San Francisco Planning Department : May 19, 2011

New Page 1

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, May 19, 2011

12:00 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 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

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 9:30 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.

12:00 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. 2010.0628C (D. Sánchez: (415) 575-9082)

2740 Mission Street - west side between 23^rd and 24th 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 March 3, 2011)

(Proposed for continuance to May 26, 2011)

2. 2009.0906CV (R. CRAWFORD: (415) 558-6358)

34-36 PLEASANT STREET - north side between Taylor and Jones Streets; Lot 020 in Assessor’s Block 0221 - Request for Variances, pursuant to Planning Code Sections 134 to modify the rear yard requirement in the Van Ness Special Use District, to allow an 11 foot deep rear yard where 15 feet is required. The project proposes to construct a two story addition to the existing two stories over garage dwelling. The addition will increase the number of dwelling units in the building from 2 to 3. The project site is located within the RM-3 (Residential Mixed, Medium Density) District, and the 65 A Height and Bulk District.

(Continued from Regular Meeting of March 10, 2011)

VARIANCE APPLICATION HAS BEEN WITHDRAWN

B. COMMISSIONERS’ QUESTIONS AND MATTERS

3. Commission Comments/Questions

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

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

C. DIRECTOR’S REPORT

4. Director’s Announcements

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

6. 2008.0762I (R. CRAWFORD: (415) 558-6358)

835-845 JACKSON STREET, CHINESE HOSPITAL - South side between Stockton and Powell Streets Lot 041, of Assessor’s Block 0192 Informational Presentation on the Draft Institutional Master Plan (IMP), pursuant to Planning Code Section 304.5. The Chinese Hospital’s IMP contains information on the nature and history of the institution, the location and use of affiliated buildings, and development plans within the CRNC (Chinatown Residential-Neighborhood Commercial) District and 65-N Height and Bulk Districts (Downtown, Retail) District. The IMP is available for viewing on the Planning Department’s website (from www.sfplanning.org click “Publications & Reports” and then “Institutional Master Plans”).

Preliminary Recommendation: Informational presentation, no action requested.

D. GENERAL PUBLIC COMMENT – 15 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

7. 2010.0937C (M. SMITH: (415) 558-6322)

259 BROAD STREET - south side between Capitol and Orizaba Avenues; Lot 052 of Assessor’s Block 7114 - Request for Conditional Use Authorization, pursuant to Planning Code Section 303, to modify the conditions of approval placed on the existing residential care facility in Motion No. 14958, Case No. 1999.644C, to allow for the construction of a one-story vertical addition that would add a dwelling unit to the existing building, located within a RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

(Continued from Regular Meeting of May 5, 2011)

NOTE: On May 5, 2011, following public testimony, the Commission closed public hearing and passed a motion of intent to disapprove by a vote of +7 -0. The item was continued to May 19, 2011 to allow the Commission to consider final action by a vote of +6 -1; Sugaya dissented.

G. REGULAR CALENDAR

8a. 2011.0063DV (J. IONIN: (415) 558-6309)

135 El Camino del Mar - south side between 25^th Avenue and the western most entrance to the Presidio; Lot 031 in Assessor’s Block 1334 - Request for Discretionary Review of Building Permit Application No. 2010.01.07.4358 proposing to legalize horizontal additions built without benefit of permit at the southeastern-most rear portion, along the east side and over the garage at the front of the single-family residence within an RH-1(D) (Residential House, One-Family, Detached), Scenic Special Sign District, and 40-X Height and Bulk District.

Preliminary Recommendation: Approved as proposed

(Continued from the Regular Meeting on May 12, 2011)

8b. 2011.0063DV (J. IONIN: (415) 558-6309)

135 El Camino del Mar - south side between 25^th Avenue and the western most entrance to the Presidio; Lot 031 in Assessor’s Block 1334 - Request for Rear Yard and Non-complying Structure Variances pursuant to Sections 134 and 188 of the Planning Code to legalize additions built without benefit of permit at the southeastern-most rear portion, along the east side and over the garage at the front of the single-family residence. A portion of the horizontal addition at the rear encroaches into the required rear yard within an RH-1(D) (Residential House, One-Family, Detached), Scenic Special Sign District, and 40-X Height and Bulk District.

(Continued from the Regular Meeting on May 12, 2011)

9. 2011.0412T (K. DeMartini: (415) 575-9118)

Fee Revisions and Adjustments - Consideration of amendments to Planning Code Article 3.5 to (1) place a cap on the initial fee amount at no more than 50% of the estimated construction cost of the project when applying for a Commission or Zoning Administrator Hearing Application (conditional use or variance, including Downtown Applications), certificate of appropriateness, or a building permit application and (2) adjust fees based on the Controller’s annual two-year average consumer price index (CPI).

10. 2011.0427T (K. DeMartini: (415) 575-9118)

Fee Revisions and Adjustments - Consideration of amendments to Administrative Code, Article IV, Section 31.22(12)(3) Basic Fees to include language that the fees are subject to the Controller’s annual adjustment based on the two-year average consumer price index (CPI) and adjust fees based on this CPI rate.

11. 2010.0321C (S. YOUNG: (415) 558-6346)

1765 WALLER STREET - south side between Stanyan and Shrader Streets; Lot 028 in Assessor’s Block 1250 - Request for Conditional Use Authorization under Sections 121.2 and 303 of the Planning Code to allow a use size that exceeds 2,499 square feet of floor area on the ground floor of a two-story, mixed-use building within the Haight Street Neighborhood Commercial District, Haight Street Alcohol Restricted Use Subdistrict and 40-X Height and Bulk District. The residential off-street parking space has been converted to retail commercial space that is used in conjunction with the authorized commercial space at the rear of the ground floor. The expanded commercial space contains 2,870 square feet of floor area.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of March 10, 2011)

12. 2010.1028C (T. Wang: (415) 558-6335)

4124 MISSION STREET - northwest side between Admiral Avenue and Trumbull Street; Lot 001 in Assessor’s Block 6804 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 711.54 and 790.60 to convert a vacant ground floor commercial space into a massage establishment (dba Miracle Chi Gone Massage) within the NC-2 (Small-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

13. 2011.0255C (K. Durandet: (415) 575-6816)

995 VALENCIA STREET - northeast corner at 21^st Street, Lot 026 of Assessor’s Block 3609 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 726.41 to add a bar to an existing full-service restaurant (d.b.a. Dosa Restaurant) within the Valencia Street NCT (Neighborhood Commercial Transit) District, and a 55-X Height and Bulk District - If granted, the Conditional Use Authorization would allow the applicant to seek a Type 47 License from the California Department of Alcoholic Beverage Control. This license would permit the sale of beer, wine, and distilled spirits for on-site consumption in association with the restaurant. The size of the restaurant would not change.

Preliminary Recommendation: Approval with Conditions

14. 2011.0081D (K. DURANDET: (415) 575-6816)

3367 21^ST STREET - south side between Valencia and Guerrero Streets; Lot 069 in Assessor’s Block 3617 - Request for Discretionary Review of Building Permit Application No. 2010.1216.6852, proposing to comply with the Notice of Violation No. 201056869 issued by the Department of Building Inspection. The subject property is an existing two-unit residential building within the RH-3 (Residential, House, Three-Family) Zoning District and 40-X Height and Bulk District.

Staff Analysis: Abbreviated Discretionary Review

Preliminary Recommendation: Do not take Discretionary Review and approve.

15. 2009.0906C (R. CRAWFORD: (415) 558-6358)

34-36 PLEASANT STREET - north side between Taylor and Jones Streets; Lot 020 in Assessor’s Block 0221 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 253 and 303 to allow the construction of a two story addition to the existing two stories over garage dwelling. The addition will increase height of the building to approximately 49 feet 9 inches and increase the number of dwelling units in the building from 2 to 3. The project site is located within the RM-3 (Residential Mixed, Medium Density) District, and the 65-A Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

16. 2011.0182B (R. CRAWFORD: (415) 558-6358)

555 MISSON STREET - south side between First and Second Streets; Lot 120 of Assessor’s Block 3721 - Request for Modification of Project Authorization pursuant to the Office Development Limit program under Planning Code Section 322(e) to modify the motion of approval in case Number 2001.0798B, Planning Commission Motion 16302 to eliminate a condition of approval requiring that 2,200 square feet of ground floor assembly space and 3,700 square feet of office space above the ground floor be leased to nonprofit organizations at below market rates within the C-3-O, Downtown Office District, and 500-S Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

17a. 2010.0162DDV (R. CRAWFORD: (415) 558-6358)

1945 HYDE STREET - west side at Russell Street; Lot 002 in Assessor's Block 0123 - Requests for Discretionary Review of Building Permit Application No. 2010 0517 2557 proposing to convert a 58 stall parking garage to a mixed use building with 7 dwelling units, 14 parking spaces and a commercial unit. The project will add a one-story vertical addition to the top of the building that will be setback 12 feet from the front wall and 10 feet from the rear property line within the NC-1 (Neighborhood Commercial Cluster) Zoning District and 40-X Height and Bulk District.

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Do not take Discretionary Review and approve

(Continued from Regular Meeting of March 10, 2011)

17b. 2010.0162DDV (R. CRAWFORD: (415) 558-6358)

1945 HYDE STREET - west side at Russell Street; Lot 002 in Assessor's Block 0123 - Request for Variance, pursuant to Planning Code Section 134 to modify the rear yard requirement in the NC-1 District. The project proposes to convert a 58 stall parking garage to a mixed use building with 7 dwelling units, 14 parking spaces and a commercial unit. The project will add a one-story vertical addition to the top of the building that will be setback 10 feet from the rear property line where a setback of 25 feet is required within the NC-1 (Neighborhood Commercial Cluster) Zoning District and 40-X Height and Bulk District.

(Continued from Regular Meeting of March 10, 2011)

18a. 2009.0683D (S. HAYWARD: (415) 558-6372)

309-11 Eureka Street - east side between 20^th and 21^st Streets; Lot 035 in Assessor’s Block 2750 - Mandatory Discretionary Review, pursuant to Planning Code Section 317(d), of Building Permit Application No. 2009.05.04.7631, proposing to demolish a two-family building and Building Permit Application No. 2009.05.04.7636 proposing to construct a new three-story-over-garage, two-unit building within the RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District. A separate request for Discretionary Review has also been filed by a member of the public against the replacement project.

Preliminary Recommendation: Do not take Discretionary Review and approve the demolition.

18b. 2009.0685D (S. HAYWARD: (415) 558-6372)

Preliminary Recommendation: Do not take Discretionary Review and approve the new construction, as proposed.

18c. 2010.0577DD (S. HAYWARD: (415) 558-6372)

309-11 Eureka Street - east side between 20^th and 21^st Streets; Lot 035 in Assessor’s Block 2750 - Publicly Filed Discretionary Review, of Building Permit Application 2009.05.04.7636 proposing to construct a new three-story-over-garage, two-unit building within the RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the new construction, as proposed.

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

Last updated: 5/13/2011 3:58:28 PM