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February 14, 2008

February 14, 2008

SAN FRANCISCO
PLANNING COMMISSION
Notice of Meeting
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, February 14, 2008
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 Calendars are available on the Internet at http://www.sfgov.org/planning
or as a recorded message at (415) 558-6422.

View the meeting online at: http://www.sfgov.org/site/sfgtv_index.asp
Or
View the broadcast live, Thursdays on Cable Channel 78.
And
The re-broadcast on Fridays at 8:00 p.m., Cable Channel 26

THE AGENDA PACKET IS AVAILABLE FOR REVIEW AT THE PLANNING DEPARTMENT
1650 MISSION STREET, 4TH FLOOR RECEPTION


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 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


A. 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, 2007.1362X (D. DIBARTOLO: (415) 558-6291)
1145 MARKET STREET - south side between Seventh and Eighth Streets, Lot 044 in Assessor's Block 3702 - Section 309 Determination of Compliance to replace the existing copper cupola roof feature with a glass roof that would increase the height of this element by three feet at the top of this thirteen story office building. The project site is within a C-3-G (Downtown General Commercial) Zoning District and a 120-X Height and Bulk district.
Preliminary Recommendation: Approval with Conditions.
(Proposed for Continuance to February 21, 2008)

2. 2007.0305C (A. HOLLISTER: (415) 575-9078)
1042-1046 POST STREET - north side between Polk and Larkin Streets, Lot 008 in Assessor's Block 0692 - Request for Conditional Use Authorization to establish a large institution (Community Youth Center) over 2000 square feet which will occupy the entire subject building. No physical expansion of the existing building is proposed. This site is within the Polk Street Neighborhood Commercial District, and a 130-E Height and Bulk District.
Preliminary Recommendation: Approval with Conditions.
(Proposed for Continuance to February 21, 2008)

3. 2007.0781D (E. OROPEZA: (415) 558-6381)
14 VALENCIA STREET - west side between McCoppin and Market Street, in Assessor's Block 3503, Lot 003 - Mandatory Discretionary Review of Building Permit Application No. 2007.0615.4005 for the property at 14 Valencia Street (aka 1745-1755 Market Street), to maintain the operation of an existing Medical Cannabis Dispensary, d.b.a. "Ketama Cooperative." The subject building is a four-story mixed-use building with 51-dwelling units, all within the C-M (Heavy Commercial) District, the Market Street Special Sign District and a 105-E Height/Bulk District.
Preliminary Recommendation: Approval with Conditions
(Proposed for Continuance to February 21, 2008)

4. 2007.1211D (C. TEAGUE: (415) 575-9081)
1140 POTRERO AVENUE - west side between 23rd Street and 24th Street; Lot 009 in Assessor's Block 4211 - Request for Discretionary Review of Building Permit Application number 2007.05.21.1784, proposing to add a third story with a flat roof, a 3-story horizontal expansion in the rear, and two additional dwelling units to an existing 2-story single-family home in a RH-3 (Residential, House, Three-Family) Zoning District and 65-A Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and Approve the Plans as submitted.
(Continued from Regular Meeting of February 7, 2008)
Preliminary Recommendation: Do not take Discretionary Review and approve as submitted
(Proposed for Continuance to February 21, 2008)

5. 2001.1398 (D. ALUMBAUGH: (415) 558-6601)
TREASURE ISLAND. INFORMATIONAL PRESENTATION ON THE TREASURE ISLAND DEVELOPMENT PLAN - Staff of the Mayor's Office and representatives from Treasure Island Community Development, LLC will give an informational presentation on the status and content of the development plan for Treasure Island.
Preliminary Recommendation: Informational only, no action requested.
(Continued from Regular Meeting of January 24, 2008)
(Proposed for Continuance to March 27, 2008)

6. 2005.1066E (D. LEWIS: (415) 575-9095)
2800 SLOAT BOULEVARD - north side of Sloat, between 46th and 47th 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
(Continued from Regular Meeting of December 13, 2007)
(Proposed for Continuance to April 10, 2008)

B. COMMISSIONERS' QUESTIONS AND MATTERS

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

* (S. SANCHEZ: (415) 558-6326)
STATUS REPORT ON ENFORCEMENT ACTION FOR THE ACADEMY OF ART UNIVERSITY - Informational Only
* This item appears as an addendum item to the originally posted calendar.

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.

10a. 2007.1386D (T. WANG: (415) 558-6335)
107 LOBOS STREET - south side between Capitol and Plymouth Avenues; Lot 049 in Assessor's Block 7104 - Mandatory Discretionary Review, under Planning Commission's policy requiring review of residential demolition, of Demolition Permit Application No.2006.11.01.6572, proposing to demolish a one-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: Do not take Discretionary Review and approve the demolition permit.

10b. 2007.1391D (T. WANG: (415) 558-6335)
107 LOBOS STREET - south side between Capitol and Plymouth Avenues; Lot 049 in Assessor's Block 7104 - Mandatory Discretionary Review, under Planning Commission's policy requiring review of the replacement building in association with residential demolition, of Building Permit Application No.2006.11.01.6566, to construct a one-story over garage and basement, 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 the new building permit.

11. 2007.1371C (S. YOUNG: (415) 558-6346)
844 CLEMENT STREET - north side between 9th and 10th Avenues; Lot 020 in Assessor's Block 1424 - Request for Conditional Use Authorization under Sections 186.1(c)(3) and 303 of the Planning Code to legalize the conversion of a full-service restaurant (dba House of Clay Pot) to a small self-service restaurant (dba "Napoleon Bakery & Restaurant", primarily selling Asian inspired cakes and pastries) within the Inner Clement Neighborhood Commercial Zoning District and a 40-X Height and Bulk District. The small self-service restaurant, with approximately 900 square feet of floor area, consists of a preparation/serving area, kitchen, restroom, and dining area with seating for six persons. The proposal will not involve tenant improvements to the existing commercial space or an expansion to the existing building envelope.
Preliminary Recommendation: Approval with Conditions

F. REGULAR CALENDAR

12. (A. JOHN-BAPTISTE: (415) 558-6547)
FY2008-09 BUDGET PROPOSAL: REVIEW OF DETAILED BUDGET, WORK PROGRAM AND PERFORMANCE MEASURES - informational only

13. 2007.1095C (S. YOUNG: (415) 558-6346)
2040 FILLMORE STREET - east side between California and Pine Streets; Lot 022 in Assessor's Block 0653 - Request for Conditional Use Authorization under Sections 703.4, 303(c), and 303(i) of the Planning Code to establish a Formula Retail Use in the Upper Fillmore Street Neighborhood Commercial Zoning District and a 40-X Height and Bulk District. The proposal is to convert a vacant retail sales establishment (previously occupied by "Smith & Hawken") to another retail sales establishment (dba "Ralph Lauren", an apparel and accessories store). The proposed retail store is considered a Formula Retail Use under Section 703.3 of the Planning Code. The proposal will involve tenant improvements to the existing commercial space with new partitions and merchandise display areas and exterior modifications to the storefront with new windows and doors. There will be no expansion of the existing building envelope.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of January 31, 2008)

14. 2007.0827C (A. BEN-PAZI: (415) 575-9077)
1760 POLK STREET - east side between Clay and Washington Streets, Lot 020 in Assessor's Block 0620 - Request for Conditional Use Authorization to add a full bar use to an existing full-service restaurant (d.b.a. "La Parrilla Grill".) No physical expansion of the existing building is proposed nor any interior modifications. The bar use will require a type 47 ABC license which allows sale of beer, wine and distilled spirits for consumption on the premises, in conjunction with a bona fide eating establishment. This site is within the Polk Street Neighborhood Commercial District, and a 65-A Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of January 24, 2008)

15. 2007.0718C (A. HOLLISTER: (415) 575-9078)
507 COLUMBUS AVENUE - west side between Union and Green Streets, Lot 005 in Assessor's Block 0117 - Request for Conditional Use Authorization to establish a retail wine store and a bar (dba "Vino Divino") of approximately 807 square feet within the vacant, existing ground-floor commercial space. No physical expansion of the existing building is proposed. The bar portion of the proposal is intended to be a "wine bar" which will sell beer and wine for consumption on-site with the retail wine store portion of the business selling beer and wine for consumption off-site. This site is within the North Beach Neighborhood Commercial District, and a 40-X Height and Bulk District.
Preliminary Recommendation: Disapproval
(Continued from Regular Meeting of January 31, 2008)

16a. 2004.0914CV (E. OROPEZA: (415) 558-6381)
793 SOUTH VAN NESS AVENUE - the northeast corner of South Van Ness Avenue and 19th Street; Lot 024 in Assessor's Block 3591 - Request for Conditional Use Authorization pursuant to Planning Code Sections 121.1, 710.11 and 303 to allow construction on a site that exceeds 4,999 square feet in size, and under Planning Code Sections 228.3 and 303 to allow the conversion of a gasoline service station to another use, within the NC-1 (Neighborhood, Commercial Cluster) District, a 50-X Height and Bulk District and the proposed Eastern Neighborhoods Plan Area. The project also includes a request to allow a modification of the rear yard requirement in Neighborhood Commercial Districts, pursuant to Planning Code Section 134(e). A reduction in the parking requirement may also be considered pursuant to Planning Code Section 161(J). The proposal is to demolish the vacant gas filling station and construct a 50-foot, five-story mixed-use building dwelling units.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of February 7, 2008)

16b. 2004.0914CV (E. OROPEZA: (415) 558-6381)
793 SOUTH VAN NESS AVENUE - the northeast corner of South Van Ness Avenue and 19th Street, Lot 024 in Assessor's Block 3591 - Request for a rear yard modification pursuant to Planning Code Section134(e) to allow a modification of the rear yard requirement in Neighborhood Commercial Districts. In this case the 25 percent rear yard would be from the second story and above.
(Continued from Regular Meeting of February 7, 2008)

17a. 2007.1143CV (E. OROPEZA: (415) 558-6381)
658-666 SHOTWELL STREET - west side between 20th and 21st Streets, Lot 062 in Assessor's Block 3611 - Request for Conditional Use Authorization pursuant to Planning Code Section 209.3(c), to add eight (8) new beds to the existing residential care facility for a total of 29 beds on-site, within the RH-3 (House, Three-Family) District and a 40-X Height and Bulk designation.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of January 17, 2008)

17b. 2007.1143CV (E. OROPEZA: (415) 558-6381)
658-666 SHOTWELL STREET - west side between 20th and 21st Streets, Lot 062 in Assessor's Block 3611 - Request for a Parking Variance pursuant to Planning Code Section 151, the project proposes the addition of eight (8) new beds to the existing residential care facility and requires one new off-street parking space, none are proposed, all within the RH-3 (House, Three-Family) District and a 40-X Height and Bulk designation.

18. 2007.1367C (E. OROPEZA: (415) 558-6381)
450 RHODE ISLAND STREET (AKA 1901 17TH STREET) - southwest corner of Rhode Island and 17th Streets, Lot 001 in Assessor's Block 3978 - Request for Conditional Use Authorization per Planning Code Sections 303, 712.40, and 790.60, to establish a Massage Establishment within the existing supermarket DBA, "Whole Foods," within the NC-3 (Moderate-Scale Neighborhood Commercial) District, the 17th and Rhode Island Street Grocery Store Special Use Subdistrict, the Showplace Square Special Sign District, and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions

19. 2007.1355T (T. SULLIVAN-LENANE: (415) 558-6257)
Ordinance amending the San Francisco Planning Code by adding Section 785 to establish the Mission/Bernal Formula Retail Restricted Use Subdistrict and to amend Section 703.3 to prohibit formula retail uses in the Mission/Bernal Formula Retail Restricted Use Subdistrict [Board File No. 07-1561]. Ordinance introduced by Supervisor Ammiano amending the San Francisco Planning Code by adding Section 785 to establish the Mission/Bernal Formula Retail Restricted Use Subdistrict; amending Section 703.3 to prohibit formula retail uses in the Mission/Bernal Formula Retail Restricted Use Subdistrict; amending Sectional Maps SU 07 and SU 11 of the Zoning Map of the City and County of San Francisco to establish the boundaries of the Mission/Bernal Formula Retail Restricted Use Subdistrict; adopting finding, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.
Preliminary Recommendation: Approval with Modifications
(Continued from Regular Meeting of February 7, 2007)

20. 2007.1430D (C. JAROSLAWSKY (415) 558-6348)
101 ARBOR & 102 CONRAD STREETS - between Conrad Street and Swiss Avenue; Lot 047 and 048 (formerly lot 039) in Assessor's Block 7553 - Request for Discretionary Review of Building Permit Application #200702073648 to construct a new single-family dwelling, pending the approval of Demolition Permit #200702073649, to demolish the existing single-family residence at 101 Arbor and approval of Building Permit #200702073645 to construct a new single-family residence at 102 Conrad Street, within 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 the project.
(Continued from Regular Meeting of February 7, 2008)

21. 2007.1434D (C. TEAGUE: (415) 575-9081)
1906 20TH STREET - north side between De Haro and Carolina Streets; Lot 013 in Assessor's Block 4071 - Request for Discretionary Review of Building Permit Application No. 2007.06.19.4368, proposing to add a 3rd floor, flat roof addition on the front half of the existing single-family home in an RM-1 (Residential, Mixed Districts, Low Density) Zoning District, and a 40-X Height and Bulk District.
Preliminary Recommendation: Do Not Take Discretionary Review and Approve As Submitted

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

Last updated: 11/17/2009 10:00:00 PM