May 28, 2009

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, May 28, 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. 2009.0319X (C. TEAGUE: (415) 575-9081)

340 FREMONT STREET - south side between Harrison and Folsom Streets, Lots 006 to 009 in Assessor's Block 3748 - Request under Planning Code Sections 309.1, 825 and 827 for the authorization of a change in previously approved conditions of approval to extend the performance period within the RH DTR (Rincon Hill Downtown Residential Mixed Use) District with a 85/250-R Height And Bulk Designation.

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to June 11, 2009)

2. 2009.0237X (B. FU: (415) 558-6613)

399 Fremont Street - northeast corner of Harrison and Fremont Streets, Lot 002 in Assessor's Block 3747 - Request under Planning Code Sections 309.1, 825 and 827 for the authorization of a change in previously approved conditions of approval to extend the performance period within the RH DTR (Rincon Hill Downtown Residential Mixed Use) District With A 85/400-R Height And Bulk Designation.

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to June 11, 2009)

3. 2009.0191X (B. FU: (415) 558-6613)

45 Lansing Street - south side of Lansing Street on a through lot that also fronts Harrison Street, between First and Essex Streets, Lot 059 in Assessor's Block 3749 - Request under Planning Code Sections 309.1, 825 and 827 for the authorization of a change in previously approved conditions of approval to extend the performance period within the RH DTR (Rincon Hill Downtown Residential Mixed Use) District With A 65/400-R Height And Bulk Designation.

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to June 11, 2009)

B. COMMISSIONERS' QUESTIONS AND MATTERS

4. Commission Comments/Questions

• Inquiries/Announcements. Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).
• Future Meetings/Agendas. At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.

C. DIRECTOR'S REPORT

5. Director's Announcements

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

7. (L. Badiner: (415) 558-6350)

Informational Hearing to discuss the Department's implementation of Planning Commission decisions including: (1) conditions of approval, and (2) conformity with approved plans and permissible design refinement.

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.

1. REGULAR CALENDAR

8. 2009.0381U (S. WERTHEIM: (415) 558-6612)

PROPOSED LEGISLATION ADDING WESTERN SOMA SEAT TO THE EASTERN NEIGHBORHOODS CITIZENS ADVISORY COMMITTEEPROPOSED LEGISLATION REGARDING EASTERN NEIGHBORHOODS CITIZENS ADVISORY COMMITTEE - The Planning Commission will consider providing comments on a proposed Board Ordinance amending the Administrative Code Sec. 10E.9 that would enable the Western SoMa Planning Area Task Force to appoint a seat to the Eastern Neighborhoods Citizens Advisory Committee. The Planning Commission will also consider providing comments on a proposal to enable the District 9 Supervisor to appoint an additional seat to the Eastern Neighborhoods Citizens Advisory Committee.

Preliminary Recommendation: Approval with modifications

9. 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 21, 2009)

10. 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.

(Continued from Regular Meeting of May 14, 2009)

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

JAPANTOWN BETTER NEIGHBORHOOD PLAN - First of Two Informational Presentations on the Draft Japantown Better Neighborhood Plan. This two year community planning process has resulted in a draft plan that is seeking endorsement by the Commission on June 25^th. The two informal presentations will be organized by topics. This presentation will provide an overview of the planning process and focus on the Draft Plan's recommendations for community and economic development and community heritage. The presentation on June 4th will focus on recommendations for land use, built form and public realm.

Preliminary Recommendation: No action required.

12. 2009.0126C (D. SÁNCHEZ: (415) 575-9082)

2760 24^TH STREET – north side, between York and Hampshire Streets; Lot 016 in Assessor's Block 4210 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 727.26, 727.69A and 303 to allow for the legalization of a Self-Service Specialty Food use (dba Dynamo Donuts) with Walk-Up Facilities within the 24^th Street – Mission Neighborhood Commercial Transit District and a 55-X Height and Bulk District

Preliminary Recommendation: Approval with conditions

13. 2009.0029C (M. WOODS: (415) 558-6315)

3208 SCOTT STREET – (AKA 2396 - 98 LOMBARD STREET) - northeast corner at Lombard Street; Lot 022 in Assessor's Block 0489 - Request for Conditional Use Authorization to allow a conversion from residential use to a medical service use for a dental office (dba Cable Car Dental) pursuant to Sections 303(c), 317 and 712.38 of the Planning Code, in the NC-3 (Moderate-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

14. 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

(Continued from Regular Meeting of May 14, 2009)

15. 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

(Continued from Regular meeting of May 7, 2009)

6:30 P.M.

16a. 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.

(Continued from Regular meeting of May 7, 2009)

16b. 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.

(Continued from Regular meeting of May 7, 2009)

17. 2009.0256D (S. VELLVE: (415) 558-6263)

1760-1770 FILBERT STREET - north side between Gough and Octavia Streets; Assessor's Block 0520, Lot 012 - Request for Discretionary Review of Building Permit Application No. 2008.01.27.5213 proposing to legalize an approximately 10-foot wide one-story side horizontal addition to the east property line (not visible from the street) to an existing 16-unit building located in an RH-3 (House, Three-Family) Zoning District and 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve with modifications.

18a. 2009.0048DV (S. VELLVE: (415) 558-6263)

316-318 MAPLE STREET - east side between Clay and Sacramento Streets; Assessor's Block 1012, Lot 022 - Mandatory Discretionary Review, pursuant to Section 317 of the Planning Code, of Building Permit Application No. 2007.12.18.0719 proposing to reconfigure the existing three-story five-unit building into three dwelling units in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and deny the Dwelling Unit Merger.

18b. 2009.0048DV (S. VELLVE: (415) 558-6263)

316-318 MAPLE STREET - east side between Clay and Sacramento Streets; Assessor's Block 1012, Lot 022 - Request for Rear Yard and Noncomplying Structure Variances pursuant to Sections 134 and 188 of the Planning Code to allow the construction of an approximately 7' x 18' addition at the rear of the first floor of a three-story building containing five dwelling units (proposed to contain three) located in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

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: