SAN FRANCISCO

PLANNING COMMISSION

 

 

Notice of Hearing

&

Agenda

 

Commission Chambers, Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

San Francisco, CA 94102-4689

 

 

Thursday, July 14, 2016

12:00 p.m.

Regular Meeting

 

Commissioners:

Rodney Fong, President

Dennis Richards, Vice President

Michael Antonini, Rich Hillis, Christine Johnson, Kathrin Moore, Cindy Wu,

 

Commission Secretary:

Jonas P. Ionin

 

 

Hearing Materials are available at:

Website: http://www.sfplanning.org

Planning Department, 1650 Mission Street, 4^th Floor, Suite 400

Planning Information Center, 1660 Mission Street, 1^st Floor

Voice recorded Agenda only: (415) 558-6422

 

Commission Hearing Broadcasts:

Live stream: http://www.sfgovtv.org

Live, Thursdays at 12:00 p.m., Cable Channel 78

Re-broadcast, Fridays at 8:00 p.m., Cable Channel 26

 

Disability and language accommodations available upon request to:

 commissions.secretary@sfgov.org or (415) 558-6309 at least 48 hours in advance.

 

Know Your Rights Under the Sunshine Ordinance

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

 

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

 

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

 

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

 

San Francisco Lobbyist Ordinance

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

 

Accessible Meeting Information

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

 

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

 

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

 

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

 

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

 

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

 

SPANISH:

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

 

CHINESE:

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

 

TAGALOG:

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

 

RUSSIAN:

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

 

ROLL CALL:                                                                         

 

                                            President:                                Rodney Fong

                                            Vice-President:                      Dennis Richards

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

                                                                                                Kathrin Moore; Cindy Wu

 

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.

 

1a.          2015-009279CUA                                                                                                (C. MAY: (415) 575-9087)

1433 BUSH STREET - south side of Bush Street, between Van Ness Avenue and Polk Street; Lot 024 in Assessor’s Block 0670 (District 3) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 253, 253.2, 271 and 303, to modify a previously-approved project (Case No. 2009.1074C, Planning Commission Motion No. 19159 approved May 22, 2014) to construct an 11-story building with 47 dwelling units above two ground floor retail spaces totaling 1,106 square feet.  The project would include a rooftop deck, five vehicular parking spaces in a below grade garage, accessed via Fern Street, and 52 bicycle parking spaces. The project is located within a RC-4 (Residential-Commercial, High Density) District, the Van Ness Avenue Special Use District and 130-V Height and Bulk District.   This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation:  Approve with Conditions

(Continued from Regular Meeting of June 9, 2016)

(Proposed for Continuance to August 4, 2016)

 

1b.        2015-009279VAR                                                                                                (C. MAY: (415) 575-9087)

1433 BUSH STREET - south side of Bush Street, between Van Ness Avenue and Polk Street; Lot 024 in Assessor’s Block 0670 (District 3) - Request for Variance pursuant to Planning Code Section 145.1 for an active street frontage that does not meet the minimum 25-foot ground floor depth and Modification of rear yard requirements pursuant to Planning Code Section 134 to provide a rear yard less than 25 percent of lot depth. The Project proposes to construct an 11-story building with 47 dwelling units above two ground floor retail spaces totaling 1,106 square feet.  The project would include a rooftop deck, five vehicular parking spaces in a below grade garage, accessed via Fern Street, and 52 bicycle parking spaces within a RC-4 (Residential-Commercial, High Density) District, the Van Ness Avenue Special Use District and 130-V Height and Bulk District.

(Continued from Regular Meeting of June 9, 2016)

(Proposed for Continuance to August 4, 2016)

 

2a.          2012.0726PCA                                                                                            (R.SchuetT: (415) 575-9030)

Transportation Demand Management Program – Planning Code Amendment to establish a citywide Transportation Demand Management (TDM) Program, to require Development Projects to incorporate design features, incentives, and tools that support sustainable forms of transportation; to create a new administrative fee to process TDM Plan applications and compliance reports; and to make conforming amendments to various sections of the Planning Code; affirming the Planning Department’s determination under the California Environmental Quality Act, and making findings of public necessity, convenience, and welfare under Planning Code Section 302, and findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Adopt a Recommendation for Approval

(Proposed for Continuance to August 4, 2016)

 

                2b.          2012.0726PCA                                                                                            (R.SchuetT: (415) 575-9030)

Transportation Demand Management Program  - Adoption of Planning Commission Standards for the Transportation Demand Management (TDM) Program (TDM Program Standards) – to establish the specific requirements necessary for compliance with the Ordinance initiated by the Planning Commission amending the Planning Code to establish a citywide TDM Program. The adoption of the TDM Program Standards would be conditioned upon approval of the Planning Code amendments by the Board of Supervisors.

Preliminary Recommendation: Adopt

(Proposed for Continuance to August 4, 2016)

 

3.             2015-012722PCA                                                                                      (D. SANCHEZ: (415) 575-9082)

INCLUSIONARY AFFORDABLE HOUSING PROGRAM {BOARD FILE NO. 150911} - Planning Code Amendment, introduced by Mayor Lee and Supervisors Farrell and Tang to provide revised geographic, timing, pricing and other requirements for the off-site alternative to the Inclusionary Affordable Housing Fee; create a new option for off-site projects that qualify as Nonprofit Provider Partner Projects; create a new alternative for project sponsors of smaller market-rate projects to direct the Affordable Housing fee to small sites projects; create an option for project sponsors of on- and off-site housing to provide higher amounts of affordable housing at higher levels of affordability termed “dialing up”; revise certain definitions and operating procedures related to the Inclusionary Housing Program and make conforming changes; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan , Planning Code Section 302 and the eight priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of March 24, 2016)

(Proposed for Continuance to September 15, 2016)

 

4a.          2012.1409DRP                                                                                                (T. CHANG: (415) 575-9197)

799 CASTRO STREET - east side of Castro Street at 21^st Street; Lot 024 in Assessor’s Block 3603 (District 8) - Request for Discretionary Review of Building Permit Application No. 2014.0919.6883 proposing the change of use of an existing one-story commercial structure to a four-story single-family dwelling unit. The project also proposes a lot subdivision, resulting in two separate lots; the front lot containing a single family dwelling unit and the rear lot containing the existing two-unit residential structure.  The property is within a RH-2 (Residential, House, Two-Family) Zoning and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve as Proposed

                                (Continued from Regular Meeting of May 12, 2016)

                                (Proposed for Continuance to October 6, 2016)

 

 

4b.          2008.0410V                                                                                                      (T. CHANG: (415) 575-9197)

799 CASTRO STREET - east side of Castro Street at 21^st Street; Lot 024 in Assessor’s Block 3603 (District 8) - Request for Variance pursuant to Planning Code Section 121 for establishing a lot smaller than the minimum lot size; 132 for providing a front setback less than required; and 134 for providing a rear yard less than 45 percent of lot depth.  The property is within a RH-2 (Residential, House, Two-Family) Zoning and 40-X Height and Bulk District.

(Continued from Regular Meeting of May 12, 2016)

(Proposed for Continuance to October 6, 2016)

 

5.             2015-018387CUA                                                                                  (E. SAMONSKY: (415) 575-9112)

461 VALENCIA STREET - located on the east side of Valencia Street, between Sparrow Street and 16^th Street; Lot 019 Assessor’s Block 3554 (District 8) - Request for Conditional Use Authorization pursuant to Planning Code Sections 145.4(e) and 303 to permit a change of use of a 3,153 square foot vacant commercial space (previously occupied by an art gallery) to a Business and Professional Service use, doing business as Keller Williams Realty, at the ground floor of the subject property. The project also includes interior and exterior tenant improvements. The subject property is located in the Valencia Street Neighborhood Commercial Transit (NCT) Zoning District and 55-X Height and Bulk District.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Approve with Conditions

(Continued from Regular Meeting of June 16, 2016)

WITHDRAWN

 

B.         CONSENT CALENDAR

 

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

 

6.             2016-002251CND                                                                                         (L. AJELLO: (415) 575-9142)

471 23^RD AVENUE – west side of 23^rd Avenue between Geary Boulevard and Anza Street; Lot 013 in Assessor’s Block 1524 (District 1) - Request for Condominium Conversion Subdivision to convert a three-story, six-unit building into residential condominiums 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 the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve

 

7.             2016-005407CUA                                                                                         (C. CLARKE: (415) 575-9184)

901 POLK STREET a.k.a. 1000 Van Ness Ave, Suite 10005 - between Alice B. Toklas and O’Farrell Streets, Lot 016 in Assessor’s Block 0715 (District 6) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 303.1, to allow a change of operator only from a 1,068 square-foot Formula Retail - Limited Restaurant d.b.a. Quiznos to a Formula Retail - Limited Restaurant d.b.a. Ike’s Love & Sandwiches, on the ground floor of the eight-story-over-basement building (AMC Theater building) within a RC-4 (Residential - Commercial, High-Density) District, Van Ness Corridor planning area, and 130-E Height and Bulk District. This project was reviewed under the Community Business Priority Processing Program (CB3P). This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Approve with Conditions

 

8a.          2016-002786CUA                                                                                              (N. TRAN: (415) 575-9174)

198 CHURCH STREET - western side of Church Street at the northwestern corner of the intersection with 14th Street, Lot 016 in Assessor’s Block 3537 (District 8) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 733.41 and 733.21  to expand an existing ground floor bar to the second floor of a two-story commercial building and allow a use size greater than 3,000 square feet within a NCT (Upper Market Neighborhood Commercial Transit) Zoning District, 40-X Height and Bulk District and Market and Octavia planning area. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Approve with Conditions

 

8b.          2016-002786VAR                                                                                              (N. TRAN: (415) 575-9174)

198 CHURCH STREET - western side of Church Street at the northwestern corner of the intersection with 14th Street, Lot 016 in Assessor’s Block 3537 (District 8). - Request for Variance from the Zoning Administrator to address the requirement for bicycle parking (Planning Code Section 155.2). The project proposes to expand an existing ground floor bar to the second floor of a two-story commercial building. The property is located within a NCT (Upper Market Neighborhood Commercial Transit) Zoning District, 40-X Height and Bulk District and Market and Octavia planning area.

 

C.         COMMISSION MATTERS

 

9.             Consideration of Adoption:

·         Draft Minutes for June 30, 2016

 

10.          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

 

11.          Director’s Announcements

 

12.          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.

 

 

13.                                                                                                                                 (M.ESPINOSA: (415) 575-8735)

SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY (SFMTA) – Informational Presentation, as a precursor to the Joint Hearing scheduled for July 21, 2016.

Preliminary Recommendation: None - Informational

(Continued from Regular Meeting of July 7, 2016)

 

14.                                                                                                                                            (K. GUY: (415) 558-6163)

Office of Short-Term Rentals - Informational Presentation regarding the implementation of the short-term residential rental program (Administrative Code Chapter 41A), which became effective on February 1, 2015. The program allows permanent residents to rent out their residential units to guests for periods of less than 30 days, subject to certain requirements and limitations. The informational presentation will focus on the regulations and eligibility for the program, registration and enforcement processes, and public outreach efforts.

Preliminary Recommendation: None - Informational

 

15a.        2015-009141OFA                                                                                           (C. ASBAGH: 415/575-9165)

875 – 899 HOWARD STREET - south side of Howard Street, at the intersection of Howard and Fifth Streets; lot 079 of Assessor’s Block 3733 (District 6) - Request for an Office Development Authorization pursuant to Planning Code Sections 321 and 322 for a change of use from institutional and retail uses to office and to authorize up to approximately 70,881 square feet from the Office Development Annual Limit. The proposal would convert 19,578 square feet of institutional use at the ground floor of 875 Howard Street and approximately 46,888 square feet of retail use at 899 Howard Street to office. In addition the proposal would re-skin and construct a new 4,415 square fourth floor penthouse at 899 Howard Street building. The project is located within the Downtown Commercial, Support (C-3-S) Zoning District and 130-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

 

 

 

15b.        2015-009141CUA                                                                                          (C. ASBAGH: 415/575-9165)

875 – 899 HOWARD STREET - south side of Howard Street, at the intersection of Howard and Fifth Streets; lot 079 of Assessor’s Block 3733 (District 6) - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 210.2 and 303 to establish a Non-Retail Sales and Service Use at the ground floor. The proposal would convert 19,578 square feet of institutional use at the ground floor of 875 Howard Street and approximately 46,888 square feet of retail use at 899 Howard Street to office. In addition the proposal would re-skin and construct a new 4,415 square fourth floor penthouse at 899 Howard Street building. The project site is located in the Downtown Commercial, Support (C-3-S) Zoning District and 130-F Height and Bulk District.

Preliminary Recommendation:  Approve with Conditions

 

15c.        2015-009141VAR                                                                                           (C. ASBAGH: 415/575-9165)

875 – 899 HOWARD STREET - south side of Howard Street, at the intersection of Howard and Fifth Streets; lot 079 of Assessor’s Block 3733 (District 6) - Request for a Variance from Planning Code Section 136(c)(2) for permitted obstructions. The proposal would convert 19,578 square feet of institutional use at the ground floor of 875 Howard Street and approximately 46,888 square feet of retail use at 899 Howard Street to office. In addition the proposal would re-skin and construct a new 4,415 square fourth floor penthouse at 899 Howard Street building. The project site is located in the Downtown Commercial, Support (C-3-S) Zoning District and 130-F Height and Bulk District.

 

16.          2014-003173CUA                                                                                           (J. SPEIRS:  (415) 575-9106)

2785 SAN BRUNO AVENUE - east side, between Bacon and Wayland Streets, Lot 018 in Assessor’s Block 5450 (District 9) - Request for Conditional Use Authorization per Planning Code Sections 303 and 317 to demolish a single-family dwelling and an unauthorized unit, and to construct a new mixed-use building of two commercial spaces and three dwelling units within a NC-2 (Neighborhood Commercial – Small Scale) 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

 

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.

 

17a.        2013.0915DRP                                                                                                   (C. GROB: (415) 575-9138)

1469 PACIFIC AVENUE - south side of Pacific Avenue between Larkin Street and McCormick Street; Lot 029 in Assessor’s Block 0185 (District 3) - Request for Discretionary Review of Building Permit Application No. 2012.10.31.3210, proposing the conversion of a two-story warehouse building and a two-story vertical addition to create a mixed-use building with nine residential units, ten off-street parking spaces, and 1,962 square feet of ground floor commercial space within the Pacific Avenue Neighborhood Commercial Zoning District (NCD) and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Abbreviated Discretionary Review

Preliminary Recommendation: Take DR and Approve with Modifications

(Continued from Regular Meeting of June 30, 2016)

Note: On February 11, 2016, after hearing and closing public comment; the Commission continued this matter to May 12, 2016 by a vote of +5 -0 (Commissioners Johnson and Wu were absent).

On May 12, 2016, after hearing and closing public comment; the Commission continued this matter to June 30, 2016 by a vote of +5 -0 (Commissioners Johnson and Fong were absent).

On June 30, 2016, without hearing, the Commission continued this matter to July 14, 2016 by a vote of +5 -0 (Commissioners Johnson and Fong were absent).

 

17b.        2013.0915VAR                                                                                                   (C. GROB: (415) 575-9138)

1469 PACIFIC AVENUE - south side of Pacific Avenue between Larkin Street and McCormick Street; Lot 029 in Assessor’s Block 0185 (District 3) - Request for Variance from rear yard requirements (Section 134) - The project proposes the conversion of a two-story warehouse building and a two-story vertical addition to create a mixed-use building with nine residential units, ten off-street parking spaces, and 1,962 square feet of ground floor commercial space within the Pacific Avenue Neighborhood Commercial Zoning District (NCD) and 40-X Height and Bulk District.

(Continued from Regular Meeting of June 30, 2016)

Note: On February 11, 2016, after hearing and closing public comment; the ZA continued this matter to May 12, 2016.

On May 12, 2016, after hearing and closing public comment; the ZA continued this matter to June 30, 2016.

On June 30, 2016, without hearing, the Acting ZA continued to July 14.

 

18.          2014-001259DRP-02                                                                                   (N. FOSTER: (415) 575-9167)

60 RUSSELL STREET - north side of Russell Street, between Eastman Place and Hyde Street, Lot 009 in Assessor’s Block 0123 (District 3) - Request for Discretionary Review of Building Permit Application No. 2014.11.07.1023 proposing a two-story vertical addition to an existing one-story (over non-habitable space) structure, currently used as a single-family residence, within a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Abbreviated Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of June 23, 2016)

Note: On June 23, 2016, after hearing and closing public comment; the Commission continued this matter to July 14, 2016 by a vote of +4 -1 (Commissioner Antonini against; Commissioners Johnson and Fong were absent).

 

19.          2013.1281DRP-02                                                                                                  (D. VU: (415) 575-9120)

1335 FOLSOM STREET - southeast corner of Folsom and Dore Streets; Lots 063 & 064 in Assessor’s Block 3519 (District 6) - Request for Discretionary Review of Building Permit Application No. 2014.06.26.9542 proposing demolition of a 5,700 sq. ft. light industrial building and construction of a 65-feet tall, six-story mixed-use building with a gross area of 30,407 sq. ft. that includes one 663 sq. ft. commercial storefront at the corner of Folsom and Dore Streets, 53 Single Room Occupancy (SRO) dwelling units and a total of four tourist hotel rooms at the fourth and fifth floors of the building. The property is within the Folsom Street NCT (Neighborhood Commercial Transit) Zoning and a 65-X Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve as Proposed

 

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	DNX (B)	15 calendar days	Board of Appeals**
Conditional Use Authorization and Planned Unit Development	CUA (C)	30 calendar days	Board of Supervisors
Building Permit Application (Discretionary Review)	DRP/DRM (D)	15 calendar days	Board of Appeals
EIR Certification	ENV (E)	30 calendar days	Board of Supervisors
Coastal Zone Permit	PUB (P)	15 calendar days	Board of Appeals
Planning Code Amendments by Application	PCA (T)	30 calendar days	Board of Supervisors
Variance (Zoning Administrator action)	VAR (V)	10 calendar days	Board of Appeals
Permit Review in C-3 Districts, Downtown Residential Districts and Large Project Authorization in Eastern Neighborhoods	LPA (X)	15 calendar days	Board of Appeals
Zoning Map Change by Application	MAP (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.