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Public Hearings 
 
April 5, 2007

SAN FRANCISCO
PLANNING COMMISSION
Notice of Meeting
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, April 5, 2007
1:30 PM
Regular Meeting

President: Dwight S. Alexander
Vice-President: Christina R. Olague
Commissioners: Michael J. Antonini; M. Sue Lee; William L. Lee; Kathrin Moore;
Hisashi Sugaya

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.

View the meeting online at: http://www.sfgov.org/site/sfgtv_index.asp
Or
View the broadcast live, Thursdays on Cable Channel 78.
And
The re-broadcast on Fridays at 8:00 p.m., Cable Channel 26

THE AGENDA PACKET IS AVAILABLE FOR REVIEW AT THE PLANNING DEPARTMENT
\o1660 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 impairrments 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, 1660 Mission St., 5th floor reception.

1:30 PM _________

ROLL CALL: Commission President: Dwight S. Alexander
Commission Vice-President: Christina R. Olague
Commissioners: Michael J. Antonini; M. Sue Lee; William L. Lee;
Kathrin Moore; Hisashi Sugaya

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. 2007.0204C (M. LI: (415) 558-6396)
1145 POLK STREET (AKA 1201 SUTTER STREET) - southwest corner at Sutter Street, Lot 001 in Assessor's Block 0691 - Request for Conditional Use Authorization to (1) establish a small self-service restaurant (dba "Café Ya-Bon") of approximately 800 square feet and (2) extend the hours of operation past 2:00AM in the Polk Street Neighborhood Commercial District and a 65-A Height and Bulk District. The subject business is currently operating as a retail coffee store, which does not allow on-site food preparation. There will be no physical expansion of the subject building or commercial space.
Preliminary Recommendation: Approval with Conditions
(Proposed for Continuance to April 12, 2007)

2a. 2006.0616BEKX (J. MILLER: (415) 558-6344)
120 HOWARD STREET - northwest corner at Spear Street, Lot 019 in Assessor's Block 3717 - Request for review by the Planning Commission under Planning Code Section 309 of a four-story addition to an existing eight-story building (with a partial ninth floor) requiring exceptions to Planning Code standards for freight loading and building bulk, in C-3-O (Downtown Office) and C-3-O (SD) (Downtown Office - Special Development) Districts and a 200-S Height and Bulk District.
(Continued from Regular Meeting of March 22, 2007)
(Proposed for Continuance to May 10, 2007)

2b. 2006.0616BEKX (J. MILLER: (415) 558-6344)
120 HOWARD STREET - northwest corner at Spear Street, Lot 019 in Assessor's Block 3717 - Request for allocation of office space by the Planning Commission under Planning Code Section 321 in conjunction with a four-story addition to an existing eight-story building (with a partial ninth floor). This project requires the allocation of approximately 67,310 square feet of office space. The site is in C-3-O (Downtown Office) and C-3-O (SD) (Downtown Office - Special Development) Districts and a 200-S Height and Bulk District.
(Continued from Regular Meeting of March 22, 2007)
(Proposed for Continuance to May 10, 2007)

3a. 2004.0072D (G. CABREROS: (415) 558-6169)
2632 CABRILLO STREET - north side between 27th and 28th Avenues; Lot 018 in Assessor's Block 1617 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2003.06.24.7792, proposing to demolish an existing two-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 demolition.
(Continued from Regular Meeting of March 15, 2007)
(Proposed for Continuance to April 19, 2007)

3b. 2004.0073D (G. CABREROS: (415) 558-6169)
2632 CABRILLO STREET - north side between 27th and 28th Avenues; Lot 018 in Assessor's Block 1617 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new residential building in association with residential demolition, of Building Permit Application No. 2003.06.24.7794, proposing to construct a new three-story, two-unit building in an RH-2 (Residential, House, Two-Family District) and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the project as submitted.
(Continued from Regular Meeting of March 15, 2007)
(Proposed for Continuance to April 19, 2007)

4. 2007.0109D (K.CONNER: (415) 575-6914)
1944 OCEAN AVENUE - north side at the northeast corner of the intersection with Fairfield Way; Lot 020C in Assessor's Block 3281 - Request for Mandatory Discretionary Review of Building Permit Application No. 2006.12.29.0768, to maintain operation of an existing Medical Cannabis Dispensary (d.b.a. Alternative Relief Coop). This parcel is located within the Ocean Avenue Fast Food subdistrict within the NC-2 (Small Scale Neighborhood Commercial), District, and the 40-X Height and Bulk District.
Preliminary Recommendation: Pending
(Proposed for Continuance to April 19, 2007)

5. 2005.0302U (D. DIBARTOLO: (415) 558-6291)
1735 FRANKLIN STREET - the Brandenstein (Bransten) House, west side between California and Sacramento Streets, in Assessor's Block 0641, Lot 002 - Consideration of adoption of a resolution recommending approval of a Mills Act historical property contract for 1735 Franklin Street, the Brandenstein House, which is San Francisco Landmark No. 126 and listed on the California Register of Historical Resources. The Mills Act authorizes local governments to enter into contracts with owners of private historical property who, through the historical property contract, assure the rehabilitation, restoration, preservation and maintenance of a qualified historical property. In return, the property owner enjoys a reduction in property taxes for a given period. The subject property is within an RH- (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval
(Proposed for Continuance to April 19, 2007)

6a. 2006.0388D (S. MIDDLEBROOK: (415) 558-6372)
365 DOUGLASS STREET - east side between 19th and 20th Streets. Block 2699, Lot 31 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of residential demolitions, under Demolition Permit Application number 2006.02.03.3728. The proposal is to demolish the existing one-story single-family dwelling. The subject property is located in a RH-2 (Residential, Two Units) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the demolition.
(Continued from Regular Meeting of February 1, 2007)
(Proposed for Continuance to April 19, 2007)

6b. 2006.0389D (S. MIDDLEBROOK: (415) 558-6372)
365 DOUGLASS STREET - east side between 19th and 20th Streets, Block 2599, Lot 031 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new construction, under Building Permit Application number 2006.02.033732, in conjunction with the demolition of a single family dwelling under case 2006.0388D with Demolition Permit Application number 2006.02.03.3728. The proposal is to construct a new, three-story single-family dwelling. The subject property is located in a RH-2 (Residential, Two Units) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the new construction.
(Continued from Regular Meeting of February 1, 2007)
NOTE: On 11/30/06, following public testimony, the public hearing was closed. The Commission continued this matter to 2/1/07 with instructions to the project sponsor to consider a new design and neighborhood character. The public hearing remains open.
(Proposed for Continuance to April 19, 2007)

7. 2006.1095C (M. SMITH: (415) 558-6322)
2035 IRVING STREET - south side between 21st and 22nd Avenues, Lot 11B in Assessor's Block 1776 - Request for Conditional Use Authorization pursuant to Planning Code Section 711.44 to legalize a 995 square-foot small, self-service restaurant, located in a NC-2 (Small-Scale Neighborhood Commercial) District and 105-A Height and Bulk District.
Preliminary Recommendation: Pending
(Proposed for Continuance to April 26, 2007)

B. 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.

C. REGULAR CALENDAR

8. 2006.0665DDDDDDDDDD (M. SMITH: (415) 558-6322)
652 DUNCAN STREET - north side between Diamond and Newburg Streets, Lot 002J in Assessor's Block 6589 - Requests for Discretionary Review of Building Permit Application No. 2005.12.23.0995, proposing to construct a partial one-story vertical addition and a rear horizontal addition on a single-family dwelling, located in a RH-1 (Residential, House, One-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 February 1, 2007)

9. 2006.1415D (G. CABREROS: (415) 558-6169)
2721 PIERCE STREET - west side between Green and Vallejo Streets, Lot 006 in Assessor's Block 0560 - Request for Discretionary Review of Building Permit Application No. 2006.07.03.5586 proposing to remove an existing sun porch at the rear of the building and to construct a two-story rear addition with basement measuring approximately 19 feet deep by 12 feet wide. The existing building is a single-familiy residence in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Take Discretionary Review and Approve project with modifications.
(Continued from Regular Meeting of March 8, 2007)

10. 2004.0588E (V. WISE: (415) 558-5955)
255 SEVENTH STREET, WESTBROOK PLAZA - Public Hearing on The Draft Environmental Impact Report (EIR). The project site is located at 255 Seventh Street (Assessor's Block 3731, Lots 126 and 154) mid-block between Howard and Folsom Streets in the South of Market neighborhood. The approximately 23,655-square-foot, T-shaped project site fronts the east side of Seventh Street and the west side of Moss Street. The existing site includes a one-story commercial building totaling about 2,000 square feet and a one-story building totaling about 960 square feet. The rest of the lot is occupied by a surface parking lot. The proposed project would demolish both structures and eliminate the surface parking lot. The proposed project would result in the construction of two new buildings and a subsurface parking lot with 45 off-street parking spaces. A five-story, 50-foot building with three levels of residential above a two-level health center would front Seventh Street. A four-story, 40-foot residential building would front Moss Street. The Seventh Street Building would contain an approximately 20,000-square-foot out-patient South of Market Health Center (SMHC) and 30 affordable dwelling units. The Moss Street Building would have 19 affordable dwelling units. The project site is within the SLR (Service/Light Industrial Mixed Use) and RED (Residential Enclave) zoning districts and the 50-X/40-X height and bulk districts. The project site is in the Eastern Neighborhoods Plan Area and is subject to the Housing/Mixed Use Guidelines.
Preliminary Recommendation: No Action Required
Note: Written comments will be accepted at the Planning Department's offices until the close of business on April 9, 2007.

11. 2006.0208C (S. MIDDLEBROOK: (415) 558-6372)
4716-4722 MISSION STREET - west side, between Ruth and Leo Streets, Lots 014 and 015 in Assessor's Block 6955 - Request for Conditional Use Authorization under Planning Code 712.39 to demolish both the existing mixed-use building with a second floor dwelling unit and the existing commercial building in order to merge the two lots and to construct a 5-story, residential/commercial mixed-use building with 8 residential units, 8 off-street parking places, and ground floor commercial within a NC-3 (Moderate-Scale Neighborhood Commercial) District with a 65-A Height and Bulk designation.
Preliminary Recommendation: Approval with Conditions.

12a. 2005.0731CEKV (J. MILLER: at (415) 558-6344)
231 FRANKLIN STREET - southwest corner at Hayes Street, a through lot with additional frontage on Linden Street, Lots 2, 17 and 22 in Assessor's Block 816, in the Hayes Gough Neighborhood Commercial District and a 65-A Height and Bulk District - Request for a Conditional Use Authorization for a new 33-unit residential building with ground-floor retail use plus off-street parking. Conditional Use authorization is required for lot size in excess of 9,999 square feet and building bulk. This proposed project is also the subject of a requested Variance for commercial-serving off-street parking.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of March 22, 2007)

12b. 2005.0731CEKV (J. MILLER: at (415) 558-6344)
231 FRANKLIN STREET - southwest corner at Hayes Street, a through lot to Linden Street, Lots 2, 17 and 22 in Assessor's Block 816, in the Hayes-Gough Neighborhood Commercial District and a 65-A Height and Bulk District. Off-Street Parking Variance Sought - The proposal is to construct a new residential building with approximately 33 dwelling units over approximately 6,200 square feet of ground-floor commercial use. Thirty-three underground parking spaces would be provided plus one standard space and two ANA-compliant spaces on the ground floor for a total of 36 spaces to be provided.
The request for the variance will be considered by the Zoning Administrator.
(Continued from Regular Meeting of March 22, 2007)

13a. 2006.1414C (S. VELLVE: (415) 558-6263)
1868 VAN NESS AVENUE - southeast corner of Clay and Washington Streets; Lot 012 in Assessor's Block 0619 - Request for Conditional Use Authorization pursuant to Sections 228.2, 228.3 and 303 of the Planning Code to convert the property's use from a gas station (Shell) within an RC-4 (Residential Commercial Combined, High Density) District, the Van Ness Special Use District, and an 80-D Height and Bulk District. The gas station ceased operation in approximately October of 2004. The subject case will address land use violations on the property. A companion case (Case 2006.0741C) will seek to establish an off-street parking facility (temporary).
Preliminary Recommendation: Approval with conditions.
(Continued from Regular Meeting of February 8, 2007)

13b. 2006.0741C (S. VELLVE: (415) 558-6263)
1868 VAN NESS AVENUE - southeast corner of Clay and Washington Streets; Lot 012 in Assessor's Block 0619 - Request for Conditional Use Authorization pursuant to Sections 209.7 and 303 of the Planning Code to establish an off-street parking facility (temporary) within an RC-4 (Residential Commercial Combined, High Density) District, the Van Ness Special Use District and an 80-D Height and Bulk District. The surface parking lot will provide approximately 33 parking spaces. A companion case (Case 2006.1414C) will seek to authorize the conversion of a defunct gas station (Shell). The subject case will address land use violations on the property.
Preliminary Recommendation: Approval with conditions
(Continued from Regular Meeting of February 8, 2007)

13c. 2004.0890CV (S. VELLVE: (415) 558-6263)
1868 VAN NESS AVENUE - southeast corner of Clay Street and Van Ness Avenue; Lot 012 in Assessor's Block 0619 - Request for Conditional Use Authorization, pursuant to Sections 253.2 and 303 of the Planning Code to allow the construction of a building which exceeds 40 feet in height, to construct a mixed-use building of 80 feet in height with approximately 3,000 square feet of ground-floor commercial space, up to 35 dwelling units and 35 below-grade off-street parking spaces within an RC-4 (Residential-Commercial Combine, High Density) Use District, an 80-D Height and Bulk District, and the Van Ness Special Use District.
Preliminary Recommendation: Approval with conditions.

13d. 2004.0890CV (S.VELLVE: (415) 558-6263)
1868 VAN NESS AVENUE - southeast corner of Clay Street and Van Ness Avenue; Lot 012 in Assessor's Block 0619 - Request for Variances from the rear yard and exposure requirements, pursuant to Sections 135, 243(c)(6), and 307(g) of the Planning Code to allow a modified required rear yard for the project and an exception to the exposure requirement for 14 units. The Zoning Administrator will consider the request following the Planning Commission's consideration of the Conditional Use authorization.

14. 2006.1087C (E. JACKSON: (415) 558-6363)
853-855 GOETTINGEN STREET - northeast side, between Olmstead and Mansell, Lot 012 in Assessor's Block 6154 - Request for Conditional Use Authorization pursuant to Planning Code Sections 121 and 303 to allow creation of a lot less than 25 feet in width, for a lot split of a 50 foot wide lot into two lots of 21 feet and 29 feet wide within an RH-1 (Residential, House, Single-Family) District with a 40-X Height and Bulk designation. A new single-family dwelling is proposed on the newly created lot at 853 Goettingen Street. The existing single-family dwelling at 855 Goettingen Street will be expanded at the rear and side.
Preliminary Recommendation: Approval with conditions.
(Continued from Regular Meeting of March 1, 2007)

15. 2006.1275TZ (P. LORD: (415) 558-6311)
PACIFIC AVENUE PROPOSED REZONING - The proposed Ordinance would amend Planning Code and Zoning Maps for the City and County of San Francisco to create a new Neighborhood Commercial District on Pacific Avenue east of Polk Street to the east side of the intersection of Pacific Avenue and Jones Street. The remainder of the parcels east of Jones to Taylor Street would be rezoned to RM-1 (Small Scale Mixed Use Residential). This proposed rezoning would also eliminate the existing Planning Code Section 236 provisions for a Garment Manufacturing Special Use District in the neighborhood. The proposed Ordinance has been crafted to permit the continued use of the commercial portions of Pacific Avenue in a neighborhood commercial zoning district that has been tailored to meet the small scale operational needs and sentiments of local residential property owners and businesses. The tailored controls for the Pacific Avenue NCD preserve the scale and existing character of the neighborhood by reducing allowable height limits, increased rear yard requirements and limiting appropriate commercial uses on the street. The garment manufacturing Special Use District no longer has commercial viability or locational needs in this neighborhood.
Preliminary Recommendation: Approval and forward to the San Francisco Board of Supervisors for consideration.

16a. 2006.0584KXCV (M. LI: (415) 558-6396)
1407-1435 MARKET STREET AND 16-70 TENTH STREET - southwest corner of Tenth and Market Streets; Lot 041 (a portion of the former Lot 039) in Assessor's Block 3507 - Request for a Section 309 Determination of Compliance and Request for Exceptions. The proposed project is the construction of two buildings sharing a common base and containing approximately 719 dwelling units, approximately 19,000 square feet of commercial space, and a garage with a capacity of up to 668 parking spaces (578 residential spaces and 90 commercial spaces). The taller north tower, at the corner of Tenth and Market Streets, will be 35 stories and approximately 352 feet high with a 12-story, 123-foot-high base along Market Street. The shorter south tower, at the corner of Tenth and Jessie Streets, will be 19 stories and approximately 220 feet high. The two towers will be connected by a nine-story, 93-foot-high base running along Tenth Street. The project requires separation of towers, rear yard, comfort-level wind, parking, architectural vertical extension, ten percent upper tower extension, and bulk exceptions pursuant to Section 309(a).
Preliminary recommendation: Approval with conditions
(Continued from Regular Meeting of March 22, 2007)

16b. 2006.0584KXCV (M. LI: (415) 558-6396)
1407-1435 MARKET STREET AND 16-70 TENTH STREET - southwest corner of Tenth and Market Streets; Lot 041 (a portion of the former Lot 039) in Assessor's Block 3507 - Request for Conditional Use Authorization to (1) allow additional square footage above the base FAR of 6.0 to 1 for dwelling units that will be affordable for a minimum of 20 years to households whose incomes are within 150 percent of the median income and (2) exceed the maximum dwelling unit density ratio of one dwelling unit for every 125 square feet of lot area in connection with the mixed-used project described in Item 16a.
Preliminary recommendation: Approval with conditions
(Continued from Regular Meeting of March 22, 2007)


16c. 2006.0584KXCV (M. LI: (415) 558-6396)
1407-1435 MARKET STREET AND 16-70 TENTH STREET - southwest corner of Tenth and Market Streets; Lot 041 (a portion of the former Lot 039) in Assessor's Block 3507 - Request for an elevator penthouse height exemption and usable open space dimension, dwelling unit exposure, hazard-level wind, and loading entry variances in connection with the mixed-used project described in Item 16a. The request for exemptions/variances will be considered by the Zoning Administrator.
(Continued from Regular Meeting of March 22, 2007)

6:00 P.M.

D. 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.


E. CONSIDERATION OF FINDINGS AND FINAL ACTION - PUBLIC HEARING CLOSED

17. 2003.0347E (R. AHMADI: (415)-558-5966)
MARKET & OCTAVIA NEIGHBORHOOD PLAN - Certification of Final Environmental Impact Report - The project area lies to the west of the City's downtown financial district and sits at the junction of several neighborhoods, including, Civic Center, Hayes Valley, Western Addition, South of Market, Inner Mission, the Castro, Duboce Triangle, Eureka Valley, and Upper Market. The proposed neighborhood plan would reclassify the existing zoning from Residential Districts (R), Neighborhood Commercial Districts (NCD's), Moderate-Scale Neighborhood Commercial (NC-3), and Heavy Commercial (C-M) to Downtown General Commercial Districts (C-3-G), Residential Transit Oriented (RTO), Neighborhood Commercial Transit Districts (NCT), Neighborhood Commercial-Transit, and Moderate-Scale Mixed Use Districts (NCT-3). It would also increase height limits in certain areas and reduce height limits in other areas. The proposed zoning and height reclassifications would increase the potential for residential development in the area.
Preliminary Recommendation: Certify the Final Environmental Impact Report.
Please note: The public review period for the Draft Environmental Impact Report is closed. 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.
(Continued from Regular Meeting of March 8, 2007)
NOTE: On March 22, 2007, following public testimony, the Commission closed public hearing and passed a motion of intent to certify by a vote of +4 -1. Commissioner Moore voted no. Commissioners Alexander and Sugaya were absent.

18. 2003.0347E (R. AHMADI: 414-558-5966)
MARKET & OCTAVIA NEIGHBORHOOD PLAN - Adoption of CEQA Findings Related to EIR and Potential Project Approval Action - The project includes proposed amendments to the General Plan, Planning Code and Zoning Map. The project area lies to the west of the City's downtown financial district and sits at the junction of several neighborhoods, including, Civic Center, Hayes Valley, Western Addition, South of Market, Inner Mission, the Castro, Duboce Triangle, Eureka Valley, and Upper Market. The proposed neighborhood plan would: (1) amend the General Plan, adding a new Area Plan (the Market and Octavia Area Plan) and make related amendments to the Commerce and Industry, Housing, Recreation and Open Space and Transportation Elements, the Civic Center Area Plan, Downtown Area Plan, South of Market Area Plan and the Land Use Index; and (2) amend the Planning Code and Zoning Map to reclassify the existing zoning from Residential Districts (R), Neighborhood Commercial Districts (NCD's), Moderate-Scale Neighborhood Commercial (NC-3), and Heavy Commercial (C-M) to Downtown General Commercial Districts (C-3-G), Residential Transit Oriented (RTO), Neighborhood Commercial Transit Districts (NCT), Neighborhood Commercial-Transit, Moderate-Scale Mixed Use Districts (NCT-3). The project would also increase height limits in certain areas and reduce height limits in other areas, and establish new fees. The proposed zoning and height reclassifications would increase the potential for residential development in the area.
Preliminary Recommendation: Adopt CEQA Findings.
(Continued from Regular Meeting of March 8, 2007)
NOTE: On March 22, 2007, following public testimony, the Commission closed public hearing and passed a motion of intent to adopt by a vote of +4 -1. Commissioner Moore voted no. Commissioners Alexander and Sugaya were absent.

19a. 2003.0347MTZU (J. BILLOVITS (415) 558-6390/A. RODGERS: (415) 558-6395)
MARKET AND OCTAVIA PLAN AMENDMENTS - The Planning Commission will consider adopting General Plan, Planning Code, Zoning Map amendments and approve other actions related to the Market and Octavia Plan. On March 22, 2007, the Planning Commission adopted a Motion of Intent to adopt amendments to the General Plan, Planning Code, Zoning Map and other approval actions. The Plan encompasses an irregularly shaped area in northeast San Francisco. It extends two to three blocks in width along Market Street for ten blocks and extends north along the former Central Freeway alignment at Octavia Boulevard for ten blocks. Along Market Street, the Plan Area boundaries extend from 11th and Larkin Streets in the east to Noe and Scott Streets in the west. The boundary jogs north along Noe Street, Duboce Avenue, Scott Street, Waller Street, Webster Street, Oak Street, Buchanan Street, and Grove Street; continues north along the former Central Freeway alignment to include the area up to Turk Street between Laguna and Franklin Streets; and east of Franklin Street jogs south to Grove and Larkin Streets. The Project Area boundary extends south of Market Street between 10th and 11th Street to Howard Street. Extending west along Howard Street, the Project Area boundaries jog along Division, Clinton, Stevenson, Fourteenth, Guerrero, and Sixteenth Streets. The Project Area is comprised of 89 Assessor's Blocks in entirety or in part, including the whole of Blocks 759, 761, 768, 770, 783, 785, 792 to 794, 806 to 809, 813 to 819, 830 to 841, 850 to 858, 863 to 876, 3501 to 3506, 3512 to 3514, 3533 to 3538, 3541 to 3545, 3556 to 3560; and portions of 3507 (lot 40), 3510 (lots 49, 57), 3511 (lots 1, 23, 25, 31, 33, 74, 75, 80, 82, and 93), and 3532 (lots 14, 19B, 35, 36, 88, 89, 90 and 91).
Hearing # 9 - April 5, 2007 - Schedule for Planning Commission Consideration
· Respond to Commissioner comments and questions.
· Consider taking action to approve resolutions adopting amendments to the General Plan, Planning Code, Zoning Map and approving interim procedures within the project area (items a, b, c, d)
The Planning Commission has held a number of public hearings to consider Case No. 2003.0347MTZU. Hearings were held on October 26, 2006, Nov. 2, 2006, Nov. 9, 2006, Nov. 16, 2006, January 11, 2007, Feb. 8, 2007, and Feb. 15, 2007, and March 22, 2007. At the hearings, the Planning Commission considered various aspects of the Project, and on March 22, 2007, passed a Motion of intent to adopt General Plan, Planning Code and Zoning Map amendments and adopt interim procedures for review of projects within the plan area to realize the vision articulated by the community through the Market and Octavia community planning process. For more information on this six-year planning process, please visit our website at ttp://marketoctavia.betterneighborhoods.org. The Commission has considered staff presentations and public comment on specific aspects of the Plan and proposed amendments at each hearing. The Planning Commission will consider the following items and may take action on or after April 5, 2007. Be advised that due to the nature of the public hearings, the Commission may continue any particular hearing item and/or may not hear all items at the hearing. To confirm the final Commission Hearing schedule, on the week of the hearing please visit: http://www.sfgov.org/site/planning_meeting.asp?id=15840 or call Aksel Olsen at 558-6616. For more information on this six-year planning process, please visit our website at http://marketoctavia.betterneighborhoods.org. In addition to providing information about the proposed General Plan, Planning Code and Zoning Map amendments, staff will also provide follow-up information on issues discussed at earlier hearings.
Together, the Commission actions are intended to implement the Market and Octavia Plan. In addition, an historic survey is currently being done of the project area; property owners considering constructing or altering a building in this area should consult with Planning Department staff to determine the historic resource status of their property. Property owners and interested parties are advised that height limits and other controls do not provide unqualified rights to development, but rather, proscribe the maximum potential building envelope that may be permitted; proposed buildings may not reach the maximum permitted building height/envelope. The Commission may also consider establishing interim procedures to guide the review of plans to construct new structures and alter existing structures to protect potentially eligible historic resources in the Plan Area prior to conclusion of an historic resources survey.
Members of the public may review a copy of the proposed amendments at the San Francisco Planning Department office at 1660 Mission Street 5th Floor, San Francisco, CA 94103, at the Public Library (the Main Library 100 Larkin St., and Harvey Milk branch library, 1 Jose Sarria Ct. (near 16th & Market Sts.). An electronic copy of the proposed amendments and actions is available at http://marketoctavia.betterneighborhoods.org. At this hearing, the Planning Commission will consider the following aspects of the Plan:

19b. 2003.0347MTZU J. BILLOVITS (415) 558-6390/A. RODGERS: (415) 558-6395)
MARKET AND OCTAVIA PLAN AMENDMENTS - Adoption of amendments to the General Plan for the area described in item 19a above. The proposed General Plan amendment would add a new area plan, the Market and Octavia Area Plan, and make related amendments to the Commerce and Industry, Housing, Recreation and Open Space and Transportation Elements, the Civic Center Area Plan, Downtown Area Plan. On Sept. 28, 2006, the Planning Commission adopted Res. 17312, a Resolution of Intention to initiate amendments to the General Plan
Preliminary Recommendation: Adopt a Draft Resolution amending the General Plan.
NOTE: On March 22, 2007, following public testimony, the Commission closed public hearing and passed a motion of intent to adopt/approve by a vote of +4 -1. Commissioner Moore voted no. Commissioners Alexander and Sugaya were absent.

19c. 2003.0347MTZU (J. BILLOVITS (415) 558-6390/A. RODGERS: (415) 558-6395)
MARKET AND OCTAVIA PLAN AMENDMENTS - Adoption of amendments to the Planning Code for the area described in item 19a above. The proposed Planning Code amendment would revise Planning Code controls, including controls for land use, height and bulk, building design, loading, parking and establish new fees. On Sept. 28, 2006, the Planning Commission adopted Res. 17313, a Resolution of Intention to initiate amendments to the Planning Code.

In order to fund the community improvements identified in the Plan, the Program document proposes to establish a Development Impact Fee, requiring the growth that generates the demand for additional infrastructure and services to provide some of the revenue required to fund the improvements. The proposal establishes a development impact fee on new residential and commercial development in the Plan Area. The fee proposal is $10.00 per square foot of residential development, and $4.00 per square foot of commercial development.
To encourage the provision of necessary and desirable public infrastructure improvements and also in order to mitigate the impacts of this increased localized density, the Department has established the Van Ness and Market Neighborhood Infrastructure Fund. Developers may provide in-kind public improvements (such as open space or streetscape improvements) or proportional in-lieu contributions to this fund that will allow the city to develop these facilities. The Department estimates that no more than 6 potential development sites would benefit from participating in the program. The Department has set the value of the additional FAR at par with the current market value of historic TDR credits ($15 per square foot).
Preliminary Recommendation: Adopt a Draft Resolution amending the Planning Code.
NOTE: On March 22, 2007, following public testimony, the Commission closed public hearing and passed a motion of intent to adopt/approve by a vote of +4 -1. Commissioner Moore voted no. Commissioners Alexander and Sugaya were absent.

19d. 2003.0347MTZU (J. BILLOVITS (415) 558-6390/A. RODGERS: (415) 558-6395)
MARKET AND OCTAVIA PLAN AMENDMENTS - Adoption of amendments to the Zoning Map for the area described in item 19a above. The proposed Zoning Map amendment would revise Maps 2 and 2H, 7 and 7H, and 2SU and 7SU. The proposed Planning Code text and map (Zoning Map) amendments would a) establish three new zoning districts, b) amend the Hayes-Gough, Upper Market, and Valencia Neighborhood Commercial Districts (NCDs), c) update height and bulk districts, d) establish the Market and Octavia Community Improvements Impact Fee, and e) make related revisions necessary to implement the General Plan. The proposed changes are described in greater detail in Case 2003.0347T (above). As part of Case No. 2003.0347T, the proposed Planning Code text amendment would revise Planning Code controls, including controls for land use, height and bulk, building design, loading, parking and establish new fees. On Sept. 26, 2006, the Planning Commission adopted Res. No. 17314, a Resolution of Intention to initiate amendments to the Zoning Map. The proposed amendments are described more fully below: Establishment of Three Zoning Districts in the Plan Area
The Transit-Oriented Residential Use District (RTO) will replace most of the RH and RM districts zoning north and south of the Market Street corridor, extending north to Turk Street, west to Noe and Scott Streets, and South to Sixteenth Street. The proposed RTO district will encourage moderate-density, multi-family, and residential infill. Because of the availability of transit service, proximity of retail and services within walking distance, and limitation on permitted parking the RTO permits the construction of some housing without accessory parking. Parking controls will establish maximum caps (instead of existing minimum requirements) and housing density will be controlled by building envelope to encourage housing within buildings in keeping with neighborhood scale. Proposed heights in Residential Transit Oriented (RTO) Districts and RH districts primarily remain 40 and 50 feet as currently classified; in some RTO areas, permitted heights will change from 50, 80 and 105 feet to 40 and 50 feet.
A Neighborhood Commercial Transit District (NCT) will overlay the Hayes-Gough Neighborhood Commercial District and portions of the Upper Market and Valencia Neighborhood Commercial Districts within the Market and Octavia neighborhood. In named NCT and NC-1 (T) districts, parking controls will establish maximum caps (instead of existing minimum requirements) and housing density will be controlled by building envelope to encourage housing above ground-floor retail uses. These districts will largely keep the existing specific use-size controls. They include current Neighborhood Commercial Districts (Hayes-Gough, portions of the Upper Market, Valencia) and several parcels currently zoned NC-1.
The Van Ness and Market Downtown Residential Special Use District (VNMDR-SUD) will permit the development of a transit-oriented, high-density, mixed-use neighborhood around the intersections of Van Ness Avenue and Market Street and South Van Ness Avenue and Mission Street. This SUD will overlay existing C-3-G districts and existing C-M districts will be rezoned to C-3-G with this new VNMDR-SUD. Parking controls will establish maximum caps (instead of existing minimum requirements) and housing density will be controlled by building envelope to encourage housing in buildings with mixed-used podiums and some residential towers at two key intersections: Market Street and Van Ness Avenue and Mission Street and South Van Ness Avenue. Proposed heights in the Van Ness and Market Downtown Residential Use District (VNMDR-SUD) will change from 120, 130, 150, 160, 200 and 320 feet to 85, 120, 200, 320 and 400 feet; towers will be permitted over a podium of 85 or 120 feet; the highest towers will be permitted in the vicinity of the Market Street/Van Ness Avenue intersections.
In the Transit-Oriented Neighborhood Commercial Use Districts (NCT), height districts will change from 50, 80 and 105 feet to primarily 55, 65 and 85 feet; these districts will be located in SoMa West and along Market Street. The NCT district will largely replace C-M and NC-3 districts. In the NCT district, parking controls will establish maximum caps (instead of existing minimum requirements) and housing density will be controlled by building envelope to encourage housing above ground-floor retail uses. These districts will largely keep the existing specific use-size controls in place in the NC-3 district. Some heights on some parcels near Brady Street will change from 105 and 60 feet to 40 feet and 85 feet on parcels surrounding a proposed public open space.
Preliminary Recommendation: Adopt a Draft Resolution amending the Zoning Map.
NOTE: On March 22, 2007, following public testimony, the Commission closed public hearing and passed a motion of intent to adopt/approve by a vote of +4 -1. Commissioner Moore voted no. Commissioners Alexander and Sugaya were absent.

19e. 2003.0347MTZU (J. BILLOVITS (415) 558-6390/A. RODGERS: (415) 558-6395)
MARKET AND OCTAVIA PLAN AMENDMENTS - Adoption of a resolution establishing interim procedures for the area described in item 19a above Case establishing interim procedures for Planning Department use for review of projects proposed within the Market and Octavia Plan area to protect potential historic buildings and potential eligible historic district or districts until an historic resources survey (Survey) is completed and the results of the Survey are incorporated into the Market and Octavia Plan and implementing instruments.
Preliminary Recommendation: Adopt a Draft Resolution adopting interim procedures. NOTE: On March 22, 2007, following public testimony, the Commission closed public hearing and passed a motion of intent to adopt/approve by a vote of +4 -1. Commissioner Moore voted no. Commissioners Alexander and Sugaya were absent.

F. COMMISSIONERS' QUESTIONS AND MATTERS

20. 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.

G. DIRECTOR'S REPORT

21. Director's Announcements

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

H. 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) 0directing staff to place the item on a future agenda. (Government Code Section 54954.2(a))

Adjournment:


NOTICE

THE PLANNING DEPARTMENT IS RELOCATING

AS OF MAY 1, 2007, OUR NEW ADDRESS WILL BE

1650 Mission Street,
Suite 400
San Francisco, CA 94103
Phone: 558-6378
Fax: 558-6409

Our current offices at 30 Van Ness (MEA) will be closed April 20 and 23.

All Planning Department offices will be closed April 27 and 30

The Planning Commission has canceled its Regular Hearing of May 3, 2007 to accommodate the move.

Please note:
The Planning Information Center, on the First Floor at 1660 Mission Street, will remain in that location, but WILL BE CLOSED ON FRIDAY APRIL 27 AND MONDAY APRIL 30, 2007.

Any filing deadlines for appeals, Discretionary Review requests, environmental review comments, etc., that occur on those days or the intervening weekend will be extended to 5 p.m. Tuesday,
May 1, 2007.


Last updated: 11/17/2009 9:59:57 PM