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

December 2, 2010

CORRECTED

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, December 2, 2010

12:30 PM

Regular Meeting

 

President:  Ron Miguel

Vice-President: Christina R. Olague

                        Commissioners: Michael J. Antonini; Gwyneth Borden; 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.

 

 

 

 

12:30 PM   _________

 

ROLL CALL:                                                     

                        President:                                 Ron Miguel

                        Vice-President:                          Christina R. Olague

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

 

1.         CLOSED SESSION

 

·         Public comment on matters to be discussed in Closed Session.

·         Motion on whether to assert the attorney-client privilege regarding the matters listed below as Conference with Legal Counsel.

·         The Planning Commission Will Go Into Closed Session To Discuss The Following Item:

 

Conference with Legal Counsel – to discuss threatened litigation, potentially arising out of the proposed Park Merced development project, where City may be either defendant or plaintiff in at least one case in either instance, pursuant to California Government Code Section 54956.9(b) and 54956.9(c) and San Francisco Administrative Code Section 67.10(d)(2)

 

Following the closed session, the Planning Commission will reconvene in open session.

 

·         Make announcement following Closed Session.

·         Consideration of motion regarding whether to disclose the discussions during Closed Session.

 

1:30 P.M.

 

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.

 

2a.        2009.1170DDD                                                                       (A. STARR: (415) 558-6362)

35 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                            revised

 (Continued from Regular Meeting of October 14, 2010)

NOTE: On October 14, 2010, following public testimony, the Commission continued this item to 12/2/10 by a vote of (+6 -0).  Public hearing remains open.

(Proposed for Continuance to December 9, 2010)

 

2b.        2009.1170DDDV                                                                      (A. STARR: (415) 558-6362)

                        35 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 non-complying 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. 

(Continued from Regular Meeting of October 14, 2010)

NOTE: On October 14, 2010, following public testimony, the Zoning Administrator continued this item to 12/2/10 by a vote of (+6 -0).  Public hearing remains open.

(Proposed for Continuance to December 9, 2010)

 

3.         2010.0456C                                                                      (M. WOODS: (415) 558-6315)

2198 FILBERT STREET - northeast corner of Fillmore and Filbert Streets; Lot 019 in Assessor’s Block 0516 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303(c), 725.27 and 725.42, to allow the establishment of a new approximately 2,100 square-foot full-service restaurant (dba Flips and Floats), and to allow hours of operation beyond 2:00 a.m. on certain days, within the Union Street NCD (Neighborhood Commercial District) and 40-X Height and Bulk District. 

                        Preliminary Recommendation:  Approval with Conditions

                        WITHDRAWN

 

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.         2010.0778C                                                                              (S. Lai:  (415) 575-9087)

3876 NORIEGA STREET - north side, between 45th and 46th Avenues, Lot 064 in Assessor’s Block 2004 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 710.69A and 303, to establish a new self-service specialty food bakery d.b.a. “Devil's Teeth Baking Company“, within the Neighborhood Commercial – Small Scale District (NC-1) and 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

5.         2010.0720C                                                                        (C. Teague: (415) 575-9081)

2505 3rd Street - east side between 22nd and 23rd Streets, Lot 001 in Assessor's Block 4173 - Request for Conditional Use Authorization pursuant to Planning Code Section 226 to convert an approximately 8,300 square foot ground floor space in the existing building into an approximately 5,900 square-foot brewery (dba Magnolia) and an approximately 2,400 square-foot full-service restaurant within a PDR-1-G (Production, Distribution and Repair – General) Zoning District, the Innovative Industry Special Use District, and a 68-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

B.         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.

 

6.         Consideration of Adoption:

·         Draft Minutes of Special Meeting of October 21, 2010

·         Draft Minutes of Special Joint Meeting of October 21, 2010

·         Draft Minutes of Regular Meeting of October 28, 2010

·         Draft Minutes of Regular Meeting of November 4, 2010

·         Draft Minutes of Regular Meeting of November 18, 2010

 

 

7.         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.

 

C.         DIRECTOR’S REPORT

 

8.         Director’s Announcements

           

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

 

D.         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.

 

E.                  REGULAR CALENDAR 

 

10.        2010.0965T                                                                   (T. SULLIVAN: (415) 558-6257)

Ordinance amending Planning Code Section 243 – Van Ness Special Use District to require a Conditional Use Authorization for Other Entertainment Uses - Ordinance proposed by Supervisor Alioto-Pier under Board File No. 10-1091 that would amend the Planning Code Section 243 to require a Conditional Use Authorization for Other Entertainment Uses; and adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

Alioto-Pier does not consent to an extension for our consideration.  She has also not yet requested time on the 12/6/10 Land Use Agenda.  Internal review has not yet occurred.  

                                Preliminary Recommendation: Approval with Modifications

                        (Continued from Regular Meeting of November 18, 2010)

 

11.        2010.0512C                                                                (R. Crawford: (415) 558-6358)

3132 CLEMENT STREET - northwest corner of Clement Street and 32nd Avenue; Lot 002 in Assessor’s Block 1401 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 703.4 and 713.21, to allow a Formula Retail use and a non-residential use size exceeding 5,999 square feet in area for the establishment of an approximately 14,270 square foot retail pharmacy store (dba CVS), within the Neighborhood Commercial – Shopping Center District (NC-S) and 40-X Height and Bulk District.  The proposed CVS store will occupy a portion of the space formerly occupied by the Albertsons grocery store.

Preliminary Recommendation:  Approval with conditions

 

12a.      2009.0765DDV                                                                              (C. TEAGUE: (415) 575-9081)

374 – 5th STREET - west side between Folsom and Clara Streets, Lot 008 in Assessor’s Block 3753 - Requests for Discretionary Review of Building Permit Application No. 2010.02.23.6954, proposing to convert the existing 47-room tourist hotel into a 46-room residential hotel, with Single-Room Occupancy (SRO) group housing rooms on the 2nd and 3rd floors, a lobby on the ground floor, and new stair penthouse and roof deck. As provided under the Residential Hotel Conversion and Demolition Ordinance (San Francisco Administrative Code, Chapter 41), 23 of the 46 residential hotel rooms are replacement rooms required by the removal of 23 residential hotel rooms from 235 O’Farrell Street (Case No. 2009.0288C). The new residential hotel at 374 5th Street is within an MUR (Mixed Use Residential) District and an 85-X Height and Bulk District.

                        Preliminary Recommendation: Take DR and Approve with Conditions

                        (Continued from Regular Meeting of September 30, 2010)

NOTE: On September 30, 2010, following discussion, the Commission continued this item to December 2, 2010, by a vote of (+5 -0) with instructions to the project sponsor to continue dialog with the community; and working with Department staff on design, unit size, and amenities. Public hearing remains open.  

 

12b.      2009.0765DDV                                                                             (C. TEAGUE: (415) 575-9081)

374 – 5th STREET - west side between Folsom and Clara Streets, Lot 008 in Assessor’s Block 3753 - Request for Rear Yard Variance to convert the existing 47-room tourist hotel into a 46-room residential hotel, with Single-Room Occupancy (SRO) group housing rooms on the 2nd and 3rd floors, a lobby on the ground floor, and new stair penthouse and roof deck. As provided under the Residential Hotel Conversion and Demolition Ordinance (San Francisco Administrative Code, Chapter 41), 23 of the 46 residential hotel rooms are replacement rooms required by the removal of 23 residential hotel rooms from 235 O’Farrell Street (Case No. 2009.0288C). The new residential hotel at 374 5th Street is within an MUR (Mixed Use Residential) District and an 85-X Height and Bulk District.

                        Preliminary Recommendation: Take DR and Approve with Conditions

                        (Continued from Regular Meeting of September 30, 2010)

NOTE: On September 30, 2010, following discussion, the Commission continued this item to December 2, 2010, by a vote of (+5 -0) with instructions to the project sponsor to continue dialog with the community; and working with Department staff on design, unit size, and amenities. Public hearing remains open.  

 

12c.      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

(Continued from the Regular Meeting of September 30, 2010)

NOTE: On September 30, 2010, following discussion, the Commission continued this item to December 2, 2010, by a vote of (+5 -0) with instructions to the project sponsor to continue dialog with the community; and working with Department staff on design, unit size, and amenities. Public hearing remains open.  

 

13.        2010.0556D                                                                  (A. Hollister: (415) 575-9078)

1500 GRANT AVENUE - northeast corner of Grant Avenue and Union Street, Lot 024 in Assessor’s Block 0104 - Request for Discretionary Review of Building Permit Application No. 2009.10.15.9053, proposing to add a T-Mobile micro wireless telecommunications service facility consisting of a panel antenna shrouded inside a faux vent pipe structure and equipment cabinets.  The faux vent pipe would be mounted on the rooftop of the subject building, while the equipment cabinets would be mounted to the wall of an existing penthouse stair structure.  The subject property is located in the North Beach Neighborhood Commercial District, the North Beach Special Use District, the Telegraph Hill-North Beach Residential Special Use District and a 40-X Height and Bulk District.

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

Staff Analysis:  Full Discretionary Review

(Continued from Regular Meeting of October 14, 2010)

 

14.        2010.0557D                                                                  (A. Hollister: (415) 575-9078) 

1653 GRANT AVENUE (AKA 501 GREENWICH STREET) - southwest corner of Grant Avenue and Greenwich Street, Lot 001 in Assessor’s Block 0088 - Request for Discretionary Review of Building Permit Application No. 2009.06.26.1437, proposing to add a T-Mobile micro wireless telecommunications service facility consisting of an omni antenna shrouded inside a faux vent pipe structure and equipment cabinets.  The faux vent pipe would be mounted on the rooftop of the subject building, while the equipment cabinets would be mounted to the wall of an existing penthouse stair structure.  The subject property is located in the RM-2 (Residential, Mixed, Moderate Density) District, the Telegraph Hill-North Beach Residential Special Use District and a 40-X Height and Bulk District.

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

Staff Analysis:  Full Discretionary Review

(Continued from Regular Meeting of October 14, 2010)

 

15.        2010.0558D                                                                   (A. Hollister: (415) 575-9078)

1763 STOCKTON STREET - southwest corner of Stockton and Greenwich Streets, Lot 001 in Assessor’s Block 0089 - Request for Discretionary Review of Building Permit Application No. 2009.11.05.0626, proposing to add a T-Mobile micro wireless telecommunications service facility consisting of a panel antenna shrouded inside a faux vent pipe structure and equipment cabinets.  The faux vent pipe and equipment cabinets would be mounted on the rooftop of the subject building.  The subject property is located in the North Beach Neighborhood Commercial District, the North Beach Special Use District, the Telegraph Hill-North Beach Residential Special Use District and a 40-X Height and Bulk District.

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

Staff Analysis:  Full Discretionary Review

(Continued from Regular Meeting of October 14, 2010)

 

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: 11/29/2010 11:16:05 AM