SAN FRANCISCO PLANNING COMMISSION
NOTICE OF HEARING & AGENDA

Commission Chambers, Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689

Thursday, October 10, 2013
12:00 p.m.
Regular Meeting

Commissioners:
Rodney Fong, President
Cindy Wu, Vice President
Michael Antonini, Gwyneth Borden, Rich Hillis, Kathrin Moore, Hisashi Sugaya  

Acting Commission Secretary: Jonas P. Ionin

Hearing Materials are available at:
Website: http://www.sfplanning.org
Planning Department, 1650 Mission Street, 4th Floor, Suite 400
Planning Information Center, 1660 Mission Street, 1st Floor
Voice recorded Agenda only: (415) 558-6422  

Commission Hearing Broadcasts:
Live stream: http://www.sfgovtv.org
Live, Thursdays at 12:00 p.m., Cable Channel 78
Re-broadcast, Fridays at 8:00 p.m., Cable Channel 26

Disability accommodations available upon request to:
commissions.secretary@sfgov.org or (415) 558-6309 at least 48 hours in advance.

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.

Members of the public are not required to provide personal identifying information when they communicate with the Commission or the Department. All written or oral communications, including submitted personal contact information, may be made available to the public for inspection and copying upon request and may appear on the Department’s website or in other public documents.

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 the Sunshine Ordinance Task Force at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 409; phone (415) 554-7724; fax (415) 554-7854; or 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.sfbos.org/sunshine.

San Francisco Lobbyist Ordinance

Individuals and entities that influence or attempt to influence local legislative or administrative action may 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 San Francisco Ethics Commission at 25 Van Ness Avenue, Suite 220, San Francisco, CA 94102; phone (415) 252-3100; fax (415) 252-3112; and online http://www.sfgov.org/ethics.

Accessible Meeting Information

Commission hearings are held in Room 400 at City Hall, 1 Dr. Carlton B. Goodlett Place in San Francisco. City Hall is open to the public Monday through Friday from 8:00 a.m. to 8:00 p.m. and is accessible to persons using wheelchairs and other assistive mobility devices. Ramps are available at the Grove, Van Ness and McAllister entrances. The wheelchair lift at the Polk Street entrance is currently under repair.

Transit: The nearest accessible BART station is Civic Center. Accessible MUNI Metro lines are the F, J, K, L, M, N, T (exit at Civic Center or Van Ness stations). MUNI bus routes also serving the area are the 5, 6, 9, 19, 21, 47, 49, 71, and 71L. For more information regarding MUNI accessible services, call (415) 701-4485 or call 311.

Parking: Accessible parking is available at the Civic Center Underground Parking Garage (McAllister and Polk), and at the Performing Arts Parking Garage (Grove and Franklin). Accessible curbside parking spaces are located all around City Hall.

Disability Accommodations: To request assistive listening devices, sign language interpreters, readers, large print agendas or other accommodations, please contact the Commission Secretary at (415) 558-6309, or commissions.secretary@sfgov.org at least 48 hours in advance of the hearing.

Language Assistance: To request an interpreter for a specific case during the hearing, please contact the Commission Secretary at (415) 558-6309, or commissions.secretary@sfgov.org at least 48 hours in advance of the hearing. Allergies: In order to assist the City in accommodating persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, please refrain from wearing scented products (e.g. perfume and scented lotions) to Commission hearings.

SPANISH:

Agenda para la Comisión de Planificación. Si desea asistir a la audiencia, y quisiera obtener información en Español o solicitar un aparato para asistencia auditiva, llame al 415-558-6309. Por favor llame por lo menos 48 horas de anticipación a la audiencia.

CHINESE:

規劃委員會議程。聽證會上如需要語言協助或要求輔助設備，請致電415-558-6309。請在聽證會舉行之前的至少48個小時提出要求。

TAGALOG:

Adyenda ng Komisyon ng Pagpaplano. Para sa tulong sa lengguwahe o para humiling ng Pantulong na Kagamitan para sa Pagdinig (headset), mangyari lamang na tumawag sa 415-558-6309. Mangyaring tumawag nang maaga  (kung maaari ay 48 oras) bago sa araw ng Pagdinig.

RUSSIAN:

Повестка дня Комиссии по планированию. За помощью переводчика или за вспомогательным слуховым устройством на время слушаний обращайтесь по номеру 415-558-6309. Запросы должны делаться минимум за 48 часов до начала слушания.

 

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.

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

1. 2012.1225C - 4555 CALIFORNIA STREET - southeast corner of California Street and 8th Avenue, Lot 041A in Assessor’s Block 1426 - Request for Conditional Use Authorization pursuant to Planning Code Sections 182, 186, 303, 716.44 and 790.91 to legalize the addition of a restaurant use component to an existing retail grocery use (DBA “Village Market”) that is a LCU (Limited Commercial Use), within the RM-1 (Mixed Residential, Low Density) and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code. (S. LAI: 415.575.9087

Preliminary Recommendation: Approve with Conditions

2. 2013.1105Q - 4752 – 4760 17th STREET – northeast corner at Cole Street; lot 018 in Assessor’s Block 1286 – Request for Condominium Conversion Subdivision to convert a three-story, five-unit building into residential condominiums within a RH-2 (Residential-House, Two Family) Zoning District and 40-X Height and Bulk District. (K. BURNS: (415) 575-9112)

Preliminary Recommendation: Approve

3. 2013.1273Q - 747 Lyon Street – southwest corner at Golden Gate Avenue; lot 001 in Assessor’s Block 1159 – Request for Condominium Conversion Subdivision to convert a three-story, six-unit building into residential condominiums within a RH-3 (Residential-House, Two-family) Zoning District and 40-X Height and Bulk District. (K. BURNS: (415) 575-9112)

Preliminary Recommendation: Approve

4. 2013.1174Q - 1747 – 1757 Larkin Street – southwest corner at Jackson Street; lot 001 in Assessor’s Block 0597 – Request for Condominium Conversion Subdivision to convert a three-story, mixed used building with five dwelling units and one commercial space at the ground floor into five residential condominiums and one commercial condominium within a RM-2 (Residential-Mixed, Moderate Density) Zoning District and 65-A Height and Bulk District. (K. BURNS: (415) 575-9112)

Preliminary Recommendation: Approve

C. COMMISSION MATTERS

5. Consideration of Adoption:

• Draft Minutes for September 26, 2013

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. 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. 2013.0617MZ - “ADJACENT PARCELS” AND WESTERN SOMA CLEANUP -- AMENDMENTS TO THE GENERAL PLAN AND ZONING MAPS - Staff will request the Planning Commission consider approving Resolutions to Adopt Amendments to the General Plan and Zoning Maps to implement the rezoning of orphaned parcels adjacent to the Western SoMa Plan Area, correct the zoning and heights of several parcels within the Western SoMa Plan Area, and amend the boundaries of the East SoMa, Western SoMa, and Market and Octavia Plan Areas to include the “Adjacent Parcels.” (C. TEAGUE: (415) 575-9081)

Preliminary Recommendation: Approve with Conditions
(Continued from Regular Meeting of September 12, 2013)

10. 2013.0224C - 3331 24th STREET - south side, between Mission and Bartlett Streets, Lot 025 in Assessor’s Block 6516 - Request for Conditional Use Authorization under Planning Code Sections 303, 736.24, and 790.70, to establish an outdoor activity area, for seating and bocce ball, located the rear of an existing restaurant (d.b.a. Rustic) in the Mission Street NCT (Neighborhood Commercial Transit) Zoning District and 55-X Height and Bulk designation. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code. (D. HARRIS: (415) 575-9102)

Preliminary Recommendation: Approve with Conditions
(Continued from Regular Meeting of September 19, 2013)

11a. 2007.0385EBKX - 345 BRANNAN STREET - south side of Brannan Street, between Stanford and 3rd Streets; Lot 039 of Assessor's Block 3788 - Request for Adoption of Findings pursuant to Section 295 of the Planning Code regarding a Shadow Study that concluded that the shadow cast by the construction of a five-story, 65-foot tall building would not be adverse on South Park, land under the jurisdiction of the San Francisco Recreation and Park Department. The property is within a MUO (Mixed Use Office) District and 65-X Height and Bulk District. (D. SANCHEZ: (415) 575-9082)

Preliminary Recommendation: Adopt Findings

11b. 2007.0385EBKX - 345 BRANNAN STREET - south side of Brannan Street, between Stanford and 3rd Streets; Lot 039 of Assessor's Block 3788 - Request for Large Project Authorization and exception under Planning Code Sections 329 and 136 for a front setback obstruction for the proposed construction of a five-story, 65-foot building of approximately 116,650 square feet.  The property is within a MUO (Mixed Use Office) District and 65-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code. (D. SANCHEZ: (415) 575-9082)

Preliminary Recommendation: Approve with Conditions

11c. 2007.0385EBKX - 345 BRANNAN STREET - south side of Brannan Street, between Stanford and 3rd Streets; Lot 039 of Assessor's Block 3788 - Request for Office Development Authorization pursuant to Planning Sections  321 and 322 to establish 102,585 square feet of office use within a five-story, 65-foot building.  The property is within a MUO (Mixed Use Office) District and 65-X Height and Bulk District.  (D. SANCHEZ: (415) 575-9082)

Preliminary Recommendation: Approve with Conditions

12a. 2010.0101CV - 658-666 SHOTWELL STREET - located between 20th and 21st Streets, Lot 062 in Assessor’s Block 3611 - Request for a Conditional Use Authorization, pursuant to Planning Code Section 209.3(c) and 303 for expansion of a residential care facility (d.b.a Morning Star Residences) from 29 beds to 30 beds and for the new construction of a two-story single-family residence for use as a caretaker’s dwelling. The subject property is located within a RH-3 (Residential, House, Three-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code. (R. SUCRÉ:  (415) 575-9108)

Preliminary Recommendation: Approve with Conditions

12b. 2010.0101CV - 658-666 SHOTWELL STREET - located between 20th and 21st Streets, Lot 062 in Assessor’s Block 3611 - Request for Rear Yard and Open Space Variances, pursuant to Planning Code Section 134 and 135, for the new construction of a two-story single-family residence for use as a caretaker’s dwelling associated with the existing residential care facility (d.b.a. Morning Star Residences). The proposal would 1) construct a new residence without providing for the required rear yard; and, 2) would provide the required 1,450 sq ft of useable common open space for the residential care facility and new single family residence; however, not according to the dimensions specified in the Planning Code and not of a character that is suitable. The subject property is located within a RH-3 (Residential, House, Three-Family) Zoning District and 40-X Height and Bulk District.  (R. SUCRÉ:  (415) 575-9108)

13. 2013.0407C - 2407 MISSION STREET - southwestern corner of Mission Street and 20th Street, Lot 029 in Assessor’s Block 3610 - Request for Conditional Use Authorization under Planning Code Sections 303 and 703.4(b) to establish a Formula Retail use (d.b.a. T-Mobile) within the Mission Street NCT (Neighborhood Commercial Transit) Zoning District and 55-X Bulk and Height District.  (E. JACKSON: (415) 558-6363)

Preliminary Recommendation: Approve with Conditions

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

Hearing Procedures

The Planning Commission holds public hearings regularly, on most Thursdays. The full hearing schedule for the calendar year and the Commission Rules & Regulations may be found online at: www.sfplanning.org.

Public Comments: Persons attending a hearing may comment on any scheduled item.

- When speaking before the Commission in City Hall, Room 400, please note the timer indicating how much time remains. Speakers will hear two alarms. The first soft sound indicates the speaker has 30 seconds remaining. The second louder sound indicates that the speaker’s opportunity to address the Commission has ended.

Sound-Producing Devices Prohibited: The ringing of and use of mobile phones and other sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal of any person(s) responsible for the ringing or use of a mobile phone, pager, or other similar sound-producing electronic devices (67A.1 Sunshine Ordinance: Prohibiting the use of cell phones, pagers and similar sound-producing electronic devices at and during public meetings).

For most cases (CU’s, PUD’s, 309’s, etc…) that are considered by the Planning Commission, after being introduced by the Commission Secretary, shall be considered by the Commission in the following order:

Every Official Act taken by the Commission must be adopted by a majority vote of all members of the Commission, a minimum of four (4) votes. A failed motion results in the disapproval of the requested action, unless a subsequent motion is adopted. Any Procedural Matter, such as a continuance, may be adopted by a majority vote of members present, as long as the members present constitute a quorum (four (4) members of the Commission).

For Discretionary Review cases that are considered by the Planning Commission, after being introduced by the Commission Secretary, shall be considered by the Commission in the following order:

The Commission must Take DR in order to disapprove or modify a building permit application that is before them under Discretionary Review. A failed motion to Take DR results in a Project that is approved as proposed.

Hearing Materials

Materials submitted to the Planning Commission prior to a scheduled hearing will become part of the public record only when the materials are also provided to the Commission Secretary and/or Project Planner. Correspondence may be emailed directly to the Commission Secretary at: commissions.secretary@sfgov.org.

Persons unable to attend a hearing may submit written comments regarding a scheduled item to: Planning Commission, 1650 Mission Street, Suite 400, San Francisco, CA 94103-2414. Written comments received by the close of the business day prior to the hearing will be brought to the attention of the Planning Commission and made part of the official record.

Advance Submissions: To allow Commissioners the opportunity to review material in advance of a hearing, materials must be received by the Planning Department reception eight (8) days prior to the scheduled public hearing. All submission packages must be delivered to1650 Mission Street, Suite 400, by 5:00 p.m. and should include fifteen (15) copies.

Day-of Submissions: Material related to a calendared item may be distributed at the hearing. Please provide ten (10) copies for distribution.

Appeals

The following is a summary of appeal rights associated with the various actions that may be taken at a Planning Commission hearing.

 

Case Type	Case Suffix	Appeal Period*	Appeal Body
Certificate of Appropriateness	A	30 calendar days	Board of Appeals**
Office Allocation	B	15 calendar days	Board of Appeals**
Conditional Use Authorization and Planned Unit Development	C	30 calendar days	Board of Supervisors
Building Permit Application (Discretionary Review)	D	15 calendar days	Board of Appeals
EIR Certification	E	30 calendar days	Board of Supervisors
Permit to Alter/Demolish	H	30 calendar days	Board of Appeals**
Coastal Zone Permit	P	15 calendar days	Board of Appeals
Planning Code Amendments by Application	T	30 calendar days	Board of Supervisors
Variance (Zoning Administrator action)	V	10 calendar days	Board of Appeals
Permit Review in C-3 Districts, Downtown Residential Districts and Large Project Authorization in Eastern Neighborhoods	X	15 calendar days	Board of Appeals
Zoning Map Change by Application	Z	30 calendar days	Board of Supervisors

 

* Appeals of Planning Commission decisions on Building Permit Applications (Discretionary Review) must be made within 15 days of the date the building permit is issued/denied by the Department of Building Inspection (not from the date of the Planning Commission hearing).  Appeals of Zoning Administrator decisions on Variances must be made within 10 days from the issuance of the decision letter.

**An appeal of a Certificate of Appropriateness or Permit to Alter/Demolish may be made to the Board of Supervisors if the project requires Board of Supervisors approval or if the project is associated with a Conditional Use Authorization appeal.  An appeal of an Office Allocation may be made to the Board of Supervisors if the project requires a Conditional Use Authorization.

For more information regarding the Board of Appeals process, please contact the Board of Appeals at (415) 575-6880.  For more information regarding the Board of Supervisors process, please contact the Clerk of the Board of Supervisors at (415) 554-5184 or board.of.supervisors@sfgov.org.

Challenges: 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.

CEQA Appeal Rights under Chapter 31 of the San Francisco Administrative Code: If the Commission’s action on a project constitutes the Approval Action for that project (as defined in S.F. Administrative Code Chapter 31, as amended, Board of Supervisors Ordinance Number 161-13), then the CEQA determination prepared in support of that Approval Action is thereafter subject to appeal within the time frame specified in S.F. Administrative Code Section 31.16. This appeal is separate from and in addition to an appeal of an action on a project. Typically, an appeal must be filed within 30 calendar days of the Approval Action for a project that has received an exemption or negative declaration pursuant to CEQA. For information on filing an appeal under Chapter 31, contact the Clerk of the Board of Supervisors at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102, or call (415) 554-5184. If the Department’s Environmental Review Officer has deemed a project to be exempt from further environmental review, an exemption determination has been prepared and can be obtained on-line at http://www.sf-planning.org/index.aspx?page=3447. Under CEQA, in a later court challenge, a litigant may be limited to raising only those issues previously raised at a hearing on the project or in written correspondence delivered to the Board of Supervisors, Planning Commission, Planning Department or other City board, commission or department at, or prior to, such hearing, or as part of the appeal hearing process on the CEQA decision.