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

October 27, 2011

New Page 1

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, October 27, 2011

12:00 PM

Regular Meeting

 

President: Christina R. Olague

Vice-President:  Ron Miguel

                        Commissioners: Michael J. Antonini; Gwyneth Borden; Rodney Fong; 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 9:30 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.

 

 

12:00 PM   _________

 

ROLL CALL:                                                     

                        President:                                 Christina R. Olague                                           

                        Vice-President:                          Ron Miguel

Commissioners:                        Michael J. Antonini; Gwyneth Borden; Rodney Fong; 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.

               

1a.        2011.0063DV                                                                          (J. IONIN: (415) 558-6309)

135 El Camino del Mar - south side between 25th Avenue and the western most entrance to the Presidio; Lot 031 in Assessor’s Block 1334 - Request for Discretionary Review of Building Permit Application No. 2010.01.07.4358 proposing to legalize horizontal additions built without benefit of permit at the southeastern-most rear portion, along the east side and over the garage at the front of the single-family residence within an RH-1(D) (Residential House, One-Family, Detached), Scenic Special Sign District, and 40-X Height and Bulk District.

                        Preliminary Recommendation: Do not take Discretionary Review and approve

(Continued from the Regular Meeting on September 22, 2011)

            NOTE: On May 19, 2011, following public testimony, the Commission continued to matter to September 22, 2011.  Public hearing remains open.

                        NOTE: On 9/22/11, without a hearing, the item was continued to 10/27/11.

                        (Proposed for Continuance to November 3, 2011)

 

1b.        2011.0063DV                                                                         (J. IONIN: (415) 558-6309)

135 El Camino del Mar - south side between 25th Avenue and the western most entrance to the Presidio; Lot 031 in Assessor’s Block 1334 - Request for Rear Yard and Non-complying Structure Variances pursuant to Sections 134 and 188 of the Planning Code to legalize additions built without benefit of permit at the southeastern-most rear portion, along the east side and over the garage at the front of the single-family residence.  A portion of the horizontal addition at the rear encroaches into the required rear yard within an RH-1(D) (Residential House, One-Family, Detached), Scenic Special Sign District, and 40-X Height and Bulk District.

(Continued from the Regular Meeting on September 22, 2011)

On May 19, 2011, following public testimony, the Zoning Administrator continued the item to 9/22/2011.  Public hearing remains open.

                        NOTE: On 9/22/11, without a hearing, the item was continued to 10/27/11.

                                (Proposed for Continuance to November 3, 2011)

 

2.         2011.1064C                                                                   (S. Hayward: (415) 558-6372)

2800 SLOAT BOULEVARD - north side of Sloat Boulevard, between 46th and 47th Avenues, Lot 001 in Assessor's Block 2515 - Request for Conditional Use Authorization, pursuant to Planning Code Section 303(e), to add two years to the validity of the previously approved Conditional Use Authorization for the proposed project originally approved November 13, 2008 under Case No. 2005.1066C. The project includes the demolition of three existing commercial buildings and a 34-space parking lot, and the construction of three new mixed-use, five-story, 60-foot-tall buildings totaling approximately 120,000 gross square feet (gsf) over a 112-space subterranean parking structure and a one-story approximately 1,000 gsf commercial building. The project would include 56 dwelling units, approximately 23,000 gsf of ground-floor commercial uses including an open-air market. The three existing commercial buildings on the project site proposed for demolition include a retail shop (Aqua Surf Shop), restaurant/café (John's Ocean Beach Café), and a motel (Robert's Motel). The project site is within the NC-2 (Small-Scale Neighborhood Commercial) zoning district, 100-A Height and Bulk district, and the Local Coastal Zone Permit Area.

(Proposed for Continuance to November 10, 2011)

 

3.         2011.0471C                                                                                (K. Guy:  (415) 558-6163)

1111 CALIFORNIA STREET - southwest corner at Taylor Street, Lot 020 of Assessor’s Block 0253 - Request for Conditional Use Authorization to continue the existing nonconforming entertainment and assembly use of the "Nob Hill Masonic Center", and to continue operation of the existing food and beverage service uses within the Center, pursuant to Planning Code Sections 185(e) and 303, within the RM-4 (Residential, Mixed, High Density) District, the Nob Hill Special Use District, and the 65-A Height and Bulk District. No interior or exterior modifications, or changes in patron capacity of the existing facility, are requested as a part of this action.

                        Preliminary Recommendation: Approval with Conditions

                        (Proposed for Continuance to November 17, 2011)

 

            4.         2011.0155C                                                                         (A. STARR: (415) 558-6362)

5411 GEARY BOULEVARD - south side between 18th and 19th Avenues; Lot 035 in Assessor’s Block 1526 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303(c), 303(i), and 703.4 to allow a “formula retail use” (d.b.a Unleashed by PETCO) within the NC-3 (Moderate-Scale Neighborhood Commercial) Zoning District and 40-X Height and Bulk District. 

            Preliminary Recommendation:  Disapproval    

            (Continued from Regular Meeting of July 28, 2011)

            WITHDRAWN

 

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.

 

5.         Consideration of Adoption:

 

·         Draft Minutes of Regular Meeting of October 13, 2011

 

6.         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

 

7.         Director’s Announcements

           

8.         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 

 

            9.         2006.085TM                                                                          (P. LORD: (415) 558-6311)

            Japantown Community Planning Process and Initial recommendations - Informational Presentation - Since the August 2009 Japantown BNP presentation and 2010 information update made to the Planning Commission, significant and important progress has been made in the review and development of proposed amendments to the original DRAFT Japantown BNP (2009). The community representatives participating in this review process are committed to a comprehensive review and generating public support for their recommended revisions to the original neighborhood plan. The community, through formal votes and authorizations from the Japantown Organizing Committee, is currently prepared to share their initial review and recommendations with the Planning Commission and the general public. These community recommendations represent numerous significant departures from the recommendations in the initial 2009 Draft Japantown BNP Plan.

 

            2011.0167T                                                                   (S. Hayward: (415) 558-6372)

PLANNING CODE CONTROLS FOR HISTORIC PRESERVATION - The Commission will consider as an informational item a proposed Ordinance sponsored by the Planning Department that would amend the Planning Code controls for Historic Preservation, including but not limited to Articles 10 and 11.  The Planning Commission reviewed proposed amendments on August 5, 2010 and recommended approval with minor modifications of various Code Sections to the Board of Supervisors.  The Historic Preservation Commission began a parallel review of the proposed amendments in 2010 on the following dates: July 21st, August 4th, 18th, September 1st, 15th, and 29th, October 6th 15th, and 21st, November 3rd and 17th, and December 1, 2010.  This item is informational only, and no action is required.

 

11a.      2011.0206T                                                                      (S. HAYWARD: (415) 558-6372)

INFORMATIONAL ITEM FOR THE DEPARTMENT-SPONSORED PLANNING CODE AMENDMENTS RELATED TO THE CREATION OF A DEFINITION OF STUDENT HOUSING - This item will be considered for initiation at the October 27, 2011 heairng.  Pursuant to Planning Code Section 302, the Planning Commission will consider amendments to the Planning Code. The amendments are intended to a) create a definition of student housing that may be used throughout the Planning Code, b) encourage the production of new student housing; and c) protect the existing residential housing stock.  Planning Code sections proposed for amendment include Sections 102.36, 135(d)(2), 207.6(B)(3), 307(j), 312, 317(b)(1), 317(f)(1), and 401.

This informational item will focus on a discussion of the proposed amendments and the effort to encourage the production of new Student Housing while protecting San Francisco's existing housing stock.

 

11b.      2011.0206T                                                                      (S. HAYWARD: (415) 558-6372)

INTENTION TO INITIATE DEPARTMENT-SPONSORED PLANNING CODE AMENDMENTS RELATED TO THE CREATION OF A DEFINITION OF STUDENT HOUSING - Pursuant to Planning Code Section 302, the Planning Commission will consider a Resolution of Intention to initiate amendments to the Planning Code. The amendments are intended to a) create a definition of student housing that may be used throughout the Planning Code, b) encourage the production of new student housing c) protect the existing residential housing stock.  Planning Code sections proposed for amendment include Sections 102.36, 135(d)(2), 207.6(B)(3), 307(j), 312, 317(b)(1), 317(f)(1), and 401.

Preliminary Recommendation: Approve a draft Resolution of Intention to initiate amendments to the Planning Code and schedule a public hearing to consider adoption of the proposed amendments on or after November 10, 2011.

 

12.        2011.0921T                                                                      (A. Rodgers: (415) 558-6395)

Public Art Fee and Public Artwork Trust Fund. [Board File No. 11-0853] - The Planning Commission will consider a proposed Ordinance introduced by Mayor Edwin Lee and Supervisor David Chiu that would 1) amend San Francisco Planning Code, Section 429, to provide that developers currently required to spend 1% of construction costs for public artwork on any development project over 25,000 square feet located in a C-3 district have an option to contribute all or a portion of that Fee to a City fund dedicated to support public art and 2) amend the San Francisco Administrative Code by adding Section 10.200-29 to establish a Public Artwork Trust Fund, funded through contributions and Public Art Fees, for the creation, installation, exhibition, conservation, preservation, and restoration of temporary and permanent public art and capital improvements to nonprofit art facilities within the C-3 district to be administered and expended by the Arts Commission.  The proposed Ordinance is before the Commission so that it may recommend adoption, rejection, or adoption with modifications to the Board of Supervisors, and adopt findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1 and Section 302 findings.

Preliminary Recommendation: Approve with modifications.

 

13.        2010.0641M                                                                      (S. Exline: (415) 558-6332)

Recreation and Open Space Element - Informational Presentation - This is the second in a series of three informational presentations on the update to the Recreation and Open Space Element. Staff will give a presentation on the status of the revisions to the Recreation and Open Space Element and on the community planning process. 

 

14a.      2011.0054C                                                                   (G. Cabreros: (415) 558-6169)

2135-2137 GREENWICH STREET (136-138 PIXLEY STREET) - south side of Greenwich Street between Fillmore and Webster Streets, Assessor's Block 0516, Lot 028A - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 317 to allow the demolition of two buildings on this through lot containing a total of six dwelling units - a four-story structure fronting Greenwich Street and a one-story structure fronting Pixley Street - located in the RH-3 (Residential House, Three-Family) District and the 40-X Height and Bulk District. Two, four-story replacement buildings, each containing two dwelling units, are proposed to be constructed one at each street frontage.

Preliminary Recommendation: Approval with Conditions

 

14b.      2011.0054V                                                                 (G. Cabreros: (415) 558-6169)

2135-2137 GREENWICH STREET (136-138 PIXLEY STREET) - south side of Greenwich Street between Fillmore and Webster Streets, Assessor's Block 0516, Lot 028A - Request for Variances from the minimum lot size and rear yard requirements of Planning Code Sections 121 and 134, respectively. The project proposes demolition of two existing buildings on a through lot containing a total of six dwelling units - a four-story structure fronting Greenwich Street and a one-story structure fronting Pixley Street -  located in the RH-3 (Residential House, Three-Family) District and the 40-X Height and Bulk District. Two, four-story replacement buildings, each containing two dwelling units, are proposed to be constructed, one at each street frontage.

 

F.         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: 10/21/2011 11:24:26 AM