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City and County of San Francisco

March 10, 2011 - Regular Meeting

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, March 10, 2011

1:30 PM

Regular Meeting

 

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

 

THE MEETING WAS CALLED TO ORDER BY PRESIDENT OLAGUE AT 1:45 P.M.

 

STAFF IN ATTENDANCE:  John Rahaim – Director of Planning, Scott Sanchez- Zoning Administrator, Aaron Starr, Rick Crawford, Thomas Wang, Edgar Oropeza, Shelley Caltagirone, 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.         2010.0321C                                                                         (S. YOUNG: (415) 558-6346)

1765 WALLER STREET - south side between Stanyan and Shrader Streets; Lot 028 in Assessor’s Block 1250 - Request for Conditional Use Authorization under Sections 121.2, 161(j), and 303 of the Planning Code to legalize the elimination of a residential off-street parking space and to allow a use size that exceeds 2,499 square feet of floor area on the ground floor of a two-story, mixed-use building within the Haight Street Neighborhood Commercial Zoning District, Haight Street Alcohol Restricted Use Subdistrict, and 40-X Height and Bulk District. The residential off-street parking space has been converted to retail commercial space that is used in conjunction with the authorized commercial space at the rear of the ground floor. The expanded commercial space contains 2,870 square feet of floor area.

Preliminary Recommendation:  Pending

                        (Proposed for Continuance to March 17, 2011)

 

SPEAKERS:     None

ACTION:           Continued to May 19, 2011

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

 

2a.        2009.0906CV                                                                  (R. CRAWFORD: (415) 558-6358)

34-36 PLEASANT STREET - north side between Taylor and Jones Streets; Lot 020 in Assessor’s Block 0221 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 253 and 303 to allow to construction of a two story addition to the existing two stories over garage dwelling.  The addition will increase height of the building to approximately 49 feet 9 inches and increase the number of dwelling units in the building from 2 to 3. The project site is located within the RM-3 (Residential Mixed, Medium Density) District, and the 65 A Height and Bulk District.

                        Preliminary Recommendation:  Approval with Conditions

                        (Continued from Regular Meeting of January 20, 2011)

                        (Proposed for Continuance to May 19, 2011)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

 

2b.       2009.0906CV                                                                 (R. CRAWFORD: (415) 558-6358)

34-36 PLEASANT STREET - north side between Taylor and Jones Streets; Lot 020 in Assessor’s Block 0221 - Request for Variances, pursuant to Planning Code Sections 134 to modify the rear yard requirement in the Van Ness Special Use District, to allow an 11 foot deep rear yard where 15 feet is required. The project proposes to construct a two story addition to the existing two stories over garage dwelling.  The addition will increase the number of dwelling units in the building from 2 to 3. The project site is located within the RM-3 (Residential Mixed, Medium Density) District, and the 65 A Height and Bulk District.

                        (Continued from Regular Meeting of January 20, 2011)

                        (Proposed for Continuance to May 19, 2011)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

MOTION:           18295

 

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

 

3.         2011.0011C                                                                           (T. WANG: (415) 558-6335)

4042 24th STREET - on the north side of 24th Street between Castro and Noe streets; Lot 014 in Assessor’s Block 3656 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 728.26 and 303 to allow a walk-up facility (customer pick-up window) that is not recessed three feet from the front property line at the full-service restaurant (d.b.a. Patxi’s Chicago Pizza) within the 24th Street – Noe Valley Neighborhood Commercial District and a 40-X Height and bulk District.

Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     None

ACTION:           Approved

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

MOTION:           18294

 

C.         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 Moore:  I’d like to acknowledge staff winning the Charter Award from the congress of New Urbanism on the Better Streets Plan.  It is a highly coveted awards program with hundreds of submittals and roughly 12 awards being given under the category of Block, Street and Building.  It is great achievement and I think it puts San Francisco again on the map for how we maintain our urban infrastructure and moving it more from car-dependant streets to pedestrian oriented, character given, city image type of streets.  I’m really happy about that.  The second thing I’d like to ask is regarding an item that is on the latter part of our calendar today.  I got several calls from people in the community about whether SFGOVTV will be broadcasting our 6:00 hearing.  Many people cannot come, but they have a great deal of interest to hear the discussion between the two commissions on CPMC.  I hope we will get a positive nod on my question.

Secretary Avery:  Generally SFGTV broadcasts this commission as long as we are in session and this commission will be in session as part of the joint hearing, so I can only affirm that we will be broadcast.

Commissioner Antonini:          I met with Ben [Goalvin] from a group that is involved with the Booker T. Washington – 800 Presidio project, and I’ve also met with some neighborhood groups that are concerned with the project; I’ve met with representatives of United Paragon and George [Yourby] and other companies involved in Executive Park which will be before us in a couple of weeks; and thirdly I was happy to hear that Mayor Lee has proposed an idea to perhaps eliminate payroll tax which would be a huge incentive for businesses to stay in San Francisco.

Commissioner Fong:   I too had an opportunity to go out and take a look at the Booker T. Washington site and have met with neighbors as well.  I also took a tour of Executive Park and I agree that going out there physically and seeing the location of the proposed project is beneficial.

Commissioner Miguel: During the week I met with people regarding Hyde Street, Edgewood, and Lansing, as well as a coalition of groups on CPMC.  I had the pleasure of attending a noon time forum at the Department partially on the Chinatown T-line extension, but more generally on social equity projects in the city.  It was very well attended at the Department.

Commissioner Antonini:          I also met with groups regarding, I believe, 1945 Hyde and 45 Lansing in the last week.

 

D.         DIRECTOR’S REPORT

 

5.         Director’s Announcements

 

Director Rahaim:          I also want to acknowledge as Commissioner Moore did, staff’s work in getting the recognition on the Better Streets Plan, an award by the Congress for New Urbanism.  It was one of nine awards given this year and it is a very prestigious award.  I want to thank staff, particularly David Alumbaugh and Adam Varat who is the Project Manager on that, and congratulate them. 

If I might, I want to spend a couple of minutes updating the Commission on the status of the Governor’s proposed legislation regarding Redevelopment Agencies.  Initially the Governor proposed eliminating the tax-increment financing function which is the primary funding for Redevelopment Agencies and its activities.  The City, along with nine other cities in the state, proposed an alternative measure to that to allow some funding from tax-increment to go back into the stat’s coffers.  Two weeks ago the Governor rejected that proposal.  Subsequent to that there has been a trailer piece of budget legislation submitted by the State Finance Department to require the elimination of the Redevelopment Agency by July 1.  It would require them to be dissolved by July 1 of this year and it would require them, immediately upon the signature of the Governor, to cease all activities other than paying out contractual obligated funding.  This could happen in the next week or two and that would go into effect immediately.  Besides the existing Redevelopment Plans, there is some provision in this legislation that would allow some plans that have reached a certain completion to continue.  It is not totally clear what that means in the legislation.  In addition, the legislation does allow what is called a “successor agency” that would carry out the fiduciary responsibility of the Redevelopment Agency – namely to pay the bills that they have agreed to pay under contract.  Specifically with regard to the Planning Department, there are two obvious ways that we will have to get involved if this should go forward.  One is that we would likely be asked to take over the planning and entitlement functions within all the Redevelopment areas.  That would add substantially to the portfolio of the Department overnight.  That clearly has budgetary staffing implications that we would have to figure out.  The second thing is the zoning – the code function on those sites which is under the jurisdiction of the Agency.  So within the short timeframe that we have, we would likely be putting forward legislation that would convert the existing Redevelopment Agency zoning to city code zoning which would have to effective July 1 in order for the city’s Planning Code to take over the control of the sites in the Redevelopment areas.  That is the status as I know it. 

     

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:

·         Zoning Map Amendment – Correction to Market and Octavia Area Plan:  This proposed ordinance, sponsored by Supervisor Mirkarimi, would amend the zoning map to reflect the actions by the commission.  The Planning commission approved the Market & Octavia Plan on 4/5/07.  At some point after transmittal of the commission’s recommendations to the Board and prior to final action by the Board, some of the pages of the zoning map ordinance were inadvertently omitted.  Although the Board voted on zoning maps that were consistent with the Commission’s action, some of the pages that listed the zoning changes were not included.  The proposed ordinance heard by the Land Use Committee would correct this error.  This week the Committee recommended approval of the ordinance to the full Board.

·         Upper Fillmore NCD changes:  This proposed ordinance, sponsored by Supervisor Farrell, would remove the current prohibition against new restaurants in this NCD.  Under the proposal, restaurants would be allowed by CU.  This Commission considered the ordinance on 1/13/10.  At that time you recommended approval but with the recommendation to also allow large fast-food restaurants by CU.  You also respectfully requested that the supervisor continue additional public outreach.  Since your recommendation, the supervisor worked with the Department and appropriate merchants and neighborhood groups.  The Supervisor then amended the legislation in three ways.  First, per your request, the ordinance would now allow large fast-food restaurants.  Second, the legislation was also amended to specify that when the Commission considers restaurants in this area, the Commission shall consider whether the use would propose lunch service or other daytime usages in order to limit the number of such businesses that have no daytime activity.  Lastly, the ordinance would allow a new bar via CU when that bar is provided in conjunction with a full-service restaurant.  With these amendments, the Land Use Committee recommended approval of the ordinance.

·         Development Impact and In-Lieu Fees:  This ordinance, sponsored by the Mayor, would amend Article 4 to clarify language, eliminate confusion as to when the requirements must be met, increase consistency between the way impact fees are administered and correct errors in cross-referencing.  Commissioners, you heard this item on 12/16/10.  At that time you recommended approval.  Since you heard the ordinance, the mayor has amended it to include suggestions from both the Mayor’s Office of Housing and the Controller’s Office.  Among these changes was the addition of an uncodified section that will allow this year’s adjustment of all fees for inflation in April.  With these amendments, the Land Use Committee recommended approval to the Full Board.

 

Full Board of Supervisors:

·         Area Plan Waiver Criteria for Affordable housing:  This proposed ordinance would amend the existing waiver of certain Area Plan fees.  The proposed changes contained in this ordinance were considered by the Planning Commission on 12/9/10 as part of a proposed ordinance to amend the Visitacion Valley Amendment.  At that time, the Planning Department recommended that the legislation be approved as proposed but the Commission did not pass a recommendation.  Instead, the Commission made a respectful recommendation that supervisor Maxwell continue working with all parties on the issue of fees.  This week the Board approved the ordinance on first read.

Introductions at the Board of Supervisors of by the Mayor:

·         Ordinance amending Planning Code Section 608.14 regarding the authorization of historic signs, introduced by Supervisor Campos:  This ordinance is meant to address the “Coke Sign” in Bernal Heights.

·         Ordinance amending Planning Code Section 781.4, introduced by Supervisor Mar:  This amendment would prohibit formula retail pet supply stores in the Geary Blvd. Fast-Food Subdistrict and would change the name of the Subdistrict to reflect this new prohibited use.

·         Ordinance introduced by the Mayor to amend the Administrative Code regarding Conversion of Large Tourist Hotels to Condominium Projects:  This ordinance would extend the deadline for Planning Commission approval of applications for conversion of Large Tourist Hotels to condominium projects.  Commissioners, unlike the other ordinances, this ordinance does not amend the Planning Code.  Therefore, we would like your guidance as to whether you would like a hearing on this item so that you may make recommendations to the Board.

Hearing Requests:

·         Supervisor Elsbernd requested an informational hearing on Park Merced

·         The Mayor requested an informational hearing on Treasure Island/Yerba Buena Island

Board of Appeals:

·         1338 Filbert Street – a jurisdictional request:  The Board continued the item for one week to get additional information

·         2601 Van Ness Avenue – a jurisdictional request:  The Board denied the request

·         280 Divisadero Street – appeal on a Certificate of Appropriateness:  With only 4 Board members present, a unanimous vote would be needed to overturn the Commission and the Board was split, so the item was continued to May to allow more time

·         134-136 Ord Street – the building permit was withdrawn prior to the hearing

Historic Preservation Commission:

No report

 

7.         2011.0070I                                                                (R. CRAWFORD:  (415) 558-6358)

1355 SANSOME STREET - southwest corner of Sansome and Greenwich Streets Lot 048, of Assessor’s Block 0085 Informational Presentation on Draft Institutional Master Plan (IMP), pursuant to Planning Code Section 304.5.  The Hult International Business School’s IMP contains information on the nature and history of the institution, the location and use of affiliated buildings, and development plans within the C-2, Community Business and 84-E Height and Bulk Districts (Downtown, Retail) District, and the 80-130 F Height and Bulk District. 

Preliminary Recommendation:  Informational presentation, no action requested

 

SPEAKERS:     In support of the project:  Lee Moulton – Project Architect, and Maurzczo Vorgara – Faculty member of Hult; In opposition to the project:  Joe Luttrell

ACTION:           The public hearing for the IMP was closed accepting the IMP as proposed with instructions to the Project Sponsor to meet with neighbors to address their concerns and notify the Director of Planning of the meeting who will in turn inform the Commission

 

E.         GENERAL PUBLIC COMMENT – 15 MINUTES

 

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

 

SPEAKERS:

Manny Flores – Local 22

Re:  He gave a status report of two projects that had previously come before the commission

 

F.            REGULAR CALENDAR 

 

8.         2009.0378C                                                                   (E. Oropeza:  (415) 558-6381)

224 Townsend Street - between Ritch and Clyde Streets; Lot 013 in Assessor’s Block 3787 - Request for Conditional Use Authorization to establish a “Public Automobile Parking Garage” use for up to five years per Planning Code Sections 817.30 and 890.12 all within the SLI (Service Light Industrial) District, and a 65-X Height and Bulk District.

Preliminary Recommendation:  Approval with Conditions

                                                                                               

SPEAKERS:     In support of the project:  Brett Gladstone – representing the Project Sponsor, Chris Kelton, Lia Grass, and Mr. Lang – Project Sponsor; In opposition to the project:  Corinne Woods

ACTION:           Approved

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

RECUSED:       Antonini

MOTION:           18295

 

9a.        2010.0162DDV                                                            (R. CRAWFORD: (415) 558-6358)

1945 HYDE STREET - west side at Russell Street; Lot 002 in Assessor's Block 0123 - Requests for Discretionary Review of Building Permit Application No. 2010 0517 2557 proposing to convert a 58 stall parking garage to a mixed use building with 7 dwelling units, 14 parking spaces and a commercial unit.  The project will add a one-story vertical addition to the top of the building that will be setback 12 feet from the front wall and 10 feet from the rear property line within the NC-1 (Neighborhood Commercial Cluster) Zoning District and 40-X Height and Bulk District.

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Do not take Discretionary Review and approve

 

SPEAKERS:     In support of the DR/oppose the project:  Marvin – DR requestor, Jonnie Terry – DR requestor, Kathleen Courtney, Joe Butler, Richard Lerner, Michele Sudden, Mark Kessler, Scott Edmondson, Linda Marks, Richard Cardello, Steve Taber, Joanne Allen, Heather Cogswell, Tina Moylan, Harvey Hacker, Joe Hainey, Joan Cooke, Kris Anderson, Myra Krieger, Bob D’Arcy, and Chris Farris; In support of the project/oppose the DR:  John Willis – Project Sponsor, Joey – Project Architect, Tim Colen – SFHAC, and Steve Vettel – representing the Project Sponsor

ACTION:           Following hearing, the commission continued the item to 5/19/11 with instructions to the project sponsor.  The public hearing remains open

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

 

9b.       2010.0162DDV                                                               (R. CRAWFORD: (415) 558-6358)

1945 HYDE STREET - west side at Russell Street; Lot 002 in Assessor's Block 0123 - Request for Variance, pursuant to Planning Code Section 134 to modify the rear yard requirement in the NC-1 District. The project proposes to convert a 58 stall parking garage to a mixed use building with 7 dwelling units, 14 parking spaces and a commercial unit.  The project will add a one-story vertical addition to the top of the building that will be setback 10 feet from the rear property line where a setback of 25 feet is required within the NC-1 (Neighborhood Commercial Cluster) Zoning District and 40-X Height and Bulk District.

                       

SPEAKERS:     Same as those listed for item 9a

ACTION:           Following hearing, the Zoning Administrator continued this item to 5/19/11.  The public hearing remains open.

           

10a.      2011.0088DDDDV                                                    (S. CALTAGIRONE:  (415) 558-6625)

184 EDGEWOOD AVENUE - east side, south of the intersection with Belmont Avenue; Lot 028 in Assessor’s Block 2642 - Requests for Discretionary Review of Building Permit Application No. 2010.08.18.9020, proposing to raise the building by approximately 1’-6” and to horizontally extend all floor levels towards the rear of the three-story single-family house within the RH-1(D) (Residential, House, Single-Family, Detached) Zoning District and 40-X Height and Bulk District.

Staff Analysis: Full Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and approve with modifications.

 

SPEAKERS:     In support of the DR/oppose the project:  James Robinson – DR requestor, the architect for the DR requestor, Tora Smith – DR requestor, James Campbell, Michael O’Callahan, James O’Neil, Nancy bush, Alan Skolnidoff, Chuck Gardner, Barbara Stevenson, and Steve Vettel – representing the Robinsons; In support of the project/oppose the DR:  John de Benedetti – Project Sponsor, Bob Planthold, David Gast – project Architect, Nina Srejovic – Project Sponsor, Natalie de Benedetti – daughter of Project Sponsors, Assistant to Mr. de Benedetti, and Mike McClain

ACTION:           The commission took DR and approved the project with modifications to reduce the side setback (add footage) by two feet making sure the decks align on the upper floors, and reduce the rear depth by two feet.

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

DRA No:           0202

           

10b.      2011.0088DDDDV                                                  (S. CALTAGIRONE:  (415) 558-6625)

184 EDGEWOOD AVENUE - east side, south of the intersection with Belmont Avenue; Lot 028 in Assessor’s Block 2642 - Request for Side Yard and Non-Complying Structure Variances, pursuant to Planning Code Sections 133 and 188 to raise the building by approximately 1’-6” and to construct a chimney within the existing south side yard. The three-story single-family house is located within the RH-1(D) (Residential, House, Single-Family, Detached) Zoning District and 40-X Height and Bulk District.                                

 

SPEAKERS:     Same as those listed for item 10a

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

           

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))

 

None

 

Adjournment:    6:32 p.m.

 

Adopted:       April 7, 2011

Last updated: 4/8/2011 1:51:00 PM