January 5, 2006
Notice of Meeting
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, January 5, 2006
President: Sue Lee
Vice-President: Dwight S. Alexander
Commissioners: Michael J. Antonini; Shelley Bradford Bell; Kevin Hughes;
William L. Lee; Christina Olague
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.
View the meeting online at: http://www.sfgov.org/site/sfgtv_index.asp
View the broadcast live, Thursdays on Cable Channel 78.
the re-broadcast on Fridays at 8:00 p.m., Cable Channel 26
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: firstname.lastname@example.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 Adele Destro, Interim Administrator, 1 Dr. Carlton B. Goodlett Place, Room 409, by phone at (415) 554-7724, by fax at (415) 554-7854 or by E-mail at email@example.com.
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: Sue Lee
Commission Vice-President: Dwight S. Alexander
Commissioners: Michael J. Antonini; Shelley Bradford Bell; Kevin Hughes; William L. Lee; Christina Olague
- 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.
B. COMMISSIONERS’ QUESTIONS AND MATTERS
1. Commission Comments/Questions
C. DIRECTOR’S REPORT
2. Director’s Announcements
3. Review of Past Week’s Events at the Board of Supervisors and Board of Appeals
D. GENERAL PUBLIC COMMENT – 15 MINUTES
At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting. Each member of the public may address the Commission for up to three minutes.
E. 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.
- CONSIDERATION OF FINDINGS AND FINAL ACTION – PUBLIC HEARING CLOSED
4. 2005.0565C (S.YOUNG: (415) 558-6346)
2110 CLEMENT STREET - north side between 22nd and 23rd Avenues; Lot 009 in Assessor's Block 1411 - Request for Conditional Use authorization under Sections 717.27, 186.1(b) and 303 of the Planning Code to legalize the extension of the hours of operation of an existing nonconforming full-service restaurant (“My Favorite Cafe”) from 11 p.m. to 2 a.m. in the Outer Clement Neighborhood Commercial District (NCD) and a 40-X Height and Bulk District. No exterior modifications will be made to the existing building envelope.
Preliminary Recommendation: Disapproval
(Continued from Regular Meeting of December 15, 2005)
NOTE: On September 15, 2005, following public testimony, the Commission closed the public hearing and continued the matter to December 15, 2005, by a vote +4 –0, to allow the operator to comply with the existing conditions. Commissioners Hughes, W. Lee, Olague were absent.
(Proposed for Continuance to January 5, 2006)
5. 2005.0999C (M. LI: (415) 558-6396)
627 Vallejo Street - southwest corner at Columbus Avenue, Lots 019 and 020 in Assessor’s Block 0146 - Request for Conditional Use authorization to establish a full-service restaurant (dba “King of Thai Noodle House”) of approximately 1,850 square feet. The subject commercial space was previously occupied by a small self-service restaurant of approximately 940 square feet that operated within a now-vacant supermarket. The space will be enlarged to accommodate the proposed restaurant, but there will be no physical expansion of the existing building. The project site is within the North Beach Neighborhood Commercial District and a 40-X Height and Bulk District.
Preliminary Recommendation: Disapproval
(Continued from Regular Meeting of December 8, 2005)
NOTE: On December 8, 2005, following public testimony the Commission closed the public hearing and entertained a motion to approve 1000 sq. ft. + 250 sq. ft. for ADA compliance by a vote +3 –2. Motion Failed. Commissioners S. Lee and Olague voted no. Commissioners Alexander and Bradford Bell were absent. The item was continued to January 5, 2006 by a vote +4 –1. Commissioner Olague voted no. Commissioners Alexander and Bradford-Bell were absent.
G. REGULAR CALENDAR
6. 2004.0027ACEK (M. SNYDER: (415) 575-6891)
900 MINNESOTA STREET - the north half of the block bounded by Minnesota Street, 20th Street, Indiana Street and 22nd Street, Lot 027 in Assessor’s Block 4106 - Request for a Certificate of Appropriateness to demolish four structures, partially demolish and rehabilitate a fifth structure, alter and rehabilitate a sixth structure, and construct four new structures in the Dogpatch Historic District. The resultant project would include up to 142 dwelling units, approximately 168 off-street parking spaces, approximately 6,300 square feet of office space, and approximately 2,100 square feet of restaurant / commercial use, configured around two inner courtyards. The subject property is within an M-2 (Heavy Industrial) District, a 50-X Height and Bulk District, and the Dogpatch Historic District. The southeastern portion of the site, which is comprised of a private open space and would continue to be used as private open space, is located in an RH-3 (Residential, House, Three-Family) District and a 50-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Continued from the Regular Meeting of December 15, 2005)
7. 2005.0666D (S. VELLVE: (415) 558-6263)
3020-3024 BUCHANAN STREET - east side between Union and Filbert Streets, Lots 034 and 035 in Assessor’s Block 0531 - Mandatory Discretionary Review, under the Planning Commission’s policy requiring review of dwelling unit mergers, of Building Permit Application No. 2005.07.05.6780 proposing to merge two dwelling units into one dwelling unit in a structure located in an RH-2 (Residential, House, Two-Family) District, and 40-X Height/Bulk District.
Preliminary Recommendation: Take Discretionary Review and disapprove the permit.
(Continued from the Regular Meeting of December 15, 2005)
8. (L. SCOTT (415) 558-6317)
INFORMATION HEARING ON CODE ENFORCEMENT AT THE PLANNING DEPARTMENT – Review of a background report on enforcement work including staffing, sources and types of complaints, enforcement of Commission Conditions of Approval, Commission priorities for enforcement and general advertising sign enforcement issues.
Preliminary Recommendation: No action required
9.   (C. NIKITAS (415) 558-6306)
UPDATE ON THE REVIEW OF RESIDENTIAL DEMOLITIONS - Informational presentation regarding proposed changes to criteria for the review of applications to demolish dwelling units, including future initiation of Planning Code amendments to require Discretionary Review for those demolitions not presently subject to Conditional Use authorization.
Discussion only -- No action to be taken at this hearing
H. 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))