February 10, 2011

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, February 10, 2011

1:30 PM

Regular Meeting

 

President:  Christina R. Olague

Vice-President: Ron Miguel

                        Commissioners: Michael J. Antonini; Gwyneth Borden; Rodney Fong; Kathrin Moore;

Hisashi Sugaya

 

Commission Secretary: Linda D. Avery

 

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:                                 Christina R. Olague

                        Vice-President:                          Ron Miguel

Commissioners:                        Michael J. Antonini; Gwyneth Borden; Rodney Fong; 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.         2010.0571T                                                                      (D. Sánchez:  415.575.9082)

Amendments to Planning Code by adding Section 102.34 and amending Sections 204.1, 209.5, 227, 234.1, 234.2, and Articles 7 and 8 - Ordinance introduced by Mayor Gavin Newsom and Supervisor David Chiu under Board File No. 101537 to define an urban agricultural use - to amend Sections regulating such use in various zoning districts and adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. 

(Proposed for Continuance to February 17, 2011)

 

2.         2010.0802D                                                                 (G. CABREROS: (415) 558-6169)

2774-2776 Filbert Street - north side between Baker and Broderick Streets; Lot 014A in Assessor's Block 0942 - Request for Discretionary Review of Building Permit Application No. 2009.09.09.6467 proposing to construct a one-story vertical addition to the existing three-story, two-unit building resulting in a four-story, two-unit building in an RH-2 (Residential House, Two-Family) District and a 40-X Height and Bulk District.

Staff Analysis: Abbreviated Discretionary Review

Preliminary Recommendation: Do not take Discretionary Review and approve.

                        (Continued from Regular Meeting of December 16, 2010)

                        (Proposed for Continuance to March 3, 2011)

 

            3a.        2009.0173DV                                                                  (D. SÁNCHEZ: (415) 575-9082)

353 SAN JOSE AVENUE - east side of San Jose between 25^th Street and 26^th Streets; Lot 022 in Assessor’s Block 6531 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of the demolition of residential buildings and their replacement structures, of Building Permit Application No. 2007.12.12.0285 to construct a four unit multifamily building as the replacement structure within an RM-2 (Residential, Mixed, Moderate Density) District with a 40-X Height and Bulk Designation.

Preliminary Recommendation: Do not take Discretionary Review and Approve

            NOTE: On December 16, 2010, following public testimony, the Commission continued the matter to February 10, 2011 by a vote of (+6 -0).  Commissioner Fong was absent. Public hearing remains open.

            (Continued from Regular Meeting of December 16, 2010)

(Proposed for Continuance to March 17, 2011)

 

            3b.        2009.0173DV                                                                  (D. SÁNCHEZ: (415) 575-9082)

353 SAN JOSE AVENUE - east side of San Jose between 25^th Street and 26^th Streets; Lot 022 in Assessor’s Block 6531 - Request for Variance, pursuant to Planning Code Sections 134 and 140, to not provide a code complying rear yard at the ground level or above where a rear yard of 34 feet 8 inches is required and to not provide dwelling unit exposure for two units for construction of a four unit building within an RM-2 (Residential, Mixed, Moderate Density) District with a 40-X Height and Bulk Designation.

            ZONING ADMINISTRATOR CONTINUED THE MATTER TO FEBRUARY 10, 2011.

            (Continued from Regular Meeting of December 16, 2010)

(Proposed for Continuance to March 17, 2011)

 

            3c.        2010.1040D                                                                    (D. SÁNCHEZ: (415) 575-9082)

353 SAN JOSE AVENUE - east side of San Jose between 25^th Street and 26^th Streets; Lot 022 in Assessor’s Block 6531 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of the demolition of residential buildings and their replacement structures, of Demolition Permit Application No. 2007.12.12.0282 to demolish an existing single family dwelling within an RM-2 (Residential, Mixed, Moderate Density) District with a 40-X Height and Bulk Designation.

Preliminary Recommendation: Do not Take Discretionary Review and Approve

            NOTE: On December 16, 2010, following public testimony, the Commission continued the matter to February 10, 2011 by a vote of (+6 -0).  Commissioner Fong was absent. Public hearing remains open.

            (Continued from Regular Meeting of December 16, 2010)

(Proposed for Continuance to March 17, 2011)

 

4.         2010.0673C                                                                         (M. Woods: (415) 558-6315)

2509 BUSH STREET - south side between Scott and Divisadero Streets; Lot 032 in Assessor’s Block 1051 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303(c) and 712.38, to allow the conversion from residential units to a preschool for 48 children (an “Other Institutions, Large” as defined in Planning Code Section 790.50) on the second and third floor levels of an existing three-story building, containing approximately 3,900 square feet, in the NC-3 (Moderate-Scale Neighborhood Commercial) District and 40-X Height and Bulk District. 

Preliminary Recommendation:

(Proposed for Continuance to February 24, 2011)

 

B.         COMMISSIONERS’ QUESTIONS AND MATTERS

 

5.         Commission Comments/Questions

·         Inquiries/Announcements.  Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).

·         Future Meetings/Agendas.  At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.

 

C.         DIRECTOR’S REPORT

 

6.         Director’s Announcements

           

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

 

8.         Governor Brown’s Proposed Elimination of Redevelopment Agencies

 

D.         GENERAL PUBLIC 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.

 

F.                  CONSIDERATION OF FINDINGS AND FINAL ACTION – PUBLIC HEARING CLOSED

 

9.         2006.1524E                                                                   (B. BOLLINGER: (415) 575-9024)

350 Mission Street - Assessor’s Block 3710 Lot 017 - Certification of the Final Environmental Impact Report. The proposed project would demolish an existing four story building containing office space and retail uses, and construct a new 24-story, 350-foot tall building containing approximately 340,000 square feet of office uses, approximately 6,500 square feet of retail space, approximately 23,500 square feet of subterranean parking area, and approximately 7,000 square feet of publicly-accessible interior open space. The project site is located within the C-3-O (Downtown Office) District and the 550-S Height and Bulk District.

Please note: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on November 2, 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

 

G.                 REGULAR CALENDAR 

 

10a.      2006.1524EKBXV                                                                      (K. GUY: (415) 558-6163)

350 MISSION STREET - northeast corner at Fremont Street; Lot 017 of Assessor’s Block 3710 - Consideration of Adoption of Findings under the California Environmental Quality Act. The proposed project would demolish an existing four story building containing office space and retail uses, and construct a new 24-story, 350-foot tall building containing approximately 340,000 square feet of office uses, approximately 1,000 square feet of retail space, approximately 23,500 square feet of subterranean parking area, and approximately 12,700 square feet of publicly-accessible interior open space. The project site is located within the C-3-O (Downtown Office) District and the 550-S Height and Bulk District.

Preliminary Recommendation: Adopt Findings.

 

10b.      2006.1524EKBXV                                                                     (K. GUY: (415) 558-6163)

350 MISSION STREET - northeast corner at Fremont Street; Lot 017 of Assessor’s Block 3710 - Request for Allocation of Square Footage pursuant to Planning Code Sections 321 and 322 (the Annual Office Development Limitation Program). The proposed project would demolish an existing four story building containing office space and retail uses, and construct a new 24-story, 350-foot tall building containing approximately 340,000 square feet of office uses, approximately 1,000 square feet of retail space, approximately 23,500 square feet of subterranean parking area, and approximately 12,700 square feet of publicly-accessible interior open space. The project site is located within the C-3-O (Downtown Office) District and the 550-S Height and Bulk District.  Preliminary Recommendation: Approval with Conditions.

 

10c.      2006.1524EKBXV                                                                      (K. GUY: (415) 558-6163)

350 MISSION STREET - northeast corner at Fremont Street; Lot 017 of Assessor’s Block 3710 - Request for a Determination of Compliance pursuant to Planning Code Section 309, with exceptions to the requirements for "Separation of Towers", "Reduction of Ground-Level Wind Currents in C-3 Districts", "General Standards for Off-Street Parking and Loading" to create a curb cut on Fremont Street, and "Bulk Limits". The proposed project would demolish an existing four story building containing office space and retail uses, and construct a new 24-story, 350-foot tall building containing approximately 340,000 square feet of office uses, approximately 1,000 square feet of retail space, approximately 23,500 square feet of subterranean parking area, and approximately 12,700 square feet of publicly-accessible interior open space. The project site is located within the C-3-O (Downtown Office) District and the 550-S Height and Bulk District.  Preliminary Recommendation: Approval with Conditions. The Planning Department has made an initial determination that 340,362 square feet of the proposed office uses would be subject to the requirements of the Downtown Park Special Fund (Section 412), Housing for Large-Scale Development (Section 413), and Child-Care Requirements for Office and Hotel Development Projects (Section 414).

Preliminary Recommendation: Approval with Conditions

 

10d.      2006.1524EKBXV                                                                    (K. GUY: (415) 558-6163)

                        350 MISSION STREET - northeast corner at Fremont Street; Lot 017 of Assessor’s Block 3710 - Request for a Variance, pursuant to Planning Code Section 155(s)(5)(A) to allow a shared parking and loading garage opening with a width of 33 feet, exceeding the maximum permitted width of 27 feet. The proposed project would demolish an existing four story building containing office space and retail uses, and construct a new 24-story, 350-foot tall building containing approximately 340,000 square feet of office uses, approximately 1,000 square feet of retail space, approximately 23,500 square feet of subterranean parking area, and approximately 12,700 square feet of publicly-accessible interior open space. The project site is located within the C-3-O (Downtown Office) District and the 550-S Height and Bulk District.  The Zoning Administrator will consider the Variance request concurrently with the Planning Commission's consideration of the other project entitlements at this same hearing.

 

11.        2010.1121T                                                                   (A. Rodgers:  (415) 558-6395)

Parking in South of Market and Mission Bay -  The Commission will consider a proposed Ordinance introduced by Supervisor Daly amending the San Francisco Planning Code by amending Sections 151, 151.1, 155, 161, 249.1, 249.23 and Part VII of Article 9 (1) to remove minimum parking requirements and establish maximum parking limits in M-1, C-M, and South of Market districts and the Folsom and Main Residential/Commercial and Fourth and Freelon Streets Special Use Districts to make them consistent with those of neighboring districts, (2) to require that non-residential and non-hotel parking in C-3 in the South of Market Mixed Use districts adjacent to Downtown maintain a fee structure which discourages long-term commuter parking, (3) to make parking controls in the Mission Bay Districts that are subject to the Planning Code consistent with requirements of neighboring districts; and adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

Recommendation: Approval with Modifications of Proposed Ordinance to Board of Supervisors.

(Continued from Regular Meeting of January 13, 2011)

 

H.         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: