SAN FRANCISCO
PLANNING COMMISSION
Notice of Meeting
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, July 9, 2009
1:30 PM
Regular Meeting
President: Ron Miguel
Vice-President: Christina R. Olague
Commissioners: Michael J. Antonini; Gwyneth Borden; 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.
Policy on Commissioner's requests for hearings: There must be consensus of the Commission (four commissioners) or direction from the President/Chair to schedule a hearing that otherwise would not be scheduled.
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:
President: Ron Miguel
Vice-President: Christina R. Olague
Commissioners: Michael J. Antonini; Gwyneth Borden; 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. 2008.0197E: (A. CONTRERAS: (415) 575-9044)
942 Mission Street - north side of Mission Street, between Fifth and Sixth Streets, Lot 15 in Assessor's Block 3704 - Appeal of Preliminary Mitigated Negative Declaration for a project proposing the demolition of an existing two-story-over-basement office and commercial building, and construction of a 152-foot-tall, 15-story building containing approximately 3,240 square feet of ground-floor retail space, 4,025 square feet of ground floor circulation and building service space, and about 72,000 square feet of hotel space including 172 hotel rooms, with pedestrian access from Mission and Jessie Streets. No off-street parking or loading is proposed. The project is located in a C-3-G (Downtown General Commercial) Use District and a 160-F Height and Bulk District.
Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration
(Proposed for Continuance to September 3, 2009)
2a. 2008.0197CEX (J. MILLER: (415) 558-6344)
942 MISSION STREET - north side between Mint and Sixth Streets, a through-lot to Jessie Street - Review under Planning Code Section 309 of new construction of a 15-story HOTEL, approximately 79,000 gross square feet, with approximately 172 rooms, approximately 3,240 square feet of ground-floor retail space and approximately 152 feet in height, Lot 015 in Assessor's Block 3704, in a C-3-G (Downtown General Commercial) District and a 160-F Height and Bulk District.
(Proposed for Continuance to September 3, 2009)
2b. 2008.0197CEX (J. MILLER: (415) 558-6344)
942 MISSION STREET - north side between Mint and Sixth Streets, a through-lot to Jessie Street – Request for Conditional Use Authorization pursuant to Planning Code Section 216(b)(i) for a new HOTEL with approximately 172 rooms, Lot 015 in Assessor's Block 3704, in a C-3-G (Downtown General Commercial) District and a 160-F Height and Bulk District.
(Proposed for Continuance to September 3, 2009)
3. 2008.1014C (J. IONIN: (415) 558-6309)
652 STANYAN STREET - east side between Page and Haight Streets, Assessor's Block 1228, Lot 008 - Request for Conditional Use Authorization under Planning Code Section 209.6 (Public Facilities and Utilities) for AT&T Wireless to co-locate six antennas on the roof (concealed within RF transparent material) and associated equipment cabinets in the basement of the subject property. The project lies within an RM-2 (Residential, Mixed, Moderate Density) District and a 50-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of May 14, 2009)
(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.
4. Consideration of Adoption:
- Draft Minutes of Regular Meeting of February 5, 2009.
- Draft Minutes of Regular Meeting of February 12, 2009.
- Draft Minutes of Regular Meeting of February 19, 2009.
- Draft Minutes of Regular Meeting of June 18, 2009.
- Draft Minutes of Regular Meeting of June 25, 2009.
5. 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
6. Director's Announcements
7. Review of Past Week's Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.
8. 2009.0205I (S. WERTHEIM: (415) 558-6612)
HEALDCOLLEGE ABBREVIATED INSTITUTIONAL MASTER PLAN - Report on Heald College's Abbreviated Institutional Master Plan (IMP), pursuant to Planning Code Section 304.5. Heald College is located at 350 Mission St. (Block 3710 017). The Abbreviated IMP contains information on the nature and history of the institution, the location and use of affiliated buildings, and development plans. The IMP is available for viewing on the Planning Department's website (from www.sfplanning.org click Publications & Reports and then Institutional Master Plans ).
Preliminary Recommendation: Informational presentation, no action requested
9. 2006.1073E (V. WISE: (415) 575-9049)
Piers 15 and 17/The Exploratorium Relocation Project - East side of The Embarcadero at Green Street; Lots 15, 15H and 17 in Assessor's Block 9900 - Informational Presentation of the Proposed Project. The Exploratorium proposes to relocate to Piers 15/17. The Project Site, owned by the Port of San Francisco (Port), is comprised of the 136,145-gross-square-foot (gsf) Pier 15, 110,615-gsf Pier 17, 11,773-gsf Connector Building, a paved parking area ( Valley ), a 1,579-gsf office shack in the Valley, and a 235-gsf office addition on the Pier 17 north apron. Piers 15 and 17 are contributing resources to the San Francisco Embarcadero National Register Historic District. The Exploratorium proposes to lease from the Port Pier 15, Pier 17, replace the Connector Building with a New Bridge Building and remove portions of the Valley. The Exploratorium proposes to expand the museum program into Pier 17 in the future. Until then, the Exploratorium would lease Pier 17 to commercial, light industrial and restaurant or other retail users.
Preliminary Recommendation: No action required
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. 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.
- CONSIDERATION OF FINDINGS AND FINAL ACTION – PUBLIC HEARING CLOSED
10. 2006.1073E (V. WISE: (415) 575-9049)
Piers 15 and 17/The Exploratorium Relocation Project - East side of The Embarcadero at Green Street; Lots 15, 15H and 17 in Assessor's Block 9900 – Certification of the Final Environmental Impact Report. The Exploratorium proposes to relocate to Piers 15/17. The Project Site, owned by the Port of San Francisco (Port), is comprised of the 136,145-gross-square-foot (gsf) Pier 15, 110,615-gsf Pier 17, 11,773-gsf Connector Building, a paved parking area ( Valley ), a 1,579-gsf office shack in the Valley, and a 235-gsf office addition on the Pier 17 north apron. Piers 15 and 17 are contributing resources to the San Francisco Embarcadero National Register Historic District. The Exploratorium proposes to lease from the Port Pier 15, Pier 17, replace the Connector Building with a New Bridge Building and remove portions of the Valley. The Exploratorium proposes to expand the museum program into Pier 17 in the future. Until then, the Exploratorium would lease Pier 17 to commercial, light industrial and restaurant or other retail users.
Note: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on March 16, 2009. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission during the Public Comment portion of the Commission calendar.
Preliminary Recommendation: Certify the Final EIR
11. 2007.0118E (J. DEAN: (415) 575-9028)
San Joaquin Pipeline System Project - portions of Tuolumne, Stanislaus and San Joaquin Counties - Certification of the Final Environmental Impact Report - The San Francisco Public Utilities Commission (SFPUC) proposes the San Joaquin Pipeline (SJPL) System Project, which is comprised of repair or replacement of an approximately 6.5-mile segment of SJPL No. 3 in the eastern portion of the SJPL System beginning at the Oakdale Portal in Tuolumne County and extending west to unincorporated Stanislaus County, and construction of a new approximately 11-mile pipeline, SJPL No. 4, beginning near a new crossover facility (Pelican Crossover) west of the San Joaquin River in Stanislaus County and extending to the Tesla Portal facility in San Joaquin County. The project also proposes construction of two new crossover facilities along the SJPL System: Emery Crossover located about 9.5 miles west of the Oakdale Portal in unincorporated Stanislaus County, and Pelican Crossover, located west of the San Joaquin River at the eastern terminus of the new pipeline in unincorporated Stanislaus County. Ancillary project components include site improvements at the Oakdale Portal, construction of two new throttling stations along SJPL No. 3 in the eastern portion of the SJPL System; upgrade/replacement of existing valves at the discharge facilities at Cashman Creek; and replacement of the existing valves and discharge piping and addition of a new discharge valve at the California Aqueduct.
Preliminary Recommendation: Certify the Environmental Impact Report
Note: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on January 26, 2009. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission during the Public Comment portion of the Commission calendar.
(Continued from Regular Meeting of June 11, 2009)
12. 2005.0164E (T. Johnston: (415) 575-9035)
BAY DIVISION RELIABILITY UPGRADE PROJECT - Certification of the Final Environmental Impact Report. The San Francisco Public Utilities Commission (SFPUC) is proposing the Bay Division Reliability Upgrade Project (also known as BDPL No. 5 ). The project would be constructed as a 21 mile pipeline, parallel to, and within the existing right-of-way (ROW) of BDPL Nos. 1 and 2, which originate at the Irvington Tunnel Portal in Fremont, pass through the cities of Fremont and Newark in Alameda County, cross the Bay at the Dumbarton Strait, and continue through the cities of East Palo Alto, Redwood City, Menlo Park, and unincorporated areas of San Mateo County. The project would include a seven-mile reach (or sub-segment) in the East Bay that begins approximately 100 feet east of Mission Boulevard, near the Irvington Tunnel Portal, and continues westward through the cities of Fremont and Newark to the Newark Valve Lot. A proposed five-mile tunnel would extend from the Newark Valve Lot to the Ravenswood Valve Lot in Menlo Park, crossing beneath the Bay. From the Ravenswood Valve Lot, BDPL No. 5 would extend nine miles westward to the Pulgas Tunnel Portal in unincorporated San Mateo County.
Preliminary Recommendation: Certify the Environmental Impact Report
Note: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on February 5, 2009. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission during the Public Comment portion of the Commission calendar.
13. 2009.0172C (C. JAROSLAWSKY: (415) 558-6348)
5898 Mission Street - northwest side of Mission Street, between Lawrence and Sickles Avenues, Block 7143, Lot 033 - Request to amend a Conditional Use Authorization under Planning Code Sections 178(3)(c), 303 and 711.4 to extend the hours of operation of the retail market at the ARCO Service Station to 24-hours, seven days a week, within an NC-2 District 40-X Height and Bulk.
preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of June 11, 2009)
Note: On June 11, 2009, following public testimony, the Commissionentertained a motion to disapprove. Motion failed on a vote of +3 -2. Commissioners Moore and Sugaya voted against and Commissioners Lee & Olague were absent. The matter was continued to July 9, 2009 by a vote of +5 -0.
- REGULAR CALENDAR
14. 2009.0454T (E. Forbes: (415) 558-6417)
General Advertising Program Cost Recovery - Consideration of amendments to Planning Code Sections 303, 358 and 604.2, and Administrative Code Section 10.100-166 to increase the annual inventory fee for cost recovery; expand the Planning Department's Code Enforcement Fund sources and uses to enforcement of all Planning Code violations; and to make clarifications to the program.
Preliminary Recommendation: Approval
(Continued from Regular Meeting of June 25, 2009)
15. 2008.0354T: (T. SULLIVAN: (415) 558-6257)
Amendments to Planning Code Section 318 to Clarify Provisions of the South of Market Stabilization Fund [Board File No. 09-0477]. Ordinance introduced by Supervisor Daly amending the Planning Code to clarify certain provisions relating to the South of market (SOMA) Stabilization Fund by amending Section 318.2 and 318.7 to clarify that the Mayor's Office of Community Investment, the successor to the Mayor's Office of Community Development, will manage and expend the Fund; and amending Section 318.3 to clarify that the SOMA Stabilization fee is due before issuance of the final certificate of occupancy or within a time certain after the issuance of first certificate of occupancy, whichever is sooner.
Preliminary Recommendation: Approval
16a. 2008.0788CV (A. Starr: (415) 558-6362)
50-52 GRENARD TERRACE - located in the middle of the block bounded by Van Ness Avenue, Lombard Street, Polk Street and Greenwich Street, Lot 009, in Assessor's Block 0502 - Request for Conditional Use Authorization under Planning Code Sections 253, 303 and 317 to construct a building higher than 40' in height and to demolish the two-unit, two-story over garage building with four bedrooms, and to construct a two-unit, three-story over garage with penthouse building with 5 bedrooms in a RH-3 (Residential, House, Three-Family) District and a 65-A Height and Bulk District.
Preliminary Recommendation: Disapprove
(Continued from Regular Meeting of June 18, 2009
16b. 2008.0788CV (A. Starr: (415) 558-6362)
50-52 GRENARD TERRACE - located in the middle of the block bounded by Van Ness Avenue, Lombard Street, Polk Street and Greenwich Street, Lot 009, in Assessor's Block 0502 - Request for Variances from the front setback and rear yard requirements pursuant to Sections 132 and 134 of the Planning Code, to allow the proposed building to be located within the required 6' front setback and to be located within the required 15' rear yard setback within an RH-3 (Residential, House, Three-Family) District and a 65-A Height and Bulk District.
(Continued from Regular Meeting of June 18, 2009)
17. 2005.0162E (S. Smith: [415] 558-6373)
NEW IRVINGTON TUNNEL PROJECT – Public Hearing on the Draft Environmental Impact Report. The San Francisco Public Utilities Commission (SFPUC) is proposing the New Irvington Tunnel Project (also known as NIT ). The project would be approximately 3.5 miles long, extending west from a new Alameda West Portal in the Sunol Valley to a new Irvington Portal in the City of Fremont. The new tunnel would be located approximately parallel to the existing tunnel, with an internal diameter between 8.5 and 10.5 feet. The depth of the tunnel would range from 30 to 700 feet below ground surface. Construction would occur at four work areas: Alameda West Portal (in Sunol Valley), Sheridan Valley (along Sheridan Road), Vargas (along Vargas Road near Interstate 880), and the Irvington Portal (along Mission Boulevard in the City of Fremont). Written comments will be accepted at the Planning Department's offices until the close of business on Thursday, July 16, 2009.
Preliminary Recommendation: No Action Required
18. 2006.0137E (B. BECKER: (415) 575-9045)
SUNOLVALLEYWATER TREATMENT PLANT EXPANSION AND TREATED WATER RESERVOIR PROJECT - Informational Presentation and Public Hearing on the Draft Environmental Impact Report. The San Francisco Public Utilities Commission (SFPUC) is proposing the Sunol Valley Water Treatment Plant (SVWTP) Expansion and Treated Water Reservoir Project. The SVWTP Project proposes the construction and operation of a new 17.5 million-gallon (MG) treated water reservoir, 3.5 MG chlorine contact tank, flocculation and sedimentation basin, construction of new effluent pipelines within the SVWTP, and a new 78-inch pipeline connecting the new treated water reservoir to the existing 78-inch plant discharge pipeline, which transports water from the plant to the existing Alameda Siphons. Written comments will be accepted at the Planning Department's offices until the close of business on July 17, 2009. Preliminary Recommendation: No Action Required
5:30 p.m. -- [Although the following items may be called after the listed time, they will not be called before.]
19a. 2009.0555D (A. STARR: (415) 558-6362)
19b. 2008.1308D (A. Starr: 415-558-6362)
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:
