June 10, 2004SAN FRANCISCO
PLANNING COMMISSION
Notice of Meeting
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, June 10, 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
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. 2003.1110T (C. NIKITAS:(415) 558-6306)
REQUIRED SECOND MEANS OF EGRESS - Ordinance Amending the San Francisco Planning Code to Allow a Required Second Means of Egress Adoption of an ordinance amending the San Francisco Planning Code by adding a new section 136(c)(4)(A)(i-v) to allow certain stairways that are a required second means of egress under the Building Code, as permitted obstructions in the rear yard. The California Building Code no longer allows fire escapes as a second means of egress in most cases. This proposed text amendment provides an exemption to meet the requirements of the Building Code. This ordinance also includes changes to Section 311 and 312 to require neighbor notification for the addition of these stairways.
Preliminary Recommendation: Recommend approval of the ordinance to the Board of Supervisors.
(Continued from Regular Meeting of April 22, 2004)
(Proposed for Continuance to June 24, 2004)
2. 2004.0365DD (G. CABREROS: (415) 558-6169)
850 - 45TH AVENUE - east side between Cabrillo and Fulton Streets; Lot 024 in Assessor's Block 1687 -- Requests for Discretionary Review of Building Permit Application No. 2003.08.22.2792 proposing to add a second dwelling unit, add two floors and a horizontal addition to the rear of the existing single-family residence resulting in a four-story, two-unit building 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.
(Proposed for Continuance to July 22, 2004)
3. 2003.1177C (E. TOPE: (415) 558-6316)
2301 FILLMORE STREET - northwest corner at Clay Street, Lot 004 in Assessor's Block 0611 - Request for Conditional Use Authorization pursuant to Planning Code Sections 718.48 and 790.38, to allow amplified music and to extend the hours during which entertainment is allowed in a nonconforming bar and full-service restaurant (to be occupied by Leticia's Restaurant) in the Upper Fillmore Street Neighborhood Commercial District and a 40-X Height and Bulk District. Planning Commission Motion No. 13781, adopted on November 17, 1994, limit entertainment at this location to non-amplified music and restrict the hours during which entertainment is allowed.
Preliminary Recommendation: Pending
(Continued from Regular Meeting of March 4, 2004)
(Proposed for Continuance to July 22, 2004)
4. 2004.0151D (M. WOODS: (415) 558-6315)
2250 JACKSON STREET - north side between Buchanan and Webster Streets; Lot 008 in Assessor's Block 0589 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of all dwelling unit mergers, of Building Permit Application No. 2003.07.07.8857S, proposing to merge five dwellings units to a single-family residence in an RH-2 (Residential, House, Two-Family) District and 40-X Height and Bulk District.
(Continued from Regular Meeting of April 8, 2004)
(Proposed for Continuance to September 2, 2004)
5. 2004.0180D (G. CABREROS: (415) 558-6169)
3364 WASHINGTON STREET - north side between Walnut Street and Presidio Avenue, Lot 011B in Assessor's Block 0984 - Request for Discretionary Review of Building Permit Application No. 2003.11.10.9871 proposing front facade alterations and a three-story rear horizontal addition to an existing three-story, single-family residence in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve as submitted.
(Continued from Regular Meeting of April 15, 2004)
BUILDING PERMIT APPLICATION HAS BEEN WITHDRAWN.
6. 2004.0058D (D. SIROIS: (415) 558-6313)
1430 43RD AVENUE - east side between Kirkham and Judah; Lot 038 in Assessor's Block 1811 - Request for Discretionary Review of building permit application No. 2003.09.04.3873 seeking to construct a vertical addition and lateral addition on an existing single-family dwelling in an RH-1 (Residential House, Single-Family) District and in a 40-X Height and Bulk District.
Preliminary Recommendation: Take Discretionary Review and approve permit with modifications.
(Continued from Regular Meeting of May 27, 2004)
BUILDING PERMIT APPLICATION HAS BEEN WITHDRAWN.
B. COMMISSIONERS' QUESTIONS AND MATTERS
7. Consideration of Adoption of Draft Minutes of May 20 and May 27, 2004
8. Commission Comments/Questions
9. ALTERNATING CASE TYPES - On February 19, 2004, the Commission adopted the recommendation of Acting Director, Larry Badiner to mix each calendar by alternating case types. (i.e. Discretionary Review type cases would be first one week on the calendar and Conditional Uses and other type cases would be first the next week). The Commission also instructed that this be brought back to them for review in three months.
At this time, the Commission will review the effectiveness of the current alternating case type on the Commission calendars. They will consider maintaining it, modifying it, or abolishing it.
C. DIRECTOR'S REPORT
D. REGULAR CALENDAR
12. (D. LIM: (415) 558-6547)
ETHICS COMMISSION REQUEST FOR PLANNING COMMISSION AND DEPARTMENT PERSONNEL INCOMPATIBLE ACTIVITIES STATEMENT - Commission consideration of adoption of the draft Department Incompatible Activities Statement for submission to the Ethics Commission.
Preliminary Recommendation: Adoption
13a. 2004.0213CV (K. McGEE: (415) 558-6367)
52-60 6TH STREET - northwestern corner at Jessie Street; Lot 6 in Assessor's Block 3703 - Request for Conditional Use Authorization to allow the intensification of a nonconforming nighttime entertainment use, pursuant to Planning Code Section 181. The existing facility ("Club Six"), located on the ground and basement levels, is a nightclub, bar, and lounge, and proposes to expand by adding 2,450 square feet at the ground floor and 2,042 square feet at the basement level, resulting in a total of 8,647 square feet for the establishment. The subject property is in an RSD (Residential / Service) Mixed-Use District with an 85-X Height and Bulk district.
Preliminary Recommendation: Approval with Conditions
13b. 2004.0213CV (K. McGEE: (415) 558-6367)
52-60 6th STREET - northwestern corner at Jessie Street; Lot 6 in Assessor's Block 3703 - Request for Variance - Section 151 of the Planning Code requires one parking space be provided for each 200 square feet of occupied floor area, where the occupied floor area exceeds 5,000 square feet. The proposal to expand the project results in a total of 8,647 square feet for the establishment. The project expands the existing use beyond the 5,000 square foot parking threshold and would require 52 parking spaces. The project does not propose to add any parking spaces and therefore requires an off-street parking variance. The subject property is in an RSD (Residential/Service) Mixed-Use District with an 85-X Height and Bulk district.
14a. 2003.1241CV (M. WOODS: (415) 558-6315)
1447-1449 LOMBARD STREET - south side between Van Ness Avenue and Franklin Street; Lot 104, in Assessor's Block 0503 - Request for Conditional Use authorization under Planning Code Sections 161(j) and 303 to waive the two-car parking requirement for the proposed conversion of office spaces to two dwelling units on the second and third floors of an existing three-story building with a full-service restaurant on the ground floor. The site is within an NC-3 (Neighborhood Commercial, Moderate-Scale) Zoning District and a 40-X Height and Bulk District.
(Continued from Regular Meeting of May 6, 2004)
14b. 2003.1241CV (M. WOODS: (415) 558-6315)
1447-1449 LOMBARD STREET - south side between Van Ness Avenue and Franklin Street; Lot 104, in Assessor's Block 0503 - Request for rear yard and non-complying structure variances for the proposed conversion of office spaces to two dwelling units on the second and third floors of an existing three-story building with a full-service restaurant on the ground floor. The proposed conversion would not alter the size of the existing building. Because the existing building already encroaches into the required rear yard, it is considered a legal, non-complying structure, and the conversion of the two upper floors from commercial use to residential use triggers these variances. The site is within an NC-3 (Neighborhood Commercial, Moderate-Scale) Zoning District and a 40-X Height and Bulk District.
(Continued from Regular Meeting of May 6, 2004)
15a. 2002.0927!EKXCV (J. MILLER: (415) 558-6344)
1340-1390 MISSION STREET - northeast corner at Tenth Street (with additional frontage on Jessie and Ninth Streets), Lots 13, 26 and 27 in Assessor's Block 3508, in a C-3-G (Downtown General Commercial) District and in 120-X, 150-S and 200-S Height and Bulk Districts - Review under Planning Code Section 309 of a new building, variously eight and ten stories in height, containing approximately 231 units of affordable family housing (127 units) and senior housing (104 units) plus ground-floor space for community use, arts activities and retail use, and second-floor space for housing support services and building management, including requests for exceptions to Planning Code requirements for rear-yard area (Section 309(a)(1)) and ground-level wind currents (Section 309(a)(2)).
Preliminary Recommendation: Approval with Conditions
15b. 2002.0927!EKXCV (J. MILLER: (415) 558-6344)
1340-1390 MISSION STREET - northeast corner at Tenth Street (with additional frontage on Jessie and Ninth Streets), Lots 13, 26 and 27 in Assessor's Block 3508, in a C-3-G (Downtown General Commercial) District and in 120-X, 150-S and 200-S Height and Bulk Districts - Request for authorization of a Conditional Use, pursuant to Planning Code Section 124(f), for additional square footage (to be devoted to affordable housing) above the 6.0 to 1 floor area ratio (approximately 6.2 to 1) established for the C-3-G zoning district subject to the limitations set forth therein in conjunction with the construction of approximately 231 units of affordable family and senior housing plus ancillary ground- and second-floor uses.
Preliminary Recommendation: Approval with Conditions
15c. 2002.0927!EKXCV (J. MILLER: (415) 558-6344)
1340-1390 MISSION STREET - northeast corner at Tenth Street (with additional frontage on Jessie and Ninth Streets), Lots 13, 26 and 27 in Assessor's Block 3508, in a C-3-G (Downtown General Commercial) District and in 120-X, 150-S and 200-S Height and Bulk Districts - Dwelling-unit-exposure and lot-width Variances sought in conjunction with new construction of approximately 231 units of affordable family and senior housing plus ancillary ground- and second-floor uses, for dwelling units with their exposure onto an interior courtyard with dimensions insufficient to meet the standards for dwelling-unit exposure contained in Planning Code Section 140, and to re-subdivide the subject Lot 13 to sever a portion (which is already developed with a building) with a width of less than 25 feet, the minimum width established by Planning Code Section 121(d).
16. 2004.0306C (T. WANG: (415) 558-6335)
50 THOMAS MORE WAY - on the southwest corner of Thomas More and Brotherhood Ways; Lots 010 and 011 in Assessor's Block 7380 - Request for Conditional Use authorization pursuant to Planning Code Sections 209.3 (f) and (g) and 304 for a Planned Unit Development (PUD) to allow St. Thomas More School: (1) construction of a gymnasium and a classroom building; (2) addition of a preschool of 35 children; (3) an increase in enrollment from up to 300 students to up to 350 students; (4) seeking exceptions from rear yard requirements; (5) relocation of a portable classroom building to another location on campus; and (6) amending two previous Conditional Use authorizations related to the school in an RH-1(D) (Residential, House, One-Family, Detached Dwelling) District and a 40-X Height and Bulk District.
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
