SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, December 6, 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 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, 1650 Mission St., 4th 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. 2004.1245E (N. TURRELL: (415) 575-9047)
300 Grant Avenue(aka 272 and 290 Sutter)- Assessor's Block 0287, Lots 013, 014 - Appeal of a Preliminary Mitigated Negative Declaration. The 10,500 square-foot project site is located at 300 Grant Avenue (aka 272-290 Sutter Street) on the northeast corner of Grant Avenue and Sutter Street. The proposed project would involve the demolition of two buildings containing approximately 35,600-square feet of retail space and construction of an approximately 110,000 gross square foot, 11-story mixed-use building (with an additional 16-foot-high mechanical rooftop penthouse) containing approximately 43 dwelling units, approximately 15,000 square feet of ground- and second-floor retail space, and up to 40 off-street parking spaces in a two-level underground garage. The site is zoned C-3-R (Downtown Retail) within an 80-130-F height and bulk district, and the Downtown Area Plan of the General Plan.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

(Continued from Regular Meeting of October 25, 2007)

NOTE: On July 12, 2007, following public testimony, the Commission entertained a motion to uphold the Preliminary Mitigated Negative Declaration (PMND) by a vote of +2 -4, the motion failed. Commissioner S. Lee was excused. The Commission continued the matter to September 6, 2007 by a vote +5 -1,

(Proposed for Continuance to January 10, 2008)

2a. 2004.1245EKVX (J. MILLER: (415) 558-6344)

300 GRANT AVENUE (aka 272 and 290 Sutter Street)- northeast corner at Sutter Street, Lots 13 and 14 in Assessor's Block 287, in a C-3-R (Downtown Retail) District and an 80-130-F Height and Bulk District - Request for review under Planning Code ("Code") Section 309 of the construction of a new, 11-story mixed-use building (with an additional 16-foot-high mechanical rooftop penthouse) containing approximately 43 dwelling units, approximately 15,000 square feet of ground- and second-floor retail space, and up to 40 off-street parking spaces in a two-level underground garage, requiring the authorization of exceptions to Code standards for height above 80 feet, building bulk, rear yard, and off-street parking, as well as the granting of Variances of Code standards for usable open space and dwelling-unit exposure.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of October 25, 2007)

(Proposed for Continuance to January 10, 2008)

2b. 2004.1245EKVX (J. MILLER: (415) 558-6344)

300 GRANT AVENUE (aka 272 and 290 Sutter Street) - northeast corner at Sutter Street, Lots 13 and 14 in Assessor's Block 287, in a C-3-R (Downtown Retail) District and an 80-130-F Height and Bulk District - Request for Variance of Planning Code standards for usable open space and dwelling-unit exposure in conjunction with the construction of a new, 11-story mixed-use building(with an additional 16-foot-high mechanical rooftop penthouse) containing approximately 43 dwelling units, approximately 15,000 square feet of ground- and second-floor retail space, and up to 40 off-street parking spaces in a two-level underground garage.

(Continued from Regular Meeting of October 25, 2007)

(Proposed for Continuance to January 10, 2008)

3. 2006.1525C (A. STARR: (415) 558-6362)

2829 CALIFORNIA STREET AND 1933-1935 DIVISADERO STREET - southwest corner of California and Divisadero Streets, Lots 028 and 003, in Assessor's Block 1028 - Request for Conditional Use Authorization under Planning Code Sections 121.1, 303 and 711.11 to allow a development on a lot greater than 10,000 sq. ft. in an NC-2 (Small Scale Neighborhood Commercial) District and a 40-X Height and Bulk District. The project consists of demolishing the existing 2-story building (previously used as an ambulance repair facility) and constructing two, 4-story, mixed-use buildings, one fronting on California Street and one fronting on Divisadero Street. Combined, the two buildings will have a total of 12 residential units, 24 parking spaces (12 for the residential units and 12 for the commercial and office spaces) and 6 bicycle parking spaces (located underground with street access on California Street), and approximately 7,250 square feet of gross commercial and office space at the ground floor.

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to January 17, 2008)

4. (S. SANCHEZ: (415) 558-6326)

INDUSTRIAL ZONE - POLICIES AND PROCEDURES - A review of policies and procedures for development proposals in industrial zoning districts as contained in Planning Commission Resolution No. 16202 and consideration of adoption of a resolution establishing additional policies and procedures for development proposals in industrial zoning districts.

(Proposed for Continuance to December 20, 2007)

5. 2007.1113ET (C. NIKITAS: (415) 558-6306)

Amendments to Planning Code Section 303/Protection of Solar Energy Systems - Ordinance introduced by Supervisor Mirkirimi as part of Board File No. 07-1338, that would add Section 303(n) to the Planning Code, to require Conditional Use authorization for any structure that would shade a previously registered Solar Energy System.

Preliminary Recommendation:

(Proposed for Continuance to December 20, 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 November 6, 2007
• Draft Minutes of Regular Meeting of Novmeber 15, 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

10. Design concepts for the 55 Laguna project (S. Vellve: (415) 558-6263)

D. GENERAL PUBLIC COMMENT – 15 MINUTES

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

E. CONSENT CALENDAR

All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and will be acted upon by a single roll call vote of the Commission. There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing.

11. 2006.0997C (C. Jaroslawsky: (415) 558-6348)

1864 8^TH AVENUE - east side of 8^th Avenue, between Noriega and Ortega Streets; Assessor's Block 2044, Lot 003A - Request for Conditional Use Authorization for residential demolition of an existing single-family dwelling (pursuant to Board of Supervisors) Resolution 122-07) and the construction of a new, two-family dwelling. The rear of the property faces Laguna Honda Boulevard and Reservoir. The subject property is within an RH-2 (Residential, House, Two-Family) District, and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of October 18, 2007)

12. 2007.0997Q (M. SMITH: (415) 558-6322)

2242-2252 15^TH STREET - north side between Castro and Noe Streets, Lots 103 in Assessor's Block 3540 - Public hearing, under Article 9 of the Subdivision Code, to determine consistency of a proposed six-unit residential Condominium-Conversion with the General Plan, located in a RH-3 (Residential, House, Three Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval

13. 2007.1241C (R. CRAWFORD: (415) 558-6358)

2112 15^th Street - north side between Sanchez and Noe Streets, Assessor's Block 3541 Lot 010 - Request for Conditional Use Authorization under, Planning Code Section 721.49 to change the use from retail sales and services to a financial service (doing business as  Washington Mutual Bank ) in the Upper Market Neighborhood Commercial District and a 50-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions.

14. 2007.0533I (S. WERTHEIM: (415) 558-6612)

UNIVERSITY OF THE PACIFIC SCHOOL OF DENTISTRY INSTITUTIONAL MASTER PLAN - Public Hearing on the University of the Pacific School of Dentistry Institutional Master Plan (IMP), pursuant to Planning Code Section 304.5. The IMP contains information on the nature and history of the institution, the location and use of affiliated buildings, and development plans. The IMP is available for viewing on the Planning Department's website (from www.sfplanning.org click  Publications & Reports and then  Institutional Master Plans ).

Preliminary Recommendation: No action required. This is an informational item only

1. REGULAR CALENDAR

15. 2007.0584C (E. Watty: (415) 558-6620)

2298 MARKET STREET - northeast corner at Noe Street; Lot 015 in Assessor's Block 3560 - Request for Conditional Use Authorization, pursuant to Planning Code Section 303(e), to modify a previously approved Conditional Use Authorization in order to allow the existing large fast-food restaurant (D.B.A. Café Flore) to operate and provide outside food-service 24-hours a day, 7-days a week, and to allow  other entertainment – including amplified music – until 2 a.m. daily. The Subject Property is within the Upper Market Neighborhood Commercial District and 50-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of October 25, 2007)

16. 2007.0162D (C. JAROSLAWSKY (415) 558-6348)

2908 ULLOA STREET - between 30^th and 31^st Avenues; Lot 041 (formerly lot 017) in Assessor's Block 2395 - Request for Discretionary Review of Building Permit Application No. 2006.07.20.7180, to construct a new, two-story-over-garage, single-family dwelling in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve with modifications.

(Continued from Regular Meeting of October 18, 2007)

17. 2006.1362D (T. WANG: (415) 558-6335)

76 LAIDLEY STREET - southwest side between 30^th and Harry Streets; Lot 017 in Assessor's Block 7538 - Request for Discretionary Review of Building Permit Application No. 2006.10.10.4591, proposing to construct an independent two-story structure behind and accessory to the existing single-family dwelling 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 with modifications

18. 2007.1222D (A. STARR: (415) 558-6362)

848-850 BAY STREET- north side between Larkin and Hyde Streets; Lot 015 in Assessor's Block 0026 - Staff-Initiated Discretionary Review of Building Permit Application No. 2007.07.18.7164 proposing to construct a 12' tall, 4.5' wide by 5' deep elevator penthouse on the roof of the subject 4-story, 2-unit building in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation- Take Discretionary Review and modify the project.

6:00 P.M.

19. 2006.0737I (S. WERTHEIM: (415) 558-6612 AND S. SANCHEZ (415) 558-6326)

ACADEMYOF ART UNIVERSITY INSTITUTIONAL MASTER PLAN - Public Hearing on the Academy of Art University Institutional Master Plan (IMP), pursuant to Planning Code Section 304.5. The IMP contains information on the nature and history of the institution, the location and use of affiliated buildings, and development plans. The IMP is available for viewing on the Planning Department's website (from www.sfplanning.org click  Publications & Reports and then  Institutional Master Plans ).

Preliminary Recommendation: No action required. This is an informational item only

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

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

Adjournment: