February 12, 2009

SAN FRANCISCO PLANNING COMMISSION

Notice of Meeting & Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, February 12, 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.

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. 2008.1326T (T. SULLIVAN-LENANE: (415) 558-6257)

Amendments to the Planning Code Section 315.6: Affordable Housing In-Lieu Fees - Ordinance introduced by Supervisor Daly amending the San Francisco Planning Code Section 315.6 of the Residential Inclusionary Affordable Housing Program to provide that ten percent (10%) of in lieu fees paid under Section 315.6, not to exceed a maximum of $15 million at any one time, be designated exclusively for the acquisition and/or rehabilitation of affordable housing sites consisting of less than 25 units. Preliminary Recommendation: Approval.

(Proposed for Continuance to February 19, 2009)

2. 2006.0070T (C. NIKITAS: (415) 558-6306)

IMPLEMENTATION OF Legislationto Control theLOSS OF DWELLING UNITS- Code Implementation Document - Proposed procedures and criteria to implement newly-adopted Code Section 317 requiring Planning Commission hearings for the removal of certain dwelling and live-work units. The document also sets numerical criteria, some of which are subject to administrative adjustment in response to changing economic conditions.

Preliminary Recommendation: Adoption

(Continued from Regular Meeting of January 22, 2009)

(Proposed for Continuance to March 12, 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. 2008.1337C (A. BEN-PAZI: (415) 575-9077)

1301 Polk Street - west side between Bush and Austin Streets, Lot 003 in Assessor's Block 0667 - Request for Conditional Use Authorization under Planning Code Section 723.54 for a Massage Establishment in the Polk Street Neighborhood Commercial Zoning District and a 65-A Height and Bulk District. The Thai Massage Establishment DBA "La Biang Thai Massage Therapy & Reflexology", which is currently operating at 1339 Polk Street, proposes to relocate to 1301 Polk Street. No physical expansion of the building is proposed.

Preliminary Recommendation: Approval with Conditions

4. 2008.0408C (G. CABREROS: (415) 558-6169)

1167-1171 STANYAN STREET - west side between Alma and Grattan Streets, Lots 017 and 018 in Assessor's Block 2630 - Request for Conditional Use Authorization pursuant to Planning Code Section 317 to demolish three residential units within two existing structures and to construct a three-story over garage, single-family residence and a three-story over garage, two-unit building in an RH-2 (Residential, House, Two Family) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

C. COMMISSIONERS' QUESTIONS AND MATTERS

5. 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

6. Director's Announcements

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

8. (a. john-baptiste: (415) 558-6547)

Budget FY2009-2010: DRAFT BUDGET, WORK PROGRAM, AND PERFORMANCE MEASURES - Informational Presentation to review and seek Commission advice on the Department's draft FY2009-2010 Budget Proposal, Work Program, and Performance Measures.

9. (C. NIKITAS (415)-558-6306)

Briefing and discussionon "Lights Out for Birds" - Informational Item - a voluntary program to turn off unneeded building lights at night during key times of the annual migratory bird cycle. Past and current Conservation Directors of the Golden Gate Audubon Society will present information about the program, which has been successfully implemented in several cities, resulting in the saving of electrical power, money, and other resources, and greatly reducing bird mortality.

Preliminary Recommendation: - No action to be taken

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

10. 2005.0893E (B. Bollinger: (415) 575-9024)

1650 BROADWAY (a.k.a. 1622-1662 Broadway) - Preliminary Mitigated Negative Declaration - The proposed project at 1650 Broadway includes the merger of two vacant lots (Assessor's Block 0570, Parcels 10 and 11) and construction of a new seven-story, approximately 75-foot-tall, 55,900 gross square foot (gsf) residential building with 34 units and a two-level subterranean parking garage with 49 independently accessible spaces. The 13,624-square-foot project site is located on the north side of Broadway, between Van Ness Avenue and Franklin Street in the Pacific Heights Neighborhood and is currently being used for private parking. The project site is within a RM-3 (Residential, Mixed, Medium Density) use district and an 80-A height and bulk district. The project would require Conditional Use authorization for the portion of the building height above 40 feet in a residential zoning district, and a variance for rear yard modification.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

11. 2008.0862C. (G. CABREROS: (415) 558-6169)

1622-1662 BROADWAY - north side between Van Ness Avenue and Franklin Street, Lots 010 and 011 in Assessor's Block 0570 - Request for Conditional Use Authorization pursuant to Planning Code Sections 253 and 303 to allow development of a building that exceeds 40 feet in height. The project proposes new construction of a seven-story, 34-unit residential building with 49 underground parking spaces on a property currently used as a parking lot within an RM-3 (Residential, Mixed, Medium Density) Zoning District and an 80-A Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

12. 2004.0764E (I. Nishimura: (415) 575-9041)

1634-1690 PINE STREET - northeast corner of Pine and Franklin streets; Lots 007, 008, 009, 0101, 011, and 011a in Assessor's Block 0647 - Public Hearing on the Draft Environmental Impact Report (EIR). The proposed project would involve demolition of five historic architectural buildings and a parking lot, and construction of a two-tower residential-commercial mixed-use building with an underground five-level parking garage on an approximately 35,460-square-foot site. There would be a 155-foot high, 15-story tower in the east portion of the project site and a 240-foot tall, 24-story tower in the west portion of the site. The two towers would be connected with an 18-foot tall entrance lobby. The project would include 283 dwelling units and approximately 6,400 square feet of ground floor commercial/restaurant space, and up to 317 parking spaces, for a total building area of approximately 377,815 square feet. The project site is within an NC-3 (Neighborhood Commercial, Moderate-Scale) District and a 130-E Height and Bulk District. The proposed project would require a Zoning Map amendment to reclassify the Height and Bulk District; and authorization of Conditional Use for a proposed project on a 10,000-square-foot or larger site within an NC-3 District and for a Planned Unit Development (PUD). In addition, the proposed off-site affordable housing project site at 800 Presidio Avenue may need to be approved as Special Use District (SUD).

Note: Written comments on the Draft EIR will be accepted in the Planning Department's offices until 5 p.m. on Tuesday, February 17, 2009.

Preliminary Recommendation: No Action Required.

13. 2009.0010U (A. Rodgers: (415) 558-6395)

Adoption of baseline Inventory of Large Tourist Hotel rooms - Section 41F.3(g) of the Administration Code requires that a  baseline inventory of the number of rooms commercially available for rent as of March 1, 2009 in Large Tourist Hotels (hotels with over 100 rooms) be adopted by the Planning Commission. This Section further requires that an  annual inventory of the number of Tourist Hotel Rooms commercially available for rent be updated each year thereafter. On May 23, 2008, the Department prepared a draft list of Large Tourist Hotel rooms. This list is available at http://www.sfgov.org/site/planning_index.asp?id=81515. The Commission may adopt the Baseline Inventory at this hearing or any hearing prior to March 15, 2009.

Preliminary Recommendation: Adoption of Baseline Inventory.

(Continued from Regular Meeting of February 5, 2009)

14. 2008.1110E (A. CONTRERAS: (415) 575-9044)

6600 Third Street - west side between Le Conte Avenue and Keith Street; Lot 9 of Assessor's Block 5476 - Appeal of Preliminary Negative Declaration for the proposed demolition of a two-story, 43-room hotel ( Franciscan Motel ) and construction of a three- to five-story, 100 percent affordable residential building with 73 units, 8,685 sf of supportive services/common area, and a 21-space garage accessed from Le Conte Avenue. The 26,245 sf project site is located in a RM-1 Zoning District within the Bayview Hunters Point Redevelopment Plan Area.

Preliminary Recommendation: Uphold Preliminary Negative Declaration

15. (M. CORRETTE: (415) 558-6295)

Adoption of the findings of the Market and Octavia Area Plan Survey (Survey) - Informational presentation - The Survey consists of buildings within the Area Plan boundaries, built in or before 1961, and not previously surveyed. Survey products generated by the consultant include: Market and Octavia Area Plan Context Statement; Survey Report; 1563 DPR 523A forms; 155 DPR 523D forms and 9 DPR 523D records. The Planning Department has drafted 2 DPR 523D records as a substitute for one of the 9 consultant-prepared DPR 523D records. On December 17, 2008, the Landmarks Preservation Advisory Board (Landmarks Board) endorsed Survey findings, and recommended the Planning Commission to adopt with conditions. The Market and Octavia Area Plan Context Statement was prepared in conjunction with the Survey and was reviewed and endorsed by the Landmarks Board on December 19, 2007. Please note: This will be the first of two hearings on the survey. This first hearing will be an informational presentation by Planning Staff, and the consultant team of Page & Turnbull. The Department will seek Commission adoption at the second hearing.

(Continued from Regular Meeting of February 5, 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: