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February 21, 2008

February 21, 2008

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, February 21, 2008

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 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. 2007.1362X (D. DIBARTOLO: (415) 558-6291)

1145 MARKET STREET - south side between Seventh and Eighth Streets, Lot 044 in Assessor's Block 3702 - Section 309 Determination of Compliance to replace the existing copper cupola roof feature with a glass roof that would increase the height of this element by three feet at the top of this thirteen story office building. The project site is within a C-3-G (Downtown General Commercial) Zoning District and a 120-X Height and Bulk district.

Preliminary Recommendation: Approval with Conditions.

(Continued from Regular Meeting of February 14, 2008)

(Proposed for Continuance to February 28, 2008)

2. 2007.0781D (E. Oropeza: (415) 558-6381)

14 valencia street - west to west side between McCoppin and Market Street, in Assessor's Block 3503, Lot 003 - Mandatory Discretionary Review of Building Permit Application No. 2007.0615.4005 for the property at 14 Valencia Street (aka 1745-1755 Market Street) to maintain the operation of an existing Medical Cannabis Dispensary, d.b.a.  Ketama Cooperative. The subject building is a four-story mixed-use building with 51-dwelling units, all within the C-M (Heavy Commercial) District, the Market Street Special Sign District and a 105-E Height/Bulk District.

preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of February 14, 2008)

(Proposed for Continuance to February 28, 2008)

3. 2007.1233C (A. Ben-Pazi: (415) 575-9077)

805 Columbus Avenue - south-west side between Lombard and Greenwich Streets, Lot 047 in Assessor's Block 0074 - Request for Conditional Use Authorization to establish a real estate office, larger than the principally permitted maximum of 1,999 square feet, on the first floor of a mixed use building within the North Beach Neighborhood Commercial District, pursuant to Sections 722.53 and 722.21 of the Planning Code. The commercial space measures approximately 2,760 square feet and has never been occupied. No physical expansion of the existing building is proposed. This site is within the North Beach Neighborhood Commercial District, and a 40-X Height and Bulk District.

preliminary Recommendation: Pending

(Continued from Regular Meeting of February 7, 2008)

(Proposed for Continuance to March 20, 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,

(Continued from Regular Meeting of January 10, 2008)

(Proposed for Continuance to April 10, 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 January 10, 2008)

(Proposed for Continuance to April 10, 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 January 10, 2008)

(Proposed for Continuance to April 10, 2008)

B. COMMISSIONERS' QUESTIONS AND MATTERS

6. Commission Comments/Questions

  • Inquiries/Announcements. Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).
  • Future Meetings/Agendas. At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.

C. DIRECTOR'S REPORT

7. Director's Announcements

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

9. (S. SANCHEZ (415) 558-6326)

575 6TH STREET (FLOWER MART) - Informational item to discuss current status of uses at 575 6th Street (Flower Mart) and the Academy of Art University's future plans for the site.

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.

10. 2007.0879C (A. PUTRA: (415) 575-9079)

53 West Portal Avenue- east side between Ulloa and Vicente Streets; Lot 025 in Assessor's Block 2979A - Request for Conditional Use Authorization pursuant to Planning Code Sections 749.42, to legalize a change of use from a large fast food restaurant (formerly d.b.a. "Sabella") to a full-service restaurant (d.b.a.  Roti Indian Bistro ) within the West Portal Neighborhood Commercial District and 26-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of February 7, 2008)

  • REGULAR CALENDAR

11. (A. JOHN-BAPTISTE: (415) 558-6547)

FY2008-09 Budget Proposal- review and POSSIBLE ACTION/recommendation OF THE DEPARTMENT'S WORK PROGRAM AND balanced BUDGET for FY2009 - The Planning Commission will review and consider action to approve the Department's proposed work program and budget for FY2009 with recommendations for approval by the Mayor and the Board of Supervisors.

Preliminary recommendation: Approve/Recommend the proposed budget and work program.

12. 2008.0131T (A. RODGERS: (415) 558-6395)

Ordinance amending the Planning Codeby amending Sections 102.2 to exclude specified accredited educational institutions from the definition of arts activities; amending Section 790.50 and 890.50 to clarify that certain institutions, including accredited educational institutions, in the Neighborhood Commercial Districts and Mixed Use Districts are required to comply with applicable provisions of the institutional master plans as set forth in Section 304.5; and making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

13. 2008.0134T (A. RODGERS: (415) 558-6395)

Ordinance amending the Planning Code by amending Section 823 to prohibit educational institutions as defined in Section 890.50(c) in the Western SoMa Planning Area Special Use District; and making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

14. 2008.0014G (A. HEITTER; (415) 558-6602)

690 MARKET STREET - the Chronicle Building is located at the northeast intersection of Market, Geary and Kearny Streets, Lot 6 in Assessor's Block 311 - Consideration of adoption of a resolution recommending approval on a proposal to designate the subject property as Category II (Significant) per Article 11 of the Planning Code. The subject property consists of two sections: a nine-story plus mezzanine office tower originally designed by Burnham & Root in 1887 and constructed in 1889-90, enlarged in 1905 by D.H. Burnham & co. and reconstructed in 1908 Willis Polk. An eight story addition was constructed in 2007. The property is within a C-3-O (Downtown Office) District and a 285-S Height and Bulk District. The property is currently undesignated and is not within a Conservation District.

Preliminary Recommendation: Approval

15. 2007.1373D (B. BENDIX: (415) 575-9089)

169 DELTA STREET- on the east side between Tucker and Campbell Avenues; Assessor's Block 6202, Lot 046 - Request of Discretionary Review of Building Permit 2006.12.20.0218, to construct a new 3-story, single-family dwelling on a vacant lot. The property is located within an RH-1 (Residential, House, Single-Family) District with a 40-X Height and Bulk District.

Preliminary Recommendation: Take DR and approve the building permit application with modifications.

16. 2007.1427D (S. PERDUE: (415) 558-6625)

158-160 FUNSTON AVENUE - east side between California and Lake Streets; Lot 031 in Assessor's Block 1372 - Request for Discretionary Review of Building Permit Application No. 2007.0618.4221, proposing to add a partial fourth story above a three-story, two-unit building within an RH-2 (Residential, House, Two-Family) District and a 40-X Height/Bulk District.

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

17. 2003.0527E (M. JACINTO: (415) 575-9033)

1000 16th Street - four parcels in the Showplace Square/Portrero Hill area, located at

1000 16th Street (Assessor's Block 3833, Lots 001, 002, and 003 and Assessor's Block 3834, Lot 001) - Public Hearing on the Draft Environmental Impact Report. The project involves construction of a 659,000 gross sq. ft. mixed-use project in three buildings on a vacant, 3.15-acre triangular site bounded by Hubbell, 7th and 16th Streets, including 425,000 sq. ft. of residential use (408 dwelling units), 15,000 sq. ft. of ground-floor commercial space, and 20,000 sq. ft. of production, distribution and repair space. The project entails construction of publicly accessible open space along an upgraded Daggett Street right-of-way bisecting the site, as well as a landscaped plaza at the corner of Hubbell and Connecticut Streets, which could accommodate a transit right-of-way and transfer station for future MUNI bus service. A two-level parking garage would provide 400 independently accessible parking spaces. The garage's lower-level entrance would be located on 7th Street and the entrance/exit to the upper garage would be on Hubbell Street. A separate entrance to the retail garage would be on 16th Street. Pedestrian entrances would be provided along 16th, Hubbell and Daggett Streets. Building heights would range from 55 to 85 feet. The project site is within an M-2 (Heavy Industrial) Zoning District, a 50-X Height and Bulk District and within the Eastern Neighborhoods planning area, which is the subject of a potential rezoning.

Note: written comments will be accepted at the Planning Department's offices until the close of business on March 10, 2008.

(Proposed for Continuance to April 10, 2008)

18. 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 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 January 31, 2008)

19. 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 303, 121.1, 726.11 and 161(j) to construct a five-story, 17-unit mixed-use development with a reduction in the parking requirement on a 10,000 square foot lot. The property is located within the Valencia Neighborhood Commercial District within a 50-X Height and Bulk District.

Preliminary Recommendation: Approve with Conditions

(Continued from Regular Meeting of January 31, 2008)

20. 2007.0305C (A. HOLLISTER: (415) 575-9078)

1042-1046 POST STREET - north side between Polk and Larkin Streets, Lot 008 in Assessor's Block 0692 – Request for Conditional Use Authorization to establish a large institution (Community Youth Center) which will exceed 2000 square feet and occupy the entire subject building. No physical expansion of the existing building is proposed. This site is within the Polk Street Neighborhood Commercial District, and a 130-E Height and Bulk District.

Preliminary Recommendation: Approval with Conditions.

(Continued from Regular Meeting of February 14, 2008)

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

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

Adjournment:

Last updated: 11/17/2009 10:00:00 PM