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Seal of the City and County of San Francisco
City and County of San Francisco
Public Hearings 
 

January 11, 2007

January 11, 2007

SAN FRANCISCO
PLANNING COMMISSION
Notice of Meeting
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, January 11, 2007
1:30 PM
Regular Meeting

President: Dwight S. Alexander
Vice-President: Christina 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
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 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 Alexander
Commission Vice-President: Christina Olague
Commissioners: Michael Antonini; Sue Lee; William 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.

1a. 2006.0451ACV (T. FRYE: (415) 575-6822)
250 BRANNAN STREET, - between Delancey and 2nd Streets; Assessor's Block 3774, Lot 025 - Request for Conditional Use Authorization to convert an historic warehouse into 37 dwelling units and a public parking garage, per Section 303, 818.14 and 818.30 of the Planning Code. The property is located within an SSO (Service/Secondary Office) District with a 50-X Height and Bulk limit. A Certificate of Appropriateness issued for the proposed project by the Landmarks Preservation Advisory Board at their December 6, 2006 hearing. The Zoning Administrator will hear a related rear yard modification, open space and exposure variance request.
Preliminary Recommendation: Approve with Conditions
(Proposed for Continuance to January 18, 2007)

1b. 2006.0451ACV (T. FRYE: (415) 575-6822)
250 BRANNAN STREET - between Delancey and 2nd Streets; Assessor's Block 3774, Lot 025 - Request for Rear Yard Modification, pursuant to Code Sections 134(e) and 307(g), for an exception to the rear yard requirement for the proposed dwelling units because the existing building has full lot coverage. The project also seeks variances from the open space and exposure requirements, pursuant to Code Sections 135, 140 and 305. The proposed project is the subject of a Conditional Use hearing as described above. The property is located within an SSO (Service/Secondary Office) District with a 50-X Height and Bulk limit.
(Proposed for Continuance to January 18, 2007)

2. 2005.0030E (V. WISE: (415) 558-5955)
3400 CESAR CHAVEZ STREET - Lot 004 of Assessor's Block 6569, bounded by 26th Street, Cesar Chavez Street, Bartlett Street, and Mission Street - Appeal of Preliminary Mitigated Negative Declaration for demolition of the existing building (most recently a retail paint store) and construction of a new four-story building with a 12,000-square-foot Walgreens store and up to three smaller retail spaces on the ground floor, as well as 60 one-, two-, and three-bedroom condominiums above. The building would be about 115,000 gross square feet in size and approximately 50 feet in height. A total of about 97 parking spaces would be provided, with most located in a basement parking garage. Access to the residential and employee parking garage would be from Bartlett Street, while access to surface-level customer parking for the retail stores would be from Cesar Chavez Street. The project site is located within an NC-3 (Moderate Scale Neighborhood Commercial) zoning district and a 50-X height and bulk district. The project site is in the Easter Neighborhoods Planning Area.
Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration
(Proposed for continuance to March 8, 2007)


3. 2006.0070ET (C. NIKITAS: (415) 558-6306)
CONTROLS FOR LOSS OF DWELLING UNITS - a proposed ordinance amending the Planning Code, adding Section 317, requiring a Planning Commission hearing for any project that would eliminate existing legal dwelling units through mergers, conversions, or demolitions of residential buildings, and requiring certain affordability and soundness findings; making environmental findings and findings of consistency with the priority policies of planning code section 101.1 and the general plan. On November 2, 2006, the Commission adopted Resolution No. 17334, intent to initiate a planning code amendment stipulating mandatory discretionary review of all residential demolition and of replacement building permit applications.
(Continued from Regular Meeting of December 14, 2006)
Proposed for Indefinite Continuance

B. COMMISSIONERS' QUESTIONS AND MATTERS

Adoption of Commission Minutes - Charter Section 4.104 requires all commissioners to vote yes or no on all matters unless that commissioner is excused by a vote of the Commission. Commissioners may not be automatically excluded from a vote on the minutes because they did not attend the meeting.

4. Consideration of Adoption:
· Draft Minutes of Regular Meeting of August 3, 2006.

5. Commission Comments/Questions
· Inquiries/Announcements. Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).
· Future Meetings/Agendas. At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.

6. Proposed adoption of Planning Commission hearing schedule for 2007.

7. PLANNING DIRECTOR SEARCH - The Planning Commission will discuss and take possible action on the search for a new Director of Planning. The Commission may take action to: authorize the President of the Commission to execute a contract or contract modification with the existing consultant to continue conducting and assisting in the search for candidates for the position of Director of Planning.

C. DIRECTOR'S REPORT

8. Director's Announcements

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

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. 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.

10. 2006.1407U (D. DIBARTOLO: (415) 558-6291)
801-825 MISSION STREET - south side of Mission Street between Fourth and Fifth Streets, Lot 067 in Assessor's Block 3724 - Request for approval of a Signage Design Guideline Program for subsequent installation of business signs in a Public (P) Use Zoning District under Planning Code Section 605, at the ground level retail spaces at the Fifth and Mission Yerba Buena Parking Garage, in a P (Public) District, and a 90-X/340-I Height and Bulk District
Preliminary Recommendation: Approval

F. REGULAR CALENDAR

11. 2006.1333D (M. LI: (415) 558-6396)
843 HOWARD STREET - south side between 4th and 5th Streets, Lot 082 in Assessor's Block 3733 - Mandatory Discretionary Review of Building Permit Application No. 2006 1205 9187 to maintain operation of a medical cannabis dispensary (dba "The Green Door") of approximately 2,600 square feet. The property is within the C-3-S (Downtown Support) District and a 130-F Height and Bulk District. The subject space was previously occupied by a hair salon. There will be no physical expansion of the existing building or commercial space.
Preliminary Recommendation: Do not take discretionary review and approve the project as proposed

12a. 2005.0259VD (A. HESIK: (415) 558-6602)
755 BAY STREET - south side between Leavenworth and Hyde Streets, Lot 040 in Assessor's Block 0045 - Request for Discretionary Review of Building Permit Application No. 2004.07.06.8041, proposing to legalize the construction of a roof deck and to construct a new staircase. The property is located within an RH-3 (Residential, Three-Family House) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the project.

12b. 2005.0259VD (A. HESIK: (415) 558-6602)
755 BAY STREET - south side between Leavenworth and Hyde Streets, Lot 040 in Assessor's Block 0045 - Request for a rear yard Variance. The proposal is to legalize the construction of a 330-square-foot roof deck with solid railings and to construct a new wood-frame staircase to access the deck from the exterior of the second level of the building. The roof deck and staircase would be located on an existing non-complying building that is located entirely within the required rear yard. The property is located within an RH-3 (Residential, Three-Family House) District and a 40-X Height and Bulk District.

13. 2006.0102D (A. HESIK: (415) 558-6602)
434-438 GREENWICH STREET/42-46 TELEGRAPH PLACE - north side between Telegraph Boulevard and Child St; Lot 006 in Assessor's Block 0078 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of dwelling unit mergers, of Building Permit Application No. 2006.09.27.3502. The subject property is a four-story building with five legal dwelling units. The proposal is to convert the number of dwelling units in the building from five units to four units by merging two units on the second floor. The subject property is within an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Disapproval

14a. 2005.0739CP (S. VELLVE: (415) 558-6263)
720 LA PLAYA - east side between Balboa and Cabrillo Streets; Lot 1596 in Assessor's Block 042 - Request for Conditional Use Authorization pursuant to Sections 711.83 and 303 of the Planning Code to install a total of three (3) antennas screened from view on the roof of an existing approximately 50-foot tall mixed-use structure, as part of Sprint's wireless telecommunications network within an NC-2 (Neighborhood Commercial) District, and 40-X Height and Bulk District. The related equipment cabinets would be located on the roof as well. Per the City and County of San Francisco's Wireless Telecommunications Services (WTS) Facilities Siting Guidelines the proposal is a Preferred Location Site5.
Preliminary Recommendation: Approval with Conditions.

14b 2005.0739CP (S. VELLVE: (415) 558-6263)
720 LA PLAYA - east side between Balboa and Cabrillo Streets; Lot 1596 in Assessor's Block 042 - Request for Coastal Zone Permit pursuant to Section 330 of the Planning Code to install a total of three (3) antennas screened from view on the roof of an existing approximately 50-foot tall mixed-use structure, as part of Sprint's wireless telecommunications network within an NC-2 (Neighborhood Commercial) District, and 40-X Height and Bulk District.
Preliminary Recommendation: Grant Coastal Zone Permit.

15. 2006.0734C (M. GLUECKERT: (415) 558-6543)
3192 16TH STREET, NORTH SIDE BETWEEN GUERRERO AND VALENCIA - Request for Conditional Use Authorization under Planning Code Sections 726.48 and 790.38 for Other Entertainment within the Valencia Street Neighborhood Commercial District and within a 40-X Height and Bulk District. The existing bar use, d.b.a. "Double Dutch", formerly known as "Cama", will not change. The new owner is seeking authorization for recorded amplified music and a DJ. Hours of operation will remain 5pm to 2am. No physical expansion or increase in exterior dimensions of the existing building is proposed.
Preliminary Recommendation: Disapproval
(Continued from Regular Meeting of November 16, 2006)

16a. 2004.1245EKVX (J. MILLER: (415) 558-6344)
300 GRANT AVENUE (AKA 272 AND 290 SUTTER STREET) - northeast corner at Sutter Street, Lots 13 and 14 in Assessor's Block 287, in a C-3-R (Downtown Retail) District and an 80-130-F Height and Bulk District - Request for review under Planning Code ("Code") Section 309 of the construction of a new, 12-story mixed-use building containing approximately 56 dwelling units, approximately 15,000 square feet of ground- and second-floor retail space, and up to 40 off-street parking spaces in a two-level underground garage, requiring the authorization of exceptions to Code standards for height above 80 feet, building bulk, rear yard, and off-street parking, as well as the granting of Variances of Code standards for usable open space and dwelling-unit exposure.
Preliminary Recommendation: Approval with Conditions

16b. 2004.1245EKVX (J. MILLER: (415) 558-6344)
300 GRANT AVENUE (AKA 272 AND 290 SUTTER STREET) - northeast corner at Sutter Street, Lots 13 and 14 in Assessor's Block 287, in a C-3-R (Downtown Retail) District and an 80-130-F Height and Bulk District - Request for Variance of Planning Code standards for usable open space and dwelling-unit exposure in conjunction with the construction of a new, 12-story mixed-use building containing approximately 56 dwelling units, approximately 15,000 square feet of ground- and second-floor retail space, and up to 40 off-street parking spaces in a two-level underground garage.

17a. 2006.0134EVX (D. DIBARTOLO: (415) 558-6291)
16 JESSIE STREET/1 ECKER STREET - north side of Jessie Street between First and Second Streets, Lot 022 in Assessor's Block 3708 - Request for Determination of Compliance and Rear Yard Exception under Section 309 of the Planning Code. The project would convert the existing four-story commercial building, a Category I structure constructed in 1906, with a total area of approximately 57,000 gross square feet, from office and retail uses to residential and retail uses. The conversion would retain approximately 2,000 square feet of retail use along the Ecker Street frontage and would add approximately 51 residential dwelling units from the ground through the fourth floor levels. The existing building currently contains no existing off-street parking spaces and no off-street parking spaces are proposed as part of the project. As the existing structure fully covers the lot, an exception to the rear yard requirements is requested at all residential floor levels. The property is currently within a C-3-O (Downtown, Office) District and a 550-S Height and Bulk District.
Preliminary Recommendation: Approval with Conditions

17b. 2006.0134EVX (D. DIBARTOLO: (415) 558-6291)
16 JESSIE STREET/1 ECKER STREET - north side of Jessie Street between First and Second Streets, Lot 022 in Assessor's Block 3708 - Request for a Residential Dwelling Unit Exposure Variance under Planning Code Section 140. As approximately 19 of the proposed dwelling units would face onto either Ecker Street with its 10-foot width or the inner courtyard at the center of the building, the units cannot meet the applicable dwelling unit exposure code requirements. The Zoning Administrator will hear the variance application concurrently with the Planning Commission. See Item "a" above for a project description. The property is currently within a C-3-O (Downtown, Office) District and a 550-S Height and Bulk District.

18. 2006.1284ET (C. NIKITAS: (415) 558-6306)
CONDITIONAL USE FOR DEMOLITION OF DWELLING UNITS - a proposed ordinance amending the Planning Code, introduced by Supervisor Sophie Maxwell under Board File 061371, adding Section 317, prohibiting the demolition of residential units unless Conditional Use authorization is granted for the replacement building, making environmental findings and findings of consistency with the priority policies of planning code section 101.1 and the general plan.
Preliminary Recommendation: Adopt resolution approving amendment with modifications
(Continued from Regular Meeting of December 14, 2006)

19. 2006.1399ET (S. SANCHEZ: (415) 558-6326)
Consideration of an ordinance initiated by Supervisor Peskin on November 7, 2006 (Board File No. 061539) which would amend Planning Code Section 176 (Enforcement Against Violations) by: 1) Providing for penalties for violation of the Planning Code of not less than $200 per day. 2) Specifying that the City Attorney may seek attorneys' fees and costs for all enforcement actions. 3) Providing that all such fees and costs collected shall be deposited into the Planning Code Enforcement Fund. 4) Making and adopting environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.


20. 2006.1400ET (S. SANCHEZ: (415) 558-6326)
Consideration of an ordinance initiated by Supervisor Peskin on November 7, 2006 (Board File No. 051844) which would amend Planning Code Section 610 (Violation of General Advertising Sign Requirements) by, among other things, deeming violations of this section a public nuisance, defining "Responsible Party", amending the penalty accrual, amount and collection provisions, requiring building permits for compliance work, providing for reconsideration hearings before an Administrative Law Judge, and establishing a hearing fee; and making and adopting environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

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.

21. 2002.1129E (S. JONES: (415) 558-5976)
SAN FRANCISCO MARINA RENOVATION - Certification of Final Environmental Impact Report - The proposed project is the renovation of the San Francisco Marina at 3950 Scott Street (Assessor's Block 900, Lot 003). Water-side improvements would include installation of three new breakwater structures and the removal of two existing breakwater structures; reconstruction of portions of the degraded rip-rap slopes around the interior shorelines of the marina and along the outer seawall (between the St. Francis and Golden Gate Yacht Clubs); maintenance dredging; replacement and reconfiguration of the floating docks and slips; replacement of gangways and security gates; installation of an oily water and sewage pump-out facility and refurbishment of two sewage pump-out facilities; upgrade of electrical and water services to the new floating docks; and improved lighting on the docks. Landside improvements would include renovation of marina restroom, shower, and office buildings; conversion of a vacant building (former Navy Degaussing Station) into office space; construction of a new 1,000-square-foot maintenance building; and re-striping of existing parking lots. The project site is within a P (Public) Use District and an OS (Open Space) Height and Bulk District.
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.
Preliminary Recommendation: Certify the Final Environmental Impact Report
(Continued from Regular Meeting of November 2, 2006)

7:00 P.M.

22. 2003.0347MTZ (J. BILLOVITS (415) 558-6390/A. RODGERS: (415) 558-6395)
MARKET AND OCTAVIA PLAN AMENDMENTS - The Planning Commission will hold a series of public hearings beginning on or after October 26, 2006, to consider Case No. 2003.0347EMTZ, adopting a Motion to certify the Final Environmental Impact Report and adopt CEQA Findings and consider Resolutions to adopt amendments to the San Francisco General Plan, Planning Code and Zoning Map related to the Market and Octavia Neighborhood Plan. A series of public hearings are scheduled for October 26, 2006, Nov. 2, 2006, Nov. 9, 2006, Nov. 16, 2006, and Dec. 7, 2006. The Commission will consider and receive public comment on specific aspects of the Plan and proposed amendments at each hearing.

The series of hearings was originally scheduled to culminate in a hearing to consider adoption actions on or after Dec. 7, 2006. As the Nov. 16th hearing was cancelled, the Commission held hearing number four on Dec. 7, 2006 and hearing number five on December 14, 2006. Additional hearings are likely to be added after the new year, with adoption actions on or after January 18, 2007.

At the hearings, the Planning Commission will consider a rezoning and public improvements program 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.

Draft Schedule for Planning Commission Hearing

This calendar gives notice that the Planning Commission will be hearing the following aspects of the Market & Octavia Plan on or after December 14, 2006. 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.

Hearing # 5 - January 11, 2007

At this hearing, the Planning Commission may consider the following aspects of the Plan:

· Community Improvements / Public Benefits (continuation)
· SoMa West Area Heights Review - "Towers and Transitions"
· "Pipeline Projects" Discussion on Plan Proposal
? Overview of various minor project-related issues in plan area
? 555 Fulton St. land use and height district issue
· Follow-Up on various Comments and Questions (continuation)

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.

Plan Area
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 toTurk 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).

Specifically, the Commission will consider the following items and may take action on or after January 18, 2007:

? Case 2003.0347M - a proposed General Plan amendment that 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, South of Market Area Plan and the Land Use Index;

? Case 2003.0347T - a proposed Planning Code text amendment that would revise Planning Code controls, including controls for land use, height and bulk, building design, loading, parking and establish new fees;

? Case 2003.0347Z - a proposed Zoning Map amendment that 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).

Together, these 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. (near16th & Market Sts.). An electronic copy of the proposed amendments and actions is available at http://marketoctavia.betterneighborhoods.org.

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. 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.

Establishment of New Fees in the Plan Area
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 the following:

· Draft Motion to Certify the EIR and adopt CEQA Findings (Case 2003.0347EE)
· Draft Resolution to amend the General Plan (Case 2003.0347M)
Draft Resolution to amend the Planning Code (Case 2003.0347T)

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

Adjournment:

Last updated: 11/17/2009 9:59:56 PM