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April 01, 2004

SAN FRANCISCO
PLANNING COMMISSION

Notice of Meeting
&
Calendar

Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, April 1, 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

          Commission Vice-President: Sue Lee
          Commissioners: Michael J. Antonini; Rev. Edgar E. Boyd; Lisa Feldstein;
          Kevin Hughes; William L. Lee

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.

          1a. 2003.0904D (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. 2003.07.24.0318 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.

          (Continued from Regular Meeting of February 26, 2004)

          (Proposed for Continuance to April 22, 2004)

          1b. 2003.0535EDV (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 - Request for Discretionary Review of Permit Application 2003.05.20.5122 to construct a new four-story, nine-unit residential building approximately 40 feet in height.

          Preliminary recommendation: Take Discretionary Review and approve the permit with conditions.

          (Continued from Regular Meeting of February 26, 2004)

          (Proposed for Continuance to April 22, 2004)

          2. 2003.0304E (J. NAVARRETE: (415) 558-5975)

          829 FOLSOM STREET - New Construction of 69 Residential Units: Appeal of Preliminary Negative Declaration The proposed project is new construction of 69 residential units in a nine-story, 80-foot tall, approximately 92,900 gross square-foot building covering a 10,313 square-foot site. A public parking lot currently occupies the project site, which would be demolished. About 63 parking spaces would be located in a basement-parking garage with parking entrances/exits on Shipley Street. There would be about 5,000 sq. ft. of ground floor retail space on Folsom Street. Pedestrian access would be on Shipley and Folsom Streets. The proposed project would require Conditional Use authorization for the project's proposed height above 40 feet. The project site is lot 91 in Assessor's Block 3752, on the south side of Folsom Street with street frontage also on Shipley Street, between Fourth and Fifth Street, within a South of Market Residential/Service District (SOM RSD) and a 40-X/85-B Height and Bulk District.

          Preliminary Recommendation: Uphold the Negative Declaration

            (Proposed for Continuance to April 22, 2004)

      3a. 2003.0304CV (J. PURVIS: (415) 558-6354)

          829 FOLSOM STREET - south side between 4th and 5th Streets, a through lot to Shipley Street; Lot 091 in Assessor's Block 3752. Request for Conditional Use authorization under Planning Code Sections 157, 207.5, 263.11, and 271 to construct an 85-foot-tall, nine-story building exceeding bulk limits, for a mixed-use development with up to 70 dwelling units, up to 5,000 gross square feet of ground floor retail commercial space, and a 62-space parking garage exceeding accessory amounts. A rear yard modification is sought under Section 134(e) to provide rear yard open space within an inner court and on a 7th floor setback of 10-15 feet along Shipley Street.

      Preliminary Recommendation: Pending

            (Proposed for Continuance to April 22, 2004)

      3b. 2003.0304CV (J. PURVIS: (415) 558-6354)

        829 FOLSOM STREET - south side between 4th and 5th Streets, a through lot to Shipley Street; Lot 091 in Assessor's Block 3752. The proposal is to construct a mixed-use development with up to 70 dwelling units, up to 5,000 gross square feet of ground floor commercial space and a 62-space parking garage. A rear yard modification is sought under Section 134(e) to provide rear yard open space within an inner court and on a 7th floor setback of 10-15 feet along Shipley Street. Variances are sought from the bay window projection limitations of Section 136(c)(2)(B) and from dwelling unit exposure requirements of Section 140(a)(2). The site is within an RSD (Residential/Service) Mixed-Use District, and a 40-X/85-B Height and Bulk District.

            (Proposed for Continuance to April 22, 2004)

          4. 2003.0741D (T. TAM: (415) 558-6325)

          580 OAK PARK DRIVE - end of Oak Park Drive, a cul-de-sac, 450 feet from the corner of Devonshire Way and Oak Park Drive, located in the Forest Knolls Neighborhood, in a residential enclave sandwiched between Mount Sutro and the Laguna Honda Reservoir, Lot 30 in Assessor's Block 2676 - Request for Discretionary Review for Building Permit Application No. 2002.12.04.2261, proposing to construct a new three-story-over-garage, single-family dwelling in an RH-1(D) (Residential, House, One-Family, Detached) District and a 40-X Height and Bulk District.

          Preliminary Recommendation: Take Discretionary Review and approve the project with modifications.

          (Continued from Regular Meeting of March 11, 2004)

          Note: On March 11, 2004, the Commission heard a staff report and received public testimony. Following the Commission's deliberation, they continued this matter to April 1, 2004, instructing the project sponsor to meet with neighbors and directed the Director of Planning to report back to them on the soil conditions.

            (Proposed for Continuance to April 22, 2004)

          5. 2000.465E (R. COOPER: (415) 558-5974)

          HOUSING ELEMENT OF THE SAN FRANCISCO GENERAL PLAN - Appeal of the Preliminary Negative Declaration for the proposed revision of the Housing Element of the San Francisco General Plan, which is an update of the 1990 Residence Element of the San Francisco General Plan. The Housing Element is a public policy document that comprehensively addresses issues of housing needs for San Francisco residents and households. Included in the Housing Element is San Francisco population, employment and housing data analysis. Eight new policies are proposed to be added to the 63 policies and 11 objectives that have been modified or retained from the 1990 Residence Element.

              Preliminary Recommendation: Uphold Preliminary Negative Declaration

                (Continued from Regular Meeting of February 26, 2004)

                (Proposed for Continuance to April 22, 2004)

          6a. 2003.1181KCR (M. LI: (415) 558-6396)

                801-825 MISSION STREET - the entire block bounded by 4th, Minna, 5th, and Mission Streets, Lot 067 in Assessor's Block 3724 - Request for a General Plan Referral to determine if the construction of a wireless telecommunications facility for Cingular Wireless on the 5th & Mission Garage is consistent with the objectives and policies of the General Plan.

                Preliminary Recommendation: Determination that the project is consistent with the objectives and policies of the General Plan.

                (Continued from Regular Meeting of March 4, 2004)

            (Proposed for Continuance to May 6, 2004)

          6b. 2003.1181KCR (M. LI: (415) 558-6396)

                801-825 MISSION STREET - the entire block bounded by 4th, Minna, 5th, and Mission Streets, Lot 067 in Assessor's Block 3724 - Request for conditional use authorization to install a wireless telecommunications facility for Cingular Wireless consisting of one antenna and two equipment cabinets on the 5th & Mission Garage. The antenna will be façade-mounted against an existing elevator penthouse on the roof of the garage and the equipment cabinets will be located adjacent to the same penthouse. The project site is within a P (Public Use) District and a 90-X/340-I Height and Bulk District. The proposed facility meets Location Preference 1 of the WTS Facilities Siting Guidelines.

                Preliminary Recommendation: Approval with conditions

            (Continued from Regular Meeting of March 4, 2004)

            (Proposed for Continuance to May 6, 2004)

        7. 2003.1047C (M. SNYDER: (415) 575-6891)

          3372-3378 MISSION STREET (aka 3350 MISSION STREET) - dba "Safeway" west side between 29th Street and 30th Street, Lot 55 in Assessor's Block 6635 - Request for Conditional Use authorization under Planning Code Section 712.83 and 790.80 to install a total of six panel antennas and associated equipment cabinets, as a part of a wireless transmission network operated by Cingular Wireless. The site is within an NC-3 (Neighborhood Commercial, Moderate-Scale) District and a 40-X Height and Bulk District. Pursuant to the WTS Facilities Guidelines, the project is a Preference 4 Location Site, a wholly commercial building.

            Preliminary Recommendation: Approval with conditions

            (Proposed for Continuance to May 6, 2004)

B. COMMISSIONERS' QUESTIONS AND MATTERS

      8. Consideration of Adoption - Draft Minutes of March 11, 2004

      9. Commission Comments/Questions

C. DIRECTOR'S REPORT

      10. Director's Announcements

      11. Review of Past Week's Events at the Board of Supervisors and Board of Appeals

D. REGULAR CALENDAR

      12. 2002.0914R (D. ARGUMEDO (S. Shotland: 558-6308): (415) 558-6284)

          675 TOWNSEND STREET. south side between 7th and 8th Streets; Lot 007 in Assessor Block 3799. 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, 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. The subject property (675 Townsend Street) is in an M-2 (Heavy Industrial) District and an 40-X/50-X (Height and Bulk) District.

      Preliminary Recommendation: Find the proposal not in conformity with the General Plan

          (Continued from Regular Meeting of March 25, 2004)

      13. 2002.0677D (J. IONIN (415) 558-6309)

          679 40TH AVENUE - west side between Balboa and Anza Streets; Lot 020 in Assessor's Block 1583 - Request for Discretionary Review of Building Permit Application No. 9909801, proposing a vertical and horizontal addition to accommodate a second dwelling unit with a second off-street parking space, to an existing 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.

          (Continued from Regular Meeting of March 25, 2004)

          14. (J.IONIN: (415) 558-6309)

          DISCRETIONARY REVIEW POLICY - Consideration of two options for a 'Simple vs Complex" Discretionary Review Policy and creating a Pre-Application process for new construction and certain alterations in RH and RM districts.

          Preliminary Recommendation: Adoption of Option 1.

          NOTE: On February 19, 2004, a proposal to amend the Planning Code Text to establish an Administrative Discretionary Review Policy failed. At that hearing, the Commission directed the Department to explore criteria for Simple Discretionary Review vs. Complex Discretionary Review. The Commission scheduled the review of this proposal for April 1, 2004.

          15. 2003.0167C (K. McGEE: (415) 558-6367)

          42-44 SHOTWELL STREET - west side between 14th and 15th Streets; Assessor's Block 3549, Lot 056 - Request for Conditional Use Authorization to expand a residential use in an M-1 (Light Industrial) Zoning District and in a 50-X Height and Bulk District per Planning Code Section 215(a). The proposal is to construct a four-story addition at the rear of the existing 3-story, two unit building.

            Preliminary Recommendation: Approval with conditions

          16a. 2002.1198CV (B. FU: (415) 558-6613)

          3184 MISSION STREET - northern intersection of Mission and Valencia Streets, Lot 015 in Assessor's Block 6574 - Request for Conditional Use authorization under Planning Code Sections 712.11 and 121.1, to allow the development of a lot greater than 10,000 square feet in a NC-3 (Moderate-Scale Neighborhood Commercial) District with a 40-X Height and Bulk designation. The proposal is to demolish the existing single story restaurant structure and construct a new four-story, 40-foot tall structure that would contain up to 20 dwelling units, 20 off-street parking spaces, and approximately 4,800 square feet of commercial space. The project also includes a request to allow modification of the rear yard requirement in Neighborhood Commercial Districts, pursuant to Planning Code Section 134(e), which will be considered concurrently by the Zoning Administrator.

          Preliminary Recommendation: Approval with conditions

      16b. 2002.1198CV B. FU: (415) 558-6613)

          3184 MISSION STREET - northern intersection of Mission and Valencia Streets, Lot 015 in Assessor's Block 6574 - Request for a rear yard Modification, pursuant to Planning Code Section 134(e), which will be considered by the Zoning Administrator, in a NC-3 (Moderate-Scale Neighborhood Commercial) District with a 40-X Height and Bulk designation. A rear yard of a minimum of 25 percent rear yard depth at each residential level is required. The proposal provides no rear yard setback for the 20 proposed dwelling units. However, an inner court of 11 percent of lot area, or 1,400 square feet, and other private and common decks of 14 percent, or 1,700 square feet, are proposed.

          17. 2003.1091C (D. DiBARTOLO: (415) 558-6291)

          2696 GEARY BOULEVARD - northeast corner at Emerson Street; Lot 004 in Assessor's Block 1071 - Request for conditional use authorization pursuant to Section 712.83 of the Planning Code to install and operate a wireless telecommunication facility for Nextel Communications within an NC-3 (Moderate Scale Neighborhood Commercial) Zoning District and an 80-D Height and Bulk District, upon the roof of an approximately 84-foot tall self-storage building (Public Storage Inc.). Per the City and County of San Francisco's Wireless Telecommunication Services (WTS) Facilities Siting Guidelines the site is a Preferred Location Preference 2, a co-location site.

                Preliminary Recommendation: Approval with conditions

                (Continued from Regular Meeting of March 4, 2004)

          18. 2003.1231C (D. DiBARTOLO: (415) 558-6291)

          1342 IRVING STREET - north side between 14th and 15th Avenues; Lot 018A in Assessor's Block 1736: Request for Conditional Use authorization under Planning Code Section 730.44 to add a Small-Self Service Restaurant within an existing Retail Grocery Store in the Inner Sunset Neighborhood Commercial District (NCD) and a 40-X Height and Bulk District. The proposal is to add an approximately 455 square foot self-service restaurant within the existing one-story approximately 2,650 square foot grocery store ("Quality Foods").

      Preliminary Recommendation: Approval with conditions

E. 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

Last updated: 11/17/2009 9:59:50 PM