April 9, 2009

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, April 9, 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

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. 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

(Continued from Regular Meeting of March 26, 2009)

NOTE: On March 26, 2009, following public testimony, the Commission closed the public hearing and passed a motion of intent to approve with modifications to require more transparency into ground level; provide more attractive awnings; continue working with department staff on design and material to enhance the exterior façade by a vote of +6 -1. Commissioner Olague voted against. Final Language scheduled for April 9, 2009.

(Proposed for Continuance to April 23, 2009)

2a. 2007.0129DDD (G. CABREROS; (415) 558-6169)

100 32^nd Avenue - southeast corner of 32^nd Avenue and El Camino del Mar; Lot 008 in Assessor's Block 1312 - Requests for Discretionary Review of Building Permit Application No. 2007.01.19.2027 proposing to construct a three-story side horizontal addition and to enlarge the existing partial fourth floor of the four-story, single-family residence. The subject building is within an RH-1(D) (Residential, House, One-Family, Detached) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and Approve.

(Continued from Regular Meeting of March 12, 2009)

(Proposed for Continuance to May 7, 2009)

2b. 2007.0129V (G. CABREROS: 415-558-6169)

100 32^nd Avenue - southeast corner of 32^nd Avenue and El Camino del Mar; Lot 008 in Assessor's Block 1312 - Request for Variances from Planning Code Sections 133, 134 and 188 to modify a required side yard, the required rear yard and a noncomplying structure. The project proposes to construct a three-story side horizontal addition and to enlarge the existing partial fourth floor of the four-story, single-family residence. The subject building is within an RH-1(D) (Residential, House, One-Family, Detached) Zoning District and a 40-X Height and Bulk District.

(Continued from Regular Meeting of March 12, 2009)

(Proposed for Continuance to May 7, 2009)

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.

3. Consideration of Adoption:

· Draft Minutes of Regular Meeting of January 8, 2009

· Draft Minutes of Regular Meeting of January 15, 2009

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.

E. 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.

F. CONSIDERATION OF FINDINGS AND FINAL ACTION – PUBLIC HEARING CLOSED

7. 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 26, 2009)

NOTE: On March 26, 2009, following public testimony, the Commission closed the public hearing and passed a motion of intent to approve the project with two units as proposed by the project sponsor by a vote of +5 -2 with Commissioners Sugaya and Moore voting against. Final Language scheduled for April 9, 2009.

G. REGULAR CALENDAR

8a. 2008.1215CV (C. TEAGUE: (415) 575-9081)

827 Guerrero Street - east side between 20^th Street and Liberty Street, Lot 076 in Assessor's Block 3608 - Request for Conditional Use Authorization pursuant to Planning Code Sections 209.2(a) and 303 for a 20-bed group housing facility in an RH-2 (Residential, House, Two-Family District) and a 40-X Height and Bulk District. The proposal is to convert the existing building–previously a residential care facility (dba Chateau Agape) into a group housing facility (dba The Alternative to Meds Center) with a maximum of 15 bedrooms and 20 beds and 1 off-street parking space. No changes are proposed for the existing building.

Preliminary Recommendation: Approval

(Continued from Regular Meeting of March 12, 2009)

8b. 2008.1215CV (C. TEAGUE: (415) 575-9081)

827 Guerrero Street– east side between 20th Street and Liberty Street, Lot 076 in Assessor's Block 3608 - Request for a Parking Variance pursuant to Planning Code Sections 151 and 305 to provide only 1 of the 5 required off-street parking spaces for a 20-bed group housing facility in an RH-2 (Residential, House, Two-Family District) and a 40-X Height and Bulk District. The proposal is to convert the existing building previously a residential care facility (dba Chateau Agape)–into a group housing facility (dba The Alternative to Meds Center) with a maximum of 15 bedrooms and 20 beds.

(Continued from Regular Meeting of March 12, 2009)

9. 2009.0176C (B. BENDIX: (415) 575-9089)

548 Valencia street - west side between 16^th and 17^th Streets, Lot 008 in Assessor's Block 3568 - Request for Conditional Use Authorization pursuant to Planning Code Sections 145.2, 303 and 726.26 to legalize a walk-up facility (ATM), dba "Swipe USA", that is not recessed 3-feet from the property line, in the Valencia Street NCT (Neighborhood Commercial Transit) Zoning District with a 55-X Height and Bulk designation.

Preliminary Recommendation: Approval with Conditions

10. 2009.0117C (C. LAMORENA: (415) 575-9085)

3154 FILLMORE STREET- on the southeast corner of Greenwich Street; Lots 022 and 023 of Assessor's Block 0516 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 725.26, to legalize an existing walk-up facility (ATM dba Swipe USA) that is not recessed from the property line by 3 feet at the existing full-service restaurant (dba Eastside West) within the Union Street Neighborhood Commercial District and 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

11. 2005.0540E (C. ROOS: (415) 575-9043)

1415 MISSION STREET - Mixed Use Development- Public Hearing on the Draft Environmental Impact Report - The project site (Lot 001 in Assessor s Block 3510) is in on the south side of Mission Street, at 10^th Street. The proposed project would demolish an existing one-story, 18-foot-tall, approximately 5,000-square-foot (sq.ft.) commercial building and surface parking lot on the site and construct a 14-story, 130-foot-tall building with approximately 2,742 sq.ft. of ground-floor commercial space, 117 residential units, and a three-level, subterranean garage with up to 46 independently-accessible or 101 valet residential parking spaces, and 15 commercial parking spaces. The site is located within a C-M (Heavy Commercial) Use district and a 130-L Height and Bulk district. The project requires zoning reclassification to C-3-G (Downtown General Commercial), Section 309 exceptions; Conditional Use authorization; a Variance, and Transfer of Development Rights (TDR).

Preliminary Recommendation: No Action Required

NOTE: Written comments will be accepted at the Planning Department's offices until the close of business on April 13, 2009.

12a. 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

(Continued from Regular Meeting of March 19, 2009)

12b. 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.

(Continued from Regular Meeting of March 19, 2009)

13. 2008.1393T: (T. SULLIVAN: (415) 558-6257)

Ordinance Rescinding Planning Code Articles 10 & 11 in their Entirety and Adopting a New Article 10 & 11, and adding new Planning code section 176(F) [Board File No. 08-1565] - Ordinance introduced by Supervisor Daly and former Supervisor Peskin that would rescind Articles 10 and 11 from the Planning Code in its entirety and adopting a new Article 10 and 11 to implement the provisions of the new San Francisco Charter Section 4.135 (Historic Preservation Commission), and to add Section 176(f).

Preliminary Recommendation: Approval with Modifications.

5:30 p.m. -- [Although the following items may be called after the listed time, they will not be called before.]

14a. 2007.0627D (E. Watty: (415) 558-6620)

1629 DOLORES STREET - east side between 29^th and Day Streets, Lot 015 in Assessor's Block 6634 - Mandatory Discretionary Review pursuant to Planning Code Section 317, of Building Permit Application No. 2007.01.08.1172, proposing the demolition of a one-story, single-family dwelling, located in the RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the demolition.

14b. 2009.0005D (E. Watty: (415) 558-6620)

1629 DOLORES STREET - east side between 29^th and Day Streets, Lot 015 in Assessor's Block 6634 - Mandatory Discretionary Review pursuant to Planning Code Section 317, of Building Permit Application No 2007.01.08.1168, proposing the construction of a new three-story-over-garage, three-family dwelling, located in the RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed.

15. 2009.0158D (P. LAVALLEY: (415) 575-9084)

66 ELLSWORTH STREET - west side between Bernal Heights Boulevard and Powhattan Avenue; Lot 012 in Assessor's Block 5624 - Request for Discretionary Review of Building Permit Application No. 2008.11.10.6254, proposing to construct a one-story vertical addition, remove one-story rear addition, and alter the façade of a one-story over basement, single-family dwelling within an RH-1 (Residential House, One-Family) District, 40-X Height and Bulk District, and within the Bernal Heights Special Use District.

Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed.

H. 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: