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Public Hearings 
 

December 17, 2009

SAN FRANCISCO
PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, December 17, 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



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. 2009.0378C (E. Oropeza: (415) 558-6381)

224 Townsend Street - between Ritch and Clyde Streets; Lot 013 in Assessor’s Block 3787 – Request for Conditional Use Authorization to establish a “Public Automobile Parking Garage” use per Planning Code Sections 817.30 and 890.12 all within the Service Light Industrial Use District, and a 65-X Height and Bulk District.

Preliminary Recommendation: Disapprove the project proposal

(Proposed for Continuance to January 21, 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.

2a. 2009.0411D (S. HAYWARD: (415) 558-6372)

40 EDGEHILL WAY - west side between Garcia Avenue and Ulloa Street, Lot 008 in Assessor's Block 2923 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of the demolition of residential buildings of Demolition Permit Application No. 2009.0720.3022 proposing to demolish a one-story-over-garage, single-family dwelling located in an RH-1(D) (Residential, House, Single-Family, Detached) District and a 40-X Height and Bulk District.

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

2b. 2009.0912D (S. HAYWARD: (415) 558-6372)

40 EDGEHILL WAY - west side between Garcia Avenue and Ulloa Street; Lot 008 in Assessor's Block 2923 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of the demolition of residential buildings and their replacement structures of Building Permit Application No. 2009.0720.3020, proposing to construct a new single-family dwelling on the subject lot. The subject lot is located in an RH-1(D) (Residential, House, Single-Family, Detached) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approve the new construction.

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.



3. Consideration of Adoption:

· Draft Minutes of Special Meeting of November 19, 2009.

· Draft Minutes of Special Joint Hearing of November 19, 2009.

· Draft Minutes of Regular Meeting of December 3, 2009.



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. 2009.1068I (R. CRAWFORD: (415) 558-6358)

1355 Sansome Street - southwest corner of Sansome and Greenwich Streets Lot 048, of Assessor’s Block 0085 Report on Hult International Business School’s Abbreviated Institutional Master Plan (IMP), pursuant to Planning Code Section 304.5. Hult Business School’s Abbreviated IMP contains information on the nature and history of the institution, the location and use of affiliated buildings, and development plans within the C-2, Community Business and 84-E Height and Bulk Districts. The IMP is available for viewing on the Planning Department’s website (from www.sfplanning.org click “Publications & Reports” and then “Institutional Master Plans”).

Preliminary Recommendation: Informational presentation, no action requested.

8. (A. Rodgers: (415) 558-6395)

Discussion of policy for review of new garages in existing buildings - The Commission will consider a proposed policy which would: 1) establish a structure for staff review of new garages in existing building; 2) increase coordination during said review between the department and other agencies, specifically the San Francisco Municipal Transportation Agency (SFMTA) which is charged with managing on-street parking and San Francisco Department of Public Works which is charged with maintaining the public right-of-way and; 3) Consider notification prior to the installation of a new garage in an existing building as part of the Department’s Universal Notification Project.

Preliminary Recommendation: Informational presentation, no action requested.

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.



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



9. 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

NOTE: On December 3, 2009, following public testimony, the Commission entertained a motion of intent to approve. The vote was +3 -3. The motion failed. Commissioners Moore, Sugaya & Olague voted against. The item was continued to 12/17/09 to allow the absent commissioner the ability to participate in the final action. Commissioner Lee was absent

REGULAR CALENDAR

10. (e. forbes: (415) 558-6417)

Budget FY2010-11: DEPARTMENT’S Financial Condition and Preliminary Balancing Options

This item is for discussion only and does not require Commission action.

11. 2009.1006C (S. Lai: (415) 575-9087)

1626 TARAVAL STREET - north side, between 26th and 27th Avenues; Lot 010 in Assessor’s Block 2355 - Request for Conditional Use Authorization pursuant to Planning Code Sections 711.42, 781.1, 790.92, and 303 for a change of use from an existing retail use to a full-service restaurant (DBA G Cube Café), 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

12. 2009.1007C (M. Woods: (415) 558-6315)

2223 FILLMORE STREET - west side between Clay and Sacramento Streets; Lot 006 in Assessor’s Block 0630 - Request for Conditional Use Authorization to allow a “formula retail use” (dba “Black Fleece”) pursuant to Sections 303(c), 303(i) and 703.4 of the Planning Code, in the Upper Fillmore Street Neighborhood Commercial District and a 40-X Height and Bulk District. The proposal is to convert vacant retail space (formerly “Simon Pearce”) to a retail clothing store, which is a “formula retail use” as defined in Planning Code Section 703.3. Black Fleece is owned by the Brooks Brothers Corporation. Preliminary Recommendation: Approval with conditions

13. 2009.0945C (S. Young: (415) 558-6346)

4016 GEARY BOULEVARD - north side between 4th and 5th Avenues; Lot 018 in Assessor’s Block 1436 - Request for Conditional Use Authorization under Sections 712.38 303 and 317 of the Planning Code to legalize the conversion of the second floor dwelling unit to non-residential use for future occupancy by a “Medical Service” use, “Personal Service” use, or “Business or Professional Service” use in the three-story over basement commercial building within an NC-3 (Neighborhood Commercial, Moderate-Scale) District and a 40-X Height and Bulk District. The vacant commercial space, with approximately 1,850 square feet of floor area, was converted from residential use at least ten years ago and consists of two separate tenant spaces.

Preliminary Recommendation: Approval with Conditions

14. 2009.1024C (E. Watty: (415) 558-6620)

565 CASTRO STREET - on the east side of Castro Street between 18th and 19th Streets; Lot 062 in Assessor’s Block 3583 - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 303, 715.54, and 790.60, to allow a massage establishment (dba Hand Job) to operate within the Castro Neighborhood Commercial District and 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

15. 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 December 3, 2009)

16. 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 December 3, 2009)

17a. 2009.0102DPV (C. JAROSLAWSKY: (415) 558-6348)

1966 GREAT HIGHWAY - east side between Ortega and Pacheco Streets, Lot 007A in Assessor’s Block 2086 – Request for staff initiated Discretionary Review before the Planning Commission for non-compliance with the Residential Design Guidelines; and a Coastal Zone Permit, pursuant to Planning Code Sections 330.1, to construct a new, two-family, four-story structure. A variance is also requested by the Zoning Administrator to construct within the required front and rear yards. The site is located in an RH-2 (House, Two-Family) and 40-X Height and Bulk District and Local Coastal Zone Permit Area.

Preliminary Recommendation: Take Discretionary Review and approve with recommendations.

17b. 2009.0102DPV (C. JAROSLAWSKY: (415) 558-6348)

1966 GREAT HIGHWAY - east side between Ortega and Pacheco Streets, Lot 007A in Assessor’s Block 2086 - Request for Coastal Zone Permit, pursuant to Planning Code Sections 330.1, to construct a new, two-family, four-story structure. The project requires the approval of a variance by the Zoning Administrator to construct within the required front and rear yards, and there is a staff initiated Discretionary Review before the Planning Commission for non-compliance with the Residential Design Guidelines. The site is located in an RH-2 (House, Two-Family) and 40-X Height and Bulk District and Local Coastal Zone Permit Area. Preliminary Recommendation: Approval

17c. 2009.0102DPV (C. JAROSLAWSKY: (415) 558-6348)

1966 GREAT HIGHWAY - east side between Ortega and Pacheco Streets, Lot 007A in Assessor’s Block 2086 - Request for a Variance by the Zoning Administrator to construct within the required front and rear yards. A Coastal Zone Permit, pursuant to Planning Code Sections 330.1, to construct a new, two-family, four-story structure and a staff initiated Discretionary Review are before the Planning Commission for non-compliance with the Residential Design Guidelines. The site is located in an RH-2 (House, Two-Family) and 40-X Height and Bulk District and Local Coastal Zone Permit Area.

18. 2009.0904D (C. JAROSLAWSKY: (415) 558-6348)

1701 9th AVENUE - west side between Moraga and Noriega Streets; Lot 001 in Assessor’s Block 2040 - Request for Discretionary Review of Building Permit Application Nos. 2009.04.06.5665, 2009.04.06.5667, 2009.04.06.5669 and 2009.04.06.5670 to demolish a vacant commercial structure and construct three, two-unit residential structures. This property will be subdivided into three separate parcels, with one structure per lot, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the project as submitted.

19a. 2009.0124DV (P. LAVALLEY: (415) 575-9084)

1376 FLORIDA STREET - west side between 25th Street and 26th Street; Lot 014 in Assessor’s Block 4272 - Request for Discretionary Review of Building Permit Application No. 2009.03.27.4981, proposing to construct horizontal and vertical additions and add a garage on an existing single-family dwelling resulting in two dwelling units on the site within an RH-2 (Residential, House, Two-Family) District and 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve project as proposed.



19b. 2009.0124DV (P. LAVALLEY: (415) 575-9084)

1376 FLORIDA STREET - west side between 25th Street and 26th Street; Lot 014 in Assessor’s Block 4272 - Request for Variance pursuant to Section 134 of the Planning Code from rear yard requirements to construct horizontal and vertical additions and add a garage on an existing single-family dwelling resulting in two dwelling units on the site within an RH-2 (Residential, House, Two-Family) District and 40-X Height and Bulk District.



6:30 p.m. – [Although the following item may be called after the listed time, it will not be called before.]

20. 2007.0946E (J. NAVARRETE: (415) 575-9040)

Candlestick Point–Hunters Point Shipyard Phase II Development Plan (Project) - Public Hearing on the Draft Environmental Impact Report: The Project site is located on approximately 702 acres in the southeastern portion of San Francisco and includes both Candlestick Point and HPS Phase II. The Project proposed includes a mixed-use community with a wide range of residential, retail, office, research and development, civic and community uses, and parks and recreational open space. A major component would be a new stadium for the San Francisco 49ers National Football League team. Additionally, new transportation and utility infrastructure would serve the Project including a bridge across Yosemite Slough. The Project proposes development of 10,500 residential units; 885,000 gross square feet (gsf) of retail; 150,000 gsf of office; 2.5 million gsf of Research & Development uses; a 220-room, 150,000-gsf hotel; 255,000 gsf of artist studio space and arts center; 100,000 gsf of community services; approximately 240 acres of new parks, sports fields, and waterfront recreation areas, as well as approximately 97 acres of new and improved State parkland; a 69,000-seat 49ers stadium; and a 10,000-seat performance arena. In addition, a 300-slip marina would be provided. Shoreline improvements would also be implemented to stabilize the shoreline. The Project would include structured and on-street parking and various infrastructure improvements to support the development.

Note: written comments will be accepted at the Redevelopment Agency or Planning Department’s offices until the close of business on December 28, 2009.

Preliminary Recommendation: No Action Required.

H. PUBLIC COMMENT

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting with one exception. When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Commission has closed the public hearing, your opportunity to address the Commission must be exercised during the Public Comment portion of the Calendar. Each member of the public may address the Commission for up to three minutes.

The Brown Act forbids a commission from taking action or discussing any item not appearing on the posted agenda, including those items raised at public comment. In response to public comment, the commission is limited to:

(1) responding to statements made or questions posed by members of the public; or

(2) requesting staff to report back on a matter at a subsequent meeting; or

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

Adjournment:



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