March 24, 2005
Notice of Meeting
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett
Thursday, March 24, 2005
President: Sue Lee
Vice-President: Dwight S. Alexander
Commissioners: Michael J. Antonini; Shelley
Bradford Bell; Kevin Hughes; William L. Lee; Christina Olague
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.
Internet broadcast service is now available at: http://majestic.ipolis.net/SFGTV/sfpuc.ram
View the televised broadcast on Fridays at 8:00 P.M.
THE AGENDA PACKET IS AVAILABLE FOR REVIEW AT THE PLANNING DEPARTMENT
1660 MISSION STREET, 5TH 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 1660
Mission Street, 5th 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,
1660 Mission Street, Suite 500, San Francisco, CA 94103-2414. Comments received
by 11:00 AM on the day of the hearing will be made part of the official record
and will be brought to the attention of the Planning Commission at the public
hearing. Otherwise, submit material related to a calendared item at the scheduled
hearing for distribution. For complete distribution to all Commissioners, necessary
staff and case/docket/correspondence files, submit an original plus 10 copies.
When sending e-mail correspondence to Commissioners, please copy the Commission
Secretary at: firstname.lastname@example.org
Pursuant to Government Code Section 65009, if you challenge, in court, (1) the adoption or amendment of a general plan, (2) the adoption or amendment of a zoning ordinance, (3) the adoption or amendment of any regulation attached to a specific plan, (4) the adoption, amendment or modification of a development agreement, or (5) the approval of a variance, conditional-use authorization, or any permit, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission, at, or prior to, the public hearing.
Commission action on conditional-uses and reclassification may be appealed to the Board of Supervisors within 30 days. Call (415) 554-5184 for more information. Commission actions after Discretionary Review may be appealed to the Board of Appeals within 15 days of action by the Central Permit Bureau. Call (415) 575-6880 for more information. Zoning Administrator action on a variance application may be appealed to the Board of Appeals within 10 days of issuance of the written decision.
The Commission has instituted a policy that, in most cases, they will not call an item for consideration after 10:00 PM. If an item is scheduled but not called or introduced prior to 10:00 PM, the Commission may continue the matter to the next available hearing. Items listed on this calendar will not be heard before the stated time.
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 impairrments by calling 1-800-735-2929 (TDD) or 1-800-735-2922 (Voice). Minutes of the meetings are available in alternative formats. If you require the use of a reader during the meeting, please contact the Library for the Blind and Print Handicapped at 292-2022 at least 48 hours in advance of need. Accessible seating for persons with disabilities (including those using wheelchairs) will be available at meetings. Individuals with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In order to assist the City's efforts to accommodate such people, attendees at public meetings are reminded that other attendees may be sensitive to various chemical-based products. Please help the City to accommodate these individuals.
Know Your Rights Under the Sunshine Ordinance
Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.
For more information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Adele Destro, Interim Administrator, 1 Dr. Carlton B. Goodlett Place, Room 409, by phone at (415) 554-7724, by fax at (415) 554-7854 or by E-mail at email@example.com.
Copies of the Sunshine Ordinance can be obtained from the Clerk of the Sunshine Task Force, the San Francisco Library and on the City's website at www.sfgov.org/bdsupvrs/sunshine..
Note: Each item on the Consent or Regular calendar may include the following documents:
1) Planning Department Case Executive Summary
2) Planning Department Case Report
3) Draft Motion or Resolution with Findings and/or Conditions
4) Public Correspondence
These items will be available for review at the Planning Department, 1660 Mission St., 5th floor reception.
1:30 PM _________
ROLL CALL: Commission President: Sue Lee
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. 2005.0198X (A. LIGHT: (415) 558-6254)
301 MISSION STREET - south side between Fremont and Beale Street, Lots 1 and 17 in Assessor's Block 3719. Request under Planning Code Section 309 (Downtown Code) for Determinations of Compliance and an exception to rear yard requirements (Section 134(d)). The subject property is located within the C-3-O Zoning District as well as the 550-S and 400-S Height and Bulk Districts. The proposed project is to change the mix of uses and make minor changes to a portion of the building envelope on a previously approved mixed-use project, which was approved for 130,000 square feet of office space in a nine-story mid-rise building; 320 residential units and 120 extended stay hotel suites in a 58-story tower; 9,400 square feet of ground floor retail and 18,710 square feet of public and private open space contained within a base podium element; and four levels of below-grade parking. The previously approved project was so conditioned that if in the judgment and at the discretion of the property owner, the hotel market did not sufficiently justify the operation of the proposed hotel facility, the 120 extended stay hotel units would be authorized for conversion to an equal number of residential units. Therefore, the previously approved project was approved for a total of 440 dwelling units under specific conditions, all contained within the 58-story tower. dwelling units under specific conditions, all contained within the 58-story tower. The modified project would eliminate the office and hotel uses, and would contain a total of 420 dwelling units, placing 54 of these units in the former 130,000 square-foot office building envelope, and 366 larger dwelling units would occupy the entire tower building envelope. The ground level retail space would be reduced to 7,900 square feet, and there would be approximately 6,700 square feet of public open space. The proposed residential and retail uses would be contained in substantially the same building envelopes as were approved for the previous mixed-use project, with minor changes to the mid-rise building facade and a rear yard exception required for the dwellings within it.
(Proposed for Continuance to April 7, 2005)
2a. 2004.0571D (D.SIROIS: (415) 558-6313)
336 MUNICH STREET - west side, between Brazil & Persia, Lot 032, Assessor's Block 6074 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application 2004.06.04.5613, to demolish an existing single-family dwelling in an RH-1 (Residential, One-Family) District and in a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the demolition
(Proposed for Continuance to April 7, 2005)
2b. 2004.0572D (D.SIROIS: (415) 558-6313)
336 MUNICH STREET - west side, between Brazil & Persia, Lot 032, Assessor's Block 6074 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of new residential building in association with residential demolition, of Building Permit Application No. 2004.06.04.5620, proposing to construct a three-story, single-family residential building with one off-street parking in an RH-1 (Residential, One-Family) District and in a 40-X Height and Bulk District.
Preliminary Recommendation: Do Not Take Discretionary Review and Approve the new construction
(Proposed for Continuance to April 7, 2005)
3. 2005.0076T (D. SIDER: (415) 558-6697)
ESTABLISHING ADDITIONAL AFFORDABILITY REQUIREMENTS FOR SRO UNITS - Consideration of an Ordinance amending Planning Code Section 890.88 to define a Single Room Occupancy (SRO) unit as a unit that is affordable to very low income or extremely low income households and making findings of consistency with Planning Code Section 101.1 and the General Plan
(Continued from Regular Meeting of February 24, 2005)
(Proposed for Continuance to April 14, 2005)
4. 2005.0092C (K. McGEE: (415) 558-6367)
465 WOOLSEY STREET - northwest corner of Woolsey and Goettingen Streets; Lots 15/16 in Assessor's Block 6118 - Request for Conditional Use Authorization to add a childcare facility for up to 45 children in an existing church, the Grace Lutheran Church, in an RH-1 (House - 1 Family) Zoning District and in a 40-X Height and Bulk District, per Planning Code Section 209.3(f).
Preliminary Recommendation: Approval with Conditions
(Proposed for Continuance to April 28, 2005)
5. 2003.1185C (B. FU: (415) 558-6613)
3537 19TH STREET - south side of 19th Street between San Carlos and Lexington Streets, Lot 104, Assessor's Block 3596 - Request for Conditional Use authorization under Planning Code Sections 209.6(b) to install a wireless telecommunications facility consisting of three (3) panel antennas and related equipment on an existing publicly-used structure as part of Cingular Wireless' wireless telecommunications network on a Location Preference 1 (Preferred Location - Publicly-Used Structure) within a RH-3 (Residential, House, Three Family) Zoning District and a 40-X Height and Bulk District.
Preliminary Recommendation: Pending
(Continued from Regular Meeting of January 27, 2005)
B. COMMISSIONERS' QUESTIONS AND MATTERS
C. DIRECTOR'S REPORT
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. 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.
F. CONSIDERATION OF FINDINGS AND FINAL ACTION - PUBLIC HEARING CLOSED
G. REGULAR CALENDAR
11. 2005.0096C (J. MILLER: (415) 558-6344)
1160 MISSION STREET - northwest side between Seventh and Eighth Streets, with additional frontage on Stevenson Street, Lots 37, 38 and 56 in Assessor's Block 3702 - Request for Conditional Use authorization to permit additional building square footage above the base floor area ratio of 6.0 to 1 for space devoted to affordable housing units (Planning Code Section 124(f)), in conjunction with construction of a previously approved new, 23-story residential building, in a C-3-G (Downtown General Commercial) District and in 150-S and 240-S Height and Bulk Districts.
Preliminary Recommendation: Approval with conditions
12. (no case number) (J. MILLER: (415) 558-6344)
2428 BAYSHORE BOULEVARD AND 1635 CALIFORNIA STREET - Consideration
of and provision of advice to the Zoning Administrator regarding a proposal
to provide six units of off-site Below Market Rate housing to meet conditions
of approval for a new building at 1635 California Street. The off-site
units for that project are proposed for provision in a new, all-affordable
residential structure at 2428 Bayshore Boulevard, and would be comparable
or larger in size and of similar quality to those in the California
Preliminary Recommendation: Approval of the proposal
13. 2004.0905C (S. VELLVE: (415) 558-6263)
3011 STEINER STREET - west side between Union and Filbert Streets; Lot 004A in Assessor's Block 0535 - Request for Conditional Use authorization pursuant to Sections 145.2, 161(j), 186.1(b), 303, and 725.24 of the Planning Code to expand a nonconforming full-service restaurant (formerly Pane E Vino, proposed to be Terzo), eliminate one residential off-street parking space, and permit an outdoor activity area (dining in the rear yard area) within the Union Street Neighborhood Commercial District, 40-X Height and Bulk District.
Preliminary Recommendation: Approval of restaurant expansion and elimination of residential parking with Conditions, and disapproval of outdoor activity area.
14. 2005.0055C (K. McGEE: (415) 558-6367)
59 30TH STREET (A.K.A. 801-807 SAN JOSE AVENUE) - southeast corner of 30th Street and San Jose Avenue; Lot 044 in Assessor's Block 6660 - Request for Conditional Use Authorization to establish a small self-service restaurant, San Jose Cafe, in an RH-2 Zoning District and a 40- foot Height and Bulk District on a property that has a Limited Commercial Use (LCU). LCU restrictions are proscribed by Planning Code Section 186 which limits the commercial space to those uses outlined in the NC-1 Districts or within ¼ mile of a restricted use sub-district, in this case, the Mission Street Fast-Food Sub-district, Planning Code Section 781.5. In both cases, a small self-service restaurant (Planning Code Section 790.91) is limited to no more than 1,000 square feet in gross floor area, and requires Conditional Use Authorization.
Preliminary Recommendation: Approval with conditions
15. 2004.0909D (M. SNYDER:(415) 575-6891)
153 PRENTISS STREET - east side between Powhattan Avenue and 22nd Street, lot 032 in Assessor's Block 5654 - Request for Discretionary Review of Building Permit Application No. 2004.05.21.4489 proposing to construct a rear and north side vertical and horizontal addition. The property is within an RH-1 (House,One-family) District, the Bernal Heights Special Use District and a 40-X Height and Bulk District .
Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed.
16. 2005.0171D (D. SIDER: (415) 558-6697)
130 TOWNSEND STREET - west corner of Stanford Street, Lot 008 in Assessor's Block 3788 - Mandatory Discretionary Review of Miscellaneous Permit Application Number MB0500372, a Zoning Referral from the California Department of Alcoholic Beverage Control (ABC). The proposal would change the use of a vacant approximately 6,000 square foot ground floor space to a full-service restaurant and bar (DBA "Tres Agaves") which would sell alcoholic beverages for consumption on-site. The balance of the structure (approximately 3,500 square feet) would be used as an art gallery. No physical expansion or increase in exterior dimensions of the existing building is proposed. Planning Commission Resolution Number 14844 requires a Discretionary Review hearing for all projects which involve a new or relocated liquor license or bar within the proposed Ballpark Vicinity Special Use District (BVSUD). The property is located in an SSO (Service / Secondary Office) District, the proposed BVSUD, the South End Historic District, and a 50-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed.
17. 2004.0956D (M. WOODS: (415) 558-6315)
2258 JACKSON STREET - north side between Webster and Buchanan Streets; Lot 009 in Assessor's Block 0589 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of dwelling unit mergers, of Building Permit Application No. 2004.05.24.4651S, proposing to convert the building's authorized use from three dwelling units to two dwelling units, 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 Building Permit Application as Proposed.
18. 2004.1043E (P. MALTZER: (415) 558-6977)
SOUTH OF MARKET REDEVELOPMENT PROJECT AREA REDEVELOPMENT PLAN CEQA
FINDINGS - All, or portions of Assessor's Blocks 3703, 3725, 3726,
3731, 3732, 3753, and 3754; being generally the area bounded by Fifth
Street to the East, Seventh Street to the west, Harrison Street to the
South; and Mission Street, Natoma Street and Stevenson Street to the
north. The Commission will consider a resolution to Adopt CEQA Findings
regarding General Plan Referral for the Amendments to the South
of Market Redevelopment Plan.
Preliminary Recommendation: Approve the Draft Resolution Adopting CEQA Findings
19. 2004.1043R (S. EXLINE: (415) 558-6332)
SOUTH OF MARKET REDEVELOPMENT PROJECT AREA REDEVELOPMENT PLAN - A Finding Of General Consistency With The General Plan - All, or portions of Assessor's Blocks 3703, 3725, 3726, 3731, 3732, 3753, and 3754; being generally the area bounded by Fifth Street to the East, Seventh Street to the west, Harrison Street to the South; and Mission Street, Natoma Street and Stevenson Street to the north. Amendment of a Redevelopment Plan for the South of Market Redevelopment Project Area, as revised from a previous South of Market Earthquake Recovery Area, and finding said amended Redevelopment Plan to be generally consistent with the San Francisco General Plan.
Preliminary Recommendation: Find in Conformity with General Plan
20a. 2000.1081 EMTZ (M. FOSTER (415) 558-6362)
RINCON HILL PLAN - Assessor's Blocks 3744, 3745, 3746, 3747, 3748, 3749 (excluding lots 052, 061, 062, and 064), 3766 (excluding lots 018 and 019), 3767, 3768, and 3769. The Commission will consider a Motion of Intent to Initiate Amendments to the General Plan that revises the Rincon Hill Area Plan.
Preliminary Recommendation: Adopt the Motion of Intent to Initiate Amendments to the General Plan.
20b. 2000.1081 EMTZ (M. FOSTER (415) 558-6362)
RINCON HILL PLAN - Assessor's Blocks 3744, 3745, 3746, 3747, 3748, 3749 (excluding lots 052, 061, 062, and 064), 3766 (excluding lots 018 and 019), 3767, 3768, and 3769. The Commission will consider a Motion of Intent to Initiate Amendments to the Planning Code consistent with the Rincon Hill Area Plan.
Preliminary Recommendation: Adopt a Motion of Intent to Initiate Amendments to the Planning Code text.
20c. 2000.1081 EMTZ (M. FOSTER (415) 558-6362)
RINCON HILL PLAN - Assessor's Blocks 3744, 3745, 3746, 3747, 3748, 3749 (excluding lots 052, 061, 062, and 064), 3766 (excluding lots 018 and 019), 3767, 3768, and 3769. The Commission will consider a Motion of Intent to Initiate Amendments to the Zoning Map consistent with the Rincon Hill Area Plan.
Preliminary Recommendation: Adopt a Motion of Intent to Initiate Amendments to the Zoning Map.
21. 2003.1152E (J. NAVARRETE: (415) 558-5975)
329 BAY STREET - Appeal of a Preliminary Mitigated Negative Declaration. The project site is on the south side between Mason and Powell Streets, with street frontage also on Vandewater Street, on Lot 036 in Assessor's Block 0041. The proposed project is the demolition of an existing one-story, 8,550 square-foot retail building, and the construction of a 40-foot tall four-story building that would contain 21 residential units, approximately 2,000 square feet of ground level retail, plus a one-level basement garage with 21 spaces with access from Vandewater Street. The approximately 39,000 gross square-foot building would cover the 8,640 square-foot site. The ground floor retail space would face Bay Street. Pedestrian access would be from Bay and Vandewater Streets. One mature street tree would be removed on the Vandewater Street frontage of the site and replaced with two new street trees. The site is zoned C-2 (Community Business District), in the Northern Waterfront Special Use District #2, and a 40-X Height and Bulk District. The project would require a Variance from Planning Code rear yard requirements.
Preliminary Recommendation: Uphold Mitigated Negative Declaration
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))