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Seal of the City and County of San Francisco
City and County of San Francisco
May 14, 2009

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, May 14, 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 1:40 P.M.

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Larry Badiner – Zoning Administrator, AnMarie Rodgers, Adrian Putra, Sarah Dennis-Phillips, Elizabeth Watty, Aaron Hollister, Sharon Lai, Ben Fu, Leigh Kienker, Aaron Starr, Elaine Forbes, 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. 2009.0261T (A.RODGERS: (415) 558-6395)

Amendments to Planning Code Sections 803.4 and 815: Massage Services in South of Market Residential/Service Mixed Use District. [Board File No. 09-0321] - Ordinance introduced by Supervisor Dufty amending San Francisco Planning Code by amending Section 803.4 Uses Prohibited in SoMa Districts, Section 815 Residential/Service Mixed Use District, and Table 815 to allow a business operating as a full-service spa to provide massage services with a Conditional Use authorization; defining a  full-service spa and adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval with modification.

(Proposed for Continuance to May 21, 2009)

SPEAKERS: None

ACTION: Continued as proposed

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

2. 2005.0979E (D. LEWIS: (415) 575-9095)

FOX PLAZA EXPANSION (1390 MARKET STREET) - Appeal of a Mitigated Negative Declaration. The project site (Assessor's Block 0813, Lot 006) is located on the northwest corner of Market and 9th Streets in the Downtown/Civic Center area. The proposed project would demolish an existing two-story retail and office building and construct a new 120-foot-tall, 11-story building containing up to 250 dwelling units and approximately 19,880 gross square feet of ground-floor retail use. There would be no change to the existing Fox Plaza mixed-use tower, and no new parking would be provided (18 existing spaces would be removed); parking for the new residential units would be within the existing two-level basement garage at Fox Plaza, accessed from Hayes Street. The project site is located in a C-3-G (Downtown General Commercial) Use District and a 120-X/200-S Height and Bulk District.

Preliminary Recommendation: Uphold Mitigated Negative Declaration

(Proposed for Continuance to May 28, 2009)

SPEAKERS: None

ACTION: Continued as proposed

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

3. 2009.0268T (T. SULLIVAN: (415) 558-6257)

Amendments to Planning Code by adding Section 790.107 to define a Philanthropic Administrative Service Use [Board File No. 09-0367]. Ordinance introduced by Supervisor Alioto-Pier that would add Section 790.107 to define a Philanthropic Administrative Service Use and by adding 718.85 to the Zoning Control Table in Section 718 to authorize a Philanthropic Administrative Service Use as a permitted use in the Upper Fillmore Street Neighborhood Commercial District; amending Sheet NZ02 of the Zoning Maps of the City and County of San Francisco to change the zoning for Assessor's Block 0630, Lot 032 (2503 Clay Street) from RH-2 to NCD; and adopting findings, including Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval.

(Proposed for Continuance to May 28, 2009)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Miguel, Antonini, Borden, Lee, Moore, Olague, and 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: Approval with Conditions

(Continued from Regular Meeting of April 23, 2009)

(Proposed for Continuance to July 9, 2009)

SPEAKERS: None

ACTION: Continued as proposed

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

5a 2006.1065DDDD (S. VELLVE (415) 558-6263)

145-149 Buena Vista Avenue East/52 Alpine Terrace- west side between Waller Street and Duboce Avenue; Lots 036 and 037 (formerly Lot 005) in Assessor's Block 1258 - Requests for Discretionary Review of Building Permit Application No. 2006.09.20.2886, proposing to demolish an existing garage and to construct a new four-story, three-unit building at 52 Alpine Terrace that, in addition to providing its own required parking, would provide parking for a two-unit building at 145-149 Buena Vista East (requiring a Variance, Item 2b) in an RH-3 (Residential House, Three-Family) Zoning District and a 40-X Height and Bulk District. The existing three-car garage structure at 52 Alpine Terrace would be demolished.

Preliminary Recommendation: Do not take Discretionary Review and Approve

(Continued from Regular Meeting April 16, 2009)

REQUESTS FOR DISCRETIONARY REVIEW WITHDRAWN

5b. 2006.1065V (S. VELLVE (415) 558-6263)

145-149 Buena Vista Avenue East/52 Alpine Terrace- west side between Waller Street and Duboce Avenue; Lots 036 and 037 (formerly Lot 005) in Assessor's Block 1258 - Request for a Parking Variance for two required off-street parking spaces that would be provided on a separate lot than the dwelling units in an RH-3 (Residential House, Three-Family) Zoning District and a 40-X Height and Bulk District. The project proposes to demolish an existing garage and to construct a new four-story, three-unit building that, in addition to providing its own required parking, would provide parking for a two-unit building at 145-149 Buena Vista East. The request will be heard by the Zoning Administrator.

(Continued from Regular Meeting of April 16, 2009)

NOTE: As a result of the withdrawal of the requests for Discretionary Review, this item will be moved to the Variance Calendar and is tentatively scheduled to be heard by the Zoning Administrator on Wednesday, May 27, 2009.

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.

6. Consideration of Adoption:

  • Draft Minutes of Regular Meeting of January 22, 2009.
  • Draft Minutes of Regular Meeting of March 5, 2009.

SPEAKERS: None

ACTION: Approved

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

7. Commission Comments/Questions

  1. . Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to
  2. . 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:

On the issue of heights in the downtown area, in addition to discussions as these things move forward, it would be good to have some kind of presentation in keeping with what many members of the public called for, and that is a history of the heights issue during the 60s and 70s in the downtown commercial areas. If memory serves me right, we went to lower and lower heights, and one unintended consequence of that is we have a lot of buildings that are approximately the same height and perhaps not as much large ground level open space as we might have had if the buildings had been taller. I don't know if that is necessarily the case, but it is certainly worth noting as we move forward with future discussions of any future buildings or changes in that area.

Commissioner Borden:

Two items: A month or so ago, Judge Kopp came here regarding 800 Brotherhood Way and we had a conversation about Letters of Determination and how those were done. We talked about calendaring that sometime.

Zoning Administrator Badiner responded:

That is on the calendar next week

Commissioner Borden:

The other issue is we talked about looking at car share and parking requirements in projects and having a hearing on that topic and maybe coming up with some legislation.

Zoning Administrator Badiner responded:

Staff has a working group that is proceeding with that. I don't know what the timeline is, but as soon as the Commission requested it, we put a group together and we are working on that issue.

Commissioner Moore:

Regarding Mission Bay project update: I want to know which projects in the economic downturn have been approved and are now stopped. I not only want to know about the biotech projects, but also the residential.

Zoning Administrator Badiner requested clarification:

Are you asking for something from the Redevelopment Agency that identifies which projects they understand to be on hold?

Commissioner Moore:

That's correct

Commissioner Sugaya:

I have a copy of a mitigated Neg. Dec. for 1080 Sutter Street. Does that require any planning approvals?

Zoning Administrator Badiner:

I'll take a look at that.

Commissioner Miguel:

I was part of panel on housing and low income housing in San Francisco. There were five of us being questioned by the current group of CORO Fellows. Also, I've been able to join Department staff in meetings with Supervisors Maxwell and Chiu to brief them and give them an update on DR Reform. I have met with people regarding the 430 Main project that is before us. I was able to attend the meeting of the Duboce Triangle Neighborhood Association as well as have a presentation on the Ocean Avenue Kragen site development that is coming up shortly. I have requested of the secretary that we close the meeting today in the memory of Brian O'Neil. He was the Superintendant of the GGNRA with 25 years in the National Park service. He was known all over the country as an expert on how a federal government agency should interface with other government bodies. He understood land use. He understood built areas. He understood natural areas. He passed away yesterday at 67 years of age. This is a great loss to the park service and to the Bay Area in general.

Commissioner Moore:

I participated in a seminar on inclusionary housing led by experts from across the country. It was interesting that there are more than 200 communities in the United States that are actively pursuing inclusionary housing. And some, believe it or not, at significantly higher rates for BMR than we are doing. Most noted was Davis California at between 30 to 35 percent.

Commissioner Antonini:

I neglected to mention that I had met with the project sponsors of the Ocean Avenue Kragen site and also with parties involved in the issues surrounding 430 Main Street.

C. DIRECTOR'S REPORT

8. Director's Announcements

Director Rahaim:

Per the request of several commissioners, staff and I met with the Acting Director of the Small Business Commission. We had a good conversation about how to share information and talked also about the idea of a joint hearing in the future. We're going to work some more on that and decide what those topics of that joint hearing be.

Zoning Administrator Badiner:

Commissioner Moore already mentioned the Mission Bay report we put together that was in your packets this week. We will follow up on her additional questions. There is also a memo that Commissioner Antonini requested about historic preservation in Savannah that we responded to. I want to let you know that we are proceeding with an effort on universal planning notices. We have numerous different kinds of notices – over 40 different kinds of notice that have accumulated over the years that we've had the Planning Code. This is an effort to reduce those to a manageable number to avoid issues and questions and get some standardization. There is a meeting this Tuesday at six o'clock in the Planning Department offices to kick this off and hear from the public their ideas and which way we should go on this. We would ask if you are planning to attend this meeting that you contact Maria Oropeza at 558-6307. Mr. Sider is here to introduce to you and the public a report that we have just released called NC@20 (Neighborhood Commercial @ 20). We have had the Neighborhood Commercial Controls in place for twenty years and we think it's time to do an overview of it and that's what this report is.

Dan Sider, Department Staff:

We are very please today to be here to announce the availability of our draft NC@20 report as the Zoning Administrator just mentioned. The report is designed to meet Planning Code reporting requirements for you and the Board of Supervisors, but more importantly, we hope this will frame future discussions on the shape of the NC districts and the controls that affect them. We look at the history of the NC districts, development and application patterns and some recommendations to deal with the emerging issues in the NC districts. First, while the controls are effective and have been resilient, after 20 years and dozens of piecemeal changes and amendments, it's time to step back and do a wholesale comprehensive land use survey and planning process. Secondly, we do need to adopt specific provisions to support our small businesses – to encourage the small businesses that we do want. And lastly, the controls that apply to eating and drinking uses – it's a bit overdue for an overhaul on those controls. How people use and how restaurants and bars operate has changes over time and its time our Code reflects that. This report is a draft and we don't want to rush your review and the public's review of this document. Later this summer we will schedule a formal commission hearing and have a more robust discussion on this. Commissioners you have a copy in your packets. The report is also available on line on the Department's website at www.sfplanning.org, under the New Releases section. Hard copies are also available at the Department for a nominal fee.

Commissioner Olague:

Thanked the Department for the report. It's been long overdue. I think it might be useful to have a joint hearing on this with the Small Business Commission and with the Entertainment Commission.

Commissioner Miguel:

I have not had a chance to read this, but NC district over the years have expanded and contracted. Have you dealt with that issue as far as zoning is concerned? In other words, what was an NC district twenty years ago may be three blocks longer now. I think that is a consideration that should be looked at.

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

Board of Supervisors

Land Use:

  • Building Code - This ordinance would require amended certificates of final completion and occupancy for changes of occupancy of existing buildings. The Commission heard this item on 3/26 and recommended approval with three amendments: (1) expand the breadth of the ordnance to the entire city; (2) add language to ensure that fees normally captured at final occupancy would also be captured at amended occupancy; and (3) asked that the Board consider the impact of the ordinance on affordability. This week the Committee heard an amended ordinance that would pertain to the entire city and would capture any fees normally collected at final occupancy. The committee did not act but continued the item for further consideration.

Budget:

  • Mills Act application for 178 Townsend. This property requested a tax reduction of nearly $171,000 per year. This tax reduction would be associated with a proposal to transform the one-story brick warehouse into an 85-unit building with ground floor retail. The Planning Commission approved the associated CU on 9/4/08. On 2/4/09, the Historic Preservation Commission reviewed the historical property contract, the proposed rehabilitation and the maintenance plan. At that time the HPC recommended approval of the contract. This week the Rules Committee asked a number of questions about the value of the contract and questioned if the contract should be for the entire project or just the remaining historical façade. Ultimately the Committee stated that they were not comfortable approving the contract and continued the item to the call of the chair. The Committee further requested that the project sponsor modify the contract so that just the facades would receive the Mills Act rebate.

Full Board:

  • Rezoning of 2400 Irving Street – The Planning Commission approved rezoning this lot from a split zoning of NC-2/RH-2 to a uniform NC-2 on 2/5/09. This week the Board finally passed the ordinance on 2nd reading.

Board of Appeals

  • 252 9th Street, a demolition permit on a commercial/industrial building. It was appealed by Jackie Bryson on historic issues. The permit was originally approved by the Planning Department in 2002. We believe there were significant changes since then. We were in support of the appeal and further environmental work needs to be done. The Board voted 3 to 1 with Commissioner Peterson absent to continue the item to the call of the chair to allow environmental issues to be resolved.
  • 652 Kearny Street – a 7/11, which the Planning Commission took DR to disapprove and subsequent to that, imposed CU requirements. The Board adopted those and they became law. As the Commission is aware, where there is conditional use, the Board of Appeals has no jurisdiction. However, this permit was taken up prior to the conditional use and the appellant argued that the CU was in effect a spot zoning that specifically targeted this site and that Russian Hill Improvement Association, which is the governing law vs the Board of Appeals in the 1967 case, requires the Board to apply the law that was in effect at the time does not hold in this case because it was a spec spot zoning. That is not the case we believe. We also do not believe the appellant was purposely delayed as he claimed. The Board of Appeals agreed with us and voted 4 to 0 with Commissioner Peterson absent to dismiss the appeal for lack of subject matter jurisdiction and uphold the Commission's decision to deny the 7/11 in the Chinatown area.
  • DR Reform was presented to the Board last night. There were concerns expressed especially by Commissioner Goh, but overall there seemed to be support.

Historic Preservation Commission

  • The Historic Preservation Commission did not meet

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.

SPEAKERS:

Jamie Whitaker, Vice President, Rincon Hill Neighborhood Association. I'm here to speak on the SOMA Stabilization Fee. The Rincon Hill area is 14 blocks. The SOMA Stabilization Fee applies to those 14 blocks only. A few weeks ago Commissioner Antonini suggested there be a nexus study on the SOMA Stabilization Fee. We thank the commissioner and encourage the Department and Commission to pursue a nexus study on the SOMA Stabilization Fee.

Jeffrey Heller – Heller Mannus. I'm here to comment on issues of height and spot zoning because I personally was involved in the process all the way back from 1970, through SPUR, through the AIA, with Allan Jacobs, with Dick Hedman – the author of the plan - the urban designer. I thought it was worth putting on the record that the height zoning in the downtown area has been consistently carried through for all that time, more than 40 years. It started out in a C-3 at an unlimited height and after the Transamerica Building, in the north part, its plan was never changed was transitional from about 241 to 400 feet. In the mid 70's was zoned to 300 feet, then when the Downtown Plan was done, was dropped to 200 feet when the Downtown Planned dropped all the heights throughout the downtown to make a preservation plan so that no building would pierce the skyline as it was at that time. Today, the city, the Planning Department, the Planning Commission, and even the Board of Supervisors realizes that we have to be a more bay region centric, sustainable, transit base city and the heights have gone up. When people talk about what was the intent, that was the real intent. The Intent today is to be more restorative of a city with proper heights.

Ernestine Weiss: I'm here to talk about 8 Washington Street. This is a perfect example of what not to do in the city of San Francisco. This is the densest part of the city. The downtown is full of high rises. As the creator of Ferry Park as open space, I can't believe that they would put up another high rise building at the opposite corner of the park. All the neighbors are against it. There are no positives, only negatives. The height is wrong; the underground garage is wrong; everybody objects to the whole thing. This is an opportunity to make this part of the waterfront the most outstanding place in the city of San Francisco.

E. PUBLIC COMMENT ON AGENDA ITEMS WHERE THE PUBLIC HEARING HAS BEEN CLOSED

At this time, members of the public who wish to address the Commission on agenda items that have already been reviewed in a public hearing at which members of the public were allowed to testify and the public hearing has been closed must do so at this time. Each member of the public may address the Commission for up to three minutes.

SPEAKERS:

Courtney Clarkson: I'm here to make a few comments on item 17, the EIR for 2901 California Street. I would suggest that the EIR not be certified. It comes down to the fact that all these private schools in residential neighborhoods keep expanding and tearing down sound residential housing. I think that the three-unit building on Broderick Street is sound, historic, residential housing. Given that the school is located across the street from a neighborhood commercial district on both sides of California where there are quite a few building that have been for sale over the last few years, it would be far more suitable to expand the school & It is just bad policy to keep tearing down our residential housing stock. I hope this is something you will take in consideration when the item comes up.

Judith Hoyem, San Francisco Preservation Consortium: I wish to speak against the certification of the EIR (for 2901 California Street) to demolish the building next door to the Drew School. The three-unit building next door to the school is sound housing. There is no argument about that. It is three units. It is rent-controlled housing, and it is also an historic resource. It is puzzling to me that an EIR could ignore those factors and allow a building like this to be demolished. We always here that the city needs housing and here is an example of three units of housing that will be removed.

  1. CONSIDERATION OF FINDINGS AND FINAL ACTION – PUBLIC HEARING CLOSED

10. 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 23, 2009)

NOTE: On March 26, 2009, following public testimony, the Commission closed the public hearing and passed a motion of 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.

SPEAKERS: None

ACTION: Approved

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

MOTION: 17874

G. REGULAR CALENDAR

(S. DENNIS PHILLIPS (415) 558-6314)

11. RECREATION AND OPEN SPACE ELEMENT UPDATE - Informational presentation of the draft for public review of the Recreation and Open Space Element of the City's General Plan. The Planning Department, the Mayor's Office of Greening and the Recreation and Parks Department have been working with the Mayor's Open Space Task Force and the community at large to develop a comprehensive framework for the future of open space in San Francisco. A major component of this framework is an update to the Recreation and Open Space Element (lasted updated in 1986), which provides the goals, objectives, and policies that will guide open space development, acquisition, preservation and priorities for the City over the next 25 years. This presentation will introduce the major themes of the update to aid in Commissioner and public review; subsequent hearings will be scheduled for further discussion and revisions to the draft through the summer and fall. No action is required at this time.

PRESENTERS: Sarah Dennis-Phillips and Isabel Wade

SPEAKERS: Mason Gribsby, Ernestine Weiss Peter Braston, Bill Schwartz, Sue Contreras in Favor of Project, Phil Ryan, opposed to Project,

ACTION: Informational only – no action by the commission

12. 2007.0584C (E. Watty: (415) 558-6620)

2298 MARKET STREET - northeast corner at Noe Street; Lot 015 in Assessor's Block 3560 - Report on Compliance with Conditions of Approval, pursuant to the Conditions of Approval imposed under Motion No. 17518, in relation to the authorization for extended hours of operation and  other entertainment for the existing large fast-food restaurant, dba Café Flore. The Department will present a report regarding compliance with those Conditions of Approval and ask the Commission to consider extending the permissible hours of operation for the outdoor patio area, as provided under Condition No. 9 of Motion No. 17518. The Subject Property is located in the Upper Market Transit Oriented Neighborhood Commercial District and 50-X Height and Bulk District.

Preliminary Recommendation: Find the Use in Compliance with the Conditions of Approval.

SPEAKERS: Steve Jamiro, Dennis Richards, Joseph Capley-Alfaro

ACTION: Informational report – no commission action

13. (E. WATTY: (415) 558-6620)

The Health Commission is seeking comments from the Planning Commission regarding the information that they would find useful for the Health Planner's review of CPMC's IMP. Alicia Neumann from the Health Department will provide a presentation.

PRESENTER: Alicia Neumann, Health Department

SPEAKERS: Judy Li, Charlene Clemens, Maria Vincente-Puletti, Suzanne Fowler Palmer, Geoffrey Nelson, Anni Chung, Rosario Anaya, John Galenski, Paul Wermer. Gilliam Gillett, Coleen Wermer in favor of Project, Pierre Gasztowtt, Nato Green, Kevin Kitchnum, Jason Freed, Opposed project.

ACTION: Public hearing to receive commission comments – no commission action

14a. 2007.1464EKXCV (A. HOLLISTER: (415) 575-9078)

1036 MISSION STREET - north side between Sixth and Seventh Streets, a through-lot to Jessie Street - Review under Planning Code Section 309 of new construction of a nine- to 13-story, 120-foot-tall, mixed-use building containing approximately 100 all-affordable dwelling units, ground floor retail space, common community space and no off-street parking spaces, requiring the granting of exceptions for rear-yard area, building bulk, freight loading and height limits for vertical extensions on Lots 079 & 080 in Assessor's Block 3703, in a C-3-G (Downtown General Commercial) District and a 120-F Height and Bulk District.

(Continued from Regular Meeting of May 7, 2009)

SPEAKERS: Don Falcken, Project Sponsor, Ann Turny, Raymond Smith, Tim Caldwell, in favor of project

ACTION: Approved with staff recommended modifications and a commission modification to extend the entitlement period from 3 to 5 years

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

MOTION: 17875

14b. 2007.1464EKXCV (A. HOLLISTER: (415) 575-9078)

1036 MISSION STREET - north side between Sixth and Seventh Streets, a through-lot to Jessie Street - Request for authorization of Conditional Use pursuant to Planning Code Section 124(f) for additional floor area (up to an FAR of 7.7:1) above the base FAR of 6.0:1 of floor area to be devoted to affordable housing in conjunction with the construction of a nine- to 13-story, 120-foot-tall, mixed-use building containing approximately 100 all-affordable dwelling units, ground floor retail space, common community space and no off-street parking spaces, Lots 079 & 080 in Assessor's Block 3703, in a C-3-G (Downtown General Commercial) District and a 120-F Height and Bulk District.

(Continued from Regular Meeting of May 7, 2009)

SPEAKERS: Same as those listed for item 14a.

ACTION: Approved with staff recommended modifications and a commission modification to extend the entitlement period from 3 to 5 years

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

MOTION: 17876

14c. 2007.1464EKXCV (A. HOLLISTER: (415) 575-9078)

1036 MISSION STREET - north side between Sixth and Seventh Streets, a through-lot to Jessie Street - Request for Variance of the dwelling-unit-exposure standards (Planning Code Section 140), usable open space standards (Planning Code Section 135) and standards for a vertical projection over a public right-of-way in conjunction with the construction of a mixed use building containing approximately 100 all affordable dwelling units, ground floor retail space, common community space and no off-street parking spaces on Lots 079 & 080 in Assessor's Block 3703, in a C-3-G (Downtown General Commercial) District and a 120-F Height and Bulk District.

(Continued from Regular Meeting of May 7, 2009)

SPEAKERS: Same as those listed for item 14a

ACTION: Zoning Administrator closed the public hearing and granted the variance subject to the standard conditions of approval

15. 2008.0194C (S. LAI: (415) 575-9087)

4092-4096 18TH STREET (a.k.a. 499 Castro Street) - northeast corner of Castro Street and 18th Street; on Lot 057 in Assessor's Block 3582 - Request for Conditional Use authorization under Planning Code Sections 715.49 and 303, to establish a financial service, retail bank, (DBA  Chase ), within the Castro (Neighborhood Commercial District) and a 65-B Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

SPEAKERS: Supervisor Bevan Duffy, Ron Chester, representing project sponsor, Mike Dotterwich, Leon Portelance, Lee Julien, Joseph Kasarda, Paul Boneberg, Unichelle Laygui, in support of project, David Troupe, Demian Quesnel, Dennis Richards, Gary Weiss, Scott Wiener, Judith Hoygm, Philip Berg, Adrian Simi,opposed project.

ACTION: Disapproved

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

MOTION: 17877

16a. 2007.1121XV (B. FU: (415) 558- 6613)

430 Main Street/ 429 Beale Street - north to south through lot between Main and Beale Streets, and between Harrison Street to the west and Bryant Street to the east; Lots 305 & 306 in Assessor's Block 3767 - Request under Planning Code Sections 309.1, 825, and 827 for determinations of compliance and exceptions for dwelling unit exposure. The subject property is located within the RH DTR (Rincon Hill Downtown Residential Mixed Use) District with an 84-X Height and Bulk Designation. The project proposal is to construct a new eight-story, 84-foot building consisting of up to 113 dwelling units over a below-grade parking structure for up to 57 spaces. The project also requires a Variance for open space, to be heard and considered by the Zoning Administrator at the same hearing.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of April 9, 2009)

NOTE: On April 9, 2009, following public testimony, the commission continued this item and item 16b to May 14, 2009 with instructions to the project sponsor to engage in community outreach and work with Department staff and the neighbors on design and the concerns of the neighbors. Public hearing remains open.

SPEAKERS: Christopher Zupsic, Property Owner, Alex Lantsberg, Steve Schottenfel, Manny Flores, San Singer, Robert Vickers, Tish Layton, Mike Theriault, Tim Colen, Bill Kalff, Bill Groth, Mike Scribner, Ed Mayfield, David Murphy, Michael Dean, Chester Chin, Patrick aranda, Tood Swartz, Jeff Madden, John McKernan, Gerard Blum, Adrian Simi, Joel Koppel, Garth Davis, Ken Cochrane, Patricia Lynch, in favor of project; Jim Wallen, John Weatherwax, Jack Kleytman, Toby Lovello, Johan Majoor, Robert D. Williams, Cynthia Reginato, Glodine K. Williams, Tood Temple, Mort Weisberg, Dennis Lederman, Karthy Turnquist, Sue Hestor, Derlin Gardella, Linda Assalino, Michael Barkely, Tina S. King, Joseph Ku, Cynthia Montes, Gustavo Leao, Regina Alava,David Kellis, Dane Ince, Boren Chertkov, Karen Roosa, Ann Bailey, Jamie Whitaker, Cecilia Lim, Don Tiefenbrunn, Bret Fields, Dominic Sarica, Opposed to project

ACTION: Approved with modified findings and conditions: Finding 13: The project submitted to the Planning Department and the Planning Commission referenced a rental project that is also affordable by design. The project sponsor testified at the hearing that the Project would be a rental project; Condition 4: The project sponsor shall continue to work with Planning Department staff on the details of the design of the project, specifically the south facing façade; Impact Fees, #20: The project shall comply with the provisions of Planning Code Section 318, including payment of the Rincon Hill Community Infrastructure Impact Fee or execution of a Waiver Agreement with the Planning Department prior to issuance of the first site or building permit, and payment of the SOMA Community Stabilization Fee as required by Planning Code Section 318. If Ordinance No. 090477, introduced at the Board of Supervisors on April 21, 2009, or any ordinance pertaining to the timing of SoMa Stabilization Fee payment, is approved by the Board of Supervisors, the SoMa Stabilization Fee shall be paid within the time specified in Section 318.3, as amended by that ordinance; Performance, #21: The project shall remain rental housing for 20 years. Notice shall be given to the City if there is to be any sale of any unit. If a unit is to be sold prior to the expiration of the 20-year period, there shall be a hearing in front of the Planning Commission. Project sponsor shall submit to the Planning Department every five years a report on the status of each unit (whether rental or ownership).

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

NAYES: Antonini

MOTION: 17878

16b. 2007.1121XV (B. FU: (415) 558- 6613)

430 Main Street / 429 Beale Street - north to south through lot between Main and Beale Streets, and between Harrison Street to the west and Bryant Street to the east; Lots 305 & 306 in Assessor's Block 3767 - Variance request to allow reduction of the required open space per Planning Code Sections 135 and 827, for the proposed construction of a new eight-story, 84-foot building consisting of up to 113 dwelling units over a below-grade parking structure for up to 57 spaces within the RH DTR (Rincon Hill Downtown Residential Mixed Use) District with an 84-X Height and Bulk Designation.

(Continued from Regular Meeting of April 9, 2009)

NOTE: On April 9, 2009, following public testimony, the commission continued this item and item 12a to May 14, 2009 with instructions to the project sponsor to engage in community outreach and work with Department staff and the neighbors on design and the concerns of the neighbors. Public hearing remains open.

SPEAKERS: Same as those listed for item 16a

ACTION: Zoning Administrator closed public hearing and granted the variance request.

17. 2007.0128E (L. KIENKER: (415) 575-9036)

2901 CALIFORNIA STREET - southwest corner of California and Broderick Streets, Lots 095 and 003, 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.

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

(Continued from Regular Meeting of April 23, 2009)

SPEAKERS: None

ACTION: Approved certification of the Final EIR

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

NAYES: Sugaya

MOTION: 17879

18a. 2007.0128CV (A. STARR: (415) 575-6810)

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, 1999 (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.

Preliminary Recommendation: Approval with conditions

(Continued from Regular Meeting of April 23, 2009)

SPEAKERS: Boris Strama, Barney Fisher, Tim Kelley, John MGee, Jaime Peraza, Phil Stone, Megan Timpare, Peter Jardine, Pat Forte, Casey Ryan, Alecia Elliott, Mimshi Fukuda, Jerry Sapiro, David Tessler, Davra Tessler, Fred Island, Caysee Ryan, Cynthia Silverstein, Shannon Potter, Mary Murphy, Mark McNamara, Steve Williams, in favor of project; Ian Berke, Carol Barownson, Mike Theriault, Paul Wermer, Jan Bolaffi, Jack Gold, Michael Steinberg, opposed to project,

ACTION: Approved

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

MOTION: 17880

18b. 2007.0128CV (A. STARR: (415) 575-6810)

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 and permitted obstruction requirements pursuant to Sections 134 and 136(d)(2) of the Planning Code, to allow the proposed building expansion to be located within the required rear yard and to construct a bay window projecting over the sidewalk that does not conform to the size limitations outlined in the Planning Code. The Zoning Administrator will consider the request following the Planning Commission's consideration of the Conditional Use authorization.

(Continued from Regular Meeting of April 23, 2009)

SPEAKERS: Same as those listed for item 18a

ACTION: Zoning Administrator closed public hearing and granted the variances

19. 2008.0327D (A. PUTRA: (415) 575-9079)

2012 14th AVENUE - east side between Radio Terrace and Quintara Street; Lot 001 in Assessor's Block 2133A - Request for Discretionary Review of Building Permit Application No. 2008.01.09.2158, proposing construction of a two-story addition at the rear of an existing two-story over garage level, single-family house 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 as proposed.

SPEAKERS: Tom Trombadore, representing DR requestor, requested continuance under Category A – Items Proposed for Continuance. Mr. Rigo Santos, Structural Engineer for the Project Sponsor spoke against the continuance under Category A. Mr. Santos – Representing the project sponsor also spoke at the call of the item describing the project.

ACTION: The Commission did not take discretionary review and approved this project as proposed.

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

ABSENT: Lee

DRA: 0081

20a. 2008.1257DV (S. VELLVE: (415) 558-6283)

464 HICKORY STREET - north side between Buchanan and Laguna Streets; Lot 022A in Assessor's Block 0830 - Request for Discretionary Review of Building Permit Application No. 2008.09.26.2732, proposing to legalize a second dwelling unit constructed without the benefit of permits on the ground floor of the existing single-family dwelling within an RTO (Residential, Transit Oriented) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and disapprove the project.

SPEAKERS: Keith Potter, DR requestor, David Pack, Property Owner, Julian Gonzalez, Bill Worsher in support of project, Richard Couch, Andrew Price, Oakley Stevens, Harvey Hacker, opposed to project.

ACTION: Following public testimony, President Miguel continued this item to the call of the Chair

20b. 2008.1257DV (S. VELLVE: (415) 558-6283)

464 HICKORY STREET - north side between Buchanan and Laguna Streets; Lot 022A in Assessor's Block 0830 - Request for Variance of the open space (Planning Code Section 135) and dwelling unit exposure standards (Planning Code Section 140) in conjunction with the legalization of a second dwelling unit pursuant to Building Permit Application No. 2008.09.26.2732 within in an RTO (Residential, Transit Oriented) District

SPEAKERS: Same as those listed for item 20a.

ACTION: Following public testimony, Zoning Administrator Badiner continued this item to the call of the Zoning Administrator

21a. 2009.0227TU (E. Forbes: (415) 558-6417)

DISCRETIONARY REVIEW REFORM: COMMISSION POLICIES AND PROCEDURES - Consideration of adoption of policies and procedures to reform discretionary review, including implementation of an improved and standardized pre-application process, improved public information access, a more consistent and predictable design review process, a definition and application of "exceptional and extraordinary circumstances", renaming the "Residential Design Guidelines" to "Residential Design Standards," allowing requests for Planning Department reconsideration of Residential Design Standards application, and a defined timeline for the processing of discretionary review applications.

Preliminary Recommendation: Adoption

NOTE: On April 2, 2009, following public testimony, the Commission passed a motion to continue the item to the call of the chair

SPEAKERS: During category A - Items Proposed for Continuance - Hiroshi Fakuda and Marilyn Amini requested continuance and indicated that the items had not been properly noticed.

ACTION: Without hearing, continued to June 18, 2009

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

21b. 2009.0227TU (E. Forbes: (415) 558-6417)

DISCRETIONARY REVIEW REFORM: AMENDMENTS TO PLANNING CODE SECTIONS 311 AND 312 - an Ordinance to amend Planning Code Sections 311, 312, 352 and 355, to state that a request for discretionary review will be heard by the Planning Commission or its designee, if the application demonstrates exceptional and extraordinary circumstances, to change all Planning Code references of the "residential design guidelines" to "residential design standards," to enjoin project sponsors from requesting discretionary review on their own projects , to amend Planning Code Section 352 to clarify that Mandatory Discretionary Reviews includes Planning Department initiated reviews, and to amend Planning Code Section 355 to allow for the collection and refund of fees associated with Planning Department reconsideration of Residential Design Standards application, and to adopt environmental and Planning Code Section 302 findings.

Preliminary Recommendation: Recommend adoption to the Board of Supervisors

NOTE: On April 2, 2009, following public testimony, the Commission adopted a resolution of intent to initiate Code amendments for hearing on May 14, 2009.

SPEAKERS: Same as those listed for item 21a

ACTION: Without hearing, continued to June 18, 2009

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

H. 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))

There were no speakers

Adjournment (in memory of Brian O'Neil): 11:34 p.m.

ADOPTED: June 11, 2009

Last updated: 11/17/2009 10:00:38 PM