SAN FRANCISCO
PLANNING COMMISSION

Notice of Hearing and Agenda

Commission Chambers, Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689

Thursday, May 1, 2014

12:00pm

Commissioners:
Cindy Wu, President
Rodney Fong, Vice President
Michael Antonini, Gwyneth Borden, Rich Hillis, Kathrin Moore, Hisashi Sugaya

Commission Secretary:
Jonas P. Ionin

Hearing Materials are available at:
Website: http://www.sfplanning.org
Planning Department, 1650 Mission Street, 4^th Floor, Suite 400
Planning Information Center, 1660 Mission Street, 1^st Floor

Voice recorded Agenda only: (415) 558-6422
Commission Hearing Broadcasts:
Live stream: http://www.sfgovtv.org
Live, Thursdays at 12:00 p.m., Cable Channel 78
Re-broadcast, Fridays at 8:00 p.m., Cable Channel 26
assitive devices icons
Disability and language accommodations available upon request to:commissions.secretary@sfgov.org
or (415) 558-6309 at least 48 hours in advance.

[Ordinance, Accessibility and Language details - click here]

Know Your Rights Under the Sunshine Ordinance

Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.

Members of the public are not required to provide personal identifying information when they communicate with the Commission or the Department. All written or oral communications, including submitted personal contact information, may be made available to the public for inspection and copying upon request and may appear on the Department’s website or in other public documents.

For more information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact the Sunshine Ordinance Task Force at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 409; phone (415) 554-7724; fax (415) 554-7854; or e-mail at sotf@sfgov.org.

Copies of the Sunshine Ordinance can be obtained from the Clerk of the Sunshine Task Force, the San Francisco Library and on the City’s website at www.sfbos.org/sunshine.

San Francisco Lobbyist Ordinance

Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign and Governmental Conduct Code Section 21.00-2.160] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 25 Van Ness Avenue, Suite 220, San Francisco, CA 94102; phone (415) 252-3100; fax (415) 252-3112; and online http://www.sfgov.org/ethics.

Accessible Meeting Information

Commission hearings are held in Room 400 at City Hall, 1 Dr. Carlton B. Goodlett Place in San Francisco. City Hall is open to the public Monday through Friday from 8:00 a.m. to 8:00 p.m. and is accessible to persons using wheelchairs and other assistive mobility devices. Ramps are available at the Grove, Van Ness and McAllister entrances. The wheelchair lift at the Polk Street entrance is currently under repair.

Transit: The nearest accessible BART station is Civic Center. Accessible MUNI Metro lines are the F, J, K, L, M, N, T (exit at Civic Center or Van Ness stations). MUNI bus routes also serving the area are the 5, 6, 9, 19, 21, 47, 49, 71, and 71L. For more information regarding MUNI accessible services, call (415) 701-4485 or call 311.

Parking: Accessible parking is available at the Civic Center Underground Parking Garage (McAllister and Polk), and at the Performing Arts Parking Garage (Grove and Franklin). Accessible curbside parking spaces are located all around City Hall.

Disability Accommodations: To request assistive listening devices, sign language interpreters, readers, large print agendas or other accommodations, please contact the Commission Secretary at (415) 558-6309, or commissions.secretary@sfgov.org at least 48 hours in advance of the hearing.

Language Assistance: To request an interpreter for a specific case during the hearing, please contact the Commission Secretary at (415) 558-6309, or commissions.secretary@sfgov.org at least 48 hours in advance of the hearing.

Allergies: In order to assist the City in accommodating persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, please refrain from wearing scented products (e.g. perfume and scented lotions) to Commission hearings.

SPANISH:

Agenda para la Comisión de Planificación. Si desea asistir a la audiencia, y quisiera obtener información en Español o solicitar un aparato para asistencia auditiva, llame al 415-558-6309. Por favor llame por lo menos 48 horas de anticipación a la audiencia.

CHINESE:

規劃委員會議程。聽證會上如需要語言協助或要求輔助設備，請致電415-558-6309。請在聽證會舉行之前的至少48個小時提出要求。

TAGALOG:

Adyenda ng Komisyon ng Pagpaplano. Para sa tulong sa lengguwahe o para humiling ng Pantulong na Kagamitan para sa Pagdinig (headset), mangyari lamang na tumawag sa 415-558-6309. Mangyaring tumawag nang maaga (kung maaari ay 48 oras) bago sa araw ng Pagdinig.

RUSSIAN:

Повестка дня Комиссии по планированию. За помощью переводчика или за вспомогательным слуховым устройством на время слушаний обращайтесь по номеру 415-558-6309. Запросы должны делаться минимум за 48 часов до начала слушания.

ROLL CALL:

President: Cindy Wu
Vice-President: Rodney Fong
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. 2013.1166T (A. RODGERS: (415) 558-6395)
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 February 27, 2014)
(Proposed for Continuance to June 5, 2014)

2. 2010.0726X (D. VU: (415) 575-9120)
2051 3RD STREET - east side between Mariposa and 18th Streets, Lots 001B, 001C, and 006 in Assessor's Block 3994 - Request for Large Project Authorization under Planning Code Section 329 and exceptions including rear yard per Planning Code Section 134, open space per Planning Code Section 135, and street frontage per Planning Code Section 145.1 for the proposed construction of a new six-story, 68-foot building consisting of up to 94 dwelling units, approximately 800 square feet of retail space, and parking for up to 77 spaces. The subject property is located within the UMU (Urban Mixed Use) District and 68-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
(Continued from Regular Meeting of March 27, 2014)
(Proposed for Continuance to June 5, 2014)

3. 2013.0465D (G. CABREROS: (415) 558-6169)
2479 FRANCISCO STREET - south side between Baker and Broderick Streets; Lot 026A in Assessor's Block 0931 - Request for Discretionary Review of Building Permit Application No. 2013.04.09.4047, proposing facade alterations and construction of a new third floor, a side horizontal addition at the front entry stairs and a rear horizontal addition to the existing two-story, single-family residence in 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 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
(Continued from Regular Meeting of April 10, 2014)
WITHDRAWN

B. CONSENT CALENDAR

All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and may be acted upon by a single roll call vote of the Commission. There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing.

4. 2011.1395C (O. MASRY: (415) 575-9116)
1763 STOCKTON STREET - at the southwest corner of Stockton and Greenwich Streets, Lot 001 in Assessor's Block 0089 - Request for Conditional Use Authorization under Planning Code Sections 722.83 and 303 to allow a wireless telecommunications services (WTS) facility operated by AT&T Mobility. The proposed macro WTS facility would feature three (3) panel antennas, housed within individual faux vent pipe enclosures mounted to the roof of an existing three-story mixed-use building. Related electronic equipment would be located on the roof and in the basement. The facility is proposed on a Location Preference 6 Site (Limited Preference, Individual Neighborhood Commercial District) within the North Beach Neighborhood Commercial District, North Beach Limited Financial Special Use District (SUD), North Beach SUD, Telegraph Hill – North Beach Residential SUD, 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

5a. 2013.0627BC (R. SUCRE: (415) 575-9108)
660 3RD STREET - located between Brannan and Townsend Streets, Lot 008 in Assessor's Block 3788 - Request for an Office Development Authorization under Planning Code Section 321 to establish up to 80,000 gsf of office space within the South End Landmark District, SLI (Service/Light Industrial) Zoning District and 65-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.
Preliminary Recommendation: Approve with Conditions
(Continued from Regular Meeting of April 3, 2014)

5b. 2013.0627BC (R. SUCRE: (415) 575-9108)
660 3RD STREET - located between Brannan and Townsend Streets, Lot 008 in Assessor's Block 3788 - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 303, 803.9(a), and 817.48, for a change in use of 80,000 gsf from PDR (Production, Distribution and Repair) to office use. 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. The subject property is located within the South End Landmark District, SLI (Service/Light Industrial) Zoning District, and 65-X Height and Bulk District.
Preliminary Recommendation: Approve with Conditions
(Continued from Regular Meeting of April 3, 2014)

C. COMMISSION MATTERS

6. 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

7. Director’s Announcements

8. Review of Past Events at the Board of Supervisors, Board of Appeals and Historic Preservation Commission

E. GENERAL PUBLIC COMMENT – 15 MINUTES

F. 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.

9. SF PLAZA PROGRAM (A. STARR: (415) 558-6362)
Informational presentation - Office of Economic and Workforce Development will update the Commission on the SF Plaza Program, a new collaborative public realm initiative designed to leverage various City, private, nonprofit and stakeholder group efforts to provide long-term activation, management, and/or maintenance for designated City Plazas. Proposed changes to the City's Admin Code (Board File No. 140061), Police Code (Board File No. 140064) and Public Works Code (Board File No. 140063) associated with the SF Plaza Program will also be discussed during this presentation. An Ordinance associated with the SF Plaza Program that proposes changes to the Planning Code (Board File No. 140062) may also be discussed during this presentation.
Preliminary Recommendation: None - Informational

10. 2014.0180T (A. STARR: (415) 558-6362)
AMENDMENTS TO THE PLANNING CODE, PROVISION FOR PUBLIC USE ZONING DISTRICTS [BOARD FILE NO. 140062] - Ordinance amending the Planning Code by amending Sections 234, 234.1, and 234.2, in order to modify and make technical amendments to the provisions of Public Use Zoning Districts, affirming the Planning Department's determination under the California Environmental Quality Act, and making 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 with Modifications
(Continued from Regular Meeting of March 13, 2014)

11a. 2014.0187C (M. WOODS: (415) 558-6315)
2675 GEARY BOULEVARD - south side in its entirety between Masonic Avenue and Lyon Street; Lot 001 in Assessor's Block 1094 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 703.4 to allow a formula retail use at the City Center Shopping Plaza for a Starbucks branded Target Café inside the City Target store (approximately 900 square feet) within a NC-3 (Moderate-Scale Neighborhood Commercial) Zoning District and 40-X/80-D Height and Bulk Districts. A Planning Commission approval at the public hearing would constitute the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).
Preliminary Recommendation: Approve with Conditions

11b. 2014.0192C (M. WOODS: (415) 558-6315)
2675 GEARY BOULEVARD - south side in its entirety between Masonic Avenue and Lyon Street; Lot 001 in Assessor's Block 1094 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 703.4 to allow a formula retail use at the City Center Shopping Plaza for a GNC health and nutrition related products store (approximately 1,200 square feet) within a NC-3 (Moderate-Scale Neighborhood Commercial) Zoning District and 40-X/80-D Height and Bulk Districts. A Planning Commission approval at the public hearing would constitute the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).
Preliminary Recommendation: Approve with Conditions

11c. 2014.0196C (M. WOODS: (415) 558-6315)
2675 GEARY BOULEVARD - south side in its entirety between Masonic Avenue and Lyon Street; Lot 001 in Assessor's Block 1094 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 703.4 to allow a formula retail use at the City Center Shopping Plaza for a Sleep Number specialty mattress store (approximately 3,400 square feet) within a NC-3 (Moderate-Scale Neighborhood Commercial) Zoning District and 40-X/80-D Height and Bulk Districts. A Planning Commission approval at the public hearing would constitute the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).
Preliminary Recommendation: Approve with Conditions

11d. 2014.0233C (M. WOODS: (415) 558-6315)
2675 GEARY BOULEVARD - south side in its entirety between Masonic Avenue and Lyon Street; Lot 001 in Assessor's Block 1094 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 703.4 to allow a formula retail use at the City Center Shopping Plaza for a Chipotle Mexican Grill restaurant (approximately 2,200 square feet) within a NC-3 (Moderate-Scale Neighborhood Commercial) Zoning District and 40-X/80-D Height and Bulk Districts. A Planning Commission approval at the public hearing would constitute the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).
Preliminary Recommendation: Approve with Conditions

11e. 2014.0234C (M. WOODS: (415) 558-6315)
2675 GEARY BOULEVARD - south side in its entirety between Masonic Avenue and Lyon Street; Lot 001 in Assessor's Block 1094 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 703.4 to allow a formula retail use at the City Center Shopping Plaza for a Ulta Beauty store (approximately 10,000 square feet; formerly occupied by Office Depot) within a NC-3 (Moderate-Scale Neighborhood Commercial) Zoning District and 40-X/80-D Height and Bulk Districts. A Planning Commission approval at the public hearing would constitute the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).
Preliminary Recommendation: Approve with Conditions

11f. 2014.0236C (M. WOODS: (415) 558-6315)
2675 GEARY BOULEVARD - south side in its entirety between Masonic Avenue and Lyon Street; Lot 001 in Assessor's Block 1094 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 703.4 to allow a formula retail use at the City Center Shopping Plaza for a Panera Bread restaurant (approximately 4,000 square feet) within a NC-3 (Moderate-Scale Neighborhood Commercial) Zoning District and 40-X/80-D Height and Bulk Districts. A Planning Commission approval at the public hearing would constitute the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).
Preliminary Recommendation: Approve with Conditions

12a. 2014.0103CVX (K. CONNER: (415) 575-6914)
1036 MISSION STREET - north side between 6th and 7th Streets; Lots 079 and 080 in Assessor's Block 3703 - Request for Determination of Compliance pursuant to Planning Code Section 309, with exceptions to the requirements for Rear Yard pursuant to Planning Code Section 134 and Reduction of Ground-Level Wind Currents in C-3 Districts pursuant to Planning Code Section 148 - The proposed project is to construct a nine-story 83-unit 100% affordable housing project with approximately 963 square feet of ground floor retail on two lots currently used as surface parking lots. A similar project larger in scope was entitled in 2009 by the same Project Sponsor and approved by the Planning Commission through Motion Numbers 17875 and 17876. The project site is located within a C-3-G (Downtown General) Zoning District and 120-X Height and Bulk District.
Preliminary Recommendation: Approve with Conditions

12b. 2014.0103CVX (K. CONNER: (415) 575-6914)
1036 MISSION STREET - north side between 6th and 7th Streets; Lots 079 and 080 in Assessor's Block 3703 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 124(f) to allow additional square footage above the base floor area ratio for dwelling units that will be affordable for a minimum of 20 years to households whose incomes are within 150 percent of the median income. The proposed project is to construct a nine-story 83-unit 100% affordable housing project with approximately 963 square feet of ground floor retail on two lots currently used as surface parking lots. A similar project larger in scope was entitled in 2009 by the same Project Sponsor and approved by the Planning Commission through Motion Numbers 17875 and 17876. The project site is located within a C-3-G (Downtown General) Zoning District and 120-X Height and Bulk District.
Preliminary Recommendation: Approve with Conditions

12c. 2014.0103CVX (K. CONNER: (415) 575-6914)
1036 MISSION STREET - north side between 6th and 7th Streets; Lots 079 and 080 in Assessor's Block 3703 - Request for Variances pursuant to Planning Code Sections 305, 135, and 140 to provide less residential open space than is required by the Planning Code and provide 12 units in the subject building that do not meet exposure requirements. The proposed project is to construct a nine-story 83-unit 100% affordable housing project with approximately 963 square feet of ground floor retail on two lots currently used as surface parking lots. A similar project larger in scope was entitled in 2009 and approved by the Zoning Administrator. The project site is located within a C-3-G (Downtown General) Zoning District and 120-X Height and Bulk District.

13a. 2012.1574KX (D. SANCHEZ: (415) 575-9082)
650 INDIANA STREET - west side of Indiana Street, between 18th and 19th Streets; Lot 009 of Assessor's Block 4041 - Request for Adoption of Findings pursuant to Section 295 of the Planning Code regarding a Shadow Study that concluded that the shadow cast by the construction of two five-story, 58-foot tall buildings, proposing up to 1,900 gross square feet of retail use and up to 111 dwelling units, would not be adverse to the use of Esprit Park, land under the jurisdiction of the San Francisco Recreation and Park Department. The property is within a UMU (Urban Mixed Use) District and 58-X Height and Bulk District.
Preliminary Recommendation: Adopt Findings

13b. 2012.1574KX (D. SANCHEZ: (415) 575-9082)
650 INDIANA STREET - west side of Indiana Street, between 18th and 19th Streets; Lot 009 of Assessor's Block 4041 - Request for Large Project Authorization under Planning Code Section 329 and exceptions including rear yard per Planning Code Section 134, dwelling unit exposure per Planning Code Section 140 and horizontal mass reduction per Planning Code Section 270.1 for the proposed construction of two five-story, 58-foot buildings of approximately 122,185 gross square feet, up to 1,900 gross square feet of retail use and up to 111 dwelling units. The property is within a UMU (Urban Mixed Use) District and 58-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

14. 2012.0493X (R. SUCRE: (415) 575-9108)
1201-1225 TENNESSEE STREET - located on the southern portion of the block bounded by 3rd, 23rd, and Tennessee Streets, Lot 022 in Assessor's Block 4172 - Request for a Large Project Authorization, pursuant to Planning Code Section 329, for the new construction of a six-story, residential building (approximately 249,000 gsf) with 259 dwelling units, ground floor corner retail (approximately 2,260 sq ft), 147 off-street parking spaces, 259 Class 1 bicycle parking spaces, and common open space. Under the Large Project Authorization, the project is seeking modifications from the Planning Code requirements for rear yard (Planning Code Section 134), dwelling unit exposure (Planning Code Section 140), off-street loading (Planning Code 152.1), horizontal mass reduction (Planning Code Section 270.1), and accessory use provisions for dwelling units (Planning Code Sections 329(d)(10) and 803.3(b)(1)(c)). The subject property is located within the UMU (Urban Mixed-Use) Zoning District, and 68-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

G. 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.

15a. 2013.0408ADV (R. SUCRE: (415) 575-9108)
354-356 SAN CARLOS STREET - located on the west side of San Carlos Street between 20th and 21st Streets, Lot 093 in Assessor's Block 3609 - Request for Mandatory Discretionary Review, pursuant to Planning Code Section 317, for a merger of two dwelling units. The project would reconfigure the two existing dwelling units, and would enlarge one dwelling unit from approx. 820 sq ft to approx.1677 sq ft, and would reduce one dwelling from approx. 857 sq ft to approx. 380 sq ft. The subject property is located within the RTO-M (Residential, Transit-Oriented-Mission) Zoning District, Liberty-Hill Landmark District, and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.
Preliminary Recommendation: Do Not Take Discretionary Review and Approve

15b. 2013.0408ADV (R. SUCRE: (415) 575-9108)
354-356 SAN CARLOS STREET - located on the west side of San Carlos Street between 20th and 21st Streets, Lot 093 in Assessor's Block 3609 - Request for Rear Yard, Exposure and Non-Complying Structure Variances, pursuant to Planning Code Sections 134, 140 and 188, to construct a one-story horizontal addition with a second-story rear deck, reconfigure two existing dwelling units, and raise the existing building by 18-inches. The subject property is located within the RTO-M (Residential, Transit-Oriented-Mission) Zoning District, Liberty-Hill Landmark District, and 40-X Height and Bulk District.

16. 2013.0314D (J. LOOK: (415) 575-6812)
1110 ASHBURY STREET - east side between Clayton Street and Downey Street; Lot 021 in Assessor's Block 2629 - Request for Discretionary Review of Building Permit Application No. 2013.04.05.3911, proposing to construct a new horizontal addition at front, a vertical addition with roof deck on an existing single-family dwelling structure 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.
Staff Analysis: Full Discretionary Review
Preliminary Recommendation: Do Not Take Discretionary Review and Approve
(Continued from Regular Meeting of April 3, 2014)

17. 2013.1340D (J. LOOK: (415) 575-6812)
1423 OCEAN AVENUE - south side between Granada Avenue and Miramar Avenue; Lot 063 in Assessor's Block 6941 - Request for a Mandatory Discretionary Review, pursuant to Planning Code Section 737.84 and 790.141 in association with Building Permit Application No. 2013.04.23.5179, proposing to establish a Medical Cannabis Dispensary (d.b.a. "Bay Area Compassionate Health Center") on the ground floor of an existing building, this project lies within the Ocean Avenue NCT (Neighborhood Commercial Transit ) Zoning District and within a 45-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

H. 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 - click here]

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.

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:

A thorough description of the issue(s) by the Director or a member of the staff.
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.
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.
Public testimony from proponents of the proposal: An individual may speak for a period not to exceed three (3) minutes.
Public testimony from opponents of the proposal: An individual may speak for a period not to exceed three (3) minutes.
Director’s preliminary recommendation must be prepared in writing.
Action by the Commission on the matter before it.
In public hearings on Draft Environmental Impact Reports, all speakers will be limited to a period not to exceed three (3) minutes.
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.
Public comment portion of the hearing shall be closed and deliberation amongst the Commissioners shall be opened by the Chair;
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:

A thorough description of the issue by the Director or a member of the staff.
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.
Testimony by members of the public in support of the DR would be up to three (3) minutes each.
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.
Testimony by members of the public in support of the project would be up to three (3) minutes each.
DR requestor(s) or their designees are given two (2) minutes for rebuttal.
Project sponsor(s) or their designees are given two (2) minutes for rebuttal.
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

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.

Protest of Fee or Exaction

You may protest any fee or exaction subject to Government Code Section 66000 imposed as a condition of approval in accordance with Government Code Section 66020. The protest must satisfy the requirements of Government Code Section 66020(a) and must be filed within 90 days of the date of the first approval or conditional approval of the development referencing the challenged fee or exaction. For purposes of Government Code Section 66020, the date of imposition of the fee shall be the date of the earliest discretionary approval by the City of the subject development.

The Planning Commission’s approval or conditional approval of the development subject to the challenged fee or exaction as expressed in its Motion, Resolution, or Discretionary Review Action or the Zoning Administrator’s Variance Decision Letter will serve as Notice that the 90-day protest period under Government Code Section 66020 has begun.

Last updated: 4/25/2014 3:58:35 PM

May 1, 2014

SAN FRANCISCO PLANNING COMMISSION