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City and County of San Francisco

June 18, 2009

June 18, 2009

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, June 18, 2009

1:30 PM

Regular Meeting

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

COMMISSIONERS ABSENT: Lee

THE MEETING WAS CALLED TO ORDER BY PRESIDENT MIGUEL AT 1: 38 P.M.

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Craig Nikitas – Acting Zoning Administrator and Larry Badiner – Zoning Administrator, AnMarie Rodgers, Brittany Bendix, Tim Frye, Kevin Guy, Rosemary Dudley, Aaron Starr, Ericka Jackson, Glenn Cabreros, Corey Teague, Sarah Dennis-Philips, Kearstin Dischinger, Elaine Forbes, Elizabeth Watty, 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. 2006.0430E (J. RANGE: (415) 575-9018)

870 Harrison Street - north side of Harrison Street between 4th and 5th Streets; Lot 019 of Assessor's Block 3752 - Appeal of Preliminary Mitigated Negative Declaration for the proposed demolition of an existing vacant industrial building and construction of a 65-foot tall mixed use Production Distribution and Repair (PDR) and residential building. The approximately 26,385 square foot (sf) building would include either 4,050 sf of ground floor PDR space or 2,560 sf of ground floor PDR space to accommodate a 25 percent at grade rear yard. The project would also include 26 dwelling units, with a total of 16 parking spaces. The project is located within the West South of Market neighborhood and is within a Residential/ Service District (RSD) and a 40-X/85-B height and bulk district.

Preliminary Recommendation: Uphold Preliminary Negative Declaration

APPEAL OF PRELIMINARY MITIGATED NEGATIVE DECLARATION WITHDRAWN

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

2. 2009.0057C: (C. JAROSLAWSKY (415) 558-6348)

5735 Mission Street - southeast side of Mission Street, between Whittier and Oliver Streets, Block 6473, Lot 040 - Request for Conditional Use Authorization under Planning Code Sections 303, 711.21 and 711.81 to install a Residential Care Facility, to house 40 persons, providing lodging, board, and 24-hour care with no outpatient care. The property is located within the NC-2 (Small-Scale Neighborhood Commercial) and within the 40-X height and bulk District of San Francisco.

Preliminary Recommendation: Approval with Conditions.

SPEAKERS: None

ACTION: Approved

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

ABSENT: Lee

MOTION: 17903

3. 2009.0326C (E. Watty: (415) 558-6620)

999 BROTHERHOOD WAY - south side between Lake Merced and Junipero Serra Boulevards; Lot 016 in Assessor's Block 7380 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.3(f) and 303, to allow a child-care facility that would provide less than 24-hour care by licensed personnel for 13 or more children. The facility is located at the site of the Holy Trinity Greek Orthodox Church, which was previously occupied by an elementary school, as defined under Planning Code Section 209.3(g). The site is within an RH-1 (D) (Residential House - One-Family, Detached) District, Coastal Zone, and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions.

SPEAKERS: None

ACTION: Approved

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

ABSENT: Lee

MOTION: 17904

C. 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.

4. Consideration of Adoption:

  • Draft Minutes of Regular Meeting of June 4, 2009.

SPEAKERS: None

ACTION: Approved

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

ABSENT: Lee

5. 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 happened to visit a dental lab that relocated their business on Bryant Street. They bought the property there. That is both good news and bad news. The good news is that they displaced a dotcom, and the bad news is that it's Match.com and they are in Huston now. The dental lab was happy to get that but they commented regarding Match.com leaving San Francisco that the extraordinary fees and costs forced them, and that if they could do the same thing they would think about relocating, but unfortunately they have a base of dentists that they have to be close to. The bottom line is you have to be cognizant of & This is a good subject for maybe the Grand Jury that what we do extraordinarily in San Francisco that makes this such an expensive place to do business that we have to raise extraordinary fees and licenses and then of course people move and there is less revenue coming in and we don't have the money to meet the expenses that we want to provide. The other think is that I happened to walk by 901 Bush – they are condos and are almost all sold. Either because of the circumstances surrounding this or the economy, they had all of these condo units, without parking I might add which results in lower prices, ranged from the low 300s to nothing beyond $400,000 with the exception of one unit. I was thinking that if we had more of these, we would have more opportunity of low income housing to be purchased. It goes along with a thought I had some months ago that perhaps having some sort of trade off where an owner of a property could put some of their market rate units for rent under rent control in return for some conversions of condo properties. It's something we have to look at and think creatively about ways to renovate buildings that are very expensive to renovate and also keep the stock of rent controlled housing in place.

Commissioner Olague:

At some point I'd like to know what the status of Bryant Square Project. I understand that it has changed and I believe there were certain agreements the project sponsor had made with the community.

Commissioner Miguel:

In the past week I met with people from Natoma Street and Grenard Terrace. I also attended the meeting of the Japantown Task Force and have been interfacing with many of the individuals who are involved with that project. I had been asked and participated by leading one of the sections of a joint full morning meeting with SPUR, the Planning Department, and the Neighborhood Parks Council regarding the Recreation and Open Space Element of the General Plan. I also participated in a panel on housing, particularly affordable housing, with an expanded group from the CORO Foundation.

Commissioner Borden:

I had the pleasure of participating in something called Urbiadventure (?) It is very new, an adventure that a couple works in the Presidio who does nature tours there. It's designing nature tours for different neighborhoods of the city to get kids in touch with the nature directly in communities. The first four started at the 15th and Moraga stairs and took you around the nature in that area. I thought it was a really great new endeavor of taking people and families around different parts of the city and to appreciate the nature that lives within them. I thought it was a great way to introduce us to more aspects of the city – looking at the natural environment and not just the built one.

D. DIRECTOR'S REPORT

6. Director's Announcements

Director Rahaim:

I just wanted to give you an update on the Department's Action Plan, which is the package of reforms and our procedures. We had an advisory committee meeting this week and we had a very interesting discussion about two of the proposed items on our Action Plan. One is a pre-application process that we are proposing that would provide early initial feedback in a very short timeframe to project sponsors – getting all divisions of the Department together to review a project and provide initial feedback. This is a process that we think will save time and money in the long run over the life of a project. The second thing we talked about is our proposed reforming and revising of our internal design review procedures similar to the pre-ap. The idea is that there will be an early design read on projects so that we would be able to give early design feedback to sponsors. Both of those generated some interesting discussion, but I think ultimately the advisory committee was supportive of the direction. We are going to continue to revise it and we will be giving you an update on the overall Action Plan in the next few weeks.

Acting Zoning Administrator Nikitas:

The Board of Appeals did meet yesterday but there were no cases that had been before this commission so I have nothing to report now.

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

BOARD OF SUPERVISORS:

Land Use:

  • Appendix K to Article 10, Bush Street-Cottage Row Historic District (approved to Full Board)
  • Tobacco Paraphernalia - Establish a new definition of tobacco paraphernalia in the Haight Street NCD and in the newly created Lower Haight Street Tobacco RUD (approved to Full Board)
  • Philanthropic Administrative Service Use; Zoning Map Amendment (amended & continued to allow for public notice)
  • 3pm Special- Landmark Designation of the Metro Theatre at 2055 Union Street (continued to consider interior)

FULL BOARD:

  • Union Neighborhood Commercial NCD to allow up to 12 new small self-service restaurant or specialty food uses subject to CU (passed on final reading)
  • Amendment to Building Code to require amended Certificates of Final Completion and Occupancy for changes of occupancy in existing buildings. The Commission's amendments have been incorporated into the ordinance (passed on final reading)
  • New Controls for Massage Establishments (passed 1st reading)

HISTORIC PRESERVATION COMMISSION:

  • Articles 10 & 11 – a composite of both the HPC and Planning Commission amendments
  • Review of the draft letter for 1268 Lombard Street – more changes were brought forward and another draft will be back before them on 7/15/09
  • Informational presentation on the Branch Library Improvement Program
  • C of A for 3150 Sacramento Street – a library that included patching the terra cotta columns. This was passed requiring a maintenance plan for the terra cotta patch work.
  • HPC Committee met to hear the Japantown Better Neighborhood Plan. Only two of the three members of the Committee were able to stay long enough to express their concerns (Damkroger and Martinez). The recommendation of the HPC Commission to the Planning Commission is that the Planning Commission not endorse the Plan yet. They expressed that while endorsement is not adoption, it is a strong indication of support. They were very supportive of the process, but do not believe the Plan is ready for endorsement at this time.

8. (B. BENDIX: (415) 575-9089)

1250 MISSOURI STREET - Informational presentation on the status of the project.

(Continued from Regular Meeting of June 4, 2009)

SPEAKERS: Dick Millet, Sue Hestor

ACTION: Informational only – no action

9. (T. FRYE: (415) 575-6822)

1 KEARNY STREET– PUBLIC ART

Informational presentation regarding the proposed public art component associated with Case No. 2004.0165EMZHX

SPEAKERS: Charles Bloszies – Project Architect; Fred Scott – Artist

ACTION: Informational only – no action

(K. Guy: (415) 558-6163)

*Informational presentation - The developer of the Foundry Square project (located at First and Howard Streets) will be presenting a "Plaza Activation Report.", describing how the existing and proposed plazas for each phase of the project will be further activated and enlivened."

*From Addendum

SPEAKERS: Tom Sullivan - project sponsor

ACTION: Informational only – no 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:

Eula Walters

RE: Ferry Park

Sue Hestor

RE: A correction in Eastern Neighborhoods – protection for notices in areas south of Market

Paul Wermer

RE: Data in Institutional Master Plans

Francisco Da Costa

RE: Discretionary Review Reform

  1. REGULAR CALENDAR

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

JAPANTOWN BETTER NEIGHBORHOOD PLAN - Second of Two Informational Presentations on the Draft Japantown Better Neighborhood Plan. This two year community planning process has resulted in a draft plan that is seeking endorsement by the Commission on June 25th. The two informal presentations will be organized by topics. The first presentation provided an overview of the planning process and focused on the Draft Plan's recommendations for community and economic development and community heritage. This presentation will focus on recommendations for land use, built form, public realm and additional matters as requested by the Commission.

Preliminary Recommendation: No action required.

(Continued from Regular Meeting of June 4, 2009)

SPEAKERS: Sandy Mori, Rosalyn Tonai, Tak Matsuba, Ruby Hata, Bette Landis, Paul Wermer, Richard Hashimoto, Bob Hamaguchi, Tuikja Catalano, Karen Kai, Ken Maeshiro, Jon Oaski, Jeffrey Chu, Courtney Okuhara, Emily Mitra, Paul Osaki, Steve Nakaso, Sally Osaki, Caryl Ito, Nancy Gribler, Walt Roseberry, In favor of project. Madlyn Stern, Ted Weber, Geoff Scammell, Irwing Solomon, Irene Ng, Pat Morrigan, Hilde Orloff, Abe Henselyn, Gladys Wayman, Marlayne Morgan, Melinda Lavelle, Pierre Gastant, Bernie Choden, Ian Berke, Marilyn Amini, Opposed to project. Alice Kawahatson, Carol Bronwson, Ali Kagawa, Joy Iwasa, Neutral.

ACTION: Informational only – no action

11a. 2008.0788CV (A. Starr: (415) 558-6362)

50-52 GRENARD TERRACE - located in the middle of the block bounded by Van Ness Avenue, Lombard Street, Polk Street and Greenwich Street, Lot 009, in Assessor's Block 0502 - Request for Conditional Use Authorization under Planning Code Sections 253, 303 and 317 to construct a building higher than 40' in height and to demolish the two-unit, two-story over garage building with four bedrooms, and to construct a two-unit, three-story over garage with penthouse building with 5 bedrooms in a RH-3 (Residential, House, Three-Family) District and a 65-A Height and Bulk District.

Preliminary Recommendation: Disapprove

(Continued from Regular Meeting of June 4, 2009

SPEAKERS: None

ACTION: Without hearing, continued to July 9, 2009

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

ABSENT: Lee

11b. 2008.0788CV (A. Starr: (415) 558-6362)

50-52 GRENARD TERRACE - located in the middle of the block bounded by Van Ness Avenue, Lombard Street, Polk Street and Greenwich Street, Lot 009, in Assessor's Block 0502 - Request for Variances from the front setback and rear yard requirements pursuant to Sections 132 and 134 of the Planning Code, to allow the proposed building to be located within the required 6' front setback and to be located within the required 15' rear yard setback within an RH-3 (Residential, House, Three-Family) District and a 65-A Height and Bulk District.

(Continued from Regular Meeting of June 4, 2009)

SPEAKERS: None

ACTION: Without hearing, continued to July 9, 2009

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

ABSENT: Lee

12a. 2006.0430CVK (E. JACKSON: (415) 558-6363)

870 Harrison Street - northwest side, between 4th and 5th Streets, Lot 019 in Assessor's Block 3752 Request for Conditional Use (CU) Authorization under Planning Code Sections 157, 263.11(a), 263.11(b)(2), 303, and 815.26 to demolish an existing vacant two-story industrial building and construct a six-story, 65-foot-tall mixed-use building containing up 26 dwelling units and Production Distribution and Repair (PDR) space, and a Residential Community Parking Garage. The proposed project is located within San Francisco's South of Market Area (SoMa) and within the West SoMa Planning Area. The project site is within the Residential Service District (RSD), a 40-X/85-B Height and Bulk District, and the Youth and Family Special Use District.

SPEAKERS: Alex Lanberg, Rachel Turner, Gary Freiks, Chris (unclear last name), In favor of project. Sue Hestor, Skot Kuiper, Opposed to project.

ACTION: Approved as amended to require eight 2-bedroom units and four of those units are to be BMR and distributed throughout the building; 13 parking spaces with two car share spaces; and amended Section 12 – General Plan Compliance Findings as proposed by staff (under Housing delete first paragraph on pg. 10; under  Objectives and Policies – 2004 Housing Element; delete Objective 11 on pg. 11; delete all Objectives and Policies – 1990 Residence Element and text below on pages 12-14.)

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

ABSENT: Lee and Olague

MOTION: 17906

12b. 2006.0430CV: (E. JACKSON: (415) 558-6363)

870 Harrison Street - northwest side, between 4th and 5th Streets, Lot 019 in Assessor's Block 3752 Request for determination of shadow impacts and exception under Planning Code Sections 147, 263.11(b)(1), and 307 to demolish an existing vacant two-story industrial building and construct a six-story, 65-foot-tall mixed-use building containing up 26 dwelling units and Production Distribution and Repair (PDR) space, and a Residential Community Parking Garage. The Zoning Administrator will make a determination on the shadow impact of the new construction in accordance with the provisions of Planning Code Section 307. The proposed project is located within San Francisco's South of Market Area (SoMa) and within the West SoMa planning area. The project site is within the Residential Service District (RSD), a 40-X/85-B Height and Bulk District, and the Youth and Family Special Use District.

NOTE: Prior to hearing, the Acting Zoning Administrator noted that the variance was not necessary and was withdrawn

13. 2009.0230D (C. LAMORENA: (415) 575-9085)

138-25th AVENUE - ease side between El Camino Del Mar and Lake Street; Lot 024 in Assessor's Block 1334 - Request for Discretionary Review of Building Permit Application No. 2008.07.08.6192, proposing to construct a ground level addition and 1st story infill addition at the rear of the two-story over garage, single-family dwelling in a RH-1 (Residential House, Single-Family) Zoning District and a 40-X Height and Bulk District.

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

SPEAKERS: Chirs McCloud, Patricia Douglas, Jonathan Lindeke, Justin W. McNeil - DR requestor.

ACTION: The Commission did not take discretionary review and approved the project

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

ABSENT: Lee and Olague

DRA: 0091

14. 2009.0337D (C. TEAGUE: (415) 575-9081)

574 NATOMA STREET – north side, between Russ and 7th Streets, Lot 075 of Assessor's Block 3726 - Request for Discretionary Review of Building Permit Application No. 2008.09.25.2702, proposing to construct a four-story residential building containing 11 Single Room Occupancy (SRO) units in a RED (Residential Enclave District) Zoning District and 45-X Height and Bulk District.

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

(Continued from Regular Meeting of June 11, 2009)

SPEAKERS: Sue Hestor - representing DR requestor, Mary Degrese, Chris Durazo, Angelica Cavanden, Charles Stewart, Jezzie Collins

ACTION: The Commission took discretionary review and approved the project requiring six (6) bicycle parking spaces as offered by the Project Sponsor

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

ABSENT: Lee and Olague

DRA: 0092

15. (S.DENNIS: (415) 558-6251/K.DISCHINGER: 558-6284)

HOUSING ELEMENT UPDATE - Informational Presentation for the 2009 Update of the Housing Element - The presentation will include an introduction to Part 2 of the Housing Element, the General Plan policy section, which consists of Objectives and Policies to address the City's housing needs, as well as Implementation Programs for each policy. A preliminary draft of Part 2 of the Housing Element is expected to be released on June 18th, 2009.

SPEAKERS: None

ACTION: Informational only – no action

7:00 P.M.

16a. 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

(Continued from Regular Meeting of May 14, 2009)

SPEAKERS: Hiroshi Fukuda, Jose Acayan, David Enrlich, Judith Hoyem, Paul Wermer, Marilyn Amini, Dick Millet, Ellen Kernaguan, Gerry Crowley, Stephen Halpern, Penelope Clark

ACTION: Approved as amended: Further be it resolved, within 24 months after the effective date of the DR Reform legislation, the Planning Department shall present a report to the Board of Supervisors about the results of the DR Reform trial period. At that time, the Board may choose to introduce legislation to repeal or change the DR Reform legislation, or take no action should they feel that the Reform has been successful during the 24 month trial period. This Report shall be subsequent to and shall include a summary of a hearing before the Planning Commission on the same topic.

AYES: Miguel, Antonini, Borden, and Sugaya

NAYES: Moore

ABSENT: Lee and Olague

RESOLUTION: 17907

16b. 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.

(Continued from Regular Meeting of May 14, 2009)

SPEAKERS: Same as those listed for item 16a.

ACTION: Approved

AYES: Miguel, Antonini, Borden, and Sugaya

NAYES: Moore

ABSENT: Lee and Olague

RESOLUTION: 17908

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))

SSPEAKERS: None

Adjournment: 11:14 p.m.

ADOPTED: July 9, 2009

Last updated: 11/17/2009 10:00:39 PM