May 13, 2004

SAN FRANCISCO
PLANNING COMMISSION

Notice of Meeting
&
Calendar

Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, May 13, 2004
1:30 PM
Regular Meeting

President: Shelley Bradford Bell
Vice-President: Sue Lee
Commissioners: Michael J. Antonini; Rev. Edgar E. Boyd; Kevin Hughes,
William L. Lee

Commission Secretary: Linda D. Avery

Commission Calendars are available on the Internet at http://www.sfgov.org/planning
or as a recorded message at (415) 558-6422.

To view the hearing in progress on the Internet: http://www.sfgov.org/sfgtv

THE AGENDA PACKET IS AVAILABLE FOR REVIEW AT THE PLANNING DEPARTMENT
1660 MISSION STREET, 5TH FLOOR RECEPTION

Commission Meeting Procedures

Material submitted by the public for Commission review prior to a scheduled hearing should be received by the Planning Department reception counter at 1660 Mission Street, 5th floor, no later than 5:00 PM the Wednesday (eight days) prior to the scheduled public hearing. Persons unable to attend a hearing may submit written comments regarding a calendared item to: Planning Commission, 1660 Mission Street, Suite 500, San Francisco, CA 94103-2414. Comments received by 11:00 AM on the day of the hearing will be made part of the official record and will be brought to the attention of the Planning Commission at the public hearing. Otherwise, submit material related to a calendared item at the scheduled hearing for distribution. For complete distribution to all Commissioners, necessary staff and case/docket/correspondence files, submit an original plus 10 copies. When sending e-mail correspondence to Commissioners, please copy the Commission Secretary at: linda.avery@sfgov.org

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.

Commission action on conditional-uses and reclassification may be appealed to the Board of Supervisors within 30 days. Call (415) 554-5184 for more information. Commission actions after Discretionary Review may be appealed to the Board of Appeals within 15 days of action by the Central Permit Bureau. Call (415) 575-6880 for more information. Zoning Administrator action on a variance application may be appealed to the Board of Appeals within 10 days of issuance of the written decision.

The Commission has instituted a policy that, in most cases, they will not call an item for consideration after 10:00 PM. If an item is scheduled but not called or introduced prior to 10:00 PM, the Commission may continue the matter to the next available hearing. Items listed on this calendar will not be heard before the stated time.

Cell Phone and/or Sound-Producing Electronic Devices Usage at Hearings

Effective January 21, 2001, the Board of Supervisors amended the Sunshine Ordinance by adding the following provision: The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices (67A.1 Prohibiting the use of cell phones, pagers and similar sound-producing electronic devices at and during public meetings).

For more information related to Planning Commission matters, please call Linda D. Avery, Commission Secretary, at (415) 558-6407.

San Francisco Lobbyist Ordinance

Attention: Individuals and entities that influence or attempt to influence local legislative or administrative action my 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 Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; and web site http//www.sfgov.org/ethics.

Accessible Meeting Policy

Hearings are held at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 400, fourth floor, San Francisco, CA. The closest accessible BART station is the Civic Center station located at the intersection of Market, Hyde and Grove Streets. Accessible curbside parking has been designated at points along McAllister Street. Accessible MUNI lines serving City Hall are the 9 San Bruno and 71 Haight/Noriega and the F Line. Accessible MUNI Metro lines are the J, K, L, M, and N. For more information regarding MUNI accessible services, call (415) 923-6142. Requests for American sign language interpreters, sound enhancement systems and/or language translators will be available upon request by contacting Lulu Hwang at (415) 558-6318 at least 48 hours prior to a hearing. A sound enhancement system will be available upon request at the meetings. Please contact Services for the Deaf and Hearing Impaired at 557-5533 (TDD) or 557-5534 (Voice) at least 48 hours prior to the meeting. Late requests will be honored if possible. A person who is deaf or hearing impaired may gain meeting information prior to the meeting by calling 557-4433 (TDD) or 557-4434 (Voice). In addition, the California Relay Service can be used by individuals with hearing and speech impairrments by calling 1-800-735-2929 (TDD) or 1-800-735-2922 (Voice). Minutes of the meetings are available in alternative formats. If you require the use of a reader during the meeting, please contact the Library for the Blind and Print Handicapped at 292-2022 at least 48 hours in advance of need. Accessible seating for persons with disabilities (including those using wheelchairs) will be available at meetings. Individuals with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In order to assist the City's efforts to accommodate such people, attendees at public meetings are reminded that other attendees may be sensitive to various chemical-based products. Please help the City to accommodate these individuals.

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.

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 Donna Hall, Administrator, 1 Dr. Carlton B. Goodlett Place, Room 409, by phone at (415) 554-7724, by fax at (415) 554-7854 or by E-mail at Donna_Hall@ci.sf.ca.us.

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.sfgov.org/bdsupvrs/sunshine..

COMMUNICATIONS

Note: Each item on the Consent or Regular calendar may include the following documents:

1) Planning Department Case Executive Summary

2) Planning Department Case Report

3) Draft Motion or Resolution with Findings and/or Conditions

4) Public Correspondence

These items will be available for review at the Planning Department, 1660 Mission St., 5th floor reception.

1:30 PM _________

ROLL CALL: Commission President: Shelley Bradford Bell

Commission Vice-President: Sue Lee

Commissioners: Michael J. Antonini; Rev. Edgar E. Boyd; Kevin Hughes; William L. Lee

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. 2004.0058D (D.SIROIS: ( 415) 558-6313)

1430 43^RD AVENUE - east side, between Kirkham & Judah, Lot 038, Assessor's Block 1811 - Request for Discretionary Review of building permit application no. 2003.09.04.3873 seeking to construct a vertical addition and lateral addition on an existing single-family dwelling in an RH-1 (Residential House, Single-Family) District and in a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve permit with modifications.

(Proposed for Continuance to May 27, 2004)

2a. 2003.0304E (J. NAVARRETE: (415) 558-5975)

829 FOLSOM STREET - New Construction of 69 Residential Units: Appeal of Preliminary Negative Declaration. The proposed project is new construction of 69 residential units in a nine-story, 80-foot tall, approximately 92,900 gross square-foot building covering a 10,313 square-foot site. A public parking lot currently occupies the project site, which would be demolished. About 63 parking spaces would be located in a basement-parking garage with parking entrances/exits on Shipley Street. There would be about 5,000 sq. ft. of ground floor retail space on Folsom Street. Pedestrian access would be on Shipley and Folsom Streets. The proposed project would require Conditional Use authorization for the project's proposed height above 40 feet. The project site is lot 91 in Assessor's Block 3752, on the south side of Folsom Street with street frontage also on Shipley Street, between Fourth and Fifth Street, within a South of Market Residential/Service District (SOM RSD) and a 40-X/85-B Height and Bulk District.

Preliminary Recommendation: Uphold the Preliminary Negative Declaration

(Continued from Regular Meeting of April 22, 2004)

(Proposed for Continuance to May 27, 2004)

2b. 2003.0304CV (J. PURVIS: (415) 558-6354)

829 FOLSOM STREET - south side between 4th and 5th Streets, a through lot to Shipley Street; Lot 091 in Assessor's Block 3752 - Request for Conditional Use authorization under Planning Code Sections 157, 207.5, 263.11, and 271 to construct an 85-foot-tall, nine-story building exceeding bulk limits, for a mixed-use development with up to 70 dwelling units, up to 5,000 gross square feet of ground floor retail commercial space, and a 62-space parking garage exceeding accessory amounts. A rear yard modification is sought under Section 134(e) to provide rear yard open space within an inner court and on a 7^th floor setback of 10-15 feet along Shipley Street.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of April 22, 2004)

(Proposed for Continuance to May 27, 2004)

2c. 2003.0304CV (J. PURVIS: (415) 558-6354)

829 FOLSOM STREET - south side between 4th and 5th Streets, a through lot to Shipley Street; Lot 091 in Assessor's Block 3752 - The proposal is to construct a mixed-use development with up to 70 dwelling units, up to 5,000 gross square feet of ground floor commercial space and a 62-space parking garage. A rear yard modification is sought under Section 134(e) to provide rear yard open space within an inner court and on a 7th floor setback of 10-15 feet along Shipley Street. Variances are sought from the bay window projection limitations of Section 136(c)(2)(B) and from dwelling unit exposure requirements of Section 140(a)(2). The site is within an RSD (Residential/Service) Mixed-Use District, and a 40-X/85-B Height and Bulk District.

(Continued from Regular Meeting of April 22, 2004)

(Proposed for Continuance to May 27, 2004)

3. 2004.0216D (S. SNYDER: (415) 558-6543)

9 RHODE ISLAND STREET - East side between Southern Heights Avenue and 22nd Streets; Lot 44 in Assessor's Block 4095 - Request for Discretionary Review of Building Permit Application No. 2003.10.29.8840, proposing to raise the walls and create a gable roof on a dwelling in an RH-2 (House, Two Family) District, and a 40-X Height and Bulk District.

Peliminary Recommendation: Do not take DR and approve revised building permit application as submitted.

(Proposed for Continuance to May 27, 2004)

4 2004.0163D (G. NELSON: (415) 558-6257)

2244 STEINER STREET - east side between Clay and Sacramento Streets; Lot 025 in Assessor's Block 0630 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of Dwelling Unit Mergers, of Building Permit Application 2004.01.12.3872, proposing to convert a three-family dwelling to a single-family dwelling in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the application as submitted.

(Proposed for Continuance to June 3, 2004)

5 2003.0587HXVLU (A. LIGHT: (415) 558-6254)

938-942 MARKET STREET - north side between Mason and Cyril Magnin Streets (also fronting on the east side of Mason Street between Market and Eddy Streets (the lot and structure are L-shaped)), Lot 5, in Assessor's Block 341 - Request for 1) a Permit to Alter under Article 11 for a substantial increase in height to a Category I Building; 2) a Determination of Compliance under Section 309 of the Planning Code to permit an one-story vertical addition, historic façade rehabilitation, and conversion of existing office space to approximately 34 residential dwelling units, with an exception to the Planning Code rear yard requirements; 3) the granting of residential open space, dwelling unit exposure, and parking variances; 4) recommendation to the Board of Supervisors for conditional designation as San Francisco Landmark No. 244; and 5) recommendation to the Board of Supervisors for conditional approval of a conditional Mills Act Contract; all for the subject property, which is in the C-3-G Zoning District and a 110-X Height and

Bulk District. The Zoning Administrator will hear the variance application concurrently with the Planning Commission.

(Continued from Regular Meeting of April 22, 2004)

(Proposed for Continuance to June 3, 2004)

6 2003.0053E (L. KIENKER: (415) 558-5970)

520 CHESTNUT STREET - Construction of 20-Unit Residential Building: - Appeal of Preliminary Negative Declaration. North side between Powell and Mason Streets, Lot 009 of Assessor's Block 0052. The proposed project is construction of a 57,393-gross-square-foot (gsf), four-story, 20-unit residential building, with 21 basement parking spaces. The project would include the reuse of the existing approximately 21,250-gsf, two-story, warehouse by adding a 27,143-gsf vertical addition, set back from the street. The new building would be approximately 40 feet in height at the roofline. The project would require Conditional Use and Variance authorizations. The site is in the North Beach Neighborhood Commercial District zoning district and a 40-X height & bulk district.

Preliminary Recommendation: Uphold Preliminary Negative Declaration

(Proposed for Continuance to June 17, 2004)

7 2003.0946D (D. DiBARTOLO: (415) 558-6291)

458-460 35^th AVENUE - east side between Geary Boulevard and Clement Street: Lot 042 in Assessor's Block 1466 - Request for Discretionary Review of Building Permit Application No. 2003.02.21.8034, proposing to construct a 3' 4" deep, three-level rear horizontal addition with a two-story deck and stairs; and add a new, approximately 830 square foot, partial third floor to a two-story over ground floor structure containing two dwelling units in an RH-2 (Residential House, Two-Family) District, and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the project as revised.

(Continued from Regular Meeting of April 22, 2004)

DISCRETIONARY REVIEW APPLICATION WITHDRAWN

8 2004.0188T (P. LORD: (415) 558-6311)

PUBLIC BENEFITS ZONING CONTROLS - Consideration of an Ordinance amending the Planning Code by adding section 318 through 318.6 to encourage the development of comprehensive community plans that provide floor area bonus incentives for the provision by housing projects of pertain public benefits for the City, including affordable housing, open space, community serving space, and PDR space, and until the development of plans for specific neighborhoods, to impose a program on housing projects receiving a floor are bonus requiring the provision of public benefits, and amending Section 123 and 207 to except housing projects receiving a floor area bonus under this ordinance from the density limits of the Planning Code, and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

Preliminary Recommendation: Pending

(Proposed for Indefinite Continuance)

B. COMMISSIONERS' QUESTIONS AND MATTERS

9 Consideration of Adoption - Draft Minutes of April 1 (Continued from Regular Meeting of May 6, 2004) and April 15, 2004.

10 Commission Comments/Questions

C. DIRECTOR'S REPORT

11. Director's Announcements

12. Review of Past Week's Events at the Board of Supervisors and Board of Appeals

13. Presentation from the Office of the City Attorney on the procedures for hiring and releasing the Director of Planning.

(Continued from Regular Meeting of April 15, 2004)

D. PUBLIC COMMENT ON AGENDA ITEMS WHERE THE PUBLIC HEARING HAS BEEN CLOSED

At this time, members of the public who wish to address the Commission on agenda items that have already been reviewed in a public hearing at which members of the public were allowed to testify and the public hearing has been closed, must do so at this time. Each member of the public may address the Commission for up to three minutes.

CONSIDERATION OF FINDINGS AND FINAL ACTION - PUBLIC HEARING CLOSED

14. 2002.0914R (D. ARGUMEDO: (415) 558-6308/S. SHOTLAND: (415) 558-6284)

675 TOWNSEND STREET - south side between 7^th and 8^th Streets; Lot 007 in Assessor Block 3799. The project is related to Planning Case No. 1998.455C, a mixed use development of 148 dwelling units, approximately 35,000 square feet of ground floor commercial space and 256 parking spaces in two basement levels. Due to the presence of a Caltrain easement, the originally proposed 7'-6" wide sidewalk along Townsend Street would be reduced to 4'-6" to maintain a minimum distance from an existing rail line in the Townsend Street right-of-way. The reduced sidewalk width is less than the Department of Public Works' minimum 6-foot sidewalk width standard. The subject property (675 Townsend Street) is in an M-2 (Heavy Industrial) District and a 40-X/50-X (Height and Bulk) District.

Preliminary Recommendation: Find the proposal not in conformity with the General Plan

(Continued from Regular Meeting of May 6, 2004)

NOTE: On April 1, 2004, following pubic testimony, the Commission closed public hearing. The Commission entertained a motion to find this project not to be in conformity with General Plan by a vote +3 -2. Commissioners Antonini and Bradford-Bell voted no. Commissioners Boyd and Hughes were absent. The motion failed. The matter was continued to April 8, 2004 by a vote +5 -0 to allow the absent commissioners to participate in the final action. Commissioners Boyd and Hughes were absent.

NOTE: On April 8, 2004, the Commission passed a motion of intent to approve by a vote of +6-1; Commissioner Feldstein voted against. Final Language: April 22, 2004 for final language.

NOTE: On April 22, 2004, the item was continued to May 6, 2004 without further deliberation.

NOTE: On May 6, 2004, after Commission deliberation, the item was continued to May 13, 2004 by a vote of +4-0 to receive further information from the project engineer. Commissioners Bradford Bell and S. Lee were absent.

F. REGULAR CALENDAR

15. 2003.1227C (M. Li: (415) 558-6396)

549-573 MISSION STREET - south side between 1^st and 2^nd Streets, Lot 120 (formerly Lots 069, 070, 078, 079, 080, and 081) in Assessor's Block 3721 - Request for conditional use authorization to establish a temporary surface parking lot for up to 150 vehicles within the C-3-O (Downtown Office) District and a 550-S Height and Bulk District. Pursuant to Section 156(h) of the Planning Code, the proposed use may be authorized for a maximum of two years. Six vacant buildings, four of which are un-reinforced masonry buildings (UMBs), will be demolished as part of the project.

Preliminary Recommendation: Approval with Conditions

16. 2003.1015E (N. TURRELL: (415) 558-5994)

1905 MISSION STREET - Assessor's Block 3553, Lots 27, 28, 29, and 30 - Appeal of a Preliminary Mitigated Negative Declaration. The proposed project involves the construction of an approximately 34,369-gross-square-foot (gsf), 24-unit, five-story, residential building, which would contain about 26,900 gsf of residential use, 2,600 gsf of retail use, and 5,000-gsf of garage with 24 parking spaces. The proposed project would also include the demolition of three existing commercial buildings. Two of these buildings with a total square footage of 4,431 gsf are located at 1911 Mission Street. The third building, consisting of 1,320 square feet is located at 1581 15th Street. The approximately 8,670-square-foot project site is located at the southeast corner of Mission and 15th Streets in the Mission District. The site is in the NC-3 (Moderate-Scale Neighborhood Commercial) District, and is in an 80-B height and bulk district.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

(Continued from Regular Meeting of April 15, 2004)

17a. 2003.1214D (S. VELLVE: (415) 558-6263)

120 MAYNARD STREET - south side between Craut and Congdon Streets; Lot 039 in Assessor's Block 5894 - Mandatory Discretionary Review, pursuant to the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application 2002.11.22.2105, proposing to demolish a single-family dwelling in a RH-1 (House, One-Family) Zoning District, and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and disapprove the demolition.

(Continued from Regular Meeting of April 8, 2004)

17b. 2003.1215D (S. VELLVE: (415) 558-6263)

120 MAYNARD STREET - south side between Craut and Congdon Streets; Lot 039 in Assessor's Block 5894 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new residential building in association with residential demolition, of Building Permit Application 2002.11.22.2107, proposing to construct a two-story over ground/garage, single-family dwelling in a RH-1 (House, One-Family) Zoning District, and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and disapprove the new construction.

(Continued from Regular Meeting of April 8, 2004)

17c. 2003.1216D (S. VELLVE: (415) 558-6263)

122 MAYNARD STREET - south side between Craut and Congdon Streets; Lot 040 in Assessor's Block 5894 - Staff initiated and public Request for Discretionary Review of Building Permit Application 2002.11.22.2101, to construct a new two-story over ground/garage, single-family dwelling located in an RH-1 (House, One-Family) District, and a 40-X Height/Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve with modifications.

(Continued from Regular Meeting of April 8, 2004)

18. 2003.1217D (J. IONIN: (415) 558-6309)

342 21^ST AVENUE - east side between Geary and Clement Streets; Lot 033 in Assessor's Block 1452 - Request for Discretionary Review of Permit Application No. 2003.08.07.1409, proposing to add two units to the existing single-family dwelling by constructing new third and fourth floors, and a rear addition in an RM-1 (Mixed Residential, Low Density) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve with modifications.

(Continued from Regular Meeting of March 25, 2004)

4:00 P.M.

19. 2000.465E (R. COOPER: (415) 558-5974)

HOUSING ELEMENT OF THE SAN FRANCISCO GENERAL PLAN - Appeal of the Preliminary Negative Declaration for the proposed revision of the Housing Element of the San Francisco General Plan, which is an update of the 1990 Residence Element of the San Francisco General Plan. The Housing Element is a public policy document that comprehensively addresses issues of housing needs for San Francisco residents and households. Included in the Housing Element is San Francisco population, employment and housing data analysis. Eight new policies are proposed to be added to the 63 policies and 11 objectives that have been modified or retained from the 1990 Residence Element.

Preliminary Recommendation: Uphold Preliminary Negative Declaration

(Continued from Regular Meeting of April 8, 2004)

20. 2000.465M (T. OJEDA: (415) 588-6251)

HOUSING ELEMENT OF THE GENERAL PLAN. The Commission will consider a resolution to adopt proposed amendments to the Housing Element of the General Plan under the provisions of Sections 340 and 306.3(b)(3) of the Planning Code. Proposed revisions will update the Residence Element adopted in 1990 and include an assessment of housing needs and new policies to increase housing production in higher residential density areas near downtown and along transit served neighborhood commercial districts; reconsider residential parking requirements; and support construction of new family housing. The Proposal for Adoption of the Housing Element of the General Plan incorporates comments received by the City Planning Department at public hearings conducted on March 27, 2003; May 1, 2003; June 5, 2003; July 21, 2003; and October 9, 2003. Copies of the Proposal for Adoption of the Housing Element are available and can be picked up free of charge at the Planning Department, 1660 Mission Street, 5th Floor on April 26, 2004. Please call Teresa Ojeda, 558-6251, regarding the Proposal for Adoption of the Housing Element if you have any questions.

(Continued from Cancelled Meeting of April 29, 2004)

G. PUBLIC COMMENT

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting with one exception. When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Commission has closed the public hearing, your opportunity to address the Commission must be exercised during the Public Comment portion of the Calendar. Each member of the public may address the Commission for up to three minutes.

The Brown Act forbids a commission from taking action or discussing any item not appearing on the posted agenda, including those items raised at public comment. In response to public comment, the commission is limited to:

(1) responding to statements made or questions posed by members of the public; or

(2) requesting staff to report back on a matter at a subsequent meeting; or

(3) directing staff to place the item on a future agenda. (Government Code Section 54954.2(a))

Adjournment:

PLEASE NOTE:

The Commission has instituted a policy that, in most cases, they will not call an item for consideration after 10:00 PM. If an item is scheduled but not called or introduced prior to 10:00 PM, the Commission may continue the matter to the next available hearing