May 26, 2011

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, May 26, 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 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.         2010.0182UT                                                                      (E. LOVEJOY: (415) 575-9026)

Standards for Bird-Safe Buildings - The Planning Commission will consider two items: 1) a draft policy document titled "Standards for Bird-Safe Buildings" and 2) a proposed Ordinance that would amend the Planning Code to implement the proposed policy document. The actions are intended to a) reduce building-related hazards for San Francisco’s resident and migrant bird species; b) establish consistent building standards for creating bird-safe buildings; and c) provide certain exemptions from these requirements. The proposed Ordinance would amend the Planning Code to create a new Section, 139 Bird-Safe Building Standards; and would amend other sections, including Section 145.1; 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.

Preliminary Recommendation: Approve a draft Resolution recommending approval of amendments to the Planning Code and adopting a Commission policy document titled "Standards for Bird-Safe Buildings".

                        (Proposed for Continuance to July 14, 2011)

 

2.         2011.0051C                                                                        (M. Woods:  (415) 558-6315)

2429 CALIFORNIA STREET - south side between Fillmore and Steiner Streets; Lot 001F in Assessor’s Block 0654 - Request for Conditional Use Authorization to allow a “financial service” use (d.b.a. “Chase Bank”) and a use size greater than 2,500 square feet pursuant to Sections 121.2, 303(c), 718.21 and 718.49 of the Planning Code, in the Upper Fillmore Street Neighborhood Commercial District and a 40-X Height and Bulk District. 

Preliminary Recommendation:    Pending

(Proposed for Continuance to July 28, 2011)

 

3.         2010.0517C                                                                               (S.Lai:  (415) 575.9087)

3672-3674 18^TH STREET - north side, between Dolores and Guerrero Streets, Lot 025 in Assessor’s Block 3578 – Request for Conditional Use Authorization under Planning Code Sections 161 and 303, to expand the existing full service restaurant (d.b.a. “18 Reasons”) by reducing the existing required parking within the NC-1 (Neighborhood Commercial, Cluster) and a 40-X Height and Bulk District.

Due to recent legislative changes, this item no longer requires a Conditional Use Authorization.

 

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.         2011.0009C                                                                        (A. PUTRA:  (415) 575-9079)

170 WEST PORTAL AVENUE - west side between 14^th Avenue and Vicente Streets, Lot 006 in Assessor’s Block 2988A - Request for Conditional Use Authorization, pursuant to Planning Code Sections 729.42, and 303 to allow a full-service restaurant (d.b.a. Sweet Orchid) in the West Portal Avenue Neighborhood Commercial Zoning District, and a 26-X Height and Bulk District. 

Preliminary Recommendation:    Approval with Conditions

 

5.         2011.0228C                                                                (R. Crawford: (415) 558-6358)

55 PAGE STREET - south side between Franklin and Gough Streets; Lots 013, 014, 015, 016, 021, 022, 029, 035, 036, 040, 051, 053, 061, 068, 080, 098, 105 (formerly lots 007 and 008) in Assessor’s Block 0854 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, and 415 to modify conditions of approval placed on the existing building in Motion No. 14975, Case No. 97.522C, to allow 17 Below Market Rate housing units to be changed from rental to ownership, within the NCT-3 (Moderate-Scale Neighborhood Commercial Transit) District and 85-X Height and Bulk District. 

Preliminary Recommendation:  Approval with Conditions

 

6.         2010.1135C                                                                                (S.Lai:  (415) 575.9087)

1404 TARAVAL STREET - north side, between 24^th and 25^th Avenues, Lot 008 in Assessor’s Block 2353 - Request for Conditional Use Authorization under Planning Code Sections 303, 711.44 and 790.91, to establish a new small self-service restaurant (d.b.a. “The Dog Pit”) in the existing vacant ground floor commercial space within the Taraval Street RUSD (Restaurant and fast-food Sub-district) and NC-2 (Neighborhood Commercial, Small-Scale) and a 65-A 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.

 

7.         Consideration of Adoption:

·         Draft minutes from Special Meeting of April 21, 2011

·         Draft minutes from Regular Meeting of April 28, 2011

 

8.         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

 

9.         Director’s Announcements

           

10.        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.         REGULAR CALENDAR 

 

11.        2011.0172T                                                                         (A. STARR: (415) 558-6362)

The Commission will consider an Ordinance introduced by Supervisor Mirkarimi concerning self-service restaurants, retail coffee stores, and video stores as well as additional recommendations by Planning staff to consolidate existing restaurant definitions and controls.  Specifically, the proposed Ordinance would  amend the San Francisco Planning Code by amending Sections 710, 730, 733A, 733A.1, 790.90, 790.91, and 790.102 of the Planning Code to: (1) increase the maximum use size for Small Self-Service Restaurants in Neighborhood Commercial Districts to that of the non-residential use size limit for the district and eliminate the limit on the number of seats; (2) increase the minimum size for Large Self-Service Restaurants in Neighborhood Commercial Districts to that of the non-residential use size limit for the district; (3) principally permit Small Self-Service Restaurants and Video Stores in Neighborhood Commercial Cluster (NC-1) and Neighborhood Commercial Transit Cluster (NCT-1) Districts; (4) conditionally permit Large Self-Service Restaurants in the Inner Sunset Neighborhood Commercial District; (5) require that mechanical noise and vibration from Self-Service Restaurants be confined to the premises; and (6) remove the prohibition of on-site food preparation and cooking and reheating equipment in Retail Coffee Stores; 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.

                        (Continued from Regular Meeting of May 5. 2011)

 

12.        2011.0093D                                                                           (A. STARR: (415) 558-6362)

2350 BROADWAY - north side between Steiner and Fillmore Streets; Lot 007 in Assessor’s Block 0563 - Request for Discretionary Review of Building Permit Application No. 2010.10.08.2625, proposing to construct a two-story horizontal addition at the rear of a four-story-over-basement, one-unit residential building within the RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District.

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Do not take Discretionary Review and approve

           

13.        2004.0891E                                                                         (J. BATTIS: (415) 575-9022)

                        899 VALENCIA STREET - Appeal of Preliminary Mitigated Negative Declaration - The proposed project would demolish the existing service station, now used for surface parking, and would construct an approximately 50,000-square-foot (sq-ft), five-story, 52 1/3-foot-high residential building containing 18 3-bedroom dwelling units, with 7,100 sq ft of ground-floor retail space. The proposed building would have a below-grade parking garage accessible from 20^th Street with 14 residential and four retail off-street parking spaces. The 10,925-sq ft project site (Assessor’s Block 3596, Lot 113) is within the Valencia Street Neighborhood Commercial Transit (NCT) zoning district and a 55-X height and bulk district on the block bounded by Valencia Street to the west, 19^th Street to the north, Mission Street to the west, and 20^th Street to the south, at the northeast corner of Valencia and 20th Streets in the Mission District neighborhood. The proposed project would require a conditional use authorization for development of a parcel exceeding 10,000 sq ft, for a non-residential use in excess of 3,000 sq ft, and to allow for permanent conversion of a service station to a new use.

Preliminary Recommendation: Uphold the Preliminary Mitigated Negative Declaration.

(Continued from the Regular Meeting of April 7, 2011)

 

14a.      2004.0891CK                                                                             (B. FU: (415) 558-6613)

899 VALENCIA STREET, northeast corner of the intersection of Valencia and 20th Streets, Lot 113 in Assessor’s Block 3596 — Request for Conditional Use (CU) authorization under Planning Code Sections 134, 151.1, 175.6(e), 228.3, 303, 726.11 and 726.21,  to allow the demolition of a service station and new construction of a  five-story residential building approximately 52 feet in height, containing 18 dwelling units, 18 below-grade parking spaces and ground-floor retail space utilizing its  Eastern Neighborhoods Pipeline status per Planning Code Section 175.6(e) to elect to conform to the controls under the former Valencia Street Neighborhood Commercial (NC) Zoning District and the 50-X Height and Bulk District, while conforming to Articles 1, 1.2, 1.5 and 2.5, as amended by the Eastern Neighborhoods Controls, or requesting Conditional Use authorization to seek relief from those amended Articles.  The project site is in the Valencia Neighborhood Commercial Transit (NCT) Zoning District and a 55-X Height and Bulk District.  A request to approve findings regarding shadow impacts to a public park (Mission Playground) is also proposed.

Preliminary Recommendation: Approval with Conditions.

 

14b.      2004.0891CK                                                                             (B. Fu: (415) 558-6613)

899 VALENCIA STREET, northeast corner of the intersection of Valencia and 20th Streets, Lot 113 in Assessor’s Block 3596 —to consider, with a recommendation from the General Manager of the Recreation and Parks Department in consultation with the Recreation and Parks Commission, whether the shading or shadowing on a public park (Mission Playground) from the proposed project will be significant or adverse, pursuant to Planning Code Section 295 (The Sunlight Ordinance).  The project proposes the demolition of a service station and new construction of a  five-story residential building approximately 52 feet in height, containing 18 dwelling units, 18 below-grade parking spaces and ground-floor retail space.  The project site is in the Valencia Neighborhood Commercial Transit (NCT) Zoning District and a 55-X Height and Bulk District.

Preliminary Recommendation: Adoption of the Motion finding that net new shadow from the project is not adverse.

 

15.        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 May 19, 2011)

 

16.        2010.0872C                                                                    (A. HOLLISTER:  (415) 575-9078)

897 Hyde Street - southwest corner of Hyde and Bush Streets, Lot 001 in Assessor’s Block 0279 – Request for Conditional Use Authorization under Planning Code Sections 209.6(c) and 303 for a proposed wireless telecommunications service facility operated by AT&T Mobility.  The facility would consist of nine penthouse-mounted antennas and equipment located in an internal room.  The facility is proposed on a Location Preference 4 Site (Preferred Location - Industrial/Commercial Site) within the RC-4 (Residential-Commercial Combined, High Density) Use District and an 80-A Height and Bulk District.

Preliminary Recommendation:  Approval with Conditions

 

17.        2010.0987C                                                                      (S. VELLVE:  (415) 558–6263)

2055 LOMBARD STREET - south side between Fillmore and Webster Streets; Lot 009 in Assessor’s Block 0509 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 234.2(a) and 303, to allow AT&T Mobility to locate up to nine (9) WTS panel antennas and related equipment on an existing elevator penthouse located on the top floor of the four–story building containing ground–floor commercial space and commercial parking, within a P (Public) District and 40–X Height and Bulk District.

Preliminary Recommendation:    Approval with Conditions

 

G.         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: