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Public Hearings 
 

February 25, 2010

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, February 25, 2010

1:30 PM

Regular Meeting

 

President:  Ron Miguel

Vice-President: Christina R. Olague

                        Commissioners: Michael J. Antonini; Gwyneth Borden; William L. Lee; Kathrin Moore;

Hisashi Sugaya

 

Commission Secretary: Linda D. Avery

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

 

View the meeting online at:  http://www.sfgov.org/site/sfgtv_index.asp

Or

View the broadcast live, Thursdays on Cable Channel 78.

And

The re-broadcast on Fridays at 8:00 p.m., Cable Channel 26

 

THE AGENDA PACKET IS AVAILABLE FOR REVIEW AT THE PLANNING DEPARTMENT
1650 MISSION STREET, 4TH FLOOR RECEPTION

 

 

Commission Meeting Procedures

 

Material submitted by the public for Commission review prior to a scheduled hearing should be received by the Planning Department reception counter at 1650 Mission Street, 4th floor, no later than 5:00 PM the Wednesday (eight days) prior to the scheduled public hearing.  Persons unable to attend a hearing may submit written comments regarding a calendared item to: Planning Commission, 1650 Mission Street, Suite 400, San Francisco, CA  94103-2414.  Comments received by 11:00 AM on the day of the hearing will be made part of the official record and will be brought to the attention of the Planning Commission at the public hearing.  Otherwise, submit material related to a calendared item at the scheduled hearing for distribution.  For complete distribution to all Commissioners, necessary staff and case/docket/correspondence files, submit an original plus 10 copies.  When sending e-mail correspondence to Commissioners, please copy the Commission Secretary at: linda.avery@sfgov.org

 

Pursuant to Government Code Section 65009, if you challenge, in court, (1) the adoption or amendment of a general plan, (2) the adoption or amendment of a zoning ordinance, (3) the adoption or amendment of any regulation attached to a specific plan, (4) the adoption, amendment or modification of a development agreement, or (5) the approval of a variance, conditional-use authorization, or any permit, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission, at, or prior to, the public hearing.

 

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

 

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

 

Policy on Commissioner’s requests for hearings:  There must be consensus of the Commission (four commissioners) or direction from the President/Chair to schedule a hearing that otherwise would not be scheduled.

 

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

 

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

 

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

 

San Francisco Lobbyist Ordinance

 

Attention: Individuals and entities that influence or attempt to influence local legislative or administrative action my be required by the San Francisco Lobbyist Ordinance [SF Campaign and Governmental Conduct Code Section 21.00-2.160] to register and report lobbying activity.  For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; and web site http//www.sfgov.org/ethics.

 

Accessible Meeting Policy

 

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

 

Know Your Rights Under the Sunshine Ordinance

 

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

 

For more information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Adele Destro, Interim Administrator, 1 Dr. Carlton B. Goodlett Place, Room 409, by phone at (415) 554-7724, by fax at (415) 554-7854 or by E-mail at 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.sfgov.org/bdsupvrs/sunshine..

 

COMMUNICATIONS

 

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

   1) Planning Department Case Executive Summary

   2) Planning Department Case Report

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

   4) Public Correspondence

These items will be available for review at the Planning Department, 1650 Mission St., 4th floor reception.

 

 

1:30 PM   _________

 

ROLL CALL:                                                     

                        President:                                 Ron Miguel

                        Vice-President:                          Christina R. Olague

Commissioners:                        Michael J. Antonini; Gwyneth Borden; William L. Lee; 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.         2008.0494C                                                          (C. JAROSLAWSKY: (415) 558-6348)

2115-2117 TARAVAL STREET - south side between 31st and 32nd Avenues; Lot 046 in Assessor’s Block 2394 - Request for Conditional Use Authorization under Planning Code Sections 161 (j) and 317 to demolish a mixed-use building, including two dwelling units and construct a new, four-level, mixed-use structure consisting of two commercial spaces and two dwelling units, without on-site parking, within the NC-2 (Neighborhood Commercial – Small Scale), Taraval Street Restaurant and Fast-Food Sub-District and a 50-X Height and Bulk District.

Preliminary Recommendation:  Approval with Conditions

                        (Proposed for Continuance to March 4, 2010)

 

E.         CONSENT CALENDAR

 

All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and will 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.         2009.1109C                                                                      (C. TEAGUE: (415) 575-9081)

1044 FOLSOM STREET - north side between 7th and Russ Streets, Lots 019 in Assessor's Block 3731 - Request for Conditional Use Authorization pursuant to Planning Code Section 239.40A to establish a full-service restaurant (dba Moya) of approximately 1,200 square feet in the SoMa NCT (Neighborhood Commercial Transit) District, SoMa Youth and Family Special Use District, and 65-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

B.        COMMISSIONERS’ QUESTIONS AND MATTERS

 

3.         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.         DIRECTOR’S REPORT

 

4.         Director’s Announcements

           

5.         Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.

 

6.                                                                                        (D. ALUMBAUGH: (415) 558-6601)

INFORMATIONAL PRESENTATION:  GREEN DEVELOPMENT AGREEMENTS – The Office of Economic and Workforce Development (OEWD) is developing two ordinances in support of Green Development Agreements:

1.   An ordinance creating a Green Development Agreement (GDA) “fast track” approval process for interim uses on vacant lots with previously entitled projects.  This ordinance would provide stalled development projects with legally-binding protection from future uncertainty in exchange for the provision of certain interim public benefits, including greening and/or art-related uses.

2.   An ordinance approving a “Pilot Project” GDA for the 399 Fremont development site.  This ordinance would grant approval of the City’s first GDA, which would incorporate an interim use agreement & schematic design plan at the vacant site of the 399 Fremont project.

The OEWD will make an informational presentation, and seeks the Planning Commission’s early policy guidance and feedback in advance of introducing the two draft ordinances in March.  (No Commission action is required.)

 

D.         GENERALPUBLIC COMMENT – 15 MINUTES

 

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items.  With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting.  Each member of the public may address the Commission for up to three minutes.

 

E.         REGULAR CALENDAR  

 

7.        2009.0996C                                                                                 (S. Lai:  (415) 575-9087)

1784 UNION STREET - north side between Octavia Street and Gough Street; Lot 013 of Assessor’s Block 0529 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 725.24, 725.42, 725.48 and 303, to establish a new full service restaurant (dba “Giordano Bros.”) in the vacant ground floor commercial space (last occupied by a retail use); to have indoor entertainment such as live music; and to add outdoor seating in the rear yard, within the Union Street NCD (Neighborhood Commercial District) and a 40-X Height and Bulk District. The restaurant also seeks to obtain a beer and wine, type 41 ABC, license.

Preliminary Recommendation: Approval with Conditions.

 

8.        2009.0531C                                                                          (E. Watty:  (415) 558-6620) 

725 TARAVAL STREET -  south side between 17th and 18th Avenues; Lots 052-058 in Assessor’s Block 2408 - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 303, 711.83, 790.80, for T-Mobile to install up to eight new panel antennas located on the four-story mixed-use building’s elevator penthouse structures, with four equipment cabinets located within the building’s underground garage, within a NC-2 (Neighborhood Commercial, Small-Scale) Zoning District and 40-X Height and Bulk District.Pursuant to the City and County of San Francisco's Wireless Telecommunications Services (WTS) Facilities Siting Guidelines the proposal is a Preferred Location Preference 5 as it is a mixed-use building in an NC-2 District.

Preliminary Recommendation: Approval with Conditions

 

9.        2009.0550I                                                                        (M. Woods:  (415) 558-6315)

ST. MARY’S MEDICAL CENTER (SMMC) INSTITUTIONAL MASTER PLAN (IMP) - Public Hearing on St. Mary’s Medical Center’s Institutional Master Plan, pursuant to Planning Code Section 304.5.  SMMC consists of Lots 038 and 041 in Assessor’s Block 1191; Lots 011, 011A and 014 in Assessor’s Block 1213, and Lot 017 in Assessor’s Block 6959. The IMP contains information on the nature and history of the institution, the location and use of affiliated buildings, and the institution’s development plans.  The IMP is available for viewing on the Planning Department’s website (fromwww.sfplanning.org click “Publications” and then “Institutional Master Plans”).

Preliminary Recommendation: No action required.  This is an informational item only.

 

10a.     2007.1135EKVX                                                                   (J. MILLER: (415) 558-6344)

562 – 564 HOWARD STREET - north side between First and Second Streets - Review under Planning Code (hereinafter “Code”) Section 309an eight-story addition to an existing two-story building to contain approximately 19 dwelling units, second-story residential use and ground-floor retail space, approximately 122 feet in height, requiring an exception pursuant to Code Section 309(a)(1) for rear-yard requirements, Lot 019 in Assessor's Block 3721, in a C-3-O(SD) (Downtown Office – Special District) and a 450-S Height and Bulk District.

Preliminary Recommendation:     Approval with Conditions

 

10b.     2007.1135EKVX                                                                   (J. MILLER: (415) 558-6344)

562 – 564 HOWARD STREET - north side between First and Second Streets - Request for aVariance of Planning Code Section 140 for dwelling-unit exposure for ten dwelling units in conjunction with the construction of 19 new dwelling units, Lot 019 in Assessor's Block 3721, in a C-3-O(SD) (Downtown Office – Special District) and a 450-S Height and Bulk District.

 

11.       2010.0050T                                                                   (T. SULLIVAN: (415) 558-6257)

Amendments relating to Planning Code Section 315 to amend the Affordable Housing Program and related components [BOS File No. 10-0046] -  Ordinance introduced by Mayor Newsom and Supervisor Chiu that would amend Planning Code Section 315 et seq. to change the name of the Residential Inclusionary Housing Affordable Program to the Affordable Housing Program and to require all project applicants to pay the Affordable Housing fee unless they are eligible for an alternative; making other amendments to the program including expanding the uses of the Citywide Affordable Housing Fund, deleting provisions relating to certain requirements of off-site units, and deleting provisions requiring a refund of fees after issuance of certificate of occupancy; amending Section 827 to delete the requirement that 50% of on – or off- site affordable housing units provided under Section 315 et seq. in the Rincon Hill Area Plan be provided as rental; amending the Administrative Code by amending Chapter 56 related to Development Agreements to create certain exemptions from its requirements for rental housing developments with on-site inclusionary units; and making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval

 

            12.       2009.0914D                                                                           (T. FRYE: (415) 575-6822)

424 FRANCISCO STREET - north side of Francisco Street between Powell and Mason Streets, Assessor’s Block 0041; Lot 010 - Request for Discretionary Review of Building Permit Application No. 2004.01.22.4627 to insert a garage opening within the subject building to accommodate 6 off-street parking spaces. The subject property is within the North Beach Neighborhood Commercial District with a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take discretionary review and approve as proposed

                        (Continued from Regular Meeting of February 11, 2010)

 

13.       2009.1028D                                                                            (T. FRYE: (415) 575-6822)

1017 GREEN STREET - between Leavenworth and Jones Streets, Assessor’s Block 0126; Lot 051 - Request for Discretionary Review of Building Permit Application No. 2009.06.25.1269 is to expand the existing penthouse structure and enclose an existing roof deck to add approximately 267 square feet of enclosed habitable space to the penthouse structure.  The subject property is within a RH-2 Zoning District with a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take discretionary review and approve as proposed

 

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:

 

Last updated: 2/19/2010 1:59:49 PM