0921C                                                                                                (D. SÁNCHEZ: (415) 575-9082)

350 8^TH STREET - northwest corner of 8^th and Harrison Streets, with frontage on Ringold and Gordon Streets, Lots 003 and 015 in Assessor's Block 3756 - Request for Conditional Use Authorization pursuant to Planning Code Section 303 to modify Conditions of Approval 20A and 20B of Motion 18766 to reduce the percentage of on-site affordable units from 15% of dwelling units (62 affordable dwelling units) to 12% of dwelling units  (49 affordable dwelling units) pursuant to Proposition C.   The project is located in the WMUG (Western SoMa Mixed Use – General) Zoning District, the Western SOMA Special Use District and 55/65-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

(Proposed for Continuance to November 7, 2013)

 

2.             2013.1166T                                                                                              (S. HAYWARD: (415) 558-6372)

AMENDMENT TO THE PLANNING CODE SECTIONS 303(I) (FORMULA RETAIL USES) 703.3 (NEIGHBORHOOD COMMERCIAL DISTRICTS: FORMULA RETAIL USES) [BOARD FILE NO. 130788] - Ordinance introduced by Supervisor Mar to expand the definition of formula retail to include businesses that have eleven or more other outlets worldwide, and to included businesses 50% or more owned by formula retail businesses; expand the notification procedures for formula retail applications; require an economic impact report as part of the formula retail conditional use application; and adopting findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.

Preliminary Recommendation: Pending

(Proposed for Continuance to January 23, 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.          2013.1195Q                                                                                           (C. LAMORENA: (415) 575-9085)

17 ASHBURY STREET - southwest corner at Fulton Street; Lot 001 in Assessor’s Block 1188 - Request for Condominium Conversion Subdivision to convert a three-story over garage, six-unit building into residential condominiums within a RH-3 (Residential, House, Three-Family) Zoning District and 40-X Height and Bulk District.

Preliminary Recommendation: Approve

 

4.          2013.1225Q                                                                                           (C. LAMORENA: (415) 575-9085)

400 OAK STREET - northwest corner at Laguna Street; Lot 005 in Assessor’s Block 0830 – Request for Condominium Conversion Subdivision to convert a three-story over garage, six-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

 

5.             Consideration of Adoption:

·         Draft Minutes for October 10, 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.

 

6.             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

 

7.             Director’s Announcements

               

8.             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 

 

9.          2013.0134T                                                                                              (S. HAYWARD:  (415) 558-6372)

AMENDMENTS TO THE PLANNING CODE, INCLUDING SECTIONS 180 and 317 AND VARIOUS OTHER SECTIONS REGARDING THE CRITERIA FOR REVIEWING THE LOSS OF RESIDENTIAL UNITS [BOARD FILE 130041] - Ordinance introduced by Supervisor Avalos that was first considered by the Planning Commission on July 18, 2013, and was subsequently split into two separate ordinances and modified.  Recommendations made to Supervisor Avalos by the Planning Commission at the July hearing  are incorporated into the current draft Ordinance.    Specific topics for review by the Planning Commission at this time are: 1)  the criteria for reviewing the loss of residential units through demolition, conversion, and merger of units; 2) the presumption in favor of preserving dwelling units in enforcement of requirements for nonconforming uses and structures; and 3)  a prohibition on the demolition, merger, or conversion of dwelling units that have had a "no-fault" eviction, as defined in 37.9(a)(7)-(13) of the San Francisco Administrative Code, within the past ten years; and adopting findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.

Preliminary Recommendation: Adopt a Recommendation for Approval

NOTE:  Supervisor Avalos has stated his intent in writing to add language that would prohibit the loss of units that have been subject to no-fault evictions within the last ten years. This is a substantive modification that had not been considered by the Commission or the public prior to the July public hearing.  For that reason, the item will be considered again by the Planning Commission.

 

10.        2010.0222E                                                                                                       (K. ZUSHI: (415) 575-9036)

248-252 9^TH STREET - west side between Howard and Folsom Streets; Lots 006 and 007 of Assessor’s Block 3518 - Appeal of Preliminary Mitigated Negative Declaration for the merger of the two lots, totaling 5,000 square feet, on the project site, demolition of the existing buildings currently used as storage, and construction of a five-story, 55-foot-tall, 18,697-sf mixed-use building including 15 dwelling units and 2,858 square feet of ground floor restaurant space. The proposed project would include no parking spaces. The project site is located in a RCD (Regional Commercial District).

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

(Continued from Regular Meeting of September 19, 2013)

 

11a.      2013.0160CV                                                                                                        (J. LOOK: (415) 575-6812)

470 CASTRO STREET - west side of Castro Street between Market Street and 18^th Street; Lot 012 in Assessor’s Block 2647 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 715.21 to allow a use size (Non-Residential) over 4,000 sq. being operated by an Institution, Other Large as defined in Section 790.50 and is a neighborhood-serving non-profit (d.b.a. San Francisco AIDS Foundation). In addition, the Project is seeking an off-street parking and rear yard waiver. Project site is located within the Castro Street Neighborhood Commercial District and 40-X Height and Bulk District, with an additional 5 feet allowed for active ground floor uses.  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

 

 

11b.      2013.0160CV                                                                                                       (J. LOOK: (415) 575-6812)

470 CASTRO STREET - west side of Castro Street between Market Street and 18^th Street; Lot 012 in Assessor’s Block 2647 - Request for Variance, pursuant to Planning Code Sections 136 to extend the length of the 2^nd floor balcony on the front façade beyond the 15 foot requirement, and to not have a 1 foot separation from the interior lot line. The proposed balcony is 20 feet in length, extends 3 feet beyond the property line and has 11 feet 9 inches of headroom. The proposed balcony will replace an existing nonconforming balcony/fire escape that currently spans the entire building façade, which is 45 feet in length. The property is located within the Castro Street Neighborhood Commercial District, and 40-X Height and Bulk District.

 

12a.      2013.0226BC                                                                                                     (R. SUCRÉ: 415/575-9108)

665 3^RD STREET - located between Brannan and Townsend Streets, Lot 013 in Assessor’s Block 3788 - Request for an Office Development Authorization under Planning Code Section 321 to establish up to 123,700 gsf of office space within the South End Landmark District, SLI (Service/Light Industrial) 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

 

12b.      2013.0226BC                                                                                                      (R. SUCRÉ: 415/575-9108)

665 3^RD STREET - located between Brannan and Townsend Streets, Lot 013 in Assessor’s Block 3788 - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 303, 803.9(a), and 817.48, for a change in use of up to 123,700 gsf from printing use (PDR-Production, Distribution and Repair) to office use. The subject property is located within the South End Landmark District, SLI (Service/Light Industrial) Zoning District, and 65-X Height and Bulk District.

Preliminary Recommendation: Approve with Conditions

 

13.          2013.0592D                                                                                                    (R. SUCRÉ:  (415) 575-9108)

2207 25^TH STREET - located between De Haro and Rhode Island Streets, Lot 023 in Assessor’s Block 4282A - Request for Mandatory Discretionary Review, pursuant to Planning Code Sections 317 for the demolition and new construction of a single-family residence.  The project would demolish the front residence and construct a new, one-and-one-half-story, three-bedroom, single-family residence. The subject property is located within a RH-2 (Residential, House-Two-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.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

 

14.        2013.0126AD                                                                                               (M. WOODS: (415) 558-6315)

1164 FULTON STREET - north side between Scott and Pierce Streets; Lot 011 in Assessor’s Block 0777 - Mandatory Discretionary Review, pursuant to Planning Code Section 317, of Building Permit Application No. 2013.05.31.8304S, proposing to reconfigure the existing four-unit building to a two-unit building within a RH-3 (Residential, House, Three-Family) District and 40-X Height and Bulk District.  The site is also within the Alamo Square Historic 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:  Do not take Discretionary Review and Approve

 

15.          2013.0271D                                                                                                     (T. WANG: (415) 558-6335)

10 DE SOTO STREET - on the east side of De Soto Street between Holloway Avenue and Urbano Drive; Lot 013 in Assessor’s Block 6930 - Requests for Discretionary Review of Building Permit Application No. 2013.02.26.0954, proposing to construct a two-story rear addition to an existing two-story over basement, single-family dwelling within a RH-1(D) (Residential, House, One-Family, Detached) 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.