San Francisco Planning Department : March 13, 2008

March 13, 2008

SAN FRANCISCO
PLANNING COMMISSION
Notice of Meeting
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, March 13, 2008
1:30 PM
Regular Meeting

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 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:
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. 2007.0789C (A. PUTRA: (415) 575-9079)
4002 IRVING STREET - north side between 41st and 42nd Avenues; Lot 015 in Assessor's Block 1709 - Request for Conditional Use Authorization pursuant to Planning Code Section 710.83 proposing to install a wireless telecommunications facility (for Sprint-PCS) in the form of three antennas mounted to an existing rooftop stair penthouse, hidden inside one faux vent pipe, and with radio equipment located on the roof. The subject property is located within the NC-1 (Neighborhood Commercial Cluster) Zoning District and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Proposed for Continuance to March 20, 2008)

2. 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
(Continued from Regular Meeting of February 21, 2008)
(Proposed for Continuance to March 27, 2008)

3a. 2007.1163C (D. DIBARTOLO: (415) 558-6291)
140 ELLIS STREET - between Cyril Magnin and Powell Street, Lot 023 in Assessor's Block 326 - Request for Conditional Use Authorization to convert 65 of the existing 77 residential hotel rooms into tourist hotel rooms within the six-story mixed use structure. This change of use would increase the number of tourist rooms from the existing 66 rooms to a total of 131 tourist hotel rooms with 12 residential hotel rooms still remaining within the building. The project does not propose any modifications to the building exterior or interior and consists of the change of use only. As required under the San Francisco Administrative Code, the 65 residential hotel rooms at the project site (to be converted to tourist hotel rooms) will be replaced at 317 Leavenworth Street. (A companion variance case for 317 Leavenworth (Case No. 2007.1164V) will be considered by the Zoning Administrator concurrently with this case.) The project site is located in a C-3-G (Downtown General Commercial) Zoning District and an 80-130-F Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of February 7, 2008)
(Proposed for Continuance to April 24, 2008)

3b. 2007.1164V (D. DIBARTOLO: (415) 558-6291)
317 LEAVENWORTH STREET - northwest corner with Eddy Street; Lot 005 in Assessor's Block 0334 - Request for Residential Open Space and Off-Street Parking Variances. The proposal is to convert the existing 65 tourist hotel room into 65 residential hotel rooms in conjunction with a reverse conversion at 140 Ellis Street. The existing building occupies the lot almost entirely, and none of the proposed residential hotel rooms would be provided with any private or common open space, nor would any off-street parking spaces be provided. The project site is located in an RC-4 (Residential-Commercial, Combined, High Density) Zoning District and an 80-T Height and Bulk District.
(Continued from Regular Meeting of February 7, 2008)
(Proposed for Continuance to April 24, 2008)

4. 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.
(Continued from Regular Meeting of February 21 2008)
DISCRETIONARY REVIEW APPLICATION WITHDRAWN

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.

5. Consideration of Adoption:

" Draft Minutes of Regular Meeting of January 17, 2008.
" Draft Minutes of Regular Meeting of January 24, 2008.
" Draft Minutes of Regular Meeting of January 31, 2008.
" Draft Minutes of Regular Meeting of February 21, 2008.

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)
ACADEMY OF ART UNIVERSITY ENFORCEMENT AND INSTITUTIONAL MASTER PLAN UPDATE (IMP) - Informational presentation on the status of pending enforcement cases and preparation of IMP by the Academy of Art University. Item to be presented as new information is available.

D. GENERAL PUBLIC COMMENT - 15 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. 2008.0045C (E. WATTY: (415) 558- 6620)
1298 CHURCH STREET - at the northwest corner of 25th Street; Lot 008 in Assessor's Block 6536 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 710.42, 728.42, and 790.92, to allow a full-service restaurant within an NC-1 (Neighborhood Commercial, Cluster) District and 40-X Height and Bulk District that is within ¼ mile of the 24TH Street - Noe Valley Neighborhood Commercial District.
Preliminary Recommendation: Approval with Conditions

F. REGULAR CALENDAR

11. 2003.0347UU (K. DISCHINGER: (415) 558-6284)
AMENDMENTS TO THE MARKET AND OCTAVIA PLAN AREA, UPDATE OF BOARD PROCEEDINGS AND REQUEST FOR COMMENT [BOARD FILES NO 071156, 071157, 080255 AND 071159] On October 24, 2007 the Board of Supervisors adopted the Market and Octavia Area Plan and corresponding General Plan Amendments. The Land Use Committee has held subsequent hearings on the Planning Code Amendments to implement the Van Ness and Market Downtown Residential Special Use District [Board File 071156]; Planning Code Amendments to implement the Market and Octavia Area Plan [Board Files No 071157 and 080255]; and Zoning Map Amendment in connection with the Market and Octavia Area Plan [Board File No 071159]. The Board's Land Use Committee will hold its next hearing on or after March 24, 2008. At that time the Committee will consider additional amendments to these files. The proposed Ordinances, as currently amended, are before the Commission so that it may comment on the amendments and recommend adoption, rejection, or adoption with modifications to the Board of Supervisors.
Preliminary Recommendation: Approval

12. 2007.1456C (D. SANCHEZ: (415) 575-9082)
1575 SOUTH VAN NESS AVENUE - northeast corner of Cesar Chavez and South Van Ness, Lot 027 in Assessor's Block 6571 - Request for Conditional Use Authorization under Planning Code Sections 703.3, 703.4 and 303 to allow a formula retail use paint store (dba ICI Paints) within an NC-3 (Moderate-Scale Neighborhood Commercial) Zoning District and a 50-X Height and Bulk designation.
Preliminary Recommendation: Approval with Conditions

13. 2007.1382C (J. MILLER: (415) 558-6344)
560 GEARY STREET (AND 620 JONES STREET) - north side between Jones and Shannon Streets, Lots 011 and 036 in Assessor's Block 0305 - Request for Conditional Use Authorization pursuant to Section 249.5(c)(2) of the Planning Code for a commercial use on a second story (restaurant/entertainment establishment dba "Om") in an RC-4 (Residential-Commercial Combined, High Density) District and in the North of Market Residential Special Use District, Sub-Area 1, and within an 80-130-T Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of February 28, 2008)

14a. 2006.0799CEKVZ (J. MILLER: (415) 558-6344)
261 OCTAVIA STREET - southeast corner at Oak Street, Lot 029 in Assessor's Block 0839 - Request for Reclassification of Property from a "P" (Public Use) District to an RH-3 (House, Three-Family) District to allow the construction of a residential care facility for approximately 16 developmentally disabled citizens, with an accessory art studio/vocational/gallery space that will serve the residents. (See full project description in Item "b" below.)
Preliminary Recommendation: Approval with Conditions

14b. 2006.0799CEKVZ (J. MILLER: (415) 558-6344)
261 OCTAVIA STREET - southeast corner at Oak Street, Lot 029 in Assessor's Block 0839 - Request for Conditional Use Authorization pursuant to Sections 253 and 209.3(c) of the Planning Code for construction of a building exceeding 40 feet in height in an "R" District and for a residential care facility. The project includes construction of a five-story, 50-foot-high residential care facility for developmentally-disabled residents, consisting of approximately 14 living units and an accessory art studio/vocational/gallery space that will serve the residents. The subject property is within a "P" (Public Use) District proposed for reclassification to an RH-3 (House, Three-Family) District in order to permit the proposed use, and is within an 80-B Height and Bulk District.
Preliminary Recommendation: Approval with Conditions

14c. 2006.0799CEKVZ (J. MILLER: (415) 558-6344)
261 OCTAVIA STREET - southwest corner at Oak Street, Lot 029 in Assessor's Block 0839 in a "P" (Public Use) District, proposed for reclassification to an RH-3 (House, Three-Family) District, and within an 80-B Height and Bulk District - Request for Variances to the Rear Yard and Off-Street Parking requirements in conjunction with the construction of a new residential care facility for approximately 16 developmentally-disabled citizens that will also contain an accessory art studio/vocational/gallery space to serve the residents of this project. These variances are required because the project would provide no off-street parking spaces, where three parking spaces are required by Code, and because part of the proposed L-shaped building would project into a portion of the Code-required rear yard area.

15. 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: Disapproval
(Continued from Regular Meeting of February 14, 2008)
NOTE: On February 14, 2008, following public testimony the Commission closed the public hearing and deliberated the matter, Following deliberation they continued the item to March 13, 2007, for the Project Sponsor to obtain new plans by a vote +5 -0. Commissioners Alexander and W. Lee were absent. Public hearing remains open.

16. 2007.1281C (A. HOLLISTER: (415) 575-9078)
1237 POLK STREET - west side between Bush and Sutter Streets, Lot 003 in Assessor's Block 0670 - Request for Conditional Use Authorization to establish a bar (Type 48 Liquor License) and a restaurant that will exceed 2000 square feet (dba. McTeague's). The tenant space at 1237 Polk Street is approximately 2750 square feet. The business will primarily be a bar that will also serve limited food items including sandwiches and soups. No physical expansion of the existing building is proposed. This site is within the Polk Street Neighborhood Commercial District, and a 65-A Height and Bulk District.
Preliminary Recommendation: Approval with Conditions.
(Continued from Regular Meeting of February 28, 2008)

17. 2007.1113ET (C. NIKITAS: (415) 558-6306)
AMENDMENTS TO PLANNING CODE SECTION 303/PROTECTION OF SOLAR ENERGY SYSTEMS - Ordinance introduced by Supervisor Mirkarimi as part of Board File No. 07-1338, that would add Section 303(n) to the Planning Code, to require Conditional Use authorization for any structure that would shade a previously registered Solar Energy System, and requiring the Planning Department to review and manage system registrations.
Preliminary Recommendation: pending
(Continued from Regular Meeting of March 6, 2008)

18. 2007.1461T (T. SULLIVAN-LENANE: (415) 558-6257)
AMENDMENTS RELATING TO PLANNING CODE SECTIONS 719.1 AND 781.9 OF THE HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT [BOARD FILE No. 07.1669] - Ordinance introduced by Supervisor Mirkarimi amending Planning Code Sections 719.1 and 781.9 concerning the Haight Street Neighborhood Commercial District to provide for four 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.

6:00 P.M.

19a. 2007.0172D (C. JAROSLAWSKY (415) 558-6348)
626 PARIS STREET - between France and Italy Avenues; Lot 007 in Assessor's Block 6345 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of residential demolition, Permit Application No. 2006.11.08.7236, to demolish an existing single-family, one-story structure, in an RH-1 (Residential, House, One-Family) 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 February 28, 2008)

19b. 2007.0177D (C. JAROSLAWSKY (415) 558-6348)
626 PARIS STREET - between France and Italy Avenues; Lot 007 in Assessor's Block 6345 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of Permit Application No. 2006.11.08.7240, for a replacement structure pursuant to a residential demolition, to construct a new, single-family, one-story-over-garage structure, in an RH-1 (Residential, House, One-Family) 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 February 28, 2008)

20. 2007.1039D (T. WANG: (415) 558-6335)
3326 SANTIAGO STREET - north side between 44th and 45th Avenues; Lot 022 in Assessor's Block 2305 - Request for Discretionary Review of Building Permit Application No. 2007.07.06.6134, proposing for the construction of a second story vertical addition to an existing one-story, single-family dwelling and the replacement of the existing garage with a new garage near the front of the lot. The subject property is in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the project as submitted.

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:

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