San Francisco Planning Department : January 15, 2009

January 15, 2009

SAN FRANCISCO
PLANNING COMMISSION
Notice of Meeting
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, January 15, 2009
1:30 PM
Regular Meeting

President: Christina R. Olague
Vice-President: Ron Miguel
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.

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
Vice-President: Ron Miguel
Commissioners: Michael J. Antonini; Gwyneth Borden; 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. 2008.0720C (P. LAVALLEY: (415) 575-9084)
988 VALENCIA STREET - west side between Liberty and 21st Streets, Lot 009 in Assessor's Block 3608 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 703.3, and 703.4 to establish a formula retail use (dba American Apparel) in the Valencia Neighborhood Commercial District. The subject property is within a 50-X Height and Bulk District and is a contributing resource to the Liberty-Hill Historic District designated under Article 10 of the Planning Code. No building expansion is proposed.
(Proposed for continuance to February 5, 2009)

2. 2007.1269C (B. BENDIX: (415) 575-9089)
3398 22ND STREET - northeast corner at Guerrero and 22nd Streets, Lot 028 in Assessor's Block 3617 - Request for Conditional Use (CU) authorization pursuant to Planning Code Sections 145.2, 303 and 710.26 to legalize a walk-up facility (ATM), dba "Swipe USA", that is not recessed 3-feet from the property line, in an NC-1 (Neighborhood Commercial Cluster) Zoning District with an 40-X Height and Bulk designation.
Preliminary Recommendation: Approval
(Continued from Regular Meeting of November 6, 2008)
(Proposed for continuance to February 5, 2009)

3a. 2006.0826CV (K. GUY: (415) 558-6163)
1946 POLK STREET (AKA 1591 PACIFIC AVENUE) - southeast corner at Pacific Avenue, Lot 024 of Assessor's Block 0596 - Request for Conditional Use Authorization to allow development on a lot exceeding 10,000 square feet, to reduce parking requirements, and to grant an exception to bulk requirements. The proposed project is to demolish an existing 1.5-story retail building and surface parking lot and construct a new 5-story mixed-use building containing approximately 39 dwelling units, approximately 38 parking spaces, and approximately 2,300 square feet of ground-floor retail space. The project site is located within the Polk Street Neighborhood Commercial District, and a 65-A Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Continued from the Regular Meeting of December 11, 2008)
(Proposed for continuance to January 22, 2009)

3b. 2006.0826CV (K. GUY: (415) 558-6163)
1946 POLK STREET (AKA 1591 PACIFIC AVENUE) - southeast corner at Pacific Avenue, Lot 024 of Assessor's Block 0596 - Request for a Modification of Rear Yard Requirements within a Neighborhood Commercial District. The proposed project is to demolish an existing 1.5-story retail building and surface parking lot and construct a new 5-story mixed-use building containing approximately 39 dwelling units, approximately 38 parking spaces, and approximately 2,300 square feet of ground-floor retail space. The project site is located within the Polk Street Neighborhood Commercial District, and a 65-A Height and Bulk District. The Zoning Administrator will consider the request for modification of rear yard requirements concurrently with the Planning Commission's consideration of the conditional use authorization at this same hearing.
(Continued from the Regular Meeting of December 11, 2008)
(Proposed for continuance to January 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

4. 2008.0005C (B. BENDIX: (415) 575-9089)
439 BOWDOIN STREET - east side, between Silver Avenue and Silliman Street, Lot 026 in Assessor's Block 5918 - Request for Conditional Use Authorization pursuant to Planning Code Sections 121(f) and 303 to subdivide the subject property and establish a lot with less than the required 25-foot width. No alteration is proposed for the existing dwelling unit; however, the proposal includes the demolition of the adjacent detached garage, and construction of a three-story, single family dwelling. The project site is located within an RH-1 (Residential, House, Single-Family) Zoning District with a 40-X Height and Bulk designation.
Preliminary Recommendation: Approval with conditions

5. 2008.1150C (A. STARR: (415) 558-6362)
1348 - 10TH AVENUE - east side between Irving and Judah Streets, Lot 031, in Assessor's Block 1764 - Request for Conditional Use Authorization under Planning Code Sections 209.9(e) and 303 to allow a general office use (dba Guadalupe Associates) in a residential district that will be located within a designated City Landmark, Landmark # 29, Old Fire House Engine 22 in a RH-2 (Residential, House, Two Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions

6. 2008.1196C (D. SANCHEZ: (415) 575-9082)
3085 24TH STREET - south side, between Folsom and Lucky Streets, Lot 040 in Assessor's Block 6521 - Request for Conditional Use Authorization under Planning Code Sections 727.52 and 303 to allow for the establishment of a personal service use (dba Jasmine Beauty Spa) situated on the second story within the 24th Street - Mission Neighborhood Commercial Transit District and a 40-X Height and Bulk designation.
Preliminary Recommendation: Approval with conditions

C. COMMISSIONERS' QUESTIONS AND MATTERS

7. ELECTION OF OFFICERS: In accordance with the Rules and Regulations of the San Francisco Planning Commission, the President and Vice President of the Commission shall be elected at the first Regular Meeting of the Commission held on or after the 15th day of January of each year, or at a subsequent meeting, the date which shall be fixed by the commission at the first Regular Meeting on or after the 15th day of January each year.

8. 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

9. Director's Announcements

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

E. GENERAL PUBLIC COMMENT - 15 MINUTES

F. REGULAR CALENDAR

11. 2008.1265C (K. GUY: (415) 558-6163)
1424-1428 BUSH STREET - between Van Ness Avenue and Polk Street, Lot 004 of Assessor's Block 0667 - Request for Conditional Use Authorization to allow the relocation of an existing non-conforming Adult Entertainment use (dba "Frontlyne Inc.") from 1259 Polk Street (Lot 026 of Assessor's Block 0670) to 1424-1428 Bush Street, within the Polk Street Neighborhood Commercial District and the 65-A Height and Bulk District. Minor interior changes are proposed for the property at 1424-1428 Bush Street, however, the exterior of the building will not be altered.
Preliminary Recommendation: Approval with Conditions

12a. 2006.1294BKMXZ (K. GUY: (415) 558-6163)
110 THE EMBARCADERO - west side between Mission and Howard Streets, Lot 002 of Assessor's Block 3715 - Request for Allocation of Square Footage under the Annual Office Development Limitation Program. The proposed project is to demolish an existing office building and to construct a new 10-story over basement building containing approximately 52,890 square feet of office uses, 2,490 square feet of ground floor retail space, 2,670 square feet of rooftop open space, and no parking spaces. The project site is located within the C-3-O Zoning District, and the 84-X Height and Bulk District.
(Continued from Regular Meeting of December 4, 2008)

12b. 2006.1294BKMXZ (K. GUY: (415) 558-6163)
110 THE EMBARCADERO - west side between Mission and Howard Streets, Lot 002 of Assessor's Block 3715 - Review under Planning Code Section 295 Regarding Shadow Impacts to Public Parks. The proposed project is to demolish an existing office building and to construct a new 10-story over basement building containing approximately 52,890 square feet of office uses, 2,490 square feet of ground floor retail space, 2,670 square feet of rooftop open space, and no parking spaces. The project site is located within the C-3-O Zoning District, and the 84-X Height and Bulk District.
(Continued from Regular Meeting of December 4, 2008)

12c. 2006.1294BKMXZ (K. GUY: (415) 558-6163)
110 THE EMBARCADERO - west side between Mission and Howard Streets, Lot 002 of Assessor's Block 3715 - Request for a General Plan Amendment to amend certain exhibits of the General Plan to reclassify the subject property from the 84-X to the 130- Height and Bulk District. The proposed project is to demolish an existing office building and to construct a new 10-story over basement building containing approximately 52,890 square feet of office uses, 2,490 square feet of ground floor retail space, 2,670 square feet of rooftop open space, and no parking spaces. The project site is located within the C-3-O Zoning District, and the 84-X Height and Bulk District.
(Continued from Regular Meeting of December 4, 2008)

12d. 2006.1294BKMXZ (K. GUY: (415) 558-6163)
110 THE EMBARCADERO - west side between Mission and Howard Streets, Lot 002 of Assessor's Block 3715 - Determination of Compliance under Planning Code Section 309 (the Downtown Plan), with exceptions to the requirements for "Freight Loading Maneuvering" and "Reduction of Ground-Level Wind Currents in C-3 Districts". The proposed project is to demolish an existing office building and to construct a new 10-story over basement building containing approximately 52,890 square feet of office uses, 2,490 square feet of ground floor retail space, 2,670 square feet of rooftop open space, and no parking spaces. The project site is located within the C-3-O Zoning District, and the 84-X Height and Bulk District.
(Continued from Regular Meeting of December 4, 2008)

12e. 2006.1294BKMXZ (K. GUY: (415) 558-6163)
110 THE EMBARCADERO - west side between Mission and Howard Streets, Lot 002 of Assessor's Block 3715 - Request to Reclassify the subject property from the 84-X to the 130- Height and Bulk District. The proposed project is to demolish an existing office building and to construct a new 10-story over basement building containing approximately 52,890 square feet of office uses, 2,490 square feet of ground floor retail space, 2,670 square feet of rooftop open space, and no parking spaces. The project site is located within the C-3-O Zoning District, and the 84-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of December 4, 2008)

13. 2008.0743D (G. CABREROS (415) 558-6169
1527 BEACH STREET - south side between Webster and Buchanan Streets; Lot 051 in Assessor's Block 0445A - Request for Discretionary Review of Building Permit Application No. 2007.11.13.8019, proposing to construct a partial fourth floor within the footprint of the existing two-unit, three-story building to create additional habitable space for the upper dwelling unit in an RH-2 (Residential House, Two-Family) Zoning District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and Approve.

14. 2008.0147D (B. FU: (415) 558-6613)
763 UNIVERSITY STREET - east side, between Dwight and Olmstead Streets; Lot 056 in Assessor's Block 6131 - Request for Discretionary Review of Building Permit Application No. 2007.04.13.8788 proposing to modify a previous approval for alteration, by expanding the depth of an existing single-family dwelling in a RH-1 (Residential, House - One-Family) District with a 40-X Height and Bulk Designation.
Preliminary Recommendation: Do Not Take Discretionary Review and Approve Project as Proposed.

15. 2006.0203E (C. DOVZAK: (415) 575-9030)
SAN ANDREAS PIPELINE NO.3 INSTALLATION PROJECT - Public Hearing in the Draft Environmental Impact Report. The San Francisco Public Utilities Commission (SFPUC) is sponsoring a proposed project that requires the installation of approximately 23,400 feet (4.4 miles) of new pipeline to extend the existing San Andreas Pipeline No. 3 (SAPL3) from the San Pedro Valve Lot (SPVL) in Daly City to Merced Manor Reservoir (MMR) in San Francisco. For approximately half its length, the pipeline would follow the alignment of the Baden Merced Pipeline, which has been taken out of service because of its deteriorated condition. For the other sections of the pipeline, the San Francisco Public Utilities Commission (SFPUC) has chosen alternative routes to minimize environmental impacts. Where the proposed SAPL 3 alignment differs from the existing BMPL alignment, the BMPL would either be filled with a concrete slurry mixture or would be capped. The alignment follows city streets, except in two locations (the San Francisco Golf Club and the Lake Merced Golf Club). The Project would be constructed using the open-trench method ("cut and cover") for most of the pipeline and a trenchless ("jack and bore") method at high-traffic intersections (at John Daly Boulevard and Sheffield Drive in Daly City, at 19th Avenue and Crespi/Holloway Avenue in San Francisco, and at 19th Avenue and Eucalyptus Drive in San Francisco). In addition to the pipeline main, the Project also includes the installation of crossover pipelines, five customer service connections, various underground vaults, appurtenances, and a cathodic projection system. Key features of the proposed Project include:
" Requires the installation of 4.4 miles of new pipeline;
" Entails open trench construction for most of the alignment, but will use 'Jack and bore' construction at three busy intersections; and
" The alignment will pass through the Lake Merced Golf Course and the San Francisco Golf Course.
Written comments on the DEIR will be accepted at the Planning Department's office until the close of business on January 28, 2009.
Preliminary Recommendation: No Action Required. Public hearing to receive comments only.

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 10:00:04 PM