December 12, 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

                                (Continued from Regular Meeting of December 12, 2013)

(Proposed for Continuance to January 9, 2014)

 

2.                   2013.1529Z                                                                                                       (A. STARR: (415) 558-6362)

904  22^ND STREET  - Zoning Map Amendment -  Ordinance amending the Zoning Map, to re-zone the property located at 904-22nd Street (Assessor's Block No. 4106, Lot No. 015) from RH-3 (Residential, Housing, Three Family) to UMU (Urban Mixed Use); 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

(Proposed for Continuance to February 13, 2014)

 

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.                   2013.1328C                                                                                                    (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

                (Continued from Regular Meeting of November 21, 2013)

 

4.                   2013.1393Q                                                                                                    (K. BURNS: (415) 575-9112)

75 LILY STREET - south side of Lily Street between Gough Street and Franklin Street; Lot 009 in Assessor’s Block 0837 – Request for Condominium Conversion Subdivision to convert a three-story, five-unit building into residential condominiums within a NCT-3 (Moderate Scale Neighborhood Commercial Transit) Zoning District and 40-X Height and Bulk District.  This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code. 

Preliminary Recommendation: Approve

 

5.                   2013.1348Q                                                                                                    (K. BURNS: (415) 575-9112)

124 5^TH AVENUE - east side of 5^th Avenue between Lake Street and California Street; Lot 034 in Assessor’s Block 1364 –Request for Condominium Conversion Subdivision to convert a two-story over garage, six-unit building into residential condominiums 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 purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code. 

Preliminary Recommendation: Approve

 

6.             2013.1414Q                                                                                           (C. LAMORENA: (415) 575-9085)

3171-3181 CALIFORNIA STREET - south side of California Street between Presidio Avenue and Lyon Street; Lot 025 in Assessor’s Block 1030 - 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 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.

Preliminary Recommendation: Approve

 

C.         COMMISSION MATTERS

 

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.                                                                                                                           (K. DISCHINGER: (415) 558-6284)

AREA PLAN IMPLEMENTATION AND INTER-DEPARTMENT PLAN IMPLEMENTATION COMMITTEE (IPIC) REPORT - Informational presentation on the activities of the Department's Plan Implementation Group, including overview of progress  toward  funding  infrastructure  projects called for in adopted area plans (Rincon Hill, Market and Octavia, Balboa Park, Eastern Neighborhoods, Vis. Valley and Transit Center District Plan)  and coordination  with  CACs.  Presentation of 2013 Inter-Department Plan Implementation Committee (IPIC) Report, which includes capital planning accomplishments  and  recommendations  for  each plan area.

 

11.          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

(Continued from Regular Meeting of November 21, 2013)

 

12.          2013.1284C                                                                                                     (K. BURNS:  (415) 575-9112)

1040 HYDE STREET - - east side between California and Pine Streets; Lot 046 in Assessor’s Block 0251 – Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 723.41 and 790.22 to establish a Bar use (d.b.a. Liquid Gold).  The property is located within the Polk Street Neighborhood Commercial District, and 65-A Height and Bulk District.   This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve with Conditions

 

13.          2013.0663C                                                                                                      (M. SMITH: (415) 558-6322)

333 DOLORES STREET - east side between 16^th and 17^th Streets; Lot 057 in Assessor’s Block 3567 -  Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, to  amend Motion No. 16683 which authorized Children’s Day School to install three temporary classroom structures on the property.  The conditions of approval contained in the motion stated that the structures must be removed within 10 years from the date of occupancy (2014).  Children’s Day School is requesting to retain the structures on the site for an additional 10.5 years (2024).  The property is located within a RM-1 (Residential, Mixed, Low-Density) District, and 40-X Height and Bulk District.  This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve with Conditions

 

14a.        2011.1385CEV                                                                                                (M. SMITH: (415) 558-6322)

651 DOLORES STREET - southeast corner at Cumberland Street; Lot 028 in Assessor’s Block 3598 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 209.1(h) to construct dwellings at a density ratio up to one dwelling unit for each 1,000 square feet of lot area, for a project proposing to convert a vacant church into four dwellings units.  The project also requires a rear yard variance pursuant to Section 134 of the Planning Code for the construction of a stair penthouse on the southeast corner of the roof.  The property is located within a RH-3 (Residential, House, Three-Family) District, and 40-X Height and Bulk District.  The Commission will also adopt CEQA Findings as part of the project approval.

Preliminary Recommendation: Approve with Conditions

 

14b.        2011.1385CEV                                                                                                (M. SMITH: (415) 558-6322)

651 DOLORES STREET - southeast corner at Cumberland Street; Lot 028 in Assessor’s Block 3598 - Request for a Rear Yard Variance, pursuant to Planning Code Sections 134 to construct a stair penthouse on the southeast corner of the roof of a vacant church that is proposed for conversion to a residential building containing four dwelling units.  The property is located within a RH-3 (Residential, House, Three-Family) District, and 40-X Height and Bulk District. 

 

15.          2013.0894C                                                                                                       (C. NOEL:  (415) 575-9125)

2016 MARKET STREET - northwest side between Church and Dolores Streets; Lot 001 in Assessor’s Block 3536 - Request for Conditional Use Authorization, pursuant to Planning Code Section 303 to allow a formula retail use operating as a specialty grocery (d.b.a. See’s Candies, Inc.) within the Upper Market Neighborhood Commercial Transit District, and 40-X Height and Bulk District.  If approved, this action would constitute the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Disapprove

 

16a.        2013.1001DV                                                                                                    (C. NOEL:  (415) 575-9125)

1072-74 SANCHEZ STREET -  west side of Sanchez Street between 24th and Elizabeth streets; Lot 004 in Assessor’s Block 3654 - Mandatory Discretionary Review, pursuant to Planning Code Section 317, of Building Permit Application No. 2013.1021.9769, proposing to reconfigure the existing three-unit building to a two-unit building.  The property is located within a RH-3 (Residential, House Three-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

 

16b.        2013.1001DV                                                                                                    (C. NOEL:  (415) 575-9125)

1072-74 SANCHEZ STREET - west side of Sanchez Street between 24th and Elizabeth streets; Lot 004 in Assessor’s Block 3654 - Request for a Rear Yard Variance, pursuant to Planning Code Sections 134 to replace a rear staircase with a third floor balcony and second floor landing at the rear of the dwelling, as well as, a horizontal addition/infill at the rear of the dwelling on the first and second floors at the southwest elevation.  The property is located within a RH-3 (Residential, House Three-Family) Zoning District and 40-X Height and Bulk District.

 

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

 

 

 

Please Note that

on

December 19, 2013

 

The San Francisco Planning Commission will consider adopting amendments to their Rules & Regulations, in accordance with San Francisco Charter, Article IV, Section 4.104.

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.