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Public Hearings 
 

October 15, 2009

October 15, 2009

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, October 15, 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 Francisco Lobbyist 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. 2009.0322C (T. FRYE: (415) 575-6822)

617 SANSOME STREET - between Jackson and Washington Streets, Assessor's Block 0196; Lot 002 - Request for Conditional Use Authorization pursuant to Sections 249.25 and 303 of the Planning Code to change the legal use of the property from retail use to office use. The subject property is within a C-2 (Community Business) District with a 65-A Height and Bulk District, the Jackson Square Special Use District, and within the Jackson Square Historic District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of September 17, 2009)

(Proposed for Continuance to November 12, 2009)

2a. 2006.0431CEKV (J. Miller: (415) 558-6344)

1080 SUTTER STREET - north side between Hyde and Larkin Streets - Request for Conditional Use Authorization pursuant to Planning Code Sections 157 for off-street parking in excess of accessory amounts (up to 39 spaces when the Code would permit 14) and Section 253 for height above 40 feet in a Residential District, to permit a new 11-story residential building with approximately 36 dwelling units, Lot 011 in Assessor's Block 0279, in a an RC-4 (Residential-Commercial Combined, High Density) District and a 130-E Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to December 3, 2009)

2b. 2006.0431CEKV (J. Miller: (415) 558-6344)

1080 SUTTER STREET - north side between Hyde and Larkin Streets - Request for granting of Variances of Planning Code standards for rear-yard area (Section 134), projections over streets and alleys (Section 136) and dwelling-unit exposure (Section 140) to permit a new 11-story residential building with approximately 35 dwelling units, Lot 011 in Assessor's Block 0279, in a an RC-4 (Residential-Commercial Combined, High Density) District and a 130-E Height and Bulk District.

(Proposed for Continuance to December 3, 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. 2009.0866C (B. FU: (415) 558-6613)

2559-2567 SAN BRUNO AVENUE - east side of San Bruno Avenue between Burrows and Felton Streets; Lot 045 in Assessor's Block 5438 - Request for Conditional Use Authorization under Planning Code Sections 161(j) and 303 to allow reduction in the off-street parking requirement for dwelling units for the conversion of existing off-street parking spaces to a new meeting room for the existing community service use, dba "Portola and Excelsior Family Connections," in a NC-2 (Small-Scale Neighborhood Commercial) District with a 40-X Height and Bulk Designation.

Preliminary Recommendation: Approval with Conditions

4. 2009.0804C (E. Watty: (415) 558-6620)

3505 B – 17TH STREET - southwest corner of Guerrero Street; Lot 001 in Assessor's Block 3578 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 710.44 and 790.91, to allow a small self-service restaurant (dba Clare's Deli) within the NC-1 (Neighborhood Commercial, Cluster) District 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.

5. Consideration of Adoption:

  • Draft Minutes of Regular Meeting of September 24, 2009.
  • Draft Minutes of Regular Meeting of October 1, 2009

6. 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

7. Director's Announcements

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

9. (b. fu: (415) 558-6813)

333 Fremont Street - Informational Presentation on the status of Conditional Use authorization for an 88-unit project approved under Motion No. 17044 on June 16, 2005. The project sponsor has requested, through a letter of determination, that the Zoning Administrator extend the approval period. The Project proposes no modifications to the approved 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

10. 2008.1157C (E. JACKSON: (415) 558-6363)

10 BERNAL HEIGHTS BOULEVARD - west side of Bernal Heights Park, Lot 003 in Assessor's Block 5548 - Request for Conditional Use Authorization under Planning Code Sections 209.6(b) and 303 to allow new WTS antennas on an existing communications tower at the top of the hill in Bernal Heights Park. The CU will also modify the original Conditional Use approval under Case No. CU60.13 (Resolution 5313) to establish the existing tower configuration, and antennas on the site. The project site is within the RH-1(D) (Residential, House, Single-Family, Detached) Zoning District, and a 40-X Height and Bulk District. The site is a Location Preference Number 1, as it is a preferred location for a publicly used structure.

Preliminary Recommendation: Approval with Conditions.

11. 2009.0584DD (C. JAROSLAWSKY (415) 558-6348)

3900 22ND STREET - west side between Collingwood and Castro Streets; Lot 011 in Assessor's Block 2770 - Request for Discretionary Review of Building Permit Application No. 2009.07.14.2590, to convert a three-family structure into a two-family dwelling 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 the project as submitted.

12a. 2009.0107D (D. SÁNCHEZ: (415) 575-9082)

1321 DEHARO STREET - east side of DeHaro Street between 24th Street and 25th Street; Lot 036 in Assessor's Block 4218 - 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. 2008.04.03.8737 to demolish an existing single family dwelling within an RH-3 (Residential, House, Three Family) District with a 40-X Height and Bulk Designation.

Preliminary Recommendation: Do not take Discretionary Review and approve demolition.

(Continued from Regular Meeting of August 13, 2009)

12b. 2008.00505 DDDV (D. SÁNCHEZ: (415) 575-9082)

1321 DEHARO STREET - east side of DeHaro Street between 24th Street and 25th Street; Lot 036 in Assessor's Block 4218 - 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. 2008.04.03.8738 to construct a three family dwelling as a replacement structure to the proposed demolition of a single family dwelling within an RH-3 (Residential, House, Three Family) District with a 40-X Height and Bulk Designation. Two separate Public Initiated Discretionary Review requests regarding the replacement structure have also been filed and will be considered at this hearing.

Preliminary Recommendation: Do not take Discretionary Review and approve replacement structure

(Continued from Regular Meeting of August 13, 2009)

12c. 2008.0505DDDV (D. SÁNCHEZ: (415) 575-9082)

1321 DEHARO STREET - east side of DeHaro Street between 24th Street and 25th Street; Lot 036 in Assessor's Block 4218 - Request for Rear Yard Variance, pursuant to Planning Code Section 134, to allow a rear yard of 15 feet where a rear yard of 28 feet is required within an RH-3 (Residential, House, Three Family) District with a 40-X Height and Bulk Designation. The variance request will be heard and considered by the Zoning Administrator.

(Continued from Regular Meeting of August 13, 2009)

4:00 P.M

13. 2008.1409I (E. Watty: (415) 558-6620)

CALIFORNIA PACIFIC MEDICAL CENTER (CPMC) INSTITUTIONAL MASTER PLAN (IMP) - Public Hearing on California Pacific Medical Center's Institutional Master Plan (IMP), pursuant to Planning Code Section 304.5. The IMP contains information on the nature and history of the institution, the location and use of affiliated buildings, and future development plans. The IMP is available for viewing on the Planning Department's website (from www.sfplanning.org click  Publications & Reports and then  Institutional Master Plans ).

Recommendation: No action required. This is an informational item only.

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 10:00:04 PM