September 15, 2005

SAN FRANCISCO
PLANNING COMMISSION
Notice of Meeting
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, September 15, 2005
1:30 PM
Regular Meeting

President: Sue Lee
Vice-President: Dwight S. Alexander
Commissioners: Michael J. Antonini; Shelley Bradford Bell; 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.

View the meeting online at: http://www.sfgov.org/site/sfgtv_index.asp
Or
View the broadcast on Fridays at 8:00 P.M.

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 Adele Destro, Interim 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 sotf@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: Sue Lee

Commission Vice-President: Dwight S. Alexander

Commissioners: Michael J. Antonini; Shelley Bradford Bell; 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. 2000.1164E (P. MALTZER: (415) 558-5977)

1880-1886 MISSION STREET - Certification of Final Environmental Impact Report. The project site on Assessor’s Block 3547, on Lots 2A, 3, 4, and 29 is approximately 51,888 square feet in size and contains two existing buildings containing warehouse use and printing plant with offices. The project site is located at 1880-1886 Mission Street at 15^th Street (northwest corner) bordered by 14^th Street to the north, Mission Street to the east, 15^th Street to the south and Julian Street to the west, within the Mission District neighborhood. The project site is located in a Heavy Commercial (C-M) zoning district, within a 65-B/50-X Height and Bulk district, as well as the Mission District Interim Controls district. The proposal is to demolish the two existing buildings and construct one seven-story plus basement building containing 194 dwelling units, including 39 affordable units, and 8,536 square feet (sf) of retail space. The basement and ground floor levels would contain 181 parking spaces with ingress and egress from 15^th Street. The proposed project would require conditional use authorization by the Planning Commission pursuant to San Francisco Planning Code Section 303.

(Proposed for Continuance to October 6, 2005)

2a. 2000.1164E (P. MALTZER: (415) 558-5977)

1880-1886 Mission Street - Adoption of CEQA Findings. The project site on Assessor’s Block 3547, on Lots 2A, 3, 4, and 29 is approximately 51,888 square feet in size and contains two existing buildings containing warehouse use and printing plant with offices. The project site is located at 1880-1886 Mission Street at 15^th Street (northwest corner) bordered by 14th Street to the north, Mission Street to the east, 15^th Street to the south and Julian Street to the west, within the Mission District neighborhood. The project site is located in a Heavy Commercial (C-M) zoning district, within a 65-B/50-X Height and Bulk district, as well as the Mission District Interim Controls district. The proposal is to demolish the two existing buildings and construct one seven-story plus basement building containing 194 dwelling units, including 39 affordable units, and 8,536 square feet (sf) of retail space. The basement and ground floor levels would contain 181 parking spaces with ingress and egress from 15^th Street. The proposed project would require conditional use authorization by the Planning Commission pursuant to San Francisco Planning Code Section 303.

(Proposed for Continuance to October 6, 2005)

2b. 2003.0758C (J. PURVIS: (415) 558-6354)

1880-1886 MISSION STREET - west side between 14^th and 15^th Streets; Lots 2A, 3, 4, and 29 in Assessor’s Block 3547 - Request for Conditional Use authorization under Planning Code Sections 215, 271, 303, and 304 for a Planned Unit Development (PUD) exceeding bulk limits, and to allow construction of up to 194 dwelling units, 8,536 square feet of retail commercial space and up to 181 independently accessible off-street parking spaces, following the demolition of two light industrial buildings on the site. Exceptions are requested from bulk, rear yard, off-street parking and dwelling unit exposure requirements of the Planning Code. The site is within a C-M (Heavy Commercial) Land Use District, and a 50-X and 65-B Height and Bulk District.

Preliminary Recommendation: Approve with Conditions

(Proposed for Continuance to October 6, 2005)

3. 2004.0196D (R. CRAWFORD: (415) 558-6358)

101 POPPY LANE - north side past Diamond Street. Assessor's Block 6713 Lot 056 - Request for Discretionary Review of Building Permit Application No.2004 0915 4254 to construct new three story, single family dwelling on a vacant interior lot, in an RH-1 (Residential House, One Family) District, and a 40-X Height and Bulk district.

Preliminary Recommendation: Take Discretionary Review and modify the project.

(Continued from Regular Meeting of July 14, 2005)

(Proposed for Continuance to October 20, 2005)

4. 2005.0264DD (i. wilson : (415) 558-6163)

680 27^TH AVENUE - east side between Anza and Balboa Streets, Lot 020 in Assessor’s Block 1569 - Requests for Discretionary Review of Building Permit Application No. 2003.07.08.8328, proposing to construct a 25-foot wide by 20-foot deep, three-story addition and a 17-foot wide by 12-foot deep deck (approximately five feet high) at the rear of the existing house, located in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Pending

(Proposed for Continuance to September 15, 2005)

DISCRETIONARY REVIEW requeSts WITHDRAWN

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

8. Department’s Work Program and Budget – Status Report

D. GENERAL PUBLIC COMMENT – 15 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

9. 2005.0185D (M. WOODS: (415) 558-6315)

1865 CLAY STREET - south side between Franklin Street and Van Ness Avenue; Lot 008 in Assessor’s Block 0623 - Mandatory Discretionary Review, under the Planning Commission’s policy requiring review of dwelling unit mergers, of Building Permit Application No. 2004.11.17.9505S, proposing to convert the building’s authorized use from eight dwelling units to six dwelling units in an RM-3 (Residential, Mixed, Medium Density) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve the project with modifications, specifically, maintaining the ground floor two-bedroom unit and eliminating the second floor studio/guest room unit.

(Continued from Regular Meeting of July 14, 2005)

NOTE: On July 14, 2005, following public testimony, the Commission closed public hearing and entertained a motion to take Discretionary Review and allow conversion of the guest room to an occupiable legal dwelling. With a vote of +3 –3, the motion failed. Continued to September 15, 2005 by a vote +6 –0. Commissioner Bradford-Bell was absent.

G. CONSENT CALENDAR

All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and will be acted upon by a single roll call vote of the Commission. There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing.

10a. 2004.0920EXV (J. MILLER: (415) 558-6344)

973 MARKET STREET - south side between Fifth and Sixth Streets, through to Stevenson Street, Lot 69 in Assessor's Block 3704, - Review Under Planning Code Section 309 and request for Exceptions, pursuant to a building permit application to convert a vacant commercial building to approximately 67 dwelling units. The ground floor and mezzanine level will retain their retail use. No exterior modifications to the Market Street facade are proposed as part of this permit. The project requires an Exception to the Code standards for rear-yard area, and will be the subject of a concurrent Variance Hearing before the Zoning Administrator. The site is in a C-3-G (Downtown General Commercial) District and a 120-X Height and Bulk District.

Preliminary recommendation: Approval with conditions

10b. 2004.0920EXV (J. MILLER: (415) 558-6344)

973 MARKET STREET - south side between Fifth and Sixth Streets, through to Stevenson Street, Lot 69 in Assessor's Block 3704 - Request for Variances of the Planning Code standards for dwelling-unit exposure and off-street parking in conjunction with the review of the conversion of a vacant commercial building to approximately 67 dwelling units. The project would provide no off-street parking in the existing historic building, where 17 spaces would be required. Thirty-six of the dwelling units would face a large new interior light court that does not meet dimensional requirements of Section 140. The site is in a C-3-G (Downtown General Commercial) District and a 120-X Height and Bulk District

H. REGULAR CALENDAR

11. 2003.0169ECV (M. SNYDER: (415) 575-6891)

385-399 FREMONT STREET - Information Presentation on proposed project design. The proposed project is a 250-foot-tall, 25-story residential building of approximately 370,000 gross square feet (gsf) consisting of 195 dwelling units and about 195 underground parking spaces. The project site is located at the northeast corner of Harrison and Fremont Street in the block bounded by Folsom, Fremont, Harrison, and Beale Streets. Vehicular access to the parking garage would be from Fremont Street on the northern side of the building. Pedestrian access would be from a lobby facing Fremont Street. The site is subject to the Rincon Hill SUD RC-4 (Residential/Commercial High-Density) district controls, and a 250-R height/bulk district. This site is within the newly adopted Rincon Hill Downtown Residential (DTR) District, and within an 85/400-R height and bulk district.

12. 2002.0449E (T. Chan: (415) 558-5982)

375 Fremont Street - Certification of a Final Environmental Impact Report. Subsequent to the publication of the Draft EIR, the project sponsor identified a new preferred alternative similar to Alternative B presented in the Draft EIR. The preferred project, called Alternative D, is a 250-foot-tall, 28-story residential building of approximately 349,071 gross square feet (gsf) consisting of 225 dwelling units and about 217 underground parking spaces. One existing two-story building on the site which totals approximately 46,500 gross square feet would be demolished. The 375 Fremont Street Hill Building, constructed in 1929, is a listed in four local surveys containing buildings that could be considered historic resources. The project site is located about mid-block on the eastern side of Fremont Street in the block bounded by Folsom, Fremont, Harrison, and Beale Streets. Vehicular access to the parking garage would be from Fremont Street on the northern side of the building. Pedestrian access would be from a lobby facing Fremont Street. The site is within the RC-4 (Residential/Commercial High-Density) district, and a 250-R height/bulk district. This site is within the newly adopted Rincon Hill Downtown Residential (DTR) District, which is awaiting final adoption by the Board of Supervisors. Should the Board of Supervisor adopt the propose Rincon Hill DTR, the proposed project would be in the new 85/400-R height and bulk district.

Preliminary Recommendation: Certify the Final Environmental Impact Report. Note: The public review period for the Draft Environmental Impact Report ended at 5:00 pm, January 6, 2005. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission during the Public Comment portion of the Commission calendar.

(Continued from Regular Meeting of September 1, 2005)

13. 2002.0449C (M. Snyder: (415) 575-6891)

375 Fremont Street - east side between Folsom Street and Harrison Street, Lot 006 in Assessor’s Block 3747 - Request for Conditional Use authorization to allow for the construction of a residential project that would include approximately 225 dwelling units, 217 non-independently off-street parking spaces, two off-street loading spaces, in a structure that would be 250-feet tall and 28-stories. Conditional Use is required pursuant to Planning Code Section 253 for the construction of a structure greater than 40-feet in a Residential District, and pursuant to Planning Code Section 249.1(b)(1)(B) for the construction of a project that would have full lot coverage on a sloping lot in the Rincon Hill Special Use District. The project is being considered under the Planning Code Section 249.1, the Rincon Hill Special Use District, rather than the recently adopted new zoning controls for the Rincon Hill area as outlined in Planning Code Sections 827 and 309.1. Planning Code Section 175.7 allows the subject lot to pursue entitlements under the zoning controls in effect prior to the adoption of the zoning amendments implementing the Rincon Hill DTR District. Under the previous controls, the subject lot was in an RC-4 (Residential Commercial Mixed High Density) District, the Rincon Hill Special Use District, and a 250-R Height and Bulk District. Under the new adopted zoning, the project site is within the Rincon Hill DTR (Downtown Residential District), and a 400-R Height and Bulk District.

preliminary Recommendation: Approval with modifications.

14. 2005.0256T (P. Lord: (415) 558-6311)

Sacramento Street Neighborhood Commercial District Residential Conversion to Other Institution - Consideration of an Ordinance amending San Francisco Planning Code by amending Section 724.1 to allow for conversion of upper floor residential units in the Sacramento Street Neighborhood Commercial District as a conditional use, where: the new use will be an Other Institution, Educational Service use, only one dwelling unit in building will be converted, and that unit is the only non-residential use in the building, and no legally residing tenant with be displaced: 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 September 8, 2005)

15. 2004.1166C (M. WOODS: (415) 558-6315)

3220 SACRAMENTO STREET - north side between Lyon Street and Presidio Avenue; Lot 008, in Assessor’s Block 1007 - Request for Conditional Use authorization under Planning Code Sections 121.1, 121.2, 303, 724.11, 724.21, 724.38 and 724.81 to modify an existing Conditional Use authorization for a Planned Unit Development under Motion No. 13578 (for Case No. 1992.498C at 3065 Jackson Street) for the expansion of an Other Institution (Large), Educational Service use (San Francisco University High School Annex Campus) at 3220 Sacramento Street; to allow an Other Institution (Large) use on the second and third floors; to allow a non-residential use size that exceeds 2,500 square feet, and on a lot that exceeds 5,000 square feet in area. The site is within the Sacramento Street Neighborhood Commercial District (NCD) and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of September 8, 2005)

16. 2005.0527D (G. CABREROS: (415) 558-6169)

1847 SCOTT STREET - west side between Pine and Bush Streets; Lot 003 in Assessor's Block 1050 - Request for Discretionary Review of Building Permit Application No. 2003.09.17.5059, proposing to add two stories to an existing two-story, single-family residence in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the application as revised

(Continued from Regular Meeting of August 11, 2005)

17. 2005.0224D (S. VELLVE: (415) 558-6263)

1615 FULTON AVENUE - south side between Central Avenue and Lyon Street, Lot 036 in Assessor’s Block 1185 - Mandatory Discretionary Review, under the Planning Commission’s policy requiring review of dwelling unit mergers, of Building Permit Application No. 2005.02.02.4568 proposing to legalize the conversion of the building's authorized use from four dwelling units to two dwelling units in an RH-3 (House, Three-Family) District, and 40-X Height/Bulk District.

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

18. 2002.0401DV (M. Snyder: (415) 575-6891)

1740 20^TH STREET - northeast corner of 20^th Street and Wisconsin Street, lot 018 in Assessor’s Block 4069 - Request for Discretionary Review of Building Permit Application No. 2002.12.26.4213 proposing to construct a one-story vertical addition and a rear horizontal addition. The property is within an RH-2 (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.

19. 2005.0664ET (D. SIDER: (415) 558-6097)

Medical Cannabis Dispensary regulations introduced by Supervisor Mirkarimi under Board File No. 051250 - Consideration of an Ordinance amending the San Francisco Planning Code by amending Sections 209.3, 217, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 810, 811, 812, 813, 814, 815, 816, 817, and 818, and by adding Sections 790.141, and 890.131, to: define medical cannabis dispensaries; prohibit dispensaries in residential-house and residential-mixed zoning districts; permit dispensaries elsewhere subject to restrictions based on a dispensary's proximity to schools, community centers and institutions for the treatment of addictive diseases; require adequate ventilation in dispensaries; prohibit the sale or distribution of alcohol at dispensaries; require Planning Department notice to interested individuals and properties within 300 feet of proposed dispensaries; require dispensaries operating before April 1, 2005 to obtain a permit within 18 months of the effective date of this legislation or cease operation; require a notice that permits for dispensaries are not intended to and do not authorize the violation of State or Federal law; and make environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan; amending the San Francisco Health Code by adding Sections 3200 through 3220, to: set medical marijuana possession guidelines; require a permit, business license, and business registration certificate for a medical cannabis dispensary; set out the application process for a medical cannabis permit; set out operating requirements for medical cannabis dispensaries; and set out the administrative process for imposing penalties and/or permit suspension or revocation for violations; amending the San Francisco Traffic Code by amending Sections 53 and 132, to create an infraction for double parking in front of a medical cannabis dispensary and set the fine at $100; and, amending the San Francisco Business and Tax Regulations Code by amending Section 1, and by adding Sections 1.177 and 249.17, to authorize the Department of Health to issue medical cannabis dispensary permits and to set out the license fees for medical cannabis dispensaries.

20. 2005.0665ET: (D. SIDER: (415) 558-6097)

Medical Cannabis Dispensary regulations introduced by Supervisor Sandoval under Board File No. 051260 - Consideration of an Ordinance amending the San Francisco Planning Code by amending Sections 209.3, 217, 303, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 810, 811, 812, 813, 814, 815, 816, 817, and 818, and by adding Sections 790.141, and 890.131, to: define medical cannabis dispensaries; prohibit dispensaries in residential-house and residential-mixed zoning districts; permit dispensaries as conditional uses elsewhere subject to the restriction that no dispensary may be located within 1000 feet of another dispensary; provide additional conditional use criteria for evaluating proposed dispensaries relating to the proposed dispensary's proximity to schools, playgrounds, neighborhood centers, drug treatment centers, child care centers, and other medical cannabis dispensaries; allow medical cannabis dispensaries in operation prior to April 1, 2005 twelve months from the effective date of this legislation to obtain a conditional use permit or otherwise discontinue operation; prohibit dispensaries from applying for conditional use permits while they are under a notice of violation from the Planning Department or the subject of legal action by the City; require a notice on all dispensary permits that the permits are not intended to and do not authorize the violation of State or Federal law; and making environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

21. 2005.0772ET (D. SIDER: (415) 558-6097)

Medical Cannabis Dispensary regulations introduced by Supervisor Elsbernd under Board File No. 051455- Consideration of an Ordinance amending the San Francisco Planning Code by amending Sections 209.3, 217, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 810, 811, 812, 813, 814, 815, 816, 817, and 818, and by adding Sections 790.141, and 890.131, to: define medical cannabis dispensaries; prohibit dispensaries in residential-house and residential-mixed zoning districts; permit dispensaries elsewhere subject to restrictions based on a dispensary's proximity to other dispensaries, schools, community centers and institutions for the treatment of addictive diseases; require adequate ventilation in dispensaries; prohibit the sale or distribution of alcohol at dispensaries; require Planning Department notice to interested individuals and properties within 300 feet of proposed dispensaries; require dispensaries operating before April 1, 2005 to obtain a permit within 18 months of the effective date of this legislation or cease operation; require a notice that permits for dispensaries are not intended to and do not authorize the violation of State or Federal law; and make environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan; amending the San Francisco Health Code by adding Sections 3200 through 3220, to: set medical marijuana possession guidelines; require a permit, business license, and business registration certificate for a medical cannabis dispensary; set out the application process for a medical cannabis permit; limit the time period for submitting applications for medical cannabis dispensary permits; require an annual report from the Director of Public Health to the Board of Supervisors; set out operating requirements for medical cannabis dispensaries; and set out the administrative process for imposing penalties and/or permit suspension or revocation for violations; amending the San Francisco Traffic Code by amending Sections 53 and 132, to create an infraction for double parking in front of a medical cannabis dispensary and set the fine at $100; and, amending the San Francisco Business and Tax Regulations Code by amending Section 1, and by adding Sections 1.177 and 249.17, to authorize the Department of Health to issue medical cannabis dispensary permits and to set out the license fees for medical cannabis dispensaries.

22. 2004.0546CE (J. NAVARRETE: (415) 558-5975)

680 Illinois Street - Appeal of a Preliminary Mitigated Negative Declaration. On Lots 3 and 7 of Block 3994, the project would demolish two concrete warehouse/garage structures at 680 Illinois Street and 550 18th Street and construct one 50-foot tall building consisting of 35 dwelling units, 9,128 square feet of retail/commercial space, and about 35 off-street parking spaces. The project would include 74,012 square feet in five-stories, and four commercial spaces on the ground floor. The 50,966-sf residential uses would have open space provided through a second story deck. The 10,580 sf parking garage would be at the ground floor and accessed from Illinois Street. The two warehouse structures located at 680 Illinois Street (or 2075 Third Street ) and 550 18th Street are included in the Central Waterfront Cultural Resource Survey, the M-2 zoning district, and 50-X height and bulk district.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

23. 2004.0546C (B. Fu: (415) 558-6613)

680 Illinois Street - northwest corner of Illinois and 18^th Streets, Lots 003 & 007 in Assessor's Block 3994 - Request for Conditional Use authorization under Planning Code Sections 215, 303, and 304 to create a new Planned Unit Development (PUD) to allow the construction of up to 35 dwelling units, 7,000 square feet of commercial space, and 41 independently accessible off-street parking spaces within a M-2 (Heavy Industrial) District with a 50-X Height and Bulk designation, and in the Housing/Mixed Use Zone as designated by Planning Commission Resolution No. 16202. Exceptions are requested from density, off-street parking, and permitted obstructions, as mandated by the Planning Code.

Preliminary Recommendation: Approval with Conditions

24. 2005.0565C (S.YOUNG: (415) 558-6346)

2110 CLEMENT STREET - north side between 22^nd and 23^rd Avenues; Lot 009 in Assessor's Block 1411 - Request for Conditional Use authorization under Sections 717.27, 186.1(b) and 303 of the Planning Code to legalize the extension of the hours of operation of an existing nonconforming full-service restaurant (“My Favorite Cafe”) from 11 p.m. to 2 a.m. in the Outer Clement Neighborhood Commercial District (NCD) and a 40-X Height and Bulk District. No exterior modifications will be made to the existing building envelope.

Preliminary Recommendation: Disapproval

(Continued from Regular Meeting of August 11, 2005)

25a. 2005.0492CV (G. CABREROS: (415) 558-6169)

2461-2463 LOMBARD STREET - south side between Divisadero and Scott Streets in an NC-3 (Moderate-scale, Neighborhood Commercial) District and a 40-X Height and Bulk District, Lot 024 in Assessor’s Block 0937 - Request for Conditional Use authorization under Planning Code Sections 161(j) and 303 to reduce the parking requirement for the project where one off-street parking space is required. The proposal is to construct an additional dwelling unit within the ground floor of an existing two-story, one-unit cottage located at the rear of the subject lot. A three-story, two-unit building with a ground-floor commercial space exists at the front of the lot. No building expansion is proposed at either building. The project would result in a total of four dwelling units and one-commercial space at the subject lot.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of August 11, 2005)

25b. 2005.0492CV (G. CABREROS: (415) 558-6169)

2461-2463 Lombard Street - south side between Divisadero and Scott Streets, Lot 024 in Assessor's Block 0937 - Request for rear yard, open space, dwelling unit exposure and non-complying structure variances from Planning Code Sections 134, 135, 140 and 188 to construct an additional dwelling unit within the ground floor of an existing two-story, one-unit cottage at the rear of the subject lot located in an NC-3 (Moderate-scale, Neighborhood Commercial) District and a 40-X Height and Bulk District.

(Continued from Regular Meeting of August 11, 2005)

5:00 P.M.

26. 2005.0524T (S. DENNIS: (415) 558-6314)

BETTER NEIGHBORHOODS PLUS TEXT AMENDMENTS - Consideration of an ordinance [Board of Supervisors File Number 050601] which would establish a "Better Neighborhoods Planning and Implementation Process" by (a) adding Chapter 36 to the Administrative Code in order to set forth uniform procedures for developing comprehensive neighborhood plans, (b) amending Administrative Code Section 3.4 to provide for integrated budget documents, and (c) adding Section 312A to the Planning Code regarding discretionary review for projects located within plan areas.

Preliminary Recommendation: Approve with Modifications

NOTE: On August 4, 2005, following public testimony, the commission president directed that this item be calendared for discussion at all commission hearings through September 15, 2005 with possible action on September 15, 2005.

I. 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:

Last updated: 11/17/2009 9:59:52 PM