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

October 10, 2002

October 10, 2002

 

SAN FRANCISCO PLANNING COMMISSION


SAN FRANCISCO
DIRECTOR OF PLANNING/
ZONING ADMINISTRATOR

Or

PLANNING COMMISSION

Notice of Meeting
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, October 10, 2002
1:30 PM

Commission Members

Or

Gerald G. Green
Director of Planning

Lawrence B. Badiner
Zoning Administrator

Commission Secretary: Linda D. Avery


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

To view the hearing on the internet when it is carried on SFGTV Channel 26:
http://www.sfgov.org
SFGTV Recorded Schedule: (415) 557-4293

THE AGENDA PACKET IS AVAILABLE FOR REVIEW AT THE PLANNING DEPARTMENT
1660 MISSION STREET, 5TH FLOOR RECEPTION


NOTE: If the four candidates nominated by the Mayor are confirmed and sworn in prior to this hearing, they and the candidates sworn in by the Board of Supervisor's President will sit as members of the new Planning Commission for the City and County of San Francisco at this hearing. In that event, it is anticipated that all items listed on this calendar will be considered by the Commission. If, however, the four candidates nominated by the Mayor are not confirmed and sworn in prior to this hearing, the hearing will be conducted by the Director of Planning and the Zoning Administrator per the jurisdiction granted them by the Board of Supervisors through Emergency Ordinance No. 02-1418.

Jurisdiction
Under the jurisdiction granted to the Director of Planning and the Zoning Administrator under Emergency Ordinance No. 02-1418, the Director of Planning and the Zoning Administrator will hold a public hearing to consider the cases on this calendar.

Appeals
Under Emergency Ordinance No. 02-1418, any person may request a hearing by the Board of Supervisors to review the Director of Planning's Discretionary Review recommendation. Such request for review shall be filed with the Clerk of the Board of Supervisors within 15 days of the date the Director of Planning's recommendation was issued. The Board may uphold, modify, or overrule the Director of Planning's recommendation by a vote of six members. If no request for review by the Board is made within the 15-day period, or if the Board does not act on the matter within 45 days from the filing of the request for hearing, the Director of Planning's recommendation shall become the final decision on the Discretionary Review matter. The Director of Planning's final decision on the Discretionary Review may be appealed to the Board of Appeals within 15 days of action on the Building Permit Application by the Central Permit Bureau. Call (415) 575-6880 for more information.

Under Emergency Ordinance No. 02-1418, the Director of Planning's decisions on Conditional Uses may be appealed pursuant to Planning Code Section 308.1.

Under Emergency Ordinance No. 02-1418, the Zoning Administrator's decisions may be appealed under the normal procedure as set forth in the Planning Code.

Director of Planning's and Zoning Administrator's Hearing Procedures
Material submitted by the public for the Director of Planning or the Zoning Administrator to review prior to a scheduled hearing should be received by the Planning Department reception counter at 1660 Mission Street, 5th floor, no later than 5:00 PM the Wednesday prior to the scheduled public hearing. Persons unable to attend a hearing may submit written comments regarding a calendared item to: Director of Planning Hearing Comments, 1660 Mission Street, Suite 500, 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 Director of Planning or the Zoning Administrator at the public hearing. Otherwise, submit material related to a calendared item at the scheduled hearing for distribution.

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.

Items listed on this calendar will not be heard before the stated time.

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 1660 Mission Street, 5th 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, 1660 Mission Street, Suite 500, 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.

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.

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, Director of Planning and Zoning Administrator's matters, please call Linda D. Avery, Commission Secretary, at (415) 558-6407.

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 72 hours prior to a hearing. 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 Donna Hall, 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 Donna_Hall@ci.sf.ca.us.

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 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, 1660 Mission St., 5th floor reception.





























1:30 PM _________

ROLL CALL:          Commission Members

          Director of Planning:          Gerald G. Green
          Zoning Administrator:          Lawrence B. Badiner

A.          CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

The Commission or Director of Planning or the Zoning Administrator will consider a request for continuance to a later date. The Commission or Director of Planning or the Zoning Administrator 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.

B.          DIRECTOR'S REPORT
          
1.          Director's Announcements

          2.          Review of Past Week's Events at the Board of Supervisors

          3.          Consideration of Adoption – draft minute of Planning Director and Zoning Administrator's Meeting of September 26, 2002.

C.          COMMISSION MATTERS

          4.          Election of Officers

5.          Commission Comments

D.          PUBLIC COMMENT ON AGENDA ITEMS WHERE THE PUBLIC HEARING HAS BEEN CLOSED

At this time, members of the public who wish to address the Commission or Director and Zoning Administrator on agenda items that have already been reviewed in a public hearing at which members of the public were allowed to testify and the public hearing has been closed, they must do so at this time. Each member of the public may address the Commission or Director and Zoning Administrator for up to three minutes.

E.          CONSIDERATION OF FINDINGS AND FINAL ACTION – UNLESS OTHERWISE NOTED, THE PUBLIC HEARING FOR THIS CATEGORY IS CLOSED.

          6.          2002.0452D (T. TAM: (415) 558-6325)
75 MIRALOMA DRIVE - southeast side, between Juanita Way and Bengal Alley, Lot 34 in Assessor's Block 2973. Discretionary Review request on Building Permit Application No. 2002.02.23.2627s, proposing to construct a new three-story-over-garage, single-family dwelling on a presently vacant parcel in an RH-1-D (Residential, House, One-Family, Detached) District and a 40-X Height and Bulk District.
          Preliminary Recommendation: Take Discretionary Review and approve the project with modifications.
          (Continued from Regular Meeting of September 12, 2002)
NOTE: On September 26, 2002, following public testimony, the Director of Planning closed the public hearing and continued the matter to October 3, 2002 with instructions to the project sponsor. They are to express their commitment to carry forward their proposed recommendations based on yet to be submitted plans; submit the plans; have your engineers assemble all the recommendations in one form--there are [currently] three or four reports with the recommendations spread throughout. The recommendations should deal with making sure the design is appropriate of the structure and retaining walls; make sure the grading is carried out properly--both during and after construction; explain what steps are going to be taken to protect the topography afterwards. Submit this to the Department separately and as amendments to the building plan. Also, submit a complete formal and professional profile that shows the entire condition including the DR requestor's property. This should be presented to the DR requestor as well as here (at next hearing). The public hearing may be re-opened to allow testimony on any new information presented.
NOTE: On October 3, 2002 the matter was continued to October 10, 2002.
          
AT THE DISCRETION OF THE COMMISSION OR THE DIRECTOR AND ZONING ADMINISTRATOR, THE PUBLIC HEARING FOR ITEMS 7a & 7b MAY BE REOPENED.

7a.          2001.1126CV (D. SIROIS: (415) 558-6313)
965-985 GENEVA AVENUE & 852 PARIS STREET (AKA APOLLO THEATER), north side of Geneva Avenue, between Paris Street and London Street, Lots 5-10 on Assessor's Block 6409 - Request for conditional use authorization to develop a project site greater than 9,999 square feet pursuant to Planning Code Section 712.11; to allow Walgreen's Pharmacy to occupy commercial space on the ground floor and in a new mezzanine in excess of 5,999 square feet pursuant to Section 712.21; and to allow the construction of 8 residential units without the required off-street parking pursuant to Section 161(j). The Project Site is located in an NC-3 (Moderate-Scale Neighborhood Commercial) District and in a 65-X Height and Bulk District, and in an RH-1 (Residential, One-Family) District in a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with conditions for modified version of project.
                    NOTE: On June 13, 2002, following public testimony, the Commission closed the public hearing and entertained a motion to approve the project. The motion failed to carry by a vote of +3 –2. Commissioners Baltimore and Joe voted no. Commissioners Chinchilla and Lim were absent. This matter was continued to June 27, 2002, to allow the absent commissioners to participate in the final action.
NOTE: On June 27, 2002, the Commission entertained the motion to approve with conditions to allow 2 storefronts instead of the proposed 3. Motion failed to carry by a vote +3 –2. Commissioner Chinchilla was excused. Commissioner Fay was absent. At the call of the Chair the matter was continued to August 1, 2002.
NOTE: On September 12, 2002, this matter was continued indefinitely. It has since been re-noticed and placed on the October 10, 2002 calendar
(Continued from Regular Meeting of September 12, 2002)

          7b.          2001.1126CV                                         (D. SIROIS: (415) 558-6313)
965-985 GENEVA AVENUE & 852 PARIS STREET (AKA APOLLO THEATER), north side of Geneva Avenue, between Paris Street and London Street, Lots 5-10 on Assessor's Block 6409 - Request for rear yard variance pursuant to Planning Code Section 134 to allow the new third floor to be occupied by residential units without providing the required rear yard at the residential level. The Project Site is located in an NC-3 (Moderate-Scale Neighborhood Commercial) District and in a 65-X Height and Bulk District, and in an RH-1 (Residential, One-Family) District in a 40-X Height and Bulk District.
                    NOTE: On June 13, 2002, the Acting Zoning Administrator closed public
                    hearing and continued the matter to June 27, 2002.
NOTE: On September 12, 2002, this matter was continued indefinitely. It has since been re-noticed and placed on the October 10, 2002 calendar
(Continued from Regular Meeting of September 12, 2002)

F.          REGULAR CALENDAR

8.          2002.0338C                                         (D. DiBARTOLO: (415) 558-6291)
1111 CALIFORNIA STREET - southwest corner of Taylor Street; Lot 020 in Assessor’s Block 0253 - Request for Conditional Use authorization pursuant to Section 209.6(b) of the Planning Code to replace one existing antenna and install one new panel antenna on the existing garage structure. Both antennas would be surface-mounted on the façade of the existing parking garage building. This installation would be part of the Cingular Wireless PCS telecommunications network within an RM-4 (Residential Mixed High Density) District and a 65-A Height and Bulk District. The site is a Preference 2 (Preferred, Co-location site) per the City & County of San Francisco’s Wireless Transmission Services (WTS) Facilities Siting Guidelines.
          Preliminary Recommendation: Approval with conditions
          (Continued from Regular Meeting of September 26, 2002)

