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Seal of the City and County of San Francisco
City and County of San Francisco
Public Hearings 
 
April 2, 2009

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, April 2, 2009

2:00 PM

Regular Meeting

President: Ron Miguel

Vice-President: Christina R. Olague

Commissioners: Michael J. Antonini; Gwyneth Borden; 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.

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 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, 1650 Mission St., 4th floor reception.

2:00 PM _________

ROLL CALL:

President: Ron Miguel

Vice-President: Christina R. Olague

Commissioners: Michael J. Antonini; Gwyneth Borden; 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.

B. 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

1. 2009.0041C (C. JAROSLAWSKY: (415) 558-6348)

1351 Taraval Street - south side of Taraval Street, between 23rd and 24th Avenues, Block 2402, Lot 026 - Request for Conditional Use Authorization under Planning Code Sections 711.1 and 303 to allow a small, self-serve restaurant within an NC-2 District.

Preliminary Recommendation: Approval with Conditions

C. COMMISSIONERS' QUESTIONS AND MATTERS

2. 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.

D. DIRECTOR'S REPORT

3. Director's Announcements

4. Review of Past Week's Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.

E. 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.

F. 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.

  1. CONSIDERATION OF FINDINGS AND FINAL ACTION – PUBLIC HEARING CLOSED

5. 2006.0203E (C. Dovzak: (415) 575-9030)

San Andreas Pipeline No.3 Installation Project - San Pedro Valve Lot (SPVL) in Daly City to Merced Manor Reservoir (MMR) in San Francisco. Certification of the Final Environmental Impact Report - The San Francisco Public Utilities Commission (SFPUC) is sponsoring a proposed project that requires the installation of approximately 23,400 feet (4.4 miles) of new pipeline to extend the existing San Andreas Pipeline No. 3 (SAPL3) from the San Pedro Valve Lot (SPVL) in Daly City to Merced Manor Reservoir (MMR) in San Francisco. For approximately half its length, the pipeline would follow the alignment of the abandoned Baden Merced Pipeline. Where the proposed SAPL 3 alignment differs from the existing BMPL alignment, the BMPL would either be filled with a concrete slurry mixture or would be capped. The alignment follows city streets, except in two locations (the San Francisco Golf Club and the Lake Merced Golf Club). The Project would be constructed using the open-trench method ( cut and cover ) for most of the pipeline and a trenchless ( jack and bore ) method at high-traffic intersections (at John Daly Boulevard and Sheffield Drive in Daly City, at 19th Avenue and Crespi/Holloway Avenue in San Francisco, and at 19th Avenue and Eucalyptus Drive in San Francisco). In addition to the pipeline main, the Project also includes the installation of crossover pipelines, five customer service connections, various underground vaults, appurtenances, and a cathodic projection system.

Preliminary Recommendation: Certify the Environmental Impact Report

Please note: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on January 28, 2009. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission during the Public Comment portion of the Commission calendar.

  1. REGULAR CALENDAR

6. 2009.0061C (M. SMITH: (415) 558-6322)

1511 SLOAT BOULEVARD- south side between Everglade and Clearfield Drives, Lot 002 in Assessor's Block 7255 - Request for Conditional Use Authorization pursuant to Planning Code Section 780.44 to establish a new small, self-service restaurant (d.b.a.  Nubi Yogurt ) in the tenant space previously occupied by  T-Mobile within the Lakeshore Plaza Shopping Center, located within a NCS (Neighborhood Commercial Shopping Center) District, the Lakeshore Plaza Special Use District, and a 26 - 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of March 5, 2009)

Note: On March 5, 2009, following public testimony the Commission continued the matter to April 2, 2009, to encourage a representative on behalf of the property management of the Lakeshore Plaza Shopping Center to attend the hearing, by a vote of +7 -0. The public hearing remains open.

7a. 2005.0876KECV (D. SÁNCHEZ: (415) 575-9082)

345 6TH STREET - southeast corner of 6th Street and Shipley Street; Lot 081 in Assessor's Block 3753 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 157, 175.6(e)(1), 261.1, 263.11, 271, and 303 to allow to demolish a one story, 3,000 gross square foot vacant office building and construct a 5-story, 54 foot tall mixed-use development. The project proposes 36 residential units, 3,000 square feet of ground floor commercial space, 19 off street parking spaces and 5 below market rate units. The subject property is utilizing Planning Code Section 175.6 to seek approvals under the Residential/Service Mixed Use (RSD) Zoning District and a 40-X/85-B Height and Bulk District as an Eastern Neighborhoods pipeline project. Under the Eastern Neighborhoods Zoning the property is within the Mixed Used Residential (MUR) Zoning District and an 85-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions

7b. 2005.0876KECV (D. SÁNCHEZ: (415) 575-9082)

345 6TH STREET - southeast corner of 6th Street and Shipley Street; Lot 081 in Assessor's Block 3753 - Request for Variances, pursuant to Planning Code Sections 134(e) and 307(g) to modify the rear yard requirement in the Residential/Service Mixed Use District. The project proposes 36 residential units, 3,000 square feet of ground floor commercial space, 19 off street parking spaces and 5 below market rate units. The subject property is utilizing Planning Code Section 175.6 to seek approvals under the Residential/Service Mixed Use (RSD) Zoning District and a 40-X/85-B Height and Bulk District as an Eastern Neighborhoods pipeline project.

8. 2008.0733C (A. PUTRA: (415) 575-9079)

1166 Geneva Avenue - on the south side of Geneva Avenue, between of Madrid Street and Naples Street; Lot 031 in Assessor's Block 6413 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 710.27, and 303 to allow hours of operation between 11:00 PM and 2:00 AM for an existing Full-service Restaurant and Bar use (dba  The Broken Record ) located in an NC-1 (Neighborhood Commercial, Cluster) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Disapproval

9a. 2008.0359D (S. Caltagirone: (415) 558-6625)

7 SEYMOUR STREET - west side between Turk Street and Golden Gate Avenue; Lot 023 in Assessor's Block 1154 - Request for Discretionary Review of Building Permit Application No. 2007.12.20.0979, proposing to install a garage opening at the front façade and to legalize as a dwelling unit the existing single-story cottage located in the rear yard of the subject two-story, two-unit building within an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

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

9b. 2009. 0104V (S. Caltagirone: (415) 558-6625)

7 SEYMOUR STREET - west side between Turk Street and Golden Gate Avenue; Lot 023 in Assessor's Block 1154 - Request for Variances under Planning Code Sections 134 and 188 to legalize as a dwelling unit the existing single-story cottage located in the rear yard of the subject two-story, two-unit building within an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

5:30 P.M.

10a 2009.0227TU (E. Forbes: (415) 558-6417)

DISCRETIONARY REVIEW REFORM: COMMISSION POLICIES AND PROCEDURES - Consideration of adoption of policies and procedures in an effort to reform discretionary review, including implementation of improved and standardized pre-application process, improved public information access, a more consistent and predictable design review process, a definition and application of "exceptional and extraordinary circumstances", renaming the "Residential Design Guidelines" to "Residential Design Standards," and a defined timeline for the processing of discretionary review applications.

Preliminary Recommendation: Adoption

10b 2009.0227TU (E. Forbes: (415) 558-6417)

DISCRETIONARY REVIEW REFORM: INITIATE AMENDMENT TO PLANNING CODE SECTIONS 311 AND 312 - Consideration of a Resolution of Intent to Initiate an Ordinance to amend Planning Code Sections 311 and 312 to state that a request for discretionary review will be heard by the Planning Commission or its designee, if the application demonstrates exceptional and extraordinary circumstances, and change all Planning Code references of the "residential design guidelines" to "residential design standards."

Preliminary Recommendation: Adoption

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

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

Adjournment:

Last updated: 11/17/2009 10:00:02 PM