SAN FRANCISCO
PLANNING COMMISSION
Notice of Meeting
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, October 4, 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 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; 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
1. 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
(Continued from Regular Meeting of September 6, 2012)
NOTE: On September 6, 2012, following public testimony, the Commission continued the matter to October 4, 2012 by a vote of (+7 -0). Public hearing remains open.
(Proposed for Continuance to November 8, 2012)
B. COMMISSIONERS’ QUESTIONS AND MATTERS
2. 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.
3. Director’s Announcements
4. Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.
5. (A. RODGERS: (415)-558-6395)
SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY (BOARD FILE NO. 120898) - Informational Hearing on The Planning Commission will hear an informational presentation on a proposed Ordinance that would implement the State redevelopment dissolution law known as AB X1 26 (2011) in furtherance of the recently adopted amendments to that law known as AB 1484 and of previously adopted City policies, by 1)acknowledging that AB 1484 provides that the Successor Agency is a separate legal entity from the City, with the Successor Agency holding all of the transferred assets and obligations of the former Redevelopment Agency (other than the affordable housing assets ) distinct from the City, and with the Oversight Board performing specific functions set forth in the State redevelopment dissolution law; 2) officially naming the Successor Agency as the "Successor Agency to the Redevelopment Agency of the City and County of San Francisco"; 3) acknowledging that former Redevelopment Agency employees who became Successor Agency employees by operation of AB 26 and were assigned to R classifications, and who continued in those R classifications through the effective date of AB 1484, shall continue to be Successor Agency employees; 4)creating the Successor Agency Commission as the policy body of the Successor Agency and delegating to it the authority to act in place of the former Redevelopment Agency Commission to implement the surviving redevelopment projects, the replacement housing obligations and other enforceable obligations and the authority to take actions that the State redevelopment dissolution law requires or allows on behalf of the Successor Agency; 5)establishing the composition and terms of the members of the Successor Agency Commission, setting forth voting requirements and providing for the Successor Agency Commission to appoint an Executive Director of the Successor Agency; 6)authorizing the Successor Agency to retain the City Attorney as its legal counsel; 7) ratifying prior acts; and 8) authorizing and directing the Successor Agency Commission to take all appropriate steps to effectuate the purpose of this ordinance consistent with the State redevelopment dissolution law.
Preliminary Recommendation: None, this item is an informational hearing only.
D. GENERAL PUBLIC COMMENT – 15 MINUTES
At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting. Each member of the public may address the Commission for up to three minutes.
E. PUBLIC COMMENT ON AGENDA ITEMS WHERE THE PUBLIC HEARING HAS BEEN CLOSED
At this time, members of the public who wish to address the Commission on agenda items that have already been reviewed in a public hearing at which members of the public were allowed to testify and the public hearing has been closed, must do so at this time. Each member of the public may address the Commission for up to three minutes.
F. CONSIDERATION OF FINDINGS AND FINAL ACTION – PUBLIC HEARING CLOSED
6. 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 703.4, 721.21, 721.49 and 303 to establish an approximately 3,300 square-foot, formula retail, bank (d.b.a. “Bank of the West”) in the vacant 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 September 20, 2012)
NOTE: On September 20, 2012, following public testimony, the Commission passed a motion of intent to approve with conditions by a vote (+7 -0). Public hearing closed. Final language/action scheduled for 10/4/12)
G. REGULAR CALENDAR
7. (S. DENNIS-PHILIPS: (415) 558-6384)
VISITACION VALLEY/ SCHLAGE LOCK PLAN UPDATE - Informational hearing on the status of the Visitacion Valley/ Schlage Lock plan and development project - The Visitacion Valley / Schlage Lock Design for Development document intended to guide implementation of the Visitacion Valley Redevelopment Plan and specifically the redevelopment of the former Schlage Lock factory site,was adopted by the Planning and Redevelopment Commissions in 2009. The dissolution of the San Francisco Redevelopment Agency in 2012 meant that tax increment funding would no longer be available to the Schlage Lock project. The Planning Department will be collaborating with the Mayor's Office of Economic and Workforce Development and the community to determine alternative paths for that project in the post-Redevelopment era. No action is required on this item.
8. (S. DENNIS-PHILIPS: (415) 558-6384)
SUSTAINABLE COMMUNITIES STRATEGY AND THE REGIONAL HOUSING NEEDS ALLOCATION - Informational hearing on the Sustainable Communities Strategy (SCS) and the Regional Housing Needs Allocation (RHNA). Senate Bill 375 requires the Bay Area to prepare an integrated land use, housing and transportation strategy by 2013 that demonstrates how the region will grow while meeting greenhouse gas reduction targets. This strategy is linked to the RHNA, which represents the share of housing each municipality must plan for in its Housing Element. Staff from Planning and the Mayor’s Office of Housing will present the draft SCS, the housing allocation, and their implications for San Francisco. No action is required on this item.
9. (S. DENNIS-PHILIPS: (415) 558-6384)
SAN FRANCISCO TRANSPORTATION PLAN - Informational hearing on the San Francisco Transportation Plan (SFTP), the City’s 25-year plan for investment priorities for our transportation system. Currently under development, the SFTP will help determine eligible transportation projects and/or agencies for federal, state, regional, or local transportation funding. Staff from the San Francisco County Transportation Authority will present an overview of SFTP progress. No action is required on this item.
10. 2012.0110E (D. LEWIS: (415) 575-9095)
2175 MARKET STREET - southeast corner of Market and 15th Streets; Lot 11 in Assessor’s Block 3543 - Appeal of a Preliminary Mitigated Negative Declaration - The proposed project would involve demolition of an existing automotive gasoline and service station, and construction of an approximately 104,413-square-foot, mixed-use development containing 88 dwelling units, 6,286 square feet of ground-floor retail space, and 44 off-street parking spaces. The development would consist of two buildings connected by a shared podium: a 65-foot-tall, six-story building spanning the northwest side of the lot, fronting on Market Street and a 40-foot-tall, three-story building at the southeast corner of the lot, fronting on 15th Street. The project site is located in the Upper Market Street Neighborhood Commercial Transit District, a 40-X/60-X/65-X Height and Bulk District, and the Market and Octavia Area Plan.
Preliminary Recommendation: Uphold the Preliminary Mitigated Negative Declaration
(Continued from Regular Meeting of September 20, 2012)
11a. 2012.0110CEV (M. SMITH: (415) 558-6322)
2175 MARKET STREET - southeast corner of Market and 15th 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
(Continued from Regular Meeting of September 20, 2012)
11b. 2012.0110CEV (M. Smith: (415) 558-6322)
2175 MARKET STREET - southeast corner of Market and 15th 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.
(Continued from Regular Meeting of September 20, 2012)
12. 2012.0145C (S. VELLVE: (415) 558-6263)
1727 HAIGHT STREET - south side between Cole and Shrader Streets; Lot 023 in Assessor’s Block 1248 - Request for Conditional use authorization, pursuant to Planning Code Sections 186.1 (expansion of nonconforming use), 228.4 (discontinuance of a single-screen movie theatre), 719.21 (use size exceeding 2,500 square feet), 719.48 (Other Entertainment), and 303, to allow the expansion of a restaurant/bar (dba The Alembic Bar) into the former Red Vic theatre area, create an event space allowing “other entertainment” at the rear of the building and create retail space at the front of the approximately 4,800 square foot one-story wholly commercial building within the Haight Street Neighborhood Commercial District, The Haight Street Alcohol Restricted Use Subdistrict (RUSD) and 40-X Height and Bulk District. Expansion of the building is not proposed.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of September 20, 2012)
13. 2011.1050DD (A. STARR: (415) 558-6362)
2807 CLAY STREET - south side between Divisadero and Scott Streets; Lot 036 in Assessor's Block 1003 - Requests for Discretionary Review of Building Permit Application No. 2011.02.04.9665 proposing to extend the existing first and second floors approximately 29 feet to the rear and construct a one-story vertical addition that will be set back approximately 23.5 feet from the front bay window and extend to the new rear wall of the first and second floors of the two-story, two-unit building within the RH-3 (Residential, House, Three-Family) 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 September 27, 2012)
14. 2012.0662D (A.STARR: (415) 558-6362)
3014 CALIFORNIA STREET - north side between Lyon and Baker Streets; Lot 010 in Assessor’s Block 1023 - Mandatory Discretionary Review, pursuant to Planning Code Section 317(e), of Building Permit Application No. 2012.06.26.3418, proposing to legalize the reconfiguration of the two-story-over-garage, two-unit residential building to a one-unit residential building within the RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District.
Staff Analysis: Full Discretionary Review
Preliminary Recommendation: Take Discretionary Review and disapprove
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
