April 3, 2008
Notice of Meeting
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, April 3, 2008
President: Christina R. Olague
Commissioners: Michael J. Antonini; M. Sue Lee; William L. Lee; Kathrin Moore;
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
View the broadcast live, Thursdays on Cable Channel 78.
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: 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 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 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, 1650 Mission St., 4th floor reception.
1:30 PM _________
Commission President: Christina R. Olague
Commissioners: Michael J. Antonini; M. Sue Lee; William L. Lee;
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.
1. 2006.1354D (S. VELLVE: (415) 558-6263)
1166 HAIGHT STREET - north side between Baker and Lyon Streets, Lot 014 in Assessor's Block 1235 - Request for Discretionary Review of Building Permit Application No. 2005.10.19.5970 to install a below-grade garage to create approximately eight off-street parking spaces for a building containing twelve units located in an RM-1 (Mixed, Low Density) and 40-X Height/Bulk District.
Preliminary Recommendation: Pending
(Continued from Regular Meeting of February 7, 2008)
(Proposed for Indefinite Continuance)
2. 2005.0651CEK (A. BEN-PAZI: (415) 575-9077)
580 HAYES STREET - north side between Laguna and Octavia Streets, Lot 010 in Assessor's Block 0807 - Request for Conditional Use Authorization. The project requires Conditional Use Authorization for an institutional use above the ground floor, for a non-residential use larger than 3,000 square feet and for development of a lot larger than 10,000 square feet. The site is within the Hayes-Gough Neighborhood Commercial District, and a 50-X Height and Bulk District, but is to be reviewed under the pending Market and Octavia zoning controls, which would increase the height limit to 55 feet. Any approvals by the Planning Commission will be so conditioned as to take effect only when the Market and Octavia zoning controls become effective. The project proposes to demolish the existing building and construct a mixed use building containing approximately 2,700 square feet of ground floor retail space along Hayes Street, an assisted living facility of approximately 48 units, 42 independent living group housing units for seniors and 17 off-street parking spaces in an underground garage accessed off of Ivy Street. The proposed building would be 5 stories and 55 feet in height over a below grade basement, totaling approximately 63,000 square feet.
Preliminary Recommendation: Approval with conditions
(Proposed for Continuance to April 10, 2008)
3. 2007.1280C (A. HOLLISTER: (415) 575-9078)
1680 MARKET STREET - north side between Gough and Franklin Streets, Lot 005 in Assessor's Block 0854 - Request for conditional use authorization to establish a Large Fast Food Restaurant (d.b.a Subway) of approximately 1200 square feet. Additionally, Conditional Use authorization will be required for a Formula Retail use at the subject site as defined by Section 703.3 of the Planning Code. This site is within a NC-3 (Moderate-Scale) Neighborhood Commercial District, and an 80-A Height and Bulk District.
Preliminary Recommendation: Disapproval
(Continued from Regular Meeting of March 20, 2008)
(Proposed for Continuance to April 17, 2008)
4. 2007.1287C (D. SANCHEZ: (415) 575-9082)
2128 MISSION STREET - between 17th and 18th Streets, Lot 004 in Assessor's Block 3576 - Request for Conditional Use Authorization under Planning Code Sections 703.3, 703.4, 781.5 and 303 to allow a formula retail use (dba Subway) within an NC-3 (Moderate-Scale Neighborhood Commercial) Zoning District, the Mission Street Fast-Food Subdistrict and a 65-B Height and Bulk designation.
Preliminary Recommendation: Approval with Conditions
(Proposed for Continuance to May 15, 2008)
5. 2007.1256C (K. GUY: (415) 558-6163)
401-431 COLUMBUS AVENUE - west side between Stockton and Vallejo Streets, Lot 026 of Assessor's Block 0131 - - west side between Stockton and Vallejo Streets, Lot 026 of Assessor's Block 0131 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 722.21, 722.41, and 722.42 to expand an existing full-service restaurant and bar (dba Panta Rei Restaurant), and to allow a use size in excess of 2,000 square feet within the North Beach NCD (Neighborhood Commercial District), and a 40-X Height and Bulk District. The proposal is to expand the existing 1,500 square-foot restaurant and bar to occupy the adjacent existing storefront. The expanded restaurant and bar would measure a total of 2,040 square feet.
Preliminary Recommendation: Disapproval
(Continued from Regular Meeting of March 20, 2008)
(Proposed for Continuance to May 1, 2008)
B. COMMISSIONERS' QUESTIONS AND MATTERS
6. COMMISSION'S RULES AND REGULATIONS - Discussion and possible action to amend the Commission's Rules and Regulations to address imposing time constraints on submittal of documents and material for review by the Commission and the public; discuss and possibly establish rules or policies that address other areas of interest of the Commission.
(Continued from Regular Meeting of February 28, 2007)
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 and Board of Appeals
10. (S. SANCHEZ (415) 558-6326)
ACADEMY OF ART UNIVERSITY ENFORCEMENT AND INSTITUTIONAL MASTER PLAN UPDATE (IMP) - Possible Informational presentation/discussion on the status of pending enforcement cases and preparation of IMP by the Academy of Art University. Item to be presented as new information is available.
11. 2004.0773E!MTZC (L. BADINER: (415) 558-6350)
55 LAGUNA STREET (a.k.a. 218 - 220 BUCHANAN STREET) - most of the blocks bound by Laguna, Haight, Buchanan and Hermann Streets, Lots 1, 2 and a portion of Lot 3 in Assessor's Block 870 and Lots 1 and 1A in Assessor's Block 857 - Discussion of the Planning Commission condition requiring Landmarks Preservation Advisory Board review of the project, and related CEQA findings, Mitigation Monitoring and Reporting Program.
(Continued from Regular Meeting of March 27, 2008)
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
12. 2007.1095C (S. YOUNG: (415) 558-6346)
2040 FILLMORE STREET - east side between California and Pine Streets; Lot 022 in Assessor's Block 0653 - Request for Conditional Use Authorization under Sections 703.4, 303(c), and 303(i) of the Planning Code to establish a Formula Retail Use in the Upper Fillmore Street Neighborhood Commercial Zoning District and a 40-X Height and Bulk District. The proposal is to convert a vacant retail sales establishment (previously occupied by "Smith & Hawken") to another retail sales establishment (dba "Ralph Lauren", an apparel, and accessories store). The proposed retail store is considered a Formula Retail Use under Section 703.3 of the Planning Code. The proposal will involve tenant improvements to the existing commercial space with new partitions and merchandise display areas and exterior modifications to the storefront with new windows and doors. There will be no expansion of the existing building envelope.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of March 6, 2008)
NOTE: On February 14, 2008, following public testimony, the Commission closed public hearing and passed a motion of intent to disapprove by a vote of +6 -1. Commissioner Antonini voted no. Final Language March 6, 2008.
NOTE: On March 6, 2008, without a hearing the Commission continued the matter to April 3, 2008 by a vote of +4 -2. Commissioners Moore and Sugaya voted no.
G. 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.
13. 2007.1462T (A. RODGERS: (415) 558-6395)
AMEND SUPERSEDED HEIGHT AND BULK PROVISIONS IN THE NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT - [BOARD FILES NO 071674] - On December 11th, 2007 Supervisor Peskin proposed an Ordinance amending the San Francisco Planning Code Section 722.10 and the Zoning Control Table in Section 722 to delete building height and bulk provisions superseded by Ordinance No. 20-88. Currently the Planning Code includes an outdated reference alluding to the ability to construct buildings between 41- 65' by conditional use permit in the North Beach Neighborhood Commercial District. In fact, the zoned height limits for this area are 40' and cannot be exceeded by conditional use. The proposed Ordinance is before the Commission so that it may recommend adoption, rejection, or adoption with modifications to the Board of Supervisors.
Preliminary Recommendation: Approval
14. 2008.0205T (T. SULLIVAN-LENANE (415) 558-6257)
AMENDMENTS RELATING TO MEDICAL CANNABIS DISPENSARY PLANNING CODE SECTIONS 209.3, 217, 790.141, AND 890.133 - Ordinance introduced by Supervisor Daly amending the San Francisco Planning Code to extend the time period for medical cannabis dispensaries to obtain final permits from March 1, 2008 to January 21, 2009.
Preliminary Recommendation: Approval.
H. REGULAR CALENDAR
15. 2007.0434DDD (E. JACKSON: (415) 558-6363)
398 PENNSYLVANIA AVENUE - northwest corner of 19th Street and Pennsylvania Avenue, Lot 009 in Assessor's Block 4039 - Request for Discretionary Review of Building Permit Application No. 2007.09.12.2410, proposing to construct a horizontal rear addition on the ground floor and a partial fourth floor to an existing three-story single-family residence in a RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.
Preliminary Recommendation: Take Discretionary Review and approve the Building Permit Application with modifications.
(Continued from Regular Meeting of March 20, 2008)
NOTE: On February 28, 2008, following public testimony, the Commission closed public hearing and required the Project Sponsor to submit altered/modified plans. The matter was continued to March 20, 2008. The item is to be placed at the start of the Regular Calendar and the public hearing will remain open to address the new plans.
16. (M. SNYDER: (415) 575-6891)
INFORMATIONAL PRESENTATION BY THE MAYOR'S OFFICE OF HOUSING ON HOPE SF AND THE HUNTERS VIEW REDEVELOPMENT PROJECT - 227 West Point Road, Assessor's Block 4624; Lots 003 and 004; and Assessor's Block 4720, Lot 027. The City is embarking on a project to transform the existing Housing Authority project sites into new mixed-income residential neighborhoods that provide a variety of housing types that are better integrated into their surrounding neighborhood fabrics. This presentation is to discuss the overarching "Hope SF Principals," the first proposed project at Hunters View, and the next steps for the overall effort.
(Continued from Regular Meeting of March 27, 2008)
17. 2007.0168E (N. TURRELL: (415) 575-9047)
HUNTERS VIEW REDEVELOPMENT PROJECT - Public Hearing on the Draft Environmental Impact Report (EIR) - The 22.5-acre project site, the existing Hunters View Public Housing, is comprised of two adjacent properties. The first is at Middle Point and West Point Roads and Wills and Hare Streets, Assessor's Block 4624, Lots 3, 4 and 9. The second is along Keith Street, Assessor's Block 4720, Lot 27. The San Francisco Housing Authority and Hunters View Associates, LP, assisted by the San Francisco Redevelopment Agency and the Mayor's Office of Housing propose to construct up to 800 residential units in multiple buildings. The project would replace one-for-one the existing 267 public housing units, and would result in a mixed-income community comprised of for-rent and for-sale units at and below market rate, as well as public housing units. The project would also include housing constructed by Habitat for Humanity and resident-serving retail and community space, and up to 816 off-street parking spaces. The project would include improvements to access and circulation including realignment of some existing streets, and addition of new streets and sidewalks as well as areas of outdoor open space. Most of the project site is located within an RM-1 (Residential, Mixed-Use, Low Density) zoning district and a 40-X height and bulk district. A portion of the site is zoned RH-2 (Residential, House, Two-Family), NC-2 (Neighborhood Commercial, Small-Scale), and M-1 (Light Industrial). The proposed project would require a Zoning Map Amendment to rezone the site to 65-X, and Conditional Use Approval for a Planned Unit Development.
Preliminary Recommendation: No Action Required
NOTE: Written comments will be accepted at the Planning Department's offices until the close of business on April 14, 2008.
18. 2007.1450D (C. LAMORENA: (415) 575-9085)
4850 17TH STREET - north side between Shrader Street and Cole Street; Lot 014 in Assessor's Block 1287 - Request for Discretionary Review of Building Permit Application No. 2007.10.10.4991, proposing to add a three-story horizontal addition on the eastern portion and a one-story horizontal addition at the western portion at the rear of the existing 3-story, single-family dwelling in an RH-2 (Residential House, Two-Family) Zoning District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the project.
19. 2006.0608DDD (M. SMITH (415) 558-6322)
445 WAWONA STREET (a.k.a. ARDEN WOOD ESTATE) - west side of 15th Avenue between Wawona Street and West Portal Avenue, Lot 008 in Assessor's Block 2540 (individual lots not yet assigned) - Request for Discretionary Review of Building Permit Application Nos. 2006.09.22.3110, 2006.09.22.3106, and 2006.09.22.3113 proposing to construct three, three-story single family dwellings as part of a larger development for eight single-family dwellings on eight newly created lots that were recently subdivided from the Arden Wood Estate property, located in a RH-1(D) [Residential, House, One-Family (Detached)] District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed
I. 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))