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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, December 15, 2011
1:00 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.
1:00 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.
1a. 2011.0379DV (D. SANCHEZ: (415) 575-9082)
1 MASSASOIT STREET – southwest corner of Franconia Street; Lot 001 in Assessor’s Block 5554 – Staff Initiated Discretionary Review of Building Permit Application No. 2010.08.20.9282 for an expansion at the rear of an existing single family dwelling. The project site is located the RH-1 (Residential, House, One-Family) Zoning District, the Bernal Heights Special Use District and 40-X Height and Bulk Districts.
Preliminary Recommendation: Take Discretionary Review and approve with modifications
(Proposed for Continuance to January 12, 2012)
1b. 2011.0379DV (D. SÁNCHEZ: (415) 575-9082)
1 MASSASOIT STREET - southwest corner of Franconia Street; Lot 001 in Assessor’s Block 5554 – Request for Variances to Planning Code Section 242 to construct a stair and deck in the required rear yard and to provide one off-street parking space where two are required. The project site is located the RH-1 (Residential, House, One-Family) Zoning District, the Bernal Heights Special Use District and 40-X Height and Bulk Districts.
(Proposed for Continuance to January 12, 2012)
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
2. 2011.1074C (S. Young: (415) 558-6346)
4411 GEARY BOULEVARD, SUITE #100 – south side of Geary Boulevard between 8th and 9th Avenues; Lot 043 in Assessor’s Block 1536 – Request for Conditional Use authorization under Sections 303 and 712.54 of the Planning Code to convert vacant commercial tenant space (formerly occupied by a chiropractor’s office) with approximately 2,500 square feet of floor area into a massage establishment (d.b.a. Heaven Wellness Center) on the ground floor of a three-story commercial building within an NC-3 (Neighborhood Commercial, Moderate-Scale) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
3. 2011.1036C (K. GUY: (415) 558-6163)
1101 POLK STREET - northwest corner of the intersection of Post Street; Lot 002 in Assessor’s Block 0691 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 723.44, to modify conditions of approval placed on the existing small self-service restaurant (d.b.a. Eleven O One) in Motion No. 13538, Case No. 93.220C, to add seating, including outdoor seating, within the Polk Street Neighborhood Commercial District and the 130-E Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
4. 2011.1163C (C. LAMORENA: (415) 575-9085)
242 BALBOA STREET – north side between 3rd and 4th Avenues; Lot 019 in Assessor’s Block 1546 – Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 711.54, to convert vacant commercial space (formerly occupied by a retail video store) with approximately 1,800 square feet of floor area into a massage establishment (d.b.a. Paradise Health Center) on the ground floor of a three-story, mixed-use building within an NC-2 (Neighborhood Commercial, Small-Scale) Zoning District and 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
5. 2011.0841C (R. SUCRE: (415) 575-9108)
180 TOWNSEND STREET – located on Brannan Street between 2nd and 3rd Streets; Assessor’s Block 3788, Lot 013. Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 803.9(a), to convert approximately 15,001 sq ft from retail to office use on the ground floor of a three-story building. The subject property is listed as a contributor to the South End Historic District, which is listed in Article 10 of the San Francisco Planning Code. It is located within the SLI (Service/Light Industrial) Zoning District, and a 65-X Height/Bulk Limit.
Preliminary Recommendation: Approval with Conditions
C. 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.
D. REGULAR CALENDAR
6. 2011.1160T (A. STARR: (415) 558-6362)
Disability Access Improvements for Small Businesses and Landlord Obligations - The Commission will consider an Ordinance introduced by Supervisor David Chiu concerning ADA access as it relates to the use size of self-service restaurants and retail coffee stores. Specifically, the proposed Ordinance would amend the San Francisco Planning Code by amending Sections 790.90, 790.91, and 790.102 to allow small self-service restaurants and retail coffee stores to exclude the square footage of floor area required for disabled access from the calculation of maximum allowable square footage for such uses under applicable zoning restrictions. The proposed ordinance also amends the San Francisco Administrative Code by adding Chapter 38, Sections 38.1 through 38.6; amends the San Francisco Campaign and Governmental Conduct Code Section 3.400; requiring commercial landlords leasing to small businesses for public accommodations to: 1) bring ground floor entrances to, and exits from, the building into compliance with applicable state and federal disability access laws; 2) inform small business tenants of the potential legal and financial liabilities for failure to comply with those laws; 3) include in any new or amended leases a provision addressing the respective obligations of the landlord and small business tenant to bring the leased premises into compliance with those access laws; 4) require the City to give priority to building permit applications for work to bring space leased to small business tenants into compliance with those access laws; and 6) adopt environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and Planning Code Section 101.1.
Recommendation: Approval with modifications of Proposed Ordinance to Board of Supervisors.
7. 2010.0256MTR (N. HRUSHOWY: (415) 558-6471)
FISHERMAN’S WHARF PUBLIC REALM PLAN - Informational Presentation on the Fisherman’s Wharf Public Realm Plan and actions to implement the Plan. The Plan includes a number of elements, including: 1) A Conceptual Design Plan for Jefferson Street improvements; 2) Conceptual designs for all other streets in Fisherman’s Wharf plan area, per the Better Streets Plan, to provide a safer and more comfortable streetscape environment that will accommodate all users, including pedestrians, motorists, and bicyclists; 3) Suggestions to reduce traffic congestion and improve wayfinding; 4) Design Guidelines for all new public and private development to improve the quality of the built form and better activate the pedestrian environment; and 5) Recommendations for new public open spaces and the refurbishment of existing public open spaces. In the future, Department staff will schedule public hearings to propose a minor amendment to the General Plan to reference the Fisherman’s Wharf Public Realm Plan, and minor amendments to the Planning Code to provide an exception to height limits that would encourage active ground-floor uses in new development and restrict adult entertainment uses in portions of the Fisherman’s Wharf area.
Preliminary Recommendation: No action requested.
8a. 2010.0948XV (R. CRAWFORD: (415) 558-6358)
527-529 STEVENSON STREET - south side between 6th and 7th Streets; Lot 012 in Assessor’s Block 3703 - Request for Determination of Compliance pursuant to Planning Code Section 309, with an exception to the requirements for Section 134, Rear Yard. The proposed project would convert a vacant 42,600 square foot, four-story industrial building to mixed-use with 67 residential units, eight off-street parking spaces, and a 210 square foot ground floor commercial space. This project is located in the C-3-G (Downtown, General Commercial) District and 120-F Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of October 20, 2011)
8b. 2010.0948XV (R. CRAWFORD: (415) 558-6358)
527-529 STEVENSON STREET - south side between 6th and 7th Streets; Lot 012 in Assessor’s Block 3703 - Request for a Variance, pursuant to Planning Code Sections 305 and 140 to allow 40 new residential units that do not face on a public street at least 25 feet in width, a Code compliant rear yard, or Code compliant open space. The proposed project would convert a vacant 42,600 square foot, four-story industrial building to mixed-use with 67 residential units, eight off-street parking spaces, and a 210 square foot ground floor commercial space. This project is located in the C-3-G (Downtown, General Commercial) District and 120-F Height and Bulk District.
(Continued from Regular Meeting of October 20, 2011)
9. 2011.1046C (R. CRAWFORD: (415) 558-6350)
1401 CALIFORNIA STREET – at the southwest corner of California and Hyde Streets; Lots 001 and 020 in Assessor’s Block 0250 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 703.4, 723.21, and 723.27 to modify the existing grocery store to provide for a new grocery store (d.b.a. Trader Joe’s) and a new pharmacy store (d.b.a. CVS Pharmacy). The project would divide the existing 30,087 square-foot retail space into a 14,578 square-foot grocery store (Trader Joe’s, a formula retail use), a 10,956 square-foot pharmacy store (CVS, a formula retail use) with 24-hour operation for the CVS Pharmacy store, within the Polk Street Neighborhood Commercial District and 65-A Height and Bulk District.
Preliminary Recommendation: Approval with conditions
10. 2011.1177X (C. TEAGUE: (415) 575-9081)
340 Fremont Street - south side between Harrison and Folsom Streets, Lots 006-009 in Assessor’s Block 3748 - Request under Planning Code Sections 309.1, 825, and 827 for the authorization of a change in previously approved conditions of approval to extend the performance period for a previously approved project consisting of a 400-foot tall building with up to 332 dwelling units and up to 332 parking spaces within the RH DTR (Rincon Hill Downtown Residential Mixed Use) District with a 85/400-R Height and Bulk Designation.
Preliminary Recommendation: Approval with Conditions
11a. 2002.1302U (M. SNYDER: (415) 575-6891)
2235 THIRD STREET IN-KIND AGREEMENT AMENDMENT – Amendment to the In-kind Agreement originally approved by the Planning Commission April 15, 2010. The Planning Commission granted a waiver to the impact fee obligation under Planning Code Section 423.3(d) (previously Planning Code Section 327.3(c)) per the City and the Project Sponsor’s “In-Kind Agreement” for the provision of a new Child Care facility at 2235 THIRD STREET. The proposal is to amend the In-Kind Agreement by removing the requirement that the operator provide infant care. The project is within the Eastern Neighborhoods Plan Area.
Preliminary Recommendation: Approval
11b. 2002.1302U (M. SNYDER (415) 575-6891)
178 TOWNSEND STREET IN-KIND AGREEMENT AMENDMENT - Amendment to the In-kind Agreement originally approved by the Planning Commission April 15, 2010. The Planning Commission granted a waiver to the impact fee obligation under Planning Code Section 423.3(d) (previously Planning Code Section 327.3(c)) per the City and the Project Sponsor’s “In-Kind Agreement” for the provision of a new Child Care facility at 2235 THIRD STREET. The proposal is to amend the In-Kind Agreement by removing the requirement that the operator provide infant care. The project is within the Eastern Neighborhoods Plan Area.
Preliminary Recommendation: Approval
12. 2011.1209TZ (M. SNYDER (415) 575-6891)
India Basin Industrial Park Special Use District Planning Code Map and Text Amendments – Amending Zoning Map Sheet 8 SU of the San Francisco Planning Code to rezone Lots 28 through 54 of Block 5211 (commercial condominium lots located at 3450 Third Street (AKA 101-111 Quint Street)) by including them within the India Basin Industrial Park Special Use District, and amending Planning Code Section 249.42 to allow outpatient health care clinics as principally permitted uses within portions of the India Basin Special Use District where the use would be less than 15,000, and to allow such uses through Conditional Use authorization where such uses would be 15,000 square feet or greater. The proposed Ordinance is before the Commission so that it may recommend adoption, rejection, or adoption with modifications to the Board of Supervisors and adopt findings, including environmental findings and findings of consistency the General Plan and the Priority Policies of Planning Code Section 101.1. The underlying use district of PDR-2 (Heavy Production, Distribution, and Repair) and height and bulk district of 65-J is not proposed to change.
Preliminary Recommendation: Approval
13. 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
(Continued from Regular Meeting of November 17, 2011)
5:00 p.m.
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
14. 2010.0493E (J. NAVARRETE: (415) 575-9040)
The 34th America’s Cup and James R. Herman Cruise Terminal and Northeast Wharf Plaza Projects FINAL Environmental Impact Report - Certification of the Final Environmental Impact Report: The City and County of San Francisco (CCSF) and the America’s Cup Event Authority propose to host the 34th America’s Cup (AC34) sailing races in San Francisco Bay in 2012 and in 2013. Venues proposed for the AC34 events are piers, water areas, and facilities managed by the Port of San Francisco (Port) including: Piers (Piers 19, 19½, 23, 27-29½, 26, 28, 30-32, and 80), water basins/water areas (Piers 19-23, 23-27, 29‑31, 14-22½, 26‑28, 28-30, and 32-36), and Seawall Lot 330. Various other venues are proposed for spectator‑related activities, some of which are under the jurisdiction of other City, state or federal agencies, including Crissy Field, Marina Green, Fort Mason, Aquatic Park, Alcatraz Island, Fort Baker Pier at Cavallo Point (near Sausalito), SF Civic Center, Union Square, and Justin Herman Plaza. The event venues would include team bases and operations, support space, media operations, hospitality services, commercial space, entertainment and spectator areas, and temporary berthing and mooring facilities for race-related and spectator vessels. The Port proposes the development of Pier 27 as the James R. Herman Cruise Terminal and Northeast Wharf Plaza, which would be phased to allow America’s Cup Village uses at Piers 27-29, including an initial phase of the cruise terminal building, for the 2013 AC34. The Cruise Terminal project would involve demolition of the existing Pier 27 shed, a portion of the Pier 29 shed, and Pier 27 Annex Building, and construction of a 91,200 square foot, two-story cruise terminal building along Pier 27. The Northeast Wharf Plaza would provide a 2½-acre open space at the south end of Pier 27, fronting along The Embarcadero promenade including a multi-use recreational space and ancillary structures for commercial and recreational services.
Please note: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on August 25, 2011. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission during a specific Public Comment category of the Commission calendar.
Preliminary Recommendation: Certify the Final EIR
G. COMMISSIONERS’ QUESTIONS AND MATTERS
15. 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.
H. DIRECTOR’S REPORT
16. Director’s Announcements
17. Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.
I. 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
