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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 19, 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.

               

                1.            2012.0206C                                                                         (M. Smith: (415) 558-6322)

2299 MARKET STREET - south side of the intersection of Market, Noe, and 16th Streets, Lot 091 in Assessor's Block 3564 - Request for Conditional Use Authorization -pursuant to Planning Code Sections 721.21, 721.49 and 303 to establish a 3,314 square-foot bank (d.b.a. “Bank of the West”) in the ground floor commercial space of a newly constructed mixed-use building that is currently under construction.  The bank would offer ATM service in an area that is recessed from the sidewalk.  The subject property is located within the Upper Market Street Neighborhood Commercial District and a 50-X Height and Bulk District. 

                        Preliminary Recommendation: Approval with Conditions

                                (Continued from Regular Meeting of June 28, 2012)

                        (Proposed for Continuance to August 2, 2012)

 

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.         2012.0457C                                                                              (K. GUY: (415) 558-6163)

168-186 EDDY STREET - northeast corner at Taylor Street, Lots 010 and 011 of Assessor’s Block 0331 - Request for an amendment to the conditions of approval for a previously approved Conditional Use Authorization of a Planned Unit Development, and actions regarding shadow impacts pursuant to Planning Code Section 295 (Case No. 2007.1342CK). Specifically, the amendment proposes to extend the performance period for an additional three years for a previously approved project to demolish an existing surface parking lot and construct a new 14-story, 130-foot tall mixed-use building containing approximately 153 affordable dwelling units, approximately 14,250 gross square feet of ground-floor commercial space, a supportive services office, rooftop and second floor open space, one loading space, and no off-street parking. The amendment proposes no changes to the design or intensity of the project as originally approved. The subject property is located within the RC-4 (Residential-Commercial Combined, High Density) District, the North of Market Residential Special Use District (Subarea 1), and the 80-130-T Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

3.         2012.0509C                                                                              (K. GUY: (415) 558-6163)

100 CALIFORNIA STREET - northwest corner at Davis Street; Lot 017 in Assessor’s Block 0236 - Request for an amendment to the conditions of approval for a previously approved Office Allocation, Downtown Project Authorization, and actions regarding shadow impacts pursuant to Planning Code Section 295 (Case No. 2006.0660BKX). Specifically, the amendment proposes to extend the performance period for an additional three years for a previously approved project to construct a six-story vertical addition containing approximately 78,000 square feet of office space to an existing 13-story office building, reaching a total height of approximately 267 feet, and to add a ground-floor retail space measuring approximately 1,500 square feet. The amendment proposes no changes to the design or intensity of the project as originally approved. The subject property is located within the C-3-O (Downtown Office) Zoning District and the 350-S 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.

 

4.         Consideration of Adoption:

·         Draft Minutes of Special & Regular Meetings of June 7, 2012

·         Draft Minutes of Regular Meeting of June 21, 2012

 

5.         COMMISSION SECRETARY POSITION

Members of the Commission Secretary Search Sub-Committee will brief the Commission on the activities and achievements to date to fill the Commission Secretary position once the current position becomes vacant in the fall. 

 

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.

 

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 

 

9.         2012.0814T                                                         (A. JOHN-BAPTISTE: (415) 558-6457)

Amendments to the Transit Impact Development Fee -  The Planning Commission will consider an Ordinance [Board File No. 120523], that would amend the Planning Code by making technical corrections to specified definitions in Section 401 relating to the Transit Impact Development Fee (TIDF); amending Sections 408 and 411 to increase TIDF rates and clarify TIDF implementation and collections issues; and making environmental findings, 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

 

10.        2012.0540C                                                                        (S. Young: (415) 558-6346) 3228 SACRAMENTO STREET - north side between Lyon Street and Presidio Avenue; Lot 011 in Assessor’s Block 1007 - Request for Conditional Use Authorization under Planning Code Sections 303 and 724.44 to convert an approximately 2,480 square-foot retail commercial tenant space (last occupied by a retail furniture and accessories store d.b.a. Pierre Deux and now temporarily occupied by a retail clothing store d.b.a. Blu) into a restaurant (d.b.a. Chez Nico) in a one-story commercial building within the Sacramento Street Neighborhood Commercial Zoning District and a 40-X Height and Bulk District. 

Preliminary Recommendation: Approval with Conditions

 

11.        2012.0547C                                                                              (K. GUY: (415) 558-6163)

1337-1339 GRANT AVENUE - between Green and Vallejo Streets, Lot 003 of Assessor's Block 0131 - Request for an amendment to the conditions of approval for a previously approved Conditional Use Authorization for live entertainment (Case Nos. 1997.170C and 2005.0433C) within an existing restaurant and bar (dba "Tupelo"), within the North Beach Neighborhood Commercial District, the 40-X Height and Bulk District, the North Beach Special Use District, the North Beach Limited Financial Subdistrict, and the Telegraph Hill-North Beach Residential Special Use District. The proposed amendment would allow amplified live entertainment (defined as "Other Entertainment", pursuant to Planning Code Section 790.38), and would extend the permitted hours of entertainment to 12:00PM Noon to 1:30AM (from the previously-approved hours of 7:00PM to 10:00PM).

Preliminary Recommendation:  Approval with Conditions

                       

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: 7/13/2012 9:44:18 AM