July 21, 2011

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, July 21, 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.            CLOSED SESSION:

 

1.         Public Comments on Matters to be discussed in Closed Session.

 

2.         Consider Adoption of Motion on Whether to Assert the Attorney-Client Privilege Regarding the Matters Listed Below as Conference With Legal Counsel. (San Francisco Administrative Code Section 67.10(d).) 

 

THE PLANNING COMMISSION WILL GO INTO CLOSED SESSION TO DISCUSS THE FOLLOWING:

 

3.         Conference with Legal Counsel - Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d) to discuss pending litigation and consideration of pursuing settlement in Metro Fuel LLC v. City and County of San Francisco et al., United States District Court Case No. C07-6067 PJH, which was filed November 30, 2007; Metro Fuel also filed a notice of appeal on April 19, 2011, which is pending before the United States Ninth Circuit Court of Appeals, Case No. 11-15966; and to discuss potential litigation against Metro Fuel LLC, with the City as plaintiff pursuant to California Government Code Section 54956.9(c) and San Francisco Administrative Code Section 67.10(d).   (Kate Stacy and Tom Lakritz)

 

FOLLOWING THE CLOSED SESSION, THE PLANNING COMMISSION WILL RECONVENE IN OPEN SESSION.

 

4.         The Planning Commission will make an announcement following Closed Session and will consider a motion regarding whether to disclose the discussions during Closed Session.

 

 

B.            COMMISSIONERS’ QUESTIONS AND MATTERS

 

Adoption of Commission Minutes – Charter Section 4.104 requires all commissioners to vote yes or no on all matters unless that commissioner is excused by a vote of the Commission.  Commissioners may not be automatically excluded from a vote on the minutes because they did not attend the meeting.

 

5.         Consideration of Adoption:

 

·         Draft Minutes of Regular Meeting of July 7, 2011

 

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.

 

C.         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.

 

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.            REGULAR CALENDAR 

 

            9.                                                                                                 (J. RAHAIM; (415) 558-6411)

            PLANNING COMMISSION RESPONSE TO GRAND JURY REPORT ON PARKMERCED - The San Francisco Civil Grand Jury issued a report on May 17, 2011 regarding the Parkmerced project containing a number of findings and recommendations. The Planning Commission is required to respond within 60 days to each finding and recommendation. In coordination with the Office of Workforce and Economic Development and the City Attorney's office, staff has drafted a response letter for the Commission's review.

Preliminary Recommendation: Approve the draft response letter to the Grand Jury

 

10.        2011.0559TZ                                                                    (S. WERTHEIM: (415) 558-6612)

DEPARTMENT-SPONSORED PLANNING CODE, ADMINISTRATIVE CODE, AND ZONING MAP AMENDMENTS RELATED TO EASTERN NEIGHBORHOODS - The Planning Commission will consider a Resolution to approve amendments to the Planning Code, Administrative Code, and Zoning Map. The amendments are intended to a) improve the City’s ability to implement the goals, objectives, and policies of the Eastern Neighborhoods Plan, b) make technical corrections to the Code, c) update land use tables in the Eastern Neighborhoods, d) clarify language for affordable housing tiers and the use of historic buildings in the UMU District, e) clarify permitted modifications for Large Project Authorizations in the Eastern Neighborhoods. Planning Code sections proposed for amendment include Sections 102.5, 121.8, 134, 135, 140, 145.1, 145.5, 151.1, 157.1, 175.8, 207.1, 218, 227, 231A, 249.36, 249.37, 249.38, 329, 352, 401, 411.3, 419.2, 419.5, 423.5, 607.2, 726, 734.1,  735.1, 736.1, 781.5, 803.3, 803.8, 803.9, 814.31, 814.49, 840, 841, 842, 843, 890.49, and 890.54.

Preliminary Recommendation: Approval of proposed Ordinance to the Board of Supervisors.

 

            11a.      2010.0501D                                                                  (G. CABREROS: (415) 558-6169)

3020 LAGUNA STREET - east side between Greenwich Street and Harris Place; Lot 029 in Assessor’s Block 0519 - Mandatory Discretionary Review, pursuant to Planning Code Section 317(d), of Demolition Permit Application No. 2010.09.27.1660, proposing to demolish a two-story, single-family residence within the RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District.

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Do not take Discretionary Review and approve

 

            11b.      2011.0541D                                                                  (G. CABREROS: (415) 558-6169)

3020 LAGUNA STREET - east side between Greenwich Street and Harris Place; Lot 029 in Assessor’s Block 0519  - Mandatory Discretionary Review, pursuant to Planning Code Section 317(d), of Building Permit Application No. 2010.09.27.1661, proposing to construct a new four-story, two-unit residential building within the RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District.

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Do not take Discretionary Review and approve

 

            11c.      2011.0541V                                                                  (G. CABREROS: (415) 558-6169)

3020 LAGUNA STREET - east side between Greenwich Street and Harris Place; Lot 029 in Assessor’s Block 0519 - Request for variances from the front setback, rear yard and dwelling unit exposure requirements, pursuant to Planning Code Sections 130, 134, 140 and 305, to allow new construction of a four-story, two-unit residential building within the RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District.

 

            12.        2008.1342D                                                                                    (S. LAI: (415) 575-9087)

197 LAIDLEY STREET - northeast corner of Laidley and Fairmount Streets; Lot 012 in Assessor’s Block 6664 - Request for Discretionary Review of Building Permit Application No. 2008.12.11.8300, proposing to raise the height of the existing single-family home by 4 feet, 6 inches, to eliminate one off-street parking space and to construct a new roof deck at the rear.  This project necessitates a front-setback variance, which was heard on March 23, 2011, and will be continued to a future hearing. The property is located in a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District.

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Do not take Discretionary Review and approve

 

3:00 P.M.

 

            13.        2007.0030E                                                                       (N. TURRELL: (415) 575-9047)

8 WASHINGTON STREET -  north side of Washington Street between The Embarcadero and Drumm Street; Assessor’s Block 168/Lot 58, Block 171/69, Block 201/Lot 12 and Seawall Lot 351, which includes Lot 13. - Public Hearing on the Draft Environmental Impact Report. The proposed project would include demolition of the existing health club facility, and the existing surface parking lot on Seawall Lot 351, and construction of two residential buildings south of the Jackson Street alignment that would contain approximately 165 residential units and range in height from 4 to 12 stories.  The residential buildings, underground parking for up to 420 parking spaces, retail and restaurant use, fitness center, common areas and service/core space would encompass approximately 575,000 gross square feet of space.  The project site is in the RC-4 (Residential/Commercial Combined: High Density) use district and the 84-E height and bulk district.

NOTE: Written comments will be accepted at the Planning Department until 5:00 p.m. on August 15, 2011.

Preliminary Recommendation: No Action Required

                       

F.         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: