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Seal of the City and County of San Francisco
City and County of San Francisco
Public Hearings 
 
April 22, 2004

SAN FRANCISCO
PLANNING COMMISSION

Notice of Meeting
&
Calendar

Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, April 22, 2004
1:30 PM

Regular Meeting

President: Shelley Bradford Bell
Vice-President: Sue Lee
Commissioners: Michael J. Antonini; Rev. Edgar E. Boyd; Lisa Feldstein;
Kevin Hughes; 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: 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.

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 impairrments 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..

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, 1660 Mission St., 5th floor reception.

1:30 PM _________

ROLL CALL: Commission President: Shelley Bradford Bell

        Commission Vice-President: Sue Lee
        Commissioners: Michael J. Antonini; Rev. Edgar E. Boyd; Lisa Feldstein;
        Kevin Hughes; William L. Lee

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. 2002.0914R (D. ARGUMEDO: (415) 558-6308/S. SHOTLAND: (415) 558-6284)

        675 TOWNSEND STREET. south side between 7th and 8th Streets; Lot 007 in Assessor Block 3799. The project is related to Planning Case No. 1998.455C, a mixed use development of 148 dwelling units, approximately 35,000 square feet of ground floor commercial space and 256 parking spaces in two basement levels. Due to the presence of a Caltrain easement, the originally proposed 7'-6" wide sidewalk along Townsend Street would be reduced to 4'-6" to maintain a minimum distance from an existing rail line in the Townsend Street right-of-way. The reduced sidewalk width is less than the Department of Public Works' minimum 6-foot sidewalk width standard. The subject property (675 Townsend Street) is in an M-2 (Heavy Industrial) District and a 40-X/50-X (Height and Bulk) District.

      Preliminary Recommendation: Find the proposal not in conformity with the General Plan

        (Continued from Regular Meeting of April 8, 2004)

            NOTE: On April 1, 2004, following pubic testimony, the Commission closed public hearing. The Commission entertained a motion to find this project not to be in conformity with General Plan by a vote +3 -2. Commissioners Antonini and Bradford-Bell voted no. Commissioners Boyd and Hughes were absent. The motion failed. The matter was continued to April 8, 2004 by a vote +5 -0 to allow the absent commissioners to participate in the final action. Commissioners Boyd and Hughes were absent.

            NOTE: On April 8, 2004, the Commission passed a motion of intent to approve by a vote of +6-1; Commissioner Feldstein voted against. Final Language: April 22, 2004 for final language.

            (Proposed for Continuance to May 6, 2004)

        2a. 2003.0304E (J. NAVARRETE: (415) 558-5975)

        829 FOLSOM STREET - New Construction of 69 Residential Units: Appeal of Preliminary Negative Declaration The proposed project is new construction of 69 residential units in a nine-story, 80-foot tall, approximately 92,900 gross square-foot building covering a 10,313 square-foot site. A public parking lot currently occupies the project site, which would be demolished. About 63 parking spaces would be located in a basement-parking garage with parking entrances/exits on Shipley Street. There would be about 5,000 sq. ft. of ground floor retail space on Folsom Street. Pedestrian access would be on Shipley and Folsom Streets. The proposed project would require Conditional Use authorization for the project's proposed height above 40 feet. The project site is lot 91 in Assessor's Block 3752, on the south side of Folsom Street with street frontage also on Shipley Street, between Fourth and Fifth Street, within a South of Market Residential/Service District (SOM RSD) and a 40-X/85-B Height and Bulk District.

        Preliminary Recommendation: Uphold the Preliminary Negative Declaration

        (Continued from Regular Meeting of April 1, 2004)

        (Proposed for Continuance to May 13, 2004)

      2b. 2003.0304CV (J. PURVIS: (415) 558-6354)

        829 FOLSOM STREET - south side between 4th and 5th Streets, a through lot to Shipley Street; Lot 091 in Assessor's Block 3752. Request for Conditional Use authorization under Planning Code Sections 157, 207.5, 263.11, and 271 to construct an 85-foot-tall, nine-story building exceeding bulk limits, for a mixed-use development with up to 70 dwelling units, up to 5,000 gross square feet of ground floor retail commercial space, and a 62-space parking garage exceeding accessory amounts. A rear yard modification is sought under Section 134(e) to provide rear yard open space within an inner court and on a 7th floor setback of 10-15 feet along Shipley Street.

      Preliminary Recommendation: Pending

        (Continued from Regular Meeting of April 1, 2004)

        (Proposed for Continuance to May 13, 2004)

      2c. 2003.0304CV (J. PURVIS: (415) 558-6354)

            829 FOLSOM STREET - south side between 4th and 5th Streets, a through lot to Shipley Street; Lot 091 in Assessor's Block 3752. The proposal is to construct a mixed-use development with up to 70 dwelling units, up to 5,000 gross square feet of ground floor commercial space and a 62-space parking garage. A rear yard modification is sought under Section 134(e) to provide rear yard open space within an inner court and on a 7th floor setback of 10-15 feet along Shipley Street. Variances are sought from the bay window projection limitations of Section 136(c)(2)(B) and from dwelling unit exposure requirements of Section 140(a)(2). The site is within an RSD (Residential/Service) Mixed-Use District, and a 40-X/85-B Height and Bulk District.

        (Continued from Regular Meeting of April 1, 2004)

        (Proposed for Continuance to May 13, 2004)

        3. 2003.0587HXVLU (A. LIGHT: (415) 558-6254)

            938-942 MARKET STREET - north side between Mason and Cyril Magnin Streets (also fronting on the east side of Mason Street between Market and Eddy Streets (the lot and structure are L-shaped)), Lot 5, in Assessor's Block 341 - Request for 1) a Permit to Alter under Article 11 for a substantial increase in height to a Category I Building; 2) a Determination of Compliance under Section 309 of the Planning Code to permit an one-story vertical addition, historic façade rehabilitation, and conversion of existing office space to approximately 34 residential dwelling units, with an exception to the Planning Code rear yard requirements; 3) the granting of residential open space, dwelling unit exposure, and parking variances; 4) recommendation to the Board of Supervisors for conditional designation as San Francisco Landmark No. 244; and 5) recommendation to the Board of Supervisors for conditional approval of a conditional Mills Act Contract; all for the subject property, which is in the C-3-G Zoning District and a 110-X Height and

            Bulk District. The Zoning Administrator will hear the variance application concurrently with the Planning Commission.

        (Continued from Regular Meeting of March 18, 2004)

            (Proposed for further continuance to May 13, 2004)

      (M. FUNG: (415) 558-6364)

        4. DISCRETIONARY REVIEW COST RECOVERY PROGRAM - On September 25, 2003, the Planning Commission directed the Department to implement full cost recovery for all Discretionary Review (DR) requests, as provided in Sections 352(b) and 350(c) of the Planning Code. On March 4, 2004, the Planning Commission continued the Discretionary Review (DR) Cost Recovery hearing to April 22, 2004 for interested neighborhood groups and department staff to address the Department's financial deficit issues vs. desire for affordable Discretionary Reviews, instead, the department now proposes the following:

            Preliminary Recommendation: To initiate the code amendment to allow an application surcharge for all building permits reviewed by the Planning Department and to modify the Planning Code Fee Ordinance to increase the initial Discretionary Review fee to $300 from $133 to offset Discretionary Review costs.

            (continued from Regular Meeting of March 4, 2004)

            (Proposed for Continuance to May 20, 2004)

        5a. 2004.0032D (J. PURVIS: (415) 558-6354)

            43 HAMILTON STREET - east side south of Silver Avenue; Lot 007 in Assessor's Block 5919 - Mandatory Discretionary Review, under Planning Commission policy requiring review of all housing demolition permits, of Demolition Permit Application No. 2002.10.17.9296 proposing the demolition of a one-story, single-family dwelling in an RH-1 (Residential, House, One-Family) Use District, and a 40-X Height and Bulk District.

            Preliminary Recommendation: Pending

            (Continued fro Regular Meeting of March 11, 2004)

            (Proposed for Continuance to May 27, 2004)

        5b. 2004.0033D (J. PURVIS: (415) 558-6354)

            43 HAMILTON STREET - east side south of Silver Avenue; Lot 007 in Assessor's Block 5919 - Mandatory Discretionary Review, under Planning Commission policy requiring review of all replacement structures following residential demolition, of Building Permit Application No. 2002.10.17.9298 proposing the construction of a two-story single-family dwelling in an RH-1 (Residential, House, One-Family) Use District, and a 40-X Height and Bulk District.

            Preliminary Recommendation: Pending

            (Continued from Regular Meeting of March 11, 2004)

            (Proposed for Continuance to May 27, 2004)

      6. 2003.1110T (I. WILSON: (415) 558-6163)

        REQUIRED SECOND MEANS OF EGRESS - Ordinance Amending the San Francisco Planning Code to Allow a Required Second Means of Egress; Adoption of an ordinance amending the San Francisco Planning Code by adding a new section 136(c)(4)(A)(i-v) to allow certain stairways that are a required second means of egress under the Building Code, as permitted obstructions in the rear yard. The California Building Code no longer allows fire escapes as a second means of egress in most cases. This proposed text amendment provides an exemption to meet the requirements of the Building Code. This ordinance also includes changes to Section 311 and 312 to require neighbor notification for the addition of these stairways.

        Preliminary Recommendation: Recommend approval of the ordinance to the Board of Supervisors.

        (Continued from Regular Meeting of March 25, 2004)

            (Proposed for Continuance to June 10, 2004)

        7. 2003.1164D (M. WOODS: (415) 558-6315)

            6725 CALIFORNIA STREET - south side between 29th and 30th Avenues, Lot 47 in Assessor's Block 1404 - Request for Discretionary Review of Building Permit Application No. 2003.03.13.9612 proposing to alter the existing two-story, single-family dwelling by raising the building approximately eight feet in order to create a new ground floor to contain a two-car garage, with a new dwelling unit behind, and expanding the building to the front, rear and sides. The subject property is located in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District.

            Preliminary Recommendation: Take Discretionary Review and approve the project with modifications.

            NOTE: On January 22, 2004, following public testimony, the Commission closed the public hearing. The Commission expressed concerns that statements about preserving this structure or the essence of it are not reflected in the plans submitted. Item continued to March 25, 2004. Public hearing will remain open on any new information presented.

            (Continued from Regular Meeting of March 25, 2004)

            (Proposed for Continuance to June 3, 2004)

        8. 2003.0841C (G. NELSON: (415) 558-6257)

            1950-1960 GREEN STREET - north side between Buchanan and Laguna Streets; Lot 040 in Assessor's Block 0542: Request for Conditional Use authorization pursuant to Sections 178(c) and 303 of the Planning Code to enlarge 2 legal dwelling units which exceed the density limit for the RH-2 (Residential, Two-Family) District and 40-X Height and Bulk District within an 11-unit residential building. The proposal is also to raise the building approximately four feet to create a new below-grade parking garage for 11 vehicles, and to expand the building toward the rear at the first, second, and third stories to allow enlargement of 4 of the 11 units. New entry stairs and a driveway/garage door will be constructed at the front.

            Preliminary Recommendation: Approval with Conditions

            (Proposed for Continuance to June 3, 2004)

        9. (M. CORRETTE: (415) 558-6295)

      INNER MISSION NORTH, PHASE II HISTORIC RESOURCE SURVEY - Consideration to adopt a motion to endorse the Inner Mission North Cultural Resource Survey, Phase II and Draft Context Statement findings. The Inner Mission North Survey Area is bound by Dolores to the west, Mission, Natoma and Capp Streets to the east, Duboce Avenue to the north and 16th Street to the south and includes the following Assessor Parcels: Block 3532, Lots: 003, 004, 004A, 006, 007, 008, 009, 010, 011, 012, 012A, 019B, 025, 043, 044, 049, 050, 051, 052, 053, 054, 055, 056, 056A, 057,058, 059, 060, 062, 064, 065, 065A, 068, 069, 071. Block 3533, Lots: 007, 008, 011, 013, 015, 016, 017, 018, 019, 020, 021, 022, 023, 026,026A, 029, 031, 032, 033, 033, 034, 039, 040, 041,042, 043, 044, 044A, 046, 047, 048, 049, 050, 051, 051A, 052, 055, 056, 057, 058, 059, 060, 061, 063, 064, 065, 066, 067, 068, 069, 070, 070A, 072, 073, 075, 076, 077, 078, 079, 080, 081, 082, 083, 084. Block 3534, Lots: 002, 003, 004, 005, 006, 006A, 007, 010A, 011, 012, 013, 014, 015, 016, 017, 017A, 017B, 017D, 017E, 018, 019, 020, 022, 024, 025, 025A, 025B, 025C, 025D, 025E, 026B, 027, 028, 031, 031A, 032, 034, 035, 036, 037, 038, 040, 041, 043, 047, 048, 049, 050, 056, 058, 063, 064, 065, 068, 095, 096, 097, 098, 099, 100, 103, 104, 105. Block 3544, Lots: 003, 004, 006A, 008, 010, 011, 79,80,81, 013, 013A, 015, 016, 017. Block 3545, Lots: 018A, 019, 022, 022, 023, 024, 025A, 026, 027, 028, 029, 032, 033, 034,035, 036, 037, 038, 039, 040, 041, 042, 043, 044, 045, 046, 050, 055, 057, 058, 059, 062, 063, 064, 066, 067, 068, 069, 070, 071, 073, 074, 077, 078, 079, 082, 083, 085, 086, 087, 088, 089, 090, 091, 092, 092 A, 093, 094, 096, 097, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120,121. Block: 3547, Lots: 003, 004, 005, 007, 008, 018B, 019, 027. Block 3548, Lots: 019, 020, 021, 023, 024, 025, 026, 027, 028, 031, 032, 036, 036A, 039, 040, 041, 044, 045, 047, 049, 050, 053, 054, 055, 056, 057, 058, 058, 059, 060, 061, 062, 064, 065, 068, 069, 070, 071, 072, 073, 074, 077, 078, 079, 081,082, 083, 084, 086. Block 3553, Lots: 022, 032, 043, 044, 045, 046, 047, 048, 052. Block 3554, Lots: 002, 003, 007, 008, 012, 030, 031, 032, 032A033, 033A, 034, 035, 036, 037, 040, 043, 045, 046, 046A, 047, 051, 052, 055, 056, 057. Block: 3555, Lots: 002, 004, 016, 017, 018, 021, 022, 023, 024, 025, 026, 027, 028, 029, 031, 031A, 031B, 031C, 031D, 031E, 031F, 031G, 033, 034, 042, 044, 045, 047, 048, 049, 050, 051, 052, 053, 054, 055A, 055B, 058, 063. Block 3556, Lots: 002, 003, 004, 005, 006, 007, 008, 016, 017, 018, 019, 020, 021, 023, 027, 030, 033, 035, 037, 038, 039, 048, 230-236, 57, 58, 59. Block 3557, Lots: 008, 008A, 009A, 009B, 010, 011, 012, 013, 014, 015. Block 3567, Lots: 034, 035, 036, 037, 039, 040, 041, 042, 044. Block 3568, Lots: 001, 059, 059, 061, 062, 063, 064, 066, 067. Block 3569, Lots: 049, 050, 051, 075, 076, 077, 078. Block 3570, Lots: 047A, 047C. Phase I gathered information on the physical characteristics of 420 properties in the survey area on DPR 523A forms. Phase II gathered information on the history of each property and evaluated 420 properties, utilizing DPR 523B forms. Evaluations are based on National Register Criteria and assess each property for eligibility for listing in the National Register, California Register, and Local registration. The evaluations consider properties individually and as members of groups, or districts. A historical context was developed as a framework for the evaluation. Survey conclusions and context statement are on the Planning Department's web page at http://www.ci.sf.ca.us/planning/preservation/InnerMiss.pdf

        Preliminary Recommendation: Pending

        (Proposed for Indefinite Continuance)

        10. 2003.0949CV (G. CABREROS: (415) 558-6169)

            3300 CLAY STREET - northwest corner of Presidio Avenue and Clay Street, Lot 003 in Assessor's Block 0997 -- Rear yard, open space and nonconforming structure variances from Planning Code Sections 134, 135 and 188, respectively, are sought. A six-unit apartment building currently occupies most of Lot 003 and a portion of Lot 004. While the lot line adjustment, proposed via the Conditional Use case described above, would result in the apartment building being entirely contained on Lot 003, Lot 003 would remain non-complying with the above provisions requiring variances. The site is within an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District.

            (Variance has been Withdrawn)

B. COMMISSIONERS' QUESTIONS AND MATTERS

        11. Commission Comments/Questions

C. DIRECTOR'S REPORT

        12. Director's Announcements

        13. Review of Past Week's Events at the Board of Supervisors and Board of Appeals

D. REGULAR CALENDAR

        14. 2003.1273C (S. VELLVE: (415) 558-6263)

            2001 37TH AVENUE (aka 2750 RIVERA STREET) - west side between Quintara and Rivera Streets, Lot 006 in Assessor's Block 2094 - Request to amend Conditional Use Authorization 1989.477C and Motion 12024 pursuant to Sections 303 and 209.3(h) of the Planning Code to install outdoor lighting to allow evening use of an existing athletic field at Saint Ignatius Preparatory School within a RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District. The proposal is to install four posts with light fixtures at each corner of an athletic field located between the parking lot/tennis courts at 37th Avenue and Rivera Street and the gymnasium and swimming facilities. The poles and light fixtures will be up to 40 feet high and located 170 feet north of the Rivera Street frontage, and over 400 feet from 36th Avenue and 39th Avenue.

            Preliminary Recommendation: Approval with Conditions

        15. 2003.0949C (G. CABREROS: (415) 558-6169)

            3300 CLAY STREET - northwest corner at Presidio Avenue, Lot 004 in Assessor's Block 0997 - Request for Conditional Use Authorization under Planning Code Sections 121 and 303 to create a lot measuring less than 25 feet in width, having an area of not less than 1,500 square feet, and to contain a single-family residence in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District. The proposal is to adjust the property line between Lots 003 and 004 so that the existing six-unit apartment building (located to the east) is entirely contained on Lot 003 and to allow the construction of a new three-story, single-family residence on Lot 004.

        Preliminary Recommendation: Approval with Conditions

        16a. 2004.0090EKCV (G. CABREROS: (415) 558-6169)

            2655 VAN NESS AVENUE - southwest corner of Van Ness Avenue and Greenwich Street, Lot 001 in Assessor's Block 0522 -- Request for Conditional Use Authorization under Planning Code Sections 253 and 271 to allow a building to exceed 40 feet in height and to exceed the prescribed bulk limit in an RC-3 (Residential-Commercial Combined, Medium Density) District and a 65-A Height and Bulk District. Above a height of 40 feet, the A Bulk District allows a maximum building length of 100 feet and a maximum diagonal dimension of 125 feet. The proposal is to demolish the existing three-story commercial building (former uses include a television station and most recently a tennis club) and to construct a new six-story, mixed-use building up to 65 feet in height and with a maximum length of 128 feet and a maximum diagonal measurement of 146 feet above a height of 40 feet. The new building proposes up to 29 dwelling units, 43 parking spaces in a below-grade garage, and approximately 4,700 square feet of commercial space at street level. A concurrent hearing before the Zoning Administrator will be held for a Variance request.

            Preliminary Recommendation: Approval with Conditions

        16b. 2004.0090EKCV (G. CABREROS: (415) 558-6169)

            2655 VAN NESS AVENUE - southwest corner of Van Ness Avenue and Greenwich Street, Lot 001 in Assessor's Block 0522 -- Rear yard and dwelling unit exposure variances from Planning Code Sections 134 and 140 are sought. The proposal is to demolish the existing three-story commercial building and to construct a new six-story, mixed-use building up to 65 feet in height with up to 29 dwelling units, 43 parking spaces in a below-grade garage, and approximately 4,700 square feet of commercial space at street level. The proposed building measures 122 feet long and 70 feet deep, a rear yard Variance is requested. A five-foot rear yard is proposed along the western portion of the lot where an 18.75-foot rear yard is required. A Variance from the exposure requirements is also requested. Eight units along the west side of the proposed building would not meet the dwelling unit exposure requirement, which requires all dwelling units to face onto either a street or Code-complying rear yard. The subject property is located in an RC-3 (Residential-Commercial Combined, Medium Density) District and a 65-A Height and Bulk District.

        17a. 2003.0535EDDV (J. MILLER: (415) 558-6344)

            937 - 939 JACKSON STREET - Consideration of a Motion adopting findings related to a determination of compliance under the California Environmental Quality Act as described in a Final Mitigated Negative Declaration of Environmental Review for the construction project proposed (demolition of a two-family dwelling and the construction of a new nine-unit residential building), Lot 028 in Assessor's Block 0191.

            Preliminary recommendation: Adopt CEQA Findings

        17b. 2003.0904D (J. MILLER: (415) 558-6344)

            937 - 939 JACKSON STREET -- south side between Powell and Mason; Lot 028 in Assessor's Block 0191 -- Mandatory Discretionary Review of Building Permit Application No. 2003.07.24.0318 proposing the demolition of a two-family dwelling and its replacement with a new building containing nine dwelling units. The subject property is located in an RM-3 (Mixed Residential, Medium Density) District and a 65-A Height and Bulk District.

            Preliminary Recommendation: Do Not Take Discretionary Review and approve the demolition permit.

            (Continued from Regular Meeting of April 1, 2004)

        17c 2003.0535EDDV (J. MILLER: (415) 558-6344)

            937 - 939 JACKSON STREET - south side between Powell and Mason Streets, Lot 028 in Assessor's Block 0191, in an RM-3 (Mixed Residential, Medium Density) District and a 65-A Height and Bulk District -- Mandatory Discretionary Review of Building Permit Application No. 2003-05-20-5122 to construct a new four-story, nine-unit residential building approximately 40 feet in height, pursuant to a residential demolition. There is also a request for Discretionary Review filed by a neighbor.

            Preliminary recommendation: Take Discretionary Review and approve the permit with modifications.

        17d. 2003.0535EDDV (J. MILLER: (415) 558-6344)

      937 - 939 JACKSON STREET - south side between Powell and Mason Streets, Lot 28 in Assessor's Block 191, in an RM-3 (mixed Residential, Medium Density) District and a 65-A Height and Bulk District. A rear-yard Variance is sought, pursuant to Section 134 of the Planning Code, for construction of a new four-story residential building containing nine dwelling units with a ground-floor garage containing nine off-street parking spaces, after demolition of the existing two-family dwelling. A portion of the garage level is proposed to project approximately 19 feet five inches into the otherwise-required rear-yard area, leaving an area open and clear (from the ground up) of 15 feet behind it. On the second floor, another projection into the otherwise-required rear yard of six feet six inches over a width of 27 feet (with five-foot setbacks from each of the side lot lines) is proposed. The upper surfaces of these two rear projections would be finished off as usable open space.

            Preliminary Recommendation: Approval with Conditions

        18a. 2003.1282D (K. McGEE: (415) 558-6367)

            309 CORTLAND AVENUE - north side between Bocana and Bennington Streets, Lot 17 in Assessor's Block 5667 - Request for Discretionary Review for Building Permit Application No. 2003.09.30.6176, proposing to change the use of the existing bar "Charlie's Club", to add "Other Entertainment", per Planning Code Section 711.48, located in an NC-2 (Small-Scale Neighborhood Commercial) Zoning District and in a 40-X Height and Bulk District.

            Preliminary Recommendation: Take Discretionary Review and approve the project with conditions.

            (Continued from Regular Meeting of February 12, 2004)

        18b. 2003.0312D (K. McGEE: (415) 558-6367)

            309 CORTLAND AVENUE - north side between Bocana and Bennington Streets, Lot 17 in Assessor's Block 5667 - Request for Discretionary Review for Building Permit Application No. 2004.02.24.7100, proposing to allow the rear addition to be used by patrons of the bar in the existing bar "Charlie's Club", per Planning Code Section 312, located in an NC-2 (Small-Scale Neighborhood Commercial) Zoning District and in a 40-X Height and Bulk District.

            Preliminary Recommendation: Take Discretionary Review and approve the project with conditions.

        19. 2003.0741D (T. TAM: (415) 558-6325)

        580 OAK PARK DRIVE - end of Oak Park Drive, a cul-de-sac, 450 feet from the corner of Devonshire Way and Oak Park Drive, located in the Forest Knolls Neighborhood, in a residential enclave between Mount Sutro and the Laguna Honda Reservoir, Lot 30 in Assessor's Block 2676 - Request for Discretionary Review for Building Permit Application No. 2002.12.04.2261, proposing to construct a new three-story-over-garage, single-family dwelling 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 March 11, 2004)

        Note: On March 11, 2004, the Commission received the staff report and heard public testimony regarding the project. Following the Commission's deliberation, the matter was continued to April 1, 2004 and the project sponsor was instructed to meet with neighbors. The Director of Planning was requested to report back on the soil condition. On April 1, 2004 the Commission continued this item to April 22, 2004 without further hearing.

        20. 2003.0946D (D. DiBARTOLO: (415) 558-6291)

            458-460 35th AVENUE - east side between Geary Boulevard and Clement Street: Lot 042 in Assessor's Block 1466 - Request for Discretionary Review of Building Permit Application No. 2003.02.21.8034, proposing to construct a 3' 4" deep, three-level rear horizontal addition with a two-story deck and stairs; and add a new, approximately 830 square foot, partial third floor to a two-story over ground floor structure containing two dwelling units in an RH-2 (Residential House, Two-Family) District, and a 40-X Height and Bulk District.

            Preliminary Recommendation: Do not take Discretionary Review and approve the project as revised.

            (Continued from Regular Meeting of March 11, 200

        21. 2003.1267D (M. SNYDER: (415) 575-6891)

            952 DeHARO STREET - west side between Southern Heights Avenue and 22nd Street, Lot 27 in Assessor's Block 4095 - Request for Discretionary Review of Building Permit Application No. 2003.05.29.5746 proposing to construct a new three story dwelling at the front of a lot where a single-family dwelling exists at the rear of the lot. The property is within an RH-2 (House, Two-family) District, and a 40-X Height and Bulk District.

            eliminary Recommendation: Take Discretionary Review and approve the project as modified.

        22a. 2004.0087D (W. HASTIE: (415) 558-6381)

            1311 GUERRERO STREET - east side between 25th and 26th Streets; Lot 30 in Assessor's Block 6532. Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2003.10.27.8677 to demolish an existing two-family dwelling (the project also proposes the construction of a new three-family dwelling) in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

            Preliminary Recommendation: Do not take Discretionary Review and Approve Demolition.

        22b. 2004.0089D (W. HASTIE: (415) 558-6381)

            1311 GUERRERO STREET - east side between 25th and 26th Streets; Lot 30 in Assessor's Block 6532. Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new construction as a result of housing demolition, of Building Permit Application No. 2003.10.27.8675 for the new construction of a three-family dwelling in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

            Preliminary Recommendation: Do not take Discretionary Review and Approve the Project as Proposed.

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))

Adjournment:

PLEASE NOTE:

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

DRAFT

SAN FRANCISCO
PLANNING COMMISSION
&
The Peninsula Corridor Joint Powers Board

Notice of Meeting & Calendar
of
Special Joint Meeting

Board of Supervisors Chambers - 250 Room
City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, April 22, 2004
6:00 PM

Planning 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: 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.

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 impairrments 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..

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, 1660 Mission St., 5th floor reception.

6:00 PM _________

ROLL CALL: Planning Commission President: Shelley Bradford Bell

        Planning Commission Vice-President: Sue Lee
        Planning Commissioners: Michael J. Antonini; Rev. Edgar E. Boyd;
        Lisa Feldstein; Kevin Hughes; William L. Lee

Joint Powers Board Chair: John McLemore

Joint Powers Board Vice Chair: Mike Nevin

Board members: Sophie Maxwell, Jose Cisneros, Michael Burns, Jim Hartnett,
Arthur Lloyd, Ken Yeager, Don Gage

A. 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 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, must do so at this time. Each member of the public may address the Commission for up to three minutes.

B. REGULAR CALENDAR

            2000.048E (J. A. KUGLER: (415) 558-5983)

            TRANSBAY TERMINAL/CALTRAIN DOWNTOWN EXTENSION/REDEVELOPMENT PROJECT - Certification of the Final Environmental Impact Report. A joint EIS/EIR has been prepared for this project. The proposed project has three major components: the construction of a multi-modal Terminal on the site of the present Terminal (that would be demolished) at Mission and First Streets; an underground extension of Caltrain commuter rail service from its current San Francisco terminus at Fourth and Townsend Streets to a new terminus underneath the proposed new Transbay Terminal; and establishment of a Redevelopment Area Plan with related development projects, including transit-oriented development in the vicinity of the new multi-modal Transbay Terminal. The proposed Redevelopment Area would generally be bound by Mission, Main, Spear, Folsom, Essex, I-80, Second and Minna Streets while the Caltrain track alignment is under Townsend and Second Streets. Other subordinate components of the project include a temporary bus terminal facility at Beale and Folsom Streets to be used during construction of the new Transbay Terminal; a permanent off-site bus storage/layover facility; reconstructed bus ramps leading to the new Transbay Terminal; and a redesigned Caltrain storage yard.

            Preliminary Recommendation: Certify Environmental Document

            NOTE: Public Hearing Closed.

C. PUBLIC COMMENT

            At this time, members of the public may address the Joint Commissions on items of interest to the public that are within the subject matter jurisdiction of the Joint Commissions except agenda items.

Adjournment:

PLEASE NOTE:

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

Last updated: 11/17/2009 9:59:50 PM