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July 15, 2010

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

 

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, July 15, 2010

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, Brett Bollinger, Kevin Guy, Diego Sanchez, Corey Teague, Sara Vellve, Jonas Ionin – Acting Commission Secretary.

 

 

A.                 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.         2010.0335TZ                                                                  (T. SULLIVAN: (415) 558-6257)

Ordinance Amending the Planning Code by adding Section 787 to establish the 1800 Market Street Community Center Project Special Use District for the property located on B/L: 0871/014; amending Zoning Map SU07 to reflect this new SUD.  Ordinance introduced by Supervisor Dufty that would create the 1800 Market Street Community Center Project Special Use District and associated Zoning Map amendments for the property located at the northwest corner of Market Street & Octavia Boulevard, (aka Landmark No. 223, the Carmel Fallon Building); adopting findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.

Preliminary Recommendation: Approval of Proposed Ordinance to Board of Supervisors.

                        (Proposed for Continuance to July 22, 2010)

 

SPEAKERS:     None

ACTION:           Continued as proposed

AYES:              Antonini, Lee,  Miguel, Moore, Sugaya

ABSENT:          Borden, Olague

 

2.           2010.0236DDD                                                                 (C. TEAGUE: (415) 575-9081)

71 Cuvier Street - east side between Bosworth Street and San Jose Avenue, Lot 018 in Assessor's Block 6722 - Request for Discretionary Review of Building Permit Application No. 2009.10.15.9021, proposing to construct a new three-story single-family home on the currently vacant lot in a RH-1(Residential, House-Districts, One-Family) District and a 40-X Height and Bulk District.

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

                        (Continued from Regular Meeting of June 10, 2010)

                        (Proposed for Continuance to August 5, 2010)

 

SPEAKERS:     None

ACTION:           Continued as proposed

AYES:              Antonini, Lee,  Miguel, Moore, Sugaya

ABSENT:          Borden, Olague

 

3.        2009.1095CV                                                                 (E. OROPEZA: (415) 558-6381)

80 JULIAN AVENUE – west side between 14th and 15th Streets; Lot 027 in Assessor’s Block 3547 – Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 317, 726.21, 726.24, 726.38, 726.82, 121.2 and 145.2 to demolish the existing single family with 15 guest bedroom dwelling and to construct a new four-story social service use operated by Native American Health Center (NAHC) within the Valencia Street (Neighborhood Commercial Transit) District, and a 45-X Height and Bulk District.  The project is also located within the Mission Alcoholic Beverage Restricted Subdistrict.

(Proposed for Continuance to August 5, 2010)

 

SPEAKERS:     None

ACTION:           Continued as proposed

AYES:              Antonini, Lee,  Miguel, Moore, Sugaya

ABSENT:          Borden, Olague

 

B.        COMMISSIONERS’ QUESTIONS AND MATTERS

 

4.         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 had occasion to be in East bay to pick up some goods that were being donated to a charitable event that I was working on. this happened to be from a beverage distributor, I went to this industrial park.
I was thinking it is located in Union City. It was a wonderful place as far as little lawns. It was well lit. There were trees. We do not really have anything like that. We have some space for those types of things could occur. The closest we have is on Third and Evans Streets, where we have something that has been built in the last 20 or 30 years. this distributor for the Bay Area, many distributors distribute perishable items I hope we are looking at these situations. We have talked about out reached to see where we could talk to distributors and various light manufacturers, because it costs a lot of money and time when you have trucks on highways burning up gas, whereas if you had a distribution point in the west bay, preferably in sentences go, it makes economic sense. I just pass that on for consideration for those who are working on these sorts of issues. It is a frequent thing. We have discussed jobs. There were plenty of them there. This could be something that would be very appropriate in the areas where we have core PDR in San Francisco.

Commissioner Sugaya:

-  I knew I was going to forget the name of the market. I had reason to go near
Columbus or -- was on Green? There was -- conditional use a while back for a grocery store.
The staff has investigated it with respect to its present configuration, which looks to be mainly like a wine bar and a wine store. I believe there were taking some action. But perhaps we could get a report back at some point.


President Miguel:  

-   During the past week, I have been in discussion with some of their representatives for CVS, the drug chain, and with Target, regarding locations in San Francisco.

-          

Commissioner antonini:

- That tweaked my memory. I have also been in discussion with representatives that happen working with Cal Pacific, which will be coming forward for a project within the next month or two.

 

Commissioner Sugaya:  

-   As I walked down, I see an increasing number of vacancies downtown. For example, there was a small gallery district on Sutter, around Mason and that area. There were six or more vacancies. What I am concerned is that the owners of those buildings do not properly take care of the building when the storefront is empty. There is a tendency of graffiti. There is a tendency of litter. There is a tendency of homeless people, not only at night but also during the day, occupying the storefronts. And I am not particularly targeting the homeless people, but I talk about particular attention to an un-leased property, which I do think the owners of buildings should be obligated to. I think it is in the interest of the city at large that we put forward the word that that is necessary, and I am not sure what tools we have, as to whether  or not this might be a discussion were having with other departments. But I do think we need to help ourselves. The tourists are in those areas. We ourselves have residents walk around.


Commissioner Moore:

- I think it is a combination of our Department and Public Works. I will talk to the staff.

 

Vice-President Olague:

-  I just wanted to point out an article I read. I am not related to anyone at 7 by 7, selling magazines or anything. But there is an interesting magazine on the neighborhood and the transformation from the neighborhood. I think there are some interesting pieces in the Mission District, and some of the other locally owned businesses, more independently owned retailers. I think what is interesting about this article is it does give some sort of -- sheds some light on some of the struggles that we have as commissioners when it comes to the issue of formula retail and the impact it might have on some of the existing neighborhoods.
- I would encourage people, if you are out and about, to look through it, read through some of it.  It does help, I think, gives some insight into some of the struggles we have here, when it comes to that issue, and the desire we want to preserve neighborhood character and history of the neighborhood. Check it out. It is interesting.

 

C.         DIRECTOR’S REPORT

 

5.         Director’s Announcements

           

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

 

BOARD OF SUPERVISORS:

Land Use Committee:

§        Informational Hearing Only on 12 Ordinances for Bayview Hunters Point Shipyard/Candlestick.  This project would create 10,500 new units, 3.7 million square feet of commercial and retail space, a performing arts theater, an artists’ colony, and possibly a new waterfront stadium for the San Francisco 49ers. The Land Use Committee heard presentations from the Mayor’s Office, the Redevelopment agency and Planning Department staff. This hearing was part of a series of informational hearings that the Land Use Committee has heard on the project. This week’s hearing focused on the 12 draft Ordinances that will be before them for action.  You heard the draft Ordinances under your purview at the June 3rd joint hearing with the Redevelopment Agency Commission.  While your hearing lasted 13 hours, this week’s hearing at the LU Committee was only 3 hours long. All of the Ordinances were released from the 30-day hold this week and were available for Committee action.  At this week's hearing,  President Chiu introduced five amendments to the various actions that address (1) the Yosemite Slough Bridge, (2) acceptance of HPS Parcel E-2 from the Navy, (3) expansion of the SE Health Center,  (4) additional workforce development provision for "at risk" job applicants, and (5) updating PUC studies regarding public power.  Amendments that could be adopted were adopted.  The actions themselves were passed out of committee without decisions.  Final actions on the items are scheduled for the full Board on July 27. 

 

FULL BOARD OF SUPERVISORS:

 

§        Hearing on Proposed Amendments to the Bayview Hunters Point and Hunters Point Shipyard Redevelopment Plans - This week the Full Board held the first hearing on the Redevelopment Plan.  This item was scheduled for potential action.  This week the Board closed the public hearing and continued final action until July 27, 2010.

 

§        Appeal of Certification of Final Environmental Impact Report - Candlestick Point - Hunters Point Shipyard Phase II Development Plan.  The Commission certified the EIR on June 3, 2010 by a 4-3 vote.  This week’s hearing lasted about 11 hours.  Appellants focused their concerns on the completeness of the clean-up of the superfund site and the creation of a bridge through wetlands. Proponents noted the job creation and revitalization that the project would bring.  The vote was 8-3 to uphold the EIR. (Avalos, Daly, Mar)

 

BOARD OF APPEALS:

2642-2644 Hyde Street: Appeal of building permit to legalize an existing deck at the rear of the property.  Appellant stated concerns over light/air/privacy.  The Commission heard a DR on this permit on September 24, 2009.  You voted unanimously to approve the permit.  The Board of Appeals agreed and also voted unanimously to approve the permit.

 

763 University Avenue: Appeal of a Notice of Violation that was issued to enforce Conditions applied by this Commission on a DR for the subject property.  You heard the DR in January 2009. At that time, the subject permit was filed to legalize work that was done beyond the scope of a previously issued permit.  While the Appellant initially submitted plans that complied with the Commission's decision, they later submitted revisions to the permit after the Planning Department had approved the plans.  When the non-conforming revision was routed back to Planning, staff instructed the Appellant to comply with the Commission's decision.  Despite this instruction, they refused to comply. As a result, the Department began enforcement proceedings and issued the Notice of Violation.  The Board of Appeals agreed that the Appellant had not complied with the Commission's decision and unanimously upheld the Notice of Violation and Penalty.  The decision can be credited in part to the persistent efforts of Kate Conner (Code Enforcement) and Ben Fu (Neighborhood Planning - SE), who attending the appeal hearing.

 

708 Vermont Street: Appeal of a building permit to add a floor to an existing building.  The Appellant was concerned over light and air regarding to a small lightwell on their property.  They argued that the matching lightwell provided by the Project Sponsor was not adequate and requested a larger lightwell.  You heard a DR on this permit on January 14, 2010.  At that time you voted to uphold the permit[1].  The Board was of similar opinion and voted to uphold the building permit[2].

 

HISTORIC PRESERVATION COMMISSION:

           No Report

 

D.         GENERALPUBLIC 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.

 

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.

 

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

 

7.        2006.0954E                                                                   (B. BOLLINGER: (415) 575-9024)

San Francisco Enterprise Zone - Certification of the Final Environmental Impact Report - The Enterprise Zone (EZ) is a long-term (15-year) partnership with local governments and private companies to generate new private sector investment and growth. The State provides performance based tax incentives to EZ businesses to revitalize chronically deteriorated areas; hire the most difficult-to-hire residents in private sector jobs; and retain, expand, and reward businesses that participate. The proposed project consists of renewing and reestablishing San Francisco’s EZ and modifying the geographic boundaries of the previous EZ (established on May 28, 1992). The EZ previously consisted of approximately 4,902 acres and included most of the City’s commercial- and industrial-designated areas. The new EZ would consist of approximately 5,815 acres or approximately 913 acres more than the previous EZ.

Please note: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on February 8, 2010. 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.

 

SPEAKERS:     Lee Radner

ACTION:           EIR Certified

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

ABSENT:          Borden

            MOTION:           18141

 

G.         REGULAR CALENDAR 

 

8a.       2008.1234CV                                                                           (K. GUY: (415) 558-6163)

205 FRANKLIN STREET -northwest corner at Fell Street, Lot 003 of Assessor’s Block 0816 - Request for Conditional Use Authorization to allow development on a lot exceeding 10,000 square feet (Planning Code Section 121.1), to establish a non-residential use exceeding 3,000 square feet (Planning Code Section 121.2), to establish an "Other Entertainment" use (Planning Code Section 720.48), and to establish an "Other Large Institution" use above the first story, pursuant to Planning Code Sections 121.1, 121.2, 303, 720.48, and 720.81, within the Hayes-Gough Neighborhood Commercial Transit District, and the 40-X, 50-X, and 65-X Height and Bulk Districts. The proposed project is to demolish an existing building containing auto repair and office uses, and to construct a new three-story building for the SFJAZZ organization containing an auditorium with a capacity of up to 800 patrons (with ancillary performer and technical spaces), educational and administrative facilities, and a ground-floor restaurant.

Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     James Haas, John Caldwell, Aaron Levine, Malachi Whitson, Jason Henderson,      Jerry Street, Marcus Shelby, John Callaway

ACTION:           Approved as amended

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

ABSENT:          Borden

            MOTION:           18142

 

8b.       2008.1234CV                                                                             (K. GUY: (415) 558-6163)

205 FRANKLIN STREET - northwest corner at Fell Street, Lot 003 of Assessor’s Block 0816 - Request for Variance from the requirements of Planning Code Section 136 to allow an architectural projection over the public right-of-way on Franklin Street, within the Hayes-Gough Neighborhood Commercial Transit District, and the 40-X, 50-X, and 65-X Height and Bulk Districts. The proposed project is to demolish an existing building containing auto repair and office uses, and to construct a new three-story building for the SFJAZZ organization containing an auditorium with a capacity of up to 800 patrons (with ancillary performer and technical spaces), educational and administrative facilities, and a ground-floor restaurant.  The Zoning Administrator will consider the Variance request concurrently with the Planning Commission's consideration of the Conditional Use Authorization at this same hearing.

 

SPEAKERS:     Same as item 8a

ACTION:           Acting Zoning Administrator Rahaim granted the variance.  Public Hearing closed.

           

 

9a.       2004.0946EKC                                                               (D. Sanchez: (415) 575-9082)

1717 17th Street - south side of 17th Street, between De Haro and Carolina Street; Lot 007 of Assessor's Block 3980 - Request for Adoption of Findings pursuant to Section 295 of the Planning Code regarding a Shadow Study that concluded that the shadow cast by the construction of a four-story, 48-foot tall mixed use building would not be adverse on Jackson Playground, land under the jurisdiction of the San Francisco Recreation and Park Department. The property is within a UMU (Urban Mixed Use) District and a 45/48-X (Proposed 48-X) Height and Bulk District.

Preliminary Recommendation: Adopt Findings.

(Continued from Regular Meeting of July 1, 2010)

 

SPEAKERS:     Gary Gee

ACTION:           Adopted

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

ABSENT:          Borden

            MOTION:           18143

 

9b.       2004.0946EKC                                                                    (C. Teague: (415) 575-9081)

1717 17th Street - south side between Carolina and De Haro Streets, Lot 007 in Assessor's Block 3980 - Request for Conditional Use Authorization for a Planned Unit Development with an exception for the rear yard pursuant to Planning Code Sections 134, 215, 304 and 175.6. The proposal is to demolish the existing industrial buildings and construct two adjacent four-story, 48-foot tall buildings that combine to include up to 41 dwelling units, approximately 8,000 square feet of retail space, approximately 7,000 square feet of PDR (Production/Distribution/Repair) space, up to 36 residential parking spaces, and up to 22 commercial parking spaces in the UMU (Urban Mixed Use) District and 45/48-X (Proposed 48-X)  Height and Bulk District. The proposal is subject to the Eastern Neighborhood "Pipeline" controls of Planning Code Section 175.6 and the original zoning and height/bulk districts on the application filing date, which were M-1 (Light Industrial) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of July 1, 2010)

 

SPEAKERS:     Same as item 9a.

ACTION:           Approved as amended

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

ABSENT:          Borden

            MOTION:           18144

 

10.       2010.0265C                                                                  (D. Sánchez:  (415) 575-9082)

2601 Mission Street- southeast corner of Mission and 22nd Streets, Lot 069 in Assessor’s Block 3637 - Request for Conditional Use Authorization under Planning Code Sections 736.83 and 303 to install a wireless transmission facility consisting of three panel antennas on an existing commercial structure. The antennas and equipment are proposed in Location Preference 2 (Preferred Location – Co-Location Site) according to the Wireless Telecommunications Services Siting Guidelines, as part of the Clearwire Wireless’ telecommunications network within the Mission Street Neighborhood Commercial Transit District and a 40-X/65-B Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of July 15, 2010)

 

SPEAKERS:     Joyce Chu

ACTION:           Approved

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

ABSENT:          Borden

            MOTION:           18145

 

11.       2010.0211C                                                                  (D. Sánchez:  (415) 575-9082)

888 Brannan Street- southeast corner of 8th and Brannan Streets, Lot 007A in Assessor’s Block 3780 - Request for Conditional Use Authorization under Planning Code Sections 843.93 and 303 to install a wireless transmission facility consisting of three panel antennas on an existing commercial structure. The antennas and equipment are proposed in Location Preference 2 (Preferred Location – Co-Location Site) according to the Wireless Telecommunications Services Siting Guidelines, as part of the Clearwire Wireless’ telecommunications networkwithin the Urban Mixed Use District (UMU) and a 68-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

                        (Continued from Regular Meeting of July 1, 2010)

 

SPEAKERS:     Joyce Chu

ACTION:           Approved

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

ABSENT:          Borden

            MOTION:           18146

 

12.       2009.1062C                                                                    (D. Sánchez:  (415) 575-9082)

1097 Howard Street #209- southeast corner of 7th and Howard Streets, Lot 128 in Assessor’s Block 3731 - Request for Conditional Use Authorization under Planning Code Sections 249.40A, 840.47 and 303 to establish a retail wine shop, dba The Secret Wine Shop, with tasting area, classified as a bar under Planning Code Section 890.22, within the Mixed Use – General District (MUG), the SOMA Youth and Family Special Use District and a 65-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     None

ACTION:           Approved

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

ABSENT:          Borden

            MOTION:           18147

 

13.        2009.0047C                                                                    (D. Sánchez:  (415) 575-9082)

60 Burr Avenue- mid block at the intersection of Burr, McCarthy, Garrison Argonaut and Kelloch Avenues, Lot 001 in Assessor’s Block 6360 - Request for Conditional Use Authorization under Planning Code Sections 303 and 304 to modify the approval of a Planned Unit Development to expand an existing  clubhouse by 6,660 square feet to enclose an adjacent swimming pool at the Geneva Terrace Planned Unit Development, within the RH-1 (Residential, House, One Family)  Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     Betty Wilson, Yolande Haskin, Debo Sodipo

ACTION:           Approved

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

ABSENT:          Borden

            MOTION:           18148

 

14.       2009.1004D                                                                  (D. Sánchez:  (415) 575-9082)

3131 Mission Street- east side between Cesar Chavez and Precita Streets, Lot 048 in Assessor’s Block 5501 - Mandatory Discretionary Review under the Planning Commission’s policy requiring review of all dwelling unit conversions, of Building Permit Application No. 2010.01.13.4660, proposing to convert a vacant three bedroom dwelling unit to a neighborhood serving dental office within the NC-3 (Moderate Scale) Neighborhood Commercial District and a 50-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and Approve

 

SPEAKERS:     Lisa Nahmanson

ACTION:           Do not take Discretionary Review and approve

AYES:              Antonini, Lee, Miguel, Moore Sugaya       

NAYES:            Olague

ABSENT:          Borden

            DRA:                0161

 

15.        2010.0134D                                                                        (S. VELLVE: (415) 558-6263)

2016 CHESTNUT STREET- northwest corner of Chestnut and Fillmore Streets, Lot 023 in Assessor's Block 0467A - Request for Discretionary Review of Building Permit Application No. 2009.07.30.3759, proposing to locate two T-Mobile omni-directional antennas of approximately 1.5” in diameter and 24” in height on architectural columns on the north and west sides of the subject building at approximately 63’ above grade within an NC-2 (Neighborhood Commercial – Small Scale District) and 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve

(Continued from Regular Meeting of June 10, 2010)

 

SPEAKERS:     None

ACTION:           Do not take Discretionary Review and approve

AYES:              Antonini, Lee, Miguel, Sugaya

NAYES:            Moore, Olague

ABSENT:          Borden

            DRA:                0162

 

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

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

 

Adjournment:  5:40 PM

 


 

[1] (4-3 with Commissioner's Antonini, Lee and Sugaya dissenting)

[2] (4-1 with Vice-President Goh dissenting)

Last updated: 9/7/2010 9:48:19 AM