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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, November 17, 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. 2009.0156E (J. BATTIS: (415) 575-9022)
89 BELGRAVE AVENUE - south side between Stanyan and Shrader Streets; Lot 072 of Assessor’s Block 2688 - Appeal of Preliminary Mitigated Negative Declaration for the proposed project entailing 1) subdivision of an existing 7,500-square foot parcel into two lots, resulting in an approximately 4,200-sq ft lot with 42 feet of frontage along Belgrave Avenue containing an existing single-family residence, and a second undeveloped approximately 3,300-sq ft parcel with 33 feet of frontage along Belgrave Avenue to the west of the existing building; 2) enlarging an existing 2,270-sq ft residence by approximately 2,000 sq ft, resulting in an approximately 4,210-sq ft, approximately 37-foot-high building with two off-street parking spaces; and 3) construction of a new approximately 3,971-sq ft, 37-foot-high three-story-over two-car garage single-family residence. The project site is located within an RH-1(D) (Residential House, One-Family (Detached Dwelling)) District and a 40-X Height and Bulk District in the Haight-Ashbury neighborhood. The proposed project would require a variance from the minimum lot area requirements.
(Continued from Regular Meeting of October 6, 2011)
(Proposed for Continuance to January 12, 2012)
2. 2011.0471C (K. Guy: (415) 558-6163)
1111 CALIFORNIA STREET - southwest corner at Taylor Street, Lot 020 of Assessor’s Block 0253 - Request for Conditional Use Authorization to continue the existing nonconforming entertainment and assembly use of the "Nob Hill Masonic Center", and to continue operation of the existing food and beverage service uses within the Center, pursuant to Planning Code Sections 185(e) and 303, within the RM-4 (Residential, Mixed, High Density) District, the Nob Hill Special Use District, and the 65-A Height and Bulk District. No interior or exterior modifications, or changes in patron capacity of the existing facility, are requested as a part of this action.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of October 27, 2011)
(Proposed for Continuance to January 19, 2012)
3a. 2010.0959CV (D. SANCHEZ: (415) 575-9082)
147 SOUTH PARK AVENUE - south side between 3rd Street and Jack London Place, Lot 031 in Assessor’s Block 3775 - Request for Conditional Use Authorization under Planning Code Sections 814.13 and 303 to demolish an existing single family dwelling and construct as the replacement structure a four-story, two-unit multifamily dwelling with a ground floor commercial use identified as an eating establishment. The proposal is within the South Park Zoning District with a 40-X Height and Bulk designation.
(Continued from Regular Meeting of October 6, 2011)
(Proposed for Continuance to January 19, 2012)
3b. 2010.0959CV (D. SANCHEZ: (415) 575-9082)
147 SOUTH PARK AVENUE - south side between 3rd Street and Jack London Place, Lot 031 in Assessor’s Block 3775 - Request for Variance under Planning Code Sections 145.1 and 306 to provide a parking entrance of 16 feet, in excess of 1/3 of the lot width, at the rear of the lot as part of the four-story, two-unit multifamily replacement structure. The proposal is within the South Park Zoning District with a 40-X Height and Bulk designation.
(Continued from Regular Meeting of October 6, 2011)
(Proposed for Continuance to January 19, 2012)
4. 2010. 1013D (G. CABREROS: (415) 558-6169)
7327 GEARY BOULEVARD - south side between 37th and 38th Avenues; Lot 038 in Assessor’s Block 1507 - Mandatory Discretionary Review pursuant to Planning Code Section 317(d) of Building Permit Application No. 2010.10.07.2476 proposing a major alteration, equivalent to a de facto residential demolition of a one-story-plus-attic, single-family residence resulting in a four-story, two-unit building within the RM-1 (Residential, Mixed, Low Density) Zoning District and 40-X Height and Bulk District.
Staff Analysis: Full Discretionary Review
Preliminary Recommendation: Do not take Discretionary Review and approve
(Proposed for Continuance to December 15, 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
5. 2011.0256C (A. PUTRA: (415) 575-9079)
98 WEST PORTAL AVENUE - northwest corner of West Portal Avenue and Vicente Street; Lots 009 and 010 in Assessor’s Block 2931 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 729.83, and 303 to establish a new wireless telecommunication services (WTS) facility consisting of six panel antennas located on the rooftop of a financial service building with a Location Preference 6 (Wholly Commercial Structure within an Individual Neighborhood Commercial District), as part of the AT&T wireless telecommunications network in the West Portal Avenue Neighborhood Commercial District, and a 26-X 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.
6. Consideration of Adoption:
· Draft Minutes of Regular Meeting of October 27, 2011
7. 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
8. Director’s Announcements
9. 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
10. 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 October 6, 2011)
11. 2005.0233C (B. FU: (415) 558-6613)
49 JULIAN AVENUE - east side of Julian Avenue between 14th and 15th Streets, Lot 032 in Assessor’s Block 3547 - Request for Conditional Use Authorization under Planning Code Sections 215(a), 175.6(e)(1)(c), 151.1 and 303 to allow the demolition of an existing one-story, industrial building and the construction of a new approximately 10,500-square foot, 50-foot tall, five-story residential building containing eight dwelling units and eight ground floor parking spaces utilizing its Eastern Neighborhoods Pipeline status per Planning Code Section 175.6(e) to elect to conform to the controls under the former C-M (Heavy Commercial) 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 currently in the UMU (Urban Mixed Use) District and a 45-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting November 10, 2011)
12. 2011.0879D (S. YOUNG: (415) 558-6346)
1813 FULTON STREET - south side of Fulton Street between Ashbury Street and Masonic Avenue; Lot 001 in Assessor's Block 1187 - Request for Discretionary Review of Building Permit Application No. 2011.05.10.5758, proposing to legalize the change of use of a small self-service restaurant (d.b.a. Bistro Gambrinus) to a full-service restaurant (continuing d.b.a. Bistro Gambrinus). The proposal is to convert from a self-service type restaurant to a full-service type restaurant and will not involve any tenant improvements to the approximately 950 square-foot ground floor commercial tenant space.
Preliminary Recommendation: Take Discretionary Review and approve the project with conditions
13. 2011.0682DD (S. LAI: (415) 575-9087)
4218 MISSION STREET - west side between Castle Manor and Admiral Avenues; Lot 004 in Assessor’s Block 6803 - Mandatory Discretionary Review for a Medical Cannabis Dispensary, pursuant to Planning Code Sections 711.84 and 790.141 in association with Building Permit Application No. 2011.02.23.0782, proposing to develop a Medical Cannabis Dispensary (d.b.a. “The Green Cross”) on the ground floor of an existing building. This project lies within the NC-2 (Small-Scale, Neighborhood Commercial) District, and within the 40-X Height and Bulk District. A separate request for Discretionary Review has also been filed by a member of the public against the project.
Preliminary Recommendation: Do Not Take Discretionary Review and Approve
14. 2010.0506DD (A. PUTRA: (415) 575-9079)
5258 Mission Street - west side between Niagara and Mount Vernon Avenues; Lot 003B in Assessor’s Block 7031 - Mandatory Discretionary Review for a Medical Cannabis Dispensary, pursuant to Planning Code Sections 711.84 and 790.141 in association with Building Permit Application No. 2010.05.27.3337, to allow a Medical Cannabis Dispensary (d.b.a Mission Organic) to locate within the existing vacant ground-floor tenant space. The proposed dispensary would not include on-site smoking, consumption, vaporizing, or cultivation. The property is located within an NC-2 (Small-scale, Neighborhood Commercial) 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 project.
Preliminary Recommendation: Do Not Take Discretionary Review and Approve
15. 2010.0468DD (A. PUTRA: (415) 575-9079)
5234 Mission Street - west side between Niagara and Mount Vernon Avenues; Lot 002C in Assessor’s Block 7031 - Mandatory Discretionary Review for a Medical Cannabis Dispensary, pursuant to Planning Code Sections 711.84 and 790.141 in association with Building Permit Application No. 2010.06.16.4643, to allow a new Medical Cannabis Dispensary (d.b.a TreeMed) to locate within the existing vacant ground-floor tenant space. The proposed dispensary would not include on-site smoking, consumption, vaporizing, or cultivation. The property is located within an NC-2 (Small-scale, Neighborhood Commercial) 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 project.
Preliminary Recommendation: Do Not Take Discretionary Review and Approve
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:
