SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, February 15, 2007

1:30 PM

Regular Meeting

COMMISSIONERS PRESENT: Alexander, Antonini, S. Lee, W. Lee, Moore, Olague, and Sugaya

COMMISSIONER ABSENT: None

THE MEETING WAS CALLED TO ORDER BY PRESIDENT ALEXANDER AT 1:45P.M.

STAFF IN ATTENDANCE: Dean Macris – Director of Planning, Larry Badiner – Zoning Administrator, Amit Ghosh – Chief Planner, Michael Smith, Aaron Starr, Alicia John-Baptiste, Michelle Glueckert, AnneMarie Rogers, John Billovits, Linda Avery – Commission Secretary.

• 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. 2006.0949DDDDDDD (M. SMITH: (415) 558-6322)

376 EUREKA STREET - west side between 20^th and 21^st Streets, Lot 017 in Assessor's Block 2749 - Request for Discretionary Review of Building Permit Application No. 2005.08.30.1650, proposing to raise the building two-feet to construct a ground floor garage, add dormers, and construct a two-story horizontal addition at the rear, 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

(Continued from Regular Meeting of January 25, 2007)

(Proposed for Continuance to March 1, 2007)

SPEAKERS

Sue Hestor - Representing the DR Requestors

-Exemption has not been issued from the Secretary of the Interior's Standard Department. Material is not ready for hearing.

-Questioned whether or not a two-week continuance is realistic for this case.

ACTION Continued as proposed

AYES Alexander, Antonini, S. Lee, W. Lee, Moore, Olague and Sugaya

2. 2005.0351E (V. WISE: (415) 558-5955)

700 VALENCIA STREET - Lot 001 of Assessor's Block 3588, bounded by Valencia, 19^th, Lapidge and 18^th Streets - Appeal of Preliminary Mitigated Negative Declaration. The proposed project would include demolition of an existing building and construction of a five-story, 50-foot-tall mixed-use building totaling approximately 22,662 square feet. The building would include nine dwelling units, nine parking spaces and one commercial unit. Vehicular access to the garage would be via 18^th Street. Access to the commercial unit would be at the corner of Valencia and 18^th Street and along Valencia Street. The project site in the Valencia Neighborhood Commercial zoning district and is within a 50-X height and bulk district. The project site is in the Eastern Neighborhoods Plan Area and is subject to the Housing/Mixed Use Guidelines.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

(Proposed for continuance to April 19, 2007)

ACTION Continued as proposed

AYES Alexander, Antonini, S. Lee, W. Lee, Moore, Olague and Sugaya

3. 2003.0347E (R. AHMADI: (415)-558-5966)

Market & Octavia Neighborhood Plan - Certification of Final Environmental Impact Report - The project area lies to the west of the City's downtown financial district and sits at the junction of several neighborhoods, including, Civic Center, Hayes Valley, Western Addition, South of Market, Inner Mission, the Castro, Duboce Triangle, Eureka Valley, and Upper Market. The proposed neighborhood plan would reclassify the existing zoning from Residential Districts (R), Neighborhood Commercial Districts (NCD's), Moderate-Scale Neighborhood Commercial (NC-3), and Heavy Commercial (C-M) to Downtown General Commercial Districts (C-3-G), Residential Transit Oriented (RTO), Neighborhood Commercial Transit Districts (NCT), Neighborhood Commercial-Transit, and Moderate-Scale Mixed Use Districts (NCT-3). It would also increase height limits in certain areas and reduce height limits in other areas. The proposed zoning and height reclassifications would increase the potential for residential development in the area.

Preliminary Recommendation: Certify the Final Environmental Impact Report.

Please note: The public review period for the Draft Environmental Impact Report is closed. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission during the Public Comment portion of the Commission calendar.

(Continued from Regular Meeting of February 1, 2006)

(Proposed for Continuance to March 1, 2007)

SPEAKERS

Marilyn Amini

-Requested the item to be continued for 90 to 120 days

-Two new amendments on zoning were just made public yesterday and would impact the Environmental Report.

-It would affect the entire city, not only Market-Octavia.

-Process is out of compliance because it has not been noticed publicly properly.

ACTION Continued as proposed

AYES Alexander, Antonini, S. Lee, W. Lee, Moore, Olague and Sugaya

4. 2003.0347E (R. AHMADI: 414-558-5966)

Market & Octavia Neighborhood Plan - Adoption of CEQA Findings Related to EIR and Potential Project Approval Action - The project includes proposed amendments to the General Plan, Planning Code and Zoning Map. The project area lies to the west of the City's downtown financial district and sits at the junction of several neighborhoods, including, Civic Center, Hayes Valley, Western Addition, South of Market, Inner Mission, the Castro, Duboce Triangle, Eureka Valley, and Upper Market. The proposed neighborhood plan would: (1) amend the General Plan, adding a new Area Plan (the Market and Octavia Area Plan) and make related amendments to the Commerce and Industry, Housing, Recreation and Open Space and Transportation Elements, the Civic Center Area Plan, Downtown Area Plan, South of Market Area Plan and the Land Use Index; and (2) amend the Planning Code and Zoning Map to reclassify the existing zoning from Residential Districts (R), Neighborhood Commercial Districts (NCD's), Moderate-Scale Neighborhood Commercial (NC-3), and Heavy Commercial (C-M) to Downtown General Commercial Districts (C-3-G), Residential Transit Oriented (RTO), Neighborhood Commercial Transit Districts (NCT), Neighborhood Commercial-Transit, Moderate-Scale Mixed Use Districts (NCT-3). The project would also increase height limits in certain areas and reduce height limits in other areas, and establish new fees. The proposed zoning and height reclassifications would increase the potential for residential development in the area.

Preliminary Recommendation: Adopt CEQA Findings.

(Continued from Regular Meeting of February 1, 2006)

(Proposed for Continuance to March 1, 2007)

ACTION Continued as proposed

AYES Alexander, Antonini, S. Lee, W. Lee, Moore, Olague and Sugaya

B. COMMISSIONERS' QUESTIONS AND MATTERS

5. Commission Comments/Questions

• Inquiries/Announcements. Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).
• Future Meetings/Agendas. At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.

Commissioner Antonini

-Projects like the Market/Octavia Plan help to improve the city and minimize criminal activities.

-It seems that people arrested in San Francisco for criminal activities are outsider.

-We should work as a team to find out why this is happening. Compare law enforcement from other cities to ours and try to improve ours.

-Requested staff provide a report on affordable housing percentages that exists in San Francisco [public housing, non profit, etc.]. Is it comparable with other cities?

Commissioner Moore

Welcomed Isam Hasenin, the new Director for the Department of Building Inspections.

Commissioner Sugaya

-Reminded staff that he requested RFP for the Transbay Terminal last week.

-Director Macris mentioned last week that he would include the Treasure Island topic on the list of informational hearing.

Amit Ghosh

-Informational hearing on Treasure Island is pending. The Project Manager is out of the country.

Commissioner W. Lee

-Requested staff to get information from ABAG on the goals for housing for the Bay Area, and provide a copy for the Commission.

-Reminded staff to request a report from DMV on the number of registered vehicles in San Francisco and from ABC, the number of all liquor licenses in San Francisco.

Commissioner Alexander

-It would be nice to include a map showing the locations with the report of liquor licenses issued in the city.

Commissioner Olague

-On the Transbay Terminal, the Bay Controller has reported on it. If possible, I'd like to get a copy of their opinion.

C. DIRECTOR'S REPORT

6. Director's Announcements NONE

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

The Zoning Administrator reported:

-There was an introduction at the Board [Supervisors] about a provision to the Inclusionary Housing that would apply to two units or more.

-There were no specific items at the Board of Appeals concerning this Commission.

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.

SPEAKERS

Jeffrey Leibovitz

-Eastern SOMA proposed a draft plan that lacks a few items.

-There is a need for analysis. Vacant lots not in use should be considered. Parks need to be improved.

-We should follow process in the Market/Octavia Plan for historic preservations and height limits.

Dale Hailger

-Has concerns with the Eastern SOMA draft plan, including height and keeping neighborhood character.

-There are a lot of empty lots and I would like to see those be kept in line, setting a height limit of 45 feet.

-Set a housing ratio: market-rate units versus affordable housing.

Louise Bird

-The draft Eastern SOMA plan does not conform to the actual maps given out.

-There should be methods of preservation to keep height limits the way they are now.

Toby Levy

-Eastern SOMA height limit has been substantially increased.

-It would affect alleys and put in jeopardy small buildings.

-Preserve the mixed-use character of Eastern SOMA. Reconsider heights.

-Let's do affordable housing without exposing anybody.

Sue Hestor

-Ask your Planning Staff to make sure block book notes are respected.

-Request staff to pull up block book notifications and send notices to those who paid for it them, letting them know about rezoning.

E. 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.

8a. 2005.0573D (M. SMITH: (415) 558-6322)

678 28^TH STREET- south side between Diamond and Douglass Streets, Lot 013 in Assessor's Block 6605 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of residential demolition, of Demolition Permit Application No. 2005.07.06.6950, proposing to demolish a one-story over garage, single-family dwelling, located in a RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

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

SPEAKERS: None

ACTION Did not take Discretionary Review and Approved

AYES Alexander, Antonini, S. Lee, W. Lee, Moore, Olague and Sugaya

8b. 2006.0923D (M. SMITH: (415) 558-6322)

678 28^TH STREET - south side between Diamond and Douglass Streets, Lot 013 in Assessor's Block 6605 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of a new residential building in association with residential demolition, of Building Permit Application No. 2005.07.06.6952, proposing to construct a two-story over garage, single-family dwelling, located in a RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

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

SPEAKERS: None

ACTION Did not take Discretionary Review and Approved

AYES Alexander, Antonini, S. Lee, W. Lee, Moore, Olague and Sugaya

Items # 9a, 9b and 10 were pulled off Consent Calendar for concerns and questions.

9a. 2006.0786D (M. SMITH: (415) 558-6322)

443 MADRID STREET - east side between Brazil and Persia Avenues, Lot 029 in Assessor's Block 6079 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of residential demolition, of Demolition Permit Application No. 2004.05.17.4118, proposing to demolish a one-story, single-family dwelling, located in a RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

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

SPEAKERS

Robert Shemplane, Project Sponsor

-Reviewed the plan and it is excellent.

-The building would allocate much more people with a better environment.

ACTION Did not take Discretionary Review and approved demolition

AYES Antonini, S. Lee, W. Lee, Moore, Sugaya, Olague and Alexander

9b. 2006.0923D (M. SMITH: (415) 558-6322)

443 MADRID STREET - east side between Brazil and Persia Avenues, Lot 029 in Assessor's Block 6079 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of a new residential building in association with residential demolition, of Building Permit Application No. 2004.05.17.4123, proposing to construct a two-story over garage, single-family dwelling, located in a RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

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

SPEAKERS: Same as those listed on item 9a

ACTION Took Discretionary Review and approved modified plans with more open circulation; and require a NSR for single-family dwelling

AYES Alexander, Antonini, S. Lee, W. Lee, Moore, Olague and Sugaya

10. 2006.1286D IA; IB (A. STARR; (415) 558-6362)

2364-2366 FULTON STREET - north side, between Willard and Parsons Streets, Lot 008 in Assessor's Block 1169 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of dwelling unit mergers, of Building Permit Application No. 2006.10.10.4589 proposing to legalize a dwelling unit merger that was done in 1998 without permits in an RH-3 (Residential House, Three-Family) District and 40-X Height and Bulk District. The merger will reduce the number of legal dwelling units from three to two.

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

SPEAKERS

Scott Arthur, Project Sponsor

-Subdividing up a level to comply with the California Building Code is doable.

-In 1998 it was converted from a three to two-unit building and prior owners did not go through a process to convert it.

Hector Gonzalez, Owner of the House

-We need to do some remodeling and need to correct the legalization of conversion.

ACTION Did not take Discretionary Review and approved the legalization of the merger.

AYES Antonini, S. Lee, W. Lee, Moore and Olague

NAYES Alexander and Sugaya

• F.REGULAR CALENDAR

11. IB; IIA (A. JOHN-BAPTISTE: (415) 558-6547)

PLANNING DEPARTMENT'S PROPOSED WORK PROGRAM AND BUDGET FOR FY 2007-2008 - Informational presentation on the Planning Department's Proposed Work Program and Budget for Fiscal Year 2007-2008.

(Continued from Regular Meeting of February 8, 2007)

SPEAKERS: None

ACTION: Informational only. No action required by the Commission.

12a. 2006.1536B IIIA (M. Glueckert: (415) 558-6543)

1515 THIRD STREET, AKAMISSION BAY SOUTH, BLOCK 27, PARCEL 1; AKA LOT 012 IN ASSESSORS BLOCK 8721 - application for design review and office allocation pursuant to Planning Code Section 321 et seq. to construct a new six-story building, approx. 216,491 gsf, with a total office space allocation of 202,893 sf. The building is approx. 89' in height and will provide approx. 12,169 sf of ground floor retail space. Parking will be provided on-site on Block 27, Parcels 2 and 3. The site is located in a Mission Bay Commercial-Industrial Zoning District and an HZ-5 Height District.

Preliminary Recommendation: Approve with conditions

SPEAKERS

Teresa, Alexandria Real State Equity, Project Sponsor

-A significant investment has been made for a Biotech campus surrounded by the UC renovation under construction.

-Invited Commissioners to visit the new building at 1700 Owens Street, 5^th floor.

John

-We intend to create a more interesting western facade.

-Horizontal and vertical is broken up to create more of an affect.

Ted, Project Designer

-This is a very good urban plan and we will work in close cooperation with the Planning Department.

-The key is to create something on the skyline to break up the massive point of view.

-Different colors and shapes enhance neighborhoods and public-parks.

-Two buildings would look as one separated by a private-park.

ACTION Continued in two phases:

-Informational discussion on Mission Bay on March 22, 2007

-Possible action on project on April 19, 2007

AYES Alexander, S. Lee, Moore, Olague and Sugaya

NAYES Antonini

ABSENT W. Lee

12b. 2006.1509B (M. Glueckert: (415) 558-6543)

1455 THIRD STREET AND 455 MISSION BAY BLVD. SOUTH, AKAMISSION BAY SOUTH, BLOCK 26, PARCELS 1-3; AKA LOT 012 IN ASSESSORS BLOCK 8721 - application for design review and office allocation pursuant to Planning Code Section 321 et seq. to construct three new buildings, with a total of approx. 380,999 gsf, and a total office space allocation of 373,487 sf. Building 1 is approx. 159' in height. Buildings 2 and 3 are approx. 90' in height. Ground floor retail space will be provided in Buildings 1 and 2. Parking will be provided off-site on Block 27. The site is located in a Mission Bay Commercial-Industrial Zoning District and an HZ-5 Height District.

Preliminary Recommendation: Approve with conditions

SPEAKERS Same as those listed on item 12a

ACTION Continued in two phases

-Informational discussion on Mission Bay on March 22, 2007

-Possible action on project on April 19, 2007

AYES Alexander, S. Lee, Moore, Olague and Sugaya

NAYES Antonini

ABSENT W. Lee

13. 2006.1408C IIIA (S. Vellve: (415) 558-6263)

2308 Clement Street - north side between 24^th and 25^th Avenues; Lot 019 in Assessor's Block 1409 - Request for Conditional Use Authorization pursuant to Sections 186.2, 717.53 and 303 of the Planning Code to convert a two-story commercial building from a Massage Establishment to a Business/Professional Office use within the Outer Clement Neighborhood Commercial District, 40-X Height and Bulk District. Section 186.2 of the Planning Code requires Conditional Use Authorization to enable one use to occupy both floors of the existing two-story building.

Preliminary Recommendation: Approve with conditions

SPEAKERS

Tony, Project Sponsor

-Local merchants support the project.

ACTION Approved

AYES Alexander, Antonini, S. Lee, Moore, Olague and Sugaya

ABSENT W. Lee

MOTION 17376

14. 2006.1272D IIIA; IIIB (M. SMITH: (415) 558-6322)

3925-27 20^TH STREET - south side between Church and Sanchez Streets, Lot 067 in Assessor's Block 3605 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of all dwelling unit mergers, of Building Permit Application No. 2006.09.21.2966

, proposing to merge two dwelling units into a single dwelling unit, located in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and Disapprove the Merger

SPEAKERS

John Ramsbacher and Mark Jensen

-The property is in severe disrepair and we are trying to renovate it and keep the historic character.

-We just want to have our home habitable.

-14 neighbors support us and 19 signed a petition supporting our project.

-Close neighbors have stated that the property has not been occupied as two-units.

Donald Bird

-I've been a resident in this neighborhood since 1979.

-Help our community to preserve our neighborhood.

-There were criminal activities in the house when it was vacant.

-The previous owner wanted to demolish the house but it was saved for historic preservation.

-Requested approval of this project because the new owners want to preserve the character and history of our neighborhood.

ACTION Did not take Discretionary Review and approved the merger

AYES Antonini, S. Lee, Moore, Olague and Sugaya

NAYES Alexander

ABSENT W. Lee

5:30 pm

IIIB; IVA; IVB; VA

15. 2003.0347MTZU (J. BILLOVITS (415) 558-6390/A. RODGERS: (415) 558-6395)

Draft Schedule for Planning Commission Hearing

This calendar gives notice that the Planning Commission will be hearing the following aspects of the Market & Octavia Plan on or after December 14, 2006. Be advised that due to the nature of the public hearings, the Commission may continue any particular hearing item and/or may not hear all items at the hearing. To confirm the final Commission Hearing schedule, on the week of the hearing please visit: http://www.sfgov.org/site/planning_meeting.asp?id=15840 or call Aksel Olsen at 558-6616.

Hearing # 7 – February 15, 2007

At this hearing, the Planning Commission may consider the following aspects of the Plan:

· Staff follow-up on various Commissioner comments and questions (continuation)

· Commission's direction and finalization of adoption packet of amendments to the General Plan, Planning Code and Zoning Map for Commission Action on March 1st, 2007.

MARKET AND OCTAVIA PLAN AMENDMENTS - The Planning Commission will hold a series of public hearings beginning on or after October 26, 2006, to consider Case No. 2003.0347EMTZ, adopting a Motion to certify the Final Environmental Impact Report and adopt CEQA Findings and consider Resolutions to adopt amendments to the San Francisco General Plan, Planning Code and Zoning Map related to the Market and Octavia Neighborhood Plan. A series of public hearings took place on October 26, 2006, Nov. 2, 2006, Nov. 9, 2006, Nov. 16, 2006,; a hearing scheduled for Dec. 7, 2006 was continued to January 11, 2007. The Commission has and will consider and receive public comment on specific aspects of the Plan and proposed amendments at each hearing.

The series of hearings was originally scheduled to culminate in a hearing to consider adoption actions on or after December 7, 2006. As the Nov. 16th hearing was cancelled, the Commission held hearing number four on Dec. 7, 2006; hearing number five, scheduled for December 14, 2006 was continued to January 11, 2007. The Commission scheduled additional hearings on February 8, 2007 and February 15, 2007, with adoption actions on or after March 1, 2007.

At the hearings, the Planning Commission will consider a rezoning and public improvements program to realize the vision articulated by the community through the Market and Octavia community planning process. For more information on this six-year planning process, please visit our website at http://marketoctavia.betterneighborhoods.org.

For more information on this six-year planning process, please visit our website at http://marketoctavia.betterneighborhoods.org. In addition to providing information about the proposed General Plan, Planning Code and Zoning Map amendments, staff will also provide follow-up information on issues discussed at earlier hearings.

Plan Area

The Plan encompasses an irregularly shaped area in northeast San Francisco. It extends two to three blocks in width along Market Street for ten blocks and extends north along the former Central Freeway alignment at Octavia Boulevard for ten blocks. Along Market Street, the Plan Area boundaries extend from 11th and Larkin Streets in the east to Noe and Scott Streets in the west. The boundary jogs north along Noe Street, Duboce Avenue, Scott Street, Waller Street, Webster Street, Oak Street, Buchanan Street, and Grove Street; continues north along the former Central Freeway alignment to include the area up to Turk Street between Laguna and Franklin Streets; and east of Franklin Street jogs south to Grove and Larkin Streets. The Project Area boundary extends south of Market Street between 10th and 11th Street to Howard Street. Extending west along Howard Street, the Project Area boundaries jog along Division, Clinton, Stevenson, Fourteenth, Guerrero, and Sixteenth Streets. The Project Area is comprised of 89 Assessor's Blocks in entirety or in part, including the whole of Blocks 759, 761, 768, 770, 783, 785, 792 to 794, 806 to 809, 813 to 819, 830 to 841, 850 to 858, 863 to 876, 3501 to 3506, 3512 to 3514, 3533 to 3538, 3541 to 3545, 3556 to 3560; and portions of 3507 (lot 40), 3510 (lots 49, 57), 3511 (lots 1, 23, 25, 31, 33, 74, 75, 80, 82, and 93), and 3532 (lots 14, 19B, 35, 36, 88, 89, 90 and 91).

Specifically, the Commission will consider the following items and may take action on or after March 1, 2007.

· Case 2003.0347M - a proposed General Plan amendment that would add a new area plan, the Market and Octavia Area Plan, and make related amendments to the Commerce and Industry, Housing, Recreation and Open Space and Transportation Elements, the Civic Center Area Plan, Downtown Area Plan, South of Market Area Plan and the Land Use Index;

· Case 2003.0347T - a proposed Planning Code text amendment that would revise Planning Code controls, including controls for land use, height and bulk, building design, loading, parking and establish new fees;

· Case 2003.0347Z - a proposed Zoning Map amendment that would revise Maps 2 and 2H, 7 and 7H, and 2SU and 7SU. The proposed Planning Code text and map (Zoning Map) amendments would a) establish three new zoning districts, b) amend the Hayes-Gough, Upper Market, and Valencia Neighborhood Commercial Districts (NCDs), c) update height and bulk districts, d) establish the Market and Octavia Community Improvements Impact Fee, and e) make related revisions necessary to implement the General Plan. The proposed changes are described in greater detail in Case 2003.0347T (above).

· Case No. 2003.0347U - Establishing interim procedures for Planning Department use for review of projects proposed within the Market and Octavia Plan area to protect potential historic buildings and potential eligible historic district or districts until an historic resources survey (Survey) is completed and the results of the Survey are incorporated into the Market and Octavia Plan and implementing instruments.

Together, these Commission actions are intended to implement the Market and Octavia Plan. In addition, an historic survey is currently being done of the project area; property owners considering constructing or altering a building in this area should consult with Planning Department staff to determine the historic resource status of their property. Property owners and interested parties are advised that height limits and other controls do not provide unqualified rights to development, but rather, proscribe the maximum potential building envelope that may be permitted; proposed buildings may not reach the maximum permitted building height/envelope. The Commission may also consider establishing interim procedures to guide the review of plans to construct new structures and alter existing structures to protect potentially eligible historic resources in the Plan Area prior to conclusion of an historic resources survey.

Members of the public may review a copy of the proposed amendments at the San Francisco Planning Department office at 1660 Mission Street 5th Floor, San Francisco, CA 94103, at the Public Library (the Main Library 100 Larkin St., and Harvey Milk branch library, 1 Jose Sarria Ct. (near16th & Market Sts.). An electronic copy of the proposed amendments and actions is available at http://marketoctavia.betterneighborhoods.org.

As part of Case No. 2003.0347T, the proposed Planning Code text amendment would revise Planning Code controls, including controls for land use, height and bulk, building design, loading, parking and establish new fees. The proposed amendments are described more fully below:

Establishment of Three Zoning Districts in the Plan Area

The Transit-Oriented Residential Use District (RTO) will replace most of the RH and RM districts zoning north and south of the Market Street corridor, extending north to Turk Street, west to Noe and Scott Streets, and South to Sixteenth Street. The proposed RTO district will encourage moderate-density, multi-family, and residential infill. Because of the availability of transit service, proximity of retail and services within walking distance, and limitation on permitted parking the RTO permits the construction of some housing without accessory parking. Parking controls will establish maximum caps (instead of existing minimum requirements) and housing density will be controlled by building envelope to encourage housing within buildings in keeping with neighborhood scale. Proposed heights in Residential Transit Oriented (RTO) Districts and RH districts primarily remain 40 and 50 feet as currently classified; in some RTO areas, permitted heights will change from 50, 80 and 105 feet to 40 and 50 feet.

A Neighborhood Commercial Transit District (NCT) will overlay the Hayes-Gough Neighborhood Commercial District and portions of the Upper Market and Valencia Neighborhood Commercial Districts within the Market and Octavia neighborhood. In named NCT and NC-1 (T) districts, parking controls will establish maximum caps (instead of existing minimum requirements) and housing density will be controlled by building envelope to encourage housing above ground-floor retail uses. These districts will largely keep the existing specific use-size controls. They include current Neighborhood Commercial Districts (Hayes-Gough, portions of the Upper Market, Valencia) and several parcels currently zoned NC-1.

The Van Ness and Market Downtown Residential Special Use District (VNMDR-SUD) will permit the development of a transit-oriented, high-density, mixed-use neighborhood around the intersections of Van Ness Avenue and Market Street and South Van Ness Avenue and Mission Street. This SUD will overlay existing C-3-G districts and existing C-M districts will be rezoned to C-3-G with this new VNMDR-SUD. Parking controls will establish maximum caps (instead of existing minimum requirements) and housing density will be controlled by building envelope to encourage housing in buildings with mixed-used podiums and some residential towers at two key intersections: Market Street and Van Ness Avenue and Mission Street and South Van Ness Avenue. Proposed heights in the Van Ness and Market Downtown Residential Use District (VNMDR-SUD) will change from 120, 130, 150, 160, 200 and 320 feet to 85, 120, 200, 320 and 400 feet; towers will be permitted over a podium of 85 or 120 feet; the highest towers will be permitted in the vicinity of the Market Street/Van Ness Avenue intersections.

In the Transit-Oriented Neighborhood Commercial Use Districts (NCT), height districts will change from 50, 80 and 105 feet to primarily 55, 65 and 85 feet; these districts will be located in SoMa West and along Market Street. The NCT district will largely replace C-M and NC-3 districts. In the NCT district, parking controls will establish maximum caps (instead of existing minimum requirements) and housing density will be controlled by building envelope to encourage housing above ground-floor retail uses. These districts will largely keep the existing specific use-size controls in place in the NC-3 district. Some heights on some parcels near Brady Street will change from 105 and 60 feet to 40 feet and 85 feet on parcels surrounding a proposed public open space.

Establishment of New Fees in the Plan Area

In order to fund the community improvements identified in the Plan, the Program document proposes to establish a Development Impact Fee, requiring the growth that generates the demand for additional infrastructure and services to provide some of the revenue required to fund the improvements. The proposal establishes a development impact fee on new residential and commercial development in the Plan Area. The fee proposal is $10.00 per square foot of residential development, and $4.00 per square foot of commercial development.

To encourage the provision of necessary and desirable public infrastructure improvements and also in order to mitigate the impacts of this increased localized density, the Department has established the Van Ness and Market Neighborhood Infrastructure Fund. Developers may provide in-kind public improvements (such as open space or streetscape improvements) or proportional in-lieu contributions to this fund that will allow the city to develop these facilities. The Department estimates that no more than 6 potential development sites would benefit from participating in the program. The Department has set the value of the additional FAR at par with the current market value of historic TDR credits ($15 per square foot).

Preliminary Recommendation: Adopt the following:

· Draft Motion to Certify the EIR and adopt CEQA Findings (Case 2003.0347EE)

· Draft Resolution to amend the General Plan (Case 2003.0347M); Draft Resolution to amend the Planning Code (Case 2003.0347T)

· Draft Resolution to establish interim procedures to protect potential historic landmarks and historic districts within the Market and Octavia Plan Area (Case 2003.0347U)

SPEAKERS

Hiroshi Fukuda

-Asked the City Attorney about proper notice of rezoning throughout the city.

Tom Radulovich

-Sent a letter asking the Commission to have an environmental finding to restore one-way Hayes Street to two-way; it was included in the plan proposal of 2002.

Mark Paez

-Rezoning should not occur before the historic survey is completed.

-One of the resolutions had a provision for extra scrutiny and it has expired. The Commission should put it into effect until extinguished or amend those provisions.

Richard Henderson

-The Buchanan/Market Street project proposal would cover an entire property obstructing sunlight.

Sue Hestor

-Requested a continuance until a model and the historic survey are done.

-Chart of streets shows neighborhoods having very deep hills and areas that are depressed. This process is treating it as a flat area.

Brian Bosing

-14% of people with AIDS are homeless. Stop HIV from spreading by housing people.

David Schoop

-Submitted a letter signed by 12 small business owners requesting not to be evicted in this process.

-The public does not want the project as it is now.

Robin Levitt

-50% of the proposed plan in the Hayes/Valley neighborhood is going to be affordable housing.

-Community services would be needed.

Jason Henderson

-Submitted a letter from Hayes/Valley neighborhood.

-Increase affordable housing by not constructing parking. Do not delay this project anymore.

Dennis Richards

-We want housing with a balance of livability and neighborhood character.

-The alternative Plan submitted to the Commission from Duboce/Triangle Neighborhood is with no height limit on interior blocks with 100% affordable housing.

Betty Levitin

-Proposes having a 40-foot height limit on Market Street to save sunlight.

Curt Holzinger

-Temporarily proposes a 55-foot height limit for the upper Market Street section.

Demian Quesnel

-Market/Octavia is a composition of various neighborhoods. It is not a neighborhood itself.

-Hayes/Valley Neighborhood supports affordable housing and public garages should be built.

Joe Curtin

-Castro College supports changes to the RTO zoning. It would have a gap in density.

-Supports conditional use with no density limit and 100 % affordable housing.

Harry O'Brien, Spears Construction

-Regarding the freeway parcel I addressed in the summary:

-Height limits on Grove/Gough Street is 55-feet. Changing it to 45 feet would loose one floor of affordable housing.

Jim Keith, Spears Construction

-Regarding Parcel 1: We met with the neighborhood and they support the project on Grove Street with a 55-foot height limit.

-We are committed to build affordable housing.

Patrick Spiers

-Gough/Grove Street project was purchased with the understanding of a 55-foot height limit.

Cynthia Servethick

-Rezoning would impact open space, public and historic preservation on Laguna Street.

-If you have a public hearing on the draft of environmental report, set it at 6pm to provide an opportunity for people to comment.

Peter Cohen

-This is a laborious process but it is working. The Duboce Triangle Neighborhood provided an alternative plan.

-Suggested having an Improvement and Advisory Committee.

Charles

-The plan should address topographical issues in the north section of Market Street.

-The reduction of parking is a gamble. Consider construction of public garages.

Adam

-The Castro neighborhood does not have meaningful affordable housing. This plan would start creating affordable housing for LGBT.

-The Duboce Triangle Neighborhood provided an alternative plan to increase density, keeping neighborhood character, and provides 100% affordable housing.

John

-This plan is giving rights to developers but no benefits for San Franciscans.

David Sincara, Project Sponsor

-We have been working with Staff to deal with the objectives of the Market and Buchanan Street project.

-Go forward with this plan

Marilyn Amini

-District Attorney differed the question to the Zoning Administrator about proper public notices.

-Reclassification of land requires notification to people who are going to be impacted.

ACTION: Informational hearing. No action required by Commission.

EXCUSED Sugaya

G. PUBLIC COMMENT (tape VA)

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))

SPEAKERS

Marilyn Amini

-There should be an Attorney to work just for the Commission

-The Code requires that material should be available to the Commission and the public at least seven days prior to hearing.

Adjournment: 9:38pm

THESE MINUTES WERE PROPOSED FOR ADOPTION AT THE SPECIAL MEETING OF THE PLANNING COMMISSION ON THURSDAY, May 31, 2007.

SPEAKERS: None

ACTION: Approved

AYES: Antonini, S. Lee, W. Lee, Moore, Olague, and Sugaya

ABSENT: Alexander

NOTE: Per Section 67.18 of the Administrative Code for the City and County of San Francisco, Commission minutes contain a description of the item before the Commission for discussion/consideration; a list of the public speakers with names if given, and a summary of their comments including an indication of whether they are in favor of or against the matter; and any action the Commission takes. The minutes are not the official record of a Commission hearing. The audiotape is the official record. Copies of the audiotape may be obtained by calling the Commission office at (415) 558-6415. For those with access to a computer and/or the Internet, Commission hearings are available at www.sfgov.org. Under the heading Explore, the category Government, and the City Resources section, click on SFGTV, then Video on Demand. You may select the hearing date you want and the item of your choice for a replay of the hearing.