SAN FRANCISCO
PLANNING COMMISSION
Notice of Meeting
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, May 13, 2010
1:30 P.M.
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 P.M.: _________
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.
1a. 2007.1135EKVX (J. MILLER: (415) 558-6344)
562 - 564 HOWARD STREET - north side between First and Second Streets - Review under Planning Code (hereinafter “Code”) Section 309 an eight-story addition to an existing two-story building to contain approximately 19 dwelling units, second-story residential use and ground-floor retail space, approximately 122 feet in height, requiring an exception pursuant to Code Section 309(a)(1) for rear-yard requirements, Lot 019 in Assessor's Block 3721, in a C-3-O(SD) (Downtown Office – Special District) and a 450-S Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of February 25, 2010)
NOTE: On February 25, 2010, following public testimony, the Commission continued this item to 3/25/2010 and required that they be provided with the Howard Street frontage prior to the hearing by a vote +5 -0. Commissioner Sugaya was recused. Commissioner Borden was absent. The public hearing remains open.
(Continued from Regular Meeting of March 25, 2010)
(Proposed for Indefinite Continuance)
1b. 2007.1135EKVX (J. MILLER: (415) 558-6344)
562 – 564 HOWARD STREET - north side between First and Second Streets - Request for aVariance of Planning Code Section 140 for dwelling-unit exposure for ten dwelling units in conjunction with the construction of 19 new dwelling units, Lot 019 in Assessor's Block 3721, in a C-3-O(SD) (Downtown Office – Special District) and a 450-S Height and Bulk District.
(Continued from Regular Meeting of February 25, 2010)
NOTE: On February 25, 2010, following public testimony, the Commission continued this item to 3/25/2010 and required that they be provided with the Howard Street frontage prior to the hearing by a vote +5 -0. Commissioner Sugaya was recused. Commissioner Borden was absent. The public hearing remains open.
(Continued from Regular Meeting of March 25, 2010)
(Proposed for Indefinite Continuance)
B. 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.
C. REGULAR CALENDAR
2. 2007.0946BEMRTUZ (M. SNYDER: (415) 575-6891)
CANDLESTICK POINT - HUNTERS POINT SHIPYARD PHASE 2 - The Candlestick Point component is generally bounded by Jamestown Avenue north of Hunters Point Expressway and south of Giants Drive to the south and southwest; Bayview Hill Park to the southwest; Gilman Park to the northwest; the southwest, northwest, and northeast outer boundaries of Alice Griffith Housing to the north; the San Francisco Bay shoreline along Candlestick Point State Recreation Area from Arelious Walker Drive to Hunters Point Expressway to the east and south and includes the following Assessor's Blocks and Lots: Block 4884, all lots; Blocks: 4917, all lots; Blocks: 4918, all lots; Block: 4934, all lots; Block: 4935, all lots; Blocks: 4956, Lots 003, 004, 005, 006, 007, 008, 009, 010, 011, 012, 013, 014 , Block 4960, Lot 027 , Block 4977, Lot: 006; Block 4983, all lots, Block: 4984, all lots; Block: 4886, all lots; Block 4991, Lot: 276; Block: 5000, Lot: 001; Block 5005, all lots. The Hunters Point Shipyard Phase 2 component of the project includes almost all of the former Hunters Point Shipyard except for the portion being developed as Phase I and includes the following Assessor’s Blocks and Lots: Assessor's Block 4591A, Lot 079; Block 4591C, Lots 010, 209, and 210; Block 5491C, Lot 211. Informational Hearing on the Project's Disposition and Development Agreement between the San Francisco Redevelopment Agency and the master developer, CP Development Co., LP, a joint venture between Lennar and Scala Real Estate Partners, Hillwood, and Estein and Associates, USA, including a presentation on the Project's Below Market-Rate Housing Plan, Community Benefits Plan and workforce development and local hiring programs.
4:30 P.M.
3. 2007.1202E (T. JOHNSTON: (415) 575-9035)
HARRY TRACY WATER TREATMENT PLANT (HTWTP) LONG-TERM IMPROVEMENTS PROJECT - Public Hearing on the Draft Environmental Impact Report - The San Francisco Public Utilities Commission (SFPUC) is proposing TC "San Francisco Public Utilities Commission (SFPUC)" \f A \l "1" to implement the Harry Tracy Water Treatment Plant (HTWTP) TC "Harry Tracy Water Treatment Plant (HTWTP)" \f A \l "1" Long-Term Improvements Project to meet WSIP levels of service for water quality and delivery reliability, seismic reliability, and other improvements necessary to the enhance the operation of the HTWTP. The treatment process would generally be the same even with the proposed improvements. The primary differences would be to solids handling, whereby solids from the sludge holding tank would be transferred to a solids dewatering facility before being trucked off site, and to the treated water storage, which would occur in a single new tank north of the main plant site instead of two tanks southeast of the main plant. The HTWTP is located on 52.3 acres in an unincorporated area of San Mateo County just east of Interstate 280 (I-280) TC "Interstate 280 (I-280)" \f A \l "1" near the City of San Bruno and the City of Millbrae. A small portion of the site is within the City of Millbrae.
Preliminary Recommendation: No Action Required
Note: Written comments will be accepted at the Planning Department’s offices until the close of business on Monday, May 17, 2010.
4. 2010.0116C (S. YOUNG: (415) 558-6346)
1599 HAIGHT STREET - southeast corner of Haight and Clayton Streets; Lot 023 in Assessor’s Block 1245 -Request for Conditional Use Authorization under Sections719.42and 303 of the Planning Code to convert retail commercial tenant space (previously occupied by a retail jewelry store dba Offbeat and currently occupied by a tattoo and piercing studio dba Soul Patch) into a full-service restaurant dba Mama’s Kitchen (Café) with approximately 2,100 square feet in floor area within the Haight Street Neighborhood Commercial District, the Haight Street Alcohol Restricted Use Subdistrict, and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
5. 2010.0083C (S. YOUNG: (415) 558-6346)
200 FILLMORE STREET - northeast corner of Fillmore and Waller Streets; Lot 020 in Assessor’s Block 0859 -Request for Conditional Use Authorization under Sections 710.48, 303, and 186.1(b)(1) of the Planning Code to allow an “other entertainment” use within an existing legal nonconforming large fast food restaurant dba Café Du Soleil located on the ground floor of the two-story residential and commercial building within an NC-1 (Neighborhood Commercial Cluster) District and a 40-X Height and Bulk District. The proposal will involve adding the performance of non-amplified musical entertainment and poetry reading to the existing restaurant.
Preliminary Recommendation: Approval with Conditions
6. 2009.0199C (S. Lai: (415) 575-9087)
503 33rd AVENUE (AKA 6901 GEARY BOULEVARD) - southwest corner of Geary Boulevard and 33rd Avenue, Lot 001 in Assessor’s Block 1511 -Request for Conditional Use Authorization under Planning Code Sections 710.69A, 790.93 and 303, to legalize a self-service specialty food establishment (dba “Happy Yogurt”) to replace a retail grocery store, within the NC-1 (Neighborhood Commercial, Cluster) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
7. 2005.1085E (M. JACINTO: (415) 575-9033)
555 FULTON STREET - south side of Fulton Street, between Octavia, Laguna and Birch Streets; Lots 015, 028 Assessor Block 0794 - Public Hearing on an Appeal of the Preliminary Mitigated Negative Declaration. The proposed project would include demolition of an existing two-story, approximately 19,620-square-foot office and industrial building with about 70 surface parking spaces and new construction of a five-story, approximately 55-foot-tall, 245,610- gross square feet building with 136 residential units, ground-floor commercial (supermarket) space, and 195 spaces of parking in a two-level underground parking garage. The project site is located in the Hayes-Gough Neighborhood Commercial Transit District, the Residential Transit-Oriented District and the Fulton Street Grocery Store Special Use District and a 40-X/50-X Height and Bulk District.
Preliminary Recommendation: Uphold Mitigated Negative Declaration
(Continued from Regular Meeting of March 22, 2010)
8. 2005.1085C (K. GUY: (415) 558-6163)
555 Fulton Street - south side between Laguna and Octavia Streets, Lots 015 and 028 of Assessor’s Block 0794 - Request for Conditional Use Authorization to allow development on a lot exceeding 10,000 square feet, to allow a commercial use size exceeding 3,000 square feet, to allow development above the 40-foot base height limit up to 50 feet, to allow additional off-street accessory parking for residential and commercial uses within a Neighborhood Commercial Transit (NCT) District, and to approve a Planned Unit Development, with specific modifications of Planning Code regulations regarding off-street parking, rear yard, open space, dwelling unit exposure, height limits for narrow streets, and curb-cuts on streets with bicycle lanes, within the Hayes-Gough NCT District, the Residential Transit-Oriented District, the 40-50-X Height and Bulk District, and the Fulton Street Grocery Store Special Use District.
Preliminary Recommendation: Approval with Conditions
9a. 2009.0112 CZ (E. Watty: (415) 558-6620)
ONE CAPITOL AVENUE - between Capitol Avenue to the east and Alemany Boulevard to the west, parallel to Sagamore Street to the north and Interstate 280 Freeway to the south; Lot 040 in Assessor’s Block 7148 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 304, to authorize a Planned Unit Development (PUD) on a vacant lot measuring approximately one acre in size, that includes the creation of 28 lots with a total of 28 single-family dwellings and 42 parking spaces (including one car share space) in an RH-1 Zoning District and 40-X Height and Bulk District; and adopting findings under the California Environmental Quality Act. This Project includes modifications to the lot size and width (Section 121), rear yard (Section 134), usable open space (Section 135), and dwelling-unit exposure (Section 140).
Preliminary Recommendation: Approval with Conditions
9b. 2009.0112 CZ (E. Watty: (415) 558-6620)
ONE CAPITOL AVENUE - between Capitol Avenue to the east and Alemany Boulevard to the west, parallel to Sagamore Street to the north and Interstate 280 Freeway to the south; Lot 040 in Assessor’s Block 7148 - Request for Zoning Map Amendment, pursuant to Planning Code Section 302, to amend Zoning Map Sheet 12 to reclassify the subject property from the existing P (Public) to RH-1 (Residential, House, One-Unit per Lot) for the proposed construction of 28 new single-family dwellings on 28 lots with 42 parking spaces. The proposed Zoning Map Amendment is before the Commission so that it may recommend adoption, rejection, or adoption with modifications to the Board of Supervisors, and adopt findings, including environmental findings and findings of consistency, with the General Plan and the Priority Policies of Planning Code Section 101.1.
Preliminary Recommendation: Recommend Adoption to the Board of Supervisors
D. 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.
10. Consideration of Adoption:
Draft Minutes of Regular Meeting of April 8, 2010.
Draft Minutes of Regular Meeting of April 15, 2010.
Draft Minutes of Regular Meeting of April 22, 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.
E. 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.
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:
