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 9, 2015

12:00 p.m.

Regular Meeting

 

Commissioners:

Rodney Fong, President

Cindy Wu, Vice President

Michael Antonini, Rich Hillis, Christine Johnson, Kathrin Moore, Dennis Richards

 

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:                      Cindy Wu

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

                                                                                                Kathrin Moore; Dennis Richards

 

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.             2015-006759PCA                                                                                      (D. SANCHEZ: (415) 575-9082)

ACCESSORY USE ENTERTAINMENT IN SPECIFIED WSOMA DISTRICTS [BOARD FILE NO. 150465] - Planning Code Amendment introduced by Supervisor Kim to allow accessory use entertainment (with Limited Live Performance permits) in the Western South of Market Mixed Use General and Regional Commercial Districts; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code Section 101.1.

(Proposed for Continuance to July 16, 2015)

 

2.             2013.0792E                                                                                                    (C.THOMAS: (415) 575-9036)

400 BAY STREET – northwest corner of Bay and Mason Street; Lot 030 of Assessor’s Block 0030 – Appeal of Preliminary Negative Declaration for the demolition of an existing, vacant building (formerly a bar) and construction of a four-story, approximately 15,000-square-foot, 40-foot-tall hotel occupying the approximately 3,300-square-foot project site. The proposed project would include 13 rooms, meeting facilities and outdoor decks on the second floor and roof. The project site is in the C-2 (Community Business) Use District.

(Proposed for Continuance to August 6, 2015)

 

3.             2015-000060CUA                                                                                           (A. PERRY: (415) 575-9017)

327 CAPITOL AVENUE - west side of Capitol Ave. between Broad and Farallones Streets; Lot 052 in Assessor’s Block 7106 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 209.3(f), 710.81, and 790.50 to establish a Large Institution Child Care Facility (d.b.a. Little Bear School) for a maximum of 90 pre-school age children at the first and second floors of a former religious facility that will be vacating the building. The project is located within a Neighborhood Commercial Cluster Zoning District (NC-1), a Residential House, One-Family District (RH-1), 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.

(Continued from Regular Meeting of June 11, 2015)

(Proposed for Continuance to August 13, 2015)

 

B.         COMMISSION MATTERS

 

4.             Consideration of Adoption:

·         Draft Minutes for June 25, 2015

 

5.             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.

                       

C.         DEPARTMENT MATTERS

 

6.             Director’s Announcements

 

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

 

8.             2006.1524EBXV; 2013.0276BX                                                                       (K. GUY: (415) 558-6163)

                350 MISSION STREET - Informational Presentation - of the 1% Public Art Requirement for a newly constructed 30-story building located at 350 Mission Street, containing office uses with ground-floor retail uses and publicly-accessible open space. The project was approved on February 10, 2011 by Motion Nos. 18267 and 18268 (Case No. 2006.1524EBXV), and revised on August 15, 2013 by Motion Nos. 18956 and 18957 (Case No. 2013.0276BX).

                                Preliminary Recommendation: None – Informational

 

D.            REGULAR CALENDAR 

 

The Commission Hearing Procedures provide for presentations by staff; followed by the project sponsor team; followed by public comment for and against the proposal.  Please be advised that the project sponsor team includes: the sponsor(s) or their designee, lawyers, architects, engineers, expediters, and/or other advisors.

 

9.             2015-000988CWP                                                                                         (C. FLORES: (415) 558-6473)

INTENT TO INITIATE COMMISSION-SPONSORED INTERIM CONTROLS RELATED TO THE MISSION ACTION PLAN (MAP) 2020 - Pursuant to Planning Code Section 306.7(e), the Planning Commission will consider a Resolution of Intent to Initiate Interim Controls in the Mission District. The interim controls are intended to allow time for analysis of affordable housing needs, assess sites for affordable housing production, and stem the loss of existing income protected units while maintaining production, distribution, and repair (PDR) capacity in PDR zoned lands and preserving vital community resources. The proposed controls would require a Conditional Use authorization for certain projects which result in any of the following: 1) the loss of more than one rent-controlled dwelling unit; or 2) the production of five or more dwelling units; or 3) demolition or conversion of certain assembly, recreation, arts and entertainment or institutional uses. The area proposed for interim controls is generally defined by the following boundaries: 13th and Division Streets to Mission Street, to Cesar Chavez Street, to Potrero Avenue, and back to 13th and Division Streets —except that the Mission Street boundary would include any parcel with a property line on either side of Mission Street.  The interim controls would be proposed for a period of six months.

Preliminary Recommendation: Adopt a Resolution of Intent to establish interim controls and schedule a public hearing for adoption         

 

10a.        2010.0305MT                                                                                                (M. SNYDER (415) 575-6891)

SUNNYDALE-VELASCO HOPE SF MASTER PLAN PROJECT – The 48.8-acre project site is located in Visitacion Valley and bounded by Hahn Street to the east, Velasco Avenue to the south, and McLaren Park to the north and west; Assessor’s Blocks/Lots: 6310/001, 6311/001, 6312/001, 6313/001, 6314/001, and 6315/001. – Informational Presentation. The proposed project includes demolition of all 775 existing family and senior public housing units at the Sunnydale and Velasco public housing complexes, and construction of: up to 1,700 housing units, including one-for-one public housing replacement units, affordable rental units, and market rate and affordable for-sale units; up to 72,500 square feet of community service, recreational, and educational facilities; 11.5 acres of new parks and open spaces; a new and reconfigured street network; and up to 16,200 square feet of neighborhood-serving retail. The project site is located in a Residential-Mixed Low Density (RM-1) Use District.  The proposed project would require rezoning the project site to (1) create a Special Use District to allow certain non-residential uses, such as community services, retail, and recreational and educational facilities, and (2) allow additional height at some locations.   The project entitlements will also include a Development Agreement between the City and the Project Sponsor.  This Informational Presentation is to provide background of the Hope SF Program, the overall project, and expected entitlements. 

Preliminary Recommendation:  None – Informational

 

10b.        2010.0305E                                                                                                   (K. UCHIDA: (415) 575-9048)

SUNNYDALE-VELASCO HOPE SF MASTER PLAN PROJECT – The 48.8-acre project site is located in Visitacion Valley and bounded by Hahn Street to the east, Velasco Avenue to the south, and McLaren Park to the north and west; Assessor’s Blocks/Lots: 6310/001, 6311/001, 6312/001, 6313/001, 6314/001, and 6315/001. – Certification of the Final Environmental Impact Report. The proposed project includes demolition of all 775 existing family and senior public housing units at the Sunnydale and Velasco public housing complexes, and construction of: up to 1,700 housing units, including one-for-one public housing replacement units, affordable rental units, and market rate and affordable for-sale units; up to 72,500 square feet of community service, recreational, and educational facilities; 11.5 acres of new parks and open spaces; a new and reconfigured street network; and up to 16,200 square feet of neighborhood-serving retail. The project site is located in a Residential-Mixed Low Density (RM-1) Use District.  The proposed project would require rezoning the project site to (1) create a Special Use District to allow certain non-residential uses, such as community services, retail, and recreational and educational facilities, and (2) allow additional height at some locations.  The environmental document for this project is a joint document (Environmental Impact Report/Environmental Impact Statement), which satisfies both the California Environmental Quality Act and the National Environmental Policy Act.

NOTE: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on February 17, 2015.

Preliminary Recommendation: Certify the Final Environmental Impact Report

 

11.          2003.0527U                                                                                              (S. WERTHEIM: (415) 558-6612)

1000 16^TH STREET (DAGGETT PARK) IN-KIND AGREEMENT – The City and Project Sponsor are proposing to enter into an Updated and Amended In-Kind Agreement for the project at 1000 16th Street. The original In-Kind Agreement was approved by the Planning Commission in Motion 18752 on November 29, 2012, including a waiver for $1,880,000 million of their Eastern Neighborhoods Infrastructure Impact Fees for the in-kind provision of a 0.9 acre public park along the Daggett Street right-of-way. The Updated and Amended In-Kind Agreement seeks to increase the waiver by $489,144, to a total of $2,369,144.

Preliminary Recommendation: Approval of Updated and Amended In-Kind Agreement

 

12a.        2012.1531CX                                                                                               (K. CONNER: (415) 575-6914)

361 TURK STREET - south side between Leavenworth and Hyde Streets; Lot 017 in Assessor’s Block 034 - The overall project includes the construction of two eight-story group housing buildings with a total of 238 group housing rooms on two properties (361 Turk Street and 145 Leavenworth Street) previously developed with surface parking lots. Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 253 to allow construction of a building over 40 feet in height on a property previously used as a surface parking lot. The proposed project is to construct an eight-story group housing building, containing 140 group housing rooms, and approximately 3,854 gross square feet of ground floor retail space. The project site is located within the RC-4 (Residential-Commercial, High Density) Zoning District, the North of Market Residential Special Use District 1, Fringe Financial Services Restricted Use District and 80-T Height and Bulk District. A companion project at 145 Leavenworth Street is seeking a Downtown Project Authorization with an exception to the requirements for Reduction of Ground-Level Wind Currents in C-3 Districts. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve with Conditions

                (Continued from Regular Meeting of June 4, 2015)

NOTE: After Hearing and closing Public Comment, the Commission Continued this matter to July 9, 2015 by a vote of +7 -0.

 

12b.        2012.1531CX                                                                                               (K. CONNER: (415) 575-6914)

145 LEAVENWORTH STREET - west side of Leavenworth between Turk and Golden Gate Avenue, Lot 002 in Assessor's Block 0345 – The overall project includes the construction of two eight-story group housing buildings with a total of 238 group housing rooms on two properties (361 Turk Street and 145 Leavenworth Street) previously developed with surface parking lots, Request for Downtown Project Authorization, pursuant to Planning Code Section 309 with exceptions to the requirements for Reduction of Ground-Level Wind Currents in C-3 Districts pursuant to Planning Code Section 148. The proposed project is to construct an eight-story group housing building, containing of 98 group housing rooms and approximately 2,725 gross square feet of ground floor retail space on a property previously used as a surface parking lot.  The project site is located within a C-3-G (Downtown General Commercial) Zoning District and 80-X Height and Bulk District. A companion Project at 361 Turk Street is seeking a Conditional Use Authorization to allow construction of a building over 40 feet in height. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve with Conditions

(Continued from Regular Meeting of June 4, 2015)

NOTE: After Hearing and closing Public Comment, the Commission Continued this matter to July 9, 2015 by a vote of +7 -0.

 

13.          2014-002085OFA                                                                                                (K. GUY: (415) 575-6163)

250 HOWARD STREET/195 BEALE STREET – northeast corner of Howard and Beale Streets; Lots 012, 025, and 027 in Assessor’s Block 3718 - Request for Office Allocation of Square Footage pursuant to Planning Code Sections 321 and 322 (the Annual Office Development Limitation Program) for a project to construct a 45-story tower reaching an occupied roof height of approximately 550 feet (with a mechanical roof height of approximately 586 feet, and a screen wall reaching a height of approximately 605 feet), containing approximately 766,745 square feet of office space, 8,642 square feet of ground-floor retail use, and 120 off-street parking spaces. The project site is located within the Transbay Downtown Residential (TB-DTR) Zoning District, the Public (P) Zoning District, the 50/85/550-TB Height and Bulk District, and the Transbay C3 Special Use District.

Preliminary Recommendation:  Approval with Conditions

 

E.            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.

 

14.          2013.1207DRP                                                                                               (T. CHANG: (415) 575-9197)

180 MANGELS AVENUE - North side of Mangels Avenue; Lot 015C in Assessor’s Block 6763 - Request for Discretionary Review of Building Permit Application 2013.1224.5006 proposing a vertical addition to an existing one-story-over-garage single-family-home, replacing a pitched roof with a full 2^nd floor that extends approximately 12’ beyond the existing first story. No expansion of the building is proposed at the garage or 1^st story levels. The project is located within a RH-1 (Residential, Home, One-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Abbreviated Discretionary Review

Preliminary recommendation: Take DR and Approve with Modifications

                (Continued from Regular Meeting of June 4, 2015)

               

15.          2014-003161DRP                                                                                           (R. SUCRE: (415) 558-6159)

2331 19^TH STREET – south side of 19^th Street at San Bruno Avenue, Lot 017 in Assessor's Block 4076 - Request for Discretionary Review of Building Permit Application No. 2014.05.22.6466 (Alteration) proposing construction of a one-story vertical addition and a first floor roof deck within a RH-2 (Residential House, Two-Family) Zoning District and 40-X Height and Bulk District.

Staff Analysis: Abbreviated Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

                (Continued from Regular Meeting of June 28, 2015)

 

16.          2008.0645D                                                                                                     (A. PERRY: (415) 575-9017)

7 LAKE FOREST COURT – northwest side of Lake Forest Court at Oak Park Drive, Lot 028 in Assessor's Block 2675 - Request for Discretionary Review of Building Permit Application No. 2007.11.05.7258 proposing construction of a new third-story vertical addition over an existing two-story single-family home, and a new roof deck over the second story at the rear of the house, within an RH-1(D) (Residential House, One-Family [Detached]) Zoning District and 40-X Height and Bulk District.

Staff Analysis: Abbreviated Discretionary Review

                Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

 

F.            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.