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February 6, 2014

Untitled 1

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, February 6, 2014

12:00 p.m.

Regular Meeting

 

Commissioners:

Rodney Fong, President

Cindy Wu, Vice President

Michael Antonini, Gwyneth Borden, Rich Hillis, Kathrin Moore, Hisashi Sugaya

 

Commission Secretary:

Jonas P. Ionin

 

 

Hearing Materials are available at:

Website: http://www.sfplanning.org

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

Planning Information Center, 1660 Mission Street, 1st 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. The wheelchair lift at the Polk Street entrance is currently under repair.

 

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, 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.

 

Language Assistance: To request an interpreter for a specific case 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; Gwyneth Borden; Rich Hillis;

                                                                                                Kathrin Moore; Hisashi Sugaya

 

A.            CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

 

The Commission will consider a request for continuance to a later date.  The Commission may choose to continue the item to the date proposed below, to continue the item to another date, or to hear the item on this calendar.

 

1.             2013.1896T                                                                                             (S. WERTHEIM: (415) 558-6612)

PLANNING CODE AMENDMENTS RELATED TO PRODUCTION, DISTRIBUTION, AND REPAIR USES proposed amendments to the Planning Code and Administrative Code - The amendments are intended to support the development of new space for Production, Distribution, and Repair (PDR) uses, Small Enterprise Workspace Uses, and Integrated PDR uses, as well as make it easier to operate PDR businesses in the city’s PDR Districts. The Planning Code is proposed to be amended by deleting Sections 175.8, 249.39, 413.7, 428A, revising Sections 181, 204.3, 226, 227, and 890.49, and adding Section 219.1. The Administrative Code is proposed to be amended by revising Section 10E.d.

                Preliminary Recommendation: Pending

                (Proposed for Continuance to February 20, 2014)

NOTE: An informational hearing will be presented on this matter, under the Regular Calendar.

 

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

 

2.             2013.1373Q                                                                                                    (T. CHANG: (415) 575-9197)

4317  21ST STREET – south side of 21st Street between Worth Street and Douglass Street on Assessor’s Block 2766, Lot 027. Request for Condominium Conversion Subdivision to convert a two-story-over-garage, six-unit building within a RH-2 (Residential, House, Two-Family) Zoning District, 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

 

3.             2013.1687Q                                                                                                    (T. CHANG: (415) 575-9197) 188-194 NOE STREET – southwest side of Noe Street between Henry Street and 15th Street on Assessor’s Block 3540, Lot 013. Request for Condominium Conversion Subdivision to convert a three-story, six-unit building within a RM-1 (Residential, Mixed, Low Density) Zoning District, 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve

 

4.             2013.1698Q                                                                                                        (C.NOEL: (415) 575-9125) 530-534 CLIPPER STREET – at the northern side of Clipper Street between Douglass and Diamond Streets on Assessor’s Block 6545, Lot 011. Request for Condominium Conversion Subdivision to convert a three-story-over-basement, six-unit building within a RH-2 (Residential, House, Two-Family) Zoning District, 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

 

5.             2014.0111Q                                                                                                        (C.NOEL: (415) 575-9125) 1200 CASTRO STREET - at the southwest corner of Castro and Elizabeth Streets on Assessor’s Block 2831, Lot 001 - Request for Condominium Conversion Subdivision to convert a three-story-over-garage, five-unit building within a RH-2 (Residential, House, Two-Family) Zoning District, 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

 

6.             2013.1515C                                                                                                      (J. SPEIRS:  (415) 575-9106)

2283 PALOU AVENUE - south side between Oakdale Avenue and Apparel Way; Lot 001 in Assessor’s Block 5585 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 226(w) and 303, to allow a non-automated distillery and wholesale use (d.b.a Top Hat Distillery) within a PDR-2 (Core Production, Distribution and Repair) Zoning District and 65-J Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve with Conditions

 

C.         COMMISSION MATTERS

 

7.             Consideration of Adoption:

·         Draft Minutes for January 16, 2014

·         Draft Minutes for January 23, 2014

 

Adoption of Commission Minutes – Charter Section 4.104 requires all commissioners to vote yes or no on all matters unless that commissioner is excused by a vote of the Commission.  Commissioners may not be automatically excluded from a vote on the minutes because they did not attend the meeting.

 

8.             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.

 

        9.                                                                                                                                            (J. IONIN: (415) 558-6309)

ELECTION OF OFFICERS:  In accordance with the Rules and Regulations of the San Francisco Planning Commission, the President and Vice President of the Commission shall be elected at the first Regular Meeting of the Commission held on or after the 15th day of January of each year, or at a subsequent meeting, the date which shall be fixed by the commission at the first Regular Meeting on or after the 15th day of January each year.

                       (Continued from Regular Meeting of January 16, 2014)

 

D.         DEPARTMENT MATTERS

 

10.          Director’s Announcements

               

11.          Review of Past Week’s 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.  However, for items where public comment is closed this is your opportunity to address the Commission.  With respect to all other 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 

 

12.                                                                                                                            (K. DEMARTINI: (415) 575-9118)

FY 2014-16 PROPOSED DEPARTMENT BUDGET Informational presentation of the department's revenue and expenditure budget in FY 2014-2015 and FY2015-2016, including grants, capital budget requests, and proposed staffing changes.

Preliminary Recommendation: None - Informational Only

 

                13.                                                                                                                                         (S. GYGI: (415) 575-9194)

RAILYARD ALTERNATIVES AND I-280 BOULEVARD FEASIBILITY STUDY - Informational presentation of the department’s current request for proposals related to the area surrounding the 4th & King railyard.

Preliminary Recommendation: None – Information Only

 

14.          2013.1896T                                                                                             (S. WERTHEIM: (415) 558-6612)

PLANNING CODE AMENDMENTS RELATED TO PRODUCTION, DISTRIBUTION, AND REPAIR USESInformational presentation regarding proposed amendments to the Planning Code and Administrative Code. The amendments are intended to support the development of new space for Production, Distribution, and Repair (PDR) uses, Small Enterprise Workspace Uses, and Integrated PDR uses, as well as make it easier to operate PDR businesses in the city’s PDR Districts. The Planning Code is proposed to be amended by deleting Sections 175.8, 249.39, 413.7, 428A, revising Sections 181, 204.3, 226, 227, and 890.49, and adding Section 219.1. The Administrative Code is proposed to be amended by revising Section 10E.d.

Preliminary Recommendation: None – Informational Only

 

15.          2013.1695T                                                                                                     (E.WATTY: (415) 558-6620)

Request for a Planning Code Amendment - pursuant to Planning Code Section 302, to allow noncomplying secondary structures that exceed a property’s maximum floor area ratio limit to be demolished, in whole or in part, and reconstructed, if certain findings can be made by the Planning Commission through the Downtown Authorization process (Section 309). The Ordinance was introduced by Supervisor David Chiu and is identified as Board of Supervisors File No. 13-1059.  The Planning Commission will consider a resolution recommending this Text Amendment to the Board of Supervisors; adopting findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Adopt a Recommendation for Approval with Modifications

 

16a.        2013.0628EHUVX                                                                                         (E. WATTY:  (415) 558-6620)

300 POST STREET (aka 345 STOCKTON STREET) - at the northwest corner of Post Street and Stockton Street; Lot 016 in Assessor’s Block 0295 – Request for a Determination of Compliance under Planning Code Section 309, to allow a major renovation of the existing 37,234 gsf, 63’ tall retail structure (currently occupied by Levi Strauss) and adjacent public plaza to accommodate a new retail tenant (Apple, Inc.), within a new 23,470 gsf, 47’-8” tall, retail structure. The Determination of Compliance includes review of the Project’s compliance with the findings outlined in Board File No. 13-1059, which would enable the reconstruction of a noncomplying structure, pursuant to Planning Code Section 188. The project site is located within the C-3-R (Downtown Retail) Zoning District and 80-130-F Height and Bulk District. The building is listed as Category V (Unrated) within Article 11 of the Planning Code, and is within the Kearny-Market-Mason-Sutter Conservation District. On February 5, 2014, the Historic Preservation Commission will review a Permit to Alter for Case No. 2013.0628H. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:   Approve with Conditions

(Continued from Regular Meeting of January 16, 2014)

 

16b.        2013.0628EHUVX                                                                                         (E. WATTY:  (415) 558-6620)

300 POST STREET (aka 345 STOCKTON STREET) – at the northwest corner of Post Street and Stockton Street; Lot 016 in Assessor’s Block 0295 – Request for a Variance, pursuant to Planning Code Sections 145.1 and 305, to modify the ground floor transparency requirement along the building’s Stockton Street façade - The project proposes a major renovation of the existing 37,234 gsf, 63’ tall retail structure (currently occupied by Levi Strauss) and adjacent public plaza to accommodate a new retail tenant (Apple, Inc.), within a new 23,470 gsf, 47’-8” tall, retail structure. The project site is located within the C-3-R (Downtown Retail) Zoning District and 80-130-F Height and Bulk District.

(Continued from Regular Meeting of January 16, 2014)

 

17.          2013.1331C                                                                                                     (K. BURNS:  (415) 575-9112)

435 JACKSON STREET - south side, between Sansome Street and Hotaling Place, Lot 027 in Assessor’s Block 0196 - Request for Conditional Use Authorization pursuant to Planning Code Sections 249.25 and 303, to allow a change of use from retail use to office use.  The subject property is within a C-2 (Community Business) District and 65-A Height and Bulk District, the Jackson Square Special Use District and the Jackson Square Historic District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve with Conditions

(Continued from Regular Meeting of January 23, 2014)

NOTE: After hearing and closing public comment; a Motion to Approve with Conditions failed +3 -2 (Moore, Sugaya against; Antonini, Fong absent); the matter was Continued to February 6, 2014 by a vote of +4 -1 (Moore against; Antonini, Fong absent).

 

18.          2013.0401C                                                                                                   (K. CONNER: (415) 575-6914)

875 and 901 CALIFORNIA STREET - south side between Powell and Stockton Streets and at the southwest corner of the intersection of Powell and California Streets; Lot 017 in Assessor’s Block 0256 and Lot 001 in Assessor’s Block 0255 respectively - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 304, to modify conditions of approval of a Planned Unit Development (PUD) located at 901 California Street (d.b.a Stanford Court Hotel) within the RM-4 (Residential, Mixed, High Density) Zoning District, the Nob Hill Special Use District, and 65-A and 320-E Height and Bulk District.  Motion 6241 permitted a hotel with incidental commercial uses and professional offices and conditioned that 100 parking spaces be provided within an existing garage located at 875 California Street, converting it entirely to parking for the hotel.  The Project Sponsor is asking for a modification under Planning Code Section 304 to reduce the parking provided for the hotel to seven spaces, providing it in the hotel’s existing porte cochere. A separate Conditional Use Authorization application, 2013.1130C, is being sought to reclassify the garage at 875 California Street as a community parking garage use.   This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

(Continued from Regular Meeting of January 23, 2014)

Preliminary Recommendation:   Approve with Conditions

 

19.          2013.1130C                                                                                                  (K. CONNER: (415) 575-6914)

875 CALIFORNIA STREET - south side between Powell and Stockton Streets; Lot 017 in Assessor’s Block 0256 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.7 (a) and 303, to operate a community garage within the RM-4 (Residential, Mixed, High Density) Zoning District, the Nob Hill Special Use District, and 65-A Height and Bulk District.  The current use of the building is a garage associated with the Stanford Court Hotel.  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.

(Continued from Regular Meeting of January 23, 2014)

Preliminary Recommendation:   Approve with Conditions

 

20a.        2013.1001DV                                                                                                    (C. NOEL:  (415) 575-9125)

1072-1074 SANCHEZ STREET -  west side of Sanchez Street between 24th and Elizabeth streets; Lot 004 in Assessor’s Block 3654 - Mandatory Discretionary Review, pursuant to Planning Code Section 317, of Building Permit Application No. 2013.1021.9769, proposing to reconfigure the existing three-unit building to a two-unit building.  The property is located within a RH-3 (Residential, House Three-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

                NOTE:  After hearing and closing public comment, the matter was continued to February 6, 2014 by a vote of +6 -0 (Fong absent).

 

 

20b.        2013.1001DV                                                                                                    (C. NOEL:  (415) 575-9125)

1072-1074 SANCHEZ STREET - west side of Sanchez Street between 24th and Elizabeth streets; Lot 004 in Assessor’s Block 3654 - Request for a Rear Yard Variance, pursuant to Planning Code Sections 134 to replace a rear staircase with a third floor balcony and second floor landing at the rear of the dwelling, as well as, a horizontal addition/infill at the rear of the dwelling on the first and second floors at the southwest elevation.  The property is located within a RH-3 (Residential, House Three-Family) Zoning District and 40-X Height and Bulk District.

 

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

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.

  1. 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.

 

 
Last updated: 1/31/2014 2:44:40 PM