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City and County of San Francisco

August 12, 2010

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, August 12, 2010

2:00 PM

Regular Meeting

 

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

 

THE MEETING WAS CALLED TO ORDER BY PRESIDENT MIGUEL AT 2:15 P.M.

 

STAFF IN ATTENDANCE:  John Rahaim – Director of Planning, Mark Luellen, AnMarie Rodgers, Rick Crawford, Michael Jacinto, Kevin Guy, and Linda Avery – 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.         2006.0848E                                                                   (C. FORDHAM: (415) 575-9071)

23-35 DOLORES STREET - east side of Dolores Street between Clinton Park and 14th Street; Lot 069 in Assessor’s Block 3534 - Public Hearing on the Draft Environmental Impact Report. The proposed project includes demolition of 25-35 Dolores Street and new construction of a four-story, 62,030 square-foot, 47 unit residential building.  The existing two contiguous garage buildings on the site were built in 1917- 1918 and are historic resources. The project site is located in a RTO (Residential, Transit-Oriented) Zoning District and 40-X height and bulk district. The proposed project would require Conditional Use Authorization for density greater than one unit per 600 square feet, off-street parking at greater than 0.75 spaces per unit, and development of a lot greater than 10,000 square feet; and a rear yard variance.  Written comments will be accepted at the Planning Department’s offices until the close of business on September 7, 2010.

            (Proposed for Continuance to September 2, 2010)

 

SPEAKERS:     None

ACTION:           Without hearing, continued as proposed

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

ABSENT:          Olague

 

 

2.         2010.0172D                                                                         (A. STARR: (415) 558-6362)

1027 HAYES STREET - south side between Pierce and Steiner Streets; Lot 014 in Assessor’s Block 0823 - Mandatory Discretionary Review of Building Permit Application No. 2010.04.02.9560 (alteration) under Planning Code Section 317; proposing to demolish a portion of the subject building at the rear, which will remove one dwelling unit from the existing two-story-over-basement, four-unit building in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve Project

(Continued from Regular Meeting of July 1, 2010)

            (Proposed for Continuance to September 2, 2010)

 

SPEAKERS:     None

ACTION:           Without hearing, continued as proposed

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

ABSENT:          Olague

 

B.        COMMISSIONERS’ QUESTIONS AND MATTERS

 

3.         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 Lee:

He announced that this would be his last hearing as a Planning Commissioner.  He thanked his fellow commissioners for the honor to serve with them; he thanked Department staff; he gave some history and antidotes from his years of service; and ended with the advice that if commissioners had questions about any matter that was before them, they should call staff.

Commissioners Antonini, Miguel, Sugaya, Moore and Borden:

They all expressed their appreciation of Commissioner Lee from their experience of serving on the Commission with him.  They all wished him well for the future.

 

C.         DIRECTOR’S REPORT

 

4.         Director’s Announcements

           

Director Rahaim:

He also expressed his appreciation of Commissioner Lee and wished him well.

 

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

 

BOARD OF SUPERVISORS:

LAND USE COMMITTEE:

 

§        Development Stimulus Part II.  Commissioner’s you considered two resolutions under the title “development Stimulus part II” on July 22nd .  The first resolution would establish an Area Plan Infrastructure Finance Committee to study IFDs & supervise the formation of one IFD in Rincon Hill. The other resolution would authorize the establishment of future Community Facility Districts. At your July 22nd hearing, you recommended approval of both with additional modifications and considerations.  This week the land use committee heard just the Maxwell resolution that would establish the Committee to study IFD’s and supervise the Rincon IFD.  On this item, you recommended that 1) the Board seek addition funding to extend the Pilot Program beyond Rincon Hill and 2) that the Committee study the long-term effect on the General Fund of earmarking monies with IFD’s for specific areas.This week Supervisor Maxwell did add language stating that the Committee should “analyze potential fiscal impacts on the General Fund” with that and some other modifications the Committee recommended approval to the Full Board.

 

FULL BOARD OF SUPERVISORS:

§        Castro Street NCD - CU for Restaurants and Self-Service;  would designate Specialty Food Establishments as “permitted” and would delete a provision that allows certain Fast Food establishments on one parcel.  Commissioner’s you heard this item on June 17th and unanimously recommended approval at that time.  This week the Board passed the Ordinance unanimously on first reading.

 

    • 101106  Alioto-Pier Resolution establishing interim controls that would require Conditional Use authorization for "Other Entertainment Uses" within the Van Ness Avenue Special Use District.
    • 101091 Alioto-Pier Ordinance establishing the same CU as permanent controls.
    • 101095 Dufty introduced an Ordinance amending the Inclusionary Affordable Housing Program, Planning Code Sections 415 et seq. to exempt certain Qualified Student Housing Projects, as defined, if the project meets certain requirements.
    • 101094 Dufty/ Alioto-Pier:  Ordinance amending the San Francisco Administrative Code by adding Chapter 29B to require a City agency, or a private developer that receives City funds for a development project, as defined, to prepare a feasibility study for providing an on-site child care center whenever it plans to construct or purchase a building, lease more than 50 percent of space in a private building for an initial term of more than one year, or alter more than 50 percent of the space in an existing building.
    • 101098  Mirkarimi:   Ordinance amending the San Francisco Administrative Code by amending Sections 1.56 and 8.12.4, adding Section 8.12.5, and re-numbering Section 8.12-1 as 8.13, to provide for the electronic distribution of documents more than 10 pages long prepared by City departments.
    • 101093  Daly:  Ordinance amending the San Francisco Planning Code by amending Section 249.40A concerning the South of Market (SoMa) Youth and Family Special Use District, bounded generally by Natoma Street on the north, Harrison Street on the south, 4th Street on the east, and 7th Street on the west, to require that all projects containing 5 or more dwelling units be subject to the Tier C affordable housing requirements established in the Eastern Neighborhoods Plan.

 

HISTORIC PRESERVATION COMMISSION:

            None

 

6.        2010.0554I                                                                   (A. HOLLISTER: (415) 575-9078)

Heald College Abbreviated Institution Master Plan - Report on Heald College’s Abbreviated Institution Master Plan (IMP), pursuant to Planning Code Section 304.5. Heald College is currently located at 350 Mission Street, but is proposing to relocate to 875 Howard Street.  The abbreviated IMP contains information on the nature and history of the institution, the location and use of affiliated buildings, and development plans. 

Preliminary Recommendation:  Informational presentation, no action requested.

 

SPEAKERS:     None

ACTION:           Commissioners commented that the Abbreviated Institutional Master Plan was adequate and no further public hearing was necessary

     

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.

 

SPEAKERS:    Zach Stewart – re:  HPC is a precious resource for our city, Joan Wood – re:  changes to the Planning Code (Articles 10 & 11 and other PC clean up), Rush Sturges – re:  thanked Commissioner Bill Lee for his service and asked that he be kept on the commission, Howard Wong – SF Tomorrow – re:  Articles 10 & 11, Sue Hestor – re:  the difficulty the public faces in getting copies of plans from the Department

 

E.                 REGULAR CALENDAR 

 

            7.        2010.0054U                                                                           (j. ionin: (415) 558-6309)

Personal Wireless Service Facility Site Permits Ordinance [Board File No. 10-0041] - Ordinance introduced by Supervisor Avalos would amend the San Francisco Public Works Code by adding Article 25, Sections 1500 through 1528, to establish new requirements for Personal Wireless Service Facility Site Permits and to increase certain fees for obtaining such permits, amending the San Francisco Administrative Code by amending Chapter 11, Article 1, Section 11.9, to eliminate obsolete provisions related to such permits, making the provisions of the ordinance retroactive, and making environmental findings.

Preliminary Recommendation: Approval

 

SPEAKERS:     None

ACTION:           Without hearing, continued to 9/2/10

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

ABSENT:          Olague

 

8.        2009.0187T                                                                   (A. Rodgers: (415) 558-6395)

DEPARTMENT-SPONSORED PLANNING CODE AMENDMENTS - The Planning Commission will consider a Resolution to approve a draft Ordinance amending the Planning Code requirements for car-share. The draft Ordinance would 1) expand nonresidential requirements to apply to all zoning districts; 2)  allow car–share parking wherever residential parking is permitted; 3) include car-share programs among the transportation management and transportation brokerage services required for new office buildings; 4) amend car-share requirements to require car-share memberships within new developments that exceed permitted levels of parking;  5) endorse procedures for Commission deliberation of car-share requirements beyond those currently identified for both residential and commercial developments;  6) additional possible amendments associated with the current car share requirements; and 7) adopt 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. The Planning Code sections proposed for amendment include Sections 151.1, 163, and 166.

Preliminary Recommendation: Approval of proposed Ordinance to the Board of Supervisors.

(Continued from Regular Meeting of August 5, 2010)

 

SPEAKERS:     Tom Radulovich

ACTION:           Approved as amended to allow owners to add for commercial

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

RESOLUTION:   18164

 

9.         2009.0640D                                                                       (S. VELLVE: 9415) 558-6263)

380 – 382 19TH AVENUE - east side between Geary Boulevard and Clement Street; Lot 019C in Assessor's Block 1450 -Request for Discretionary Review of Building Permit Application No. 2008.04.24.0526 proposing to construct a one-story vertical addition and a three-story horizontal addition at the rear of a two-family dwelling within an RM-1 (Mixed, Low Density) Zoning District and 40-X Height and Bulk District.

Staff Analysis:  Abbreviated Discretionary Review

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

 

SPEAKERS:     None

ACTION:           None – DR was withdrawn

 

F.         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:     Charles Marsteller – re:  item 11, Ward – re:  item 11, Sue Hestor – re:  item 11, Andrew Junius – re:  item 11, Tom Yamamoto – re:  item 11, Armond – re:  item 11

 

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

 

10.       2010.0360C                                                                (R. Crawford: (415) 558-6358)

1423 Polk Street - west side between California and Pine Streets Lot 003, of Assessor’s Block 0646. - Request for Conditional Use Authorization under Planning Code Section 723.42, Full Service Restaurant.  The project would convert the existing commercial space previously used for an antique store (d.b.a. Curiosity) to a Full Service

Restaurant (business name tbd).  This project lies within the Polk Street Neighborhood Commercial District and within the 80-A Height and Bulk District.

                        Preliminary Recommendation: Approval with Conditions

                        (Continued from Regular Meeting of August 5, 2010)

NOTE: On August 5, 2010, following public testimony, the Commission passed a motion of intent to disapprove without prejudice by a vote +5 -2, Antonini and Borden voted against.  Final Language: August 12, 2010.

 

SPEAKERS:     None

ACTION:           Disapproved

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

NAYES:            Antonini and Borden

MOTION:           18165

 

11.       2006.1106E                                                                     (M. JACINTO:  (415) 575-9033)

222 2ND STREET - southwest corner of Second and Howard Streets (Assessor’s Block 3735, Lots 05, 63) - Certification of a Final Environmental Impact Report - The proposed project would involve removal of an existing surface parking lot and construction of a 26-story, approximately 350-foot-tall office tower containing about 430,650 square feet of office space in San Francisco’s southern Financial District. The project would have about 4,800 square feet of retail space and approximately 8,750 square feet of enclosed publicly accessible "indoor park" on the ground floor. The proposed project would also provide 54 parking spaces on two basement levels; about 46 bicycle parking spaces; and two off-street truck loading spaces plus three additional service van spaces in the basement. The proposed project includes acquisition of a portion of adjacent Lot 5 and demolition of an existing loading dock at the 631 Howard Street (William Volker) building, the project site is within the C 3-O (SD) Downtown Office (Special Development) District. Most of the site is within the 350-S height and bulk district, while the northwest corner of the site is within a 150-S height and bulk district. The project sponsor is seeking an amendment of the height and bulk map (rezoning) and a General Plan map amendment to increase the height and bulk limit to 350-S on the entire site.

NOTE: The public review period for the Draft Environmental Impact Report is closed. 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 Environmental Impact Report.

                        (Continued from Regular Meeting of July 22, 2010)

 

SPEAKERS:     None

ACTION:           Approved certification of Final EIR

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

NAYES:            Moore

MOTION:           18166

 

REGULAR CALENDAR 

 

12a.        2006.1106BMXZ                                                            (K. GUY: (415) 558-6163)

222 2ND STREET - southwest corner at Howard Street, Lot 063 of Assessor’s Block 3735 - Request for Addition and Allocation under the Annual Office Development Limitation Program (Planning Code Sections 321, 322). The proposed project would demolish an existing surface parking lot and construct a new 26-story, 350-foot tall building containing approximately 430,650 square feet of office space, approximately 5,000 square feet of ground floor retail space, approximately 28,000 square feet of subterranean parking area, and approximately 8,600 square feet of publicly-accessible interior open space at the ground floor. The subject property is located within the C-3-O(SD) (Downtown Office, Special Development) District and the 150-S and 350-S Height and Bulk Districts.

Preliminary Recommendation: Approval with Conditions.

                        (Continued from Regular Meeting of July 22, 2010)

 

SPEAKERS:     In support:  Carol Shannon, Clark Mannus – Project Architect, David La Torre – Laborers Local 261, Joel Koppel – SF Electrical Industry, Michael Theriault – SF Building Trades, Dan Wheeler – Turner Construction Co.. Dan Harvey, David Alton, Victor Gonzalez; In opposition:  Sue Hestor, Jeneffer Pratt, Ward, Armond, (unnamed speaker) Allan Mark, Craig Patterson, Jonathan Muldoon, Christopher Maud

ACTION:           Following a failed motion to continue items 12a – 12d (+3 -4 with Antonini, Borden, Lee, and Miguel voting against), the Commission approved this item

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

NAYES:            Moore

MOTION:           18170

 

12b.     2006.1106BMXZ                                                                       (K. GUY: (415) 558-6163)

222 2ND STREET - southwest corner at Howard Street, Lot 063 of Assessor’s Block 3735 - Request for a General Plan Amendment (Planning Code Section 340) to amend certain exhibits of the General Plan to reclassify a portion of the subject property from the 150-S to the 350-S Height and Bulk District. The proposed project would demolish an existing surface parking lot and construct a new 26-story, 350-foot tall building containing approximately 430,650 square feet of office space, approximately 5,000 square feet of ground floor retail space, approximately 28,000 square feet of subterranean parking area, and approximately 8,600 square feet of publicly-accessible interior open space at the ground floor. The subject property is located within the C-3-O(SD) (Downtown Office, Special Development) District and the 150-S and 350-S Height and Bulk Districts.

Preliminary Recommendation: Approval with Conditions

                        (Continued from Regular Meeting of July 22, 2010)

 

SPEAKERS:     Same as those listed for item 12a

ACTION:           Following a failed motion to continue items 12a – 12d (+3 -4 with Antonini, Borden, Lee, and Miguel voting against), the Commission approved this item with CEQA Findings

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

NAYES:            Moore and Olague

MOTION:           18167

 

12c.     2006.1106BMXZ                                                                       (K. GUY: (415) 558-6163)

222 2ND STREET - southwest corner at Howard Street, Lot 063 of Assessor’s Block 3735 - Request for a Determination of Compliance under Planning Code Section 309 (Permit Review in C-3 Districts), with exceptions to the requirements for Sunlight Access to Public Sidewalks in C-3 Districts (Planning Code Section 146), Reduction of Ground-Level Wind Currents in C-3 Districts (Section 148), and Bulk Limits (Sections 270, 272). The proposed project would demolish an existing surface parking lot and construct a new 26-story, 350-foot tall building containing approximately 430,650 square feet of office space, approximately 5,000 square feet of ground floor retail space, approximately 28,000 square feet of subterranean parking area, and approximately 8,600 square feet of publicly-accessible interior open space at the ground floor. The subject property is located within the C-3-O(SD) (Downtown Office, Special Development) District and the 150-S and 350-S Height and Bulk Districts.

Preliminary Recommendation: Approval with Conditions.

                        (Continued from Regular Meeting of July 22, 2010)

 

SPEAKERS:     Same as those listed for item 12a

ACTION:           Following a failed motion to continue items 12a – 12d (+3 -4 with Antonini, Borden, Lee, and Miguel voting against), the Commission approved this item

AYES:              Antonini, Borden, Lee, and Miguel

NAYES:            Moore, Sugaya, and Olague

MOTION:           18168

 

12d.     2006.1106BMXZ                                                           (K. GUY: (415) 558-6163)

222 2ND STREET - southwest corner at Howard Street, Lot 063 of Assessor’s Block 3735 - Request to Reclassify (Planning Code Section 302) a portion of the subject property from the 150-S to the 350-S Height and Bulk District. The proposed project would demolish an existing surface parking lot and construct a new 26-story, 350-foot tall building containing approximately 430,650 square feet of office space, approximately 5,000 square feet of ground floor retail space, approximately 28,000 square feet of subterranean parking area, and approximately 8,600 square feet of publicly-accessible interior open space at the ground floor. The subject property is located within the C-3-O(SD) (Downtown Office, Special Development) District and the 150-S and 350-S Height and Bulk Districts.

Preliminary Recommendation: Approval with Conditions

                        (Continued from Regular Meeting of July 22, 2010)

 

SPEAKERS:     Same as those listed for item 12a

ACTION:           Following a failed motion to continue items 12a – 12d (+3 -4 with Antonini, Borden, Lee, and Miguel voting against), the Commission approved this item

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

NAYES:            Moore and Olague

RESOLUTION:   18169

 

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))

 

SPEAKERS:     None

 

EXECUTIVE SESSION: 

 

13.        PLANNING DIRECTOR PERFORMANCE EVALUATION - The Planning Commission will meet in closed session pursuant to San Francisco Administrative Code Section 67.10(b) and Government Code Section 54957(b)(1) to consider Director Rahaim’s performance.

 

SPEAKERS:     None

 

At the conclusion of the closed session, and pursuant to Section 67.10(b) of the San Francisco Administrative Code, the Commission will reconvene in open session and shall by motion and vote elect to:

a)      Disclose no information, or

b)      Disclose information that a majority deems to be in the public interest.

 

ACTION:           Following the Executive/Closed Session, the Commission reconvened in open session and voted to Disclose no Information

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

 

Adjournment:    8:38 P.M.

 

 

Last updated: 9/7/2010 12:05:49 PM