SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, June 22, 2006

1:30 PM

Regular Meeting

President: Sue Lee

Vice-President: Dwight S. Alexander

Commissioners: Michael J. Antonini; Shelley Bradford Bell; Kevin Hughes;

William L. Lee; Christina Olague

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 1660 Mission Street, 5th 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, 1660 Mission Street, Suite 500, San Francisco, CA 94103-2414. Comments received by 11:00 AM on the day of the hearing will be made part of the official record and will be brought to the attention of the Planning Commission at the public hearing. Otherwise, submit material related to a calendared item at the scheduled hearing for distribution. For complete distribution to all Commissioners, necessary staff and case/docket/correspondence files, submit an original plus 10 copies. When sending e-mail correspondence to Commissioners, please copy the Commission Secretary at: linda.avery@sfgov.org

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

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

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

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

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

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

San 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 impairrments 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, 1660 Mission St., 5th floor reception.

1:30 PM _________

ROLL CALL: Commission President: Sue Lee

Commission Vice-President: Dwight S. Alexander

Commissioners: Michael J. Antonini; Shelley Bradford Bell; Kevin Hughes; William L. Lee; Christina Olague

• 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. 2002.1263U (J. SWITZKY 575-6815)

333 Fremont Street - Motion to Approve In-Kind Agreement to Satisfy Rincon Hill Community Infrastructure Impact Fee Requirement per Section 318.3(e). The Planning Commission approved a project at 333 Fremont Street on June 16, 2005, that includes approximately 88 dwelling units. Planning Code Section 318.3(b)(i) requires payment of $11.00 per net occupied square foot of residential development for the Rincon Hill Community Infrastructure Fund prior to issuance of site permit. The project required a payment of approximately $769,142. On March 14, 2006, the project sponsor deposited the full amount of its required fee, plus interest, into an escrow account payable to the City, pending approval of an In-Kind Agreement that would credit the sponsor for a portion of the fee in exchange for publicly-accessible improvements in accordance with the Rincon Hill Plan. The project sponsor has entered into an In-Kind Agreement with the City, to the satisfaction of the Planning Department and City Attorney, to construct, and dedicate a permanent public easement on, a mid-block pedestrian pathway on the project site. The Planning Department recommends a fee credit equal to construction cost of the pathway improvements (approximately $240,000) plus the value of the public easement ($333,200), or approximately $573,200 total. The City would thus draw from the escrow account the difference of the full fee and this credit, or $195,942, and deposit this amount in the Rincon Hill Community Improvements Fund.

Preliminary Recommendation: Approval

(Proposed for Continuance to July 13, 2006)

2. 2006.0730U (J. SWITZKY 575-6815)

Motion to Approve Expenditure from Rincon Hill Community Improvements Fund of up to $25,000 for Appraisal and Planning Services from the Real Estate Division. The Real Estate Division of the Department of Administrative Services is providing appraisal, transaction, and miscellaneous services related to implementation of the Rincon Hill Plan community improvements, including open space acquisition (Guy Place) and community facilities leasing (Sailor's Union of the Pacific). Planning Code Section 318.6(b) enables the Planning Commission to expend up to $250,000 from the Fund for planning, architectural, engineering, and other support services for implementation of the public improvements funded by the Rincon Hill Community Improvements Fund. Approval of this expenditure will approve establishment of a work order not to exceed $25,000 for the Real Estate Division.

Preliminary Recommendation: Approval

(Proposed for Continuance to July 13, 2006)

3a. 2005. 0307D (B. FU: (415) 558-6613)

368 CAPP STREET - west side between 18th and 19th Streets; Lot 047 in Assessor's Block 3590 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2005.01.06.2659 to demolish an existing single-family dwelling in an RH-3 (Residential, House, Three-Family) District with a 50-X Height and Bulk Designation. The project also includes the new construction of a three-unit building.

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

(Proposed for Continuance to July 27, 2006)

3b. 2005. 0329D (B. FU: (415) 558-6613)

368 CAPP STREET- west side between 18th and 19th Streets; Lot 047 in Assessor's Block 3590 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new construction as a result of housing demolition, of Building Permit Application No. 2005.01.06.2663 for the new construction of a three-unit building in an RH-3 (Residential, House, Three-Family) District with a 50-X Height and Bulk Designation.

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

(Proposed for Continuance to July 27, 2006)

4. 2005.0781D (M. SMITH (415) 558-6322)

1467 CLAYTON STREET - south side between Market Street and Corbett Avenue, Lot 004A in Assessor's Block 2712 - 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. 2005.07.25.8547, proposing to construct a four-story over garage, two-family dwelling, located in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

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

Preliminary Recommendation: Approval with conditions

(Continued from Regular Meeting of May 4, 2006)

NOTE: On May 4, 2006, following public testimony, the Commission closed the public hearing, and continued the matter to June 22, 2006, with instruction to the project sponsor to remove the 4^th floor by a vote +5 –1. Commissioner Antonini vote no. Commissioner Hughes was absent.

(Proposed for Continuance to August 3, 2006)

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.

C. DIRECTOR'S REPORT

6. Director's Announcements

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

D. GENERAL PUBLIC COMMENT – 15 MINUTES

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting. Each member of the public may address the Commission for up to three minutes.

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

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

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

8. 2006.0092ET (d. sider: (415) 558-6697)

Planning Code amendments relating to Medical Cannabis Dispensaries (MCD's) [Board File No. 060032] On January 10, 2006, Supervisors Mirkarimi and Ma introduced legislation which would have allowed certain existing MCD's to relocate irrespective of Planning Code restrictions on the proximity of new MCD's to schools and recreation buildings. On March 28, 2006 a substitute Ordinance was introduced by Supervisor Mirkarimi, which instead would amend [1] grandfathering provisions for existing MCD's, [2] the definition of a  recreation building' with respect to proximity restrictions for new and existing MCD's, and [3] noticing requirements for MCD permits. The substitute Ordinance would also modify portions of the Health Code in order to make amendments to the MCD permitting process and MCD permit provisions.

Preliminary Recommendation: Adoption

(Continued from Regular Meeting of June 8, 2006)

NOTE: On June 8, 2006, following public testimony, the Commission closed the public hearing and continued the matter to June 22, 2006 by a vote +4 –0. Commissioners Bradford-Bell, Hughes and W. Lee were absent.

G. 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.

9. 2006.0639C (M. LI: (415) 558-6396)

400 Howard Street - northeast corner at 1^st Street (the entire block bounded by Howard, 1^st, Natoma, and Fremont Streets), Lot 008 in Assessor's Block 3720 - Request for Conditional Use authorization to establish approximately 8,835 square feet of office use on the ground floor of a previously-approved building. Foundry Square, Building 1 was previously authorized under the annual office limit for approximately 295,000 square feet of office space and approximately 14,200 square feet of retail space (Case No. 1998.902X, Motion No. 15005 and Case No. 2000.1019B, Motion No. 16069). The building permit application for the construction of the building specified approximately 286,161 square feet of office space. The current conditional use application proposes to convert approximately 8,835 square feet of retail space on the ground floor to office space without exceeding the authorized 295,000 square feet of office space. There will be no physical expansion of the approved envelope of the building. The project site is within the C-3-O(SD) (Downtown Office Special Development) District and a 350-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions

• H.REGULAR CALENDAR

10. 2006.0074 U (J. LAU: (415) 558-6383)

Delegation Agreement for the Bayview Hunters Point Redevelopment Project – The Commission is being asked to consider a delegation agreement between the Planning Department and the Redevelopment Agency, which defines the roles and responsibilities of each party for the implementation of the Bayview Hunters Point Redevelopment Plan.

Preliminary Recommendation: Approval

11. 2005.0582C (T.WANG: (415) 558-6335)

655 BROTHERHOOD WAY - south side between Junipero Serra and Lake Merced Boulevards; Lots 037 and 038 in Assessor's Block 7380 - Request for Conditional Use authorization pursuant to Planning Code Sections 209.3 (f) and (g) and 304 Planned Unit Developments to allow for Brandeis Hillel Day School (1) construction of an athletic and theatre pavilion building and (2) amendment of a previous Conditional Use authorization related to the school in an RH-1(D) (Residential, House, One-Family, Detached Dwellings) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions.

12. 2006.0084D (M. SMITH: (415) 558-6332)

980 CORBETT AVENUE - west side between Portola Drive and Hopkins Avenue, Lot 011 in Assessor's Block 2826 - Request for Discretionary Review of Building Permit Application No. 2005.08.11.0076, proposing to construct a one-story vertical addition, a three-story rear horizontal addition, and alter the front façade of a 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

13a. 2006.0661D (I.WILSON (415) 558-6163)

889 NORTH POINT STREET - south side between Larkin and Hyde Streets; Lot 020 in Assessor's Block 0026 - Request for Discretionary Review of Building Permit Application No. 2006.03.10.6437, proposing to build a new four-story three-unit building. The proposal is to subdivide the vacant lot into three separate parcels and build a new residential building on each new parcel. The corner building (2998 Larkin Street) will have two dwelling units and the two adjacent buildings to the east (899 North Point Street and 889 North Point Street) will have three dwelling units each, for a total of eight dwelling units. This Discretionary Review is only for the building at 889 North Point Street. The property is located within an RH-3 (Residential, House, Three-Family) District, NOWAT-2 (Waterfront Special Use District No. 2) District, and a 40-X Height and Bulk District.

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

(Continued from Regular Meeting of June 15, 2006)

13b. 2003.0367V (I.WILSON (415) 558-6163)

2998 LARKIN STREET, 899 NORTH POINT STREET, 889 NORTH POINT STREET - South side between Larkin and Hyde Streets; Lot 020 in Assessor's Block 0026 - Request for a Zoning Administrator Determination under Planning Code Section 228.4 for conversion of the former gasoline service station to a new use. The proposal is to subdivide the vacant lot into three separate parcels and build a new residential building on each new parcel. The corner building (2998 Larkin Street) will have two dwelling units and the two adjacent buildings to the east (899 North Point Street and 889 North Point Street) will have three dwelling units each, for a total of eight dwelling units. The property is located within an RH-3 (Residential, House, Three-Family) District, NOWAT-2 (Waterfront Special Use District No. 2) District, and a 40-X Height and Bulk District.

13c. 2006.0367V (I.WILSON (415) 558-6163)

2998 LARKIN STREET, 899 NORTH POINT STREET, 889 NORTH POINT STREET - South side between Larkin and Hyde Streets; Lot 020 in Assessor's Block 0026 – Request for a Variance under Planning Code Sections 121(e) and 134(c)(1) for conversion of the former gasoline service station to a new use. The proposal is to subdivide the vacant lot into three separate parcels and build a new residential building on each new parcel. The corner building (2998 Larkin Street) will have two dwelling units and the two adjacent buildings to the east (899 North Point Street and 889 North Point Street) will have three dwelling units each, for a total of eight dwelling units. Section 121(e) of the Planning Code requires a minimum lot area of 1,750 square feet for the corner lot at 2998 Larkin Street. This lot is proposed to be 1,656 square feet and does not meet the minimum Planning Code requirement. Section 134(c)(1) of the Planning Code limits the last 10 feet of building depth permitted by rear yard averaging to 30 feet in height. The buildings are proposed to be up to 39'-3 in height at the rear and do not meet this Planning Code requirement. The property is located within an RH-3 (Residential, House, Three-Family) District, NOWAT-2 (Waterfront Special Use District No. 2) District, and a 40-X Height and Bulk District.

14. 2005.1208D (A. HESIK: (415) 558-6602)

287-291 PAGE STREET - south side between Octavia and Laguna Streets; Lot 014 in Assessor's Block 0852 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of dwelling unit mergers, of Building Permit Application No. 2005.10.28.6856. The subject property, which is a through lot fronting on two streets, contains two buildings with a total of four units, with the main building at the front of the lot containing three residential flats, and a cottage at the back of the lot containing one dwelling unit. The proposal is to convert the front building's authorized use from three dwelling units to two dwelling units, merging the two top flats, which are original to the subject building. The property is within an RH-3 (Residential House, Three-Family) District and an 80-B Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and disapprove the project.

(Continued from Regular Meeting of June 8, 2006)

15a. 2005.1090CV (S. Mendrin: (415) 558-6625)

1362 & 1366 14^TH AVENUE - east side between Judah and Irving Streets; Lots 008, 015A and 015B, in Assessor's Block 1768 - Request for Conditional Use authorization under Planning Code Sections 209.3(f) and 303 to allow the establishment of a child-care facility providing less than 24-hour care for up to 25 children by licensed personnel and meeting the open-space and other requirements of the State of California and other authorities. The proposal includes the conversion of the ground floor area of 1362 14th Avenue into a preschool, to be operated by Saint Anne's School. The new preschool will also use the entire existing rear yard of 1362 14th Avenue and a portion of the rear yard of 1366 14th Avenue as Outdoor Activity Space as required by the California State Code for Child Care. The site is within an RH-2 (Residential House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions.

(Continued from Regular Meeting of June 15, 2006)

15b. 2005.1090CV (S. Mendrin: (415) 558-6625)

1362 & 1366 14^TH AVENUE - east side between Judah and Irving Streets; Lots 008, 015A and 015B, in Assessor's Block 1768 - Request for Variances from Planning Code Sections 135 (usable open space) to allow the elimination of required usable open space for the single-family dwelling at 1362 14th Avenue and 159(a) & (b) (required off-street parking not on the same lot as the structure) to allow the required off-street parking (for the single-family dwelling and proposed preschool) to be provided on a separate lot approximately 30 feet to the south. The proposal is to convert the existing garage and ground floor area of 1362 14th Avenue into a preschool, to be operated by Saint Anne's School. The new preschool will also use the entire existing rear yard of 1362 14th Avenue and a portion of the rear yard of 1366 14th Avenue as Outdoor Activity Space as required by the California State Code for Child Care. The proposal will maintain the existing dwelling units located at both addresses (total of 2 units) and the building footprints will remain the same. The proposal will be subject of a concurrent hearing before the Planning Commission for a conditional use authorization to allow the establishment of a preschool in a residential district. The properties are located in an RH-2 (Residential House, Two-Family) District, and 40-X Height/Bulk District.

(Continued from Regular Meeting of June 15, 2006)

15c. 2006.0688D (S. Mendrin: (415) 558-6625)

1362 14^TH AVENUE - east side between Judah and Irving Streets; Lot 015A in Assessor's Block 1768 - Request for Discretionary Review of Building Permit Application No. 2006.04.07.8544 proposing to convert the existing garage and ground floor area of 1362 14th Avenue into a preschool, to be operated by Saint Anne's School. The property is located in an RH-2 (Residential House, Two-Family) District, and 40-X Height/Bulk District.

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

(Continued from Regular Meeting of June 15, 2006)

16. 2006.0087D (S. Mendrin: (415) 558-6625)

2290 VALLEJO STREET - north side between Fillmore and Webster Streets, Lot 013 in Assessor's Block 0557 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of dwelling unit mergers, of Building Permit Application No. 2006.02.06.3803 proposing to merge two dwelling units into one single-family dwelling in an RH-2 (Residential, House, Two-Family) District, and 40-X Height/Bulk District.

Preliminary Recommendation: Take Discretionary Review and disapprove the proposed project.

(Continued from Regular Meeting of June 15, 2006)

17. 2006.0537D (E. WATTY: (415) 558-6620)

1678 Great Highway - east side between Moraga and Lawton Avenues, Lot 026, in Assessor's Block 1895 - Request for Discretionary Review of Building Permit 2006.02.01.6549 proposing to legalize work performed without permits, including reconstructing the rear of a single family dwelling. The subject property is located in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the application as submitted.

(Continued from Regular Meeting of June 8, 2006)

18. 2001.0636E (N. TURRELL; (415) 558-5994)

WHARF J-10 - Fisherman's Wharf waterfront between Hyde and Leavenworth Streets - Lot 001 in Assessor's Block 0007 - Certification of Final Environmental Impact Report. The proposed project includes the demolition of an existing vacant fish processing building and wharf, to abate an existing public health and safety hazard caused by the deteriorated condition of the structure and its potential for collapse. Following demolition, the Port of San Francisco would install guardrails and new riprap (rock to protect the seawall). Existing Port tenants of Wharf J-10 could pursue reuse of the site, including a new fish processing building for use by F. Alioto Fish Company; an outdoor platform for use by California Shellfish Company; and possible Port-sponsored improvements that might include a public fish receiving dock at the east end or west end of Wharf J-10, a second new building for use by the fishing industry, and/or a new floating boat repair dock at Wharf J-10 or at the foot of Leavenworth Street. There are no definitive reuse plans at the present time. The project site is within a C-2 (Community Business) Zoning District, Waterfront Special Use District No. 1, and a 40-X Height and Bulk District.

Preliminary Recommendation: Certify the Final Environmental Impact Report.

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.

I. PUBLIC COMMENT

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

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

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

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

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

Adjournment: