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Public Hearings 
 
June 25, 2009

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, June 25, 2009

1:30 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.

1:30 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.

1. 2007.0231D (G. CABREROS: (415) 558-6169)

2750 VALLEJO STREET - north side between Broderick and Divisadero Streets, Lot 006 in Assessor Block 0954 - Request for Discretionary Review of Building Permit Application No. 2008.08.14.9201 proposing facade alterations and rear and side horizontal additions to the existing three-story, single-family residence in an RH-1(D) (Residential House, One Family, Detached) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and Approve

(Proposed for Continuance to July 23, 2009)

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. 2009.0295C (S. LAI: (415) 575-9087)

2045 IRVING STREET (AKA 2031 IRVING STREET - south side between 21st and 22nd Avenues; Lot 011B of Assessor's Block 1776 - Request for Conditional Use Authorization, pursuant to Planning Code Sections, 711.44 and 303, to convert a retail commercial space to a small self-service restaurant (dba  Tuttimelon ), within the Irving Street Special Use NC-2 (Neighborhood Commercial, Small Scale District) and a 105-A 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.

3. Consideration of Adoption:

  • Draft Minutes of Regular Meeting of June 11, 2009.

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.

D. DIRECTOR'S REPORT

5. Director's Announcements

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

7. (M. SMITH: (415) 558-6322)

4024 26th Street - Informational presentation on the status of the project.

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.

  1. REGULAR CALENDAR

8. 2004.0130CV (J. MILLER: (415) 558-6344)

1353 Bush Street - south side between Larkin and Polk Streets, Lot 013 in Assessor's Block 0669 - Informational discussion for direction from the Commission whether a hearing should be held to revoke a Conditional Use authorization or whether an extension should be granted. The project was approved on July 14, 2005, in Motion No. 17063, for a use size in excess of 3,000 square feet for a music training facility ("Music City"). A condition of that Motion requires construction to commence within three years of the approval date. Although progress has been made, construction on the authorized project has not begun. The site is located in the Polk Street Neighborhood Commercial District and a 65-A Height and Bulk District.

9. 2008.0996C (A. HOLLISTER: (415) 575-9078)

1040 COLUMBUS AVENUE - east side between Francisco and Chestnut Streets, Lot 001 in Assessor's Block 0050 - Request for Conditional Use authorization to add a bar use (Type 47 ABC Liquor License) to an existing restaurant (DBA  Cable Car Restaurant ) and to legalize entertainment uses already found at the existing restaurant such as billiard tables. No construction is proposed under this application. This site is within the North Beach Neighborhood Commercial District, and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

10. 2005.1106E (J. BATTIS (415) 575-9022)

2655 BUSH STREET - Appeal of Preliminary Mitigated Negative Declaration. Lot 024 of Assessor's Block 1052, is located at the southwest corner of Divisadero and Bush Streets within the block bounded by Bush Street to the north, Divisadero Street to the east, Sutter Street to the south, and Broderick Street to the west, in the Western Addition neighborhood. The project is the demolition of the existing vacant two-story, 20-foot-high, approximately 48,000-square-foot, 116-bed convalescent facility with approximately 1,000 square feet of commercial space and a below-grade 22-space parking garage, and construction of a new four-to-six-story, 40-to-65-foot-high, 108,000-square-foot building with about 4,500 square feet of ground-level retail space and about 83 dwelling units above, and a below-grade parking garage for up to 99 vehicles. The 33,522-square-foot project site is within a NC-3 (Moderate-Scale Neighborhood Commercial) zoning district and a 40-X/65A height and bulk district.

(Continued from Regular Meeting of June 4, 2009)

11. 2005.1106C (A. STARR: (415) 558-6362)

2655 BUSH STREET - southwest corner of Bush and Divisadero Streets, Lot 024 in Assessor's Block 1052 -Request for Conditional Use Authorization under Planning Code Sections 303 and 304 to allow a Planned Unit Development for the construction of a new four-to-six story building that contains 81 residential units, 99 parking spaces and approximately 4180 sq. ft. of commercial space in an NC-3 (Medium Scale Neighborhood Commercial) District and a combination of 40-X and 65-A Height and Bulk Districts. The project also includes the demolition of the vacant two-story convalescent facility that currently occupies the site.

Preliminary Recommendation: Approval with Conditions

5:00 PM.

12. 2009.0227U. (R. DUDLEY: (415) 575-9068)

JAPANTOWN BETTER NEIGHBORHOOD PLAN - This two year community planning process has produced a draft plan which will be before the Commission for their consideration and possible acknowledgment by the Commission on June 25th. Two previous informational presentations provided an overview of the planning process and the Draft Plan's recommendations for community and economic development, community heritage, land use, built form, and Japan Center. Today's presentation will address public realm, transportation, next steps and additional matters as requested by the Commission. There will be opportunity for further public comment on all topics and for Commission consideration of the Resolution drafted by Staff and the Steering Committee.

Preliminary Recommendation: Approve Acknowledgment Resolution for the Draft Japantown Better Neighborhood Plan.

13. 2009.0453T (E. Forbes: (415) 558-6417)

Fee Revisions and Adjustments - Consideration of amendments to Planning Code Article 3.5 to charge fees for monitoring conditions of approval and abatement of code enforcement violations; increase the annual inventory fee for the General Advertising Sign Program; modify refund procedures and indigent fee waiver provision; clarify phased collections and payment deferment; and establish a new processing fee for phased payments.

Preliminary Recommendation: Approval

14. 2009.0454T (E. Forbes: (415) 558-6417)

General Advertizing Program Cost Recovery - Consideration of amendments to Planning Code Sections 303, 358 and 604.2, and Administrative Code Section 10.100-166 to increase the annual inventory fee for cost recovery; expand the Planning Department's Code Enforcement Fund sources and uses to enforcement of all Planning Code violations; and to make clarifications to the program.

Preliminary Recommendation: Approval

6:30 PM.

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.

15. 2007.0347E (D. DWYER: (415) 575-9031)

San FranciscoBicycle Plan Project - 2009 San Francisco Bicycle Plan - Certification of the Final Environmental Impact Report. The project site is located throughout the City primarily within the street right-of-way and on some park land - The proposed project includes an update of the goals, objectives and actions of the 2009 San Francisco Bicycle Plan, including amendments to the San Francisco General Plan and Planning Code to reflect the 2009 San Francisco Bicycle Plan. The 2009 San Francisco Bicycle Plan includes improvements to the City's existing bicycle route network including 60 near-term improvement projects, minor improvements and long-term improvements to the bicycle route network. The proposed project would require approval by the San Francisco Municipal Transportation Agency Board of Directors as well as the Board of Supervisors.

Preliminary Recommendation: Certify the Final EIR

Please note: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on January 13, 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.

16a. 2007.0347EMT (D. Dwyer/ S. Shotland: (415) 575-9031/558-6308)

SAN FRANCISCOBICYCLE PLAN PROJECT - The 2009 San Francisco Bicycle Plan – Adopt California Environmental Quality Act Findings. The project site is located throughout the City primarily within the street right-of-way and on some park land – The proposed project includes an update of the goals, objectives and actions of the 2009 San Francisco Bicycle Plan, including amendments to the San Francisco General Plan and Planning Code to reflect the 2009 San Francisco Bicycle Plan. The 2009 San Francisco Bicycle Plan includes improvements to the City's existing bicycle route network including 60 near-term improvement projects, minor improvements and long-term improvements to the bicycle route network. The proposed project would require approval by the San Francisco Municipal Transportation Agency Board of Directors as well as the Board of Supervisors.

The CEQA Findings include a statement of overriding benefits and a mitigation monitoring and reporting program (MMRP) associated with approving the proposed General Plan and Planning Code amendments and implementation of the 2009 Bicycle Plan. They include a rationale for rejecting alternatives identified in the EIR, and a statement of overriding considerations that lists technical, social and economic reasons for adopting the amendments and implementing the 2009 Bicycle Plan despite identified significant, adverse environmental impacts.

Preliminary Recommendation: Adopt CEQA Findings motion

16b. 2007.0347EMT (S. SHOTLAND: (415) 558-6308)

CONSIDERATION OF ADOPTING AMENDMENTS TO THE GENERAL PLAN RELATED TO THE SAN FRANCISCO BICYCLE PLAN - Pursuant to San Francisco Charter Section 4.105, Planning Code § 340(d) and § 306.3, adopt amendments to the General Plan, related to the San Francisco Bicycle Plan. The Planning Commission will consider adoption of amendments to the General Plan, including revisions to the Transportation Element and the Downtown Area Plan, any corresponding revisions to the Land Use Index of the General Plan, making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

Preliminary Recommendation: approval

16c. 2007.0347EMT (S. SHOTLAND: (415) 558-6308)

CONSIDERATION OF ADOPTING AMENDMENTS TO THE PLANNING CODE RELATED TO THE SAN FRANCISCO BICYCLE PLAN - Pursuant to Planning Code § 302(c) and § 306.3, Consider adopting a resolution adopting an amendment to Sections 155, 155.1, 155.4, and 155.5 of the Planning Code related to approval of the San Francisco Bicycle Plan, revising requirements for off-street parking, including provisions for secure bicycle parking, among other controls. in City-owned and leased buildings, new housing development with four or more dwelling units, and new commercial buildings, making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval

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

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

Adjournment:

Last updated: 11/17/2009 10:00:03 PM