SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, February 8, 2007

1:30 PM

Regular Meeting

President: Dwight S. Alexander

Vice-President: Christina R. 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 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: Dwight S. Alexander

Commission Vice-President: Christina R. Olague

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

Kathrin Moore; Hisashi Sugaya

• CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

The Commission will consider a request for continuance to a later date. The Commission may choose to continue the item to the date proposed below, to continue the item to another date, or to hear the item on this calendar.

1. 2006.0439D (C. JAROSLAWSKY (415) 558-6348)

1180 MUNICH STREET - north side between Cordova and Naples Streets; Lot 031 in Assessor's Block 6448 - Request for Discretionary Review of Building Permit Application No. 2005.12.29.1222, to extend the rear at two-levels (600 square feet) of a single-family structure and correct a Notice of Violation for an illegal rear shed, in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

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

(Proposed for Continuance to February 15, 2007)

2. 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.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of January 11, 2007)

(Proposed for Continuance to February 22, 2007)

3. 2006.1464CX (A. Hesik: (415) 558-6602)

46-54 Geary Street - north side between Kearny Street and Grant Avenue, Lot 024 in Assessor's Block 0310 - Section 309 review to determine consistency with Appendix E to Article 11 of the Planning Code and Request for Conditional Use Authorization pursuant to Planning Code Section 212 to eliminate six congregate dwelling units formerly occupied by a convent in order to convert the second floor of the three-story building to retail use. No physical expansion of the building is proposed, although the facades of the building will be altered. The site is within the C-3-R (Downtown Retail) District and an 80-130-F Height and Bulk District.

Preliminary Recommendation:

(Proposed for Continuance to February 22, 2007)

4a. 2006.0741C (S. VELLVE: (415) 558-6263)

1868 VAN NESS AVENUE - southeast corner of Clay and Washington Streets; Lot 012 in Assessor's Block 0619 - Request for Conditional Use Authorization pursuant to Sections 209.7 and 303 of the Planning Code to establish an off-street parking facility (temporary) within an RC-4 (Residential Commercial Combined, High Density) District, the Van Ness Special Use District and an 80-D Height and Bulk District. The surface parking lot will provide approximately 33 parking spaces. A companion case (Case 2006.1414C) will seek to authorize the conversion of a defunct gas station (Shell). The subject case will address land use violations on the property.

Preliminary Recommendation: Approval with conditions

(Proposed for Continuance to April 5, 2007)

4b. 2006.1414C (S. VELLVE: (415) 558-6263)

1868 VAN NESS AVENUE - southeast corner of Clay and Washington Streets; Lot 012 in Assessor's Block 0619 - Request for Conditional Use Authorization pursuant to Sections 228.2, 228.3 and 303 of the Planning Code to convert the property's use from a gas station (Shell) within an RC-4 (Residential Commercial Combined, High Density) District, the Van Ness Special Use District, and an 80-D Height and Bulk District. The gas station ceased operation in approximately October of 2004. The subject case will address land use violations on the property. A companion case (Case 2006.0741C) will seek to establish an off-street parking facility (temporary).

Preliminary Recommendation: Approval with conditions.

(Proposed for Continuance to April 5, 2007)

B. COMMISSIONERS' QUESTIONS AND MATTERS

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

5. Consideration of Adoption:

• Draft Minutes of Regular Meeting of October 12, 2006

6. 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.

7. The Commission will meet to discuss whether or not they will schedule a special meeting on Thursday, March 29, 2007.

C. DIRECTOR'S REPORT

8. Director's Announcements

9. 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. 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.

10. 2006.1008C (K. Conner: (415) 575-6914)

1515 19^th Avenue - west side, between Kirkham & Lawton Streets, Lot 4 on Assessor's Block 1865 - Request for Conditional Use Authorization under Planning Code Section 209.6(b) to install six cellular panel antennas flush mounted on the roof-top of an existing building occupied by a telephone switching facility as part of a wireless transmission network operated by Verizon Wireless. The subject property is located within the RH-2 (Residential, House, Two-Family) District and in a 40-X Height and Bulk District. Per the City & County of San Francisco's Wireless Telecommunications Services (WTS) Facilities Siting Guidelines the site is a Preferred Location Preference 1 site as it is a public-use building.

Preliminary Recommendation: Approval with conditions

• REGULAR CALENDAR

11. 2003.1210C (M. Snyder: (415) 575-6891)

5600 THIRD STREET - the block bounded by Third Street on its east, Bancroft Avenue on its south, Mendell Street on its west, and Armstrong Avenue on its north, Lots 003, 005, 006, 007, 008, 009, and 011 of Assessor's Block 5421 - Informational Presentation on the design refinements for the proposed project approved under Planned Unit Development / Conditional Use Case No. 2003.1210C. The subject property is within an M-1 (Light Industrial) District and a 65-J Height and Bulk District.

(Continued from Regular Meeting of February 1, 2007)

12. (A. JOHN-BAPTISTE: (415) 558-6547)

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

13. 2006.1404T (E. FORBES: (415) 558-6417)

Planning Department Fee Amendments [File No. 06-1535]- The Planning Commission will meet to consider amendments that include reductions to select group of fees and clarifications to the public notice fee requirement.

Preliminary Recommendation: Approval

14. 2007.0048D (R. CRAWFORD: (415) 558-6358)

1636 Diamond Street - west side between 28^th and 29^th Streets. Assessor's Block 7520, Lot 006 - Request for Discretionary Review of Building Permit Application No. 2006 0814 9384, the proposal is to construct a new 4-story single-family dwelling on the property. The existing dwelling will be demolished on the order of the Department of Building Inspection because of unsafe conditions in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk district.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve the Project.

15. 2006.1518D (R. CRAWFORD: (415) 558-6358)

361 Moncada Way - south side between Junipero Serra Boulevard and Paloma Avenue. Assessor's Block 6904, Lot 019 - Request for Discretionary Review of Building Permit Application No. 2006 1030 6243, construct a one-story addition to the rear and a new third story to the existing two-story dwelling. The proposal would also eliminate an illegal dwelling unit on the ground floor and restore the building to single family use 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.

16. 2006.1528D (A. Hesik: (415) 558-6602)

2012-2014 Powell Street - east side between Lombard and Chestnut Streets; Lot 018B in Assessor's Block 0063 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of dwelling unit mergers, of Building Permit Application No. 2006.02.23.5322. The subject property is a two-story-over-garage building with two legal dwelling units. Although there will be no net reduction in the number of dwelling units on the property, the Planning Department has determined that the proposal is a de facto dwelling unit merger because the utility of the existing first-floor unit will be significantly reduced in order to accommodate the expansion of the second-floor unit. The subject property is within an RM-2 (Residential, Mixed, Moderate Density) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Disapproval

17. 2006.1267C (B. FU: (415) 558-6613)

3269 Mission Street - east side, between Fair and Virginia Avenues, Lot 039 in Assessor's Block 5615 - Request for Conditional Use Authorization under Planning Code Sections 161(j) and 303 to allow a reduction in the off-street parking requirement for dwelling units for the construction of a new residential/commercial mixed-use building within a NC-3 (Moderate-Scale Neighborhood Commercial) District with a 40-X Height and Bulk designation.

Preliminary Recommendation:

18. 2006.1282T (T. TAM: (415) 558-6325)

CONSIDERATION OF AMENDMENTS TO THE PLANNING CODE (Sections 316.2, 316.3, 316.4, 316.5, 316.7, and 316.8) to change procedures for Planning Commission consent calendar items in the Neighborhood Commercial and South of Market districts and for live-work units in RH and RM districts.

Preliminary Recommendation: Forward the proposed ordinance to the Board of Supervisors and recommends that Board of Supervisors adopts the amendment contained in the ordinance approved as to form by the City Attorney.

19. 2006.1080C (T. Frye: (415) 575-6822)

1029 Natoma Street - between 11^th Street and Lafayette Street, Block 055 in Assessor's Block 3511 - Request for Conditional Use Authorization to allow the demolition of the existing single residential unit pursuant to Sections 803.5(b) and 816.13 of the Planning Code. The subject property is within an SLR (Service/Light Industrial/Residential) Zoning District, the Western SOMA Special Use District, and a 50-X Height and Bulk District. The proposal is to demolish the single residential unit and construct a new 50-foot structure that would include four units and four off-street parking spaces.

Preliminary Recommendation: Approval with conditions

20. 2006.1218C (J. Ionin: (415) 558-6309)

690 STANYAN STREET (A.K.A. 1878 Haight Street) -northeast corner of Stanyan and Haight Streets, Lot 006 in Assessor's Block 1228 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 719.56 to establish a temporary parking facility on an open lot. The proposal is to establish a public parking lot on a parcel formerly occupied by the Cala Foods parking lot. The lot would provide a total of 42 parking spaces (two handicap spaces and 40 standard spaces) The subject property is within the Haight Street Neighborhood Commercial District, the Haight Alcoholic Beverage Special Use Subdistrict, and a 50-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions

21. 2006.1516C (J. Ionin: (415) 558-6309)

1881 POST STREET- southeast corner of Fillmore and Post Streets, Lots 001 and 002 in Assessor's Block 0701 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 186.2(a) to convert an existing food concession to a restaurant and bar on the third level of an existing multi-screen movie theater (the Sundance Kabuki Cinema, formerly known as the Kabuki Cinema). The subject property is within an NC-3 (Neighborhood Commercial, Moderate Scale) District, the Japantown Special Use District, and a 65-A Height and Bulk District.

Preliminary Recommendation: Approval with conditions

22. 2006.1403T (J. IONIN: (415) 558-6309)

CONSIDERATION OF AMENDMENTS TO THE PLANNING CODE (Section 306) and Administrative Code (Sections 2A.53 and 31.04) to repeal provisions that is void by their own terms and concern an alternative review process if the Planning Commission were unable to meet because a majority of its members has not been nominated, approved and sworn in to office.

Preliminary Recommendation: Review the proposed ordinance and allow the recommendation period to expire with no formal recommendation to the board of supervisors. Informational item only, no action required.

23. (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 December 14, 2006)

24. (M. Li: (415) 558-6396)

ANALYSIS OF GROUND-LEVEL WIND CURRENTS - Informational presentation on the analysis of ground-level wind currents required under the California Environmental Quality Act (CEQA) and the Planning Code, including a brief history, current/emerging methodologies, and recommendations for potential short-term and long-term changes to the review process.

7:00 P.M.

25. 2003.0347MTZU (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 took place on October 26, 2006, Nov. 2, 2006, Nov. 9, 2006, Nov. 16, 2006,; a hearing scheduled for Dec. 7, 2006 was continued to January 11, 2007. The Commission has and will consider and receive public comment on specific aspects of the Plan and proposed amendments at each hearing.

The series of hearings was originally scheduled to culminate in a hearing to consider adoption actions on or after December 7^th, 2006. As the Nov. 16th hearing was cancelled, the Commission held hearing number four on Dec. 7, 2006; hearing number five, scheduled for December 14, 2006 was continued to January 11, 2007. The Commission scheduled additional hearings on February 8, 2007 and February 15, 2007, with adoption actions now scheduled on or after February 15, 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 # 6 – February 8, 2007

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

• Follow-Up on various Comments and Questions (continuation)
• Addenda to proposed amendment of the General Plan, Planning Code and Zoning Map, in response to public comment and Planning Commission testimony received at public hearings
• The addenda include procedures for review of projects proposed within the Market and Octavia Plan area until an historic resources survey is completed and the results of the survey are incorporated into the Market and Octavia Plan and implementing instruments.

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

Plan Area

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

Specifically, the Commission will consider the following items and may take action on or after February 15, 2007.

• Case 2003.0347M - a proposed General Plan amendment that would add a new area plan, the Market and Octavia Area Plan, and make related amendments to the Commerce and Industry, Housing, Recreation and Open Space and Transportation Elements, the Civic Center Area Plan, Downtown Area Plan, South of Market Area Plan and the Land Use Index;
• Case 2003.0347T - a proposed Planning Code text amendment that would revise Planning Code controls, including controls for land use, height and bulk, building design, loading, parking and establish new fees;
• Case 2003.0347Z - a proposed Zoning Map amendment that would revise Maps 2 and 2H, 7 and 7H, and 2SU and 7SU. The proposed Planning Code text and map (Zoning Map) amendments would a) establish three new zoning districts, b) amend the Hayes-Gough, Upper Market, and Valencia Neighborhood Commercial Districts (NCDs), c) update height and bulk districts, d) establish the Market and Octavia Community Improvements Impact Fee, and e) make related revisions necessary to implement the General Plan. The proposed changes are described in greater detail in Case 2003.0347T (above).
• Case No. 2003.0347U Establishing interim procedures for Planning Department use for review of projects proposed within the Market and Octavia Plan area to protect potential historic buildings and potential eligible historic district or districts until an historic resources survey (Survey) is completed and the results of the Survey are incorporated into the Market and Octavia Plan and implementing instruments.

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

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

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

Establishment of Three Zoning Districts in the Plan Area

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

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

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

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

Establishment of New Fees in the Plan Area

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

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

Preliminary Recommendation: Adopt the following:

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

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

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: