January 9, 2014

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 16, 2014)

 

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

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

Preliminary Recommendation: Pending

(Continued from Regular Meeting of October 24, 2013)

(Proposed for Continuance to January 23, 2014)

               

3.             2013.1663ZM                                                                                                  (A. STARR: (415) 558-6362)

Amendments to the Zoning Map and Map 1 of Downtown Area Plan, for 133-135 Golden Gate Avenue (APN 0349/12 & 13) [Board File No. 130999].  Ordinance amending Zoning Map ZN01 and Map 1 of the Downtown Area Plan, to rezone the subject parcel from RC-4 to C-3-G in order to provide for eligibility to sell transferable development rights for property at 133-135 Golden Gate Avenue (St. Boniface Church and Rectory); 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 January 23, 2014)

 

B.         COMMISSION MATTERS

 

4.             Consideration of Adoption:

·         Draft Minutes for December 12, 2013; and

·         Draft Minutes for December 19, 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.

 

5.             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.

 

C.         DEPARTMENT MATTERS

 

6.             Director’s Announcements

               

7.             Review of Past Week’s Events at the Board of Supervisors, Board of Appeals and Historic Preservation Commission

 

D.         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.

 

E.            REGULAR CALENDAR 

 

The Commission Hearing Procedures provide for presentations by staff; followed by the project sponsor team; followed by public comment for and against the proposal.  Please be advised that the project sponsor team includes: the sponsor(s) or their designee, lawyers, architects, engineers, expediters, and/or other advisors.

 

8.             2013.1517ET                                                                                                       (J. SWAE: (415) 575-9069)

Urban Forest Plan - Informational Presentation - Staff briefing on the Urban Forest Plan (Phase 1: Street Trees) being developed in collaboration with the Department of Public Works, Urban Forestry Council and Friends of the Urban Forest. 

Preliminary Recommendation: None – Informational

 

9.             2010.0641M                                                                                                    (S. EXLINE: (415) 558-6332)

2013 RECREATION AND OPEN SPACE ELEMENT UPDATE - Consideration of a Resolution to Initiate amendments to the San Francisco General Plan - Pursuant to San Francisco Charter Section 4.105, Planning Code Section 340(c) and Section 306.3, consideration of a Resolution to Initiate amendments to the General Plan, a proposed revision of the Recreation and Open Space Element at the hearing, the Planning Commission may consider adopting a Resolution to Initiate amendments to the General Plan, and schedule a public hearing to consider adopting the proposed General Plan amendments.

Preliminary Recommendation: Adopt a Resolution to Initiate

 

10.          2013.1663ZM                                                                                                  (A. STARR: (415) 558-6362)

INTENTION TO INITIATE DEPARTMENT-SPONSORED GENERAL PLAN AMENDMENT RELATED TO THE REZONING OF 133-135 GOLDEN GATE AVENUE - Pursuant to Planning Code Section 302, the Planning Commission will consider a Resolution of Intention to initiate amendments to the General Plan and schedule a public hearing to consider the amendments. The amendments are intended to modify Map 1 of the Downtown Area Plan to include 133-135 Golden Gate Avenue (APN 0349/12 & 13) also known as St. Boniface, in the C-3-G.  The subject parcel is proposed to be rezoned from RC-4 to C-3-G as part of Board File 130999, introduced by Supervisor Kim.  The proposed General Plan Amendment is required to ensure the rezoning is consistent with the General Plan should the Board of Supervisors approve the rezoning of the subject parcel.

Preliminary Recommendation: Adopt a Resolution to Initiate

 

11.          2013.1464C                                                                                                     (S. YOUNG: (415) 558-6346)

2071 UNION STREET - south side of Union Street between Webster and Buchanan Streets; Lot 016 in Assessor’s Block 0541 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 703.4, 703.3, 303(c), and 303(i) to establish a Formula Retail Use within the Union Street Neighborhood Commercial District and 40-X Height and Bulk District. The proposal is to convert a vacant ground floor commercial space with approximately 3,500 gross square feet of floor area (previously occupied by “Rugby”, a Formula Retail apparel store concept of Ralph Lauren) into another Formula Retail Use (d.b.a. Nike).  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

 

12.          2013.1420C                                                                                                        (C. NOEL: (415) 575-9125)

2168-2174 MARKET STREET - north side of Market Street between Sanchez and Church Streets; Lot 017 in Assessor’s Block 3542 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 186.2, 733.21, and 303 to allow the expansion of the existing Restaurant use (d.b.a. Café du Nord) to all four floors of the existing multi-story building. The Conditional Use authorization would also allow a use size above 2,999 square feet. Café du Nord currently occupies the basement level as a Restaurant and will become the single tenant leasing all the above floors as a single tenant.  The proposal will involve interior tenant improvements. There will be no expansion of the existing building envelope. The proposed project is located within the Upper Market Neighborhood Commercial Transit District and 40-X/50-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

 

F.            DISCRETIONARY REVIEW CALENDAR 

 

The Commission Discretionary Review Hearing Procedures provide for presentations by staff; followed by the DR requestor team; followed by public comment opposed to the project; followed by the project sponsor team; followed by public comment in support of the project.  Please be advised that the DR requestor and project sponsor teams include: the DR requestor and sponsor or their designee, lawyers, architects, engineers, expediters, and/or other advisors.

 

13.          2013.1002D                                                                                                       (C. NOEL: (415) 575-9125)

23-29 KRONQUIST COURT - east side of Kronquist Court between 27^th and Cesar Chavez; Lots 024 and 010B in Assessor’s Block 6582 - Discretionary Review, pursuant to Planning Code Section 311, of Building Permit Application No. 2013.0508.6422, proposing to merge two single-family dwellings into one single-family dwelling. The project also includes two small additions to the rear of the buildings. The addition to 29 Kronquist, will in-fill a notch at the rear of the second floor level. The addition to 23 Kronquist will extend the north half of the second floor back four feet four inches for a width of 12.5 feet. The addition will not extend beyond the rear wall of the building at 17 Kronquist Court.  The property is located within a RH-1 (Residential, House Single-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

 

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. A thorough description of the issue(s) by the Director or a member of the staff.
2. A presentation of the proposal by the Project Sponsor(s) team (includes sponsor or their designee, lawyers, architects, engineers, expediters, and/or other advisors) would be for a period not to exceed 10 minutes, unless a written request for extension not to exceed a total presentation time of 15 minutes is received at least 72 hours in advance of the hearing, through the Commission Secretary, and granted by the President or Chair.
3. A presentation of opposition to the proposal by organized opposition for a period not to exceed 10 minutes (or a period equal to that provided to the project sponsor team) with a minimum of three (3) speakers.  The intent of the 10 min block of time provided to organized opposition is to reduce the number of overall speakers who are part of the organized opposition.  The requestor should advise the group that the Commission would expect the organized presentation to represent their testimony, if granted.  Organized opposition will be recognized only upon written application at least 72 hours in advance of the hearing, through the Commission Secretary, the President or Chair.  Such application should identify the organization(s) and speakers.
4. Public testimony from proponents of the proposal:  An individual may speak for a period not to exceed three (3) minutes.
5. Public testimony from opponents of the proposal:  An individual may speak for a period not to exceed three (3) minutes.
6. Director’s preliminary recommendation must be prepared in writing.
7. Action by the Commission on the matter before it.
8. In public hearings on Draft Environmental Impact Reports, all speakers will be limited to a period not to exceed three (3) minutes.

9.        The President (or Acting Chair) may impose time limits on appearances by members of the public and may otherwise exercise his or her discretion on procedures for the conduct of public hearings.

10.     Public comment portion of the hearing shall be closed and deliberation amongst the Commissioners shall be opened by the Chair;

11.     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.        A thorough description of the issue by the Director or a member of the staff.

2.        A presentation by the DR Requestor(s) team (includes Requestor(s) or their designee, lawyers, architects, engineers, expediters, and/or other advisors) would be for a period not to exceed five (5) minutes for each requestor.

3.        Testimony by members of the public in support of the DR would be up to three (3) minutes each.

4.        A presentation by the Project Sponsor(s) team (includes Sponsor(s) or their designee, lawyers, architects, engineers, expediters, and/or other advisors) would be for a period up to five (5) minutes, but could be extended for a period not to exceed 10 minutes if there are multiple DR requestors.

5.        Testimony by members of the public in support of the project would be up to three (3) minutes each.

6. DR requestor(s) or their designees are given two (2) minutes for rebuttal.

7.        Project sponsor(s) or their designees are given two (2) minutes for rebuttal.

8.        The President (or Acting Chair) may impose time limits on appearances by members of the public and may otherwise exercise his or her discretion on procedures for the conduct of public hearings.

 

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

Advance Submissions: To allow Commissioners the opportunity to review material in advance of a hearing, materials must be received by the Planning Department 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) hardcopies and a .pdf copy must be provided to the staff planner. Correspondence submitted to the Planning Commission after eight days in advance of a hearing must be received by the Commission Secretary no later than the close of business the day before a hearing for it to become a part of the public record for any public hearing.

 

Correspondence submitted to the Planning Commission on the same day, must be submitted at the hearing directly to the Planning Commission Secretary. Please provide ten (10) copies for distribution. Correspondence submitted in any other fashion on the same day may not become a part of the public record until the following hearing.

 

Correspondence sent directly to all members of the Commission, must include a copy to the Commission Secretary (commissions.secretary@sfgov.org) for it to become a part of the public record.

 

These submittal rules and deadlines shall be strictly enforced and no exceptions shall be made without a vote of the Commission.

 

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. 

 

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.