San Francisco Planning Department : July 15, 2004

July 15, 2004

SAN FRANCISCO
PLANNING COMMISSION

Notice of Meeting
&
Calendar

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

Thursday, July 15, 2004
1:30 PM

Regular Meeting

President: Shelley Bradford Bell
Vice-President: Sue Lee
Commissioners: Michael J. Antonini; Kevin Hughes; William L. Lee; Christina Olague
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; Kevin Hughes; William L. Lee; Christina Olague

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. 2003.0363CD (G. CABREROS: (415) 558-6169)

2626 BALBOA STREET - north side between 27th and 28th Avenues; Lot 011A in Assessor's Block 1570 - Request for Conditional Use Authorization pursuant to Planning Code Section 209.1 to allow up to one dwelling unit per 1,500 square feet of lot area, resulting in three dwelling units on a 5,000 square-foot lot in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. The project is also subject to a mandatory Discretionary Review hearing per the Planning Commission's Residential Demolition Policy.

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to August 5, 2004)

2a. 2003.0363CD (G. CABREROS: (415) 558-6169)

2626 BALBOA STREET - north side between 27th and 28th Avenues; Lot 011A in Assessor's Block 1570 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of residential demolitions, of Building Permit Application No. 2003.10.06.6594 proposing to demolish a one-story, four-unit building 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 demolition.

(Proposed for Continuance to August 5, 2004)

2b. 2003.1283CD (G. CABREROS: (415) 558-6169)

2626 BALBOA STREET - north side between 27th and 28th Avenues; Lot 011A in Assessor's Block 1570 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new residential buildings in association with residential demolitions, of Building Permit Application No. 2003.10.06.6596 proposing to construct a four-story, three-unit building 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 as submitted.

(Proposed for Continuance to August 5, 2004)

3. 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 June 24, 2004)

(Proposed for Continuance to September 23, 2004)

4. 2003.1109D (E. TOPE: (415) 558-6316)

2226 CALIFORNIA STREET - north side between Buchanan and Webster Streets; Lot 007 in Assessor's Block 0637 - Request for Discretionary Review of Building Permit Application No. 9919696, proposing to construct a four-car garage in the basement of, and construct a two story rear addition, including a roof deck at the third floor level, to a three story over basement, existing three-unit building located 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.

(Continued from Regular Meeting of May 6, 2004)

(Proposed for Indefinite Continuance)

5. 2003.0607C (T. TAM: (415) 558-6325)

306 RANDOLPH STREET - north side of Randolph Street, between Ramsell and Victoria Streets, Lots 51 and 56 in Assessor's Block 7088 - Request for Conditional Use authorization pursuant to Planning Code Sections 209.3(c), 710.11, and 710.21 to establish an institutional use (residential care facility for up to 56 persons) in an existing two-story commercial building currently owned and occupied by the Yeo Lai Sah Buddhist Temple. The project will also include a lot line adjustment between Lots 51 and 56. The property is located in NC-1 (Neighborhood Commercial Cluster) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions.

WITHDRAWN

B. COMMISSIONERS' QUESTIONS AND MATTERS

6. Consideration of Adoption - Draft Minutes of June 17, 2004.

7. Commission Comments/Questions

C. DIRECTOR'S REPORT

8. Director's Announcements

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

D. CONSENT CALENDAR

10. 2004.0555U (M. LUELLEN: (415) 558-6478)

801 MISSION STREET-south side between 4^th and 5^th Street, Lot 3724 in Assessor's Block 067. Request to erect business signs on the ground floor of the 5^th and Mission Streets City-owned public parking garage under Sign Permit Number 2004.04.19.1614. The proposal is to legalize an already erected single faced illuminated wall sign that measures 1'10" x 10'1"on the ground floor of the parking garage's Mission Street façade. Two single faced illuminated cabinet signs measuring 2'0" x 4'6" have been placed in the storefront window. Planning Code Section 605 requires that the Planning Commission approve or disapprove all applications for permits to erect business signs in P (Public) Districts. The property is located in a P (Public) District, and a 90X/340-I Height and Bulk District.

Preliminary Recommendation: Approval

E. REGULAR CALENDAR

11. 2004.0538T (J. P. SAMAHA: (415) 558-6602)

PLANNING CODE SECTION 312 AMENDMENTS - Consideration of an Ordinance amending the San Francisco Planning Code Section 312 to delete the requirement that changes of use per the use categories of Article 7, and changes of use to a retail coffee stores, as defined in the Planning Code Section 790.102(n), or to a pharmaceutical and personal toiletries use, as defined in Planning Code Section 790.102(c), or the addition of a prescriptive drug service where none previously existed within 3 years of an application for an addition, be subject to the notification and review procedures of Section 312; to add the requirement that changes of use to a formula retail use be subject to the notification and review procedures of Section 312; to add the requirement that building permit applications for a change of use to a bar, liquor store, walkup facility, full service restaurant, large fast food restaurant, small self-service restaurant, massage establishment, outdoor activity, or adult or other entertainment use, receive review for compliance with Neighborhood Commercial Design Guidelines and have a notice posted on-site for a 15 calendar day period during which the permit will be held pending any request for discretionary review before the Planning Commission; to add the requirement that the Planning Department make available and update every six months it list of neighborhood organizations with interests in specific properties or area; to make findings of consistency with the priority polices of Planning Code Section 101.1 and the General Plan.

Preliminary Recommendation: Adopt the resolution, recommending to the Board of Supervisors to approve the proposed ordinance.

12. 2004.0424D (K. MCGEE: (415) 558-6367)

331 GIRARD STREET - east side Girard Street between Bacon and Burrows Streets, Lot 7B in Assessor's Block 5982 - Request for Discretionary Review for Building Permit Application No. 2003.12.01.1345, proposing to add a second dwelling unit to the existing one unit building. The proposal also includes a third story vertical addition to the existing two-story, single-family dwelling. The property is located 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 as proposed.

13a. 2003.1226DV (K. MCGEE: (415) 558-6367)

266-270 14TH STREET - north side of 14th Street, between Mission and South Van Ness Streets, Lot 20 in Assessor's Block 3531- Request for Discretionary Review for Building Permit Application 2003.11.26.1242 proposing to change the use of the building from a live/work use to an assembly and entertainment use per Planning Code Section 221. The property is located in a C-M (Heavy Commercial) Zoning District, in a 40-X Height and Bulk District, and in the Housing/Mixed Use area of the Eastern Neighborhoods.

Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed.

13b. 2003.1226DV (K. MCGEE: (415) 558-6367)

266-270 14TH STREET north side of 14th Street, between Mission and South Van Ness Streets, Lot 20 in Assessor's Block 3531- Request for an Off-Street Parking Variance proposing to change the use of the building from a live/work use to an assembly and entertainment use without providing the required parking spaces. The property is located in a C-M (Heavy Commercial) Zoning District, in a 40-X Height and Bulk District, and in the Housing/Mixed Use area of the Eastern Neighborhoods.

14. 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 June 3, 2004)

15a. 2004.0621D (J. PURVIS: (415) 558-6354)

1907 MISSION STREET - east side, south of 15TH Street; Lot 28 in Assessor's Block 3553 - Planning Commission initiated Discretionary Review of Demolition Permit Application No. 2004.01.28.5109, proposing the demolition of a one-story, PDR building formerly occupied by Spencer's Car Radio, in an NC-3 (Moderate-Scale Neighborhood Commercial) Use District, a 80-B Height and Bulk District and within the Eastern Neighborhoods Housing/Mixed-Use Overlay District.

Preliminary Recommendation: Do not take DR and approve the demolition permit.

15b. 2004.0622D (J. PURVIS: (415) 558-6354)

1911 MISSION STREET - east side, south of 15TH Street; Lot 27 in Assessor's Block 3553 - Planning Commission initiated Discretionary Review of Demolition Permit Application No. 2004.02.10.6032, proposing the demolition of a one-story garage formerly used by Spencer's Car Radio, in an NC-3 (Moderate-Scale Neighborhood Commercial) Use District, a 80-B Height and Bulk District and within the Eastern Neighborhoods Housing/Mixed-Use Overlay District.

Preliminary Recommendation: Do not take Discretionary Review and approve the demolition permit.

15c. 2004.0623D (J. PURVIS: (415) 558-6354)

1581 15th STREET - south side, between Mission and Capp Streets; Lots 30 in Assessor's Block 3553 - Planning Commission initiated Discretionary Review of Demolition Permit Application No. 2004.02.10.6037, proposing the demolition of a one-story, PDR building occupied by the R.B. Roofing Company, in an NC-3 (Moderate-Scale Neighborhood Commercial) Use District, a 80-B Height and Bulk District and within the Eastern Neighborhoods Housing/Mixed-Use Overlay District.

Preliminary Recommendation: Do not take Discretionary Review and approve the demolition permit.

15d. 2003.1015D (J. PURVIS: (415) 558-6354)

1905 MISSION STREET - east side, south of 15TH Street; Lots 27, 28, 29, and 30 in Assessor's Block 3553 - Planning Commission initiated Discretionary Review of Building Permit Application No. 2004.01.28.5107, proposing the construction of a five-story, mixed-use building in an NC-3 (Moderate-Scale Neighborhood Commercial) Use District, a 80-B Height and Bulk District and within the Eastern Neighborhoods Housing/Mixed-Use Overlay District.

Preliminary Recommendation: Do not take Discretionary Review and approve the building permit.

16. 2003.1196D (T. WANG: (415) 558-6335)

3871 19^TH STREET - south side between Church and Sanchez Streets; Lot 096 in Assessor's Block 3600 - Request of Discretionary Review of Building Permit Application No. 2003.08.21.2760 to replace a roof hatch and two skylights with a stair penthouse for rooftop access, at the existing four-story over garage, two-family dwelling in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and disapprove the project as submitted.

17. 2004.0065D (G. NELSON: (415) 558-6257)

2131 DIVISADERO STREET - west side between Clay and Sacramento Streets, Lot 004 in Assessor's Block 1004 - Request for Discretionary Review of Building Permit Application No. 2003.01.24.5926, proposing to modify and raise the roof over the front portion of a single-family dwelling by approximately four feet by changing the compound roof to a hipped roof and adding a dormer window. The property is located 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 as submitted.

18. 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 enlarge a mezzanine 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 reconfigured second floor will contain residential space ancillary to a dwelling unit above, and commercial/storage space associated with the restaurant below (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.