San Francisco Planning Department : September 6, 2007

September 6, 2007

SAN FRANCISCO
PLANNING COMMISSION
Notice of Meeting
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, September 6, 2007
1:30 PM
Regular Meeting

President: Dwight S. Alexander
Vice-President: Christina R. Olague
Commissioners: Michael J. Antonini; M. Sue Lee; William L. Lee; Kathrin Moore;
Hisashi Sugaya

Commission Secretary: Linda D. Avery
Commission Calendars are available on the Internet at http://www.sfgov.org/planning
or as a recorded message at (415) 558-6422.

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 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 impairrments 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: Dwight S. Alexander
Commission Vice-President: Christina R. Olague
Commissioners: Michael J. Antonini; M. Sue Lee; William L. Lee;
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. 2007.0514T (S. EXLINE: (415) 558-6332)
AMENDMENTS TO PLANNING CODE SECTION 315/INCLUSIONARY HOUSING: ALTERNATIVE REHABILITATION FOR RENTAL - Ordinance introduced by Supervisor Daly as part of Board File No. 070444 that would amend portions of the Planning code to allow a new alternative to meet the requirements of the Residential Inclusionary Affordable Housing ordinance by allowing payment to a nonprofit to acquire and rehabilitate units for permanent affordable rental housing if the number of units is 25% greater than the amount provided under the existing off-site alternative.
Preliminary Recommendation: Approval
(Continued from Regular Meeting of August 2, 2007)
(Proposed for Continuance to September 20, 2007)

2. 2007.0874C (C. TEAGUE: (415) 575-9081)
245 11TH STREET - north side, between Kissling and Folsom Streets, Lot 016 in Assessor's Block 3517 - Request for Conditional Use Authorization pursuant to Planning Code Sections 816.21 and 303 for a change of use of a 3-story, approximately 17,000 square feet building from general office space to a social service provider (Westside Community Services) within an SLR (Service, Light Industrial, Residential) Zoning District and a 50-X Height and Bulk designation. The proposal is to offer community-based prevention, mental health, substance abuse, AIDS-related, and social services. No exterior renovations are included.
(Proposed for Continuance to September 27, 2007)

3. 2004.1245E (N. TURRELL: (415) 575-9047)
300 GRANT AVENUE (AKA 272 AND 290 SUTTER STREET) - Assessor's Block 0287, Lots 013, 014 - Appeal of a Preliminary Mitigated Negative Declaration. The 10,500 square-foot project site is located at 300 Grant Avenue (aka 272-290 Sutter Street) on the northeast corner of Grant Avenue and Sutter Street in the Financial District neighborhood. The proposed project would involve the demolition of two buildings containing approximately 35,600-square feet of retail space and construction of an approximately 114,354 gross square foot, 12-story, 130-foot tall building containing up to 56 residential units, 15,000 square feet of retail space, and 34 to 40 off-street parking spaces. The retail entrance to the proposed project would be at the corner of Grant Avenue and Sutter Street, while the residential lobby entrance would be at the corner of Grant Avenue and Harlan Place. Access to the parking garage would be from Harlan Place off Grant Avenue. The site is zoned C-3-R (Downtown Retail) within an 80-130-F height and bulk district, and the Downtown Area Plan of the General Plan.
Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration
(Continued from Regular Meeting of July 12, 2007)
NOTE: On July 12, 2007, following public testimony, the Commission entertained a motion to uphold the Preliminary Mitigated Negative Declaration (PMND) by a vote of +2 -4, the motion failed. Commissioner S. Lee was excused. The Commission continued the matter to September 6, 2007 by a vote +5 -1,
(Proposed for Continuance to September 27, 2007)

4a. 2004.1245EKVX (J. MILLER: (415) 558-6344)
300 GRANT AVENUE (AKA 272 AND 290 SUTTER STREET) - northeast corner at Sutter Street, Lots 13 and 14 in Assessor's Block 287, in a C-3-R (Downtown Retail) District and an 80-130-F Height and Bulk District - Request for review under Planning Code ("Code") Section 309 of the construction of a new, 11-story mixed-use building containing approximately 43 dwelling units, approximately 15,000 square feet of ground- and second-floor retail space, and up to 40 off-street parking spaces in a two-level underground garage, requiring the authorization of exceptions to Code standards for height above 80 feet, building bulk, rear yard, and off-street parking, as well as the granting of Variances of Code standards for usable open space and dwelling-unit exposure.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of July 12, 2007)
(Proposed for Continuance to September 27, 2007)

4b. 2004.1245EKVX (J. MILLER: (415) 558-6344)
300 GRANT AVENUE (AKA 272 AND 290 SUTTER STREET) - northeast corner at Sutter Street, Lots 13 and 14 in Assessor's Block 287, in a C-3-R (Downtown Retail) District and an 80-130-F Height and Bulk District - Request for Variance of Planning Code standards for usable open space and dwelling-unit exposure in conjunction with the construction of a new, 11-story mixed-use building containing approximately 43 dwelling units, approximately 15,000 square feet of ground- and second-floor retail space, and up to 40 off-street parking spaces in a two-level underground garage.
(Continued from Regular Meeting of July 12, 2007)
(Proposed for Continuance to September 27, 2007)

5. 2006.0847D (K. CONNER: (415) 575-6914)
2071 43RD AVENUE - west side between Quintara Street and Pacheco Street; Lot 018 in Assessor's Block 2163 - Request for Discretionary Review of Building Permit Application No. 2006.02.23.5225, proposing construction of a third-story horizontal and vertical addition to a two story dwelling in a RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Pending.
(Continued from Regular Meeting of August 2, 2007)
(Proposed for Continuance to November 8, 2007)

6a. 2005.0762ECV (M. LI: (415) 558-6396)
245-259 HYDE STREET - southwest corner at Eddy Street, Lots 017, 018, and 019 in Assessor's Block 0336 - Request for Conditional Use Authorization to reduce the off-street parking requirement for a 65-unit residential project. The interiors of the existing interconnected two-story buildings, previously used as office and retail space, will be demolished to accommodate the insertion of a third floor within the existing building envelope. One new floor will be added for a total of four floors. The project is proposing no off-street parking where 16 spaces are required. The project site is within an RC-4 (Residential-Commercial Combined, High Density) District, the North of Market Residential Special Use District, and an 80-T Height and Bulk District.
Preliminary recommendation: Approval with conditions
(Continued from Regular Meeting of August 2, 2007)
(Proposed for Indefinite Continuance)

6b. 2005.0762ECV (M. Li: (415) 558-6396)
245-259 HYDE STREET, southwest corner at Eddy Street, Lots 017, 018, and 019 in Assessor's Block 0336 - Request for a rear yard, dwelling unit exposure, and usable open space variances in connection with the project described in Item 1a. The request for variances will be considered by the Zoning Administrator.
(Continued from Regular Meeting of August 2, 2007)
(Proposed for Indefinite Continuance)

B. COMMISSIONERS' QUESTIONS AND 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.

7. Consideration of Adoption:

" Draft Minutes of Regular Meeting of April 6, 2006.

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.

9. Review of Commission's Action List

" Discuss Commissioner Antonini's request made at the hearing on June 6th and July 26th 2007, for an explanation of why springing conditions have been proposed on market-rate projects in the Eastern Neighborhoods, yet were not imposed upon the recently approved Westbrook Plaza housing project at 255 7th Street.

C. DIRECTOR'S REPORT

10. Director's Announcements

11. Review of Past Week's Events at the Board of Supervisors and Board of Appeals

D. GENERAL PUBLIC COMMENT - 15 MINUTES

E. PUBLIC COMMENT ON AGENDA ITEMS WHERE THE PUBLIC HEARING HAS BEEN CLOSED

At this time, members of the public who wish to address the Commission on agenda items that have already been reviewed in a public hearing at which members of the public were allowed to testify and the public hearing has been closed, must do so at this time. Each member of the public may address the Commission for up to three minutes.

F. CONSIDERATION OF FINDINGS AND FINAL ACTION - PUBLIC HEARING CLOSED

12. 2006.0965DD (G. CABREROS: (415) 558-6169)
1552 COLE STREET - at the dead end of Cole Street, south of Carmel Street; Lot 015 in Assessor's Block 2662 - Request for Discretionary Review of Building Permit Application No. 2006.02.07.4038, proposing a new third floor, side and rear horizontal additions and facade alterations to the existing two-story, single-family residence in an RH-1(D) (Residential House, Single-Family, Detached) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do Not take Discretionary Review and approve the project.
(Continued from Regular Meeting of July 26, 2007)
NOTE: On July 26, 2007, following public testimony, the Commission entertained a motion to not take Discretionary Review and approve by a vote of +2 -3 with Commission S. Lee, Moore and Olague voting against. Motion Failed. Commissioner Sugaya was excused. Commissioner Alexander was absent. The Commission continued the matter to September 6, 2007 to allow the absent Commissioner to participate in the final action.

G. REGULAR CALENDAR

13a. 2007.0242CV (J. MILLER: (415) 558-6344)
875 POST STREET - south side between Leavenworth and Hyde Streets, Lot 014 in Assessor's Block 0303 - Request for Conditional Use Authorization to reduce the parking requirement by one off-street parking space pursuant to Planning Code Section 161(h) in connection with the proposed construction of four dwelling units in the ground floor of the existing building. There would be no physical expansion of the existing building. Requests for Variances from the rear yard, open space, and dwelling unit exposure requirements of the Planning Code will be considered by the Zoning Administrator at the same hearing. The site is within an RC-4 (Residential-Commercial Combined, High Density) District, the North of Market Residential Special Use District (Subarea no. 2), and an 80-T Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of August 2, 2007)

13b. 2007.0242CV (J. MILLER: (415) 558-6344)
875 POST STREET - south side between Leavenworth and Hyde Streets, Lot 014 in Assessor's Block 0303 - Request for Variance of Planning Code standards for rear yard, usable open space and dwelling-unit exposure in connection with the proposed construction of four dwelling units in the ground floor of the existing building. There would be no physical expansion of the existing building. The site is within an RC-4 (Residential-Commercial Combined, High Density) District, the North of Market Residential Special Use District (Subarea no. 2), and an 80-T Height and Bulk District.
(Continued from Regular Meeting of August 2, 2007)

14. 2003.0655E (T. JOHNSTON: (415) 575-9035)
NEW CRYSTAL SPRINGS BYPASS TUNNEL - Hearing to Receive Public Comment on Draft Environmental Impact Report - The San Francisco Public Utilities Commission (SFPUC) is sponsoring a proposed project that calls for the construction of a tunnel, about 4,200 feet long with a 96-inch diameter pipeline in the tunnel for conveyance of drinking water to the regional water delivery system in San Mateo County and San Francisco. This project would be located in the SFPUC right-of-way along and near Polhemus and Crystal Springs Roads in San Mateo County. The tunnel would replace an existing pipeline that is subject to geologic hazards from slope instability. Key features of the proposed Project include:
" Excavation of an 4,200-foot long tunnel using a tunnel boring machine or open-face shield roadheader;
" Excavation of shafts (north and south) on either end of the tunnel to depths ranging from about 60 to 200 feet; and
" Disposal of tunnel and shaft excavation spoils on lands adjacent to the south shaft area on SFPUC lands or at an off-site permitted facility.
Preliminary Recommendation: No Action Required. Public hearing to receive comments
only.
Note: Written comments will be received at the Planning Department until 5:00 p.m. on September 21, 2007.

15. 2007.0101U (J. SWITZKY: (415) 575-6815)
45 LANSING STREET (BLOCK 3749, LOT 059) - Motion to Waive Rincon Hill Community Infrastructure Impact Fees per Section 318.3(f) - The Planning Commission approved a project at 45 Lansing Street on March 15, 2007, that includes approximately 227 dwelling units. Planning Code Section 318.3(b)(i) requires payment of $11.00 per net occupiable square foot of residential development for the Rincon Hill Community Infrastructure Fund prior to issuance of site permit. The project would require a payment of approximately $3,000,000. The project sponsor has entered into a Waiver Agreement with the City, to the satisfaction of the Planning Department and City Attorney, to secure the formation of a Community Facilities (Mello-Roos) District and to take all necessary steps to support the construction of a portion of the public improvements, equal to the value owed by the sponsor, and described in Planning Code Section 318.6 and in the Rincon Hill Plan.
Preliminary Recommendation: Approval
(Continued from Regular Meeting of August 9, 2007)

16. 2007.0688T (T. SULLIVAN-LENANE: (415) 558-6257)
POLK STREET: BOARD FILE 070851 - Ordinance Amending Planning Code Sections 121.2 and 723 as related to the Polk Street Neighborhood Commercial District [Board File No. 07-0851]. Ordinance amending sections of the San Francisco Planning Codes by amending Section 121.2 to move Polk Street from a 3,000 square foot use size limit to a 2,000 square foot use size limit and by amending Section 723 to provide that commercial and institutional uses in the Polk Street Neighborhood Commercial District are permitted up to 1,999 square feet and allowed as a conditional use for 2,000 square feet and above; adopting findings, inclusion Section 302 findings, environmental findings and findings of consistency with Section 101.1 and the General Plan.
Preliminary Recommendation: Disapproval
(Continued from Regular Meeting of August 9, 2007)

17. 2007.0538D (A. STARR: (415) 558-6362)
816 CLAYTON STREET - east side between Ashbury Street and Frederick Street; Lot 084 in Assessor's Block 1269 - Request for Discretionary Review of Building Permit Application No. 2007.05.14.1225 proposing to modify Application No. 2006.09.01.1270 by increasing the height of the proposed 3rd floor addition by approximately 20". The existing building is a two-story over garage, single-family dwelling in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation- Take Discretionary Review and Modify the Project.

18. 2007.0283D (G. CABREROS: (415) 558-6169)
2126-2130 HAYES STREET - north side between Cole and Shrader Streets; Lot 011 in Assessor's Block 1193 - Request for Discretionary Review of Building Permit Application No. 2006.09.06.1523, proposing construction of a 21-foot deep rear addition and roof dormers at the existing four-story-plus-attic, three-unit building in RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the project as modified.
(Continued from Regular Meeting of August 2, 2007)

19. 2007.0490D (T. WANG: (415) 558-6335)
189 MERCED AVENUE - southeast side between Garcia Avenue and Kensington Way; Lot 010 in Assessor's Block 2924 - Request for Discretionary Review of Building Permit Application No. 2007.01.19.2128, proposing to construct a partial third-story to an existing one-story over garage, single-family dwelling in an RH-1(D) (Residential, House, One-Family, Detached Dwellings) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the project as submitted.

20. 2007.0579D (M. GLUECKERT: (415) 558-6543)
122 10TH STREET - west side between Mission Street and Howard Street; Lot 059 in Assessor's Block 3510 - Mandatory Discretionary Review of Building Permit Application No. 2007.05.18.1730s to maintain operation of an existing Medical Cannabis Dispensary (d.b.a. "San Francisco Medical Cannabis Clinic"). The parcel is located within a C-M (Heavy Commercial) Zoning District and a 130-L Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the project.

6:00 P.M.

21. (K. RICH (415) 558-6345)
EASTERN NEIGHBORHOODS PROGRAM - The Eastern Neighborhoods Program encompasses the Mission, Central Waterfront, East SoMa and Showplace Square. Planning staff will present an information-only progress report on the following elements of the Eastern Neighborhoods Program: 1) Draft zoning controls; 2) Draft height and bulk controls
Preliminary Recommendation: No action requested (informational item)

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:

Last updated: 11/17/2009 9:59:58 PM