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

January 22, 2009

January 22, 2009

SAN FRANCISCO PLANNING COMMISSION

Notice of Meeting & Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, January 22, 2009

1:30 PM

Regular Meeting

President: Christina R. Olague

Vice-President: Ron Miguel

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.

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: Christina R. Olague

Vice-President: Ron Miguel

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. 2006.0070T (C. NIKITAS: (415) 558-6306)

IMPLEMENTATION OF Legislationto Control theLOSS OF DWELLING UNITS- Code Implementation Document - Proposed procedures and criteria to implement newly-adopted Code Section 317 requiring Planning Commission hearings for the removal of certain dwelling and live-work units. The document also sets numerical criteria, some of which are subject to administrative adjustment in response to changing economic conditions.

Preliminary Recommendation: Adoption

(Continued from Regular Meeting of November 20, 2008)

(Proposed for Continuance to February 12, 2009)

2. 2008.1393T (T. SULLIVAN-LENANE: (415) 558-6257)

Ordinance Rescinding Planning Code Articles 10 & 11 in their Entirety and Adopting a New Article 10 & 11, and adding new Planning Code section 176(F) [Board File No. 08-1565]- Ordinance introduced by Supervisor Daly and former Supervisor Peskin that would rescind Articles 10 and 11 from the Planning Code in its entirety and adopting a new Article 10 and 11 to implement the provisions of the new San Francisco Charter Section 4.135 (Historic Preservation Commission), and to add Section 176(f).

Preliminary Recommendation: Pending.

(Proposed for Continuance to February 26, 2009)

3. 2007.1147T (T. SULLIVAN-LENANE: (415) 558-6257)

Amendments to Articles 10 and 11 and adding a new Section 309.3 of the Planning Code- Ordinance introduced by Mayor Newsom amending Articles 10 and 11 and adding a new Section 309.3 of the Planning Code, contingent on voter approval in the November 4, 2008 general election of the proposed Charter amendment creating an Historic Preservation Commission, to provide additional criteria for Planning Commission review of Historic Preservation Commission decisions, to provide for Section 309 review at the discretion of the Planning Department Director of certain projects requiring Certificates of Appropriateness under Article 10 of the Planning Code, and to create a rebuttable presumption of compatibility for certain projects requiring Certificates of Appropriateness under Article 10 of the Planning Code; adopting findings, including environmental findings and findings required by Section 101.1 of the Planning Code.

Preliminary Recommendation: Approval

(Continued from Regular Meeting of January 8, 2009)

(Proposed for Continuance to February 26, 2009)

4a. 2007.0308CV (B. BENDIX: (415) 575-9089)

3545-3547 20th Street- south side between Lexington and San Carlos Streets; Lot 082 in Assessor's Block 3609, in an NC-1 (Neighborhood Commercial Cluster) Zoning District with a 50-X Height and Bulk designation. Project site will be rezoned as Valencia NCT (Neighborhood Commercial Transit) Zoning District through adoption of the Eastern Neighborhoods Area Plan. Pursuant to Planning Code Sections 135 and 305, the project requests approval of an Open Space Variance to not provide direct access to the dwellings' common open space. This request will be heard and considered by the Zoning Administrator.

(Continued from Regular Meeting of December 11, 2008)

Note: Due to the adoption of the Eastern Neighborhoods rezoning, the project no longer requires Conditional Use. The Variance case will be rescheduled and re-noticed.

4b. 2007.0308CV (B. BENDIX: (415) 575-9089)

3545-3547 20th Street - south side between Lexington and San Carlos Streets; Lot 082 in Assessor's Block 3609, in an NC-1 (Neighborhood Commercial Cluster) Zoning District with a 50-X Height and Bulk designation. Project site will be rezoned as Valencia NCT (Neighborhood Commercial Transit) Zoning District through adoption of the Eastern Neighborhoods Area Plan. Pursuant to Planning Code Sections 135 and 305, the project requests approval of an Open Space Variance to not provide direct access to the dwellings' common open space. This request will be heard and considered by the Zoning Administrator.

(Continued from Regular Meeting of December 11, 2008)

Note: Due to the adoption of the Eastern Neighborhoods rezoning, the project no longer requires Conditional Use. The Variance case will be rescheduled and re-noticed.

5a. 2007.0921D (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 December 11, 2008)

(Proposed for Indefinite Continuance)

5b. 2008.1155D (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. 2007.09.20.3152 (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: Do not take Discretionary Review and Approve Project.

(Continued from Regular Meeting of December 11, 2008)

(Proposed for Indefinite Continuance)

5c. 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 No. 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: Do not take Discretionary Review and Approve Project

(Continued from Regular Meeting of December 11, 2008)

(Proposed for Indefinite Continuance)

5d. 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

(Continued from Regular Meeting of December 11, 2008)

(Proposed for Indefinite Continuance)

5e. 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: Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of December 11, 2008)

(Proposed for Indefinite Continuance)

B. COMMISSIONERS' QUESTIONS AND MATTERS

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.

C. DIRECTOR'S REPORT

7. Director's Announcements

8. Review of Past Week's Events at the Board of Supervisors and Board of Appeals

9. INFORMATIONAL REPORT on effect of foreclosures on renters/tenants

10. Discussion of 3400 Cesar Chavez Street and the conditions of approval.

11. (D. JONES (415) 558-6477)

1326 POLK STREET(FRANK NORRIS PLACE) - Informational item to discuss current enforcement status related to a violation of the Planning Code for the failure to fully dedicate 100 percent of a 32-unit, double-density project for seniors or physically handicapped persons per Planning Code Section 207.4(b).

D. 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.

E. REGULAR CALENDAR

12a. 2006.0826CV (K. GUY: (415) 558-6163)

1946 Polk Street (AKA 1591 Pacific Avenue) - southeast corner at Pacific Avenue, Lot 024 of Assessor's Block 0596 - Request for Conditional Use Authorization to allow development on a lot exceeding 10,000 square feet, to reduce parking requirements, and to grant an exception to bulk requirements. The proposed project is to demolish an existing 1.5-story retail building and surface parking lot and construct a new 5-story mixed-use building containing approximately 39 dwelling units, approximately 35 parking spaces, and approximately 2,300 square feet of ground-floor retail space. The project site is located within the Polk Street Neighborhood Commercial District, and a 65-A Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from the Regular Meeting of January 15, 2009)

12b. 2006.0826CV (K. GUY: (415) 558-6163)

1946 Polk Street (AKA 1591 Pacific Avenue) - southeast corner at Pacific Avenue, Lot 024 of Assessor's Block 0596 - Request for a Modification of Rear Yard Requirements within a Neighborhood Commercial District. The proposed project is to demolish an existing 1.5-story retail building and surface parking lot and construct a new 5-story mixed-use building containing approximately 39 dwelling units, approximately 35 parking spaces, and approximately 2,300 square feet of ground-floor retail space. The project site is located within the Polk Street Neighborhood Commercial District, and a 65-A Height and Bulk District. The Zoning Administrator will consider the request for modification of rear yard requirements concurrently with the Planning Commission's consideration of the conditional use authorization at this same hearing.

(Continued from the Regular Meeting of January 15, 2009)

13. 2007.0118E (J. DEAN: (415) 575-9028)

SAN JOAQUINPIPELINE SYSTEM PROJECT - Informational Presentation and Public Hearing on the Draft Environmental Impact Report - The San Francisco Public Utilities Commission (SFPUC) is proposing the San Joaquin Pipeline (SJPL) System Project. The SJPL System Project proposes repair or replacement, of 6.5 miles of SJPL No. 3 at the eastern portion of the existing SJPL System beginning at the Oakdale Portal in Tuolumne County and extending west to an unincorporated area of Stanislaus County. The project would construct one new approximately 11-mile pipeline segment beginning west of the San Joaquin River in Stanislaus County and extending west to the Tesla Portal located in San Joaquin County. The project would also construct two new crossover facilities along the SJPL System: Emery Crossover located about 9.5 miles west of the Oakdale Portal in unincorporated Stanislaus County; and Pelican Crossover located west of the San Joaquin River at the eastern terminus of the new pipeline segment in unincorporated Stanislaus County. Ancillary project components include site improvements at Oakdale Portal, construction of two new throttling stations along SJPL No. 3 in the eastern portion of the SJPL System; and upgrade/replacement of existing discharge facilities at Cashman Creek; and replacement of the existing valves and discharge piping and addition of a new discharge valve at the California Aqueduct.

