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

February 26, 2009

February 26, 2009

SAN FRANCISCO PLANNING COMMISSION

Notice of Meeting & Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, February 26, 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.

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. 2001.1056E (L. KIENKER: (415) 575-9036)

280 DIVISADERO STREET CARRIAGE HOUSE - east side of Divisadero Street between Page and Haight Streets; Lot 023 in Assessor's Block 1238 – Certification of the Final Environmental Impact Report. The proposed project would replace an existing approximately 1,340-square foot (sf) carriage house structure, part of Landmark No. 190, the Charles L. Hinkel House, for a single residential unit within the same building footprint as the existing structure and attached garage, at the northeast corner property lines of the 6,875-sf lot. The proposed structure would be two stories in height and include a deck over an attached garage. The proposed project would not modify the main three-story over garden-level residential structure. The project would require approval of a Variance for construction within the required setbacks and a Certificate of Appropriateness pursuant to Article 10 for demolition and new construction. The project would have a significant impact on Landmark No. 190, constructed in 1885.

Preliminary Recommendation: Certify the Final EIR

Please note: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on June 18, 2007. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission in writing prior to the hearing or during the Public Comment portion of the Commission calendar.

(Proposed for Continuance to March 19, 2009)

2. 2006.1431E (D. DWYER: (415) 575-9031)

1960-1998 MARKET STREET/Project Title - north side between Laguna and Buchanan; Lots 005, 006 and 007 of Assessor's Block 0872 - Appeal of Preliminary Negative Declaration for the proposed project consisting of the demolition of the existing a surface parking lot with approximately 20 carshare parking spaces; Union 76 gas station comprised of a 1,710-square-foot, one-story building, three islands with gas pumps sheltered by metal canopy approximately 15 feet in height, and two 12,000-gallon underground storage tanks (USTs); and two 12 ft x 25 ft general advertising signs. The proposed project also would construct a nine-story, 85-foot-tall mixed-use building totaling approximately 146,800 gross square feet in area, including ground floor parking with approximately 108 condominium units, 86 off-street parking spaces located on the ground floor and in two below-grade garage levels, and three ground-floor commercial spaces totaling 8,150 square feet. The 21,200-square-foot project site is located at the northeast corner of the intersection of Market, Duboce and Buchanan Streets in an NCT-3 (Neighborhood Commercial Transit) Zoning District and 85-X Height and Bulk District.

Preliminary Recommendation: Uphold Preliminary Negative Declaration

(Continued from Regular Meeting of January 8, 2009)

(Proposed for Continuance to March 19, 2009)

3. 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.

(Continued from Regular Meeting of January 22, 2009)

(Proposed for Continuance to April 9, 2009)

4. 2008.1147T (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 22, 2009)

(Proposed for Continuance to April 9, 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

5a. 2008.1215CV (C. TEAGUE: (415) 575-9081)

827 Guerrero Street - east side between 20th Street and Liberty Street, Lot 076 in Assessor's Block 3608 - Request for Conditional Use Authorization pursuant to Planning Code Sections 209.2(a) and 303 for a 20-bed group housing facility in an RH-2 (Residential, House Districts, Two-Family District) and a 40-X Height and Bulk District. The proposal is to convert the existing building–previously a residential care facility (dba Chateau Agape) into a group housing facility (dba The Alternative to Meds Center) with a maximum of 15 bedrooms and 20 beds and 1 off-street parking space. No changes are proposed for the existing building.

Preliminary Recommendation: Approval

5b. 2008.1215CV (C. TEAGUE: (415) 575-9081)

827 Guerrero Street– east side between 20th Street and Liberty Street, Lot 076 in Assessor's Block 3608 - Request for a Parking Variance pursuant to Planning Code Sections 151 and 305 to provide only 1 of the 5 required off-street parking spaces for a 20-bed group housing facility in an RH-2 (Residential, House Districts, Two-Family District) and a 40-X Height and Bulk District. The proposal is to convert the existing building previously a residential care facility (dba Chateau Agape)–into a group housing facility (dba The Alternative to Meds Center) with a maximum of 15 bedrooms and 20 beds.

6. 2008.0528Q (A. HOLLISTER: (415) 575-9078)

860 WALLER STREET - north side between Webster and Buchanan Streets, Lot 018 in Assessor's Block 1240 - Public hearing, under Article 9 of the Subdivision Code, to determine consistency of a proposed five-unit Condominium-Conversion Subdivision with the General Plan, located in an RH-3 (Residential, House, Three Family) District and a 40-X Height and Bulk District. The proposal is to convert the existing five-unit building to a condominium form of ownership and does not involve expansion, alteration or demolition of the existing building.

Preliminary Recommendation: Approval

7. 2007.0901Q (A. HOLLISTER: (415) 575-9078)

235 WALLER STREET - south side between Webster and Buchanan Streets, Lot 035 in Assessor's Block 0869 - Public hearing, under Article 9 of the Subdivision Code, to determine consistency of a proposed six-unit Condominium-Conversion Subdivision with the General Plan, located in an RTO (Residential, Transit-Oriented) District and a 40-X Height and Bulk District. The proposal is to convert the existing six-unit building to a condominium form of ownership and does not involve expansion, alteration or demolition of the existing building.

Preliminary Recommendation: Approval

8. 2008.1408C (S. YOUNG: (415) 558-6346)

614 IRVING STREET - north side between 7th and 8th Avenues; Lot 021 in Assessor's Block 1743 - Request for Conditional Use Authorization under Sections 730.51 and 303 of the Planning Code to convert vacant commercial space (previously occupied by a television sales and repair shop dba Irving Electronics) into a dental office dba Svetlana Yesin, D.D.S. within the Inner Sunset Neighborhood Commercial Zoning District and a 40-X Height and Bulk District

Preliminary Recommendation: Approval with Conditions

9. 2008.1289C (M. WOODS: (415) 558-6315)

630 IRVING STREET- north side between 7th and 8th Avenues; Lot 023 in Assessor's Block 1743 - Request for Conditional Use Authorization to allow a  formula retail use (dba Crossroads Trading Company, Inc.) pursuant to Sections 303(c), 303(i) and 703.4 of the Planning Code, in the Inner Sunset Neighborhood Commercial District and a 40-X Height and Bulk District. The proposal is to convert a vacant retail space (formerly  Black Oak Books ) to a retail clothing store for Crossroads Trading Company, Inc., which is a formula retail use. Crossroads Trading Company would vacate its current premises at 555 Irving Street to relocate to the project site. The proposed project will occupy the entire building, approximately 2,800 square feet. The proposal involves interior remodeling work with minimal exterior improvements, while maintaining the existing building envelope and height. The existing building has no off-street parking or loading spaces and none is required or proposed.

Preliminary Recommendation: Approval with Conditions

C. COMMISSIONERS' QUESTIONS AND MATTERS

10. 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

11. Director's Announcements

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

13. (S. Dennis-Phillips 558-6314)

2009 Housing Element Update - Informational presentation to discuss progress to date on the 2009 Housing Element - The presentation will include an update on the remaining tasks and timeline for the project, including the ongoing outreach strategy to gather public input for the Housing Element.

14. 2006.0460C (J. IONIN: (415) 558-6309)

690 Stanyan Street Mixed Use Development - Informational Presentation - to present refined architectural, landscape and loading plans subject to the review and approval of the Director of Planning, with the advice of the Planning Commission, with special attention to location of HVAC, cooling systems and air vents of the parking garage to mitigate impacts to residents along Page Street, for the project heard and approved by the Planning Commission on October 23, 2008.

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.

F. PUBLIC COMMENT ON AGENDA ITEMS WHERE THE PUBLIC HEARING HAS BEEN CLOSED

At this time, members of the public who wish to address the Commission on agenda items that have already been reviewed in a public hearing at which members of the public were allowed to testify and the public hearing has been closed, must do so at this time. Each member of the public may address the Commission for up to three minutes.

  1. CONSIDERATION OF FINDINGS AND FINAL ACTION – PUBLIC HEARING CLOSED

15. 2008.1326T (T. SULLIVAN-LENANE: (415) 558-6257)

Amendments to the Planning Code Section 315.6: Affordable Housing In-Lieu Fees - Ordinance introduced by Supervisor Daly amending the San Francisco Planning Code Section 315.6 of the Residential Inclusionary Affordable Housing Program to provide that ten percent (10%) of in lieu fees paid under Section 315.6, not to exceed a maximum of $15 million at any one time, be designated exclusively for the acquisition and/or rehabilitation of affordable housing sites consisting of less than 25 units. Preliminary Recommendation: Approval.

(Continued from the Regular Meeting of February 12, 2009)

NOTE: On February 19, 2009, following public testimony, the Commission closed public hearing and passed a motion of intent to approve with modification by a vote of +6 -1. Commissioner Miguel voted no. Final Language is scheduled to February 26, 2009.

  1. REGULAR CALENDAR

16. 2009.0056U (J. SWITZKY: (415) 575-6815)

425 First Street- Motion to Authorize Allocation of up to $1,552,973 from Rincon Hill Community Improvements Fund To Reimburse One Rincon Hill Development, LP Pursuant to Planning Code Sections 318 et seq. For New In-Kind Public Street Improvements on First and Harrison Streets. As of September 2008, a total of approximately $1,208,500 is available in the Fund, all in the form of Mello-Roos bond proceeds and held in trust by ABAG. One Rincon Hill Development, LP (the  Project Sponsor ) is currently completing construction on Phase I of its One Rincon Hill high-rise residential condominium project at 425 First Street (Block 3765, Lot 037; the  Project ). As part of Phase 1 of the Project, the Project Sponsor has constructed approximately 17,893 square feet of public streetscaping, sidewalk widening, and neighborhood open space infrastructure improvements in the First Street and Harrison Street public rights-of-way (the  Improvements ). The Improvements are of the type and kind called for in the Rincon Hill Area Plan of the General Plan and the Rincon Hill Streetscape Master Plan and are in excess of the open space required to be provided by the Project in satisfaction of Planning Code open space requirements, as well as in excess of basic street tree planting required by Planning Code Section 140 and other right-of-way infrastructure required by other agencies. The Improvements include decorative paving on sidewalks and within the roadway, extensive landscaping on sidewalks, and extensive landscaping and public seating in the First Street right-of-way. The Improvements were designed and implemented in consultation with the Planning Department. The Planning Director determined that the appropriate total value of the Improvements for purposes of fee payment pursuant to Planning Code Section 318.6 is $1,552,973 and has determined that such amount shall be appropriated from Fund to the Project Sponsor subject to fund availability.

Preliminary Recommendation: Approval

17a. 2007.0129D (G. CABREROS; (415) 558-6169)

100 32nd Avenue - southeast corner of the intersection with El Camino del Mar; Lot 008 in Assessor's Block 1312 - Requests for Discretionary Review of Building Permit Application No. 2007.01.19.2027 proposing to construct a three-story side horizontal addition and to enlarge the existing partial fourth floor at the existing four-story, single-family residence. The subject building is within an RH-1(D) (Residential, House, One-Family, Detached) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and Approve.

17b. 2007.0129V (G. CABREROS: 415-558-6169)

100 32nd Avenue - southeast corner of the intersection with El Camino del Mar; Lot 008 in Assessor's Block 1312 - Request for Variances from Planning Code Sections 133, 134 and 188 to modify a required side yard, the required rear yard and a noncomplying structure. The project proposes to construct a three-story side horizontal addition and to enlarge the existing partial fourth floor at the existing four-story, single-family residence. The subject building is within an RH-1(D) (Residential, House, One-Family, Detached) Zoning District and a 40-X Height and Bulk District.

18a. 2008.0319D (E. WATTY: (415) 558-6620)

1515 12TH AVENUE - west side between Kirkham and Lawton Streets, Lot 004 in Assessor's Block 1858 - Mandatory Discretionary Review pursuant to Planning Code Section 317, of Building Permit Application No. 2006.08.25.0622, proposing the demolition of a one-story-over-garage, single-family dwelling, located 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 demolition.

18b. 2008.1364D (E. Watty: (415) 558-6620)

1515 12TH AVENUE - west side between Kirkham and Lawton Streets, Lot 004 in Assessor's Block 1858 - Mandatory Discretionary Review pursuant to Planning Code Section 317, of Building Permit Application No. 2006.08.25.0627, proposing the construction of a new four-story, two-family dwelling, located in a 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 proposed.

I. 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 12:18:22 PM