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City and County of San Francisco

January 31, 2008

January 31, 2008

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, January 31, 2008

1:30 PM

Special 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 1:42 P.M.

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Larry Badiner – Zoning Administrator, Amit Ghosh – Chief Planner, AnMarie Rodgers, Elaine Forbes, Rick Crawford, Aaron Hollister, Sara Vellve, Sarah Jones, Craig Nikitas, Jim Miller, Dario Jones, Joshua Switzky, Erika Jackson, 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. 2007.0348C (A. BEN-PAZI: (415) 575-9077)

631 O'FARRELL STREET - south side between Hyde and Leavenworth Streets; Lot 001 through 198 in Assessor's Block 0322A - Request for Conditional Use Authorization pursuant to Section 209.6(b) of the Planning Code to legalize and operate a wireless telecommunication facility for Sprint/Nextel within the RC-4 (North of Market Residential Special Use District) and an 80-T Height and Bulk district, upon the roof of the approximately 210 foot high structure that contains 184 condominium dwelling units over ground story commercial space. As per the City and County of San Francisco's Wireless Telecommunication Services (WTS) Facilities Siting Guidelines, the proposal is a Preferred Location Preference 2, as it is the site of previously approved antenna installations. The proposal is to legalize nine antennas at three different locations upon the roof of the approximately 210-foot high building. These antennas were previously installed without benefit of a permit or Conditional Use Authorization. Related equipment would be placed within an interior storage room on the twelfth floor. The subject site is within 300-foot radius of your property. This case is cross referenced with case number 2005.0686C. (Mailed notices reference this 2005.0686C case tracking number only. This case can be referenced under either case number.)

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to February 7, 2008)

SPEAKER(S)

Terrie Frye

- Spoke against the continuance and any hearing at all because they have bypassed the planning process and installed antennas without permit. They should be penalized.

ACTION: Continued as proposed

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

ABSENT: Alexander

2. 2007.1095C (S. YOUNG: (415) 558-6346)

2040 FILLMORE STREET- east side between California and Pine Streets; Lot 022 in Assessor's Block 0653 - Request for Conditional Use Authorization under Sections 703.4, 303(c), and 303(i) of the Planning Code to establish a Formula Retail Use in the Upper Fillmore Street Neighborhood Commercial Zoning District and a 40-X Height and Bulk District. The proposal is to convert a vacant retail sales establishment (previously occupied by  Smith & Hawken ) to another retail sales establishment (DBA  Ralph Lauren , an apparel and accessories store). The proposed retail store is considered a Formula Retail Use under Section 703.3 of the Planning Code. The proposal will involve tenant improvements to the existing commercial space with new partitions and merchandise display areas and exterior modifications to the storefront with new windows and doors. There will be no expansion of the existing building envelope.

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to February 14, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

ABSENT: Alexander

3. 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 January 10, 2008)

(Proposed for Continuance to February 21, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

ABSENT: Alexander

4. 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 January 10, 2008)

(Proposed for Continuance to February 21, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

ABSENT: Alexander

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.

5. Consideration of Adoption:

· Draft Minutes from Regular Meeting of January 10, 2008.

SPEAKER(S): None

ACTION: Approved

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

ABSENT: Alexander

6. 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 Moore

- On the town meeting on land use and health, sponsored by the Department of Public Health, Director Rahaim was on the panel and it was an extremely important meeting on the nexus between health and urban development.

- Out of this six-part series, they screened the portion that place matters. It is really important for Commissioners as well the Planning Department to understand it.

- I would like to ask Director Rahaim to actually have staff review this document.

- In speaking with Dr. Battia, he made himself available to bring the power point to understand that data.

- In addition, one of the panel members was the Director of San Francisco Redevelopment, Mr. Fred Blackwell. He spoke about Hope San Francisco, a project in the Bayview.

- I strongly urge that Mr. Blackwell and perhaps with Doug Shoemaker report to this Commission on that particular project because it is relevant.

- Lastly, Commissioner Sugaya brought up a number of weeks ago, but there was no follow up about the Fisher Museum. It was suggested to call together the Planning Department, Commission, the Landmarks Board, and the Presidio Trust or involved agencies to come together to dialogue about this project.

- That discussion would be very helpful and I hope that Commissioners support that request.

Commissioner W. Lee

- Last week, I read the San Francisco Business Times about the ballot measure that Supervisor Duffty is sponsoring. He is considering it family friendly.

- I would like to ask our staff or the Supervisor's staff to give a briefing to the Planning Commission regarding the ballot measure itself and why/how it is family friendly.

Commissioner Olague

- It has been requested already and Ms. [AnMarie] Rodgers is going to be working on that.

Commissioner Sugaya

- Echoed what Commissioner Moore said about the Presidio Trust and perhaps trying to get some kind of meeting with them.

- Secondly, I have an article here that talks about Los Angeles Department of City Planning and the system they are using there called Zoning Information and Net Access.

- Talks about things in the budget and I would like to pass this to our staff.

Commissioner Antonini

- I gave the Commissioners and some of the staff an article titled  The Myth of Middle Class Schools'.

- I think that the relevance of this is that we do a lot of things in zoning to try to keep families here and one of their big concerns is always schools.

- This particular article points out the achievement of public schools in some wealthy areas is not as high as they presume. In many cases the performances is better in urban districts.

- Secondly, in keeping businesses in San Francisco, we have payroll tax that has to be weighed in as we make decisions in regards to planning issues and zoning.

- We have to remember that there are many factors that determine whether a business stays in an area and certainly there are economic factors in addition to zoning considerations.

- Thirdly, I have been receiving a lot of e-mails from people who testified last week and brought in different perspectives on the Eastern Neighborhoods.

- I was not happy with the way they conducted themselves, but the message they brought was an interesting one.

- They have a perspective that I think is very important to hear because they were some of the pioneers in the area and expressed the fear of being threatened by a new plan.

- Ken Rich brings up some good points in his memorandum that he sent to the Commissioners. I think we need further dialogue, for sure.

C. DIRECTOR'S REPORT

7. Director's Announcements

John Rahaim, Director

- It might be useful to mention in light of all the e-mails that we have been receiving on the Eastern Neighborhoods Plan, but I just want to make some points of clarification on the plan.

- There were several issues raised and obviously one is the issue of affordable housing.

- In over 20 years there would be between 1 and 2 thousand new housing units built in the Mission as a whole and about 70 percent would be market rate.

- There is no provision in the proposed plan that would concentrate those in any one area.

- The 30 percent of units that would be affordable would be built as the projects are built.

- The other issue was about offices, residential and retail businesses. In the area that is often called the  blue zone' on the map, they would continue to permit anything that is permitted today except new residential developments.

- In the area called  orange zone,' it would be the same except that residential development would also be permitted.

- In both zones - office, retail and residential that was legally permitted before would essentially be grandfathered. This is not requiring anyone to close businesses or move out.

- There was a question about adult entertainment. In general, it is permitted in the northeast Mission and permitted with certain conditions on Mission Street. It is not permitted anywhere in the residential areas around Valencia Street.

- There are new conditions that are proposed for adult entertainment. In general, it is more restricted.

- Parking - as you know the proposed Eastern Neighborhoods Plan would remove parking minimums and replace it with parking maximums to address the issues of traffic and parking.

- There were a lot of questions raised about outreach. We can do more in terms of outreach but we have tried reaching the largest number of people as we can in this process.

Commissioner Olague

- There was also mentioned NCT, Neighborhood Commercial Transit, and I do not know if you can elaborate a little bit on that.

Larry Badiner, Zoning Administrator

- As I understand it, an NCT is an NC-3 that would reduce parking requirements.

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

AnMarie Rodgers reported:

Land Use Committee

A- Extension of Interim Moratorium on institutional uses in the Western SoMa. The first moratorium became effective on December 18, 2007 and it was for 45-day. What passed to the Full Board was an extension for an additional 22 months and 15 days or a total of 2 years. This moratorium is put in place until that time or until the time that permanent controls are developed.

Full Board

A. Extension of Interim Moratorium on institutional uses in the Western SoMa. Passed

B. Planning Department report discussing potential permanent controls to address the situation that created the urgency ordinance for interim controls. Adopted

C. Categorical Exemption 2324 Jackson Street. Continued to February 26, 2008

D. Introductions:

a. Supervisor Peskin picked up on some of the recommendations from the Department's report for permanent controls in the Western SoMa area and introduced two pieces of legislation and they are tentatively schedule for this Commission's calendar for February 21, 2008:

i. Ordinance to amend the Planning Code to prohibit educational institutions in Western SoMa Planning Area Special Use District.

ii. Ordinance to amend the Planning Code to exclude large accredited educational institutions from the current definition of arts activities or art uses.

b. Hearing request by Supervisor Daly on the status of the EIR for San Francisco General Hospital rebuilt project. This would be before the City Operations and Neighborhoods Services Committee but has not yet been scheduled.

Amit Ghosh

- In your packets for next week's hearing, there would be the housing inventory report that we annually publish.

- If you desire, we can hold a presentation to you. It has information on the new housing that was produced in the calendar year of 2006.

- The next report, 2007, should be available within two months.

Larry Badiner, Zoning Administrator reported:

Board of Appeals

A.124 – 128 Fillmore Street – Variance to build a garage in the rear yard. There were allegations that the three units were being used as a Bed & Breakfast. I requested to the Department of Building Inspection that they suspend the permit. Last time there were two appeals: (a) next door neighbor appealing the issuance of building permit and (b) my suspension on the same permit because we had an illegal use on the site. Denied the building permit. They overruled the original permit and upheld our suspension.

B.1266 Dolores Street. Large demolition needing to keep part of the rear that is a non-conforming structure. They removed almost everything on the rear yard. We suspended the permit and the Board of Appeals upheld it and they said that they would need a variance.

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)

Paul Wermer [Re: 2040 Fillmore Street]

- I'm concerned about the policy on public notices. One project had a 312 notice for 20 days and your department responded that they are allowed to combine notification. They should be combined to the longest specified period.

- Project Sponsors willingly requested continuance to accommodate our schedule.

Patrick McCann [Academy of Arts University]

- Our attorney received the proposal yesterday stating that they are going to move the tenants out of the barn, which is opposing the 22-month moratorium that was introduced at the Board of Supervisors.

- It is very crucial that you address the Academy of Arts - Institutional Master Plan.

Sue Hestor [Academy of Arts University]

- They are planning to subdivide the place and they cannot do that without a permit.

- Everyday we receive insults and evasions of the law.

E. REGULAR CALENDAR

9. (Tape IA; IB) (A. JOHN-BAPTISTE: (415) 558-6547)

FY 2008-2009 budget development discussion - Informational only

SPEAKER(S): None

ACTION: No Action is required of the Commission. Information only

10. 2007.1218C (A. PUTRA: (415) 575-9079)

955 Geneva Avenue - north side between London and Paris Streets; Assessor's Block 6409 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 712.43, 703.3 & 703.4 to allow a large fast food restaurant (dba "Little Caesars Pizza") and formula retail use, within the NC-3 (Moderate Scale, Neighborhood Commercial) District, and 65-A Height and Bulk District.

Preliminary Recommendation: Approval with Conditions.

(Continued from Regular Meeting of January 24, 2008)

SPEAKER(S): None

ACTION: Without hearing, continued to February 28, 2008

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

ABSENT: Alexander

11. 2007.1019C (Tapes IB; IIA) (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.

(Continued from Regular Meeting of January 10, 2008)

SPEAKER(S)

LincolnLou, Architect and Project Sponsor

- At the previous meeting, Commissioners requested that the Church furnish additional information regarding the time, use and function of various rooms.

- The classrooms are basically for bible study but also serve multiple functions such library.

- The Church has revised the area plan [presentation in a 3-D form]

- The zoning allows flexibility for population growth of the economy and the community's welfare.

- [Showed photographs of buildings in the area and compared, the proposed Church is smaller]

(+)Doug Chan

- I am here to answer any questions regarding the photo study submitted in connection with this matter.

(-)Mauro Diehl

- There should be a study of the impacts that large buildings would have on our neighborhood.

(-)Sam Mirza

- This project is going to impact negatively the area with its existing traffic congestion and most of the congregation is not from the neighborhood.

Ron Dudum

- There are concerns about traffic patterns and scales with regards to the residential area, and I am sure they can be mitigated.

(+)Andrew Fung

- I'm in support of the project and many neighbors and local businesses support it too. [Read a letter in support from a restaurant owner on Noriega Street.]

(+)Ann Truong

- Shared her experience of how the church has helped her and her children.

(+)Jerry Ma

- Traffic and parking is a problem in the City but the church encourages using public transit. Its members shop and eat out, which helps the local businesses.

(+)[No name stated (translated)]

- Shared their experience with the church and how they help the younger generations in being an asset to the community and not being a problem.

(+)Rev. Shun Mi Lau

- We value church settings that teach Christian education.

- We are serving the community and our classes go in groups by age. We need the space.

(+)Robert Leung

- We have different uses for the classrooms. As you are aware, originally in our project we labeled the classrooms genetically and we intend to use them for these purposes.

(+)Mary Ma

- We are a community based church who wants to be a blessing to the community. [Shared her experience with neighbors and classes serving the neighborhood]

(+)Cindy Jeong

- The church is a place for people to find love and compassion especially for newcomers in the Sunset neighborhood.

(+)Peter Ng

- Shared his experience of how the church has helped his family.

(+)Daniel Lam

- I speak in support of the project because space is needed for different purposes and groups at more convenient times. Help us to help the community.

(+)Barbara Louie

- Shared her experience of how the church has helped her, especially during a recent surgery.

(+)Ken

- As a church, we bring great value to the community.

MOTION: To approve with design modifications offered by sponsor

AYES: Antonini and W. Lee

NAYES: Olague, S. Lee, Moore and Sugaya

ABSENT: Alexander

Motion Failed

ACTION: Continued to March 6, 2008 to address design concerns that are to be reviewed by Commissioners Moore, Sugaya and Antonini.

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

ABSENT: Alexander

12. 2007.0718C (Tape IIA) (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: Disapproval

(Continued from Regular Meeting of January 10, 2008)

SPEAKER(S)

Ahmad Larizadeh, Project Sponsor

- Requested continuance because one of the items is not right and we would like to do some research before presenting it to the Commission.

ACTION: Without hearing, continued to February 14, 2008

AYES: Olague, Antonini, S. Lee and Moore

NAYES: Sugaya

ABSENT: Alexander and W. Lee

13a. 2005.0298KECV (Tape IIA; IIB) (S. VELLVE: (415) 558-6263)

1285 SUTTER STREET - southeast corner of Sutter Street and Van Ness Avenue; Lot 008 in Assessor's Block 0691 - Request for Conditional Use Authorization, pursuant to Sections 157, 209.8, 221.1, 253, 253.2 and 303 of the Planning Code to allow off-street parking in excess of the amount permitted as accessory parking, to permit the sale of alcoholic beverages within 1/4 mile of the Polk Street Neighborhood Commercial District, to demolish a movie theatre, and to allow the construction of a building which exceeds 40 feet in height with an exception to the bulk limits. The project proposes to construct up to 107 dwelling units with approximately 15,800 square feet of ground-floor retail/commercial space (Trader Joe's) and up to 170 below-grade off-street parking spaces. The project site is located in an RC-4 (Residential, Commercial Combined, High Density) and the Van Ness Avenue Special Use District and an 130-V Height and Bulk District.

Preliminary Recommendation: Approval with Conditions.

(Continued from Regular Meeting of January 24, 2008)

SPEAKER(S)

Tuija Catalano, Project Sponsor Represetantive

- This is the type of project that the City has been looking for. Its an urban, dense, infill project that utilizes an under utilized lot, maximizes housing density, and provides active ground floor neighborhood serving uses in a location that is exceptionally well served by transit.

- The project has many benefits. Among them is large family unit housing; the open space amenities far exceeding the code requirements; and it is in a very unique location.

Rick Cristiani, Architect

- [Power point presentation on the design]

- When we started the project; we met with staff and part of their concerns were to have a modern building to be contextual, articulated, and to provide a visual experience from different angles.

- And because it is at the corner of Sutter Street, they wanted a gateway or landmark type building in a prominent sense.

- This is the result of that process that we went through. We have not received negative responses.

- The project will succeed in being a landmark building adding to the Van Ness Corridor.

(+)Hanley Chan, San Francisco Patrol Special Police

- I am in support of the project because it has been an active participant with our community policing program and they would be a great asset for the neighborhood.

(+)Deborah Granelli

- Spoke in support of the project.

(+)Robert

- This project is bringing excitement to this corridor because it would make a great impact by bringing useful businesses and people to live in our neighborhood and increasing foot traffic.

(+)Marlayne Morgan

- This is a fabulous example of a sponsor and developer who actually pay attention to the height, density, and use.

(-)Stephen Bertram

- I'm concerned about traffic, parking, and the height. It is out of scale.

(+)Maryland Pont

- We conducted approximately 10 to 12 community meetings with many associations and organizations in the neighborhood.

- The building design and the development in general have been well received and we have not had any negative comments regarding the development.

- Submitted letters of support.

(+)Stewart

- We have an extraordinary opportunity to provide vitality, reduce the gap, and make this a walk able location.

ACTION: Following hearing, continued to February 28, 2008

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

ABSENT: Alexander and W. Lee

13b. 2005.0298KECV S. VELLVE: (415) 558-6263)

1285 SUTTER STREET - southeast corner of Sutter Street and Van Ness Avenue; Lot 008 in Assessor's Block 0691 - Request for Variances, pursuant to Sections 253(c)(6), 307(g), 152, and 140 of the Planning Code to modify the rear yard requirement in the Van Ness Special Use District, to provide one off-street freight loading space where two are required, and for dwelling unit exposure for four dwelling units. The project proposes to construct up to 107 dwelling units with approximately 15,800 square feet of ground-floor retail/commercial space (Trader Joe's) and up to 170 below-grade off-street parking spaces. The project site is located in an RC-4 (Residential, Commercial Combined, High Density) and the Van Ness Avenue Special Use District and an 130-V Height and Bulk District.

(Continued from Regular Meeting of January 24, 2008)

SPEAKER(S): Same as those listed on item 13a

ACTION: Zoning Administrator continued this to February 28, 2008

14. 2005.0470E (Tape IIB) (S. JONES; (415) 575-9034)

166-178 TOWNSEND STREET - Public Hearing on Draft Environmental Impact Report. The 22,000 square foot project site is located at 178 Townsend Street, on the corner of Townsend Street and Clarence Place between Second Street and Third Street (Assessor's Block 3788, Lot 012). The site is zoned SLI (Service/Light Industrial), is in a 50-X Height and Bulk District, and is occupied by the California Electric Light Company Station B building, a Contributory Building within the South End Historic District. The proposed project involves conversion of the building from its current use as a valet parking garage to a mix of ground-floor retail and up to 85 housing units, with accessory off-street parking for the residential uses. The proposed uses would be housed in the existing building and a vertical addition, and would occupy 96,350 square feet (sf) of floor area, including 71,500 sf in residential uses,1,050 sf in retail uses, and 13,200 sf of parking. The proposed vertical addition would be set back 40 feet from Townsend Street and would rise above the existing 23 to 42-foot tall roofline to a height of 50 feet. The proposed project also includes a one-level underground parking garage with 74 parking spaces in two-car stackers accessed from Clarence Place. The Draft EIR was released December 22, 2007.

Preliminary Recommendation: No Action Required

Note: Written comments will be accepted at the Planning Department's offices until the close of business on February 5, 2008.

SPEAKER(S)

Jeffrey Leibovitz

- I just want to make sure that the DEIR covers the adequacy of a vertical addition and shadow effects that could be created on Clarence Place.

ACTION: Public hearing to receive public comments only. No Action is required of the Commission

Item 15 was taken out of order and followed item 16

15. 2007.1444ET (Tape IIIA) (D. JONES: (415) 558-6477)

Consideration of an ordinance initiated by Supervisors Sandovaland Maxwell on December 4, 2007 (Board File No. 071651) which would amend Planning Code Section 176 (Enforcement Against Violations) to authorize the Zoning Administrator to assess administrative penalties and by adding Section 176.1 to establish Planning Code enforcement remedies of the Director, which include issuance and recording of orders of abatement, assessment of administrative penalties, and a hearing and appeal process; making findings including environmental findings, Planning Code Section 302 findings, and findings of consistency with the Priority Policies of Planning Code Section 101.1 and the General Plan.

Preliminary Recommendation: Approval

(Continued from Regular Meeting of January 24, 2008)

SPEAKER(S): None

ACTION: Approved with an amendment to increase the daily rate to $250

AYES: Olague, Antonini, Moore and Sugaya

ABSENT: Alexander, S. Lee and W. Lee

RESOLUTION: 17545

Item 16 was taken out of order and followed item 14

16a. 2006.0660BEKX (Tapes IIB; IIIA) (C. NIKITAS: (415) 558-6344)

100 CALIFORNIA STREET - northwest corner at Davis Street, a through-lot to Sacramento Street, Lot 017 in Assessor's Block 0236 - Review under Planning Code Section 295 of a proposed addition of approximately 76,500 square feet in six stories to an existing 13-story office building with an additional 1,530 square feet of new ground-floor retail space, requiring exceptions to Planning Code standards for off-street freight loading, building bulk and shadowing of public parks - in a C-3-O (Downtown Office) District and a 350-S Height and Bulk District.

Preliminary Recommendation: Find that the new shadow cast is not adverse.

(Continued from Regular Meeting of January 24, 2008)

SPEAKER(S)

(-)Elaine Anderson, Vice-President for Boston Properties

- For the last three months, we have been trying to get information from the sponsor on exactly how much shadow would be cast along the Embarcadero Center. We just received it this morning.

- The information was not provided with enough time for the public and the Commission to review. This item should be continued.

Andrew Junius, Project Sponsor

- This is a very small building in a large lot giving us a unique opportunity.

- Both the vertical and retail elements of the addition, as well as some very nice plaza upgrades make this a great project and we hope you will like it.

Steve Worhtington, Architect

- [power point presentation on the design]

- Existing conditions at the site along California Street are in need of repair.

- The addition extends the internal retail connecting it right out to the public right-of-way.

- The plaza has to be redone to have water. It will be framed at the corner as well as one angel on California Street and locating the main entrance right into the center of the plaza.

- The vertical addition is unique in shape and has been sculpted to conform to the guidelines that address casting of shadows on public rights-of-way.

ACTION: Found the new shadow to have no adverse impact

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

ABSENT: Alexander and W. Lee

MOTION: 17542

16b. 2006.0660BEKX (J. MILLER: (415) 558-6344)

100 CALIFORNIA STREET - northwest corner at Davis Street, a through-lot to Sacramento Street, Lot 017 in Assessor's Block 0236 - Review under Planning Code Section 309 of a proposed addition of approximately 76,500 square feet in six stories to an existing 13-story office building with an additional 1,530 square feet of new ground-floor retail space, requiring exceptions to Planning Code standards for off-street freight loading, building bulk and shadowing of public parks - in a C-3-O (Downtown Office) District and a 350-S Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of January 24, 2008)

SPEAKER(S): Same as those listed on item 16a

ACTION: Approved with conditions as modified by staff:

The upper floor addition has been carefully sculpted so that minimal net-new shadow would fall on the upper level of the Embarcadero Center pedestrian way.

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

ABSENT: Alexander and W. Lee

MOTION: 17543

16c. 2006.0660BEKX (J. MILLER: (415) 558-6344)

100 CALIFORNIA STREET - northwest corner at Davis Street, a through-lot to Sacramento Street, Lot 017 in Assessor's Block 0236 - Request for allocation of approximately 76,500 square feet of new office space pursuant to Planning Code Sections 321 and 322 - in a C-3-O (Downtown Office) District and a 350-S Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of January 24, 2008)

SPEAKER(S): Same as those listed on item 16a

ACTION: Approved with conditions as modified by staff:

The upper floor addition has been carefully sculpted so that minimal net-new shadow would fall on the upper level of the Embarcadero Center pedestrian way.

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

ABSENT: Alexander and W. Lee

MOTION: 17544

Item 17 was taken out of order and followed item 15

17. 2006.0689D (Tape IIIA) (e. jackson: (415) 558-6363)

585 Texas Street - west side, between 20th and 22nd Streets, Lot 052 in Assessor's Block 4102 - Mandatory Discretionary Review of Building Permit Application number 2006.06.13.3915 under the Planning Commission's policy requiring review of residential demolitions. The proposal is to demolish the existing one-story single-family dwelling unit and construct a two-story two-unit structure. The subject property is located within an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk designation.

Preliminary Recommendation: Take Discretionary Review and approve the Building Permit Application with modifications.

(Continued from Regular Meeting of January 24, 2008)

SPEAKER(S)

Joseph Railla, Architect

- Our proposal is two stories over a studio apartment and garage.

- This is a very steep street and I feel that the metal facade anchors the house. A block away there is another house with a similar situation.

ACTION: Took Discretionary Review and Approve per staff modification on the front façade design.

AYES: Olague, Antonini, Moore and Sugaya

ABSENT: Alexander, S. Lee and W. Lee

18. 2007.1211D (C. TEAGUE: (415) 575-9081)

1140 POTRERO AVENUE - west side between 23rd Street and 24th Street; Lot 009 in Assessor's Block 4211 - Request for Discretionary Review of Building Permit Application number 2007.05.21.1784, proposing to add a third story with a flat roof, a 3-story horizontal expansion in the rear, and two additional dwelling units to an existing 2-story single-family home in a RH-3 (Residential, House, Three-Family) Zoning District and 65-A Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and Approve the Plans as submitted.

(Continued from Regular Meeting of January 24, 2008)

SPEAKER(S): None

ACTION: Without hearing, continued to February 14, 2008

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

Jeffrey Leibovitz

Re: Eastern Neighborhoods

- It appears like there is disconnection with the Office of Economic Development and the Mayor's Office of Housing in understanding the process that is taking place and some of the controls we are trying to establish.

- The Mayor's Office of Housing needs to come out and explain what the intent is in terms of the housing overlay.

Re: Harrison Gardens

- I think Commissioner W. Lee will need to excuse himself when this project comes to this Commission because he is already predisposed to supporting it.

Adjournment: 7:29 P.M. in memory of Linus Black

THESE MINUTES WERE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, March 13, 2008.

SPEAKER(S): None

ACTION: Approved

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

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