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October 28, 2004

October 28, 2004

SAN FRANCISCO
PLANNING COMMISSION

Notice of Meeting
&
Calendar

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

Thursday, October 28, 2004
1:30 PM

Regular Meeting
President: Shelley Bradford Bell
Vice-President: Sue Lee
Commissioners: Dwight S. Alexander; 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. 2002.1305C (M. SNYDER: (415) 575-6891)

          1096 SOUTH VAN NESS AVENUE - previously Driscoll's Mortuary Chapel, northwest corner of South Van Ness Avenue and 22nd Street, Lot 10 in Assessor's Block 3615 - Request for Conditional Use authorization to establish a full service restaurant and a place of entertainment that would be open until 2:00 am within a building that was previously used as a mortuary. Conditional Use authorization is required for (1) hours of operation between 11:00 pm and 2:00 am pursuant to Planning Code Sections 710.27 and 790.48; (2) the establishment of other entertainment pursuant to Planning Code Sections 710.48 and 790.38; (3) the establishment of a full service restaurant on a lot within ¼ mile of the 24th Street - Mission Neighborhood Commercial District Pursuant to Planning Code Sections 710.42 and 727.42; and (4) the establishment of a restaurant use on the second floor of a building designed for a single tenant pursuant to Planning Code Section 186.2(a) and 186.1(b). No exterior alteration is proposed. The project is within an NC-1 (Neighborhood Commercial, Cluster) District, a 50-X Height and Bulk District, the Mission Alcoholic Restricted Special Use District.

        (Proposed for Continuance to November 4, 2004)

          2a. 2004.0130CV (J. MILLER: (415) 558-6344)

                1353-1355 BUSH STREET - south side between Larkin and Polk Streets, with additional frontage on Fern Street, Lot 13 in Assessor's Block 669, in an the Polk Street Neighborhood Commercial District ("NCD") and a 65-A Height and Bulk District - Request for Conditional Use authorization for use size in excess of 3,000 square feet for a music training facility ("Music City"), with a Full-Service Restaurant and Bar with live entertainment, open after hours (between 2:00 and 6:00 A.M.) also requiring a Variance for off-street parking and usable open space for an upper-floor group-housing use.

                Preliminary Recommendation: Approval with Conditions

                (Continued from Regular Meeting of July 22, 2004)

          NOTE: On July 22, 2004, following public testimony, the Commission continued the matter to September 23, 2004 instructing the project sponsor to continue discussing issues with neighbors. Public comment remains open.

                (Continued from Regular Meeting of September 23, 2004)

          (Proposed for Continuance to November 4, 2004)

          2b. 2002.0130CV (J. MILLER: (415) 558-6344)

                1353-1355 BUSH STREET - south side between Larkin and Polk Streets, with additional frontage on Fern Street, Lot 13 in Assessor's Block 669, in the Polk Street Neighborhood Commercial District ("NCD") and a 65-A Height and Bulk District - Off-Street Parking and Usable Open Space Variances sought in conjunction with the conversion of existing tourist hotel rooms to group housing (residential hotel rooms) and for a Full-service Restaurant and Bar and music training facility ("Music City") with no off-street parking and no outdoor open area.

                (Continued from Regular Meeting of July 22, 2004)

          NOTE: The Acting Zoning Administrator continued this item to September 23, 2004. Public comment remains open.

          (Continued from Regular Meeting of September 23, 2004)

                (Proposed for Continuance to November 4, 2004)

          2c. 2002.0129C (J. MILLER: (415) 558-6344)

                835 HYDE STREET - west side between Bush and Sutter Streets, Lot 3 in Assessor's Block 279, in an RC-4 (Residential Commercial Combined, High Density) District and a 130-E Height and Bulk District - Request for a Conditional Use authorization for a Tourist Hotel (conversion of 31 "residential" hotel rooms, being consolidated at another location, to "tourist" rooms) with no off-street parking.

          Preliminary Recommendation: Approval with Conditions

          NOTE: On July 22, 2004, following public testimony, the Commission continued the matter to September 23, 2004 instructing the project sponsor to continue discussing issues with neighbors. Public comment remains open.

            (Continued from Regular Meeting of September 23, 2004)

          (Proposed for Continuance to November 4, 2004)

          3. 2004.0607D (D. DIBARTOLO: (415) 558-6291)

                215-217 COLE STREET - west side between Hayes and Fell Streets: Lot 003 in Assessor's Block 1212 - Request for Discretionary Review of Building Permit Application No. 2003.09.29.5983S, proposing to construct a vertical and rear horizontal addition and to renovate the existing three-story over garage two-unit structure. The project proposes to (1) add one residential dwelling unit at the top floor level, achieved by raising the roof level approximately 2.5 feet at the middle portion of the structure; (2) construct a horizontal addition by extending the rear building wall by approximately 7.5 feet at the first three floor levels; and, (3) renovate and retain the existing design components of the front facade of the structure. The property is located in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

            Preliminary Recommendation: Pending

            (Proposed for Continuance to January 20, 2005)

          (Proposed for Continuance to January 20, 2005)

          4. (G. GREEN: (415) 558-6411)

                REVIEW AND COMMENT ON INTERIM POLICIES AND CONTROLS FOR THE EASTERN NEIGHBORHOODS - (including eastern SOMA, Showplace Square, and the Mission). Review and comment on adopted policies and initiated draft interim controls, which were established by the Planning Commission on February 12, 2004 to set forth areas for Housing and Mixed Uses, Core PDR (Production, Distribution, and Repair), and Housing/PDR in specified Eastern Neighborhoods Community Plan Areas. This hearing will summarize prior Commission actions and provide an opportunity for the Commission to comment on Staff recommendations for potential policy amendments and modifications to initiated interim controls.

          NOTE: On February 12, 2004, the Commission adopted Resolution 16726 initiating draft controls and Resolution 16727 adopting policies for portions of the Eastern Neighborhoods.

          On May 6, 2004, the Commission adopted Resolution 16783, which amended the boundaries of the SOMA as addressed under Resolution 16727.

          On March 25, 2004, Commission President Bradford Bell re-opened the consideration of initiation of interim controls for the Mission, as addressed under Resolution 16726.

          On June 3, 2004, without a hearing, the Commission continued the matter to July 1, 2004.

          On July 1, 2004, the Commission held a public hearing and continued the matter to September 2, 2004.

          On September 2, 2004, following public testimony the Commission closed public hearing for that day and continued the item to October 28, 2004 for policies or controls. If policies, define boundaries and define the NEMIZ. If controls, initiate the process.

          (Proposed for Indefinite Continuance)

B. COMMISSIONERS' QUESTIONS AND MATTERS

      5. Commission Comments/Questions

C. DIRECTOR'S REPORT

      6. Director's Announcements

      7. 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

      8. 2004.0797C (D. SIDER: (415) 558-6697)

          1728-1748 HAIGHT STREET - between Cole and Shrader Streets; Lot 35 in Assessor's Block 1229 - Request for Conditional Use Authorization to modify conditions of approval set forth in Planning Commission Motion Number 15935 and relating to Planning Department Case Number 99.209C to allow payment of an in-lieu affordable housing fee rather than provide on-site affordable housing, pursuant to inclusionary housing policies set forth in Planning Commission Resolution Number 13405. In October of 2000, the City authorized construction of a 4-story over basement building containing 32 dwelling units, 14,200 gross square feet of commercial space, 75 below-grade parking spaces, and an accessory building with 2 townhouse units. This building is now complete. Conditions of approval require three of the proposed units to be provided as Below Market Rate (BMR) units. This proposal would modify previous conditions of approval to allow the payment of an in-lieu fee to the Mayor's Office of Housing rather than provide the 3 required BMR units on-site. No physical work is proposed. The property is within the Haight Street Neighborhood Commercial Zoning District and a 40-X Height and Bulk District.

        Preliminary Recommendation: Approval with Conditions.

          NOTE: On October 21, 2004, following public testimony, the Commission closed the public hearing and entertained a motion to approve. The motion failed to pass by a vote of +3-3; Commissioners Alexander, Olague and Bradford Bell voted No; Commissioner S. Lee was absent. The Commission then continued the item to October 28, 2004, to allow absent Commissioner the ability to participate in the final action.

F. REGULAR CALENDAR

      9. 2004.0399DD (G. CABREROS: (415) 558-6169)

          2121-2123 LEAVENWORTH STREET - west side between Greenwich and Filbert Streets, Lot 002 in Assessor's Block 0094 - Requests for Discretionary Review of Building Permit Application No. 2003.08.28.3345, proposing to construct a new fifth floor and a side horizontal addition to the existing four-story, two-unit building in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

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

          (Continued from Regular Meeting of September 23, 2004)

          10. 2004.0683D (G. CABREROS: (415) 558-6169)

          2812 WASHINGTON STREET - north side between Divisadero and Scott Streets, Lot 012 in Assessor's Block 0979 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of dwelling unit mergers, of Building Permit Application 2004.05.12.3625 proposing to reduce five dwelling units to three units within a four-story 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 merger.

      11a. 2004.0336D (T. TAM: (415) 558-6325)

          1144 PLYMOUTH STREET - east side between Ocean and Holloway Avenues, Lot 34 in Assessor's Block 6943 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2002.09.06.5881 (dwelling at the front) to demolish an existing one-story, single-family dwelling in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

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

          (Continued from Regular Meeting of October 14, 2004)

      11b. 2004.0759D (T. TAM: (415) 558-6325)

          1144 PLYMOUTH STREET - east side between Ocean and Holloway Avenues, Lot 34 in Assessor's Block 6943 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2002.09.06.5882 (dwelling at the rear) to demolish an existing one-story, single-family dwelling in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

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

          (Continued from Regular Meeting of October 14, 2004)

          11c. 2004.0758DD (T. TAM: (415) 558-6325)

          1144 PLYMOUTH STREET - east side between Ocean and Holloway Avenues, Lot 34 in Assessor's Block 6943 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new construction to replace demolished housing, of Building Permit Application No. 2002.09.06.5878S, for the construction of a three-story, two-family dwelling in an RH-2 (Residential, House, Two-Family) District and 40-X Height and Bulk District. On October 12, 2004, the adjacent neighbor at 1148 Plymouth filed a separate Discretionary Review request on the new construction.

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

      (Continued from Regular Meeting of October 14, 2004)

      12. 2004.0631D (M. SMITH: (415) 558-6322)

          21-23 JERSEY STREET - south side between Church and Dolores Streets, Lot 042 in Assessor's Block 6535 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of all dwelling unit mergers, of Building Permit Application No. 2004.07.01.7869, proposing to merge two dwelling units into a single dwelling unit, located in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

      Preliminary Recommendation: Take Discretionary Review and Disapprove Merger

      13. 2004.0780T (P. LORD: (415) 558-6311)

          HAIGHT STREET FORMULA RETAIL CONDITIONAL USE REQUIREMENTS - Consideration of an Ordinance amending Planning Code Section 707.3 to designate formula retail uses as a Conditional Use in the Haight Street Neighborhood Commercial District; and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

          Preliminary Recommendation: Approval

                (Continued from Regular Meeting of October 21, 2004)

      14. 2004.0962C (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 (g) to allow St. Thomas More School the addition of a third story, approximately 3,800 square feet of floor area, to a two-story classroom building, which was authorized under a previous Conditional Use Case No.2004.0306C (Motion No. 16815) 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

          15. 2004.0141C (B. FU: (415) 558-6613)

          100 FELTON STREET - northwest corner of Girard avenue and Felton street - Lot 013, Assessor's Block 5926 - Request for Conditional Use authorization under Planning Code Sections 209.6(b) to install a wireless telecommunications facility consisting of 6 panel antennas and related equipment on an existing three-story publicly-used structure (church) as part of Cingular Wireless' wireless telecommunications network in a Location Preference 1 (Preferred Location - Publicly-Used Structure), according to the Wireless Telecommunications Services (WTS) Siting Guidelines, within a RH-2 (Residential - Two Family) Zoning District and a 40-X Height and Bulk District.

                Preliminary Recommendation: Approval with Conditions

          16a. 2002.0928CEV (D. DIBARTOLO: (415) 558-6291)

          7-11 VANDEWATER STREET (AKA 9 VANDEWATER) AND 418-420 FRANCISCO STREET - a through lot between Powell and Mason Streets; Lots 009 and 019 in Assessor's Block 0041 - Request for Conditional Use authorization to merge two assessor's lots into one single lot greater than 5,000 square feet per Section 722.11 of the Planning Code. The proposal is to demolish two existing one story commercial structures at the Vandewater Street frontage and to construct a new four-story building with nine dwelling units over a garage. The project retains the existing two-story mixed-use structure on Francisco Street by rehabilitating the façade and adding a new partial third floor. The existing residential unit would remain and occupy the two-story space above the approximately 900 square foot ground floor commercial space that would also be retained. The Zoning Administrator at this concurrent public hearing will also consider a rear yard modification and variance request, within the North Beach Neighhood Commercial District (NCD) and a 40-X Height and Bulk District.

          Preliminary Recommendation: Approval with conditions.

          16b. 2002.0928CEV (D. DIBARTOLO: (415) 558-6291)

                7-11 VANDEWATER STREET (AKA 9 VANDEWATER) AND 418-420 FRANCISCO STREET - a through lot between Powell and Mason Streets; Lots 009 and 019 in Assessor's Block 0041 - Requests for Variances. The proposal is to merge two assessor's lots into one single lot greater than 5,000 square feet; to demolish two existing one story commercial structures at the Vandewater Street frontage; and to construct a new four-story building with nine dwelling units over a garage. The project retains the existing two-story mixed-use structure on Francisco Street by rehabilitating the façade and adding a new partial third floor. A rear yard modification is sought under Section 134 (e) to provide a rear yard open space within an inner court. 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 six of the ten units have no exposure other than this inner court. The site is within the North Beach Neighborhood Commercial District (NCD) and a 40-X Height and Bulk District.

          17. 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 alter 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 contains storage space ancillary to the restaurant below (considered a Full-Service Restaurant per Section 711.42 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.

      (Continued from Regular Meeting of October 7, 2004)

          NOTE: On October 7, 2004, the Commission entertained a motion to approve by a vote +2 -3. The motion failed to carry. Commissioners Hughes, S. Lee, and Olague voted no. Commissioner Bradford-Bell was absent. The Commission continued the matter to October 28, 2004 by a vote +4 -1 (Commissioner Hughes voted No) requring more information about the effects on local businesses (specifically the Balboa Theater) and receive input from the owners of the Sugar Bowl Bakery regarding their displacement. Public Hearing Remains Open.

          18a. 2003.0262E!KXCVMRTZ (M. LI: (415) 558-6396)

                1401-1435 MARKET STREET - southwest corner at 10th Street; Lot 039 in Assessor's Block 3507- Adoption of CEQA findings regarding the proposed establishment of the Tenth and Market Streets Special Use District, the construction of two residential buildings containing a total of up to 450 dwelling units, and the potential construction of an office building for occupancy by the City and County of San Francisco. The property is currently within a C-3-G (Downtown General Commercial) District and 320-S, 200-S, 150-S Height and Bulk Districts.

                Preliminary Recommendation: Adopt the CEQA findings

                (Continued from Regular Meeting of October 21, 2004)

          18b. 2003.0262E!KXCVMRTZ (M. LI: (415) 558-6396)

                1401-1435 MARKET STREET, southwest corner at 10th Street; Lot 039 in Assessor's Block 3507 - Request for a General Plan referral to determine if the vacation and sale of Jessie Street, related to the construction of two residential buildings with a total of up to 450 dwelling units and the potential construction of an office building for occupancy by the City and County of San Francisco, are in conformity with the objectives and policies of the General Plan. The property is currently within a C-3-G (Downtown General Commercial) District and 320-S, 200-S, 150-S Height and Bulk Districts.

                Preliminary Recommendation: Determine that the vacation and sale of Jessie Street are in conformity with the objectives and policies of the General Plan

          18c. 2003.0262E!KXCVMRTZ (M. LI: (415) 558-6396)

                1401-1435 MARKET STREET - southwest corner at 10th Street; Lot 039 in Assessor's Block - Request for a Planning Code text amendment related to the proposed establishment of the Tenth and Market Streets Special Use District. The Planning Code text amendment consists of adding Section 249.27 to the Planning Code, which would establish the Tenth and Market Streets Special Use District and include the following provisions: (a) eliminate residential density restrictions, (b) exempt residential uses from the calculation of floor area ratio, (c) provide a height exemption of up to 30 feet for elevator and mechanical penthouses, and (d) allow residential parking up to a ratio of one independently accessible space for each dwelling unit with conditional use authorization. The property is currently within a C-3-G (Downtown General Commercial) District and 320-S, 200-S, 150-S Height and Bulk Districts.

                Preliminary Recommendation: Adopt the draft resolution

                (Continued from Regular Meeting of October 21, 2004)

          18d. 2003.0262E!KXCVMRTZ (M. LI: (415) 558-6396)

                1401-1435 MARKET STREET - southwest corner at 10th Street; Lot 039 in Assessor's Block 3507 - Request for a zoning map amendment related to the proposed establishment of the Tenth and Market Streets Special Use District. The zoning map amendment consists of adding the Tenth and Market Streets Special Use District to Map 7SU of the Official Zoning Maps of the City and County of San Francisco. The property is currently within a C-3-G (Downtown General Commercial) District and 320-S, 200-S, 150-S Height and Bulk Districts.

                Preliminary Recommendation: Adopt the draft resolution

                (Continued from Regular Meeting of October 21, 2004)

          18e. 2003.0262E!KXCVMRTZ (M. LI: (415) 558-6396)

                1401-1435 MARKET STREET - southwest corner at 10th Street; Lot 039 in Assessor's Block 3507 within the C-3-G (Downtown General Commercial) District and 320-S, 200-S, 150-S Height and Bulk Districts - Request for a General Plan amendment related to the proposed establishment of the Tenth and Market Streets Special Use District. The General Plan amendment consists of adding the Tenth and Market Streets Special Use District to Map 1 ("Downtown Land Use and Density Plan") of the Downtown Area Plan and adding Policy 2 to Objective 6 of the Downtown Area Plan. The property is currently within a C-3-G (Downtown General Commercial) District and 320-S, 200-S, 150-S Height and Bulk Districts.

                Preliminary Recommendation: Adopt the draft resolution

                (Continued from Regular Meeting of October 21, 2004)

          18f. 2003.0262E!KXCVMRTZ (M. LI: (415) 558-6396)

                1401-1435 MARKET STREET, southwest corner at 10th Street; Lot 039 in Assessor's Block 3507- Request for a Section 309 Determination of Compliance and Request for Exceptions. The proposal is the construction of two residential buildings containing a total of up to 450 dwelling units. The project requires separation of towers, rear yard, loading, wind, and bulk exceptions pursuant to Section 309(a). The property is currently within a C-3-G (Downtown General Commercial) District and 320-S, 200-S, 150-S Height and Bulk Districts.

                Preliminary Recommendation: Approve with conditions

          18g. 2003.0262E!KXCVMRTZ (M. LI: (415) 558-6396)

                1401-1435 MARKET STREET, southwest corner at 10th Street; Lot 039 in Assessor's Block 3507 - Request for conditional use authorization to (1) provide residential parking for the 10th Street Building exceeding an amount classified as accessory (220 residential spaces are requested where 93 independently accessible spaces would be allowed as-of-right), (2) allow additional FAR above the base FAR of 6.0 to 1 and up to a maximum FAR of 9.0 to 1 for the construction of affordable dwelling units, and (3) exceed the residential density ratio of one unit for every 125 square feet of lot area as part of a proposal to construct two residential buildings containing a total of up to 450 dwelling units. The property is currently within a C-3-G (Downtown General Commercial) District and 320-S, 200-S, 150-S Height and Bulk Districts.

                Preliminary Recommendation: Approve with Conditions

          18h. 2003.0262E!KXCVMRTZ (M. LI: (415) 558-6396)

                1401-1435 MARKET STREET, southwest corner at 10th Street; Lot 039 in Assessor's Block 3507 within a C-3-G (Downtown General Commercial) District and 320-S, 200-S, 150-S Height and Bulk Districts - Permitted obstructions variance sought. The proposal is the construction of two residential buildings containing a total of up to 450 dwelling units. Section 136(c)(19) of the Planning Code allows fences and windscreens not exceeding a height of 10 feet above grade within the required rear yard. The proposed residential buildings will include a fence/windscreen exceeding a height of 10 feet within the required rear yard. The variance will be considered by the Zoning Administrator.

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:

NOTICE:

The Planning Commission will hold a public hearing on Thursday, November 18, 2004 to discuss possible amendments to their rules and regulations. One of the items for discussion is amending the order of business to consider moving public comment to another area of the calendar.

Last updated: 11/17/2009 9:59:51 PM