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Seal of the City and County of San Francisco
City and County of San Francisco
Public Hearings 
 

October 22, 2009

October 22, 2009

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, October 22, 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. 2009.0262T (a. rodgers: (415) 558-6395)

Zoning - Providing for a Five FOOt Special Height Exception for Active Ground Floor Uses in NC-1 Designated Parcels Along Randolph and Broad Streets, from 19th Avenue to San Jose Avenue. [Board File No. 09-0319]. Ordinance introduced by Supervisor Avalos amending San Francisco Planning Code by amending Section 263.20 to provide for a special height exception for ground floor uses in NC-1 designated parcels along Randolph and Broad Streets, from 19th Avenue to San Jose Avenue; amending Section 710.1, to refer to this special height exception; adopting findings, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1. The Planning Commission will also consider the Supervisor's request to extend this legislation to provide the same five feet special height exception for all NC-1 designated parcels within the boundaries of Sargent Street to Orizaba Avenue to Lobos Street to Plymouth Avenue to Farallones Street to San Jose Avenue to Alemany Boulevard to 19th Avenue to Randolph Street to Monticello Street and back to Sargent Street.

Preliminary Recommendation: Approval

(Proposed for Continuance to November 5, 2009)

2. 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 September 10, 2009)

(Proposed for Continuance to November 19, 2009)

3a. 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 September 10, 2009)

(Proposed for Continuance to November 19, 2009)

3b. 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 September 10, 2009)

(Proposed for Continuance to November 19, 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

4. 2009.0696C (T. Wang: (415) 558-6335)

3690, 3692 18th STREET – on the north side of 18th Street between Dolores and Guerrero Streets; Lot 027 in Assessor's Block 3578 - Request for Conditional Use Authorization, pursuant to Sections 303, 710.69A and 790.93 of the Planning Code, to allow a Self-Service Specialty Food Establishment (Bi-Rite Creamery at 3692 18th Street) with an expansion into the adjacent vacant storefront at 3690 18th Street within the NC-1 (Neighborhood Commercial Cluster) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

C. 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

5. (B. Wycko: (415) 575-9048)

BAYVIEW HUNTERS POINT TRANSPORTATION PLANNING - Informational Presentation on Transportation Planning for the Hunters Point and Bayview areas of the City: Proposed transit service enhancements and traffic circulation improvements.

Preliminary recommendation: informational; no action required

6. 2009.0720C (M. WOODS: (415) 558-6315)

1998 Union Street northeast corner of Buchanan and Union Streets; Lot 014 in Assessor's Block 0531 -- Request for Conditional Use Authorization to allow a new  Self-Service Specialty Food use (dba  Cultivé Frozen Yogurt ) pursuant to Sections 303(c) and 725.69A of the Planning Code, in the Union Street Neighborhood Commercial District and a 40-X Height and Bulk District. The proposal is to convert an approximately 1,300 square-foot vacant retail space (formerly  Jamba Juice ) to a frozen yogurt shop.

Preliminary Recommendation: Approval with Conditions

7. 2009.0561C (E. Watty: (415) 558-6620)

3800 NORIEGA STREET - at the northwest corner of 45th Avenue; Lot 022 in Assessor's Block 2004 - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 303, 710.54, and 790.60, to allow a massage use (DBA Dong Yang Health Center) to operate within the NC-1 (Neighborhood Commercial, Cluster) District and 40-X Height and Bulk District.

Preliminary Recommendation: Disapproval

8. 2005.1076C (P. LaValley: (415) 575-9084)

3135 24th Street - south side of 24th Street between Shotwell and Folsom Streets, Lot 036 in Assessor's Block 6520 - Request for Conditional Use Authorization under Planning Code Sections 121.1, 134(a), 135, 140, 151.1, 175.6(e)(1), and 303 to construct a two-story vertical addition on an existing two-story former auto repair building resulting in a 4-story, 40-foot tall mixed-use development on a large lot. The project proposes up to 9 residential units, 1,675 square feet of ground floor commercial space, and up to 7 off street parking spaces. Pursuant to Planning Code Section 175.6(e)(1), the project is seeking approval as an Eastern Neighborhoods pipeline project, and the project is seeking relief from the requirements for rear yard, open space, and dwelling unit exposure. The property is within the 24th-Mission Neighborhood Commercial Transit (24th-Mission NCT) Zoning District and a 45-X Height and Bulk District.

Preliminary recommendation: Approvals with conditions

9. 2008.0784T (T. SULLIVAN: (415) 558-6257)

Amendments relating to Planning Code Section 227(v) to amend the definition of a tobacco paraphernalia establishment and to amend Section 723 – Polk Street Neighborhood Commercial District to prohibit tobacco paraphernalia establishments [Board File No. 09-0962] - Ordinance introduced by Supervisor Chiu amending Planning Code Section 227(v) to lower the threshold for retail stores to be considered tobacco paraphernalia establishments from 15% of the square footage of the establishment to 10% of the occupied floor area, as defined in Section 102.10, or 10 linear feet of display area in total, whichever is less; amending Sections 790.123 and 890.123 to reflect this amended definition; amending 723.1 and the Table at Section 723 to make tobacco paraphernalia establishments, as defined, not permitted in the Polk Street Neighborhood Commercial District; amending Section 186.1 to change the period of non-use for a non-conforming tobacco paraphernalia establishment to be deemed discontinued in the Polk Street Neighborhood Commercial District from three years to eighteen months; making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval.

(Continued from Regular Meeting of October 8, 2009)

10. 2009.0707MZ (K. Dischinger: (415) 558-6284)

MARKET & OCTAVIA PLAN-LEVEL HISTORIC SURVEY INTEGRATION - Adopt Amendments to the Market and Octavia Area Plan of the General Plan and Zoning Map to integrate Market and Octavia Area Plan Level Historic Survey prepared by Page and Turnbull (Historic Survey) and make clarifications and technical amendments. Earlier this year the Planning Commission endorsed the Historic Survey with some modifications. Following this endorsement staff, in coordination with the community, developed recommendations, both General Plan and Zoning Map amendments, for, among other things, (1) the integration of these findings into the Market and Octavia Plan as required by the Planning Commission and Board of Supervisors at Plan approval, and (2) proposed height changes for parcels within the proposed Upper Market Historic District. Full documentation of the proposals can be found at: http://www.sfgov.org/site/planning_index.asp?id=25188.

a) 2009.0707MZ (K. Dischinger: (415) 558-6284)

ADOPTION OF A GENERAL PLAN AMENDMENT - Consideration of a resolution to adopt an amendment to the General Plan, including amending language and maps in the Market & Octavia Area Plan. The amendment would incorporate the changes needed to integrate the endorsed Market & Octavia Area Plan Level Historic Survey into the adopted Market & Octavia Area Plan. Area Plan Map and Policy changes are recommended to occur under Objective 3.2 of the Area Plan. These policy changes would remove language calling for the completion of an area plan level survey and would add district descriptions for identified and listed historic districts. It would also replace the existing Map 4 in the Market & Octavia Area Plan with 2 new maps, which outline the identified historic districts, indentified individual historic resources, and parcels eligible for future survey (and thus subject to continued interim controls).

Preliminary Recommendation: Approve the resolution amending the General Plan.

b) 2009.0707MZ (K. Dischinger: (415) 558-6284)

ADOPTION OF A ZONING MAP AMENDMENT - Consideration of a resolution to adopt an amendment to the Zoning Map. The amendment consists of revisions to Height and Bulk Map HT07 of the Zoning Map of the City and County of San Francisco. This amendment would: 1)permit the height of parcels currently zoned 50/55 feet along Market between Church and Noe to be raised no higher than 60/65 feet and lowered to no less than 50/55 feet, 2) permit the height of parcels currently zoned 80/85 feet around the Church and Market intersection to be lowered to no less than 50/55 feet, and 3) lower the height of two parcels on the northwest corner of Guerrero Street and Duboce Avenue (Assessor Lot #'s 3501003 and 3501004) to 60/65 feet.

Preliminary Recommendation: Approve the resolution amending the Zoning Map.

11. (A. Varat: (415) 558-6405)

Better Streets Plan - The Better Streets Plan creates a unified set of standards, guidelines, and implementation strategies to improve how the City designs, builds, and maintains its pedestrian environment for all users. The Better Streets Plan Draft for Public Review was released in June 2008. This is an informational hearing to discuss revisions to the draft plan, next steps, and strategies for delivering Better Streets improvements.

Preliminary recommendation: informational; no action requested

6:00 P.M. Although the following items may be heard after 6:00 p.m., they will not be heard before.

12a. 2008.0719D (S. CALTAGIRONE: (415) 558-6381)

2626 LARKIN STREET - east side between Chestnut and Lombard Streets; Lot 011 in Assessor's Block 0069 - Mandatory Discretionary Review per Section 317 of the Planning Code of Building Permit Application No. 2008.0926.2736, proposing to demolish a three-story, two-unit residential building on a property located within an RH-3 (Residential, House, Three-Family) District and a 40-X Height/Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of October 8, 2009)

12b. 2009.0907D (S. Caltagirone: (415) 558-6381)

2626 Larkin Street - east side between Chestnut and Lombard Streets; Lot 011 in Assessor's Block 0069 - Mandatory Discretionary Review per Section 317 of the Planning Code of Building Permit Application No. 2008.0926.2740, proposing to construct a four-story, two-unit residential building on a property located within an RH-3 (Residential, House, Three-Family) District and a 40-X Height/Bulk District.

Preliminary Recommendation: Take Discretionary Review and Approve with Modifications

(Continued from Regular Meeting of October 8, 2009)

13. 2008.1106D (G. CABREROS: (415) 558-6169)

2626 FILBERT STREET - north side between Broderick and Divisadero Streets, Lot 003B in Assessor's Block 0943 - Request for Discretionary Review of Demolition Permit Application No. 2007.12.24.1235 and Building Permit Application No. 2007.12.24.1234 proposing demolition of a four-story, single-family residence and new construction of a three-story, single-family residence in an RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve both applications

14a. 2008.1349D (G. CABREROS: (415) 558-6169)

2919 LAGUNA STREET - west side between Union and Filbert Streets; Lot 004 in Assessor's Block 0531 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of residential demolition, of Demolition Permit Application No. 2008.12.08.8008, proposing to demolish a single-family residence 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

14b. 2008.0935DD (G. CABREROS: (415) 558-6169)

2919 LAGUNA STREET - west side between Union and Filbert Streets; Lot 004 in Assessor's Block 0531 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of new residential building in association with residential demolition, and one private request for Discretionary Review of Building Permit Application No. 2008.12.08.8013, proposing to construct a four-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

15. 2009.0843D (S. YOUNG: (415) 558-6348)

823 DIVISADERO STREET - west side between McAllister and Fulton Streets; Assessor's Block 1179; Lot 027 - Request for Discretionary Review of Building Permit Application No. 2009.04.16.6402, proposing the change of use of a vacant ground floor commercial space (previously a dry cleaning and laundry service establishment dba Family Cleaners) to a preschool (dba Our Victorian Schoolhouse), which will provide daycare educational services for up to 42 children in the NC-2 (Small-Scale Neighborhood Commercial) District, the Divisadero Street Alcohol Restricted Use District, and a 65-A Height and Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve Project

16. 2009.0856D (E. OROPEZA: (415) 558-6381)

317 CONNECTICUT STREET - southeast corner of 18th and Connecticut Streets; Lot 027 in Assessor's Block 4036-Request for Discretionary Review of Building Permit Application No. 2009.0625.1244, proposing to change the use from existing retail sales and services use (dba Delirious Shoes and More) as defined per Planning Code Section 790.102 to a small self service restaurant use as defined per Planning Code Section 790.91, all within the NC-2 (Small-Scale Neighborhood Commercial) District, and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve as proposed.

E. 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.

17. Consideration of Adoption:

  • Draft Minutes of Regular Meeting of November 6, 2008.
  • Draft Minutes of Regular Meeting of October 8, 2009.

18. 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.

F. DIRECTOR'S REPORT

19. Director's Announcements

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

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