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February 7, 2008

February 7, 2008

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, February 7, 2008

1:30 PM

Regular Meeting

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

COMMISSIONER ABSENT: None

THE MEETING WAS CALLED TO ORDER BY PRESIDENT ALEXANDER AT 1:45 P.M.

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Larry Badiner – Zoning Administrator, Amit Ghosh – Chief Planner, Alicia John-Baptiste, William Wycko, Tim Frye, Sharon Young, Glenn Cabreros, Tara Sullivan-Lenane, AnMarie Rodgers, Amnon Ben-Pazi, and Linda Avery – Commission Secretary.

  • 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. 2004.0914CV (E. OROPEZA: (415) 558-6381)

793 SOUTH VAN NESS AVENUE - the northeast corner of South Van Ness Avenue and 19th Street; Lot 024 in Assessor's Block 3591 - Request for Conditional Use Authorization pursuant to Planning Code Sections 121.1, 710.11 and 303 to allow construction on a site that exceeds 4,999 square feet in size, and under Planning Code Sections 228.3 and 303 to allow the conversion of a gasoline service station to another use, within the NC-1 (Neighborhood, Commercial Cluster) District, a 50-X Height and Bulk District and the proposed Eastern Neighborhoods Plan Area. The project also includes a request to allow a modification of the rear yard requirement in Neighborhood Commercial Districts, pursuant to Planning Code Section 134(e). A reduction in the parking requirement may also be considered pursuant to Planning Code Section 161(J). The proposal is to demolish the vacant gas filling station and construct a 50-foot, five-story mixed-use building with 29 dwelling units.

Preliminary Recommendation: Pending

(Proposed for Continuance to February 14, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

1b. 2004.0914CV (E. OROPEZA: (415) 558-6381)

793 South Van Ness Avenue - the northeast corner of South Van Ness Avenue and 19th Street, Lot 024 in Assessor's Block 3591 - Request for a rear yard modification pursuant to Planning Code Section134(e) to allow a modification of the rear yard requirement in Neighborhood Commercial Districts. In this case the 25 percent rear yard would be from the second story and above.

(Proposed for Continuance to February 14, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

2. 2007.1355T (T. SULLIVAN-LENANE: (415) 558-6257)

Ordinance amending the San Francisco Planning Code by adding Section 785 to establish the Mission/Bernal Formula Retail Restricted Use Subdistrict and to amend Section 703.3 to prohibit formula retail uses in the Mission/Bernal Formula Retail Restricted Use Subdistrict [Board File No. 07-1561]. Ordinance introduced by Supervisor Ammiano amending the San Francisco Planning Code by adding Section 785 to establish the Mission/Bernal Formula Retail Restricted Use Subdistrict; amending Section 703.3 to prohibit formula retail uses in the Mission/Bernal Formula Retail Restricted Use Subdistrict; amending Sectional Maps SU 07 and SU 11 of the Zoning Map of the City and County of San Francisco to establish the boundaries of the Mission/Bernal Formula Retail Restricted Use Subdistrict; adopting finding, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

Preliminary Recommendation: Approval.

(Proposed for Continuance to February 14, 2008)

SPEAKER(S)

Jim Lazarus, San Francisco Chamber of Commerce

- This ordinance is not ready yet to take an action today or next week because there is a significant debate in the community for the significant scope of this ordinance.

- It needs further communication with the affected parties, Mayor's Office and the Supervisor's office sponsoring it.

Anita Correa, President of the Mission Merchants Association

- Concerned with not being part of the process seeking to impose certain business types in the Mission.

Erick Arguello, Lower 21st Street Merchants and Neighborhood Association

  1. It is important to include all organizations in the process to benefit everyone fairly.

Judith Berkowitz

  1. Urged the Commission to continue this item indefinitely until the Economic Study comes out and proper outreach to organizations happen.

Jose Muniz

- Requested to continue it until the analysis of the impacts on the proposed ordinance by the Controller's Office is completed. Also, merchant organizations were not notified about this legislation to participate in the impacts/benefits of it.

Rita Alviar

- Requested continuance until the community, businesses and non-profits in the Mission have an opportunity to discuss this ordinance.

- Requested a community meeting in the Mission for everybody to understand this.

William Gapoff

- Requested clarification on the neighborhood notification.

ACTION: Continued as proposed

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

3. 2007.0879C (A. PUTRA: (415) 575-9079)

53 West Portal Avenue- east side between Ulloa and Vicente Streets; Lot 025 in Assessor's Block 2979A - Request for Conditional Use Authorization pursuant to Planning Code Sections 749.42, to legalize a change of use from a large fast food restaurant (formerly d.b.a as "Sabella") to a full-service restaurant (d.b.a. as  Roti Indian Bistro ) within the West Portal Neighborhood Commercial District and 26-X Height and Bulk District.

preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to February 21, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

4. 2007.1233C (A. Ben-Pazi: (415) 575-9077)

805 Columbus Avenue - south-west side between Lombard and Greenwich Streets, Lot 047 in Assessor's Block 0074 - Request for Conditional Use Authorization to establish a real estate office, larger than the principally permitted maximum of 1,999 square feet, on the first floor of a mixed use building within the North Beach Neighborhood Commercial District, pursuant to Sections 722.53 and 722.21 of the Planning Code. The commercial space measures approximately 2,760 square feet and has never been occupied. No physical expansion of the existing building is proposed. This site is within the North Beach Neighborhood Commercial District, and a 40-X Height and Bulk District.

preliminary Recommendation: Pending

(Proposed for Continuance to February 21, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

5. 2007.1447T (T. SULlivan-Lenane at (415) 558-6257)

Amendments relating to Planning Code Sections 102.17, 790.38, and 890.37 [Board File No. 07-1649] - Ordinance introduced by Supervisor Peskin amending Planning Code Sections 102.17, 790.38, and 890.37 to define three types of entertainment use based upon size; amending Sections 1060, 1060.1, 1060.3, 1070, 1070.1, and 1070.3 of the San Francisco Police Code to define the three types of entertainment use authorized by the Planning Code and to require an application and the permit for a place of entertainment or extended-hours activity to specify one of the three types of entertainment use; adopting findings, including environmental findings and findings required by Section 302 of the Planning Code.

Preliminary Recommendation: Pending

(Proposed for Continuance to March 6, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

6. 2006.1354D (S. VELLVE: (415) 558-6263)

1166 HAIGHT STREET - north side between Baker and Lyon Streets, Lot 014 in Assessor's Block 1235 - Request for Discretionary Review of Building Permit Application No. 2005.10.19.5970 to install a below-grade garage to create approximately eight off-street parking spaces for a building containing twelve units located in an RM-1 (Mixed, Low Density) and 40-X Height/Bulk District.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of November 15, 2007)

(Proposed for Continuance to April 3, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

7. 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 January 10, 2008)

(Proposed for Indefinite Continuance)

SPEAKER(S): None

ACTION: Continued as proposed

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

B. COMMISSIONERS' QUESTIONS AND MATTERS (Tape IA)

8. 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 want to clarify my remarks from last week about 3500 19th Street. In no way did I imply that the Commission should not be actively engaged in the process of meeting with project sponsors, requestors, architects and others to try to gain knowledge on projects as early as possible.

- It is extremely helpful and my remarks were more in terms of proper process regarding staff position on notifications to the Commission as to what is going on with particular projects.

Commissioner S. Lee

- Happy Chinese New Year.

- Two comments: one is related to formula retail legislation. I would like to ask whether staff is considering making amendments to the legislation to address some of the concerns that have surfaced.

- The  Red Mango' is one where the legislation is silent when a retail establishment is defined formula retail. Perhaps a status report on it at some future date would be helpful.

- The other is a question about the status of the acquisition of the Flower Mart by the Academy of Arts University. I wonder if staff has been in touch with either of the parties involved.

- I recall that the transaction was supposed to be complete by the end of February. We have heard a number of things represented by the attorneys of the Academy of Arts University, about negotiations with the businesses in preservation and protection of those businesses.

Commissioner W. Lee

- Regarding the formula retail, I was approached by the President of the Teacher's Union – ICI. Apparently, they would be covered under the formula retail.

- It would be good to have a scope of what this includes or does not include. Maybe we could ask the Board of Supervisors to make some changes that certain types of stores be exempted.

- We do not have a  Red Mango' in San Francisco and they wanted to come but we did not let them come in.

Commissioner Moore

- Today we have an MCD [Medical Cannabis Dispensary] seeking approval under item 20.

- As a general concern, the support for MCD [Medical Cannabis Dispensary] is kind of waning. It is being impaired by the DA's attempts to interfere in the operation of these institutions.

- Apparently, there is a hearing at the Board of Supervisors next Monday trying to reestablish support and I hope that the support is going to be clear as we are continuing to consider approving MCDs. We indeed get the feedback that the policy is supported by all is clear.

- I was wondering if the Planning Department that operates for the City and County of San Francisco has some secret plans somewhere about 20 under-water parcels right off Hunters Point, 100 feet off the shoreline that is going onto the Auction Block in San Mateo on March 10.

- I was very curious because the Planning Department would have to provide information for use and access that currently does not exist.

- I got this in the mail with a picture including reference to the Planning Department being able to provide perspectives and file information about these 20 parcels starting with a minimum bid of $500.

Commissioner Sugaya

- I was talking to a neighborhood person and in his perception, continuing issues of tenants-in-common ownership affects the rental stock of housing in the City.

- He was wondering whether the City was attempting to keep track of conversions from rentals to TIC.

- This morning's newspaper has an article about it. It says that there are approximately 1,000 conversions per year.

- There is another organization that apparently is pro-TIC called Plan C. They had a figure of 637 in 2007.

- There must be some figures out there somewhere but I do not know if the City is actually keeping track of that through this department or maybe the Mayor's Office of Housing. Maybe we can get some information on that.

- I think the Commission received an e-mail from the Commission's Secretary with respect to 55 Laguna Street. There was a file appealed by the Save Laguna Street Campus but there is no hearing date yet for the Board of Supervisors.

- I have the appeal letter if anybody is interested in reading it.

C. DIRECTOR'S REPORT (Tape IA; IB)

9. Director's Announcements

John Rahaim, Director

- Today you will hear an item relating to the Consultant's report on the Operations of the Department. I know you have been interested in this item for some time. We will talk about that.

- I have been working recently with the Commission Action List and we are going to try in the next couple of weeks to set priorities on these requests.

- Relating to that, there are requests for briefings from other departments and offices.

- Two that I am specifically working on are the briefing by the Mayor's Office of Economic Workforce Development on the City's Economical Strategy, and also with the Mayor's Office of Housing with the  Hope San Francisco' program.

Larry Badiner, Zoning Administrator

  • You requested information about the Flower Mart. Two things happened over the last week.
  • On Monday, Ms. Hestor came in and asked to speak with me and informed me that members of the Flower Mart Association were given two weeks notice to vacate.
  • I called the Project Sponsor Representative and said that Ms. Stevens was calling to open the discussion about relocation and leasing.
  • The Academy of Arts is closing the sale in two weeks and it does not mean that they have to vacate.
  • We are trying to find out more information without being perceived as getting involved in a private lease negotiation.

Commissioner S. Lee

- I understand the sensitivity but we have an industry that is at risk and we do not want to see those businesses close because they are not coming back.

Larry Badiner, Zoning Administrator

- I will contact Jennifer Mats of the Mayor's Office of Economic Workforce Development for a status report and will let you know.

There was consensus among commission members to schedule an informational item on the Academy of Arts University on next week's calendar.

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

Larry Badiner, Zoning Administrator

Full Board

  1. - Categorical Exemption. It was upheld.
  2. Introduction of Landmark designation of the Noe Valley Library.
  3. Resolution condemning the DEA against property owners using space for medical cannabis dispensaries.
  4. Request by Supervisors Mirkarimi to the Planning Director regarding Civic Center and the Asian Art Museum. The question was a 96 plan lay out incorporating this part of open space with the Civic Center Plaza. The Supervisor asked what the current plans are if there are any.

Board of Appeals

  1. – The project exceeded the scope of the alteration permit. The Department of Building Inspection issued an unlawful demolition order. It was upheld and the property is now subject to a 5-year moratorium on new construction. The only construction permitted is reconstruction of the previous structure.
  2. 2348 9th Avenue – This was a Discretionary Review and the Board conditioned the building permit to allow the bedroom to occupy the full [space]; to require removal of most of the rear deck and all of the trellis system. They wanted less on the bedroom but more on the trellis system and the decks.

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. 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.

Items 11 a & b were taken off consent

11a. 2007.0172D (C. JAROSLAWSKY (415) 558-6348)

626 PARIS STREET - between France and Italy Avenues; Lot 007 in Assessor's Block 6345 – Mandatory Discretionary Review under the Planning Commission's policy requiring review of residential demolition, Permit Application No. 2006.11.08.7236, to demolish an existing single-family, one-story structure, in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and approve the project.

SPEAKER(S): None

ACTION: Without hearing, continued to February 28, 2008

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

NAYES: W. Lee and Sugaya

11b. 2007.0177D (C. JAROSLAWSKY (415) 558-6348)

626 PARIS STREET - between France and Italy Avenues; Lot 007 in Assessor's Block 6345 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of Permit Application No. 2006.11.08.7240 , for a replacement structure pursuant to a residential demolition, to construct a new, single-family, one-story-over-garage structure, in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and approve the project.

SPEAKER(S): None

ACTION: Without hearing, continued to February 28, 2008

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

NAYES: W. Lee and Sugaya

12. 2007.0916C (Tape IB) (C. TEAGUE: (415) 575-9081)

52-54 DORE STREET - southwest side, between Howard and Folsom Streets, Lots 042 and 043 in Assessor's Block 3518 - Request for Conditional Use Authorization pursuant to Planning Code Sections 816.18, 816.21 and 303 to establish a residential care facility and social service provider (Progress Foundation) in an approximately 12,750 square foot building within an SLR (Service, Light Industrial, Residential) Zoning District and a 50-X Height and Bulk designation. The proposal is to offer a short-term residential care, urgent care, and community placement facility with no exterior expansion of the existing building.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of January 24, 2008)

SPEAKER(S): None

ACTION: Approved

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

NAYES: Sugaya

MOTION: 17546

  • REGULAR CALENDAR

13. (Tapes IB; IIA) (A. JOHN-BAPTISTE: (415) 558-6547)

Review process improvement recommendations (Matrix Consultants) - Informational Only

SPEAKER(S)

Gary Goelitz, Matrix Consultants

  1. We conducted a study for the whole department looking at resources for the public as well for staff. We are still going through the review process.
  2. [Reported results and recommendations of the Matrix report]

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

14. (Tape IIA; IIB) (W. WYCKO: (415) 575-9048)

Level of Service (LOS) - Informational public hearing updating ongoing efforts to reform existing use of traffic Level of Service (LOS) for analysis of CEQA transportation impacts.

SPEAKER(S)

Rachel Haight, Senior Transportation Planner with San Francisco Transportation Authority

  1. The recommendations coming up are to have simple tools to evaluate a project's impact on transportation.
  2. Right now, the City is using this level of service. We are looking for a replacement of how we should analyze traffic impacts in the City.
  3. [Made a report of the analysis]
  4. There are a number of things that we recommended to make this measure a success: make sure that our practices are consistent with the Planning Department; and that we also adopt the measures and initiate the nexus study to mitigate impact fees.
  5. Instead of going project to project mitigation measure, we would have a system framework for mitigation measures for transportation impact.

Reggie Batia, Director of Environmental Health

- Submitted and read a memorandum he wrote after receiving the proposal.

- We agreed with many of the propositions that level of service is inconsistent with the City's transportation goals.

- We think that this could lead to various loopholes, complications, and inconsistencies that can create some issues. These may be concepts to still work with.

- This is a motor vehicle mobility threshold without looking at pedestrians, bicyclists, etc.

Andy, San Francisco Bicycle Coalition

- Asked to conduct a nexus study and to review the mitigation impact fee.

Mark Solomon

- This has been in the process for a long time and we need the policy body to direct staff to take action. Eliminate LOS and have the bike plan.

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

15. 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 31, 2008)

SPEAKER(S): None

ACTION: Without hearing, continued to February 14, 2008

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

Items 16a, 16b, and 17 were called and heard together

16a. 2005.0336D (Tapes IIB; IIIA) (T. FRYE: (415) 575-6822)

252 HOLYOKE STREET- between Felton and Burrows Streets, Assessor's Block 5976, Lot 006 - Request for 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 January 10, 2008)

SPEAKER(S)

Joseph Majer, Discretionary Review Requestor

- Showed and submitted a letter signed by 160 members of the community opposing this project because it is a large addition to the neighborhood.

- Most of the buildings are 2 stories and the proposed project would be out of character, block view, and impact light and ventilation.

- There is a potential that it could be divided into multi-units and that would bring disruption with noise, dust, and increasing traffic during construction.

(-)Betty Jerez

- Concerned about the health of the family who suffers from asthma and the lack of privacy.

(-)Ellen Frank

- This project would greatly restrict air and light thereby impacting the health of seniors next to the project.

Sandy Mak, Project Sponsor

  1. The project is going to provide two off street parking spaces and it would provide the opportunity to accommodate the family.
  2. The intent of the owner is to remove the hazard from the neighborhood, protect the historic character, build the home for our family, and to live in peace with neighbors.
  3. Explained the design showing the need for a second entrance through the garage.

Dana Merick

- It is in the best interest of the community to develop this property smartly to the current building code and this one does.

ACTION: Took DR & approved demolition; removal of two structures to alternate locations for preservation; & new construction with modifications:

-Eliminate third floor and continue working with staff on stair and room configuration, design, and materials.

-Required that there be plans and specks for the relocation of the shacks; and required that one of the architects on the Landmarks Board review the plans and specs for the relocation of the shacks.

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

16b. 2008.0068DD (T. FRYE: (415) 575-6822)

252 HOLYOKE STREET - between Felton and Burrows Streets; Assessor's Block 5976, Lot 006 - Request for Discretionary Review, under the Planning Commission's policy requiring review of new construction as a result of housing demolition, and a request of Discretionary Review, both for BPA # 2005.05.20.3045 to construct a new single-family dwelling an RH-1

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

(Continued from Regular Meeting of January 10, 2008)

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

ACTION: Took DR & approved demolition; removal of two structures to alternate locations for preservation; & new construction with modifications:

-Eliminate third floor and continue working with staff on stair and room configuration, design, and materials.

-Required that there be plans and specks for the relocation of the shacks; and required that one of the architects on the Landmarks Board review the plans and specs for the relocation of the shacks.

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

17. 2007.1279V (T. FRYE: (415) 575-6822)

908 PAGE STREET, on the north side of Page Street, between Scott and Divisadero Streets; Lot 012 in Assessor's Block 1217 in an RH-3 (Residential, House, Three-Family) and a 40-X Height and Bulk District. A rear yard variance is sought from Planning Code section134 (a)(2) to relocate a Type A 1906 Earthquake Refugee Shack into the required rear yard for its restoration and continued preservation.

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

ACTION: Zoning Administrator Badiner closed public hearing and granted the variance

18. 2007.1377D (R. CRAWFORD: (415) 558-6358)

3572 16th Street - south side between Noe and Sanchez Streets. Assessor's Block 3564 Lot 097 - Request for Discretionary Review of Building Permit Application No. 2007 0824 0817 to construct a deck at the third level above the existing second level deck projecting back 6 feet 4 inches from the rear wall of the building in an RM-1 (Residential Mixed, Low Density) District, and a 40-X Height and Bulk district.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve the Project.

DISCRETOINARY REVIEW APPLICATION WIHTDRAWN

19. 2007.1430D (C. JAROSLAWSKY (415) 558-6348)

101 ARBOR/102 CONRAD STREETS - between Conrad Street and Swiss Avenue; Lot 047 and 048 (formerly lot 039) in Assessor's Block 7553 - Request for Discretionary Review of Building Permit Application 200702073648 to demolish the existing single-family structure and construct a new, two-story-over-garage, single-family dwelling within an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and approve the project.

SPEAKER(S): None

ACTION: Without hearing, continued to February 14, 2008

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

20. 2007.0632D (Tapes IIIA; IIIB; IVA) (S. YOUNG: (415) 558-6348)

442 HAIGHT STREET - north side between Fillmore and Webster Streets; Lot 015 in Assessor's Block 0849 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of medical cannabis dispensaries, of Building Permit Application No. 2007.05.18.1718, proposing to legalize an existing medical cannabis dispensary (dba Alternative Herbal Health Services) within an NC-2 (Small-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve the project with no on-site vaporizing.

SPEAKER(S)

John Gallagard, Police Officer

- This place is becoming a nuisance and our officers have identified three drug dealers purchasing there and selling it on the street.

- This would be the third club in three blocks and the 1,000 foot rule should apply.

Brian Soriano, Project Sponsor Representative

- It has been in operation before the proposition legalizing the cannabis clubs was enacted by the voters of the State.

- The complaints that are going to be offered to you today are intended to identify current problems in the neighborhood and connect them to the dispensary.

- This is a diverse socio-economic area and many patients are within the neighborhood.

- First meeting with the neighborhood was held on August 30th, 2007 with participation of 15 people identifying concerns: safety, clustering, loitering, and offending odors.

- The response or action taken in response to those concerns was to put in private security patrol and security cameras.

- There are only three cannabis dispensaries in the neighborhood.

(-)David Fix

- Concerned that the dispensary is creating disturbances in the neighborhood and they have not done sufficient outreach. There have been only two meetings with the neighbors in the last five years.

(-)Thea Selby

- We all have to work together to make this neighborhood safe and AHHS [Alternative Herbal Health Services] is not helping. Another dispensary in the area keeps smokers away from the property.

(-)Shawn Riney

- Concerned with re-selling, loitering, smoking, and double parking.

(-)Simon Butler

- This particular dispensary does not seem to be well run and we are very concerned about security and safety.

(-)Bill Maher

- This dispensary attracts a large number of dealers and it is a major impediment to making the neighborhood safe.

(-)Vallie Brown

- We are a neighborhood that cares and have recommended other dispensaries but this one is not helping the neighborhood at all.

(-)Richard Johnson

- This is about safety and being a good neighbor and being part of the neighborhood.

(-)Kirk Wilder

- I'm against this particular dispensary and its business practice. It is an amazing contrast with the other two existing medical dispensaries.

(-)Rob

- Encouraged the Commission to hold this club to the same standards as other clubs in the area.

(-)James Whereat

- Many people have invested so much in this community and it is more than just appearance.

(+)Vancas Wilson

- The dispensary is not responsible for everything that is going on outside of it. This is really a miscommunication issue.

(-)Silvia Johnson

- This location should be moved because there were no explanations of it.

(+)Stuart Packman

  1. Shared his own experience with the dispensary regarding safety and being a good provider.

(+)Chad Calvert

  1. The dispensary has safety cameras in place and the loitering goes on all over the area. This dispensary services underprivileged minorities.

(+)Marcelino Andrade

- I would feel less safe without the club there. They are good providers.

(+)Michelle Aldrich

- We put the regulations to make it easy for the neighborhood and have a choice.

- It seems that there are miscommunications and that can be remedied.

(+)Michael Aldrich

- Spoke in support of the dispensary because it is doing an outstanding job on Height Street.

(+)Hanley Chan, Special Police

- We patrol the club every night at the closing of it and we have never seen a crime happening and never get called for service; they are very well organized.

(+)Mathew

- People are very nice every time that I go there. They are very committed.

(+)Regen Richardsen

- Jason [owner] has been an outstanding guy, looking out for the disabled and other people's best interest and unfortunately the opposition has not seen that.

(+)Heather Goodballet

- The neighborhood has changed so much and the dispensary has really helped our street to increase safety.

(+)Mike Welch

- The dispensary has done a lot of things to make the place safe and comfortable for patients.

(+)Brian Kuester

- This has been a rough neighborhood but many of the criminal activities are not connected to the medical dispensary.

(+)Robert O'Malley

- There was much more danger before and this dispensary has increase safety with the patrol police.

(+)Prince Dean

- The crime on the block has nothing to do with the cannabis club because it started before they were there.

(+)Nikolai Bonds

- Jason [owner] medically sells marijuana to people who medically need it and what people do with it after that should not be a concern of Jason.

(+)Aaron Pulaski

- Jason [owner] cares about the entire community and the crime going on in the neighborhood is not Jason's fault.

(+)Chuck Kalimar

- Under the scrutiny imposed, it would not be smart to behave in any other way than helping decrease the crime in the City.

(+)Kathleen Bernard

- Jason [owner] has provided vital services to the medical cannabis patient community for several years with high quality medicine.

(+)Lynne

- Jason [owner] has been very respectful and approachable and he needs to be given a chance.

Abu Zenia

- We have to listen to each other and make things that are proper to make it successfully in this neighborhood.

(+)George Johnson

- Spoke in support because Jason does good things for the neighborhood and the criminal activities have been there for a long time.

(+)Ralph Monda

- Shared his own experience with Jason [owner] when he got robbed at the store and how the dispensary is helping people with many illnesses.

(+)C. Coleman

- In support of the dispensary because Jason is a good person and we have to work together to make things better.

(+)Tracy Hill

- Supported the dispensary because the closing of it is going to affect many people.

(+)Pat Buscovich

  1. Met with the neighborhood and the merchants. Issues were raised about criminal activities and I contacted the Police Department.
  2. We contacted the school and they did not know about the club. There are only three clubs in the neighborhood.

(+)Wayne Justman

  1. This dispensary was the very first facility on Haight Street and they have reached out to the community and are part of it.

- This is a good operation.

(+)Michael Goldstein

- I have had a great opportunity over the past few years to see other clubs and Jason [owner] has an excellent reputation for running a cannabis dispensary.

- It is safe and has an excellent trends experience to provide for different illness.

(+)Jason Beck

- I have always been willing to work with the community and be part of it.

ACTION: Took Discretionary Review and approved with no on-site vaporizing.

-Project Sponsor to join neighborhood groups and identify a liaison and contact number for the neighborhood's use and meet with them.

-The Department is to report back to the Commission in 6 months on progress.

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

NAYES: Antonini and W. Lee

21. 2007.1356D (Tape IVA; IVB) (G. CABREROS: (415) 558-6169)

526 9TH AVENUE - east side between Anza and Balboa Streets, Lot 043 in Assessor's Block 1551 - Staff-initiated Discretionary Review of Building Permit Application No. 2007.07.13.6756, proposing a three-story rear addition to an existing three-story, single-family residence in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve with modifications

SPEAKER(S)

Mathew Steer, Project Sponsor

- We moved to the City three and a half year ago and a lot of our extended family visits us frequently. Also, we might consider providing housing for my in-law in the future.

- We spoke to our neighbors to discuss our plan and received positive feedback. We think it is an important factor to consider when making your decision.

John Maniscalco, Architect

  1. The project is going to accommodate a family of 5 members.
  2. It is within the height limit and setbacks and would not affect negatively the mid-block open space.
  3. It has full support of many neighbors and in no way does this case meet the standards of exceptional circumstances for discretionary review.

(+)Brain White

- Shared his own experience of the need to accommodate a growing family and the project would not affect the mid-block open space.

(+)Karen Kevington

- Spoke in support of the project because it would be a great addition and it would not impact our open space.

ACTION: Took Discretionary Review and Approved with a 3-foot side setback on the North side.

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

NAYES: Alexander, Antonini and Moore

22. 2007.1245T (Tape IVB) (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

(Continued from Regular Meeting of January 10, 2008)

SPEAKER(S)

Katherine Stephanie, Alioto-Pier's Office

- We agreed that the recommendation should be five and the purpose of the legislation is to work with the merchants and bring back the restaurants that have been lost.

- We have been working with the neighborhood organizations.

- We have also agreed that restaurants should be limited to a beer/wine license and not full license.

- Also, we are looking at square footage limitations. We still have to work on that.

Lesley Leonhardt, Union Street Association

  1. We are a very diverse neighborhood and we rely on tourism but we do not want any more bars.
  2. We are in support of allowing full service restaurant with a conditional use for the people to weigh-in on the applicant to have a balanced, healthy environment.

Dennis Beckman

  1. Asked to have it as a conditional use to allow flexibility and for the public to participate in the process.

Robert Bardell

  1. Asked for a continuance for at least one month because we were informed late and dialogue should continue to settle issues.

Serena Bardell

- Asked for a continuance because there is no need to rush through such an important legislation.

(-)Jack Branning

- Concerned about the lack of parking and the need of more and better restaurants.

ACTION: Approved recommendation with modification to allow five new uses; allow full liquor licenses; and require Conditional Use.

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

NAYES: Sugaya

RESOLUTION: 17547

23. 2007.1328TC (Tape IVB) (a. rodgers: (415) 558-6395)

Ordinance adding Section 249.35 to the San Francisco Planning Code to include the proposed Excelsior Alcohol Restricted Use District in the Fringe Financial Service Restricted Use District prohibiting new fringe financial services, as defined, with certain exceptions, including properties in the Assessor's Blocks fronting on both sides of Mission Street from Silver Avenue to the Daly City border; amending San Francisco Planning Code Section 711 to add the Fringe Financial Service Use to the Small-Scale Neighborhood Commercial District (NC-2) Zoning Control Table and Section 712 to add Fringe Financial Service Use to the Moderate. Scale Neighborhood Commercial District (NC-3) Zoning Control Table; amending Zoning Maps Numbers SU11, and SU12 of Zoning Map of the City and County of San Francisco to define the boundaries of the Fringe Financial Service Restricted Use District; and making findings, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

Preliminary Recommendation: Approval

SPEAKER(S): None

ACTION: Approved per staff recommendation

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

RESOLUTION: 17548

24. 2004.0548E (J. BATTIS: (415) 575-9022)

1450 15th STREET - Lot 064 of Assessor's Block 3549, bounded by 14th Street, Folsom Street, 15th Street, and South Van Ness Avenue in the Inner Mission neighborhood. Appeal of Preliminary Mitigated Negative Declaration for demolition of the existing one-story, 20- to 26-foot-tall, approximately 8,226-square-foot (sf) industrial building, constructed in 1908, and the construction of a four-story over basement, approximately 43-foot-tall building. The proposed, approximately 32,300 gross-square-foot (gsf) building would include ten residential units on the second through fourth floors over approximately 7,100 sf of Production, Distribution, & Repair (PDR) use on the ground and basement levels. The proposed basement level would contain a ten-space residential parking garage (about 5,600 sf) with ingress and egress from Shotwell Street. The proposed project would result in an approximately 24,000 gsf increase on the project site. The approximately 8,227-sf project site is within a Light Industrial (M-1) use district and within a 50-X height and bulk district.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

(Continued from Regular Meeting of January 17, 2008)

SPEAKER(S)

David Silverman, Project Sponsor

- It takes a long time to get a Negative Declaration; at this time the sponsor believes that the project does not have enough support without adding mitigations.

- That would destroy the financial feasibility of the project and that is the reason he cannot set a date yet.

ACTION: Without hearing, continued indefinitely

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

25a. 2004.0548CVE (E. JACKSON: (415) 558-6363)

1450 15th Street - northwest corner of Shotwell and 15th Streets, Lot 064 in Assessor's Block 3549 - Request for Conditional Use Authorization pursuant to Planning Code Sections 215 and 303 to allow the demolition of an existing one-story industrial building and construction of a new four-story mixed-use building with 10 residential units over Production, Distribution, & Repair (PDR) uses on the ground and basement levels within an M-1 (Light Industrial) Zoning District with a 50-X Height and Bulk designation. This proposal also includes Variance requests for rear yard and parking. The Zoning Administrator will consider the variance application concurrently with the Planning Commission.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of January 17, 2008)

SPEAKER(S): None

ACTION: Without hearing, continued indefinitely

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

25b. 2004.0548CVE (E. JACKSON: (415) 558-6363)

1450 15th Street - northwest corner of Shotwell and 15th Streets, Lot 064 in Assessor's Block 3549 - Request for Rear Yard and Parking Variances pursuant to Planning Code Section 134 and 151 for the construction of a new four-story mixed-use building with 10 residential units over Production, Distribution, & Repair (PDR) uses on the ground and basement levels within an M-1 (Light Industrial) Zoning District with a 50-X Height and Bulk designation.

(Continued from Regular Meeting of January 17, 2008)

SPEAKER(S): None

ACTION: Without hearing, continued indefinitely

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

26a. 2007.1163C (D. DIBARTOLO: (415) 558-6291)

140 Ellis Street - between Cyril Magnin and Powell Street, Lot 023 in Assessor's Block 326 - Request for Conditional Use Authorization to convert 65 of the existing 77 residential hotel rooms into tourist hotel rooms within the six-story mixed use structure. This change of use would increase the number of tourist rooms from the existing 66 rooms to a total of 131 tourist hotel rooms with 12 residential hotel rooms still remaining within the building. The project does not propose any modifications to the building exterior or interior and consists of the change of use only. As required under the San Francisco Administrative Code, the 65 residential hotel rooms at the project site (to be converted to tourist hotel rooms) will be replaced at 317 Leavenworth Street. (A companion variance case for 317 Leavenworth (Case No. 2007.1164V) will be considered by the Zoning Administrator concurrently with this case.) The project site is located in a C-3-G (Downtown General Commercial) Zoning District and an 80-130-F Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of January 24, 2 008)

SPEAKER(S)

David Baker, North of Market Planning Coalition

  1. Requested to continue this item for at least 90-days because the outreach had been deficient.

John Nulty

  1. Requested to continue this item indefinitely to provide the opportunity for community input.

Joe Yotto, Project Sponsor Representative

- Requested the continuance to March 13 because it would give ample time to address concerns. If necessary, we could request an additional continuance then.

ACTION: Without hearing, continued to March 13, 2008

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

26b. 2007.1164V (D. DIBARTOLO: (415) 558-6291)

317 Leavenworth Street - northwest corner with Eddy Street; Lot 005 in Assessor's Block 0334 - Request for Residential Open Space and Off-Street Parking Variances. The proposal is to convert the existing 65 tourist hotel room into 65 residential hotel rooms in conjunction with a reverse conversion at 140 Ellis Street. The existing building occupies the lot almost entirely, and none of the proposed residential hotel rooms would be provided with any private or common open space, nor would any off-street parking spaces be provided. The project site is located in an RC-4 (Residential-Commercial, Combined, High Density) Zoning District and an 80-T Height and Bulk District.

(Continued from Regular Meeting of January 24, 2008)

SPEAKER(S): Same as those listed on item 26a

ACTION: Without hearing, continued to March 13, 2008

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

27. 2007.0348C (Tape IVB) (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 5, 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.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of January 31, 2008)

SPEAKER(S)

Richard Tang, Project Sponsor

  1. We conquer with staff's report and are here to essentially answer any questions about the project.

(-)Terrie Frye

- Concerned about health impacts and submitted a copy of materials previously sent to the Commission.

- There are no requirements to disclose to new tenants information about the antennas.

ACTION: Approved

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

NAYES: Olague

MOTION: 17549

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

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

SPEAKER(S)

None

Adjournment: 10:09 P.M.

THESE MINUTES WERE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, May 22, 2008.

SPEAKERS: None

ACTION: Adopted

AYES: Antonini, Lee, Miguel, Moore, Olague, 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 10:00:35 PM