December 19, 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.                   2013.0544B                                                                                                      (R. SUCRÉ: (415) 575-9108)

410 TOWNSEND STREET - located between 5^th and 6^th Streets, Lot 002A in Assessor’s Block 3785 - Request for an Office Development Authorization, pursuant to Planning Code Sections 321 and 845.66, for approximately 70,070 gsf of office use from the Office Development Annual Limit.  The subject property is located within the WMUO (Western SoMa Mixed-Use Office) Zoning District, and 65-X/85-X Height and Bulk District.

Preliminary Recommendation: Pending

(Proposed for Continuance to January 16, 2014)

 

2a.          2009.1074CEKV                                                                                      (G. CABREROS: (415) 558-6169)

1433 BUSH STREET - south side of Bush Street between Van Ness Avenue and Polk Street; Lot 024 in Assessor’s Block 0670 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.8, 253, 271 and 303 to allow an automotive rental use, the new construction of a building over 50 feet in height in an RC District and exceptions from the bulk limits prescribed by the V Bulk District.  The project proposes demolition of an existing one-story commercial building containing an automotive rental use and new construction of a 115-foot tall, 10-story mixed-use building containing 32 dwelling units, 26 residential parking spaces and a ground floor commercial space to contain an automotive rental use within a RC-4 (Residential, Commercial Combined, High Density) Zoning District, the Van Ness Avenue Special Use District, the Van Ness Automotive Special Use District, and 130-V Height and Bulk District.

Preliminary Recommendation:  Approve with Conditions

(Continued from Regular Meeting of September 19, 2013)

                  NOTE: On September 19, 2019, after public hearing and closing public comment, the Commission continued the matter to December 19, 2013 by a vote +7 -0.

              (Proposed for Indefinite Continuance)

 

2b.          2009.1074CEKV                                                                                      (G. CABREROS: (415) 558-6169)

1433 BUSH STREET - south side of Bush Street between Van Ness Avenue and Polk Street; Lot 024 in Assessor’s Block 0670 - Request for Variances from Planning Code Sections 134 and 145.1, which require a 25-percent rear yard at all residential levels and establish street frontage requirements in the RC District, including limitations to the total width of parking entrances along a street frontage and requirements that parking be set back 25 feet at the ground floor and 15 feet at the second floor from any  street frontage.   The project site is located on a through lot with frontage on Bush and Fern Streets.  The project proposes new construction of a 115-foot tall, 10-story mixed-use building with a courtyard at all residential levels and the re-establishment of an automotive rental use at the ground floor within a RC-4 (Residential, Commercial Combined, High Density) Zoning District, the Van Ness Avenue Special Use District, the Van Ness Automotive Special Use District, and 130-V Height and Bulk District.

(Continued from Regular Meeting of September 19, 2013)

NOTE:  After public hearing and closing public comment, The Zoning Administrator continued the matter to December 19, 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.                   2013.0863C                                                                                                (D. SÁNCHEZ: (415) 575-9082)

1 ENTERPRISE STREET - north side, east of Folsom Street; Lot 018 in Assessor’s Block 3572 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 179.1, 215 and 303 to establish, per Letter of Legitimization dated May 14, 2013, an 1,800 square foot single family dwelling on the second and third floors within a three-story mixed use building within a PDR-1-G (Production, Distribution, Repair - General) Zoning District and 58-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

 

4.                   2013.1492Q                                                                                                (E. JACKSON: (415) 558-6363)

25-29 CAMP STREET - south side, between Albion and Guerrero Streets, Lot 050 in Assessor’s Block 3568 - Request for Condominium Conversion Subdivision to convert a three-story, six-unit building into residential condominiums within a RTO-M (Residential, Transit-Oriented, Mission) Zoning District, and 45-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

 

5.                   2013.1567Q                                                                                           (C. LAMORENA: (415) 575-9085)

2715-2719 SACRAMENTO STREET - south side of Sacramento Street between Scott and Pierce Streets; Lot 015 in Assessor’s Block 0633 – Request for Condominium Conversion Subdivision to convert a three-story over garage, five-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 the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code. 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

 

6.                   2013.1456C                                                                                                       (J. SPEIRS: (415) 575-9106)

3104 24^TH  STREET - located on the north side between Shotwell Street and Folsom Street; Lot 068 in Assessor’s Block 3641 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 727.44 and 303 to convert 800 square feet of existing Limited-Restaurant use at the ground floor to Restaurant at the subject property, dba “The Pizza Shop.” Subject property is located within the 24^th Street - Mission Neighborhood Commercial Transit Zoning District, Mission Alcoholic Special Use Subdistrict, and 55-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. 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

 

7.                   2013.1613C                                                                                                       (E. TUFFY: (415) 575-9191)

2200 MARKET STREET - north side, between 15^th and 16^th Streets; Lot 001 in Assessor’s Block 3560 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 733.44, 790.91, 790.142 and 303, to establish a new restaurant, dba “Bandidos” with a Type 47 liquor license on the ground floor of a five-story mixed use building within the Upper Market NCT (Neighborhood Commercial Transit District) and 40-X and 60/65-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

 

8.                   2013.0493B                                                                                                      (R. SUCRÉ: (415) 575-9108)

850-870 BRANNAN STREET (AKA 888 BRANNAN STREET) - located at the northeast corner of Brannan and 8^th Streets, Lot 006, 007, 007A, 072 in Assessor’s Block 3780 - Request for an Office Development Authorization under Planning Code Sections 321, 803.9(c) and 843.65 for an allocation of an additional 10,000 gsf of office use on the ground floor, thus resulting in a total office allocation of 267,243 gsf within the UMU (Urban Mixed-Use) Zoning District and 68-X Height and Bulk District. Currently, the subject property received Office Development Authorizations for 257,243 gsf of office use, per Planning Commission Motions Nos. 18095 and 18527. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve with Conditions

 

C.         COMMISSION MATTERS

 

9.             Consideration of Adoption:

·         Draft Minutes for December 5, 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.

 

         11.                                                                                                                                        (J. IONIN: (415) 558-6309)

Planning Commission Rules & Regulations - consideration of proposed amendments to the Commission Rules and Regulations.

                        Preliminary Recommendation: Adopt

                     

12.                                                                                                                                         (J. IONIN: (415) 558-6309)

2014 HEARING SCHEDULE - consideration of proposed 2014 regular meeting dates and cancellations.  The consideration and adoption are contingent upon the Commission adopting amended Rules & Regulations.

                        Preliminary Recommendation: Adopt

 

D.         DEPARTMENT MATTERS

 

13.          Director’s Announcements

               

14.          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 

 

15.        2008.1122E                                                                                              (T. JOHNSTON: (415) 575-9035)

SAN FRANCISCO GROUNDWATER SUPPLY PROJECT - Certification of the Final Environmental Impact Report - The San Francisco Public Utilities Commission (SFPUC) is proposing the San Francisco Groundwater Supply Project (Groundwater Supply Project), which would provide an average of up to 4 million gallons per day of groundwater to augment San Francisco’s municipal water supply. All of the proposed groundwater well facilities would supply groundwater to existing reservoirs, where it would be blended with San Francisco’s existing municipal water supply before distribution within the city. All project components would be located on the west side of San Francisco on land owned by the City and County of San Francisco. The well facilities would be managed by the SFPUC, including those located on land currently managed by the San Francisco Recreation and Park Department. The proposed Groundwater Supply Project is one of several projects that the SFPUC proposes to implement under the SFPUC’s Water System Improvement Program to meet system objectives and service goals.   

Preliminary Recommendation: Certify

(Continued from Regular Meeting of November 14, 2013)

 

 

16a.        2008.1122EPR                                                                                               (M. SMITH: (415) 558-6322)

SAN FRANCISCO GROUNDWATER SUPPLY PROJECT - Lot 001 in Assessor’s Block 1700 and lot 004 in Assessor’s Block 7283 - Consideration of Adoption of Findings under the California Environmental Quality Act for the San Francisco Public Utilities Commission (SFPUC) San Francisco Groundwater Supply Project (Groundwater Supply Project).  The proposed project involves new groundwater well facilities that would be managed by the SFPUC, including those located on land currently managed by the San Francisco Recreation and Park Department.  All sites would be located on the west side of San Francisco on land owned by the City and County of San Francisco within a P (Public) Zoning District and an OS (Open Space) Height and Bulk District.

Preliminary Recommendation: Approve

 

                16b.        2008.1122EPR                                                                                                (M. SMITH (415) 558-6322)

SAN FRANCISCO GROUNDWATER SUPPLY PROJECT - Lot 001 in Assessor’s Block 1700 and lot 004 in Assessor’s Block 7283 - Consideration of General Plan Referral pursuant to Section 4.105 of the Charter and Section 2A.53 of the Administrative Code of the City and County of San Francisco, and making Planning Code Section 101.1(b) findings recommending General Plan conformity findings for the San Francisco Public Utilities Commission (SFPUC) San Francisco Groundwater Supply Project (Groundwater Supply Project).  The proposed project involves new groundwater well facilities that would be managed by the SFPUC, including those located on land currently managed by the San Francisco Recreation and Park Department.  All sites would be located on the west side of San Francisco on land owned by the City and County of San Francisco within a P (Public) Zoning District and OS (Open Space) Height and Bulk District.

Preliminary Recommendation: Adopt a Resolution finding the project, on balance, in conformity with the General Plan.

 

16c.        2008.1122EPR                                                                                                                 (M. SMITH (415) 558-6322)

SAN FRANCISCO GROUNDWATER SUPPLY PROJECT - Lot 001 in Assessor’s Block 1700 and lot 004 in Assessor’s Block 7283 - Request for Coastal Zone Permit Authorization pursuant to Section 330 of the Planning Code - The San Francisco Public Utilities Commission (SFPUC) is proposing the San Francisco Groundwater Supply Project (Groundwater Supply Project), which would provide an average of up to 4 million gallons per day of groundwater to augment San Francisco’s municipal water supply. All of the proposed groundwater well facilities would supply groundwater to existing reservoirs, where it would be blended with San Francisco’s existing municipal water supply before distribution within the city. All project components would be located on the west side of San Francisco on land owned by the City and County of San Francisco. Three of the sites (two at the west end of Golden Gate Park and one at Lake Merced) are located within the Coastal Zone and require the Planning Commission to adopt findings per Planning Code Section 330.5.2, that the project is consistent or not consistent with the Western Shoreline Area Plan (Local Coastal Program) of the City’s General Plan.  The well facilities would be managed by the SFPUC, including those located on land currently managed by the San Francisco Recreation and Park Department. The proposed Groundwater Supply Project is one of several projects that the SFPUC proposes to implement under the SFPUC’s Water System Improvement Program to meet system objectives and service goals. The three proposed project sites are located within the Coastal Zone, per Zoning Map Sheet CZ13 and CZ5, the P (Public) Zoning District and the OS (Open Space) Height and Bulk District. The Planning Commission’s action on the Coastal Zone Permit is appealable to the California Coastal Commission pursuant to California Public Resources Code Section 30603(a)(5) because the Groundwater Supply Project is a major public works project.

Preliminary Recommendation: Approve Coastal Zone Permit.

 

17.          2013.1695T                                                                                                      (E.WATTY: (415) 558-6620)

REQUEST FOR A PLANNING CODE AMENDMENT - pursuant to Planning Code Section 302, to allow non-conforming secondary structures that exceed a property’s maximum floor area ratio limit to be demolished, in whole or in part, and reconstructed, if certain findings can be made by the Planning Commission though the Downtown Authorization process (Section 309). The Ordinance was introduced by Supervisor David Chiu and is identified as Board of Supervisors File No. 13-1059.  The Planning Commission will consider a resolution recommending this Text Amendment to the Board of Supervisors; 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 101.1.

Preliminary Recommendation: Adopt a Recommendation for Approval with Amendments

 

18a.        2012.0258ETZC                                                                                             (S. VELLVE:  (415) 558-6263)

1500 PAGE STREET - northwest corner of Page Street and Masonic Avenue; Lot 004 in Assessor’s Block 1223 - Request for a Planning Code Amendment pursuant to Planning Code Section 302 to add Section 249.47 (1500 Page Street Affordable Housing SUD) with associated amendments to Zoning Map Sheet SU06, to overlay the site to permit an affordable housing project subject to exceptions from the dwelling unit density, area of useable open space, minimum dimension of useable open space, dwelling unit exposure, removal of off-street parking, and obstructions in the front and rear setbacks to establish up to 16 units of affordable housing and one manager’s unit. The site is currently within a RM-1 (Mixed, Low Density) District and 55-X Height and Bulk District. The Ordinance was introduced by Supervisor London Breed on November 5, 2013 and is identified as Board of Supervisors File No. 131086.  The Ordinance will also rescind two SUDs that were approved to support a pervious affordable housing project on the site that was abandoned, Section 249.41A the 1500 Page Street Residential Care Special Use District and Section 263.22A Permitted Building Heights in the 1500 Page Street Residential Care Special Use District. The Planning Commission will consider a resolution recommending this Text Amendment to the Board of Supervisors; 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 101.1.

Preliminary Recommendation: Adopt a Recommendation for Approval

 

                18b.        2012.0258ETZC                                                                                             (S. VELLVE:  (415) 558-6263)

1500 PAGE STREET - northwest corner of Page Street and Masonic Avenue; Lot 004 in Assessor’s Block 1223 - Request for a Zoning Map Amendment pursuant to Planning Code Section 302 to amend Sheet SU06 of the Official Zoning Map of the City and County of San Francisco to establish the 1500 Page Street Affordable Housing Special Use District (SUD) and to amend Sheet HT06 of the Zoning Map to change the Height and Bulk District from 55-X to 40-X at the subject site. The Ordinance was introduced by Supervisor London Breed on November 5, 2013 and is identified as Board of Supervisors File No. 131086.  The Planning Commission will consider a resolution recommending these Zoning Map Amendments to the Board of Supervisors; 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 101.1.

Preliminary Recommendation: Adopt a Recommendation for Approval

 

                18c.        2012.0258ETZC                                                                                             (S. VELLVE:  (415) 558-6263)

1500 PAGE STREET - northwest corner of Page Street and Masonic Avenue; Lot 004 in Assessor’s Block 1223 - Request for Conditional Use Authorization, pursuant to Planning Code Section 303, proposed Section 249.47 (1500 Page Street Affordable Housing Special Use District), and Chapter 41 of the Administrative Code to implement the proposed SUD and to allow conversion of an SRO at a ratio of less than 1:1 for a project to renovate the subject property from a vacant SRO containing 38 rooms to a housing project containing 16 affordable dwelling units and one manager’s unit within a RM-1 (Mixed, Low Density) and proposed 1500 Page Street Affordable Housing SUD,  District and 55-X Height and Bulk District (proposed to be 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 with Conditions

 

19a.        2009.1177ECV                                                                                                        (S. LAI: (415) 575-9087)

2353 LOMBARD STREET - south side, between Scott and Pierce Streets; Lots 025 and 026 in Assessor’s Block 0512 - Request for Conditional Use Authorization, pursuant to Planning Code Section 121 and 303, to allow the merging of two lots resulting in a lot size in excess of 10,000 square feet. The project proposes the demolition of a vacant one-story commercial building last occupied by a restaurant use, and construction of a four-story mixed-use building containing 21 dwelling units, approximately 2,700 square feet of ground floor commercial space and 28 parking spaces, within a NC-3 (Neighborhood Commercial District, Moderate Scale) 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

 

19b.        2009.1177ECV                                                                                                        (S. LAI: (415) 575-9087)

2353 LOMBARD STREET - south side, between Scott and Pierce Streets; Lots 025 and 026 in Assessor’s Block 0512 - Request for Rear Yard Modification - pursuant to Planning Code Section 134, which requires a rear yard of 25 percent of the lot depth at all residential levels. The irregularly shaped site contains a section with a shorter depth at the southeast corner. This section has a required rear yard of 15 feet for approximately 23 feet of the lot width, but no rear yard is proposed in this section.  The project proposes to demolish an existing one-story commercial building and construction of a four-story mixed-use building containing 21 dwelling units, approximately 2,700 square feet of ground floor commercial space and 28 residential parking spaces. The project proposes to merge the two lots resulting in a lot size in excess of 10,000 square feet, within a NC-3 (Neighborhood Commercial District, Moderate Scale) and 40-X Height and Bulk District. 

 

20.          2013.1598D                                                                                                                            (S. LAI: (415) 575-9087)

53 MANZANITA AVENUE - west side between Euclid Avenue and Mayfair Drive; Lot 009 in Assessor’s Block 1043 - Request for Discretionary Review of Building Permit Application No. 2013.05.09.6539 proposing to add a second dwelling unit on the ground floor of a two-story, single-family home, within the existing building envelope, within a RH-2 (Residential, Two-Family) Zoning District and 40-X Height and Bulk District.  No exterior modifications are proposed under this application. 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

 

21.          2013.0623D                                                                                                 (K. CONNER: (415) 575-6914)

2340 LARKIN STREET - east side between Filbert and Union Streets; Lots 055 and 057 in Assessor’s Block 0096 - Mandatory Discretionary Review, pursuant to Planning Code Section 317(e), of Building Permit Application No. 2013.05.09.6521, proposing to reconfigure the existing three-story-over-garage, four-unit residential building to a three-unit residential building within a RM-2 (Residential, Mixed, Moderate Density) 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:  Full 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.