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City and County of San Francisco

October 22, 2009

october 22, 2009

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, October 22, 2009

1:30 PM

Regular Meeting

THE MEETING WAS CALLED TO ORDER BY PRESIDENT MIGUEL AT 1:32 P.M.

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Larry Badiner – Zoning Administrator, Tom Wang, Bill Wycko, Mary Woods, Elizabeth Watty, Pilar LaValley, Tara Sullivan, Kearstin Dischinger, Moses Corrette, David Alumbaugh, Adam Varat, Shelley Caltagirone, Glenn Cabreros, Sharon Young, Edgar Oropeza, 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. 2009.0262T (a. rodgers: (415) 558-6395)

Zoning - Providing for a Five FOOt Special Height Exception for Active Ground Floor Uses in NC-1 Designated Parcels Along Randolph and Broad Streets, from 19th Avenue to San Jose Avenue. [Board File No. 09-0319]. Ordinance introduced by Supervisor Avalos amending San Francisco Planning Code by amending Section 263.20 to provide for a special height exception for ground floor uses in NC-1 designated parcels along Randolph and Broad Streets, from 19th Avenue to San Jose Avenue; amending Section 710.1, to refer to this special height exception; adopting findings, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1. The Planning Commission will also consider the Supervisor's request to extend this legislation to provide the same five feet special height exception for all NC-1 designated parcels within the boundaries of Sargent Street to Orizaba Avenue to Lobos Street to Plymouth Avenue to Farallones Street to San Jose Avenue to Alemany Boulevard to 19th Avenue to Randolph Street to Monticello Street and back to Sargent Street.

Preliminary Recommendation: Approval

(Proposed for Continuance to November 5, 2009)

SPEAKERS: None

ACTION: Continued as proposed

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

2. 2008.0197CEX (A. CONTRERAS: (415) 575-9044)

942 MISSION STREET - north side of Mission Street, between Fifth and Sixth Streets, Lot 15 in Assessor's Block 3704 - Appeal of Preliminary Mitigated Negative Declaration for a project proposing the demolition of an existing two-story-over-basement office and commercial building, and construction of a 152-foot-tall, 15-story building containing approximately 3,240 square feet of ground-floor retail space, 4,025 square feet of ground floor circulation and building service space, and about 72,000 square feet of hotel space including 172 hotel rooms, with pedestrian access from Mission and Jessie Streets. No off-street parking or loading is proposed. The project is located in a C-3-G (Downtown General Commercial) Use District and a 160-F Height and Bulk District.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

(Continued from Regular Meeting of September 10, 2009)

(Proposed for Continuance to November 19, 2009)

SPEAKERS: None

ACTION: Continued as proposed

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

3a. 2008.0197CEX (J. MILLER: (415) 558-6344)

942 MISSION STREET - north side between Mint and Sixth Streets, a through-lot to Jessie Street - Review under Planning Code Section 309 of new construction of a 15-story HOTEL, approximately 79,000 gross square feet, with approximately 172 rooms, approximately 3,240 square feet of ground-floor retail space and approximately 152 feet in height, Lot 015 in Assessor's Block 3704, in a C-3-G (Downtown General Commercial) District and a 160-F Height and Bulk District.

(Continued from Regular Meeting of September 10, 2009)

(Proposed for Continuance to November 19, 2009)

SPEAKERS: None

ACTION: Continued as proposed

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

3b. 2008.0197CEX (J. MILLER: (415) 558-6344)

942 MISSION STREET - north side between Mint and Sixth Streets, a through-lot to Jessie Street - Request for Conditional Use Authorization pursuant to Planning Code Section 216(b)(i) for a new HOTEL with approximately 172 rooms, Lot 015 in Assessor's Block 3704, in a C-3-G (Downtown General Commercial) District and a 160-F Height and Bulk District.

(Continued from Regular Meeting of September 10, 2009)

(Proposed for Continuance to November 19, 2009)

SPEAKERS: None

ACTION: Continued as proposed

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

4. 2009.0696C (T. Wang: (415) 558-6335)

3690, 3692 18th STREET – on the north side of 18th Street between Dolores and Guerrero Streets; Lot 027 in Assessor's Block 3578 - Request for Conditional Use Authorization, pursuant to Sections 303, 710.69A and 790.93 of the Planning Code, to allow a Self-Service Specialty Food Establishment (Bi-Rite Creamery at 3692 18th Street) with an expansion into the adjacent vacant storefront at 3690 18th Street within the NC-1 (Neighborhood Commercial Cluster) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

SPEAKERS: None

ACTION: Approved

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

MOTION: 17965

C. 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: None

  1. REGULAR CALENDAR

5. (B. Wycko: (415) 575-9048)

BAYVIEW HUNTERS POINT TRANSPORTATION PLANNING - Informational Presentation on Transportation Planning for the Hunters Point and Bayview areas of the City: Proposed transit service enhancements and traffic circulation improvements.

Preliminary recommendation: informational; no action required

SPEAKERS: None

ACTION: There was no action. This was an informational presentation only

6. 2009.0720C (M. WOODS: (415) 558-6315)

1998 Union Street northeast corner of Buchanan and Union Streets; Lot 014 in Assessor's Block 0531 -- Request for Conditional Use Authorization to allow a new  Self-Service Specialty Food use (dba  Cultivé Frozen Yogurt ) pursuant to Sections 303(c) and 725.69A of the Planning Code, in the Union Street Neighborhood Commercial District and a 40-X Height and Bulk District. The proposal is to convert an approximately 1,300 square-foot vacant retail space (formerly  Jamba Juice ) to a frozen yogurt shop.

Preliminary Recommendation: Approval with Conditions

SPEAKERS: (+) Andrew Chung – Project Sponsor, (+) Michael Williams – Union Street NCD, (+) Mr. Columbini, (- project) Larry Coluso, (+) Nick Polsky, (+) Jeremy Blatters

ACTION: Approved

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

MOTION: 17966

7. 2009.0561C (E. Watty: (415) 558-6620)

3800 NORIEGA STREET - at the northwest corner of 45th Avenue; Lot 022 in Assessor's Block 2004 - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 303, 710.54, and 790.60, to allow a massage use (DBA Dong Yang Health Center) to operate within the NC-1 (Neighborhood Commercial, Cluster) District and 40-X Height and Bulk District.

Preliminary Recommendation: Disapproval

SPEAKERS: Ivan Woo – Project Sponsor (through interpreter), Tony Fang (through interpreter)

ACTION: Disapproved

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

MOTION: 17967

8. 2005.1076C (P. LaValley: (415) 575-9084)

3135 24th Street - south side of 24th Street between Shotwell and Folsom Streets, Lot 036 in Assessor's Block 6520 - Request for Conditional Use Authorization under Planning Code Sections 121.1, 134(a), 135, 140, 151.1, 175.6(e)(1), and 303 to construct a two-story vertical addition on an existing two-story former auto repair building resulting in a 4-story, 40-foot tall mixed-use development on a large lot. The project proposes up to 9 residential units, 1,675 square feet of ground floor commercial space, and up to 7 off street parking spaces. Pursuant to Planning Code Section 175.6(e)(1), the project is seeking approval as an Eastern Neighborhoods pipeline project, and the project is seeking relief from the requirements for rear yard, open space, and dwelling unit exposure. The property is within the 24th-Mission Neighborhood Commercial Transit (24th-Mission NCT) Zoning District and a 45-X Height and Bulk District.

Preliminary recommendation: Approvals with conditions

SPEAKERS: (+ project) Warren – Project Sponsor, (+ project) Yakuh Askew – Project Architect, (+ project w/ amendments) Dr. Jake Sinclair (requested that they seal the windows and plant vines or a vegetation barrier; the following speakers were in support of the project: Hector Garcia Gomez – Latino business Network, Mario West – Latin Business Network, Erick Arguello – 24th Street merchants, Rita Aluigr, Michael Nulty – Tenants Associations Coalition, Viael Abramoff, Elvin Martinez, Philip Lesser – Mission Merchants Association

ACTION: Approved as modified to enclose the windows on the south wall of the second floor; and to put in a vegetative fence

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

MOTION: 17968

9. 2008.0784T (T. SULLIVAN: (415) 558-6257)

Amendments relating to Planning Code Section 227(v) to amend the definition of a tobacco paraphernalia establishment and to amend Section 723 – Polk Street Neighborhood Commercial District to prohibit tobacco paraphernalia establishments [Board File No. 09-0962] - Ordinance introduced by Supervisor Chiu amending Planning Code Section 227(v) to lower the threshold for retail stores to be considered tobacco paraphernalia establishments from 15% of the square footage of the establishment to 10% of the occupied floor area, as defined in Section 102.10, or 10 linear feet of display area in total, whichever is less; amending Sections 790.123 and 890.123 to reflect this amended definition; amending 723.1 and the Table at Section 723 to make tobacco paraphernalia establishments, as defined, not permitted in the Polk Street Neighborhood Commercial District; amending Section 186.1 to change the period of non-use for a non-conforming tobacco paraphernalia establishment to be deemed discontinued in the Polk Street Neighborhood Commercial District from three years to eighteen months; making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval.

(Continued from Regular Meeting of October 8, 2009)

SPEAKERS: Chris Schulman was in support

ACTION: Following hearing, continued to 11/12/09 – the public hearing remains open

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

10. 2009.0707MZ (K. Dischinger: (415) 558-6284)

MARKET & OCTAVIA PLAN-LEVEL HISTORIC SURVEY INTEGRATION - Adopt Amendments to the Market and Octavia Area Plan of the General Plan and Zoning Map to integrate Market and Octavia Area Plan Level Historic Survey prepared by Page and Turnbull (Historic Survey) and make clarifications and technical amendments. Earlier this year the Planning Commission endorsed the Historic Survey with some modifications. Following this endorsement staff, in coordination with the community, developed recommendations, both General Plan and Zoning Map amendments, for, among other things, (1) the integration of these findings into the Market and Octavia Plan as required by the Planning Commission and Board of Supervisors at Plan approval, and (2) proposed height changes for parcels within the proposed Upper Market Historic District. Full documentation of the proposals can be found at: http://www.sfgov.org/site/planning_index.asp?id=25188.

a) 2009.0707MZ (K. Dischinger: (415) 558-6284)

ADOPTION OF A GENERAL PLAN AMENDMENT - Consideration of a resolution to adopt an amendment to the General Plan, including amending language and maps in the Market & Octavia Area Plan. The amendment would incorporate the changes needed to integrate the endorsed Market & Octavia Area Plan Level Historic Survey into the adopted Market & Octavia Area Plan. Area Plan Map and Policy changes are recommended to occur under Objective 3.2 of the Area Plan. These policy changes would remove language calling for the completion of an area plan level survey and would add district descriptions for identified and listed historic districts. It would also replace the existing Map 4 in the Market & Octavia Area Plan with 2 new maps, which outline the identified historic districts, indentified individual historic resources, and parcels eligible for future survey (and thus subject to continued interim controls).

Preliminary Recommendation: Approve the resolution amending the General Plan.

SPEAKERS: Peter Lewis – MDNA; (- amendment) Betty Levitin – DTNA; (- amendment) David Troup – Duboce Triangle Neighborhood Association; (- amendment) Curt Holzinger – DTNA; Ted Olsson; (- amendment) Peter Cohen – Duboce Triangle Neighborhood Association; (- amendment) Cynthia Servetnick – Save the Laguna Street Campus

ACTION: Approved as modified to accept the 10/13/09 proposed design standards with revisions by DTNA including change shall to should incorporate a combination of articulations, setbacks, fenestration/windows and material detailing to mitigate large expanses of blank wall& ;change Support to Pursue in Policy 3.2.10

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

RESOLUTION: 17969

b) 2009.0707MZ (K. Dischinger: (415) 558-6284)

ADOPTION OF A ZONING MAP AMENDMENT - Consideration of a resolution to adopt an amendment to the Zoning Map. The amendment consists of revisions to Height and Bulk Map HT07 of the Zoning Map of the City and County of San Francisco. This amendment would: 1)permit the height of parcels currently zoned 50/55 feet along Market between Church and Noe to be raised no higher than 60/65 feet and lowered to no less than 50/55 feet, 2) permit the height of parcels currently zoned 80/85 feet around the Church and Market intersection to be lowered to no less than 50/55 feet, and 3) lower the height of two parcels on the northwest corner of Guerrero Street and Duboce Avenue (Assessor Lot #'s 3501003 and 3501004) to 60/65 feet.

Preliminary Recommendation: Approve the resolution amending the Zoning Map.

SPEAKERS: Same as those listed for item 10a

ACTION: Approved as modified to add design principle about blank walls; make amendment to policy 3.2.10 per HPC suggestion; zone midblock non-contributing sites to 50/55 instead of 60/65; reduce heights from 80/85 to 50/55 and 60/65 on parcels at Market and church per HPC suggestion with the additional three (3) parcels as identified by Commissioner Moore's comments (Landers and 14th Streets)

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

RESOLUTION: 17970

11. (A. Varat: (415) 558-6405)

Better Streets Plan - The Better Streets Plan creates a unified set of standards, guidelines, and implementation strategies to improve how the City designs, builds, and maintains its pedestrian environment for all users. The Better Streets Plan Draft for Public Review was released in June 2008. This is an informational hearing to discuss revisions to the draft plan, next steps, and strategies for delivering Better Streets improvements.

Preliminary recommendation: informational; no action requested

SPEAKERS: Dick Millet

ACTION: No action was taken. This was an informational item only.

12a. 2008.0719D (S. CALTAGIRONE: (415) 558-6381)

2626 LARKIN STREET - east side between Chestnut and Lombard Streets; Lot 011 in Assessor's Block 0069 - Mandatory Discretionary Review per Section 317 of the Planning Code of Building Permit Application No. 2008.0926.2736, proposing to demolish a three-story, two-unit residential building on a property located within an RH-3 (Residential, House, Three-Family) District and a 40-X Height/Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of October 8, 2009)

SPEAKERS: Sandy Walker – Project Architect

ACTION: Following a failed motion to take DR & disapprove, the Commission continued the item to 11/5/09. The public hearing remains open

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

RECUSED: Sugaya

12b. 2009.0907D (S. Caltagirone: (415) 558-6381)

2626 Larkin Street - east side between Chestnut and Lombard Streets; Lot 011 in Assessor's Block 0069 - Mandatory Discretionary Review per Section 317 of the Planning Code of Building Permit Application No. 2008.0926.2740, proposing to construct a four-story, two-unit residential building on a property located within an RH-3 (Residential, House, Three-Family) District and a 40-X Height/Bulk District.

Preliminary Recommendation: Take Discretionary Review and Approve with Modifications

(Continued from Regular Meeting of October 8, 2009)

SPEAKERS: Same as those listed for item 12a

ACTION: Following a failed motion to take DR & disapprove, the Commission continued the item to 11/5/09. The public hearing remains open

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

RECUSED: Sugaya

13. 2008.1106D (G. CABREROS: (415) 558-6169)

2626 FILBERT STREET - north side between Broderick and Divisadero Streets, Lot 003B in Assessor's Block 0943 - Request for Discretionary Review of Demolition Permit Application No. 2007.12.24.1235 and Building Permit Application No. 2007.12.24.1234 proposing demolition of a four-story, single-family residence and new construction of a three-story, single-family residence in an RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve both applications

(Continued from Regular Meeting of August 13, 2009)

SPEAKERS: (- project) Brooke Sampson – DR Requestor; (- project) Geoffrey Wood – Cow Hollow Association; (- project) Elaine Larkin – Cow Hollow Association; (- project) Patricia Vaughey; (neutral) Ellen Hornstein; Andrew Junius – Representing the Project Sponsor; (+ project) Alex Lloyd; (+ project) Joshua Aidlin

ACTION: The Commission did not take DR & approved the demolition, but took DR and approved the project with the following front façade modifications: (1) with regard to the window glazing, a solid vertical separation shall occur between the areas of window glazing. (Only a minimum vertical separation may be necessary to improve the solid-to-void ratio along the front façade.); and (2) with regard to the wood louvers (brise soleil) over the window glazing, the louvers shall express the separate glazing areas beneath the louvers as not to create a seamless/continuous screen.

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

ABSENT: Moore

DRA: 0114

14a. 2008.1349D (G. CABREROS: (415) 558-6169)

2919 LAGUNA STREET - west side between Union and Filbert Streets; Lot 004 in Assessor's Block 0531 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of residential demolition, of Demolition Permit Application No. 2008.12.08.8008, proposing to demolish a single-family residence in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve

SPEAKERS: (- project) Rachel Sader – Representing the DR Requestor; (- project) Mark Carlaski – Golden Gate Valley Neighborhood Association; (- project) Terry Watt; (- project) Mr. Russ; (+ project) Mark McDonald – Project Sponsor; (+ project) Mike Hennesy – Project Architect; (+ project) Steve Atkinson – Representing the Project Sponsor

ACTION: The Commission did not take DR & approved the demolition

AYES: Miguel, Antonini, Lee, and Sugaya

NAYES: Olague, Borden and Moore

DRA: 0115

14b. 2008.0935DD (G. CABREROS: (415) 558-6169)

2919 LAGUNA STREET - west side between Union and Filbert Streets; Lot 004 in Assessor's Block 0531 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of new residential building in association with residential demolition, and one private request for Discretionary Review of Building Permit Application No. 2008.12.08.8013, proposing to construct a four-story, two-unit building in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve

SPEAKERS: Same as those listed for item 14a

ACTION: The Commission did not take DR & approved the project as proposed

AYES: Miguel, Antonini, Lee, and Sugaya

NAYES: Olague, Borden and Moore

DRA: 0116

15. 2009.0843D (S. YOUNG: (415) 558-6348)

823 DIVISADERO STREET - west side between McAllister and Fulton Streets; Assessor's Block 1179; Lot 027 - Request for Discretionary Review of Building Permit Application No. 2009.04.16.6402, proposing the change of use of a vacant ground floor commercial space (previously a dry cleaning and laundry service establishment dba Family Cleaners) to a preschool (dba Our Victorian Schoolhouse), which will provide daycare educational services for up to 42 children in the NC-2 (Small-Scale Neighborhood Commercial) District, the Divisadero Street Alcohol Restricted Use District, and a 65-A Height and Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve Project

SPEAKERS: (- project) Sommer Peterson – DR Requestor

ACTION: Without hearing, continued to 11/12/09 to investigate CEQA concerns

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

NAYES: Sugaya

16. 2009.0856D (E. OROPEZA: (415) 558-6381)

317 CONNECTICUT STREET - southeast corner of 18th and Connecticut Streets; Lot 027 in Assessor's Block 4036-Request for Discretionary Review of Building Permit Application No. 2009.0625.1244, proposing to change the use from existing retail sales and services use (dba Delirious Shoes and More) as defined per Planning Code Section 790.102 to a small self service restaurant use as defined per Planning Code Section 790.91, all within the NC-2 (Small-Scale Neighborhood Commercial) District, and a 40-X Height and Bulk District.

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

SPEAKERS: (- project) Jerome Barulich – DR Requestor; (- project) Scott Whips; (- project) Mark Warnick; (+ project) Cody Robinson – Project Sponsor

ACTION: The Commission took DR & approved with modifications to include the offers by the project sponsor; and to stipulate the closing time from Sunday through Thursday at 11:00 p.m. and on Friday & Saturday at midnight

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

DRA: 0117

E. 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.

17. Consideration of Adoption:

  • Draft Minutes of Regular Meeting of November 6, 2008.
  • Draft Minutes of Regular Meeting of October 8, 2009.

SPEAKERS: None

ACTION: Approved

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

18. Commission Comments/Questions

  • Inquiries/Announcements. Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).
  • Future Meetings/Agendas. At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.

Commissioner Moore:

I had the good fortune of hearing Patrick Blanc, the Green Vertical Wall designer for Drew School the other day and I am incredibly enthused about what we approved. The project is going to be spectacular. This man gave a presentation which was taped based on the request of several people in attendance and I have suggested the entire Planning Department, and Director Rahaim agreed with that, listen to this tape and I hope that some of the commissioners will join in. It is just fantastic.

On a second thing: I raised a question a couple of weeks ago about how the traffic calming on Market Street was working. I have observed it [twice] since and it is settling in very nicely and it makes the street really good even in the tougher blocks, the ones we talked about earlier today. It makes a world of difference. I would strongly suggest if other findings substantiate this, that this become something that we look at more closely for a more permanent solution. It creates a completely different street.

Commissioner Sugaya:

If there is such a report, I assume it's going to include impacts to the side streets.

Director Rahaim:

Yes. That's been a big issue. The neighborhood is very interested in that. It's appearing that the impacts aren't as great as feared because traffic seems to be avoiding Market Street to begin with, but we will get a report on that.

F. DIRECTOR'S REPORT

19. Director's Announcements

Director Rahaim:

I believe you all got my email inviting you to this event with six Planning Directors. It's kind of an interesting opportunity and I'm very grateful to all the Directors for arranging their schedules to stay an extra day.

The next two days – tomorrow and Monday, we will have a two-day long management retreat for the Department that includes all Senior Managers and all Planner IVs. We will be held up for the next two days thinking about how we do business and how to do it differently. We have committed to making sure that the rest of staff is involved in the outcomes. We have kind of a phase two of this that we will be sharing with you and all of the Department. That is happening tomorrow and Monday, so we will be out of the office those two days.

Third, I just wanted to call your attention to the memo on the status of the Action Plan. I think we are making some progress on many items. And many items are overlapping in interesting ways. We have gotten some very positive feedback in recent months in recent meetings with the Advisory Committee.

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

BOARD OF SUPERVISORS

Land Use Committee:

  • DR Reform informational hearing – There was a lot of discussion and a lot of positive comments. Clearly there is some concern. Everybody loves the internal changes, but the public is still concerned about the idea of the Planning Commission not hearing every DR and that will continue to be an issue. The Land Use Committee will hear it again on November 2nd and could take action that day.

Full Board

  • On Tuesday, the Board of Supervisors heard an appeal of the environmental document for 430 Main and they overturned it 10 to 0. That was the Community Plan Exemption. We are examining what the next alternatives are and what needs to be done.

BOARD OF APPEALS:

  • There was one case where the Residential Design Guidelines came up and the Board of Appeals was especially complementary to the Planning Department and the Planning Commission for their implementation of the Residential Design Guidelines. They felt it was working very well and that we were implementing them well and we seem to have gotten it right.

Commissioner Moore:

Mr. Badiner, could you give the Commission and for those who didn't follow the Supervisor's hearing on how the Main/Beal Street project was overturned? Could you describe that please, because it was so unusual that I had a hard time understanding of how we can deal with it?

Zoning Administrator Badiner:

I will attempt to express the issues. There were two basic concerns. One was green house gas, which at the time that we did the Rincon Hill EIR four or five years ago or beyond, was not an issue but is now an issue that we deal with customarily in environmental documents. The second was air quality and PM10 (particulate matter of under 10 micrograms or something like that). The Board requested re-studying the air quality affects on the proposed project's residents and on the existing residents at Bay Crest. For the proposed project there are ways to do a closed air system today (not operable windows although generally we think operable windows are good) you would have a closed air system that caught all the PM10. I don't know how you retrofit an existing building and it's not clear to me – and I was not there and I'm not an environmental expert – what affect this building would have on the PM10 on the existing building next door. It may have some. I'm not questioning the Board of Supervisors and their wisdom on this. I am not an environmental expert, but I am told that we will have to re-examine [because] it does not call the concept of community plan exemptions into question. I am told that this particular one had some issues.

HISTORIC PRESERVATION COMMISSION:

  • C of A on the Orpheum Theatre and a C of A on the Bill Graham Civic Auditorium. The C of A on the Orpheum was for a door on the Market Street façade that was granted. The C of A on the Bill Graham was to remove the existing sign on the back side (Hayes/Market Street) and replace it with a lighted, moving sign. The Commission continued this item to explore different options and to obtain more information on the history of the building.

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))

SPEAKERS: None

Adjournment: 9:00 P.M.

Adopted: November 12, 2009

 
Last updated: 12/11/2009 2:04:01 PM