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August 5, 2004

SAN FRANCISCO
PLANNING COMMISSION

Notice of Meeting
&
Calendar

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

Thursday, August 5, 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. 2004.0243D (E. TOPE: (415) 558-6316)

          1328 GROVE STREET - northwest corner of Grove and Divisadero Streets; Lot 005 in Assessor's Block 1182 - Request for Discretionary Review of Building Permit Application No. 2004.12.24.2995, proposing to convert a vacant retail space (formerly Rocky's Smoke Shop) to a small self-service restaurant (Domino's Pizza Parlor, a formula retail use, as defined by Planning Code Section 703.3(b)) in an NC-2 (Small-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District.

          Preliminary Recommendation: Pending

      (Proposed for Continuance to October 7, 2004)

      2a. 2003.0253D (G. NELSON: (415) 558-6257)

          5126-5130 ANZA STREET - north side between 42nd and 43rd Avenues; Lot 016 in Assessor's Block 1502. Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2001.03.07.3680 to demolish an existing two-story two-family dwelling (the project also proposes the construction of a new two-family dwelling) in an H-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

      Preliminary Recommendation: Pending.

      (Proposed for Continuance to October 7, 2004)

      2b. 2004.0682D (G. NELSON: (415) 558-6257)

          5126-5130 ANZA STREET - north side between 42nd and 43rd Avenues; Lot 016 in Assessor's Block 1502. Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new construction to replace demolished housing, of Building Permit Application No. 2001.03.07.3684 for the new construction of a three-story, two-family dwelling in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. The proposed new building will contain two off-street parking spaces.

      Preliminary Recommendation: Pending

            (Proposed for Continuance to October 7, 2004)

B. COMMISSIONERS' QUESTIONS AND MATTERS

      3. Consideration of Adoption - Draft minutes from June 10, 2004.

      4. Commission Comments/Questions

C. DIRECTOR'S REPORT

      5. Director's Announcements

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

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

      7. 2004.0409D (E. TOPE: (415) 558-6316)

                2301 CHESTNUT STREET (AKA 3253 SCOTT STREET) - southwest corner of Chestnut and Scott Streets; Lot 001 in Assessor's Block 0936 - Request for Discretionary Review of Building Permit Application No. 2004.03.03.7615, proposing to convert retail storage space (associated with Lucky Brand) to a small self-service restaurant (Cold Stone Creamery Ice Cream Store, a formula retail use, as defined by Planning Code Section 703.3(b)) in an NC-2 (Small-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District.

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

                Note: On July 22, 2004, following testimony, the Commission closed the public hearing. Following Commission deliberation, this item was continued to August 5, 2004, to allow the absent commissioners to participate in the final decision. The vote was +4 -0 with Commissioners Bradford Bell and Hughes absent.

F. REGULAR CALENDAR

      8. 2003.1164D (M. WOODS: (415) 558-6315)

                6725 CALIFORNIA STREET - south side between 29th and 30th Avenues, Lot 47 in Assessor's Block 1404 - Request for Discretionary Review of Building Permit Application No. 2003.03.13.9612 proposing to alter the existing two-story, single-family dwelling by raising the building approximately eight feet in order to create a new ground floor to contain a two-car garage, with a new dwelling unit behind, and expanding the building to the front, rear and sides. The subject property is located in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District.

                Preliminary Recommendation: Take Discretionary Review and deny the application.

                (Continued from Regular Meeting of June 24, 2004)

                NOTE: On January 22, 2004, following public testimony, the Commission closed the public hearing. The Commission expressed concerns that statements about preserving this structure or the essence of it are not reflected in the plans submitted. Item continued to March 25, 2004. Public hearing will remain open on any new information presented.

                NOTE: On March 25, June 3, and June 24, 2004, without a hearing, the Commission continued this matter. Public hearing remains open on any new information submitted/presented.

      9a. 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 adoption of California Environmental Quality Act (CEQA) findings related to Mitigated Negative Declaration (MND), and adoption of the MND. The project lies within a P (Public) Zoning District (proposed for rezoning to a C-3-G (Downtown, General) District, as discussed in the MND and Director's Report), 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 four levels above the rooftop of the existing non-historic horizontal addition, and would not be significantly visible from the front Jessie Street façade. The subject property is being sold by the City and County of San Francisco to the Project Sponsor.

          (Continued from Regular Meeting of July 1, 2004)

      9b. 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 a resolution recommending to the Board of Supervisors 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. 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. The subject property is being sold by the City and County of San Francisco to the Project Sponsor. The property must be rezoned in order for the closure of the property sale, and also for the proposed Project to receive final approval.

          (Continued from Regular Meeting of July 1, 2004)

      9c. 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 a Determination of Compliance under Section 309 of the Planning Code with exceptions. The project lies within a P (Public) Zoning District (proposed for rezoning to a C-3-G (Downtown, General) 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. Exceptions from requirements for rear yard and independently accessible parking are necessary for Project approval. Final approval of this Determination of Compliance and granting of exceptions would be subject to the rezoning of the property described in Item "b" above.

          (Continued from Regular Meeting of July 1, 2004)

      9d. 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 a Conditional Use authorization to permit parking in excess of accessory amounts. The project lies within a P (Public) Zoning District (proposed for rezoning to a C-3-G (Downtown, General) 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. Final approval of this Conditional Use authorization would be subject to the rezoning of the property described in Item "b" above.

          Continued from Regular Meeting of July 1, 2004)

        10a. 2003.0363CDD (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.

          (Continued from Regular Meeting of July 15, 2004)

        10b. 2003.1283DD (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.

          (Continued from Regular Meeting of July 15, 2004)

        10c. 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

          (Continued from Regular Meeting of July 15, 2004)

          11. 2004.0422D (D. DiBARTOLO: (415) 558-6291)

                500 DIVISADERO STREET - northeast corner at Fell Street, Lot 017A in Assessor's Block 1203 - Request for Discretionary Review of Building Permit Application No. 2004.03.03.7670, proposing to add an entertainment use (as defined in Planning Code Section 790.38) to the recently-approved approximately 1,700 square foot bar (to be called Madrone Lounge), within the two-story mixed-use structure. The proposal would add entertainment in the form of performance art and recorded and live music at the premises, between 9:00 p.m. and 1:00 a.m. Wednesday through Sunday nights. The site is within an NC-2 (Small-Scale Neighborhood Commercial) District, and a 65-A Height and Bulk District.

          Preliminary Recommendation: Take Discretionary Review and approve the application with conditions.

      12a. 2003.0525D (G. NELSON: (415) 558-6257)

          378 20th AVENUE - east side between Geary Boulevard and Clement Street; Lot 027 in Assessor's Block 1451 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2002.10.08.8572 to demolish an existing two-story single-family dwelling (the project also proposes the construction of a new two-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 the demolition.

      12b. 2004.0423D (G. NELSON: (415) 558-6257)

          378 20th AVENUE - east side between Geary Boulevard and Clement Street; Lot 027 in Assessor's Block 1451 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new construction to replace demolished housing, of Building Permit Application No. 2002.10.08.8566 for the new construction of a four-story, two-family dwelling in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District. The proposed new building will contain two off-street parking spaces.

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

      13. 2004.0604D (M. SNYDER; (415) 575-6891)

          375 ALABAMA STREET - east side between 16th and 17th Streets, Lot 02 in Assessor's Block 3966 - Mandatory Discretionary Review of Building Permit Application No. 2004.07.21.9363, under the Eastern Neighborhoods Interim policies, proposing a change of occupancy to allow temporary classroom facilities for City College of San Francisco, in an M-1 (Light Industrial) District and a 50-X Height and Bulk District, and in a Core PDR area.

          Preliminary Recommendation: Take Discretionary Review to record NSR limiting length of temporary use.

      14. 2004.0088C (M. SNYDER: (415) 575-6891)

          1042 MINNA STREET - north side between Layfayette and 11th Street, Lot 76 in Assessor's Block 3511 - Request for Conditional Use authorization under Planning Code Section 253 to construct three dwelling units that would be over 40-feet tall within an RH-3 District and 130-L Height and Bulk District. Conditional Use authorization is required for construction of any structure over 40-feet tall in a residential district. The subject site is within an RH-3 (House, Three-family) District and a 130-L Height and Bulk District.

      Preliminary Recommendation: Approve with conditions

          (Continued from Regular Meeting of June 24, 2004)

      15. 2004.0483C (M.LI: (415) 558-6396)

          1220 POLK STREET - northeast corner at Sutter Street, Lot 011 in Assessor's Block 0669 - Request for conditional use authorization to establish a small self-service restaurant (dba "Extreme Sandwiches") of approximately 600 square feet within the Polk Street Neighborhood Commercial District and a 65-A Height and Bulk District. There will be no physical expansion of the existing building.

              Preliminary Recommendation: Approval with conditions

5:00 P. M.

G. COMMISSION MATTERS

      16. Discussion of a potential process for the Commission to (1) review the position of Director of Planning; (2) determine the qualifications for the position; and (3) recruit and consider potential candidates for the position.

H. PUBLIC COMMENT

      At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting with one exception. When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Commission has closed the public hearing, your opportunity to address the Commission must be exercised during the Public Comment portion of the Calendar. Each member of the public may address the Commission for up to three minutes.

      The Brown Act forbids a commission from taking action or discussing any item not appearing on the posted agenda, including those items raised at public comment. In response to public comment, the commission is limited to:

      (1) responding to statements made or questions posed by members of the public; or

      (2) requesting staff to report back on a matter at a subsequent meeting; or

      (3) directing staff to place the item on a future agenda. (Government Code Section 54954.2(a))

Adjournment:

PLEASE NOTE:

The Commission has instituted a policy that, in most cases, they will not call an item for consideration after 10:00 PM. If an item is scheduled but not called or introduced prior to 10:00 PM, the Commission may continue the matter to the next available hearing.

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