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Public Hearings 
 

September 27, 2007

September 27, 2007

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, September 27, 2007

1:30 PM

Regular Meeting

President: Dwight S. Alexander

Vice-President: Christina R. Olague

Commissioners: Michael J. Antonini; M. Sue Lee; William L. Lee; Kathrin Moore;

Hisashi Sugaya

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

Or

View the broadcast live, Thursdays on Cable Channel 78.

And

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

THE AGENDA PACKET IS AVAILABLE FOR REVIEW AT THE PLANNING DEPARTMENT
1650 MISSION STREET, 4TH 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 1650 Mission Street, 4th floor, no later than 5:00 PM the Wednesday (eight days) prior to the scheduled public hearing. Persons unable to attend a hearing may submit written comments regarding a calendared item to: Planning Commission, 1650 Mission Street, Suite 400, San Francisco, CA 94103-2414. Comments received by 11:00 AM on the day of the hearing will be made part of the official record and will be brought to the attention of the Planning Commission at the public hearing. Otherwise, submit material related to a calendared item at the scheduled hearing for distribution. For complete distribution to all Commissioners, necessary staff and case/docket/correspondence files, submit an original plus 10 copies. When sending e-mail correspondence to Commissioners, please copy the Commission Secretary at: 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 FranciscoLobbyist 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 sotf@sfgov.org.

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: Dwight S. Alexander

Commission Vice-President: Christina R. Olague

Commissioners: Michael J. Antonini; M. Sue Lee; William L. Lee;

Kathrin Moore; Hisashi Sugaya

  • 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. 2007.0838C (J. IONIN: (415) 558-6309)

1100 OAK STREET (a.k.a. 401 Divisadero Street), northwest corner of Oak and Divisadero Streets, Assessor's Block 1215, Lot 016 – Request for Conditional Use authorization under Planning Code Section 703.3 to establish a new formula retail store (d.b.a. Batteries Plus) in an NC-2 (Neighborhood Commercial, Small Scale) District, the Divisadero Street Alcohol Restricted Use District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(NOTE: This item has been continued to October 4, 2007. Because the October 4th hearing will be held outside of City Hall it needs a 15 day notice. As such, the calendar for October 4, 2007 has already been sent out and shows this item as being considered for hearing and possible action. Unless the Commission continues this item beyond October 4, 2007, it is anticipated that the Commission will hold a public hearing on October 4th with the possibility of taking action.)

2. 2006.0997C (C. Jaroslawsky: (415) 558-6348)

1864 8th AVENUE - east side of 8th Avenue, between Noriega and Ortega Streets; Assessor's Block 2044, Lot 003A - Request for Conditional Use Authorization for residential demolition of an existing single-family dwelling (pursuant to Board of Supervisors) Resolution 122-07) and the construction of a new, two-family dwelling. The rear of the property faces Laguna Honda Boulevard and Reservoir. The subject property is within an RH-2 (Residential House, Two-Family) District, and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to October 18, 2007)

3. 2007.0162D (C. JAROSLAWSKY (415) 558-6348)

2908 ULLOA STREET - between 30th and 31st Avenues; Lot 041 (formerly lot 017) in Assessor's Block 2395 – Request for Discretionary Review of Building Permit Application No. 2006.07.20.7180, to construct a new, two-story over garage, single-family dwelling in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve with recommendations.

(Proposed for Continuance to October 18, 2007)

4. 2007.0461C (A. HOLLISTER: (415) 575-9078)

448 BROADWAY STREET, north side between Montgomery and Kearny Streets, Lot 011 in Assessor's Block 0144 – Request for conditional use authorization to operate a business under this application between the hours of 2 AM and 6 AM. Specifically, the project proposal is to extend the hours of operation of the subject business (dba  Broadway Express ) to 3:00 AM. No construction is proposed under this application. This site is within the Broadway Neighborhood Commercial District, and a 65-A-1 Height and Bulk District.

Preliminary Recommendation: Approval with conditions

(Proposed for Continuance to October 18, 2007)

5. 2004.1245E (N. TURRELL: (415) 575-9047)
300 Grant Avenue
(aka 272 and 290 Sutter Street) - Assessor's Block 0287, Lots 013, 014 - Appeal of a Preliminary Mitigated Negative Declaration. The 10,500 square-foot project site is located at 300 Grant Avenue (aka 272-290 Sutter Street) on the northeast corner of Grant Avenue and Sutter Street in the Financial District neighborhood. The proposed project would involve the demolition of two buildings containing approximately 35,600-square feet of retail space and construction of an approximately 114,354 gross square foot, 12-story, 130-foot tall building containing up to 56 residential units, 15,000 square feet of retail space, and 34 to 40 off-street parking spaces. The retail entrance to the proposed project would be at the corner of Grant Avenue and Sutter Street, while the residential lobby entrance would be at the corner of Grant Avenue and Harlan Place. Access to the parking garage would be from Harlan Place off Grant Avenue. The site is zoned C-3-R (Downtown Retail) within an 80-130-F height and bulk district, and the Downtown Area Plan of the General Plan.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

(Continued from Regular Meeting of September 6, 2007)

NOTE: On July 12, 2007, following public testimony, the Commission entertained a motion to uphold the Preliminary Mitigated Negative Declaration (PMND) by a vote of +2 -4, the motion failed. Commissioner S. Lee was excused. The Commission continued the matter to September 6, 2007 by a vote +5 -1,

(Proposed for Continuance to October 25, 2007)

6a. 2004.1245EKVX (J. MILLER: (415) 558-6344)

300 GRANT AVENUE (aka 272 and 290 Sutter Street) - northeast corner at Sutter Street, Lots 13 and 14 in Assessor's Block 287, in a C-3-R (Downtown Retail) District and an 80-130-F Height and Bulk District - Request for review under Planning Code ("Code") Section 309 of the construction of a new, 11-story mixed-use building containing approximately 43 dwelling units, approximately 15,000 square feet of ground- and second-floor retail space, and up to 40 off-street parking spaces in a two-level underground garage, requiring the authorization of exceptions to Code standards for height above 80 feet, building bulk, rear yard, and off-street parking, as well as the granting of Variances of Code standards for usable open space and dwelling-unit exposure.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of September 6, 2007)

(Proposed for Continuance to October 25, 2007)

6b. 2004.1245EKVX (J. MILLER: (415) 558-6344)

300 GRANT AVENUE (aka 272 and 290 Sutter Street) - northeast corner at Sutter Street, Lots 13 and 14 in Assessor's Block 287, in a C-3-R (Downtown Retail) District and an 80-130-F Height and Bulk District - Request for Variance of Planning Code standards for usable open space and dwelling-unit exposure in conjunction with the construction of a new, 11-story mixed-use building containing approximately 43 dwelling units, approximately 15,000 square feet of ground- and second-floor retail space, and up to 40 off-street parking spaces in a two-level underground garage.

(Continued from Regular Meeting of September 6, 2007)

(Proposed for Continuance to October 25, 2007)

7. 2006.1354D (S. VELLVE: (415) 558-6263)

1166 HAIGHT STREET - north side between Baker and Lyon Streets, Lot 014 in Assessor's Block 1235 - Request for Discretionary Review of Building Permit Application No. 2005.10.19.5970 to install a below-grade garage to create approximately eight off-street parking spaces for a building containing twelve units located in an RM-1 (Mixed, Low Density) and 40-X Height/Bulk District.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of August 2, 2007)

(Proposed for Continuance to November 15, 2007)

8a. 2007.0094CEZ (T. TAM: (415) 558-6325)

1401-1417 DIVISADERO STREET, northwest corner of Divisadero and O'Farrell Streets; Assessor's Block 1098, Lot 009 - Request forAmendment of the Zoning Map to change the zoning district for the property from NC-2 (Neighborhood Commercial, Small-Scale) to NC-3 (Neighborhood Commercial, Moderate Scale). This legislation (File Number 070546) was introduced by Supervisor Mirkarimi on April 24, 2007. The property is in the NC-2 (Neighborhood Commercial, Small-Scale) District and a 105-E Height and Bulk District.

Preliminary Recommendation: Approval

(Proposed for Indefinite Continuance)

8b. 2007.0094CEZ (T. TAM: (415) 558-6325)

1401-1417 DIVISADERO STREET - (including 2201 Geary Street), west side of Divisadero Street, between Geary Boulevard and O'Farrell Street; Assessor's Block 1098, Lots 009 and 038 - Request for Conditional Use authorization to allow demolition of an existing three-story, mixed-use building and construction of a new six-story medical clinic and office building, approximately 75,000 square feet in size for Kaiser Permanente. The vacant parcel at 2201 Geary Street (Lot 038) is currently in the NC-3 (Neighborhood, Commercial, Moderate Scale) District and a 105-E Height and Bulk District.

Preliminary Recommendation: Approval with Conditions.

(Proposed for Indefinite Continuance)

B. COMMISSIONERS' QUESTIONS AND MATTERS

Adoption of Commission Minutes– Charter Section 4.104 requires all commissioners to vote yes or no on all matters unless that commissioner is excused by a vote of the Commission. Commissioners may not be automatically excluded from a vote on the minutes because they did not attend the meeting.

9. Consideration of Adoption:

  • Draft Minutes of Regular Meeting of November 9, 2006
  • Draft Minutes of 5 p.m. Special Meeting of August 30, 2007
  • Draft Minutes of 10 a.m. Special Meeting of September 6, 2007
  • Draft Minutes of 6 p.m. Special Meeting of September 6, 2007

10. Commission Comments/Questions

  • Inquiries/Announcements. Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).
  • Future Meetings/Agendas. At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.

C. DIRECTOR'S REPORT

11. Director's Announcements

12. 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. CONSENT CALENDAR

All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and will be acted upon by a single roll call vote of the Commission. There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing.

13. 2007.0874C (C. TEAGUE: (415) 575-9081)

245 11th STREET - north side, between Kissling and Folsom Streets, Lot 016 in Assessor's Block 3517 - Request for Conditional Use Authorization pursuant to Planning Code Sections 816.21, 890.50(a) and 303 for a change of use of a 3-story, approximately 17,000 square feet building from general office space to a social service provider (Westside Community Services) within an SLR (Service, Light Industrial, Residential) Zoning District and a 50-X Height and Bulk designation. The proposal is to offer community-based prevention, mental health, substance abuse, AIDS-related, and social services. No building expansion or exterior renovations are included.

Preliminary recommendation: Approval with Conditions

(Continued from Regular Meeting of September 6, 2007)

  1. REGULAR CALENDAR

14. (S. SANCHEZ: (415) 558-6326)

ACADEMYOF ART UNIVERSITY ENFORCEMENT UPDATE Informational presentation on the status of pending enforcement cases on properties operated by the Academy of Art University, including descriptions of the various enforcement issues and a discussion on the University's efforts to achieve compliance.

15. 2004.0194E (N. TURRELL: (415) 575-9047)

GOLDEN GATEPARKSTABLES PROJECT- Public Hearing on the draft Environmental Impact Report (EIR). The San Francisco Recreation and Park Department (SFRPD) is proposing the rehabilitation of the four stables built during the Works Progress Administration (WPA), demolition of the Golden Gate Park (GGP) Grandstand and ancillary structures, construction of three additional stables, and expansion of the existing arena. The existing WPA Stables would be rehabilitated to meet current seismic and building code standards and the stalls would be reconfigured to increase their size. The number of stalls onsite would total 46 after completion of the project. The demolition of the GGP Grandstand would allow for the expansion of the arena to 130 feet by 122 feet (15,860 sq. ft.) from its current size 8,576 sq. ft. The arena would be covered and lit. Other project components include construction of a retaining wall along the south end of the expanded arena to protect the all-purpose trail running east-west on the southernmost side of the site; construction of a hay barn and feed storage building totaling 1,600 sq. ft; construction of a 200 square foot manure bunker adjacent to the hay barn; use of multiple-use paths to nearby arenas, resurfacing of pathways, road, and parking lot; landscape improvements, and installation of perimeter fencing. The goal of the Proposed Project is to bring the historic activity of horseback riding back to the GGP Stables. The project site is located within the boundaries of Golden Gate Park, Block 1700, Lot 1, south of John F. Kennedy Drive between Spreckels Lake, GGP Stadium, and Lindley Meadow; and east of the GGP Police Stables. The site is located within a P (Public Use) zoning district and OS (Open Space) Height and Bulk District.

Preliminary Recommendation: No Action Required

Note: Written comments will be accepted at the Planning Department's offices until the close of business on October 16, 2007.

16. 2007.0247T (S. EXLINE: (415) 558-6332)

AMENDMENTS TO PLANNING CODE SECTION 315/INCLUSIONARY HOUSING – EXPAND APPLICATION TO PROJECTS OF THREE OR MORE UNITS - Substitute legislation introduced by Supervisor McGoldrick as part of Board File No. 070212 that would amend portions of the Planning Code to extend the requirements of the inclusionary affordable housing program to three or more units and establishing the percentage of affordable housing required for residential developments of three or four units.

Preliminary Recommendation: Adoption

17. 2007.0688T (T. SULLIVAN-LENANE: (415) 558-6257)

POLK STREET: BOARD FILE 070851 - Ordinance Amending Planning Code Sections 121.2 and 723 as related to the Polk Street Neighborhood Commercial District [Board File No. 07-0851]. Ordinance amending sections of the San Francisco Planning Codes by amending Section 121.2 to move Polk Street from a 3,000 square foot use size limit to a 2,000 square foot use size limit and by amending Section 723 to provide that commercial and institutional uses in the Polk Street Neighborhood Commercial District are permitted up to 1,999 square feet and allowed as a conditional use for 2,000 square feet and above; adopting findings, inclusion Section 302 findings, environmental findings and findings of consistency with Section 101.1 and the General Plan.

Preliminary Recommendation: Approval with Modifications

(Continued from Regular Meeting of September 20, 2007)

18. 2007.0764C (S. YOUNG: (415) 558-6346)

3228 SACRAMENTO STREET - north side between Lyon Street and Presidio Avenue; Lot 011 in Assessor's Block 1007: Request for Conditional Use Authorization under Sections 703.4, 303(c), and 303(i) of the Planning Code to establish a Formula Retail Use in the Sacramento Street Neighborhood Commercial Zoning District and a 40-X Height and Bulk District. The proposal is to convert a vacant retail sales establishment (previously occupied by  Urban Chateau ) to another retail sales establishment (DBA  Pierre Deux , a French Country style home furniture, décor, and accessories store). The proposed retail store is considered a Formula Retail Use under Section 703.3 of the Planning Code. The proposal will involve tenant improvements to the existing commercial space with new merchandise display areas. There will be no exterior modifications to the storefront or expansion of the existing building envelope.

Preliminary Recommendation: Approval with Conditions

19. 2007.0136C (E. Watty: (415) 558-6620)

3953 24TH STREET - south side between Sanchez and Noe Streets; Lot 032 in Assessor's Block 6508 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 728.94, 161(j), and 303(e), to modify a previously approved Conditional Use Authorization in order to allow six senior dwelling-units to be converted into five market-rate dwelling-units with no off-street parking. This site is located within the 24th Street - Noe Valley Neighborhood Commercial District 40-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions

(Continued from Regular Meeting of August 9, 2007)

20. 2007.0595D (A. STARR (415) 558-6362)

350 DIVISADERO (aka 352 DIVISADERO STREET) – west side between Oak and Page Streets; Lot 27 in Assessor's Block 1217 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of medical cannabis dispensaries, of Building Permit Application 2007.05.08.0661, to legalize an existing medical cannabis dispensary (dba San Francisco Patient's Cooperative) within an NC-2 (Small Scale, Neighborhood Commercial) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and modify the application so that smoking is prohibited on-site.

G. 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

  1. directing staff to place the item on a future agenda. (Government Code Section 54954.2(a))

Adjournment:

* * * PLEASE NOTE * * *

The San Francisco Planning Commission will hold its Regular Meeting of October 4, 2007

in the

Alex L. Pitcher, Jr. Community Room of the Southeast Community Facility

1800 Oakdale Avenue

San Francisco, CA 94124

The calendar for this hearing is posted on line at: http://www.sfgov.org/planning

You may also pick up a copy of the calendar at the Planning Department, 1650 Mission Street, 4th floor, San Francisco, CA 94103

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