october 8, 2009

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, October 8, 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 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 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: 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.

1a. 2008.0719D (S. CALTAGIRONE: (415) 558-6381)

2626 LARKIN STREET - east side between Chestnut and Lombard Streets; Lot 011 in Assessor's Block 0069 - Mandatory Discretionary Review per Section 317 of the Planning Code of Building Permit Application No. 2008.0926.2736, proposing to demolish a three-story, two-unit residential building on a property located within an RH-3 (Residential, House, Three-Family) District and a 40-X Height/Bulk District.

Preliminary Recommendation: Pending

(Proposed for Continuance to October 22, 2009)

1b. 2009.0907D (S. Caltagirone: (415) 558-6381)

2626 Larkin Street - east side between Chestnut and Lombard Streets; Lot 011 in Assessor's Block 0069 - Mandatory Discretionary Review per Section 317 of the Planning Code of Building Permit Application No. 2008.0926.2740, proposing to construct a four-story, two-unit residential building on a property located within an RH-3 (Residential, House, Three-Family) District and a 40-X Height/Bulk District.

Preliminary Recommendation: Pending

(Proposed for Continuance to October 22, 2009)

B. 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

2. 2009.0358C (E. Oropeza: (415) 558-6381)

854 FOLSOM STREET - west side between 4^th and 5^th Streets, Lot 020A in Assessor's Block 3733 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 815.34A and 890.60, to allow a Massage Establishment in conjunction with a personal service use dba,  The Barber Lounge, all within the Residential/Service Mixed Use District (RSD), the Western SOMA Special Use District, and a 40-X / 85-B Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

C. 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.

3. Consideration of Adoption:

• Draft Minutes of Regular Meeting of September 24, 2009.
• Draft Minutes of Regular Meeting of October 2, 2008.

4. 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.

D. DIRECTOR'S REPORT

5. Director's Announcements

6. Review of Past Week's Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.

E. 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.

1. REGULAR CALENDAR

7. 2009.0639C (A. STARR: (415) 558-6362)

1969 California Street - south side between Octavia and Gough Streets, Lot 016, in Assessor's Block 0649 - Request for Conditional Use Authorization under Planning Code Sections 209.9(e) and 303, to allow an art gallery and associated offices in a designated City Landmark, Landmark # 260, the Tobin House, in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions

(Continued from Regular Meeting of October 1, 2009)

8. 2009.0747C: (A. Starr: (415) 558-6362)

2233 Union Street - south side between Steiner and Fillmore Streets, Lot 032, in Assessor's Block 0539 - Request for Conditional Use Authorization under Planning Code Sections 303, 317 and 725.53 to allow a Business/Professional Service use on the third floor of the subject building where a dwelling unit currently exists in the Union Street Neighborhood Commercial District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions

(Continued from Regular Meeting of October 1, 2009)

9. 2008.0787T (T. SULLIVAN: (415) 558-6257)

Amendments relating to Planning Code Section 209.1(m) to amend the requirements for double density housing [Board File No. 09-0906] - Ordinance introduced by Supervisor Chiu amending Planning Code Section by adding Section 102.6.1 to create a definition related to housing for seniors; amending 209.1(m) related to the uses permitted in Residential Districts to update the requirements for obtaining double density for providing senior housing and, adding Section 209.1(o) to require, in certain circumstances, a 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

(Continued from Regular Meeting of October 1, 2009)

10. 2008.0784T (T. SULLIVAN: (415) 558-6257)

Amendments relating to Planning Code Section 227(v) to amend the definition of a tobacco paraphernalia establishment and to amend Section 723 – Polk Street Neighborhood Commercial District to prohibit tobacco paraphernalia establishments [Board File No. 09-0962] - Ordinance introduced by Supervisor Chiu amending Planning Code Section 227(v) to lower the threshold for retail stores to be considered tobacco paraphernalia establishments from 15% of the square footage of the establishment to 10% of the occupied floor area, as defined in Section 102.10, or 10 linear feet of display area in total, whichever is less; amending Sections 790.123 and 890.123 to reflect this amended definition; amending 723.1 and the Table at Section 723 to make tobacco paraphernalia establishments, as defined, not permitted in the Polk Street Neighborhood Commercial District; amending Section 186.1 to change the period of non-use for a non-conforming tobacco paraphernalia establishment to be deemed discontinued in the Polk Street Neighborhood Commercial District from three years to eighteen months; making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval.

11a. 2009.0684D (E. JACKSON: (415) 558-6363)

448 PENNSYLVANIA AVENUE - west side between 19^th and 20^th Streets, Lot 007 in Assessor's Block 4064 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of the demolition of residential buildings and their replacement structures, of Demolition Permit Application No. 2008.12.01.7545 to demolish an existing single family dwelling in an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation.

Preliminary Recommendation: Do not take DR and approve the demolition.

(Continued from Regular Meeting of September 24, 2009)

11b. 2008.1379DDDDDV (E. JACKSON: (415) 558-6363)

448 Pennsylvania Avenue - west side between 19^th and 20^th Streets, Lot 007 in Assessor's Block 4064 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of the demolition of residential buildings and their replacement structures, of Building Permit Application No. 2008.12.01.7550 to construct a two family dwelling as the replacement structure to the proposed demolition of an existing single family dwelling in an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation. Four separate Public Initiated Discretionary Review requests regarding the replacement structure have also been filed and will be considered at this hearing.

Preliminary Recommendation: Take Discretionary Review and approve the new construction with modifications.

(Continued from Regular Meeting of September 24, 2009)

11c. 2008.1379DDDDDV (E. JACKSON: (415) 558-6363)

448 Pennsylvania Avenue - west side between 19^th and 20^th Streets, Lot 007 in Assessor's Block 4064 - Request for Front Setback and Rear Yard Variances pursuant to Planning Code Section 132 and 134 for the construction of a new two family dwelling as the replacement structure to the proposed demolition of an existing single family dwelling within an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation. These Variance requests will be heard and considered by the Zoning Administrator.

(Continued from Regular Meeting of September 24, 2009)

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

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

Adjournment: