SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, February 15, 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. 2006.0949DDDDDDD (M. SMITH: (415) 558-6322)

376 EUREKA STREET - west side between 20^th and 21^st Streets, Lot 017 in Assessor's Block 2749 - Request for Discretionary Review of Building Permit Application No. 2005.08.30.1650, proposing to raise the building two-feet to construct a ground floor garage, add dormers, and construct a two-story horizontal addition at the rear, 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

(Continued from Regular Meeting of January 25, 2007)

(Proposed for Continuance to March 1, 2007)

2. 2005.0351E (V. WISE: (415) 558-5955)

700 VALENCIA STREET - Lot 001 of Assessor's Block 3588, bounded by Valencia, 19^th, Lapidge and 18^th Streets - Appeal of Preliminary Mitigated Negative Declaration. The proposed project would include demolition of an existing building and construction of a five-story, 50-foot-tall mixed-use building totaling approximately 22,662 square feet. The building would include nine dwelling units, nine parking spaces and one commercial unit. Vehicular access to the garage would be via 18^th Street. Access to the commercial unit would be at the corner of Valencia and 18^th Street and along Valencia Street. The project site in the Valencia Neighborhood Commercial zoning district and is within a 50-X height and bulk district. The project site is in the Eastern Neighborhoods Plan Area and is subject to the Housing/Mixed Use Guidelines.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

(Proposed for continuance to April 19, 2007)

3. 2003.0347E (R. AHMADI: (415)-558-5966)

Market & Octavia Neighborhood Plan - Certification of Final Environmental Impact Report - The project area lies to the west of the City's downtown financial district and sits at the junction of several neighborhoods, including, Civic Center, Hayes Valley, Western Addition, South of Market, Inner Mission, the Castro, Duboce Triangle, Eureka Valley, and Upper Market. The proposed neighborhood plan would reclassify the existing zoning from Residential Districts (R), Neighborhood Commercial Districts (NCD's), Moderate-Scale Neighborhood Commercial (NC-3), and Heavy Commercial (C-M) to Downtown General Commercial Districts (C-3-G), Residential Transit Oriented (RTO), Neighborhood Commercial Transit Districts (NCT), Neighborhood Commercial-Transit, and Moderate-Scale Mixed Use Districts (NCT-3). It would also increase height limits in certain areas and reduce height limits in other areas. The proposed zoning and height reclassifications would increase the potential for residential development in the area.

Preliminary Recommendation: Certify the Final Environmental Impact Report.

Please note: The public review period for the Draft Environmental Impact Report is closed. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission during the Public Comment portion of the Commission calendar.

(Continued from Regular Meeting of February 1, 2006)

(Proposed for Continuance to March 1, 2007)

4. 2003.0347E (R. AHMADI: 414-558-5966)

Market & Octavia Neighborhood Plan - Adoption of CEQA Findings Related to EIR and Potential Project Approval Action - The project includes proposed amendments to the General Plan, Planning Code and Zoning Map. The project area lies to the west of the City's downtown financial district and sits at the junction of several neighborhoods, including, Civic Center, Hayes Valley, Western Addition, South of Market, Inner Mission, the Castro, Duboce Triangle, Eureka Valley, and Upper Market. The proposed neighborhood plan would: (1) amend the General Plan, adding a new Area Plan (the Market and Octavia Area Plan) and make related amendments to the Commerce and Industry, Housing, Recreation and Open Space and Transportation Elements, the Civic Center Area Plan, Downtown Area Plan, South of Market Area Plan and the Land Use Index; and (2) amend the Planning Code and Zoning Map to reclassify the existing zoning from Residential Districts (R), Neighborhood Commercial Districts (NCD's), Moderate-Scale Neighborhood Commercial (NC-3), and Heavy Commercial (C-M) to Downtown General Commercial Districts (C-3-G), Residential Transit Oriented (RTO), Neighborhood Commercial Transit Districts (NCT), Neighborhood Commercial-Transit, Moderate-Scale Mixed Use Districts (NCT-3). The project would also increase height limits in certain areas and reduce height limits in other areas, and establish new fees. The proposed zoning and height reclassifications would increase the potential for residential development in the area.

Preliminary Recommendation: Adopt CEQA Findings.

(Continued from Regular Meeting of February 1, 2006)

(Proposed for Continuance to March 1, 2007)

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. 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.

8a. 2005.0573D (M. SMITH: (415) 558-6322)

678 28^TH STREET- south side between Diamond and Douglass Streets, Lot 013 in Assessor's Block 6605 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of residential demolition, of Demolition Permit Application No. 2005.07.06.6950, proposing to demolish a one-story over garage, 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

8b. 2006.0923D (M. SMITH: (415) 558-6322)

678 28^TH STREET - south side between Diamond and Douglass Streets, Lot 013 in Assessor's Block 6605 - 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. 2005.07.06.6952, proposing to construct a two-story over garage, 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

9a. 2006.0786D (M. SMITH: (415) 558-6322)

443 MADRID STREET - east side between Brazil and Persia Avenues, Lot 029 in Assessor's Block 6079 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of residential demolition, of Demolition Permit Application No. 2004.05.17.4118, proposing to demolish a one-story, 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

9b. 2006.0923D (M. SMITH: (415) 558-6322)

443 MADRID STREET - east side between Brazil and Persia Avenues, Lot 029 in Assessor's Block 6079 - 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. 2004.05.17.4123, proposing to construct a two-story over garage, 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

10. 2006.1286D (A. STARR; (415) 558-6362)

2364-2366 FULTON STREET - north side, between Willard and Parsons Streets, Lot 008 in Assessor's Block 1169 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of dwelling unit mergers, of Building Permit Application No. 2006.10.10.4589 proposing to legalize a dwelling unit merger that was done in 1998 without permits in an RH-3 (Residential House, Three-Family) District and 40-X Height and Bulk District. The merger will reduce the number of legal dwelling units from three to two.

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

• F.REGULAR CALENDAR

11. (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.

(Continued from Regular Meeting of February 8, 2007)

12a. 2006.1536B (M. Glueckert: (415) 558-6543)

1515 THIRD STREET, AKAMISSION BAY SOUTH, BLOCK 27, PARCEL 1; AKA LOT 012 IN ASSESSORS BLOCK 8721 - application for design review and office allocation pursuant to Planning Code Section 321 et seq. to construct a new six-story building, approx. 216,491 gsf, with a total office space allocation of 202,893 sf. The building is approx. 89' in height and will provide approx. 12,169 sf of ground floor retail space. Parking will be provided on-site on Block 27, Parcels 2 and 3. The site is located in a Mission Bay Commercial-Industrial Zoning District and an HZ-5 Height District.

Preliminary Recommendation: Approve with conditions

12b. 2006.1509B (M. Glueckert: (415) 558-6543)

1455 THIRD STREET AND 455 MISSION BAY BLVD. SOUTH, AKAMISSION BAY SOUTH, BLOCK 26, PARCELS 1-3; AKA LOT 012 IN ASSESSORS BLOCK 8721 - application for design review and office allocation pursuant to Planning Code Section 321 et seq. to construct three new buildings, with a total of approx. 380,999 gsf, and a total office space allocation of 373,487 sf. Building 1 is approx. 159' in height. Buildings 2 and 3 are approx. 90' in height. Ground floor retail space will be provided in Buildings 1 and 2. Parking will be provided off-site on Block 27. The site is located in a Mission Bay Commercial-Industrial Zoning District and an HZ-5 Height District.

Preliminary Recommendation: Approve with conditions

13 2006.1408C (S. Vellve: (415) 558-6263)

2308 Clement Street - north side between 24^th and 25^th Avenues; Lot 019 in Assessor's Block 1409 - Request for Conditional Use Authorization pursuant to Sections 186.2, 717.53 and 303 of the Planning Code to convert a two-story commercial building from a Massage Establishment to a Business/Professional Office use within the Outer Clement Neighborhood Commercial District, 40-X Height and Bulk District. Section 186.2 of the Planning Code requires Conditional Use Authorization to enable one use to occupy both floors of the existing two-story building.

Preliminary Recommendation: Approve with conditions

14. 2006.1272D (M. SMITH: (415) 558-6322)

3925-27 20^TH STREET - south side between Church and Sanchez Streets, Lot 067 in Assessor's Block 3605 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of all dwelling unit mergers, of Building Permit Application No. 2006.09.21.2966

, proposing to merge two dwelling units into a single dwelling unit, located in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and Disapprove the Merger

5:30 pm

15. 2003.0347MTZU (J. BILLOVITS (415) 558-6390/A. RODGERS: (415) 558-6395)

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 # 7 – February 15, 2007

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

· Staff follow-up on various Commissioner comments and questions (continuation)

· Commission's direction and finalization of adoption packet of amendments to the General Plan, Planning Code and Zoning Map for Commission Action on March 1st, 2007.

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, 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 on or after March 1, 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 http://marketoctavia.betterneighborhoods.org.

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

Plan Area

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

Specifically, the Commission will consider the following items and may take action on or after March 1, 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

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

Adjournment: