August 8, 2008 (Special Meeting)

SAN FRANCISCO PLANNING COMMISSION

Notice of Special Meeting

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Friday, August 8, 2008

1:30 PM

Special Meeting

President: Christina R. Olague

Vice President: Ron Miguel

Commissioners: Michael Antonini; Gwyneth J. 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 Francisco Lobbyist 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.

B. 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

1. 2008.0711X (B. FU: (415) 558-6613)

399 Fremont Street - northeast corner of Harrison and Fremont Streets, Lot 002 in Assessor's Block 3747 – Request under Planning Code Sections 309.1 and 827 for the authorization of a change in previously approved conditions of approval to extend the performance period within the RH DTR (Rincon Hill Downtown Residential Mixed Use) District With A 85/400-R Height And Bulk Designation.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of August 7, 2008)

C. COMMISSIONERS' QUESTIONS AND MATTERS

2. 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.

D. DIRECTOR'S REPORT

3. Director's Announcements

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

E. 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.

F. 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.

• CONSIDERATION OF FINDINGS AND FINAL ACTION – PUBLIC HEARING CLOSED

5. 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 August 7, 2008)

NOTE: On July 24, 2008, following public testimony the Commission closed public hearing and passed a motion of intent to approved by a vote of +4 -3. Commissioners Olague, Moore and Sugaya voted no. Final Language August 7, 2008.

• REGULAR CALENDAR

6. 2008.0282C (S. Young: (415) 558-6346)

331 CLEMENT STREET- south side between 4^th and 5^th Avenues; Lot 043 in Assessor's Block 1436 - Request for Conditional Use Authorization under Sections 703.4, 303(c), and 303(i) of the Planning Code to establish a Formula Retail Use within the Inner Clement Neighborhood Commercial Zoning District and a 40-X Height and Bulk District - The proposal is to legalize the establishment of an existing restaurant, dba Sweet Delight Cafe, which is currently operating as a formula retail use consistent with that of a  Quickly' Asian fusion style café franchise selling a large variety of beverages, snacks, and desserts. The restaurant consists of a kitchen, service area, storage room, restroom, and dining area with seating for 36 persons. The proposal will not involve tenant improvements to the existing commercial space or an expansion to the existing building envelope.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of August 7, 2008)

7a. 2007.0980ECV (A. HEITTER: (415) 558-6602)

220 GOLDEN GATE AVENUE - northwest corner of Leavenworth Street at Golden Gate Avenue, Lot 4, in Assessor's Block 345 - Request for Conditional Use Authorization to allow additional square footage above that permitted by the base floor area ratio limits for the construction of affordable group housing units - The proposed project is to convert the existing Shih Yu-Lang Central YMCA to 174 group housing units for the chronically homeless. The project also includes a historic rehabilitation component, including an exterior façade restoration. The proposed project would not involve any expansion of the existing building envelope. The site has no off-street parking and none is proposed. The project site is within a C-3-G (Downtown General Commercial) Zoning District and an 80-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions.

(Continued from Regular Meeting of August 7, 2008)

7b. 2007.0980ECV (A. HEITTER: (415) 558-6602)

220 GOLDEN GATE AVENUE - northwest corner of Leavenworth Street at Golden Gate Avenue, Lot 4, in Assessor's Block 345 - Request for a Variance to allow a reduction in the common usable open space requirements - The proposed project is to convert the existing Shih Yu-Lang Central YMCA to 174 group housing units for the chronically homeless. The project also includes a historic rehabilitation component, including an exterior façade restoration. The proposed project would not involve any expansion of the existing building envelope. The site has no off-street parking and none is proposed. The project site is within a C-3-G (Downtown General Commerical) Zoning District and an 80-X Height and Bulk District.

(Continued from Regular Meeting of August 7, 2008)

8. 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 August 7, 2007)

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

9. 2008.0642T (e. forbes: 415) 558-6417)

Planning Code Enforcement Update Board File No. 080525 - This Ordinance introduced by Supervisor Peskin would amend the Administrative Code Section 10.100-166 to expand the Planning Department's Code Enforcement Fund beyond general advertising signs and authorize the Fund to receive revenues from all code enforcement activities, including monetary judgments, and authorize expenditure of the funds for administration and enforcement of all Planning Code violations. The Ordinance would also amend the Planning Code Section 303(l) concerning relocation of general advertising signs to delete the requirement to submit a site map, clarify that wall signs are included in the requirements and make technical changes to the language of the section; amend Section 358 to increase the annual inventory maintenance fee from $48 to $75 and to clarify use of the general advertising sign inventory fees and that wall signs are included in the requirements; amend Section 604.2 to provide that violation of the Code's general advertising sign inventory requirements is a public nuisance, to clarify that the definition of the term "general advertising sign company" includes the operator of the sign and that wall signs are included in the requirements, to modify language required to be in the affidavit submitted with the sign inventory, to delete the requirement to submit a site map, to conform the penalty and appeal procedure with Section 610, and to make other clarifying and technical changes to the language of the section; adopting CEQA and Planning Code Section 302 findings. Preliminary Recommendation: Approval.

(Continued from Regular Meeting of August 7, 2008)

10a. 2007.0785VZ (C. TEAGUE: (415) 575-9081)

483 BOSWORTH STREET (aka 1 LYELL STREET) - southeast corner; Lot 063 in Assessor's Block 6753 - Request to amend the Planning Code pursuant to Planning Code Section 302, in a P (Public) and 40-X Height and Bulk District. The proposal is to reclassify the property from P (Public) to RH-2 (Residential, House Districts, Two-Family) and construct a 2-story, 2-unit residential structure on a currently vacant, substandard property that would not provide the required rear yard, front setback, or any off-street parking spaces.

Preliminary Recommendation: Approval of Reclassification

(Continued from Regular Meeting of August 7, 2008)

10b. 2007.0785VZ (C. TEAGUE: (415) 575-9081)

483 BOSWORTH STREET (aka 1 LYELL STREET) - southeast corner; Lot 063 in Assessor's Block 6753 - Request for a Variance for proposed development pursuant to Planning Code Sections 305, 132, 134, and 151, in a RH-2 (Residential, House Districts, Two-Family) and 40-X Height and Bulk District. The proposal is to construct a 2-story, 2-unit residential structure on a currently vacant, substandard property that would not provide the required rear yard, front setback, or any off-street parking spaces.

(Continued from Regular Meeting of August 7, 2008)

11. 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

(Continued from Regular Meeting of August 7, 2008)

I. 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: