November 5, 2009

SAN FRANCISCO PLANNING COMMISSION

Notice of Meeting & Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, Novemebr 5, 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 Francisco Lobbyist 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. 2009.0841T (C. NIKITAS: (415) 558-6306)

Planning Code Amendment - Demolition and Replacement of Sound Housing. [Board File No. 09-1038] - Ordinance amending the Planning Code by amending Section 317 to require the Planning Commission make certain findings when approving demolition of Residential Buildings that require Mandatory Discretionary Review and to require replacement of sound housing with units of like affordability; and making findings, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

Preliminary Recommendation: Pending

(Proposed for Continuance to November 12, 2009)

2. 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

(Continued from Regular Meeting of September 17, 2009)

(Proposed for Continuance to December 3, 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

3. 2009.0341C (A. Putra: (415) 575-9079)

4207 Judah Street (4201-4211 Judah Street) - southeast corner of Judah Street and 47^th Avenue; Lot 037 in Assessor's Block 1806 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 185(e), and 303 to modify a previous Conditional Use Authorization (Motion No. 14637, Case No. 98.186C) to continue to allow hours of operation until 2:00 AM for a nonconforming bar (d.b.a.  Pittsburgh's Pub ) in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

4a. 2008.277D (M. SMITH: (415) 558-6322)

168 CLIPPER STREET - north side between Church and Sanchez Streets; Lot 021 in Assessor's Block 6549 - Mandatory Discretionary Review, pursuant to Planning Code Section 317 requiring review of residential demolition, of Demolition Permit Application No. 2007.12.20.1029, proposing to demolish a one-story over basement, single-family dwelling 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 the demolition permit.

4b. 2008.0278D (M. SMITH: (415) 558-6322)

168 CLIPPER STREET - north side between Church and Sanchez Streets; Lot 021 in Assessor's Block 6549 - Mandatory Discretionary Review, pursuant to Planning Code Section 317 requiring review of the replacement building in association with residential demolition, of Building Permit Application No. 2007.12.20.1032, to construct a three-story over garage, two-family dwelling 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 the new building permit.

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.

5. Consideration of Adoption:

• Draft Minutes of Regular Meeting of November 20, 2008.
• Draft Minutes of Regular Meeting of October 15, 2009.
• Draft Minutes of Special Meeting of October 22, 2009.

6. 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

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

8. 2009.0262T (a. rodgers: (415) 558-6395)

Zoning - Providing for a Five Feet Special Height Exception for Active Ground Floor Uses in NC-1 Designated Parcels Along Randolph and Broad Streets, from 19th Avenue to San Jose Avenue. [Board File No. 09-0319] - Ordinance introduced by Supervisor Avalos amending San Francisco Planning Code by amending Section 263.20 to provide for a special height exception for ground floor uses in NC-1 designated parcels along Randolph and Broad Streets, from 19th Avenue to San Jose Avenue; amending Section 710.1, 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. The Planning Commission will also consider the Supervisor's request to extend this legislation to provide the same five feet special height exception for all NC-1 designated parcels within the boundaries of Sargent Street to Orizaba Avenue to Lobos Street to Plymouth Avenue to Farallones Street to San Jose Avenue to Alemany Boulevard to 19th Avenue to Randolph Street to Monticello Street and back to Sargent Street.

Preliminary Recommendation: Approval

(Continued from Regular Meeting of October 22, 2009)

9. 2005.0162E (S. SMITH: (415) 558-6373)

NEW IRVINGTON TUNNEL PROJECT - Certification of the Final Environmental Impact Report - The San Francisco Public Utilities Commission (SFPUC) is proposing the New Irvington Tunnel Project (also known as  NIT ). The project would be approximately 3.5 miles long, extending west from a new Alameda West Portal in the Sunol Valley to a new Irvington Portal in the City of Fremont. The new tunnel would be located approximately parallel to the existing tunnel, with an internal diameter between 8.5 and 10.5 feet. The depth of the tunnel would range from 30 to 700 feet below ground surface. Construction would occur at four work areas: Alameda West Portal (in Sunol Valley), Sheridan Valley (along Sheridan Road), Vargas (along Vargas Road near Interstate 880), and the Irvington Portal (along Mission Boulevard in the City of Fremont).

Preliminary Recommendation: Certify the Environmental Impact Report.

Note: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on July 16, 2009. 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.

10. 2009.0847B (C.TEAGUE: (415) 575-9081)

660-680 Alabama Street - west side between 18^th and 19^th Street, Lot 002 in Assessor's Block 4020 - Request for Office Development Authorization pursuant to Planning Code Section 321 to establish the existing four story, 39,691 square feet building as legal office use in a UMU (Urban Mixed Use) District and a 68-X Height and Bulk District. The reclassification of use includes no interior or exterior alterations or additions to the existing building, and the Zoning Administrator issued a Letter of Legitimization on September 8, 2009, verifying the building as legitimate office space per Planning Code Section 179.1.

Preliminary Recommendation: Approval with Conditions

11a. 2008.0719D (S. CALTAGIRONE: (415) 558-6381)

2626 LARKIN STREET - east side between Chestnut and Lombard Streets; Lot 011 in Assessor's Block 0069 - Mandatory Discretionary Review per Section 317 of the Planning Code of Building Permit Application No. 2008.0926.2736, proposing to demolish a three-story, two-unit residential building on a property located within an RH-3 (Residential, House, Three-Family) District and a 40-X Height/Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of October 22, 2009)

NOTE: On October 22, 2009, following public testimony, the Commission entertained a motion to take Discretionary Review and disapprove, the motion failed. The Commission continued the item to 11/5/09 by a vote of +6 -0. Commissioner Sugaya was recused. The public hearing remains open.

11b. 2009.0907D (S. Caltagirone: (415) 558-6381)

2626 Larkin Street - east side between Chestnut and Lombard Streets; Lot 011 in Assessor's Block 0069 - Mandatory Discretionary Review per Section 317 of the Planning Code of Building Permit Application No. 2008.0926.2740, proposing to construct a four-story, two-unit residential building on a property located within an RH-3 (Residential, House, Three-Family) District and a 40-X Height/Bulk District.

Preliminary Recommendation: Take Discretionary Review and Approve with Modifications

(Continued from Regular Meeting of October 22, 2009)

NOTE: On October 22, 2009, following public testimony, the Commission entertained a motion to take Discretionary Review and disapprove, the motion failed. The Commission continued the item to 11/5/09 by a vote of +6 -0. Commissioner Sugaya was recused. The public hearing remains open.

12. 2009.0667D (S. LAI: (415) 575-9087)

1826 32^ND AVENUE - east side between Ortega Avenue and Noriega Avenue; Lot 043 in Assessor's Block 2068 - Staff Initiated Discretionary Review of Building Permit Application No. 2008.07.11.6477 proposing to construct a two-story horizontal rear addition to an existing single-family dwelling. The property is located in an RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve with modifications.

4:00 P.M.

13. 2009.0761C (A. STARR: (415) 558-6382)

2460 LOMBARD STREET (AKA 2444 LOMBARD) - north side between Divisadero and Scott Streets, Lot 014, in Assessor's Block 0936 - Request for Conditional Use Authorization under Planning Code Sections 303 and 703.3, to allow a formula retail use (dba Pet Food Express) in an NC-3 (Neighborhood Commercial, Moderate Scale) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Disapproval

14. 2009.0584DD (C. JAROSLAWSKY (415) 558-6348)

3900 22^ND STREET - west side between Collingwood and Castro Streets; Lot 011 in Assessor's Block 2770 - Request for Discretionary Review of Building Permit Application No. 2009.07.14.2590, to convert a three-family structure into a two-family dwelling 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 the project as submitted.

NOTE: On October 15, 2009, following public testimony, the Commission continued the matter to November 5, 2009. Public hearing remains open.

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: