July 1, 2004SAN FRANCISCO
PLANNING COMMISSION
Notice of Meeting
&
Calendar
Commission Chambers - Room
City Hall, 1 Dr. Carlton B. Goodlett
Place
Thursday, July 1, 2004
1:30 PM
Regular Meeting
President: Shelley Bradford Bell
Vice-President: Sue Lee
Commissioners: Michael J. Antonini; 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
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. 2004.0370C (G. NELSON: (415) 558-6257)
3640 BALBOA STREET - north side between 37th and 38th Avenues;
Lot 005F in Assessor's Block 1580 - Request for Conditional Use authorization
pursuant to Section 161(j) of the Planning Code to allow the construction
of two dwelling units without off-street parking. The proposal is to
create a second story within an existing 20-foot tall commercial structure
and to add two additional floors to the building, resulting in an approximately
40-foot tall, four-story building. The two top floors will each contain
a dwelling unit. The newly created commercial floor will be approximately
1500 square feet and will be considered a Business or Professional Service
use per Section 711.53 of the Code. The subject property is within an
NC-2 (Small Scale Neighborhood Commercial) District and a 40-X Height
and Bulk District.
Preliminary Recommendation: Approval with conditions
2. 2004.0251C (S. VELLVE: (415) 558-6263)
2298 MARKET STREET - north side between Noe and Sanchez Streets,
Lot 015 in Assessor's Block 3560 - Request for Conditional Use Authorization
pursuant to the following sections of the Planning Code: 721.41 to establish
a bar; 721.48 to provide other entertainment; 721.27 for extended hours
within the Upper Market Neighborhood Commercial District and a 40-X
Height and Bulk District.
(Proposed for Continuance to July 22, 2004)
3. 2003.1243EZXC (A. LIGHT (415) 558-6254)
418-420 JESSIE STREET - north side between 5th and Mint Streets,
Lot 6, in Assessor's Block 3704 -- Request for 1) adoption of California
Environmental Quality Act (CEQA) findings related to Mitigated Negative
Declaration; 2) a Zoning Map Amendment to change the zoning of
the site from a "P" (Public) Zoning District to a C-3-G (Downtown,
General) Zoning District; 3) a Determination of Compliance under
Section 309 of the Planning Code with exceptions; and 4)
a Conditional Use authorization to permit non-accessory parking.
The project lies within a P (Public) Zoning District, and within a 90-X
Height and Bulk District. The proposed project is to rehabilitate the
subject property (part of the historic Hale Brothers Department Store
National Register of Historic Places site and formerly a San Francisco
Fire Department firehouse) by seismically upgrading the building's structural
system, and repairing/restoring/rehabilitating the historic façade.
The use of the existing building would be converted from warehouse space
on the upper levels and the former firehouse use on the lower two levels
to approximately 25 residential units with ground floor retail (accessed
from Jessie Street) and parking (accessed from Stevenson Street). Open
Space would be provided by a combination of private balconies (located
on a side façade) and a common roof terrace. The project would
also include a vertical addition to the rear portion of the non-historic
1950s horizontal fire station addition to the east of the historic portion
of the structure. This vertical addition would rise three levels above
the rooftop of the existing non-historic horizontal addition, and would
not be significantly visible from the front Jessie Street façade.
(Proposed for continuance to August 5, 2004)
4a. 2004.0032D (J. PURVIS: (415) 558-6354)
43 HAMILTON STREET - east side south of Silver
Avenue; Lot 007 in Assessor's Block 5919 - Mandatory Discretionary
Review, under Planning Commission policy requiring review
of all housing demolition permits, of Demolition Permit Application
No. 2002.10.17.9296 proposing the demolition of a one-story, single-family
dwelling in an RH-1 (Residential, House, One-Family) Use District,
and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review
and approve demolition.
(Continued fro Regular Meeting of May 27, 2004)
(Proposed for Indefinite Continuance)
4b. 2004.0033D (J. PURVIS: (415) 558-6354)
43 HAMILTON STREET - east side south of Silver
Avenue; Lot 007 in Assessor's Block 5919 - Mandatory Discretionary
Review, under Planning Commission policy requiring review
of all replacement structures following residential demolition,
of Building Permit Application No. 2002.10.17.9298 proposing the
construction of a two-story single-family dwelling in an RH-1
(Residential, House, One-Family) Use District, and a 40-X Height
and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review
and approve new construction.
(Continued from Regular Meeting of May 27, 2004)
5a. 2003.1061D (J. PURVIS: (415) 558-6354)
133 ST. MARY'S AVENUE - south side, west of Mission Street;
Lot 031 in Assessor's Block 6722 - Mandatory Discretionary
Review, under Planning Commission policy requiring review
of all housing demolition permits, of Demolition Permit Application
No. 2003.07.22.0097 proposing the demolition of a fire-damaged
one-story, single-family dwelling in an RH-2 (Residential, House,
Two-Family) Use District, a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review
and approve the demolition.
(Continued from Regular Meeting of May 20, 2004)
(Proposed for Indefinite Continuance)
5b. 2004.0104D (J. PURVIS: (415) 558-6354)
133 ST. MARY'S AVENUE - south side, west of Mission Street;
Lot 031 in Assessor's Block 6722 - Mandatory Discretionary
Review, under Planning Commission policy requiring review
of all replacement structures following residential demolition,
of Building Permit Application No. 2003.07.22.0093 proposing the
construction of a three-story, two-family dwelling in an RH-2
(Residential, House, Two-Family) Use District, a 40-X Height and
Bulk District
Preliminary Recommendation: Do not take Discretionary Review
and approve the project.
(Continued from Regular Meeting of May 20, 2004)
(Proposed for Indefinite Continuance)
B. COMMISSIONERS' QUESTIONS AND MATTERS
C. DIRECTOR'S REPORT
D. PUBLIC COMMENT ON AGENDA ITEMS WHERE THE PUBLIC HEARING HAS BEEN CLOSED
At this time, members of the public who wish to address the Commission on agenda items that have already been reviewed in a public hearing at which members of the public were allowed to testify and the public hearing has been closed, must do so at this time. Each member of the public may address the Commission for up to three minutes.
E. CONSIDERATION OF FINDINGS AND FINAL ACTION - PUBLIC HEARING CLOSED
D. REGULAR CALENDAR
11a. 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 207.5, 263.11, 271, and 157 to construct a nine-story, mixed-use
building with up to 69 dwelling units at a density of one unit per 147
square feet of lot area under Section 207.5, to construct an 85-foot-tall
building (with a 16-foot-tall mechanical penthouse) in the 40-X/85-B
Height and Bulk District under Section 263.11, to exceed the bulk limits
at the 50-foot height by 60 feet in length and 54 feet diagonally (by
48 feet in length and 42 feet diagonally at the 65-foot height) under
Section 271; and to provide parking exceeding accessory amounts (with
up to 62 spaces for project residents) under Section 157. On the ground
floor, garage access would be provided at Shipley Street, and up to
5,000 gross square feet of retail space would be provided with access
from Folsom Street. The proposed project would also require a rear yard
modification and a variance from dwelling unit exposure requirements.
The site is within an RSD (Residential/Service) South of Market Mixed-Use
District, and a 40-X/85-B Height and Bulk District.
Preliminary Recommendation: Approval with modifications and conditions
(Continued from Regular Meeting of May 27, 2004)
NOTE: On May 27, 2004, the Commission passed a motion of
intent to approve by a vote +5 -1. Commissioner S. Lee voted no. Final
Language July 1, 2004. Public testimony remains open on any new information.
11b. 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 - Requests for Variances. The proposal is to
construct a nine-story, mixed-use building with up to 69 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. A variance is sought from dwelling unit
exposure requirements, as the horizontal dimensions of the inner
court do not meet the requirements for an open area as defined
under Section 140(a)(2) for dwelling unit exposure, and 27 of
the 70 units have no exposure other than this inner court. The
site is within an RSD (Residential/Service) Mixed-Use District,
and a 40-X/85-B Height and Bulk District.
(Continued from Regular Meeting of May 27, 2004)
NOTE: On May 27, 2004, Zoning Administrator has left the
public hearing open and continued the item to July 1, 2004.
12. 2004.0292C (M. WOODS: (415) 558-6315)
301 CLEMENT STREET - southwest corner of Clement Street and
4th Avenue; Lot 1 in Assessor's Block 1436 - Request for
Conditional Use authorization under Sections 186.1(a), 186.1(b),
303, 716.26 and 716.49 of the Planning Code to allow the expansion of
a non-conforming financial service use, the Washington Mutual Bank,
into an adjacent vacant retail space on the ground floor and the installation
of a new Automated Teller Machine (ATM) at the sidewalk of 301 Clement
Street, in the Inner Clement Street Neighborhood Commercial District
and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with conditions
13a. 2002.1036ECV (J. MILLER: (415) 558-6344)
651 - 655 GEARY STREET - south side between Jones and Leavenworth
Streets, Lot 20 in Assessor's Block 318, in an RC-4 (Residential-Commercial
Combined, High Density) District, the North of Market Residential Special
Use District Number One, and in an 80-130-T Height and Bulk District
- Consideration of findings related to the Final Mitigated Negative
Declaration ("FMND") of Environmental Impact prepared
for the demolition of an existing two-story building and its replacement
with a 13-story building containing up to 41 dwelling units, office,
career training and retail space without off-street parking, and adopting
the FMND, the mandatory mitigation measures contained therein, and a
"Mitigation Monitoring Program".
(Continued from Regular Meeting of June 17, 2004)
13b. 2002.0460ECV (J. MILLER: (415) 558-6344)
651 - 655 GEARY STREET - south side between Jones and Leavenworth
Streets, Lot 20 in Assessor's Block 318, in an RC-4 (Residential-Commercial
Combined, High Density) District, the North of Market Residential Special
Use District Number One, and in an 80-130-T Height and Bulk District
- Request for authorization of a Conditional Use for height over
40 feet in an "R" District, non-residential space above the
ground story in an "RC" District , and no residential-serving
off-street parking (when up to ten spaces would be required), in conjunction
with construction of a new, 13-story building containing approximately
41 dwelling units, approximately 16,467 gross square feet ("gsf")
of training space on the first two floors and in the basement for the
Career Resources Development Center ("CRDC") and approximately
1,500 gsf of ground-floor retail space.
Preliminary Recommendation: Approval with conditions
(Continued from Regular Meeting of June 17, 2004)
13c. 2002.1036CV (J. MILLER: (415) 558-6344)
651 - 655 GEARY STREET - south side between Jones and Leavenworth
Streets, Lot 20 in Assessor's Block 318, in an RC-4 (Residential-Commercial
Combined, High Density) District, the North of Market Residential Special
Use District Number One, and in an 80-130-T Height and Bulk District
- Off-street parking Variance sought in conjunction with the
construction of a new, 13-story building containing approximately 41
dwelling units, approximately 16,467 gross square feet ("gsf")
of training space on the first two floors and in the basement for the
Career Resources Development Center ("CRDC") and approximately
1,500 gsf of ground-floor retail space with no commercial-serving off-street
parking provided (when up to 30 spaces would be required).
14. 2003.0313C (D. SIROIS: (415) 558-6313)
2243-2247 MARKET STREET - south side between Noe and Sanchez
Street, Lot 19 in Assessor's Block 3559 - Request for Conditional
Use authorization under Planning Code Sections 721.48 to allow the
establishment of a live D.J. entertainment use ("Other Entertainment"
as defined by Section 790.38) in an existing bar and restaurant that
will be operated under the name Lime (formally known as Lalo's). The
subject property is located in the Upper Market Neighborhood Commercial
District in a 50-X Height and Bulk District.
Preliminary Recommendation: Approval with conditions
15. 2004.0348C (A. LIGHT: (415) 558-6254)
520 COLUMBUS AVENUE - north side between Stockton and Green
Streets, Lot 4, in Assessor's Block 117 - Request for a Conditional
Use authorization to operate a small "self-service restaurant"
(ice cream parlor). The project lies within the North Beach Neighborhood
Commercial Zoning District, and within a 40-X Height and Bulk District.
This proposal is to reopen "Ben & Jerry's" ice cream parlor
at 520 Columbus Avenue, which is across the street from its former location
at 543 Columbus Avenue. The proposed ice cream parlor, which is classified
as a small self-service restaurant under the provisions of Article 7
of the Planning Code, will occupy an existing, approximately 850 square-foot
retail space formerly occupied by a mobile phone retail store. "Ben
& Jerry's" will serve ready-to-eat ice cream deserts. Although
the majority of the ice cream consumption is anticipated to take place
off-site, the proposed ice cream parlor will provide five tables and
ten seats to be utilized by patrons of the store. No exterior changes,
other than signage, are proposed. Per Section 722.44 of the Planning
Code, a Conditional Use authorization is required for small self-service
restaurants in the North Beach Neighborhood Commercial District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of June 17, 2004)
16. 2002.1303C (M. SNYDER: (415) 558-6891)
1275 - 1301 INDIANA STREET - (AKA 1280 Minnesota Street) - a
through lot facing both Indiana Street and Minnesota Street between
23rd and 25th Streets, Lot 10 in Assessor's Block 4228 - Request
for Conditional Use authorization under Planning Code Sections 215(c)
and 304 for a Planned Unit Development consisting of up to 71 dwelling
units, up to 153 off-street parking spaces, approximately 18,500 square
feet of Production, Distribution, and Repair (PDR) use, and approximately
5,000 square feet of retail use, within an M-2 ( Heavy Industrial) District.
Exceptions to the Planning Code for rear yard configuration (as regulated
by Planning Code Section 134), density (as regulated by Planning Code
Section 215), and how height is measured (as regulated by Planning Code
Section 102.12) are being proposed as part of the Planned Unit Development.
The site is within an M-2 (Heavy Industrial) District, a 50-X Height
and Bulk District, and an Industrial Protection Zone as designated in
Planning Commission Resolution 16202.
Preliminary Recommendation: Disapproval
5:30 P.M
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.
