SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, June 21, 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 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.

1. 2007.0428C (A. STARR: (415) 558-6362)

1224 9th AVENUE - east side between Lincoln and Irving Streets; Lot 033, in Assessor's Block 1742 - Request for Conditional Use Authorization under Planning Code Section 703.24 to allow an outdoor activity area in the rear yard of the subject property in the Inner Sunset Neighborhood Commercial District and a 40-X Height and Bulk District. The outdoor activity area will be used as an outdoor dinning area for 14 people for the existing restaurant (dba Bistro 9).

Preliminary Recommendation: Approve with conditions

(Proposed for Continuance to June 28, 2007)

2. 2006.0572C (T. FRYE: (415) 558-6822)

842 MOULTRIE STREET - south of Crescent Avenue; Assessor's Block 5810, Lot 009 -Request for Conditional Use Authorization for residential demolition pursuant to Board of Supervisors Resolution 122-07 to remove a 1906 Earthquake Refugee Shack from the property to allow for its preservation at another location, to demolish the non-historic additions, and to construct a new single-family dwelling. The property is located within an RH-1 (Residential, Single-Family) District with a 40-X Height and Bulk District within the Bernal Heights Special Use District.

Preliminary Recommendation: Approve with conditions

(Proposed for Continuance to June 28, 2007)

3a. 2006.0616BEKX (J. MILLER: (415) 558-6344)

120 HOWARD STREET - northwest corner at Spear Street, Lot 019 in Assessor's Block 3717 - Request for review by the Planning Commission under Planning Code Section 309 of a four-story addition to an existing eight-story building (with a partial ninth floor) requiring exceptions to Planning Code standards for freight loading and building bulk, in C-3-O (Downtown Office) and C-3-O (SD) (Downtown Office - Special Development) Districts and a 200-S Height and Bulk District.

(Continued from Regular Meeting of June 7, 2007)

(Proposed for Continuance to June 28, 2007)

3b. 2006.0616BEKX (J. MILLER: (415) 558-6344)

120 HOWARD STREET - northwest corner at Spear Street, Lot 019 in Assessor's Block 3717 - Request for allocation of office space by the Planning Commission under Planning Code Section 321 in conjunction with a four-story addition to an existing eight-story building (with a partial ninth floor). This project requires the allocation of approximately 67,310 square feet of office space. The site is in C-3-O (Downtown Office) and C-3-O (SD) (Downtown Office – Special Development) Districts and a 200-S Height and Bulk District.

(Continued from Regular Meeting of June 7, 2007)

(Proposed for Continuance to June 28, 2007)

4. 2007.0193D (M. LI: (415) 558-6396)

722 COLUMBUS AVENUE - east side between Filbert and Greenwich Streets, Lot 027 in Assessor's Block 0090 - Mandatory Discretionary Review of Building Permit Application No. 2007 0206 3529 to maintain operation of an existing medical cannabis dispensary (dba  Medical Cannabis Center ) of approximately 1,000 square feet. The property is within the North Beach Neighborhood Commercial District and a 40-X Height and Bulk District. There will be no physical expansion of the existing building or commercial space.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of April 26, 2007)

(Proposed for Continuance to July 12, 2007)

5a. 2007.0388CV (B. FU: (415) 558-6613)

2574 San Bruno Avenue - west side, between Felton and Burrows Streets, Lot 011 in Assessor's Block 5981 - Request for Conditional Use Authorization for use size under Planning Code Sections 711.21 and 121.2 to demolish the existing community recreation center,  Boys Club, and construct a two-story over basement community health center, operated by the North East Medical Services, within a NC-2 (Small-Scale Neighborhood Commercial) Zoning District and a 40-X Height and Bulk Designation. The project also includes a Variance request for an exception to off-street parking requirements pursuant to Planning Code Section 151.

Preliminary Recommendation: approval with conditions

(Proposed for Continuance to July 26, 2007)

5b. 2007.0388CV (B. FU: (415) 558-6613)

2574 San Bruno Avenue - west side, between Felton and Burrows Streets, Lot 011 in Assessor's Block 5981 - Variance Request for off-street parking pursuant to Planning Code Section 151 for the proposed two-story over basement community health center, operated by the North East Medical Services, within a NC-2 (Small-Scale Neighborhood Commercial) Zoning District and a 40-X Height and Bulk Designation.

(Proposed for Continuance to July 26, 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.

6. Consideration of Adoption:

• Draft Minutes of Regular Meeting of May 17, 2007.

7. 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

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. 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

10. 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 Special Meeting of May 31, 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.

Note: On May 31, 2007, the Commission entertained a motion to take Discretionary Review and approve per agreement by vote of +2 –4. Motion Failed. Commissioners S. Lee, Moore, Sugaya and Olague voted no. The matter was continued to June 21, 2007 by a vote of +5 –1. Commissioner Antonini voted no. Commissioner Alexander was absent. Public hearing remains closed.

• G.REGULAR CALENDAR

11a. 2006.0856CV (M. WOODS: (415) 558-6315)

461 BAKER STREET AND 1500 GROVE STREET - southwest corner at Grove Street; Lot 1, in Assessor's Block 1199 for 461 Baker Street and northwest corner at Grove Street; Lot 9, in Assessor's Block 1184 for 1500 Grove Street - Request for Conditional Use Authorization under Planning Code Sections 209.3(f) and 303 to modify a Conditional Use authorization for an existing pre-school, the Pacific Primary School, located at 1500 Grove Street to allow the construction of a new child-care facility/pre-school annex for more than 12 children across the street at 461 Baker Street, in an RM-1 (Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District. The annex will include 4 classrooms for up to 75 children, with the total enrollment for the school increasing to 160 children.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of June 7, 2007)

11b. 2006.0856CV (M. WOODS: (415) 558-6315)

461 BAKER STREET - southwest corner at Grove Street; Lot 1, in Assessor's Block 1199 - Request for Variance under Planning Code Sections 134 and 151 to allow the construction of a child-care facility/pre-school annex, containing 4 classrooms for up to 75 children, in an RM-1 (Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District. As proposed, the project will not meet the Planning Code's rear yard and parking requirements. The Planning Code requires a 16-foot rear yard parallel to Grove Street, while the project proposes an interior courtyard in lieu of a standard 16-foot lot line to lot line rear yard layout. The Planning Code requires 3 parking spaces for 4 classrooms, while the project proposes none. (The Zoning Administrator will consider these Variances in conjunction with the public hearing for the Conditional Use authorization.)

(Continued from Regular Meeting of June 7, 2007)

12. 2006.1303C (E. WATTY: (415) 558-6620)

77 OAKWOOD STREET - east side between 18^th and 19^th Streets; Lot 059 in Assessor's Block 3587 - Request for Conditional Use Authorization to demolish a single-family dwelling and construct a new two-family dwelling, pursuant to the Board of Supervisors' interim zoning controls requiring conditional use authorization for the demolition of a residential structure. This site is located within the RH-2 (Residential House, Two Family) Zoning District and 40-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions

(Continued from Regular Meeting of May 24, 2007)

13. 2007.0136C (E. Watty: (415) 558-6620)

3953 24^TH STREET - south side between Sanchez and Noe Streets; Lot 032 in Assessor's Block 6508 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 728.94, 161(j), and 303(e), to modify a previously approved Conditional Use Authorization in order to allow six senior dwelling-units to be converted into five market-rate dwelling-units with no off-street parking. This site is located within the 24^th Street - Noe Valley Neighborhood Commercial District 40-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions

14. 2006.0157C (G. Cabreros: (415) 558-6169)

21 WOOD STREET - west side between Lupine Avenue and Geary Boulevard; Lot 004 in Assessor's Block 1069 - Request for Conditional Use Authorization to allow the demolition of a single-family house and the construction of a new two-family building, pursuant to the Board of Supervisors' interim zoning controls requiring conditional use authorization for the demolition of a residential structure. This site is located within the RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions

15. 2007.0072C (R. CRAWFORD: (415) 558-6358)

2367 Market Street aka 3970 17^th Street - north side between Castro and Noe Streets, Assessor's Block 3563 Lot 036 - Request for Conditional Use Authorization under, Planning Code Section 186.1 to expand an existing nonconforming Neighborhood Commercial use (a bar (dba The Cafe)) on the second floor) and develop commercial space on the top floor. The project will include the construction of a 4-story addition on the 17^th Street frontage at the rear of the building all within the Upper Market Neighborhood Commercial District and a 65-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions.

16. 2007.0431C (R. CRAWFORD: (415) 558-6358)

301 DeMontfort Avenue, and 251 Jules Avenue - both sides between Jules and Ashton Avenues Lot 001 of Assessor's Block 6940 and Lot 012 of Assessor's Bock 6933 - Request for Conditional Use Authorization under Planning Code Section 209.3(h) to expand an existing Secondary School with the addition of 3 temporary classroom modules within the existing parking lots in the RH-1, Residential House, One Family and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions.

17. 2007.0115D (M. GLUECKERT 558-6543)

174 VALENCIA STREET - west side between Duboce and McCoppin; Lot 014 in Assessor's Block 3502 - Request for Mandatory Discretionary Review of Building Permit Application No. 2007.01.12.1596 to maintain operation of an existing Medical Cannabis Dispensary (d.b.a.  Mr. Nice Guy ). The parcel is located within a C-M (Heavy Commercial) District and a 50-X Height/Bulk District.

Preliminary Recommendation: Take Discretionary Review and disapprove the project as submitted.

(Continued from Regular Meeting of April 26, 2007)

18a. 2006.0636DD (A. STARR: (415) 558-6322)

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

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

(Continued from Regular Meeting of June 14, 2007)

18b. 2006.0636VDD (A. STARR: (415) 558-6322)

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

(Continued from Regular Meeting of June 14, 2007)

19. 2007.0292D (K. CONNER: (415) 575-6914)

194-198 Guerrero Street A.K.A. 502 14th Street - west side at the northwest corner of the intersection with 14th Street; Lot 014 in Assessor's Block 3534 - Request for Mandatory Discretionary Review of Building Permit Application No. 2007.02.27.4993, to maintain operation of an existing Medical Cannabis Dispensary (d.b.a. Love Shack) within the NC-1 (Cluster, Neighborhood Commercial), District, and the 40-X Height and Bulk District.

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

20. 2007.0212D (K.CONNER: (415) 575-6914)

1430 DIAMOND STREET - west side between 27^th Street and Duncan Street; Lot 004C in Assessor's Block 6588 - Request for Discretionary Review of Building Permit Application No. 2006.10.11.4737, proposing construction of a 12-foot horizontal rear addition and a vertical addition to an existing two-story single family residence in a RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Pending.

21. 2007.0164D (C. JAROSLAWSKY (415) 558-6348)

40 JUANITA WAY - south side between Fowler Avenue and Teresita Boulevard; Lot 010 in Assessor's Block 2901B - Request for Discretionary Review of Building Permit Application No. 20056.12.20.0206, construct a third level addition, onto a one-story over garage, single-family structure. The addition would include a rear deck and stairs at the second and third levels, in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve the project with modifications. `

22. 2007.0436D (S. YOUNG: (415) 558-6346)

58 Wilmot Street/2255-57 Pine Street - a through lot with frontage on Wilmot and Pine Streets, between Fillmore and Webster Streets, Lot 27 in Assessor's Block 660 - Request for Discretionary Review of Building Permit Application Nos. 2007.03.09.5884 proposing to construct a below-grade garage and 2007.03.09.5886 proposing to construct a new three-story over basement, single-family dwelling fronting on Wilmot Street. An existing two-story over basement, two-family dwelling fronts Pine Street. On January 19, 2007, the Zoning Administrator granted variances to the Planning Code's Minimum Lot Area, Rear Yard and Off-Street Parking requirements with regard to this project.

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

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: