September 6, 2012

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, September 6, 2012

12:00 PM

Regular Meeting

 

                                                                       

                                 President:                        Rodney Fong

         Vice-President:                 Cindy Wu

                                 Commissioners:                Michael J. Antonini; Gwyneth Borden; Rich Hillis,

                                                                        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; Rich Hillis;

                                                                        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.         2012.0543T                                                                   (A. RODGERS (415) 558-6395)

INTENTION TO INITIATE DEPARTMENT-SPONSORED PLANNING CODE AMENDMENTS TO FIX ERRORS IN THE PLANNING CODE - Pursuant to Planning Code Section 302, the Planning Commission will consider a Resolution of Intention to initiate amendments to the Planning Code. The amendments are intended to (1) correct clerical errors in Planning Code text, (2) revise existing graphics to be consistent with the existing text, (3) amend various zoning control tables, (4) improve Planning Code readability, and (5) adopt findings, including findings under the California Environmental Quality Act, Planning Code Section 302 findings, and findings of consistency with the General Plan and Planning Code Section 101.1.

Preliminary Recommendation: Approve a draft Resolution of Intention to initiate amendments to the Planning Code and schedule a public hearing to consider the amendments on or after October 4, 2012.

(Proposed for Continuance to September 27, 2012)

 

                                                                                                           (j. linsangan: (415) 575-9119)

2.         Public Outreach and Engagement (Memo | Resolution) - In 2011, staff (with support from Pepperdine University’s Davenport Institute for Public Engagement and Civic Leadership) conducted a Public Outreach and Engagement Effectiveness survey on the department’s outreach efforts. Based on the results, a program has been created to better serve staff, stakeholders and the community at large through a supported outreach and engagement program. This presentation provides a review of the survey’s findings, an overview of the program, and a request to endorse the program’s principles.

Preliminary Recommendation: Endorsement of program principles.

                        (Continued from Regular Meeting of August 9, 2012)

                        (Proposed for Continuance to October 25, 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

 

3.         2012.0947T                                                                         (A. STARR: (415) 558-6362)

AMENDMENTS TO THE SAN FRANCISCO PLANNING CODE, SECTION 725.1 to: 1) reinstate controls to prohibit liquor license types 47 and 49 in the Union Street Neighborhood Commercial District; and 2) requiring conditional use authorization for Limited Restaurants; and making environmental findings and findings of consistency with the General Plan.

Preliminary Recommendation: Approval

(Continued from Regular Meeting of August 16, 2012)

 

4.         2012.0716C                                                                   (C. Lamorena: (415) 575-9085)

3121 GEARY BOULEVARD - south side between Spruce and Cook Streets; Lot 062 in Assessor’s Block 1088 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 712.54, to convert approximately 700 square feet of vacant commercial space into a massage establishment (d.b.a. Touch Thai Bodywork and Massage) on the ground floor of the three-story building within the NC-3 (Neighborhood Commercial, Moderate Scale) Zoning District and 40-X Height and Bulk District.

            Preliminary Recommendation:  Approval with Conditions

 

5.         2012.0548C                                                                         (E. Watty: (415) 558-6620)

38–8^th STREET - west side between Market and Mission Streets; Lot 005 in Assessor’s Block 3701 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 156(h) and 303, to allow the establishment of a 24-space temporary surface parking lot for a period of time not to exceed two years, within the C-3-G (Downtown General Commercial) Zoning District, and 180-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.

 

6.         Consideration of Adoption:

 

·         Draft Minutes of Regular Meeting of June 28, 2012

·         Draft Minutes of Regular Meeting of August 9, 2012

·         Draft Minutes of Regular Meeting of August 16, 2012

 

7.         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

 

8.         Director’s Announcements

           

9.         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 

 

10.        2012.0791T                                                                    (A. Rodgers: (415) 558-6395)

Business and Tax Regulations Code, Police Code, and Planning Code - Parking Tax Simplification for Residential Properties - [Board File No. 12-0631] -  The Planning Commission will consider a proposed Ordinance introduced by Supervisor Wiener that would 1) amend the San Francisco Business and Tax Regulations Code by adding Section 609 to establish Parking Tax Simplification for Residential Properties to relieve residential property owners and managers renting five or fewer parking spaces in Parking Stations physically attached to or otherwise associated with the building from the requirement to: (a) obtain a certificate of authority, (b) make monthly tax prepayments, (c) obtain a parking tax bond, and (d) providing amnesty from parking taxes, interest, penalties and fees owed for tax periods more than 24 months prior to the effective date of the Ordinance; 2) amend the Business and Tax Regulations Code Section 2219.7 to exempt property owners and managers registered pursuant to Section 609 from the requirement to pay the Revenue Control Equipment compliance fee; 3) amend the Planning Code Section 204.5 to allow as an accessory use up to five dwelling unit parking spaces to be leased to persons living off-site anywhere in the City;  and 4) amend the Police Code Section 1215 to eliminate the requirement to hold a commercial parking permit for property owners and managers registered pursuant to Section 609 of the Business and Tax Regulations Code.  The proposed Ordinance is before the Commission so that it may review the Planning Code amendment and recommend adoption, rejection, or adoption with modifications to the Board of Supervisors, and adopt findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1 and Section 302 findings.   Preliminary Recommendation: Approval.

 

11.        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

(Continued from Regular Meeting of August 9, 2012)

 

12.        2012.0641C                                                                         (E. WATTY: (415) 558-6620)

933-949 STOCKTON STREET - southwest corner of Stockton and Washington Streets; Lot 001 in Assessor’s Block 0211 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 812.82, 890.80, 812.14, 145.3, and 303, to allow construction of the Chinatown Transit Subway Station entrance structure (a “Public Use”) with street frontages greater than 50 feet within the Chinatown Residential Neighborhood Commercial Zoning District, Chinatown Transit Station Special Use District, and 65-85-N Height and Bulk District.

Preliminary Recommendation:  Approval with Conditions

                        (Continued from Regular Meeting of August 9, 2012)

 

13a.      2012.0110CEV                                                                     (M. SMITH: (415) 558-6322)

2175 MARKET STREET - southeast corner of Market and 15^th Streets; Lot 011 in Assessor’s Block 3543 - Request for Conditional Use Authorization,  pursuant  to  various Planning  Code  Sections:  Sec. 207.6,  for an exception  to  the  dwelling mix requirement;  Sec. 733.11, to develop a lot exceeding 9,999 square feet; Sec. 733.44,  to establish a Restaurant use; and Sec. 303, for  a  project  proposing  to  demolish  an  existing gas station and construct a new 65-foot-tall, six-story, approximately 79,945-square-foot (104,413 -square-feet including parking), mixed-use building  containing  88 dwelling units and approximately 7,300 square feet of retail space  at  the  ground floor, a portion of which would be occupied by a yet to be determined restaurant use as defined in Section 790.91 of the Code.  The proposed building would contain 44 off-street parking spaces within an underground parking garage and provide approximately 7,100 square feet of common usable open space.  The project site is located within the Upper Market Street NCT (Neighborhood Commercial Transit) District and a 65-X/40-X Height and Bulk District and within the Market and Octavia Area Plan.  CEQA (California Environmental Quality Act) Findings will also be adopted as part of the project approvals.

Preliminary Recommendation:  Approval with Conditions

 

13b.      2012.0110CEV                                                                    (M. Smith: (415) 558-6322)

2175 MARKET STREET - southeast corner of Market and 15^th Streets; Lot 011 in Assessor’s Block 3543 - Request for Variances from various Planning Code Sections: Sec. 134, for rear yard; Sec. 145.1, for a ground floor  non-residential  ceiling  height  that  is  less than 14-feet in height; Sec. 135, for  open  space  exposure;  and Sec. 140, for dwelling unit exposure for a project  proposing  to  demolish  an  existing  gas station and construct a new 65-foot-tall, six-story, approximately 79,945-square-foot (104,413 -square-feet including parking), mixed-use building  containing  88 dwelling units and approximately 7,300 square feet of retail space  at  the  ground floor, a portion of which would be occupied by a yet to be determined restaurant use as defined in Section 790.91 of the Code.  The proposed building would contain 44 off-street parking spaces within an underground parking garage and provide approximately 7,100 square feet of common usable open space.  The project site is located within the Upper Market Street NCT (Neighborhood Commercial Transit) District and a 65-X/40-X Height and Bulk District and within the Market and Octavia Area Plan. 

 

            14.        2012.0847D                                                                (G. CABREROS: (415) 558-6159) 

28-30 TOLEDO WAY - north side between Pierce Street and Mallorca Way, Lot 012 in Assessor's Block 0466A - Request for Discretionary Review of Building Permit Application No. 2011.07.26.1070 proposing to enlarge the partial fourth floor of the existing four-story, two-unit building within the RH-2 (Residential House, Two-Family) Zoning District and the 40-X Height and Bulk District. New rear balconies and front facade alterations are also proposed including window replacements and construction of a tiled parapet.

Abbreviated Discretionary Review

Preliminary Recommendation:  Do not take Discretionary Review and approve

 

15.        2011.0761DD                                                                        (T. WANG: (415) 558-6335)

611 BUENA VISTA WEST - on the west side of Buena Vista West Avenue between Frederick and Java streets; Lot 004 in Assessor’s Block 2603 – Requests for Discretionary Review of Building Permit Application No. 2011.05.04.5332, proposing to construct a third-story vertical addition to an existing two-story over basement, single-family dwelling within an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

Full Discretionary Review

Preliminary Recommendation: Do not take Discretionary Review and approve

 

16.      2012.0723D                                                                       (R. SUCRE: (415) 575-9108)

1050 VALENCIA STREET - southwest corner of Hill and Valencia Streets, Lot 008 in Assessor's Block 3617 - Request for Discretionary Review of Building Permit Application Nos. 2010.12.27.7436 (Demolition) and 2010.12.27.7437 (New Construction) proposing to demolish an existing one-story building and construct a new, 55-ft tall, five-story-over-basement, mixed use building containing twelve dwelling units and ground floor commercial within the Valencia St NCT (Neighborhood Commercial Transit) Zoning District and the 55-X Height and Bulk District.

Full Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

 

H.         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