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

September 16, 2010

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, September 16, 2010

1:30 PM

Regular Meeting

 

President:  Ron Miguel

Vice-President: Christina R. Olague

                        Commissioners: Michael J. Antonini; 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.

Case reports and relevant materials are linked to the items on calendar at the above web site.

 

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; 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.         2009.0288C                                                                                           (A. HOLLISTER: (415) 575-9078)

235 O’Farrell Street - south side between Powell and Mason Streets, Lot 018 in Assessor’s Block 0326 – Request for Conditional Use Authorization to convert an existing tourist/residential hotel containing 68 tourist hotel rooms and 23 hotel residential rooms to a full tourist hotel containing approximately 59 tourist hotel rooms within the subject building.  No physical expansion of the existing building is proposed.  As provided under the Residential Hotel Conversion and Demolition Ordinance (San Francisco Administrative Code, Chapter 41), the 23 residential rooms currently found at the project site must be replaced, and would be replaced at 374 5th Street.  This site is within a C-3-G (Downtown General Commercial) District and an 80-130-F Height and Bulk District.   

Preliminary Recommendation:  Approval with Conditions

(Proposed for Continuance to September 30, 2010)

 

2.         2010.0054U                                                                               (j. ionin: (415) 558-6309)

Personal Wireless Service Facility Site Permits Ordinance [Board File No. 10-0041] - Ordinance introduced by Supervisor Avalos would amend the San Francisco Public Works Code by adding Article 25, Sections 1500 through 1528, to establish new requirements for Personal Wireless Service Facility Site Permits and to increase certain fees for obtaining such permits, amending the San Francisco Administrative Code by amending Chapter 11, Article 1, Section 11.9, to eliminate obsolete provisions related to such permits, making the provisions of the ordinance retroactive, and making environmental findings.        

Preliminary Recommendation: Approval

            (Continued from Regular Meeting of September 2, 2010)

                                (Proposed for Continuance to October 7, 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.        2010.0337C                                                                         (A. HOLLISTER: (415) 575-9078)

266 SUTTER STREET - north side between Grant Avenue and Kearny Street, Lot 012 in Assessor’s Block 0287 - Request for Conditional Use Authorization under Planning Code Section 218.1 Massage Establishments to include massage services for a proposed business (DBA Jin Healing for Women) that will also include an acupuncture clinic.  The project would establish four 80-square foot massage treatment rooms and three acupressure treatment rooms on the fifth floor of the subject building.  The project is within the C-3-R (Downtown, Retail Commercial) Use District and the 80-130 F Height and Bulk District.

Preliminary Recommendation:  Approval with Conditions

 

4.        2010.0442C                                                                            (E. JACKSON: (415) 558-6363)

1270 VALENCIA STREET - west side between 24th and 25th Streets; Lot 009 in Assessor’s Block 3644 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 726.1, and 790.108, to convert the second floor of an existing building to a business or professional service use, within the Valencia Street Neighborhood Commercial Transit District (Valencia NCT) and a 55-X Height and Bulk District.  The project proposes to convert 2,178 square feet to an office space (dba Birthright Israel).  Birthright Israel is a non-profit youth organization that provides travel-related services.

Preliminary Recommendation: Approval with Conditions

 

5.        2010.0620Z                                                                            (C. TEAGUE: (415) 575-9081)

1717 17TH STREET – south side between De Haro and Carolina Streets, Lots 008 and 009 in Assessor's Block 3980 - Request to amend Zoning Height Map Sheet 8 pursuant to Planning Code Sections 302 and 306 in a UMU (Urban Mixed Use) and PDR-1-G (Production, Distribution and Repair – General) and 45-48-X Height and Bulk Districts. The proposal is to reclassify the entirety of Lot 008 to a 48-X Height and Bulk District, and to reclassify the entirety of Lot 009 to a 45-X Height and Bulk District.

Preliminary Recommendation: Recommend Approval

 

C.        COMMISSIONERS’ QUESTIONS AND MATTERS

 

            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

 

            6.         Director’s Announcements

           

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

 

                                                                                                                          (P. LORD: (415) 558-6311)

8.         Progress report on the Japantown Better Neighborhood Plan (BNP) review process

 

E.         GENERALPUBLIC 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.                 REGULAR CALENDAR 

 

9.        2010.0790U                                                                         (A. Rodgers: (415) 558-6395)

E-DISTRIBUTION OF REPORTS- Proposed Ordinance introduced by Supervisor Mirkarimi [BF 101098] amending the San Francisco Administrative Code by amending Sections 1.56 and 8.12.4, adding Section 8.12.5, and re-numbering Section 8.12-1 as 8.13, to provide for the electronic distribution of documents more than 10 pages long prepared by City departments.

Preliminary Recommendation: Approval

 

           10.        2010.0767U                                                                      (K. DISCHINGER: (415) 558-6284)

PLANNING COMMISSION IN-KIND AGREEMENTS POLICY AND PROCEDURES - The Planning Code imposes impact fees on new development in Rincon Hill, Market and Octavia, Balboa Park and Eastern Neighborhoods, and provides an option for project sponsors to seek impact fee waivers if they agree to build community improvements through an in-kind agreement. These agreements must be recommended by the Planning Director and approved by the Planning Commission. The proposed policy outlines a process for intake, consideration, and approval of an in-kind agreement.

Preliminary Recommendation: Approval

 

11.       2010.0464C                                                                           (E. JACKSON: (415) 558-6363)

445 VALENCIA STREET - east side between 15th and 16th Streets; Lot 057 in Assessor’s Block 3554 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 726.1, and 790.60, to convert the ground floor of an existing building to a new massage establishment, within the Valencia Street Neighborhood Commercial Transit District (Valencia NCT) and a 55-X Height and Bulk District.  The project proposes a new foot massage business (dba Relax Feet Massage) on the ground floor of an existing hotel. 

Preliminary Recommendation: Approval with Conditions

 

12.       2010.0072C                                                                        (R. CRAWFORD: (415) 558-6358)

627 Vallejo Street - southwest corner of Vallejo Street and Columbus Avenue Lots 017-021, of Assessor’s Block 0146 - Request for Conditional Use Authorization under Planning Code Section 218.2, Limitation on Change in Use or Demolition of General Grocery Store, Section 722.45 Liquor Store and Section 722.44 Small Self-Service Restaurant.  The project would legalize the conversion of the existing grocery store in the building to a liquor store (wine shop); the existing accessory food service in the grocery store would become a stand alone small self-service restaurant.  This project lies within the North Beach Neighborhood Commercial District and within the 40-X Height and Bulk District.

Preliminary Recommendation: Disapproval

 

13.       2010.0366C                                                                                (M. SMITH: (415) 558-6322)

1501 SLOAT BOULEVARD (A.K.A LAKESHORE PLAZA SHOPPING CENTER - south side between Everglade and Clearfield Drives, Lot 003 in Assessor's Block 7255 - Request for Conditional Use Authorization pursuant to Planning Code Sections 703.4 and 713.43 to establish a new, formula retail, large, fast-food restaurant (d.b.a. “Chipotle”) in the 1,600 square-foot tenant space occupied by “Pizza Hut” in the Lakeshore Plaza Shopping Center.  The project also seeks to amend Motion No. 11545 to remove Board of Supervisors condition of approval #36 which limits the types of food that can be sold at restaurants within the shopping center.  The site is located within a NC-S (Neighborhood Commercial Shopping Center) District, the Lakeshore Plaza Special Use District, and a 26-40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

14.       2010.0255C                                                                               (S. VELLVE: (415) 558-6263)

3111 FILLMORE STREET - west side between Filbert and Pixley Streets; Lot 009 in Assessor’s Block 0515 - Request for Conditional Use Authorization pursuant to Sections 725.48, 790.38 and 303 of the Planning Code to establish an “Other Entertainment” use at the Comet Club to enable the existing bar to offer amplified and acoustical live entertainment (including DJ and dancing) on the premises located within the Union Street Neighborhood Commercial District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

15.       2010.0392D                                                                         (P. LAVALLEY: (415) 575-9084)

691 TENNESSEE STREET – northeast corner of Tennessee and 18th Streets; Lot 020 in Assessor’s Block 3995 - Request for Discretionary Review of Building Permit Application No. 2010.01.20.5015, proposing a change of use to convert the existing industrial building with one dwelling unit to a gallery and event venue/photo studio and to landscape the existing side yard as an outdoor activity area associated with the new uses, for an existing one-story buildingin a UMU (Urban Mixed Use) District and a 45-X Height and Bulk District. The existing dwelling unit will remain.

Staff Analysis:  Full Discretionary Review

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

 

            16a.     2009.1170DDD                                                                           (A. STARR: (415) 558-6362)

37-39 LLOYD STREET(AKA 37-39 LLOYD STREET) –south side between Castro and Scott Streets, Lot 035 in Assessor’s Block 1260 - Requests for Discretionary Review of Building Permit Application No. 2010.05.12.2282 proposing to construct a new four-story, two-unit building on a vacant lot in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

Staff Analysis:  Full Discretionary Review

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

 

                16b.     2009.1170DDDV                                                                         (A. STARR: (415) 558-6362)

                        37-39 LLOYD STREET (AKA 37-39 LLOYD STREET)- south side between Castro and Scott Streets, Lot 035 in Assessor’s Block 1260 -Request for a rear yard variance pursuant to Section 134 of the Planning Code to construct a new four-story, two-unit building on a vacant lot with a noncomplying 20’ wide, 2-story portion at the rear of the building that would extend 12’ into the required rear yard in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District. 

 

17.          2010.0490D                                                                               (S. CALTAGIRONE: (415) 558-6625)

5 SEYMOUR STREET- west side between Turk Street and Golden Gate Avenue;  Lot 024 in Assessor's Block 1154 - Request for Discretionary Review of Building Permit Application No. 2008.06.12.4326 proposing to legalize alterations made without permit, including the construction of a dormer on the north slope of the roof, construction of a trellis above the rear deck at the second floor level and the replacement/installation of windows at the front and rear facades of the three-story, two-unit building in the RH-3 (Residential, House, Three-Family) Zoning District and 40-X Height and Bulk District.

Staff Analysis:Abbreviated Discretionary Review

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

 

18.       2010.0097D                                                                                   (T. FRYE: (415) 575-6822)

30 PRESCOTT COURT - between Vallejo and Broadway Streets, Assessor’s Block 0143; Lot 029. Request for Discretionary Review of Building Permit Application No. 2009.11.10.0929 to construct a horizontal and a vertical addition on the subject building.  A variance from the rear yard requirements of the Planning Code was noticed and heard at the regularly scheduled variance hearing on March 24, 2010 and was granted by the Zoning Administrator on May 20, 2010.  The subject property is within the RH-3 Zoning District and a 40-X Height and Bulk District.

Staff Analysis:Abbreviated Discretionary Review

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

 

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

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

 

 

 

Adjournment:

 

Last updated: 9/10/2010 4:37:40 PM