June 3, 2004SAN FRANCISCO
PLANNING COMMISSION
Notice of Meeting
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett
Place
Thursday, June 3, 2004
1:30 PM
Regular Meeting
President: Shelley Bradford Bell
Vice-President: Sue Lee
Commissioners: Michael J. Antonini; Rev. Edgar E.
Boyd;
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@sfgov.org.
Copies of the Sunshine Ordinance can be obtained from the Clerk of the Sunshine Task Force, the San Francisco Library and on the City's website at www.sfgov.org/bdsupvrs/sunshine..
COMMUNICATIONS
Note: Each item on the Consent or Regular calendar may include the following documents:
1) Planning Department Case Executive Summary
2) Planning Department Case Report
3) Draft Motion or Resolution with Findings and/or Conditions
4) Public Correspondence
These items will be available for review at the Planning Department, 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;
Kevin Hughes; William L. Lee
A. CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE
B. COMMISSIONERS' QUESTIONS AND MATTERS
C. DIRECTOR'S REPORT
D. REGULAR CALENDAR
7. PLANNING CODE FEE AMENDMENT ARTICLE 3.5, ADMINISTRATIVE CODE SECTION
31.21. Consideration of Resolution of Intent to initiate an amendment
to Article 3.5 of the Planning Code and Section 31.21 of the Administrative
Code. The purpose of this hearing is to set a future date to hold a public
hearing to consider an adjustment and increase in various application fees
consistent with the Department's 2004/2005 Fiscal Year Work Program.
8a. 2004.0090EKCV (G. CABREROS: (415) 558-6169)
2655 VAN NESS AVENUE - southwest corner of Van Ness Avenue
and Greenwich Street, Lot 001 in Assessor's Block 0522 - Request
for Conditional Use Authorization under Planning Code Sections
253 and 271 to allow a building to exceed 40 feet in height in
the 65-A Height Bulk District and to exceed the prescribed bulk
limit. Above a height of 40 feet, the A Bulk District allows a
maximum building length of 100 feet and a maximum diagonal dimension
of 125 feet. The proposal is to demolish the existing three-story
commercial building (formerly a television station and most recently
a tennis club) and to construct a new six-story, mixed-use building
up to 65 feet in height and with a maximum length of 128 feet
and a maximum diagonal measurement of 146 feet above a height
of 40 feet. The new building proposes up to 29 dwelling units,
43 parking spaces in a below-grade garage, and approximately 4,700
square feet of commercial space at street level. A concurrent
hearing before the Zoning Administrator will be held for a Variance
request. The subject property is within an RC-3 (Residential-Commercial
Combined, Medium Density) District and a 65-A Height and Bulk
District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of April 22, 2004)
8b. 2004.0090EKCV (G. CABREROS: (415) 558-6169)
2655 VAN NESS AVENUE - southwest corner of Van Ness Avenue and
Greenwich Street, Lot 001 in Assessor's Block 0522 - Request for
Rear Yard and Dwelling Unit Exposure Variances under Sections 134
and 140 of the Planning Code. The proposal is to demolish the existing
three-story commercial building and to construct a new six-story, mixed-use
building up to 65 feet in height with up to 29 dwelling units, 43 parking
spaces in a below-grade garage, and approximately 4,700 square feet
of commercial space at street level. The proposed building measures
122 feet long and 70 feet deep, a rear yard Variance is requested. A
five-foot rear yard is proposed along the western portion of the lot
where an 18.75-foot rear yard is required. A Variance from the exposure
requirements is also requested. Eight units along the west side of the
proposed building would not meet the dwelling unit exposure requirement,
which requires all dwelling units to face onto either a street or Code-complying
rear yard. The subject property is located in an RC-3 (Residential-Commercial
Combined, Medium Density) District and a 65-A Height and Bulk District.
(Continued from Regular Meeting of April 22, 2004)
9a. 2003.0587EHXLUV: (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, as the lot and structure are L-shaped)), Lot 005,
in Assessor's Block 0341 - Request for adoption of California
Environmental Quality Act (CEQA) findings and a Mitigated Negative Declaration
related to a proposal to seismically upgrade the subject seven-story
office building (The Garfield Building), rehabilitate the historic building
façades, construct a one-story vertical penthouse addition that
would be set back from both the Market Street and Mason Street facades,
and convert the existing office use to approximately 33 dwelling units
for the subject property, which is in the C-3-G (Downtown, General)
Zoning District, the Kearny-Market-Mason-Sutter Conservation District,
and a 110-X Height and Bulk District.
Preliminary Recommendation: Adoption of the CEQA findings and the Mitigated
Negative Declaration
(Continued from Regular Meeting of May 13, 2004)
9b. 2003.0587EHXLUV: (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, as the lot and structure are L-shaped)), Lot 005,
in Assessor's Block 0341 - Request for a Permit to Alter under
Article 11 for a substantial increase in height as well as the creation
of a light well on a Category I Building, The Garfield Building, for
the subject property, which is in the C-3-G (Downtown, General) Zoning
District, the Kearny-Market-Mason-Sutter Conservation District, and
a 110-X Height and Bulk District.
The proposal is to:
1) Seismically upgrade the subject seven-story office building (The Garfield Building);
2) Rehabilitate the historic building façades;
3) Construct a one-story vertical penthouse addition that would be set back from both the Market Street and Mason Street facades, and create a light well along the eastern property line;
4) Convert the existing office use to approximately 33 dwelling units;
5) The Project will not provide parking as required by the Planning Code, nor will thirteen of the units meet the technical Planning Code requirements for dwelling unit exposure, and only three of the 33 units will have private open space. No common space will be provided on the project site, which is completely occupied by existing building. Given these factors, variances would need to be granted for parking, dwelling unit exposure, and residential open space requirements.
6) The proposed project would provide its required Below Market Rate (BMR) units on site as well as the off-site BMR units required for a proposed companion project located at 690 Market Street (2003.0584MTZXCKLU).
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: Approval with Conditions
(Continued from Regular Meeting of May 13, 2004)
9c. 2003.0587EHXLUV: (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, as the lot and structure are L-shaped)), Lot 005, in Assessor's Block 0341 - Request for 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 for the subject property, which is in the C-3-G (Downtown, General) Zoning District, the Kearny-Market-Mason-Sutter Conservation District, and a 110-X Height and Bulk District. The Zoning Administrator will hear the variance application concurrently with the Planning Commission
(See Item "b" above for detailed project description.)
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of May 13, 2004)
9d. 2003.0587EHXLUV: (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, as the lot and structure are L-shaped)), Lot 005, in Assessor's Block 0341 - Request for recommendation to the Board of Supervisors for conditional landmark designation of the subject property as San Francisco Landmark No. 244, which is in the C-3-G (Downtown, General) Zoning District, the Kearny-Market-Mason-Sutter Conservation District, and a 110-X Height and Bulk District.
(See Item "b" above for detailed project description.)
Preliminary Recommendation: Recommendation to the Board of Supervisors for the Approval of Landmark Designation
(Continued from Regular Meeting of May 13, 2004)
9e. 2003.0587EHXLUV: (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, as the lot and structure are L-shaped)), Lot 005, in Assessor's Block 0341 - Request for a recommendation to the Board of Supervisors for conditional approval of a conditional Mills Act Contract for the subject property, which is in the C-3-G (Downtown, General) Zoning District, the Kearny-Market-Mason-Sutter Conservation District, and a 110-X Height and Bulk District.
(See Item "b" above for detailed project description.)
Preliminary Recommendation: Recommendation to the Board of Supervisors for the Approval of Mills Act Contract
(Continued from Regular Meeting of May 13, 2004)
9f. 2003.0587EHXLUV: (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, as the lot and structure are L-shaped)), Lot 005, in Assessor's Block 0341 - Request for the granting of residential open space, dwelling unit exposure, and parking variances for the subject property, which is in the C-3-G (Downtown, General) Zoning District, the Kearny-Market-Mason-Sutter Conservation District, and a 110-X Height and Bulk District. The Zoning Administrator will consider these variance requests concurrently with the Planning Commission's consideration of the above items.
(See Item "b" above for detailed project description.)
10. 2003.1267D (M. SNYDER: (415) 575-6891)
952 DeHARO STREET - west side between Southern Heights Avenue and 22nd Street, Lot 27 in Assessor's Block 4095 - Request for Discretionary Review of Building Permit Application No. 2003.05.29.5746 proposing to construct a new three story dwelling at the front of a lot where a single-family dwelling exists at the rear of the lot. The property is within an RH-2 (House, Two-family) District, and a 40-X Height and Bulk District.
Preliminary Recommendation: Take Discretionary Review and approve the project as modified.
(Continued from Regular Meeting of April 22, 2004)
11. 2003.1285D (T. TAM: (415) 558-6325)
3340 BAKER STREET - east side between North Point and Bay Streets, Lot 25 in Assessor's Block 0923 - Request for Discretionary Review for Building Permit Application No. 2003.08.04.1168s, proposing to construct a new three-story rear horizontal extension with a new roof deck on top to an existing three-story, single-family dwelling. The property is located in the RH-1 (Residential, House, One-Family) 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 April 8, 2004)
12. 2004.0163D (G. NELSON: (415) 558-6257)
2244 STEINER STREET - east side between Clay and Sacramento Streets; Lot 025 in Assessor's Block 0630 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of Dwelling Unit Mergers, of Building Permit Application No. 2004.01.12.3872, proposing to convert a three-family dwelling to 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 application as submitted.
(Continued from Regular Meeting of May 13, 2004)
13a. 2003.0746D (G. NELSON (415) 558-6257)
1234 19th AVENUE - east side between Lincoln Way and Irving Street; Lot 038 in Assessor's Block 1732 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2002.06.10.8643, proposing to demolish a two-story single-family dwelling in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve demolition.
(Continued from Regular Meeting of April 15, 2004)
13b. 2003.0091D (G. NELSON (415) 558-6257)
1234 19th AVENUE - east side between Lincoln Way and Irving Street; Lot 038 in Assessor's Block 1732 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new residential buildings in association with residential demolition, of Building Permit Application No. 2002.06.10.8646, proposing to construct a four-story, three-family residential structure with three off-street parking spaces 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 application with modifications.
(Continued from Regular Meeting of April 15, 2004)
14. 2003.0841C (G. NELSON: (415) 558-6257)
1950-1960 GREEN STREET - north side between Buchanan and Laguna Streets; Lot 040 in Assessor's Block 0542 - Request for Conditional Use Authorization pursuant to Sections 178(c) and 303 of the Planning Code to allow the enlargement of two dwelling units (which are considered to be a conditional use due to the 6,100 square foot lot size) within an 11-unit residential building. The proposal is also to raise the building approximately four feet to create a new below-grade parking garage for 11 vehicles, and to expand the building toward the rear at the first, second, and third stories. The horizontal expansion will contain, in addition to the two enlarged conditionally-allowed units, two enlarged as-of-right units (the remaining seven non-conforming units are not proposed to be expanded). New entry stairs and a driveway/garage door will be constructed at the front. The subject property is within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
(Continued from Regular Meeting of April 22, 2004)
15. 2003.1298C (K. McGEE; (415) 558-6367)
49-51 DUBOCE AVENUE - south side, between Woodward and Valencia Streets, Lot 039 in Assessor's Block 3532 - Request for conditional use authorization to construct five dwelling units in a C-M (Heavy Commercial) Zoning District and a 50-X Height and Bulk District, and in the Eastern Neighborhoods Interim Policy Core PDR area per Planning Code Section 215. The proposal is to demolish the existing commercial building, a scooter repair shop, and to construct five units with parking.
Preliminary Recommendation: Disapproval.
16. 2003.0846CR (F. JONES: (415) 558-6477)
1298 OCEAN AVENUE - northeast corner of Ocean Avenue, and Plymouth Avenue, Lot 017, Assessor's Block 3199 - Request for Conditional Use Authorization for the new construction of a one-story, 6,100 square foot public library branch (Ingleside Branch Library) on a vacant 11,120 square foot corner lot previously occupied by an auto repair garage Planning Code Section 711.83 requires Conditional Use Authorization for the creation of a publicly owned use, Section 711.11 requires a Conditional Use Authorization for the development of lots in excess of 10,000 square feet, and Section 711.21 states that nonresidential uses in excess of 3,999 square feet are subject to Conditional Use Authorization in an NC-2 (Small-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of May 6, 2004)
6:00 P.M
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
