April 13, 2006

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, April 13, 2006

1:30 PM

Regular Meeting

 

President: Sue Lee

Vice-President:  Dwight S. Alexander

                        Commissioners: Michael J. Antonini; Shelley Bradford Bell; Kevin Hughes;

William L. Lee; Christina Olague

 

Commission Secretary: Linda D. Avery

 

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 1660 Mission Street, 5th 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, 1660 Mission Street, Suite 500, San Francisco, CA  94103-2414.  Comments received by 11:00 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 Commission Secretary at:  linda.avery@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.

 

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 Linda D.  Avery, 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, 1660 Mission St., 5th floor reception.

 

 

 

1:30 PM   _________

 

ROLL CALL:      Commission President:              Sue Lee 

                        Commission Vice-President:       Dwight S. Alexander

Commissioners:                         Michael J. Antonini; Shelley Bradford Bell; Kevin Hughes; William L. Lee; Christina Olague

 

• 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.

 

1a.         2005.0713D                                                                                  (B. FU: (415) 558-6613)

710 SILLIMAN STREET -north side between Dartmouth and Bowdoin Streets; Lot 006 in Assessor’s Block 5917 - Mandatory Discretionary Review, under the Planning Commission’s policy requiring review of housing demolition, of Demolition Permit Application No.2005.03.11.7350 to demolish an existing single-family dwelling (the project also proposes the construction of a new single-family dwelling) in an RH-1 (Residential, House, One-Family) District with a 40-X Height and Bulk Designation.

Preliminary Recommendation: Do not take DR and approve project as proposed.

                        (Continued from Regular Meeting of March 9, 2006)

                        (Proposed for Continuance to May 4, 2006)

 

1b.        2005.1070D                                                                                 (B. FU: (415) 558-6613)

710 SILLIMAN STREET    - north side between Dartmouth and Bowdoin streets; lot 006 in assessor’s block 5917 - Mandatory Discretionary Review, under the planning commission’s policy requiring review of new construction as a result of housing demolition, of building permit application no. 2005.03.11.7348 for the new construction of a single-family dwelling in an rh-1 (residential, house, one-family) district with a 40-x height and bulk designation.

Preliminary Recommendation: Do not take DR and approve project as proposed

(Continued from Regular Meeting of March, 2006)

(Proposed for Continuance to May 4, 2006)

 

2a.        2005.0488CEV                                                                          (T. Tam: (415) 558-6325)

25 LUSK STREET - north side between Townsend and Brannan Streets; Lot 22 in Assessor’s Block 3787 - Request for Conditional Use authorization, pursuant to Planning Code Sections 817.16 and 890.88(c) to allow construction of up to 26 single room occupancy units.  The project will include a two-story vertical addition to and conversion of an existing two-story-above-basement building with the existing Business -Service use in the basement retained. The property is in an SLI (Service, Light Industrial) District and a 65-X Height and Bulk District.

                                Preliminary Recommendation:  Approval with Conditions.

                        (Continued from Regular Meeting of March 16, 2006)

(Proposed for Continuance to May 4, 2006)

 

2b.        2005.0488CEV                                                                         (T. TAM: (415) 558-6325)

25 Lusk Street - north side between Townsend and Brannan Streets; Lot 22 in Assessor’s Block 3787- Request for a Variance from the Minimum Rear Yard, Parking, and Minimum Dimensions for Usable Open Space requirements set forth in Planning Code Sections 134, 151, 135(f)(1), and 135(g)(2).  Whereas the Planning Code requires a minimum rear yard of 15 feet for SRO projects in the South of Market Base District, the project proposes an inner court instead.  Whereas the Planning Code requires a one parking space for each 20 units with a minimum of two off-street parking spaces, the project proposes none.  While the proposed project would exceed the minimum usable open space area required under Section 135(d)(2), the proposed project would not comply with the minimum horizontal and vertical dimensions for some portions of the proposed private and common usable open space.  The property is in an SLI (Service, Light Industrial) District and a 65-X Height and Bulk District.

            (Continued from Regular Meeting of March 16, 2006)

(Proposed for Continuance to May 4, 2006)

 

3.             2006.0090T                                                                                         (J. SWITZKY: (415) 575-6815)

Off-Street Parking in C-3 Zoning Districts - Ordinance (File 060036) introduced by Supervisor Alioto-Pier on January 10, 2006 and referred to the Planning Commission on January 18, 2006, amending the San Francisco Planning Code by amending Sections 123, 151.1, 151.2, 154.1, 155, 155.5, 157, 166, 167, 204.5, 303, 309, 790.10, and 890.10 to alter controls regarding required and allowed off-street parking for residential uses in C-3 zoning districts, Floor Area Ratio exemptions and incentives related to parking, bicycle parking, car sharing (including definitions and certification of car sharing organizations), separating housing costs from parking costs, urban design requirements for parking, and adopting findings.

(Continued from Regular Meeting of March 23, 2006)        

PROPOSED LEGISLATION HAS BEEN WITHDRAWN

 

4a.        2004.0784D                                                                           (D.SIROIS: (415) 558-6313)

1675 48^th Avenue – west side, between Lawton & Moraga, Lot 018, Assessor’s Block 1895 - Mandatory Discretionary Review under the Planning Commission’s policy requiring review of housing demolition, of Demolition Permit Application 2004.12.16.1606, to demolish an existing single-family dwelling in an RH-2 (Residential, Two-Family) District and in a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the Demolition Permit.

                        (Proposed for Indefinite Continuance)

 

4b.        2004.0785D                                                                           (D.SIROIS: (415) 558-6313)

1675 48^th Avenue – west side, between Lawton & Moraga, Lot 018, Assessor’s Block 1895 - Mandatory Discretionary Review under the Planning Commission’s policy requiring review of new residential buildings in association with residential demolition, of Building Permit Application No. 2004.12.161608, proposing to construct a three-story, two unit residential building with two off-street parking in an RH-2 (Residential, Two-Family) District and in a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve the New Construction Permit with modifications.

(Proposed for Indefinite Continuance)

 

B.         COMMISSIONERS’ QUESTIONS AND MATTERS

 

5.         Consideration of Adoption:

• Draft Minutes of Regular Meeting of July 14, 2005
• Draft minutes of Regular Meeting of December 15, 2005

(Continued from Regular Meeting of April 6, 2006)

• Draft Minutes of Regular Meeting of March 9, 2006.

 

            6.         Commission Comments/Questions

 

 

C.         DIRECTOR’S REPORT

 

7.         Director’s Announcements

           

8.         Review of Past Week’s Events at the Board of Supervisors and Board of Appeals

 

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.  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.

 

E.         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.

 

9a.        2005.0946XV                                                                        (A. LIGHT: (415) 558-6254)

153 KEARNY STREET - west side between Post and Sutter Streets, former Lot 2, new ownership lots 10, 11, 12 and 13, in Assessor's Block 293 - Request for a Determination of Compliance under Section 309 of the Planning Code to permit conversion of an existing office building to approximately 45 residential dwelling units, with an exception to the Planning Code rear yard requirement, for the subject property, which is in the C-3-O Zoning District and a 80-130-F Height and Bulk District. .  The proposal is to convert the existing office use on floors two (formerly the mezzanine level) through seven of the subject building to approximately 45 dwelling units, retaining the existing ground floor retail uses.   The granting of a determination of compliance would be subject to the granting of variances for the three following aspects of the project:  1) Open space is proposed for the rooftop of the subject building, but less would be provided than the minimum required by the Planning Code due to necessary roof top equipment, stair and elevator penthouses, existing sky lights and fire code restrictions;  2) No parking would be provided in order to preserve the building’s historic façade and to avoid creating automobile/pedestrian conflicts; 3) Sixteen of the 45 units would receive light and air from an interior courtyard that falls short in one direction of the minimum dimensional requirements for interior courtyards per the provisions of Section 140 of the Planning Code.

Preliminary Recommendation:  Approval with Conditions.

(Continued from Regular Meeting of April 6, 2006)

 

9b.        2005.0946XV                                                                       (A. LIGHT: (415) 558-6254)

153 KEARNY STREET - west side between Post and Sutter Streets, former Lot 2, new ownership lots 10, 11, 12, and 13, in Assessor's Block 293 - Request for residential open space, dwelling unit exposure, and parking variances as described in item "a" above; for the subject property, which is in the C-3-O Zoning District and a 80-130-F Height and Bulk District.  The Zoning Administrator will consider the variance application concurrently with the Planning Commission. See Item "a" above for a project description.

                        (Continued from Regular Meeting of April 6, 2006)

 

 

10.        2006.0332C                                                                   (E. OROPEZA: (415) 558-6381)

2406 Bryant Street - the Northwest Corner of Bryant Street between 22nd and 23rd Street; Lot 039 in Assessor’s Block 4150 - Request for Conditional Use Authorization to establish a small self-service restaurant on a site that has a Limited Commercial Use in the RH-3 (Residential House 3-Family) Zoning District, the Mission Alcoholic Beverage Special Use-Sub district, and a 40 foot Height and Bulk District, pursuant to Planning Code Sections 186 and 727.44.  A small self-service restaurant (Planning Code Section 790.91) is limited to no more than 50 seats, 1,000 square feet in gross floor area, and requires Conditional Use Authorization.

Preliminary Recommendation:  Approval with Conditions

 

F.         REGULAR CALENDAR 

 

11.        2006.0046D                                                                          (J. PURVIS: (415) 558-6354)

137 PORTER STREET - east side south of Benton Avenue; Lot 018 in Assessor’s Block 5826 - Request for Discretionary Review of Building Permit Application No. 2005.09.14.2861 proposing the construction of a three-story, two-family dwelling in an RH-2 (Residential, House, Two-Family) Use District, and a 40-X Height and Bulk District and within the Bernal Heights Special Use District.  

                        Preliminary Recommendation: Do not take Discretionary Review and approve the permit.

(Continued from Regular Meeting of March 23, 2006)

 

12.          2005.0402D                                                                                   (G. CABREROS: (415) 558-6169)

2477-2479 SUTTER STREET - south side between Broderick and Divisadero Streets; Lot 022 in Assessor's Block 1076 - Staff Initiated Discretionary Review of Building Permit Application 2004.03.02.7604, to construct horizontal and vertical additions to the existing two-story, two-unit building resulting in a four-story, three-unit building in a RM-1 (Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District.

Preliminary Recommendation:  Do not take Discretionary Review and approve the project as proposed.

 

13a.       2003.0159CV                                                                                  (B. FU: (415) 558-6613)

2527 Mission Street - east side, between 21^st and 22^nd Streets, Lot 026 in Assessor's Block 3615 - Request for Conditional Use authorization under Planning Code Sections 161(j), 303, and 712.70 to allow a reduction in the off-street parking requirement for dwelling units within a NC-3 (Moderate-Scale Neighborhood Commercial) District with a 65-B Height and Bulk designation, and in the Housing/Mixed Use Zone as designated by Planning Commission Resolution No. 16727.  The project also includes a Variance request for the off-street parking requirement for the proposed office and retail uses.   

           Preliminary Recommendation:  Approval with Conditions.

                        (Continued from Regular Meeting of March 16, 2006)

                       

13b.      2003.0159CV                                                                             (B. FU: (415) 558-6613) 

2527 Mission Street -east side, between 21^st and 22^nd Streets, Lot 026 in Assessor's Block 3615 - Request for Off-Street Parking Variance under Planning Code Section 151 to require off-street parking be provided in the minimum quantities specified per each principal use of a building over 5,000 square feet of gross floor area.  A total of 13 independently accessible off-street parking spaces are required as a result of the proposed new uses on the first and second floors and none are provided.  The Zoning Administrator will consider the variance application concurrently with the Planning Commission.

            (Continued from Regular Meeting of March 16, 2006)

 

14.        2006.0145ET                                                                         (T. OJEDA:  (415) 558-6251)

Inclusionary Affordable Housing Program- Consideration of an ordinance initiated by SupervisorSophie Maxwell on January 24, 2006 which would amend Planning Code Sections 315.2, 315.3, 315.4, 315.5, 315.6, and 315.8 to revise the Inclusionary Affordable Housing Program by:  1) amending methods of marketing the affordable units; 2) allowing developers, under certain conditions, the use of tax-exempt bonds in meeting their inclusionary housing requirements; 3) requiring that off-site units are located within one mile of the principal project and must be provided as rental housing for the life of the project, or as ownership housing affordable at 80% of area median income; 4) requiring disclosure of preferred alternative to on-site housing before receiving project approvals and this preferred alternative will be a condition of approval; 5) evaluating and revising separate monitoring systems with the goal of establishing a single monitoring system for all inclusionary affordable housing units located in San Francisco; 6) requiring annual adjustment of the in-lieu fee; 7) requiring the completion of the affordable housing impact study no later than July 1, 2006 and the establishment of a Technical Advisory Committee; and 8) applying legislated changes to the inclusionary affordable housing program to all development projects that have not received a building permit at the effective date of this ordinance; and make environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

Preliminary Recommendation:  Request the Board of Supervisors to approve with modifications.

(Continued from Regular Meeting of March 23, 2006)

 

15.        2006.0092ET                                                                       (d. sider: (415) 558-6697)

Planning Code amendments relating to Medical Cannabis Dispensaries (MCD’s) [Board File No. 060032] On January 10, 2006, Supervisors Mirkarimi and Ma introduced legislation which would have allowed certain existing MCD’s to relocate irrespective of Planning Code restrictions on the proximity of new MCD’s to schools and recreation buildings. On March 28, 2006 a substitute Ordinance was introduced which instead would amend [1] grandfathering provisions for existing MCD’s, [2] the definition of a ‘recreation building’ with respect to proximity restrictions for new and existing MCD’s, and [3] noticing requirements for MCD permits. The substitute Ordinance would also modify portions of the Health Code in order to make amendments to the MCD permitting process and MCD permit provisions.

Preliminary Recommendation: Adoption

 

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: