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SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, August 4, 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

Or

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.         2011.0101C                                                                   (D. Sánchez: (415) 575-9082)

405 VALENCIA STREET - southeast corner of 15th Street, Lot 029 in Assessor’s Block 3554 - Request for Conditional Use Authorization under Planning Code Sections 726.83 and 303 to install a wireless transmission facility consisting of three panel antennas on an existing mixed use building with a preference location number 2 (preferred location) within the Valencia Street Neighborhood Commercial Transit District and a 55-X Height and Bulk District.

            Preliminary Recommendation: Approval with Conditions

            (Proposed for Continuance to September 15, 2011)

 

2.         2010.0094X                                                                               (B. FU: (415) 558-6613)

740 ILLINOIS & 2121 3rd STREETS - through lot bounded by 3rd, Illinois, 18th and 19th Streets, Lots 002 and 006 in Assessor’s Block 4045 - Request under Planning Code Section 329 for Large Project Authorization and exceptions for rear yard, dwelling unit exposure and ground floor active uses for the proposed construction of a six-story, 104-unit residential building with off-street parking for up to 78 spaces.  The subject property is located within the UMU (Urban Mixed Use) District with a 68-X Height and Bulk Designation.

                (Proposed for Continuance to September 15, 2011)

 

3.         2011.0172T                                                                         (A. STARR: (415) 558-6362)

Proposed Changes to Restaurant, Video Stores, and Related Land Use Controls.  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.

            Preliminary Recommendation: Adoption

                        (Continued from Regular Meeting of May 26, 2011)

                        (Proposed for Continuance to October 6, 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.         2011.0026C                                                                 (R. Crawford: (415) 558-6358)

2238 POLK STREET - east side between Green and Vallejo Streets; Lot 015 in Assessor’s Block 0549 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 121.2, 723.21 and 723.42 to develop a full service restaurant exceeding 1,999 square feet in area.  The proposal would develop a 2,190 square foot full service restaurant, (d.b.a. Gioia Pizzaria) in vacant commercial spaces formerly occupied by a hair salon and a health food store at 2238 Polk Street within the Polk Street Neighborhood Commercial District and 65-A Height and Bulk District.

            Preliminary Recommendation: Approval with Conditions

 

5.         2011.0543C                                                                (C. Lamorena:  (415) 575-9085)

1244 9th AVENUE -   east side between Lincoln Way and Irving Street; Lot 028 in Assessor’s Block 1742 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 730.51, to convert vacant commercial space previously occupied by an insurance office (d.b.a. Stewart Title Guaranty Company) into a medical service use as a pediatric dental and orthodontic office (d.b.a. Park Smile Children’s Dentistry and Orthodontics) on the ground floor of a two-story mixed-use building within the Inner Sunset Neighborhood Commercial Zoning District and 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

6.         2011.0513C                                                                (C. Lamorena:  (415) 575-9085)

3150 GEARY BOULEVARD - northeast corner of Geary Boulevard and Spruce Street; Lot 067 in Assessor’s Block 1066 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 703.3, to establish a formula retail use (a flooring store d.b.a. Lumber Liquidators) in a vacant commercial space of approximately 1,800 square feet on the ground floor of a four-story mixed-use building within the NC-3 (Neighborhood Commercial, Moderate-Scale) Zoning District and 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

7.         2011.0253C                                                                   (D. Sánchez: (415) 575-9082)

555 MINNA STREET - south side between Russ and 7th Streets, Lot 092 in Assessor’s Block 3726 - Request for Conditional Use Authorization under Planning Code Sections 813.21 and 303 to demolish an existing 2,000 square foot vacant building and establish a Social Service Use (d.b.a. South of Market Health Center) within the one story replacement structure within the Residential Enclave District and a 45-X Height and Bulk District.

            Preliminary Recommendation: Approval with Conditions

 

8.         2010.0978C                                                                      (D. Sánchez: (415) 575-9082)

804 BRYANT STREET - northwest corner of 6th and Bryant Streets, Lot 011 in Assessor’s Block 3759 - Request for Conditional Use Authorization under Planning Code Sections 817.73 and 303 to install a wireless transmission facility consisting of nine panel antennas on an existing commercial building with a preference location number 4 (preferred location) within the Service/Light Industrial District and a 30-X Height and Bulk District.

            Preliminary Recommendation: Approval with Conditions

 

9a.        2011.0325CV                                                                             (B. FU: (415) 558-6613)

144 KING STREET - north side between 2nd and 3rd Streets, Lot 024 in Assessor’s Block 3794 - Request under Planning Code Sections 303 and 216(b)(i) for authorization to extend approval for a proposed project for three additional years.  The project, approved under Motion No. 17094, is demolition of an existing one-story warehouse building and construction of an 11-story, 130-room hotel with no off-street parking.  The proposed extension would be to September 8, 2014.  The property is located within an MUO (Mixed Used - Office) Zoning District (former M-2 Zoning Distr ict) and a 105-F Height and Bulk District.  No other changes to the project are proposed at this time.

            Preliminary Recommendation: Approval with Conditions

 

9b.        2011.0325CV                                                                             (B. FU: (415) 558-6613)

144 KING STREET - north side between 2nd and 3rd Streets, Lot 024 in Assessor’s Block 3794 - Request for time extension of Variances previously granted for  floor area ratio and bay projection under Planning Code Sections 124 and 136(c)(2).  The project, approved under Motion No. 17094, is demolition of an existing one-story warehouse building and construction of an 11-story, approximately 130-room hotel with no off-street parking.   The property is located within an MUO (Mixed Used - Office) Zoning District (former M-2 Zoning District) and a 105-F Height and Bulk District.  No other changes to the project are proposed at this time.

 

10.        2011.0394C                                                                     (C. Teague:  (415) 575-9081)

2966 MISSION STREET - west side between 25th and 26th Streets, Lot 006 in Assessor's Block 6529 - Request for Conditional Use Authorization to allow a "Small Self-Service" restaurant (d.b.a. Hot Press SF, Inc) in the Mission Street NCT (Neighborhood Commercial Transit) Zoning District, 45-X/65-B Height and Bulk District, and the Mission Alcoholic Beverage Special Use District.

            Preliminary Recommendation: Approval with Conditions

 

C.         COMMISSIONERS’ QUESTIONS AND MATTERS

 

11.        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

 

12.        Director’s Announcements

           

13.        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 

 

14.        2011.0450C                                                                        (S. Vellve: (415) 558-6263)

55 LAGUNA STREET (aka 218-220 Buchanan Street) - most of the blocks bound by Laguna, Haight, Buchanan and Hermann Streets, Lots 1, 2 and portion of Lot 3 in Assessor's Block 0870 and Lots 1 and 1A in Assessor's Block 0857 - Request for Conditional Use Authorization pursuant to Planning Code Section 303 to modify Conditions 20, 21 and 29 of Motion No. 17537 (Case No. 2004.0773C) to allow a mix of on-site affordable below-market-rate dwelling units and payment of an affordable housing fee to satisfy the requirements of Planning Code Section 415 for this mixed use project that was approved by the Planning Commission in 2008, within RM-3 (Residential, Mixed, Medium Density) and NC-3 (Neighborhood Commercial, Moderate Scale) Zoning Districts, the Laguna, Haight, Buchanan and Hermann Streets Special Use District, and 40-X, 50-X and 85-X Height and Bulk Districts.  The requested modifications to Motion No. 17537 would not alter the overall number of market rate or affordable senior dwelling units to be provided in the development nor would the modifications affect any physical aspects of the development.

                        Preliminary Recommendation: Approval with Conditions

 

            15.                                                                                                 (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

(Continued from Regular Meeting of July 21, 2011)

 

16.        2007.0558                                                                        (J. SWITZKY: (415) 575-6815)

TRANSIT CENTER DISTRICT PLAN -- INFORMATIONAL UPDATE. The draft Transit Center District Plan was published in November 2009. In anticipation of publication of the Draft Environment Impact Report in early autumn, Planning Department staff will provide for the Commission a brief refresher of the proposals of the draft Plan and an update on related items. The draft Plan is available for public review at: http://transitcenter.sfplanning.org.

                        Preliminary Recommendation: No Action Required -- Informational Only

 

            17.        2010.0641M                                                                      (S. EXLINE: (415) 558-6332)

                        2011 RECREATION AND OPEN SPACE ELEMENT UPDATE - INFORMATIONAL PRESENTATION The first Draft of the Recreation and Open Space Element was released in May 2009, the Revised Draft of the Recreation and Open Space Element was released on June 8, 2011. This presentation will be the second in a series of three informational presentations on the policies in the Revised Draft of the Recreation and Open Space Element. The Revised Draft of the Element is available for the public to review online at http://openspace.sfplanning.org

Preliminary Recommendation: No Action Required -- Informational Only

 

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

                        AMENDMENTS TO COMMISSION’S RULES AND REGULATIONS

            Preliminary Recommendation: Adoption

(Continued from Regular Meeting of July 28, 2011)

 

 

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:

 

Last updated: 7/29/2011 1:41:52 PM