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City and County of San Francisco

April 23, 2009

April 23, 2009

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Room 400, City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, April 23, 2009

1:30 PM

Regular Meeting

COMMISSIONERS PRESENT: Miguel, Olague, Antonini, Borden, Lee, Moore, and Sugaya

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

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Craig Nikitas – Acting Zoning Administrator, Sharon Lai, Edgar Oropeza, Rosemary Dudley, Joshua Switzky, Tara Sullivan, Kevin Guy, Adrian Putra, Ken Rich, Claudia Flores, Steve Wertheim, Corey Teague, Susan Exline, 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.

1. 2008.1161C (A. PUTRA: (415) 575-9079)

99 WEST PORTAL AVENUE- northeast corner of West Portal Avenue and Vicente Street, Assessor's Block 2979A; Lot 021A - Request for Conditional Use Authorization, pursuant to Planning Code Sections 729.51, and 303 to allow a ground floor medical service use (dba "Dean L. Duncan, DDS") in the West Portal Neighborhood Commercial District, and 26-X Height and Bulk District.

Preliminary Recommendation: Disapproval

(Continued from Regular Meeting of April 9, 2009)

NOTE: On March 26, 2009, following public testimony, the Commission closed the public hearing and entertained an intent to approve with modifications to require more transparency into ground level; provide more attractive awnings; continue working with department staff on design and material to enhance the exterior façade by a vote of +6 -1; Commissioner Olague voted against. Final Language April 9, 2009.

(Proposed for continuance to May 14, 2009)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Miguel, Antonini, Borden, Lee, Moore, and Olague

ABSENT: Sugaya

2. 2007.0128E (L. KIENKER: (415) 575-9036)

2901 CALIFORNIA STREET DREW SCHOOL ADDITION -- west side of Broderick between California and Pine Streets, Lots 3 and 95 in Assessor's Block 1029 – Certification of the Final Environmental Impact Report, for the project at 1831-1835 Broderick Street to demolish an existing three-unit residential building constructed in 1891 and build an approximately 15,604 square-foot (sq.ft.) addition to the existing Drew School at 2901 California Street, accommodating a three-story assembly and classroom wing, with no change to off-street parking, within the RM-1 (Residential, Mixed, Low Density District) and 40-X Height and Bulk District.

Please note: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on November 24, 2008. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission during the Public Comment portion of the Commission calendar.

Preliminary Recommendation: Certify the Final EIR

(Proposed for Continuance to May 14, 2009)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Miguel, Antonini, Borden, Lee, Moore, and Olague

ABSENT: Sugaya

3a. 2007.0128CV (A. STARR: (415) 558-6362)

2901 CALIFORNIA STREET - southwest corner of California and Broderick Streets, Lots 095 and 003, in Assessor's Block 1029 - Request for Conditional Use Authorization under Planning Code Sections 209.3, 303 and 317 to modify the Conditional Use Authorization approved on October 14, 2009 (Motion # M14898, Case # 1998.244C) to allow an existing private secondary school (the Drew School) to expand its facility to include 4 new classrooms and a flexible assembly space, to increase its enrolment cap from 250 to 280 students and to demolish an existing 3-unit residential building located at 1831-1835 Broderick Street adjacent to the Drew School within an RM-1 (Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District. The 40' tall addition will be constructed to the south of the existing school building on the site currently occupied by the 3.5 story residential building.

Preliminary Recommendation: Approval with conditions

(Proposed for continuance to May 14, 2009)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Miguel, Antonini, Borden, Lee, Moore, and Olague

ABSENT: Sugaya

3b. 2007.0128CV (A. STARR: (415) 558-6362)

2901 CALIFORNIA STREET -Southwest corner of California and Broderick Streets, Lots 095 and 003, in Assessor's Block 1029 --Request for Variances from the rear yard, permitted obstruction and street tree requirements pursuant to Sections 134, 136(d)(2) and 143 of the Planning Code, to allow the proposed building expansion to be located within the required rear yard, to have a bay window projecting over the sidewalk that does not conform to the size limitations outlined in the Planning Code, and to not install street trees every 20' along the Broderick Street frontage as required by the Planning Code. The Zoning Administrator will consider the request following the Planning Commission's consideration of the Conditional Use authorization.

(Proposed for continuance to May 14, 2009)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Miguel, Antonini, Borden, Lee, Moore, and Olague

ABSEMT: Sugaya

4. 2008.1014C (J. IONIN: (415) 558-6309)

652 STANYAN STREET - east side between Page and Haight Streets, Assessor's Block 1228, Lot 008 - Request for Conditional Use Authorization under Planning Code Section 209.6 (Public Facilities and Utilities) for AT&T Wireless to co-locate six antennas on the roof (concealed within RF transparent material) and associated equipment cabinets in the basement of the subject property. The project lies within an RM-2 (Residential, Mixed, Moderate Density) District and a 50-X Height and Bulk District.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of March 19, 2009)

(Proposed for continuance to May 14, 2009)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Miguel, Antonini, Borden, Lee, Moore, and Olague

ABSENT: Sugaya

5. 2006.0401D (E. WATTY; (4150 558-6620)

395 ATHENS STREET south side between Brazil and Excelsior Avenues; Lot 014, in Assessor's Block 6022 – Request for Discretionary Review of Building Permit Application No. 2003.12.24.3005, proposing construction of a four-story, two-family dwelling on a vacant lot. The subject property is located within the RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

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

(Proposed for continuance to May 21, 2009)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Miguel, Antonini, Borden, Lee, Moore, and Olague

ABSENT: Sugaya

B. 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

6. 2009.0016C (S. LAI: (415) 575-9087)

68 WEST PORTAL AVENUE– west side of West Portal Avenue, between Ulloa and Vincente Streets, Assessor's Block 2931; Lot 007 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 729.42 and 303, to legalize a full-service restaurant (dba  Bay Shabu ) within the West Portal Neighborhood Commercial District, and 26-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions.

SPEAKERS: None

ACTION: Approved

AYES: Miguel, Antonini, Borden, Lee, Moore, and Olague

ABSENT: Sugaya

MOTION: 17866

7. 2008.1397D (E. OROPEZA: (415) 558-6381)

64-66 14th Street- north side between Folsom and Trainor Streets; Lot 017, in Assessor's Block 3529, Mandatory Discretionary Review pursuant to Planning Code Section 317 requiring review of all dwelling unit conversions, for Building Permit Application no. 2009.0319.4471. The project proposes to convert the existing ground floor dwelling unit of approximately 1,000 square feet into a retail eating establishment thereby reducing the number of legal dwelling units from 2 to 1. The property is located within the PDR-1-G (Production, Distribution, Repair-General) District and a 58-X Height and Bulk Designation.

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

SPEAKERS: None

ACTION: No DR and approved

AYES: Miguel, Antonini, Borden, Lee, Moore, and Olague

ABSENT: Sugaya

DRA No: 0077

C. COMMISSIONERS' QUESTIONS AND MATTERS

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:

As we look at the revenue generated from these new buildings (Rincon Hill): infrastructure fees, school fees, and transfer taxes; I think we all win by having more buildings move forward. I think we want to revisit this and perhaps have the nexus study and see if the fees that were called for at that time are still appropriate in today's economic climate. It would seem to me that the language that the commission sent to the Board of Supervisors asks them to evaluate carefully any fees in view of the economic conditions that exist and weigh these additional fees against the fees that are already mandatory in the original legislation. To the extent possible, I would like to see that before we talk about entitlement extensions to see where we are and see what kind of revenues we have generated from the projects and see what effect these fees may have on other projects moving forward.

Commissioner Moore:

On April 13, the Petaluma City Council voted to lay off the already reduced planning staff and by the summer, eliminate the position of the Planning Director as well. It is really sad because it is a small community that has done a lot of exemplary forward looking planning, from smart growth and form based code to a lot of things which are quite exemplary in a changing, high pressure environment. Just like we are, they are fee based and there is just not enough permit cost recovery to justify that they can continue to exist. I see that as a dangerous trend, particularly in a state as vital as California that is setting examples for forward looking planning and development.

Commissioner Borden:

A house on Laidley Street in San Francisco won an AIA housing award on its eco-friendly design. It's nice that they are highlighting homes around the country that have taken in environmental features in their housing.

Commissioner Lee:

Given the issue with One Rincon and their refusal to pay the mitigation fee that was agreed upon, I would like a list from the Mayor's Office of Housing of all the projects that have been built and have not paid their fees.

Commissioner Moore:

The AIA Interiors Renovations won the first gold/platinum award, and I think that is also worth mentioning.

Commissioner Miguel:

He attended the Glen Park Community Plan meeting this week that was run by the Department. It was well attended and it was nice to see that many of the people there had not been involved in that long delayed planning process prior to this time. He also attended a Potrero Merchants Association reception that had a lot of talk about planning in that area. On Monday, he attended the funeral of Redmond Kernan. He was at one time the Acting Director of the San Francisco Redevelopment Agency. He was an active Board member of SPUR and the Presidio Historical Society. I knew him for many years. He had a 14 year fight with cancer. He was an exemplary San Franciscan in my mind. The turn out at his funeral was a fine tribute to a man with a great sense of humor and a great love for San Francisco. We will adjourn today's meeting in his memory.

Commissioner Moore:

Redmond Kernan was in front of this commission a few months ago when we discussed the museum. He was an elegant speaker, recalling the whole history of the plan and why this particular building was inappropriate for that site. I also want to add that on Tuesday I attended the Mid-Polk Neighborhood meeting where Planning presented the update on the Housing Element.

D. DIRECTOR'S REPORT

9. Director's Announcements

Director Rahaim:

In your packets today is the 2008 Housing Inventory Report. Housing production last year was at the highest level since 1965. The actual number of units produced was 3,340. I will be out tomorrow through Tuesday at the annual Planning Convention which takes place this year in Minneapolis Minnesota. I will be participating in an all day session on Saturday about green communities with a number of other participants. Although the Commission does not meet next week, the AIA Convention will be in San Francisco from Wednesday through Sunday and I'll participate in two sessions. One will be at noon on Thursday regarding historic preservation issues around the waterfront. The second is on Friday morning regarding the future growth of the city, particularly downtown. The AIA has started a practice that in each host city every year they recognize the  ten greenest buildings. There will be a press conference on Wednesday to announce the winners.

Zoning Administrator Badiner:

I want to update you on or General Advertising Sign Program. Of the 1500 signs in the sign inventory, we have processed 55%. 25% were illegal and have been removed. 20% are pending removal. We have also been working with the Administrative Law Judge when we are challenged. We have had six Notices of Violation. Each one of the hearings is approximately a full day and a much more formal process that we have here at the Commission. Five of the six Notices of Violations have been upheld. We have been very successful. Last October the Commission considered  repeat violator legislation - this is someone who puts up a sign, takes it down, puts it up again, and so on. You increased the fees for those violations. Last week we collected $15,000 from a single violator. I think our staff led by Dan Sider and Jon Purvis have been doing an excellent job.

10. Review of Past Week's Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.

Board of Supervisors' events reported by AnMarie Rodgers:

LAND USE:

· Amending Appendix C to Article 11: 608 Folsom Street (forwarded to Board)

· Status Report of the Western SoMa Citizens Planning Task Force (info only)

FULL BOARD:

· India Basin Industrial Park–All actions (FINALLY PASSED)

· Adopting the Visitacion Valley Redevelopment Plan – All actions (passed first read)

· Appointment HPC Ruth Todd (not appointed)

· Urging City Departments to develop a Home Improvement Plan for the Bayshore Corridor (adopted)

INTERIM CONTROLS:

· Interim Hunters Pt Project Area C. EFFECTIVE 6/10/09

· CU for Loss of Recreation Space–EFFECTIVE UNTIL 6/19/09

· Interim CU on Tobacco Paraphernalia Haight NCD. EFFECTIVE UNTIL 3/9/10

· Interim CU for new development on southern 19th Ave. –EFFECTIVE UNTIL 5/1/10

NEW INTRODUCTIONS:

· 090477 Daly: Ord. amending 318.2 & 318.7 of PC to clarify provisions of the SoMa Stabilization Fund. Specifically, that the MOCI will manage and expend the fund and the fee is due before issuance of final certificate of occupancy or within a certain time after issuance of first certificate of occupancy.

ITEMS PENDING:

May 12, 2009

· Special Order at 4:00 PM -- CEQA Appeal 717 Battery Street/350 Pacific Avenue

(Filed 1/30/09) (Continued from 4/7/09)

Board of Appeals:

No events

Historic Preservation Commission:

No events

11. (R. DUDLEY (415): 575-9068)

General Update on the Japantown Better Neighborhood PlanInformational Presentation - Brief status update on the Japantown Better Neighborhood Plan to discuss the plan's key recommendations, issues and schedule for completion. More information about the Japantown Plan can be found at the plan website: http://japantown.sfplanning.org.

Preliminary Recommendation: Information only. No action required.

SPEAKERS: Hirochi Fukuda

ACTION: Informational only - No Commission action

11a. 2009.0056U (L. BADINER 558-6350, J. SWITZKY 575-6815)

425 FIRST STREET- Assessors Block 3765, Lot 022. South side between Fremont and First Streets, Rincon Hill DTR and 45/550-R Height and Bulk Districts. Discussion of One Rincon Hill payment into the SOMA Stabilization Fund (Sec 318.3(b)(ii)) and consideration of calendaring a hearing to revoke authorization of payment to the project sponsor for an allocation of up to $1,552,972 from Rincon Hill Community Improvements Fund to Reimburse One Rincon Hill Development, LP pursuant to Planning Commission Motion 17836 for In-Kind Public Street Improvements on First and Harrison Streets. Preliminary Recommendation: Discussion Only

NOTE: Item 11a is added to the minutes from an addendum calendar for 4/23/09

SPEAKERS: Reed Bement

ACTION: Informational/Discussion only - No Commission action

12. Transbay Transit Center (J. SWITZKY: (415) 575-6815)

Informational Presentation by the Transbay Joint Powers Authority and Pelli Clark Pelli Architects of the completed Schematic Design for the Transbay Transit Center and request for Comment from the Planning Commission. The TJPA is seeking comment from the Planning Commissioners on the design of the Transbay Transit Center.

Preliminary Recommendation: No Action Required

SPEAKERS: None

ACTION: Informational only. No Commission action

E. 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.

SPEAKERS:

Sue Hestor

Re: LEED building process and the impacts on adjacent buildings

  1. REGULAR CALENDAR

13. 2008.0197T (T. Sullivan: (415) 558-6257)

Amendments relating to Planning Code Section 725.1, Section 725.44, and Section 725.69A of the Union Street NCD Zoning Control Table- to provide for a limited number of new Small Self-Service Restaurants and Self-Service Specialty Food uses subject to conditional use authorization by the Planning Commission [Board File No. 09-0274]. Ordinance introduced by Supervisor Alioto-Pier amending Planning Code Section 725.1, Section 725.44, and Section 725.96A of the Union Street NCD to provide for a limited number of new Small Self-Service Restaurants and Self-Service Specialty Food uses subject to conditional use authorization by the Planning Commission; making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1. Preliminary Recommendation: Approval.

SPEAKERS: Lincoln Chris, Robert Pilcher, Daniel Thaxton, Katherine Zepnew, Supervisor's Alioto-Pierce's Office and Michael Williams were in support.

ACTION: approved

AYES: Miguel, Antonini, Borden, Lee, Moore, and Olague

ABSENT: Sugaya

MOTION: 17867

14. 2007.0289C (K. GUY: (415) 558-6163)

1685 SACRAMENTO STREET - 1685 Sacramento Street (aka 1552 Polk Street), southeast corner at Polk Street, Lot 017 of Assessor's Block 0644: Request for Conditional Use Authorization, pursuant to Planning Code Section 723.45 to add a liquor store to an existing convenience store (dba "Nob Hill Liquors #2") within the Polk Street NCD (Neighborhood Commercial District), and a 65-A Height and Bulk District. If granted, the Conditional Use Authorization would allow the applicant to seek a Type 21 License from the California Department of Alcoholic Beverage Control. This license would permit the sale of beer, wine, and distilled spirits for off-site consumption. The size of the existing store would not change.

Preliminary Recommendation: Disapproval

SPEAKERS: Marsha Garland, representing property owner, Vlad A., Alan Byard, Stefano Cassolato, Daniel Elgloason, Anthony Galletta, Carl Hilsz, Andrew Kuzman, Steve Leslie, Michael Nulty, Robert Pilcher, Daniel Thaxton, Numan Zeida, Anthony Nyguen Daniel Arragosa, Lad Abramoff were in support. Michael Schoolmik, Kretchen Larson, and Shaun Supanich were opposed.

MOTION: To approve with conditions

AYES: Antonini and Borden-

NAYES: Lee, Moore, Olague and Miguel

ABSENT: Sugaya

RESULT: Motion failed

ACTION: Following the failed motion to approve with conditions, and in the absence of a successful substitute motion, the project is deemed disapproved

MOTION: 17868

15. 2008.1383D (A. PUTRA: (415) 575-9079)

3944 21st STREET – north side between Collingwood Street and Castro Street; Lot 022B in Assessor's Block 2752 – Request for Discretionary Review of Building Permit Application No. 2008.05.13.1976, proposing the construction of a vertical addition to add a third story to an existing two-story, single-family house in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

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

SPEAKERS: Ethan Beard, DR Requestor, spoke against the project with light and air concerns. Michael Zazzara, Project Owner and Reza Khosnevisan, Project Designer spoke in favor of the project.

ACTION: No DR and approved

AYES: Miguel, Antonini, Borden, Lee, Moore, and Olague

ABSENT: Sugaya

DRA: 0078

16. EASTERN NEIGHBORHOODS PROGRAM (K. RICH: (415) 558-6345)

Staff will present an informational update on progress with implementation of the Eastern Neighborhoods Program, which became law on January 19, 2009. Topics covered will include: Citizen's Advisory Committee (CAC), "EN Trips" study, open space planning, interpretations related to new Planning Code provisions, staff training program, "legitimization" program, pipeline projects, Mission Street study, historic preservation surveys. Information only - no action required.

SPEAKERS: Colleen Mcharry, Jaime Trejo, Jose Morales, Michael O'Connor

ACTION: Informational only – no commission action

RECUSSED: Miguel and Antonini

17. 2009.0244Z (K. RICH: (415) 558-6345

2554-2574 MISSION STREET (aka 2550 MISSION STREET) on the western side of the block between 21st and 22nd Streets, Lots 007 in Assessor's Block 3616 The Planning Commission will consider an ordinance, Board File # 090381, amending the San Francisco Zoning Map, pursuant to Planning Code Section 302 and 306.3, by amending the height district designation for property located at 2550 Mission Street, Assessor's Block 3616, Lot 007, between 21st and 22nd Streets to 65-X on Zoning Map Sheet ZN07; and making various findings, including environmental finding and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

The proposed Ordinance is before the Commission so that it may recommend adoption, rejection, or adoption with modifications to the Board of Supervisors, and adopt findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1.

Preliminary Recommendation: Approve

SPEAKERS: Erick Arguello, Miguel Bustos, Vireka Chen, Marcus Clark, Larry Del Carlo, David Delp, James Gallagher, Philip Lesser, Debra Walker, James Minamacker, Amy Sullivan, Peter Cohen, Mark Bennett, Joe Boss, Carolyn Deevy, John Mendoza Eva Roynie, Sam Ruiz, Mitchell Salazar, Amy Sullivan, Khader Shawa, Ralph Tashjian, and Connie Weber were in support. Vlad A., Colleen Mcharry, Michael O'Connor, Sue Hestor and Spencer Remington were opposed.

MOTION: To continue for two weeks (to 5/7/09)

AYES: Moore, Olague and Sugaya

NAYES: Antonini, Borden, Lee and Miguel

RESULT: Motion failed

ACTION: Disapproved

AYES: Antonini, Borden, Lee and Miguel

NAYES: Moore, Olague and Sugaya

RESOLUTION: 17869

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

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

None

Adjournment (in Memory of Redmond Kernan): 10:21 p.m.

ADOPTED: May 21, 2009

Last updated: 11/17/2009 10:00:37 PM