November 4, 2004SAN FRANCISCO
PLANNING COMMISSION
Notice of Meeting
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett
Place
Thursday, November 4, 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
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. 2004.0649C (E. TOPE: (415) 558-6316)
601-605 BAKER STREET - northeast corner of
Baker and Fulton Streets, Lot 010 in Assessor's Block 1177 - Request
for Conditional Use Authorization pursuant to Planning Code Sections
182(b)(1) and 710.44 to allow a change of use from retail (formerly
"Baker's Market") to a Small Self-Service Restaurant ("Green
Chili Kitchen") in one of two commercial spaces (classified as
Limited Commercial Uses) on the ground floor of a mixed use building
in an RM-1 (Residential, Mixed District, Low Density) and a 40-X Height
and Bulk District. The other space is proposed to remain in retail use.
2. 2004.0666DD (S. SNYDER: (415) 558-6543)
37 POWERS STREET - north side between Coleridge
and Mission Streets; lot 6 in Assessor's Block 5518 - Neighbor-initiated
Discretionary Review of Building Permit Application No. 2004.04.05.0592,
proposing to construct vertical and horizontal additions to a single-family
dwelling in an RH-2 (House, Two-family) District and a 40-X Height and
Bulk District, and the Bernal Heights Special Use District.
Preliminary Recommendation: Pending
(Continued from Regular Meeting of October 7, 2004)
3. 2004.0393C (G. CABREROS (415) 558-6169)
2443-2445 CLEMENT STREET - south side
between 25th and 26th Avenues; Lots 035 and 036 in Assessor's Block
1457 - Request for Conditional Use Authorization under Planning
Code Section 717.11 to allow development of a lot greater than 5,000
square feet in area in the Outer Clement Street Neighborhood Commercial
District and a 40-X Height and Bulk District. The project proposes demolition
of three non-residential structures and new construction of a 40-foot
tall, four-story, mixed-used building with one ground-floor commercial
space and nine residential units.
Preliminary Recommendation: Pending
(Continued from Regular Meeting of September 2,
2004)
(Proposed for Continuance to January 6, 2005)
4. 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 September 23,
2004)
(Proposed for Continuance to January 20, 2005)
5. (P. LORD: (415) 558-6311)
NORTH BEACH FORMULA RETAIL PROHIBITION -
Consideration of an Ordinance amending Planning Code Section 707.3
to prohibit formula retail uses in the North Beach Neighborhood Commercial
District; and making findings of consistency with the priority policies
of Planning Code Section 101.1 and the General Plan.
(Continued from Regular Meeting of October 21, 2004)
(Proposed for Indefinite Continuance)
6. 2004.1033Z (P. LORD: (415) 558-6311)
ASSESSOR'S BLOCK 0185 REZONING - Consideration
of an Ordinance amending the San Francisco Planning Code by amending
the Zoning Map of the City and County of San Francisco, Section
Map 2, to change the use district designation of Assessor's Block 0185,
Lots, 005, 029, 030, 031, 032, 033, 036, 037, 038, 039, 040, 041, 043,
and 048 (mid-block South side of Pacific Street between Hyde Street
and Larkin Street) from NC-2 (Small-Scale Neighborhood Commercial District)
and RH-1 (Residential: One Family) to RM-1 (Residential, Mixed: Low
Density, making finding pursuant to Section 302 and, making findings
of consistency with the priority policies of Planning Code Section 101.1
and the General Plan.
(Proposed for Indefinite Continuance)
7. 2004.0781T (P. LORD: (415) 558-6311)
ELEVATOR PENTHOUSE HEIGHT EXEMPTION INCREASE
- Consideration of an a Ordinance amending Planning Code Section
260 to provide for an increase in the height exemption for elevator
penthouses from 10 feet to 16 feet; and making findings of consistency
with the priority policies of Planning Code Section 101.1 and the General
Plan.
Preliminary Recommendation: Pending
(From Regular Meeting of October 21, 2004)
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
91 MIGUEL STREET - north side between Fairmont and Beacon Streets. Assessor's
Block 6665 Lot 023C - Request for Discretionary Review of Building Permit
Application No. 2004 0128 5045, to construct a new two family dwelling,
three stories in height 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.
NOTE: On October 21, 2004, the Commission closed the public hearing and continued the item to November 4, 2004 to allow absent Commissioner the ability to participate in the final action. Commissioner Sue Lee was absent.
F. REGULAR CALENDAR
13. 2000.1081E (J. KUGLER: (415) 558-5983)
RINCON HILL PLAN - Public Hearing on Draft Environmental Impact Report. The proposed project is a revised Rincon Hill Plan (an Area Plan of the San Francisco General Plan) and revised planning controls for the Rincon Hill area. The San Francisco Planning Department proposes to replace the Planning Code's existing Rincon Hill Special Use District (SUD), as set out in Planning Code Section 249.1, with a new Rincon Hill Downtown Residential Mixed Use District (DTR), which would increase height limits, revise the "R" bulk district, amend the Rincon Hill Area Plan, and make other General Plan and zoning changes intended to stimulate additional high-density, residential development in the Rincon Hill area. Improvements to the streetscape, transportation system and open space would result from implementation of the new Plan. Rincon Hill is in the northeast section of San Francisco, south of the Financial District and Transbay Terminal, and north of the South Beach neighborhood. The project area is bounded generally by Folsom Street, Steuart Street, The Embarcadero, Bryant Street, the Bay Bridge approach and the Transbay Terminal ramps and encompasses about 12 city blocks.
Preliminary Recommendation: Hold Public Hearing. No action required.
NOTE: Written comments will be received at the Planning Department until 5:00 p.m. on November 10, 2004.
14. 2003.0109E (L. KIENKER: (415) 558-5970)
988 HOWARD STREET - AKA PLAZA APARTMENTS - northeast corner of Howard and Sixth Streets on Assessors Block 3725, Lot 025 - Substitution of Mitigation Measures and amendment of Final Mitigated Negative Declaration. The approved project, now under construction, is the demolition of two-story 37-room single-resident occupancy (SRO) hotel, retail, and performing arts space and construction of an approximately 68,400 gsf, 9-story, structure containing 106 SRO units, with 700 gross square feet (gsf) of second-story social service space, 2,100 gsf of ground level retail space, and 4,200 gsf of performing arts space. The site is located in the South of Market Redevelopment Plan Area, SOMA Earthquake Recovery Special Use District, RSD (Residential / Service) Mixed-Use Zoning District and 85-X height and bulk district.
Preliminary Recommendation: Approve finding of no significant impact with substitution of wind and archeology mitigation measures and amendment of Final Mitigated Negative Declaration.
15. 2004.0781T (P. LORD: (415) 558-6311)
ELEVATOR PENTHOUSE HEIGHT EXEMPTION INCREASE - Consideration
of an a Ordinance amending Planning Code Section 260 to provide
for an increase in the height exemption for elevator penthouses from
10 feet to 16 feet; and making findings of consistency with the priority
policies of Planning Code Section 101.1 and the General Plan.
Preliminary Recommendation: Approval with Recommendations
(Continued from Regular Meeting of October 21, 2004)
16. 2004.0660C (R. CRAWFORD: (415) 558-6358)
55 FARALLONES STREET - south side between Plymouth and San Jose
Avenues, Assessor's Block 7108 Lot 054 (St. Michael's Church & School).
Request for Conditional Use authorization under, Planning Code
Section 209.3.j, to expand an Adult Day Care facility, as part of the
existing religious institutional use, up to 35 adults. The project will
construct add 960 square feet to an existing 2,160 square foot modular
building currently used for adult day care purposes in an RH-1,Residential
House, One Family, and RH-2, Residential House, Two Family District
and within the 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
17. 2004.0831C (D. DIBARTOLO: 415) 558-6291)
532-536 GREEN STREET - north side between Stockton Street and
Grant Avenue; Lot 015 in Assessor's Block 0116 - Request for Conditional
Use authorization to establish, pursuant to Planning Code Section
722.44, a small self-service restaurant ("Tom's Sausage & BBQ").
The restaurant would be less than 1,000 square feet in size, and would
occupy an existing ground-floor vacant commercial space within the three
story mixed-use structure. No expansion of the building is proposed.
The site is in the North Beach Neighborhood Commercial District (NCD)
and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
18. 2004.0915C (D. SIDER: (415) 558-6697)
1598 DOLORES STREET - northwest corner of 29th Street;
Lots 40 through 52, inclusive, in Assessor's Block 6618 - Request
for Conditional Use authorization to modify conditions of approval
set forth in Planning Commission Motion Number 16445 as modified by
Board of Supervisors Motion Number M02-163 and relating to Planning
Department Case Number 2000.1058C 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 16350. In September of 2002, the City authorized construction
of two 4-story buildings on the subject property containing a total
of 13 units and up to 26 independently accessible off-street parking
spaces; both buildings are now complete. Conditions of approval require
one of the proposed units to be provided as a Below Market Rate (BMR)
unit. 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 required BMR unit on-site. No physical work
is proposed. The property is within an NC-1 (Neighborhood Commercial
Cluster) Zoning District and a 40-X Height and Bulk District.
Preliminary Recommendation: Disapproval
(Continued from Regular Meeting of October 21, 2004)
19. 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 186.1(b) and 186.2(a). 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.
(Continued from Regular Meeting of October 28, 2004)
20a. 2004.0234CV (J. PURVIS: (415) 558-6354)
2917-2919 24TH STREET - south side between Florida and Alabama Streets; Lot 015 in Assessor's Block 426 - Request for Conditional Use Authorization under Planning Code Section 161(j) to add five dwelling units (including one pre-existing unit to be restored) to a commercial building without providing off-street parking. Two units would be converted from existing office/warehouse space on the second floor, and the other three units would be provided through a vertical addition, adding a third floor plus mezzanine above the existing two-story building with a six- and ten-foot setback from the existing front building wall. A Rear Yard Modification and a Dwelling Unit Exposre Variance wil be heard by the Zoning Administrator immediately following the hearing on the Conditional Use. The site is within the 24th Street-Mission Neighborhood Commercial Use District, and a 40-X Height and Bulk District.
Preliminary Recommendation: Approve with conditions
20b. 2004.0234CV (J. PURVIS: (415) 558-6354)
2917-2919 24TH STREET - south side between Florida and Alabama Streets; Lot 015 in Assessor's Block 426 - Request for Rear Yard Modification under Section 134(e) to provide rear yard open space for five dwelling units within front and rear setbacks and for Dwelling Unit Exposure Variance under Section 140. The Zoning Administrator will hear the Rear Yard Modification and Exposure Variance at the time the Planning Commission hears the Conditional Use. The site is within the 24th Street-Mission Neighborhood Commercial Use District, and a 40-X Height and Bulk District.
(Continued from Regular Meeting of September 23, 2004)
21a. 2004.0356D (J. PURVIS: (415) 558-6354)
477 HARKNESS AVENUE - south side east of Delta Street; Lot 047 in Assessor's Block 6178 - Mandatory Discretionary Review, under Planning Commission policy requiring review of all housing demolition permits, of Demolition Permit Application No. 2003.11.19.0549 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 the demolition.
21b. 2004.0357D (J. PURVIS: (415) 558-6354)
477 HARKNESS AVENUE - south side east of Delta Street; Lot 047 in Assessor's Block 6178 - Mandatory Discretionary Review, under Planning Commission policy requiring review of all replacement structures following residential demolition, of Building Permit Application No. 2003.11.19.0552 proposing the construction of a 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 DR and approve the project.
21c. 2004.0358D (J. PURVIS: (415) 558-6354)
477 HARKNESS AVENUE - south side east of Delta Street; Lot 047 in Assessor's Block 6178 - Mandatory Discretionary Review, under Planning Commission policy requiring review of all replacement structures following residential demolition, of Building Permit Application No. 2003.11.19.0551 proposing the construction of a 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 DR and approve the project.
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.
