February 19, 2009

SAN FRANCISCO PLANNING COMMISSION

Notice of Meeting & Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, February 19, 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. 2008.1296P (C. JAROSLAWSKY: (415) 558-6348)

JOHN MUIR DRIVE - southwest corner near Lake Merced; Lot 004 in Assessor's Block 7283 - Request for Coastal Zone Permit - pursuant to Planning Code Sections 330.1, to repair storm damage to the sidewalk, requiring immediate action to mitigate loss or damage to public safety and services. An Emergency Coastal Zone Permit was issued by the Planning Department on August 13, 2008 to repair the partially collapsing sidewalk. The site is located in a P Zone (Public) and OS (Open Space) District and Local Coastal Zone Permit Area.

Preliminary Recommendation: Approval

(Proposed for Continuance to March 19, 2009)

2a. 2006.1065DDDD (S.VELLVE (415) 558-6263)

145-149 Buena Vista Avenue East/52 Alpine Terrace - west side between Waller Street and Duboce Avenue; Lot 005 (proposed to be lots 036 and 037) in Assessor's Block 1258 - Requests for Discretionary Review of Building Permit Application No. 2006.09.20.2886, proposing to demolish an existing garage and to construct a new four-story, three-unit building at 52 Alpine Terrace that, in addition to providing its own required parking, would provide parking for a two-unit building at 145-149 Buena Vista East (requiring a Variance, Item XXX) in an RH-3 (Residential House, Three-Family) Zoning District and a 40-X Height and Bulk District. The existing three-car garage structure at 52 Alpine Terrace would be demolished.

Preliminary Recommendation: Do not take Discretionary Review and Approve

(Proposed for Continuance to March 12, 2009)

2b. 2006.1065V (S.VELLVE (415) 558-6263)

145-149 Buena Vista Avenue East/52 Alpine Terrace - west side between Waller Street and Duboce Avenue; Lot 005 (proposed to be lots 036 and 037) in Assessor's Block 1258 - Request for a Parking Variance for two required off-street parking spaces that would be provided on a separate lot than the dwelling units in an RH-3 (Residential House, Three-Family) Zoning District and a 40-X Height and Bulk District. The project proposes to demolish an existing garage and to construct a new four-story, three-unit building that, in addition to providing its own required parking, would provide parking for a two-unit building at 145-149 Buena Vista East. The request will be heard by the Zoning Administrator.

(Proposed for Continuance to March 12, 2009)

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

3. 2007.1250T (J. SWITZKY: (415) 575-6815)

Initiate Amendment to Planning Code Section 309.1 - Consideration of a Resolution of Intent to Initiate an Ordinance to amend Section 309.1 of the Planning Code to allow the commission to grant, as exceptions per Section 309.1, minor measurement modifications that would otherwise be permitted under Section 304 for a qualifying Planned Unit Development for projects in Downtown Residential Districts.

Preliminary Recommendation: Approval.

4. 2008.1356C (E. Watty: (415) 558-6620)

3950 – 24^TH STREET / 465 ELIZABETH STREET - north side between Sanchez and Noe Streets; Lots 041 and 028 in Assessor's Block 3654 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303(c), 303(i), 703.4, 728.40, and 790.102(a), to allow a new formula retail grocery store (d.b.a. Whole Foods) to operate within the 24^th Street – Noe Valley Neighborhood Commercial District and 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions.

5. 2008.1347C (C. LAMORENA: (415) 575-9085)

404 Balboa Street - north side between 5^th and 6^th Avenues; Lot 023 of Assessor's Block 1548 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 711.54 and 303, to convert a vacant retail store into a foot massage establishment (dba Relax Feet), located in an NC-2 (Neighborhood Commercial, Small-Scale) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

6a. 2006.1460D (M. SMITH: (415) 558-6322)

268 MADISON STREET- west side between Silliman and Felton Streets; Lot 008 in Assessor's Block 5943 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of residential demolition, of Demolition Permit Application No. 2007.11.07.7568, proposing to demolish a one-story, single-family dwelling on a double width lot in a RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the demolition permit.

6b. 2008.1203D (M. SMITH: (415) 558-6322)

268 MADISON STREET- west side between Silliman and Felton Streets; Lot 008 in Assessor's Block 5943 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of the replacement building in association with residential demolition, of Building Permit Application No. 2007.11.07.7585 (Northern Building), to construct a two-story over garage, single-family dwelling in a RH-1 (Residential, House, One -Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the new building permit.

6c. 2008.1382D (M. SMITH: (415) 558-6322)

268 MADISON STREET- west side between Silliman and Felton Streets; Lot 008 in Assessor's Block 5943 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of the replacement building in association with residential demolition, of Building Permit Application No. 2007.11.07.7587 (Southern Building), to construct a two-story over garage, single-family dwelling in a RH-1 (Residential, House, One -Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the new building permit.

7a. 2006.1102D (M. SMITH: (415) 558-6322)

1409 SANCHEZ STREET- east side between 27^th and Duncan Streets; Lot 031 in Assessor's Block 6592 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of residential demolition, of Demolition Permit Application No. 2008.10.20.4543, proposing to demolish a one-story, 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.

7b. 2008.1209D (M. SMITH: (415) 558-6322)

1409 SANCHEZ STREET- east side between 27^th and Duncan Streets; Lot 031 in Assessor's Block 6592 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of the replacement building in association with residential demolition, of Building Permit Application No. 2008.10.20.4546, to construct a two-story over garage and basement, 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.

B. COMMISSIONERS' QUESTIONS AND MATTERS

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.

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. PUBLIC COMMENT ON AGENDA ITEMS WHERE THE PUBLIC HEARING HAS BEEN CLOSED

At this time, members of the public who wish to address the Commission on agenda items that have already been reviewed in a public hearing at which members of the public were allowed to testify and the public hearing has been closed, must do so at this time. Each member of the public may address the Commission for up to three minutes.

1. CONSIDERATION OF FINDINGS AND FINAL ACTION – PUBLIC HEARING CLOSED

11. 2008.0720C (P. LAVALLEY: (415) 575-9084)

988 Valencia Street - west side between Liberty and 21^st Streets, Lot 009 in Assessor's Block 3608 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 703.3, and 703.4 to establish a formula retail use (dba American Apparel) in the Valencia Neighborhood Commercial District. The subject property is within a 50-X Height and Bulk District and is a contributing resource to the Liberty-Hill Historic District designated under Article 10 of the Planning Code. No building expansion is proposed.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of February 5, 2009)

NOTE: On February 5, 2009, following public testimony, the Commission closed public hearing and passed a motion of intent to disapprove by a vote of +6 -0. Commissioner Lee was absent. Final Language is scheduled on February 19, 2009.

1. REGULAR CALENDAR

12. (T. EGAN: (415) 554-5268)

REVIEW OF THE STATE OF THE ECONOMY – Informational Presentation - on the state of the economy by Ted Egan, Chief Economist - Office of the Controller.

13. (A. JOHN-BAPTISTE: (415) 558-6547)

BUDGET FY 2009-2010: Review and approval of the San Francisco Planning Department's budget and work program.

14. 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.

(Continued from the Regular Meeting of February 12, 2009)

15. (S. SANCHEZ: (415) 558-6326)

CONSIDERATION OF ADOPTION OF COMMISSION POLICY ON EXTENSION OF ENTITLEMENT FOR OFFICE DEVELOPMENT ANNUAL LIMIT AND OTHER MAJOR PROJECTS - Informational presentation on impacts associated with current state of the economy on land-use development projects, update on status of the Office Development Annual Limit, including review of entitled projects that have exceeded their statutory eighteen-month approval period, and review of potential policies regarding the extension of entitlements for Office Development Annual Limit (Annual Limit Program) projects and other major projects, including those within the Downtown Residential District (DTR) and projects under the purview of the Planning Commission and/or Zoning Administrator.

16a. 2007.1259EKTZC (S. VELLVE: (415) 558-6263)

1500 PAGE STREET - northwest corner of Page Street and Masonic Avenue; Lot 004 in Assessor's Block 1223 - Amendment to the Planning Code to add Section 249.37 for the creation of a Special Use District, the 1500 Page Street Residential Care Special Use District and an Amendment of the Planning Code to add Section 263.22 to create a special height control for the 1500 Page Street Residential Care Special Use District of a 55-X Height and Bulk District to allow rehabilitation and expansion of the existing but vacant residential care use. The proposal is to add a fifth floor and a required egress stair within the required rear yard of the existing four-story building used for residential care. The building use would continue as a residential care facility for up to 48 residents and would be upgraded to provide permanent supportive housing for formerly homeless residents. The proposed Special Use District would provide the following exceptions from Planning Code requirements upon approval of Conditional Use: Floor Area Ratio (FAR), required rear yard, expansion of a non-complying structure, front setback, and off-street loading requirements. The proposal is sponsored by a non-profit agency (AgeSong) in conjunction with the Mayor's Office of Housing. The proposal is to The property is located within an RM-1 (Residential, Mixed, Low Density) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Adopt the Resolution

Note: One resolution has been developed for both the Planning Code and Zoning Map Amendments

16b. 2007.1259EKTZC (S. VELLVE: (415) 558-6263)

1500 PAGE STREET - northwest corner of Page Street and Masonic Avenue; Lot 004 in Assessor's Block 1223 - Amendment to the Zoning Map, Sheet 6SU – Land Use Districts to create and delineate the 1500 Page Street Residential Care Special Use District and an Amendment to the Zoning Map, Sheet 6H – Height Districts to change the Height and Bulk District classification of the subject property from 40-X to 55-X.for the project and property referenced in item 15a above.

Preliminary Recommendation: Adopt the Resolution

Note: One resolution has been developed for both the Planning Code and Zoning Map Amendments.

16c. 2007.1259EKCTZ (S. VELLVE: (415) 558-6263)

1500 PAGE STREET - northwest corner of Page Street and Masonic Avenue; Lot 004 in Assessor's Block 1223 - Request for Conditional Use Authorization to allow rehabilitation and expansion of the existing but vacant residential care use by (1) modifying the FAR requirement; (2) modifying the required rear yard, (3) expansion of a non-complying structure; (4) modifying the front setback; (5) modifying the off-street loading requirements for the property and proposal described in Item 15a.

Preliminary Recommendation: Approval with Conditions.

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

ADOPTION OF THE FINDINGS OF THE MARKET AND OCTAVIA AREA PLAN HISTORIC RESOURCES SURVEY (SURVEY) - Presentation and Survey adoption. – This hearing will consist of both (1) a presentation by Planning Staff, and the consultant team of Page & Turnbull on the Market and Octavia Area Plan Historic Resource Survey, and (2) proposed Commission action adopting the Survey. 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.

Preliminary Recommendation: Adopt staff's recommendation.

Please note: This single action item is the consolidation of two previously calendared hearing items on the Survey originally scheduled as Item 17 on the Planning Commission's February 5^th calendar, and as Item 15 on the Planning Commission's February 12^th Calendar and Addendum.

6:00 p.m. -- [Although the following items may be called after the listed time, they will not be called before.]

18. 2008.0971D (S. LAI: (415) 575-9087)

177 Inverness Drive - west side between Ocean Avenue and Eucalyptus Drive; Lot 013 in Assessor's Block 7245 - Request for Discretionary Review of Building Permit Application No. 2008.05.27.2882 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.

19. 2008.1287D (S. MIDDLEBROOK: (415) 558-6372)

1381 Sanchez Street - east side between Cesar Chavez and 27th Streets; Lot 025 in Assessor's Block 6579 - Request for Discretionary Review of Building Permit Application No. 2008.09.23.2413 proposing to enclose the existing rear stairs along the south property line in order to accommodate a reconfigured interior at the first floor and the ground level at the rear. The subject building is a single-family home located within an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and Approve the Project with Modifications

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: