July 26, 2012

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, July 26, 2012

12:00 PM

Regular Meeting

 

                                                                       

                                 President:                        Rodney Fong

         Vice-President:                 Cindy Wu

                                 Commissioners:                Michael J. Antonini; Gwyneth Borden; 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 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; 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.         2011.0931EC                                                                 (A.Hollister: (415) 575-9078)

4-20 OCTAVIA BOULEVARD (A.K.A. 8 OCTAVIA BOULEVARD & PARCEL “V”) - lot bounded by Octavia Boulevard, Haight Street, and Market Street, Lot 011 of Assessor’s Block 0855 -  Request for Conditional Use Authorization to 1) Allow development on a lot exceeding 10,000 square feet, and 2) Allow off-street parking access from Octavia Boulevard. The proposal is to construct a new five- to nine-story development on a vacant lot containing up to 49 dwelling units, approximately 2,000 square feet of ground floor commercial uses, 24 off-street residential parking spaces and one off-street commercial parking space within an underground garage.

Preliminary Recommendation: Approval with Conditions

                        (Proposed for Continuance to August 9, 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.         2012.0456X                                                                    (A. HOLLISTER:  (415) 575-9078)

1390 MARKET STREET - north side bounded by Hayes, Polk and Market Streets; Lot 006 in Assessor’s Block 0813 - Request for an amendment to the conditions of approval for a Determination of Compliance with Planning Code Section 309. Specifically, the amendment proposes to extend the performance period for an additional two years for a previously approved project to construct an 11-story building containing up to 250 dwelling units and approximately 19,880 square feet of ground-floor commercial uses. 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-G (Downtown General Commercial) Zoning District and the 120-X and 200-S Height and Bulk Districts.

Preliminary Recommendation:  Approval with Conditions

 

3.         2012.0348C                                                                          (A. Putra: (415) 575-9079)

175 JUNIPERO SERRA BOULEVARD - northeast corner of Junipero Serra Boulevard  and Darien Way; Lot 006 in Assessor’s Block 3250 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.3(f) and 303 to establish a child care facility for 15 or more children (d.b.a Alpha Kids Academy) within an existing church.  The proposed child care facility is located within an RH-1(D) (Residential, Single-family, Detached) District, and a 40-X Height and Bulk District. 

                        Preliminary Recommendation:  Approval with Conditions

 

            4.         2011.1410B                                                                        (R. SUCRE: (415) 575-9108)

275 BRANNAN STREET - located on the southwest corner of Brannan and Colin P. Kelly, Jr. Streets, Lot 009 in Assessor’s Block 3789 - Request for an Office Development Authorization under Planning Code Sections 321, 842.65 and 842.66 for approximately 48,500 gross square feet on the first, second, and third floors within the MUO (Mixed Use Office) Zoning District, South End Historic District, and a 65-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

5.         2012.0672C                                                                     (E. Jackson: (415) 558-6363)

777 VALENCIA STREET - east side between 18^th and 19^th Streets; Lots 088 and 108 in Assessor’s Block 3589 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 121.2, 303, and 726.53, to enlarge the use size authorization for a Jazz Club (dba Preservation Hall West) and Restaurants approved under Motion 18225 from 8,595 square feet to 10,015 square feet, and to allow 2,952 square feet of Business and Professional Services on the second floor. The project is located within the Valencia Street Neighborhood Commercial Transit District (Valencia NCT), a 55-X Height and Bulk

District, and the Mission Alcoholic Beverage Special Use Subdistrict. 

Preliminary Recommendation: Approval with Conditions

 

6.         2012.0274C                                                                           (S.Young: (415) 558-6346)

542 - 550 DIVISADERO STREET - east side between Hayes and Fell Streets; Lots 024 and 037 in Assessor’s Block 1203 - Request for Conditional Use Authorization under Planning Code Sections 121.2, 303, and 711.21 to allow a use size over 4,000 square feet through the combination of a vacant retail commercial tenant space (previously occupied by a grocery store d.b.a. Divisadero Farmer’s Market Liquor & Deli) at 550 Divisadero Street with a vacant commercial tenant space (previously occupied by a grooming and pet supply store d.b.a. Tae Hee’s) to establish an approximately 7,350 square foot  grocery store (d.b.a. Bi-Rite).  There will be an interior connection between the two buildings, with the grocery store customer service areas located at 550 Divisadero Street and the storage and refrigeration areas located at 542 Divisadero Street.

