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January 28, 2010

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, January 28, 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.

           

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

 

1.        2009.0251C                                                                          (S. Young:  (415) 558-6346)

1910 FILLMORE STREET - southeast corner of Fillmore and Wilmot Streets; Lot 020 in Assessor’s Block 0660 - Request for Conditional Use Authorization under Sections 718.44, 186.1(c)(3)(A), and 303 of the Planning Code to allow the change of use of a full-service restaurant to a small self-service restaurant (dba Fraiche Yogurt Café) within the Upper Fillmore Street Neighborhood Commercial Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

2.        2009.0387Q                                                                  (A. HOLLISTER: (415) 575-9078)

333 GREENWICH STREET - west side between Pioneer Park and Montgomery Street,  Lot 010 in Assessor's Block 0086 - Public hearing, under Article 9 of the Subdivision Code, to determine consistency of a proposed five-unit Condominium Conversion Subdivision with the General Plan, located in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District. The proposal is to convert the existing five-unit building to a condominium form of ownership and does not involve expansion, alteration or demolition of the existing building.

Preliminary Recommendation: Approval

 

3.        2009.0833C                                                                    (D. Sánchez:  (415) 575-9082)

832 Folsom Street - north side between 4th and 5th Streets, Lot 017 in Assessor’s Block 3733 - Request for Conditional Use Authorization under Planning Code Sections 815.73 and 303 to install a wireless transmission facility consisting of the replacement of three panel antennas and the addition of four new panel antennas on the elevator penthouse. The antennas and equipment are proposed in Location Preference 2 (Preferred Location – Co-Location Site) according to the Wireless Telecommunications Services Siting Guidelines, as part of Verizon Wireless’ telecommunications network  within the Residential/Service Mixed Use District (RSD) and a 40-X / 85 - X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

4.        2009.0877C                                                                     (D. Sánchez:  (415) 575-9082)

1135 Evans Avenue - southwest corner of Middlepoint Road, Lot 014 in Assessor’s Block 4602A - Request for Conditional Use Authorization under Planning Code Sections 711.83 and 303 to install a wireless transmission facility consisting of three panel antennas on two existing lattice towers. The antennas and equipment are proposed in Location Preference 2 (Preferred Location – Co-Location Site) according to the Wireless Telecommunications Services Siting Guidelines, as part of Verizon Wireless’ telecommunications network within the Small Scale Neighborhood Commercial District (NC-2) and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

5.        2009.0773C                                                                          (A. Putra: (415) 575-9079)

2111 Market Street (aka 210 Church Street) - southwest corner of Market and Church Streets; Lot 001 in Assessor’s Block 3543 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 733.41, and 303 to establish a bar (dba “Cork, A Wine Bar”) in the Upper Market Street Neighborhood Commercial Transit District (NCT), and 40-X/85-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

6.        2009.1005C                                                                          (M. SMITH: (415) 558-6322)

2275 MARKET STREET- north side between 16th and Sanchez Streets, Lot 013 in Assessor's Block 3559 - Request for Conditional Use Authorization pursuant to Planning Code Sections 733.44 and 303 to establish a new small, self-service restaurant (d.b.a. “Dinosaurs”).  The subject storefront is located at the rear of the building at the 16th Street frontage (Suite H).  The Subject Property is within the Upper Market Street Neighborhood Commercial Transit District and a 40/50-X Height and Bulk District.

Preliminary Recommendation: Approve with Conditions

 

C.        COMMISSIONERS’ QUESTIONS AND MATTERS

 

7.         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

 

8.         Director’s Announcements

           

9.         Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.

 

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 

           

            10.                                                   (S. SHOTLAND / S. WERTHEIM: (415) 558-6308/558-6612)

SHOWPLACE SQUARE OPEN SPACE PLAN - Informational presentation on the Showplace Square Open Space Plan. Since April, 2009 the Planning Department has been working with community members and other stakeholders in Showplace Square and Potrero Hill on an open space plan. This planning process has identified existing and new open space needs and opportunities, developed preferred programming at identified opportunity sites, and established the community’s priorities given costs and other constraints. This informational presentation will convey the results of this process and discuss the implementation strategy for this plan. 

Preliminary Recommendation:  Informational presentation, no action requested. 

 

            11.       2007.1275EM            (S.DENNIS PHILLIPS/ K.DISCHINGER: (415) 558-6314/ 558-6284)

HOUSING ELEMENT UPDATE - Informational item - for the 2009 update of the Housing Element - The preliminary draft Housing Element was released in June 2009. After six months of public review, staff is holding this informational hearing to receive Commissioner and public feedback on that draft. Staff will also provide an updated schedule for final revisions, completion of the EIR, and adoption.

Preliminary Recommendation:  Informational presentation, no action requested. 

 

12.       2006.1388E                                                                       (C. Dovzak:  (415) 575-9030)

SEISMIC UPGRADE OF BAY DIVISION PIPELINES NOS. 3 and 4 AT THE HAYWARD FAULT  PROJECT - Public Hearing on the Draft Environmental Impact Report - The San Francisco Public Utilities Commission (SFPUC) is proposing the Seismic Upgrade of Bay Division Pipelines Nos. 3 and 4 at the Hayward Fault Project. The project seeks to improve seismic and delivery reliability of the pipelines where three fault traces of the Hayward fault bisect the pipelines near the intersection of I-680 and Mission Boulevard in the City of Fremont. The Project would be located on City and County of San Francisco (CCSF TC "City and County of San Francisco (CCSF" \f A \l "1" ) owned right-of-way (ROW). The total proposed project area (including all construction, staging, and access areas) covers approximately 29 acres.  The primary components of the proposed project would include:

                    The installation of a 78-inch welded steel pipeline (BDPL3x) that runs adjacent to BDPL 3 and 4 for approximately 2, 360 feet, that would include project design improvements at the three fault traces.  A 400-foot articulated underground vault would be constructed at Trace B, designed to prevent rupture of the new BDPL3x.

                    A design upgrade of BDPL 4 to strengthen the pipeline at the fault trace B and C, and to direct leakage after a seismic event to the local storm drain system, and to prevent additional damage to the new BDPL3x pipeline.

                    Abandonment of BDPL3, with design changes to the abandoned pipeline to direct water to the local storm drain system after a major seismic event.

Written comments will be accepted at the Planning Department’s offices until the close of business on February 8, 2010.

Preliminary Recommendation: No Action Required

 

            13.        2006.0954E                                                                 (B. BOLLINGER: (415) 575-9024)

San Francisco Enterprise Zone - Public Hearing on the Draft Environmental Impact Report - The Enterprise Zone (EZ) is a long-term (15-year) partnership with local governments and private companies to generate new private sector investment and growth. The State provides performance based tax incentives to EZ businesses to revitalize chronically deteriorated areas; hire the most difficult-to-hire residents in private sector jobs; and retain, expand, and reward businesses that participate. The proposed project consists of renewing and reestablishing San Francisco’s EZ and modifying the geographic boundaries of the previous EZ (established on May 28, 1992). The EZ previously consisted of approximately 4,902 acres and included most of the City’s commercial- and industrial-designated areas. The new EZ would consist of approximately 5,815 acres or approximately 913 acres more than the previous EZ.Written comments will be accepted at the Planning Department’s offices until 5 p.m. on February 8, 2010.

                                Preliminary Recommendation: No Action Required

                                                                         

14a.     2008.0992CESV                                                           (S. Hayward:  (415) 558-6372)

200 DOLORES STREET - on the southwest corner of Dolores and 15th Streets; Lot 063 in Assessor’s Block 3557 in an RTO (Residential, Transit-Oriented) Zoning District and a 40-X Height and Bulk District – Request for Conditional Use Authorization, pursuant to Planning Code Sections 151.1, 157, and 303  for a proposal to construct thirteen dwelling units with thirteen off-street parking spaces, and to replace three parking spaces for the adjacent property (Lot 062, Assessor’s Block 3557) that would be lost as a result of the proposed project.  A Variance is also requested of the Zoning Administrator to construct a new building in the required rear yard and within the required front set back.  A Variance from the Planning Code's open space requirement is requested of the Zoning Administrator by the adjacent parcel as a result of the lot line adjustment associated with the proposed project.

Preliminary Recommendation:  Approval with Conditions.

 

14b.      2008.0992CESV                                                              (S. HAYWARD:  (415) 558-6372)

200 DOLORES STREET - southwest corner of Dolores and 15th Streets; Lot 063 in Assessor’s Block 3557 in an RTO (Residential, Transit-Oriented) Zoning District and a 40-X Height and Bulk District - Request for a Variance from Planning Code Sections 132 and 134 from the Zoning Administrator, to construct a new ten-unit residential building within the required rear yard and within the required front setback.

Preliminary Recommendation:  Approval with Conditions.

 

14c.     2003.1287V                                                                  (S. HAYWARD:  (415) 558-6372)

1919-1923 15TH STREET - south side of 15th Street near Dolores Street; Lot 062 in Assessor’s Block 3557 in an RTO (Residential, Transit-Oriented) Zoning District and a 40-X Height and Bulk District - Request for a Variance from Planning Code Sections 121 and 135 from the Zoning Administrator, to allow a lot line adjustment that would result in a lot that does not meet the open space and minimum lot size requirements of the Planning Code. This case is associated with the project listed above, Case No. 2008.0992CV, at 200 Dolores Street.

Preliminary Recommendation:  Approval with Conditions.

 

15.       2009.1103C                                                                              (J. Ionin: (415) 558-6309)

690 STANYAN STREET - northeast corner at Haight Street, Assessor’s Block 1228, Lots 005 and 006 - Request for Conditional Use Authorization under Planning Code Sections 303, 703.4, and 719.27 to allow a formula retail use (d.b.a.Whole Foods grocery) to occupy the vacant 24-foot-high, approximately 23,060 square foot retail building with a 42-space surface parking lot (formerly occupied by Cala Foods grocery), with the ability to operate 24 hours a day.   No increase in floor area or expansion of the building envelope is proposed.  The project is within the Haight Street Neighborhood Commercial District, the Haight Alcoholic Beverage Special Use Subdistrict, and within a 40-X and a 50-X Height and Bulk District.

Recommendation: Approval with Conditions

 

16.       2009.1058C                                                                  (A. Hollister:  (415) 575-9078)

1346 Polk Street - east side between Pine and Bush Streets, Lot 007 in Assessor’s Block 0668 - Request for Conditional Use Authorization to establish a Formula Retail Use (D.B.A. Max Muscle) at the subject site as defined by Section 703.3 of the Planning Code.  The proposed retail use would offer retail sales of health and nutrition products and would occupy approximately 1870 gross square feet.  This site is within the Polk Street Neighborhood Commercial Use District and a 65-A Height and Bulk District.

Preliminary Recommendation:  Approval with Conditions

 

17.       2009.1123D                                                     (C. JAROSLAWSKY (415) 558-6348)

4639 19th STREET - south side of 19th Street west of Seward Street; Lot 016 in Assessor’s Block 2701A - Request for Discretionary Review of Building Permit Application No. 2009.09.21.7273 to extend the rear wall of a two-story-over-garage, single-family structure approximately 13 feet at the second and third levels 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 submitted.

 

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:

 

Last updated: 1/25/2010 12:00:52 PM