SAN FRANCISCO
PLANNING COMMISSION
Notice of Meeting
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, October 28, 2010
1:30 PM
Regular Meeting
President: Ron Miguel
Vice-President: Christina R. Olague
Commissioners: Michael J. Antonini; Gwyneth Borden; 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: HYPERLINK "mailto:linda.avery@sfgov.org" 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;
Kathrin Moore; Hisashi Sugaya
A. CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE
The Commission will consider a request for continuance to a later date. The Commission may choose to continue the item to the date proposed below, to continue the item to another date, or to hear the item on this calendar.
B. CONSENT CALENDAR
All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and will be acted upon by a single roll call vote of the Commission. There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing
1. 2010.0311C (A. Putra: (415) 575-9079)
1890 19thAVENUE - northeast corner of 19th Avenue and Ortega Street; Lot 043 in Assessor’s Block 2055 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 186.1, and 303 to allow for the expansion of a nonconforming automotive gas and service station (d.b.a. B & W Chevron). Proposal will convert an existing automotive service station with accessory convenience store into a stand-alone accessory convenience store, construct a new automotive service station structure, and will not change the existing service bays on the subject property in an NC-1 (Neighborhood Commercial, Cluster) Zoning District, and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
2a. 2010.0518CV (P. LaValley: (415) 575-9084)
500 Capp Street -southwest corner of Capp and 20th Streets; Lot 032 in Assessor’s Block 3610 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.4(a) and 303, to establish a Community Facility use within the RTO-Mission (Residential Transit Oriented-Mission) District and 55-X Height and Bulk District. The project would rehabilitate and restore the existing single-family residence, former home of conceptual artist David Ireland, for use as an artist-in-residence program and archive/study center (Community Facility), operated by the 500 Capp Street Foundation. A free-standing residential (caretaker’s) unit will be constructed at the rear of the parcel. The Zoning Administrator will hear related rear yard, open space, and parking setback on street frontages variance requests.
Preliminary Recommendation: Approval with Conditions
2b. 2010.0518CV (P. LaValley: (415) 575-9084)
500 Capp Street - southwest corner of Capp and 20th Streets; Lot 032 in Assessor’s Block 3610 - Request for Variance pursuant to Planning Code Sections 134, 135, and 144(d) from rear yard, open space, and parking setback on street frontages requirements. The Zoning Administrator will consider the request following the Planning Commission’s consideration of the Conditional Use authorization.
3. 2007.1117CV (T. Frye: (415) 575-6822)
1731 Powell Street - northwest intersection of Powell and Filbert Streets at Columbus Avenue, formerly the Pagoda and the Palace Theaters, Assessor’s Block 0101; Lot 004 - Request to amend a Conditional Use Authorization granted by the Planning Commission on January 8, 2009 pursuant to Sections 303, 703.2, and 722 of the Planning Code to rehabilitate the existing building to provide up to 18 dwelling units, ground floor retail commercial space, and up to 27 off-street parking spaces. The proposed amendment would amend the required affordable housing requirements for the project from providing 4 off-site units to paying the Affordable Housing Program fee pursuant to Section 415. Amendment would allow the project sponsor to pay the in-lieu fee to the affordable housing program rather than construct off-site BMR units. The subject property is within the North Beach Neighborhood Commercial District with a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
4. 2010.0682C (E. Watty: (415) 558-6620)
2332 Taraval Street- north side between 33rd and 34th Avenues; Lot 019 in Assessor’s Block 2362 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 711.54, and 790.60, to allow a change of use from a medical office to a massage establishment (dba Relax Feet Massage) within the NC-2 (Neighborhood Commercial, Small-Scale) District and 40-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.
5. Consideration of Adoption:
Draft Minutes of Regular Meeting of September 2, 2010
Draft Minutes of Regular Meeting of October 7, 2010
Draft Minutes of Regular Meeting of October 14, 2010
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.
D. 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. 2010.0697I (A. HOLLISTER: (415) 575-9078)
814 Mission Street -Everest College Abbreviated Institution Master Plan - between Fourth and Fifth Streets Lot 007, of Assessor’s Block 3705, Report on Everest College’s Abbreviated Institutional Master Plan (IMP), pursuant to Planning Code Section 304.5. Everest College’s Abbreviated IMP contains information on the nature and history of the institution, the location and use of affiliated buildings, and development plans within the C-3-R, Downtown Retail and 160-F Height and Bulk Districts. The IMP is available for viewing on the Planning Department’s website (fromwww.sfplanning.org click “Publications & Reports” and then “Institutional Master Plans”).
Preliminary Recommendation: Informational presentation, no action requested.
E. GENERALPUBLIC COMMENT – 15 MINUTES
At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting. Each member of the public may address the Commission for up to three minutes.
F. 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.
G. CONSIDERATION OF FINDINGS AND FINAL ACTION – PUBLIC HEARING CLOSED
10. 2007.0519CEK (B. BOLLINGER: (415) 575-9024)
1645 PACIFIC AVENUE - assessor’s Block 0595 Lot 013 – Certification of the Final Environmental Impact Report. The project site is a 15,959-square-foot parcel located on a block bounded by Pacific Ave., Polk St., Jackson St., and Van Ness Ave. in the Russian Hill neighborhood. The proposed project would demolish the existing commercial building and replace it with a new 65-foot high building with 48 residential units, ground-level retail uses, and 49 parking spaces. The project site is within the Polk Street Neighborhood Commercial District (Polk NCD) and 65-A Height and Bulk District.
NOTE: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on January 19, 2010. 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
H. REGULAR CALENDAR
11. 2007.0519CEK (K. GUY: (415) 558-6163)
1645 PACIFIC AVENUE - south side between Polk Street and Van Ness Avenue; Lot 013 in Assessor’s Block 0595 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 121.1, 271, and 303 to grant exceptions to bulk requirements and to allow development of a lot larger than 10,000 square feet, within the Polk Street Neighborhood Commercial District, and the 65-A Height and Bulk District, and the adoption of findings under the California Environmental Quality Act. The proposed project is to demolish an existing building containing automotive repair and parking uses and a portion of another automotive repair building, and to construct a new six-story over basement building containing approximately 39 dwelling units, 40 off-street parking spaces, and approximately 3,200 square feet of ground-floor commercial uses.
Preliminary Recommendation: Approval with Conditions
12. 2006.1524E (B. BOLLINGER: (415) 575-9024)
350 Mission Street - Assessor’s Block 3710 Lot 017- Public Hearing on the Draft Environmental Impact Report. The proposed project is demolition of an existing 4-story institutional/retail building (Heald College) and construction of a new 375-foot high, 356,000 sq. ft. office building with ground-level public space, restaurant and retail uses, 61 parking spaces, and 64 bicycle parking spaces. The 19,000-square-foot project site is located in the Financial District on the northeast corner of the intersection of Fremont and Mission Streets on a block bounded by Beale, Market, Fremont, and Mission Streets within a C-3-O (Downtown Commercial-Office) District and a 550-S Height and Bulk District.NOTE:Written comments will be accepted at the Planning Department’s offices until 5 p.m. on November 2, 2010.
(continued from Regular Meeting of October 21, 2010)
13. 2010.0470C (A. Putra: (415) 575-9079)
2301 Market Street - southwest corner of Market and Noe Streets; Lot 034 in Assessor’s Block 3563 -Request for Conditional Use Authorization, pursuant to Planning Code Sections 721.44 and 303 for a change of use from a retail coffee store (d.b.a. Power Up Cafe) to a small, self-service restaurant (dba TBD) which is located within Gold's Gym in the Upper Market Street Neighborhood Commercial District, and a 50-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
14. 2009.0278C (A. Starr: (415) 558-6362)
1814-1816 ANZA STREET - north side between 9th and 10th Avenues; Lot 018 in Assessor’s Block 1535 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.3(j), 303 and 317, to convert a building with two residential units to a church (Canaan Lutheran Church) within an RM-1 (Residential, Mixed, Small Scale) District and 40-X Height and Bulk District. The project also includes the construction of a three-story horizontal addition at the rear of the building.
Preliminary Recommendation: Disapproval
15. 2010.0039C (E. Jackson: (415) 558-6363)
185 Berry Street- on the block situated between 3rd Street, 4th Street, Berry Street, and the Mission Creek Channel; Lot 005, Assessor’s Block 3803 - Request for Conditional Use Authorization under Planning Code Sections 227(h), 303, and 842.93 to install a wireless telecommunications facility consisting of 3 new panel antennas on the rooftop on an existing 6 story office building. The project also includes the installation of associated equipment cabinets. The project site is within a MUO (Mixed Use Office) Zoning District and a 90-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
16. 2010.0838T (E. Watty: (415) 558-6620)
Health Care Services Master Plan - the Planning Commission will consider a proposed Ordinance [BF 101057] amending the San Francisco Planning Code by adding Sections 342 to 342.10 requiring the preparation of a Health Care Services Master Plan identifying the current and projected needs for, and locations of, health care services within San Francisco and recommending how to achieve and maintain appropriate distribution of, and equitable access to, such services; requiring that medical institutions applying for land use approvals obtain a consistency determination from the Planning Commission determining that the proposed use promotes the goals recommended in the Master Plan; providing fees for the consistency determination, and making findings, including findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1 and environmental findings.The Commission will consider amendments to this Ordinance, along with additional modifications as recommended by the Planning Department.
Preliminary Recommendation: Approval with Modifications.
17. 2010.0788U (A. RODGERS: (415) 558-6395)
Amendments to Administrative Code Concerning a Child Care Feasibility Study [BOS File No. 10-1094] - Hearing of a proposed Ordinance that would amend the San Francisco Administrative Code by adding Chapter 29B to require a City agency, or a private developer that receives City funds for a development project, as defined, to prepare a feasibility study for providing an on-site child care center whenever it plans to construct or purchase a building, lease more than 50 percent of space in a private building for an initial term of more than one year, or alter more than 50 percent of the space in an existing building; adopting findings, including environmental findings. The Commission will consider an Ordinance introduced by Supervisors Dufty and Alioto-Pier that would amend the Administrative Code as described in the Ordinance with additional modifications as recommended by the Planning Department and making environmental findings.
Preliminary Recommendation: Approval with Modifications
(Continued from Regular Meeting of October 14, 2010)
18. 2010.0081U (J. IONIN: (415) 558-6309)
TMASF PROGRAM SUMMARY AND WORK PLAN - Request for authorization for TMASF Connects to continue transportation brokerage services pursuant to Planning Code Section 163 and adoption of their proposed 2011-2021 Transportation Management Program Work Plan; and authorization for TMASF Connects to begin providing resident employment brokerage services pursuant to Planning Code Section 164 and adoption of their proposed 2011-2016 Resident Placement and Training Program Work Plan.
Preliminary Recommendation: Adoption
19. 2010.0863T (K. McGee: (415) 558-6367)
Amendments to the Planning Code Section 420.1-420.5: The Visitacion Valley Community Facilities and Infrastructure Fee and Fund [Board File No. 101247] - Ordinance introduced by Supervisor Maxwell amending Planning Code Sections 420.1 (Findings), 420.2 (Definitions), 420.3 (Application), 420.4 (Imposition of Requirements), 420.5 (Visitacion Valley Community Facilities and Infrastructure Fund) to update the Visitacion Valley Community Facilities and Infrastructure Fee and Fund and to conform the program with other Area Plan fee programs; and 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.
20a. 2007.1238EMTRU (A. Varat: (415) 558-6405)
Better Streets Plan -Adopting CEQA Findings relating to the approval of the Better Streets Plan - and associated actions, including adoption of amendments to the General Plan and the Planning Code.
preliminary Recommendation: Approval
20b. 2007.1238EMRTU (A. Varat: (415) 558-6405)
Better Streets Plan - Consideration of Adopting a Resolution Amending the General Plan and consideration of a General Plan Referral on the General Plan and Related Actions - Pursuant to Planning Code Section 340 (c), the Commission will consider adopting amendments to the Transportation and Urban Design Elements of the General Plan, and recommending that the Board of Supervisors adopt an Ordinance approving the amendments. The Better Streets Plan creates a comprehensive set of guidelines for the design of thepedestrian environment on public right-of-ways. The proposed General Plan amendments would incorporate the Better Streets Plan into the General Plan by reference. Pursuant to San Francisco Charter § 4.105 and the San Francisco Administrative Code Section 2A.53, the Commission, as part of this action also will consider a General Plan Referral for the General Plan amendments and relating actions, finding General Plan amendments and Planning Code amendments in conformity with the General Plan, as it is proposed to be amended, and with Planning Code Section 101.1(b) Priority Policies of the General Plan.
Preliminary recommendation: Approval
20c. 2007.1238EMRTU (A. Varat: (415) 558-6405)
Better Streets Plan - Consideration of Adopting a Resolution to Recommend Approval of the Better Streets Plan as an Official Plan of the City and County of San Francisco and to Amend the Planning Code and Administrative Code Related to the Better Streets Plan - On September 21, 2010, Mayor Gavin Newsom introduced legislation at the Board of Supervisors that would adopt the Better Street Plan as an official plan of San Francisco and amend the Planning Code, Administrative Code, Public Works Code, and Subdivision Code to incorporate the Better Streets Plan and related concepts. The Better Streets Plan creates a comprehensive set of guidelines for the design of thepedestrian environment on public right-of-ways. As part of this action, the Commission will consider recommending to the Board of Supervisors approval of the Better Streets Plan as an Official Plan of the City. Pursuant to Planning Code Section 302 (b), the Commission will consider recommending approval of amendments to sections 132, 135, 138.1, 249.1, 428, 825, and 827 of the Planning Code. The amendments would establish and describe requirements for street improvements for public and private projects, and consolidate existing requirements for street improvements into a unified section of the Planning Code. Pursuant to Section 5.41 of the Board of Supervisors Rules of Order, which directs the Board of Supervisors to refer any changes to the Administrative Code that involve planning or land use issues to the Planning Commission, the Commission will consider recommending approval of amendments to Section 98.1 of the Administrative Code, the Better Streets Policy.
I. 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:
