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Public Hearings 
 

September 24, 2009

September 24, 2009

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, September 24, 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. 2009.0750D (C. Teague: (415) 575-9081)

70 Linda Street - west side, between 18th and 19th Streets; Lot 049K in Assessor's Block 3588 Request for Discretionary Review of Building Permit Application No. 2009.04.21.6791 to add a 677 square foot 3rd story addition to the existing 2-story single-family home in a RTO-M (Residential Transit-Oriented - Mission Neighborhood District) Zoning District and 45-X Height and Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve Project as Proposed.

(Proposed for Continuance to October 1, 2009)

2a. 2009.0684D (E. JACKSON: (415) 558-6363)

448 PENNSYLVANIA AVENUE - west side between 19th and 20th Streets, Lot 007 in Assessor's Block 4064 - Request for Mandatory Discretionary Review, under Planning Code Section 317 requiring review of the demolition of residential buildings and their replacement structures, of Demolition Permit Application No. 2008.12.01.7545 to demolish an existing single family dwelling in an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation.

Preliminary Recommendation: Do not take DR and approve the demolition.

(Continued from Regular Meeting of August 6, 2009)

(Proposed for Continuance to October 8, 2009)

2b. 2008.1379DDDDDV (E. JACKSON: (415) 558-6363)

448 Pennsylvania Avenue - west side between 19th and 20th Streets, Lot 007 in Assessor's Block 4064 - Request for Mandatory Discretionary Review, under Planning Code Section 317 requiring review of the demolition of residential buildings and their replacement structures, of Building Permit Application No. 2008.12.01.7550 to construct a two family dwelling unit as the replacement structure to the proposed demolition of an existing single family dwelling in an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation. Four separate neighbor initiated Discretionary Review requests regarding the replacement structure have also been filed and will be considered at this hearing.

Preliminary Recommendation: Take Discretionary Review and approve the new construction with modifications.

(Continued from Regular Meeting of August 6, 2009)

(Proposed for Continuance to October 8, 2009)

2c. 2008.1379DDDDDV (E. JACKSON: (415) 558-6363)

448 Pennsylvania Avenue - west side between 19th and 20th Streets, Lot 007 in Assessor's Block 4064 - Request for Front Setback and Rear Yard Variances pursuant to Planning Code Section 132 and 134 for the construction of a new two family dwelling unit as the replacement structure to the proposed demolition of an existing single family dwelling within an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation. These Variance requests will be heard and considered by the Zoning Administrator. Two requests for Mandatory Discretionary Review, under Planning Code Section 317 requiring review of the demolition of residential buildings and their replacement structures, and four separate neighbor initiated Discretionary Review requests, regarding the replacement structure, have also been filed and will be considered at this hearing.

(Continued from Regular Meeting of August 6, 2009)

(Proposed for Continuance to October 8, 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. 2009.0688C (K. Guy: (415) 558-6163)

990 Polk Street- southeast corner at Geary Street, Lot 280 of Assessor's Block 0716:

Request for Conditional Use Authorizationto establish a large fast-food restaurant (ice cream and coffee shop) in an existing vacant commercial storefront located at 990 Polk Street, within the NC-3 (Moderate-Scale Neighborhood Commercial) District, the 130-E Height and Bulk District, and the Automotive Special Use 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 August 14, 2008
  • Draft Minutes of Regular Meeting of December 4, 2008.
  • Draft Minutes of Joint Hearing w/Recreation and Park Commission of December 4, 2008.
  • Draft Minutes of Regular Meeting of December 11, 2008.
  • Draft Minutes of Regular Meeting of September 10, 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.

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. 2009.0629C (E. Watty: (415) 558-6620)

723 TARAVAL STREET - south side between 17th and 18th Avenues; Lot 052 in Assessor's Block 2408 – Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 711.54 and 790.60, to convert a vacant commercial space (formerly Wells Fargo Home Mortgage) with approximately 1,470 square feet of gross floor area into a massage establishment (dba Perfect Foot Massage Center) within the NC-2 (Neighborhood Commercial, Small-Scale) District and 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

9. 2009.0530C (D. Sánchez: (415).575.9082)

2884 24th Street - northeast corner of Florida Street; Lot 022 in Assessor's Block 4208 - Request for Conditional Use authorization, pursuant to Planning Code Sections 727.24, 727.26 and 727.44 to establish an outdoor activity area, a walk up facility and a small self service restaurant (dba La Palma Market) within the 24th Street – Mission Neighborhood Commercial Transit District and a 45-X Height and Bulk designation.

Preliminary Recommendation: Approval with Conditions

10. 2009.0580C (S. Young: (415) 558-6346)

2443 LOMBARD STREET - south side between Divisadero and Scott Streets; Lot 026 in Assessor's Block 0937 - Request for Conditional Use Authorization under Sections 303, 712.54, and 790.60 of the Planning Code to convert vacant commercial space (formerly occupied by dba Fish Fish & More Fish) with approximately 1,000 square feet of floor area into a massage establishment (dba Perfect Health Center), within the NC-3 (Moderate-Scale) Neighborhood Commercial Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

11. 2009.0379Z (L. Langlois: 415)-575-9083)

Bayview Technical Map Amendments – This Map amendment addresses miscellaneous parcels throughout the Bayview Hunters Point neighborhood, an area generally bounded by Cesar Chavez to the north, Bayshore Boulevard to the west, San Mateo County line to the South and the San Francisco Bay to the east. The purpose of this map amendment is two fold: to make technical revisions to the Bayview Hunters Point PDR rezone completed in June 2008, and to rezone some parcels that are still zoned M-1 to zoning designations that match existing land uses with the long term intent to maintain the existing uses. The Planning Commission will consider Planning Code Map Amendments pursuant to Planning Code Section 302 and 306.3 that would amend Sectional Maps ZN08, ZN10, and SU10 of the Zoning Map of the City and County of San Francisco. This amendment would: 1) reclassify certain parcels within the area generally bounded by Cesar Chavez Street, Bayshore Boulevard, Kirkwood Avenue, and Third Street from M-1 (Light Industrial) or M-2 (Heavy Industrial) to PDR-2 (Production, Distribution and Repair).; 2) reclassify certain parcels within the area generally bounded by Newcomb Avenue, Rankin Street, Elmira Street and Industrial Street from C-M (Heavy Commercial), M-1 (Light Industrial), PDR-1-B/PDR-2 (Light Industrial Buffer/ Production, Distribution and Repair) to PDR-1-B (Light Industrial Buffer) or PDR-2 (Production, Distribution and Repair); 3) reclassify certain parcels within the area generally bounded by McKinnon Avenue, Phelps Street, Oakdale Avenue, and Quint Street from M-1(Light Industrial) or RH-2 (Residential) to P (Public); 4) reclassify certain parcels within the area generally bounded by Williams Ave, Kalmanovitz Street, Egbert Avenue, and Newhall Street from M-1 (Light Industrial) to PDR-1-B (Light Industrial Buffer), PDR-2 (Production, Distribution and Repair) or RH-1 (Residential); 5) reclassify certain the parcels within the area generally bounded by Revere Avenue, Mendell Street, Egbert Avenue and Hawes Street from M-1 (Light Industrial), PDR-1-B/PDR-2 (Light Industrial Buffer/ Production, Distribution and Repair, PDR-1-B (Light Industrial Buffer), or PDR-2 (Production, Distribution and Repair) to PDR-1-B, PDR-2, RH-1(Residential) or RH-2 (Residential); 6) apply the Design and Development Special Use to certain parcels within the area generally bounded by Donner Avenue, Jennings Street Egbert Avenue, and Third Street. The proposed Ordinance is before the Commission so that it may recommend adoption, rejection, or adoption with modifications to the Board of Supervisors and adopt findings, including environmental findings and findings of consistency the General Plan and the Priority Policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval

12. (C. Nikitas: (415) 558-6306)

Review of Demolition Ordinance & Policies - On April 18, 2008, the Board of Supervisors unanimously passed Ordinance 69-08 [BF 080210] which established Planning Code Section 317 to regulate the loss of dwelling units. Over a year after its implementation, the Ordinance will be reviewed at a public hearing. The Planning Commission will discuss the intent of the Ordinance; the efficacy of the Ordinance in general; and specific planning policies and procedures related to review for loss of dwelling units, including loss due to institutional expansion. Legislation introduced by Supervisor Mirkarimi that would amend Section 317 to require replacement of sound housing will be presented and discussed, prior to action on that legislation at a future hearing.

Preliminary Recommendation: Informational Only - No Action to be Taken

(Continued from Regular Meeting of September 17, 2009)

13a. 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

(Continued from Regular Meeting of September 17, 2009)

Note: On September 10, 2009, following public testimony, the Commission continued the matter to September 17, 2009 by a vote of +7 -0. Public hearing remains open.

13b. 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

(Continued from Regular Meeting of September 17, 2009)

Note: On September 10, 2009, following public testimony, the Commission continued the matter to September 17, 2009 by a vote of +7 -0. Public hearing remains open.

13c. 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

(Continued from Regular Meeting of September 17, 2009)

Note: On September 10, 2009, following public testimony, the Commission continued the matter to September 17, 2009 by a vote of +7 -0. Public hearing remains open.

13d. 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

(Continued from Regular Meeting of September 17, 2009)

Note: On September 10, 2009, following public testimony, the Commission continued the matter to September 17, 2009 by a vote of +7 -0. Public hearing remains open.

14. 2009.0479D (C. Teague: (415) 575-9081)

772 WISCONSIN STREET - west side, between 20th and 22nd Streets; Lot 020 in Assessor's Block 4097 - Request for Discretionary Review of Building Permit Application No. 2007.07.13.6790 to add a 3rd story to the existing 2-story single-family home, extend the rear of the building, and redesign the front façade in a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve Project as Proposed.

(Continued from Regular Meeting of September 10, 2009)

15. 2009.0642D (J. IONIN: (415) 558-6309)

2642-2644 HYDE STREET - east side between North Point and Bay Streets; Lot 017 in Assessor's Block 0027 - Request for Discretionary Review of Building Permit Application No. 2004.11.02.8353; to legalize a balcony, in a two-unit, four-story building in an RH-3 (Residential, House, Three-Family) District.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve 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:

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