May 21, 2009

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, May 21, 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. 2008.1008T (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.

(Continued from Regular Meeting of May 7, 2009)

(Proposed for Continuance to May 28, 2009)

2a. 2006.1431ECV (J. IONIN: (415) 558-6309)

1960-1998 MARKET STREET - northeast corner at Buchanan Street, Assessor's Block 0872, Lots 005, 006 and 007 - Consideration of Adoption of CEQA Findings and Request for Conditional Use Authorization under Planning Code Sections 228 (Service Station Conversion), 731.11 (Development Lot Size) and 731.94 (Residential Off-street Parking) for the conversion of a service station and construction of a U-shaped mixed-use development with up to 115 residential units over ground floor commercial and subterranean parking below for up to 91 off-street parking spaces. The project lies within an NCT-3 (Neighborhood Commercial Transit, Moderate-Scale) District, an 85-X Height and Bulk District and the recently adopted Market & Octavia Plan Area.

Preliminary Recommendation: Approval with Modifications and Conditions

(Continued from Regular Meeting of April 16, 2009)

NOTE: On April 16, 2009, following public testimony, the commission continued this item to 5/21/09 with instructions to Project Sponsor to reach out to the neighborhood more and continue working with staff on the design. Public hearing remains open (+7 -0).

(Proposed for Continuance to June 4, 2009)

2b. 2006.1431ECV (J. IONIN: (415) 558-6309)

1960-1998 MARKET STREET - northeast corner at Buchanan Street, Assessor's Block 0872, Lots 005, 006 and 007, located in an NCT-3 (Neighborhood Commercial Transit, Moderate-Scale) District, an 85-X Height and Bulk District and the recently adopted Market & Octavia Plan Area. REAR YARD, USABLE OPEN SPACE, AND EXPOSURE VARIANCES SOUGHT: The proposal is to demolish the service station and construct a U-shaped mixed-use development with up to 115 residential units over ground floor commercial and subterranean parking for up to 91 off-street parking spaces.

(Continued from Regular Meeting of April 16, 2009)

(Proposed for Continuance to June 4, 2009)

3. 2006.0430E (J. RANGE: (415) 575-9018)

870 Harrison Street - north side of Harrison Street between 4^th and 5^th Streets; Lot 019 of Assessor's Block 3752 - Appeal of Preliminary Mitigated Negative Declaration for the proposed demolition of an existing vacant industrial building and construction of a 65-foot tall mixed use Production Distribution and Repair (PDR) and residential building. The approximately 26,385 square foot (sf) building would include either 4,050 sf of ground floor PDR space or 2,560 sf of ground floor PDR space to accommodate a 25 percent at grade rear yard. The project would also include 26 dwelling units, with a total of 16 parking spaces. The project is located within the West South of Market neighborhood and is within a Residential/ Service District (RSD) and a 40-X/85-B height and bulk district.

Preliminary Recommendation: Uphold Preliminary Negative Declaration

(Proposed for Continuance to June 18, 2009)

4a. 2008.0788CV (A. Starr: (415) 558-6362)

50-52 GRENARD TERRACE - located in the middle of the block bounded by Van Ness Avenue, Lombard Street, Polk Street and Greenwich Street, Lot 009, in Assessor's Block 0502 - Request for Conditional Use Authorization under Planning Code Sections 253, 303 and 317 to construct a building higher than 40' in height and to demolish the two-unit, two-story over garage building with four bedrooms, and to construct a two-unit, three-story over garage with penthouse building with 5 bedrooms in a RH-3 (Residential, House, Three-Family) District and a 65-A Height and Bulk District.

Preliminary Recommendation: Disapprove

(Proposed for Continuance to June 4 2009)

4b. 2008.0788CV (A. Starr: (415) 558-6362)

50-52 GRENARD TERRACE - located in the middle of the block bounded by Van Ness Avenue, Lombard Street, Polk Street and Greenwich Street, Lot 009, in Assessor's Block 0502 - Request for Variances from the front setback and rear yard requirements pursuant to Sections 132 and 134 of the Planning Code, to allow the proposed building to be located within the required 6' front setback and to be located within the required 15' rear yard setback within an RH-3 (Residential, House, Three-Family) District and a 65-A Height and Bulk District.

(Proposed for Continuance to June 4, 2009)

5. 20092009.0262T (A. RODGERS: (415) 558-6395)

Amendments to the Planning Code Sections 263.20, 711.1, and 712.1: Special Height Exemption in District 11 along Randolph and Broad Streets. [Board File No. 090319]. Ordinance amending the San Francisco Planning Code by amending Section 263.20 to provide for a special height exception for ground floor uses in the NC-2 and NC-3 designated parcels along Randolph and Broad Streets, from 19th Avenue to San Jose Avenue; amending Sections 711.1 and 712.1, to refer to this special height exception; adopting findings, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

(Proposed for Indefinite Continuance)

E. 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. 2008.0479C (B. FU: (415) 558-6322)

1075 EVANS STREET - west side of Hunters Point Blvd., Lot 005, Assessor's Block 4603A - Request for Conditional Use Authorization under Planning Code Sections 711.83 and 790.80 to install a wireless telecommunications facility on a Location Preference 1 (Preferred Location – Publicly-used structures) according to the Wireless Telecommunications Services (WTS) Siting Guidelines and consist of two panel antennas on an existing 90'-7 tall lattice tower and related equipment on the ground as part of AT&T's wireless telecommunications network within a NC-2 (Small-Scale Neighborhood Commercial) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions.

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.

7. Consideration of Adoption:

• Draft Minutes of Regular Meeting of April 2, 2009.
• Draft Minutes of Regular Meeting of April 16, 2009.
• Draft Minutes of Regular Meeting of April 23, 2009.
• Draft Minutes of Regular Meeting of May 7, 2009.

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.

C. 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. (K. AMDUR: (415) 558-6351)

Egon Terplan, Economic Development and Governance Policy Director with SPUR, will give a presentation on "The Future of Downtown."

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. REGULAR CALENDAR

12. 2009.0314T (L. LANGLOIS: (415) 575-9063)

Amendments relating to Planning Code Section 249.42 of the India Basin Industrial Park Special Use District. - Ordinance introduced by Supervisor Maxwell amending Planning Code Sections 249.42 of the India Basin Industrial Park Special Use District to exempt certain parcels within the Special Use District from all minimum off-street parking requirements, while leaving existing accessory parking limits unchanged; making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval.

13. 2009.0277T (A. RODGERS: (415) 558-6395)

AMEND PLANNING CODE SECTION 218, 303, 790.60 AND 890.60 – Ordinance introduced by Supervisor Chu Creating New Controls for Massage: Amendments to Planning Code Sections 218, 303, 790.60, and 890.60 and Zoning Control Tables 218.1, 714.1, 715.1, 810.1, 811.1, and 812.1. [Board File No. 090402]. Ordinance amending Planning Code Sections 790.60, 890.60 and 218.1 to restrict permitted accessory massage uses and to make all other massage establishments, except chair massage in plain view of the public, subject to a conditional use permit; amending Planning Code Section 303 to list additional criteria for the Planning Commission to consider when analyzing conditional use applications for massage establishments; amending the tables at Sections 218.1, 714.1, 715.1, 810.1, 811.1, and 812.1, to change massage establishments from a permitted use to a conditional use in the PDR 1, or Light Industrial Buffer, and PDR 2, or Production, Distribution, and Repair Districts, and in the Broadway Neighborhood Commercial District, the Castro Neighborhood Commercial District, and the Chinatown Mixed Use Districts.

Preliminary Recommendation: Approval

14. 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.

(Continued from Regular Meeting of May 14, 2009)

15a. 2006.0884CEU (M. SMITH: (415) 558-6322)

1150 OCEAN AVENUE- north side between Phelan and Plymouth Avenues, Lot 003 in Assessor's Block 3180 – Request for Conditional Use Authorization pursuant to Planning Code Sections: 737.11, for development of a lot that is greater than 9,999 square-feet; 737.21, for development of a non-residential use size that is greater than 3,999 square-feet; 703.4, for a formula retail grocery store; 737.22, for parking at a ratio of 1:250 square-feet for a retail grocery store; and Planning Code Sections 303 and 304 to allow a Planned Unit Development (PUD) with a request for exceptions from Planning Code Sections: 134 (rear yard); 135 (open space dimensions); 136 (permitted obstructions over streets and alleys); and 145.4(c) (for a nonresidential use to occupy more than 75 contiguous linear feet along Ocean Avenue), for a project proposing the demolition of an existing commercial building and surface parking lot and the construction of two new mixed-use, five-story, 55-foot-tall buildings totaling approximately 318,300 gross square feet (gsf) with 237 off-street parking spaces. The project would include 173 dwelling units, approximately 29,205 gsf of ground-floor commercial uses that includes a formula retail grocery store (tenant not yet determined). The existing commercial building on the project site proposed for demolition is occupied by a retail automotive parts store (D.B.A.  Kragen ) and an automotive service station (D.B.A.  Wheel Works ). The project site is located within the Ocean Avenue NC-T (Neighborhood Commercial Transit) District and a 55-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

15b. 2006.0884CEU (M. SMITH: (415) 558-6322)

1150 OCEAN AVENUE- north side between Phelan and Plymouth Avenues, Lot 003 in Assessor's Block 3180 - Consideration of Adoption of CEQA Findings for a project proposing the demolition of an existing commercial building and surface parking lot and the construction of two new mixed-use, five-story, 55-foot-tall buildings totaling approximately 318,300 gross square feet (gsf) with 173 dwelling units, 237 off-street parking spaces, and approximately 29,205 gsf of ground-floor commercial uses that includes a formula retail grocery store (tenant not yet determined). The project site is located within the Ocean Avenue NC-T (Neighborhood Commercial Transit) District and a 55-X Height and Bulk District.

Preliminary Recommendation: Approve the Draft Motion Adopting the CEQA Findings.

15c. 2006.0884CEU (M. SMITH: (415) 558-6322)

1150 OCEAN AVENUE- north side between Phelan and Plymouth Avenues, Lot 003 in Assessor's Block 3180 - Request for Approval of the In-Kind Agreement between the City and County of San Francisco and the project sponsor pursuant to Section 330.3(f) of Ordinance 61-09 in order to reduce the project's Fee obligation to the Balboa Park Community Improvements Fund for a project proposing the demolition of an existing commercial building and surface parking lot and the construction of two new mixed-use, five-story, 55-foot-tall buildings totaling approximately 318,300 gross square feet (gsf) with 173 dwelling units, 237 off-street parking spaces, and approximately 29,205 gsf of ground-floor commercial uses that includes a formula retail grocery store (tenant not yet determined). AvalonBay Communities, Inc. and Pacific Resources LLC (collectively the  Project Sponsor ) have requested that the City enter into an In-Kind Agreement relating to a public sidewalk easement (known as the  Brighton Avenue Public Sidewalk Easement ) and the construction of a street (known as the  Lee Avenue Extension ), in order to reduce its fee obligation per the terms of the Ordinance. The project site is located within the Ocean Avenue NC-T (Neighborhood Commercial Transit) District and a 55-X Height and Bulk District.

Preliminary Recommendation: Approve the In-Kind Agreement

16. 2006.0401D (E. WATTY: (415) 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.

(Continued from Regular Meeting of April 23, 2009)

F. PUBLIC COMMENT

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting with one exception. When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Commission has closed the public hearing, your opportunity to address the Commission must be exercised during the Public Comment portion of the Calendar. Each member of the public may address the Commission for up to three minutes.

The Brown Act forbids a commission from taking action or discussing any item not appearing on the posted agenda, including those items raised at public comment. In response to public comment, the commission is limited to:

(1) responding to statements made or questions posed by members of the public; or

(2) requesting staff to report back on a matter at a subsequent meeting; or

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

Adjournment: