March 18, 2004SAN FRANCISCO
PLANNING COMMISSION
Notice of Meeting
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett
Place
Thursday, March 18, 2004
1:30 PM
Regular Meeting
President: Shelley Bradford Bell
Vice-President: Sue Lee;
Commissioners: Michael J. Antonini; Rev. Edgar E.
Boyd; Lisa Feldstein;
Kevin Hughes; 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. EXECUTIVE SESSION RESULTS
PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section 54957, the Planning Commission will meet in closed session to review the performance evaluation of Linda Avery, Planning Commission Secretary.
At the conclusion of the closed session, and pursuant to Section 67.14(a) of the San Francisco Administrative Code, the Commission will reconvene in open session and 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.
B. 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. 2002.0914R (D. ARGUMEDO: (415) 558-6284)
675 TOWNSEND STREET - The project is related to Planning Case No. 1998.455C, a mixed use development of 148 dwelling units, approximately 35,000 square feet of ground floor commercial space and 256 parking spaces in two basement levels. Due to the presence of a Caltrain easement in the Townsend Street right-of-way, the originally proposed 7'-6" wide sidewalk along Townsend Street would be reduced to 4'-6" to maintain a minimum distance from an existing rail line in the Townsend Street right-of-way. The reduced sidewalk width is less than the Department of Public Works' minimum 6-foot sidewalk width standard.
Preliminary Recommendation: Finding the proposal not in conformity with the General Plan.
(Proposed for Continuance to March 25, 2004)
2. (D. ALUMBAUGH/J. RUBIN: (415) 558-6601/558-6310)
CENTRAL WATERFRONT NEIGHBORHOOD PLAN - Informational presentation on the draft Central Waterfront Neighborhood Plan, a part of the Better Neighborhoods Program. The purpose is to present staff's suggested amendments to the draft plan and to clarify the plan's proposals for housing. No action is requested.
(Continued from Regular Meeting of February 19, 2004)
(Proposed for Continuance to April 15, 2004)
3. 2003.1230C (E. TOPE: (415) 558-6316)
1014 CLEMENT STREET - north side between 11th and 12th Avenues, Lot 019 in Assessor's Block 1422 - Request for Conditional Use Authorization pursuant to Planning Code Section 716.51 to allow a medical service use (Wu's Healing Center) on the second floor in the Inner Clement Street Neighborhood Commercial District and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Proposed for Continuance to April 8, 2004)
4. 2003.1178C (G. CABREROS: (415) 558-6169)
2947 GEARY BOULEVARD - southeast corner of Geary Boulevard and Blake Street in an NC-3 (Moderate-scale Neighborhood Commercial) District and a 40-X Height and Bulk District, Lot 024 in Assessor's Block 1090 - Request for Conditional Use Authorization under Planning Code Section 712.64 to allow automotive sales at the ground floor. The proposal is to dedicate approximately 790 square feet for automotive sales use within the existing business, known as Lock World. No construction is proposed as the use would occur within the existing one-story building.
NOTE: Staff has discovered that information used to process this case was mis-represented. An indefinite continuance is requested until the matter is resolved.
C. COMMISSIONERS' QUESTIONS AND MATTERS
5. Consideration of Adoption - Draft minutes from February 5, 19, and 26, 2004.
6. Commission Comments/Questions
D. DIRECTOR'S REPORT
E. REGULAR CALENDAR
9a. 2003.0584EKXCMTZLU (A. LIGHT: (415) 558-6254)
690 MARKET STREET - north side at northeast corner of Kearny and Geary Streets, Lot 6, in Assessor's Block 311 - Request for adoption of CEQA findings and a mitigated negative declaration pursuant to 1) a finding that a net new shadow impact on Union Square Park is not adverse; 2) a Determination of Compliance under Section 309 of the Planning Code to permit an eight-story vertical addition, historic façade restoration, and conversion of an existing office building to a mixed-use project for up to 64 residential dwelling units, up to 73 hotel time-share units, approximately 6,500 square feet of ground level retail space, and a sub grade parking garage (capable of accommodating up to 29 independently-accessible parking spaces and two loading spaces with the capability of accommodating up to 100 vehicles through the use of valet services and vehicle stacking), with exceptions to the Planning Code for the separation of towers requirement, residential open space requirements, publicly-accessible open space requirements, dwelling unit exposure requirements, ground-level wind currents, independently-accessible parking, sunlight access to sidewalks, and an upper tower extension; 3) a Conditional Use application to allow a hotel in the C-3-O (Downtown, Office) Zoning District; 4) a recommendation to the Board of Supervisors for a General Plan amendment to change the height and bulk district of the existing site; 5) a recommendation to the Board of Supervisors for approval of the creation of the Downtown Housing Demonstration Special Use District encompassing and comprised of the subject property and allowing, among other items, exceptions under Section 309 for residential open space requirements, publicly-accessible open space requirements, and dwelling unit exposure; 6) recommendation to the Board of Supervisors for conditional designation as San Francisco Landmark No. 243 (to be heard at a subsequent Planning Commission hearing date); and 7) recommendation to the Board of Supervisors for conditional approval of a Mills Act Contract (also to be heard at a subsequent Planning Commission hearing date) ; all for the subject property, which is in the C-3-O Zoning District and a 250-S Height and Bulk District. The proposal is to:
1) Seismically upgrade the subject 16-story office building (The Old Chronicle Building), which would include infilling a large light well at the rear of the building that is not visible from any public right-of-way;
2) Restore the historic building façade by removing a non-historic metal, glass and marble cladding system installed in 1962 and rehabilitatiing/restoring/reconstructing intact, damaged and missing historic façade features;
3) Construct an eight-story vertical addition that will result in a building height of approximately 312 feet, and a Floor Area Ratio (FAR) of approximately 19.68 if the residential floor space were to be counted toward the FAR calculation as currently required by the Planning Code (see item No. 5 below);
4) Convert the existing office building use to a mixed-use project that would have at least 40, but up to 64 residential dwelling units, at least 49, but up to 73 hotel time-share units (for a combined total of 113 hotel and residential units), approximately 6,500 square feet of ground level retail space, replacing an existing retail bank, and creating a sub grade parking structure, that given the irregular floor plate shape and placement of support columns would yield a maximum of 29 independently-accessible parking spaces and two loading spaces on the project site with the capability of providing up to 100 valet and vehicle-stacking spaces in place of the independently-accessible spaces. The new parking facility would be accessed through an existing sub grade garage facility at the adjacent 88 Kearny Street property, thereby not requiring a garage entrance at the ground level of the subject 690 Market Street property;
5) In order to construct the addition; infill the light well; implement the proposed change of use; grant exceptions for residential open space, publicly-accessible open space, and dwelling unit exposure under the procedures of Section 309, a new Special Use District is proposed to change the existing height district to a 285-S Height and Bulk District (the Planning Code allows for a 10% increase in height over the height limit under certain criteria, in this case up to 313.5 feet), eliminate residential uses from Floor Area Ratio calculations, and allow said exceptions under Section 309 instead of requiring variances. The Special Use District would also require a minimum of 15% on-site or 17% off-site Below Market Rate (BMR) units. The Downtown Element of the General Plan must also be amended as it specifies the height and bulk districts as currently designated within the C-3 zoning districts;
6) The Project Sponsor is proposing to meet the Below Market Rate (BMR) housing requirement by constructing the required BMR units off-site at 938 Market Street, a project that is seeking authorization concurrently with the subject application (2003.0587HXVLU);
7) The project sponsors are seeking to avail themselves of the Mills Act, which allows local governments to grant property tax relief benefits in exchange for the guaranteed preservation of a historic property. In order to qualify under the San Francisco Administrative Code, the property must either be designated as a San Francisco Landmark or listed separately on the National Register. As neither condition is the case with the subject property, the project sponsor is seeking conditional San Francisco landmark status. The proposed Landmark Designation would become final upon the completion of the proposed project consistent with the Rehabilitation Program set forth by the proposed Mills Act contract.
Preliminary Recommendation: Adopt CEQA findings and mitigated negative declaration.
9b. 2003.0584EKXCMTZLU (A. LIGHT: (415) 558-6254)
690 MARKET STREET - north side at northeast corner of Kearny and Geary Streets, Lot 6, in Assessor's Block 311 - Request for a finding that a net new shadow impact on Union Square Park is not adverse for the subject property, which is in the C-3-O Zoning District and a 250-S Height and Bulk District. See first item under this case number for a project description.
Preliminary Recommendation: Adopt Finding
(Continued from Regular Meeting of February 19, 2004)
9c. 2003.0584EKXCMTZLU (A. LIGHT: (415) 558-6254)
690 MARKET STREET - north side at northeast corner of Kearny and Geary Streets, Lot 6, in Assessor's Block 311 - Request for a Determination of Compliance under Section 309 of the Planning Code to permit an eight-story vertical addition, historic façade restoration, and conversion of an existing office building to a mixed-use project for up to 64 residential dwelling units, up to 73 hotel time-share units, approximately 6,500 square feet of ground level retail space, and a sub grade parking garage (capable of accommodating up to 29 independently-accessible parking spaces and two loading spaces with the capability of accommodating up to 100 vehicles through the use of valet services and vehicle stacking), with exceptions to the Planning Code for the separation of towers requirement, residential open space requirements, publicly-accessible open space requirements, dwelling unit exposure requirements, ground-level wind currents, independently-accessible parking, sunlight access to sidewalks, and an upper tower extension, for the subject property, which is in the C-3-O Zoning District and a 250-S Height and Bulk District. See first item under this case number for a project description.
Preliminary Recommendation: Approval of Determination of Compliance with Exceptions Motion with Conditions.
(Continued from Regular Meeting of February 19, 2004)
9d. 2003.0584EKXCMTZLU (A. LIGHT: (415) 558-6254)
690 MARKET STREET - north side at northeast corner of Kearny and Geary Streets, Lot 6, in Assessor's Block 311 - Request for a Conditional Use application to allow a hotel in the C-3-O (Downtown, Office) Zoning District, for the subject property, which is in the C-3-O Zoning District and a 250-S Height and Bulk District. See first item under this case number for a project description.
Preliminary Recommendation: Approval of Conditional Use Motion with Conditions.
(Continued from Regular Meeting of February 19, 2004)
9e. 2003.0584EKXCMTZLU (A. LIGHT: (415) 558-6254)
690 MARKET STREET - north side at northeast corner of Kearny and Geary Streets, Lot 6, in Assessor's Block 311 - Request for adoption of a resolution recommending to the Board of Supervisors a General Plan amendment to change the height and bulk district of the existing site, which is in the C-3-O Zoning District and a 250-S Height and Bulk District. See first item under this case number for a project description.
Preliminary Recommendation: Adoption of Draft Resolution
(Continued from Regular Meeting of February 19, 2004)
9f. 2003.0584EKXCMTZLU (A. LIGHT: (415) 558-6254)
690 MARKET STREET - north side at northeast corner of Kearny and Geary Streets, Lot 6, in Assessor's Block 311 - Request for adoption of a resolution recommending to the Board of Supervisors the approval of the creation of the Downtown Housing Demonstration Special Use District encompassing and comprised of the subject property, requiring a Planning Code Text Amendment and Zoning Map Amendment, for the subject property, which is in the C-3-O Zoning District and a 250-S Height and Bulk District. See first item under this case number for a project description.
Preliminary Recommendation: Adoption of Draft Resolution
(Continued from Regular Meeting of February 19, 2004)
10. 2003.0587HXVLU (A. LIGHT: (415) 558-6254)
938-942 MARKET STREET - north side between Mason and Cyril Magnin Streets (also fronting on the east side of Mason Street between Market and Eddy Streets (the lot and structure are L-shaped)), Lot 5, in Assessor's Block 341 - Request for 1) a Permit to Alter under Article 11 for a substantial increase in height to a Category I Building; 2) a Determination of Compliance under Section 309 of the Planning Code to permit an one-story vertical addition, historic façade rehabilitation, and conversion of existing office space to approximately 33 residential dwelling units, with an exception to the Planning Code rear yard requirements; 3) the granting of residential open space, dwelling unit exposure, and parking variances; 4) recommendation to the Board of Supervisors for conditional designation as San Francisco Landmark No. 244; and 5) recommendation to the Board of Supervisors for conditional approval of a conditional Mills Act Contract; all for the subject property, which is in the C-3-G Zoning District and a 110-X Height and
Bulk District. The Zoning Administrator will hear the variance application concurrently with the Planning Commission.
Preliminary Recommendation: Informational Only. No action requested.
(Continued from Regular Meeting of February 19, 2004)
11a. 2000.152CV (M. SNYDER: (415) 575-6891)
3229-3231 MISSION STREET - east side between Fair Avenue and Virginia Avenue, Lot 44 in Assessor's Block 5615 - Request for Conditional Use authorization to legally establish a second dwelling unit without providing additional parking pursuant to Planning Code Section 161(j). The subject property is within an NC-3 (Neighborhood Commercial - Moderate Scale) District, and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
11b. 2000.152CV (M. SNYDER: (415) 575-6891)
3229-3231 MISSION STREET - east side between Fair Avenue and Virginia Avenue, Lot 44 in Assessor's Block 5615 - Request for a rear yard variance to reconstruct the rear stair, construct a stair penthouse, and construct approximately additional two feet of height to a permitted ground floor commercial space, within the rear yard area. The subject property is within an NC-3 (Neighborhood Commercial - Moderate Scale) District, and a 40-X Height and Bulk District.
12. 2003.0080C (G. NELSON: (415) 558-6257)
2599 LOMBARD STREET - southeast corner at the intersection of Broderick and Lombard Streets; Lot 016 in Assessor's Block 0938 - Request for Conditional Use authorization pursuant to Section 712.83 of the Planning Code to install four (4) cellular antennas and related equipment cabinets on the roof of the Pacific Motor Inn as part of Verizon's wireless telecommunication network, within the NC-3 (Moderate Scale Neighborhood Commercial) District and a 40-X Height and Bulk District. The proposed antennas would be mounted behind an existing parapet and would not be visible from the street below. The related equipment would be housed in a new 16' wide by 17' long by 7' tall mechanical penthouse that would be partially visible from several uphill residences. Per the City & County of San Francisco's Wireless Telecommunications
Services (WTS) Facilities Siting Guidelines the project site is a Preferred Location Preference 4, as it is a commercial building in an NC-3 District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of January 15, 2004)
13. 2003.0829C (M. SMITH: (415) 558-6322)
1151-1153 GENEVA AVENUE - north side of the street between Edinburgh and Naples Streets, Lot 017 in Assessor's Block 6405 - Request for Conditional Use Authorization pursuant to Planning Code Section 161(j) to allow a dwelling unit without parking to be added to an existing mixed-use building, located in a NC-1 (Neighborhood Commercial Cluster) District and 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
14. 2003.0762C (B. FU: (415) 558-6613)
1135 EVANS AVENUE - southwest corner of Evans Avenue and Middle Point Road, Lot 014, Assessor's Block 4602A - Request for Conditional Use authorization under Planning Code Sections 711.83 and 790.80 to install a wireless telecommunications facility consisting of 3 panel antennas and a microwave dish on the existing 69-foot lattice pole and related equipment on the ground as a part of Cingular's wireless telecommunications network within a NC-2 (Small-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District. The site is a Location Preference 1 (Preferred Location - publicly-used structures).
Preliminary Recommendation: Approval with Conditions
15. 2002.1084C (M. LI: (415) 558-6396)
321-323 GRANT AVENUE - west side between Bush and Sutter Streets, Lot 003 in Assessor's Block 0286 - Request for conditional use authorization to establish a tourist hotel use within a C-3-R (Downtown Retail) District and an 80-130-F Height and Bulk District. The existing building, the Baldwin Hotel, contains 61 residential hotel rooms, of which 47 are vacant. The proposed project is to convert all 61 residential hotel rooms to tourist hotel rooms. There will be no physical expansion of the existing building.
Preliminary Recommendation: Approval with Conditions
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
