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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 25, 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. 2010.1034C (O. MASRY: (415) 575-9116)
4216 CALIFORNIA STREET - on the north side of California between 4th Avenue and 5th Avenue, Lot 019 in Assessor’s Block 1364 - Request for Conditional Use Authorization under Planning Code Sections 710.83 and 303 for a proposal to upgrade an existing wireless telecommunications services micro-site facility operated by AT&T Mobility. The facility would consist of removing an existing micro-site and installing nine panel antennas on the roof behind a new radio-frequency transparent screen wall with equipment located within a ground floor storage area. The facility is proposed on a Location Preference 6 Site (Limited Preference Location Site) within a NC-1 (Neighborhood Commercial, Cluster) Zoning District and 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of March 14, 2013)
(Proposed for Continuance to May 2, 2013)
2. 2012.0231C (O. MASRY: (415) 575-9116)
758 DIVISADERO STREET - at the southeast corner of Divisadero and Fulton streets, Lot 019 in Assessor’s Block 1181 - Request for Conditional use Authorization under Planning Code Sections 710.83 and 303 for a proposal to install a wireless telecommunications services macro-site facility operated by AT&T Mobility. The proposed facility would consist of nine roof-mounted antennas in two sectors. The first sector (six antennas) would be located in a faux roof addition above the bay penthouse. The remaining sector (three antennas) would be located on the building roof and not be visible from adjacent public rights-of-way. Electronic equipment associated with the facility would be located within a third floor room. The facility is proposed on a Location Preference 5 Site (Preferred Location) within a NC-2 (Neighborhood Commercial, Small Scale) Zoning District and 65-A Height and Bulk District.
Preliminary Recommendation: Approve with Conditions
(Proposed for Continuance to May 9, 2013)
3. 2011.0397T (K. HADDADAN: (415) 575-9068)
BICYCLE PARKING ORDINANCE - The proposed Ordinance would amend (1) the San Francisco Planning Code by repealing existing Sections 155.1 through 155.5 in their entirety, adding new Sections 155.1 through 155.4; to revise the bicycle parking standards; (2) the San Francisco Planning Code by renumbering Sections 430 to 431 and adding a new Section 430 that allows portions of bicycle parking requirements to be satisfied with an in lieu fee; (3) the San Francisco Planning Code Section 145 to define bicycle parking as an active use; (4) the San Francisco Planning Code Sections 102.9, 155(j), 157.1, 249.46 and 307; (5) the San Francisco Environment Code Section 402 to revise cross-references to the San Francisco Planning Code; and would (6) make 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. The Planning Commission initiated this legislation on August 9th, 2012 and held an informational hearing on December 13, 2012.
Preliminary Recommendation: Adopt a Recommendation for Approval
(Continued from Regular Meeting of March 21, 2013)
(Proposed for Continuance to May 16, 2013)
4. 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
(Continued from Regular Meeting of April 4, 2013)
(Proposed for Continuance to June 13, 2013)
5. 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 April 4, 2012)
(Proposed for Continuance to June 13, 2013)
B. COMMISSION 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 for April 11, 2013
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.
C. STAFF REPORT
8. Director’s Report
9. Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.
D. GENERAL PUBLIC COMMENT – 15 MINUTES
At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. 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.
E. REGULAR CALENDAR
10a. 2011.1381ITZ (D. SÁNCHEZ: (415) 575-9082)
1111 8TH STREET - south side of 15th Street between De Haro Street and Carolina Street, Lots 002 and 003 in Assessor’s Block 3913; Channel Street, Carolina Street, 8th Street and Hooper Street, Lot 004 in Assessor’s Block 3808; and 7th Street, Irwin Street, 8th Street and Hooper Street, Lots 002 and 003 in Assessor’s Block 3820 – Notification by the Zoning Administrator of filing of an Institutional Master Plan for the California College of the Arts. Pursuant to Planning Code Section 304.5, the Planning Commission must hold a public hearing upon receiving a completed Institutional Master Plan. This public hearing is for receipt of public testimony only; receipt of this Institutional Master Plan does not constitute acceptance or approval of any proposed project contained therein.
Preliminary Recommendation: No Action Required
10b. 2011.1381ITZ (D. SÁNCHEZ: (415) 575-9082)
AMENDMENTS TO THE PLANNING CODE ADDING NEW SECTION 249.67 TO ESTABLISH THE ART AND DESIGN EDUCATIONAL SPECIAL USE DISTRICT [BOARD FILE NO. 11-1278] - The Commission will consider a proposed Ordinance introduced by Supervisor Cohen adding Planning Code Section 249.67 to establish the Art and Design Educational Special Use District at 1111 Eighth Street which will permit post-secondary educational institutional uses as of right and without use size limitations, permit student housing as of right, allow the Zoning Administrator to authorize temporary structures without public hearing provided the structure is occupied by a use allowed by the Special Use District, facilitate the continued operation of the California College of the Arts and provide a regulatory scheme for a potential future phased expansion of the campus, 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 101.1
Preliminary Recommendation: Adopt a Recommendation for Approval
11. 2013.0463U (A. RODGERS: (415) 558-6395)
The Commission will consider a proposed Ordinance amending Administrative Code, Chapter 31 sponsored by Supervisor Kim. This proposed Ordinance [BF No. 130248] would provide for appeals under the California Environmental Quality Act to the Board of Supervisors of environmental impact reports, negative declarations, exemption determinations, and determinations on modified projects; to clarify and update existing Chapter 31 procedures, including without limitation: to provide for the Planning Department or Planning Commission to approve all exemption determinations; to require the Planning Department to establish an electronic notification system; to expand noticing of exempt projects; to require new noticing when filing notices of exemption and notices of determination; to revise noticing of negative declarations and environmental impact reports for plans of 20 acres or more; to provide an expanded role for the Historic Preservation Commission; and making environmental findings.
Preliminary Recommendation: Pending
12. 2013.0464T (A. STARR: (415) 558-6362)
SMALL BUSINESS MONTH MAY 2013 – FEE WAIVER PROGRAM - The Planning Commission will consider a proposed Ordinance recognizing Small Business Month in May 2013 sponsored by Supervisor Katy Tang. This proposed Ordinance would amend the San Francisco Planning Code and the San Francisco Building Code to waive fees for the month of May for certain façade improvements and make findings, including environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.
Preliminary Recommendation: Approval with Modifications
13. 2004.0482CE! (M. WOODS: (415) 558-6315)
5400 GEARY BOULEVARD - northwest corner at 18th Avenue; Lot 008 in Assessor’s Block 1450 - Request for Conditional Use Authorization pursuant to Planning Code Sections 121.1, 121.2, 303, 712.11 and 712.21 to allow a development lot size exceeding 9,999 square feet and a non-residential use size exceeding 5,999 square feet, in a NC-3 (Moderate-Scale Neighborhood Commercial) District and 40-X Height and Bulk District. The proposed project includes the renovation of the existing Alexandria Theatre building, and the construction of a new four-story mixed-use building containing ground floor retail storefronts and 37 dwelling units, at the adjacent surface parking lot. The new building will provide two levels of underground parking with 122 spaces.
Preliminary Recommendation: Approval with Conditions
14a. 2012.0596DV (M. Smith: (415) 558-6322)
165 -167 ROOSEVELT WAY - at the intersection of 15th Street; Lot 030 in Assessor's Block 2608 - Request for Discretionary Review of Building Permit Application No. 2012.05.17.0707 proposing to construct a one-story vertical addition, construct horizontal additions at the west and north elevations of the building, replace the rear stairs, add rear balconies, and alter the building’s exterior and interior plan of a two family dwelling located within a RH-2 (Residential, House, Two-Family) District and 40-X Height and Bulk District.
Staff Analysis: Abbreviated Discretionary Review
Preliminary Recommendation: Do not take Discretionary Review and approve
14b. 2012.0596DV (M. Smith: (415) 558-6322)
165 -167 ROOSEVELT WAY - at the intersection of 15th Street; Lot 030 in Assessor's Block 2608 - Request for a Rear Yard Variance pursuant to Section 134 of the Planning Code for Building Permit Application No. 2012.05.17.0707 proposing to replace the rear stairs and add balconies to the rear of a two family dwelling located within a RH-2 (Residential, House, Two-Family) District and 40-X Height and Bulk District.
F. PUBLIC COMMENT
At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting with one exception. When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Commission has closed the public hearing, your opportunity to address the Commission must be exercised during the Public Comment portion of the Calendar. Each member of the public may address the Commission for up to three minutes.
The Brown Act forbids a commission from taking action or discussing any item not appearing on the posted agenda, including those items raised at public comment. In response to public comment, the commission is limited to:
(1) responding to statements made or questions posed by members of the public; or
(2) requesting staff to report back on a matter at a subsequent meeting; or
(3) directing staff to place the item on a future agenda. (Government Code Section 54954.2(a))
Adjournment
