November 1, 2007

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, November 1, 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 FranciscoLobbyist 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 impairments 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. 2007.0920C (J. IONIN: (415) 558- 6309)

3322 FILLMORE STREET- east side between Lombard and Chestnut Streets, Assessor's Block 0492, Lot 014 - Request for Conditional Use Authorization under Planning Code Section 703.3 and 703.4 to establish a new formula retail store (d.b.a. Urban Outfitters) in an NC-3 (Neighborhood Commercial, Moderate-Scale) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to November 15, 2007)

2. 2006.1227C (R. CRAWFORD: (415) 558-6358)

5735-5757 Mission Street - southeast side between Whittier and Oliver Streets Lots 038, 039, 040 of Assessor's Block 6473 - Request for Conditional Use Authorization under Planning Code Sections 711.11 and 711.39 to develop a lot greater than 9,999 square feet in area and to demolish residential units above the ground floor in the NC-2 Small Scale Neighborhood Commercial District and a 40-X Height and Bulk District.

Preliminary Recommendation:

(Continued from Regular Meeting of October 25, 2007)

(Proposed for Continuance to November 15, 2007)

3. 2007.0461C (A. HOLLISTER: (415) 575-9078)

448 BROADWAY- north side between Montgomery and Kearny Streets, Lot 011 in Assessor's Block 0144 - Request for Conditional Use Authorization to operate a business under this application between the hours of 2 AM and 6 AM. Specifically, the project proposal is to extend the hours of operation of the subject business (dba  Broadway Express ) to 3:00 AM. No construction is proposed under this application. This site is within the Broadway Neighborhood Commercial District, and a 65-A-1 Height and Bulk District.

Preliminary Recommendation: Approval with conditions

(Continued from Regular Meeting of October 25, 2007)

(Proposed for Continuance to November 8, 2007)

B. COMMISSIONERS' QUESTIONS AND MATTERS

4. 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

5. Director's Announcements

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

7. (K. RICH (415) 558-6345)

EASTERN NEIGHBORHOODS PROGRAM - Staff will present to the Commission a brief update on the overall project schedule for the Eastern Neighborhoods Program and discuss options for structuring upcoming hearings at the Commission. No new substantive information on the Eastern Neighborhoods Project other than schedule information will be presented.

Preliminary Recommendation: informational item, possible action

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

8. (A. VARAT: (415) 558-6405)

Van Ness Avenue BRT Project (informational only) - The Van Ness Avenue BRT Project is evaluating project alternatives for enhancing bus service and improving urban design on Van Ness Avenue. Staff will give introduction and describe Planning Department role. Guest speaker Rachel Hiatt of the San Francisco County Transportation Authority will present the project.

Preliminary recommendation: Informational only, no action requested.

9. (M. SNYDER: (415) 575-6891)

5800 3^rd Street - Informational item on the 5800 Third Street Project. The Commission approved this residential project in the summer of 2005. The project sponsor has been working with the Mayor's office and the Department to revise the project, changing the configuration of the retail component to include a grocery store. The project, as revised, is in general conformity with the project that the Commission originally approved.

Preliminary Recommendation: Informational presentation, no action required.

10. 2005.0842D (A. LIGHT: (415) 558-6254)

1135 -1139 GREEN STREET - south side between Hyde and Leavenworth Streets, in Assessor's Block 0125, Lots 115-117 - Request for Discretionary Review on Building Permit Application No. 2005.06.16.5311 for a project proposing to construct a two-story basement structure containing a five-car garage and storage space by excavating behind an existing, high retaining wall supporting three existing row houses in an RH-3 (Residential, House, Three-Family) Zoning District, and a 40-X Height and Bulk District.

This case was the subject of an appeal of the issuance of a Categorical Exemption from environmental review under the provisions of the California Environmental Quality Act (CEQA). The appeal was heard by the Board of Supervisors, who upheld the Categorical Exemption.

Preliminary Recommendation: Do not take discretionary review, and approve project as proposed.

(Continued from Regular Meeting of October 18, 2007)

11. 2007.1111T (T. SULLIVAN-LENANE: (415) 558-6257)

Amendments relating to Planning Code Sections 260(Bb) [Board File No. 07-1291] - Ordinance introduced by Supervisor Daly amending Planning Code Sections 260(b) by adding subsection 260(b)(1)(A)(i) to allow mechanical equipment and screening changes that do not exceed three additional feet in height and do not contain new occupiable floor space in any C-3-G Zoning District; and adopting findings. Preliminary Recommendation: Approval.

(Continued from Regular Meeting of October 25, 2007)

12. 1996.281E (J. Kugler: (415) 575-6925)

CENTRAL SUBWAY PROJECT (Phase 2 - Third Street Light Rail) -Informational presentation on the Proposed Project. The San Francisco Municipal Transportation Agency (MTA) is proposing construction of the second phase of the Third Street Light Rail project. A supplemental environmental document Draft SEIS/SEIR) has been prepared to meet the requirements of both CEQA and NEPA and analyzes updated information from the original EIS/EIR that was certified in 1998. The goal of the proposed project is to provide Muni Metro rail service from 4th and King (current terminus of Phase 1-the T-Third line) to Chinatown in a mostly subway configuration. Three alternatives are evaluated: Alternative 1-No Project/Transportation Systems Management; Alternative 2-Enhanced EIS/EIR Alignment; and Alternative 3 –Fourth/Stockton Alignment. Alternative 1 includes the T-Third Line and associated bus changes. Alternative 2 would use King, Third, Harrison, Kearny, and Geary as well as Fourth and Stockton and have two portals (Third St. for southbound and Fourth St. for northbound rail traffic) with a shallow tunnel crossing under Market Street. There would be four underground stations at Moscone, Market, Union Square, and Chinatown. Alternative 3 would operate exclusively on Fourth and Stockton Streets with a deep underground crossing of Market Street. There would be three underground stations at Moscone, Union Square/Market, and Chinatown. There are two options; Option A would go underground between Townsend and Brannan, while Option B would go underground between Bryant and Harrison (under the I-80 freeway) and have an additional surface station north of Brannan Street. A Public Hearing on the environmental document will be held at the Commission meeting on November 15^t, 2007. The Public Comment period will close on December 10, 2007.

Preliminary Recommendation: No action requested – informational presentation.

13. 2007.0838C (J. IONIN: (415) 558-6309)

1100 OAK STREET (a.k.a. 401 DIVISADERO STREET), northwest corner of Oak and Divisadero Streets, Assessor's Block 1215, Lot 016 – Request for Conditional Use authorization under Planning Code Section 703.3 to establish a new formula retail store (d.b.a. Batteries Plus) in an NC-2 (Neighborhood Commercial, Small Scale) District, the Divisadero Street Alcohol Restricted Use District and a 40-X Height and Bulk District.

(Originally on the Commission's Regular Meeting calendar of September 27, 2007)

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of September 27, 2007)

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: