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Public Hearings 
 

September 10, 2009

September 10, 2009

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, September 10, 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. 2008.0197CEX (A. CONTRERAS: (415) 575-9044)

942 MISSION STREET - north side of Mission Street, between Fifth and Sixth Streets, Lot 15 in Assessor's Block 3704 - Appeal of Preliminary Mitigated Negative Declaration for a project proposing the demolition of an existing two-story-over-basement office and commercial building, and construction of a 152-foot-tall, 15-story building containing approximately 3,240 square feet of ground-floor retail space, 4,025 square feet of ground floor circulation and building service space, and about 72,000 square feet of hotel space including 172 hotel rooms, with pedestrian access from Mission and Jessie Streets. No off-street parking or loading is proposed. The project is located in a C-3-G (Downtown General Commercial) Use District and a 160-F Height and Bulk District.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration(Continued from Regular Meeting of July 9, 2009)

(Proposed for Continuance to October 22, 2009)

2a. 2008.0197CEX (J. MILLER: (415) 558-6344)

942 MISSION STREET - north side between Mint and Sixth Streets, a through-lot to Jessie Street - Review under Planning Code Section 309 of new construction of a 15-story HOTEL, approximately 79,000 gross square feet, with approximately 172 rooms, approximately 3,240 square feet of ground-floor retail space and approximately 152 feet in height, Lot 015 in Assessor's Block 3704, in a C-3-G (Downtown General Commercial) District and a 160-F Height and Bulk District.

(Continued from Regular Meeting of July 9, 2009)

(Proposed for Continuance to October 22, 2009)

2b. 2008.0197CEX (J. MILLER: (415) 558-6344)

942 MISSION STREET - north side between Mint and Sixth Streets, a through-lot to Jessie Street - Request for Conditional Use Authorization pursuant to Planning Code Section 216(b)(i) for a new HOTEL with approximately 172 rooms, Lot 015 in Assessor's Block 3704, in a C-3-G (Downtown General Commercial) District and a 160-F Height and Bulk District.

(Continued from Regular Meeting of July 9, 2009)

(Proposed for Continuance to October 22, 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

3. 2009.0687D (R. CRAWFORD: (415) 558-6358)

1256 Mission Street - (north side between 8th and 9th Streets), Assessor's Block 3701 Lot 008 - Mandatory Discretionary Review for a Medical Cannabis Dispensary The proposal is to develop a Medical Cannabis Dispensary (dba San Francisco Patient Resource Center, SPARC) on the ground floor of an existing building. This project lies within a C-3-G (Downtown, General Commercial) District, and within the 150S Height and Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve the Application.

C. COMMISSIONERS' QUESTIONS AND MATTERS

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. 2005.1068CKSVX (J. MILLER: (415) 558-6344)

1340 & 1390 MISSION STREET - Public Art Program, pursuant to Planning Code Section 149 - northeast corner at Tenth Street, a through-lot tot Jessie Street, and southwest corner of Jessie Street at Ninth Street, Lots 013, 026, 027, 051, 052, 053 and 054 in Assessor's Block 3508, in a C-3-G (Downtown Commercial, General) District and in 120-X, 150-S and 200-S Height and Bulk Districts

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. 2009.0408C (E. Watty: (415) 558-6620)

2550 SLOAT BOULEVARD - north side at the northeast corner of 44th Avenue; Lot 005 in Assessor's Block 2512 - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 303, 711.83, 790.80, to install a wireless telecommunications facility consisting of 9 new panel antennas screened inside faux chimneys located on the existing building rooftop and measuring approximately 38'-6 above grade, with 6 equipment cabinets located on the roof of the garage, as part of AT&T's wireless telecommunications network within a NC-2 (Neighborhood Commercial, Small-Scale) Zoning District and 100-A Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of August 13, 2009)

9. 2009.0459C: (R. CRAWFORD: (415) 558-6358)

90 Turk Street - (North side between Taylor and Eddy Streets), Assessor's Block 0340 Lot 012 - Request for Conditional Use Authorization under Planning Code Section 249(d) to relocate an existing Off-Sale Liquor Establishment (Liquor Store) at 67 Turk Street (dba Grand Liquor) to 90 Turk Street (dba Tip-Top Market). Planning Code Section 249(d) requires Conditional Use authorization for such a transfer within the North of Market Residential Special Use District. This project lies within a RC-4 (Residential-Commercial Combined, High Density) District, the North of Market Residential Special Use District and within the 80-120T Height and Bulk District.

Preliminary Recommendation: Disapproval

10. 2007.0007AEKX (P. LAVALLEY: (415) 575-9084)

750 2nd STREET - west side between Townsend and King Streets; Lot 002A in Assessor's Block 3794 - Requestfor Large Project Authorization under Planning Code Section 329 for Large Project Authorization with exceptions for (1) rear yard; (2) off-street parking spaces; and (3) dwelling unit exposure requirements for seven units not fronting onto a public right-of-way or a qualifying rear yard. The project is for the demolition of a one-story with mezzanine building and construction of an eight-story with mezzanine, approximately 40,000 gross square feet and a 95-foot tall building with up to 14 dwelling units, approximately 500 square feet of ground floor retail space, and 14 off-street parking spaces. The subject property is in the MUO (Mixed-Use Office) Zoning District with a 105-F Height and Bulk Designation. The subject property is also a non-contributing resource to the South End Historic District designated pursuant to Article 10 of the Planning Code.

(Continued from Regular Meeting of July 23, 2009)

Preliminary Recommendation: Approval with conditions

11. 2007.0689E (B. BOLLINGER: (415) 575-9024)

900 FOLSOM STREET - Assessor's Block 3732 Lots 009, 018, 048 and 147 - Public Hearing on the Draft Environmental Impact Report. The project site is a 56,000-square-foot parcel located at the corner of Folsom and Fifth Streets in the South of Market neighborhood. The proposed project would demolish the existing surface parking lot and replace it with a new 85-foot­-high building with 271 residential units, ground-level retail uses, and 229 parking spaces. The project site is within a Mixed Use - Residential (MUR) District, an 85-X and 45-X Height and Bulk District. Written comments will be accepted at the Planning Department's offices until 5 p.m. on September 15, 2009.

Preliminary Recommendation: No Action Required

(Continued from Regular Meeting of July 23, 2009)

12. 2007.0690E (B. BOLLINGER: (415) 575-9024)

260 FIFTH STREET - Assessor's Block 3732 Lots 150 and 008 - Public Hearing on the Draft Environmental Impact Report. The project site is a 28,641-square-foot parcel located on the block bounded by Fifth, Sixth, Howard and Folsom Streets in the South of Market neighborhood. The proposed project would demolish the existing warehouse building and parking lot and replace it with a new 85-foot-high building with 179 residential units, ground-level retail uses, and 133 parking spaces. The project site is within a Mixed Use - Residential (MUR) District and an 85-X Height and Bulk District. Written comments will be accepted at the Planning Department's offices until 5 p.m. on September 15, 2009.

Preliminary Recommendation: No Action Required

13. (D. SIDER: (415) 558-6697)

 NC@20: Looking Back on 20 Years of Neighborhood Commercial Zoning - Review and comment on this report, which responds to Planning Code requirements for periodic status reports on the Neighborhood Commercial Zoning Controls. NC@20 looks back at the previous two decades and examines the nature of the NC zoning controls, discusses outstanding issues, and recommends approaches to address those issues. In broad terms, the purpose of the report is to provide a body of information which will help frame the continued evolution of NC zoning controls. NC@20 is available in PDF format on the Planning Department's web site (www.sfplanning.org) under the  New Releases heading. Printed copies of NC@20 are available for $6 (which covers reproduction costs) at the San Francisco Planning Department, 1650 Mission Street, 4th Floor, San Francisco, CA 94103.

Preliminary Recommendation: No action required.

14. 2009.0327D (S. LAI: (415) 575-9087)

905-907 DIAMOND STREET - northwest corner of Diamond and Jersey Streets; Lot 026 of Assessor's Block 6539 - Mandatory Discretionary Review for Dwelling Unit Merger Request, pursuant to Planning Code Sections 317, requiring review of dwelling unit mergers, of Building Permit Application No. 2009.04.27.7146, proposing to merge four dwelling units to two dwelling units. The property is located within a RH-2 (Residential, Two Units) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Modifications and Conditions

(Continued from Regular Meeting of September 3, 2009)

15a. 2007.0921DD (A. Starr: (415) 558-6362)

673-675 44th AVENUE - west side between Balboa and Anza Streets; Lot 012 in Assessor's Block 1587 - Mandatory Discretionary Review of Building Permit Application No. 2007.09.20.3151 (demolition); proposing to demolish the existing two-story, two-family dwelling, subdivide the lot and construct two, four-story, two-family buildings in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve Project

15b. 2007.0921DD (A. Starr: (415) 558-6362)

673-675 44th AVENUE - west side between Balboa and Anza Streets; Lot 012 in Assessor's Block 1587 - Request for Discretionary Review of Demolition Permit Application No. 2007.09.20.3151; proposing to demolish the existing two-story, two-unit building in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve Project

15c. 2008.1155D & 2008.1156D (A. Starr: (415) 558-6362)

673-675 44th AVENUE - west side between Balboa and Anza Streets; Lot 012 in Assessor's Block 1587 - Mandatory Discretionary Review of Building Permit Application Nos. 2007.09.20.3152 and 2007.09.20.3157 (new construction); proposing to demolish the existing two-story, two-family dwelling, subdivide the lot and construct two, four-story, two-family buildings in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and Modify Project

15d. 2008.1213D (A. Starr: (415) 558-6362)

673-675 44th AVENUE - west side between Balboa and Anza Streets; Lot 012 in Assessor's Block 1587 - Request for Discretionary Review of Building Permit Application Nos. 2007.09.20.3152 and 2007.09.20.3157; proposing to construct two new, four-story, two-unit buildings in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and Modify Project

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:

* * * Notice of Future Agenda Items * * * *

On September 17, 2009, there will be an Informational Joint Hearing of the Planning Commission and Health Commission to discuss CPMC's IMP, the Department of Public Health's health planner review process, and the Health Commission's resolution regarding CPMC's IMP. The IMP is available for viewing on the Planning Department's website (from www.sfplanning.org click  Publications & Reports and then  Institutional Master Plans ).

A separate public hearing will be held by the Planning Commission at later date to present and collect public comment on CPMC's Institutional Master Plan, in accordance with the requirements of Planning Code Section 304.5.

NOTE: Hearing dates listed above may be tentative. This notice is not final public notification, but is intended to inform interested parties about up-coming items.

ALWAYS VERIFY THAT ANY ITEM OF INTEREST IS SCHEDULED FOR A HEARING ON THE FINAL PUBLISHED CALENDAR FOR THAT DATE.

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