March 3, 2011

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, March 3, 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.

 

1a.        2010.0367DDV

54-62 Peralta Street - Requests for Discretionary Review for Building Permit Application Nos. 2009.1231.4050 and 2009.1231.4052 proposing to construct two new three-story, two-family dwellings on two adjacent down-sloping lots, in a RH-2 (Residential, Two-Family House) District and a 40-X Height and Bulk District, and within the Bernal Heights Special Use District.          

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Not Take Discretionary Review and approve as proposed.         

(Proposed for Continuance to March 17, 2011)

 

1b.        2010.0367DDV

54-62 Peralta Street - Request for off-street parking Variance pursuant to Planning Code Section 242(e)(4) for the proposed construction of two new three-story, two-family dwellings on two adjacent down-sloping lots, in a RH-2 (Residential, Two-Family House) District and a 40-X Height and Bulk District, and within the Bernal Heights Special Use District.

                        (Proposed for Continuance to March 17, 2011)

 

                2.            2011.0105T                                                                 (K. DISCHINGER: (415) 558-6284)

Amending Planning Code Inclusionary Housing controls to Add New Alternative in Market and Octavia Plan Area  [BOS FILE NO. 11-0085] - Hearing of a proposed Ordinance that would amend the San Francisco Planning Code by amending Section 415.5 to provide for a new land dedication alternative in the Market and Octavia Plan Area in lieu of payment of the Affordable Housing Fee; and adding Section 415.10 to provide for the requirements of such land dedication; and making various findings including environmental findings, Planning Code Section 101 and 302 findings, and General Plan consistency findings.  The Commission will consider the proposed Ordinance, introduced by Supervisor Dufty, which would amend the Planning Code as described with additional modifications as recommended by the Planning Department.

                        Preliminary Recommendation: Approval with Modifications

                        (Proposed for Continuance to May 5, 2011)

 

3.                                                                                                  (L. AVERY:  (415) 558-6407)

            COMMISSION’S RULES & REGULATIONS – The Planning Commission will hold a public hearing to discuss and consider amending its Rules and Regulations that could include, but is not limited to, establishing parameters for the length of its public hearings; consider amendments to the public’s requests for blocks of time; and consider possible amendments for the submitting of documents.

                        (Proposed for Continuance to March 17, 2011)

 

 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

 

4.         2011.0010C                                                                     (E. JACKSON: (415) 558-6363)

1493 VALENCIA STREET - east side between 25^th and 26^th Streets; Lot 043 in Assessor’s Block 6530 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 726.1, and 790.60, to convert the ground floor of an existing building to a new massage establishment, within the Valencia Street Neighborhood Commercial Transit District (Valencia NCT) and a 55-X Height and Bulk District.  The project proposes a new foot massage business (dba Relax Feet Massage) in a 1,000 square foot commercial space on the ground floor.

Preliminary Recommendation: Approval with Conditions

 

5.         2011.0021U                                                                   (T. Sullivan: (415) 558-6257)

2011 Large Tourist Hotel Annual Inventory - Section 41F.3(g) of the Administrative Code requires that an annual inventory of the number of rooms commercially available for rent as of March 1, 2011 in Large Tourist Hotels (hotels with over 100 rooms) be adopted by the Planning Commission. The Commission adopted a Baseline Inventory in Resolution No. 17822 on February 5, 2009. The Administrative Code further requires that an annual inventory of the number of Tourist Hotel Rooms commercially available for rent be updated each year thereafter. This hearing is for the Commission to consider adoption of the 2011 Annual Inventory to update the Baseline Inventory.  More information is available at http://www.sfgov.org/site/planning_index.asp?id=81515.

Preliminary Recommendation: Adoption of Baseline Inventory.

 

C.         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.

 

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.

 

E.         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.

 

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

 

9a.        2009.0175C                                                                            (A. Starr: (415) 558-6362)          

5495 CALIFORNIA STREET & 214-216  17^th AVENUE - southeast corner of California Street and 17^th Avenue; Lot 031 in Assessor’s Block 1417 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 317, 710.11 and 710.39 to allow the demolition of a 2-story, 2-unit building and the construction of a 4-story, 3-unit building and to allow the development of a lot greater than 4,999 sq. ft. in area within the Neighborhood Commercial – Cluster District (NC-1) and 40-X Height and Bulk District. The project also includes demolishing a rear portion of the commercial buildings on the corner of California Street and 17th Avenue, subdividing the 5,088 sq. ft. subject lot into two lots, and constructing a vertical addition (that will contain one residential unit) above the existing commercial building.

Preliminary Recommendation: Approval with Conditions

                        (Continued from Regular Meeting of January 27, 2011)

NOTE: On January 27, 2011, following public testimony, the Commission continued the matter to 3/3/11 by a vote of (+5 -0), directing the project sponsor to work with Department staff to refine the project's design.  Fong was absent; Antonini was recused. 

 

      9b.        2009.0175CV                                                                          (A. Starr: (415) 558-6362)          

5495 CALIFORNIA STREET & 214-216 – 17^th AVENUE - southeast corner of California Street and 17^th Avenue; Lot 031 in Assessor’s Block 1417 - Request for Rear Yard and Active Street Frontage Variances pursuant to Section 134, 710.12 and 145.1 of the Planning Code for the construction of a 4-story, 3-unit building and constructing a vertical addition (that will contain one residential unit) above the existing commercial building within the Neighborhood Commercial – Cluster District (NC-1) and 40-X Height and Bulk District. The project also includes the demolition of a 2-story, 2-unit building, the demolition of a rear portion of the commercial buildings on the corner of California Street and 17^th Avenue, and subdividing the 5,088 sq. ft. subject lot into two lots.

                                (Continued from Regular Meeting of January 27, 2011)

NOTE: The Zoning Administrator closed the public hearing on the related Variance request and continued the item to March 3, 2011.

 

H.                  REGULAR CALENDAR 

 

10.        2011.0046T                                                                     (A. RODGERS: (415) 558-6395)           

Amending Planning Code CONTROLS for the NC-3 District of Fillmore Street between Bush and McAllister Streets  [BOS FILE NO. 11-0010] - Hearing of a proposed Ordinance that would amend the San Francisco Planning Code by amending Section 145.4 of the Code to require active ground-floor commercial uses in properties fronting on Fillmore Street between Bush and McAllister Streets in the NC-3 District; and making various findings including environmental findings, Planning Code Section 101 and 302 findings, and General Plan consistency findings.  The Commission will consider the proposed Ordinance, introduced by Supervisor Mirkarimi, which would amend the Planning Code as described with additional modifications as recommended by the Planning Department.

                        Preliminary Recommendation: Approval with Modifications

 

                11.        2010.0628C                                                                   (D. Sánchez:  (415) 575-9082)

2740 Mission Street - west side between 23^rd and 24^th Streets, Lot 005 in Assessor’s Block 3643 - Request for Conditional Use Authorization under Planning Code Sections 703.4, 736.24 and 303 to establish a full service restaurant (dba Pollo Campero) identified as a formula retail use with an outdoor activity area not contiguous to the front property line within the Mission Street Neighborhood Commercial Transit District with a 80-B Height and Bulk designation.

Preliminary Recommendation: Approval with Conditions

                        (Continued from Regular Meeting of February 17, 2011)

                       

12.        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: Take Discretionary Review and Approve with                                                modifications

                        (Continued from Regular Meeting of December 16, 2010)

 

13.        2011.0100D                                                                         (M. SMITH: (415) 558-6322)

422 DAY STREET - north side between Castro and Noe Streets; Lot 009 in Assessor's Block 6630 - Staff Initiated Request for Discretionary Review of Building Permit Application No. 2010.09.14.0807 proposing to construct a one-story vertical addition to the existing two-story, single-family dwelling resulting in a three-story, single-family dwelling in an RH-1 (Residential House, One-Family) District and a 40-X Height and Bulk District.

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Take Discretionary Review and approve with modifications.

               

5:00 P.M

           

14a.      2007.0903                                                                                (K. GUY: (415) 558-6163)

TREASURE ISLAND/YERBA BUENA ISLAND REDEVELOPMENT PROJECT - INFORMATIONAL ONLY; Lots 001 and 002 in Assessor's Block 1939 - Informational  presentation to provide an overview regarding the Treasure Island/Yerba Buena Island Redevelopment Project and associated components including: (1) Parks and Open Space Plan, (2) Sustainability Plan, (3) Infrastructure Plan, and (4) Financing Plan. The project proposes approximately 8,000 dwelling units, 140,000 square feet of retail uses, 100,000 square feet on commercial office space, 500 hotel rooms, 300 acres of open space, and various public services, civic, and institutional uses.

Preliminary Recommendation: Informational Presentation Only

 

14b.      2007.0903MTZ                                                                          (K. GUY: (415) 558-6163)

TREASURE ISLAND/YERBA BUENA ISLAND REDEVELOPMENT PROJECT - Lots 001 and 002 in Assessor's Block 1939; Request to Initiate Amendments to the General Plan, in order to incorporate into the General Plan policies and figures that facilitate the development of the Treasure Island/Yerba Buena Island Redevelopment Project, including the Commerce and Industry Element, Community Facilities Element, Community Safety Element, Housing Element,  Recreation and Open Space Element, Transportation Element, Urban Design Element, and Land Use Index, and maps and figures in various elements. The Treasure Island/Yerba Buena Island Redevelopment Project proposes approximately 8,000 dwelling units, 140,000 square feet of retail uses, 100,000 square feet on commercial office space, 500 hotel rooms, 300 acres of open space, and various public services, civic, and institutional uses.

Preliminary Recommendation: Approve Resolution to Initiate

 

14c.      2007.0903MTZ                                                             (K. GUY: (415) 558-6163)

TREASURE ISLAND/YERBA BUENA ISLAND REDEVELOPMENT PROJECT - Lots 001 and 002 in Assessor's Block 1939; Request to Initiate Amendments to the Planning Code, to amend Section 105 relating to height and bulk limits for Treasure Island and Yerba Buena Island, establish the Treasure Island/Yerba Buena Island Special Use District, establish the "TI" Height and Bulk District, including special height provisions for the Treasure Island/Yerba Buena Island Special Use District and the "TI" Height and Bulk District, and amend the bulk limits table associated with Section 270 to recognize this district. These amendments are related to the Treasure Island/Yerba Buena Island Redevelopment Project, which proposes approximately 8,000 dwelling units, 140,000 square feet of retail uses, 100,000 square feet on commercial office space, 500 hotel rooms, 300 acres of open space, and various public services, civic, and institutional uses.

Preliminary Recommendation: Approve Resolution to Initiate

 

14d.      2007.0903MTZ                                                                          (K. GUY: (415) 558-6163)

TREASURE ISLAND/YERBA BUENA ISLAND REDEVELOPMENT PROJECT - Lots 001 and 002 in Assessor's Block 1939; Request to Initiate Amendments to the Zoning Map, to show the zoning designations of Treasure Island and Yerba Buena Island, establish the "TI" Height and Bulk District for Treasure Island and Yerba Buena Island, and establish the Treasure Island/Yerba Buena Island Special Use District add new Sectional Map SU14 to establish the Treasure Island/Yerba Buena Island Special Use District. These amendments are related to the Treasure Island/Yerba Buena Island Redevelopment Project, which proposes approximately 8,000 dwelling units, 140,000 square feet of retail uses, 100,000 square feet on commercial office space, 500 hotel rooms, 300 acres of open space, and various public services, civic, and institutional uses.

Preliminary Recommendation: Approve Resolution to Initiate

 

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: