May 7, 2009

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, May 7, 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.

1a. 2007.1464!CEKVX (A. HOLLISTER: (415) 575-9078)

1036 MISSION STREET - north side between Sixth and Seventh Streets, a through-lot to Jessie Street - Review under Planning Code Section 309 of new construction of a nine- to 13-story, 120-foot-tall, mixed-use building containing approximately 100 all-affordable dwelling units, ground floor retail space, common community space and no off-street parking spaces, requiring the granting of exceptions for rear-yard area, building bulk, freight loading and height limits for vertical extensions on Lots 079 & 080 in Assessor's Block 3703, in a C-3-G (Downtown General Commercial) District and a 120-F Height and Bulk District.

(Proposed for Continuance to May 14, 2009)

1b. 2007.1464!CEKVX (A. HOLLISTER: (415) 575-9078)

1036 MISSION STREET - north side between Sixth and Seventh Streets, a through-lot to Jessie Street - Request for authorization of Conditional Use pursuant to Planning Code Section 124(f) for additional floor area (up to an FAR of 7.7:1) above the base FAR of 6.0:1 of floor area to be devoted to affordable housing in conjunction with the construction of a nine- to 13-story, 120-foot-tall, mixed-use building containing approximately 100 all-affordable dwelling units, ground floor retail space, common community space and no off-street parking spaces, Lots 079 & 080 in Assessor's Block 3703, in a C-3-G (Downtown General Commercial) District and a 120-F Height and Bulk District.

(Proposed for Continuance to May 14, 2009)

1c. 2007.1464!CEKVX (A. HOLLISTER: (415) 575-9078)

1036 MISSION STREET - north side between Sixth and Seventh Streets, a through-lot to Jessie Street - Request for Variance of the dwelling-unit-exposure standards (Planning Code Section 140), usable open space standards (Planning Code Section 135) and standards for a vertical projection over a public right-of-way in conjunction with the construction of a mixed use building containing approximately 100 all affordable dwelling units, ground floor retail space, common community space and no off-street parking spaces on Lots 079 & 080 in Assessor's Block 3703, in a C-3-G (Downtown General Commercial) District and a 120-F Height and Bulk District.

(Proposed for Continuance to May 14, 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 April 9, 2009)

(Proposed for Continuance to May 28, 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 April 9, 2009)

(Proposed for Continuance to May 28, 2009)

3a. 2006.1287D (B. FU: (415) 558-6613)

71 Bishop Street - east side between Ankeny and Harkness Streets, Lots 012 and 013 in Assessor's Block 6168 - Mandatory Discretionary Review pursuant to Planning Code Section 317, of Building Permit Application No. 2006.11.03.6812, proposing the demolition of a one-story over garage, single-family dwelling, located in the RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District.

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

Proposed for Continuance to May 28, 2009)

3b. 2009.0228D (B. FU: (415) 558-6613)

71 Bishop STREET - east side between Ankeny and Harkness Streets, Lots 012 and 013 in Assessor's Block 6168 - Mandatory Discretionary Review pursuant to Planning Code Section 317, of Building Permit Application No. 2006.11.03.6814, proposing the construction of two new two-story over garage, single-family dwellings, located in the RH-1 (Residential, House, One-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 28, 2009)

4. 2005.0979XE (R. CRAWFORD: (415) 558-6358)

1390 Market Street (aka Fox Plaza) - between Polk and Larkin Streets Lot 006, of Assessor's Block 0813 - Request under Planning Code Sections 309.1, 148, and 152.1 for determinations of compliance and exceptions for reduction of ground level wind currents, and off street loading. The project would demolish the existing two-story retail and office building adjacent to the existing Fox Plaza office/residential tower and construct a new 120-foot-tall, 11-story building containing up to 250 residential units above approximately 19,880 gross square feet of retail use on the ground floor. This project lies within a C-3-G (Downtown, General Commercial) District and within the 120-X and 200-S Height and Bulk Districts.

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to June 11, 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

5. 2009.0046C (J. MILLER: (415) 558-6344)

367 BAY STREET- south side between Powell and Mason Streets, Lot 031 in Assessor's Block 0041 - Request for Conditional Use authorization pursuant to Section 218.1 of the Planning Code for a new massage establishment, in a C-2 (Community Business) District, the Northern Waterfront Special Use District No. 2, and within a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

6a. 2008.1401CV (T. FRYE: (415) 575-6822)

995-999 SUTTER STREET - between Hyde and Leavenworth Streets, Assessor's Block 0300; Lot 012 - Request for Conditional Use approval to allow the construction of a building over 40-feet within a residential zoning district with reduced parking. The project is to construct a 5-story, mixed-use development on the existing surface parking lot. The project includes 3 residential units and ground floor retail commercial space. The Zoning Administrator will hear a related exposure variance and rear yard modification. The subject property is within the Lower Nob Hill Apartment Hotel National Register District, the RC-4 (Residential-Commercial, High Density) District, and a 130-E Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

6b. 2008.1401CV (T. FRYE: (415) 575-6822)

995-999 SUTTER STREET - between Hyde and Leavenworth Streets, Assessor's Block 0300; Lot 012 - Request for Variance for exposure and a rear yard modification. The subject property is within the Lower Nob Hill Apartment Hotel National Register District, the RC-4 (Residential-Commercial, High Density) District, and a 130-E Height and Bulk District.

C. COMMISSIONERS' QUESTIONS AND MATTERS

7. 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

8. Director's Announcements

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

10. (S. DOWDEE: (415) 558-6259)

2008 HOUSING INVENTORY REPORT - Informational only - Announcing the publication of the 2008 Housing Inventory report. This report is the 39th in the series and describes San Francisco's housing supply. Housing Inventory data accounts for new housing construction, demolitions, and alterations in a consistent format for analysis of housing production trends. Net housing unit gains are reported citywide, by zoning classification, and by planning district. Other areas covered include affordable housing, condominium conversions, and residential hotel stock. In addition, lists of major housing projects completed and approved for construction in 2008 are provided. A list of affordable housing projects in the pipeline (projects in various stages of review or pre-construction planning) is included to provide a picture of likely housing construction activity in the near future. Report is available for the public at the Planning Department and on the website.

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.

F. REGULAR CALENDAR

11. 2008.0135TZ (T. SULLIVAN: (415) 558-6257)

Amendments relating to Planning Code Section 227(v) to create a special definition for Tobacco Paraphernalia Establishments applicable in the Haight Street Neighborhood Commercial District and in the Lower Haight Street Tobacco Paraphernalia Restricted Use District, as defined [Board File No. 09-0141]. Ordinance introduced by Supervisor Mirkarimi amending Planning Code Section 227(v) to create a special definition for Tobacco Paraphernalia Establishments applicable in the Haight Street NDC and in the Lower Haight Street Tobacco Paraphernalia Restricted Use District, as defined; amending Section 790.123 to refer to this special definition; amending 719.1 and the Table at Section 719 to make Tobacco Paraphernalia Establishments, as defined, not permitted in the Haight Street NCD; adding new Section 786, to create the Lower Haight Street Tobacco Paraphernalia Restricted Use Subdistrict; amending Section 186.1, to change the period of non-use for a nonconforming Tobacco Paraphernalia Establishment use to be deemed discontinued in the Haight Street NCD and in the newly created Lower Haight Street Tobacco Paraphernalia Restricted Use Subdistrict from three years to 18 months; amending Special Use District Map SU 07 of the Zoning Map of the City and County of San Francisco, to reflect the new Lower Haight Street Tobacco Paraphernalia Restricted Use Subdistrict; making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval.

(Continued from the Regular Meeting of April 16, 2009)

12. 2008.1008T (T. SULLIVAN: (415) 558-6257)

Amendments to Planning Code by amending Appendix K of Article 10: Bush Street/Cottage Row Historic District[Board File No. 08-1251]. Ordinance introduced by Supervisor Mirkarimi to amend to Appendix K of Article 10 of San Francisco Planning Code: Bush Street/Cottage Row Historic District, by adding a new Section 7 to set forth additional requirements for Certificates of Appropriateness; and adopting findings, including Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval.

13. 2008.0388D (S. VELLVE: (415) 558-6263)

2608 POST STREET - north side between Lyon Street and Presidio Avenue; Lot 008 in Assessor's Block 1073 - Request for Discretionary Review of Building Permit Application No. 2006.05.31.2874 proposing to construct a new four-story building containing two dwelling units at the front of the subject lot, which currently contains a two-story structure with one dwelling unit at the rear of the lot, within an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and Approve

(Continued from Regular Meeting of April 16, 2009)

14a. 2009.0161D (A. STARR: (415) 558-6362)

2948-2950 FILLMORE STREET - east side between Union and Green Streets; Lot 017 in Assessor's Block 0540- Mandatory Discretionary Review of Building Permit Application No. 2008.07.28.7809 (demolition); proposing to demolish the existing three-story, two-unit building and construct a four-story, three-unit building in an 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 Project

14b. 2008.0322D (A. STARR: (415) 558-6362)

2948-2950 FILLMORE STREET - east side between Union and Green Streets; Lot 017 in Assessor's Block 0540 - Mandatory Discretionary Review of Building Permit Application No. 2008.07.28.7807 (new construction); proposing to demolish the existing three-story, two-unit building and construct a four-story, three-unit building in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and Modify the Project

14c. 2008.0322V (A. STARR: (415) 558-6362)

2948-2950 FILLMORE STREET - east side between Union and Green Streets; Lot 017 in Assessor's Block 0540 - Request for a Variance from the rear yard requirements of Section 134 of the Planning Code to allow the proposed new four-story, three-unit building to encroach approximately 7' into the required rear yard, and the proposed 4th floor to extend approximately 13' beyond the required 4th floor 10' setback line above 30' in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

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

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

Adjournment: