December 13, 2007

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, December 13, 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. 2005.0336D (T. FRYE: (415) 575-6822)

252 HOLYOKE STREET - between Felton and Burrows Streets; Assessor's Block 5976, Lot 006 - Request of Discretionary Review for residential demolition to remove two 1906 Earthquake Refugee Shacks from the property to allow for their preservation at alternate locations, 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. The Zoning Administrator will hear a related rear yard variance request for 908 Page Street, Case #2007.1279V Assessor's Block, 1217 Lot 002 to relocate one of the shacks in a required rear yard setback.

Preliminary Recommendation: Do not take Discretionary Review and Approve Project

(Proposed for Continuance to January 10, 2008)

2a. 2006.0660BEKX (C. NIKITAS: (415) 558-6344)

100 CALIFORNIA STREET - northwest corner at Davis Street, a through-lot to Sacramento Street, Lot 017 in Assessor's Block 0236 - Review under Planning Code Section 295 of a proposed addition of approximately 72,900 square feet in six stories to an existing 12-story office building with an additional 1,530 square feet of new ground-floor retail space, requiring exceptions to Planning Code standards for off-street freight loading, building bulk and shadowing of public parks - in a C-3-O (Downtown Office) District and a 350-S Height and Bulk District.

Preliminary Recommendation: Find that the new shadow cast is not adverse.

(Proposed for Continuance to January 17, 2008)

2b. 2006.0660BEKX (J. MILLER: (415) 558-6344)

100 CALIFORNIA STREET - northwest corner at Davis Street, a through-lot to Sacramento Street, Lot 017 in Assessor's Block 0236 - Review under Planning Code Section 309 of a proposed addition of approximately 72,900 square feet in six stories to an existing 12-story office building with an additional 1,530 square feet of new ground-floor retail space, requiring exceptions to Planning Code standards for off-street freight loading, building bulk and shadowing of public parks - in a C-3-O (Downtown Office) District and a 350-S Height and Bulk District.

(Proposed for Continuance to January 17, 2008)

2c. 2006.0660BEKX (J. MILLER: (415) 558-6344)

100 CALIFORNIA STREET - northwest corner at Davis Street, a through-lot to Sacramento Street, Lot 017 in Assessor's Block 0236 - Request for allocation of approximately 72,900 square feet of new office space pursuant to Planning Code Sections 321 and 322 -- in a C-3-O (Downtown Office) District and a 350-S Height and Bulk District.

(Proposed for Continuance to January 17, 2008)

3a. 2007.0448DDDV (E. WATTY: (415) 558-6620)

456 Urbano Drive - west side between Alviso and Moncada Way; Lot 010 in Assessor's Block 6916 - Request for Discretionary Review of Building Permit Application No.'s 2006.05.09.1110 proposing to construct a one-story vertical addition, a horizontal front addition, and a two-story horizontal rear addition to the existing single-family detached dwelling, and of Building Permit Application No. 2007.10.18.5822 proposing to legalize a rear addition made to the noncomplying detached garage. The garage expansion is pending approval of Case No. 2007.0448DDDV requesting a rear yard and noncomplying structure variance. The property is located in an RH-1 (D) (Residential, House, One-Family)(Detached) Zoning District and 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve with modifications.

(Proposed for Continuance to December 20, 2007)

3b. 2007.0448DDDV (E. WATTY: (415) 558-6620)

456 Urbano Drive - west side between Alviso and Moncada Way; Lot 010 in Assessor's Block 6916 - Request for a Variance from Planning Code Sections 134 and 188, to legalize an addition made to the rear of a legal noncomplying detached garage, located in an RH-1(D) (Residential House, One-Family) (Detached) Zoning District and 40-X Height and Bulk District.

Note: To be decided by the Zoning Administrator.

(Proposed for Continuance to December 20, 2007)

4. 2007.0922C (S. Young: (415) 558-6346)

1926 LOMBARD STREET - north side between Webster and Buchanan Streets; Lot 006 in Assessor's Block 0493 - Request for Conditional Use Authorization under Sections 186.1(e), 712.45, and 303 of the Planning Code to allow the transfer of ABC License Type 21 from 1600 Lombard Street (previously Goldmine Liquors) to 1926 Lombard Street (d.b.a. Luigi's Delicatessen) in an NC-3 (Moderate-Scale) Neighborhood Commercial District and a 40-X Height and Bulk District. The proposal is to add off-sale liquor sales to an existing grocery store (with accessory deli) for the sale of beer, wine, and distilled spirits. The proposal will not involve an expansion of the existing building envelope.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of November 8, 2007)

(Proposed for Continuance to December 20, 2007)

5. 2007.0916C (C. TEAGUE: (415) 575-9081)

52-54 DORE STREET - southwest side, between Howard and Folsom Streets, Lots 042 and 043 in Assessor's Block 3518 - Request for Conditional Use Authorization pursuant to Planning Code Sections 816.18, 816.21 and 303 for a change of use of a 2-story, approximately 12,750 square feet building from light manufacturing to a residential care facility and social service provider (Progress Foundation) within an SLR (Service, Light Industrial, Residential) Zoning District and a 50-X Height and Bulk designation. The proposal is to offer a short-term residential care, urgent care, and community placement facility with no exterior expansion of the existing building.

Preliminary Recommendation:

(Proposed for Continuance to January 24, 2008)

6. 2005.1066E: (D. LEWIS: (415) 575-9095)

2800 SLOAT BOULEVARD - north side of Sloat, between 46^th and 47^th Avenues, Lot 001 in Assessor's Block 2515 - Appeal of Preliminary Mitigated Negative Declaration for a project proposing the demolition of three existing commercial buildings and a 34-space parking lot, and the construction of three new mixed-use, five-story, 60-foot-tall buildings totaling approximately 120,000 gross square feet (gsf). The project would include 56 dwelling units, approximately 23,000 gsf of ground-floor commercial uses, and 93 off-street parking spaces. The three existing commercial buildings on the project site proposed for demolition include a retail shop (Aqua Surf Shop), restaurant/café (John's Ocean Beach Café), and a motel (Robert's Motel). The project site is within the NC-2 (Small-Scale Neighborhood Commercial) zoning district and a 100-A height and bulk district.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

(Proposed for Continuance to February 14, 2008)

7. 2007.1111T (A. RODGERS: (415) 558-6395)

AMENDMENTS REPEALING PLANNING CODE SECTION 825.1 and AMAENDING PLANNING CODE SECTIONS 135, 309.1, 318.3, 809, 825, and 827. Ordinance introduced by Supervisor Daly to apply many of the provisions of the Rincon Hill Downtown Mixed Use Zoning District to all Downtown Residential Districts and to add design requirements to enhance the pedestrian environment, making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval.

(Proposed for Indefinite Continuance)

PLEASE NOTE: The Planning Commission has temporarily altered the Order of Business for this hearing. COMMISSIONERS QUESTIONS AND MATTERS and DIRECTOR'S REPORT will follow item 13 – EASTERN NEIGHBORHOODS PROGRAM

F. 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.

B. 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.

8. 2007.0932D (A. BEN-PAZI: (415) 575-9077)

953 MISSION STREET - south-east side between 6^th and Mary Streets, Lot 088 in Assessor's Block 3725 - Mandatory Discretionary Review of proposal to maintain operation of an existing medical cannabis dispensary (dba  Alternative Patient Caregivers ) of approximately 263 square feet. There is no smoking on the premises. There will be no physical expansion of the existing building or commercial space. The property is within a C-3-S (Downtown Support) District and a 160-F Height and Bulk District.

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

1. REGULAR CALENDAR

9. 2007.1196D (C. TEAGUE: (415) 575-9081)

248 San JoseAvenue - west side between 24th Street and 25th Street; Lot 008 in Assessor's Block 6513 - Mandatory Discretionary Review of Building Permit Application No. 2007.09.04.1704, proposing to remove an existing studio dwelling unit on the second floor by merging it with the existing one-bedroom dwelling unit on the same floor in a RM-2 (Residential, Mixed, Moderate Density) District and a 40-X Height and Bulk District. The project would reduce the total number of dwelling units in the building from five to four. Minor interior work is included, but no exterior renovation or expansion is included . The proposal requires a Mandatory Discretionary Review for the removal of a dwelling unit.

Preliminary Recommendation: Do not take Discretionary Review and Approve Project.

10. 2006.0847D (K. CONNER: (415) 575-6914)

2071 43^RD AVENUE - west side between Quintara Street and Pacheco Street; Lot 018 in Assessor's Block 2163 - Request for Discretionary Review of Building Permit Application No. 2006.02.23.5225, proposing construction of a third-story horizontal and vertical addition to a two story dwelling in a 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.

(Continued from Regular Meeting of November 8, 2007)

11. 2007.0929C (M. GLUECKERT (415) 558-6543)

855 HARRISON STREET - south side between 4^th Street and 5^th Street, Assessor's Block 3761, Lot 002 - Request for Conditional Use Authorization under Planning Code Sections 303 and 803.6 to allow a new formula retail use (d.b.a.  TJ Maxx ) within the Western SOMA Special Use District in a SLI (Service/Light Industrial) Zoning District and a 30-X Height and Bulk District. The proposal will not result in expansion of the existing building envelope.

Preliminary Recommendation: Approval with Conditions

12. 2004.0773E!MTZC (S. VELLVE: (415) 558-6263)

55 LAGUNA STREET (aka 218 – 220 Buchanan Street) most of the blocks bound by Laguna, Haight, Buchanan and Hermann Streets, Lots 1, 2 and a portion of Lot 3 in Assessor's Block 870 and Lots 1 and 1A in Assessor's Block 857 - Consideration of a Resolution of Intention to initiate amendments to the Market and Octavia Area Plan element of the General Plan to amend Map 1 – Land Use Districts and Map 3 - Height Districts. Amendment to the Housing element, Residence element and Land Use Index of the General Plan to amend Map 2 – Generalized Residential Land Use Plan and Map 3- Residential Density Plan. The proposal is to construct seven (7) new buildings and adaptively reuse three (3) existing buildings to create approximately 330 dwelling units, a large institutional residential care facility to accommodate senior residents (operated by  openhouse ), approximately 12,000 square feet of community facility space, no more than 4, 9999 occupied square feet of commercial/retail space, and approximately 300 off-street parking spaces. The project would include construction of an approximately 25,000 square foot publicly-accessible park on the former Waller Street right-of-way and a community garden of approximately 10,000 square feet. The existing University of California Extension site is located in a P (Public) Zoning District and 80-B and 40-X Height and Bulk Districts. Conditional Use authorization is required to locate a community facility in an R (Residential) District pursuant to Planning Code Section 209.4, to develop lots in excess of 10,000 square feet in an NC-3 District pursuant to Planning Code Sections 712.11 and 121.1 and to develop a non-residential use in excess of 5,999 square feet in an NC-3 District pursuant to Planning Code Sections 712.21 and 121.2. Conditional Use authorization is also required pursuant to Planning Code Section 304 for a Planned Unit Development (PUD) for exceptions to modify the location of the required rear yard, to modify dwelling unit exposure for approximately 8 dwelling units, and to modify compliance with the dimension provisions of Section 135(g)(2) for common open space. The property is located within a P (Public) District and 40-X and 80-B Height and Bulk Districts.

Preliminary Recommendation: Approve a draft Resolution of Intention to initiate amendments to the General Plan.

4:00 P.M.

(K. RICH (415) 558-6345)

13. EASTERN NEIGHBORHOODS PROGRAM - The Eastern Neighborhoods Program encompasses the Mission, Central Waterfront, East SoMa and Showplace Square/Potrero Hill. Planning staff, together with City Agency partners, will hold an informal discussion session with the Planning Commission to discuss and answer questions on the Final Public Review Draft Area Plans, due to be released on December 1st. (This session is expected to last several hours and will include opportunities for public comment. A general agenda for the session will be available at easternneighborhoods.sfplanning.org several days before the hearing.)

Preliminary Recommendation: No action requested (informational item)

D. COMMISSIONERS' QUESTIONS AND MATTERS

14. 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.

E. DIRECTOR'S REPORT

15. Director's Announcements

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

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

CANDLESTICK/49ers PROJECT - Informational presentation on the integrated development of Candlestick Point and Parcels A-3 and B-E of the Hunters Point Shipyard.

G. 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

18a. 2006.1248KXCV (D. DIBARTOLO: (415) 558 -6291)

55 NINTH STREET - east side between Market and Mission Streets; Lot 063 in Assessor's Block 3701 - Request for a Section 309 Determination of Compliance and Request for Exceptions. The proposed project is to construct a 17 story, approximately 205 foot tall (including mechanical penthouses) new mixed-use building at the existing vacant lot, containing approximately 260 dwelling units, approximately 3,000 square feet of ground level commercial space, and a garage with a capacity of up to 113 parking spaces (98 residential spaces and 15 commercial spaces). The project requires separation of towers, rear yard, comfort-level wind, parking, and bulk exceptions pursuant to Section 309(a). The project site is located within a C-3-G (Downtown General Commercial ) District and a 200-S Height and Bulk District.

Preliminary recommendation: Approval with Conditions

(Continued from Regular Meeting of November 8, 2007)

NOTE: On November 8, 2007, following public testimony, the Commission entertained a motion to approve with amended conditions. Motion failed by a vote of +2 -4. Commissioners S. Lee, Moore, Sugaya and Olague voted no. Commissioner Alexander was absent. The matter was continued to December 13, 2007 for final action by a vote +5 -1 Commissioner Sugaya voted no. Commissioner Alexander was absent.

18b. 2006.1248KXCV (D. DIBARTOLO: (415) 558 -6291)

55 NINTH STREET - east side between Market and Mission Streets; Lot 063 in Assessor's Block 3701 - Request for Conditional Use Authorization to allow additional square footage above the base FAR of 6.0 to 1 for dwelling units that will be affordable for a minimum of 20 years to households whose incomes are within 150 percent of the median income, for the project described in item above.

Preliminary recommendation: Approval with conditions

(Continued from Regular Meeting of November 8, 2007)

NOTE: On November 8, 2007, following public testimony, the Commission entertained a motion to approve with amended conditions. Motion failed by a vote of +2 -4. Commissioners S. Lee, Moore, Sugaya and Olague voted no. Commissioner Alexander was absent. The matter was continued to December 13, 2007 for final action by a vote +5 -1 Commissioner Sugaya voted no. Commissioner Alexander was absent.

18c. 2006.1248KXCV (D. DIBARTOLO: (415) 558 -6291)

55 NINTH STREET - east side between Market and Mission Streets; Lot 063 in Assessor's Block 3701 – in connection with the mixed-used project described in item above. The request for variances will be considered by the Zoning Administrator.

(Continued from Regular Meeting of November 8, 2007)

NOTE: On November 8, 2007, following public testimony the Zoning Administrator continued this item to December 13, 2007.

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: