SAN FRANCISCO
PLANNING COMMISSION
Notice of Meeting
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, June 10, 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.
Case reports and relevant materials are linked to the items on calendar at the above web site.
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. 2008.0494C (E. WATTY: (415) 558-6620)
2115-2117 TARAVAL STREET - south side between 31st and 32nd Avenues; Lot 046 in Assessor’s Block 2394 - Request for Conditional Use Authorization under Planning Code Sections 161 (j) and 317,711.39, and 790.86 to demolish a mixed-use building, including two dwelling units and construct a new, four-story, mixed-use structure with two commercial spaces and two dwelling units, without on-site parking, within the NC-2 (Neighborhood Commercial – Small Scale), Taraval Street Restaurant and Fast-Food Sub-District and a 50-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of April 8, 2010)
NOTE: On April 8, 2010, following public testimony and some commission deliberation, the item was continued to 6/10/2010 for continued design work by a vote of +7 -0. The public hearing will remain open.
(Proposed for Continuance to June 17, 2010)
B. COMMISSIONERS’ QUESTIONS AND MATTERS
Adoption of Commission Minutes – Charter Section 4.104 requires all commissioners to vote yes or no on all matters unless that commissioner is excused by a vote of the Commission. Commissioners may not be automatically excluded from a vote on the minutes because they did not attend the meeting.
2. Consideration of Adoption:
Draft Minutes of Regular Meeting of April 15, 2010.
3. Commission Comments/Questions
Inquiries/Announcements. Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).
Future Meetings/Agendas. At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.
C. DIRECTOR’S REPORT
4. Director’s Announcements
5. Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.
6. (J. IONIN: (415) 558-6309)
Wireless Telecommunication Services - An informational presentation by the Department of Public Health, Environmental Health Section regarding radiofrequency emissions and safety of telecommunication base stations (or antenna sites).
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. PUBLIC COMMENT ON AGENDA ITEMS WHERE THE PUBLIC HEARING HAS BEEN CLOSED
At this time, members of the public who wish to address the Commission on agenda items that have already been reviewed in a public hearing at which members of the public were allowed to testify and the public hearing has been closed must do so at this time. Each member of the public may address the Commission for up to three minutes.
7. 2005.1074E (D. DWYER: (415) 575-9031)
935-965 Market Street, CityPlace - mid-block south side of Market Street between 5th and 6th Streets; Lots 071, 072, and 073 in Assessor’s Block 3704 - Certification of the Final Environmental Impact Report. The proposed project would demolish the three two- to five-story buildings on the 1.06-acre project site and redevelop the site with one five-story, 90-foot-tall retail building, with associated building services and subsurface parking. The building would contain approximately 375,700 gsf, with about 264,010 gsf of retail uses; about 4,830 gsf of common areas; about 10,900 gsf of mechanical and storage space; and about 95,960 gsf of parking, loading, and circulation space with approximately 188 parking spaces. SEQ CHAPTER \h \r 1The project site is in the C-3-G (Downtown General Commercial) and C-3-R (Downtown Retail) Zoning Districts, and the 120-X Height and Bulk District. The proposed project would have a floor area ratio of about 8:1, and would include the use of transferable development rights (TDRs) subject to applicable height and bulk limitations. The project would require Conditional Use authorization for parking in excess of the accessory amount of parking and for demolition of a movie theater use; variances for the width of the loading and parking access on Stevenson Street; and an exception to freight loading requirements under Planning Code Section 309.
(continued from Regular Meeting of May 27, 2010)
NOTE: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on December 21, 2009. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission during the Public Comment portion of the Commission calendar.
Preliminary Recommendation: Certify the Final EIR
F. REGULAR CALENDAR
8a. 2008.0217CVX (J. MILLER: (415) 558-6344)
935 – 965 MARKET STREET - south side between 5th and 6th Streets, a through-lot to Stevenson Street - Adoption of California Environmental Quality Act (hereinafter “CEQA”) Findings. The project would construct a new-retail shopping center building (“CityPlace”), approximately 90 feet in height and containing approximately 375,700 gross square feet of floor area and approximately 188 off-street parking spaces, after demolition of three buildings including a vacant former movie theater. This project is on Assessor's Block 3704, Lots 071, 072 and 073, in C-3-G (Downtown Commercial, General) and C-3-R (Downtown Retail) Districts and a 120-X Height and Bulk District.
8b. 2008.0217CVX (J. MILLER: (415) 558-6344)
935-965 MARKET STREET - south side between 5th and 6th Streets, a through-lot to Stevenson Street - Request for review pursuant to Section 309 of the Planning Code (hereinafter “Code”) of a new-retail shopping center building (“CityPlace”), approximately 90 feet in height and containing approximately 375,700 gross square feet of floor area and approximately 188 off-street parking spaces, requiring an exception (Code Section 309(a)(8)) of Code standards for off-street loading, a Variance of Code standards for gross floor area calculation for floors over 15 feet average height (Section 102.11) and to allow two oversized openings per Section 155(s)(5)(A), and Conditional Uses for off-street parking in excess of accessory amounts (Code Section 157) and the demolition of a movie theater use (Code Section 221.1), Assessor's Block 3704, Lots 071, 072 and 073, in C-3-G (Downtown Commercial, General) and C-3-R (Downtown Retail) Districts and a 120-X Height and Bulk District.
(Continued from Regular Meeting of May 27, 2010)
8c. 2008.0217CVX (J. MILLER: (415) 558-6344)
935 – 965 MARKET STREET - south side between 5th and 6th Streets, a through-lot to Stevenson Street - Request for authorization of Conditional Uses for off-street parking exceeding accessory amounts (Code Section 157) and the demolition of a movie theater use (Code Section 221.1), in conjunction with the construction of a retail shopping center (“CityPlace”), Assessor's Block 3704, Lots 071, 072 and 073, in C-3-G (Downtown Commercial, General) and C-3-R (Downtown Retail) Districts and a 120-X Height and Bulk District.
(Continued from Regular Meeting of May 27, 2010)
8d. 2008.0217CVX (J. MILLER: (415) 558-6344)
935 – 965 MARKET STREET - south side between 5th and 6th Streets, a through-lot to Stevenson Street - Request for granting of Variances of Code standards for gross floor area calculation for floors over 15 feet average height (Section 102.11) and to allow two oversized openings per Section 155(s)(5)(A) in conjunction with the construction of a retail shopping center (“CityPlace”), Assessor's Block 3704, Lots 071, 072 and 073, in C-3-G (Downtown Commercial, General) and C-3-R (Downtown Retail) Districts and a 120-X Height and Bulk District.
(Continued from Regular Meeting of May 27, 2010)
9. 2009.1180TZM (T. SULLIVAN: (415) 558-6257)
Amendments to Planning Code Section 128 (Transfer of Development Rights), San Francisco Zoning Map ZN01, and the Chinatown and Downtown Elements of the General Plan - The proposed amendments will change the zoning of Block 0241, Lots 011 & 012 – 680 California Street, aka Old St. Mary’s Church – from Chinatown Mixed Use District to C-3-O; amending the Chinatown and Downtown Elements of the General Plan to reflect this rezoning; and amendments relating to Planning Code Section 128 to allow the transfer of TDR from any Individual Landmark located within a C-3 Zoning District to another lot within a C-3 Zoning District, and to require that proceeds from the sale of transferable development rights from certain Transfer Lots be spent on the rehabilitation and maintenance of the Transfer Lot property.
Preliminary Recommendation: Approval of Proposed Ordinance to Board of Supervisors.
10. (A. RODGERS: (415) 558-6395)
Car-share requirements and guidelines - The Commission will review a draft Zoning Administrator Bulletin; consider adoption of a proposed Commission policy statement on car-share; and consider Initiation of Amendments to the Planning Code. The Commission will also hear a summary of existing car-share controls. The draft Zoning Administrator Bulletin would establish protocols for the Department’s administration of car-sharing requirements, distinguish between different types of car-share spaces, and provide guidelines for the physical configuration of car-share spaces. The Commission will also consider adopting policies on car-share and development through the proposed Planning Commission Policy Resolution. The draft Commission resolution, if adopted, would establish city policy concerning new developments and car-share, specifically it would establish guidelines for the displacement of car-share spaces by new development, offer guidance to the public on situations where the Commission may establish requirements that are beyond those identified in Section 166 and announce the Commission’s interest in exploring a citywide system for on-street car-share parking network. Pursuant to Planning Code Section 302, the Planning Commission will consider a Resolution of Intention to initiate amendments to the Planning Code that would establish new controls for car-share in Section 166. Note: the Commission will not make recommendations on the draft Ordinance at this hearing. Instead, the Commission may set a future hearing date to consider the draft Ordinance. For more information, please visit: http://www.sf-planning.org/index.aspx?page=2347
Preliminary Recommendation: Approval of draft Commission Resolution to establish a Commission Policy on car-share and to initiate amendments to the Planning Code at a later hearing.
11. 2008.0081E (D. JAIN: (415) 575-9051)
950 Mason Street – Fairmont Hotel Project - Draft Environmental Impact Report - The project site is located at 950 Mason Street (Assessor’s Block 0244, Lot 001). The proposed project includes: 1) renovation of portions of the landmark 1906 Fairmont Hotel building (City Landmark # 185), including consolidation of up to 60 hotel rooms; 2) reconfiguration of some existing hotel uses; 3) demolition of the 1961 23-story Fairmont Hotel tower above the five-story podium; and 4) construction of a new 160–unit, 26-story residential tower and five-story midrise residential component, both above a five-story podium, on the site of the existing hotel tower and podium (proposed to be demolished). The proposed project would include below-grade parking for about 350 vehicles. The 113,400-square-foot project site is located in an RM-4 (Residential Mixed-High Density) Use District and the Nob Hill Special Use District (SUD), and in 200-E, 300-E and 320-E Height and Bulk Districts. The proposed project would require Conditional Use (CU) authorization for height and bulk and for a Planned Unit Development (PUD) including exceptions to the 25 percent rear yard requirement, as well as require Planning Commission approval under the “Large Tourist Hotel Conversion Ordinance,” Administrative Code 41F.3(f), among other approvals. The proposed exterior changes to the historic 1906 Fairmont Hotel building would also require a Certificate of Appropriateness from the Historic Preservation Commission. The Draft EIR found that implementation of the proposed project would result in a significant unavoidable environmental impact on cultural resources, related to demolition of the Tonga Room, which has been identified as a historic resource under the California Environmental Quality Act (CEQA).
12. 2010.0126D (G. Cabreros: (415) 558-6169)
60 NORMANDIE TERRACE- east side between Vallejo Street and Broadway; Lot 001H in Assessor's Block 0960 - Request for Discretionary Review of Building Permit Application No. 2007.04.05.8176 proposing to reclad all exterior facades, a side horizontal addition at the south elevation and interior alterations including excavation for additional basement space at the existing four-story-over-basement, single-family residence in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve
(Continued from Regular Meeting of April 8, 2010)
13. 2010.0210D (M. WOODS; (415) 558-6315)
2037-39 JEFFERSON STREET -south side between Baker and Broderick Streets; Lot 012C in Assessor’s Block 0915 - Mandatory Discretionary Review, pursuant to Planning Code Section 317, of Building Permit Application No. 2009.11.25.2147S, proposing to merge two dwelling units into a single-family residence within a two-story over garage building, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Take Discretionary Review and Disapprove
14. 2010.0134D (S. VELLVE: (415) 558-6263)
2016 CHESTNUT STREET- northwest corner of Chestnut and Fillmore Streets, Lot 023 in Assessor's Block 0467A - Request for Discretionary Review of Building Permit Application No. 2009.07.30.3759, proposing to locate two T-Mobile omni-directional antennas of approximately 1.5” in diameter and 24” in height on architectural columns on the north and west sides of the subject building at approximately 63’ above grade within an NC-2 (Neighborhood Commercial – Small Scale District) and 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve
15a. 2006.0674D (E. WATTY: (415) 558-6620)
634-636 PLYMOUTH AVENUE - at the southeast corner of Montana Street; Lot 014 in Assessor’s Block 7067- Mandatory Discretionary Review, pursuant to Planning Code Section 317, of Building Permit Application No. 2007.10.18.5819, proposing the demolition of a single-family dwelling within the RH-1 (Residential House; One-Family) Zoning District and 40-X Height and Bulk District.
Preliminary Recommendation: D o not take Discretionary Review and approve demolition as proposed
15b. 2008.0624D (E. WATTY: (415) 558-6620)
634-636 PLYMOUTH AVENUE - at the southeast corner of Montana Street; Lot 014 in Assessor’s Block 7067- Mandatory Discretionary Review, pursuant to Planning Code Section 317, of Building Permit Application No.'s 2007.10.18.5832, 2007.10.18.5830, 2007.10.18.5828, 2007.10.18.5826, 2007.10.18.5823, and 2007.10.18.5820, for the new construction of six (6) single-family dwellings (one on Montana Street and five fronting Plymouth Avenue) in the RH-1 (Residential House; One-Family) Zoning District and 40-X Height and Bulk District.
Preliminary Recommendation: D o not take Discretionary Review and approve the new construction as proposed
16. 2009.0085D (M. SMITH: (415) 558-6322)
160 SAN MARCOS AVENUE- north side at Santa Rite Avenue; Lot 011 in Assessor's Block 2861 - Request for Discretionary Review of Building Permit Application No. 2008.10.31.5629 proposing to construct a three-story over garage single-family dwelling on a vacant lot. Located in a RH-1(D) (Residential, House, One-Family (Detached) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve
17. 2010.0236DDD (C. TEAGUE: (415) 575-9081)
71 Cuvier Street - east side between Bosworth Street and San Jose Avenue, Lot 018 in Assessor's Block 6722 - Request for Discretionary Review of Building Permit Application No. 2009.10.15.9021, proposing to construct a new three-story single-family home on the currently vacant lot in a RH-1(Residential, House-Districts, One-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do Not Take Discretionary Review and Approve as Proposed.
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:
