To view graphic version of this page, refresh this page (F5)

Skip to page body
SFGovAccessibility
Seal of the City and County of San Francisco
City and County of San Francisco

March 27, 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, March 27, 2014

12:00 p.m.

Regular Meeting

 

Commissioners:

Cindy Wu, President

Rodney Fong, 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:                                Cindy Wu

                                            Vice-President:                      Rodney Fong

                                            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.                   2010.0641M                                                                                       (S. EXLINE: (415) 558-6332)
CONSIDERATION OF ADOPTION  OF AMENDMENTS TO THE GENERAL PLAN RELATED TO THE UPDATE OF THE RECREATION AND OPEN SPACE ELEMENT - Pursuant to San Francisco Charter Section 4.105, Planning Code § 340(d) and § 306.3, adopt amendments to the General Plan, related to the Recreation and Open Space Element (ROSE).  The Planning Commission will consider adoption of a Mitigated Negative Declaration prepared under the California Environmental Quality Act (CEQA) for the ROSE, including a Mitigation Monitoring and Reporting Plan (MMRP); adoption of amendments to the General Plan to update the ROSE; and making environmental findings, and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1. On January 9, 2014 the Planning Commission passed Resolution 19055 to initiate amendments to the General Plan.

(Continued from Regular Meeting of February 27, 2014)

                (Proposed for Continuance to April 3, 2014)

 

2.                   2014.0306T                                                                                                      (A. STARR; (415) 558-6362)

AMENDMENTS TO THE PLANNING CODE REGARDING MEDICAL CANNABIS DISPENSARIES IN THE OCEAN AVENUE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT [BOARD FILE NO. 140097] -   Ordinance amending the Planning Code to require that, in the Ocean Avenue Neighborhood Commercial Transit District, a Medical Cannabis Dispensary (MCD) may be allowed within 500 feet of another MCD as a conditional use, provided that no other Citywide regulation governing the proximity of MCDs to each other becomes law; affirming the Planning Department’s California Environmental Quality Act determination; and making Planning Code, Section 302, findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1

Preliminary Recommendation: Approve

(Proposed for Continuance to April 3, 2014)

 

3a.          2013.0627BC                                                                                                   (R. SUCRE: (415) 575-9108)

660 3RD STREET - located between Brannan and Townsend Streets, Lot 008 in Assessor’s Block 3788 - Request for an Office Development Authorization under Planning Code Section 321 to establish up to 80,000 gsf of office space within the South End Landmark District, SLI (Service/Light Industrial) Zoning District and 65-X Height and Bulk District.

Preliminary Recommendation: Approve with Conditions

(Proposed for Continuance to April 3, 2014)

 

 

 

3b.          2013.0627BC                                                                                                    (R. SUCRE: (415) 575-9108)

660 3RD STREET - located between Brannan and Townsend Streets, Lot 008 in Assessor’s Block 3788 – Request for a Conditional Use Authorization, pursuant to Planning Code Sections 303, 803.9(a), and 817.48, for a change in use of 80,000 gsf from PDR (Production, Distribution and Repair) to office use. The subject property is located within the South End Landmark District, SLI (Service/Light Industrial) Zoning District, and 65-X Height and Bulk District.

Preliminary Recommendation: Approve with Conditions

(Proposed for Continuance to April 3, 2014)

 

B.         CONSENT CALENDAR

 

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

 

4.                   2013.0880C                                                                                                    (O. MASRY: (415) 575-9116)

2288 BROADWAY at the northeast corner of Broadway and Fillmore Streets, Lot 025 in Assessor’s Block 0564C – Request for Conditional Use Authorization under Planning Code Sections 209.6(b) and 303 to allow a wireless telecommunications services (WTS) facility operated by AT&T Mobility.  The proposed macro WTS facility would feature five (5) panel antennas, facade-mounted to the rooftop penthouse. Related electronic equipment would be located on the roof and at the first floor. The facility is proposed on a Location Preference 2 Site (Co-Location with Verizon Wireless and Sprint [Nextel]) within a RM-1 (Residential – Mixed, Low Density) Zoning District, and 40-X Height and Bulk District. Preliminary Recommendation:  Approve with Conditions

 

C.         COMMISSION MATTERS

 

5.       Consideration of Adoption:

·         Draft Minutes for March 13, 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.

 

6.             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

 

7.             Director’s Announcements

               

8.             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.  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 

 

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.             2011.0558E (Part 1, Part 2, Part 3,)                                                        (D. DWYER: (415) 575-9031)

TRANSIT EFFECTIVENESS PROJECT (TEP, SFMTA) - Citywide, within the public right-of-way – Certification of the Final Environmental Impact Report. The San Francisco Municipal Transportation Agency (SFMTA) and the San Francisco Office of the Controller have launched the Transit Effectiveness Project (TEP), a comprehensive review and analysis of existing travel patterns and service options to make Muni service more convenient, reliable and attractive to existing and potential customers.  The TEP is comprised of individual projects for the Muni System and includes transit service improvements, service-related capital projects, and transit travel time reduction proposals (TTRPs).  The TTRPs are designed to improve safety and service reliability, and to reduce travel time. The SFMTA has also developed a Service Policy Framework, which establishes transit service delivery objectives and identifies actions that will be taken to fulfill these objectives throughout the City.

NOTE: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on September 17, 2013. The Planning Commission does not conduct public review of Final EIRs. Comments on the certification may be presented to the Commission during the General Public Comment portion of the Agenda.

Preliminary Recommendation: Certify the Final EIR

 

10.          2014.0290T                                                                                                (D. SANCHEZ: (415) 575-9082)

SMALL BUSINESS MONTH MAY 2014 – FEE WAIVER PROGRAM -The Planning Commission will consider a proposed Ordinance recognizing Small Business Month in May 2014 sponsored by Supervisor Katy Tang.  The proposed Ordinance would amend the San Francisco Planning Code and the San Francisco Building Code to retroactively waive fees for the month of May for certain façade improvements , affirm the Planning Department’s determination under the California Environmental Quality Act, and make findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Approve with Modifications

 

11.          2013.0936U                                                                                                      (K. BURNS (415) 575-9112)

FORMULA RETAIL CONTROLS TODAY AND TOMORROW - Informational Presentation – Ted Egan, Ph.D Chief Economist of the Office of Economic Analysis at the City and County of San Francisco’s Office of the Controller will present his report “Expanding Formula Retail Controls: Economic Impact Report” which was released on February 12, 2014. This report was prepared in response to a proposed ordinance (Board File No.130788), introduced by Supervisor Mar, which would expand formula retail controls in San Francisco.

Preliminary Recommendation: None Informational

               

12.          2013.1255U                                                                                                       (A. STARR (415) 558-6362)

MEDICAL CANNABIS DISPENSARIES REPORT - Section 2A.54 of the Administration Code directs the Planning Commission to prepare and submit a report to the Board of Supervisors evaluating the provisions of the Planning Code related to the location of medical cannabis dispensaries.  Staff will present the Draft Report “Evaluating the Planning Code’s Medical Cannabis Dispensaries Locational Requirements” and its recommendations to the Planning Commission for their consideration and adoption.

Preliminary Recommendation: Adopt Report and Forward to the Board of Supervisors

 

13.          2007.1275EM                                                                                               (M. MOHAN (415) 575-9141)

2009 HOUSING ELEMENT UPDATE- Consideration of a Resolution to Initiate amendments to the San Francisco General Plan. Pursuant to San Francisco Charter Section 4.105, Planning Code § 340(c) and § 306.3, consideration of a Resolution of intention to initiate an amendment to the San Francisco General Plan, a proposed revision of the Housing Element. The Housing Element is a policy document that consists of goals and policies to guide the City and private and non-profit developers in providing housing for existing and future residents to meet projected housing demand. At the hearing, the Planning Commission may consider adopting a Resolution of Intention to initiate amendments to the General Plan, and schedule a public hearing to consider adopting the proposed General Plan amendment. The Planning Department will recommend the adoption of the 2009 Housing Element, including certification of the Revised EIR under CEQA, in accordance with the Court’s orders and State Housing Element law.

Preliminary Recommendation: Adopt a Resolution to Initiate and schedule a public hearing.

 

14.          2010.0726X                                                                                                              (B. FU: (415) 558-6613)

2051 3RD STREET - east side between Mariposa and 18th Streets, Lots 001B, 001C, and 006 in Assessor’s Block 3994 - Request for Large Project Authorization under Planning Code Section 329  and exceptions including rear yard per Planning Code Section 134, open space per Planning Code Section 135, and street frontage per Planning Code Section 145.1 for the proposed construction of a new six-story, 68-foot building consisting of up to 94 dwelling units, approximately 800 square feet of retail space, and parking for up to 77 spaces.  The subject property is located within the UMU (Urban Mixed Use) District and 68-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

(Continued from Regular Meeting of March 6, 2014)

 

15.          2013.0638C                                                                                                         (J. LOOK: (415) 575-6812)

4871 - 4873 MISSION STREET - east side between Onondaga Ave. and France Ave.; Lot 6272 in Assessor’s Block 015 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 186.1(e) and 303, to legalize the relocation of a nonconforming Fringe Financial Service use (d.b.a. Lucky Money Check Cashing) within the Excelsior Outer Mission Street NCD (Neighborhood Commercial District), Fringe Financial Service Restricted Use District, and 40-X Height and Bulk District. The previous use of the subject property was an office space (d.b.a. Optimum Realty). 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 February 27, 2014)

 

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.

 

16.          2013.0314D                                                                                                        (J. LOOK: (415) 575-6812)

1110 ASHBURY - east side between Clayton Street and Downey Street; Lot 021 in Assessor’s Block 2629 - Request for Discretionary Review of Building Permit Application No. 2013.04.05.3911, proposing to construct a new horizontal addition at front, a vertical addition with roof deck on an existing single-family dwelling structure 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:  Full Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

 

17.          2012.1552D                                                                                                    (M. SMITH: (415) 558-6322)

18 VICKSBURG STREET - west side between 22nd and 23rd Streets; Lot 007 in Assessor’s Block 3627 - Request for Discretionary Review of Building Permit Application No. 2012.06.21.3128, proposing to  construct a garage and basement level beneath the existing building, construct a multi-story addition at the south side of the building to house an elevator, and construct a one-story vertical addition on a single-family dwelling located 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

 

18a.      2013.0094D                                                                                                   (M. SMITH:  (415) 558-6322)

439 ALVARADO STREET -  south side between Noe and Sanchez Streets; Lot 036 in Assessor’s Block 3625 - Mandatory Discretionary Review, pursuant to Planning Code Section 317, for Demolition Permit Application No. 2013.09.20.7323, proposing to demolish an existing two-story, single-family dwelling.  The property is located 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.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

 

18b.        2014.0393D                                                                                                   (M. SMITH:  (415) 558-6322)

439 ALVARADO STREET -  south side between Noe and Sanchez Streets; Lot 036 in Assessor’s Block 3625 - Mandatory Discretionary Review, pursuant to Planning Code Section 317, for Building Permit Application No. 2013.09.20.7325, proposing to construct a three-story over garage, single-family dwelling associated with the demolition of  an existing two-story, single-family dwelling.  The property is located 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.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

 

19.        2013.1762D                                                                                                            (D. VU: (415) 575-9120)

372 SUSSEX STREET - north side between Diamond Heights Boulevard and Swiss Avenue; Lot 010 in Assessor’s Block 7555 - Request for Discretionary Review of Building Permit Application No. 2012.11.26.4748, proposing to construct a rear addition at the first story, a new second story and roof deck above the existing single-family dwelling structure within a RH-1 (Residential, House – 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:  Do Not Take Discretionary Review and Approve

 

H.         PUBLIC COMMENT

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

 

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

 

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

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

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

 

Adjournment

Hearing Procedures

The Planning Commission holds public hearings regularly, on most Thursdays. The full hearing schedule for the calendar year and the Commission Rules & Regulations may be found online at: www.sfplanning.org.

 

Public Comments: Persons attending a hearing may comment on any scheduled item.

v  When speaking before the Commission in City Hall, Room 400, please note the timer indicating how much time remains.  Speakers will hear two alarms.  The first soft sound indicates the speaker has 30 seconds remaining.  The second louder sound indicates that the speaker’s opportunity to address the Commission has ended.

 

Sound-Producing Devices Prohibited: The ringing of and use of mobile phones and other sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal of any person(s) responsible for the ringing or use of a mobile phone, pager, or other similar sound-producing electronic devices (67A.1 Sunshine Ordinance: Prohibiting the use of cell phones, pagers and similar sound-producing electronic devices at and during public meetings).

 

For most cases (CU’s, PUD’s, 309’s, etc…) that are considered by the Planning Commission, after being introduced by the Commission Secretary, shall be considered by the Commission in the following order:

 

  1. A thorough description of the issue(s) by the Director or a member of the staff.
  2. A presentation of the proposal by the Project Sponsor(s) team (includes sponsor or their designee, lawyers, architects, engineers, expediters, and/or other advisors) would be for a period not to exceed 10 minutes, unless a written request for extension not to exceed a total presentation time of 15 minutes is received at least 72 hours in advance of the hearing, through the Commission Secretary, and granted by the President or Chair.
  3. A presentation of opposition to the proposal by organized opposition for a period not to exceed 10 minutes (or a period equal to that provided to the project sponsor team) with a minimum of three (3) speakers.  The intent of the 10 min block of time provided to organized opposition is to reduce the number of overall speakers who are part of the organized opposition.  The requestor should advise the group that the Commission would expect the organized presentation to represent their testimony, if granted.  Organized opposition will be recognized only upon written application at least 72 hours in advance of the hearing, through the Commission Secretary, the President or Chair.  Such application should identify the organization(s) and speakers.
  4. Public testimony from proponents of the proposal:  An individual may speak for a period not to exceed three (3) minutes.
  5. Public testimony from opponents of the proposal:  An individual may speak for a period not to exceed three (3) minutes.
  6. Director’s preliminary recommendation must be prepared in writing.
  7. Action by the Commission on the matter before it.
  8. In public hearings on Draft Environmental Impact Reports, all speakers will be limited to a period not to exceed three (3) minutes.

9.        The President (or Acting Chair) may impose time limits on appearances by members of the public and may otherwise exercise his or her discretion on procedures for the conduct of public hearings.

10.     Public comment portion of the hearing shall be closed and deliberation amongst the Commissioners shall be opened by the Chair;

11.     A motion to approve; approve with conditions; approve with amendments and/or modifications; disapprove; or continue to another hearing date, if seconded, shall be voted on by the Commission.

 

Every Official Act taken by the Commission must be adopted by a majority vote of all members of the Commission, a minimum of four (4) votes.  A failed motion results in the disapproval of the requested action, unless a subsequent motion is adopted. Any Procedural Matter, such as a continuance, may be adopted by a majority vote of members present, as long as the members present constitute a quorum (four (4) members of the Commission).

 

For Discretionary Review cases that are considered by the Planning Commission, after being introduced by the Commission Secretary, shall be considered by the Commission in the following order:

 

1.        A thorough description of the issue by the Director or a member of the staff.

2.        A presentation by the DR Requestor(s) team (includes Requestor(s) or their designee, lawyers, architects, engineers, expediters, and/or other advisors) would be for a period not to exceed five (5) minutes for each requestor.

3.        Testimony by members of the public in support of the DR would be up to three (3) minutes each.

4.        A presentation by the Project Sponsor(s) team (includes Sponsor(s) or their designee, lawyers, architects, engineers, expediters, and/or other advisors) would be for a period up to five (5) minutes, but could be extended for a period not to exceed 10 minutes if there are multiple DR requestors.

5.        Testimony by members of the public in support of the project would be up to three (3) minutes each.

  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.

 

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.

 

 
Last updated: 3/21/2014 11:17:59 AM