Written comments will be accepted at the Planning Department's offices until the close of business on January 26, 2009.

Preliminary Recommendation: No Action Required

14. 2005.0164E (T. Johnston: (415) 575-9035)

BAY DIVISION RELIABILITY UPGRADE PROJECT - Public Hearing on the Draft Environmental Impact Report - The San Francisco Public Utilities Commission (SFPUC) is proposing the Bay Division Reliability Upgrade Project (also known as  BDPL No. 5 ). The project would be constructed as a 21 mile pipeline, parallel to, and within the existing right-of-way (ROW) of BDPL Nos. 1 and 2, which originate at the Irvington Tunnel Portal in Fremont, pass through the cities of Fremont and Newark in Alameda County, cross the Bay at the Dumbarton Strait, and continue through the cities of East Palo Alto, Redwood City, Menlo Park, and unincorporated areas of San Mateo County. The project (also referred to as  BDPL No. 5 ) would include a seven-mile  reach (or sub-segment) in the East Bay that begins approximately 100 feet east of Mission Boulevard, near the Irvington Tunnel Portal, and continues westward through the cities of Fremont and Newark to the Newark Valve Lot. A proposed five-mile tunnel would extend from the Newark Valve Lot to the Ravenswood Valve Lot in Menlo Park, crossing beneath the Bay. From the Ravenswood Valve Lot, BDPL No. 5 would extend nine miles westward to the Pulgas Tunnel Portal in unincorporated San Mateo County. Written comments will be accepted at the Planning Department's offices until the close of business on Thursday, February 5, 2008.

Preliminary Recommendation: No action required.

15. 2005.0142E (B. Bollinger: (415) 575-9024)

733 27th Avenue - The proposed project is located at 733 27th Avenue (Assessor's Block 1617, Lot 003) in the Outer Richmond neighborhood - Appeal of a Preliminary Mitigated Negative Declaration. The existing two-story building is approximately 2,486 square feet in size, 23'-9 in height, and has one off-street parking space. The proposed project would construct a horizontal addition that would extend the existing building about six feet to the north property line and six feet west into the rear yard and a vertical addition that would add a third floor to the existing building. The proposed horizontal and vertical additions would add approximately 2,061 square feet to the existing 2,486-square-foot building and would remain a two-unit residence. The proposed building would be a three-story, approximately 4,547-square-foot building with two off-street parking. The project site is within an RH-2 (Residential House, Two-Family) zoning district and within a 40-X height and bulk district.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

(Continued from Regular Meeting of November 13, 2008)

16. 2005.0751DDD (G. CABREROS: (415) 558-6169)

733 27th Avenue - west side between Balboa and Cabrillo Streets; Lot 003 in Assessor's Block 1617 - Requests for Discretionary Review of Building Permit Application No. 2004.05.12.3640, proposing to construct side and rear horizontal additions and a vertical extension to the existing two-story, two-unit building resulting in a three-story, two-unit building in an RH-2 (Residential House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and Approve.

17a. 2009.0038D (A. HEITTER: (415) 558-6602)

32-40 VARENNES STREET - east side between Green and Union Streets; Lot 036 in Assessor's Block 0115 - Request for Staff-Initiated Discretionary Review of Building Permit Application No. 2008.07.28.7751; proposal to reconfigure a dwelling unit for installation of a garage opening and ramp in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and Disapprove Project.

17b. 2008.1340D (A. HEITTER: (415) 558-6602)

32-40 VARENNES STREET - east side between Green and Union Streets; Lot 036 in Assessor's Block 0115 - Request for Discretionary Review of Building Permit Application No. 2007.06.12.4300; proposing to construct a stair penthouse on the roof of the building and associated rooftop deck in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and Approve Project.

F. 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: 11/20/2009 12:43:47 PM