June 9, 2005
Notice of Meeting
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett
Thursday, June 9, 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.
Separate broadcast service is now available at:
View the 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. 2004.1078D (J. PURVIS: (415) 558-6354)
2417 BRYANT STREET - east side south of 22nd Street; Lot 023 in Assessor's Block 4151 - Request for Discretionary Review of Building Permit Application No. 2004.02.27.7308 proposing the addition of two full floors for two additional dwelling units to an existing single-family dwelling in an RM-1 (Residential, Mixed, Low-Density) Use District, and a 40-X Height and Bulk District.
Preliminary Recommendation: Pending
(Continued from Regular Meeting of April 28, 2005)
(Proposed for Continuance to June 16, 2005)
2. 2003.0672CE (I. NISHIMURA: (415) 558-5967)
5800 THIRD STREET RESIDENTIAL AND COMMERCIAL MIXED-USE PROJECT - Appeal of Preliminary Mitigated Negative Declaration - The proposed project would consist of construction of a residential and commercial mixed-use development after demolition of a defunct bottling plant facility at 5800 Third Street (Assessor's Block 5431A, Lot 001), at the southwest corner of Third Street and Carroll Avenue in the Bayview neighborhood. The project would include 355 multi-family residential units in four buildings, 13,000 gross square feet (gsf) of ground floor retail space in two of the buildings that would be along Third Street, and 379 off-street parking spaces in the four buildings. The four buildings would total 641,920 gsf in size, ranging in height from 50 to 60 feet tall (four to five stories) and would be built around a central plaza and a private driveway with two visitor loading spaces, with access from Carroll Avenue. Sixteen surface parking spaces for the retail uses would be provided on the south side of the project site, with access provided from a right-turn-only driveway on Third Street at the southern boundary of the site. Twenty surface parking spaces for visitors would be provided along the central private driveway. Currently, the 5.75-acre site is occupied by a three-story, 103,000-gsf closed Coca-Cola bottling plant constructed in 1966, which would be demolished. Current use of the site is temporary parking of moving company trucks and charter buses. The site is within an M-1 (Light Industrial) District, the Third Street Special Use District (SUD), a 65-J Height and Bulk District, and the proposed Bayview Hunters Point Redevelopment Projects and Zoning Health Center Activity Node. The project would require Conditional Use Authorization for a Planned Unit Development and for residential uses in an M-1 District by the Planning Commission, which is a public hearing process.
(Proposed for Continuance to July 21, 2005)
3. 2004.1234D (J. PURVIS: (415) 558-6354)
1140 POTRERO AVENUE - west side north of 24th Street; Lot 009 in Assessor's Block 4211 - Mandatory Discretionary Review, under Planning Commission policy requiring review of all housing demolition permits, of Demolition Permit Application No. 2004.07.23.9615, proposing the demolition of a one-story-over-garage, single-family dwelling in an RH-3 (Residential, House, Three-Family) Use District, and a 65-A Height and Bulk District.
Preliminary Recommendation: Pending.
(Proposed for Continuance to July 21, 2005)
4. 2005.0148D (J. PURVIS: (415) 558-6354)
1140 POTRERO AVENUE - west side north of 24th Street; Lot 009 in Assessor's Block 4211 - Mandatory Discretionary Review, under Planning Commission policy requiring review of all replacement structures following residential demolition, of Building Permit Application No. 2004.07.23.9619 proposing the construction of a three-story-over-garage, three-family dwelling in an RH-3 (Residential, House, Three-Family) Use District, and a 65-A Height and Bulk District.
Preliminary Recommendation: Pending.
(Proposed for Continuance to July 21, 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. REGULAR CALENDAR
8. 2004.1339C (B. FU: (415) 558-6613)
1057 MISSISSIPPI STREET - eastside between 23rd and 25th Streets, Lot 011 in Assessor's Block 4224 - Request for Conditional Use Authorization under Planning Code Section 215 and pursuant to Planning Code Section 303, to allow the construction of three (3) dwelling units in a M-1 (Light Industrial) District with a 40-X Height and Bulk designation, and in a Housing/PDR overlay as designated by Planning Commission Resolution No. 16727.
9. 2004.1254C (B. FU: (415) 558-6613)
1077 MISSISSIPPI STREET - eastside- between 23rd and 25th Streets, Lot 050 in Assessor's Block 4224 - Request for Conditional Use Authorization under Planning Code Section 215 and pursuant to Planning Code Section 303, to allow the construction of three (3) dwelling units in a M-1 (Light Industrial) District with a 40-X Height and Bulk designation, and in a Housing/PDR overlay as designated by Planning Commission Resolution No. 16727.
Preliminary Recommendation: Approval with Conditions
10a. 2004.0032D (J. PURVIS: (415) 558-6354)
43 HAMILTON STREET - east side south of Silver Avenue; Lot 007 in Assessor's Block 5919 - Mandatory Discretionary Review, under Planning Commission policy requiring review of all housing demolition permits, of Demolition Permit Application No. 2002.10.17.9296 proposing the demolition of a one-story, single-family dwelling in an RH-1 (Residential, House, One-Family) Use District, and a 40-X Height and Bulk District.
Preliminary Recommendation: Take Discretionary Review and disapprove the demolition.
(Continued from Regular Meeting of June 2, 2005)
10b. 2004.0033D (J. PURVIS: (415) 558-6354)
43 HAMILTON STREET - east side south of Silver Avenue;
Lot 007 in Assessor's Block 5919 - Mandatory Discretionary Review,
under Planning Commission policy requiring review of all replacement structures
following residential demolition, of Building Permit Application No. 2002.10.17.9298
proposing the construction of a two-story single-family dwelling in an
RH-1 (Residential, House, One-Family) Use District, and a 40-X Height
and Bulk District.
Preliminary Recommendation: Take Discretionary Review and disapprove
the new construction.
(Continued from Regular Meeting of June 2, 2005)
11. 2004.1204D (S. VELLVE: (415) 558-6263)
1420 HAIGHT STREET - north side between Masonic Avenue and Ashbury Street; Lot 005 in Assessor's Block 1232 - Request for Discretionary Review of Building Permit Application No. 2003.12.21.3024 proposing to legalize a stair penthouse and elevator mechanical equipment constructed without permits at the rear of the roof of the subject building, which houses Shoe Biz, in the Haight Street Neighborhood Commercial District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the project.
NOTE: This item was originally heard on Thursday, April 21, 2005 when the Commission held a public hearing, took public testimony, closed the public hearing, and passed a motion to take discretionary review and disapprove the permit. Subsequently, a written request that the Discretionary Review case be re-heard by the Commission was accepted on the basis that new information had become available. The Commission President instructed that this item be scheduled for possible reconsideration. The variance request associated with this permit is not subject to the re-hearing.
12. 2005. 0263D (D. SIROIS: (415) 558-6313)
387-391 MONTEREY BOULEVARD - south side, between Congo & Detroit, Lot 029, Assessor's Block 3118 - Request for Discretionary Review of Building Permit Application 2004.10.06.6166, to construct a one-story vertical addition on the existing two-family building and to construct a horizontal addition to the rear of the building. The subject property is located in an RH-2 (Residential, House, Two-Family) District and in a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed.
13a. 2004.0874D (M. SMITH: (415 558-6322)
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))
WORKSHOP & DISCUSSSION
On Wednesday, June 15, 2005, at 5:00 p.m. in Room 250 at City Hall (Board of Supervisors Chamber) members of the Planning Commission and the Board of Appeals will discuss the role and relationship between their respective bodies. They will also discuss the interpretation and implementation of the following Planning Commission policies: Residential Demolition Policy and Dwelling-Unit Merger Policy.