December 18, 2003
Notice of Meeting
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett
Thursday, December 18, 2003
President: Shelley Bradford Bell
Vice-President: Michael J. Antonini
Commissioners: Rev. Edgar E. Boyd; Lisa Feldstein;
Kevin Hughes; Sue Lee; William L. Lee
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.
To view the hearing in progress on the Internet: http://www.sfgov.org/sfgtv
THE AGENDA PACKET IS AVAILABLE FOR REVIEW AT THE PLANNING DEPARTMENT
1660 MISSION STREET, 5TH 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 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.
When sending e-mail correspondence to Commissioners, please copy the Commission
Secretary at: email@example.com
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 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 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..
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, 1660 Mission St., 5th floor reception.
1:30 PM _________
ROLL CALL: Commission President: Shelley Bradford Bell
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. 1999.233E (B. WYCKO: (415) 558-5972)
833 - 881 JAMESTOWN AVENUE - Appeal of Preliminary Negative Declaration The project sponsor proposes construction of a Planned Unit Development (PUD) that would consist of 198 one-, two- and three-bedroom market-rate condominiums on an approximately 6.9-acre lot, located at 833-881 Jamestown Avenue on Assessor's Block 4991, Lot 277, on the northern slope of Bayview Hill. The site is currently used as an overflow parking lot for events at Candlestick Park, which is approximately one-third of a mile southeast of the project site. The site is bordered by Jamestown Avenue (and single-family homes on the north side of Jamestown) to the north, another vacant lot to the east that also is used for parking for major events at Candlestick Park, the hillside to the south, and single-family housing to the west. Although the area proposed for development is mostly flat, development would require excavation of up to approximately 30 vertical feet at the base of the hill. The project would consist of 11 separate three- and four-story buildings: seven buildings of 12 to 18 units each along Jamestown Avenue and four buildings to the rear, at the base of the hillside. Of these latter four structures, two (36 units each) would be built atop one-story gated parking garages, while smaller buildings (one of eight and one of 10 units) would flank the garages. A total of 216 independently accessible parking spaces would be provided. The proposed project would include landscaping along Jamestown Avenue, construction of a 10-foot-wide sidewalk, two off-street freight loading areas, and about 28,900 sq. ft. of common open space, including two rear yards at the base of the hillside totaling about 7,250 sq. ft. and podium- and ground-level patios. The project also would remedy an existing drainage problem on Bayview Hill above the project site, on Recreation and Park Department land. The project site is located within the South Bayshore Plan area, in an RH-2 (Two-Family) Use District and a 40-X Height and Bulk District. As a PUD, the project would require review and approval by the City Planning Commission pursuant to Sections 303 and 304 of the Planning Code.
(Proposed for Continuance to February 5, 2004)
2. 2003.0966T (P. LORD: (415) 558-6311)
FORMULA RETAIL USES - Consideration of an Ordinance to amend the Planning Code by adding Section 703.3 and by amending Section 182 to make findings as to the need to regulate formula retail uses, to define formula retail uses, prohibit formula retail uses in the Hayes-Gough Neighborhood Commercial District and in the Neighborhood Commercial Cluster Districts at Cole and Carl Streets and Parnassus and Stanyan Streets, to require any building permit application for formula retail use to comply with the notice and design review procedures of Section 312 of the Planning Code, to provide that the burden to prove that a use is not a formula retail use rests with the building permit applicant or holder, and to provide that nonconforming uses in Residential District which are seeking to change in use to retail sales activity or retail sales establishment which is also a formula retail use must comply with the provisions of Section 703.3 , making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.
(Continued from Regular Meeting of November 20, 2003)
(Proposed for Continuance to January 8, 2004)
3. 2003.0940C (K. MCGEE: (415) 558-6367)
1469 18TH STREET - on the corner of 18th Street and Connecticut Street; Lot 27 in Assessor's Block 4036 - Request for Conditional Use Authorization to install a Walk-Up Facility, an Automated Teller Machine (ATM), without providing a 3 foot recess from the front property line, located in an NC-2 (Small-Scale Neighborhood Commercial) Zoning District and in a 40-X Height and Bulk District, per Planning Code Section 711.26.
Preliminary Recommendation: Continue hearing date to January 15th, 2004.
(Proposed for Continuance to January 15, 2004)
4. 2003.1110T (I. WILSON: (415) 558-6163)
REQUIRED SECOND MEANS OF EGRESS AMENDMENT - Consideration of an Ordinance amending the San Francisco Planning Code by adding a new Section 136(c)(4)(A)(i-v) to allow, as a permitted obstruction, a stairway that is a required Second Means of Egress under the Building Code.
(Proposed for Continuance to January 22, 2004)
5a. 2002.0605CV (J. IONIN: (415) 558-6309)
4614-4630 CALIFORNIA STREET - "The St. James Episcopal Church and Pre-School"; Lot 049 in Assessor's Block 1368 - Request for Conditional Use authorization pursuant to Section 209.3(f) & (j) of the Planning Code to allow for the demolition of existing structures and construction of a new building for the St. James Episcopal Church administrative facilities, offices for non-profit counseling accessory to the church-related services, and a child-care facility providing less than 24-hour care for 13 or more children by licensed personnel within an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with conditions.
(Continued from Regular Meeting of December 4, 2003)
(Proposed for Continuance to January 22, 2004)
5b. 2002.0605CV (J. IONIN: (415) 558-6309)
4614-4630 CALIFORNIA STREET - Request for Parking and Rear Yard Variances. Article 1.5 Section 150(b) of the Planning Code requires child care facilities to provide one independently accessible off-street parking space for every 25 children, where the number of such children exceeds 24. Section 150(d) requires that existing parking spaces be retained. The project proposes no new off-street parking spaces and the elimination of one off-street parking space where 1 is required (based on the existing deficiency). Article 1.2 Section 134 of the Planning Code requires a 45 percent rear yard, which can be reduced to 25 percent through averaging or 15 feet whichever is greater. The project proposes a 15 foot rear yard where 25 feet are required.
(Continued from Regular Meeting of December 4, 2003)
6. 2003.0724C (M. WOODS: (415) 558-6315)
1287-89 11TH AVENUE - west side between Irving Street and Lincoln Way; Lot 19, in Assessor's Block 1739 - Request for Conditional Use authorization under Sections 303 and 730.39 of the Planning Code to demolish two residential units on the second floor and above on an approximately 2,400 square-foot lot, in the Inner Sunset Neighborhood Commercial District and a 40-X Height and Bulk Districts. The proposed project would demolish the existing two-story over garage, two-family building and construct a new three-story over three-car garage building containing three dwelling units.
Preliminary Recommendation: Pending
(Proposed for Continuance to February 19, 2004)
B. COMMISSIONERS' QUESTIONS AND MATTERS
7. Consideration of Adoption - Draft Minutes of November 13 and 20, 2003 and December 4, 2003.
8. Commission Comments/Questions
C. DIRECTOR'S REPORT
D. REGULAR CALENDAR
11. 2003.0242Q (M. SMITH: (415) 558-6322)
362-366 SANCHEZ STREET - west side of the street between 16th and 17th Streets, Lot 014 in Assessor's Block 3564 - Public hearing to determine consistency of a proposed five-unit Condominium-Conversion Subdivision with the General Plan, located in a RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.
12a. 2002.1298EKCDV (M. LI: (415) 558-6396)
624 and 630-632 Laguna Street - northeast corner at Ivy Street, Lots 012 and 013 in Assessor's Block 0807 - Adopting CEQA findings regarding a request to construct a four-story, 45-foot-high senior care facility with a roof deck for up to 56 residents within an RM-1 (Residential, Mixed, Low-Density) District, the Hayes-Gough Neighborhood Commercial District, and a 50-X Height and Bulk District. An amended Addendum, dated November 21, 2003, was issued to revise the Final Negative Declaration adopted on May 7, 2003 in response to the revised scope of the project.
Preliminary Recommendation: Adopt the CEQA findings
12b. 2002.1298EKCDV (M. LI: (415) 558-6396)
624 AND 630-632 LAGUNA STREET - northeast corner at Ivy Street, Lots 012 and 013 in Assessor's Block 0807 - Request for conditional use authorization to construct a four-story, 45-foot-high senior care facility with a roof deck for up to 56 residents within an RM-1 (Residential, Mixed, Low-Density) District, the Hayes-Gough Neighborhood Commercial District, and a 50-X Height and Bulk District. The project requires mandatory discretionary review by the Planning Commission for the demolition of a vacant three-unit residential building on Lot 013. The project is also requesting floor area ratio, rear yard, and off-street parking variances.
Preliminary Recommendation: Approval with conditions
12c. 2002.1298EKCDV (M. LI: (415) 558-6396)
630-632 LAGUNA STREET - east side between Ivy and Grove Streets, Lot 013 in Assessor's Block 0807 - Mandatory discretionary review of Building Permit Application No. 2003 1119 0544 proposing the demolition of a vacant three-unit residential building at 630-632 Laguna Street within an RM-1 (Residential, Mixed, Low-Density) District and a 50-X Height and Bulk District.
Preliminary Recommendation: Do not take DR and approve the demolition
12d. 2002.1298EKCDV (M. LI: (415) 558-6396)
624 AND 630-632 LAGUNA STREET - northeast corner at Ivy Street, Lots 012 and 013 in Assessor's Block 0807 - Floor area ratio, rear yard, and parking variances sought. The proposed project is the construction of a four-story, 45-foot-high senior care facility with a roof deck for up to 56 residents within an RM-1 (Residential, Mixed, Low-Density) District, the Hayes-Gough Neighborhood Commercial District and a 50-X Height, and Bulk District. The Planning Code allows a maximum floor area ratio of 3 to 1 on Lot 012 and a maximum floor area ratio of 1.8 to 1 on Lot 013. The project is seeking floor area ratios of up to 3.5 to 1 on Lot 012 and up to 2.4 to 1 on Lot 013. A rear yard of approximately 23' 0" is required for the portion of the project that occupies Lot 013, and the project includes a 34-square-foot stair enclosure (4' 6" by 7' 6") that would encroach into the required rear yard. The project is proposing to provide zero off-street parking spaces where six spaces are required. The variance requests will be considered by the Zoning Administrator.
13. 2003.0881C (M. WOODS: (415) 558-6315)
3119 CLEMENT STREET - south side between 32nd and 33rd Avenues; Lot 26, in Assessor's Block 1464 - Request for Conditional Use authorization under Sections 303 and 710.48 of the Planning Code to allow live entertainment associated with a ground floor full-service restaurant, the El Mansour Moroccan Restaurant, in an NC-1 (Neighborhood Commercial Cluster ) District and a 40-X Height and Bulk District. The proposal is to add live entertainment (belly dancing) on Tuesday through Sunday evenings. (The El Mansour Moroccan Restaurant is currently located at 3123 Clement Street; the applicant is proposing to relocate the restaurant including the live entertainment to 3119 Clement Street.)
Preliminary Recommendation: Approval with conditions.
14. 2003.0838C (G.CABREROS: (415) 558-6169)
848 COLE STREET - east side between Frederick and Carl Streets; Lot 028 in Assessor's Block 1268 - Request for Conditional Use Authorization under Planning Code Section 303 and 710.44 to allow on-site beer and/or wine sales for drinking on the premises at an existing small self-service restaurant known as Reverie Café, located within an NC-1 (Neighborhood Commercial Cluster) District and a 40-X Height and Bulk District.. As the proposal is within the Haight Street Alcohol Moratorium Sub-district, an existing alcohol license (from the now-closed Truly Mediterranean Restaurant at 1724 Haight Street) is to be transferred to Reverie Café. No construction work is proposed as part of this application.
Preliminary Recommendation: Approval with conditions.
E. 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))