November 21, 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.                   2012.1427E                                                                                                        (K. ZUSHI: (415) 575-9036)

SHARP PARK SAFETY, INFRASTRUCTURE IMPROVEMENT, AND HABITAT ENHANCEMENT PROJECT - The project site is located within Sharp Park in the City of Pacifica, San Mateo County - Appeal of Preliminary Mitigated Negative Declaration for: 1) the construction of a perennial pond, approximately 1,600 sf in size, located approximately 400 to 500 feet southeast of Horse Stable Pond (HSP); 2) realignment of a portion of an existing golf cart path located west of the fairway for golf course hole number 14 and east of the tee box for golf course hole number 15; 3) removal of sediment and emergent vegetation within HSP and the connecting channel that links HSP with Laguna Salada (LS); 4) construction of steps and a maintenance walkway approximately 4.6 feet in width at the existing HSP pumphouse; and 5) replacement of a wooden retaining wall near the pumphouse with a concrete retaining wall at the existing HSP pumphouse. The proposed project is being constructed in accordance with a Biological Opinion issued by the U.S. Fish and Wildlife Service (USFWS) and is separate and independent from the proposed Significant Natural Resource Areas Management Plan (SNRAMP), which is currently undergoing separate environmental review.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

(Proposed for Continuance to December 5, 2013)

 

                                2a.          2011.0477C                                                                                                             (D. VU: (415) 575-9120)

1900 19^TH AVENUE - east side of 19^th Avenue at Ortega Street; Lot 028 in Assessor’s Block 2116 and Lot 019A in Assessor’s Block 2055 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 703.4, Formula Retail, 710.21 Nonresidential Use Size and 710.27, Hours of Operation to develop a Formula Retail pharmacy store (d.b.a. CVS Pharmacy) with an off-sale beer and wine license. The project will expand the retail space within the existing building from 14,667 square feet to 16,366 square feet. The hours of operation for the store will be 6 A.M. to 2 A.M. within a NC-1 Neighborhood Commercial Cluster District and 40-X Height and Bulk District.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of September 26, 2013)

                (Proposed for Indefinite Continuance)

 

2b.          2011.0477V                                                                                                             (D. VU: (415) 575-9120)

1900 19^TH AVENUE - east side of 19^th Avenue at Ortega Street; Lot 028 in Assessor’s Block 2116 and Lot 019A in Assessor’s Block 2055 - Request for Variance from the requirements of Planning Code Section 152, Off-Street Freight Loading, to allow a 16,366 square foot pharmacy store with no off-street loading. Planning Code Section 152 requires one off-street freight loading space for buildings with a floor area between 10,001 and 60,000 square feet within a NC-1 Neighborhood Commercial Cluster District and 40-X Height and Bulk District.

(Continued from Regular Meeting of September 26, 2013)

                (Proposed for Indefinite Continuance)

 

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.                   2013.1104Q                                                                                                   (B. BENDIX: (415) 575-9114)

240-250 PRECITA AVENUE -  south side, between Shotwell Street and Emmett Court, Lot 098 in Assessor’s Block 5517 - Request for Condominium Conversion Subdivision to convert a four-story, six-unit building into residential condominiums within a RH-2 (Residential, House, Two-Family) Zoning District, the Bernal Heights Special Use District and 40-X Height and Bulk District.

Preliminary Recommendation:  Approve

 

4.                   2013.1459Q                                                                                                   (B. BENDIX: (415) 575-9114)

223-227A GUERRERO STREET - east side, between 14^th and 15^th Streets, Lot 015 in Assessor’s Block 3546 - Request for Condominium Conversion Subdivision to convert a four-story, six-unit building into residential condominiums within a RTO-M (Residential, Transit-Oriented – Mission Neighborhood) Zoning District and 45-X Height and Bulk District.

Preliminary Recommendation:  Approve

 

5.                   2013.1460Q                                                                                                   (B. BENDIX: (415) 575-9114)

624A-624E NATOMA STREET - north side, between 7^th and 8^th Streets, Lot 047 in Assessor’s Block 3727 - Request for Condominium Conversion Subdivision to convert a three-story, five-unit building into residential condominiums within a RED (Residential Enclave District) Zoning District, the Western SoMa Special Use District and 40-X Height and Bulk District. Preliminary Recommendation:  Approve

 

6.          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. 

Preliminary Recommendation: Approve with Conditions

(Continued from Regular Meeting of November 7, 2013)

7.                   2013.1328C                                                                                                    (D. HARRIS: (415) 575-9102)

1650 MISSION STREET - located on the west side between South Van Ness Avenue and Plum Streets; Lot 008 in Assessor’s Block 3512 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 731.83 and 303 to convert 1,003 square feet of existing Limited-Restaurant use at the ground floor to Public Use for City offices at the subject property. The remaining 1,305 square feet will remain Limited-Restaurant use, which will not be Formula-Retail. Subject property is located within a NCT-3 (Moderate-Scale Neighborhood Commercial Transit District) Zoning District and 85-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

 

8.                   2013.1400T                                                                                                      (A. STARR: (415) 558-6362)

AMENDMENTS TO THE PLANNING CODE, AMENDING SECTION 410.10 [BOARD FILE NO. 13-0864] -  Ordinance amending the Planning Code to transfer proposed child care facility oversight from the Department of Children, Youth and Their Families to the Office of Early Care and Education; and making environmental findings. 

Preliminary Recommendation: Adopt a Recommendation for Approval

 

C.         COMMISSION MATTERS

 

9.             Consideration of Adoption:

·         Draft Minutes for November 7, 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.

 

10.          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

 

11.          Director’s Announcements

               

12.          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 

 

13.          2013.1504T                                                                                                      (A. STARR: (415) 558-6362)

AMENDMENTS TO THE PLANNING CODE, ADDING SECTION 102.37 AND AMENDING SECTION 204.1 TO ALLOW COTTAGE FOOD OPERATION AS AN ACCESSORY USE [BOARD FILE NO. 13-0998] - Ordinance amending the Planning Code, by adding Section 102.37 and amending Section 204.1, to allow Cottage Food Operation as an accessory use for dwelling units, increase the allowable area for accessory uses in dwelling units, and expand accessory use controls for dwelling units to all zoning districts; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1.

Preliminary Recommendation: Adopt a Recommendation for Approval

 

14.          2013.1468T                                                                                          (K. HADDADAN: (415) 575-9068)

AMENDMENTS TO THE ADMINISTRATIVE CODE AND THE PLANNING CODE TO PROVIDE PREFERENCE TO ELLIS ACT EVICTED RESIDENTS FOR AFFORDABLE HOUSING PROGRAMS [BOARD FILE NO. 13-0968] -  Ordinance amending the Administrative Code and the Planning Code introduced by Supervisor Chiu to provide a preference in occupying units or receiving assistance under all affordable housing programs administered or funded by the City, including all former San Francisco Redevelopment Agency affordable housing programs administered or funded by the City, to certain tenants being evicted under the Ellis Act, California Government Code, Section 7060 et seq.; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1.

Preliminary Recommendation: Adopt a Recommendation for Approval

 

15.          2013.1465T                                                                                                        (L. CHEN: (415) 575-9124)

AMENDMENTS TO THE PLANNING CODE, TRANSIT IMPACT DEVELOPMENT FEE EXEMPTIONS [BOARD FILE NO. 130938] -  Ordinance amending the Planning Code to revise deadlines for certain Transit Impact Development Fee (TIDF) exemptions; eliminate project-specific references in exemptions applicable to redevelopment areas, and make such exemptions dependent on the terms of the controlling development agreement, redevelopment plan, interagency agreement or other contract entered into by the City; require that the TIDF be calculated based on the rate in effect and the time of issuance of the first construction document; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. 

Preliminary Recommendation: Adopt a Recommendation for Approval

 

16.          2013.0740D                                                                                                   (M. SMITH: (415) 558-6322)

238 EUREKA STREET - west side between 19^th and 20^th Streets; Lot 009 in Assessor's Block 2699 - Request for Discretionary Review of Building Permit Application No. 2012.02.23.4716 proposing to construct a vertical addition that would add habitable space to the attic, construct a multi-story rear horizontal addition, and restore wood siding and Edwardian ornamentation to the front of a single-family dwelling located within a RH-2 (Residential, House, Two-Family)  District and a 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

 

17.          2013.1286D                                                                                                (E. JACKSON: (415) 558-6363)

259A  BARTLETT STREET - east side between 23^rd and 24^th Streets; Lot 040 in Assessor’s Block 3643 - Request for Discretionary Review of Building Permit Application No. 2012.12.07.5749 proposing to legalize an existing roof deck on top of a single story addition at the rear and side of the existing six-family dwelling located within a RTO-M (Residential, Transit-Oriented, Mission) Zoning District and 45-X Height and Bulk District.  No expansion of the building envelope is proposed under this permit. 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.