January 21, 2010

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, January 21, 2010

11:00 AM

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 Meeting Procedures

Material submitted by the public for Commission review prior to a scheduled hearing should be received by the Planning Department reception counter at 1650 Mission Street, 4th floor, no later than 5:00 PM the Wednesday (eight days) prior to the scheduled public hearing. Persons unable to attend a hearing may submit written comments regarding a calendared item to: Planning Commission, 1650 Mission Street, Suite 400, San Francisco, CA 94103-2414. Comments received by 11:00 AM on the day of the hearing will be made part of the official record and will be brought to the attention of the Planning Commission at the public hearing. Otherwise, submit material related to a calendared item at the scheduled hearing for distribution. For complete distribution to all Commissioners, necessary staff and case/docket/correspondence files, submit an original plus 10 copies. When sending e-mail correspondence to Commissioners, please copy the Commission Secretary at: linda.avery@sfgov.org

Pursuant to Government Code Section 65009, if you challenge, in court, (1) the adoption or amendment of a general plan, (2) the adoption or amendment of a zoning ordinance, (3) the adoption or amendment of any regulation attached to a specific plan, (4) the adoption, amendment or modification of a development agreement, or (5) the approval of a variance, conditional-use authorization, or any permit, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission, at, or prior to, the public hearing.

Commission action on conditional-uses and reclassification may be appealed to the Board of Supervisors within 30 days. Call (415) 554-5184 for more information. Commission actions after Discretionary Review may be appealed to the Board of Appeals within 15 days of action by the Central Permit Bureau. Call (415) 575-6880 for more information. Zoning Administrator action on a variance application may be appealed to the Board of Appeals within 10 days of issuance of the written decision.

The Commission has instituted a policy that, in most cases, they will not call an item for consideration after 10:00 PM. If an item is scheduled but not called or introduced prior to 10:00 PM, the Commission may continue the matter to the next available hearing. Items listed on this calendar will not be heard before the stated time.

Policy on Commissioner’s requests for hearings: There must be consensus of the Commission (four commissioners) or direction from the President/Chair to schedule a hearing that otherwise would not be scheduled.

Cell Phone and/or Sound-Producing Electronic Devices Usage at Hearings

Effective January 21, 2001, the Board of Supervisors amended the Sunshine Ordinance by adding the following provision: The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices (67A.1 Prohibiting the use of cell phones, pagers and similar sound-producing electronic devices at and during public meetings).

For more information related to Planning Commission matters, please call Linda D. Avery, Commission Secretary, at (415) 558-6407.

San Francisco Lobbyist Ordinance

Attention: Individuals and entities that influence or attempt to influence local legislative or administrative action my be required by the San Francisco Lobbyist Ordinance [SF Campaign and Governmental Conduct Code Section 21.00-2.160] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; and web site http//www.sfgov.org/ethics.

Accessible Meeting Policy

Hearings are held at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 400, fourth floor, San Francisco, CA. The closest accessible BART station is the Civic Center station located at the intersection of Market, Hyde and Grove Streets. Accessible curbside parking has been designated at points along McAllister Street. Accessible MUNI lines serving City Hall are the 9 San Bruno and 71 Haight/Noriega and the F Line. Accessible MUNI Metro lines are the J, K, L, M, and N. For more information regarding MUNI accessible services, call (415) 923-6142. Requests for American sign language interpreters, sound enhancement systems and/or language translators will be available upon request by contacting Lulu Hwang at (415) 558-6318 at least 48 hours prior to a hearing. A sound enhancement system will be available upon request at the meetings. Please contact Services for the Deaf and Hearing Impaired at 557-5533 (TDD) or 557-5534 (Voice) at least 48 hours prior to the meeting. Late requests will be honored if possible. A person who is deaf or hearing impaired may gain meeting information prior to the meeting by calling 557-4433 (TDD) or 557-4434 (Voice). In addition, the California Relay Service can be used by individuals with hearing and speech impairments by calling 1-800-735-2929 (TDD) or 1-800-735-2922 (Voice). Minutes of the meetings are available in alternative formats. If you require the use of a reader during the meeting, please contact the Library for the Blind and Print Handicapped at 292-2022 at least 48 hours in advance of need. Accessible seating for persons with disabilities (including those using wheelchairs) will be available at meetings. Individuals with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In order to assist the City’s efforts to accommodate such people, attendees at public meetings are reminded that other attendees may be sensitive to various chemical-based products. Please help the City to accommodate these individuals.

Know Your Rights Under the Sunshine Ordinance

Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.

For more information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Adele Destro, Interim Administrator, 1 Dr. Carlton B. Goodlett Place, Room 409, by phone at (415) 554-7724, by fax at (415) 554-7854 or by E-mail at sotf@sfgov.org.

Copies of the Sunshine Ordinance can be obtained from the Clerk of the Sunshine Task Force, the San Francisco Library and on the City’s website at www.sfgov.org/bdsupvrs/sunshine..

COMMUNICATIONS

Note: Each item on the Consent or Regular calendar may include the following documents:

1) Planning Department Case Executive Summary

2) Planning Department Case Report

3) Draft Motion or Resolution with Findings and/or Conditions

4) Public Correspondence

These items will be available for review at the Planning Department, 1650 Mission St., 4th floor reception.

11:00 AM _________

ROLL CALL:

President: Ron Miguel

Vice-President: Christina R. Olague

Commissioners: Michael J. Antonini; Gwyneth Borden; William L. Lee; Kathrin Moore; Hisashi Sugaya

A. 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.

1a. 2009.0583D (C. TEAGUE: (415) 575-9081)

251 ARKANSAS STREET - east side between 18th Street and Mariposa Street; Lot 024 in Assessor's Block 4004, Mandatory Discretionary Review for Building Permit No. 2009.05.20.8829 and 2009.05.20.8827 to demolish the existing single-family home in a RH-3 (Residential, House Districts, Three-Family) Zoning District and 40-X Height and Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve Projects as Proposed

(Proposed for Continuance to February 4, 2010)

1b. 2009.1165D (C. TEAGUE: (415) 575-9081)

251 ARKANSAS STREET - east side between 18th Street and Mariposa Street; Lot 024 in Assessor's Block 4004 - Mandatory Discretionary Review for Building Permit No. and 2009.05.20.8827 to construct a 4-story, 3-unit residential building with 3 off-street parking spaces provided in a ground floor garage as a replacement to the home proposed for demolition under Case No. 2009.0583D in a RH-3 (Residential, House Districts, Three-Family) Zoning District and 40-X Height and Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve Projects as Proposed

(Proposed for Continuance to February 4, 2010)

2. 2009.0378C (E. Oropeza: (415) 558-6381)

224 Townsend Street - between Ritch and Clyde Streets; Lot 013 in Assessor’s Block 3787 - Request for Conditional Use Authorization to establish a “Public Automobile Parking Garage” use per Planning Code Sections 817.30 and 890.12 all within the Service Light Industrial Use District, and a 65-X Height and Bulk District.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of December 17, 2009)

(Proposed for Continuance to April 8, 2010)

3. 2009.0288c (A. HOLLISTER: (415) 575-9078)

235 O’Farrell Street - south side between Powell and Mason Streets, Lot 018 in Assessor’s Block 0326 - Request for Conditional Use Authorization to convert an existing tourist/residential hotel containing 68 tourist rooms and 23 residential rooms to a full tourist hotel containing approximately 59 tourist hotel rooms within the subject building. The residential hotel rooms are proposed to be relocated to a site located at 374 5^th Street. No physical expansion of the existing building is proposed. This site is within a C-3-G, Downtown General Commercial, Use District and an 80-130-F Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Proposed for Indefinite Continuance)

4. 2009.0765V (C. TEAGUE: (415) 575-9081)

374 5^th Street - west side between Clara and Harrison Streets, Lot 008 in Assessor's Block 3753 - Request for a Rear Yard, Open Space, and Bicycle Parking Variance to convert the existing 47 tourist hotel rooms on the 2^nd and 3^rd floors to 47 Single-Room-Occupancy (SRO) group housing units with no physical expansion of the existing building in a MUR (Mixed Use Residential) and 85-X Height and Bulk District. This conversion is in tandem with Case No. 2009.0288c to convert 23 residential hotel rooms at 235 O’Farrell Street to tourist hotel rooms. The 23 residential hotel rooms must be replaced per the Residential Hotel Conversion and Demolition Ordinance (Administrative Code, Chapter 41).

(Proposed for Indefinite Continuance)

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

5. 2009.1001C (E. Oropeza: (415) 558-6381)

3168 22^nd Street - between Mission and Capp Streets; Lot 015 in Assessor’s Block 3615 - Request for Conditional Use Authorization to establish a Small Self Service Restaurant Use dba “Mission Minis,” per Planning Code Section 736.44 and 790.91 all within the Mission Street Neighborhood Commercial Transit District, and a 55-X Height and Bulk District. The project is also within the Mission Fast Food and Alcoholic Beverage Special Use Subdistrict. The proposed eating establishment is not identified as a formula retail use.

Preliminary Recommendation: Approval with Conditions

6. 2009.1048C (S. YOUNG: (415) 558-6346)

555 IRVING STREET - southeast corner of Irving Street and 7^th Avenue; Lot 041 in Assessor’s Block 1761 - Request for Conditional Use Authorization under Sections 730.41 and 303 of the Planning Code to convert a vacant commercial tenant space with approximately 900 square feet in floor area (previously occupied by a retail clothing store dba Crossroads Trading Co.) into a wine bar dba InnerFog within the Inner Sunset Neighborhood Commercial Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

C. COMMISSIONERS’ QUESTIONS AND MATTERS

7. ELECTION OF OFFICERS: In accordance with the Rules and Regulations of the San Francisco Planning Commission, the President and Vice President of the Commission shall be elected at the first Regular Meeting of the Commission held on or after the 15th day of January of each year, or at a subsequent meeting, the date which shall be fixed by the commission at the first Regular Meeting on or after the 15th day of January each year.

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.

8. Consideration of Adoption:

· Draft Minutes of Regular Meeting of December 17, 2009

9. Proposed adoption of Planning Commission’s hearing schedule for 2010.

(Continued from Regular Meeting of January 14, 2010)

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 Historic Preservation Commission.

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. REGULAR CALENDAR

13. 2009.1065T (A. Rodgers: (415) 558-6395)

Development Stimulus and Fee Reform - The Planning Commission will consider three proposed Ordinances introduced by the Mayor as described below. In addition to these three Ordinances the Commission may consider related amendments to the existing City Codes governing planning fees and processes. The three ordinances introduced by the Mayor are:

091251-2 [Development Fee Collection Procedure; Administrative Fee] - This Ordinance would amend the San Francisco Building Code by adding Section 107A.13 to establish a procedure for the Department of Building Inspection (DBI) to collect development impact and in-lieu fees, to provide that the fees are payable prior to issuance of the first building permit or other document authorizing construction of the project, with an option for the project sponsor to defer payment to prior to issuance of the first certificate of occupancy upon agreeing to pay a deferral surcharge on the amount owed that would be deposited into the same fund that receives the development fees, to require that any in-kind public benefits required in-lieu of payment of development fees are implemented prior to issuance of the first certificate of occupancy for the project, to require DBI to generate a Project Development Fee Report prior to issuance of the building or site permit for the project listing all fees due with the opportunity for an appeal of technical errors to the Board of Appeals, to establish a Development Fee Collection Unit within DBI and a fee for administering the program; adopting findings, including environmental findings.

091252 [Affordable Housing Transfer Fee Restriction Alternative for Inclusionary and Jobs Housing Linkage Programs] -This Ordinance would amend the San Francisco Planning Code by amending Sections 313.4 and 315.5 and by adding Section 313.16 to add an alternative for compliance with the Jobs Housing Linkage Program and the Residential Inclusionary Affordable Housing Program by allowing a project sponsor to defer 33% of its obligation under either Program in exchange for recording an Affordable Housing Transfer Fee Restriction on the affected property providing that 1% of the value of the property be paid to the Citywide Affordable Housing Fund at every future transfer of the Property.

091275-2 [Development Impact and In-Lieu Fees] - This Ordinance would amend the San Francisco Planning Code by creating Article 4 for development impact fees and development impact requirements that authorize the payment of in-lieu fees; by adding Section 402 to provide that all Planning Code development impact and in-lieu fees will be collected by the Department of Building Inspection prior to issuance of the first building permit or other document authorizing construction of the project, with an option for the project sponsor to defer payment to prior to issuance of the first certificate of occupancy upon agreeing to pay a deferral surcharge on the amount owed that would be deposited into the same fund that receives the fees; by requiring that any in-kind public improvements required in-lieu of payment of development fees are implemented prior to issuance of the first certificate of occupancy for the project; by moving Planning Code Sections 139, a portion of 249.33, 313-313.15, 314-314.8, 315-315.9, 318-318.9, 319-319.7, 326-326.8, 327-327.6, and 331-331.6 and Chapter 38 of the San Francisco Administrative Code (Transit Impact Development Fee) to Article 4 and renumbering and amending the sections; adding introductory sections for standard definitions, payment and collection procedures, conditions of approval, dispute resolution and appeal procedures, waivers, reductions, and refunds, notice, lien procedures, annual Citywide development fee reports and fee adjustments, and development fee evaluations every five years; by providing for an appeal of technical fee calculation issues to the Board of Appeals rather than the Planning Commission; requiring the Controller to issue an annual Citywide Development Fee Report; deleting duplicative code provisions and using consistent definitions, language and organization throughout; adopting findings, including Section 302 and environmental findings; providing that the ordinance's operative date is March 15, 2010; and instructing the publisher to put a note at the original location of the renumbered sections stating that the text of those sections has been moved and providing the new section number.

Preliminary Recommendation: Approval with modifications.

(Continued from Regular Meeting of January 14, 2009)

14. (E. FORBES: (415) 558-6417)
FY 2010-2011 Budget Development: Draft Work Program - Informational presentation and discussion only. No action is required by the Planning Commission.

15. 2005.0963E (B. BECKER: (415) 575-9045)

CRYSTAL SPRINGS PIPELINE NO. 2 REPLACEMENT PROJECT - Informational Presentation and Public Hearing on the Draft Environmental Impact Report - The San Francisco Public Utilities Commission (SFPUC) is proposing the Crystal Springs Pipeline No. 2 (CSPL2) Replacement Project. The Project proposes to upgrade and replace portions of the CSPL2, which extends (south to north) from the Crystal Springs Pump Station at the base of Lower Crystal Springs Dam in an unincorporated area of San Mateo County, through the Town of Hillsborough and the cities of San Mateo, Burlingame, Millbrae, San Bruno, South San Francisco, Brisbane, Daly City, and into the City and County of San Francisco, terminating at the University Mound Reservoir in southeastern San Francisco. The SFPUC has identified 19 sites along the 19-mile CSPL2 alignment where improvements are proposed to meet seismic reliability level-of-service goals. The improvements include pipeline rehabilitation and seismic retrofit activities at 15 sites and general improvements to protect the pipeline from corrosion and exposure at 4 sites. In addition to these improvements, the SFPUC proposes to install new cathodic protection equipment at 9 locations and insulated flange joints (referred to as electrical isolation) at 31 locations along the CSPL2 alignment to further protect the pipeline from corrosion. Written comments will be accepted at the Planning Department’s offices until the close of business on January 25, 2010.

Preliminary Recommendation: No Action Required

(Continued from Regular Meeting of January 14, 2010)

16a. 2009.0124DV (P. LAVALLEY: (415) 575-9084)

1376 FLORIDA STREET - west side between 25^th Street and 26^th Street; Lot 014 in Assessor’s Block 4272 - Request for Discretionary Review of Building Permit Application No. 2009.03.27.4981, proposing to construct horizontal and vertical additions and add a garage on an existing single-family dwelling resulting in two dwelling units on the site within an RH-2 (Residential, House, Two-Family) District and 40-X Height and Bulk District.

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

(Continued from Regular Meeting of December 17, 2009)

16b. 2009.0124DV (P. LAVALLEY: (415) 575-9084)

1376 FLORIDA STREET - west side between 25^th Street and 26^th Street; Lot 014 in Assessor’s Block 4272 - Request for Variance pursuant to Section 134 of the Planning Code from rear yard requirements to construct horizontal and vertical additions and add a garage on an existing single-family dwelling resulting in two dwelling units on the site within an RH-2 (Residential, House, Two-Family) District and 40-X Height and Bulk District.

(Continued from Regular Meeting of December 17, 2009)

17. 2009.0738DDD (A. Putra: (415) 575-9079)

154 Miraloma Drive - west side between Yerba Buena Avenue and Portola Drive; Lot 047 in Assessor’s Block 3011 - Request for Discretionary Review of Building Permit Application No. 2009.02.04.1396, proposing to construct a new single-family dwelling on a vacant lot in an RH-1 (D) (Residential, House, One-Family, Detached) District and a 40-X Height and Bulk District.

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

G. PUBLIC COMMENT

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting with one exception. When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Commission has closed the public hearing, your opportunity to address the Commission must be exercised during the Public Comment portion of the Calendar. Each member of the public may address the Commission for up to three minutes.

The Brown Act forbids a commission from taking action or discussing any item not appearing on the posted agenda, including those items raised at public comment. In response to public comment, the commission is limited to:

(1) responding to statements made or questions posed by members of the public; or

(2) requesting staff to report back on a matter at a subsequent meeting; or

(3) directing staff to place the item on a future agenda. (Government Code Section 54954.2(a))

Adjournment: