August 14, 2014 - Corrected

 

ROLL CALL:                                                                         

                                            President:                                Cindy Wu

                                            Vice-President:                      Rodney Fong

                                            Commissioners:                    Michael J. Antonini; Rich Hillis; Christine Johnson

                                                                                                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.                   2011.0408C                                                                                                      (R. SUCRÉ: (415) 575-9108)

320-400 PAUL AVENUE - located at the north side of Paul Avenue between San Bruno Avenue and 3^rd Street, Lots 014 & 015 in Assessor’s Block 5431A - Request for Conditional Use Authorization, pursuant to Planning Code Section 209.6(c), 227(r) and 303, to establish an Internet Services Exchange (ISE). The proposal would rehabilitate the historic office building and industrial building at 320 and 350 Paul Avenue (measuring together approximately 55,760 gsf) and construct a new two- to three-story rear addition (approximately 187,246 gross square feet). The proposal also includes up to 80 off-street parking spaces, as well as public realm improvements. The subject property is located within the PDR-2 (Core Production, Distribution and Repair - Bayview) Zoning District and a 65-J Height and Bulk District.

(Proposed for Continuance to September 11, 2014)

 

2a.          2013.0627BC                                                                                                   (R. SUCRE: (415) 575-9108)

660 3^rd 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 May 1, 2014)

                NOTE: On May 1, 2014, After being pulled off of Consent, closing public comment and a Motion to Approve with Conditions failed to receive a Second; the matter was Continued to June 12, 2014 by a vote of +6 -1 (Sugaya against).

(Proposed for Continuance to September 11, 2014)

 

2b.          2013.0627BC                                                                                                    (R. SUCRE: (415) 575-9108)

660 3^RD 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 May 1, 2014)

            NOTE: On May 1, 2014, After being pulled off of Consent, closing public comment and a Motion to Approve with Conditions failed to receive a Second; the matter was Continued to June 12, 2014 by a vote of +6 -1 (Sugaya against).

(Proposed for Continuance to September 11, 2014)

 

3.                   2012.0678EIKUVX                                                                         (E. WATTY: (415) 558-6620)

19-25 MASON STREET (AKA 2-16 TURK STREET) - northwest corner of Mason and Turk Streets; Lots 002, 005, 006 in Assessor’s Block 0340 - Request for Determination of Compliance pursuant to Planning Code Section 309, with exceptions to the requirements for “Rear Yard” (Section 134), "Reduction of Ground-Level Wind Currents in C-3 Districts" (Section 148), and “Residential Accessory Parking” (Section 151.1(f)). The proposed project would remove an existing surface parking lot and construct a new, 12-story, 112,600 gsf, mixed-use building, with 109 dwelling units, 52 off-street parking spaces, and approximately 2,400 sf of ground-floor retail space.  The project site is located within the C-3-G (Downtown General) Zoning District and the 120-X Height and Bulk District.

(Proposed for Continuance to September 18, 2014)

 

4.                   2011.1388E                                                                                                    (K. UCHIDA: (415) 575-9048)

110 THE EMBARCADERO/115 STEUART STREET - through-lot fronting the west side of The Embarcadero and east side of Steuart Street between Mission and Howard Streets, Lot 002 in Assessor’s Block 3715- Appeal of Preliminary Mitigated Negative Declaration for: 1) vertical addition of a third story, roof deck, and circulation penthouse to the existing two-story-over-basement, 19,374 square-foot vacant building - a net increase of 4,445 square feet, raising the building’s height from 35 feet to 51 feet; 2) replacement of the Embarcadero façade; and 3) rehabilitation of the building for office and assembly use, to house functions for the Commonwealth Club of California.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

(Proposed for Continuance to September 18, 2014)

 

5.                   2014.0756D                                                                                                        (J.SPEIRS: (415) 575-9106)

1912 20^th STREET - on the north side between De Haro and Carolina Streets; Lot 014 in Assessor’s Block 4071 - Request for Discretionary Review of Building Permit Application No. 2013.02.11.9939, proposing to construct a new 6-story, two family dwelling on a down-sloping vacant lot within a RM-1 (Residential – Mixed –Low Density) 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: Pending

(Proposed for Continuance to October 9, 2014)

 

6.                   2013.1220E                                                                                               (T. JOHNSTON: (415) 575-9035)

PACIFIC ROD AND GUN CLUB UPLAND SOIL REMEDIAL ACTION PROJECT - The project site is located at 520 John Muir Drive in San Francisco - Appeal of Preliminary Mitigated Negative Declaration for: The San Francisco Public Utilities Commission (SFPUC) proposal to implement the Pacific Rod and Gun Club Upland Soil Remedial Action Plan (the “project”), which would clean up soil contamination at the Pacific Rod and Gun Club (PRGC), located on the southwest side of Lake Merced in San Francisco, California. Soil contamination is the result of the former use of lead shot and clay targets made with asphaltic materials at the skeet and trap shooting ranges. The SFPUC prepared the PRGC Remedial Action Plan (RAP) in response to a Cleanup Order issued by the California Regional Water Quality Control Board, San Francisco Bay Region (RWQCB). The project consists of excavation and appropriate off-site disposal of up to 46,500 cubic yards of soils containing elevated concentrations of lead and polycyclic aromatic hydrocarbons (PAHs) and backfilling of excavated areas with clean fill material.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration             

                (Proposed for Continuance to October 23, 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

 

7.                   2014.0668C                                                                                                     (T. CHANG: (415) 575-9197)

3463 - 16^th STREET - southeast corner of 16^th and Dehon Streets; Lot 079 in Assessor’s Block 3565 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 182, 186, 303 and 721.44, to convert an existing limited-restaurant to a restaurant (d.b.a. Café Sophie). The restaurant is proposed within ¼ mile of the Upper Market Street Neighborhood Commercial District which is located in a RM-1 (Residential, Mixed, Low Density) 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

 

8a.          2014.0987CV                                                                                                 (O. MASRY: (415) 575-9116)

5421 GEARY BOULEVARD - along the south side of Geary Boulevard, between 18^th and 19^th Avenues, Lot 034 in Assessor’s Block 1526 - Request for Conditional Use Authorization under Planning Code Sections 303 and 712.83, to modify a wireless telecommunications services (WTS) facility operated by AT&T Mobility.  The proposed macro WTS facility modification would relocate screened electronic equipment cabinets from a previously approved, but not yet constructed, location at 5411 Geary Boulevard, to the 2^nd floor rear yard area of the Subject Building at 5421 Geary Boulevard. The rear deck area would be enlarged to provide additional usable open space. The receiving and transmitting antennas would remain in place at 5411 Geary Boulevard. The facility is proposed on a Location Preference 5 Site (Mixed-Use Building in a High-Density District) within a NC-3 (Neighborhood Commercial, Moderate-Scale) 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 with Conditions

 

8b.          2014.0987CV                                                                                                 (O. MASRY: (415) 575-9116)

5421 GEARY BOULEVARD - along the south side of Geary Boulevard, between 18^th and 19^th Avenues, Lot 034 in Assessor’s Block 1526 - Request for Variances pursuant to Planning Code Sections 134 and 135, to modify a wireless telecommunications services (WTS) facility operated by AT&T Mobility.  The proposed macro WTS facility modification would relocate screened electronic equipment cabinets from a previously approved, but not yet constructed, location at 5411 Geary Boulevard, to the 2^nd floor within the required rear yard area of the Subject Building at 5421 Geary Boulevard. The rear deck area would be enlarged to provide additional usable open space. The receiving and transmitting antennas would remain in place at 5411 Geary Boulevard. The facility is proposed on a Location Preference 5 Site (Mixed-Use Building in a High-Density District) within a NC-3 (Neighborhood Commercial, Moderate-Scale) Zoning District, and 40-X Height and Bulk District.

 

C.         COMMISSION MATTERS

 

9.             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

 

10.          Director’s Announcements

               

11.          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.

 

12.          2013.0154E                                                                                                         (E. PURL: (415) 575-9028)

747 HOWARD STREET (AKA 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 - Certification of the Final 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 340-I Height and Bulk District.

NOTE: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on June 16, 2014. Public comment will be received when the item is called during the hearing, but may not be responded to in writing.

Preliminary Recommendation: Certify the Final EIR

 

13a.        2013.0154EKRVX                                                                                          (E. WATTY: (415) 558-6620)

747 HOWARD STREET (aka MOSCONE CENTER EXPANSION PROJECT) - on Howard Street between Third and Fourth Streets; Lot 091 in Assessor's Block 3734 and Lot 115 in Assessor’s Block 3723 – Adoption of Findings under the California Environmental Quality Act.  The proposed project is to make a below grade expansion of the convention center’s exhibition halls, above grade expansions of Moscone North, South, and Esplanade Ballroom, construction of two pedestrian bridges over Howard Street, improvements to the Yerba Buena Children’s Garden Improvements, and improvements to the public realm throughout, and adjacent to, the site, including changes to the off-street loading access along Third Street. The project site is located in the C-3-S (Downtown Support) Zoning District and 340-I Height and Bulk District.

Preliminary Recommendation: Adopt CEQA Findings

 

13b.        2013.0154EKRVX                                                                                          (E. WATTY: (415) 558-6620)

747 HOWARD STREET (aka MOSCONE CENTER EXPANSION PROJECT) - on Howard Street between Third and Fourth Streets; Lot 091 in Assessor's Block 3734 and Lot 115 in Assessor’s Block 3723- Request for Determination of Compliance pursuant to Planning Code Section 309, with exceptions to the requirements for Section 148 (Reduction of Ground-Level Wind Currents in C-3 Districts), Section 155(r) (Access to Off-Street Loading), and Section 155(s) (Width of Off-Street Loading Openings). The proposed project is to make a below grade expansion of the convention center’s exhibition halls, above grade expansions of Moscone North, South, and Esplanade Ballroom, construction of two pedestrian bridges over Howard Street, improvements to the Yerba Buena Children’s Garden Improvements, and improvements to the public realm throughout, and adjacent to, the site, including changes to the off-street loading access along Third Street.The project site is located in the C-3-S (Downtown Support) Zoning District and 340-I Height and Bulk District.

Preliminary Recommendation:  Approve with Conditions

 

13c.        2013.0154EKRVX                                                                                          (E. WATTY: (415) 558-6620)

747 HOWARD STREET (aka MOSCONE CENTER EXPANSION PROJECT) - on Howard Street between Third and Fourth Streets; Lot 091 in Assessor's Block 3734 and Lot 115 in Assessor’s Block 3723 - Consideration of the General Plan Referral relating to the determination that the Moscone Center Expansion Project would be consistent with the Objectives and Policies of the General Plan and the Priority Policies of Planning Code Section 101.1.

Preliminary Recommendation: Approve

 

13d.        2013.0154EKRVX                                                                                          (E. WATTY: (415) 558-6620)

747 HOWARD STREET (aka MOSCONE CENTER EXPANSION PROJECT) - on Howard Street between Third and Fourth Streets; Lot 091 in Assessor's Block 3734 and Lot 115 in Assessor’s Block 3723 – Request for Variances, pursuant to Planning Code Section 145.1, in order to allow non-active uses along the Third and Howard Street frontages of Moscone South, and to allow less fenestration transparency than required along the Third Street frontage of Moscone South. The proposed project is to make a below grade expansion of the convention center’s exhibition halls, above grade expansions of Moscone North, South, and Esplanade Ballroom, construction of two pedestrian bridges over Howard Street, improvements to the Yerba Buena Children’s Garden Improvements, and improvements to the public realm throughout, and adjacent to, the site, including changes to the off-street loading access along Third Street. The project site is located in the C-3-S (Downtown Support) Zoning District and 340-I Height and Bulk District.

 

14.          2010.0043X                                                                                                      (R. SUCRÉ: (415) 575-9108)

490 SOUTH VAN NESS AVENUE - located at the northwest corner of 16^th and South Van Ness Avenue, Lot 008 in Assessor’s Block 3553 - Request for a Large Project Authorization, pursuant to Planning Code Section 329 for the new construction of a seven-story residential building (approximately 91,611 gsf) with 72 dwelling units, ground-floor corner retail (approximately 655 sq ft), 48 off-street parking spaces, 83 Class 1 bicycle parking spaces, and common open space. Under the LPA, the project is seeking a modification of the requirements for: 1) rear yard (Planning Code Section 134); 2) permitted obstructions over streets, alleys, setbacks, yards and useable open space (Planning Code Section 136); 3) dwelling unit exposure (Planning Code Section 140); and, 4) 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

                        (Continued from Regular Meeting of July 10, 2014)

 

15.          2012.1218X                                                                                              (D. SÁNCHEZ:  (415) 575-9082)

645 TEXAS STREET - east side between 22^nd and Sierra Streets; Lot 026 in Assessor’s Block 4102 - Request for Large Project Authorization, pursuant to Planning Code Section 329 to construct a five-story mixed use building, approximately 133,300 square feet in total, with up to 91 dwelling units and approximately 600 square feet of ground floor retail.  The project is seeking exceptions, pursuant to Planning Code Section 329, from the Front Setback requirement (Planning Code Section 132), Rear Yard requirement (Planning Code Section 134), the Dwelling Unit Exposure requirement (Planning Code Section 140), the Street Frontages requirement (Planning Code Section 145.1), the Off-Street Parking requirement (Planning Code Section 151.1) and to the measurement of height per Planning Code Section 102.12, 260.  The project is within the Mixed Use Residential (MUR) 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

 

16.          2014.0704C                                                                                                 (E. JACKSON: (415) 558-6363)

2369 MISSION STREET - east side of Mission Street, between 19^th and 20^th Streets; Lot 024 in Assessor’s Block 3595 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 703.4(b) of the Planning Code to permit a formula retail use (d.b.a. T-Mobile) located within the Mission Street NCT (Neighborhood Commercial Transit) Zoning District, and 55-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

 

17a.        2013.0385CV                                                                                                      (J. LOOK: (415) 575-6812)

1566 32^nd AVENUE - east side, between Kirkham Street and Lawton Street; Lot 034 in Assessor’s Block 1877 - Request for a Conditional Use Authorization pursuant to Planning Code Section 303 and 209.3(f) to request a change of use from a single family dwelling unit to a child care facility (per Planning Code Section 209.3(f)), d.b.a. “San Francisco Montessori Academy”. The subject 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:  Approve with Conditions

 

17b.        2013.0385CV                                                                                                      (J. LOOK: (415) 575-6812)

1566 32^nd AVENUE - east side, between Kirkham Street and Lawton Street; Lot 034 in Assessor’s Block 1877 - Request for a Variance from Planning Code Section 150 (off-street parking requirements). The subject property is located within a RH-1 (Residential-House, Single-Family) Zoning District, and 40-X Height and Bulk District.

 

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.

 

18a.        2013.0051D                                                                                                         (J.LOOK: (415) 575-6812)

174 27^th STREET - north side of 27^th Street between Dolores Street and Guerrero Street; Lot 023 in Assessor’s Block 6577 - Mandatory Discretionary Review, pursuant to Planning code Section 317(d) of Demolition Permit application No. 2013.12.27.5137, proposing to demolish a 1551 square foot single – family dwelling within an RH-2 (Residential, House – Two-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve  

  

 

18b.        2013.1715DV                                                                                                      (J. LOOK: (415) 575-6812)

174 27^th Street - north side of 27^th Street between Dolores Street and Guerrero Street; Lot 023 in Assessor’s Block 6577 - Mandatory Discretionary Review, pursuant to Planning Code Section 317, of Building Permit Application No. 2013.12.27.5135, proposing to construct a new single family dwelling unit. The property is located within a RH-2 (Residential House, Two-Family) Zoning District and 40-X Height and Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

 

18c.        2013.1715DV                                                                                                      (J. LOOK: (415) 575-6812)

174 27^th STREET - north side of 27^th  Street between Dolores Street and Guerrero Street; Lot 023 in Assessor’s Block 6577 - Request for a Variance from the front setback requirements (Planning Code Section 132) for the proposed new construction of a single family dwelling unit. The property is located within a RH-2 (Residential House, Two-Family) Zoning District and 40-X Height and Bulk District.

 

19.          2013.1620D                                                                                                     (K. BURNS: (415) 575-9112)

812 – 814 GREEN STREET –north side of Green Street, between Mason and Taylor Streets; Lot 010 in Assessor’s Block 0119 – Mandatory Discretionary Review, pursuant to Planning Code Section 317(e), of Building Permit Application No. 2013.11.06.1249, proposing to make interior modifications to merge two dwelling units into one unit, resulting in the elimination of one unit in an existing three unit building within a RM-2 (Residential-Mixed, Moderate Density) Zoning District and 40-X Height and Bulk District.  This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Take Discretionary Review and Disapprove

 

20.          2014.0786D                                                                                                    (K. BURNS: (415) 575-9112)

1840  1804 MASON STREET - at the northeast corner of Mason Street and Union Street; Lots 048-050 in Assessor’s Block 0101 - Request for Discretionary Review of Building Permit Application No. 2013.10.22.9927, proposing to construct a roof deck with a cornice parapet, windscreen and stair penthouse on an existing three-story, two family dwelling over commercial structure within a RM-2 (Residential – Mixed, Moderate Density) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Abbreviated Analysis

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

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.