November 20, 2003SAN FRANCISCO
PLANNING COMMISSION
Notice of Meeting
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett
Place
Thursday, November 20, 2003
1:30 PM
Regular Meeting
President: Shelley Bradford Bell
Vice-President: Michael J. Antonini
Commissioners: Rev. Edgar E. Boyd; Lisa Feldstein;
Kevin Hughes; Sue Lee; William L. Lee
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.
To view the hearing in progress on the Internet: http://www.sfgov.org/sfgtv
THE AGENDA PACKET IS AVAILABLE FOR REVIEW AT THE PLANNING DEPARTMENT
1660 MISSION STREET, 5TH 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 1660
Mission Street, 5th 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,
1660 Mission Street, Suite 500, San Francisco, CA 94103-2414. Comments received
by 11:00 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.
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 impairrments 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 Donna Hall, 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 Donna_Hall@ci.sf.ca.us.
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, 1660 Mission St., 5th floor reception.
1:30 PM _________
ROLL CALL: Commission President: Shelley Bradford Bell
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. (J.IONIN: (415) 558-6309)
DISCRETIONARY REVIEW POLICY - Consideration of a Policy to create a pre-application process for all new construction and certain expansion applications in RH and RM Districts and to establish criteria for administrative discretionary review.
(Proposed for Continuance to December 18, 2003)
2. 2003.0966T (P. LORD: (415) 558-6311)
FORMULA RETAIL USES - Consideration of an Ordinance to amend the Planning Code by adding Section 703.3 and by amending Section 182 to make findings as to the need to regulate formula retail uses, to define formula retail uses, prohibit formula retail uses in the Hayes-Gough Neighborhood Commercial District and in the Neighborhood Commercial Cluster Districts at Cole and Carl Streets and Parnassus and Stanyan Streets, to require any building permit application for formula retail use to comply with the notice and design review procedures of Section 312 of the Planning Code, to provide that the burden to prove that a use is not a formula retail use rests with the building permit applicant or holder, and to provide that nonconforming uses in Residential District which are seeking to change in use to retail sales activity or retail sales establishment which is also a formula retail use must comply with the provisions of Section 703.3 , making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.
(Proposed for Continuance to December 18, 2003)
3. 2003.0860D (E. TOPE: (415) 558-6316)
357 HOWTH STREET - east of Howth Street between Mount Vernon Avenue and Ridge Lane; Lot 013 in Assessor's Block 7035 - Request for Discretionary Review of Building Permit Application No. 2003.04.21.2744, proposing a one-story (over storage) rear horizontal extension and stairs leading from the new addition to the rear yard, to an existing single family dwelling within an RH-1 (House, One-Family) District and in a 40-X Height and Bulk District. Preliminary Recommendation: Do not take Discretionary Review and approve the project as submitted.
(Proposed for Indefinite Continuance)
4a. 2002.0580D (M. SMITH: (415) 558-6322)
90 MARS STREET (A.K.A. 26 DEMING STREET) - west side of the street between Corbett and 17th Streets, Lot 016 in Assessor's Block 2654 -Request for Discretionary Review of Building Permit Application No. 2002.05.31.7958, proposing to construct a three-story single-family dwelling at the rear of an existing vacant lot, located in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Pending
(Proposed for Continuance to January 22, 2004)
4b. 2003.1170D (M. SMITH: (415) 558-6322)
96 MARS STREET (A.K.A. 300 CORBETT AVENUE)- northwest corner of Corbett Avenue and Mars Street, Lot 017 in Assessor's Block 2654 -Request for Discretionary Review of Building Permit Application No. 2003.03.21.0319, proposing to construct a four-story over garage single-family dwelling that is one in a pair of side-by-side buildings on the same lot, located in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Pending
(Proposed for Continuance to January 22, 2004)
4c. 2003.1187D (M. SMITH: (415) 558-6322)
300 CORBETT AVENUE - northwest corner of Corbett Avenue and Mars Street, Lot 017 in Assessor's Block 2654 -Request for Discretionary Review of Building Permit Application No. 2003.03.10.9221, proposing to construct a three-story over garage single-family dwelling that is one in a pair of side-by-side buildings on the same lot, located in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Pending
(Proposed for Continuance to January 22, 2004)
4d. 2003.1104D (M. SMITH: (415) 558-6322)
300 CORBETT AVENUE - northwest corner of Corbett Avenue and Mars Street, Lot 017 in Assessor's Block 2654 - Mandatory Discretionary Review, under Planning Commission's policy requiring review of housing demolition, of Demolition Application No. 2003.03.10.9220, proposing to demolish an existing two-story single-family dwelling (the project also proposes the construction of two side-by side single-family dwellings on the same lot), located in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Pending
(Proposed for Continuance to January 22, 2004)
4e. 2003.1186D (M. SMITH: (415) 558-6322)
306-308 CORBETT AVENUE (A.K.A. 300 CORBETT AVENUE)- northwest corner of Corbett Avenue and Mars Street, Lot 001 in Assessor's Block 2660 - Request for Discretionary Review of Building Permit Application No. 2002.05.17.6897, proposing to construct a four-story over garage two-family dwelling, located in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Pending
(Proposed for Continuance to January 22, 2004)
B. COMMISSIONERS' QUESTIONS AND MATTERS
C. DIRECTOR'S REPORT
D. 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.
E. REGULAR CALENDAR
10. (L. BADINER/D. LIM: (415) 558-6411/558-6547)
PLANNING DEPARMENT MANAGEMENT AUDIT - Review of management audit and recommendation by Planning Commission for follow-up.
11a. 2002.1258DD (G. NELSON (415) 558-6257)
1708 ANZA STREET - north side between 8th and 9th Avenues, Lot 015 in Assessor's Block 1536 - Request for Discretionary Review and Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Building Permit Application No. 2002.05.01.4436 proposing to demolish a two-story two-family dwelling in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District. There are related proposals to demolish a single-family dwelling also on the subject lot, and to construct a four-story, three-family dwelling with three off-street parking spaces.
Preliminary Recommendation: Do not take Discretionary Review and approve demolition.
(Continued from Regular Meeting of July 10, 2003)
11b. 2002.1259DD (G. NELSON (415) 558-6257)
1708 ANZA STREET - north side between 8th and 9th Avenues, Lot 015 in Assessor's Block 1536 - Request for Discretionary Review and Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Building Permit Application No. 2002.05.01.5440 proposing to demolish a one-story single-family dwelling in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District. There are related proposals to demolish a two-family dwelling also on the subject lot, and to construct a four-story, three-family dwelling with three off-street parking spaces.
Preliminary Recommendation: Do not take Discretionary Review and approve demolition.
(Continued from Regular Meeting of July 10, 2003)
11c. 2002.0345D (G. NELSON (415) 558-6257)
1708 ANZA STREET - north side between 8th and 9th Avenues, Lot 015 in Assessor's Block 1536 - Request for Discretionary Review of Building Permit Application No. 2002.05.01.5442 proposing to construct a four-story, three-family dwelling with three off-street parking spaces in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District. There are related proposals to demolish a single-family dwelling and a two-family dwelling on the subject lot.
Preliminary Recommendation: Do not take Discretionary Review and approve proposal as submitted.
(Continued from Regular Meeting of July 10, 2003)
12. 2003.0827D (G. NELSON: (415) 558-6257)
9 SCOTT STREET - west side between Duboce Avenue and Waller Street, Lot 014 in Assessor's Block 1260 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of dwelling unit mergers, of Building Permit Application No. 2003.03.27.0834, proposing to merge a studio apartment and a two-bedroom unit within a two-unit building in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District. The proposal is to convert the studio into two bedrooms to become part of the remaining dwelling unit. The converted structure will contain one dwelling unit and one off-street parking space.
Preliminary Recommendation: Do not take Discretionary Review and approve merger as submitted.
13a. 2003.0900D (G. NELSON: (415) 558-6257)
42 BEAUMONT AVENUE - east side between Geary Boulevard and Anza Street, Lot 22 in Assessor's Block 1086 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Building Permit Application No. 2002.11.01.0541, proposing to demolish a two-story building containing one dwelling unit. The subject property is in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve demolition as submitted.
13b. 2003.0866V (G. NELSON: (415) 558-6257)
42 BEAUMONT AVENUE - east side between Geary Boulevard and Anza Street, Lot 22 in Assessor's Block 1086 - Request for Variance to Rear Yard requirements to allow construction of a new four-story building, a portion of which would be located in the required rear yard. The first, second and third floors of the four-story building would extend 5 feet 9 inches into the required rear yard, and exterior stairs to the third floor level would extend an additional 6 feet 8 inches into the required rear yard. The building would contain two dwelling units. The subject property is in an RH-2 (Residential, House, Two Family) District and a 40-X Height and Bulk District.
14a. 20003.0904DV (J. MILLER: (415) 558-6344)
937 - 939 JACKSON STREET - south side between Powell and Mason; Lot 028 in Assessor's Block 0191 - Mandatory Discretionary Review of Building Permit Application No. 2003 0724 0318 proposing the demolition of a two-family dwelling and its replacement with a new building containing nine dwelling units. The subject property is located in an RM-3 (Mixed Residential, Medium Density) District and a 65-A Height and Bulk District.
Preliminary Recommendation: Do Not Take Discretionary Review and approve the Demolition Permit.
14b. 2003.0535DV (J. MILLER: (415) 558-6344)
937 - 939 JACKSON STREET - south side between Powell and Mason Streets, Lot 028 in Assessor's Block 0191, in an RM-3 (Mixed Residential, Medium Density) District and a 65-A Height and Bulk District. The proposal is to construct a new four-story residential building containing nine dwelling units with a ground-floor garage containing nine off-street parking spaces, after demolition of the existing two-family dwelling. A portion of the garage level (only) is proposed to project approximately 19 feet five inches into the otherwise-required rear-yard area, leaving an area open and clear (from the ground up) of 15 feet behind it. This proposed space would be devoted to three additional bedrooms and bathrooms, which would be appended to the two two-bedroom dwelling units at the rear of the floor above, making one of them a for-bedroom unit and the other a three-bedroom unit. The upper surface of this rear projection would be finished off as a usable open space. The application requesting a Variance will be heard by the Zoning Administrator.
15a. 2003.0399D (T. WANG: (415) 558-6335)
474 MAGELLAN AVENUE - north side between Cortez and Montalvo Avenues; Lot 014 in Assessor's Block 2926 - Request of Discretionary Review of Building Permit Application No. 2002.12.30.4339, proposing to construct a three-story rear and side addition and a new rear exterior stairway connecting all levels of the existing single-family to the rear yard. The proposed rear exterior stairway requires a rear yard variance (Case No. 2002.1307V). The Zoning Administrator held and closed a public hearing on the variance on March 26,2003, a decision was not made. The subject property is in an RH-1 (D) (Residential, House, One-Family, Detached Dwelling) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the project as submitted.
15b. 2002.1307V (T. WANG: (415) 558-6335)
474 MAGELLAN AVENUE - north side between Cortez and Montalvo Avenues; Lot 014 in Assessor's Block 2926 - Rear yard Variance Sought - Section 136(c)(14) of the Planning Code permits uncovered stairways and landings not extending higher than the floor level of the adjacent first floor of occupancy above the ground story, and, in the case of yards and usable open space, extending no more than six feet into the open area for any portion that is more than three feet above the grade. The proposed rear exterior stairway described under 2003.0399D would be one floor level higher than the first floor of occupancy above the ground story and would extend nine feet into the 25-foot required rear yard for the portion that is more than three feet above grade. The subject property is in an RH-1 (D) (Residential, House, One-Family, Detached Dwelling) District and a 40-X Height and Bulk District. The Zoning Administrator held and closed a public hearing on the variance on March 26, 2003 and will issue a variance decision after the Discretionary Review hearing
16. 2003.0832T (P. LORD: (415) 558-6311)
CONDITIONAL USE REQUIREMENT FOR RETAIL USES OF 50,000 SQUARE FEET OR LARGER - Consideration of an Ordinance adding Section 121.5 of the Planning Code and amending Sections 218, 814.31, 815.31, 816.31, 817.31, and 818.31 of the Planning Code to require that all retail uses, for which permit applications are submitted after the effective date of this ordinance, C-2, C-M, M-1, M-2, RSD, SLR, SLI, SSO, and SPD zoning districts, which are 50,000 square feet or larger may only be permitted as a conditional use, providing additional criteria for the Planning Commission's review of such conditional use applications, providing that these provisions shall apply only to building permit applications received after the date of introduction of this ordinance, and making finding of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.
(Continued from Regular Meeting of October 16, 2003)
17. 2003.0801TZ (P. LORD: (415) 558-6311)
CONDITIONAL USE REQUIREMENT FOR RETAIL USES OF AT LEAST 90,000 SQUARE FEET - Consideration of an Ordinance amending the Planning Code to add Section 121.6 to impose a conditional use requirement and other specified procedures for certain large-scale retail uses in excess of 90,000 square feet to prohibit such uses if they are in excess of 120,000 square feet.
18. 2003.01025D (K. AMDUR: (415) 558-6351)
1748 CLAY STREET - north side between Van Ness Avenue and Polk Street, Lots 7 and 8 in Block 619 - Request for Discretionary Review of Permit Application 2003.07.18.9858/R1 to convert approximately 3,000 square feet of vacant ground floor office space in a 2-story building to a childcare center for up to 40 children dba "Tiny Giants" in the Polk Neighborhood Commercial District and a 65-A Height and Bulk District. The center would utilize an existing outdoor area to the east of the building.
Preliminary recommendation: Take Discretionary Review and approve the permit with conditions.
19. 2003.0753D (D. JONES: (415) 558-6477)
2371 44TH AVENUE - west side of 44th Avenue between Santiago and Taraval Streets., Lot 015 in Block 2373 - Discretionary Review request, for a building permit (No. 2003/03/05/8857) to allow the construction of a one-story, rear horizontal extension to an existing two-story, single-family dwelling. The property is located in the RH-1 (Residential, House, Single-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the building permit as modified.
6:00 P.M.
20. (L. BADINER: (415) 558-6411)
EASTERN NEIGHBORHOODS COMMUNITY PLANNING - The Planning Commission will discuss and possibly adopt Interim Policies and/or discuss and direct staff to prepare a resolution for initiation of Interim Controls. Planning Department staff will provide a status report on the Environmental Review process for the Rezoning of the Eastern Neighborhoods. The Planning Commission will also schedule a subsequent hearing to review and discuss the work scope of Public Benefit Zoning and Community Impact Report (Socio-Economic Analysis) and to discuss non-conforming uses.
Preliminary Recommendation: Adopt Interim Policies
(Continued from Regular Meeting of November 13, 2003)
F. 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:
PLEASE NOTE:
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
