December 9, 2004SAN FRANCISCO
PLANNING COMMISSION
Notice of Meeting
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, December 9, 2004
1:30 PM
Regular Meeting
President: Shelley Bradford Bell
Vice-President: Sue Lee
Commissioners: Michael J. Antonini; Dwight Alexander; 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. 2004.1169C (C. NIKITAS: (415) 558-6306)
1251 THOMAS AVENUE - west side between Ingalls and Hawes Streets, Lot 030, in Assessor's Block 4807 - Request for Conditional Use authorization to operate a fenced vehicle storage yard and towing business as defined in Sections 223(t) & (u), pursuant to Section 249.15(b)(2), located on a site in an M-1 (Light Industrial) zoning district and the Restricted Light Industrial Special Use District and a 40-X height and bulk district.
Preliminary Recommendation: Pending
(Proposed for Continuance to January 6, 2004)
B. COMMISSIONERS' QUESTIONS AND MATTERS
C. DIRECTOR'S REPORT
D. GENERAL PUBLIC COMMENT - 15 MINUTES
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. Each member of the public may address the Commission for up to three minutes.
E. 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.
F. CONSIDERATION OF FINDINGS AND FINAL ACTION - PUBLIC HEARING CLOSED
5a. 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 November 18, 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 remained open.
NOTE: On September 23, 2004, without a hearing, the item was continued to October 28, 2004.
NOTE: On October 28, 2004, without a hearing, the item was continued to November 18, 2004.
NOTE: On November 18, 2004, the Commission entertained a motion of intent to disapprove by a vote +6-0. Commissioner William Lee was absent. Final Language: December 9, 2004.
5b. 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 November 18, 2004)
NOTE: The Acting Zoning Administrator continued this item to September 23, 2004. Public comment remained open.
NOTE: On September 23, 2004, without a hearing, the item was continued to October 28, 2004.
NOTE: On October 28, 2004, without a hearing, the item was continued to November 18, 2004.
NOTE: On November 18, 2004, the Zoning Administrator closed the Public Hearing with an intent to disapprove the Variance. Final Language: December 9, 2004.
6. 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
(Continued from Regular Meeting November 18, 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 remained open.
NOTE: On September 23, 2004, without a hearing, the item was continued to October 28, 2004.
NOTE: On October 28, 2004, without a hearing, the item was continued to November 18, 2004.
NOTE: On November 18, 2004, the Commission entertained a motion of intent to disapprove by a vote +6-0. Commissioner William Lee was absent. Final Language December 9, 2004.
G. REGULAR CALENDAR
19b. 2003.0145CVE (K. AMDUR: (415) 558- 6351)
430 EDDY STREET - north side between Hyde and Leavenworth Streets, Lot 008, in Assessor's Block 0334 - Request for a Conditional Use authorization for a building exceeding 40 feet in height, to construct a 5-story, approximately 47-foot tall building, with 24 senior affordable housing units and one parking space on the subject lot, currently used as a parking lot. Conditional Use authorization is required in this District for a building exceeding 40 feet in height. Requests for variances from rear yard and dwelling unit exposure requirements will be considered concurrently by the Zoning Administrator. The property is located in an RC-4 Zoning District, the North of Market Residential Special Use District #2, and an 80-T Bulk District.
Preliminary Recommendation: Approval with Conditions
19c. 2003.0145CV (K. AMDUR: (415) 558- 6351)
430 EDDY STREET - north side between Hyde and Leavenworth Streets, Lot 028, in Assessor's Block 0334 - Request for Variances from rear yard and dwelling unit exposure requirements for a new 5-story, approximately 47 foot-tall building with 24 senior affordable housing units and one parking space on the subject lot, which is currently used as a parking lot. The property is located in an RC-4 Zoning District, the North of Market Residential Special Use District #2, and an 80-T Bulk District.
20. 2004.0925C (M. LI: (415) 558-6396)
431 COLUMBUS AVENUE - west side between Green and Vallejo Streets, Lot 026 in Assessor's Block 0131 - Request for conditional use authorization to add a full bar (Type 47 ABC license) to an existing full-service restaurant (d.b.a. "Panta Rei"). No expansion of the building or the existing commercial space and no extension of the hours of operation, are proposed. The site is within the North Beach Neighborhood Commercial District and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
21a. 2001.0249EKCV (K. AMDUR: (415) 558-6351)
605 KEARNY STREET - west side between Sacramento and Commercial Streets, Lot 007 in Assessor's Block 0226 - Determination of Compliance under the California Environmental Quality Act, as described in the Final Mitigated Negative Declaration for the addition of one four-story residential unit to an existing 2-story commercial building. Conditional Use authorization is required for the construction of a building greater than 35 feet tall in this zoning district. Both parking and a rear yard/site coverage variances would be required and will be considered concurrently by the Zoning Administrator. Required open space would be provided on a rooftop terrace. The site is in the Chinatown Community Business (CCB) Zoning District and a 50-N Height and Bulk District.
Preliminary Recommendation: Adopt the CEQA Findings
(Continued from Regular Meeting of November 18, 2004)
21b. 2001.0249EKCV (K. AMDUR: (415) 558-6351)
605 KEARNY STREET - west side between Sacramento and Commercial Streets, Lot 007 in Assessor's Block 0226 - Request for a Conditional Use authorization for a building exceeding 35 feet in height. The proposal is to add one four-story dwelling unit to an existing one-story commercial building on a small, approximately 700 square foot, 29.5-foot deep lot. The commercial unit on the ground floor would remain. The building would be 50 feet in height with the proposed addition. The addition, like the existing commercial building, would cover the entire small site. No parking would be provided. Both parking and a rear yard/site coverage variances would be required and will be considered concurrently by the Zoning Administrator. Required open space would be provided on a rooftop terrace. The site is in the Chinatown Community Business (CCB) Zoning District and a 50-N Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of November 18, 2004)
21c. 2001.0249EKCV (K. AMDUR: (415) 558-6351)
605 KEARNY STREET - west side between Sacramento and Commercial Streets, Lot 7 in Assessor's Block 226 - Request for a Variances for rear yard/site coverage and parking for a building. The proposal is to add one four-story dwelling unit to an existing one-story commercial building on a small, approximately 700 square foot, 29.5-foot deep lot. The commercial unit on the ground floor would remain. The addition, like the existing commercial building, would entirely cover the small lot, where 75% maximum site coverage is permitted as of right. No parking is proposed, where one new space is required. The site is in the Chinatown Community Business (CCB) Zoning District and a 50-N Height and Bulk District.
(Continued from Regular Meeting of November 18, 2004)
22a. 2003.1162EC (J. MILLER: (415) 558-6344)
2351 POWELL STREET - west side between North Point and Bay Streets, with additional frontage on Stockton and Mason Streets, all of Assessor's Block 31 (Lots 1, 3 and 4) within a C-2 (Community Business) District and a 40-X Height and Bulk District, and all of Assessor's Block 32 (Lots 1 and 2) and Lot 3 in Assessor's Block 33, within an RM-3 (Mixed Residential, Medium Density) District and a 40-X Height and Bulk District, and all within the Northern Waterfront Special Use District No. 2 - Determination of Compliance under the California Environmental Quality Act, as described in the Final Mitigated Negative Declaration for modification of an existing Planned Unit Development to permit the conversion of approximately 75,000 gross square feet of vacant office space to approximately 72 dwelling units.
Preliminary Recommendation: Adopt CEQA Findings
22b. 2003.1162EC (J. MILLER: (415) 558-6344)
2351 POWELL STREET - west side between North Point and Bay Streets, with additional frontage on Stockton and Mason Streets, all of Assessor's Block 31 (Lots 1, 3 and 4) within a C-2 (Community Business) District and a 40-X Height and Bulk District, and all of Assessor's Block 32 (Lots 1 and 2) and Lot 3 in Assessor's Block 33, within an RM-3 Mixed Residential, Medium Density) District and a 40-X Height and Bulk District, and all within the Northern Waterfront Special Use District No. 2 - Request for authorization of a Conditional Use for modification of a Planned Unit Development to convert approximately 75,000 square feet of existing office space to approximately 74 dwelling units, requiring an exception to otherwise-applicable Planning Code standards for usable open space. Code requirements for parking are met under existing conditions. Part of the site is in a C-2 (Community Business) District and part within an RM-3 (Mixed Residential, Medium Density) District, and all subject lots are within a 40-X Height and Bulk District and the Northern Waterfront Special Use District No. 2.
Preliminary Recommendation: Approval with Conditions
23a. 2004.1047XC (A. LIGHT: (415) 558-6254)
72 ELLIS STREET - north side between Powell and Stockton Streets, Lot 011, in Assessor's Block 0327 - Request to amend the conditions of approval on a Determination of Compliance, to extend the performance period for an additional three years for a previously approved project, requiring Determinations of Compliance and Exceptions under Planning Code Section 309, including a height exception in the 80-130-F Height and Bulk district, a bulk exception, and a height exception for a vertical extension to allow construction of an 11-story, 125-foot tall hotel containing approximately 156 rooms, lobby, small accessory meeting rooms, and a restaurant on a site currently used as a surface parking lot, located in a C-3-R (Downtown, Retail) zoning district, an 80-130-F height and bulk district, and the Kearny-Market-Mason-Sutter Conservation District.
Preliminary Recommendation: Approval with Conditions
23b. 2004.1047XC (A. LIGHT: (415) 558-6254)
72 ELLIS STREET - north side between Powell and Stockton Streets, Lot 011, in Assessor's Block 0327 - Request to amend the conditions of approval on a Conditional Use authorization, to extend the performance period for an additional three years for a previously approved project, requiring Conditional Use authorization to allow construction of an 11-story, 125-foot tall hotel containing approximately 156 rooms, lobby, small accessory meeting rooms, and a restaurant on a site currently used as a surface parking lot, located in a C-3-R (Downtown, Retail) zoning district, an 80-130-F height and bulk district, and the Kearny-Market-Mason-Sutter Conservation District.
Preliminary Recommendation: Approval with Conditions
24. 2003.0807CEK (G. NELSON: (415) 558-6257)
606-624 DIVISADERO STREET AND 1278 HAYES STREET - northeast corner of Divisadero and Hayes Streets; Lot 002J in Assessor's Block 1202 - Request for Conditional Use authorization pursuant to Sections 711.11, 711.56, and 303 of the Planning Code to construct two mixed-use buildings on Divisadero Street and one all-residential building on Hayes Street after the demolition of an approximately 12,000 gross-square-foot (gsf) assembly building (currently a vacant Church and before that the Harding Theater). The entire project would include 18 dwelling units, 18 off-street parking spaces, and approximately 5,000 gsf of commercial space (considered "Other Retail" per Section 790.102 of the Code) in three buildings that would each be four stories, approximately 46 feet in height. Conditional Use authorization is required to 1) develop a lot greater than 9,999 square feet, and 2) combine all 18 sub-grade parking spaces on one lot (fronting Hayes Street). The L-shaped lot would be split into three smaller lots, two fronting on Divisadero Street, each containing a mixed-use structure, and one lot fronting onto Hayes Street containing a residential structure. The project site is zoned NC-2 (Small-Scale Neighborhood Commercial) and is within a 65-A height and bulk district.
Preliminary Recommendation: Approval with Conditions
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:
NOTICE OF PUBLIC HEARING
NextG Networks of California, Inc. (NextG) Settlement and Public Rights-of-Way Use Agreement
The Planning Commission will hold a public hearing during its regularly scheduled meeting of January 13, 2005 to consider an application by NextG Networks of California Inc. for a General Plan referral and report to the Board of Supervisors. The referral and report is pursuant to Charter Section 4.105 and Section 2A.53 of the San Francisco Administrative Code.
NextG has requested to install a fiber-based telecommunications network serving wireless carrier (telephone, pager, etc.) customers. This network will include installation of microcellular optical repeater equipment (pole style and panel antennas).
The antennas and equipment may vary in type and size depending on a number of factors, and may be installed at up to 300 locations in public rights-of-way throughout the City and County of San Francisco. These sites are not as yet determined; NextG of California would install the antennas and related equipment on third party utility and light poles in public rights-of-way, but not on private property.
Planning Department staff will recommend guidelines for siting antennas, based on consideration of Wireless Telecommunications Services (WTS) Facilities Siting Guidelines, as well as considering environmental, urban design, historic resource, open space and visual resource and other factors.
Preliminary Recommendation: Pending
Please call 558-6422 Monday, January 10, 2005 or thereafter for a recorded message giving a more precise hour of when the hearing of this specific matter will begin in City Hall, 1 Dr. Carlton B. Goodleff Place, Room 400.
A Staff Report will be available on December 30, 2004. For further information, call Stephen Shotland at (415) 558-6308, and ask about Case No. 2004.0605R.
