July 17, 2008

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, July 17, 2008

1:30 PM

Regular Meeting

President: Christina R. Olague

Vice-President: Ron Miguel

Commissioners: Michael J. Antonini; Gwyneth Borden; 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

Vice-President: Ron Miguel

Commissioners: Michael J. Antonini; Gwyneth Borden; 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. (A. KIEFER: (415) 575-9065)

UPPER MARKET COMMUNITY DESIGN PLAN- The San Francisco Planning Department has published a document entitled  Upper Market Community Design Plan. The plan area generally includes properties fronting Market Street between Octavia Boulevard on the east and Collingwood Street on the west.

Prior to initiating community workshops, the Department and its consultant team explored existing conditions in the neighborhood. The Department conducted outreach meetings with representatives of the Castro and nearby neighborhood organizations. The Department held three community workshops. The themes of the workshops focused on: 1.) Community Vision (September 2007); 2.) Community Design Framework (October 2007); and 3.) Design Strategies (December 2007). The outcome of the workshops is a Design Plan that contains a program for public realm improvements and design guidelines for private development that incorporate the identity, character, economic and social composition of the Upper Market area and its surrounding neighborhoods.

The Plan responds to physical, social, and economic conditions in the Project area, and establishes a plan for public and private improvements in the Project Area. The Plan identifies existing physical, infrastructure and economic conditions in the Upper Market neighborhood, considers historical context and identifies key neighborhood assets, challenges and opportunities to revitalize the neighborhood. It includes an Urban Design Framework section that: describes planning strategies that may be used to guide Urban Design improvements along the upper Market Street corridor. The Plan also proposes improvements to the public realm, including public spaces, sidewalks, and plazas.

The Plan incorporates Design Guidelines that may be used to guide design character for new buildings, and provides an overview of the steps that may be taken to achieve neighborhood improvements. The Upper Market Community Design Plan:

1. Identifies the community's five highest priority public infrastructure improvement projects,
2. Actions that neighborhood residents, business owners and community organizations may take to support improvements, and
3. Outlines design guidelines that may be used by both developers and city planners
4. The Plan also identifies potential funding sources for street and sidewalk improvements. "

Preliminary Recommendation: Endorsement

(Continued from Regular Meeting of July 10, 2008)

(Proposed for Continuance to August 7, 2008)

2. 2006.0070T (C. NIKITAS: (415) 558-6306)

Legislationto Control theLOSS OF DWELLING UNITS- Code Implementation Document - Proposed procedures and criteria to implement newly-adopted Code Section 317 requiring Planning Commission hearings for the removal of certain dwelling and live-work units. The document also sets numerical criteria, some of which are subject to administrative adjustment in response to changing economic conditions.

Preliminary Recommendation: Adoption

(Continued from Regular Meeting of July 10, 2008)

(Proposed for Continuance to August 7, 2008)

3. 2007.1112T (A. Rodgers: (415) 558-6395)

Amendments repealing Planning Code Section 825.1 and amending Planning Code Sections 135, 309.1, 318.3, 809, 825, and 827. Proposed Ordinance [Board File Number 071292] -introduced by Supervisor Daly to apply many of the pedestrian-friendly provisions of the Rincon Hill Downtown Mixed Use Zoning District to all Downtown Residential Districts. Specifically, the proposed Ordinance would add design requirements to enhance the pedestrian environment including but not limited to controls for ground floor uses, transparency, wind protection, lighting, and sidewalk treatments, and making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of April 17, 2008)

(Proposed for Continuance to August 7, 2008)

4. 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

(Continued from Regular Meeting of May 29, 2008)

(Proposed for Continuance to September 4, 2008)

5. 2006.0441V (G. CABREROS: (415) 558-6169)

721 BEACH STREET - north side between Hyde and Larkin Streets, Lot 017 in Assessor's Block 0025 - Request for a Parking Variance from the residential parking provisions pursuant to Planning Code Section 151 to allow the new construction of a mixed-use building containing four dwelling units above ground floor retail space without the four required residential parking spaces in a C-2 (Community Business) District, Waterfront Special Use District No. 2 and a 40-X Height and Bulk District

(Proposed for Continuance to September 4, 2008)

6a. 2005.0911CV (G. CABREROS: (415) 558-6169)

616 DIVISADERO STREET - east side between Hayes and Grove Streets, Lot 002J in Assessor's Block 1202 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 711.11 and 711.21 to allow development of a lot greater than 9,999 square feet and to allow non-residential uses greater than 3,999 square feet for the alteration and re-use of an existing building (the vacant Harding Theater) into four commercial spaces and for the new construction of a five-story, eight-unit building fronting Hayes Street within the NC-2 (Small-Scale Neighborhood Commercial) District, the Divisadero Street Alcohol Restricted Use District and a 65-A Height and Bulk District.

Preliminary Recommendation: Pending

(Proposed for Continuance to September 25, 2008)

6b. 2005.0911CV (G. CABREROS: (415) 558-6169)

616 DIVISADERO STREET - east side between Hayes and Grove Streets, Lot 002J in Assessor's Block 1202 - Request for Rear Yard and Dwelling Unit Exposure Variances from Planning Code Sections 134 and 140 to allow the new construction of a five-story, eight-unit residential building fronting Hayes Street (1278 Hayes Street) proposing a 15-foot rear yard where a 25-percent rear yard measuring 29 feet is required. Four units would face onto the proposed reduced rear yard and therefore do not meet the dwelling unit exposure requirement. The proposed residential building is within the NC-2 (Small-Scale Neighborhood Commercial) District, the Divisadero Street Alcohol Restricted Use District and a 65-A Height and Bulk District.

(Proposed for Continuance to September 25, 2008)

7. 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

(Continued from Regular Meeting of June 26, 2008)

(Proposed for Indefinite Continuance)

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.

8. Consideration of Adoption:

• Draft Minutes of Regular Meeting of May 15, 2008
• Draft Minutes of Special Meeting of May 29, 2008

• Draft Minutes of Regular Meeting of June 5, 2008
• Draft Minutes of Special Meeting of June 5, 2008

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. (C. JAROSLAWSKY: (415) 558-6348)

412 NOE STREET - Ministerial review of the demolition permit application number 2008.06.05.5372 and new construction permit application number 2008.06.05.3754, to construct a new, three-family structure on the above-mentioned site.

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

13. 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.

(Continued from Regular Meeting of July 10, 2008)

14. 2007.1067C: (A. Hollister: (415) 575-9078)

1164 Powell Street - southeast corner of Powell and Jackson Streets, Lot 043 in Assessor's Block 0192 - Request for Conditional Use Authorization to legalize an existing Small Fast Food Restaurant (d.b.a. Quickly) of approximately 450 square feet within the existing ground floor retail space. No physical expansion of the building is proposed. This site is within the CRNC (Chinatown Residential Neighborhood Commercial) Mixed-Use District, and a 65-N Height and Bulk District.

Preliminary Recommendation: Approval

(Continued from Regular Meeting of June 26, 2008)

15. 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 July 10, 2008)

16. 2007.1019C (R. CRAWFORD: 558-6358)

2400 Noriega Street - north side, northwest corner of Noriega and 31^st Avenue Lot 003 of Assessor's Block 2018 - Request for Conditional Use Authorization under Planning Code Section 711.81 to develop a Large Institutional Use (Lutheran Church of the Holy Spirit) above the ground floor and Section 711.21 Use Size greater than 3,999 square feet in an NC-2, Small Scale Neighborhood Commercial District and a 40-X Height and Bulk District. The proposal is to demolish the existing one-story church building (in a converted bank building) and construct a new 3 story building 16,866 square feet in area for the church with 11 off street parking spaces.

Preliminary Recommendation: Approval with Conditions.

(Continued from Regular Meeting of May 15, 2008)

4:00 P.M.

17. (a. john-baptiste: (415) 558-6547)

Update on the Planning Department Process Improvements Effort (Action Plan 2008 - 2010) - Informational presentation outlining staff's recommended Departmental Action Plan for 2008 - 2010, based on the management studies provided by Matrix Consulting, SPUR/AIA, and the Department of Building Inspection's Business Process Re-engineering effort.

18. 2008.0535T (T. Sullivan-Lenane: (415) 558-6257)

Amendments to the Planning Code: Tobacco Paraphernalia Establishments - Ordinance introduced by Supervisor Sandoval amending the San Francisco Planning Code to add a new Section 277(v), to define Tobacco Paraphernalia Establishments, and to impose a conditional use requirement on the establishment of such enterprises in all Commercial and Industrial districts; amending Section 303 (Conditional Use) of the Planning Code to refer to this requirement, and to require consideration of additional criteria when analyzing a conditional use application; adding a new Section 790.123, to define Tobacco Paraphernalia in the Neighborhood Commercial Districts; amending sections 710.1, 711.1, 712.1, 713.1, 714.1, 715.1, 716.1, 717.1, 718.1, 719.1, 720.1, 721.1, 722.1, 723.1, 724.1, 725.1, 726.1, 727.1, 728.1, 729.1, 730.1, and 732.1, to refer to this definition as a conditional use requirement; adding a new Section 890.89 to define Tobacco Paraphernalia in the Mixed Use Districts; amending Sections 803.1, 810.1, 811.1, 812.1, 814, 815, 816, 817, and 827 to refer to this definition and conditional use requirement; and making findings, including findings of consistency with the Priority Policies of Planning Code Section 101.1 and environmental findings.

Preliminary Recommendation: Approval with modifications

19. 2008.0095T (T. Sullivan-Lenane: (415) 558-6257)

Amendments to the Planning Code by adding Section 226.5 - Alcohol Reduction and Safer Neighborhoods Act -Ordinance introduced by Supervisor Sandoval to add 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: Disapproval

(Continued from Regular Meeting of June 26, 2008)

20. 2008.0443T (T. Sullivan-Lenane: (415) 558-6257)

Amendments to the Planning Code Section 315.4 and 315.5 - Preference for Certificate Holders of San Francisco Redevelopment Agency's Property Owner and Occupant Preference Program - Ordinance introduced by Mayor Newsom amending San Francisco Planning Code Sections 315.4 and 315.5 to provide that individual who hold certificates of preference from the San Francisco Redevelopment Agency shall receive preference for thirty percent (30%) of the on- and off- site units generated by the Residential Inclusionary Affordable Housing Program; and making findings, including findings under the California Environmental Quality Act.

Preliminary Recommendation: Approval

21. 2008.0646T (T. Sullivan-Lenane: (415) 558-6257)

Amendments to the Planning Code Sections 313.12, 315.4, 315.5, and 315.6 - Preference for Certificate of Preference Holders under the San Francisco Redevelopment Agency's Property Owner and Occupant Preference Program - Ordinance introduced by Supervisor Mirkarimi that would amend Planning Code Sections 313.12, 315.4, 315.5, and 315.6, to provide for preference in the Citywide Affordable Housing funds generated by the Jobs-Housing Linkage Program and the Residential Inclusionary Affordable Housing program and in the allocation of all on- and off- site inclusionary housing units in those programs.

Preliminary Recommendation: Approval

22. 2008.0622D (A. STARR: (415) 558-6362)

565 MARINA BOULEVARD - south side between Divisadero and Scott Streets; Lot 007B in Assessor's Block 0912 - Request for Discretionary Review of Building Permit Application No. 2007.10.31.6950 proposing to construct a 4^th floor vertical addition and a horizontal addition at the rear of a three-story, single-family house in an RH-1 (Residential, House, Single-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and Approve

23. 2008.0623D (A. STARR: (415) 558-6362)

762 CLAYTON STREET - east side between Waller and Frederick Streets; Lot 094 in Assessor's Block 1254 - Request for Discretionary Review of Building Permit Application No. 2007.10.03.4498 proposing to alter the roof-line toward the rear of the building in order to create habitable space at the fourth floor in this three-story plus attic, two-family building in an RH-3 (Residential, House, 3-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and Approve

6:30 PM

24. (M. LUELLEN: (415) 558-6478)

PRESIDIO MAIN POST - Informational Presentation on the Presidio Trusts' Environmental Impact Statement supplementing the 2002 Presidio Trust Management Plan and its review process.

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: