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City and County of San Francisco

December 2, 2010

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SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, December 2, 2010

12:30 PM

Regular Meeting

 

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

COMMISSIONERS ABSENT:  Moore

 

THE MEETING WAS CALLED TO ORDER BY PRESIDENT MIGUEL AT 12:42 P.M.

 

STAFF IN ATTENDANCE:  John Rahaim – Director of Planning, Joshua Switzky, Elizabeth Watty, Rick Cooper, Sharon Lai, Corey Teague, AnMarie Rodgers, Rick Crawford, Aaron Hollister, Delvin Washington, Julian Banales, Mark Luellen, David Lindsay, Scott Sanchez, and Linda Avery – Commission Secretary.

 

1.         CLOSED SESSION

 

·         Public comment on matters to be discussed in Closed Session.

SPEAKERS:           None

·         Motion on whether to assert the attorney-client privilege regarding the matters listed below as Conference with Legal Counsel.

ACTION:                 Approved

·         The Planning Commission Will Go Into Closed Session To Discuss The Following Item:

 

Conference with Legal Counsel – to discuss threatened litigation, potentially arising out of the proposed Park Merced development project, where City may be either defendant or plaintiff in at least one case in either instance, pursuant to California Government Code Section 54956.9(b) and 54956.9(c) and San Francisco Administrative Code Section 67.10(d)(2)

 

Following the closed session, the Planning Commission will reconvene in open session.

 

·         Make announcement following Closed Session.

·         Consideration of motion regarding whether to disclose the discussions during Closed Session.

 

SPEAKERS:     None

ACTION:           Approved a motion to not disclose the discussions that occurred during the Closed Session

AYES:              Antonini, Borden, Sugaya, Olague and Miguel

ABSENT:          Moore

 

 

 

 

1:30 P.M.

 

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.

 

2a.        2009.1170DDD                                                                       (A. STARR: (415) 558-6362)

35 LLOYD STREET (AKA 37-39 LLOYD STREET) - south side between Castro and Scott Streets, Lot 035 in Assessor’s Block 1260 - Requests for Discretionary Review of Building Permit Application No. 2010.05.12.2282 proposing to construct a new four-story, two-unit building on a vacant lot in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

Staff Analysis:  Full Discretionary Review

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

 (Continued from Regular Meeting of October 14, 2010)

NOTE: On October 14, 2010, following public testimony, the Commission continued this item to 12/2/10 by a vote of (+6 -0).  Public hearing remains open.

(Proposed for Continuance to December 9, 2010)

 

SPEAKERS:     Sue Hestor and Todd Mavis

ACTION:           Continued to January 13, 2011

AYES:              Antonini, Borden, Sugaya, Olague and Miguel

ABSENT:          Moore

 

2b.       2009.1170DDDV                                                                     (A. STARR: (415) 558-6362)

                        35 LLOYD STREET (AKA 37-39 LLOYD STREET) - south side between Castro and Scott Streets, Lot 035 in Assessor’s Block 1260 - Request for a rear yard variance pursuant to Section 134 of the Planning Code to construct a new four-story, two-unit building on a vacant lot with a non-complying 20’ wide, 2-story portion at the rear of the building that would extend 12’ into the required rear yard in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District. 

(Continued from Regular Meeting of October 14, 2010)

NOTE: On October 14, 2010, following public testimony, the Zoning Administrator continued this item to 12/2/10 by a vote of (+6 -0).  Public hearing remains open.

(Proposed for Continuance to December 9, 2010)

 

SPEAKERS:     Same as those listed for item 2a

ACTION:           Continued to January 13, 2011

AYES:              Antonini, Borden, Sugaya, Olague and Miguel

ABSENT:          Moore

 

3.         2010.0456C                                                                      (M. WOODS: (415) 558-6315)

2198 FILBERT STREET - northeast corner of Fillmore and Filbert Streets; Lot 019 in Assessor’s Block 0516 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303(c), 725.27 and 725.42, to allow the establishment of a new approximately 2,100 square-foot full-service restaurant (dba Flips and Floats), and to allow hours of operation beyond 2:00 a.m. on certain days, within the Union Street NCD (Neighborhood Commercial District) and 40-X Height and Bulk District. 

                        Preliminary Recommendation:  Approval with Conditions

                        WITHDRAWN

 

 

SPEAKERS:     None

ACTION:           The request for CU was 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

 

4.         2010.0778C                                                                                  (S. Lai:  (415) 575-9087)

3876 NORIEGA STREET - north side, between 45th and 46th Avenues, Lot 064 in Assessor’s Block 2004 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 710.69A and 303, to establish a new self-service specialty food bakery d.b.a. “Devil's Teeth Baking Company“, within the Neighborhood Commercial – Small Scale District (NC-1) and 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     None

ACTION:           Approved

AYES:              Antonini, Borden, Sugaya, Olague and Miguel

ABSENT:          Moore

MOTION:           18230

 

5.         2010.0720C                                                                        (C. Teague: (415) 575-9081)

2505 3rd Street - east side between 22nd and 23rd Streets, Lot 001 in Assessor's Block 4173 - Request for Conditional Use Authorization pursuant to Planning Code Section 226 to convert an approximately 8,300 square foot ground floor space in the existing building into an approximately 5,900 square-foot brewery (dba Magnolia) and an approximately 2,400 square-foot full-service restaurant within a PDR-1-G (Production, Distribution and Repair – General) Zoning District, the Innovative Industry Special Use District, and a 68-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     None

ACTION:           Approved

AYES:              Antonini, Borden, Sugaya, Olague and Miguel

ABSENT:          Moore

MOTION:           18231

 

B.         COMMISSIONERS’ QUESTIONS AND MATTERS

 

Adoption of Commission Minutes – Charter Section 4.104 requires all commissioners to vote yes or no on all matters unless that commissioner is excused by a vote of the Commission.  Commissioners may not be automatically excluded from a vote on the minutes because they did not attend the meeting.

 

6.         Consideration of Adoption:

·         Draft Minutes of Special Meeting of October 21, 2010

·         Draft Minutes of Special Joint Meeting of October 21, 2010

·         Draft Minutes of Regular Meeting of October 28, 2010

·         Draft Minutes of Regular Meeting of November 4, 2010

·         Draft Minutes of Regular Meeting of November 18, 2010

 

SPEAKERS:     Sue Hestor and Paul Fisher

ACTION:           Approved the draft minutes from the special meeting of 10/21/10, the regular meetings of 10/28/10, 11/4/10, and 11/18/10; and continued the draft minutes from the special joint meeting of 10/21/10 to 12/9/10

AYES:              Antonini, Borden, Sugaya, Olague and Miguel

ABSENT:          Moore

 

7.         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:  Over the past year we have lost some major leaders in San Francisco, among them Don Fisher, Walter Shorenstein, and most recently Richard Goldman.  Although a Marin resident most of his life, Mario Ghilotti has recently died.  I think there is a common thread among these leaders that they created so much and gave so much back in charity to their communities.  I think that it is really important that we continue to establish a climate in San Francisco to attract and retain such leaders for the future.  I think that is one or our challenges.  I think Mr. Ghilotti was typical of these leaders and unfortunately his death was caused by a fall at age 88 rushing to his office on a Saturday so he could get his work done and attend his grandson’s football game after it.  This is the kind of drive that was so typical of the people I’ve named.  We need to continue to have more of that in the future.

Commissioner Borden:  I just want the public to be aware that I was selected for a jury and I will not be at the regularly scheduled hearing next Thursday and I will most likely not be at the regularly scheduled hearing the following Thursday.

Commissioner Miguel:  I’ll just mention that I have met with people regarding 2001 Market Street and some individuals regarding the CVS pharmacy projects in San Francisco.

Commissioner Antonini:  I neglected to say that I too have met with representatives of both those same projects also within the last week.

 

C.         DIRECTOR’S REPORT

 

8.         Director’s Announcements

           

Director Rahaim:  Good afternoon commissioners.  I just want to mention a couple of things.  There are two meeting next week I want to remind you of.  I believe you have received notice of them.  One is Wednesday the 8th at 5:45 p.m. at the Department in room 431.  We are hosting a discussion on the Housing Element.  The public is invited.  Also Saturday morning, December 11th at the Department at 10 a.m. we are having a discussion of the Department’s Action Plan and the most recent changes to the Development review Process that we are proposing to you and is the subject of your memo that you have in your packets today as well. With respect to the Action Plan, we will be calendaring this for a full hearing in January.  I just want to call your attention to the memo that is in your packet that outlines the status of the Department’s reforms; and in particular it highlights our proposed revisions to the Development Review process.  As it says in the memo, we have piloted this process with a couple of projects and believe this a very solid way of moving forward and I feel really good with the way staff has come up with this process that I think will be more transparent and create more certainty for project sponsors.  We will have a hearing at both the Planning Commission and the Historic Preservation Commission in January on that item.

I also want to call to your attention the memo regarding vehicle queuing that is in your packets.  You may be aware this has received some media attention.  We had initially proposed this as what we perceived to be a somewhat growing problem of queuing on some types of retail establishments in the city – especially large grocery stores.  There had been discussion as you know – a condition of approval that would require at some point – paying to park if the queuing would continue.  After further analysis of that, what we have proposed is a standard condition in the future for these types of projects that would essentially not allow a queue.  The way the standard condition would read is that there is the responsibility of the owner and the operator to make sure that there is no queuing there and there would be certain conditions that would be put in place that allow us to make that determination and to take further action in the future should there be a queue.  I think this solves the issue.  The goal of the Department with respect to the potential to pay for parking was not to charge for parking but to address the queue.  This condition in fact addresses that more directly and we believe that this is a much more workable solution.  Our proposal is to use this as a standard condition now on future parking spaces of more than 20 spaces.   

 

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

 

BOARD OF SUPERVISORS REPORT:   None

 

BOARD OF APPEALS REPORT:           None

 

HISTORIC PRESREVATION COMMISSION REPORT:    The Commission heard the SoMa Historic Resources Survey yesterday but took no action.  The item was continued to the Commission’s December 15th hearing.  The Commission also continued with its discussion of Article 11 and Section 309 of the Planning Code.  However, this time they took action to approve with modifications both Article 11 and Section 309.  They also expressed an interest in participating in the process of this commission as it moves forward in considering those issues.

 

D.         GENERAL PUBLIC COMMENT – 15 MINUTES

 

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items.  With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting.  Each member of the public may address the Commission for up to three minutes.

 

SPEAKERS:     None

 

E.            REGULAR CALENDAR 

 

10.        2010.0965T                                                                   (T. SULLIVAN: (415) 558-6257)

Ordinance amending Planning Code Section 243 – Van Ness Special Use District to require a Conditional Use Authorization for Other Entertainment Uses - Ordinance proposed by Supervisor Alioto-Pier under Board File No. 10-1091 that would amend the Planning Code Section 243 to require a Conditional Use Authorization for Other Entertainment Uses; and adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

Alioto-Pier does not consent to an extension for our consideration.  She has also not yet requested time on the 12/6/10 Land Use Agenda.  Internal review has not yet occurred.  

                                Preliminary Recommendation: Approval with Modifications

                        (Continued from Regular Meeting of November 18, 2010)

 

SPEAKERS:     Tom Radulovich, Sue Hestor, Terrance Allan and Chris Schulman

ACTION:           Approved as modified

AYES:              Antonini, Borden, Sugaya, Olague and Miguel

ABSENT:          Moore

MOTION:           18232

 

11.        2010.0512C                                                                (R. Crawford: (415) 558-6358)

3132 CLEMENT STREET - northwest corner of Clement Street and 32nd Avenue; Lot 002 in Assessor’s Block 1401 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 703.4 and 713.21, to allow a Formula Retail use and a non-residential use size exceeding 5,999 square feet in area for the establishment of an approximately 14,270 square foot retail pharmacy store (dba CVS), within the Neighborhood Commercial – Shopping Center District (NC-S) and 40-X Height and Bulk District.  The proposed CVS store will occupy a portion of the space formerly occupied by the Albertsons grocery store.

Preliminary Recommendation:  Approval with conditions

 

SPEAKERS:     Andrew Junius – representing the Project Sponsor, Charlie – representing CVS, and James Argo – representing the Neighborhood Association

ACTION:           Approved

AYES:              Antonini, Borden, Sugaya, Olague and Miguel

ABSENT:          Moore

MOTION:           18233

 

12a.      2009.0765DDV                                                                             (C. TEAGUE: (415) 575-9081)

374 – 5th STREET - west side between Folsom and Clara Streets, Lot 008 in Assessor’s Block 3753 - Requests for Discretionary Review of Building Permit Application No. 2010.02.23.6954, proposing to convert the existing 47-room tourist hotel into a 46-room residential hotel, with Single-Room Occupancy (SRO) group housing rooms on the 2nd and 3rd floors, a lobby on the ground floor, and new stair penthouse and roof deck. As provided under the Residential Hotel Conversion and Demolition Ordinance (San Francisco Administrative Code, Chapter 41), 23 of the 46 residential hotel rooms are replacement rooms required by the removal of 23 residential hotel rooms from 235 O’Farrell Street (Case No. 2009.0288C). The new residential hotel at 374 5th Street is within an MUR (Mixed Use Residential) District and an 85-X Height and Bulk District.

                        Preliminary Recommendation: Take DR and Approve with Conditions

                        (Continued from Regular Meeting of September 30, 2010)

NOTE: On September 30, 2010, following discussion, the Commission continued this item to December 2, 2010, by a vote of (+5 -0) with instructions to the project sponsor to continue dialog with the community; and working with Department staff on design, unit size, and amenities. Public hearing remains open.  

 

SPEAKERS:     In support:  Sam Patel – Project Sponsor, Patrick Mora – Project Architect, Antoinetta, Catalina Dean, Jeff Buckley, Elaine Jones, Tim Colen, Randy Shaw, Henry Karnilowicz, Dipak Patel, Russ Keil, Gary Samonsky, and Ilene Dick – representing the Project Sponsor; Neutral or supporting with changes:  Foster Weeks, and Skot Kulper; In support of DR/oppose the project: Azmeer Salleh –  DR Requestor

ACTION:           The Commission took discretionary review and approved the project as revised

AYES:              Antonini, Borden, Sugaya, Olague and Miguel

ABSENT:          Moore

DRA#:              0180

 

 

12b.      2009.0765DDV                                                                            (C. TEAGUE: (415) 575-9081)

374 – 5th STREET - west side between Folsom and Clara Streets, Lot 008 in Assessor’s Block 3753 - Request for Rear Yard Variance to convert the existing 47-room tourist hotel into a 46-room residential hotel, with Single-Room Occupancy (SRO) group housing rooms on the 2nd and 3rd floors, a lobby on the ground floor, and new stair penthouse and roof deck. As provided under the Residential Hotel Conversion and Demolition Ordinance (San Francisco Administrative Code, Chapter 41), 23 of the 46 residential hotel rooms are replacement rooms required by the removal of 23 residential hotel rooms from 235 O’Farrell Street (Case No. 2009.0288C). The new residential hotel at 374 5th Street is within an MUR (Mixed Use Residential) District and an 85-X Height and Bulk District.

                        Preliminary Recommendation: Take DR and Approve with Conditions

                        (Continued from Regular Meeting of September 30, 2010)

NOTE: On September 30, 2010, following discussion, the Commission continued this item to December 2, 2010, by a vote of (+5 -0) with instructions to the project sponsor to continue dialog with the community; and working with Department staff on design, unit size, and amenities. Public hearing remains open.  

 

SPEAKERS:     Same as those listed for item 12a

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

 

12c.      2009.0288C                                                                                (A. HOLLISTER: (415) 575-9078)

235 O’Farrell Street - south side between Powell and Mason Streets, Lot 018 in Assessor’s Block 0326 - Request for Conditional Use Authorization to convert an existing tourist/residential hotel containing 68 tourist hotel rooms and 23 hotel residential rooms to a full tourist hotel containing approximately 59 tourist hotel rooms within the subject building.  No physical expansion of the existing building is proposed.  As provided under the Residential Hotel Conversion and Demolition Ordinance (San Francisco Administrative Code, Chapter 41), the 23 residential rooms currently found at the project site must be replaced, and would be replaced at 374 5th Street.  This site is within a C-3-G (Downtown General Commercial) District and an 80-130-F Height and Bulk District.   

Preliminary Recommendation:  Approval with Conditions

(Continued from the Regular Meeting of September 30, 2010)

NOTE: On September 30, 2010, following discussion, the Commission continued this item to December 2, 2010, by a vote of (+5 -0) with instructions to the project sponsor to continue dialog with the community; and working with Department staff on design, unit size, and amenities. Public hearing remains open.  

 

SPEAKERS:     Same as those listed for item 12a

ACTION:           Approved

AYES:              Antonini, Borden, Sugaya, Olague and Miguel

ABSENT:          Moore

MOTION:           18234

 

13.        2010.0556D                                                                  (A. Hollister: (415) 575-9078)

1500 GRANT AVENUE - northeast corner of Grant Avenue and Union Street, Lot 024 in Assessor’s Block 0104 - Request for Discretionary Review of Building Permit Application No. 2009.10.15.9053, proposing to add a T-Mobile micro wireless telecommunications service facility consisting of a panel antenna shrouded inside a faux vent pipe structure and equipment cabinets.  The faux vent pipe would be mounted on the rooftop of the subject building, while the equipment cabinets would be mounted to the wall of an existing penthouse stair structure.  The subject property is located in the North Beach Neighborhood Commercial District, the North Beach Special Use District, the Telegraph Hill-North Beach Residential Special Use District and a 40-X Height and Bulk District.

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

Staff Analysis:  Full Discretionary Review

(Continued from Regular Meeting of October 14, 2010)

 

SPEAKERS:     None

ACTION:           Without hearing, continued to February 17, 2011

AYES:              Antonini, Borden, Sugaya, Olague and Miguel

ABSENT:          Moore

 

14.        2010.0557D                                                                  (A. Hollister: (415) 575-9078) 

1653 GRANT AVENUE (AKA 501 GREENWICH STREET) - southwest corner of Grant Avenue and Greenwich Street, Lot 001 in Assessor’s Block 0088 - Request for Discretionary Review of Building Permit Application No. 2009.06.26.1437, proposing to add a T-Mobile micro wireless telecommunications service facility consisting of an omni antenna shrouded inside a faux vent pipe structure and equipment cabinets.  The faux vent pipe would be mounted on the rooftop of the subject building, while the equipment cabinets would be mounted to the wall of an existing penthouse stair structure.  The subject property is located in the RM-2 (Residential, Mixed, Moderate Density) District, the Telegraph Hill-North Beach Residential Special Use District and a 40-X Height and Bulk District.

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

Staff Analysis:  Full Discretionary Review

(Continued from Regular Meeting of October 14, 2010)

 

SPEAKERS:     None

ACTION:           Without hearing, continued to February 17, 2011

AYES:              Antonini, Borden, Sugaya, Olague and Miguel

ABSENT:          Moore

 

15.        2010.0558D                                                                   (A. Hollister: (415) 575-9078)

1763 STOCKTON STREET - southwest corner of Stockton and Greenwich Streets, Lot 001 in Assessor’s Block 0089 - Request for Discretionary Review of Building Permit Application No. 2009.11.05.0626, proposing to add a T-Mobile micro wireless telecommunications service facility consisting of a panel antenna shrouded inside a faux vent pipe structure and equipment cabinets.  The faux vent pipe and equipment cabinets would be mounted on the rooftop of the subject building.  The subject property is located in the North Beach Neighborhood Commercial District, the North Beach Special Use District, the Telegraph Hill-North Beach Residential Special Use District and a 40-X Height and Bulk District.

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

Staff Analysis:  Full Discretionary Review

(Continued from Regular Meeting of October 14, 2010)

 

SPEAKERS:     None

ACTION:           Without hearing, continued to February 17, 2011

AYES:              Antonini, Borden, Sugaya, Olague and Miguel

ABSENT:          Moore

 

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

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

 

SPEAKERS:     None

 

Adjournment:           4:02 p.m.

 

Adopted:          December 16, 2010

Last updated: 12/20/2010 11:43:32 AM