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.

 

7.         Consideration of Adoption:

 

·         Draft Minutes of Regular Meeting of May 24, 2012

·         Draft Minutes of Regular Meeting of June 14, 2012

 

8.         COMMISSION SECRETARY POSITION – Announcement/Posting

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.  The Commission could consider the draft Job Announcement and list of posting venues for approval or modification.

            (Continued from Regular Meeting of July 19, 2012)

 

 

9.         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

 

10.        Director’s Announcements

           

11.        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 

 

12.        2012.0200C                                                                      (E. Jackson: (415) 558-6363)

3730 MISSION STREET - west side between Park Street and Highland Avenue; Lot 045 in Assessor’s Block 6688 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 185, 303 and 711.59 to allow a new Automotive Repair shop within an existing 9,375 square foot commercial building.  The project is located within NC-2 (Small-Scale Neighborhood Commercial) and RH-2 (Residential, House, Two-Family) Zoning Districts, and a 40-X Height and Bulk District. 

Preliminary Recommendation: Approval with Conditions

 

13.        2012.0645X                                                                                 (B. FU: (415) 558-6613)

399 Fremont Street - northeast corner of Harrison and Fremont Streets, Lot 002 in Assessor’s Block 3747 - Request under Planning Code Sections 309.1, 825 and 827 to allow a time extension for a previously approved project within the RH DTR (Rincon Hill Downtown Residential Mixed Use) District with a 85/400-R Height And Bulk Designation. The proposal would extend the approval for determination of compliance under Planning Code Section 309.1 under Motion No. 18411 for an additional 12 months.  The approved proposal was to construct a new residential project in a 400-foot building that would consist of approximately 452 dwelling units, up to 238 off-street parking spaces, and for the granting of exceptions to allow greater than one parking space for every two dwelling units under Planning Code Sections 151.1(d) and 309.1(b)(1)(b), for reduction of the dwelling unit exposure requirements under Planning Code Sections 140 and 309.1(b)(1)(d), and to provide exceptions to the separation of towers requirement under Planning Code Sections 270(e) and 309.1(b)(1)(a).  The approval period would be extended to June 15, 2013.  The Director of the Planning Department recommends approval to the extension request and a written report is available for public review at the office of the Planning Department.  Exterior design changes are proposed in addition to the extension request.

Preliminary Recommendation: Approval with Conditions

 

14.        2012.0194HX                                                                 (P. LAVALLEY: (415) 575-9084)

459 GEARY STREET - mid-block on south side of street between Mason and Taylor Streets, Assessor’s Block 0316, Lots 018 - Request for Downtown Project Authorization pursuant to Planning Code Section 309, with an exception to height limits in the 80-130-F Height and Bulk District as permitted in Planning Code Section 263.8, and for construction over 75 feet in height in a C-3 District.  The proposed project is to construct a one-story vertical addition, infill a light well at the east (side) elevation, and to rehabilitate the existing six-story-over-basement office building.  The resulting building will be approximately 85 feet in height and will contain one dwelling unit (approximately 3,500 square feet), approximately 11,345 square feet of office, and approximately 6,795 square feet of retail space. The existing building contains approximately 12,470 square feet of office and approximately 9,445 square feet of retail.  The project site is located within the C-3-G (Downtown General) Zoning District, an 80-130-F Height and Bulk District, and the Kearny-Market-Mason-Sutter Conservation District.  The Historic Preservation Commission approved a Major Permit to Alter for the proposed project (Case No. 2012.0194HX) at its regularly scheduled public hearing on July 18, 2012.

Preliminary Recommendation:   Approval with Conditions

 

15.        2012.0638C                                                                             (K. Guy: (415) 558-6163)

969 SUTTER STREET - south side between Hyde and Leavenworth Streets; Lot 015 in Assessor’s Block 0300 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.8, 303, and 703.3 to establish a formula retail use (dba "Papa John's Pizza") within the RC-4 (Residential-Commercial Combined) Zoning District and the 80-A Height and Bulk District. The size of the existing tenant space would not change.

Preliminary Recommendation:  Approval with Conditions

 

            16.        2011.1056C                                                                         (S. Young: (415) 558-6346)

22 PEACE PLAZA SUITES 400 - 410 (LOCATED WITHIN THE INTERIOR OF JAPAN CENTER EAST MALL) -  north side of Geary Boulevard between Laguna and Webster Streets; Lot 027 in Assessor’s Block 0700 - Request for Conditional Use Authorization under Sections 249.31, 303, and 712.21 of the Planning Code to legalize a use size that exceeds 6,000 square feet of floor area with the merger of ground floor commercial tenant space Suite 400 (a 2775 square-foot retail variety store d.b.a. Daiso Japan established at the current location since July 2009) with Suite 410 (once vacant 5,606 square-foot commercial tenant space previously occupied by Genji Antiques until March 2010) within the NC-3 (Neighborhood Commercial, Moderate-Scale) Zoning District, Japantown Special Use District, and a 50-X Height and Bulk District.  The expanded space currently contains 8,381 square feet of floor area. 

Preliminary Recommendation: Approval with Conditions

            (Continued from Regular Meeting of June 21, 2012)

           

17.        2008.0877E                                                                (A. CONTRERAS: (415) 575-9044)

Western SoMa Community Plan, Rezoning of Adjacent Parcels, and 350 Eighth Street Project - Public Hearing on the Draft Environmental Impact Report.  The proposed project consists of three components: 1) The first component is the Draft Western SoMa Community Plan, which covers an irregularly shaped plan area consisting of two connected areas: one roughly bounded by 13th, Bryant, Seventh, and Minna Streets, and the second area roughly bounded by Townsend, Fourth, Harrison, and Seventh Streets. The plan would require amendments to the San Francisco General Plan as well as changes to use and height and bulk controls in the San Francisco Planning Code. The plan also includes policies for transportation improvements. 2) The second component is the rezoning of approximately 46 parcels adjacent to the Plan Area (generally bounded by Seventh, Ninth, Mission, and Minna Streets) in order to reconcile their use districts and height and bulk districts with those of the neighboring properties. 3) The third component is a proposed mixed‐use development at 350 8th Street (Block 3756, Lots 3 and 15) that would include approximately 444 dwelling units, 33,650 sq. ft. of commercial space, 8,150 sq. ft. of light industrial/artist space, and 1,350 sq. ft. of community space.   Written comments will be accepted at the Planning Department until 5:00 p.m. on August 6, 2012.

                        Preliminary Recommendation: No Action Required

           

18a.      2011.0643DD                                                               (G. CABREROS: (415) 558-6169)

2712 Broadway - north side between Broderick and Divisadero Streets; Lot 008 in Assessor's Block 0959 - Requests for Discretionary Review of Building Permit Application No. 2011.02.15.0303 proposing  construction of a three-story-over-basement, single-family residence within the RH-1(D) (Residential, House, One-Family, Detached) Zoning District and a 40-X Height and Bulk District.  The project proposes demolition of the existing three-story-over-basement, single-family residence.

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Do not take Discretionary Review and approve

 

18b.      2010.0158V                                                                 (G. CABREROS: (415) 558-6169)

2712 Broadway - north side between Broderick and Divisadero Streets; Lot 008 in Assessor's Block 0959 - Request for a Side Yard Variance from Planning Code Section 133 requiring two four-foot side yards for the project.   The project proposes one eight-foot side yard along the west side property line.  No side yard is proposed at the east side property line.  The project proposes demolition of a three-story-over basement, single-family residence and construction of a three-story-over-basement, single-family residence within the RH-1(D) (Residential, House, One-Family, Detached) Zoning District and a 40-X Height and Bulk District.

                        (Continued from the regular Variance hearing on June 27, 2012)

 

I.          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 this Public Comment category (if no other category is provided), or a Public Comment category specifically included on calendar for those items.  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