December 11, 2003SAN FRANCISCO
PLANNING COMMISSION
Notice of Meeting
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett
Place
Thursday, December 11, 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. 2002.0376E (N. TURRELL: (415) 558-5904)
8 WASHINGTON STREET -- Assessor's Blocks and Lots 201/12, 171/69, and 168/58 - Appeal of a Preliminary Mitigated Negative Declaration. The 109,225-square-foot project site is located at 8 Washington Street, between Drumm Street and The Embarcadero, on the edge of the financial district. The proposed project would involve the construction of an eight-story, 84-foot-tall, approximately 283,612-gross-square-foot (gsf), 120-unit, predominantly residential building with a health club facility and parking for 170 vehicles. The existing Golden Gateway Tennis and Swim Club facility would be removed and reconstructed on the northern portion of the project site. Pedestrian and vehicular access to the proposed residential/commercial building would be from Drumm Street. The site is zoned RC-4 (Residential-Commercial Combined, High Density) and is in an 84-E height and bulk district. The project would require Conditional Use authorization for Planned Unit Development, for bulk limit exception, and for parking.
Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration
(Proposed for Continuance to February 5, 2004)
2. 2003.0106D (M. WOODS: (415) 558-6315)
1910-12 STEINER STREET - east side between Wilmot and Bush Streets; Lot 018 in Assessor's Block 0659 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of all dwelling unit mergers, of Building Permit Application No. 2003.06.16.7169, proposing to merge two dwelling units to a single-family residence in an RH-3 (Residential, House, Three-Family) District and 40-X Height and Bulk District.
Preliminary Recommendation: Take Discretionary Review and disapprove the proposed dwelling unit merger.
(Proposed for Continuance to February 5, 2004)
3. 2003.0183D (G. NELSON: (415) 558-6257)
2477-2479 SUTTER STREET - south side between Broderick and Divisadero Streets; lot 022 in Assessor's Block 1076 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of all residential demolitions of Demolition Permit Application No. 2002.08.13.3876, proposing the demolition of a two-story, two-family dwelling within an RM-1 (Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District. There is a related proposal to construct a new, four-story, three-family dwelling with three off-street parking spaces.
Preliminary Recommendation: Do not take Discretionary Review and approve the demolition.
(Continued from Regular Meeting of November 13, 2003)
NOTE: On September 25, 2003, following public testimony, the Commission closed the public hearing, and entertained two motions: 1) to take Discretionary Review and disapprove by a vote +3 -3. Commissioners Boyd, Antonini, Bradford-Bell voted no. The motion failed; 2) continued the matter to October 16, 2003 by a vote +6 -0. Commissioner William Lee was absent.
NOTE: On October 16, 2003, the Commission entertained two motions: 1) To take Discretionary Review and disapprove the demolition, by a vote +3 -3. Commissioners Antonini, Bradford Bell, W. Lee voted no. Commissioner Boyd was absent. The motion failed. 2) Item Continued to November 13, 2003, the Commission requested that a representative from another City Department review the soundness report, by a vote +4 -2. Commissioners Hughes and S. Lee voted no. Commissioner Boyd was absent. Public hearing will have to remain open on at least the requested additional information.
(Proposed for Continuance to January 22, 2004)
4a. 2003.0047DV (G. NELSON: (415) 558-6257)
44 LURMONT TERRACE - a cul-de-sac on thenorth side of Leavenworth
Street between Greenwich and Lombard Streets; Lot 025 in Assessor's Block
0071 - Mandatory Discretionary Review, under the Planning Commission's
policy requiring review of all residential demolitions, of Demolition
Permit Application No. 2003.05.08.4119, proposing the demolition of a
three-story, single-family dwelling within an RH-3 (Residential, House,
Three-family) District, and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve
the demolition.
(Proposed for continuance to January 8, 2004)
4b. 2003.0047DV (G. NELSON: (415) 558-6257)
44 LURMONT TERRACE - a cul-de-sac on thenorth side of Leavenworth
Street between Greenwich and Lombard Streets; Lot 025 in Assessor's Block
0071 - Request for Variance from the rear yard requirements of the Planning
Code to construct a single-family dwelling partially into the required
rear yard, within an RH-3 (Residential, House, Three-family) District,
and a 40-X Height and Bulk District. Section 134 of the Planning Code
states that in an RH-3 District, in the case of any lot that abuts along
both its side lot lines upon lots with buildings that front on another
street or alley, the minimum rear yard depth shall be 25 percent of the
total depth of the lot, or 15 feet, whichever is greater. On the approximately
80-foot deep subject lot, this results in a rear yard requirement of 20
feet, with the south side of the lot being considered the rear. The proposed
construction would project into the required rear yard by up to 11 feet
at the ground (garage) floor level, extending to within 9 feet of the
south property line. The application requesting a Variance will be heard
by the Zoning Administrator.
(Proposed for continuance to January 8, 2004)
5. 2003.1012D (D. JONES: 9415) 558-6477)
166 29TH STREET - south side of 29th Street between Dolores Street and San Jose Avenue; Lot 017 in Assessor's Block 6671 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of all residential demolitions, of Demolition Permit Application No. 2003.06.04.6254, proposing to demolish an existing 1-story, residential unit with commercial space within an NC-1 (Neighborhood Commercial Cluster), and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the demolition.
(Proposed for Continuance to January 22, 2004)
B. COMMISSIONERS' QUESTIONS AND MATTERS
6. EXECUTIVE SESSION RESULTS
In open session the Commission shall by motion and vote elect to:
a) Disclose no information, or
b) Disclose information which a majority deems to be in the public interest.
7. Consideration of Adoption - Draft Minutes of November 6, 2003.
(Continued from Regular Meeting of December 4, 2003)
8. Commission Comments/Questions
9. ALTERNATING CASE TYPES - In September, 2003, the Commission instituted a policy, on a trial basis, to alter how project types were to be scheduled on their public hearing calendars. At that time, it was felt that with all case types on the same calendar, some were being heard consistently while others were being continued consistently. In an attempt to address this, it was established that case types would be alternated with Discretionary Review (DR) cases scheduled on one hearing day and other non DR cases on an alternate hearing day. At this time, the Commission would like to discuss the effectiveness of alternating case type schedules, and consider maintaining it, modifying it, or abolishing it.
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. CONSIDERATION OF FINDINGS AND FINAL ACTION - PUBLIC HEARING CLOSED
F. REGULAR CALENDAR
13. 2003.0931D (K. MCGEE; (415) 558-6367)
440 BRANNAN STREET (A.K.A 70 ZOE STREET) - northwest side, corner of Zoe and Brannan Street, Lot 019 in Assessor's Block 3776. A mandatory Discretionary Review is required by Planning Commission Resolution Number 14844 on a proposal to add a Type 17 (Beer and Wine Wholesaler), Type 20 (Off Sale Beer and Wine), and Type 9 (Beer and Wine Importer) liquor license for `Enovations Creative Wine Concepts'. The subject property is located in an SLI (Service Light Industrial) Zoning District, in a 50-X Height and Bulk District, and is in the Ballpark Special Use District (BVSUD
Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed.
14. 2003.0901D (E. TOPE: (415) 558-6316)
2014 - 2016 BUCHANAN STREET - east side between California and Pine Streets; Lot 27 in Assessor's Block 651 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of dwelling unit mergers, of Building Permit Application No. 2003.07.31.0876, proposing to merge two dwelling units to create a single-family dwelling 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 the project as submitted.
15. 2003.0905D (E. TOPE: (415) 558-6316)
3874 17TH STREET - north side between Pond Street and Noe Street; Lot 075 in Assessor's Block 3564 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of all dwelling unit mergers. Building Permit Application No. 2003.01.21.5494, proposes to legalize the existing reconfiguration of a three-unit building, which was converted to two units after a house fire in 2001. This property is located in an RH-3 (Residential, House, Three-Family) District and 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the projected as submitted.
16. 2003.0872D (D. DIBARTOLO: (415 558-6291)
40 VALPARAISO STREET - north side between Taylor and Mason Streets; Lot 034 in Assessor's Block 091 - Request for Discretionary Review of Building Permit Application No. 2003.0313.9586 proposing the construction of a new approximately 820 square foot third-story addition atop the existing two-story single family dwelling unit. The subject property is located in an RM-1 (Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District.
Preliminary recommendation: Take Discretionary Review and approve the project with modifications.
17. 2003.1093D (G. CABREROS: (415) 558-6169)
2258 BEACH STREET - north side between Baker and Broderick Streets; Lot 009D in Assessor's Block 0915 - Request for Discretionary Review of Building Permit Application No. 2003.07.02.8662, proposing to consolidate several previous building permit applications and to authorize construction beyond the scope of said permits in order to achieve final inspection by the Department of Building Inspection. Construction under these previous building permit applications includes, but is not limited to, a new third floor, a horizontal addition to the rear of the building, and new windows and skylights added to the existing single-family residence in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Take Discretionary Review and approve with modifications.
18. 2003.0893D (G. CABREROS: (415) 558-6169)
927 LAKE STREET - south side between 10th and 11th Avenues; Lot 047 in Assessor's Block 1370 - Request for Discretionary Review of Building Permit Application No. 2003.01.10.4984, proposing to add a three-story addition to the rear of the existing three-story, single-family residence 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.
19. 2003.0736D (J. PURVIS: (415) 558-6354)
1477 RHODE ISLAND STREET - east side south of 25th Street; Lot 026 in Assessor's Block 4282A - Request for Discretionary Review on the proposed construction of a two-family dwelling on a vacant up-sloping lot under Building Permit Application No. 2002.11.14.1384. The new building would rise to four stories over a two-car garage and is in an RH-2 (Residential, House, Two-Family) Use District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the project as revised.
20. 2003.0620D (J. PURVIS: (415) 558-6354)
1532 TREAT AVENUE - west side south of Precita Avenue; Lot 006 in Assessor's Block 5524 - Mandatory Discretionary Review, under Planning Commission policy requiring review of all housing demolition permits, of Demolition Permit Application No. 2003.03.27.0853 proposing the demolition of a two-story, two-family dwelling to be replaced with a three-story, two-family dwelling in an RH-2 (Residential, House, Two-Family) Use District, a 40-X Height and Bulk District and within the Bernal Heights Special Use District.
Preliminary Recommendation: Do not take Discretionary Review and approve the project as submitted.
21. 2003.1078D (K. AMDUR: (415) 558-6351)
162-164 BERNARD STREET - north side between Jones and Leavenworth
Streets; Lots 036 and 037 in Assessor's Block 0156 - Mandatory Discretionary
Review under the Planning Commission's policy requiring review of all
dwelling unit mergers, of Building Permit Application Nos. 2003.05.07.4000
and 2003.05.07.4004, proposing to merge two dwelling units to form a single-family
residence on Lot 037 and to create a new dwelling unit on the ground floor
of an existing garage structure on Lot 036. Both of the subject lots are
in an RH-3 (Residential, House, Three-Family) and 65-A Height and Bulk
Districts.
Preliminary Recommendation: Do Not Take Discretionary Review and approve
the application as submitted.
22. 2003.1167D (M. SMITH: (415) 558-6322)
183 ST. GERMAIN AVENUE (A.K.A. 121 ST. GERMAIN AVENUE) - south side of the street near Glenbrook Avenue, Lot 018 in Assessor's Block 2722 - Request for Discretionary Review of Building Permit Application No. 2003.07.03.8801, proposing to construct a two-story single-family dwelling on a vacant lot located in a RH-1(D) (Residential, House, One-Family [Detached]) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take discretionary review and approve the project as modified.
23. 2003.1168D (M. SMITH: (415) 558-6322)
185 ST. GERMAIN AVENUE (A.K.A. 125 ST. GERMAIN AVENUE) - south side of the street near Glenbrook Avenue, Lot 019 in Assessor's Block 2722 - Request for Discretionary Review of Building Permit Application No. 2003.07.03.8805, proposing to construct a two-story single-family dwelling on a vacant lot located in a RH-1(D) (Residential, House, One-Family [Detached]) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take discretionary review and approve the project as modified.
6:00 p.m.
24. (C. NIKITAS; (415) 558-6306)
RESIDENTIAL DEMOLITION POLICY - A proposal to modify and refine interim criteria to implement a Temporary Residential Demolition Policy requiring mandatory Discretionary Review of all dwelling unit demolitions not requiring Conditional Use authorization, with certain exceptions; to adopt a specific Soundness Determination process; and to adopt criteria for conformity with applicable General Plan policies and objectives; and a recommendation to apply this policy for an approximate six-month period, after which a long-term policy would be presented for consideration and adoption by the Commission.
Preliminary recommendation: Adopt the Temporary Residential Demolition Policy.
NOTE: On November 6, 2003, following public testimony, the Commission kept the Public Hearing open and continued this item to December 11, 2003.
G. PUBLIC COMMENT
At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting with one exception. When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Commission has closed the public hearing, your opportunity to address the Commission must be exercised during the Public Comment portion of the Calendar. Each member of the public may address the Commission for up to three minutes.
The Brown Act forbids a commission from taking action or discussing any item not appearing on the posted agenda, including those items raised at public comment. In response to public comment, the commission is limited to:
(1) responding to statements made or questions posed by members of the public; or
(2) requesting staff to report back on a matter at a subsequent meeting; or
(3) directing staff to place the item on a future agenda. (Government Code Section 54954.2(a))
Adjournment:
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
