November 7, 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.

 

1a.          2013.0401C                                                                                                  (K. CONNER: (415) 575-6914)

875 AND 901 CALIFORNIA STREET - south side between Powell and Stockton Streets and at the southwest corner of the intersection of Powell and California Streets; Lot 017 in Assessor’s Block 0256 and Lot 001 in Assessor’s Block 0255 respectively - Request for Conditional Use Authorization, pursuant to Planning Code Sections 178, 303 and 304, to modify conditions of approval of a Planned Unit Development (PUD) located at 901 California Street (d.b.a Stanford Court Hotel) within the RM-4 (Residential, Mixed, High Density) Zoning District, the Nob Hill Special Use District, and 65-A and 320-E Height and Bulk District.  Motion 6241 permitted a hotel with incidental commercial uses and professional offices and conditioned that 100 parking spaces be provided within an existing garage located at 875 California Street, converting it entirely to parking for the hotel.  The Project Sponsor is asking for a modification under Planning Code Section 304 to reduce the parking provided for the hotel to seven spaces, providing it in the hotel’s existing porte cochere. A separate Conditional Use Authorization application, 2013.1130C, is being sought to reclassify the garage at 875 California Street as a community parking garage use.

(Continued from Regular Meeting of September 12, 2013)

(Proposed for Continuance to January 23, 2014)

1b.          2013.1130C                                                                                                   (K. CONNER: (415) 575-6914)

875 CALIFORNIA STREET - south side between Powell and Stockton Streets; Lot 017 in Assessor’s Block 0256 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.7 (a) and 303, to operate a community garage within the RM-4 (Residential, Mixed, High Density) Zoning District, the Nob Hill Special Use District, and 65-A Height and Bulk District.  The current use of the building is a garage associated with the Stanford Court Hotel. 

(Continued from Regular Meeting of September 12, 2013)

                (Proposed for Continuance to January 23, 2014)

 

2.             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

(Continued from Regular Meeting of October 24, 2013)

                WITHDRAWN

 

B.         CONSENT CALENDAR

 

All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and may 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.            2011.0544C                                                                                                    (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).

NOTE: On October 17, 2013, after adopting a Motion of Intent to Disapprove by a vote of +4 -3 (Borden, Sugaya, Fong against); the Commission continued the matter to November 7, 2013 by a vote of +5 -2 (Sugaya, Fong against).

 

4.             2013.0486C                                                                                                       (C. NOEL:  (415) 575-9125)

750 27^TH STREET - north side of 27^th Street between Diamond and Douglass Streets, Assessor's Block 6583, Lot 010 - Request for Conditional Use Authorization under Planning Code Sections 209.1(f) and 303.  The proposal would add a second dwelling unit at the ground level on a lot exceeding 6,000 Square Feet.  The proposal to convert a single-family dwelling to a two-family dwelling will not exceed the existing building envelope; the new unit will be created out of existing storage area and crawlspace. The project site is located 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.

Preliminary Recommendation: Approve with Conditions

 

 

 

5.             2013.1285C                                                                                               (P. LAVALLEY: (415) 575-9084)

1095 MARKET STREET - southeast corner of Market and 7^th Streets, Assessor's Block 3703, Lot 059 - Request for an amendment to the conditions of approval for a previously approved Conditional Use Authorization under Planning Code Sections 216(b) and 303.  The proposal would extend the performance period for an additional three years for a previously approved project (Motion No. 18199, Case No. 2009.1100C) to convert the building use from office to a 42,000 square foot, 94-room, R-1 occupancy hostel/hotel with 2,500 square feet of ground floor commercial (restaurant) use, 3,500 square feet of nighttime entertainment use, and two rooftop terraces totally 8,500 square feet, and to seismically strengthen and rehabilitate the existing historic 9-story (including basement) building. The building is listed as a Category I (Significant) Building within Article 11 of the Planning Code.  On October 6, 2010, the Historic Preservation Commission granted a Permit to Alter with conditions for Case No. 2009.1100H. The amendment proposes no changes to the design or intensity of the project as originally approved.  The subject building is in a C-3-G (Downtown General) Zoning District, and 90-X Height and Bulk District. 

Recommendation: Approve with Conditions

C.         COMMISSION MATTERS

 

6.             Consideration of Adoption:

·         Draft Minutes for October 17, 2013 – Special Meeting

·         Draft Minutes for October 17, 2013 – Regular Meeting

·         Draft Minutes for October 24, 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.

 

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

 

10.                                                                                                                                      (P. IKEZOE: (415) 575-9137)

COMMERCE AND INDUSTRY INVENTORY 2012 - Informational presentation - This 19^th Inventory is one of the Department’s reports on the economy and land use.   It contains a 10-year time-series of data for calendar years 2003-2012,  including population,  labor force,  employment,  establishments,  wages,  retail sales,  government expenditures  and revenues,  and building activity.    The Inventory is available for the public at the Planning Department and can be downloaded from the website at http://commissions.sfplanning.org/cpcpackets/2012_Commerce_and_Industry_Inventory_FINAL.pdf

Preliminary Recommendation:  None - Informational

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 

 

11.          2011.1306E                                                                                                    (J. POLING: (415) 575-9072)

1634-1690 PINE STREET -  north side of Pine Street between Franklin Street and Van Ness Avenue; Lots 007, 008, 009, 010, and 010A in Assessor’s Block 0647 - Public Hearing on the Draft Environmental Impact Report. The project site is occupied by five vacant one- to two-story buildings and a parking lot. The proposed project would merge the six lots into one parcel, demolish most of the existing five buildings, and construct a 130-foot-tall 353,360-gross-square-foot building containing 262 residential units in two 13-story towers, 5,600 square feet of commercial use on the ground and second floors, and one level of below-grade parking for 245 vehicles and 91 bicycles. Three of the existing building façades would be restored and incorporated into the proposed project. The project site is within the NC-3 (Moderate-Scale Neighborhood Commercial) Zoning District, the Van Ness Automotive Special Use District, and a 130-E Height and Bulk District. The five buildings on the project site comprise the entire Pine Street Auto Shops Historic District. Written comments will be accepted at the Planning Department until 5:00 p.m. on November 18, 2013.

Preliminary Recommendation: None

12.          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 121, 712.21, 712.55, 790.46, and 790.130, to establish a new 10-room tourist hotel (d.b.a. Leader House) within an existing four-story commercial building, where the last known authorized use was a private club. The project also includes the establishment of a new restaurant.  Both proposed uses are in excess of the use size limit of 6,000 square feet.  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

(Continued from Regular Meeting of October 17, 2013)

 

               

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.