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City and County of San Francisco

January 10, 2008

January 10, 2008

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, January 10, 2008

1:30 P.M.

Regular Meeting

COMMISSIONERS PRESENT: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

COMMISSIONER ABSENT: Alexander

THE MEETING WAS CALLED TO ORDER BY VICE-PRESIDENT OLAGUE AT 1:34 P.M.

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Larry Badiner – Zoning Administrator, Amit Ghosh – Chief Planner, AnMarie Rodgers, Mathew Snyder, Jonas Ionin, Mary Woods, Scott Sanchez, Tara Sullivan-Lenane, Edgar Oropeza, Rich Crawford, and Linda Avery – Commission Secretary.

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. 2007.0718C (A. Hollister: (415) 575-9078)

507 Columbus Avenue - west side between Union and Green Streets, Lot 005 in Assessor's Block 0117 - Request for Conditional Use Authorization to establish a retail wine store and a bar (dba  Vino Divino ) of approximately 807 square feet within the vacant, existing ground-floor commercial space. No physical expansion of the existing building is proposed. The bar portion of the proposal is intended to be a  wine bar which will sell beer and wine for consumption on- site with the retail wine store portion of the business selling beer and wine for consumption off-site. This site is within the North Beach Neighborhood Commercial District, and a 40-X Height and Bulk District.

Preliminary Recommendation:

(Proposed for Continuance to January 17, 2008)

SPEAKER(S): None

ACTION: Continued to January 31, 2008

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

ABSENT: Alexander

2. 2006.1227C (R. CRAWFORD: (415) 558-6358)

5735-5757 Mission Street- southeast side between Whittier and Oliver Streets Lots 038, 039, 040 of Assessor's Block 6473 - Request for Conditional Use Authorization under Planning Code Sections 711.11 and 711.39 to develop a lot greater than 9,999 square feet in area and to demolish residential units above the ground floor in the NC-2 Small Scale Neighborhood Commercial District and a 40-X Height and Bulk District. The project will demolish the three existing buildings on the property, containing 7 dwelling units, combine the lots into one parcel, and construct a new 4 story tall, mixed use building with 22 dwelling units, ground floor commercial space and underground parking.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of November 15, 2007)

(Proposed for Continuance to February 7, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

ABSENT: Alexander

3. 2007.1245T (T. Sullivan-Lenane: (415) 558-6257)

Amendments relating to Planning Code Sections 725.1 and 725.42 of the Union Street Neighborhood Commercial District [Board File No. 07-1425] - Ordinance introduced by Supervisor Alioto-Pier amending Planning Code Sections 725.1 and 725.42 of the Union Street Neighborhood Commercial District to provide for a limited number of new full-service restaurant uses that satisfy specific requirements and obtain conditional use authorization, making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval with Amendments

(Proposed for Continuance to February 7, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

ABSENT: Alexander

4. 2004.1245E (N. TURRELL: (415) 575-9047)
300 Grant Avenue
(aka 272 and 290 Sutter Street) - Assessor's Block 0287, Lots 013, 014 - Appeal of a Preliminary Mitigated Negative Declaration. The 10,500 square-foot project site is located at 300 Grant Avenue (aka 272-290 Sutter Street) on the northeast corner of Grant Avenue and Sutter Street in the Financial District neighborhood. The proposed project would involve the demolition of two buildings containing approximately 35,600-square feet of retail space and construction of an approximately 114,354 gross square foot, 12-story, 130-foot tall building containing up to 56 residential units, 15,000 square feet of retail space, and 34 to 40 off-street parking spaces. The retail entrance to the proposed project would be at the corner of Grant Avenue and Sutter Street, while the residential lobby entrance would be at the corner of Grant Avenue and Harlan Place. Access to the parking garage would be from Harlan Place off Grant Avenue. The site is zoned C-3-R (Downtown Retail) within an 80-130-F height and bulk district, and the Downtown Area Plan of the General Plan.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

(Continued from Regular Meeting of December 6, 2007)

NOTE: On July 12, 2007, following public testimony, the Commission entertained a motion to uphold the Preliminary Mitigated Negative Declaration (PMND) by a vote of +2 -4, the motion failed. Commissioner S. Lee was excused. The Commission continued the matter to September 6, 2007 by a vote +5 -1,

(Proposed for Continuance to January 31, 2008)

SPEAKER(S): None

ACTION: Continued to February 21, 2008

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

ABSENT: Alexander

5a. 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, 11-story mixed-use building containing approximately 43 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

(Continued from Regular Meeting of December 6, 2007)

(Proposed for Continuance to January 31, 2008)

SPEAKER(S)None

ACTION: Continued to February 21, 2008

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

ABSENT: Alexander

5b. 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, 11-story mixed-use building containing approximately 43 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.

(Continued from Regular Meeting of December 6, 2007)

(Proposed for Continuance to January 31, 2008)

SPEAKER(S): None

ACTION: Continued to February 21, 2008

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

ABSENT: Alexander

B. COMMISSIONERS' QUESTIONS AND MATTERS

6. Proposed adoption of Planning Commission hearing schedule for 2008.

SPEAKER(S): None

ACTION: Approved

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

ABSENT: Alexander

7. 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.

Commissioner Antonini

- I just wanted to point out an article in today's Chronicle commenting on the closing, at least hopefully temporarily, of the Washington Square Bar and Grill.

- In the old days, the Planning Commission used to adjourn at 2 o'clock and go there. Those were very different times because we had very short meetings.

- On restaurants in general -- I hope we are not moving to the point where we have very high end restaurants making it more difficult for what we consider middle range restaurants.

- It is important to look at businesses that are impacted by the payroll tax. Sometimes they move to other locations for that reason.

- That is another reason that we have to look at how we are handling our restaurants in terms of land use and make sure not to make it more difficult for them to stay in business here.

- This is an issue that we are hearing a lot about and it is one that we have to be sensitive to.

- There are increasing indications that many of these restaurants are looking at places outside of San Francisco to locate.

- Patrons do not just come from San Francisco and they are not just tourists. But many patrons are and can go to restaurants from other parts of the Bay Area.

- Historically, they come to San Francisco because for the quality, ambiance and many other things. But there is a point where things start to break and they move when we no longer can meet their needs.

Commissioner W. Lee

- I would like to let the Commission know that apparently Trader Vicks is shutting down off Golden Gate and that adds to some of our concerns about the economy

- I welcome new Director Rahaim and look forward to working with you.

- Thanked Larry Badiner and Amit Ghosh for the fine work done with the Commission and the public. Special thanks to Linda Avery.

- Director Rahaim, you will find sometimes that we are outside the box. However that is part of San Francisco.

- Last week I went to the website and printed a copy of the Mayor's Office of Economic and Work Force Development report on sustaining our prosperity -- San Francisco Economic Strategy was published in November 1, 2007. It is a long document. I was wondering if we could get copies from staff.

- It is very good in terms of economic forecast. It sort of points out where we are strong and weak. I would like to ask someone from the Mayor's Office to come and present it to the Planning Commission before finalizing the Eastern Neighborhoods.

- Also, can we have a budget report? As you know we are going to have a budget deficit for next year and the Mayor has asked for budget cuts.

- Regarding working with the Department of Building Inspections -- I would ask Director Rahaim to meet with the Director of the Building Inspection Department and report back on what the issues are.

- I was invited by the North Beach Chamber of Commerce on December 21 to accept the APA award for what they consider great places of America and North Beach is nominated.

- One of the four director members, Jeffrey from the APA, came and presented the award to the North Beach Chamber of Commerce.

- We presented a Certificate of Honor on behalf of Mayor Newsom to the APA for giving us this great award. I would like to thank them for inviting me to accept the award on behalf of the City.

Commissioner Moore

- There were interesting articles over the holidays that you might have seen or maybe not.

- An article on January 7th on the Flower Mart saying that the Flower Mart wants its tenants out. That goes very much into our discussion and searches into what is really going on.

- Another article that is not necessarily relevant to what we are doing but it is an article on City College and the suspicion of political fundraising abuse in the 2005 campaign. Since these people are in front of us, at least some background might be of interest.

- On a more positive note: I had a good fortune this morning sitting for an hour and a half with Director Jared Blumenfeld from the San Francisco Department of the Environment and listening to the phenomenal work they are doing.

- I strongly encourage Planning, under our new leadership, for those two departments to really step up and work together in a manner that we have not seen before.

- With the Mayor's new policy for the City to be green and really leading in more ways than just green buildings, I strongly encourage that we really look at the phenomenal work that they have done.

- I have witnessed this over years on the Treasure Island Master Planning project and the sustainable guidelines for that particular project.

- I hope that we all participate more in the high qualifications of that Department and see it as two joint forces to really have a broader based discussion about green planning, green urban designs, and green building technology as an every day discussion.

- I would like to hear more substance about that once a week.

Commissioner W. Lee

- In response to Commissioner Moore's comments -- under the Department of Environment, if you look at their website, they do have a strategic plan. All Cities under the charter are required to have a strategic plan and it is very comprehensive.

- I agree that they are doing some very good work there and we have an option to look at their strategic plan or asking Jared Blumenfeld to come and present the strategic plan that goes for the next year in light of Mayor Newsom's green policy.

Commissioner Sugaya

- There is an article in the latest Bay Guardian that mentions the Planning Department and the Academy of Arts University situation.

C. DIRECTOR'S REPORT

8. Director's Announcements

John Rahaim, New Director of the Planning Department

- It is great to be here and I truly look forward to working with the Planning Commission on these very big challenges and opportunities that we have in front of us in the City.

- It is a great time to be in San Francisco. It is such a fantastic City.

- I look forward to working with staff, the Commission and the community on how to make the City even better over the next few years.

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

AnMarie Rodgers

Land Use Committee

NONE

Board of Supervisors

A- Introductions:

a. Ordinance Amending Building Code to impose green building requirements on newly constructed buildings of a certain size. This was part of the package introduced by the Mayor.

b. Resolution that would commit San Francisco to join other California cities in an effort to promote local, regional and national sustainability measures called The California Green Cities Initiative.

c. Motion that would adopt the Planning Department's report on the Interim Moratorium for institutional uses in Western SoMa. This Commission will be getting a copy of that report next week.

Larry Badiner, Zoning Administrator

- In your packet for next week there is memorandum on the Academy of Arts.

- The Academy has requested CU on 4 or 5 projects that are life-safety issues. I just want to make this Commission aware of that.

- We are making sure that the Board of Supervisors and the Flower Mart people be made aware of it also.

- We are inclined to approve these life-safety issues that have to do with seismic safety, windows and staff like that. We will keep you informed.

Board of Appeals

NONE

10. (Tape IA; IB) (M. SNYDER: (415) 575-6891)

CANDLESTICK/49ers PROJECT - Informational presentation on the integrated development of Candlestick Point and Parcels A-3 and B-E of the Hunters Point Shipyard.

(Continued from regular Meeting of December 20, 2007)

SPEAKER(S)

Michael Cohen, Director of Economic and Work Force Development

- For a decade, the entire city family from the Board of Supervisors, Mayor's Office, the Planning Department and the Redevelopment Agency Commission have engaged in extensive community based discussions on how to revitalize this very important site.

- With enough private investment and the thoughtful participation of the public sector, these properties can be reborn into an incredible source of parks, jobs and affordable housing.

- Because this land has been abandoned for so long, we can achieve all these public benefits without any displacement -- a real unique opportunity that this project presents.

- About two years ago, we were working with the 49ers on the idea of a stadium on Candlestick as part of a much larger mixed-use development project.

- The United States Olympic Committee invited San Francisco to submit a bid for the 2016 Olympics. That is how we came up the 49ers project idea to respond to that bid.

- There are three fundamental elements to the conceptual frame work.

- The first one is identifying policy objectives: create jobs and economic development for the entire City, build publicly accessible parks and open space, and build significant housing including affordable housing.

- The second conceptual frame work is the means to achieve these goals and objectives: the opportunity to utilize public/private partnerships because a lot of money needs to be invested.

- Finally, we were instructed to work as hard as we can to address the concern of the 49ers and to try compelling an opportunity site for them. But the conceptual frame work was very clear in saying that our first priority is to the City in general.

- This process has been incredibly transparent and has involved an extraordinary amount of public participation with regular public meetings with various associations in the community.

- We are going to the Board of Supervisors' Land Use Committee on Monday. After that we are going to meet with the community for a couple of months.

Kofi Bonner, President of the Lenard Bay Area Urban Division

- You will see a plan that in many ways is very detailed but in some ways still conceptual. There is plenty of room to define and improve this plan.

- We have had the pleasure of working with various members of your staff as well as several other departments to indeed provide that fine tuning.

David Tom, Architect

- This is a great opportunity to create jobs, educational opportunities and over time will result in something that is iconic and memorable as a unique part of San Francisco in meeting together as an extension of Bayview Hunters Point.

- This is one of the largest redevelopment areas under planning.

- [Presented a summary of the current open space and how the new series of urban parks would complete the Bay Trail]

- We started looking at extending the existing San Francisco grid. It is unique because it has a particular scale that is conducive to the pedestrian scale.

- We are trying to create a compact development and a variety of housing forms including low, middle and high rise housing.

- The first phase is targeted to replace all of the existing housing and to enable people to move from where they are and stay in the neighborhood.

- The artist community is currently somewhat isolated and it would become an integral part of the community.

- The stadium is an important piece. We are designing it in a way that enables its use as parking and also as recreational space.

- The non-stadium alternative gives us this whole notion of research and development into a broader land area. There is an opportunity to create more  green collar' employment.

- Transportation is obviously a key. We are promoting non reliance on automobiles and increasing public transportation and walking. It requires a comprehensive transportation management plan.

- The Bus Rapid Transit which runs through Candlestick provides new accessibility to the entire area.

- There would be a requirement to improve transportation and make it interchangeable. This would be a strategic move that will improve the system and the flow for accessibility. All of the roads are designed to be bike friendly.

- [Showed pictures of what this would look like with all the community benefits]

- This is an opportunity to create affordable housing, create jobs, building really good housing, and bring in things that we do not have in the Bayview like grocery stores.

(+)[No name stated]

- I hope that the level of focus for this project will be maintained because it is the greatest opportunity to address a community that has been long neglected.

(+)Al Norman, President of the Bayview Merchants

- Spoke in support of the project and encouraged the Commission to support it as well because it would support committed merchants in the area for a positive change to the growing generation.

(+)Arelious Walker, Pastor

- I fully support this project and appreciated all the work done because this is the last opportunity for the survival of the Bayview Hunters Point community.

(+)Iana Katz

- Expressed full support for this project.

(+)Davidson

- Expressed support for this project.

ACTION: No action is required of the Commission. Information presentation only

11. (Tape IB; IIA) (J. IONIN: (415) 558-6309)

SERVICE STATION CONVERSIONS - Informational presentation updating the Commission on current requests for conversion and a summary of Zoning Administrator Conversion Determination criteria versus the criteria for Planning Commission conditional use authorization.

SPEAKER(S): None

ACTION: No action is required of the Commission. Informational presentation only

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.

SPEAKER(S)

None

E. REGULAR CALENDAR

12. 2007.0536D (Tape IIA) (M. WOODS: (415) 558-6315)

1222 SUTTER STREET - north side between Polk Street and Van Ness Avenue; Lot 009 in Assessor's Block 0670 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of medical cannabis dispensaries, of Building Permit Application No. 2007.04.12.8582S, to legalize an existing medical cannabis dispensary (dba CannaMed Care). CannaMed Care currently offers onsite smoking for patients and staff, although this would be prohibited under the proposed project since the site is located within 1,000 feet of an elementary school. No physical expansion of the existing building is proposed. The subject property is within an RC-4 District and the Van Ness Special Use District, and a 130-V Height and Bulk District.

Preliminary Recommendation: Do not take discretionary review and approve the project as proposed

SPEAKER(S)

Patrick Buscovich, Project Sponsor Representative

- This is a unique destination block made up of commercial specialty stores.

- There is significant public transit located near the Saint Francis Hospital and the new Children's Hospital.

- It is within 1,000 feet of a school. Although the front door of this building to the schools front door exceeds the 1,000 feet. It is not really a transit corridor for the children.

- This facility supports a diverse economic base. There are a number of vacant stores on this block and this store has been an anchor. It has provided a referral to other businesses.

- It has full time security at the front door, retains a patrol security, currently has interior building security, disabled access and it is one of the better locations in the City.

ACTION: Did not take Discretionary Review and Approved

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

ABSENT: Alexander

13. 2005.0336D (T. FRYE: (415) 575-6822)

252 HOLYOKE STREET - between Felton and Burrows Streets; Assessor's Block 5976, Lot 006 - Request of Discretionary Review for residential demolition to remove two 1906 Earthquake Refugee Shacks from the property to allow for their preservation at alternate locations, to demolish the non-historic additions, and to construct a new single-family dwelling. The property is located within an RH-1 (Residential, Single-Family) District with a 40-X Height and Bulk District. The Zoning Administrator will hear a related rear yard variance request for 908 Page Street, Case #2007.1279V Assessor's Block, 1217 Lot 002 to relocate one of the shacks in a required rear yard setback.

Preliminary Recommendation: Do not take Discretionary Review and Approve Project

(Continued from Regular Meeting of December 13, 2007)

SPEAKER(S): None

ACTION: Without hearing, continued to February 7, 2008

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

ABSENT: Alexander

14. 2005.0490E (J. NAVARRETE: (415) 575-9040)

3500 19th STREET - northwest corner of Valencia and 19th Streets - Appeal of Preliminary Mitigated Negative Declaration for the construction of a 5-story, 50-foot-tall building totaling approximately 29,829 square feet, with 17 dwelling units, 17 off-street parking spaces, and about 2,852 square feet of retail space. The project site (Block 3588, Lot 012) is in the Valencia Neighborhood Commercial District and a 50-X Height and Bulk District. The project site is in the Eastern Neighborhoods Plan Area and is subject to the Housing/Mixed Use Guidelines. The proposed project would require a Conditional Use Authorization.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

(Continued from Regular Meeting of November 15, 2007)

SPEAKER(S) ON THE CONTINUANCE

Mark

- Expressed concerns of items being continued without previous notice to the public.

ACTION: Without hearing, continued to January 31, 2008

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

ABSENT: Alexander

15. 2005.0490C (T. FRYE: (415) 575-6822)

3500 19TH STREET - at the northwest corner of 19th and Valencia Streets; Assessor's Block 3588, Lot 012 - Request for Conditional Use Authorization pursuant to Planning Code Sections 121.1 and 726.11 to construct a five-story, 17-unit mixed-use development on a 10,000 square foot lot. The property is located within the Valencia Neighborhood Commercial District with a 50-X Height and Bulk District.

Preliminary Recommendation: Approve with Conditions

(Continued from Regular Meeting of November 15, 2007)

SPEAKER(S): Same as those listed on item 14

ACTION: Without hearing, continued to January 31, 2008

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

ABSENT: Alexander

16. (Tape IIA; IIB) (S. SANCHEZ: (415) 558-6326)

INDUSTRIAL ZONE - POLICIES AND PROCEDURES - A review of policies and procedures for development proposals in industrial zoning districts as contained in Planning Commission Resolution No. 16202 and consideration of adoption of a resolution establishing additional policies and procedures for development proposals in industrial zoning districts. Includes presentation from the Western SoMa Citizens Planning Task Force regarding institutional uses within the Western SoMa planning area.

(Continued from Regular Meeting of December 20, 2007)

SPEAKER(S)

Jim Meko, Western SoMa Citizen Task Force

- There are currently interim policies in place reflecting the controls adopted by this Commission in 1999.

- In the report that staff prepared for the Board of Supervisors, they do identify the possibility of creating a special use district around the Flower Mart. We are really not interested in doing any one particular use for any one particular site.

- We are really looking at this from the perspective of comprehensive planning.

- we do have a draft community plan in progress right now.

- You are welcome to visit our website at SFGOV.ORG/Western SoMa. It is developing and it is going to be a living document.

- We hope to have our draft plan ready for your review by the middle of this year.

- We have a vision clearly developed in the Western SoMa Special Use District.

- Housing can be a threat to the preservation of small businesses. When the SLI [Service Light Industrial] district was created, market rate housing was prohibited.

- In our recommendations coming forward, we are going to ask that this area continue its prohibition on market rate housing and to include another prohibition on housing in general.

- We are also introducing the notion of the Arts proposing a name change for this district as a Service Arts and Light Industrial with the idea that arts need some zoning for survival.

(+)Sue Hestor, On behalf of the Tenants of the Flower Mart

- I urge you to adopt the amendment of Resolution 16202 as staff recommended.

- Also, I urge you to take the next step on The Academy of Arts and have the next hearing soon.

Patrick - Flower Mart

- Submitted two letters: one that came out in October saying that we needed to get out and the second one was sent out on December 26 that tells us to be out in February.

- The Academy of Arts University is saying that they are working with the tenants. There are around 22 merchants that have not been contacted.

(+)John Holden

- I ask that you impose new and true industrial protections on the zone before loosing another vital activity like the Flower Mart.

Mark Tognelli, Tenant of the Flower Mart

- The Academy of Arts has not contacted us as they are saying. They should look into the possible revitalization of underdeveloped areas for their growing institution without displacing anybody.

(-)Michael Burke, Academy of Arts Representative

- I recommend that you be cautious with these amendments because section 890.50 covers institutions like community facilities, recreation areas, childcare, religious facilities, etc.

ACTION: Approved with amendments as recommended by staff

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

ABSENT: Alexander

RESOLUTION: 17525

17. 2007.1346T (Tape IIB) (A. Rodgers: (415) 558-6395)

ADMINISTRATIVE CODE – TOURIST HOTEL CONVERSION ORDINANCE – BOARD FILE 07-1528 - The proposed Ordinance would amend the Administrative Code to add Section 41F prohibiting conversion of Large Tourist Hotels into condominium projects. The Ordinance would allow the Planning Commission to issue exemptions for conversion of up to 500 units in the following two year. It lists criteria for additional conversions as determined by the Planning Commission and requires applicants for exemptions to provide the Planning Department with certain information regarding the conversion. The Ordinance would be enacted with a sunset period of 10-years. Preliminary Recommendation: Approval with Amendments

SPEAKER(S)

David Noyola, Supervisor Peskin's Office

- This is not a new issue. It is permanent legislation that comes on the heels of a temporary moratorium that was extended once by the Board of Supervisors.

- The original legislation was based on a very simple premise – that it is impossible to overstate the importance of the tourism industry in San Francisco's economy and our City's character.

- Attracting visitors to our City provides for an enormous portion of our tax revenue that the City depends on every year as we prepare our budget.

- Our ability to attract conventions, specifically, is one of the pillars of that tourism industry.

- The original legislation's temporary moratorium was concerned with dealing with the new trend towards conversion of blocks of rooms in large tourist hotels that are normally available for block booking by conventions that come to town.

- The temporary moratorium has served its purpose and has shown how we ought to continue it on a permanent basis.

- We know when a large convention is in town because it is sometimes an inconvenience to us -- because we close streets on occasions but it is worth it to bring that many people to San Francisco and to bring in tax revenue.

- One of the ways to continue to be an option for conventions to come to San Francisco is to make sure that we have a stock of hotel rooms that meets the needs of the conventions.

[-]Sean Louis, Research Director for Unite Here, Local 2

- The threat here is a classic example of market failure. What is good for the individual owner if it happens on a large scale would be catastrophic for the market as a whole.

- The question is not whether a tourist can find a room but whether San Francisco can continue to compete as one of our nation's top convention cities.

- Our industry is divided roughly in thirds: tourists, individual business travelers, and convention attendees.

- The convention attendees are the most profitable segment bringing about $2 billions dollars a year to our City.

- Conventions are really a business onto itself. We are a very popular destination for visitors because of our culture, geography and history.

- We have constraints like the Moscone Center that is not big enough for those conventions. We have to protect the hospitality industry.

ACTION: Approved with amendments as recommended by staff

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

ABSENT: Alexander

RESOLUTION: 17526

18. 2007.1246T (Tape IIB) (T. Sullivan-Lenane: (415) 558-6257)

Amendments relating to Planning Code Sections 188, 603, and 604, and by adding Sections 602.25 and 602.26 [Board File No. 07-1431] - Ordinance introduced by Supervisor Mirkarimi amending Planning Code Sections 188, 603, and 604, and by adding Sections 602.25 and 602.26 in order to allow for the reconstruction, rehabilitation, or restoration of non-complying movie theatre projecting signs and marquees, making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1. Preliminary Recommendation: Approval.

SPEAKER(S): None

ACTION: Approved

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

ABSENT: Alexander

RESOLUTION: 17527

19. 2007.0725C (Tapes IIB; IIA) (E. OROPEZA: (415) 558-6381)

2200 Mission Street (Aka 3417-19 18th Street) - southwest corner of Mission and 18th Street; Lot 001 in Assessor's Block 3589 - Request for Conditional Use Authorization pursuant to Planning Code Section 303, to revise findings per Planning Commission Motion No. 16264. The 23 unit mixed-use project, currently under construction was approved as rental housing. The amendment would eliminate this requirement. The site is within the NC-3 (moderate Scale) Neighborhood Commercial District, the Mission Alcoholic Beverage Restricted Use Subdistrict, and a 50-X/65-B Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of November 15, 2007)

SPEAKER(S)

Howard H. Ngo, Owner

- I am not a condominium converter. I have been in the neighborhood for almost 20 years.

- I purchased in this location in 1997 and thought to build upstairs for housing and having my business on the ground floor.

- The project begun on September 2004 and for the first 6 months it went well. After that the project started to fall apart because the contractor was not doing his work in paying fees and sub- contractors.

- Eventually, it took 18 months to be where I am right now: with an unfinished project and a big debt.

- I had to file for Chapter 11 to protect me and gain more time to find another loan.

- No lender is willing to lend money on a rental project because there would not be enough to pay the money back.

- The only option is to convert it to condominiums in order to get the loan. Otherwise I will not be able to complete this project.

T.C. Chen, Project Sponsor

- Howard's dream is to have a nice supermarket and unfortunately the project fell apart.

- He went everywhere to look for a loan. Nobody would give him a loan on the apartments because rental is not going to provide enough money to pay the loan.

(+)Patrick Gantner

- Supported the project because the owner has been in the neighborhood for 15 years and all he wants is to clear his debt. Besides this project is well suited for that corner.

(+)Garrett Frakes

- Spoke in support of the project and requested a certain amount of consideration due to the circumstances.

(+)Josh

- Spoke in support of the project because the owner is not a developer. He is doing what he can to get back on track and get back to business.

ACTION: Approved

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

ABSENT: Alexander

MOTION: 17528

20. 2007.1019C (Tape IIIA) (R. CRAWFORD: 558-6358)

2400 Noriega Street - north side, northwest corner of Noriega and 31st Avenue Lot 003 of Assessor's Block 2018 - Request for Conditional Use Authorization under, Planning Code Section 711.81 to develop a Large Institutional Use (Church) above the ground floor and Section 711.2 Use Size greater than 3,999 square feet in an NC-2, Small Scale Neighborhood Commercial District and a 40-X Height and Bulk District. The proposal is to demolish the existing one-story church building (in a converted bank building) and construct a new 3 story building 11,625 square feet in area for the church with 11 off street parking spaces.

Preliminary Recommendation: Approval with Conditions.

SPEAKER(S)

LincolnLu, Architect

- The congregation does not want to abandon the Sunset Community. It has done a tremendous job for the community with a positive life style with services to children, youth and elderly.

- There are other services with no charge to the City like weddings and receptions.

- The new church's large and better design would benefit the residents of San Francisco, particularly the Sunset and the Richmond areas.

- It is located in a commercial one story building surrounded by two store office and 3 story mixed use buildings.

- [Showed photographs of the area with recent large projects and some others currently under construction]

- The construction for the Church is well designed, meets all codes and neighborhood design guidelines, and fits well with surrounding buildings.

- The Planning Department has prepared a negative declaration determining there is no significant affect and would not impact the environment negatively. Instead it would provide services to the community providing balance.

- Lutheran Church requests that you approve this much needed project in helping the ministry and advancing its vision to better serve the community.

(-)Doug Chan

- The conditions recommended by staff do not nearly mitigate what we would expect to be probable impacts of this project if it were approved.

- Read letter submitted to this Department on January 9th 2009 outlining all concerns.

(+)Robert

- Spoke in support of the project because the church supports youth in becoming responsible adults and serving back to the community.

(+)[No name stated]

- Shared personal experience with the Church and how it has helped him and he would like his children to have the same opportunity.

(+)Amy

- Spoke in support because there is much need for extra space and help newcomer families and serve better the community in the Sunset area.

(+)Jimmy Lau, Pastor

- There is a great need for extra space to better serve our community. Therefore I urge you to approve our project.

(+)Curtis Loui

- Spoke is support of the project because the Youth Program is so large during the summer that we have to reject children because of the lack of space.

(+)Ken

- Spoke in support because as the membership of the Church grows, it would also help small businesses in the area.

- Parking is an issue but he believes that there are more advantages than disadvantages.

(+)John

- Read and e-mail from next door neighbor, David, from the Church supporting the project.

- The majority of members are from the neighborhood and they walk to the Church.

Motion #1: Continue it to January 31, 2008

AYES: Olague, S. Lee and Moore

NAYES: Antonini, W. Lee and Sugaya

ABSENT: Alexander

Motion failed

Motion #2: To approve it

AYES: Antonini, W. Lee and Sugaya

NAYES: Olague, S. Lee and Moore

ABSENT: Alexander

Motion failed

ACTION: Continued to January 31, 2008 to work on the design.

AYES: Olague, Antonini, S. Lee and W. Lee.

NAYES: Moore and Sugaya

ABSENT: Alexander

F. 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))

SPEAKER(S)

None

Adjournment: 7:41 P.M.

THESE MINUTES WERE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, January 31, 2008.

SPEAKER(S): None

ACTION: Approved

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

ABSENT: Alexander

NOTE: Per Section 67.18 of the Administrative Code for the City and County of San Francisco, Commission minutes contain a description of the item before the Commission for discussion/consideration; a list of the public speakers with names if given, and a summary of their comments including an indication of whether they are in favor of or against the matter; and any action the Commission takes. The minutes are not the official record of a Commission hearing. The audiotape is the official record. Copies of the audiotape may be obtained by calling the Commission office at (415) 558-6415. For those with access to a computer and/or the Internet, Commission hearings are available at www.sfgov.org. Under the heading Explore, the category Government, and the City Resources section, click on SFGTV, then Video on Demand. You may select the hearing date you want and the item of your choice for a replay of the hearing.

 
Last updated: 11/17/2009 10:00:33 PM