June 5, 2014 - - Amended

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.                   2013.0936UT                                                                                                            (K. BURNS: (415) 575-9112)

FORMULA RETAIL AND LARGE-SCALE RETAIL CONTROLS - ​The Planning Commission will consider a draft Ordinance amending the Planning Code to amend the definition of formula retail to include businesses that have 20 or more outlets worldwide; expand the applicability of formula retail controls to other types of uses; require Conditional Use Authorization for formula retail establishments in the C-3-G district with facades facing Market Street, between 6^th Street and Van Ness Avenue; expand the applicability of formula retail controls to create a new administrative review process for the authorization of a new formula retail operator at a parcel that had previously received a Conditional Use Authorization for the same formula retail use type and size, which will include new notification procedures, performance standards, and a process for requiring Conditional Use Authorization when the performance standards are not met or upon request; remove the requirement for Conditional Use authorization when a formula retail establishment changes operator but remains the same size and use category and instead; require the new administrative review; amend the Conditional Use criteria for Large-Scale Retail Uses to require an economic impact study and establish new fees for said study; and adopting findings, including environmental findings, Section 302 findings and findings of consistency with the General Plan and Planning Code Section 101.1.​

(Proposed for Continuance to July 17, 2014)

               

2.             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 May 1, 2014)

(Proposed for Continuance to July 17, 2014)

 

 

 

 

B.         CONSENT CALENDAR

 

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

 

                3.             2014.0514Q                                                                                        (M. BOUDREAUX: (415) 575-9140)

3520-3524 17^TH STREET -  cross streets Guerrero and Dolores; Lot 014 in Assessor’s Block 3567 - Request for Condominium Conversion Subdivision to convert a three-story-over-garage, three-unit building and a two-story, two-unit building into five residential condominiums within a RM-1 (Mixed, Apartments and Houses, Low 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.

Preliminary Recommendation:  Approve

 

4.             2014.0489C                                                                                                    (T. CHANG:  (415) 575-9197)

1011 GARFIELD STREET - south side of Garfield Street at Beverly Street; Lot 001 in Assessor’s Block 7000 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 204.2, 209.3 and 302, to legalize an existing childcare facility providing less than 24-hour care for 15 or more children within a RH-1 (Residential, House – One-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

                Preliminary Recommendation: Approve with Conditions

 

C.         COMMISSION MATTERS

 

5.             Consideration of Adoption:

·         Draft Minutes for May 15, 2014

·         Draft Minutes for May 22, 2014

 

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.

 

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

 

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.  Each member of the public may address the Commission for up to three 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.             2013.0154E                                                                                                         (E. PURL: (415) 575-9028)

MOSCONE CENTER EXPANSION PROJECT - North and South Sides of Howard Street between Third and Fourth Streets; Lot 115 in Assessor’s Block 3723 and  Lot 091 in Assessor’s Block 3734 - Public Hearing on the Draft Environmental Impact Report. The proposed Moscone Center Expansion Project would increase the gross square footage of the Moscone Center convention facility by about 20 percent, from approximately 1.2 million square feet to 1.5 million square feet. New construction would be primarily above grade both north and south of Howard Street in buildings up to approximately 95 feet tall. Additional space would be created by excavating and expanding the existing below-grade exhibition halls that connect the Moscone North and South buildings. The proposed project would also reconfigure the existing below-grade loading facilities and at-grade bus pick-up and drop off facilities on Howard Street, create two pedestrian bridges spanning Howard Street, connecting Moscone North and South at the second level above grade, and include improvements to the Children’s Garden south of Howard Street. The existing convention uses would continue following project completion. Both parcels on which the Moscone Center is located are within the Downtown Commercial Support District and a 340-I Height and Bulk District.

NOTE: Written comments will be accepted at the Planning Department until 5:00 p.m. on June 16, 2014.

Preliminary Recommendation: None – Public Hearing on DEIR

 

10.          2006.1308EMTZW                                                                                        (C. FLORES: (415) 558-6473)

VISITACION VALLEY/SCHLAGE LOCK PROJECT - The Special Use District (SUD) is located in the southeast corner of San Francisco immediately to the north of the San Francisco / San Mateo County Line, generally bounded to the south by the City of Brisbane in San Mateo County, to the west by Bayshore Boulevard and Cora Street; to the east by Tunnel Avenue; and to the north by Blanken Avenue and Arleta Avenue (Assessor’s Block/Lot No.’s AB 5066B / 003, 004, 004a, 005, 006, 007, 008, 009; AB 5087/003, 003a, 004, 005;  AB 5099/014;  AB 5100/ 002, 003,007,010 AB 5101/006, 007; AB 5102 / 009, 010;  AB 5107/001, 003, 004, 005; AB 6233/048, 055; AB 6248/002, 045; AB 6249/001, 002, 002A, 016, 017, 018, 019, 020, 021, 022, 023, 024, 025, 026, 027, 028, 029, 030, 031, 032, 033, 034, 035, 036; AB 6308/001, 001a, 001d, 002, 002b, 003; 6309B/001, 002, 018). The project proposes to, within Zone 1 of the SUD, construct up to 1,679 new residential units, provide up to 46,700 square feet of new commercial and retail services, provide new open spaces, and new infrastructure within the development site to be built in a phases. New buildings on the site would range in height from 57 feet to 86 feet. Neighborhood-serving retail would be concentrated near the extension of Leland Avenue and close to Bayshore, along which the T-Third rail line runs. A new grocery store, new streets, infrastructure and other amenities (e.g. sustainable features, pedestrian improvements.) would also be provided on the Project Site. Infrastructure improvements would include the installation of sustainable features, such storm water management. In addition to these new parks, the Project would provide significant additional open space in the form of private or semi-private open space areas such as outdoor courtyards, roof decks, and balconies. 

10a.        2006.1308EMTZW                                                                                       (C. FLORES: (415) 558-6473)

Request for Planning Code Text Amendments pursuant to Planning Code Section 302 to: (1) amend Planning Code Section 249.45, the “Visitacion Special Use District” related to the Schlage Lock Development Project as described above.  Request for Planning Code Map Amendments pursuant to Planning Code Section 302 to: (1) amend Zoning Map ZN10 to designate certain parcels in Zone 1 as Mixed Use General (MUG) zoning; and (2) amend Zoning Map HT10 to reclassify the height limits within the project site according to the proposed project, related to the Schlage Lock Development Project as described above.  Request for General Plan Amendment pursuant to Planning Code Section 340 to amend the Urban Design Element Map 4 and Map 5; the Commerce and Industry Element Map 1, Map 2, Map 4, Map 5; the Transportation Element Map 6); and the Land Use Index to make conforming changes to facilitate the development of the project, related to the Schlage Lock Development Project as described above. The Planning Commission will consider a resolution recommending these Planning Code, Zoning Map and General Plan Amendments to the Board of Supervisors; and will also consider 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: Recommend approval with modifications of the Planning Code, Zoning Map and General Plan Amendments to the Board of Supervisors.

10b.        2006.1308EMTZW                                                                                         (C. FLORES: (415) 558-6473)

The Project Site is located on approximately 20 acres of land in the southeast corner of San Francisco immediately to the north of the San Francisco / San Mateo County Line, generally bounded to the south by the City of Brisbane in San Mateo County, to the west by Bayshore Boulevard; to the east by Tunnel Avenue; and to the north by Blanken Avenue and Arleta Avenue (Assessor’s Block/Lot No.’s 5107-001, 5087-003A, 5100-002, 5102-009, 5087-003, 5101-006, 5100-003, 5099-014, 5101-007, and 5100-010) – Request for Approval of a Development Agreement pursuant to Chapter 56 of the San Francisco Administrative Code between Visitacion Development, LLC. and the City and County of San Francisco, related to the Schlage Lock Development Project as described above.

Preliminary Recommendation: Recommend approval with modifications of the Development Agreement to the Board of Supervisors.

11.          2010.0726X                                                                                                              (D. VU: (415) 575-9120)

2051 3^RD STREET -  east side between Mariposa and 18th Streets; Lots 001B, 001C, and 006 in Assessor’s Block 3994 - Request under Planning Code Section 329 for Large Project Authorization and exceptions including rear yard per Planning Code Section 134 and open space per Planning Code Section 135, for the proposed construction of a new six-story, 68-foot building consisting of up to 93 dwelling units including 2,165 square feet of flex space, and up to 74 off-street parking 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: Approval with Conditions

 

12.          2013.0227C                                                                                            (G. CABREROS:  (415) 558-6169)

2101-2155 WEBSTER STREET - between Clay and Sacramento Streets; Lots 016, 017, 018, 021C, 034, 037, 038, 039 and 040 in Assessor’s Block 0629 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 304, for Bulk Exceptions from the “F” Bulk District and to authorize a Planned Unit Development (PUD) on a lot containing approximately 48,000 square feet, proposing 76 dwelling units by converting the existing 8-story, institutional building (formerly University of the Pacific, Arthur A. Dugoni School of Dentistry) to a 66-unit, 10-story residential building and the new construction of 10 new townhouse units at the adjacent surface parking lot fronting onto Clay and Sacramento Streets.  The project site is located within a RM-1 (Residential, Mixed, Low Density) Zoning District and 160-F Height and Bulk District.  This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

                Preliminary Recommendation: Approve with Conditions

 

13.          2014.0202C                                                                                         (M. BOUDREAUX: (415) 575-9140)

1525 SLOAT BOULEVARD - cross streets Clearfield and Everglade Drives; Lot 002 in Assessor’s Block 7255 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 703.4 to establish a formula retail beauty supply store (d.b.a. Sally Beauty Supply) within the Lakeshore Plaza NC (Special Use District), a NC-S (Neighborhood Commercial, Shopping Center) Zoning District, and 26-40-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

 

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

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.

 

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.