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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, May 16, 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. 2011.0430E (D. LEWIS: (415) 575-9095)
480 POTRERO AVENUE - northwest corner of Potrero Avenue and Mariposa Street; Lot 2C in Assessor’s Block 3973 - Appeal of a Preliminary Mitigated Negative Declaration - The proposed project involves construction of a six-story, 58-foot-tall, residential building approximately 89,600 square feet in size on a vacant lot. The building would contain 84 residential units (26 one-bedroom and 58 two-bedroom) and 38 parking spaces in a one-level basement parking garage accessed from Mariposa Street. The project site is within the Urban Mixed Use Zoning District and 58-X Height and Bulk District, and in the Mission Area Plan area of the Eastern Neighborhoods. (LEWIS)
Preliminary Recommendation: Uphold the Preliminary Mitigated Negative Declaration
(Continued from Regular Meeting of March 21, 2013)
(Proposed for Continuance to June 20, 2013)
2. 2011.0099C (D. VU: (415) 575-9120)
1759 LINCOLN WAY - southeast corner of 19th Avenue and Lincoln Way; Lot 043 in Assessor’s Block 1732 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 157, 187.2 and 303, to demolish four service bays, construct a new convenience store and mechanical car wash, and provide two accessory parking spaces above the amount permitted by the Planning Code at an existing Automotive Service Station (d.b.a. Shell) within an RM-2 (Residential – Mixed, Moderate Density) District, and a 40-X Height and Bulk District.
Preliminary Recommendation: Approve with Conditions
(Proposed for Continuance to June 20, 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. 2013.0039C (B. BENDIX: (415) 575-9114)
2704-2706 24TH STREET - north side, between Potrero Avenue and Hampshire Street, Lot 035 in Assessor’s Block 4211 - Request for Conditional Use Authorization under Planning Code Section 145.2, 303, 727.24, and 727.44 to establish a new restaurant (d.b.a. Sous Beurre Kitchen), with an outdoor activity area at the rear, in the 24th Street – Mission NCT (Neighborhood Commercial Transit) Zoning District and 65-X Height and Bulk designation.
Preliminary Recommendation: Approve with Conditions
4. 2012.1184C (D. VU: (415) 575-9120)
2239 TARAVAL STREET - south side between 32nd and 33rd Avenues; Lot 042 in Assessor’s Block 2393 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303(p), 741.43 and 781.1, to establish a Limited-Restaurant (d.b.a. Wing Shing Bakery) in a new commercial space within the Taraval Street Neighborhood Commercial (NCD) District, and 40-X Height and Bulk District.
Preliminary Recommendation: Approve with Conditions
C. 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.
5. Consideration of Adoption:
· Draft Minutes for May 2, 2013
6. 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. DEPARTMENT MATTERS
7. Director’s Announcements
8. 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. 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
9. 2008.1396E (T. JOHNSTON: (415) 575-9035)
REGIONAL GROUNDWATER STORAGE AND RECOVERY PROJECT - Public Hearing on the Draft Environmental Impact Report. The San Francisco Public Utilities Commission (SFPUC) is proposing a project to increase water supply reliability during dry years and in emergencies, by increasing water storage in the South Westside Groundwater Basin during wet and normal years for subsequent recapture during dry years. The proposed project consists of the construction and operation of 16 new groundwater production wells and water treatment facilities to recover the stored groundwater. Each well facility would include the construction of a groundwater production well and associated fenced enclosure or treatment building, distribution pipelines to connect the well to the existing regional water system or to the local distribution system, and overhead or underground utility connections. Most well facilities would provide disinfection and additional treatment (i.e., pH adjustment, fluoridation, and/or iron/manganese removal). In addition, the proposed project includes upgrades to the Westlake Pump Station to serve three new well facilities (Sites 2, 3, and 4), including new fluoride, chlorine, and ammonia chemical storage tanks, replaced or upgraded chemical metering pumps, a resized transformer, and up to three new booster pumps to deliver the additional water into the Daly City distribution system, all of which would be located within the existing pump station building. The SFPUC is proposing this project in coordination with its partner agencies, which include the cities of Daly City and San Bruno, and the California Water Service Company (Cal Water) in its South San Francisco service area (collectively referred to as Partner Agencies). The project includes operation of groundwater well facilities at 16 different locations in Daly City, Colma, South San Francisco, San Bruno, Millbrae, and in unincorporated San Mateo County.
NOTE: Written comments on the Draft EIR will be accepted at the Planning Department until 5:00 p.m. on May 28, 2013.
10. 2013.0524U (P. MALTZER: (415) 575-9078)
AMENDMENTS TO THE BUILDING AND HEALTH CODES TO EXPAND THE REQUIREMENTS FOR SOIL AND GROUNDWATER TESTING [BOARD FILE NO. 13-0369] - The Planning Commission will consider a proposed Ordinance amending Building Code, Section 106A.3.2.4, and Health Code, Sections 1220 through 1237, and adding Section 1219, to expand the boundaries and types of projects for which soil testing is required and to require testing of groundwater under specified circumstances; amending Public Works Code, Article 20, to eliminate soil testing provisions; renumbering code sections in Health Code, Article 22A; and making environmental findings.
Preliminary Recommendation: Adopt a Recommendation for Approval
11. 2011.0397M (K. HADDADAN: (415) 575-9068)
CONSIDERATION OF ADOPTING AMENDMENTS TO THE GENERAL PLAN RELATED TO THE SAN FRANCISCO BICYCLE PLAN - Pursuant to San Francisco Charter Section 4.105, Planning Code § 340(d) and § 306.3, adopt amendments to the General Plan, related to the San Francisco Bicycle Plan. The Planning Commission will consider adoption of amendments to the General Plan, including revisions to the Transportation Element and the Downtown Area Plan, any corresponding revisions to the Land Use Index of the General Plan, making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1. 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 adequately discuss several significant environmental impacts that cannot be mitigated. the reasons for rejecting as infeasible the alternatives identified in the EIR, and did not This action therefore re-adopts the previously adopted General Plan Amendments as described above, with modified environmental findings.
Preliminary Recommendation: Adopt a Recommendation for Approval
12. 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 April 25, 2013)
13a. 2012.1004CV (R. CRAWFORD: (415) 558-6358)
2280 MARKET STREET – north side at Noe Street; Lot 013 in Assessor’s Block 3560 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 703.4, Formula Retail, 733.21 Nonresidential Use Size and 733.27, Hours of Operation to develop a Formula Retail pharmacy store (d.b.a. CVS Pharmacy). The project will expand the retail space within the existing building from 7,100 square feet to 10,048 square feet. The hours of operation for the store will be 4 A.M. to 12 A.M. within the Upper Market Street Neighborhood Commercial Transit District and 40-X and 50-X Height and Bulk Districts.
Preliminary Recommendation: Approve with Conditions
13b. 2012.1004CV (R. CRAWFORD: (415) 558-6358)
2280 MARKET STREET – north side at Noe Street; Lot 013 in Assessor’s Block 3560 –Request for a Variance from the requirements of Planning Code Section 136(c) (1), Permitted Obstructions, to allow architectural details (metal lattice rain screen) to project 8 inches into the public right of way from the ground up for a height of 38 feet 6 inches. Planning Code Section 136(c)(1) allows the projection of architectural details into the public right of way provided they are no taller than 2 feet 6 inches in height and have a minimum of 7 feet 6 inches of vertical clearance from the sidewalk for a Formula Retail pharmacy store (d.b.a. CVS Pharmacy) within the Upper Market Street Neighborhood Commercial Transit District and 40-X and 50-X Height and Bulk Districts.
14a. 2005.1155DV (D SÁNCHEZ (415) 575-9082)
3249 17TH STREET - southeast corner of 17th and Capp Streets; Lot 063 in Assessor’s Block 3575 - Request for Discretionary Review of Building Permit Application No. 2010.03.24.8891 proposing alterations to an existing one-story, two-unit multifamily building that include a three-story vertical addition, eight foot horizontal rear addition, one new dwelling unit and a limited corner commercial restaurant use (dba Balompié) within a RTO-M (Residential, Transit Oriented, Mission Neighborhood) Zoning District and 55-X Height and Bulk District.
Preliminary Recommendation: Do Not Take Discretionary Review and Approve
14b. 2005.1155DV (D SÁNCHEZ (415) 575-9082)
3249 17TH STREET - southeast corner of 17th and Capp Streets; Lot 063 in Assessor’s Block 3575 - Request for Variance, pursuant to Planning Code Section 134, to provide a rear yard of 25 feet at the ground level and above where a rear yard of 33 feet is required within a RTO-M (Residential, Transit Oriented, Mission Neighborhood) Zoning District and 55-X Height and Bulk District.
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
