March 26, 2009

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, March 26, 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 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 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: Ron Miguel

Vice-President: Christina R. Olague

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. 2006.1431E (D. DWYER: (415) 575-9031)

1960-1998 MARKET STREET - north side between Laguna and Buchanan; 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 March 19, 2009)

(Proposed for Continuance to April 16, 2009)

2a. 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 - Consideration of Adoption of CEQA Findings and 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: Approval with Conditions

(Continued from Regular Meeting of March 19, 2009)

(Proposed for Continuance to April 16, 2009)

2b. 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 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.

(Continued from Regular Meeting of March 19, 2009)

(Proposed for Continuance to April 16, 2009)

3a. 2007.1121XV (B. FU: (415) 558- 6613)

430 Main Street/ 429 Beale Street - north to south through lot between Main and Beale Streets, and between Harrison Street to the west and Bryant Street to the east; Lots 305 & 306 in Assessor's Block 3767 - Request under Planning Code Sections 309.1, 825, and 827 for determinations of compliance and exceptions for dwelling unit exposure. The subject property is located within the RH DTR (Rincon Hill Downtown Residential Mixed Use) District with an 84-X Height and Bulk Designation. The project proposal is to construct a new eight-story, 84-foot building consisting of up to 113 dwelling units over a below-grade parking structure for up to 57 spaces. The project also requires a Variance for open space, to be heard and considered by the Zoning Administrator at the same hearing.

Preliminary Recommendation: Approval with Conditions

Proposed for Continuance to April 9, 2009)

3b. 2007.1121XV (B. FU: (415) 558- 6613)

430 Main Street / 429 Beale Street - north to south through lot between Main and Beale Streets, and between Harrison Street to the west and Bryant Street to the east; Lots 305 & 306 in Assessor's Block 3767 - Variance request to allow reduction of the required open space per Planning Code Sections 135 and 827, for the proposed construction of a new eight-story, 84-foot building consisting of up to 113 dwelling units over a below-grade parking structure for up to 57 spaces within the RH DTR (Rincon Hill Downtown Residential Mixed Use) District with an 84-X Height and Bulk Designation.

Proposed for Continuance to April 9, 2009)

B. 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.

C. DIRECTOR'S REPORT

5. Director's Announcements

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

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.

1. REGULAR CALENDAR

7. 2009.0198U (A. RODGERS: (415) 558-6395)

Amendments to the Building Code - Pilot Project Requiring Amended Certificates of Final Completion and Occupancy for Existing Buildings in the RTO and NCT zoned portions of the Market & Octavia Area Plan Within the Boundaries of District Five. Ordinance introduced by Supervisor Mirkarimi [BF 090227] amending the San Francisco Building Code by amending Section 109A to provide that in the RTO and NCT zoned portions of the Market & Octavia Area Plan within the boundaries of District Five, an Amended Certificate of Final Completion and Occupancy shall be issued for an existing building where a Certificate of Occupancy would be issued under the Code, and to require the Amended Certificate of Final Completion and Occupancy to include a reference to the date of the first certificate of occupancy and any subsequent certificates of occupancy that have been issued for the building; and adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval with Modifications

8. (S. SANCHEZ: (415) 558-6326)

Extension of Entitlements - Consideration of adoption of Commission policies on extension of entitlements for Office Development Annual Limit, Downtown Residential District and other projects (including: 100% affordable housing, buildings that meet or exceed LEED"! Gold or equivalent standards and those sponsored by a City agency).

Preliminary Recommendation: Adoption

9. 2006.0070T (C. NIKITAS: (415) 558-6306)

IMPLEMENTATION OF 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 March 12, 2009)

10. (T. SULLIVAN: (415) 558-6257)

Planning Code Articles 10 and 11 - Informational Presentation to discuss policy issues for preservation planning and to discuss Board of Supervisors File No. 08-1565, an Ordinance that would rescind Articles 10 (Preservation of Historical Architectural and Aesthetic Landmarks) and 11 (Preservation of Buildings and Districts of Architectural, Historical, and Aesthetic Importance in the C-3 Districts) from the Planning Code in its entirety and adopt a new Article 10 and 11 to implement the provisions of the new San Francisco Charter Section 4.135 (Historic Preservation Commission).

11. 2008.1294K (K. GUY: (415) 558-6163)

BoeddekerPark - northeast corner of Eddy and Jones Streets, Lots 006-009 and 017-019 of Assessor's Block 0332 - Request to raise Absolute Cumulative Shadow Limit on Boeddeker Park in order to allow the development of the proposed project at 168-186 Eddy Street (Case No. 2007.1342CK). Boeddeker Park is located within the P (Public) District, the North of Market Residential Special Use District (Subarea 1), and the OS (Open Space) Height and Bulk District.

12a. 2007.1342CKE (K. GUY: (415) 558-6163)

168-186 Eddy Street- northeast corner at Taylor Street, Lots 010 and 011 of Assessor's Block 0331 - Request for Conditional Use Authorization of a Planned Unit Development, with specific modifications including but not limited to Planning Code regulations related to streetwall setbacks, bulk, height measurement, rear yard, dwelling unit exposure, parking, and loading. The proposal is to demolish an existing surface parking lot and construct a new 14-story, 130-foot tall mixed-use building containing approximately 153 affordable dwelling units, approximately 13,750 square feet of ground-floor commercial space, a supportive services office, rooftop and second floor open space, one loading space, and no off-street parking. The project site is located within the RC-4 (Residential-Commercial Combined, High Density) District, the North of Market Residential Special Use District (Subarea 1), the 80-130-T Height and Bulk District, and the Uptown Tenderloin National Register Historic District.

12b. 2007.1342CKE (K. GUY: (415) 558-6163)

168-186 Eddy Street - northeast corner at Taylor Street, Lots 010 and 011 of Assessor's Block 0331 - Review under Planning Code Section 295 regarding shadow impacts to a public park (Boeddeker Park). The proposal is to demolish an existing surface parking lot and construct a new 14-story, 130-foot tall mixed-use building containing approximately 153 affordable dwelling units, approximately 13,750 square feet of ground-floor commercial space, a supportive services office, rooftop and second floor open space, one loading space, and no off-street parking. The project site is located within the RC-4 (Residential-Commercial Combined, High Density) District, the North of Market Residential Special Use District (Subarea 1), the 80-130-T Height and Bulk District, and the Uptown Tenderloin National Register Historic District.

Preliminary Recommendation: Approval with Conditions

13. 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.

(Continued from Regular Meeting of March 19, 2009)

14. 2008.1161C (A. PUTRA: (415) 575-9079)

99 WEST PORTAL AVENUE- northeast corner of West Portal Avenue and Vicente Street, Assessor's Block 2979A; Lot 021A - Request for Conditional Use Authorization, pursuant to Planning Code Sections 729.51, and 303 to allow a ground floor medical service use (dba "Dean L. Duncan, DDS") in the West Portal Neighborhood Commercial District, and 26-X Height and Bulk District.

Preliminary Recommendation: Disapproval

15. 2008.0940C (M. WOODS: (415) 558-6315)

2250 VALLEJO STREET - north side between Fillmore and Webster Streets; Lot 009, in Assessor's Block 0557 - Request for Conditional Use Authorization pursuant to Sections 303(c) and 317 of the Planning Code to allow the merger of eleven dwelling units into two dwelling units in a three-story over basement residential building, within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions, including Modifications to Retain More than Two Dwelling Units

(Continued from Regular Meeting of March 5, 2009)

6:00 P.M.

16. 2008.1309D (G. CABREROS: (415) 558-6169)

2829 GREEN STREET - south side between Baker and Lyon Streets, Lot 021 in Assessor's Block 0956 - Staff-initiated Discretionary Review of Building Permit Application No. 2008.07.18.7090 proposing to infill a courtyard area at the level of the third floor of the single-family residence undergoing alteration. The alteration project with courtyard area was originally approved under Building Permit Application No. 2006.02.23.5308 in 2006. The subject building is within an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and Disapprove.

(Continued from Regular Meeting of March 12, 2009)

17a. 2006.1065DDDD (S. VELLVE (415) 558-6263)

145-149 Buena Vista Avenue East/52 Alpine Terrace- west side between Waller Street and Duboce Avenue; Lots 036 and 037 (formerly Lot 005) in Assessor's Block 1258 - Requests for Discretionary Review of Building Permit Application No. 2006.09.20.2886, proposing to demolish an existing garage and to construct a new four-story, three-unit building at 52 Alpine Terrace that, in addition to providing its own required parking, would provide parking for a two-unit building at 145-149 Buena Vista East (requiring a Variance, Item 2b) in an RH-3 (Residential House, Three-Family) Zoning District and a 40-X Height and Bulk District. The existing three-car garage structure at 52 Alpine Terrace would be demolished.

Preliminary Recommendation: Do not take Discretionary Review and Approve

(Continued from Regular Meeting March 12, 2009)

17b. 2006.1065V (S. VELLVE (415) 558-6263)

145-149 Buena Vista Avenue East/52 Alpine Terrace- west side between Waller Street and Duboce Avenue; Lots 036 and 037 (formerly Lot 005) in Assessor's Block 1258 - Request for a Parking Variance for two required off-street parking spaces that would be provided on a separate lot than the dwelling units in an RH-3 (Residential House, Three-Family) Zoning District and a 40-X Height and Bulk District. The project proposes to demolish an existing garage and to construct a new four-story, three-unit building that, in addition to providing its own required parking, would provide parking for a two-unit building at 145-149 Buena Vista East. The request will be heard by the Zoning Administrator.

(Continued from Regular Meeting of March 12, 2009)

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

1. directing staff to place the item on a future agenda. (Government Code Section 54954.2(a))

Adjournment: