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SAN FRANCISCO
PLANNING COMMISSION
Notice of Meeting
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, July
21, 2011
12:00 PM
Regular Meeting
President: Christina R.
Olague
Vice-President: Ron
Miguel
Commissioners:
Michael J. Antonini; Gwyneth Borden; Rodney Fong; 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.
Case
reports and relevant materials are linked to the items on calendar at the
above web site.
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 9:30 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.
12:00 PM
_________
ROLL
CALL:
President:
Christina R.
Olague
Vice-President:
Ron Miguel
Commissioners:
Michael
J. Antonini; Gwyneth Borden; Rodney Fong; Kathrin Moore; Hisashi Sugaya
A.
CLOSED SESSION:
1.
Public Comments on Matters to be discussed in Closed Session.
2.
Consider Adoption of Motion on Whether to Assert the Attorney-Client
Privilege Regarding the Matters Listed Below as Conference With Legal Counsel.
(San Francisco Administrative Code Section 67.10(d).)
THE PLANNING COMMISSION WILL GO INTO CLOSED SESSION TO DISCUSS THE
FOLLOWING:
3. Conference with Legal Counsel - Pursuant to California Government
Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)
to discuss pending litigation and consideration of pursuing settlement in
Metro Fuel LLC v. City and County of San Francisco et al., United
States District Court Case No. C07-6067 PJH, which was filed November 30, 2007;
Metro Fuel also filed a notice of appeal on April 19, 2011, which is pending
before the United States Ninth Circuit Court of Appeals, Case No.
11-15966; and
to discuss potential litigation against Metro Fuel LLC, with the City as
plaintiff pursuant to California Government Code Section 54956.9(c) and San
Francisco Administrative Code Section 67.10(d). (Kate Stacy and Tom Lakritz)
FOLLOWING THE CLOSED SESSION, THE PLANNING COMMISSION WILL
RECONVENE IN OPEN SESSION.
4.
The Planning Commission will make an announcement following Closed
Session and will consider a motion regarding whether to disclose the discussions
during Closed Session.
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 July 7, 2011
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, Board of Appeals, and
Historic Preservation Commission.
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.
REGULAR CALENDAR
9.
(J.
RAHAIM; (415) 558-6411)
PLANNING
COMMISSION RESPONSE TO GRAND JURY REPORT ON PARKMERCED - The San
Francisco Civil Grand Jury issued a report on May 17, 2011 regarding the
Parkmerced project containing a number of findings and recommendations. The
Planning Commission is required to respond within 60 days to each finding and
recommendation. In coordination with the Office of Workforce and Economic
Development and the City Attorney's office, staff has drafted a response letter
for the Commission's review.
Preliminary Recommendation: Approve the draft response letter to
the Grand Jury
10.
2011.0559TZ
(S. WERTHEIM:
(415) 558-6612)
DEPARTMENT-SPONSORED PLANNING CODE, ADMINISTRATIVE CODE, AND ZONING MAP
AMENDMENTS RELATED TO EASTERN NEIGHBORHOODS
-
The Planning Commission
will consider a Resolution to approve amendments to the Planning Code,
Administrative Code, and Zoning Map. The amendments are intended to a) improve
the City’s ability to implement the goals, objectives, and policies of the
Eastern Neighborhoods Plan, b) make technical corrections to the Code, c) update
land use tables in the Eastern Neighborhoods, d) clarify language for affordable
housing tiers and the use of historic buildings in the UMU District, e) clarify
permitted modifications for Large Project Authorizations in the Eastern
Neighborhoods. Planning Code sections proposed for amendment include Sections
102.5, 121.8, 134, 135, 140, 145.1, 145.5, 151.1, 157.1, 175.8, 207.1, 218, 227,
231A, 249.36, 249.37, 249.38, 329, 352, 401, 411.3, 419.2, 419.5, 423.5, 607.2,
726, 734.1, 735.1, 736.1, 781.5, 803.3, 803.8, 803.9, 814.31, 814.49, 840, 841,
842, 843, 890.49, and 890.54.
Preliminary Recommendation:
Approval of proposed Ordinance to the Board of Supervisors.
11a.
2010.0501D
(G. CABREROS: (415) 558-6169)
3020 LAGUNA
STREET
- east side between Greenwich Street and Harris Place; Lot 029 in Assessor’s
Block 0519 - Mandatory Discretionary Review, pursuant to Planning Code
Section 317(d), of Demolition Permit Application No. 2010.09.27.1660, proposing
to demolish a two-story, single-family residence within the RH-2 (Residential,
House, Two-Family) Zoning District and 40-X Height and Bulk District.
Staff
Analysis: Full Discretionary Review
Preliminary
Recommendation: Do not take Discretionary Review and approve
11b.
2011.0541D
(G. CABREROS: (415) 558-6169)
3020 LAGUNA
STREET
- east side between Greenwich Street and Harris Place; Lot 029 in Assessor’s
Block 0519 - Mandatory Discretionary Review, pursuant to Planning Code
Section 317(d), of Building Permit Application No. 2010.09.27.1661, proposing to
construct a new four-story, two-unit residential building within the RH-2
(Residential, House, Two-Family) Zoning District and 40-X Height and Bulk
District.
Staff
Analysis: Full Discretionary Review
Preliminary
Recommendation: Do not take Discretionary Review and approve
11c.
2011.0541V
(G. CABREROS: (415) 558-6169)
3020 LAGUNA
STREET
- east side between Greenwich Street and Harris Place; Lot 029 in Assessor’s
Block 0519 - Request for variances from the front setback, rear yard and
dwelling unit exposure requirements, pursuant to Planning Code Sections 130,
134, 140 and 305, to allow new construction of a four-story, two-unit
residential building within the RH-2 (Residential, House, Two-Family) Zoning
District and 40-X Height and Bulk District.
12.
2008.1342D
(S. LAI: (415) 575-9087)
197 LAIDLEY
STREET
- northeast corner of Laidley and Fairmount Streets; Lot 012 in Assessor’s Block
6664 - Request for Discretionary Review of Building Permit Application
No. 2008.12.11.8300, proposing to raise the height of the existing single-family
home by 4 feet, 6 inches, to eliminate one off-street parking space and to
construct a new roof deck at the rear. This project necessitates a
front-setback variance, which was heard on March 23, 2011, and will be continued
to a future hearing. The property is located in a RH-2 (Residential, House,
Two-Family) Zoning District and 40-X Height and Bulk District.
Staff
Analysis: Abbreviated Discretionary Review
Preliminary Recommendation: Do not take Discretionary Review and
approve
3:00 P.M.
13.
2007.0030E
(N. TURRELL: (415) 575-9047)
8 WASHINGTON STREET
- north side of Washington Street between The Embarcadero and Drumm Street;
Assessor’s Block 168/Lot 58, Block 171/69, Block 201/Lot 12 and Seawall Lot 351,
which includes Lot 13. - Public Hearing on the Draft Environmental Impact
Report. The proposed project would include demolition of the existing health
club facility, and the existing surface parking lot on Seawall Lot 351, and
construction of two residential buildings south of the Jackson Street alignment
that would contain approximately 165 residential units and range in height from
4 to 12 stories. The residential buildings, underground parking for up to 420
parking spaces, retail and restaurant use, fitness center, common areas and
service/core space would encompass approximately 575,000 gross square feet of
space. The project site is in the RC-4 (Residential/Commercial Combined: High
Density) use district and the 84-E height and bulk district.
NOTE:
Written comments will be accepted at the Planning Department until 5:00 p.m. on
August 15, 2011.
Preliminary Recommendation:
No Action Required
F.
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:
*** Notice of PROPOSED Future Agenda Items ***
CPC RULES AND REGULATIONS
August
4, 2011
- Proposed Adoption of Amendments (proposed by the Commission)
NOTE:
Hearing dates listed above may be tentative. This notice is not final public
notification, but is intended to inform interested parties about up-coming
items.
ALWAYS VERIFY THAT ANY ITEM OF INTEREST IS SCHEDULED FOR A HEARING ON THE
FINAL PUBLISHED CALENDAR FOR THAT DATE.