SAN FRANCISCO
PLANNING COMMISSION
Notice of Meeting
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, January 14, 2010
1:30 PM
Regular Meeting
President: Ron Miguel
Vice-President: Christina R. Olague
Commissioners: Michael J. Antonini; Gwyneth Borden; 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.
Policy on Commissioner’s requests for hearings: There must be consensus of the Commission (four commissioners) or direction from the President/Chair to schedule a hearing that otherwise would not be scheduled.
Cell Phone and/or Sound-Producing Electronic Devices Usage at Hearings
Effective January 21, 2001, the Board of Supervisors amended the Sunshine Ordinance by adding the following provision: The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices (67A.1 Prohibiting the use of cell phones, pagers and similar sound-producing electronic devices at and during public meetings).
For more information related to Planning Commission matters, please call Linda D. Avery, Commission Secretary, at (415) 558-6407.
San Francisco Lobbyist Ordinance
Attention: Individuals and entities that influence or attempt to influence local legislative or administrative action my be required by the San Francisco Lobbyist Ordinance [SF Campaign and Governmental Conduct Code Section 21.00-2.160] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; and web site http//www.sfgov.org/ethics.
Accessible Meeting Policy
Hearings are held at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 400, fourth floor, San Francisco, CA. The closest accessible BART station is the Civic Center station located at the intersection of Market, Hyde and Grove Streets. Accessible curbside parking has been designated at points along McAllister Street. Accessible MUNI lines serving City Hall are the 9 San Bruno and 71 Haight/Noriega and the F Line. Accessible MUNI Metro lines are the J, K, L, M, and N. For more information regarding MUNI accessible services, call (415) 923-6142. Requests for American sign language interpreters, sound enhancement systems and/or language translators will be available upon request by contacting Lulu Hwang at (415) 558-6318 at least 48 hours prior to a hearing. A sound enhancement system will be available upon request at the meetings. Please contact Services for the Deaf and Hearing Impaired at 557-5533 (TDD) or 557-5534 (Voice) at least 48 hours prior to the meeting. Late requests will be honored if possible. A person who is deaf or hearing impaired may gain meeting information prior to the meeting by calling 557-4433 (TDD) or 557-4434 (Voice). In addition, the California Relay Service can be used by individuals with hearing and speech impairments by calling 1-800-735-2929 (TDD) or 1-800-735-2922 (Voice). Minutes of the meetings are available in alternative formats. If you require the use of a reader during the meeting, please contact the Library for the Blind and Print Handicapped at 292-2022 at least 48 hours in advance of need. Accessible seating for persons with disabilities (including those using wheelchairs) will be available at meetings. Individuals with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In order to assist the City’s efforts to accommodate such people, attendees at public meetings are reminded that other attendees may be sensitive to various chemical-based products. Please help the City to accommodate these individuals.
Know Your Rights Under the Sunshine Ordinance
Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.
For more information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact 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, 1650 Mission St., 4th floor reception.
1:30 PM _________
ROLL CALL:
President: Ron Miguel
Vice-President: Christina R. Olague
Commissioners: Michael J. Antonini; Gwyneth Borden; William L. Lee; Kathrin Moore; Hisashi Sugaya
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. 2009.1065T (A. Rodgers: (415) 558-6395)
Development Stimulus and Fee Reform - The Planning Commission will consider three proposed Ordinances introduced by the Mayor as described below. In addition to these three Ordinances the Commission may consider related amendments to the existing City Codes governing planning fees and processes. The three ordinances introduced by the Mayor are:
091251-2 [Development Fee Collection Procedure; Administrative Fee] - This Ordinance would amend the San Francisco Building Code by adding Section 107A.13 to establish a procedure for the Department of Building Inspection (DBI) to collect development impact and in-lieu fees, to provide that the fees are payable prior to issuance of the first building permit or other document authorizing construction of the project, with an option for the project sponsor to defer payment to prior to issuance of the first certificate of occupancy upon agreeing to pay a deferral surcharge on the amount owed that would be deposited into the same fund that receives the development fees, to require that any in-kind public benefits required in-lieu of payment of development fees are implemented prior to issuance of the first certificate of occupancy for the project, to require DBI to generate a Project Development Fee Report prior to issuance of the building or site permit for the project listing all fees due with the opportunity for an appeal of technical errors to the Board of Appeals, to establish a Development Fee Collection Unit within DBI and a fee for administering the program; adopting findings, including environmental findings.
091252 [Affordable Housing Transfer Fee Restriction Alternative for Inclusionary and Jobs Housing Linkage Programs] -This Ordinance would amend the San Francisco Planning Code by amending Sections 313.4 and 315.5 and by adding Section 313.16 to add an alternative for compliance with the Jobs Housing Linkage Program and the Residential Inclusionary Affordable Housing Program by allowing a project sponsor to defer 33% of its obligation under either Program in exchange for recording an Affordable Housing Transfer Fee Restriction on the affected property providing that 1% of the value of the property be paid to the Citywide Affordable Housing Fund at every future transfer of the Property.
091275-2 [Development Impact and In-Lieu Fees] - This Ordinance would amend the San Francisco Planning Code by creating Article 4 for development impact fees and development impact requirements that authorize the payment of in-lieu fees; by adding Section 402 to provide that all Planning Code development impact and in-lieu fees will be collected by the Department of Building Inspection prior to issuance of the first building permit or other document authorizing construction of the project, with an option for the project sponsor to defer payment to prior to issuance of the first certificate of occupancy upon agreeing to pay a deferral surcharge on the amount owed that would be deposited into the same fund that receives the fees; by requiring that any in-kind public improvements required in-lieu of payment of development fees are implemented prior to issuance of the first certificate of occupancy for the project; by moving Planning Code Sections 139, a portion of 249.33, 313-313.15, 314-314.8, 315-315.9, 318-318.9, 319-319.7, 326-326.8, 327-327.6, and 331-331.6 and Chapter 38 of the San Francisco Administrative Code (Transit Impact Development Fee) to Article 4 and renumbering and amending the sections; adding introductory sections for standard definitions, payment and collection procedures, conditions of approval, dispute resolution and appeal procedures, waivers, reductions, and refunds, notice, lien procedures, annual Citywide development fee reports and fee adjustments, and development fee evaluations every five years; by providing for an appeal of technical fee calculation issues to the Board of Appeals rather than the Planning Commission; requiring the Controller to issue an annual Citywide Development Fee Report; deleting duplicative code provisions and using consistent definitions, language and organization throughout; adopting findings, including Section 302 and environmental findings; providing that the ordinance's operative date is March 15, 2010; and instructing the publisher to put a note at the original location of the renumbered sections stating that the text of those sections has been moved and providing the new section number.
Preliminary Recommendation: Approval with modifications.
(Continued from Regular Meeting of December 10, 2009)
(Proposed for Continuance to January 21, 2010)
2. 2008.0395E (I. NISHIMURA: (415) 575-9041)
2130 Fulton Street - University of San Francisco Center for Science and Innovation - north side, between Golden Gate, Masonic, and Parker Avenues; Lot 003 in Assessor’s Block 114 - Public Hearing on an Appeal of the Preliminary Mitigated Negative Declaration. The approximately 80,000-square-foot project site is on the Main Campus of the University of San Francisco, in the existing Harney Green and Harney Plaza area. The proposed project includes removal of Harney Green and Plaza; site excavation; and construction of a three-story with a partial fourth floor, 53-foot high building with a partial basement, which would connect on all floors to the south end of the existing Harney Science Building, and a below-grade, two-level structure, which is also a component of the proposed project. The roof of this building would serve as a new plaza and pedestrian area. Together, the new structures would have approximately 60,000 square feet of classrooms, laboratories, instrumentation rooms, and building mechanical/support spaces. The project site is within an RH-2 (Residential, House, Two-Family) District and an 80-D Height and Bulk District. The proposed project would require Conditional Use Authorization for a post-secondary institutional use in an RH-2 District, and for exceeding a building height of 40 feet in an R District.
Preliminary Recommendation: Uphold Mitigated Negative Declaration
(Continued from Regular Meeting of December 3, 2009)
(Proposed for Continuance to February 11, 2010)
3. 2008.0395C (S. VELLVE: (415) 558-6263)
2130 Fulton Street -north side, between Fulton Street, Golden Gate, Masonic, and Parker Avenues; Lot 003 in Assessor’s Block 1145 - Request for Conditional Use Authorization pursuant to Planning Code Sections 209.3 253, 303 and 304 for the University of San Francisco to construct the Center for Science and Innovation in an approximately 40,000 square-foot building approximately 53 feet in height in the location of Harney Green, and a two-story 20,000 square-foot below-grade educational building below Harney Plaza for a project that will include classrooms, laboratories, instrumentation rooms, building mechanical/support spaces and up to two off-street loading spaces within an RH-2 (Residential, House, Two-Family) District and an 80-D Height and Bulk District.
Preliminary Recommendation: Approval with Conditions.
(Continued from Regular Meeting of December 3, 2009)
(Proposed for Continuance to February 11, 2010)
B. 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
4. 2009.0423C (R. CRAWFORD: (415) 558-6358)
672 Sacramento Street - north side between Kearny and Montgomery Streets Lot 016, of Assessor’s Block 0227 - Request under Planning Code Section 810.55, Tourist Hotel and a Mandatory Discretionary Review for proposed reduction in size of dwelling units - The project would develop a hostel (tourist hotel) on the third and fourth floors of the existing building and would relocate a dwelling unit on the fourth and fifth floors to the fifth floor only. This project lies within the Chinatown Community Business District and within the 50-N Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
5. 2009.0798C (R. CRAWFORD: (415) 558-6358)
659 Columbus Avenue - at the southwest corner of Columbus Avenue and Filbert Street Lot 003, of Assessor’s Block 0101 - Request under Planning Code Sections 722.21, and 722.42 nonresidential use size greater than 1,999 square feet and expansion of a Full Service Restaurant - The project would legalize the placement of a 124 square foot “cable car” trailer in the parking lot for the take-out portion of the restaurant’s business. The project would also include the development of a 540 square foot patio for the placement of tables and chairs for restaurant customers. This project lies within the North Beach Neighborhood Commercial District and within the 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
6. 2009.1056C (R. CRAWFORD: (415) 558-6358)
1400 California Street - northwest corner of California and Hyde Streets Lot 007, of Assessor’s Block 0249. Request under Planning Code Sections 723.42, Full Service Restaurant and 723.27, Hours of Operation. The project would convert the existing nonconforming Large Fast Food Restaurant to a Full Service Restaurant and provide extended hours of operation until 3 am on Friday and Saturday nights. This project lies within the Polk Street Neighborhood Commercial and within the 65-A Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
7. 2009.0946C (G. CABREROS: (415) 558-6169)
727 41st Avenue - west side between Balboa and Cabrillo Streets; Assessor's Block 1603, Lot 004 - Request for Conditional Use Authorization pursuant to Sections 209.3 and 303 of the Planning Code to allow a residential care facility for ten persons within the existing two-story, single-family residence in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
8. 2005.0252C (T. Wang: (415) 558-6335)
237, 239 & 241 MINERVA STREET - on the south side of Minerva Street between Capitol and Orizaba avenues; Lots 069 and 070 in Assessor’s Block 7092 - Request for Conditional Use Authorization pursuant to Planning Code Section 121(f) to subdivide a lot into two lots with each new lot having a width less than the minimum required lot width of 25 feet and Section 317(d)(2) to demolish an existing single-family dwelling in order to construct a new single-family dwelling on each of the two new lots within an RH-1 (Residential, House, One-Family) District and a 40-X height and Bulk District.
Preliminary Recommendation: Approval with Conditions
C. 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 December 10, 2009.
Draft Minutes of Special Meeting of January 7, 2010.
10. Proposed adoption of Planning Commission’s hearing schedule for 2010.
11. 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.
D. DIRECTOR’S REPORT
12. Director’s Announcements
13. Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.
14. (E. FORBES: (415) 558-6417)
BUDGET FY 2010-2011: GOALS - This item is for discussion only and does not require Commission action.
E. GENERALPUBLIC 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.
F. REGULAR CALENDAR
15. 2009.1053TZ (T. SULLIVAN: (415) 558-6257)
Amendments to the Planning Code to Require a Conditional Use Authorization for the installation of a garage opening in existing buildings, reduce the parking requirements in certain Northeast Neighborhoods, and creating the Telegraph Hill-North Beach Residential Special Use District [Board File No. 09-1165] -Ordinance introduced by Supervisor Chiu amending Planning Code Sections 714.94, 722.94, 803.2, and Table 810 to require a Conditional Use Authorization to install a garage in an existing residential structure in the Broadway NCD, the North Beach NCD, and the Chinatown Mixed Use and Community Business Districts; adding Section 249.46 and amending Section SU01 of the Zoning Map to establish the Telegraph Hill-North Beach Residential Use Special Use District to include the residentially-zones areas bounded by Bay Street to the North, Sansome Street and the Embarcadero to the East, Broadway to the Sough, and Columbus Avenue to the West, and to require a conditional use to install a garage in a residential structure; amending Section 151 to reduce the minimum parking requirements in the Broadway and North Beach NCDs and the Telegraph Hill – North Beach Residential Special Use District; amending 155 to add Columbus Avenue between Washington and North Point Street to the list of streets where garage entries, driveways, or other vehicular access to off-street parking or loading are prohibited; amending the Public Works Code by amending Section 732.2 to prohibit the issuance of minor sidewalk encroachment permits that would facilitate the installation of parking in a residential structure; adopting findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101. Preliminary Recommendation: Pending.
(Continued from Regular Meeting of December 10, 2009)
16. 2009.0914D (T. FRYE: (415) 575-6822)
424 FRANCISCO STREET - north side of Francisco Street between Powell and Mason Streets, Assessor’s Block 0041; Lot 010 - Request for Discretionary Review of Building Permit Application No. 2004.01.22.4627 to insert a garage opening within the subject building to accommodate 6 off-street parking spaces. The subject property is within the North Beach Neighborhood Commercial District with a 40-X Height and Bulk District.
Preliminary Recommendation: Do Not Take Discretionary Review
17. 2009.1066T (T. SULLIVAN: (415) 558-6257)
Amendments to the Planning Code Section 728: 24 Street-Noe Valley NCD Restaurant Definitions [Board File No. 09-1208]. Ordinance introduced by Supervisor Dufty amending Planning Code Sections 728.1 (Zoning Control Table), 728.42 (full-service restaurants), 728.44 (small self-service restaurants), and 728.69A (specialty food, self-service) to allow new full-service restaurants, small self-service restaurants, and self-service specialty food establishments with a Conditional Use authorization; adopting findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.
Preliminary Recommendation: Approval with Conditions
18. 2009.1064C (S. Vellve: (415) 558-6263)
1345 TURK STREET - south side between Fillmore and Webster Streets; Lot 017 (formerly Lot 001) in Assessor’s Block 0756 - Request for Conditional Use Authorization for a Planned Unit Development per Sections 712.11, 303 and 304 of the Planning Code to construct up to 32 100% affordable dwelling units to be owner occupied and 24 below-grade off-street parking spaces within an NC-3 (Neighborhood Commercial, Moderate Scale) District and a 50-X Height and Bulk District.
Preliminary Recommendation: Approval with conditions
19. 2009.0440C (S. Vellve: (415) 558-6263)
1315 - 1327 7th AVENUE - west side between Irving and Judah Streets; Lot 052 in Assessor’s Block 1762 - Request for Conditional Use Authorization per Section 303 of the Planning Code to modify Condition No. 6 of Motion No. 17236 to allow payment of an in-lieu fee as an alternative to providing an on-site affordable dwelling unit in a recently-constructed four-story mixed-use project containing 11 dwelling units, 11 off-street parking spaces and approximately 2,500 square feet of ground floor commercial space within the Inner Sunset Neighborhood Commercial District and 40-X Height and Bulk District.
Preliminary Recommendation: Disapproval
20. 2009.0716D (P. LAVALLEY: (415) 575-9084)
708 VERMONT STREETT - west side between 19th Street and 20th Street; Lot 004 in Assessor’s Block 4075 - Request for Discretionary Review of Building Permit Application No. 2009.03.23.4661, proposing to construct a one-story, vertical addition, construct new rear deck, and alter the façade of an existing one-story over basement, single-family residence in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk Designation.
Preliminary Recommendation: Do not take Discretionary Review and approve project as proposed.
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
(3) directing staff to place the item on a future agenda. (Government Code Section 54954.2(a))
Adjournment:
