September 17, 2009

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, September 17, 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. (C. Nikitas: (415) 558-6306)

Review of Demolition Ordinance & Policies - On April 18, 2008, the Board of Supervisors unanimously passed Ordinance 69-08 [BF 080210] which established Planning Code Section 317 to regulate the loss of dwelling units. Over a year after its implementation, the Ordinance will be reviewed at a public hearing. The Planning Commission will discuss the intent of the Ordinance; the efficacy of the Ordinance in general; and specific planning policies and procedures related to review for loss of dwelling units, including loss due to institutional expansion. Legislation introduced by Supervisor Mirkarimi that would amend Section 317 to require replacement of sound housing will be presented and discussed, prior to action on that legislation at a hearing on or after October 15, 2009.

Preliminary Recommendation: Informational Only - No Action To be Taken

(Proposed for Continuance to September 24, 2009)

2. 2009.0424C (K GUY: (415) 558-6163)

565 GREEN STREET- between Columbus and Grant Avenues, Lot 020 of Assessor's Block 0131 - Request for Conditional Use Authorization to add live entertainment to an existing restaurant and wine bar (dba "dell'uva") at 565 Green Street, within the North Beach Neighborhood Commercial District, the 40-X Height and Bulk District, and the North Beach Special Use District.

Preliminary Recommendation: Disapproval

(Proposed for Continuance to October 1, 2009)

3. 2009.0322C (T. FRYE: (415) 575-6822)

617 SANSOME STREET - between Jackson and Washington Streets, Assessor's Block 0196; Lot 002 - Request for a Conditional Use Authorization pursuant to Sections 249.25 and 303 of the Planning Code to change the legal use of the property from retail use to office use. The subject property is within a C-2 (Community Business) District with a 65-A Height and Bulk District, the Jackson Square Special Use District, and within the Jackson Square Historic District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of August 6, 2009)

(Proposed for Continuance to October 15, 2009)

4. 2008.0395E (I. NISHIMURA: (415) 575-9041)

2130 Fulton Street - University of San Francisco Center for Science and Innovation - north side, between Golden Gate, Masonic, and Parker Avenues; Lot 003 in Assessor's Block 114 - Public Hearing on an Appeal of the Preliminary Mitigated Negative Declaration. The approximately 80,000-square-foot project site is on the Main Campus of the University of San Francisco, in the existing Harney Green and Harney Plaza area. The proposed project includes removal of Harney Green and Plaza; site excavation; and construction of a three-story with a partial fourth floor, 53-foot high building with a partial basement, which would connect on all floors to the south end of the existing Harney Science Building, and a below-grade, two-level structure, which is also a component of the proposed project. The roof of this building would serve as a new plaza and pedestrian area. Together, the new structures would have approximately 60,000 square feet of classrooms, laboratories, instrumentation rooms, and building mechanical/support spaces. The project site is within an RH-2 (Residential, House, Two-Family) District and an 80-D Height and Bulk District. The proposed project would require Conditional Use Authorization for a post-secondary institutional use in an RH-2 District, and for exceeding a building height of 40 feet in an R District.

Preliminary Recommendation: Uphold Mitigated Negative Declaration

(Proposed for continuance to Thursday, November 5, 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. 2009.0680Q (D. SÁNCHEZ: (415) 575-9082)

2540 - 2550 HYDE STREET,- east side between Bay and Francisco Streets, Lot 046 in Assessor's Block 0045 - Public hearing, under Article 9 of the Subdivision Code, to determine consistency of a proposed six-unit Condominium-Conversion Subdivision with the General Plan located in a RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District. The proposal is to convert the existing six-unit building to a condominium form of ownership and does not involve expansion, alteration or demolition of the existing building.

Preliminary Recommendation: Approval

C. 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 September 3, 2009.

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

7. Director's Announcements

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

E. GENERAL PUBLIC COMMENT – 15 MINUTES

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting. Each member of the public may address the Commission for up to three minutes.

1. REGULAR CALENDAR

9a. 2006.0825CVS (E. Jackson: (415) 558-6363)

782-786 ANDOVER STREET - west side between Ellsworth Street and Benton Avenue, Lots 007-009 in Assessor's Block 5825 - Request for Conditional Use Authorization pursuant to Planning Code Sections 242(f) and 303 to allow the new construction of six dwelling units on three consecutive lots within an RH-2 (Residential, House, Two-Family) Zoning District, a 40-X Height and Bulk District, and the South Slope of the Bernal Heights Special Use District. The project also includes a Subdivision Application for the proposal to reconfigure the three lots 90 degrees from the existing pattern.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of September 10, 2009)

9b. 2006.0825CVS (E. Jackson: (415) 558-6363)

782-786 ANDOVER STREET - west side between Ellsworth Street and Benton Avenue, Lots 007-009 in Assessor's Block 5825 - Request for Lot Width, Lot Area, and Parking Variances pursuant to Planning Code Sections 121(d), 121(e), and 242(e)(4) to allow the new construction of six dwelling units on three consecutive lots within an RH-2 (Residential, House, Two-Family) Zoning District, a 40-X Height and Bulk District, and the South Slope of the Bernal Heights Special Use District. The Zoning Administrator will consider the Variance application concurrently with the Planning Commission. The project also includes a Subdivision Application for the proposal to reconfigure the three lots 90 degrees from the existing pattern.

(Continued from Regular Meeting of September 10, 2009)

10. (S. Wertheim: (415) 558-6612)

PORTOF SAN FRANCISCO, PIER 70 PREFERRED MASTER PLAN (bound by Mariposa, Illinois and 22nd Streets) - Assessor's Parcel 9900 Lots 068 & 070. Informational Presentation by the Port of San Francisco on the Pier 70 Draft Preferred Master Plan. In 2007, the Port of San Francisco initiated a community based planning process to develop a Preferred Master Plan for the Port's 65-acre Pier 70 site, which will lead to an update of the Port's Waterfront Land Use Plan policies for Pier 70. This planning effort included coordination with the Planning Department through the Central Waterfront and Eastern Neighborhoods Planning process. This informational presentation will focus on the planning process and key components of the draft Plan including the historic preservation strategy, land use, urban design, open space, transit and circulation, new development and comments received to date. The presentation will also outline how the Port and Planning department will continue to coordinate their efforts to maintain consistency between the Port and City Land Use Plans.

Preliminary Recommendation: Informational Only.

11a. 2007.0921DD (A. Starr: (415) 558-6362)

673-675 44^th AVENUE - west side between Balboa and Anza Streets; Lot 012 in Assessor's Block 1587 - Mandatory Discretionary Review of Building Permit Application No. 2007.09.20.3151 (demolition); proposing to demolish the existing two-story, two-family dwelling, subdivide the lot and construct two, four-story, two-family buildings in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve Project

(Continued from Regular Meeting of September 10, 2009)

Note: On September 10, 2009, following public testimony, the Commission continued the matter to September 17, 2009 by a vote of +7 -0. Public hearing remains open.

11b. 2007.0921DD (A. Starr: (415) 558-6362)

673-675 44^th AVENUE - west side between Balboa and Anza Streets; Lot 012 in Assessor's Block 1587 - Request for Discretionary Review of Demolition Permit Application No. 2007.09.20.3151; proposing to demolish the existing two-story, two-unit building in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve Project

(Continued from Regular Meeting of September 10, 2009)

Note: On September 10, 2009, following public testimony, the Commission continued the matter to September 17, 2009 by a vote of +7 -0. Public hearing remains open.

11c. 2008.1155D & 2008.1156D (A. Starr: (415) 558-6362)

673-675 44^th AVENUE - west side between Balboa and Anza Streets; Lot 012 in Assessor's Block 1587 - Mandatory Discretionary Review of Building Permit Application Nos. 2007.09.20.3152 and 2007.09.20.3157 (new construction); proposing to demolish the existing two-story, two-family dwelling, subdivide the lot and construct two, four-story, two-family buildings in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and Modify Project

(Continued from Regular Meeting of September 10, 2009)

Note: On September 10, 2009, following public testimony, the Commission continued the matter to September 17, 2009 by a vote of +7 -0. Public hearing remains open.

11d. 2008.1213D (A. Starr: (415) 558-6362)

673-675 44^th AVENUE - west side between Balboa and Anza Streets; Lot 012 in Assessor's Block 1587 - Request for Discretionary Review of Building Permit Application Nos. 2007.09.20.3152 and 2007.09.20.3157; proposing to construct two new, four-story, two-unit buildings in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and Modify Project

(Continued from Regular Meeting of September 10, 2009)

Note: On September 10, 2009, following public testimony, the Commission continued the matter to September 17, 2009 by a vote of +7 -0. Public hearing remains open.

12a. 2008.0315D (E. Watty: (415) 558-6620)

829 CORBETT AVENUE - east side of Corbett Avenue between Argent and Dixie Allies, Lot 016 in Assessor's Block 2778 - Mandatory Discretionary Review pursuant to Planning Code Section 317, of Building Permit Application No. 2008.12.29.9251, proposing the demolition of a single-family dwelling, located in the RM-1 (Residential Mixed, Low-Density) 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 September 3, 2009)

12b. 2009.0062D (E. Watty: (415) 558-6620)

829 CORBETT AVENUE - east side of Corbett Avenue, between Argent and Dixie Allies, extending through to Market Street, Lots 016 & 029 in Assessor's Block 2778 - Mandatory Discretionary Review pursuant to Planning Code Section 317, of Building Permit Application No. 2008.12.29.9248, proposing the construction of a new four-family dwelling, located in the RM-1 (Residential Mixed, Low-Density) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve the revised new construction with modifications.

(Continued from Regular Meeting of September 3, 2009)

12c. 2009.0749D (E. Watty: (415) 558-6620)

829 CORBETT AVENUE - east side of Corbett Avenue, between Argent and Dixie Allies, extending through to Market Street, Lots 016 & 029 in Assessor's Block 2778 - Request for Discretionary Review of Building Permit Application No. 2008.12.29.9248, proposing the construction of a new four-family dwelling, located in the RM-1 (Residential Mixed, Low-Density) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve the revised new construction with modifications.

(Continued from Regular Meeting of September 3, 2009)

G. PUBLIC COMMENT

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

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

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

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

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

Adjournment: