San Francisco Planning Department : March 19, 2009

March 19, 2009

SAN FRANCISCO
PLANNING COMMISSION
Notice of Meeting
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, March 19, 2009
1:30 PM
Regular Meeting

President: Ron Miguel
Vice-President: Christina R. Olague
Commissioners: Michael J. Antonini; Gwyneth Borden; William L. Lee; Kathrin Moore;
Hisashi Sugaya

Commission Secretary: Linda D. Avery
Commission Calendars are available on the Internet at http://www.sfgov.org/planning
or as a recorded message at (415) 558-6422.

View the meeting online at: http://www.sfgov.org/site/sfgtv_index.asp
Or
View the broadcast live, Thursdays on Cable Channel 78.
And
The re-broadcast on Fridays at 8:00 p.m., Cable Channel 26

THE AGENDA PACKET IS AVAILABLE FOR REVIEW AT THE PLANNING DEPARTMENT
1650 MISSION STREET, 4TH FLOOR RECEPTION

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.

Policy on Commissioner's requests for hearings: There must be consensus of the Commission (four commissioners) or direction from the President/Chair to schedule a hearing that otherwise would not be scheduled.

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: Ron Miguel
Vice-President: Christina R. Olague
Commissioners: Michael J. Antonini; Gwyneth Borden; 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. 2009.0109W (K. GUY: (415) 558-6163)
1167 MARKET STREET (AKA TRINITY PLAZA) - bounded on the north by Market Street, on the west by 8th Street, and on the south by Mission Street; Lots 039 and 051 through 053 in Assessor's Block 3507, and a portion of the former Jessie Street between Seventh and Eighth Streets: Request for approval of amendments to a development agreement between 1169 Market Street, L.P., a California limited partnership, and the City and County of San Francisco, entered into on June 15, 2007, pursuant to Ordinance No. 92-07 adopted by the Board of Supervisors on April 17, 2007 (File No. 061217), governing the terms for the development of the previously-approved "Trinity Plaza" project (Case No. 2002.1179). The requested approval would consist of amending the said development agreement Section 1.2.20 to clarify a definition, amending Section 1.4 to add five (5) years to the base Term of the development agreement, amending Section 3.3.2 regarding construction phasing for the project, amending Section 4.2 to provide a clarification to the definition of Existing Tenants, adding Sections 4.3.1 and 4.3.2 to restate and designate the Below Market Rate Unit requirement and locations for Building A, amending Sections 4.5.1, 4.5.2 and 4.5.4 to modify the location and selection process for the Replacement Units, and adding Section 6.12 to provide for the application of Planning Code Section 149 art requirements to Trinity Plaza, and adopting findings.
Preliminary Recommendation: Approval with Modifications.
(Proposed for Continuance to March 26, 2009)

2. 2006.1431E (D. DWYER: (415) 575-9031)
1960-1998 MARKET STREET - northeast corner at Buchanan Street; Lots 005, 006 and 007 of Assessor's Block 0872 - Appeal of Preliminary Negative Declaration for the proposed project consisting of the demolition of the existing a surface parking lot with approximately 20 carshare parking spaces; Union 76 gas station comprised of a 1,710-square-foot, one-story building, three islands with gas pumps sheltered by metal canopy approximately 15 feet in height, and two 12,000-gallon underground storage tanks (USTs); and two 12 ft x 25 ft general advertising signs. The proposed project also would construct a nine-story, 85-foot-tall mixed-use building totaling approximately 146,800 gross square feet in area, including ground floor parking with approximately 108 condominium units, 86 off-street parking spaces located on the ground floor and in two below-grade garage levels, and three ground-floor commercial spaces totaling 8,150 square feet. The 21,200-square-foot project site is located at the northeast corner of the intersection of Market, Duboce and Buchanan Streets in an NCT-3 (Neighborhood Commercial Transit) Zoning District and 85-X Height and Bulk District.
Preliminary Recommendation: Uphold Preliminary Negative Declaration
(Continued from Regular Meeting of February 26, 2009)
(Proposed for Continuance to March 26, 2009)

3a. 2006.1431ECV (J. IONIN: (415) 558-6309)
1960-1998 MARKET STREET - northeast corner at Buchanan Street, Assessor's Block 0872, Lots 005, 006 and 007 - Request for Conditional Use Authorization under Planning Code Sections 228 (Service Station Conversion), 731.11 (Development Lot Size) and 731.94 (Residential Off-street Parking) for the conversion of a service station and construction of a U-shaped mixed-use development with up to 115 residential units over ground floor commercial and subterranean parking below for up to 91 off-street parking spaces. The project lies within an NCT-3 (Neighborhood Commercial Transit, Moderate-Scale) District, an 85-X Height and Bulk District and the recently adopted Market & Octavia Plan Area.
Preliminary Recommendation: Pending
(Proposed for Continuance to March 26, 2009)

3b. 2006.1431ECV (J. IONIN: (415) 558-6309)
1960-1998 MARKET STREET - northeast corner at Buchanan Street, Assessor's Block 0872, Lots 005, 006 and 007, located in an NCT-3 (Neighborhood Commercial Transit, Moderate-Scale) District, an 85-X Height and Bulk District and the recently adopted Market & Octavia Plan Area. REAR YARD USABLE, OPEN SPACE AND EXPOSURE VARIANCES SOUGHT: The proposal is to demolish the service station and construct a U-shaped mixed-use development with up to 115 residential units over ground floor commercial and subterranean parking for up to 91 off-street parking spaces.
(Proposed for Continuance to March 26, 2009)

4. 2008.1014C (J. IONIN: (415) 558-6309)
652 STANYAN STREET - east side between Page and Haight Streets, Assessor's Block 1228, Lot 008 - Request for Conditional Use Authorization under Planning Code Section 209.6 (Public Facilities and Utilities) for AT&T Wireless to co-locate six antennas on the roof (concealed within RF transparent material) and associated equipment cabinets in the basement of the subject property. The project lies within an RM-2 (Residential, Mixed, Moderate Density) District and a 50-X Height and Bulk District.
Preliminary Recommendation: Pending
(Proposed for Continuance to April 23, 2009)

5. 2008.1076C (S. YOUNG: (415) 558-6346)
1699 HAIGHT STREET - southeast corner of Haight and Cole Streets; Lot 020 in Assessor's Block 1247 - Request for Conditional Use Authorization under Sections 719.26 and 303 of the Planning Code to legalize an existing automatic teller machine (ATM) walk-up facility, without providing a 3-foot recession from the front property line, located in the Haight Street Neighborhood Commercial Zoning District and a 40-X Height and Bulk District. The existing walk-up facility is an accessory use to an existing liquor store (dba Haight & Cole Liquors).
Preliminary Recommendation: Pending
(Proposed for Continuance to June 4, 2009)

6. 2001.1056E (L. KIENKER: (415) 575-9036)
280 DIVISADERO STREET CARRIAGE HOUSE - east side of Divisadero Street between Page and Haight Streets; Lot 023 in Assessor's Block 1238 - Certification of the Final Environmental Impact Report. The proposed project would replace an existing approximately 1,340-square foot (sf) carriage house structure, part of Landmark No. 190, the Charles L. Hinkel House, for a single residential unit within the same building footprint as the existing structure and attached garage, at the northeast corner property lines of the 6,875-sf lot. The proposed structure would be two stories in height and include a deck over an attached garage. The proposed project would not modify the main three-story over garden-level residential structure. The project would require approval of a Variance for construction within the required setbacks and a Certificate of Appropriateness pursuant to Article 10 for demolition and new construction. The project would have a significant impact on Landmark No. 190, constructed in 1885.
Preliminary Recommendation: Certify the Final EIR
Please note: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on June 18, 2007. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission in writing prior to the hearing or during the Public Comment portion of the Commission calendar.
(Continued from Regular Meeting of February 26, 2009)
(Proposed for Indefinite Continuance)

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

7. 2008.1296P (C. JAROSLAWSKY: (415) 558-6348)
JOHN MUIR DRIVE - southwest corner near Lake Merced; Lot 004 in Assessor's Block 7283 - Request for Coastal Zone Permit - pursuant to Planning Code Sections 330.1, to repair storm damage to the sidewalk, requiring immediate action to mitigate loss or damage to public safety and services. An Emergency Coastal Zone Permit was issued by the Planning Department on August 13, 2008 to repair the partially collapsing sidewalk. The site is located in a P Zone (Public) and OS (Open Space) District and Local Coastal Zone Permit Area.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of February 19, 2009)

8a. 2006.1460D (M. SMITH: (415) 558-6322)
268 MADISON STREET - west side between Silliman and Felton Streets; Lot 008 in Assessor's Block 5943 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of residential demolition, of Demolition Permit Application No. 2007.11.07.7568, proposing to demolish a one-story, single-family dwelling on a double width lot in a 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 demolition permit.
(Continued from Regular Meeting of February 19, 2009)

8b. 2008.1203D (M. SMITH: (415) 558-6322)
268 MADISON STREET - west side between Silliman and Felton Streets; Lot 008 in Assessor's Block 5943 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of the replacement building in association with residential demolition, of Building Permit Application No. 2007.11.07.7585 (Northern Building), to construct a two-story over garage, single-family dwelling in a 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 new building permit.
(Continued from Regular Meeting of February 19, 2009)

8c. 2008.1382D (M. SMITH: (415) 558-6322)
268 MADISON STREET - west side between Silliman and Felton Streets; Lot 008 in Assessor's Block 5943 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of the replacement building in association with residential demolition, of Building Permit Application No. 2007.11.07.7587 (Southern Building), to construct a two-story over garage, single-family dwelling in a 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 new building permit.
(Continued from Regular Meeting of February 19, 2009)

C. COMMISSIONERS' QUESTIONS AND MATTERS

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.

D. DIRECTOR'S REPORT

10. Director's Announcements

11. Review of Past Week's Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.

E. GENERAL PUBLIC COMMENT - 15 MINUTES

F. REGULAR CALENDAR

12a. 2007.1230ECV (E. OROPEZA: (415) 558-6381)
49 GRACE STREET - north side between Mission and Howard Streets; Lot 027 in Assessor's Block 3509 - Request for Conditional Use Authorization pursuant to Planning Code Sections 816.13, 317 and 303, to demolish the existing two-story single-family dwelling and to construct a new 5-story mixed-use building consisting of 2-dwelling units over 2-commercial floors, all within the SLR (Service/ Light Industrial/Residential, Mixed Use) District, The Western SOMA Special Use District, and a 50-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions

12b. 2007.1230ECV (E. OROPEZA: (415) 558-6381)
49 GRACE STREET - north side between Mission and Howard Streets; Lot 027 in Assessor's Block 3509 - The application for rear yard, open space, exposure and off-street parking Variances pursuant to Planning Code Sections 134, 135, 140 and 151, will be considered by the Zoning Administrator, all within the SLR (Service/ Light Industrial/Residential, Mixed Use) District, The Western SOMA Special Use District, and a 50-X Height and Bulk District.

13a. 2007.1250T (J. SWITZKY: (415) 575-6815)
AMENDMENT TO PLANNING CODE SECTION 309.1 - Resolution to approve an Ordinance to amend Section 309.1 of the Planning Code to allow the Commission to grant, as exceptions per Section 309.1, minor height measurement modifications that would otherwise be permitted under Section 304 for a qualifying Planned Unit Development for projects in Downtown Residential Districts.
Preliminary Recommendation: Approval

13b. 2007.1250XV (B. FU: (415) 558-6613)
333 HARRISON STREET (A.K.A. 105 HARRISON STREET) - bounded by Harrison Street to the north, Beale Street to the east, the Bay Bridge West Approach to the south, and the Fremont Access Ramp to the west; Lot 009 in Assessor's Block 3766 - Request under Planning Code Sections 309.1 and 827 for Determinations of Compliance, and exceptions to allow greater than one parking space for every two units, for open space, and for dwelling unit exposure. The subject property is located within the RH DTR (Rincon Hill Downtown Residential Mixed Use) District with a 65-X Height and Bulk designation. The project proposal is to construct a new seven-story, 65-foot building consisting of up to 308 dwelling units over a below-grade parking structure for up to 204 spaces. The development proposal also requires Variances for unit mix and open space, to be heard and considered by the Zoning Administrator at the same hearing. Preliminary Recommendation: Approval

13c. 2007.1250XV (B. FU: (415) 558-6613)
333 HARRISON STREET (A.K.A. 105 HARRISON STREET) - bounded by Harrison Street to the north, Beale Street to the east, the Bay Bridge West Approach to the south, and the Fremont Access Ramp to the west; Lot 009 in Assessor's Block 3766 - Variance Requests to: (1) allow reduction of the minimum percentage of two and three bedroom units per Planning Code Sections 207.6 and 827, and (2) allow reduction of the required open space per Planning Code Sections 135 and 827, for the proposed construction of a new seven-story, 65-foot building consisting of up to 308 dwelling units over a below-grade parking structure for up to 204 spaces within the RH DTR (Rincon Hill Downtown Residential Mixed Use) District with a 65-X Height and Bulk designation.

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:

Last updated: 11/17/2009 10:00:02 PM