May 31, 2007 Special Meeting

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, May 31, 2007

1:30 PM

Special 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 1650 Mission Street, 4th 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, 1650 Mission Street, Suite 400, 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.

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.

1. Consideration of Adoption:

• Draft Minutes of Regular Meeting of February 8, 2007.
• Draft Minutes of Special Meeting of February 15, 2007.
• Draft Minutes of Regular Meeting of February 15, 2007
• Draft Minutes of Special Meeting of February 22, 2007.
• Draft Minutes of Regular Meeting of February 22, 2007.
• Draft Minutes of Regular Meeting of March 8, 2007.
• Draft Minutes of Regular Meeting of April 19, 2007.
• Draft Minutes of Regular Meeting of April 26, 2007.
• Draft Minutes of Special Meeting of May 17, 2007.

2. 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.

3. (L. Avery (415) 558-6407)

Statement of Incompatible Activities – Discussion of the Planning Department's/Commission's Statement of Incompatible Activities.

C. DIRECTOR'S REPORT

4. Director's Announcements

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

D. GENERAL PUBLIC COMMENT – 15 MINUTES

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

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

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

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

6. 2006.0734C (M. GLUECKERT: (415) 558-6543)

3192 16^th Street - north side between Guerrero and Valencia - Request for Conditional Use Authorization under Planning Code Sections 726.48 and 790.38 for Other Entertainment within the Valencia Street Neighborhood Commercial District and within a 40-X Height and Bulk District. The existing bar use, d.b.a.  Double Dutch , formerly known as  Cama , will not change. The new owner is seeking authorization for recorded amplified music and a DJ. Hours of operation will remain 5pm to 2am. No physical expansion or increase in exterior dimensions of the existing building is proposed.

Preliminary Recommendation: Disapproval

(Continued from Regular Meeting of May 10, 2007)

Note: On January 11, 2007, following public testimony, the Commission closed the public hearing and continued this matter to 4/12/07 and required the project sponsor to do a sound study. The public hearing will be reopened if new material/information is put before the Commission for consideration.

NOTE: On April 12, 2007, without a hearing the matter was continued to 5/10/07.

NOTE: On May 10, 2007, following public testimony, the Commission passed a motion to approved as amended: six months to a year to review/report to Director of Planning who will report to the Commission; no use of the backyard by a vote of +7 -0. Final Language May 31, 2007.

7. 2007.0084D (E. OROPEZA: (415) 558-6381)

75 FOLSOM STREET - south side between Spear and Steuart Streets; Lots 021, 022 & 023 (units no. 905, 906 & 907) in Assessor's Block 3744,  Hill Plaza - Mandatory Discretionary Review under the Planning Commission's policy requiring review of dwelling unit mergers, for Building Permit Application no. 2007.0116.1750. The merger would reduce the number of legal dwelling units from 67 to 65. The property is located within the RH-DTR (Rincon Hill Residential Mixed Use) District and an 80 / 200-R Height and Bulk District.

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

(Continued from Regular Meeting of May 10, 2007)

Note: On May 10, 2007, following public testimony, the Commission closed public hearing and continued the matter to May 31, 2007 by a vote of +6 –1. Commissioner Antonini voted no.

• G.REGULAR CALENDAR

8a. 2005.0633DDDD (S. VELLVE: (415) 558-6263)

113 PIXLEY STREET - south side between Fillmore and Webster Streets; Lot 007 in Assessor's Block 0516 - Requests for Discretionary Review of Building Permit Application No. 2006.01.31.3422 proposing to construct a 4-foot tall vertical addition to accommodate a third floor of occupancy and a 4-foot deep and 10-foot wide horizontal addition within the last 15 feet of the lot in an existing two-story single-family home located in an RH-2 (House, Two-Family) District and 40-X Height and Bulk District. The project is also subject to a rear yard variance for the horizontal addition (Case No. 2005.0633V), which will be heard by the Zoning Administrator immediately after the Planning Commission hears the requests for Discretionary Review.

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

(Continued from Regular Meeting of May 24, 2007)

8b. 2005.0633V (S. VELLVE: (415) 558-6263)

113 PIXLEY STREET - south side between Fillmore and Webster Streets; Lot 007 in Assessor's Block 0516 - Request for a Rear Yard Variance to construct a rear horizontal addition of approximately 4-feet deep and 10-feet wide within the last 15 feet of the lot containing a two-story single-family home located in an RH-2 (House, Two-Family) District and 40-X Height and Bulk District.

(Continued from Regular Meeting of May 24, 2007)

9. (L. BADINER: (415) 558-6350)

MISSION BAY - This is an informational presentation on the Mission Bay Planning Process, Design for Development Controls, and recent developments.

(Continued from Regular Meeting of May 17, 2007)

H. 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: