Notice of Meeting
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, December 10, 2009
President: Ron Miguel
Vice-President: Christina R. Olague
Commissioners: Michael J. Antonini; Gwyneth Borden; William L. Lee; Kathrin Moore;
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
View the broadcast live, Thursdays on Cable Channel 78.
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: firstname.lastname@example.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 email@example.com.
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..
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 _________
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. 2009.1065T (A. Rodgers: (415) 558-6395)
Development Stimulus and Fee Reform - The Planning Commission will consider three proposed Ordinances introduced by the Mayor as described below. In addition to these three Ordinances the Commission may consider related amendments to the existing City Codes governing planning fees and processes. The three ordinances introduced by the Mayor include:
091251 [Development Fee Collection Procedure; Administrative Fee] - This Ordinance would amend the San Francisco Building Code by adding Section 107A.13 to establish a procedure for the Department of Building Inspection (DBI) to collect development impact and in-lieu fees, to provide that the fees are payable prior to issuance of the first building permit or other document authorizing construction of the project, with an option for the project sponsor to defer payment to prior to issuance of the first certificate of occupancy upon agreeing to pay a deferral surcharge on the amount owed that would be deposited into the same fund that receives the development fees, to require that any in-kind public benefits required in-lieu of payment of development fees are implemented prior to issuance of the first certificate of occupancy for the project, to require DBI to generate a Project Development Fee Report prior to issuance of the building or site permit for the project listing all fees due with the opportunity for an appeal of technical errors to the Board of Appeals, to establish a Development Fee Collection Unit within DBI and a fee for administering the program; adopting findings, including environmental findings.
091252 [Affordable Housing Transfer Fee Restriction Alternative for Inclusionary and Jobs Housing Linkage Programs] -This Ordinance would amend the San Francisco Planning Code by amending Sections 313.4 and 315.5 and by adding Section 313.16 to add an alternative for compliance with the Jobs Housing Linkage Program and the Residential Inclusionary Affordable Housing Program by allowing a project sponsor to defer 33% of its obligation under either Program in exchange for recording an Affordable Housing Transfer Fee Restriction on the affected property providing that 1% of the value of the property be paid to the Citywide Affordable Housing Fund at every future transfer of the Property.
091275 [Development Impact and In-Lieu Fees] - This Ordinance would amend the San Francisco Planning Code by creating Article 4 for development impact fees and development impact requirements that authorize the payment of in-lieu fees; by adding Section 402 to provide that all Planning Code development impact and in-lieu fees will be collected by the Department of Building Inspection prior to issuance of the first building permit or other document authorizing construction of the project, with an option for the project sponsor to defer payment to prior to issuance of the first certificate of occupancy upon agreeing to pay a deferral surcharge on the amount owed that would be deposited into the same fund that receives the fees; by requiring that any in-kind public improvements required in-lieu of payment of development fees are implemented prior to issuance of the first certificate of occupancy for the project; by moving Planning Code Sections 139, a portion of 249.33, 313-313.15, 314-314.8, 315-315.9, 318-318.9, 319-319.7, 326-326.8, 327-327.6, and 331-331.6 and Chapter 38 of the San Francisco Administrative Code (Transit Impact Development Fee) to Article 4 and renumbering and amending the sections; adding introductory sections for standard definitions, payment and collection procedures, conditions of approval, dispute resolution and appeal procedures, waivers, credits, notice, lien procedure, and development fee evaluations every five years; by providing for an appeal of technical fee calculation issues to the Board of Appeals rather than the Planning Commission; requiring the Controller to issue an annual Citywide Development Fee Report; deleting duplicative code provisions and using consistent definitions, language and organization throughout; adopting findings, including Section 302 and environmental findings; instructing the publisher to put a note at the original location of the renumbered sections stating that the text of those sections has been moved and providing the new section number.
Preliminary Recommendation: Approval with modifications.
(Proposed for continuance to January 14, 2010)
2. 2009.1053TZ (T. SULLIVAN: (415) 558-6257)
Amendments to the Planning Code to Require a Conditional Use Authorization for the installation of a garage opening in existing buildings, reduce the parking requirements in certain Northeast Neighborhoods, and creating the Telegraph Hill-North Beach Residential Special Use District [Board File No. 09-1165] -Ordinance introduced by Supervisor Chiu amending Planning Code Sections 714.94, 722.94, 803.2, and Table 810 to require a Conditional Use Authorization to install a garage in an existing residential structure in the Broadway NCD, the North Beach NCD, and the Chinatown Mixed Use and Community Business Districts; adding Section 249.46 and amending Section SU01 of the Zoning Map to establish the Telegraph Hill-North Beach Residential Use Special Use District to include the residentially-zones areas bounded by Bay Street to the North, Sansome Street and the Embarcadero to the East, Broadway to the Sough, and Columbus Avenue to the West, and to require a conditional use to install a garage in a residential structure; amending Section 151 to reduce the minimum parking requirements in the Broadway and North Beach NCDs and the Telegraph Hill – North Beach Residential Special Use District; amending 155 to add Columbus Avenue between Washington and North Point Street to the list of streets where garage entries, driveways, or other vehicular access to off-street parking or loading are prohibited; amending the Public Works Code by amending Section 732.2 to prohibit the issuance of minor sidewalk encroachment permits that would facilitate the installation of parking in a residential structure; adopting findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101. Preliminary Recommendation: Pending.
(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
3. 2009.0835C (E. OROPEZA: (415) 558-6381)
2862 24th STREET, between Florida and Bryant Streets; Lot 019 in Assessor’s Block 4208 – Request for Conditional Use Authorization to establish a Full Service- Restaurant, dba “Sugarlump,” per Planning Code Section 727.42 within the 24th Street Mission Neighborhood Commercial Transit District, and a 45-X Height and Bulk District. The project is also within the Mission Alcoholic Beverage Special Use Subdistrict. The proposed eating establishment is not identified as a formula retail use.
Recommendation: Approve with Conditions
C. COMMISSIONERS’ QUESTIONS AND MATTERS
4. 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
5. Director’s Announcements
6. Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.
7. (J. RANGE: (415) 575-9018)
Bay Area Air Quality Management District CEQA Guidelines Update – Informational Presentation on the Bay Area Air Quality Management District’s (BAAQMD’s) proposed California Environmental Quality Act (CEQA) Air Quality Guidelines Update. BAAQMD is in the process of updating their 1999 CEQA Guidelines for the analyses of air quality impacts. The proposed CEQA Air Quality Guidelines Update, released November 2009, revises the 1999 thresholds of significance for criteria air pollutants and includes proposals for quantitative thresholds of significance for greenhouse gas emissions and thresholds of significance for citing new sources and receptors of toxic air contaminates.
The proposed CEQA Air Quality Guidelines and background material are available at: http://www.baaqmd.gov/Divisions/Planning-and-Research/Planning-Programs-and-Initiatives/CEQA-GUIDELINES.aspx.
Recommendation: No action is necessary. This is an informational presentation 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.
- REGULAR CALENDAR
8a. 2006.0431CEKV (J. MILLER: (415) 558-6344)
1080 SUTTER STREET - north side between Hyde and Larkin Streets - Request for Conditional Use Authorization pursuant to Planning Code Sections 157 for off-street parking in excess of accessory amounts (up to 39 spaces when the Code would permit 14) and Section 253 for height above 40 feet in a Residential District, to permit a new 11-story residential building with approximately 36 dwelling units, Lot 011 in Assessor's Block 0279, in a an RC-4 (Residential-Commercial Combined, High Density) District and a 130-E Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of October 15, 2009)
8b. 2006.0431CEKV (J. MILLER: (415) 558-6344)
1080 SUTTER STREET - north side between Hyde and Larkin Streets - Request for granting of Variances of Planning Code standards for rear-yard area (Section 134), projections over streets and alleys (Section 136) and dwelling-unit exposure (Section 140) to permit a new 11-story residential building with approximately 35 dwelling units, Lot 011 in Assessor's Block 0279, in a an RC-4 (Residential-Commercial Combined, High Density) District and a 130-E Height and Bulk District.
(Continued from Regular Meeting of October 15, 2009)
9. 2009.0257C (T. Frye: (415) 575-6822)
900 Sansome Street - northwest corner of Sansome and Broadway Streets, Assessor’s Block 0142; Lot 003 - Request for a Conditional Use Authorization pursuant to Sections 239 and 303 of the Planning Code to change the legal use of the property from commercial store to off-street parking facility. The Historic Preservation Commission approved a related Certificate of Appropriateness for window replacement on June 4, 2009. The subject property is within a C-2 (Community Business) District with a 84-E Height and Bulk District, the Washington-Broadway #1 Special Use District, and within the Northeast Waterfront Historic District.
10. 2009.0523U (M. SNYDER (415): 575-6891)
BAYVIEW HUNTERS POINT SURVEY AREA C (AKA INDIA BASIN SHORELINE) – Adoption of Interim Policies to establish public hearing and notification processes for building permit and land use applications while the Bayview Hunters Point Survey Area C Community Planning Process is under way. The subject area is generally bounded by Jennings Street to the northwest, the Hunters View Housing site and Innes Avenue to the southwest, Earl Street to the southeast, and the San Francisco Bay to the northeast. The subject site is within the M-1 (Light Industrial), M-2 (Heavy Industrial), and NC-2 (Neighborhood Commercial, Small-scale) Use Districts and within a 40-X Height and Bulk District.
Preliminary Recommendation: Adoption of Policies
11. 2007.1255E (T. Johnston:  575-9035)
CRYSTAL SPRINGS SAN ANDREAS TRANSMISSION UPGRADE PROJECT – Public Hearing on the Draft Environmental Impact Report. The San Francisco Public Utilities Commission (SFPUC) is proposing the Crystal Springs San Andreas Transmission Upgrade Project. The project seeks to improve seismic and delivery reliability of the CS/SA Transmission System, and to meet the anticipated requirements of the California Division of Dam Safety (DSOD) for dam facilities in an emergency drawdown scenario. The Project would be located on City and County of San Francisco (CCSF)–owned lands in unincorporated portions of San Mateo County near the Town of Hillsborough and the cities of San Bruno, Burlingame, San Mateo, and Millbrae. The total proposed project area (including all construction, staging, and access areas) covers approximately 135 acres and is composed of five distinct project components that are oriented southeast to northwest, running approximately 7.6 miles across the Peninsula Watershed. The primary components of the proposed project would include:
- Seismic and functional upgrades to the Upper Crystal Springs Dam Culverts, including seismic strengthening of the Lower Culvert, which crosses the San Andreas Fault rupture zone, and providing isolation capabilities to both culverts.
- Seismic improvements to the Crystal Springs Outlet Structures 1 and 2, including removal of the seismically vulnerable aboveground portions of their towers, and construction of a small onshore control shed for remote valve operation.
- Major seismic upgrade of the Crystal Springs Pump Station (CS Pump Station), including construction of a new, seismically strengthened Pump Station, and replacement of all related facilities, pipelines, and pipeline connections. The upgrade would also include increasing the pump station booster capability to 120 million gallons per day to meet delivery reliability goals, and construction of a new dissipation structure for releases into San Mateo Creek to meet anticipated DSOD requirements.
- Seismic upgrades to the existing CS/SA Pipeline that conveys water from CS Pump Station to San Andreas Reservoir (approximately 4.7 miles), including replacement of two segments of the pipeline, general pipeline improvements, and new access roads to ensure access to the pipeline for emergency and maintenance repairs.
- Seismic upgrade to the San Andreas Outlet Structures 2 and 3, including improvements at both the outlet towers and tunnel portals located at the Harry Tracey Water Treatment Plant.
NOTE: Written comments will be accepted at the Planning Department’s offices until the close of business on Monday, December 21, 2009.
Preliminary Recommendation: No Action Required
12. 2007.0519E (B. BOLLINGER: (415) 575-9024)
1645 Pacific Avenue - Assessor’s Block 0595 Lot 013 - Public Hearing on the Draft Environmental Impact Report. The project site is a 15,959-square-foot parcel located on a block bounded by Pacific Ave., Polk St., Jackson St., and Van Ness Ave. in the Russian Hill neighborhood. The proposed project would demolish the existing commercial building and replace it with a new 65-foot high building with 48 residential units, ground-level retail uses, and 49 parking spaces. The project site is within the Polk Street Neighborhood Commercial District (Polk NCD) and 65-A Height and Bulk District. Written comments will be accepted at the Planning Department’s offices until 5 p.m. on January 2, 2010.
Preliminary Recommendation: No Action Required
13. 2005.1074E (D. DWYER: (415) 575-9031)
935-965 MARKET STREET – mid-block south side of Market Street between Fifth and Sixth Streets; Lots 071, 072, and 073 in Assessor’s Block 3704 – Public Hearing on the Draft Environmental Impact Report. The proposed project would demolish the three two- to five-story buildings on the 1.06-acre project site and redevelop the site with one five-story, 90-foot-tall retail building, with associated building services and subsurface parking. The building would contain approximately 375,700 gsf, with about 264,010 gsf of retail uses; about 4,830 gsf of common areas; about 10,900 gsf of mechanical and storage space; and about 95,960 gsf of parking, loading, and circulation space with 201 parking spaces. The project site is in the C-3-G (Downtown General Commercial) and C-3-R (Downtown Retail) Zoning Districts, and the 120-X Height and Bulk District. The proposed project would have a floor area ratio of about 8:1, and would include the use of transferable development rights (TDRs) subject to applicable height and bulk limitations. The project would require a Conditional Use authorization for parking in addition to permitted accessory parking and for demolition of a former theater use; variances for the width of the loading and parking access on Stevenson Street; and an exception to freight loading requirements under Planning Code Section 309. Written comments will be accepted at the Planning Department’s offices until 5:00 pm on December 21, 2009.
Preliminary Recommendation: No Action Required
14. 2009.0667D (S. LAI: (415) 575-9087)
1826 32nd AVENUE - east side between Ortega Avenue and Noriega Avenue; Lot 043 in Assessor’s Block 2068 – Staff Initiated Discretionary Review of Building Permit Application No. 2008.07.11.6477 proposing to construct a two-story horizontal rear addition to an existing single-family dwelling. The property is located in an RH-1 (Residential, House, and One-Family) Zoning District and 40-X Height and Bulk District.
Preliminary Recommendation: Take Discretionary Review and approve with modifications.
(Continued from November 5, 2009)
15a. 2009.0382D (R. CRAWFORD: (415) 558-6358)
71 GRANADA AVENUE - west side between Grafton and Lakeview Avenues; Lot 004 of Assessor’s Block 7016 - Request for Discretionary Review of Building Permit Application 2009 0225 2875 construct additions to the existing rear cottage on the property and to construct a new free-standing residential accessory building at the front of the lot in an RH-1, (Residential House, One-Family) and a 40-X Height and Bulk District.
Preliminary Recommendation: Take Discretionary Review and Modify the Project.
15b. 2008.0673V (R. CRAWFORD: (415) 558-6358)
71 GRANADA AVENUE - west side between Grafton and Lakeview Avenues; Lot 004 of Assessor’s Block 7016 - Request for Rear Yard Variance from Planning Code Section 134 to allow construction of additions to the existing rear cottage on the property. The project proposes no rear yard where a rear yard of 28 feet is required and in an RH-1, (Residential House, One-Family) and a 40-X Height and Bulk District. The Zoning Administrator conducted a public hearing on this case on April 2, 2009 and took the matter under advisement.
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
- directing staff to place the item on a future agenda. (Government Code Section 54954.2(a))