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Public Hearings 
 

October 11, 2007

October 11, 2007

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

October 11, 2007

1:30 PM

Regular Meeting

President: Dwight S. Alexander

Vice-President: Christina R. Olague

Commissioners: Michael J. Antonini; M. Sue Lee; William L. Lee; 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.

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.

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 FranciscoLobbyist 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, 1660 Mission St., 5th floor reception.

1:30 PM _________

ROLL CALL: Commission President: Dwight S. Alexander

Commission Vice-President: Christina R. Olague

Commissioners: Michael J. Antonini; M. Sue Lee; William L. Lee;

Kathrin Moore; Hisashi Sugaya

  • 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. 2007.0594D (A. STARR: (415) 558-6382)

4811 GEARY BOULEVARD - south side between Funston and 12th Avenues; Lot 32F in Assessor's Block 1532 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of medical cannabis dispensaries, of Building Permit Application 2007.03.30.7704, to legalize an existing medical cannabis dispensary (dba The Hemp Center) within an NC-3 (Moderate Scale, Neighborhood Commercial) District and a 40-X Height and Bulk District.

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

(Proposed for Continuance to October 18, 2007)

2. 2006.1227C (R. CRAWFORD: (415) 558-6358)

5735-5757 Mission Street - southeast side between Whittier and Oliver Streets Lots 038, 039, 040 of Assessor's Block 6473 - Request for Conditional Use Authorization under Planning Code Sections 711.11 and 711.39 to develop a lot greater than 9,999 square feet in area and to demolish residential units above the ground floor in the NC-2 Small Scale Neighborhood Commercial District and a 40-X Height and Bulk District.

(Proposed for Continuance to October 25, 2007)

3. 2007.0584C (E. Watty: (415) 558-6620)

2298 MARKET STREET - northeast corner at Noe Street; Lot 015 in Assessor's Block 3560 - Request for Conditional Use Authorization, pursuant to Planning Code Section 303(e), to modify a previously approved Conditional Use Authorization in order to allow the existing large fast-food restaurant (D.B.A. Café Flore) to operate and provide outside food-service 24-hours a day, 7-days a week, and to allow  other entertainment – including amplified music – until 2 a.m. daily. The Subject Property is within the Upper Market Neighborhood Commercial District and 50-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to October 25, 2007)

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.

4. 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

5. Director's Announcements

6. Review of Past Week's Events at the Board of Supervisors and Board of Appeals

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


7.
(S. SANCHEZ/A. LIGHT/C. NIKITAS: (415) 558-6326//(415) 558-6306)

ANNUAL LIMIT UPDATE - Informational presentation on the status of four entitled office development projects that have exceeded their statutory eighteen month approval period. The four projects to be discussed are: 350 Bush Street (2000.541B), 500 Pine Street (2000.539B), 801 Market Street (2000.277B) and 3433 3rd Street (2000.1269B).

8. 2007.0682ET (C. NIKITAS: (415) 558-6306)

Amendments to Planning Code Section 242(e)(1)(A) - Ordinance introduced by Supervisor Ammiano as part of Board File No. 071216 that would amend a portion of the Planning Code to allow electric wind turbines that meet certain requirements to exceed the height limit of the Bernal Heights Special Use District, as permitted in other districts of the City.

Preliminary Recommendation: Approval

9. 2007.0511T (T. TAM: (415) 558-6325)

INSTITUTIONAL MASTER PLAN: HEALTH PLANNER: BOARD FILE 070678 - Forwarding a proposed ordinance with a recommendation to the Board of Supervisors amending the Planning Code (Section 304.5) to require a qualified health planner retained by the Department of Public Health to analyze the relationship to citywide health care needs of medical institutions' institutional master plans, revisions, and conditional use applications, to provide comments to the Planning Department, making environmental findings, and making findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval

(Continued from Regular Meeting of October 4, 2007)

10. 2005.0159E (D. Sokolove: (415) 575-9046)

Informational Presentation and Hearing to Receive Planning Commission's Comments on Draft Program Environmental Impact Report. - Water System Improvement Program – The San Francisco Public Utilities Commission (SFPUC) is sponsoring a proposed program, which consists of a series of facility improvement projects and a water supply strategy that, together, implement the SFPUC's service goals and system performance objectives for the regional water system in the areas of water quality, seismic reliability, delivery reliability, and water supply through the year 2030. The proposed program runs through several California counties, including Tuolumne, San Joaquin, Stanislaus, Alameda, Santa Clara, San Mateo and San Francisco counties. Additional hearings were held throughout the proposed program area, including one on September 20, 2007 before the Planning Commission. The SFPUC and the Planning Department will provide information to the Planning Commission about the Water System Improvement Program and the Draft Program Environmental Impact Report; the Draft Program Environmental Impact Report analyzes the environmental impacts of the Water System Improvement Program.

Preliminary Recommendation: No Action Required. Informational presentation and

hearing to receive comments on the Program EIR.

NOTE: THE COMMENT PERIOD FOR THIS DRAFT PROGRAM ENVIRONMENTAL IMPACT REPORT HAS BEEN EXTENDED. WRITTEN COMMENTS MAY BE SUBMITTED TO THE PLANNING DEPARTMENT UNTIL 5:00 P.M. ON OCTOBER 15, 2007.

11. (K. McGEE: (415) 558-6367)

BALBOAPARKSTATION AREA PLAN INFORMATIONAL PRESENTATION - The Balboa Park Station Area Plan is one of the three pilot projects of the Better Neighborhoods Program. The Plan lays out a two-part vision of providing housing opportunities close to transit, and re-engineering the area's public facilities. The draft Neighborhood Plan was published in 2002. The Draft Environmental Impact Report was released on September 22, 2007. This presentation aims to inform the Planning Commission of the Plan's goals, including a broad overview of its plan elements. The presentation will also serve as an up-date on work to date, and inform the Commission of upcoming events as the Plan moves closer to being before the Planning Commission for adoption.

Preliminary Recommendation: No action requested, informational item.

12a. 2007.0242CV (J. MILLER: (415) 558-6344)

875 Post Street - south side between Leavenworth and Hyde Streets, Lot 014 in Assessor's Block 0303 - Request for Conditional Use Authorization to reduce the parking requirement by one off-street parking space pursuant to Planning Code Section 161(h) in connection with the proposed construction of four dwelling units in the ground floor of the existing building. There would be no physical expansion of the existing building. Requests for Variances from the rear yard, open space, and dwelling unit exposure requirements of the Planning Code will be considered by the Zoning Administrator at the same hearing. The site is within an RC-4 (Residential-Commercial Combined, High Density) District, the North of Market Residential Special Use District (Subarea no. 2), and an 80-T Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of September 6, 2007)

12b. 2007.0242CV (J. MILLER: (415) 558-6344)

875 Post Street - south side between Leavenworth and Hyde Streets, Lot 014 in Assessor's Block 0303 - Request for Variance of Planning Code standards for rear yard, usable open space and dwelling-unit exposure in connection with the proposed construction of four dwelling units in the ground floor of the existing building. There would be no physical expansion of the existing building. The site is within an RC-4 (Residential-Commercial Combined, High Density) District, the North of Market Residential Special Use District (Subarea no. 2), and an 80-T Height and Bulk District.

(Continued from Regular Meeting of September 6, 2007)

13. 2007.0708C (S. YOUNG: (415) 558-6346)

311 - 12TH AVENUE - southwest corner of Clement Street and 12th Avenue; Lot 001 in Assessor's Block 1444: Request for Conditional Use Authorization under Sections 716.54 and 303 of the Planning Code to convert a vacant commercial space (previously occupied by a chiropractic office) with approximately 672 square feet of floor area into a massage establishment with accessory acupuncture and personal service uses (d.b.a. Clement Service Center) on the ground floor of an existing residential and commercial building in the Inner Clement Neighborhood Commercial Zoning District and a 40-X Height and Bulk District. The proposed massage establishment will provide Thai and Swedish massage services and accessory acupuncture and personal services for facials and other skin and beauty treatments. The proposal will involve tenant improvements to the existing commercial space. There will be no expansion of the existing building envelope.

Preliminary Recommendation: Approval with Conditions.

14. 2006.1148KC (A. HOLLISTER: (415) 558-9078)

1149 Jackson Street - south side between Jones and Taylor Streets, Lot 019B in Assessor's Block 0189 - Request for Conditional Use Authorization to construct an addition above a height of 40 feet in a residential zoning district. The proposed project is the addition of a partial fifth floor to the existing four-story, six-unit building. The project site is within an RH-3 (Residential, House, Three-Family) District and a 50-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

15. 2007.0579D (M. GLUECKERT: (415) 558-6543)

122 10TH STREET - west side between Mission Street and Howard Street; Lot 059 in Assessor's Block 3510 - Mandatory Discretionary Review of Building Permit Application No. 2007.05.18.1730s to maintain operation of an existing Medical Cannabis Dispensary (d.b.a.  San Francisco Medical Cannabis Clinic ). The parcel is located within a C-M (Heavy Commercial) Zoning District and a 130-L Height and Bulk District.

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

(Continued from Regular Meeting of September 6, 2007)

16. 2007.0673D (E. Watty: 415-558-6620)

194 Church Street - northwest side between 14th Street and Duboce Avenue; Lot 016 in Assessor's Block 3537 - Mandatory Discretionary Review, under the Planning Code Sections 721.84 and 790.141 requiring review of Medical Cannabis Dispensaries (MCDs), of Building Permit Application 2007.06.29.5642, to maintain operation of an existing MCD (d.b.a.  San Francisco Medical Cannabis Clinic, Church Street ). The property is located within the Upper Market Neighborhood Commercial District and a 80-B Height and Bulk District.

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

17. 2007.0631D (E. Watty 415-558-6620)

1545 Ocean Avenue - south side between Capitol and Miramar Avenues; Lot 011 in Assessor's Block 6936 - Mandatory Discretionary Review, under the Planning Code Sections 711.84 and 790.141 requiring review of Medical Cannabis Dispensaries (MCDs), of Building Permit Application 2007.06.20.4494, to maintain operation of an existing MCD (d.b.a.  Nor-Cal Herbal Relief Patients' Cooperative ). The property is located within an NC-2 (Neighborhood Commercial, Small Scale) Zoning District, Ocean Avenue Fast-Food Sub-district, and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve with conditions.

18. 2007.0628D (K. CONNER: (415) 575-6914)

2200 17TH AVENUE - east side at the southeast corner of the intersection with Rivera Street; Lot 039 in Assessor's Block 2333A - Request for Discretionary Review of Building Permit Application No. 2007.01.26.2734, proposing a third-story vertical addition, a two story southern side horizontal addition, and a rear horizontal addition to allow for egress stairs to a single-family dwelling in a RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

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

19. 2006.1413D (E. OROPEZA: (415) 558-6381)

1845-1851 MARKET STREET - south side between Guerrero and Pearl Streets; Lot 43 in Assessor's Block 3502 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of removal of a legal dwelling unit, for Building Permit Application no. 2006.1019.5508. The merger would reduce the number of legal dwelling units from 3 to 2 within the building fronting on Market Street. The property is located within the NC-3 (Moderate Scale) Neighborhood Commercial District, the Mission Alcoholic Beverage Special Use Subdistrict and an 105 / E Height and Bulk District.

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

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

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

Adjournment:

Last updated: 11/17/2009 9:59:59 PM