SAN FRANCISCO
PLANNING COMMISSION
Notice of Meeting
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, June 17, 2010
1:00 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.
1:00 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. 2008.0395E (I. NISHIMURA: (415) 575-9041)
2130 Fulton Street - University of San Francisco Center for Science and Innovation - north side, between Golden Gate, Masonic, and Parker Avenues; Lot 003 in Assessor’s Block 1145 - Public Hearing on an Appeal of the Preliminary Mitigated Negative Declaration. The approximately 80,000-square-foot project site is on the Main Campus of the University of San Francisco, in the existing Harney Green and Harney Plaza area. The proposed project includes removal of Harney Green and Plaza; site excavation; and construction of a three-story with a partial fourth floor, 53-foot high building with a partial basement, which would connect on all floors to the south end of the existing Harney Science Building, and a below-grade, two-level structure, which is also a component of the proposed project. The roof of this building would serve as a new plaza and pedestrian area. Together, the new structures would have approximately 60,000 square feet of classrooms, laboratories, instrumentation rooms, and building mechanical/support spaces. The project site is within an RH-2 (Residential, House, Two-Family) District and an 80-D Height and Bulk District. The proposed project would require Conditional Use Authorization for a post-secondary institutional use in an RH-2 District, and for exceeding a building height of 40 feet in an R District.
Preliminary Recommendation: Uphold Mitigated Negative Declaration
(Continued from Regular Meeting of April 22, 2010)
(Proposed for Continuance to June 24, 2010)
2. 2008.0395C (S. VELLVE: (415) 558-6263)
2130 Fulton Street - University of San Francisco Center for Science and Innovation (CSI) - north side, between Golden Gate, Masonic, and Parker Avenues; Lot 003 in Assessor’s Block 1145 - Request for Conditional Use Authorization pursuant to Planning Code Sections 101.1, 209.3, 253, 295, 303 and 304 of the Planning Code to allow the intensification of an existing institutional use (University of San Francisco - USF), a building greater than 40 feet in height in a residential district, and a Planned Unit Development (PUD) to construct an approximately 60,000 square foot academic building of approximately 50 feet in height (excluding stacks) and to reconfigure the approximately 20,000 square foot Harney Plaza within an RH-2 (Residential, House, Two Family District) and an 80-D Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of April 22, 2010)
(Proposed for Continuance to June 24, 2010)
3. 2010.0248X (B. FU: (415) 558-6613)
399 FREMONT STREET - northeast corner of Harrison and Fremont Streets, Lot 002 in Assessor’s Block 3747 - Request under Planning Code Sections 309.1, 825 and 827 to allow a 12-month time extension for a previously approved project within the RH DTR (Rincon Hill Downtown Residential Mixed Use) District with a 85/400-R Height And Bulk Designation. The approved proposal was to construct a new residential project in a 400-foot building that would consist of approximately 452 dwelling units and up to 238 off-street parking spaces.
(Proposed for Continuance to July 1, 2010)
4. 2010.0393T (A. RODGERS: (415) 558-6395)
Amendments to the Planning Code Section 151.1: Ocean Avenue NCT. The Commission will consider a draft Ordinance introduced by Supervisor Elsbernd [BF 100530] amending the San Francisco Planning Code by amending Section 151.1 to exclude large retail uses within the Ocean Avenue Neighborhood Commercial Transit District from the requirement to provide delivery or shuttle services when such uses receive conditional use authorization to provide a greater number of off-street parking spaces; adopting findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.
Preliminary Recommendation: pending
(Proposed for Continuance to July 8, 2010)
5. 2010.0184D (R. CRAWFORD: (415) 558-6358)
527 Howard Street - (south side between 1st and 2nd Streets), Assessor’s Block 3736 Lot 083 - Mandatory Discretionary Review for a Medical Cannabis Dispensary The proposal is to develop a Medical Cannabis Dispensary (dba Igzactly Health Center) on the ground floor of an existing building. This project lies within a C-3-O (Downtown, Office) District, and within the 20-S and 350-S Height and Bulk District.
Preliminary Recommendation: Take Discretionary Review and Approve the Application with Conditions.
(Proposed for Continuance to July 22, 2010)
B. COMMISSIONERS’ QUESTIONS AND MATTERS
6. 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
7. Director’s Announcements
8. Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.
9. (E. WATTY: (415) 558-6620)
Interim Discretionary Review Procedures: Proposed changes to staff reports and presentations. Informational only
(Continued from Regular Meeting of May 20, 2010)
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
10. 2010.0439T (E. Forbes: (415) 558-6417)
Fee Revisions and Adjustments - Consideration of amendments to Planning Code Article 3.5 to increase most fees 4.65 percent, add a new fee for Conditional Use applications for Wireless Telecommunication Services (WTS) Facilities and Preliminary Project Assessment Fee, increase the Discretionary Review filing fee to $500 consistent with CEQA and Conditional Use appeal fees, and make other adjustments for cost recovery.
Preliminary Recommendation: Approval with amendments
11. 2010.0440T (E. Forbes: (415) 558-6417)
Fee Revisions and Adjustments - Consideration of amendments to the Administrative Code to increase fees 4.65 percent, further increase Categorical Exemption Class 32, Negative Declaration and EIR addendum fees for cost recovery, change the timing of EIR payments, add a new fee for mitigation and conditions of approval monitoring, and for MTA and PUC Categorical Exemption Certificates, and to make other clarifying adjustments.
Preliminary Recommendation: Approval with amendments
12. 2010.0273T (T. SULLIVAN: (415) 558-6257)
Amendments to the Planning Code Section 715: Castro Neighborhood Commercial District Eating & Drinking Definitions [Board File No. 10-0434]-Ordinance introduced by Supervisor Dufty amending Planning Code Sections 715.1 (Zoning Control Table), 715.42 (full-service restaurants), 715.43 (large fast food), 715.44 (small self-service restaurants), and 715.69A (specialty food, self-service) to allow new full-service restaurants, small self-service restaurants, and self-service specialty food establishments with a Conditional Use Authorization, and to prohibit new large fast food establishments; 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.
13. 2006.1348EKC (C. TEAGUE: (415) 575-6081)
246 RITCH STREET - west side between Bryant and Brannan Streets, Lot 092 in Assessor's Block 3776 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 817 and 890.88(c) to construct a five-story residential building with 19 Single Room Occupancy (SRO) units and four ground floor parking spaces in the SLI (Service/Light Industrial) District, and 55-X Height and Bulk District. The proposal is subject to the Eastern Neighborhood "Pipeline" controls of Planning Code Section 175.6 and, therefore, the original land use controls that existed on the application filing date.
Preliminary Recommendation: Approval with Conditions.
14. 2009.0562C (S. Lai: (415) 575-9087)
3281 16TH STREET (AKA 3589 16TH STREET) - south side, between Dolores and Guerrero Streets, Lot 034 in Assessor’s Block 3567 - Request for Conditional Use Authorization under Planning Code Sections 209.6 and 303, to install a new wireless telecommunication services facility, consisting of four antennas and associated equipment, located on the tower of a church with a maximum height of 63-feet, as part of T-Mobile’s wireless telecommunications network within the RM-1 (Mixed Residential, Low Density) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of May 27, 2010)
15. 2009.0620C (A. HOLLISTER: (415) 575-9078)
530 Bush Street - north side between Stockton Street and Grant Avenue, Lot 027 in Assessor’s Block 0271 - Request for Conditional Use Authorization under Planning Code Sections 227(i) and 303 to expand an existing wireless telecommunications service facility by adding three new panel antennas on the penthouse of an existing nine-story office building as part of Verizon Wireless’ telecommunications network. The antennas are proposed on a Location Preference 2 Site (Preferred Location – Co-Location Site) within the C-3-G (Downtown, General, Commercial) Use District and 65-A Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of May 27, 2010)
NOTE: On May 27, 2010, following public testimony, the Commission entertained a motion to approve. The motion failed (+3 -1 with Sugaya voting against and Moore, Borden & Olague absent). The item was continued to 6/17/10 and the public hearing will remain open.
16. 2008.0794C (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 June 10, 2010)
NOTE: On April 8, 2010, following public testimony and some commission deliberation, the item was continued to 6/17/2010 for continued design work by a vote of +7 -0. The public hearing will remain open.
17a. 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
(Continued from Regular Meeting of June 10, 2010)
17b. 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
(Continued from Regular Meeting of June 10, 2010)
18. 2009.0535D (G. CABREROS: (415) 558-6169)
2296-2298 VALLEJO STREET - northeast corner at the intersection with Fillmore Street; Lot 014 in Assessor's Block 0557 - Request for Discretionary Review of Building Permit Application No. 2008.04.07.9049 proposing various interior and exterior alterations, including enclosure of existing stairs along the Fillmore Street facade and construction of rooftop dormers and structures, to a three-story-over-two-basement, four-unit building 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
5:30 P.M.
19. 2008.0021E (R. COOPER: (415) 575-9027)
PARKMERCED PROJECT –3711 Nineteenth Avenue - Public Hearing on the Draft Environmental Impact Report - The project site is located on about 152 acres of land adjacent to Lake (Assessors Block 7303, Lot 1, 7303A, Lot 1 7308-7311, Lot 1, 7314, Lot 1, 7316, Lot 1, 7319-7326, Lot 1, 7330, Lot 1, 7331, Lots 1-5, 7332, Lots 1-4, 7333, Lots 1-3, 7345, Lot 1, 7333 A-B, Lot 1, 7333E, Lot 1 and 7353-7370, Lot 1). The Proposed Project would increase residential density, provide new commercial and retail services, modify transit facilities, and improve utilities within the site. A new Pre K-5 school and day care facility, a fitness center, and new open space uses, would also be provided. About 1,683 of the existing apartments located in 11 tower buildings would be retained. Over a period of approximately 20 years, the remaining 1,538 existing apartments would be demolished and replaced, and an additional 5,679 net new units would be added, resulting in a total of about 8,900 units on the site. The transportation system modifications would include rerouting the existing Muni Metro M Ocean View line through the development. Infrastructure improvements would include the installation renewable energy sources, such as wind turbines and photovoltaic cells. The Proposed Project would require amendments to the San Francisco Planning Code and the San Francisco General Plan. The Planning Code amendments would change the Height and Bulk District Zoning Map and would add a Special Use District (SUD) applicable to the entire Project Site. A Development Agreement is also proposed, which would be accompanied by the proposed Park Merced Design Standards and Guidelines with specific development guidelines. The transportation improvements would require approval of the San Francisco Municipal Transit Authority, the California Public Utilities Commission, and Caltrans. The DEIR identifies potentially significant, unavoidable environmental impacts on aesthetics, historic architectural resources, transportation, noise, air quality, wind and biological resources.
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:
