May 14, 2009

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, May 14, 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. 2009.0261T (A.RODGERS: (415) 558-6395)

Amendments to Planning Code Sections 803.4 and 815: Massage Services in South of Market Residential/Service Mixed Use District. [Board File No. 09-0321] - Ordinance introduced by Supervisor Dufty amending San Francisco Planning Code by amending Section 803.4 Uses Prohibited in SoMa Districts, Section 815 Residential/Service Mixed Use District, and Table 815 to allow a business operating as a full-service spa to provide massage services with a Conditional Use authorization; defining a  full-service spa 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 modification.

(Proposed for Continuance to May 21, 2009)

2. 2005.0979E (D. LEWIS: (415) 575-9095)

FOX PLAZA EXPANSION (1390 MARKET STREET) - Appeal of a Mitigated Negative Declaration. The project site (Assessor's Block 0813, Lot 006) is located on the northwest corner of Market and 9^th Streets in the Downtown/Civic Center area. The proposed project would demolish an existing two-story retail and office building and construct a new 120-foot-tall, 11-story building containing up to 250 dwelling units and approximately 19,880 gross square feet of ground-floor retail use. There would be no change to the existing Fox Plaza mixed-use tower, and no new parking would be provided (18 existing spaces would be removed); parking for the new residential units would be within the existing two-level basement garage at Fox Plaza, accessed from Hayes Street. The project site is located in a C-3-G (Downtown General Commercial) Use District and a 120-X/200-S Height and Bulk District.

Preliminary Recommendation: Uphold Mitigated Negative Declaration

(Proposed for Continuance to May 28, 2009)

3. 2009.0268T (T. SULLIVAN: (415) 558-6257)

Amendments to Planning Code by adding Section 790.107 to define a Philanthropic Administrative Service Use [Board File No. 09-0367]. Ordinance introduced by Supervisor Alioto-Pier that would add Section 790.107 to define a Philanthropic Administrative Service Use and by adding 718.85 to the Zoning Control Table in Section 718 to authorize a Philanthropic Administrative Service Use as a permitted use in the Upper Fillmore Street Neighborhood Commercial District; amending Sheet NZ02 of the Zoning Maps of the City and County of San Francisco to change the zoning for Assessor's Block 0630, Lot 032 (2503 Clay Street) from RH-2 to NCD; 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.

(Proposed for Continuance to May 28, 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: Approval with Conditions

(Continued from Regular Meeting of April 23, 2009)

(Proposed for Continuance to July 9, 2009)

5a 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 April 16, 2009)

REQUESTS FOR DISCRETIONARY REVIEW WITHDRAWN

5b. 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 April 16, 2009)

NOTE: As a result of the withdrawal of the requests for Discretionary Review, this item will be moved to the Variance Calendar and is tentatively scheduled to be heard by the Zoning Administrator on Wednesday, May 27, 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.

6. Consideration of Adoption:

• Draft Minutes of Regular Meeting of January 22, 2009.
• Draft Minutes of Regular Meeting of March 5, 2009.

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.

C. DIRECTOR'S REPORT

8. Director's Announcements

9. 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.

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

10. 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 23, 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 April 9, 2009.

G. REGULAR CALENDAR

(S. DENNIS PHILLIPS (415) 558-6314)

11. RECREATION AND OPEN SPACE ELEMENT UPDATE - Informational presentation of the draft for public review of the Recreation and Open Space Element of the City's General Plan. The Planning Department, the Mayor's Office of Greening and the Recreation and Parks Department have been working with the Mayor's Open Space Task Force and the community at large to develop a comprehensive framework for the future of open space in San Francisco. A major component of this framework is an update to the Recreation and Open Space Element (lasted updated in 1986), which provides the goals, objectives, and policies that will guide open space development, acquisition, preservation and priorities for the City over the next 25 years. This presentation will introduce the major themes of the update to aid in Commissioner and public review; subsequent hearings will be scheduled for further discussion and revisions to the draft through the summer and fall. No action is required at this time.

12. 2007.0584C (E. Watty: (415) 558-6620)

2298 MARKET STREET - northeast corner at Noe Street; Lot 015 in Assessor's Block 3560 - Report on Compliance with Conditions of Approval, pursuant to the Conditions of Approval imposed under Motion No. 17518, in relation to the authorization for extended hours of operation and  other entertainment for the existing large fast-food restaurant, dba Café Flore. The Department will present a report regarding compliance with those Conditions of Approval and ask the Commission to consider extending the permissible hours of operation for the outdoor patio area, as provided under Condition No. 9 of Motion No. 17518. The Subject Property is located in the Upper Market Transit Oriented Neighborhood Commercial District and 50-X Height and Bulk District.

Preliminary Recommendation: Find the Use in Compliance with the Conditions of Approval.

13. (E. WATTY: (415) 558-6620)

The Health Commission is seeking comments from the Planning Commission regarding the information that they would find useful for the Health Planner's review of CPMC's IMP. Alicia Neumann from the Health Department will provide a presentation.

14a. 2007.1464EKXCV (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.

(Continued from Regular Meeting of May 7, 2009)

14b. 2007.1464EKXCV (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.

(Continued from Regular Meeting of May 7, 2009)

14c. 2007.1464EKXCV (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.

(Continued from Regular Meeting of May 7, 2009)

15. 2008.0194C (S. LAI: (415) 575-9087)

4092-4096 18^TH STREET (a.k.a. 499 Castro Street) - northeast corner of Castro Street and 18^th Street; on Lot 057 in Assessor's Block 3582 - Request for Conditional Use authorization under Planning Code Sections 715.49 and 303, to establish a financial service, retail bank, (DBA  Chase ), within the Castro (Neighborhood Commercial District) and a 65-B Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

16a. 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 April 9, 2009)

NOTE: On April 9, 2009, following public testimony, the commission continued this item and item 16b to May 14, 2009 with instructions to the project sponsor to engage in community outreach and work with Department staff and the neighbors on design and the concerns of the neighbors. Public hearing remains open.

16b. 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 April 9, 2009)

NOTE: On April 9, 2009, following public testimony, the commission continued this item and item 12a to May 14, 2009 with instructions to the project sponsor to engage in community outreach and work with Department staff and the neighbors on design and the concerns of the neighbors. Public hearing remains open.

17. 2007.0128E (L. KIENKER: (415) 575-9036)

2901 CALIFORNIA STREET - southwest corner of California and Broderick Streets, Lots 095 and 003, 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.

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

(Continued from Regular Meeting of April 23, 2009)

18a. 2007.0128CV (A. STARR: (415) 575-6810)

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, 1999 (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.

Preliminary Recommendation: Approval with conditions

(Continued from Regular Meeting of April 23, 2009)

18b. 2007.0128CV (A. STARR: (415) 575-6810)

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 and permitted obstruction requirements pursuant to Sections 134 and 136(d)(2) of the Planning Code, to allow the proposed building expansion to be located within the required rear yard and to construct a bay window projecting over the sidewalk that does not conform to the size limitations outlined in the Planning Code. The Zoning Administrator will consider the request following the Planning Commission's consideration of the Conditional Use authorization.

(Continued from Regular Meeting of April 23, 2009)

19. 2008.0327D (A. PUTRA: (415) 575-9079)

2012 14^th AVENUE - east side between Radio Terrace and Quintara Street; Lot 001 in Assessor's Block 2133A - Request for Discretionary Review of Building Permit Application No. 2008.01.09.2158, proposing construction of a two-story addition at the rear of an existing two-story over garage level, single-family house in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

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

20a. 2008.1257DV (S. VELLVE: (415) 558-6283)

464 HICKORY STREET - north side between Buchanan and Laguna Streets; Lot 022A in Assessor's Block 0830 - Request for Discretionary Review of Building Permit Application No. 2008.09.26.2732, proposing to legalize a second dwelling unit constructed without the benefit of permits on the ground floor of the existing single-family dwelling within an RTO (Residential, Transit Oriented) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and disapprove the project.

20b. 2008.1257DV (S. VELLVE: (415) 558-6283)

464 HICKORY STREET - north side between Buchanan and Laguna Streets; Lot 022A in Assessor's Block 0830 - Request for Variance of the open space (Planning Code Section 135) and dwelling unit exposure standards (Planning Code Section 140) in conjunction with the legalization of a second dwelling unit pursuant to Building Permit Application No. 2008.09.26.2732 within in an RTO (Residential, Transit Oriented) District

6:30 P.M

21a. 2009.0227TU (E. Forbes: (415) 558-6417)

DISCRETIONARY REVIEW REFORM: COMMISSION POLICIES AND PROCEDURES - Consideration of adoption of policies and procedures to reform discretionary review, including implementation of an improved and standardized pre-application process, improved public information access, a more consistent and predictable design review process, a definition and application of "exceptional and extraordinary circumstances", renaming the "Residential Design Guidelines" to "Residential Design Standards," allowing requests for Planning Department reconsideration of Residential Design Standards application, and a defined timeline for the processing of discretionary review applications.

Preliminary Recommendation: Adoption

NOTE: On April 2, 2009, following public testimony, the Commission passed a motion to continue the item to the call of the chair

21b. 2009.0227TU (E. Forbes: (415) 558-6417)

DISCRETIONARY REVIEW REFORM: AMENDMENTS TO PLANNING CODE SECTIONS 311 AND 312 - an Ordinance to amend Planning Code Sections 311, 312, 352 and 355, to state that a request for discretionary review will be heard by the Planning Commission or its designee, if the application demonstrates exceptional and extraordinary circumstances, to change all Planning Code references of the "residential design guidelines" to "residential design standards," to enjoin project sponsors from requesting discretionary review on their own projects , to amend Planning Code Section 352 to clarify that Mandatory Discretionary Reviews includes Planning Department initiated reviews, and to amend Planning Code Section 355 to allow for the collection and refund of fees associated with Planning Department reconsideration of Residential Design Standards application, and to adopt environmental and Planning Code Section 302 findings.

Preliminary Recommendation: Recommend adoption to the Board of Supervisors

NOTE: On April 2, 2009, following public testimony, the Commission adopted a resolution of intent to initiate Code amendments for hearing on May 14, 2009.

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: