SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, December 14, 2006

1:30 PM

Regular Meeting

President: Dwight S. Alexander

Vice-President: Christina Olague

Commissioners: Michael J. Antonini; M. Sue Lee; 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 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 Citys 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 Citys 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: Dwight S. Alexander

Commission Vice-President: Christina Olague

Commissioners: Michael J. Antonini; M. Sue Lee, William L. Lee;

Kathrin Moore; Hisashi Sugaya

• CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

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

Market & Octavia Neighborhood Plan - Certification of Final Environmental Impact Report. The project area lies to the west of the Citys 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 (NCDs), 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). 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 December 7, 2006)

(Proposed for Continuance to January 18, 2007)

2. 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 Citys 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 (NCDs), 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 December 7, 2006)

(Proposed for Continuance to January 18, 2007)

3. 2004.0603C (T. Tam (415) 558-6325)

601 DUBOCE AVENUE - southwest corner of Duboce Avenue and Noe Street; Lot 1 in Assessors Block 3539 - Request for a Conditional Use Authorization for a Planned Unit Development pursuant to Planning Code Sections 303(c) and 304 to amend a previously approved CU/PUD authorization (Case No. 1987.847C, Motion No. M13255) and develop a new four-story, 46,000 gross-square-foot (gsf) clinic / medical office building (as measured by the Planning Code; 50,100 gsf without area reductions allowed by Sec. 102.9). The new building would contain a Neuromuscular and Electroencephalogram Clinic, offices, a pharmacy and an admitting station for the existing ambulatory surgery department in the CPMC Hospital North Tower. As a Planned Unit Development, the project is seeking modifications to Planning Code requirements for rear yard and independently accessible parking. The property is in an RH-3 (Residential, House, Three-Family) District and a 65-D Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to January 25, 2007)

4. 2006.0897D (A. STARR: (415) 558-6362)

3300 CLAY STREET - at the southeast corner of Clay Street and Presidio Avenue, Lot 003 in Assessors Block 0997- Request for Discretionary Review of Building Permit Application No. 2006.02.27.5519proposing to remove the ground floor storage area of a six-unit residential building, excavate a portion of the ground floor, and install a 6-car garage with a 10 wide garage door on Presidio Avenue. The existing building is a four-story, six-unit building in an RM-1 (Residential, Mixed Districts, Low-Density) District and a 40-X Height and Bulk District.

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

(Continued from Regular Meeting of November 16, 2006)

NOTE: On October 5, 2006, following public testimony the Commission closed public hearing and entertained a motion to approve. The motion failed by a vote of +3 2. Commissioners Moore and Sugaya voted no and Commissioner Alexander was absent. The item was continued to November 16, 2006 by a vote +4 1. Commissioner Sugaya voted no. Commissioner Alexander was absent.

(Proposed for Continuance to February 1, 2007)

5. (J. IONIN: (415) 558-6309)

WTS GUIDELINES - Informational Presentation on the current status of the W.T.S. Guidelines: a brief history; preference location summary; accessory use determinations; and an overview of the supplemental guidelines adopted in 2003.

(Continued from Regular Meeting of November 2, 2006)

(Proposed for Continuance to February 8, 2007)

6a. 2006.0636VDD (S. MENDRIN: (415) 558-6625)

2901-2903 PIERCE STREET - northwest corner of Union and Pierce Streets; Lot 006 in Assessor's Block 0536 - Requests for Discretionary Review of Building Permit Application No. 2006.07.13.6418 proposing to construct a new one-story, two-car garage with roof deck addition at the rear of the three-story, two-unit building. The existing detached garage structure would be demolished. The new garage would be located within the required rear yard, requiring a variance. The property is located in an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation.

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

(Proposed for Continuance to March 1, 2007)

6b. 2006.0636VDD (S. MENDRIN: (415) 558-6625)

2901-2903 PIERCE STREET - northwest corner of Union and Pierce Streets; Lot 006 in Assessor's Block 0536 - Request for Variance from Planning Code Section 134 (required rear yard) to allow demolition of the existing detached garage and to construct a new one-story horizontal addition approximately 26 feet deep and 26 feet wide at the rear of the existing two-family dwelling. The addition will accommodate a new two-car garage, roof deck and stairs leading from the roof deck to the rear yard. The new garage is located within the required rear yard. The property is located in an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation.

(Proposed for Continuance to March 1, 2007)

PLEASE NOTE:The Planning Commission has temporarily altered the Order of Business for this hearing. COMMISSIONERS QUESTIIONS AND MATTERS and DIRECTORS REPORT will follow item #17 - Market and Octavia Plan Amendments, Hearing #5.

B. 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.

C. 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.

7. 2006.1156Q (A. STARR: (415) 558-6362)

7 CASA WAY - south side between Marina Boulevard and Retiro Way, Lot 014 in Assessor's Block 0418A - Public hearing, under Article 9 of the Subdivision Code, to determine consistency of a proposed five-unit Condominium-Conversion Subdivision with the General Plan, located in a RH-3 (Residential, House Districts, Three Family) District and a 40-X Height and Bulk District. The proposal is to convert the existing building to a condominium form of ownership and does not involve expansion, alteration, or demolition of the existing building.

Preliminary Recommendation: Approval

8. 2006.1168Q (A. STARR: (415) 558-6362)

73-83 GRATTAN STREET - southwest corner of Grattan Street and Cole Street, Lot 025 in Assessor's Block 1280 - Public hearing, under Article 9 of the Subdivision Code, to determine consistency of a proposed six-unit Condominium-Conversion Subdivision with the General Plan, located in a RH-3 (Residential, House, Three Family) District and a 40-X Height and Bulk District. The proposal is to convert the existing six-unit building to a condominium form of ownership and does not involve expansion, alteration, or demolition of the existing building.

Preliminary Recommendation: Approval

9. 2006.1174Q (A. STARR: (415) 558-6362)

894-896 WALLER STREET/12-16 BRODERICK STREET - northwest corner of Waller Street and Broderick Street, Lot 018 in Assessor's Block 1240 - Public hearing, under Article 9 of the Subdivision Code, to determine consistency of a proposed six-unit Condominium-Conversion Subdivision with the General Plan, located in a RH-3 (Residential, House, Three Family) District and a 40-X Height and Bulk District. The proposal is to convert the existing six-unit building to a condominium form of ownership and does not involve expansion, alteration, or demolition of the existing building.

Preliminary Recommendation: Approval

10. 2006.0926Q (B. Fu: (415) 558-6613)

481 CLEMENTINA STREET - north side between 5^th and 6^th Streets, Lot 036 in Assessor's Block 3732 - Public hearing, under Article 9 of the Subdivision Code,to determine consistency of a proposed six-unit Condominium-Conversion Subdivision with the General Plan, located in a RSD (Residential/Service Mixed Use) District and a 40-X/85-B Height and Bulk District. The proposal is to convert the existing building to a condominium form of ownership and does not involve expansion, alteration, or demolition of the existing building.

Preliminary Recommendation: Approval

• REGULAR CALENDAR

11. (S. WERTHEIM: (415) 558-6612)

ECONOMIC DEVELOPMENT PLAN - Informational presentation on the San Francisco Economic Strategy. The City is undertaking its first-ever comprehensive planning process devoted to economic development, as initiated by passage of Proposition I in November of 2004. Dr. Ted Egan, Director of Analysis at ICF Consulting, is the lead consultant for the project.

Preliminary Recommendation: No action required

(Continued from Regular Meeting of November 2, 2006)

12. 2004.0339C (G. CABREROS: (415) 558-6169)

1800 VAN NESS AVENUE (including 1754 CLAY STREET) - northeast corner of Van Ness Avenue and Clay Street; Assessor's Block 0619, Lots 009 & 010 - Request for Conditional Use Authorization for a Planned Unit Development pursuant to Planning Code Sections 253.2, 303, 304 and 306 proposing to demolish an existing two-story commercial building (currently occupied by Kinko's) and to construct an 8-story, 62-unit mixed-use building with up to 82 parking spaces and approximately 5,100 square feet of ground-floor commercial space, located in an RC-4 (Residential-Commercial Combined, High Density) District, the Van Ness Special Use District and an 80-D Height and Bulk District. Note: 1754 Clay Street, Lot 10, is a through lot which also fronts onto Washington Street.

Preliminary Recommendation: Disapproval

13a. 2005.0776C (J. PURVIS: (415) 558-6354)

83-85 BRADY STREET - east side between Market and Otis Streets, Lot 022 in Assessors Block 3505 - Request for Conditional Use Authorization under Planning Code Sections 215(a) and 303 to demolish a single-family dwelling plus commercial building and construct a five-story, six-unit residential building with six off-street parking spaces in the C-M (Heavy Commercial) Use District, the 160-H Height and Bulk District and within the Housing Mixed-Use Area under Resolution No. 16202 where maximum housing density is encouraged.

Preliminary Recommendation: Approval with Conditions

13b. 2005.0776D (J. PURVIS: (415) 558-6354)

83-85 BRADY STREET - east side between Market and Otis Streets, Lot 022 in Assessors Block 3505 - Mandatory Discretionary Review, under Planning Commission Resolution No. 16700 requiring review of all demolition of residential structures, of Demolition Permit Application No. 2005.09.15.2951, to demolish the above-noted mixed-use residential/commercial building.

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

14. 2006.0833D (R. CRAWFORD: (415) 558-6358)

1 Palo Alto Drive (aka 1 Avanzada aka 250 Palo Alto) - Assessor's Block 2724 Lot 003 - Mandatory Discretionary Review of Building Permit Application Nos. 2006.06.21.4679 for replacement of four existing small receive-only antennas and the addition a fifth such antenna to the fifth level of Sutro Tower and, 2006.06.21.4681 for the addition of four receive-only antennas to the roof of the existing control building at the SUTRO TOWER Broadcast facility. This project lies within the RH-1, Residential House, One Family District and within a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and Approve with Conditions

(Continued from Regular Meeting of November 2, 2006)

15. 2006.0070ET (C. NIKITAS: (415) 558-6306)

CONTROLS FOR LOSS OF DWELLING UNITS - a proposed ordinance amending the Planning Code, adding Section 317, requiring a Planning Commission hearing for any project that would eliminate existing legal dwelling units through mergers, conversions, or demolitions of residential buildings, and requiring certain affordability and soundness findings; making environmental findings and findings of consistency with the priority policies of planning code section 101.1 and the general plan. On November 2, 2006, the Commission adopted Resolution No. 17334, an intent to initiate a planning code amendment stipulating mandatory discretionary review of all residential demolition and of replacement building permit applications.

Preliminary Recommendation:

16. 2006.1284ET (C. NIKITAS: (415) 558-6306

CONDITIONAL USE FOR DEMOLITION OF DWELLING UNITS - a proposed ordinance amending the Planning Code, introduced by Supervisor Sophie Maxwell under Board File 061371, adding Section 317, prohibiting the demolition of residential units unless Conditional Use authorization is granted for the replacement building, making environmental findings and findings of consistency with the priority policies of planning code section 101.1 and the general plan.

6:00 P.M.

17. 2003.0347MTZ (J. Billovits (415) 558-6390, A. Rodgers: (415) 558-6395)

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

The series of hearings was originally scheduled to culminate in a hearing to consider adoption actions on or after Dec. 7, 2006. As the Nov. 16^th hearing was cancelled, the Commission held hearing number four on Dec. 7, 2006 and hearing number five on December 14, 2006. Additional hearings are likely to be added after the new year, with adoption actions on or after January 18, 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 December 14, 2006. Be advised that due to the nature of the public hearings, the Commission may continue any particular hearing item and/or may not hear all items at the hearing. To confirm the final Commission Hearing schedule, on the week of the hearing please visit: http://www.sfgov.org/site/planning_meeting.asp?id=15840 or call Aksel Olsen at 558-6616.

Hearing # 5 December 14, 2006

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

• Community Improvements / Public Benefits (continuation)
• SoMa West Area Heights Review Towers and Transitions
• Pipeline Projects Discussion on Plan Proposal

Overview of various minor project-related issues in plan area

555 Fulton St. land use and height district issue

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

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 toTurk 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 Assessors 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 January 18, 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).

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

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

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

Establishment of Three Zoning Districts in the Plan Area

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

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

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

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

Establishment of New Fees in the Plan Area

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

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

Preliminary Recommendation: Adopt the following:

• Draft Motion to Certify the EIR and adopt CEQA Findings (Case 2003.0347EE)
• Draft Resolution to amend the General Plan (Case 2003.0347M)
• Draft Resolution to amend the Planning Code (Case 2003.0347T)

E. 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.

18 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.

F. DIRECTORS REPORT

19. Directors Announcements

20. Review of Past Weeks Events at the Board of Supervisors and Board of Appeals

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: