March 20, 2008

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, March 20, 2008

1:30 PM

Regular Meeting

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 att proposing to install a wireless telecommunications facility (for Sprint-PCS) ached 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:

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. 2007.1280C (A. HOLLISTER: (415) 575-9078)

1680 Market Street - north side between Gough and Franklin Streets, Lot 005 in Assessor's Block 0854 - Request for conditional use authorization to establish a Large Fast Food Restaurant (d.b.a Subway) of approximately 1200 square feet. Additionally, Conditional Use authorization will be required for a Formula Retail use at the subject site as defined by Section 703.3 of the Planning Code. This site is within a NC-3 (Moderate-Scale) Neighborhood Commercial District, and an 80-A Height and Bulk District.

Preliminary Recommendation: Disapproval

(Proposed for Continuance to April 3, 2008)

2. 2007.1256C (K. Guy: (415) 558-6163)

401-431 Columbus Avenue - west side between Stockton and Vallejo Streets, Lot 026 of Assessor's Block 0131 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 722.21 and 722.42 to expand an existing full-service restaurant (dba Panta Rei Restaurant), and to allow a use size in excess of 2,000 square feet within the North Beach NCD (Neighborhood Commercial District), and a 40-X Height and Bulk District. The proposal is to expand the existing 1,500 square-foot restaurant to occupy the adjacent existing storefront. The expanded restaurant would measure a total of 2,040 square feet.

Preliminary Recommendation: Pending

(Proposed for Continuance to April 3, 2008)

3. 2008.0287U (K. Dischinger: (415) 558-6284)

First Source Hiring Ordinance - expanding scope of covered permits in Market and Octavia Plan [Board File 080235] On February 12, 2008, Supervisor Mirkarimi introduced an Ordinance amending the San Francisco Administrative Code by amending sections 83.2, 83.4, and 83.6 to: (1) expand the scope of permits that the ordinance applies to in the Market and Octavia Area Plan; (2) place new reporting requirements on the First Source Hiring Administration that include reporting first source statistics on permittees, as defined under the ordinance, and (3) require contractors and permittees to cooperate with reasonable requests for information from the First Source Hiring Administration. The proposed Ordinance is before the Commission so that it may recommend adoption, rejection, or adoption with modifications to the Board of Supervisors.

Preliminary Recommendation: Approval

(Proposed for Continuance to April 17, 2008)

4. 2007.1233C (A. Ben-Pazi: (415) 575-9077)

805 Columbus Avenue - south-west side between Lombard and Greenwich Streets, Lot 047 in Assessor's Block 0074 - Request for Conditional Use Authorization to establish a real estate office, larger than the principally permitted maximum of 1,999 square feet, on the first floor of a mixed use building within the North Beach Neighborhood Commercial District, pursuant to Sections 722.53 and 722.21 of the Planning Code. The commercial space measures approximately 2,760 square feet and has never been occupied. No physical expansion of the existing building is proposed. This site is within the North Beach Neighborhood Commercial District, and a 40-X Height and Bulk District.

preliminary Recommendation: Pending

(Continued from Regular Meeting of February 21, 2008)

(Proposed for Continuance to April 24, 2008)

5. 2007.1072C (S. SANCHEZ; (415) 558-6326)

1727 LOMBARD STREET - south side between Laguna and Octavia Streets, Lot 036, in Assessor's Block 0506 - Request for Conditional Use Authorization under Planning Code Sections 303 and 209.2(c) to legalize the conversion of a tourist hotel ( Star Motel ) to group housing for a post-secondary educational institution ( Academy of Art University ) in an RH-2 (Residential, House Districts, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Pending

(Proposed for Continuance to April 24, 2008)

6. 2007.0703D (G. CABREROS: (415) 558-6169)

850 Francisco Street - north side between Leavenworth and Hyde Streets; Lot 005 in Assessor's Block 0045 - Request for Discretionary Review of Building Permit Application No. 2006.10.18.5416 proposing to revise an issued building permit application for new construction of a four-story, single family residence. The revision consists of construction of two additional basement levels within the footprint of the proposed new construction project. The property is located in an RH-1(D) (Residential, House, One-Family, Detached) Zoning District and a 40-X Height and Bulk District.

preliminary Recommendation: Do not take Discretionary Review and Approve project

(Continued from Regular Meeting of March 6, 2008)

(Proposed for Continuance to May 1, 2008)

7. 2007.1454C (A. PUTRA: (415) 575-9079)

2116 Irving Street (aka 2100 Irving Street) - north side between 22^nd and 23^rd Avenues; Lot 021 in Assessor's Block 1728 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 703.3 & 703.4 to legalize an existing formula retail use (d.b.a. Quickly), within the NC-2 (Small Scale, Neighborhood Commercial) District, and 65-A Height and Bulk District.

Preliminary Recommendation: Pending

(Proposed for Continuance to June 12, 2008)

8. 2007.01469D (R. CRAWFORD: (415) 558-6358)

351 Silver Avenue - north side between Mission and Cruat Streets. Assessor's Block 5893 Lot 013 - Request for Discretionary Review of Building Permit Application No. 2007.0619.4378 to expand the front building on the lot to the side and construct a two-story addition to the existing one story 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 project.

DISCRETIONARY REVIEW REQUEST WITHDRAWN

B. COMMISSIONERS' QUESTIONS AND MATTERS

9. 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

10. Director's Announcements

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

12. (S. SANCHEZ (415) 558-6326)

ACADEMYOF ART UNIVERSITY ENFORCEMENT AND INSTITUTIONAL MASTER PLAN UPDATE(IMP) - Informational presentation on the status of pending enforcement cases and preparation of IMP by the Academy of Art University. Item to be presented as new information is available.

13. (T. EGAN: (415) 554-5268)

economic development strategy - Informational presentation of the City's Economic Plan.

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.

• REGULAR CALENDAR

14. 2007.0434DDD (E. JACKSON: (415) 558-6363)

398 PENNSYLVANIA AVENUE - northwest corner of 19^th Street and Pennsylvania Avenue, Lot 009 in Assessor's Block 4039 - Request for Discretionary Review of Building Permit Application No. 2007.09.12.2410, proposing to construct a horizontal rear addition on the ground floor and a partial fourth floor to an existing three-story single-family residence in a RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve the Building Permit Application with modifications.

NOTE: On February 28, 2008, following public testimony, the Commission closed public hearing and required the Project Sponsor to submit altered/modified plans. The matter was continued to March 20, 2008. Public hearing will remain open to address the new plans.

15. 2008.0274D (E. JACKSON: (415) 6363)

736 VALENCIA STREET - west side, between 18^th and 19^th Streets, Lot 005 in Assessor's Block 3588 - Staff Initiated Discretionary Review of Building Permit Application number 2006.02.08.4114. The proposal is to construct a new mixed-use building containing 8 dwelling units with commercial space and 8 off-street parking spaces on the ground floor. The applicant requests that the Planning Commission remove the springing condition requiring community impact fees and BMR units that was previously imposed on the project. The subject property is located within the Valencia NCD (Neighborhood Commercial District) with a 50-X Height and Bulk designation.

Preliminary Recommendation: Take Discretionary Review and remove the springing condition.

16. 2008.0118D (E. WATTY: (415) 558-6629)

393-395 DOUGLASS STREET - at the northeast corner of 20^th Street; Lot 027, in Assessor's Block 2699 - Request for Discretionary Review of Building Permit Application No. 2007.08.30.1304, proposing construction of a one-story vertical addition above the existing two-story, two-family dwelling. The vertical addition will be integrated into the upper-floor unit, and the ground-floor dwelling-unit will remain unaltered. The subject property is located within the RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the Project as proposed.

17. 2007.1113ET (C. NIKITAS: (415) 558-6306)

Amendments to Planning Code Section 303/Protection of Solar EnergySystems - Ordinance introduced by Supervisor Mirkarimi 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, and requiring the Planning Department to review and manage system registrations.

Preliminary Recommendation: pending

(Continued from Regular Meeting of March 6, 2008

5:00 P.M.

18. 2007.0945DD (R. CRAWFORD: (415) 558-6358)

787 27^th Street - south side between Douglass and Diamond Streets. Assessor's Block 6588 Lot 010F - Request for Discretionary Review of Building Permit Application No. 2007.0517.1599 to construct a third-story addition to the existing two-story dwelling in an RH-1 (Residential House, One Family) District, and a 40-X Height and Bulk district.

Preliminary Recommendation: Take Discretionary Review and modify the project.

(Continued from Regular Meeting of March 6, 2008)

19. 2007.0072C (R. CRAWFORD: (415) 558-6358)

2367 Market Street - aka 3970 17^th Street - north side between Castro and Noe Streets Lot 036 of Assessor's Block 3563 - Request for Conditional Use Authorization under, Planning Code Section 186.1 to expand an existing nonconforming Neighborhood Commercial use (a bar and place of entertainment on the second floor  The Café ), Section 721.44 to develop a Small Self-Service Restaurant on the ground floor of the addition, Section 721.48 Other Entertainment, to expand nights of dancing and live entertainment (DJs) to 7 nights per week, and Section 721.53 to develop a Business Service use space on the top floor in the Upper Market Neighborhood Commercial District and a 65-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of January 24, 2008)

20a. 2005.0298KECV (S. VELLVE: (415) 558-6263)

1285 SUTTER STREET - southeast corner of Sutter Street and Van Ness Avenue; Lot 008 in Assessor's Block 0691 - Request for Conditional Use Authorization, pursuant to Sections 157, 209.8, 221.1, 253, 253.2 and 303 of the Planning Code to allow off-street parking in excess of the amount permitted as accessory parking, to permit the sale of alcoholic beverages within 1/4 mile of the Polk Street Neighborhood Commercial District, to demolish a movie theatre, and to allow the construction of a building which exceeds 40 feet in height with an exception to the bulk limits. The project proposes to construct up to 107 dwelling units with approximately 15,800 square feet of ground-floor retail/commercial space (Trader Joe's) and up to 170 below-grade off-street parking spaces. The project site is located in an RC-4 (Residential, Commercial Combined, High Density) and the Van Ness Avenue Special Use District and an 130-V Height and Bulk District.

Preliminary Recommendation: Approval with Conditions.

(Continued from Regular Meeting of March 6, 2008)

20b. 2005.0298KECV S. VELLVE: (415) 558-6263)

1285 SUTTER STREET - southeast corner of Sutter Street and Van Ness Avenue; Lot 008 in Assessor's Block 0691 - Request for Variances, pursuant to Sections 253(c)(6), 307(g), 152, and 140 of the Planning Code to modify the rear yard requirement in the Van Ness Special Use District, to provide one off-street freight loading space where two are required, and for dwelling unit exposure for four dwelling units. The project proposes to construct up to 107 dwelling units with approximately 15,800 square feet of ground-floor retail/commercial space (Trader Joe's) and up to 170 below-grade off-street parking spaces. The project site is located in an RC-4 (Residential, Commercial Combined, High Density) and the Van Ness Avenue Special Use District and an 130-V Height and Bulk District.

(Continued from Regular Meeting of March 6, 2008)

21. 2007.0789C (A. Putra: (415) 575-9079)

4002 Irving Street - north side between 41^st and 42^nd Avenues; Lot 015 in Assessor's Block 1709 - Request for Conditional Use Authorization pursuant to Planning Code Section 710.83 proposing to install a wireless telecommunications facility (for Sprint-Nextel) in the form of three antennas mounted to an existing rooftop stair penthouse, hidden inside one faux vent pipe, and with radio equipment located on the roof. The subject property is located within the NC-1 (Neighborhood Commercial Cluster) Zoning District and a 40-X Height and Bulk District.

preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of March 13, 2008)

F. 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

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

Adjournment: