June 18, 2009
Notice of Meeting
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, June 18, 2009
President: Ron Miguel
Vice-President: Christina R. Olague
Commissioners: Michael J. Antonini; Gwyneth Borden; 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.
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 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 _________
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.
1. 2006.0430E (J. RANGE: (415) 575-9018)
870 Harrison Street - north side of Harrison Street between 4th and 5th Streets; Lot 019 of Assessor's Block 3752 - Appeal of Preliminary Mitigated Negative Declaration for the proposed demolition of an existing vacant industrial building and construction of a 65-foot tall mixed use Production Distribution and Repair (PDR) and residential building. The approximately 26,385 square foot (sf) building would include either 4,050 sf of ground floor PDR space or 2,560 sf of ground floor PDR space to accommodate a 25 percent at grade rear yard. The project would also include 26 dwelling units, with a total of 16 parking spaces. The project is located within the West South of Market neighborhood and is within a Residential/ Service District (RSD) and a 40-X/85-B height and bulk district.
Preliminary Recommendation: Uphold Preliminary Negative Declaration
APPEAL OF PRELIMINARY MITIGATED NEGATIVE DECLARATION WITHDRAWN
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
2. 2009.0057C: (C. JAROSLAWSKY (415) 558-6348)
5735 Mission Street - southeast side of Mission Street, between Whittier and Oliver Streets, Block 6473, Lot 040 - Request for Conditional Use Authorization under Planning Code Sections 303, 711.21 and 711.81 to install a Residential Care Facility, to house 40 persons, providing lodging, board, and 24-hour care with no outpatient care. The property is located within the NC-2 (Small-Scale Neighborhood Commercial) and within the 40-X height and bulk District of San Francisco.
Preliminary Recommendation: Approval with Conditions.
3. 2009.0326C (E. Watty: (415) 558-6620)
999 BROTHERHOOD WAY - south side between Lake Merced and Junipero Serra Boulevards; Lot 016 in Assessor's Block 7380 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.3(f) and 303, to allow a child-care facility that would provide less than 24-hour care by licensed personnel for 13 or more children. The facility is located at the site of the Holy Trinity Greek Orthodox Church, which was previously occupied by an elementary school, as defined under Planning Code Section 209.3(g). The site is within an RH-1 (D) (Residential House - One-Family, Detached) District, Coastal Zone, and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with conditions.
C. 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. Consideration of Adoption:
- Draft Minutes of Regular Meeting of June 4, 2009.
5. 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
6. Director's Announcements
7. Review of Past Week's Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.
8. (B. BENDIX: (415) 575-9089)
1250 MISSOURI STREET - Informational presentation on the status of the project.
(Continued from Regular Meeting of June 4, 2009)
9. (T. FRYE: (415) 575-6822)
1 KEARNY STREET– PUBLIC ART
Informational presentation regarding the proposed public art component associated with Case No. 2004.0165EMZHX
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.
- REGULAR CALENDAR
10. (R. DUDLEY: (415) 575-9068)
JAPANTOWN BETTER NEIGHBORHOOD PLAN - Second of Two Informational Presentations on the Draft Japantown Better Neighborhood Plan. This two year community planning process has resulted in a draft plan that is seeking endorsement by the Commission on June 25th. The two informal presentations will be organized by topics. The first presentation provided an overview of the planning process and focused on the Draft Plan's recommendations for community and economic development and community heritage. This presentation will focus on recommendations for land use, built form, public realm and additional matters as requested by the Commission.
Preliminary Recommendation: No action required.
(Continued from Regular Meeting of June 4, 2009)
11a. 2008.0788CV (A. Starr: (415) 558-6362)
50-52 GRENARD TERRACE - located in the middle of the block bounded by Van Ness Avenue, Lombard Street, Polk Street and Greenwich Street, Lot 009, in Assessor's Block 0502 - Request for Conditional Use Authorization under Planning Code Sections 253, 303 and 317 to construct a building higher than 40' in height and to demolish the two-unit, two-story over garage building with four bedrooms, and to construct a two-unit, three-story over garage with penthouse building with 5 bedrooms in a RH-3 (Residential, House, Three-Family) District and a 65-A Height and Bulk District.
Preliminary Recommendation: Disapprove
(Continued from Regular Meeting of June 4, 2009
11b. 2008.0788CV (A. Starr: (415) 558-6362)
50-52 GRENARD TERRACE - located in the middle of the block bounded by Van Ness Avenue, Lombard Street, Polk Street and Greenwich Street, Lot 009, in Assessor's Block 0502 - Request for Variances from the front setback and rear yard requirements pursuant to Sections 132 and 134 of the Planning Code, to allow the proposed building to be located within the required 6' front setback and to be located within the required 15' rear yard setback within an RH-3 (Residential, House, Three-Family) District and a 65-A Height and Bulk District.
(Continued from Regular Meeting of June 4, 2009)
12a. 2006.0430CVK (E. JACKSON: (415) 558-6363)
870 Harrison Street - northwest side, between 4th and 5th Streets, Lot 019 in Assessor's Block 3752 – Request for Conditional Use (CU) Authorization under Planning Code Sections 157, 263.11(a), 263.11(b)(2), 303, and 815.26 to demolish an existing vacant two-story industrial building and construct a six-story, 65-foot-tall mixed-use building containing up 26 dwelling units and Production Distribution and Repair (PDR) space, and a Residential Community Parking Garage. The proposed project is located within San Francisco's South of Market Area (SoMa) and within the West SoMa Planning Area. The project site is within the Residential Service District (RSD), a 40-X/85-B Height and Bulk District, and the Youth and Family Special Use District.
12b. 2006.0430CV: (E. JACKSON: (415) 558-6363)
870 Harrison Street - northwest side, between 4th and 5th Streets, Lot 019 in Assessor's Block 3752 – Request for determination of shadow impacts and exception under Planning Code Sections 147, 263.11(b)(1), and 307 to demolish an existing vacant two-story industrial building and construct a six-story, 65-foot-tall mixed-use building containing up 26 dwelling units and Production Distribution and Repair (PDR) space, and a Residential Community Parking Garage. The Zoning Administrator will make a determination on the shadow impact of the new construction in accordance with the provisions of Planning Code Section 307. The proposed project is located within San Francisco's South of Market Area (SoMa) and within the West SoMa planning area. The project site is within the Residential Service District (RSD), a 40-X/85-B Height and Bulk District, and the Youth and Family Special Use District.
13. 2009.0230D (C. LAMORENA: (415) 575-9085)
138-25th AVENUE - ease side between El Camino Del Mar and Lake Street; Lot 024 in Assessor's Block 1334 - Request for Discretionary Review of Building Permit Application No. 2008.07.08.6192, proposing to construct a ground level addition and 1st story infill addition at the rear of the two-story over garage, single-family dwelling in a RH-1 (Residential House, Single-Family) Zoning District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the project.
14. 2009.0337D (C. TEAGUE: (415) 575-9081)
574 NATOMA STREET – north side, between Russ and 7th Streets, Lot 075 of Assessor's Block 3726 - Request for Discretionary Review of Building Permit Application No. 2008.09.25.2702, proposing to construct a four-story residential building containing 11 Single Room Occupancy (SRO) units in a RED (Residential Enclave District) Zoning District and 45-X Height and Bulk District.
Preliminary Recommendation: Do Not Take Discretionary Review and Approve the Project as Proposed.
(Continued from Regular Meeting of June 11, 2009)
15. (S.DENNIS: (415) 558-6251/K.DISCHINGER: 558-6284)
HOUSING ELEMENT UPDATE - Informational Presentation for the 2009 Update of the Housing Element - The presentation will include an introduction to Part 2 of the Housing Element, the General Plan policy section, which consists of Objectives and Policies to address the City's housing needs, as well as Implementation Programs for each policy. A preliminary draft of Part 2 of the Housing Element is expected to be released on June 18th, 2009.
16a. 2009.0227TU (E. Forbes: (415) 558-6417)
DISCRETIONARY REVIEW REFORM: COMMISSION POLICIES AND PROCEDURES - Consideration of adoption of policies and procedures to reform discretionary review, including implementation of an 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," allowing requests for Planning Department reconsideration of Residential Design Standards application, and a defined timeline for the processing of discretionary review applications.
Preliminary Recommendation: Adoption
NOTE: On April 2, 2009, following public testimony, the Commission passed a motion to continue the item to the call of the chair
(Continued from Regular Meeting of May 14, 2009)
16b. 2009.0227TU (E. Forbes: (415) 558-6417)
DISCRETIONARY REVIEW REFORM: AMENDMENTS TO PLANNING CODE SECTIONS 311 AND 312 - an Ordinance to amend Planning Code Sections 311, 312, 352 and 355, 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, to change all Planning Code references of the "residential design guidelines" to "residential design standards," to enjoin project sponsors from requesting discretionary review on their own projects , to amend Planning Code Section 352 to clarify that Mandatory Discretionary Reviews includes Planning Department initiated reviews, and to amend Planning Code Section 355 to allow for the collection and refund of fees associated with Planning Department reconsideration of Residential Design Standards application, and to adopt environmental and Planning Code Section 302 findings.
Preliminary Recommendation: Recommend adoption to the Board of Supervisors
NOTE: On April 2, 2009, following public testimony, the Commission adopted a resolution of intent to initiate Code amendments for hearing on May 14, 2009.
(Continued from Regular Meeting of May 14, 2009)
G. 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
- directing staff to place the item on a future agenda. (Government Code Section 54954.2(a))