SAN FRANCISCO
PLANNING COMMISSION

Notice of Hearing and Agenda

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

Thursday, April 24, 2014

12:00pm

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

Commission Secretary:
Jonas P. Ionin

Hearing Materials are available at:
Website: http://www.sfplanning.org
Planning Department, 1650 Mission Street, 4^th Floor, Suite 400
Planning Information Center, 1660 Mission Street, 1^st 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 and language accommodations available upon request to:commissions.secretary@sfgov.org
or (415) 558-6309 at least 48 hours in advance.

[Ordinance, Accessibility and Language details - click here]

ROLL CALL:

President: Cindy Wu
Vice-President: Rodney Fong
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. 2013.1651Q    (A. KIRBY: (415) 575-9133)
700 CABRILLO STREET – northwest corner of Cabrillo Street and 8th Avenue; Lot 005A in Assessor’s Block 1636 – Request for Condominium Conversion Subdivision to convert a two-story-over-basement, five-unit building into residential condominiums within a RH-2 (Residential, Housing, Two-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.
Preliminary Recommendation: Approve
(Proposed for Continuance to May 15, 2014)

2. 2014.0363Q    (A. KIRBY: (415) 575-9133)
545 ASHBURY STREET – west side of Ashbury Street between Haight and Page Streets; Lot 008 in Assessor’s Block 1231 – Request for Condominium Conversion Subdivision to convert a two-story-over-garage, five-unit building into residential condominiums within a RH-3 (Residential, House, Three-Family) Zoning District and a 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.
Preliminary Recommendation: Approve
(Proposed for Continuance to May 15, 2014)

3a.   2013.0205CEKV  (C. LAMORENA: (415) 575-9085)
395 26th AVENUE - northwest corner of Clement Street and 26th Avenue; Lot 017 in Assessor’s Block 1407 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 717.39 to allow the demolition of an existing two-story mixed-use building containing two dwelling units with ground floor commercial space and construct two buildings, a 45-foot tall, four-story mixed-use building fronting on Clement Street, containing three dwelling units, four residential parking spaces with ground floor commercial space and a 40-foot tall, four-story building fronting on 26th Avenue, containing three dwelling units and three residential parking spaces within the Outer Clement Street Neighborhood Commercial 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.
Preliminary Recommendation: Approve with Conditions
(Continued from Regular Meeting of February 20, 2014)
(Proposed for Continuance to September 4, 2014)

3b.   2013.0205CEKV     (C. LAMORENA: (415) 575-9085)
395 26th AVENUE - northwest corner of Clement Street and 26th Avenue; Lot 017 in Assessor’s Block 1407 - Request for Rear Yard Modification from Planning Code Section 134(e), which requires a 25-percent rear yard at all levels and a Variance from Planning Code Section 145.1, which establishes street frontage requirements in the NC Zoning District, including requirements that parking be set back 25 feet at the ground floor from any street frontage. The project proposes new construction of two buildings, each of which do not provide the required rear yard depth on the ground floor and propose parking that is not set back 25 feet from the street frontage. The property is located within the Outer Clement Street Neighborhood Commercial Zoning District and 40-X Height and Bulk District.
(Continued from Regular Meeting of February 20, 2014)
(Proposed for Continuance to September 4, 2014)

4.  2013.1529Z     (A. STARR: (415) 558-6362)
904  22ND STREET  - Zoning Map Amendment -  Ordinance amending the Zoning Map, to re-zone the property located at 904-22nd Street (Assessor's Block No. 4106, Lot No. 015) from RH-3 (Residential, Housing, Three Family) to UMU (Urban Mixed Use); and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1.
Preliminary Recommendation: Adopt a Recommendation for Approval
(Continued from Regular Meeting of February 13, 2014)
(Proposed for Indefinite Continuance)

B. CONSENT CALENDAR

All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and may 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.

5. 2013.1654C   (S. VELLVE: (415) 558-6263)
3201 CALIFORNIA STREET – at the southwest corner of California Street and Presidio Avenue; Lot 002 of Assessor’s Block 1032 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 711.11, 711.21, and 711.49 to infill an interior atrium at the second floor of the existing financial service (SF Fire Credit Union) by approximately 2,300 square feet and to allow a use size in excess of 4,000 square feet on a lot in excess of 10,000 square feet within a NC-2 (Small-Scale Neighborhood Commercial District) and 40-X Height and Bulk District. A physical expansion of the existing building is not proposed. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.
Preliminary Recommendation:  Approve with Conditions

6. 2013.1693C     (C. LAMORENA: (415) 575-9085)
1701 OCTAVIA STREET – northwest corner of Octavia and Bush Streets; Lot 005 of Assessor’s Block 0663 – Request for Conditional Use Authorization pursuant to Planning Code Section 303(e) to amend the Conditions of Approval (Condition #7) of Motion No. 14889 to eliminate valet parking service on Sunday through Thursday evenings at the existing Restaurant (d.b.a. Baker and Banker) within a RH-2 (Residential, House, Two-Family) 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.
Preliminary Recommendation: Approve with Conditions

C. COMMISSION MATTERS

7.   Consideration of Adoption:

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.

8. 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

9. Director’s Announcements

10. Review of Past 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.  With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting.  Each member of the public may address the Commission for up to three minutes.

F. REGULAR CALENDAR 

11.   2007.1275E       (S. SMITH: (415) 558-6373)
San Francisco 2004 and 2009 Housing Element – Rescind Planning Commission Motion 18307 and Certification of the Final Environmental Impact Report. The proposed project is the 2004 and 2009 Housing Elements. The Housing Element is a policy document that consists of goals and policies to guide the City and private and non-profit developers in providing housing for existing and future residents to meet projected housing demand, as required under Government Code section 65580 et seq. The San Francisco Planning Commission certified the Environmental Impact Report for the 2004 and 2009 Housing Element on March 24, 2011.  However, pursuant to a court order, this certification must be set aside. In addition, pursuant to a court order, the Planning Department has revised and recirculated Chapter VII Alternatives of the EIR and published a Responses to Comments document addressing comments received on the revised EIR. 
Please Note: The public comment period for the revised portions of the Draft EIR was from December 18, 2013 to February 18, 2014. The Commission will take public comment on this item when it is called; however, because the public comment period on the revised portions of the Draft EIR closed on February 18, 2014, any comments received after that date, including any comments provided orally or in writing at this hearing, will not be responded to in writing.
Preliminary Recommendation: Rescind Motion No. 18307 and Certify the Final EIR

12a.  2007.1275EM  (M. MOHAN: (415) 558-6284)
2009 HOUSING ELEMENT UPDATE - Adopting CEQA Findings on approval of the 2009 Housing Element Update of the General Plan - and associated actions. 
Preliminary Recommendation:  Adopt

12b.  2007.1275EM  (M. MOHAN: (415) 558-6284)
2009 HOUSING ELEMENT UPDATE - Consideration of Adopting a Resolution Amending the General Plan - Pursuant to Planning Code Section 340 (c), the Commission will consider adopting amendments to the General Plan, including repealing the existing Housing Element of the General Plan, adopting the 2009 Housing Element update, and related actions, making Planning Code Section 101.1 findings, and recommending that the Board of Supervisors adopt an Ordinance approving the amendments.  The 2009 Housing Element Update is required by State Law, and includes Part 1: Data and Needs Analysis, which contains a description and analysis of San Francisco’s population, household and employment trends, existing housing characteristics, and housing needs; Part 2: Objectives, Policies; and a series of Appendices including Implementing Programs, which sets forth actions to help address the City’s needs.
Preliminary Recommendation:  Adopt

13.   2013.0963U    (K. BURNS: (415) 575-9112)
FORMULA RETAIL CONTROLS TODAY AND TOMORROW  - Informational Presentation – The final information item of the Formula Retail Controls series. This item was first heard by the Commission on July 25, 2013.  On January 23, 2014 staff presented preliminary citywide analysis and a draft timeline of project deliverables, opportunities for public participation, and Planning Commission hearings to report results. On February 27, 2014, staff presented the draft Phase 1 report with revisions based upon the last hearing and four preliminary issue briefs. Today’s hearing will be a presentation of the draft final economic study commissioned by the Planning Department focused on analyzing economic and land use impacts of formula retail establishments and controls on San Francisco’s neighborhoods and an opportunity for public comment and Commissioner feedback on the draft report. The economic study commissioned by the Department will provide data, analysis, and data visualization that will inform the Department’s policy recommendations to the Commission. The Commission is tentatively scheduled to consider policy recommendations for formula retail controls on May 8, 2014. 
Preliminary Recommendation: None – Informational

14.   2013.1610C   (M. SMITH: (415) 558-6322)
2175 MARKET STREET - southeast corner of Market and 15th Streets; Lot 011 in Assessor’s Block 3543 - Request for Conditional Use Authorization, pursuant to Planning Code Sections:  303, 733.21 (use size), 145.4(d) (for an individual ground floor nonresidential use that occupies more than 75 contiguous linear feet along the Market Street façade); 733.41 (bar use) and 733.44 (restaurant use), for a project proposing to amend motion No. 18715 as it applies to the ground floor retail spaces only, to combine the retail spaces and add additional restaurant and bar uses.  The goal is to create an approximately 6,300 square-foot “marketplace” retail concept within the ground floor retail space of a mixed-use building that is currently under construction.  The “marketplace” concept is designed to create a one stop market place featuring multiple local businesses in a shared space. The project site is located within the Upper Market Street NCT (Neighborhood Commercial Transit) District and 40-X/60/65-X Height and Bulk Districts and within the Market and Octavia Area Plan.  This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.
Preliminary Recommendation:  Approve with Conditions

15a.  2012.1362CEV     (M. SMITH: (415) 558-6322)
2198 MARKET STREET - northeast corner at Sanchez Street; Lot 039 in Assessor’s Block 3542 - Request for Conditional Use Authorization, pursuant to Planning  Code  Sections:  303, 155 (new curb cut along Sanchez Street, an official City bike route), 733.11 (to develop a lot exceeding 9,999 square feet), 733.44 (to establish a restaurant), and 145.4(d) (for an individual ground floor nonresidential use that occupies more than 75 contiguous linear feet along the Market Street façade), for a project proposing to construct a new 4- to 6-story (40’ to 65’ in height) mixed use building, containing approximately 107,409 gross square feet on a vacant, 18,626 square-foot lot.  The proposed building would have 87 dwelling units, 36 off-street parking spaces and 89 “class 1” bicycle parking spaces within a basement level garage, and 5,115 sq. ft. of ground floor commercial space along Market St., a portion of which would be occupied by a yet to be determined restaurant use as defined in Section 790.91 of the Code.  The proposed building would provide approximately 7,165 square feet of common usable open space.  The project also requires variances from the Planning Code for rear yard, dwelling unit exposure, bay window width, and ground floor ceiling height.  The project site is located within the Upper Market Street NCT (Neighborhood Commercial Transit) District and 40-X and 60/65-X Height and Bulk Districts, within the Market and Octavia Area Plan.  CEQA (California Environmental Quality Act) Findings will also be adopted as part of the project approvals. 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.
Preliminary Recommendation:  Approve with Conditions

15b.  2012.1362CEV  (M. SMITH: (415) 558-6322)
2198 MARKET STREET - northeast corner at Sanchez Street; Lot 039 in Assessor’s Block 3542 - Request for Variances from Planning Code Sections: 134, for rear yard; 145.1, for ground floor non-residential  ceiling  height  that  is  less than 14-feet in height;  136, for the width of five bay windows; and 140, for dwelling unit exposure, for a project  proposing to construct a new 4- to 6-story, (40’ to 65’ in height) mixed use building containing approximately 107,409 gross square feet,  on a vacant 18,626 square-foot vacant lot.  The proposed building would have 87 dwelling units, 36 off-street parking spaces and 89 “class 1” bicycle parking spaces within a basement level garage, and 5,115 sq. ft. of ground floor commercial space along Market St., a portion of which would be occupied by a yet to be determined restaurant use as defined in Section 790.91 of the Code.  The proposed building would provide approximately 7,165 square feet of common usable open space.  The project site is located within the Upper Market Street NCT (Neighborhood Commercial Transit) District and 40-X and 60/65-X Height and Bulk Districts, within the Market and Octavia Area Plan. 

G. DISCRETIONARY REVIEW CALENDAR

The Commission Discretionary Review Hearing Procedures provide for presentations by staff; followed by the DR requestor team; followed by public comment opposed to the project; followed by the project sponsor team; followed by public comment in support of the project.  Please be advised that the DR requestor and project sponsor teams include: the DR requestor and sponsor or their designee, lawyers, architects, engineers, expediters, and/or other advisors.

16.   2013.1765D     (C. LAMORENA: (415) 575-9085)
1264  6TH AVENUE – east side between Hugo and Irving Streets; Lot 019 in Assessor’s Block 1754 - Request for Discretionary Review of Building Permit Application No. 2013.06.26.0594, proposing to construct a two-to-three-story horizontal addition with a roof deck above the second story portion of the addition (approximately 4 feet deep by 16 feet wide) at the rear of the existing two-story-over-garage, single-family dwelling within the RH-1 (Residential, House, One-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.
Staff Analysis: Abbreviated Discretionary Review
Preliminary Recommendation: Do not take Discretionary Review and Approve

17.   2013.1009D     (D. VU: (415) 575-9120)
1257 ULLOA STREET – south side between 14th and Forest Side Avenues; Lot 010 in Assessor’s Block 2410 – Request for Discretionary Review of Building Permit Application No. 2011.03.08.1595, proposing to construct a new basement, rear horizontal and vertical additions to an existing two-story single-family dwelling within a RH-1 (Residential, House – One-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.
Staff Analysis:  Full Discretionary Review
Preliminary Recommendation:  Take Discretionary Review and Approve with Modifications

H. 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 - click here]