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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, April 4, 2013
12:00 PM
Regular Meeting
President: Rodney Fong
Vice-President: Cindy Wu
Commissioners: Michael J. Antonini; Gwyneth Borden; Rich Hillis,
Kathrin Moore; Hisashi Sugaya
Acting Commission Secretary: Jonas P. Ionin
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 Planning Commission Secretary at: commissions.secretary@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 the 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.
ROLL CALL:
President: Rodney Fong
Vice-President: Cindy Wu
Commissioners: Michael J. Antonini; Gwyneth Borden; Rich Hillis;
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. 2012.0950TZ (A. STARR: (415) 558-6362)
AMENDMENTS TO THE PLANNING CODE TO ESTABLISH THE DIVISADERO NEIGHBORHOOD COMMERCIAL DISTRICT [BOARD FILE NO. 12-0796] - The Planning Commission will hear a revised version of an Ordinance originally heard and approved by the Commission on November 29, 2012 that establishes the Divisadero Street NCD. The revised version prohibits Formula Retail in the proposed Divisadero Street NCD. The original and amended Ordinance amend the Planning Code to establish the Divisadero Street Neighborhood Commercial District (NCD) along Divisadero Street between Haight and O'Farrell Streets; repeal the Divisadero Street Alcohol Restricted Use District (RUD); amend various other sections to make conforming and other technical changes; and amend the Zoning Map to add the Divisadero Street NCD and delete the Divisadero Street RUD.
Preliminary Recommendation: Approval with Modifications
(Proposed for Continuance to April 25, 2013)
2. 2012.1183TZ (A. STARR: (415) 558-6362)
AMENDMENTS TO THE PLANNING CODE TO ESTABLISH THE FILLMORE STREET NEIGHBORHOOD COMMERCIAL DISTRICT [BOARD FILE NO. 12-0814] - Ordinance amending the San Francisco Planning Code by: 1) adding Section 744.1 to establish the Fillmore Street Neighborhood Commercial District along Fillmore Street to include lots that are currently zoned NC-3 (Neighborhood Commercial, Moderate Scale), RM-3 (Residential, Mixed, Medium Density) RM-4 (Residential, Mixed, High Density), NC-1 (Neighborhood Commercial, Cluster), and RH-3 (Residential, House, Three-Family) along Fillmore Street between Bush and Fulton Streets.; 2) amending Section 151.1, a portion of Table 151.1, Section 263.20, and Section 607.1(f) to make conforming and other technical changes; 3) amending Sheets ZN02 and ZN07 of the Zoning Map to rezone specified properties to the Fillmore Street Neighborhood Commercial District; and 4) amending Planning Code Sections 201, 207.4, 207.5 702.1, 790.102 810.20, 811.20, and 811.47b based on Staff’s recommendation; and 5) adopting environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1.
Preliminary Recommendation: Approval with Modifications
(Continued from Regular Meeting of January 10, 2012)
(Proposed for Continuance to April 25, 2013)
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
3. 2012.1495C (A. PUTRA: (415) 575-9079)
65 CAMBON DRIVE - on the east side between Font Boulevard and 19th Avenue; Lot 001 in Assessor’s Block 7324 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 713.61 to allow an automobile sales or rental use (d.b.a. Enterprise Rent-A-Car) providing vehicle rentals within a NC-S (Neighborhood Commercial, Shopping Center) District and 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of March 14, 2013)
4. 2012.1551C (D. VU: (415) 575-9120)
2238-2240 MARKET STREET - north side between Noe and Sanchez Streets; Lots 005 and 006 in Assessor’s Block 3560 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 733.56, to allow automobile parking on a portion of the accessory parking for an existing mortuary (d.b.a. Sullivan’s Funeral Home) in the Upper Market NCT (Neighborhood Commercial Transit) Zoning District, and 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
5. 2010.0272DD (M. SMITH: (415) 558-6322)
1235 40TH AVENUE - west side between Lincoln Way and Irving Street, Lot 006 in Assessor's Block 1710 - Requests for Discretionary Review of Building Permit Application No. 2009.04.02.5465 proposing the demolition of the detached garage structure at the front of the lot and the new construction of a three-story accessory building with a garage at the front of the lot, located within a RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District.
(Continued from Regular Meeting of March 14, 2013)
Preliminary Recommendation: Adopt motion of intent to take DR and approve the project.
NOTE: On March 14, 2013, following public testimony, the Commission adopted a Motion of Intent to Take DR and Approve the Project, moving the kitchen from the rear cottage to the new building proposed for the front of the subject property; and Continued the item to the April 4, 2013 Consent Calendar, to allow a DR Action memo to be drafted with appropriate findings by a vote +6 -0 (Commissioner Borden was absent).
6. 2012.1413C (E. WATTY: (415) 558-6620)
1096 UNION STREET - northeast corner of Union and Leavenworth Streets; Lot 009 in Assessor’s Block 0098 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 182, 303, and 722.43, to allow a change of use from a Retail Grocery Store (d.b.a Top O’ The Hill Market) to a Limited-Restaurant (d.b.a La Paloma Café). The property is located within a RM-2 (Residential, Mixed: Moderate-Density) Zoning District, and 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
7. 2012.1315T (S. HAYWARD: (415) 558-6372)
AMENDMENTS TO THE PLANNING CODE, ADDING NEW SECTION 102.36.1 TO ESTABLISH AN ANNUAL MONITORING REQUIREMENT FOR STUDENT HOUSING CONVERSIONS [BOARD FILE NO. 12-0883] - Ordinance introduced by Supervisor Kim adding Planning Code Section 102.36.1 to establish an annual monitoring program for Student Housing conversions; and adopting findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.
Preliminary Recommendation: Adopt a Recommendation for Approval
(Continued from Regular Meeting of March 7, 2013)
NOTE: On November 29, 2012, following public testimony, the Commission Continued the matter to January 24, 2013 by a vote of +6 -1. On January 24, 2013 the Commission Continued the matter to March 7, 2013, by a vote of +5 -0.
8. 2011.0397M (K. HADDADAN: (415) 575-9068)
INTENTION TO INITIATE GENERAL PLAN AMENDMENTS FROM THE 2009 BICYCLE PLAN - Pursuant to Planning Code Section 302, the Planning Commission will consider a Resolution of Intention to initiate amendments to the Planning Code. These General Plan Amendments were originally recommended by the Planning Commission to the Board of Supervisors for the Board’s approval on June 25, 2009 in Resolution 17914. On June 25, 2009 (in Resolution 17912), the Planning Commission certified an environmental impact report (EIR) prepared for the 2009 Bicycle Plan, and (in Resolution 17913), adopted findings pursuant to CEQA, including a mitigation monitoring and reporting program. On January 14, 2013, the California Court of Appeal found that the 2009 Bicycle Plan EIR complied with CEQA but that the findings adopted pursuant to the CEQA in connection with the General Plan Amendments did not adequately set forth the reasons for rejecting as infeasible the alternatives identified in the EIR, and did not adequately discuss several significant environmental impacts that cannot be mitigated. This action therefore initiates the re-adoption of the previously adopted General Plan Amendments, including changes to the Transportation Element and the Downtown Area Plan of the General Plan, such that the General Plan Amendments may be adopted with modified findings.
Preliminary Recommendation: Adopt a Resolution of Intent to Initiate and schedule a public hearing to consider the Amendments
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.
9. Consideration of Adoption:
· Draft Minutes for March 14, 2013
· Draft Minutes for March 21, 2013
10. 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.
11. Director’s Announcements
12. Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.
13. (D. SIDER: (415) 575-6697)
PLANNING COMMISSION POLICY ON TIMING OF PROJECT IMPLEMENTATION - Discussion and action on Resolutions that would establish Planning Commission policies regarding time frames for the implementation of projects generally requiring Commission approval
(Continued from Regular Meeting of March 14, 2013)
Preliminary Recommendation: Adoption
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. However, for items where public comment is closed this is your opportunity to address the Commission. With respect to all other 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. 2011.0119E (R. SCHUETT: (415) 575-9030)
200-214 6TH STREET - (HAYSTON APARTMENT BUILDING) AFFORDABLE HOUSING WITH GROUND-FLOOR RETAIL PROJECT DRAFT EIR - southwest corner of 6th and Howard Streets; Assessor’s Block 3731, Lot 001 - Public Hearing on the Draft Environmental Impact Report. The proposed project includes demolition of the existing four-story vacant building at 200-214 6th Street, removal of the temporary art installation on the existing building, and construction of a new, nine-story mixed-use building, with sixty-seven affordable housing units and ground floor commercial space. The project site is located in the SOMA NCT (Neighborhood Commercial Transit) Zoning District and 85-X Height and Bulk District.
Note: Written comments will be accepted at the Planning Department until 5:00 p.m. on April 15, 2013.
Preliminary Recommendation: None – Comments on EIR
15a. 2011.0038CEKVX! (E. WATTY: (415) 558-6620)
250 FOURTH STREET - northwest corner of Fourth and Clementina Streets; Lot 008 in Assessor’s Block 3733 - Request for Determination of Compliance, pursuant to Planning Code Section 309, with exceptions to the requirements for "Reduction of Ground-Level Wind Currents in C-3 Districts" (Section 148) and “Tour Bus Loading” (Section 162). The proposed project would demolish the existing two-story-over-basement, approximately 30-foot tall, 31,200-sf office/educational building, occupied by Olivet Theological University, and would construct a new, 11-story, 78,000 gsf, 220-room tourist hotel building, including 4,265 sq. ft. of ground-floor restaurant/bar space. The project site is located within a C-3-S (Downtown Support) Zoning District, SOMA Youth and Family Special Use District and 130-L Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of February 28, 2013)
15b. 2011.0038CEKVX! (E. WATTY: (415) 558-6620)
250 FOURTH STREET - northwest corner of Fourth and Clementina Streets; Lot 008 in Assessor’s Block 3733 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 216(b), 249.40A and 303 to allow up to 220 tourist hotel guestrooms with ground-floor restaurant and bar. The proposed project would demolish the existing two-story-over-basement, approximately 30-foot tall, 31,200-sf office/educational building, occupied by Olivet Theological University, and would construct a new, 11-story, 78,000 gsf, 220-room tourist hotel building, including 4,265 sq. ft. of ground-floor restaurant/bar space. The project site is located within a C-3-S (Downtown Support) Zoning District, SOMA Youth and Family Special Use District and 130-L Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of February 28, 2013)
15c. 2011.0038CEKVX! (E. WATTY: (415) 558-6620)
250 FOURTH STREET - northwest corner of Fourth and Clementina Streets; Lot 008 in Assessor’s Block 3733 - Request for Variances, pursuant to Planning Code Sections 145.1 to allow a reduced percentage of transparent frontage on Clementina Street as well as non-active uses within the first 25 feet of building depth on the ground floor. The proposed project would demolish the existing two-story-over-basement, approximately 30-foot tall, 31,200-sf office/educational building, occupied by Olivet Theological University, and would construct a new, 11-story, 78,000 gsf, 220-room tourist hotel building, including 4,265 sq. ft. of ground-floor restaurant/bar space. The project site is located within a C-3-S (Downtown Support) Zoning District, SOMA Youth and Family Special Use District and 130-L Height and Bulk District.
(Continued from Regular Meeting of February 28, 2013)
16. 2012.0266DDDDDE (E. WATTY: (415) 558-6620)
535 EL CAMINO DEL MAR - south side between McLaren and 28th Avenues; Lot 019 in Assessor's Block 1326 - Requests for Discretionary Review of Building Permit Application No. 2011.12.12.0456 proposing an approximately 516 square-foot second floor addition along with other interior and exterior alterations to the existing single-family dwelling, which is located within a RH-1(D) (Residential, House: One-Family, Detached) Zoning District and 40-X Height and Bulk District.
Staff Analysis: Abbreviated Discretionary Review
Preliminary Recommendation: Do Not Take Discretionary Review and Approve
17. 2012.0267D (G. CABREROS: (415) 558-6169)
1 SPRUCE STREET - west side between Jackson Street and West Pacific Avenue; Lot 001 in Assessor’s Block 0969 - Request for Discretionary Review of Building Permit Application No. 2012.02.23.4708 proposing side and rear horizontal additions to the existing two-story, single-family residence in a RH-1 (Residential House, One-Family) Zoning District and 40-X Height and Bulk District
Staff Analysis: Abbreviated Discretionary Review
Preliminary Recommendation: Do Not Take Discretionary Review and Approve
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
