April 23, 2009

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, April 23, 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. 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 April 9, 2009)

NOTE: On March 26, 2009, following public testimony, the Commission closed the public hearing and entertained an 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 April 9, 2009.

(Proposed for continuance to May 14, 2009)

2. 2007.0128E (L. KIENKER: (415) 575-9036)

2901 CALIFORNIA STREET – DREW SCHOOL ADDITION -- west side of Broderick between California and Pine Streets, Lots 3 and 95 in Assessor's Block 1029 – Certification of the Final Environmental Impact Report, for the project at 1831-1835 Broderick Street to demolish an existing three-unit residential building constructed in 1891 and build an approximately 15,604 square-foot (sq.ft.) addition to the existing Drew School at 2901 California Street, accommodating a three-story assembly and classroom wing, with no change to off-street parking, within the RM-1 (Residential, Mixed, Low Density District) and 40-X Height and Bulk District.

Please note: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on November 24, 2008. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission during the Public Comment portion of the Commission calendar.

Preliminary Recommendation: Certify the Final EIR

(Proposed for Continuance to May 14, 2009)

3a. 2007.0128CV (A. STARR: (415) 558-6362)

2901 CALIFORNIA STREET - southwest corner of California and Broderick Streets, Lots 095 and 003, in Assessor's Block 1029 - Request for Conditional Use Authorization under Planning Code Sections 209.3, 303 and 317 to modify the Conditional Use Authorization approved on October 14, 2009 (Motion # M14898, Case # 1998.244C) to allow an existing private secondary school (the Drew School) to expand its facility to include 4 new classrooms and a flexible assembly space, to increase its enrolment cap from 250 to 280 students and to demolish an existing 3-unit residential building located at 1831-1835 Broderick Street adjacent to the Drew School within an RM-1 (Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District. The 40' tall addition will be constructed to the south of the existing school building on the site currently occupied by the 3.5 story residential building.

Preliminary Recommendation: Approval with conditions

(Proposed for continuance to May 14, 2009)

3b. 2007.0128CV (A. STARR: (415) 558-6362)

2901 CALIFORNIA STREET -Southwest corner of California and Broderick Streets, Lots 095 and 003, in Assessor's Block 1029 --Request for Variances from the rear yard, permitted obstruction and street tree requirements pursuant to Sections 134, 136(d)(2) and 143 of the Planning Code, to allow the proposed building expansion to be located within the required rear yard, to have a bay window projecting over the sidewalk that does not conform to the size limitations outlined in the Planning Code, and to not install street trees every 20' along the Broderick Street frontage as required by the Planning Code. The Zoning Administrator will consider the request following the Planning Commission's consideration of the Conditional Use authorization.

(Proposed for continuance to May 14, 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

(Continued from Regular Meeting of March 19, 2009)

(Proposed for continuance to May 14, 2009)

5. 2006.0401D (E. WATTY; (4150 558-6620)

395 ATHENS STREET – south side between Brazil and Excelsior Avenues; Lot 014, in Assessor's Block 6022 – Request for Discretionary Review of Building Permit Application No. 2003.12.24.3005, proposing construction of a four-story, two-family dwelling on a vacant lot. The subject property is located within the RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

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

(Proposed for continuance to May 21, 2009)

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

6. 2009.0016C (S. LAI: (415) 575-9087)

68 WEST PORTAL AVENUE– west side of West Portal Avenue, between Ulloa and Vincente Streets, Assessor's Block 2931; Lot 007 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 729.42 and 303, to legalize a full-service restaurant (dba  Bay Shabu ) within the West Portal Neighborhood Commercial District, and 26-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions.

7. 2008.1397D (E. OROPEZA: (415) 558-6381)

64-66 14^th Street- north side between Folsom and Trainor Streets; Lot 017, in Assessor's Block 3529, Mandatory Discretionary Review pursuant to Planning Code Section 317 requiring review of all dwelling unit conversions, for Building Permit Application no. 2009.0319.4471. The project proposes to convert the existing ground floor dwelling unit of approximately 1,000 square feet into a retail eating establishment thereby reducing the number of legal dwelling units from 2 to 1. The property is located within the PDR-1-G (Production, Distribution, Repair-General) District and a 58-X Height and Bulk Designation.

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

C. COMMISSIONERS' QUESTIONS AND MATTERS

8. 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

9. Director's Announcements

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

11. (R. DUDLEY (415): 575-9068)

General Update on the Japantown Better Neighborhood Plan– Informational Presentation - Brief status update on the Japantown Better Neighborhood Plan to discuss the plan's key recommendations, issues and schedule for completion. More information about the Japantown Plan can be found at the plan website: http://japantown.sfplanning.org.

Preliminary Recommendation: Information only. No action required.

12. Transbay Transit Center (J. SWITZKY: (415) 575-6815)

Informational Presentation by the Transbay Joint Powers Authority and Pelli Clark Pelli Architects of the completed Schematic Design for the Transbay Transit Center and request for Comment from the Planning Commission. The TJPA is seeking comment from the Planning Commissioners on the design of the Transbay Transit Center.

Preliminary Recommendation: No Action Required

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.

1. REGULAR CALENDAR

13. 2008.0197T (T. Sullivan: (415) 558-6257)

Amendments relating to Planning Code Section 725.1, Section 725.44, and Section 725.69A of the Union Street NCD Zoning Control Table- to provide for a limited number of new Small Self-Service Restaurants and Self-Service Specialty Food uses subject to conditional use authorization by the Planning Commission [Board File No. 09-0274]. Ordinance introduced by Supervisor Alioto-Pier amending Planning Code Section 725.1, Section 725.44, and Section 725.96A of the Union Street NCD to provide for a limited number of new Small Self-Service Restaurants and Self-Service Specialty Food uses subject to conditional use authorization by the Planning Commission; making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1. Preliminary Recommendation: Approval.

14. 2007.0289C (K. GUY: (415) 558-6163)

1685 SACRAMENTO STREET – 1685 Sacramento Street (aka 1552 Polk Street), southeast corner at Polk Street, Lot 017 of Assessor's Block 0644: Request for Conditional Use Authorization, pursuant to Planning Code Section 723.45 to add a liquor store to an existing convenience store (dba "Nob Hill Liquors #2") within the Polk Street NCD (Neighborhood Commercial District), and a 65-A Height and Bulk District. If granted, the Conditional Use Authorization would allow the applicant to seek a Type 21 License from the California Department of Alcoholic Beverage Control. This license would permit the sale of beer, wine, and distilled spirits for off-site consumption. The size of the existing store would not change.

Preliminary Recommendation: Disapproval

15. 2008.1383D (A. PUTRA: (415) 575-9079)

3944 21st STREET – north side between Collingwood Street and Castro Street; Lot 022B in Assessor's Block 2752 – Request for Discretionary Review of Building Permit Application No. 2008.05.13.1976, proposing the construction of a vertical addition to add a third story to an existing two-story, single-family house in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

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

16. EASTERN NEIGHBORHOODS PROGRAM – (K. RICH: (415) 558-6345)

Staff will present an informational update on progress with implementation of the Eastern Neighborhoods Program, which became law on January 19, 2009. Topics covered will include: Citizen's Advisory Committee (CAC), "EN Trips" study, open space planning, interpretations related to new Planning Code provisions, staff training program, "legitimization" program, pipeline projects, Mission Street study, historic preservation surveys. Information only - no action required.

17. 2009.0244Z (K. RICH: (415) 558-6345

2554-2574 MISSION STREET (aka 2550 MISSION STREET) – on the western side of the block between 21st and 22^nd Streets, Lots 007 in Assessor's Block 3616 – The Planning Commission will consider an ordinance, Board File # 090381, amending the San Francisco Zoning Map, pursuant to Planning Code Section 302 and 306.3, by amending the height district designation for property located at 2550 Mission Street, Assessor's Block 3616, Lot 007, between 21^st and 22^nd Streets to 65-X on Zoning Map Sheet ZN07; and making various findings, including environmental finding and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

The proposed Ordinance is before the Commission so that it may recommend adoption, rejection, or adoption with modifications to the Board of Supervisors, and adopt findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1.

Preliminary Recommendation: Approve

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

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

Adjournment (in Memory of Redmond Kernan):