February 12, 2004

SAN FRANCISCO
PLANNING COMMISSION

Notice of Meeting
&
Calendar

Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, February 12, 2004
1:30 PM

Regular Meeting

President: Shelley Bradford Bell
Vice-President: Sue Lee
Commissioners: Michael J. Antonini, Rev. Edgar E. Boyd,
Lisa Feldstein, Kevin Hughes, William L. Lee

Commission Secretary: Linda D. Avery

Commission Calendars are available on the Internet at http://www.sfgov.org/planning
or as a recorded message at (415) 558-6422.

To view the hearing in progress on the Internet: http://www.sfgov.org/sfgtv

THE AGENDA PACKET IS AVAILABLE FOR REVIEW AT THE PLANNING DEPARTMENT
1660 MISSION STREET, 5TH FLOOR RECEPTION

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 1660 Mission Street, 5th 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, 1660 Mission Street, Suite 500, 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 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 Donna Hall, 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 Donna_Hall@ci.sf.ca.us.

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, 1660 Mission St., 5th floor reception.

1:30 PM _________

ROLL CALL: Commission President: Shelley Bradford Bell

Commission Vice-President: Sue Lee

Commissioners: Michael J. Antonini, Rev. Edgar E. Boyd, Lisa Feldstein,

Kevin Hughes, William L. Lee

A. 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. 2003.1254D (E. TOPE: (415) 558-6316)

170 St. GERMAIN AVENUE - north side at Glenbrook Avenue; Lot 009 in Block 2708 - Request for Discretionary Review of Building Permit Application No. 2003.07.31.0905, proposing to construct a horizontal and vertical addition to an existing single family dwelling in an RH-1 (D) (Residential, House, One-Family, Detached Dwelling) District and a 40-x Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the project as submitted.

(Proposed for continuance to March 4, 2004)

2. 2000.465E (R Cooper: (415) 558-5974)

Housing Element of the San Francisco General Plan

Appeal of the Preliminary Negative Declaration for the proposed revision of the Housing Element of the San Francisco General Plan, which is an update of the 1990 Residence Element of the San Francisco General Plan. The Housing Element is a public policy document that comprehensively addresses issues of housing needs for San Francisco residents and households. Included in the Housing Element is San Francisco population, employment and housing data analysis. Eight new policies are proposed to be added to the 63 policies and 11 objectives that have been modified or retained from the 1990 Residence Element.

Preliminary Recommendation: Uphold Preliminary Negative Declaration

(Proposed for continuance to March 18, 2004)

3. 2003.0106D (M. WOODS: (415) 558-6315)

1910-12 STEINER STREET - east side between Wilmot and Bush Streets; Lot 018 in Assessor's Block 0659 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of all dwelling unit mergers, of Building Permit Application No. 2003.06.16.7169, proposing to merge two dwelling units to a single-family residence in an RH-3 (Residential, House, Three-Family) District and 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and disapprove the proposed dwelling unit merger.

(Continued from Regular Meeting of December 11, 2003)

(Proposed for continuance to March 25, 2004)

4. 2003.1142D (J. PURVIS: (415) 558-6354)

1611 WALLACE AVENUE - south side between 3rd and Keith Streets; Lot 041 in Assessor's Block 5413 - Mandatory Discretionary Review pursuant to 1943 Planning Commission Resolution No. 2797 on the proposed 2-story horizontal rear addition to a single-family dwelling under Building Permit Application No. 2003.08.20.2646. The addition would extend the building by 24 feet in the rear, including 18 feet of interior space and a 6-foot rear deck. The site is in an RH-1 (Residential, House, One-Family) Use District and a 40-X Height and Bulk District.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of January 8, 2004)

Note: This case was withdrawn per City Attorney's decision.

5. 2003.0183D (G. NELSON: (415) 558-6257)

2477-2479 SUTTER STREET - south side between Broderick and Divisadero Streets; lot 022 in Assessor's Block 1076 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of all residential demolitions of Demolition Permit Application No. 2002.08.13.3876, proposing the demolition of a two-story, two-family dwelling within an RM-1 (Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District. There is a related proposal to construct a new, four-story, three-family dwelling with three off-street parking spaces.

Preliminary Recommendation: Take Discretionary Review and disapprove the demolition.

(Continued from Regular Meeting of January 22, 2004)

NOTE: On September 25, 2003, following public testimony, the Commission closed the public hearing and entertained two motions: 1) to take Discretionary Review and disapprove the demolition. The vote was +3 -3 with Commissioners Antonini, Bradford Bell, and Boyd voting no. The motion failed. 2) To continue the matter to October 16, 2003. That motion passed on a +6 -0 vote with Commissioner William Lee absent.

NOTE: On October 16, 2003, the Commission entertained two motions: 1) to take Discretionary Review and disapprove the demolition. The motion failed on a +3 -3 vote with Commissioners Antonini, Bradford Bell, and W. Lee voting no and Commissioner Boyd absent. 2) To continue the item to November 13, 2003. This motion passed on a +4 -2 vote with Commissioners Hughes and S. Lee voting no and Commissioner Boyd absent. The Commission requested that a representative from another City Department review the soundness report. The public hearing will be open to any new information presented to the Commission.

NOTE: On November 13, 2003, the Commission continued this item to

December 11, 2003 without hearing.

NOTE: On December 11, 2003, the Commission continued this item to January 22, 2004 without hearing.

NOTE: On January 22, 2004, the Commission continued this item to February 12, 2004 without hearing.

NOTE: THE APPLICANT HAS REQUESTED THE WITHDRAWAL OF THE DEMOLITION PERMIT APPLICATION. STAFF THEREFORE WITHDRAWS ITS DISCRETIONARY REVIEW REQUEST.

B. COMMISSIONERS' QUESTIONS AND MATTERS

6. Commission Comments/Questions

C. DIRECTOR'S REPORT

7. Director's Announcements

8. Review of Past Week's Events at the Board of Supervisors and Board of Appeals

D. REGULAR CALENDAR

9. (C. HOGAN: (415) 558-6610)

PLANNING DEPARTMENT'S PROPOSED WORK PROGRAM AND BUDGET FOR FY 2004-2005 - Presentation of the San Francisco Planning Department Work Program and Budget, and consideration of approval of a draft resolution adopting the Planning Department's proposed work program and budget for fiscal year 2004-2005.

Preliminary Recommendation: Approval

10a. 2003.1251D (R. CRAWFORD: (415) 558-6358)

187-189 LOWER TERRACE - south side between Roosevelt Way and Levant Street. Assessor's Block 2627 Lot 033 - Request for Discretionary Review of Building Permit Application No. 2002.1104.0731, to construct a new three story two family dwelling on a vacant lot in an RH-2 (Residential House, Two Family) District, and a 40-X Height and Bulk District.

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

(Continued from Regular Meeting of January 22, 2004)

10b. 2003.1256D (R. CRAWFORD: (415) 558-6358)

191-193 LOWER TERRACE - south side between Roosevelt Way and Levant Street. Assessor's Block 2627 Lot 032 - Request for Discretionary Review of Building Permit Application No. 2003.0828.3384, to lift the existing two story, two family residential building five (5) feet to develop a new floor of occupancy beneath the existing building, and develop a two car garage on the street level in an RH-2 (Residential House, Two Family) District, and a 40-X Height and Bulk District.

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

(Continued from Regular Meeting of January 22, 2004)

11. 2003.1093D (G. CABREROS: (415) 558-6169)

2258 BEACH STREET - north side between Baker and Broderick Streets; Lot 009D in Assessor's Block 0915 - Request for Discretionary Review of Building Permit Application No. 2003.07.02.8662, proposing to consolidate several previous building permit applications and to authorize construction beyond the scope of said permits in order to achieve final inspection by the Department of Building Inspection. Construction under these previous building permit applications includes, but is not limited to, a new third floor, a horizontal addition to the rear of the building, and new windows and skylights added to the existing single-family residence in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve with modifications.

(Continued from Regular Meeting of December 11, 2003)

12. 2003.1264D (G. CABREROS: (415) 558-6169)

3264 LYON STREET - east side between Richardson Avenue and Bay Street; Lot 028 in Assessor's Block 0925 - Request for Discretionary Review of Building Permit Application No. 2003.05.09.4264 proposing to construct a rear horizontal addition and deck at the second floor and a new third floor, to the existing two-story, single-family residence in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve as submitted.

13. 2003.1110T (I. WILSON: (415) 558-6163)

ORDINANCE AMENDING THE SAN FRANCISCO PLANNING CODE TO ALLOW A REQUIRED SECOND MEANS OF EGRESS - Initiation of an ordinance amending the San Francisco Planning Code, proposing a new section 136(c)(4)(A)(i-v) to allow a stairway that is a required second means of egress under the Building Code, as a permitted obstruction in the rear yard. The California Building Code no longer allows fire escapes as a second means of egress in most cases. This proposed text amendment provides an exemption to meet the requirements of the Building Code.

Preliminary Recommendation: Approval of intent to initiate.

(Continued from Regular Meeting January 22, 2004)

14. 2003.1282D (K. McGEE: (415) 558-6367)

609 CORTLAND AVENUE north side between Bocana and Bennington Streets. Assessor's Block 5667, Lot 017 - Request for Discretionary Review of Building Permit Application No. 2003.09.30.6176, to add "Other Entertainment," per Planning Code Section 711.48, to the existing bar "Charlies Club," located in an NC-2 (Small-Scale Neighborhood Commercial) Zoning District and in a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and Approve the Project with Conditions.

15a. 2003.1141DDDDV (B . FU: (415) 558-6613)

1218 MARIPOSA STREET north side, between Missouri and Texas Streets; Lot 013 in Assessor's Block 3985. Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2003.04.10.2000 to demolish an existing single-family dwelling (the project also proposes the construction of a new single-family dwelling) in an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation.

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

(Continued from Regular Meeting of January 8, 2004)

15b. 2003.1141DDDDV (B . FU: (415) 558-6613)

1218 MARIPOSA STREET north side, between Missouri and Texas Streets; Lot 013 in Assessor's Block 3985. Three Discretionary Review requests for Building Permit Application No. 2003.04.10.1998 have been filed for the construction of a replacement single-family dwelling in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk Designation.

Preliminary Recommendation: Do not take Discretionary Review and approve as submitted.

(Continued from Regular Meeting of January 8, 2004)

15c. 2003.1141DDDDV (B . FU: (415) 558-6613)

1218 MARIPOSA STREET - north side, between Missouri and Texas Streets; Lot 013 in Assessor's Block 3985. A front setback Variance is requested to reconstruct an existing garage within the front setback. The project is located in an RH-2 (Residential House, Two-Family) District with a 40-X Height and Bulk Designation.

(Continued from Regular Meeting of January 8, 2004)

16. 2003.0946D (D. DiBARTOLO: (415) 558-6291)

458-460 35TH AVENUE - east side between Geary Boulevard and Clement Street: Lot 042 in Assessor's Block 1466 - Request for Discretionary Review of Building Permit Application No. 2003.02.21.8034, proposing to; (1) construct a 3' 4" deep, three-level rear horizontal addition and a two-story deck and stairs; and, (2) add a new, approximately 830 square foot, partial third floor to a two-story over ground floor structure containing two dwelling units in an RH-2 (Residential House, Two-Family) District, and a 40-X Height and Bulk District.

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

17. 2003.1145D (D. DiBARTOLO: (415) 558-6291)

1021 FRANCISCO STREET - south side between Larkin and Polk Streets: Lot 023 in Assessor's Block 0477 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of all dwelling unit mergers, of Building Permit Application No. 2003.05.30.5840, proposing to merge two dwelling units to a single-family residence in an RH-2 (Residential House, Two-Family) District, and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and disapprove the proposed dwelling unit merger.

6:00 p.m.

18. (M. CHION: (415) 558-6314)

CONSIDERATION OF ADOPTION OF INTERIM POLICIES OR A RESOLUTION OF INTENT TO ADOPT INTERIM CONTROLS FOR SECTIONS OF THE EASTERN NEIGHBORHOODS: Mission (generally bounded by Guerrero, Division, Potrero, and Cesar Chavez Streets), SoMa (generally bounded by Mission, 7^th Street, Freeway 80, 4^th Street, the Embarcadero, and Folsom), and Showplace Square (generally bounded by 7^th, Bryant, Potrero and 25^th Streets). Public hearing on the adoption of interim policies or a resolution of intent to adopt interim zoning controls that would establish areas for Housing and Mixed Use, Core PDR, and Housing/PDR in sections of the Mission, South of Market and Showplace Square. The Housing and Mixed Use zoning overlay will encourage residential development; the Core PDR zoning overlay will primarily support production, distribution and repair activities; and the Housing/PDR zoning overlay will promote a mix of residential and other uses while preserving existing PDR space. The initiation of interim zoning controls would require the adoption of a resolution of intent to initiate that will enable the publication of a formal notice for a future public hearing at which hearing the Planning Commission would consider the adoption of interim controls.

(Continued from Regular Meeting of December 18, 2003)

NOTE: On December 18, 2003, following public testimony and Commission deliberation, the Commission closed the public hearing and continued this item to February 12, 2004 to allow the absent commissioner to participate. Commissioner Boyd was absent.

E. 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

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

Adjournment:

PLEASE NOTE:

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.