March 8, 2007

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, March 8, 2007

2:00 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.

2:00 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. 2003.0773E (R. AHMADI: (415) 558-5966)

55 Laguna Mixed Use Project - Public Hearing on Draft Environmental Impact Report -The project site is located at 55 Laguna Street in the Hayes Valley neighborhood of San Francisco on the two city blocks bounded by Haight Street to the north, Laguna Street to the east, Hermann Street to the south, and Buchanan Street to the west. The proposed project would include new construction as well as renovation of most of the vacant buildings on the former University of California Berkeley Extension Campus to provide residential, community facility, retail space, open space and parking. The project site currently contains four buildings that were formerly occupied by educational uses, including Woods Hall, Woods Hall Annex, Richardson Hall and Middle Hall. The project site also contains the UCSF dental clinic that is currently in use. The project would renovate Woods Hall, Woods Hall Annex, and most of Richardson Hall to be used for residential and community facility space. Middle Hall would be demolished as would the Richardson Hall Administration wing, a small single-story portion of Richardson Hall located at the north end of the building. New infill construction would include the development of seven new residential buildings ranging in height between three and eight stories. The tallest building, at a maximum height of 85 feet, would be built by an organization called openhouse, specifically for lesbian, gay, bisexual and transgender seniors (hereinafter referred to as the openhouse building). The proposed project would accommodate up to 450 residential units including approximately 85 units in the openhouse building, approximately 10,000 sq. ft. of community facility space, and up to 5,000 occupied sq. ft. of retail space. The project would provide a variety of open spaces, including a privately owned, publicly accessible park, which would be located along the Waller Street alignment. The project would provide approximately 352 on-site parking spaces, including 51 spaces for the dental clinic and up to 10 spaces for a car share organization primarily within four below ground garages, and a small amount of above-ground parking. The project would require a change in the zoning district from P (Public) to RTO (Residential-Transit Oriented) and NCT-3 (Neighborhood Commercial Transit Moderate Scale Mixed-Use), new zoning classifications proposed for Market and Octavia Area Plan, or a mixed-used Special Use District. The dental clinic would remain in a P zoning district. The project would also require an adjustment in the height and bulk designations of the site from 40 X and 80-B to 40-X, 50-X and 85-X. The proposed project would also require an amendment to the San Francisco General Plan to allow the change from a public/institutional use designation to residential mixed-use designations, and to allow an increase in building heights.

Note: Written comments will be received at the Planning Department until 5:00 p.m. on March 19, 2007.

Preliminary Recommendation: No action required.

(Proposed for Continuance to March 15, 2007)

2. (P. Lord: (415) 558-6311)

Western SoMa Citizens Planning Task Force Annual Progress Report for 2006 - Informational

(Proposed for Continuance to March 15, 2007)

3. 2006.0766EX (J. MILLER: (415) 558-6344)

345 STOCKTON STREET - west side between Post and Sutter Streets, Lot 16 in Assessor's Block 295, in a C-3-R (Downtown Retail) Zoning District and an 80-130-F Height and Bulk District - Review under Planning Code Section 309 of the renovation of an existing building (Grand Hyatt Hotel) involving a reconfiguration of the lobby and outdoor public plaza area.

Preliminary Recommendation: Consisting with Planning Code Section 309.

(Proposed for Continuance to March 22, 2007)

4. 2005.0030E (V. WISE: (415) 558-5955)

3400 CESAR CHAVEZ STREET - Lot 004 of Assessor's Block 6569, bounded by 26^th Street, Cesar Chavez Street, Bartlett Street, and Mission Street - Appeal of Preliminary Mitigated Negative Declaration for demolition of the existing building (most recently a retail paint store) and construction of a new four-story building with a 12,000-square-foot Walgreens store and up to three smaller retail spaces on the ground floor, as well as 60 one-, two-, and three-bedroom condominiums above. The building would be about 115,000 gross square feet in size and approximately 50 feet in height. A total of about 97 parking spaces would be provided, with most located in a basement-parking garage. Access to the residential and employee parking garage would be from Bartlett Street, while access to surface-level customer parking for the retail stores would be from Cesar Chavez Street. The project site is located within an NC-3 (Moderate Scale Neighborhood Commercial) zoning district and a 50-X height and bulk district. The project site is in the Easter Neighborhoods Planning Area.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

(Proposed for Continuance to March 22, 2007)

5. 2005.0030C (J. PURVIS: (415) 558-6354)

3400 CESAR CHAVEZ STREET - north side between Mission and Bartlett Streets, and extending to 26^th Street; Lot 004 in Assessor's Block 6569 - Request for Conditional Use Authorization to construct a mixed-use Planned Unit Development (PUD) of up to 60 dwelling units, approximately 16,000 square feet of ground floor commercial space, with up to 97 independently accessible off-street parking spaces. This project requires Conditional Use approval for a PUD with an exception from rear yard requirements and residential density limits under Section 304 of the Planning Code, for development on a lot greater than 10,000 square feet under Sections 121.1 and 712.11, for a non-residential use size greater than 6,000 square feet under Sections 121.2 and 712.21, and for a formula retail use under Sections 703.4 and 303(i). The site is within an NC-3 (Moderate-Scale Neighborhood Commercial) Use District, and a 50-X Height and Bulk District.

(Proposed for Continuance to March 22, 2007)

6. 2007.0096D (K. DURANDET: (415) 575-6816)

542 KANSAS STREET - west side between 18^th and Mariposa Streets; Lot 001O in Assessor's Block 4010 - Request for Discretionary Review of Building Permit Application No. 2006.0130.3332, proposing a vertical and horizontal addition to an existing two story single-family dwelling converting it to a three story two-family dwelling in an RH-3 (Residential, Three-Family) District and a 40-X Height and Bulk District. The proposal required and was granted a Rear Yard Variance for the horizontal addition at a public hearing held on August 23, 2006.

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

(Proposed for Continuance to April 12, 2007)

7. 2006.1415D (G. CABREROS: (415) 558-6169)

2721 PIERCE STREET - west side between Green and Vallejo Streets, Lot 006 in Assessor's Block 0560 - Request for Discretionary Review of Building Permit Application No. 2006.07.03.5586 proposing to remove an existing sun porch at the rear of the building and to construct a two-story rear addition with basement measuring approximately 19 feet deep by 12 feet wide. The existing building is a single-familiy residence 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 as proposed.

(Continued from Regular Meeting of February 1, 2007)

(Proposed for Continuance to April 5, 2007)

8. 2006.1340D (M. GLUECKERT: (415) 558-6543)

2219 BRYANT STREET - east side between 20^th Street and 21^st Street, Assessor's Block 4087, Lot 037 - Request for Discretionary Review of Building Permit Application No. 2006.04.25.9790, proposing a vertical addition to an existing two-story single-family dwelling, adding one dwelling unit and one additional off-street parking space, located in a RM-1 (Mixed Residential, Low Density) District, and a 40-X Height and Bulk District.

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

(Proposed for Indefinite Continuance)

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.

9. Consideration of Adoption -

• Draft Minutes of Regular Meeting of September 21, 2006.
• Draft Minutes of Regular Meeting of January 11, 2007.

10. Commission Comments/Questions

• Inquiries/Announcements. Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).
• Future Meetings/Agendas. At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.

C. DIRECTOR'S REPORT

11. Director's Announcements

12. 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. REGULAR CALENDAR

13. 2006.1360D (A. STARR: (415) 558-6362)

1328 grove street - northwest corner of Grove and Divisadero Streets; Lot 004 in Assessor's Block 1182 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of medical cannabis dispensaries, of Building Permit Application 2006.10.27.6252, to legalize an existing medical cannabis dispensary (dba BASA Collective). The property is located within an NC-2 (Small Scale, Neighborhood Commercial) District and a 40-X Height and Bulk District.

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

14. 2006.1358D (E. OROPEZA: (415) 558-6381)

208 VALENCIA STREET - west side between Duboce Avenue and Clinton Park; Lot 002 in Assessor's Block 3533 - Mandatory Discretionary Review, under the Planning Code Section 217(k) requiring review of Medical Cannabis Dispensaries (MCDs), of Building Permit Application 2006.10.30.6369, to maintain operation of an existing MCD (d.b.a.  Valencia Street Caregivers ). The property is located within a C-M (Heavy Commercial) Use District and a 50-X Height and Bulk District.

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

15. 2006.1472CK (M. GLUECKERT: (415) 558-6543)

860 Folsom Street - northwest side between 4^th Street and 5^th Street - Request for Conditional Use Authorization under Planning Code Section 263.11 for a height exception in the South of Market RSD (Residential/Service) District and within a 40-X/85-B Height and Bulk District. The proposal is for a horizontal alteration at the fourth floor of the structure to add approximately 500-square-feet to the fourth floor. The height of the building will remain at the existing height of approximately 50-feet.

Preliminary Recommendation: Approval with Conditions

16. 2005.1059E (P. MALTZER: (415) 558-5977)

Authorization of ERO to Conduct EIR Hearings Near Project Sites - Consider authorizing the Environmental Review Officer, or his designee, to take supplemental public testimony at additional hearings on Draft EIRs for six water system improvement program (WSIP) projects proposed by the San Francisco Public Utilities Commission in jurisdictions outside the City and County of San Francisco. The six projects include:

1. The Program EIR for the WSIP, which would include public hearings in Sonora, Modesto, Fremont, Palo Alto;
2. The Calaveras Dam Replacement Project, with a proposed public hearing in Fremont;
3. The New Treated Water Reservoir project, with a proposed public hearing in Fremont;
4. The New Irvington Tunnel project, with a proposed public hearing in Fremont;
5. The Bay Division Pipeline Reliability Upgrade project, with proposed public hearings in Fremont and Redwood City; and
6. The New Crystal Springs Bypass Tunnel project, with a proposed public hearing in Hillsborough.

The public hearings in other jurisdictions would be in addition to, and not in lieu of, this hearing to take public comment on the draft EIRs for the proposed projects. The Planning Commission may also authorize the Environmental Review Officer, or his designee, to hold additional public hearings, as provided in San Francisco Administrative Code Sections 31.05 and 31.14. Because the projects will affect areas outside the City and County of San Francisco, the Environmental Review Officer recommends holding additional public hearings near the projects site and is requesting authorization from the Planning Commission to do so.

Preliminary Recommendation: Authorize the Environmental Review Officer to conduct additional public hearings on the Draft EIRs for six water system improvement program (WSIP) projects.

6:00 P.M.

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

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

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

17a. 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 March 1, 2007)

H. PUBLIC HEARING:

17b. 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 March 1, 2007)

18. 2003.0347MTZU (J. BILLOVITS (415) 558-6390/A. RODGERS: (415) 558-6395)

MARKET AND OCTAVIA PLAN AMENDMENTS - Adoption of resolutions to amend the General Plan, Planning Code, Zoning Map and other matters related to the Market and Octavia Neighborhood Plan. The Planning Commission will hold a public hearing on March 8, 2007 to consider Case No. 2003.0347MTZU, and consider Resolutions to adopt amendments to the San Francisco General Plan, Planning Code and Zoning Map and other matters 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 continued a hearing scheduled for March 1, 2007 to March 8, 2007. The Commission has and will consider and receive public comment on specific aspects of the Plan and proposed amendments at the hearing.

The series of hearings was originally scheduled to culminate in a hearing to consider adoption actions on or after March 8, 2007. 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, February 15, 2007, and continued a hearing scheduled for March 1, 2007 to March 8, 2007, with adoption actions proposed on or after March 8, 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 March 8, 2006. 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 # 8 – March 8, 2007

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

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

· Commission consideration of adoption of amendments to the General Plan, Planning Code and Zoning Map and adoption of related provisions.

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 8, 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. (near 16th & 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)

I. PUBLIC COMMENT

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

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

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

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

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

Adjournment: