May 1, 2008

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, May 1, 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 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:

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. 2008.0095T (T. Sullivan-Lenane: (415) 558-6257)

Amendments to the Planning Code by adding Section 226.5: Alcohol Reduction and Safer Neighborhoods Act - Permitted Locations on New Liquor Stores and their Conditions of Operation. Ordinance introduced by Supervisor Sandoval amending the San Francisco Planning Code by adding Section 226.5 to impose a distance requirement of 500 feet or more between new off-sale liquor stores and existing liquor stores, elementary and secondary schools, public libraries, and recreation centers throughout San Francisco and establishing conditions for operation of liquor stores.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of April 24, 2008)

(Proposed for Continuance to May 22, 2008)

2. 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 20, 2008)

(Proposed for Continuance to May 22, 2008)

3. 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 - 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, 722.41, and 722.42 to expand an existing full-service restaurant and bar (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 and bar to occupy the adjacent existing storefront. The expanded restaurant and bar would measure a total of 2,040 square feet.

Preliminary Recommendation: Disapproval

(Continued from Regular Meeting of April 3, 2008)

(Proposed for Continuance to May 22, 2008)

4. 2005.0927E (T. BLOMGREN: (415) 575-9023)

36-38 Downey Street/755 Ashbury - Lots 007, 011, and 065 of Assessor's Block 1254, mid-block on Ashbury and Downey Street between Frederick and Waller Streets Appeal of Preliminary Negative Declaration. The proposed project includes a lot line adjustment between Lot 007 and Lot 065, and the relocation of the existing two-unit residential building at 36-38 Downey Street to Lot 007 (next to 737 Ashbury Street), and four off-street parking spaces from Lot 007 (next to 36-38 Downey Street). The project site is zoned RH-2 (Residential House, Two-Family), and RH-3 (Residential House, Three-Family) and is in a 40-X Height and Bulk District in the Haight-Ashbury Neighborhood. The proposed project would require approval of a lot line adjustment and the modification of an existing Planned Unit Development.

Preliminary Recommendation: Uphold Preliminary Negative Declaration

(proposed for Continuance to June 26, 2008)

B. COMMISSIONERS' QUESTIONS AND MATTERS

5. (L. Avery: (415) 558-6407)

APPENDIX A of COMMISSION'S RULES & REGULATIONS - On April 17, 2008, the Commission amended their Rules & Regulations - separating out requirements for submittals and hearing procedures. Those two topics are to be captured in an appendix to their rules and that discussion was continued to May 1, 2008. The Commission will discuss and consider possible action to adopt , amend, or not adopt proposed Appendix A of Planning Commission Rules and Regulations.

(Continued from Regular Meeting of April 17, 2008)

6. 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

7. Director's Announcements

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

(C. NIKITAS: (415) 558-6306)

9. UPDATE ON THE STATUS OF AND CHANGES TO THE PLANNING COMMISSION'S LEGISLATION TO CONTROL THE LOSS OF DWELLING UNITS - Informational presentation

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.

1. REGULAR CALENDAR

10. 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, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Hold public hearing to allow public comment and continue item to allow for additional neighborhood outreach and completion of environmental review.

(Continued from Regular Meeting of April 24, 2007)

NOTE: On April 24, 2008, following public testimony, the Commission closed public hearing and continued the item to May 1, 2008.

11. 2007.1064C (M. Woods: (415) 558-6315)

1860 LOMBARD STREET - north side between Buchanan and Laguna Streets; Lot 023 (formerly Lot 011), in Assessor's Block 0494 - Request for Conditional Use Authorization to allow a  formula retail use that is also a  large fast food restaurant (dba Subway) pursuant to Sections 303(c), 303(i), 703.4 and 712.43 of the Planning Code, in an NC-3 (Moderate-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of April 24, 2007)

NOTE: On April 24, 2008, following public testimony, the Commission closed public hearing and continued the item to May 1, 2008.

12. 2007.1359CE (E. Oropeza: (415) 558-6381)

1501 15^th STREET (AKA 400 SOUTH VAN NESS AVENUE) - the southwest corner of South Van Ness Avenue and 15^th Street; Lot 054 in Assessor's Block 3553 - Request for Conditional Use Authorization pursuant to Planning Code Sections 223(j) and 303 to allow the construction of a automobile wash, the proposed project is for the construction of a 32-foot tall, two-story commercial building, and under Planning Code Sections 228.3 and 303 to allow the conversion of a gasoline service station to another use, within the C-M (Heavy Commercial) District, a 50-X Height and Bulk District and the proposed Eastern Neighborhoods Plan Area.

Preliminary recommendation: Disapproval

(Continued from Regular Meeting from April 10, 2008)

NOTE: On April 10, 2008, following public testimony, the Commission continued the matter to May 1, 2008. Public hearing remains open.

13. 2008.0022L (S. PERDUE: (415) 558-6625)

1969 California Street -Tobin House - south side of California Street between Gough and Octavia Streets, on Assessor's Block 0649, Lot 016. The subject property is a Tudor -style, single-family residence, designed by Willis Jefferson Polk and constructed in 1915. The property is zoned RH-2 (Residential, House, Two-Family) and is in a 40-X Height and Bulk District. Consideration to approve, disapprove, or approve with modifications the landmark designation of the 1969 California Street - Tobin House under Article 10 of the Planning Code.

Preliminary Recommendation: Approval of the Landmark Designation, and a recommendation of approval to the Board of Supervisors.

4:00 P.M.

14a. 2007.0179D (G. CABREROS: (415) 558-6169)

536 - 40^TH AVENUE - east side between Geary Boulevard and Anza Street; Lot 027 in Assessor's Block 7536 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2006.08.17.9798, proposing to demolish a two-story single-family dwelling in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and Approve.

14b. 2008.0271DD (G. CABREROS: (415) 558-6169)

536 - 40^TH AVENUE - east side between Geary Boulevard and Anza Street; Lot 027 in Assessor's Block 7536 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new residential building in association with residential demolition, of Building Permit Application No. 2006.08.17.9803, proposing to construct a new two-unit, four-story building in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. A separate, private request for Discretionary Review has also been filed on the new construction project.

Preliminary Recommendation: Do not take Discretionary Review and Approve.

15a. 2006.1519DV (r. crawford: (415) 558-6358)

1413 noe Street - east side between Duncan and 27^th Streets Lot 022A of Assessor's Block 6591 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application 2007.08.312.1530 proposing the demolition of a one and one-half story single-family dwelling in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and Approve the Demolition.

15b. 2008.0439DD (r. crawford: (415) 558-6358)

1413 Noe Street - east side between Duncan and 27^th Streets Lot 022A of Assessor's Block 6591 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new residential building in association with residential demolition, of Building Permit Application 2007.08.31.1531 proposing to construct a new three-story, single-family dwelling in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. A separate, private request for Discretionary Review has also been filed on the new construction project.

Preliminary Recommendation: Take Discretionary Review and Approve the Project with Modifications

15c. 2006.1519DV (r. crawford: (415) 558-6358)

1413 Noe Street - east side between Duncan and 27^th Streets Lot 022A of Assessor's Block 6591 - Request for a Variance from the rear yard requirements of Planning Code Section 134 to maintain a rear yard of 9 feet where 16 feet is required in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. The proposal is to demolish the existing one and one-half story dwelling and construct a new 3-story, single-family dwelling.

16. 2008.0215d (a. starr: (415) 558-6362)

2157 green street (aka 2151 Green Street) - south side between Fillmore Street and Webster St.; Lot 019 in Assessor's Block 0557- Request for Discretionary Review of Building Permit Application No. 2007.02.13.4062 proposing to construct a single-family house with six levels stepping up the vacant, up-sloping lot, with a maximum height above grade of 40 feet in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation- Do not take Discretionary Review and Approve Project

H. 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: