July 31, 2008 (Special Meeting)

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, July 31, 2008

1:30 PM

Special 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

A. 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.

B. 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.

C. REGULAR CALENDAR

Note: Item Number 1 and Item Number 2 include components of the Eastern Neighborhoods Program, a broad effort to examine and amend City Codes and the General Plan in order to better plan for growth in a significant portion of land in the southeast quadrant of the City.

The subject of the proposed rezoning is an approximately 2,200-acre project area that includes four neighborhoods on the eastern side of San Francisco: East SoMa, the Mission, Showplace Square/Potrero Hill and the Central Waterfront. The proposed rezoning would introduce new use (zoning) districts, including: (1) districts that would permit only production, distribution and repair (PDR) uses; (2) districts that would permit at least some PDR uses in combination with commercial and/or residential uses; (3) districts mixing residential and commercial uses; and (4) new residential-only districts. The new districts would replace existing industrial, commercial and residential single-use districts. The project would also include certain adjustments to height limits. In conjunction with the proposed rezoning, the Planning Department is also developing area plans for inclusion within the General Plan for the four neighborhoods in the project area. These plans address policy-level issues pertaining to housing, transportation, historic resources, urban design (including building heights and urban form), open space, and community facilities.

The Eastern Neighborhoods Plan Area generally encompasses:

• East SoMa (the eastern portion of the South of Market district), bounded generally by Folsom Street on the northwest, the Rincon Hill Plan area (essentially, Second Street) on the east, Townsend Street on the south, and Fourth Street on the west, with an extension to the northwest bounded by Harrison, Seventh, Mission, Sixth (both sides), Natoma, Fifth, and Folsom Streets;
• the Mission, bounded by 13th and Division Streets on the north, Potrero Avenue on the east, César Chávez Street on the south, and Guerrero Street on the west;
• the Showplace Square/Potrero Hill district, generally bounded by Bryant Street and 10th Street on the northwest, Seventh Street on the northeast, Interstate Highway 280 (I-280) on the east, 25th and 26th Streets on the south, and Potrero Avenue on the west; and
• the Central Waterfront, bounded by Mariposa Street on the north, San Francisco Bay on the east, Islais Creek on the south, and I-280 on the west.

1. 2004.0160EMTUZUU (M. JACINTO: (415) 575-9033)

EASTERN NEIGHBORHOODS FINAL ENVIRONMENTAL IMPACT REPORT -Certification of the Final Environmental Impact Report. Please note: the public review period for the Draft Environmental Impact Report is closed. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission during the public comment portion of the Commission calendar.

Preliminary Recommendation: Certify the Final EIR.

2a. 2004.0160EMTUZUU (K. RICH: (415) 558-6345)

EASTERN NEIGHBORHOODS GENERAL PLAN AMENDMENTS - General Plan amendments that would, 1) add to the General Plan four new area plans, which include the Mission, East SoMa, Showplace Square/Potrero Hill and Central Waterfront Area Plans; and 2) make related amendments to the following portions of the existing General Plan: the Commerce and Industry Element, Recreation Element, Open Space Element, the South of Market Area Plan, the Central Waterfront Area Plan, the Northeastern Waterfront Area Plan, and the Land Use Index.

Preliminary Recommendation: Adoption.

2b. 2004.0160EMTUZUU (K. RICH: (415) 558-6345)

EASTERN NEIGHBORHOODS PLANNING CODE TEXT AMENDMENTS - Planning Code text amendments that would revise controls including but not limited to those for land use, height and bulk, building design, density, open space, and parking; establish 16 new zoning districts; amend the South Park District; RTO District, NCT Districts, and Downtown Residential Districts; and make related amendments to the Planning Code necessary to implement the General Plan as proposed to be amended and make related Planning Code amendments pursuant to the Eastern Neighborhoods Area Plans.

Preliminary Recommendation: Adoption.

2c. 2004.0160EMTUZUU (K. RICH: (415) 558-6345)

EASTERN NEIGHBORHOODS ZONING MAP AMENDMENTS - Zoning Map order to a) update height and bulk districts, b) apply the RTO District and PDR-2 Districts in the Eastern Neighborhoods, and c) designate 16 new zoning districts.

Preliminary Recommendation: Adoption.

2d. 2004.0160EMTUZUU (K. RICH: (415) 558-6345)

EASTERN NEIGHBORHOODS INTERIM HISTORIC PRESERVATION CONTROLS - Interim Historic Preservation Controls that would establish additional review of proposed changes to or demolition of historic or potentially historic resources in the Eastern Neighborhoods, pending completion of ongoing historic resource surveys.

Preliminary Recommendation: Adoption.

2e. 2004.0160EMTUZUU (K. RICH: (415) 558-6345)

EASTERN NEIGHBORHOODS IMPLEMENTATION AND MONITORING - Amendments to the Administrative Code in order establish implementation and monitoring measures related to Eastern Neighborhoods Area Plan policies.

Preliminary Recommendation: Adoption.

2f. (K. RICH: (415) 558-6345)

INTERIM DEVELOPMENT REVIEW POLICY - Interim policy to govern the review of development projects in the Eastern Neighborhoods which may move forward for consideration and possible approval prior to the effective date of the Eastern Neighborhood zoning controls.

Preliminary Recommendation: Adoption.

2g. (B. WYCKO: (415) 575-9048)

INTERIM PDR LOSS AND REPLACEMENT POLICY - Interim policy regarding new and replacement PDR (production, distribution, and repair) space under CEQA (the California Environmental Quality Act) for projects throughout the Eastern Neighborhoods and related areas which may move forward for consideration and possible approval prior to the effective date of the Eastern Neighborhoods zoning controls.

Preliminary Recommendation: Adoption.

(Continued from Regular Meeting of June 19, 2008)

2h. 2004.0160EMTUZUU (M. JACINTO: (415) 575-9033)

CEQA FINDINGS - In accordance with CEQA Guidelines Section 15091, CEQA findings which indicate significant impacts associated with approving the zoning and Area Plans are proposed, along with a rationale for rejecting alternatives identified in the EIR, and a statement of overriding considerations that lists technical, social and economic reasons for adopting the plans and zoning despite identified significant, adverse environmental impacts.

Preliminary Recommendation: Adoption.

3. 2008.0677T (K. Rich: (415) 558-6345)

Proposed ordinance to create an Eastern Neighborhoods community stabilization fund and a PDR Replacement fund -Proposed ordinance introduced by Supervisor Daly under Board File Number 080777 amending the Planning Code to add Section 319A et seq. to create a community stabilization fund and a Production, Distribution and Repair (PDR) business replacement fund and imposing fees on specified new developments in the Eastern Neighborhoods (East Soma, Showplace Square/Potrero Hill, Mission and Central Waterfront); making a declaration of policy concerning pending residential development projects in the Eastern Neighborhoods that are compliant with the current Planning Code; 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 July 24, 2008)

D. COMMISSIONERS' QUESTIONS AND MATTERS

4. 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.

E. DIRECTOR'S REPORT

5. Director's Announcements

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

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: