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Seal of the City and County of San Francisco
City and County of San Francisco
Public Hearings 
 

December 3, 2009

December 3, 2009

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, December 3, 2009

1:30 PM

Regular Meeting

President: Ron Miguel

Vice-President: Christina R. Olague

Commissioners: Michael J. Antonini; Gwyneth Borden; William L. Lee; Kathrin Moore;

Hisashi Sugaya

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 live, Thursdays on Cable Channel 78.

And

The re-broadcast on Fridays at 8:00 p.m., Cable Channel 26

THE AGENDA PACKET IS AVAILABLE FOR REVIEW AT THE PLANNING DEPARTMENT
1650 MISSION STREET, 4TH 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 1650 Mission Street, 4th 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, 1650 Mission Street, Suite 400, 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.

Policy on Commissioner’s requests for hearings: There must be consensus of the Commission (four commissioners) or direction from the President/Chair to schedule a hearing that otherwise would not be scheduled.

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 impairments 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, 1650 Mission St., 4th floor reception.

1:30 PM _________

ROLL CALL:

President: Ron Miguel

Vice-President: Christina R. Olague

Commissioners: Michael J. Antonini; Gwyneth Borden; William L. Lee; Kathrin Moore; Hisashi Sugaya

  • 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. 2009.0840T (T. SULLIVAN: (415) 558-6257)

Amendments to Planning Code Section 303(i) to require applicants for new formula retail uses to appoint a community liaison to respond to community concerns during construction and store operation [Board File No. 09-1030]. Ordinance introduced by Supervisor Alioto-Pier amending Planning Code Section 303(i) to require applicants for new formula retail uses to appoint community liaisons to respond to community concerns during construction and store operation.

Preliminary Recommendation: Disapproval

(Continued from Regular Meeting of November 12, 2009)

(Proposed for Continuance to December 17, 2009)

2. 2008.0395E (I. NISHIMURA: (415) 575-9041)

2130 Fulton Street - University of San Francisco Center for Science and Innovation - north side, between Golden Gate, Masonic, and Parker Avenues; Lot 003 in Assessor’s Block 114 - Public Hearing on an Appeal of the Preliminary Mitigated Negative Declaration. The approximately 80,000-square-foot project site is on the Main Campus of the University of San Francisco, in the existing Harney Green and Harney Plaza area. The proposed project includes removal of Harney Green and Plaza; site excavation; and construction of a three-story with a partial fourth floor, 53-foot high building with a partial basement, which would connect on all floors to the south end of the existing Harney Science Building, and a below-grade, two-level structure, which is also a component of the proposed project. The roof of this building would serve as a new plaza and pedestrian area. Together, the new structures would have approximately 60,000 square feet of classrooms, laboratories, instrumentation rooms, and building mechanical/support spaces. The project site is within an RH-2 (Residential, House, Two-Family) District and an 80-D Height and Bulk District. The proposed project would require Conditional Use Authorization for a post-secondary institutional use in an RH-2 District, and for exceeding a building height of 40 feet in an R District.

Preliminary Recommendation: Uphold Mitigated Negative Declaration

(Continued from Regular Meeting of November 5, 2009)

(Proposed for Continuance to January 14, 2010)

3. 2008.0395C (S. VELLVE: (415) 558-6263)

2130 Fulton Street - north side, between Fulton Street, Golden Gate, Masonic, and Parker Avenues; Lot 003 in Assessor’s Block 1145 - Request for Conditional Use Authorization pursuant to Planning Code Sections 209.3 253, 303 and 304 for the University of San Francisco to construct the Center for Science and Innovation in an approximately 40,000 square-foot building approximately 53 feet in height in the location of Harney Green, and a two-story 20,000 square-foot below-grade educational building below Harney Plaza for a project that will include classrooms, laboratories, instrumentation rooms, building mechanical/support spaces and up to two off-street loading spaces within an RH-2 (Residential, House, Two-Family) District and an 80-D Height and Bulk District.

Preliminary Recommendation: Approval with Conditions.

(Proposed for Continuance to January 14, 2010)

B. 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

4. 2009.0650C (S. Lai: (415).575.9087)

3936-3938 24TH STREET - north side of 24th Street between Sanchez and Noe Streets, Lots 044 and 045 in Assessor’s Block 3654 - Request for Conditional Use Authorization pursuant to Planning Code Sections, 728.49 and 303, for a change of use from retail uses to a financial service establishment (DBA “Circle Bank”) The subject property is located within the 24th and Noe Valley NCD (Neighborhood Commercial District) and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

5. 2009.0772C (S. Lai: (415).575.9087)

1050 TARAVAL STREET - northeast corner of Taraval Street and 21st Avenue, Lot 022 in Assessor’s Block 2349 - Request for Conditional Use Authorization pursuant to Planning Code Sections 711.44 and 303, for a change of use from an existing retail sales and services establishment (DBA “Quickly”) to a small self-service restaurant under the same ownership, within the Taraval Street RUSD (Restaurant and fast-food sub-district), NC-2 (Small-Scale, Neighborhood Commercial District) and a 65-A Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

6. 2009.0834C (D. Sánchez: (415) 575-9082)

1050 South Van Ness Avenue -west side between 21st and 22nd Streets, Lot 006A, 053 in Assessor’s Block 3615 - Request for Conditional Use Authorization under Planning Code Sections 209.3(f) and 303 to establish a child care facility providing less than 24 hour care for 13 or more children within the RTO-M (Residential, Transit Oriented, Mission Neighborhood) Zoning District with a 50-X Height and Bulk Designation.

Preliminary Recommendation: Approval with Conditions

7a. 2009.0304CVRE (D. Sánchez: (415) 575-9082)

5075 3rd Street - northeast corner of 3rd Street and Revere Avenue, Lots 006A, 006B, 007, 007A in Assessor’s Block 5339 - Request for Conditional Use Authorization under Planning Code Sections 712.83 and 303 to construct an approximately 10,600 square-foot new single-story public library building within a P (Public Use) and an NC-3 (Neighborhood Commercial, Moderate Scale) Zoning District with a 40-X Height and Bulk designation. The Zoning Administrator will also consider a request for Variance from the off-street parking requirement.

Preliminary Recommendation: Approval with Conditions

7b. 2009.0304CVRE (D. Sánchez: (415) 575-9082)

5075 3rd Street - northeast corner of 3rd Street and Revere Avenue; Lots 006A, 006B, 007, 007A in Assessor’s Block 5339 - Request for Variance, pursuant to Planning Code Sections 151 and 305 to reduce the number of off-street parking spaces. The project is required to provide five off-street parking spaces but is proposing zero off-street parking spaces. The project proposes to construct an approximately 10,600 square foot new single story public library within a P (Public Use) and an NC-3 (Neighborhood Commercial, Moderate Scale) Zoning District with a 40-X height and bulk district. The Zoning Administrator will consider the variance application concurrently with the Planning Commission.

C. COMMISSIONERS’ QUESTIONS AND MATTERS

Adoption of Commission Minutes – Charter Section 4.104 requires all commissioners to vote yes or no on all matters unless that commissioner is excused by a vote of the Commission. Commissioners may not be automatically excluded from a vote on the minutes because they did not attend the meeting.

8. Consideration of Adoption:

  • Draft Minutes of Regular Meeting of November 12, 2009.
  • Draft Minutes of Regular Meeting of November 19, 2009.

9. Commission Comments/Questions

  • Inquiries/Announcements. Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).
  • Future Meetings/Agendas. At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.

D. DIRECTOR’S REPORT

10. Director’s Announcements

11. Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.

12. (K. Guy: (415) 558-6163)

TRINITY ART MASTER PLAN - Informational Presentation

13. (J. JARAMILLO: (415) 575-6818)

2008 FIVE-YEAR DOWNTOWN PLAN MONITORING REPORT - Downtown Plan Monitoring Report – Informational presentation on the 2008 Five-Year Downtown Plan Monitoring Report. Chapter 10E of the San Francisco Administrative Code requires the Planning Department to complete a five-year report to measure development trends in the Downtown against the goals of the Downtown Plan of the San Francisco General Plan. The report discusses employment and development trends, transportation, housing, fiscal revenues and other topics pertaining to the Downtown C-3 district for fiscal years 2002 through 2007. Informational item only, no action necessary.

Report is available for the public at the Planning Department and can be downloaded from the website at:

http://www.sfgov.org/site/uploadedfiles/planning/Citywide/pdf/Downtown_Monitoring_Report_5-Year_2008.pdf

Preliminary Recommendation: No Action required. Informational only.

E. 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.

F. 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.

  1. CONSIDERATION OF FINDINGS AND FINAL ACTION – PUBLIC HEARING CLOSED

14. 2006.0137E (B. BECKER: (415) 575-9045)

SUNOL VALLEY WATER TREATMENT PLANT EXPANSION AND TREATED WATER RESERVOIR PROJECTCertification of the Final Environmental Impact Report - The San Francisco Public Utilities Commission (SFPUC) is proposing the Sunol Valley Water Treatment Plant (SVWTP) Expansion and Treated Water Reservoir Project. The SVWTP Project proposes the construction and operation of a new 17.5 million-gallon (MG) treated water reservoir, 3.5 MG chlorine contact tank, flocculation and sedimentation basin, construction of new effluent pipelines within the SVWTP, and a new 78-inch pipeline connecting the new treated water reservoir to the existing 78-inch plant discharge pipeline, which transports water from the plant to the existing Alameda Siphons.

Preliminary Recommendation: Certify the Environmental Impact Report

Note: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on July 17, 2009. 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.

  1. REGULAR CALENDAR

15. 2008.0185C (S. LAI: (415) 575-9087)

1102 TARAVAL STREET (A.K.A. 2397 21ST AVENUE) - northwest corner of Taraval Street and 21st Avenue, Lot 017 in Assessor’s Block 2350 - Request for Conditional Use Authorization under Planning Code 711.42, 711.69A and 303, to establish a full-service restaurant and self-service specialty food store (DBA “Flanagan”), within the Taraval Street NC-2, RUSD (Restaurant and fast-food sub-district), and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of November 12, 2009)

16. 2009.0862C (S.Young: (415) 558-6346)

3288 STEINER STREET - east side between Lombard and Greenwich Streets; Lots 057 - 058 in Assessor’s Block 0510 - Request for Conditional Use Authorization under Sections 712.54 and 303 of the Planning Code to convert vacant commercial space (formerly occupied by a real estate office) with approximately 500 square feet of floor area into a school of traditional Thai massage and a massage establishment (dba Traditional Medical Thai Massage and School) on the ground floor of the four-story, residential and commercial building within an NC-3 (Neighborhood Commercial, Moderate-Scale) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

17. 2009.0932C (C. Teague: (415) 575-9081)

1880 Mission Street - west side between 14th and 15th Streets, Lots 002A, 003, 004, and 029 in Assessor's Block 3547 - Request for Conditional Use Authorization pursuant to Planning Code Section 303(e) to modify the performance period condition of Motion No. 17120 for Case No. 2003.0758C to extend the approval period another 2 years from the date of expiration of the administrative extension granted by the Zoning Administrator for a Planned Unit Development of a mixed use project consisting of up to 194 dwelling units, 9,000 square feet of ground floor commercial space, and 221 off-street parking spaces, in a C-M (Heavy Commercial) Zoning District and 50-X and 65-B Height and Bulk Districts. The subject properties were subsequently reclassified and now fall in the Mission Street NCT (Neighborhood Commercial Transit) District and the UMU (Urban Mixed Use) District and 45-X, 58-X and 65-X Height and Bulk Districts. No changes are proposed for the existing project as originally approved.

Preliminary Recommendation: Approval with Conditions

18. 2009.0424C (K. Guy: (415) 558-6163)

565 Green Street - between Columbus and Grant Avenues, Lot 020 of Assessor’s Block 0131 - Request for Conditional Use Authorization to add live entertainment to an existing restaurant and wine bar (dba "dell'uva") at 565 Green Street, within the North Beach Neighborhood Commercial District, the 40-X Height and Bulk District, and the North Beach Special Use District.

Preliminary Recommendation: Disapproval

19. 2009.0841T (C. NIKITAS: (415) 558-6306)

Planning Code Amendment - Demolition and Replacement of Sound Housing. [Board File No. 09-1038] - Ordinance amending the Planning Code by amending Section 317 to require the Planning Commission make certain findings when approving demolition of Residential Buildings that require Mandatory Discretionary Review and to require replacement of sound housing with units of like affordability; and making findings, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

Preliminary Recommendation: Approval with Modifications

(Continued from Regular Meeting of November 5, 2009)

20. 2009.0825D (C. TEAGUE: (415) 575-9081)

1354 RHODE ISLAND STREET – west side between 24th and 25th Streets, Lot 006 in Assessor's Block 4260 - Request for Discretionary Review of Building Permit Application No. 2008.06.30.5675 proposing to fill in a portion of the 3rd floor rear deck of the existing structure 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

21. 2009.0950D (A. STARR: (415) 558-6362)

820-822 BAY STREET - north side between Larkin and Hyde Streets; Lot 036 in Assessor’s Block 0026 - Request for Discretionary Review of Building Permit Application No. 2008.12.23.9134 proposing to construct a stair penthouse, windscreens and trellis structure on the roof of the subject 3-story, 3-unit building in an RH-3 (Residential, House, 3-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and Approve

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

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

Adjournment:

Last updated: 12/11/2009 2:03:47 PM