March 8, 2007

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, March 8, 2007

2:00 PM

Regular Meeting

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

COMMISSIONER ABSENT: None

THE MEETING WAS CALLED TO ORDER BY PRESIDENT ALEXANDER AT 2:08P.M.

STAFF IN ATTENDANCE: Dean Macris – Director of Planning, Larry Badiner – Zoning Administrator, Amit Ghosh – Chief Planner, Aaron Starr, Edgar Oropeza, Michelle Glueckert, Anmarie Rodgers, Linda Avery – Commission Secretary.

• CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE (Tape IA)

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. 2003.0773E (R. AHMADI: (415) 558-5966)

55 Laguna Mixed Use Project - Public Hearing on Draft Environmental Impact Report -The project site is located at 55 Laguna Street in the Hayes Valley neighborhood of San Francisco on the two city blocks bounded by Haight Street to the north, Laguna Street to the east, Hermann Street to the south, and Buchanan Street to the west. The proposed project would include new construction as well as renovation of most of the vacant buildings on the former University of California Berkeley Extension Campus to provide residential, community facility, retail space, open space and parking. The project site currently contains four buildings that were formerly occupied by educational uses, including Woods Hall, Woods Hall Annex, Richardson Hall and Middle Hall. The project site also contains the UCSF dental clinic that is currently in use. The project would renovate Woods Hall, Woods Hall Annex, and most of Richardson Hall to be used for residential and community facility space. Middle Hall would be demolished as would the Richardson Hall Administration wing, a small single-story portion of Richardson Hall located at the north end of the building. New infill construction would include the development of seven new residential buildings ranging in height between three and eight stories. The tallest building, at a maximum height of 85 feet, would be built by an organization called openhouse, specifically for lesbian, gay, bisexual and transgender seniors (hereinafter referred to as the openhouse building). The proposed project would accommodate up to 450 residential units including approximately 85 units in the openhouse building, approximately 10,000 sq. ft. of community facility space, and up to 5,000 occupied sq. ft. of retail space. The project would provide a variety of open spaces, including a privately owned, publicly accessible park, which would be located along the Waller Street alignment. The project would provide approximately 352 on-site parking spaces, including 51 spaces for the dental clinic and up to 10 spaces for a car share organization primarily within four below ground garages, and a small amount of above-ground parking. The project would require a change in the zoning district from P (Public) to RTO (Residential-Transit Oriented) and NCT-3 (Neighborhood Commercial Transit Moderate Scale Mixed-Use), new zoning classifications proposed for Market and Octavia Area Plan, or a mixed-used Special Use District. The dental clinic would remain in a P zoning district. The project would also require an adjustment in the height and bulk designations of the site from 40 X and 80-B to 40-X, 50-X and 85-X. The proposed project would also require an amendment to the San Francisco General Plan to allow the change from a public/institutional use designation to residential mixed-use designations, and to allow an increase in building heights.

Note: Written comments will be received at the Planning Department until 5:00 p.m. on March 19, 2007.

Preliminary Recommendation: No action required.

(Proposed for Continuance to March 15, 2007)

SPEAKERS: None

ACTION: Continued as proposed.

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

2. (P. Lord: (415) 558-6311)

Western SoMa Citizens Planning Task Force Annual Progress Report for 2006 - Informational

(Proposed for Continuance to March 15, 2007)

SPEAKERS: None

ACTION: Continued as proposed.

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

3. 2006.0766EX (J. MILLER: (415) 558-6344)

345 STOCKTON STREET - west side between Post and Sutter Streets, Lot 16 in Assessor's Block 295, in a C-3-R (Downtown Retail) Zoning District and an 80-130-F Height and Bulk District - Review under Planning Code Section 309 of the renovation of an existing building (Grand Hyatt Hotel) involving a reconfiguration of the lobby and outdoor public plaza area.

Preliminary Recommendation: Consisting with Planning Code Section 309.

(Proposed for Continuance to March 22, 2007)

SPEAKERS: None

ACTION: Continued as proposed.

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

4. 2005.0030E (V. WISE: (415) 558-5955)

3400 CESAR CHAVEZ STREET - Lot 004 of Assessor's Block 6569, bounded by 26^th Street, Cesar Chavez Street, Bartlett Street, and Mission Street - Appeal of Preliminary Mitigated Negative Declaration for demolition of the existing building (most recently a retail paint store) and construction of a new four-story building with a 12,000-square-foot Walgreens store and up to three smaller retail spaces on the ground floor, as well as 60 one-, two-, and three-bedroom condominiums above. The building would be about 115,000 gross square feet in size and approximately 50 feet in height. A total of about 97 parking spaces would be provided, with most located in a basement-parking garage. Access to the residential and employee parking garage would be from Bartlett Street, while access to surface-level customer parking for the retail stores would be from Cesar Chavez Street. The project site is located within an NC-3 (Moderate Scale Neighborhood Commercial) zoning district and a 50-X height and bulk district. The project site is in the Easter Neighborhoods Planning Area.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

(Proposed for Continuance to March 22, 2007)

SPEAKERS: None

ACTION: Continued as proposed.

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

5. 2005.0030C (J. PURVIS: (415) 558-6354)

3400 CESAR CHAVEZ STREET - north side between Mission and Bartlett Streets, and extending to 26^th Street; Lot 004 in Assessor's Block 6569 - Request for Conditional Use Authorization to construct a mixed-use Planned Unit Development (PUD) of up to 60 dwelling units, approximately 16,000 square feet of ground floor commercial space, with up to 97 independently accessible off-street parking spaces. This project requires Conditional Use approval for a PUD with an exception from rear yard requirements and residential density limits under Section 304 of the Planning Code, for development on a lot greater than 10,000 square feet under Sections 121.1 and 712.11, for a non-residential use size greater than 6,000 square feet under Sections 121.2 and 712.21, and for a formula retail use under Sections 703.4 and 303(i). The site is within an NC-3 (Moderate-Scale Neighborhood Commercial) Use District, and a 50-X Height and Bulk District.

(Proposed for Continuance to March 22, 2007)

SPEAKERS: None

ACTION: Continued as proposed.

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

6. 2007.0096D (K. DURANDET: (415) 575-6816)

542 KANSAS STREET - west side between 18^th and Mariposa Streets; Lot 0010 in Assessor's Block 4010 - Request for Discretionary Review of Building Permit Application No. 2006.0130.3332, proposing a vertical and horizontal addition to an existing two story single-family dwelling converting it to a three story two-family dwelling in an RH-3 (Residential, Three-Family) District and a 40-X Height and Bulk District. The proposal required and was granted a Rear Yard Variance for the horizontal addition at a public hearing held on August 23, 2006.

Preliminary Recommendation: Do not take Discretionary Review and approve the building permit application.

(Proposed for Continuance to April 12, 2007)

SPEAKERS: None

ACTION: Continued as proposed.

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

7. 2006.1415D (G. CABREROS: (415) 558-6169)

2721 PIERCE STREET - west side between Green and Vallejo Streets, Lot 006 in Assessor's Block 0560 - Request for Discretionary Review of Building Permit Application No. 2006.07.03.5586 proposing to remove an existing sun porch at the rear of the building and to construct a two-story rear addition with basement measuring approximately 19 feet deep by 12 feet wide. The existing building is a single-familiy residence in an 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.

(Continued from Regular Meeting of February 1, 2007)

(Proposed for Continuance to April 5, 2007)

SPEAKERS: None

ACTION: Continued as proposed.

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

8. 2006.1340D (M. GLUECKERT: (415) 558-6543)

2219 BRYANT STREET - east side between 20^th Street and 21^st Street, Assessor's Block 4087, Lot 037 - Request for Discretionary Review of Building Permit Application No. 2006.04.25.9790, proposing a vertical addition to an existing two-story single-family dwelling, adding one dwelling unit and one additional off-street parking space, located in a RM-1 (Mixed Residential, Low Density) District, and a 40-X Height and Bulk District.

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

(Proposed for Indefinite Continuance)

SPEAKERS: None

ACTION: Continued as proposed.

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

B. COMMISSIONERS' QUESTIONS AND MATTERS

Adoption of Commission Minutes– Charter Section 4.104 requires all commissioners to vote yes or no on all matters unless that commissioner is excused by a vote of the Commission. Commissioners may not be automatically excluded from a vote on the minutes because they did not attend the meeting.

9. Consideration of Adoption -

• Draft Minutes of Regular Meeting of September 21, 2006.

SPEAKERS: None

ACTION: Approved as corrected

Page #6 Marin instead of Marine

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

• Draft Minutes of Regular Meeting of January 11, 2007.

SPEAKERS: None

ACTION: Approved

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

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.

Commissioner Antonini

- Two weeks ago we considered a change to the demolition ordinance by Supervisor Maxwell. The Commission voted against it.

- The Papers put it as a moratorium but it is actually a change from Discretionary Review to Conditional Use.

- I wonder where the Planning Commission fits in and what the action would be?

- On the draft Planning Bulletin dated March 1, proposing an ordinance to change the condominium conversion policy:

1. Questioned if the ordinance would come to the Commission.

Today's Examiner newspaper has an article about condo conversion and how the policy would affect new developments.

Commissioner Sugaya

1. I would like to receive a map on the RFP of the Transit Center District that shows what the boundaries are.
2. If the Transit Center were created, it would need the process of an Environmental Impact Report.

- I'm concerned about contenders submitting project proposals for the Transit Center while working for the competition.

1. Requested that an evaluation of the use of asbestos be included on the design guidelines.

- In the RFP, page 10, General Control, we might want to include some language of green buildings and how it takes place in this particular work.

Commissioner Moore

1. Relative to RFP computer modeling, I have concerns that some firms would take advantage for its cost.

1. Requested staff to respond to questions raised today when we calendar the discussion on the Transbay.

Commissioner Alexander

1. There are a lot of questions on the Transbay Terminal.
2. We should calendar a time to discuss it.

Commissioner W. Lee

1. Strongly suggested that we send our questions to the Director or Secretary so we get a response for the discussion.

Director Macris

- Staff is very aware of the potential conflict of two firms remaining in the competition.

- We will make sure they are not involved in our terminal area project.

- We want to develop capacity on staff and not depend on architectural firms for modeling the Transbay.

Zoning Administrator Badiner

- Staff found out in August last year about the condominium conversion policy.

- They have been sent to only check for conformity with the General Plan Policy.

- Staff has been working on a draft proposal. An informational hearing could be arranged.

C. DIRECTOR'S REPORT

11. Director's Announcements None

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

AnMarie Rodgers of Department staff reported: on the Board of Supervisors:

1. Amendment to Section 610 - Enforcement Provision for General Advertisement Signs: Penalties were lowered by the Board. Passed & will be effective in May 2007

2. Amendment to Section 176 – Enforcing Provision for violations of Planning Codes. Passed & will be effective in May 2007

3. Interim Moratorium for Micro-cell Equipment sponsor by all Supervisors.

Continued for 45 days.

Cooperative process between Zoning Administrator, Supervisor Peskin and Cell phone providers to revise process of micro-cell approval.

4. Conditional Use for demolition introduced by Supervisor Maxwell:

To provide interim control for 6 months or until permanent control are established. Adopted.

Staff is working on a proposal to codify the existing policy for structure demolitions. To be presented to the Commission on March 15.

1. New Legislation introductions:
   1. Hearing on seismic retrofit and development at the California Pacific Medical Center to gather more information on development plan site and the impact on the surrounding neighborhood. Assigned to the Land Use and Economic Committee.
   2. Informational hearing on the San Francisco Bay Trail to get more data on the trail and the increase in activity due to the Marina Renovations. Assigned to the City Operations and Service Committee.

Land Use Commitee

1. Advisory Resolution introduced by Supervisor McGoldrick: - Planning Department to initiate and recommend an amendment to the Housing Element of the General Plan:

A)- New developments of 5 units or more to contribute to affordable housing.

B)- Update language of Housing Element to reflect 5 units or more instead of 10 units.

C)- Planning updated in 2004; it is schedule for new updates in 2009.

D)- Asked Planning to evaluate Housing Element with Major's Office of Housing.

Passed

1. Introduced a hearing on the size, retrofit, and development at California pacific Medical Center:

- Discuss the development site plan; and

- Impact on the surrounding neighborhood

Board of Appeals

- 3827 California Street – DR on dwelling unit merger -- Overturned +4-1

D. GENERAL PUBLIC COMMENT – 15 MINUTES (Tape IB)

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

Joe Buttler

- Regarding the 869 North Point-demolition:

1. The house was sold for $950,000 but the new owner submitted an appraisal of $2 million dollars.
2. Bryan Larry (sp) did the appraisal, which was inflated, that allowed for approval.
3. Mr. Larry's is not licensed to appraise properties over $1 million.
4. This is an invitation to submit inaccurate documentations to get approval on demolitions that are already a burden on the neighbors.
5. Requested a review of policies, codes and staff with appraisal expertise.

John Bardis

1. It is not appropriate to have a condominium conversion policy coming out without being reviewed by the Commission.
2. Requested a review of codes to protect existing housing from condominium conversion while at the same time encouraging new housing construction with limits on conversion.
3. Suggested a report on where condominium conversions have taken place for the last 20 years.

Hiroshi Fukuda

1. This past weekend there was a segment on television about people moving out of the city.
2. We are talking about building housing but there are no people to live in those houses.

Michael Aldrich

1. Passed on the results of five studies on cannabis usage for medical purposes.
2. Cannabis does not impair judgment like alcohol does.
3. Decisions should be made based of scientific studies rather than personal opinions.

E. REGULAR CALENDAR

13. 2006.1360D (Tape IB; IIA) (A. STARR: (415) 558-6362)

1326 grove street - northwest corner of Grove and Divisadero Streets; Lot 004 in Assessor's Block 1182 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of medical cannabis dispensaries, of Building Permit Application 2006.10.27.6252, to legalize an existing medical cannabis dispensary (dba BASA Collective). The property is located within an NC-2 (Small Scale, Neighborhood Commercial) District and a 40-X Height and Bulk District.

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

SPEAKERS

Tyrike Laris, Project Sponsor

- We are a non-profit organization providing service to 600 people.

- An average of 15 to 20 patients are seen every day.

- About 16 security cameras monitor inside and outside the location.

- There are 10 parking spaces for our patients.

Michael Aldrich

- Project sponsor has been very careful and faithful through the process.

- Location has changed positively with new security measures and staff.

Mary Ingrim

- Requested approval.

- Location is wheelchair accessible.

- This dispensary cares for people and the community.

Stephanie Tucker

- Project sponsor is actively involved in the neighborhood and cares for the community.

- Recommended approval for both sites [items #13 and #14].

Shawna

- Highly recommended both projects.

- Owner supports the community both from an operator and activist level.

Reverand Randy

- Supporst the project.

- Owner has supported the community.

- It is a good asset in the neighborhood.

Kevin Reed

- Project Sponsor was the only one willing to help when it was most needed.

Lisa Zahner

- Opposes the project.

- The parking lot is being used for criminal activities.

- I witnessed an incident where patients from the dispensary were involved in drug activity.

- There are six dispensaries within 10 blocks.

- There is no school within 1,000 feet, but there is one within 1,325 feet, which I consider too close to children.

- It is too much in a small concentrated area.

Wayne Justmonn

- Owner works very diligently in the dispensary.

- There is the sale of alcohol and tobacco in the same area.

- This dispensary can't solely be responsible of every criminal activity in the neighborhood.

Johnnie Coloserie

- The supervision of the parking lot is divided between three people.

- Dispensary has helped decrease criminal activity with nine security cameras on the outside of the premises.

- We voluntarily provide tapes to police when there is a crime within our area of survailance.

ACTION: Did not take Discretionary Review and Approved.

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

NAYES: Alexander and Antonini.

14. 2006.1358D (Tape IIA) (E. OROPEZA: (415) 558-6381)

208 VALENCIA STREET - west side between Duboce Avenue and Clinton Park; Lot 002 in Assessor's Block 3533 - Mandatory Discretionary Review, under the Planning Code Section 217(k) requiring review of Medical Cannabis Dispensaries (MCDs), of Building Permit Application 2006.10.30.6369, to maintain operation of an existing MCD (d.b.a.  Valencia Street Caregivers ). The property is located within a C-M (Heavy Commercial) Use District and a 50-X Height and Bulk District.

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

SPEAKERS

Robert Raich, Representing Project Sponsor

- There are no more dispensaries in the neighborhood.

- This one has been there since 2004. It is a small, quite and discreet place.

- There is no medication on site and no physical changes are needed.

- It is a tremendous asset for the community.

- It provides free medicine, food, and service and has contributed to local charities.

Wayne Justmonn

- This site is a vital asset for the community.

- Patient average per day for small dispensaries is 20 to 30; larger is 75 to 100.

Kevin Reed

- Requested continued support of medical dispensaries.

Mary Ingrim

- Every dispensary has different strains to help different medical condition.

- It is economical and an asset to the community.

Derek Whitcraft

- I am a cannabis user for lose of sight and strong headaches.

- This dispensary is very discreet, affordable, efficient and compassionate.

Reverand Randy

- Caring, compassionate, hospitality and service are part of the program of these facilities.

Tyrike Laris

- Shared photos of the site.

- There is only one door for accessing the dispensary. It is very discreet.

ACTION: Did not take Discretionary Review and Approved.

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

ABSENT: Alexander.

15. 2006.1472CK (Tape IIA) (M. GLUECKERT: (415) 558-6543)

860 Folsom Street - northwest side between 4^th Street and 5^th Street - Request for Conditional Use Authorization under Planning Code Section 263.11 for a height exception in the South of Market RSD (Residential/Service) District and within a 40-X/85-B Height and Bulk District. The proposal is for a horizontal alteration at the fourth floor of the structure to add approximately 500-square-feet to the fourth floor. The height of the building will remain at the existing height of approximately 50-feet.

Preliminary Recommendation: Approval with Conditions

SPEAKERS

John Stricklin, Project Sponsor

- This addition would convert the house to a three-bedroom home.

- We have met Planning's requirements.

- We met with the Western SOMA Citizen Task Force and adjacent neighbors.

- Letters of support are included in the project packet.

- We have agreed to support the community with in-lieu fee.

Jim Meko

- Submitted SOMA Task Force progress report of this year.

- The South of Market Residential/Service District is an experiment intended to benefit housing.

- Allowing exception is not about adding one bedroom but to help affordable housing.

ACTION: Approved as amended by Staff: Require the in-lieu fee for South of Market Stabilization Fund.

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

MOTION 17390

16. 2005.1059E (Tape IIA) (P. MALTZER: (415) 558-5977)

Authorization of ERO to Conduct EIR Hearings Near Project Sites - Consider authorizing the Environmental Review Officer, or his designee, to take supplemental public testimony at additional hearings on Draft EIRs for six water system improvement program (WSIP) projects proposed by the San Francisco Public Utilities Commission in jurisdictions outside the City and County of San Francisco. The six projects include:

1. The Program EIR for the WSIP, which would include public hearings in Sonora, Modesto, Fremont, Palo Alto;
2. The Calaveras Dam Replacement Project, with a proposed public hearing in Fremont;
3. The New Treated Water Reservoir project, with a proposed public hearing in Fremont;
4. The New Irvington Tunnel project, with a proposed public hearing in Fremont;
5. The Bay Division Pipeline Reliability Upgrade project, with proposed public hearings in Fremont and Redwood City; and
6. The New Crystal Springs Bypass Tunnel project, with a proposed public hearing in Hillsborough.

The public hearings in other jurisdictions would be in addition to, and not in lieu of, this hearing to take public comment on the draft EIRs for the proposed projects. The Planning Commission may also authorize the Environmental Review Officer, or his designee, to hold additional public hearings, as provided in San Francisco Administrative Code Sections 31.05 and 31.14. Because the projects will affect areas outside the City and County of San Francisco, the Environmental Review Officer recommends holding additional public hearings near the projects site and is requesting authorization from the Planning Commission to do so.

Preliminary Recommendation: Authorize the Environmental Review Officer to conduct additional public hearings on the Draft EIRs for six water system improvement program (WSIP) projects.

SPEAKERS: None

ACTION: Approved

AYES: Alexander, Antonini, S. Lee, W. Lee and Olague.

ABSENT: Moore

EXCUSED: Sugaya

MOTION 17391

6:00 P.M.

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.

Re: Items 17 and 18

SPEAKERS

James Haas

- Do not delay the Plan any longer.

- There is a loan of $25 million dollars from the city for Octavia Boulevard that needs to be repaid.

- There are buyers for the sale of the land for this project waiting for a decision.

Hiroshi Fukuda

- Read a letter from Coalition of Sunset Neighborhoods requesting a written opinion from the City Attorney on the proposed legislation.

- Such legislation, according to the Zoning Administrator, would apply specifically to the Market and Octavia Plan and no other property is subject to it.

- The request was made at the February 22^nd hearing and should be submitted no later than March 1.

- No action should be taken until the Commission receives the written opinion.

John Bardis

- Sunset Coalition passed a resolution requesting the Commission to ask the City Attorney for a written opinion regarding the proposed legislation.

- Zoning Administrator passed a written interpretation of it.

- We are asking for the legal opinion to give us a chance to consult other attorneys.

- We need assurance that this legislation is not or will not affect other properties in the city.

Marilyn Amini

- City Attorney's determination is very significant.

- Zoning Administrator is not bound for interpretation but the enforcement of the codes.

- Section 302 states that boundaries affected by this plan should be notified.

- Any new legislation needs to alert the public of its impact.

- This applies outside the boundaries of the Market and Octavia Plan.

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

17a. 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 March 1, 2007)

SPEAKERS: None

ACTION: Continued to March 22, 2007

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

ABSENT: Sugaya

17b. 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 March 1, 2007)

SPEAKERS: None

ACTION: Continued to March 22, 2007.

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

ABSENT Sugaya

18. 2003.0347MTZU (J. BILLOVITS (415) 558-6390/A. RODGERS: (415) 558-6395)

MARKET AND OCTAVIA PLAN AMENDMENTS - Adoption of resolutions to amend the General Plan, Planning Code, Zoning Map and other matters related to the Market and Octavia Neighborhood Plan. The Planning Commission will hold a public hearing on March 8, 2007 to consider Case No. 2003.0347MTZU, and consider Resolutions to adopt amendments to the San Francisco General Plan, Planning Code and Zoning Map and other matters 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 continued a hearing scheduled for March 1, 2007 to March 8, 2007. The Commission has and will consider and receive public comment on specific aspects of the Plan and proposed amendments at the hearing.

The series of hearings was originally scheduled to culminate in a hearing to consider adoption actions on or after March 8, 2007. 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, February 15, 2007, and continued a hearing scheduled for March 1, 2007 to March 8, 2007, with adoption actions proposed on or after March 8, 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 ttp://marketoctavia.betterneighborhoods.org.

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 March 8, 2006. 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 # 8 – March 8, 2007

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

· Follow-Up on various Comments and Questions (continuation)

· Commission consideration of adoption of amendments to the General Plan, Planning Code and Zoning Map and adoption of related provisions.

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 8, 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. (near 16th & 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: None

ACTION: Continued to March 22, 2007.

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

ABSENT Sugaya

8. PUBLIC COMMENT

SPEAKERS: NONE

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: 6:18 P.M.

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

SPEAKERS: None

ACTION: Action

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.