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February 18, 2010

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, February 18, 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.         2008.1072C                                                                             (K. GUY: (415) 558-6163)

1111 California Street - southwest corner at Taylor Street, Lot 020 of Assessor’s Block 0253 - Request for Conditional Use Authorization to change the existing nonconforming entertainment use of the "Nob Hill Masonic Center" to a conditionally permitted Other Entertainment use pursuant to Planning Code Sections 182(b)(1), 303, and 723.48 within the RM-4 (Residential, Mixed , High Density) District, the Nob Hill Special Use District, and the 65-A Height and Bulk District.  The requested Conditional Use Authorization would also authorize alterations to the main floor of the Masonic Auditorium to remove the existing fixed seats and provide a flexible range of audience configurations (tables and chairs, fixed seating or general admission) which would increase the maximum capacity of the Auditorium from 3,282 persons to 3,500 persons during general admission events (the fixed seats in the balcony would be retained). The requested Conditional Use Authorization would also add permanent food and beverage service for patrons of entertainment and assembly events, pursuant to Planning Code Section 238(d). No exterior modifications are proposed by this project.

Preliminary Recommendation:  Approval with Conditions

(Continued from Regular Meeting of February 11, 2010)

                        (Proposed for Continuance to March 4, 2010)

 

2.         2009.0845C                                                                           (E. Watty: (415) 558-6620)

2535A TARAVAL STREET - south side between 35th and 36th Avenues; Lot 043 in Assessor’s Block 2390 - Request for Conditional Use Authorization, pursuant to Planning Code Section 303, to modify the hours of operation restricted in the conditions of approval for Case No. 2005.0861C, Motion No. 17154, for the existing massage establishment (dba Natural Health Care) located within the NC-2 (Neighborhood Commercial, Small-Scale) District and 40-X Height and Bulk District.

Preliminary Recommendation: Pending

(Proposed for Continuance to March 25, 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

 

 

 

3.         2009.1111C                                                                         (S. LAI: (415) 575-9087)

373 WEST PORTAL AVENUE - east side between 14th Avenue and 15th Avenue; Lot 016 of Assessor’s Block 3012 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 729.62, 790.6 and 303, to converta retail establishment into a new animal hospital (dba “Four Paw Veterinary Hospital”), within the West Portal Neighborhood Commercial District and a 26-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.

 

4.         Consideration of Adoption:

 

        Draft Minutes of Regular Meeting of February 4, 2010.

 

5.         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

 

6.         Director’s Announcements

           

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

 

8.                                                                                                     (K. GUY: (415 558-6163)

TRINITY PLAZA  Market, 8th and Mission Streets, (Assessor's Block 3702, Lots 039, 051-053, and a portion of the former Jessie Street); Informational  Presentation for the Zoning Administrator to gain the Planning Commission's input on whether revisions to Building "B" (8th and Mission Streets) are in General Conformity with the project approvals associated with Case No. 2002.1179.

 

D.         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.

 

E.                 REGULAR CALENDAR 

 

9.        2009.1172T                                                              (A. Rodgers:  (415) 558-6395)

Amendments to the Planning Code Sections to create a Green Landscaping Ordinance [Board File No. 09-1453] -  Ordinance introduced by Mayor Newsom, Supervisors Carmen Chu and Bevan Dufty amending various sections of the Planning Code to address screening, greening, street tree, and permeability requirements; creating definitions for “vehicle use area,” “ornamental fencing,” and “permeable surface;” amending the Public Works Code Section 805 to create requirements for the establishment of new street trees and replacement of dead street trees; 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 Modifications.

 

10.       2009.1119T                                                                    (A. Rodgers:  (415) 558-6395)

Amendments to the Planning Code Sections to create a comprehensive set of street frontage Controls for most use districts [Board File No. 09-1271]- Ordinance introduced by Supervisor Mirkarimi amending Planning Code Sections 145.1(Street Frontages), 201 (Classes of Use Districts), 243 (Van Ness Special Use District), 253 (Review of Proposed Buildings and Structures Exceeding 40’ in R Districts), 261.1 (Additional Height Limits for Narrow Streets and Alleys), and 270.2 (Special Bulk and Open Space Requirement) to create a comprehensive and consistent set of street frontage controls for most use districts that allow a mix of uses; 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 Modifications.

                       

            11.                                                                                                (E. FORBES: (415) 558-6417)

FY2010-11 Budget Development: Review and recommendation of a balanced FY2011 budget for submission to the Mayor's Office.(Action Item)

 

            12a.      2009.0583D                                                                      (C. TEAGUE: (415) 575-9081)

251 ARKANSAS STREET -  east side between 18th Street and Mariposa Street; Lot 024 in Assessor's Block 4004 - Mandatory Discretionary Review for Building Permit No. 2009.05.20.8829 to demolish the existing single-family home in a RH-3 (Residential, House, Three-Family) Zoning District and 40-X Height and Bulk District. 

Preliminary Recommendation: Do not take Discretionary Review and approve project as proposed

(Continued from Regular Meeting of February 4, 2010)

 

12b.       2009.1165DDDD                                                            (C. TEAGUE: (415) 575-9081)

251 ARKANSAS STREET - east side between 18th Street and Mariposa Street; Lot 024 in Assessor's Block 4004 - Mandatory Discretionary Review and three separate requests for Discretionary Review for Building Permit No. and 2009.05.20.8827 to construct a 4-story, 3-unit residential building with 3 off-street parking spaces provided in a ground floor garage as a replacement to the home proposed for demolition under Case No. 2009.0583D in a RH-3 (Residential, House Districts, Three-Family) Zoning District and 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve project as proposed

                        (Continued from Regular Meeting of February 4, 2010)

 

F.        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: 2/19/2010 1:59:49 PM