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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, April 12, 2012
12:00 PM
Regular Meeting
President: Rodney Fong
Vice-President: Cindy Wu
Commissioners: Michael J. Antonini; Gwyneth Borden; Ron Miguel;
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: Rodney Fong
Vice-President: Cindy Wu
Commissioners: Michael J. Antonini; Gwyneth Borden; Ron Miguel;
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.
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
1. 2012.0128B (C. Teague: (415) 575-9081)
375 ALABAMA STREET - east side between 16th and 17th Streets, Lot 002 in Assessor's Block 3966 - Request for Office Development Authorization pursuant to Planning Code Sections 179.1, 321, and 322 to establish 48,189 gross square feet of office use on the entire third floor and a portion of the fourth floor in a PDR-1-G (Production Distribution and Repair - General) Zoning District and 68-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
2. 2011.1239C (D. Sánchez: (415) 575-9082)
901 Cortland Avenue - northwest corner of Gates Street, Lot 038 in Assessor’s Block 5660 - Request for Conditional Use Authorization under Planning Code Sections 303 and 711.54 to establish a 600 square foot massage establishment (d.b.a. Traditional Chinese Massage) within the NC-2 (Small Scale Neighborhood Commercial) Zoning District and a 40-X Height and Bulk district.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of March 22, 2012)
3. 2011.0969C (A. PUTRA: (415) 575-9079)
5098 MISSION STREET - northwest corner of Mission Street and Geneva Avenue; Lot 016 in Assessor’s Block 6969 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 703.4, to allow a formula retail use operating as a self-service specialty food use (d.b.a. Quiznos) within an existing automotive gas station and retail grocery store (d.b.a. Chevron Extra Mile) in an NC-3 (Neighborhood Commercial, Moderate Scale) District and 65-A Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
4. 2011.1216C (D. Vu: (415) 575-9120)
9 WEST PORTAL AVENUE - south side between Ulloa and Vicente Streets ; Lot 029 in Assessor’s Block 2979A - Request for Conditional Use Authorization pursuant to Planning Code Section 303, to modify the Conditions of Approval contained in Motion No. 18163, Case No. 2010.0422C, and allow an increase in the permitted hours of operation and an increase in the number of seats for the existing bar and liquor store (d.b.a. Vin Debut) within the West Portal Avenue NC (Neighborhood Commercial) Zoning District and 26-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
5a. 2011.0588CEV (E. WATTY: (415) 558-6620)
929 BRODERICK STREET – west side between Turk Street and Golden Gate Avenue; Lot 006 in Assessor’s Block 1152 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.1(h) and 303, to add a sixth dwelling-unit to the existing five-unit residential building on a lot measuring approximately 6,351sf. The project site is located within the RH-3 (Residential, House, Three-Unit) Zoning District, and 40-X Height and Bulk District.
Preliminary Recommendation: Approval with conditions
5b. 2011.0588CEV (E. WATTY: (415) 558-6620)
929 BRODERICK STREET – west side between Turk Street and Golden Gate Avenue; Lot 006 in Assessor’s Block 1152 - Request for Variances, pursuant to Planning Code Sections 134 and 188, to encroach into the required rear yard by expanding the volume of the existing noncomplying structure. The project site is located within the RH-3 (Residential, House, Three-Unit) Zoning District, and 40-X Height and Bulk District.
C. COMMISSIONERS’ QUESTIONS AND MATTERS
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.
D. 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.
9. (T. OJEDA: (415) 558-6251)
2011 RHNA ANNUAL REPORT (DIRECTOR’S REPORT)
The Regional Housing Needs Allocation (RHNA) targets, as determined by the state Department of Housing and Community Development (HCD) and the regional Association of Bay Area Governments (ABAG), calls for a total of almost 31,200 units for the current Housing Element reporting cycle (January 1, 2007 through June 30, 2014). Of this total, approximately 18,890 or 60% must be affordable to households earning moderate incomes or lower. In compliance with Government Code Section 65400, the Planning Department prepared and submitted to the state HCD an annual report on the status and progress in implementing the jurisdiction’s housing element by the mandated yearly deadline of April 1. The report listed affordable housing built, including affordable housing rehabilitated, preserved and/or acquired, during the 2011 reporting year. A table summarizing progress towards meeting housing production targets to date is also included as part of the report.
Preliminary Recommendation: Information only – No action required
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.
F. REGULAR CALENDAR
10. 2004.1004EKC (C. Teague: (415) 575-9081)
1150 16th Street (aka 1201 8th Street) - north side between 8th Street and Hubbell Street, Lot 007 in Assessor's Block 3821 - Request for Conditional Use Authorization pursuant to Planning Code Sections 175.6, 215, and 303. The proposal is to demolish the existing single-story building and construct two adjoined, mixed-use buildings. The 1150 16th Street building is a 58 feet tall structure containing ground floor retail and 15 dwelling units above. The adjoining 1201 8th Street building is a 68 feet tall structure containing ground floor retail and PDR uses above. The two buildings share a basement level garage containing 14 residential parking spaces and 8 commercial parking spaces. The project site falls in the PDR-1-D (Productions, Distribution, and Repair - Design) Zoning District and 68-X Height and Bulk District. The 1150 16th Street building is subject to the Eastern Neighborhood "Pipeline" controls of Planning Code Section 175.6 and the original zoning and height/bulk districts on the application filing date, which were M-2 (Heavy Industrial) District and a 50-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
11. 2012.0174T (A. Starr: (415) 558-6362)
AMENDMENTS TO THE SAN FRANCISCO PLANNING CODE TO INCLUDE FINANCIAL SERVICES IN THE DEFINITION OF FORMULA RETAIL [Board File No. 12-0047] Ordinance introduced by Supervisor Mar amending the San Francisco Planning Code by: 1) amending Section 703.3(c) to include financial services within the uses subject to formula retail controls in Neighborhood Commercial Districts; 2) amending Section 806.3(c) including financial services within the uses subject to formula retail controls in Mixed Use Districts; 3) amending Section 303.3(i) making conforming amendments; and 4) making findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and with the Priority Policies of Planning Code Section 101.1.
Preliminary Recommendation: Approval with modifications.
12a. 2011.0532T (A. STARR: (415) 558-6362)
Uses, Signs, Building Features, Floor Area Ratio, Parking, and Compliance in Specified Use Districts - The Commission will consider a proposed Ordinance [BF 110548] amending the San Francisco Planning Code by repealing Sections 136.2, 136.3, 158, 187, 249.15, 263.2, 263.3, 602.25, 602.26, 607.3 and 607.4 and amending various other Code sections as well as additional recommendations by Planning staff. Specifically, the proposed Ordinance would (1) increase the amount of principally permitted parking spaces for dwellings in RC-4 and C-3 Districts; (2) make off-street parking requirements in the Van Ness Special Use District and RC-3 Districts consistent with those of RC-4 Districts; (3) eliminate minimum parking requirements for the Chinatown Mixed Use Districts and North Beach Neighborhood Commercial Districts; (4) allow exceptions from required parking under specified circumstances; (5) amend the restrictions on off-street parking rates and extend them to additional zoning districts, (6) revise sign, awning, canopy and marquee controls in specified zoning districts; (7) increase the permitted use size for limited corner commercial uses in RTO and RM districts, and allow reactivation of lapsed limited commercial uses in R districts; (8) revise the boundaries of and modify parking and screening requirements in the Washington-Broadway and Waterfront Special Use Districts; (9) modify controls for uses and accessory uses in Commercial and Residential-Commercial Districts; (10) permit certain exceptions from exposure and open space requirements for historic buildings; and (11) modify conformity requirements in various use districts; adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1.
(Continued from Regular Meeting of March 1, 2012)
NOTE: On October 20, 2011, although informational only and no action was required, the Commission continued this item to 12/15/11
NOTE: On December 15, 2011, following public testimony, the Commission continued the matter to 2/9/12 by a vote of (+7 -0).
NOTE: On February 9, 2012, following public testimony, the Commission continued the matter to 3/1/12 by a vote of (+6 -0).
NOTE: On March 1, 2012, following public testimony, the Commission continued the matter to 4/12/12 by a vote of (+7 -0)
12b. 2011.0533Z (A. STARR: (415) 558-6362)
Zoning Map Amendments – Washington-Broadway Special Use District 1; Waterfront Special Use District 2 and 3; Special Districts for Sign Illumination; and Special Districts for Scenic Streets - The Commission will consider a proposed Ordinance [BF 110547] introduced by Supervisor Chiu concerning Sheets SU01, SS01 and SS02 of the San Francisco Zoning Map as well as additional recommendations by Planning staff. Specifically, the proposed Ordinance would amend the San Francisco Planning Code by 1) adding blocks and lots to the Washington-Broadway Special Use District 1; 2) adding blocks to the Waterfront Special Use District 2; 3) deleting blocks and add lots to the Waterfront Special Use District 3; 4) making the boundaries of the Special District for Sign Illumination on Broadway co-extensive with the Broadway Neighborhood Commercial District; 5) deleting the Van Ness Special District for Sign Illumination; and 6) adding The Embarcadero from Taylor Street to Second Street to the Special District for Scenic Streets; adopting findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1.
(Continued from Regular Meeting of March 1, 2012)
NOTE: On October 20, 2011, although informational only and no action was required, the Commission continued this item to 12/15/11
NOTE: On December 15, 2011, following public testimony, the Commission continued the matter to 2/9/12 by a vote of (+7 -0).
NOTE: On February 9, 2012, following public testimony, the Commission continued the matter to 3/1/12 by a vote of (+6 -0).
NOTE: On March 1, 2012, following public testimony, the Commission took action on the Embarcadero scenic sign issues and continued the remainder of the matter to 4/12/12 by a vote of (+5 -1); Commissioner Moore voted against and Commissioner Fong was recused
13. 2012.0167TZ (A. Starr: (415) 558-6362)
AMENDMENTS TO THE SAN FRANCISCO PLANNING CODE AND ZONING MAP SHEET SU08 TO ESTABLISH THE 9TH STREET POWER RETAIL SPECIAL USE DISTRICT FOR PROPERTY LOCATED AT 555 9TH STREET [Board File No. 12-0083] Ordinance introduced by Supervisor Kim adding Section 249.66 (to be changed to Section 249.67 or the next available number under Section 249) to establish the 9th Street Power Retail Special Use District for property located at 555-9th Street (Assessor’s Block No. 3781, Lot No. 003); amending the San Francisco Zoning Map Sheet SU08 to show the boundaries of the 9th Street Power Retail Special Use District; and making environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Preliminary Recommendation: Approval with modifications.
14. 2011.1151D (A. STARR: (415) 558-6362)
640 HAYES STREET - north side between Laguna and Buchannan Streets; Lot 008 in Assessor’s Block 0806 - Request for Discretionary Review of Building Permit Application No. 2010.12.08.6310, proposing to legalize a horizontal addition constructed without permit, and to add a new dwelling unit at the ground floor of the existing three-story, two-unit building within the RTO (Residential, Transit Oriented) Zoning District and 40-X Height and Bulk District.
Staff Analysis: Abbreviated Discretionary Review
Preliminary Recommendation: Do not take Discretionary Review and approve
(Continued from Regular Meeting of January 19, 2012)
(Continued from Regular Meeting of March 15, 2012)
15. 2011.1058D (E. Watty: (415) 558-6620)
471 JESSIE STREET – south side between Mint and 6th Streets; Lot 028 in Assessor’s Block 3704 – Mandatory Discretionary Review of Building Permit Application No. 2011.11.08.8514, pursuant to Planning Code Sections 217(k), to allow a new Medical Cannabis Dispensary (dba “JM Collective”) to locate within the existing vacant ground-floor tenant space. The proposed dispensary would not include on-site smoking, vaporizing, or cultivation, nor would it sell any cannabis food stuffs. The property is located within the C-3-G (Downtown General Commercial) District and 160-F Height and Bulk District.
Preliminary Recommendation: Take DR and Disapprove
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
