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January 10, 2008

January 10, 2008

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, January 10, 2008

1:30 P.M.

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 FranciscoLobbyist Ordinance

Attention: Individuals and entities that influence or attempt to influence local legislative or administrative action my be required by the San Francisco Lobbyist Ordinance [SF Campaign and Governmental Conduct Code Section 21.00-2.160] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; and web site http//www.sfgov.org/ethics.

Accessible Meeting Policy

Hearings are held at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 400, fourth floor, San Francisco, CA. The closest accessible BART station is the Civic Center station located at the intersection of Market, Hyde and Grove Streets. Accessible curbside parking has been designated at points along McAllister Street. Accessible MUNI lines serving City Hall are the 9 San Bruno and 71 Haight/Noriega and the F Line. Accessible MUNI Metro lines are the J, K, L, M, and N. For more information regarding MUNI accessible services, call (415) 923-6142. Requests for American sign language interpreters, sound enhancement systems and/or language translators will be available upon request by contacting Lulu Hwang at (415) 558-6318 at least 48 hours prior to a hearing. A sound enhancement system will be available upon request at the meetings. Please contact Services for the Deaf and Hearing Impaired at 557-5533 (TDD) or 557-5534 (Voice) at least 48 hours prior to the meeting. Late requests will be honored if possible. A person who is deaf or hearing impaired may gain meeting information prior to the meeting by calling 557-4433 (TDD) or 557-4434 (Voice). In addition, the California Relay Service can be used by individuals with hearing and speech impairments by calling 1-800-735-2929 (TDD) or 1-800-735-2922 (Voice). Minutes of the meetings are available in alternative formats. If you require the use of a reader during the meeting, please contact the Library for the Blind and Print Handicapped at 292-2022 at least 48 hours in advance of need. Accessible seating for persons with disabilities (including those using wheelchairs) will be available at meetings. Individuals with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In order to assist the City's efforts to accommodate such people, attendees at public meetings are reminded that other attendees may be sensitive to various chemical-based products. Please help the City to accommodate these individuals.

Know Your Rights Under the Sunshine Ordinance

Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.

For more information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Adele Destro, Interim Administrator, 1 Dr. Carlton B. Goodlett Place, Room 409, by phone at (415) 554-7724, by fax at (415) 554-7854 or by E-mail at sotf@sfgov.org.

Copies of the Sunshine Ordinance can be obtained from the Clerk of the Sunshine Task Force, the San Francisco Library and on the City's website at www.sfgov.org/bdsupvrs/sunshine..

COMMUNICATIONS

Note: Each item on the Consent or Regular calendar may include the following documents:

1) Planning Department Case Executive Summary

2) Planning Department Case Report

3) Draft Motion or Resolution with Findings and/or Conditions

4) Public Correspondence

These items will be available for review at the Planning Department, 1650 Mission St., 4th floor reception.

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

  • 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. 2007.0718C (A. Hollister: (415) 575-9078)

507 Columbus Avenue - west side between Union and Green Streets, Lot 005 in Assessor's Block 0117 - Request for Conditional Use Authorization to establish a retail wine store and a bar (dba  Vino Divino ) of approximately 807 square feet within the vacant, existing ground-floor commercial space. No physical expansion of the existing building is proposed. The bar portion of the proposal is intended to be a  wine bar which will sell beer and wine for consumption on- site with the retail wine store portion of the business selling beer and wine for consumption off-site. This site is within the North Beach Neighborhood Commercial District, and a 40-X Height and Bulk District.

Preliminary Recommendation:

(Proposed for Continuance to January 17, 2008)

2. 2006.1227C (R. CRAWFORD: (415) 558-6358)

5735-5757 Mission Street - southeast side between Whittier and Oliver Streets Lots 038, 039, 040 of Assessor's Block 6473 - Request for Conditional Use Authorization under Planning Code Sections 711.11 and 711.39 to develop a lot greater than 9,999 square feet in area and to demolish residential units above the ground floor in the NC-2 Small Scale Neighborhood Commercial District and a 40-X Height and Bulk District. The project will demolish the three existing buildings on the property, containing 7 dwelling units, combine the lots into one parcel, and construct a new 4 story tall, mixed use building with 22 dwelling units, ground floor commercial space and underground parking.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of November 15, 2007)

(Proposed for Continuance to February 7, 2008)

3. 2007.1245T (T. Sullivan-Lenane: (415) 558-6257)

Amendments relating to Planning Code Sections 725.1 and 725.42 of the Union Street Neighborhood Commercial District [Board File No. 07-1425] - Ordinance introduced by Supervisor Alioto-Pier amending Planning Code Sections 725.1 and 725.42 of the Union Street Neighborhood Commercial District to provide for a limited number of new full-service restaurant uses that satisfy specific requirements and obtain conditional use authorization, making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval with Amendments

(Proposed for Continuance to February 7, 2008)

4. 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 December 6, 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 January 31, 2008)

5a. 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 December 6, 2007)

(Proposed for Continuance to January 31, 2008)

5b. 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 December 6, 2007)

(Proposed for Continuance to January 31, 2008)

B. COMMISSIONERS' QUESTIONS AND MATTERS

6. Proposed adoption of Planning Commission hearing schedule for 2008.

7. 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.

C. DIRECTOR'S REPORT

8. Director's Announcements

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

10. (M. SNYDER: (415) 575-6891)

CANDLESTICK/49ers PROJECT - Informational presentation on the integrated development of Candlestick Point and Parcels A-3 and B-E of the Hunters Point Shipyard.

(Continued from regular Meeting of December 20, 2007)

11. (J. IONIN: (415) 558-6309)

SERVICE STATION CONVERSIONS - Informational presentation updating the Commission on current requests for conversion and a summary of Zoning Administrator Conversion Determination criteria versus the criteria for Planning Commission conditional use authorization.

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. REGULAR CALENDAR

12. 2007.0536D (M. WOODS: (415) 558-6315)

1222 SUTTER STREET - north side between Polk Street and Van Ness Avenue; Lot 009 in Assessor's Block 0670 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of medical cannabis dispensaries, of Building Permit Application No. 2007.04.12.8582S, to legalize an existing medical cannabis dispensary (dba CannaMed Care). CannaMed Care currently offers onsite smoking for patients and staff, although this would be prohibited under the proposed project since the site is located within 1,000 feet of an elementary school. No physical expansion of the existing building is proposed. The subject property is within an RC-4 District and the Van Ness Special Use District, and a 130-V Height and Bulk District.

Preliminary Recommendation: Do not take discretionary review and approve the project as proposed

13. 2005.0336D (T. FRYE: (415) 575-6822)

252 HOLYOKE STREET - between Felton and Burrows Streets; Assessor's Block 5976, Lot 006 - Request of Discretionary Review for residential demolition to remove two 1906 Earthquake Refugee Shacks from the property to allow for their preservation at alternate locations, to demolish the non-historic additions, and to construct a new single-family dwelling. The property is located within an RH-1 (Residential, Single-Family) District with a 40-X Height and Bulk District. The Zoning Administrator will hear a related rear yard variance request for 908 Page Street, Case #2007.1279V Assessor's Block, 1217 Lot 002 to relocate one of the shacks in a required rear yard setback.

Preliminary Recommendation: Do not take Discretionary Review and Approve Project

(Continued from Regular Meeting of December 13, 2007)

14. 2005.0490E (J. NAVARRETE: (415) 575-9040)

3500 19th STREET - northwest corner of Valencia and 19th Streets - Appeal of Preliminary Mitigated Negative Declaration for the construction of a 5-story, 50-foot-tall building totaling approximately 29,829 square feet, with 17 dwelling units, 17 off-street parking spaces, and about 2,852 square feet of retail space. The project site (Block 3588, Lot 012) is in the Valencia Neighborhood Commercial District and a 50-X Height and Bulk District. The project site is in the Eastern Neighborhoods Plan Area and is subject to the Housing/Mixed Use Guidelines. The proposed project would require a Conditional Use Authorization.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

(Continued from Regular Meeting of November 15, 2007)

15. 2005.0490C (T. FRYE: (415) 575-6822)

3500 19TH STREET - at the northwest corner of 19th and Valencia Streets; Assessor's Block 3588, Lot 012 - Request for Conditional Use Authorization pursuant to Planning Code Sections 121.1 and 726.11 to construct a five-story, 17-unit mixed-use development on a 10,000 square foot lot. The property is located within the Valencia Neighborhood Commercial District with a 50-X Height and Bulk District.

Preliminary Recommendation: Approve with Conditions

(Continued from Regular Meeting of November 15, 2007)

16. (S. SANCHEZ: (415) 558-6326)

INDUSTRIAL ZONE - POLICIES AND PROCEDURES - A review of policies and procedures for development proposals in industrial zoning districts as contained in Planning Commission Resolution No. 16202 and consideration of adoption of a resolution establishing additional policies and procedures for development proposals in industrial zoning districts. Includes presentation from the Western SoMa Citizens Planning Task Force regarding institutional uses within the Western SoMa planning area.

(Continued from Regular Meeting of December 20, 2007)

17. 2007.1346T (A. Rodgers: (415) 558-6395)

ADMINISTRATIVE CODE – TOURIST HOTEL CONVERSION ORDINANCE – BOARD FILE 07-1528 - The proposed Ordinance would amend the Administrative Code to add Section 41F prohibiting conversion of Large Tourist Hotels into condominium projects. The Ordinance would allow the Planning Commission to issue exemptions for conversion of up to 500 units in the following two year. It lists criteria for additional conversions as determined by the Planning Commission and requires applicants for exemptions to provide the Planning Department with certain information regarding the conversion. The Ordinance would be enacted with a sunset period of 10-years. Preliminary Recommendation: Approval with Amendments

18. 2007.1246T (T. Sullivan-Lenane: (415) 558-6257)

Amendments relating to Planning Code Sections 188, 603, and 604, and by adding Sections 602.25 and 602.26 [Board File No. 07-1431] - Ordinance introduced by Supervisor Mirkarimi amending Planning Code Sections 188, 603, and 604, and by adding Sections 602.25 and 602.26 in order to allow for the reconstruction, rehabilitation, or restoration of non-complying movie theatre projecting signs and marquees, making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1. Preliminary Recommendation: Approval.

Preliminary Recommendation:

19. 2007.0725C (E. OROPEZA: (415) 558-6381)

2200 Mission Street (Aka 3417-19 18th Street) - southwest corner of Mission and 18th Street; Lot 001 in Assessor's Block 3589 - Request for Conditional Use Authorization pursuant to Planning Code Section 303, to revise findings per Planning Commission Motion No. 16264. The 23 unit mixed-use project, currently under construction was approved as rental housing. The amendment would eliminate this requirement. The site is within the NC-3 (moderate Scale) Neighborhood Commercial District, the Mission Alcoholic Beverage Restricted Use Subdistrict, and a 50-X/65-B Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of November 15, 2007)

20. 2007.1019C (R. CRAWFORD: 558-6358)

2400 Noriega Street - north side, northwest corner of Noriega and 31st Avenue Lot 003 of Assessor's Block 2018 - Request for Conditional Use Authorization under, Planning Code Section 711.81 to develop a Large Institutional Use (Church) above the ground floor and Section 711.2 Use Size greater than 3,999 square feet in an NC-2, Small Scale Neighborhood Commercial District and a 40-X Height and Bulk District. The proposal is to demolish the existing one-story church building (in a converted bank building) and construct a new 3 story building 11,625 square feet in area for the church with 11 off street parking spaces.

Preliminary Recommendation: Approval with Conditions.

F. 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

  1. directing staff to place the item on a future agenda. (Government Code Section 54954.2(a))

Adjournment:

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