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Public Hearings 
 

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, August 5, 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.

Case reports and relevant materials are linked to the items on calendar at the above web site.

 

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.         2009.0187T                                                                   (A. Rodgers: (415) 558-6395)

DEPARTMENT-SPONSORED PLANNING CODE AMENDMENTS - The Planning Commission will consider a Resolution to approve a draft Ordinance amending the Planning Code requirements for car-share. The draft Ordinance would 1) expand nonresidential requirements to apply to all zoning districts; 2)  allow car–share parking wherever residential parking is permitted; 3) include car-share programs among the transportation management and transportation brokerage services required for new office buildings; 4) amend car-share requirements to require car-share memberships within new developments that exceed permitted levels of parking;  5) endorse procedures for Commission deliberation of car-share requirements beyond those currently identified for both residential and commercial developments;  6) additional possible amendments associated with the current car share requirements; and 7) adopt 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. The Planning Code sections proposed for amendment include Sections 163 and 166.

Preliminary Recommendation: Approval of proposed Ordinance to the Board of Supervisors.

                        (Proposed for Continuance to August 12, 2010)

 

        2.           2010.0182U                                                                    (A. RODGERS: (415) 558- 6395)

Request for adoption of a policy to promote "Bird-Safe Building Standards," to reduce structural collisions  and other negative impacts on resident and migratory birds, comprising suggested conditions of approval for glazing, night-time lighting, wind generators, monitoring, and reporting of animal strikes.

Preliminary Recommendation: Adopt the draft policy

(Proposed for Continuance to September 23, 2010)

 

B.         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

 

3.         2010.0360C                                                                (R. Crawford: (415) 558-6358)

1423 Polk Street - west side between California and Pine Streets Lot 003, of Assessor’s Block 0646. - Request for Conditional Use Authorization under Planning Code Section 723.42, Full Service Restaurant.  The project would convert the existing commercial space previously used for an antique store (d.b.a. Curiosity) to a Full Service

 

Restaurant (business name tbd).  This project lies within the Polk Street Neighborhood Commercial District and within the 80-A Height and Bulk District.

                        Preliminary Recommendation: Approval with Conditions

 

C.        COMMISSIONERS’ QUESTIONS AND MATTERS

 

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.

 

4.         Consideration of Adoption:

 

        Draft Minutes of Regular Meeting of May 27, 2010

 

            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.         DIRECTOR’S REPORT

 

5.         Director’s Announcements

           

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

                               

E.         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.

 

F.                 REGULAR CALENDAR 

 

7.        2010.0080T                                                                   (T. SULLIVAN: (415) 558-6257)

Amendments to the Planning Code, including but not limited to Sections 121.2, 136.1, 151, 185, 186, 201, 204.2, 205, 205.1, 205.3, 207.2, 209.3, 209.8, 217, 249, 303, 309, 311, 340, 317, 602.25, 602.26, 607.1, 790.44, 803.2, 803.3, 3 890.133, 890.44, 703.2, and various sections of Articles 7, 10, and 11. Ordinance sponsored by the Planning Department that would amend the Planning Code.  The proposed amendments are mainly clerical clean-up in nature, with Sections 121.2, 136.1, 151, 185, 186, 201, 204.2, 205, 205.1, 205.3, 207.2, 209.3, 209.8, 217, 249, 303, 309, 311, 340, 317, 602.25, 602.26, 607.1, 790.44, 803.2, 803.3, 3 890.133, 890.44, 703.2, and Articles 7, 10, and 11 being amended. 

Preliminary Recommendation: Approval of Proposed Ordinance with modifications to Board of Supervisors.

 

 

            8.         2007.1275                                                                  (K. DISCHINGER (415) 558-6284)

San Francisco  2009 Housing Element - Informational update on the 2009 Housing Element update - The Housing Element is a public policy document that addresses issues relating to housing needs for San Francisco residents. The Housing Element is prepared in response to Government Code section 65580 et seq. California housing element law, which requires local jurisdictions to plan for and address the housing needs of its population for attainment of state housing goals. The City has undergone a community planning process and released a second draft of the element in June.

Preliminary Recommendation: No Action Required

 

9.         2007.1275E                                                                          (J. Range: (415) 575-9018)

San Francisco 2004 and 2009 Housing Element - Public Hearing on the Draft Environmental Impact Report - The proposed project is the 2004 and 2009 Housing Elements. The Housing Element is a public policy document that addresses issues relating to housing needs for San Francisco residents. The Housing Element is prepared in response to Government Code section 65580 et seq. California housing element law, which requires local jurisdictions to plan for and address the housing needs of its population for attainment of state housing goals. The California Court of Appeals has determined the environmental document prepared for the 2004 Housing Element inadequate, and has directed the City to prepare an EIR for the 2004 Housing Element. The City must also comply with state housing element law and prepare another periodic update of the Housing Element. The City has undergone a community planning process and prepared the draft 2009 Housing Element. This EIR will satisfy the City’s legal requirements for preparing an EIR on the 2004 Housing Element and will also analyze the environmental effects of the 2009 Housing Element.

Note:  Written comments will be accepted at the Planning Department’s offices until the close of business on August 16, 2010.

Preliminary Recommendation: No Action Required

 

            10.       2006.0868E                                                                     (M. JACINTO: (415) 575-9033)

800 PRESIDIO AVENUE - Public Hearing on the Draft Environmental Impact Report -southeast corner of Presidio Avenue and Sutter Streets (Assessor's Block 1073, Lot 13) The project sponsors, Booker T. Washington Community Services Center in association with the San Francisco Mayor's Office of Housing, propose to demolish the existing 12,600-square-foot Booker T. Washington Community Center building, presumed an historic resource for purposes of environmental review and to construct a mixed-use structure, which would replace and enlarge the community/recreation center and include new residential units. The project would encompass approximately 70,000 square feet of space on six levels, five above grade and one below at a height of 55 feet along Presidio Avenue. The roughly 19,000 square-foot community center space would accommodate the center’s current and future programs and would also include a gymnasium, meeting space, and several classrooms. The project would include 47 residential units in a mix of unit sizes, half of which would be designated below market rate (BMR) rental housing for emancipated foster youth and the other half BMR units available to both individuals and families. The project proposes 22 parking spaces in a basement garage accessible from a proposed curb cut on Sutter Street. The subject property is within an RM-1 Zoning District and a 40-X Height and Bulk District. The sponsor seeks to amend the Planning Code by establishing a "Presidio-Sutter Special Use District" (SUD) to modify building height and bulk, density, off-street parking, rear yard configuration, and open space requirements. The proposed SUD would necessitate text and map amendments (rezoning), which would require approval by the Board of Supervisors.

Preliminary Recommendation: No Action Required

Note: Written comments will be accepted at the Planning Department’s offices until the close of business on August 10, 2010.

 

            11.       2010.0068M                                                                  (S. SHOTLAND: (415) 558-6308)

GENERAL PLAN AMENDMENT-UPDATING ENVIRONMENTAL PROTECTION ELEMENT MAPS 1 and 2  - Request to amend the Environmental Protection Element by updating Noise Maps to reflect current noise levels.  The proposed General Plan amendment would update Noise Maps in the Environmental Protection Element to reflect current noise levels and incorporate conforming text amendments.  San Francisco has not updated these maps since 1974.

Preliminary Recommendation: Approve Resolution

 

12.       2009.0622R                                                                      (J. SWITZKY: (415) 575-6815)

TRANSBAY TRANSIT CENTER AND BUS RAMPS - General Plan Referral for Partial Street Vacations and Conveyance of City Property to Transbay Joint Powers Authority -On September 22, 2009 the Planning Department received from the Department of Public Works a General Plan Referral Application submitted by the Transbay Joint Powers Authority (“TJPA”) for various street vacations necessary for the construction of the new Transbay Transit Center and associated bus ramps.  Section 4.105 of the City Charter and 2A.53 of Administrative Code require General Plan referrals to the Planning Commission and Planning Department for determination as to whether the lease or sale of public property, the vacation, sale or change in the use of any public way owned by the City and County would be in-conformity with the General Plan prior to consideration of such vacation or sale by the Board of Supervisors. Partial street vacations above and below street grade are proposed for areas of Beale, Fremont, First, Minna, Natoma, Howard, Tehama, Clementina, Oscar, Folsom, and Harrison Streets in order to accommodate the Transit Center building and its below-grade train box, as well as the bus ramps connecting the Transit Center to the Bay Bridge. These facilities will be built in generally the same locations as the existing Transbay Terminal and ramps, which occupy portions of the same streets in generally the same locations and configurations as the proposed facilities. All of the above-grade street vacations generally begin at a height of 18 feet above grade, and therefore the ownership and function of the streets as City-owned public right-of-ways will generally not be affected by the proposed vacations.

Preliminary Recommendation: Find the proposed partial street vacations necessary for the Transbay Transit Center and bus ramps and conveyance of this City Property to the TJPA In Conformity with the General Plan.

 

            13.        2010.0438C                                                                (R. CRAWFORD: (415) 558-6358)

1268 Grant Avenue - southeast corner of Grant Avenue and Vallejo Street Lot 032, in Assessor’s Block 0145. - Request for Conditional Use Authorization under Planning Code Section 722.48, Other Entertainment.  The project would allow electronically amplified entertainment in the existing restaurant and bar.  The proposed entertainment is a karaoke machine. This project lies within the North Beach Neighborhood Commercial District and within the 40-A Height and Bulk District.

            Preliminary Recommendation: Approval with Conditions

 

 14.      2010.0132C                                                                         (S. YOUNG: (415) 558-6346)

1849 UNION STREET  - south side between Laguna and Octavia Streets; Lot 029 in Assessor’s Block 0543 - Request for Conditional Use Authorization under Sections 725.42 and 303 of the Planning Code to convert a vacant retail commercial tenant space with approximately 1,730 square feet of floor area (previously occupied by a retail clothing store dba Bianca Luna) into a full-service restaurant (dba Unique) within the Union Street Neighborhood Commercial Zoning District and a 40-X Height and Bulk District. 

            Preliminary Recommendation: Approval with Conditions

                        (Continued from Regular Meeting of June 24, 2010)

 

           

 

 

 

15a.     2009.1095CV                                                                 (E. OROPEZA: (415) 558-6381)

80 JULIAN AVENUE - west side between 14th and 15th Streets; Lot 027 in Assessor’s Block 3547 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 317, 726.21, 726.24, 726.38, 726.82, 121.2 and 145.2 to demolish the existing single family with 15 guest bedroom dwelling and to construct a new four-story social service use operated by Native American Health Center (NAHC) within the Valencia Street (Neighborhood Commercial Transit) District, and a 45-X Height and Bulk District.  The project is also located within the Mission Alcoholic Beverage Restricted Subdistrict.

Preliminary Recommendation:  Approval with Conditions

(Continued from Regular Meeting of July 15, 2010)

 

15b.     2009.1095CV                                                                 (E. OROPEZA: (415) 558-6381)

80 JULIAN AVENUE - west side between 14th and 15th Streets; Lot 027 in Assessor’s Block 3547 - Request for a Rear Yard Modification and Open Space Variance Request pursuant to Planning Code Sections 134(e) and 135. Planning Code Section 134 requires a rear yard of approximately 25 percent of the lot depth from the second floor and above for all properties located within the Valencia Street Neighborhood Commercial Transit District.  Planning Code Section 135 states that for group housing structures, the minimum amount of usable open space provided for use by each bedroom shall be 1/3 the amount required for a dwelling unit as specified in Paragraph (d)(1). The project proposes no rear yard and the proposed side yard does not meet the minimum dimension requirements to be credited as usable open spaceA side yard is proposed contiguous to an existing side yard under the operation of the Native American Friendship House.

 

            16.       2010.0422C                                                                        (E. Watty: (415) 558-6620)

9 West Portal Avenue - east side between Ulloa and Vicente Streets; Lot 029 in Assessor’s Block 2979A - Request for Conditional Use Authorization, pursuant to Planning Code Section 303, to modify the Conditions of Approval contained in Case No. 2009.0273; Motion No. 17897, in order to extend the hours of operation of the existing bar/liquor store (DBA Vin Debut) to 11:00pm Sunday-Thursday and 12:00am (midnight) Friday and Saturday; and to increase the number of seats permitted for wine tasting to nineteen (19). The Property is located within the West Portal Neighborhood Commercial District and 26-X Height and Bulk District.            

Preliminary Recommendation:  Approval with Conditions

 

17.       2008.0871D                                                                         (E. WATTY: (415) 558-6620)

203 LOS PALMOS DRIVE - south side between Foerster Street and Stanford Heights Avenue; Lots 116 & 117 in Assessor’s Block 3027A - Request for Discretionary Review of Building Permit Application No. 2008.05.06.1388, proposing the construction of a new single-family dwelling on a vacant lot. This permit is associated with a four lot subdivision and the construction of two other new single-family dwellings on Los Palmos Drive. This property is located within the RH-1 (Residential House; One-Family) Zoning District and 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve project as proposed

 

18.       2010.0236DDD                                                                 (C. TEAGUE: (415) 575-9081)

71 Cuvier Street - east side between Bosworth Street and San Jose Avenue, Lot 018 in Assessor's Block 6722 - Request for Discretionary Review of Building Permit Application No. 2009.10.15.9021, proposing to construct a new three-story single-family home on the currently vacant lot in a RH-1(Residential, House-Districts, One-Family)

 

 

 

District and a 40-X Height and Bulk District.

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

                        (Continued from Regular Meeting of July 15, 2010)

 

19        2010.0156D                                                                       (E. WATTY: (415) 558-6620)

1043 PORTOLA DRIVE - south side between Rex and Del Sur Avenues; Lot 025 in Assessor’s Block 2985 - Request for Discretionary Review of Building Permit Application No. 2009.12.01.2355, proposing the construction of a one-story vertical addition to an existing one-story-over-garage single-family detached dwelling within the RH-1(D) (Residential House; One-Family, Detached) Zoning District and 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve project 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: 9/23/2010 5:08:47 PM