                    9.          2002.0613IC (K. SIMONSON: (415) 558-6321)
301 LYON STREET - northwest corner of Lyon and Fell Streets, Assessor's Block 1207, Lot 8 - Report to the Planning Commission on the filing of an Abbreviated Institutional Master Plan (AIMP) for Westmont College, San Francisco Urban Program. The AIMP is for the proposed relocation of the post-secondary institution from 3016 Jackson Street to 301 Lyon Street. Pursuant to Planning Code Section 304.5(d), the Planning Commission shall be informed of the filing of the AIMP. The Commission may, at its option, choose to hold or not hold a public hearing on the plan, for the receipt of public testimony only. Such hearing would not be for the purpose of approving or disapproving the AIMP. The property is City Landmark No. 128, and is in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.
          Preliminary Recommendation: Do not hold public hearing on Abbreviated Institutional Master Plan.
                    (Continued from Regular Meeting of September 26, 2002)
                    NOTE: To be considered by the Planning Commission Only

G.          DISCRETIONARY REVIEW HEARING

Procedures governing Discretionary Review Hearings are as follow: Discretionary Review Requestor(s) are provided with up to five (5) minutes for a presentation and those in support of the Discretionary Review Requestor(s) are provided with up to three (3) minutes each. The Project Sponsor is then provided with up to five (5) minutes for a presentation and those in support of the project are provided with up to three (3) minutes each. At the conclusion, each side (not each person) is provided with 2 minutes for a rebuttal.

          10.          2002.0469D                                         (S. VELLVE: (415) 558-6263)
4118 LAWTON STREET - North side between 47th and 48th Avenues, Lot 020 in Assessor's Block 1893 - Mandatory Discretionary Review, under the Planning Commission policy requiring review of housing demolition, of Permit Application No. 2001.11.09.2901 for the demolition of an existing one-story single-family dwelling in a RH-1 (House, One-Family) District and a 40-X Height and Bulk District. A new single-family dwelling is proposed to be constructed on the subject property under a separate Building Permit Application.
Preliminary Staff Recommendation: Do not take Discretionary Review and approve the application as submitted.

11.          2002.0753D                               (S. VELLVE: (415) 558-6263)
3226B 16TH STREET - north side between Guerrero and Dolores Streets, Lot 019 in Assessor’s Block 3556 - Request for Discretionary Review of Building Permit Application No. 2002.04.19.4483 for a change of use from Office to Personal Service with accessory massage in the Valencia Neighborhood Commercial District and a 40-X Height and Bulk District.
Preliminary Staff Recommendation: Do not take Discretionary Review and approve the application as submitted.

          12.          2000.0413DD & 2002.0874DD          (M. WOODS: (415) 558-6315)
          226 17th AVENUE - east side between California and Clement Streets, Lot 29A
          in Assessor’s Block 1417 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Permit Application No. 9914684 for the demolition of a two-story, single-family dwelling and Discretionary Review of Building Permit Application No. 9914683S, requested by the public, proposing to construct a three-story, two-unit building. The subject property is located within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
                    Preliminary Staff Recommendation: Do not take Discretionary Review and approve both applications as proposed.
                    (Continued from Regular Meeting of September 17, 2002)

          13.          2002.0054D          (D. JONES: (415) 558-6477)
          496-498 ALVARADO STREET/947 NOE STREET - northeast corner of the intersection Noe and Alvarado Streets, Lot 0018 in Assessor’s Block 3626 - Pursuant to Resolution 16078 a Mandatory Discretionary Review, under the Planning Commission's policy requiring review of dwelling unit merger, for the proposed dwelling unit merger of five existing units into three dwelling units located in an RH-2 neighborhood (Residential, Two-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation:           Do not take DR and approve the proposed dwelling unit merger.
                    (Continued from Regular Meeting of September 12, 2002)

14.          2002.1015DDD & 2002.1016DD                     (D. JONES: (415) 558-6477)
          626 KIRKHAM STREET - north side of Kirkham Street between 10th and 11th Avenues; Lot 021 in Assessors Block 1843 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 9918244 of a one-story, single-family dwelling and Discretionary Review of Building Permit Application No. 9918241S, requested by the public, proposing to construct a four-story, two-unit building. The subject property is located within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
Preliminary Staff Recommendation: Do not take Discretionary Review on the proposed demolition and take Discretionary Review and modify the proposed new construction.


H.          PUBLIC COMMENT

At this time, members of the public may address the Commission or Director and Zoning Administrator on items of interest to the public that are within the subject matter jurisdiction of the Commission or Director and Zoning Administrator except agenda items. With respect to agenda items, your opportunity to address the Commission or Director and Zoning Administrator will be afforded when the item is reached in the meeting. Each member of the public may address the Commission or Director and Zoning Administrator 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: 11/17/2009 9:59:45 PM