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Seal of the City and County of San Francisco
City and County of San Francisco
Public Hearings 

December 9, 2010 - Regular Meeting



Notice of Meeting



Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, December 9, 2010

10:30 AM

Regular Meeting


President:  Ron Miguel

Vice-President: Christina R. Olague

                        Commissioners: Michael J. Antonini, Gwyneth Borden, Raymond Fong, Kathrin Moore, and Hisashi Sugaya


Commission Secretary: Linda D. Avery

Commission Calendars are available on the Internet at
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:


View the broadcast live, Thursdays on Cable Channel 78.


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





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:


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//


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


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



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.




10:30 AM   _________


ROLL CALL:                                                     

                        President:                                 Ron Miguel

                        Vice-President:                          Christina R. Olague

Commissioners:                        Michael J. Antonini, Gwyneth Borden, Raymond Fong, Kathrin Moore, and Hisashi Sugaya





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.         2009.0649C                                                                   (D. SANCHEZ: (415) 575-9082)
2980 24TH STREET - northeast corner of Harrison and 24th Streets, Lots 039, 040 in Assessor’s Block 4206 - Request for Conditional Use Authorization under Planning Code Sections 727.83 and 303 to install a wireless transmission facility consisting of six panel antennas on an existing mixed use building within the 24th Street - Mission Street Neighborhood Commercial Transit District and a 55-X Height and Bulk District.

Preliminary Recommendation:  Approval with Conditions

(Proposed for Continuance to January 13, 2011)




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.


2.         Consideration of Adoption:

·         Draft Minutes of Special Joint Meeting of October 21, 2010

      (Continued from the Regular meeting of December 2, 2010)


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.




4.         Director’s Announcements


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


6.         Department’s Budget Update                               (T. DISANTO:  (415) 575-9113)

Fiscal Year 2010-11 - Budget Status Update - and Fiscal Year 2011-12 Budget Priority Considerations. 





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.         2010.0863T                                                                      (K. McGee: (415) 558-6367)

Amendments to the Planning Code Section 420.1-420.5: The Visitacion Valley Community Facilities and Infrastructure Fee and Fund [Board File No. 101247] - Ordinance introduced by Supervisor Maxwell amending Planning Code Sections 420.1 (Findings), 420.2 (Definitions), 420.3 (Application), 420.4 (Imposition of Requirements), 420.5 (Visitacion Valley Community Facilities and Infrastructure Fund) to update the Visitacion Valley Community Facilities and Infrastructure Fee and Fund and to conform the program with other Area Plan fee programs; and 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.

Preliminary Recommendation: Approval.

(Continued from Regular Meeting of November 18, 2010)

NOTE: On November 18, 2010, following public testimony, the Commission continued this item to 12/9/10 by a vote of (+6 -0).  Public hearing remains open.

                                                                                                                                                                                                                                                                  8.                                                                                                       (C. HAW: (415) 558-6618)

            ACADEMY OF ART UNIVERSITY (AAU) ENFORCEMENT PROGRAM UPDATE - Informational presentation and discussion on the Academy of Art University (AAU) housing practices and progress on the enforcement program. 

Preliminary Recommendation: No Action Required


9.         2007.1079C                                                                (R. Crawford: (415) 558-6358)

2295 TAYLOR STREET (aka 701 CHESTNUT STREET) - southwest corner of Taylor and Chestnut Streets, a Lot 001, in Assessor’s Block 0066 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 722.21 Use Size exceeding 1,999 square feet, and 722.81 Institutions, Large, to modify Planning Commission Motion 13457 in Case # 1992.400IECV severing the use of the property at 2295 Taylor Street from that  at 800 Chestnut Street and to establish a Large Institutional Use, Academy of Art University, a post-secondary educational institution and allow use of the building for artist studio space for graduate students of the University within the North Beach Neighborhood Commercial District and 40-X Height and Bulk District.

Preliminary Recommendation: Disapproval


1:30 P.M.



10.        2010.0756T                                                                    (A. RODGERS: (415) 558-6395)

Ordinance amending Planning Code Sections 124, 132.2, 144, 145, 145.1, 145.5, 150, 151.1, 155, 161, 186, 209.8, 210.3, 212, 231, 243, 253, 253.3, and repealing Sections 175.1, 175.2, 175.3, 175.4, 175.5, and 249.26, to create comprehensive and consistent street frontage controls.  Ordinance proposed by Supervisor Mirkarimi to create comprehensive and consistent street frontage controls for residential districts, to create consistent ground floor controls for industrial districts, to permit certain small corner commercial uses in RM-3 and RM-4 districts, to modify floor area ration controls in the Van Ness SUD, to modify conditional use authorization requirements for buildings over 40 feet in RM and RC districts, to amend the procedure for certain exceptions from off-street parking and loading requirements, and to permit parking and loading exceptions to preserve historic buildings and trees.

Preliminary Recommendation: Approval with Modifications.


11.        2010.0970C                                                                         (E. WATTY: (415) 558-6620)

2342-2348 MARKET STREET - north side between 16th and Castro Streets; Lot 007 in Assessor's Block 3562 - Staff-Initiated Modification to Conditional Use Authorization, Case No. 2008.0444C, pursuant to Planning Code Sections 303 to enclose or remove a smoking patio in front of a bar (dba Trigger) to mitigate complaints regarding noise.  On June 26, 2008 the Planning Commission approved 2008.0444C to expand an existing bar with other entertainment and for a use size exceeding 2,999 square feet. The Project also included an outdoor activity area, pursuant to Sections 721.24 and 790.70, consisting of a front smoking patio.  The Subject Property is within the Upper Market Neighborhood Commercial District and 65-B Height and Bulk District.

Preliminary Recommendation: Approval with Conditions




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))




Last updated: 12/6/2010 8:44:15 AM