May 29, 2008

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, May 29, 2008

1:30 PM

Special Meeting

President: Christina R. Olague

Vice President: Ron Miguel

Commissioners: Michael J. Antonini; William L. Lee; Kathrin Moore; Hisashi Sugaya

Commission Secretary: Linda D. Avery-Herbert

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

Vice President: Ron Miguel

Commissioners: Michael J. Antonini; 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. 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 May 1, 2008)

(Proposed for Continuance to June 26, 2008)

2. 2006.0441E (J. BATTIS: (415) 575-9022)

721 BEACH STREET- Lot 017 of Assessor's Block 0025, is located within the block bounded by Beach Street to the north, Hyde Street to the east, North Point Street to the south, and Larkin Street to the west. in the Fisherman's Wharf neighborhood - Appeal of Preliminary Mitigated Negative Declaration for demolition of the existing 558-gross square foot (gsf), one-story commercial building constructed circa 1912 and construction of a new 40-foot-high, 12,857-gsf mixed-use building consisting of four residential units within 6,299 gsf on the third, fourth, and partial-fifth floors and 6,558 gsf of retail space on the ground and second floors. The existing structure provides no off-street parking and no off-street parking is proposed. The 3,644-gsf site is within the Northeastern Waterfront Planning Area, Fisherman's Wharf Subarea, is within the Waterfront Special Use District No. 2, is within a C-2 (Community Business District) use district, and is within a 40-X height and bulk district. The project would require a variance from the off-street parking requirement.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

(Proposed for continuance to July 17, 2008)

3. 2008.0132C (A. HOLLISTER: (415) 575-9078)

542 GREEN STREET- Request for Conditional Use Authorization to operate a business under this application between the hours of 2 AM and 6 AM and to operate a walk-up facility recessed less than three feet from the front property line. Specifically, the project proposal is to extend the hours of operation of the existing restaurant (dba  Golden Boy Pizza ) to 4:00 AM and to allow the existing walk-up window to continue operating recessed less than three feet from the front property line. No construction is proposed under this application. This site is within the North Beach Neighborhood Commercial District, and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions of Walk-up Facility, Disapproval of Extended Hours of Operation Request

(proposed for Continuance to July 10, 2008)

4. 2007.1268D (C. JAROSLAWSKY (415) 558-6348)

2332 MORAGA STREET - between 29^th and 30^th Avenues; Lot 012F in Assessor's Block 1914 - Request for Discretionary Review of Building Permit Application No. 2007.06.14.3942 - proposing to construct an approximately 18-foot deep two-story horizontal addition at the rear of 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 project.

(Continued from Regular Meeting of April 24, 2008)

NOTE: On April 24, 2008. following public testimony, the Commission closed public hearing,continued the item to May 29, 2008, and required the submission of a new set of drawings by a vote of +4 -0. Commissioners Sugaya and W. Lee were absent.

DISCRETIONARY REVIEW APPLICATION WITHDRAWN

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

5. 2007.1034C (C. TEAGUE: (415) 575-9081)

2809San Bruno Avenue - east side, between Wayland and Woolsey Streets, Lot 030 in Assessor's Block 5457 - Request for Conditional Use Authorization pursuant to Planning Code Sections 161(j) and 303 for a reduction of residential off-street parking spaces in a NC-2 (Small-Scale Neighborhood Commercial District) and a 40-X Height and Bulk District. The site currently contains 2 dwelling units and 2 off-street parking spaces. The proposal is to convert the ground floor, which currently contains one dwelling unit, into commercial space and remove the 2 off-street parking spaces. Additionally, a third floor would be constructed to add a second dwelling unit. No parking spaces are proposed for the dwelling units or commercial space.

preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of May 15, 2008)

6. 2008.0308C (E. Watty: (415) 558-6620)

755 Portola Drive - at the northeast corner of Evelyn Way; Lot 010 in Assessor's Block 2901C - Request for Conditional Use Authorization, pursuant to Planning Code Sections 710.44 and 790.91, to allow a small self-service restaurant (dba Miraloma Taqueria) to be located within the existing retail grocery and liquor store (dba Miraloma Market). The business owner proposes to add a seating area to the existing accessory use food preparation area of the market, thereby constituting a small self-service- restaurant. The property is located within an NC-1 (Neighborhood Commercial, Cluster) District and 26-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of May 8, 2008)

7a. 2006.1419VX (K. GUY: (415) 558-6163)

19 Tehama Street - south side between 1st and 2nd Streets, Lot 079 of Assessor's Block 3736 - Request for a Variance to modify the requirements for publicly-accessible open space. The proposed project is to demolish an existing 1.5-story light industrial building and construct a new 7-story mixed-use building containing 6 dwelling units and approximately 930 square feet of ground-floor retail space. The project site is located within a C-3-O (SD) Zoning District, and a 200-S Height and Bulk District. The Zoning Administrator will consider the Variance request concurrently with the Planning Commission's consideration of the Section 309 Review at this same hearing.

7b. 2006.1419VX (K. GUY: (415) 558-6163)

19 Tehama Street - south side between 1^st and 2^nd Streets, Lot 079 of Assessor's Block 3736 - Request for Determination of Compliance under Planning Code Section 309 (the Downtown Plan), with an exception to the "Separation of Towers" requirement. The proposed project is to demolish an existing 1.5-story light industrial building and construct a new 7-story mixed-use building containing 6 dwelling units and approximately 930 square feet of ground-floor retail space. The project site is located within a C-3-O (SD) Zoning District, and a 200-S Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

8. 2006.0391C (K. GUY: (415) 558-6163)

1122 POST STREET- north side between Polk Street and Van Ness Avenue, Lot 002 of Assessor's Block 0691 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 723.41 to add a bar to an existing full-service restaurant (dba Maharani Restaurant) within the Polk Street NCD (Neighborhood Commercial District), and a 130-E Height and Bulk District. If granted, the Conditional Use Authorization would allow the applicant to seek a Type 75 License from the California Department of Alcoholic Beverage Control. This license would permit the sale of beer, wine, and distilled spirits for on-site consumption in association with the restaurant, plus the operation of a microbrewery. The size of the restaurant would not change.

Preliminary Recommendation: Approval with Conditions

B. COMMISSIONERS' QUESTIONS AND MATTERS

Adoption of Commission Minutes– Charter Section 4.104 requires all commissioners to vote yes or no on all matters unless that commissioner is excused by a vote of the Commission. Commissioners may not be automatically excluded from a vote on the minutes because they did not attend the meeting.

9. Consideration of Adoption:

· Draft Minutes of Special Meeting of May 1, 2008

· Draft Minutes of Regular Meeting of May 1, 2008

· Draft Minutes of Regular Meeting of May 8, 2008

· Draft Minutes of Special Meeting of May 15, 2008

10. ESTABLISH A SUBCOMMITTEE OF THE PLANNING COMMISSION– Under the Commission's Rules and Regulations, the President will consider whether or not to form a subcommittee of the Commission to hear staff reports and to take comment on the proposed Eastern Neighborhoods Area Plan. The President may consider limiting the purpose and duration of such a subcommittee.

11. 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

12. Director's Announcements

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

14. (D. ALUMBAUGH: (415) 558-6601)

Transit Center District Plan - Staff will give an Informational Presentation on its initial concepts for the Transit Center District Plan.

Preliminary Recommendation: Informational only, no action requested.

15. (B. Bendix: (415) 575-9089)

1250 Missouri Street - Informational presentation on the status of the project.

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. 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.

F. CONSIDERATION OF FINDINGS AND FINAL ACTION – PUBLIC HEARING CLOSED

16. 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 May 1, 2007)

Note: On April 24, 2008, following public testimony, the Commission continued the matter to May 1, 2008 to allow absent commissioners the opportunity to participate by a vote of +3 -1. Commissioner Moore voted no. Commissioners Sugaya and W. Lee were absent.

Note: On May 1, 2008, without further hearing, the item was continued to May 29, 2008.

17. 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.

(Continued from Regular Meeting of May 1, 2008)

NOTE: On May 1, 2008, following public testimony the Commission closed public and continued the item to May 29, 2008 for the new construction also encouraging further discussion and intent for the project of the neighbor by a vote +5 -0. Commissioners Sugaya was absent.

F. REGULAR CALENDAR

18. 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 May 1, 2008)

19a. 2006.0828CV (K. Guy: (415) 558-6163)

1729-1733 Stockton Street - west side between Filbert and Greenwich Streets, Lot 007 of Assessor's Block 0089 - Request for Conditional Use Authorization, pursuant to Section 161(j) of the Planning Code to modify the requirements for off-street parking on a property within an NC District. The project proposes to construct a one-story, vertical addition measuring approximately 500 square feet to the existing one-story detached cottage which is located within the rear yard of the subject property. The expanded cottage would measure approximately 25 feet by 22 feet horizontally, and would reach a height of approximately 25 feet. The project would require two new off-street parking spaces to serve the proposed dwellings units, however, the project does not propose any new off-street parking spaces. The project site is located in the North Beach Neighborhood Commercial District (NCD) and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of May 8, 2008)

19b. 2006.0828CV (K. Guy: (415) 558-6163)

1729-1733 Stockton Street- west side between Filbert and Greenwich Streets, Lot 007 of Assessor's Block 0089 - Request for Variances, pursuant to Sections 134(a)(1), 135, 140, and 188 of the Planning Code to modify the requirements for rear yard, usable open space, and dwelling unit exposure, and to allow the expansion of a non-complying structure. The project proposes to construct a one-story, vertical addition measuring approximately 500 square feet to the existing one-story detached cottage which is located within the rear yard of the subject property. The expanded cottage would measure approximately 25 feet by 22 feet horizontally, and would reach a height of approximately 25 feet. The project would add two dwelling units, for a total of six dwelling units on the property. The project site is located in the North Beach Neighborhood Commercial District (NCD) and a 40-X Height and Bulk District. The Zoning Administrator will consider this item concurrently with the Planning Commission.

(Continued from Regular Meeting of May 8, 2008)

20. 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 (dba 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

(Continued from Regular Meeting of May 8, 2008)

21. 2007.1326C (T. TAM: (415) 558-6325)

2333 BUCHANAN STREET - (a.k.a. 2140 Webster St. and 2340 Clay St.), north side between Buchanan and Webster Streets, Assessor's Block 0613, Lot 029, Block 0628 Lot 013, and Block 0628 Lot 014 - Request for Conditional Use Authorization under Planning Code Sections 303 and 303.4(d)(5) for the California Pacific Medical Center (CPMC) Pacific Campus to modify conditions of a previous PUD authorization for way finding signs that exceed the number and size of signs principally permitted by Section 606(b)(1) in an RM-2 (Residential, Mixed, Moderate Density) District and a 160-F Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of May 22, 2008)

22. 2008.0291T (T. Sullivan-Lenane: (415) 558-6257)

Amendments to the Planning Code Section 315.5: Off-Site Affordable Housing Requirements - Ordinance introduced by Supervisor Sandoval amending the San Francisco Planning Code Section 315.5 to provide that twenty-five percent of off-site units given site permits annually may be built outside of the currently-required one-mile radius from the market-rate project, and to provide that off-site units cannot be located in industrially-zoned areas or within a quarter mile of developments containing 200 or more publicly-owned and operated affordable housing developments.

Preliminary Recommendation: Disapproval

(Continued from Regular Meeting of May 15, 2008)

23. 2008.0245D (C. LAMORENA: (415) 575-9085)

119 23^rd Avenue - west side between Lake Street and California Street; Lot 002 in Assessor's Block 1383 - Request for Discretionary Review of Building Permit Application No. 2007.11.19.8573, proposing to add a two-story horizontal addition at the rear of the two-story over garage, single-family dwelling in an 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.

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: