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City and County of San Francisco

March 17, 2011

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SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, March 17, 2011

10:30 AM

Regular Meeting

 

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

 

THE MEETING WAS CALLED TO ORDER BY PRESIDENT OLAGUE AT 10:35 A.M.

 

STAFF IN ATTENDANCE:  John Rahaim – Director of Planning, Scott Sanchez- Zoning Administrator, AnMarie Rodgers, Elizabeth Watty, Mat Snyder, Sharon Young, Aaron Starr, Diego Sanchez, Ben Fu, Joshua Switzky, 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.         2009.1163E                                                                            (D. LEWIS: (415) 575-9095)

17th and Folsom Park - north side of 17th Street between Folsom and Shotwell Streets; Lot 18 in Assessor’s Block 3571 - Appeal of a Preliminary Mitigated Negative Declaration. The proposed project would subdivide the 60,925-square-foot parcel, which is currently a 219-space surface parking lot, and construct a 34,300-square-foot neighborhood park that would front on 17th, Folsom, and Shotwell Streets. No structures, including restrooms, are proposed. The remaining 26,625 square feet of the lot would remain in its current use. The project site is located within the Eastern Neighborhoods Rezoning and Area Plans, a Public Use District, and a 50-X Height and Bulk District.

Preliminary Recommendation: Uphold the Preliminary Mitigated Negative Declaration

(Proposed for Continuance to April 14, 2011)

           

SPEAKERS:     None

ACTION:           Continued as proposed

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

 

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.

 

 

2.         Consideration of Adoption:

 

·         Draft Minutes of Regular Meeting of Thursday, February 3, 2011

·         Draft Minutes of Special Meeting of Thursday, February 10, 2011

·         Draft Minutes of Regular Meeting of Thursday, February 10, 2011

 

SPEAKERS:     None

ACTION:           Approved

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

 

3.                                                                                                  (L. AVERY:  (415) 558-6407)

            COMMISSION’S RULES & REGULATIONS – The Planning Commission will hold a public hearing to discuss and consider amending its Rules and Regulations that could include, but is not limited to, establishing parameters for the length of its public hearings; consider amendments to the public’s requests for blocks of time; consider possible amendments for the submitting of documents; and consider other concerns of Commissioners.

            (Continued from Regular Meeting of March 3, 2011)

 

SPEAKERS:     Sue Hester, Steve Atkinson and Marilyn Amini

ACTION:           Following public testimony and Commission deliberation, the Commission Secretary was directed to prepare a draft document that contains the suggested amendments by commissioners and schedule the item for Commission consideration in about a month or so. [The item will come back to the Commission on or about 5/12/11.]  The public hearing will be open.

 

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 did have a meeting this week with the project sponsors of 2535 Dolores.  In view of the events in Japan, we have to be very cognizant of the fact that much of out housing stock is seismically compromised and we have to make sure that we modify or change some of our land use policies to be able to make it possible for owners of these properties to be able to renovate them, particularly now with our very wise look at the historical nature of this housing stock that we are not going to take the tack that we did in the ‘60s, which was a wrong one, to just demolish everything, rather to be able to renovate them and to seismically upgrade them.  I think that is a really important thing to think about as we move forward. 

Commissioner Miguel:   I also met regarding Dolores Street, and I have been having continuing meetings and discussions regard the Veteran’s Administration Medical Center out on Clement Street at 42nd, which although is not in the direct perview of this Commission or the city, effects the neighborhood that surrounds it.  They actually don’t know what they’re doing.  They say they want to go to Pier 70, but they say the want to double the campus out there at the same time.  It’s obviously one or the other.

Commissioner Moore:  I would be interested, as soon as it’s available, from hearing from the center in Berkeley on the effects of this magnitude earthquake relative to our own codes.  And in addition to that, I am interested in how the devastating experience for this particular tsunami plays itself out for us.  We are not immune and some of the information that is being spread around – that because we have a shallow bay it would be less – that is technically incorrect.  I would like to hear some expert opinion on that.

Commissioner Olague:  That would be great.

Commissioner Sugaya:  Just to follow up on that, I think that would be important especially I think with respect to the issue of the seismic performance of the buildings vs. the buildings that were destroyed by the waves and see how the codes performed.

Commissioner Olague:  It would be great to have some sort of presentation, maybe in June.  We are still going to schedule this MTA discussion, right?      

 

C.         DIRECTOR’S REPORT

 

5.         Director’s Announcements

 

Director Rahaim:  I just want to let the Commission know that we have posted the position for the Communications Manager for the Department that is part of the budget which we have recently received approval to hire that position.  It is open until March 29th.  Secondly, you will be receiving a memo in the next week on the census data, which came out recently.  As you may have heard the city’s population, according to the census, is at 805,325 – about a 28,000 person increase from 2000, about a 3.7% increase.  The city continues to be fairly diverse – 49% Caucasian, 33% Asian, down to 6% Black – the Black population has been dropping and is the largest decrease in the city.  The Latino population has grown and is now 15% of the population in the city.  The most growth is in District 6, the South of Market area.  As it is currently configured, it is the largest District in the city.

           

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:

·         Represented by Rich Hillis, Treasure Island/Yerba Buena Island Redevelopment project was before the Land Use Committee

Full Board of Supervisors:

·         Area Plan Waiver Criteria for Affordable Housing – This ordinance would amend the existing waiver of certain Area Plan fees.  The proposed changes contained in this ordinance were considered by this commission on 12/9/10 as a proposal 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 passed the ordinance on final reading.

·         Development Impact and In-Lieu Fees – This proposed 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.  This commission 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 within 30 days of the effective date of the ordinance.  The Board made this last change as an amendment on Tuesday and then approved the ordinance on first reading.

·         Upper Fillmore NCD Changes – This proposed ordinance, sponsored by Supervisor Farrell, would remove the current prohibition against new restaurants in this NCD.  Under this proposal, restaurants would be allowed by CU.  This commission considered the ordinance on 1/13/11 recommending approval but also with the recommendation to allow large fast-food restaurants by CU.  You also respectfully requested that the Supervisor continue additional public outreach.  The Supervisor has worked with the Department and appropriate merchant and neighborhood groups and has amended the legislation to allow large fast-food restaurants by CU; 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; and lastly it would allow a new bar via CU when that bar is provided in conjunction with a full-service restaurant.  With these amendments, the Board approved the ordinance on first reading.

·         Appeal of Calaveras Dam EIR – This appeal and a proposed settlement were heard on Tuesday.  The appellant (East Bay Regional Parks District) had reached a tentative settlement agreement with the PUC prior to the appeal hearing.  However, as you know, no approval action can occur until there is a valid CEQA document in place.  And, in the event the Board did not approve the settlement, the appellant needed to go through with the CEQA appeal to preserve their right to future legal action by exhausting their administrative appeal rights.  At the CEQA hearing, the appellant stated that they are satisfied with the settlement, if adopted by the Board.  The Department has submitted a detailed brief in support of the EIR but only made a brief presentation at the hearing considering the appellant’s statement.  The Board upheld the Planning Commission’s decision to certify the EIR, and then approved the settlement agreement between PUC and EBRPD.

Introductions:

·         Various Park Merced ordinances were introduced including an ordinance amending the General Plan, an ordinance amending the Zoning Map; an ordinance amending the Planning Code; and an ordinance amending the Development Agreement.

·         Supervisor Chiu introduced various pieces of legislation related to the North Beach Branch Library, including the Zoning Map amendment which will be heard by this Commission on April 21.

·         Supervisor Mirkarimi revised an ordinance responding to the Planning Commission’s recommendations on his legislation to create active street frontages on Fillmore Street between Bush and McAllister.

Hearing Request:

·         Supervisors Avalos and Chiu have requested a hearing for an update from the Department of Public Works on the implementation and effectiveness of the 2009 Blight Ordinance amending Administrative Code, Chapter 80, Section 80.4

 

BOARD OF APPEALS:

·         Lawrence Kornfield is taking another assignment and will no longer represent the Department of Building Inspection at the Board of Appeals.  This is a tremendous loss.  I have learned so much from him through his experience and insights.  I would like to take this opportunity to express deep appreciation for all he has given to the city and to me personally.  I wish him all the best in the future.

 

HISTORIC PRESERVATION COMMISSION:

 

 

7.                                                                                             (J. RAHAIM: (415) 558-6411)

Governor Brown’s Proposed Elimination of Redevelopment Agencies

 

SPEAKERS:     None

ACTION:           Informational only – no action

 

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: 

Sue Hestor

Re:       Ways to make meetings go better

Marilyn Amini

Re:       Suggested a joint hearing with DBI in light of the devastating events in Japan

 

1:30 PM

 

E.         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

 

8.         2010.1095C                                                                          (E. Watty: (415) 558-6620)

2323 MARKET STREET - south side between 17th and Noe Streets; Lot 030 of Assessor’s Block 3563 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 721.41, and 790.22, to allow wine and beer service (i.e. the addition of a bar) for customers of the existing retail jewelry store (dba D&H Sustainable Jewelers) within the Upper Market Street NCD (Neighborhood Commercial District) and 50-X Height and Bulk District.

Preliminary Recommendation:  Approval with Conditions

 

NOTE:              This item was removed from the Consent Calendar

SPEAKERS:     In support of the project:  Sean McGinnis – Project Sponsor; In opposition to the project:  Glenn-Milo Santos, Thomas Lin, and David Tan

ACTION:           Approved

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

MOTION:           18296

 

F.            REGULAR CALENDAR 

                       

9.         2006.0422MTUZE                                                              (M. SNYDER: (415) 575-6891)

Executive Park Amended Subarea Plan - Informational Hearing on the proposed amendments to the Executive Park Subarea Plan of the Bayview Hunters Point Area Plan:  The 71-acre Executive Park Subarea Plan Area is a subarea of the Bayview Hunters Point Area Plan, located in the southeastern part of San Francisco, just east of U.S. Highway 101 and along the San Francisco/San Mateo County boundary.    The amended Subarea Plan (Plan) would establish objectives and policies to create a vibrant, predominately residential neighborhood and would address land use, streets and transportation, urban design, community facilities and services, and recreation and open space issues.  In association with the Plan amendments, proposed design guidelines would be established for buildings, streets, pathways, and parking, as well as “green building” approaches.   These amendments are being proposed in association with two development proposals that would include up to 1,600 dwelling units and other associated uses in approximately thirteen buildings.   

Preliminary Recommendation: No Action Required.

 

SPEAKERS:     In support of the project:  George Yerby – Project Sponsor, Jonathan Sharp _ Project team, Clark Manus – Project Architect, Espanola Jackson,, Shaman Walton, Dion Vay Brookter, Claude Everhart, Rev. A. Walker, and Oscar James

ACTION:           Informational only – no action

 

10.        2010.1080C                                                                             (S.Young: (415) 558-6346)

311 DIVISADERO STREET - west side between Oak and Page Streets; Lot 006 in Assessor’s Block 1218 - Request for Conditional Use Authorization under Sections 711.24 and 303 of the Planning Code to add an ‘outdoor activity area’ to an existing full-service restaurant (dba Ragazza) located within the rear yard of a three-story hotel (dba The Metro Hotel) within the NC-2 (Small-Scale Neighborhood Commercial) Zoning District and a 40-X Height and Bulk District. The proposal is to add an outdoor dining area with tables and chairs to accommodate up to 20 restaurant patrons on a 240-square foot patio within the rear yard of the hotel. 

Preliminary Recommendation:  Approval with Conditions

           

SPEAKERS:     In support of the project:  Sharon Ardiana and Laurie Aaronson – Project Sponsors, and Tara Michaels

ACTION:           Approved per staff amended recommendations

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

MOTION:           18297

 

11.        2011.0048D                                                                            (S.Young: (415) 558-6346)

82 - 6TH AVENUE - east side between the Presidio and Lake Street; Lot 023 in Assessor’s Block 1353 - Request for Discretionary Review of Building Permit Application No. 2010.05.28.3473, proposing to (1) construct a three-story rear addition and (2) modify the facade and roof form of a two-story over garage, single-family dwelling within the RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District.

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and approve the project with modifications.

 

SPEAKERS:     None

ACTION:           DR was withdrawn prior to the hearing

 

12.        2009.0229D                                                                          (A. Starr: (415) 558-6362)

2709 LARKIN STREET - west side between Francisco and Chestnut Streets; Lot 002 in Assessor’s Block 0477 - Request for Discretionary Review of Building Permit Application No. 2010.10.19.3380, proposing to expand an existing roof deck over a non-conforming garage at the rear of a three-story-over-basement, one-unit residential building within the RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District.

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Do not take Discretionary Review and approve

 

SPEAKERS:     In support of DR/oppose the project:  Aden Lindorff – DR Requestor; In support of the project/oppose the DR:  John Rescalvo – Project Sponsor

ACTION:           The Commission took DR and approved the project requiring bird-safe railings

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

NAYES:            Moore and Miguel

DRA No:           0203

 

13a.      2009.0173DV                                                                    (D. SÁNCHEZ: (415) 575-9082)

353 SAN JOSE AVENUE - east side of San Jose between 25th Street and 26th Streets; Lot 022 in Assessor’s Block 6531 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of the demolition of residential buildings and their replacement structures, of Building Permit Application No. 2007.12.12.0285 to construct a four unit multifamily building as the replacement structure within an RM-2 (Residential, Mixed, Moderate Density) District with a 40-X Height and Bulk Designation.

Preliminary Recommendation: Do not take Discretionary Review and Approve

            NOTE: On December 16, 2010, following public testimony, the Commission continued the matter to February 10, 2011 by a vote of (+6 -0).  Commissioner Fong was absent. Public hearing remains open.

            (Continued from Regular Meeting of February 10, 2010)

 

SPEAKERS:     In support of DR/oppose the project:  Tom Church; In support of the project/oppose the DR:  Jeremy Schaub – Project Architect and Adilo Shaikh – Project Sponsor

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

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

DRA No:           0204.

 

13b.      2009.0173DV                                                                    (D. SÁNCHEZ: (415) 575-9082)

353 SAN JOSE AVENUE - east side of San Jose between 25th Street and 26th Streets; Lot 022 in Assessor’s Block 6531 - Request for Variance, pursuant to Planning Code Sections 134 and 140, to not provide a code complying rear yard at the ground level or above where a rear yard of 34 feet 8 inches is required and to not provide dwelling unit exposure for two units for construction of a four unit building within an RM-2 (Residential, Mixed, Moderate Density) District with a 40-X Height and Bulk Designation.

            NOTE: ZONING ADMINISTRATOR CONTINUED THE MATTER TO FEBRUARY 10, 2011.

            (Continued from Regular Meeting of February 10 2010)

 

SPEAKERS:     Same as those listed for item 13a.

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

 

14.        2010.1044X                                                                                    (B. FU: (415) 558-6613)

45 LANSING STREET - south side of Lansing Street on a through lot that also fronts Harrison Street, between First and Essex Streets, Lot 059 in Assessor’s Block 3749 -Request under Planning Code Sections 309.1, 352, 825 and 827 to allow modification and re-entitlement of a project approved under Motion No. 17397 within the RH-DTR (Rincon Hill Downtown Residential Mixed Use) Zoning District and 65/400-R Height and Bulk District.  The proposal would increase the number of dwellings from 227 to 320 and number of parking spaces from 227 to 265, and require a determination of compliance under Planning Code Section 309.1, including exceptions to allow greater than one parking space for every two dwelling units, provide off-site open space in lieu of on-site, and allow dwelling units without Code-required exposure.

Preliminary Recommendation: Approval with conditions.

 

 

SPEAKERS:     Steve Atkins and Sue Hestor

ACTION:           Without hearing, continued to 4/14/2011. 

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

 

15a.      2010.0367DDV                                                                              (B. FU: (415) 558-6613)

54-62 Peralta Street - Requests for Discretionary Review for Building Permit Application Nos. 2009.1231.4050 and 2009.1231.4052 proposing to construct two new three-story, two-family dwellings on two adjacent down-sloping lots, in a RH-2 (Residential, Two-Family House) District and a 40-X Height and Bulk District, and within the Bernal Heights Special Use District.          

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Not Take Discretionary Review and approve as proposed.         

(Continued from Regular Meeting of March 3, 2011)

 

SPEAKERS:     In support of DR/oppose the project:  Bob Holden – DR Requestor, Terry Milne, Joan Holden, Carl, Max Kickberg, Lucy Gomez, Rochelle Kimberland, Joan Varney, Mike McCabe, Gabriel Peru, Lew Randal, Cindy Kay, Sean Patrick, Michael Keaton, and David Pilpel; In support of the project/oppose the DR:  Brett Gladstone – representing the Project Sponsor

 

ACTION:           Following public testimony, the Commission continued this item to 7/14/2011.  The public hearing remains open

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

 

15b.      2010.0367DDV                                                                             (B. FU: (415) 558-6613)

54-62 Peralta Street - Request for off-street parking Variance pursuant to Planning Code Section 242(e)(4) for the proposed construction of two new three-story, two-family dwellings on two adjacent down-sloping lots, in a RH-2 (Residential, Two-Family House) District and a 40-X Height and Bulk District, and within the Bernal Heights Special Use District.

(Continued from Regular Meeting of March 3, 2011)

 

SPEAKERS:     Same as those listed for item 15a

ACTION:           Following public testimony, the Zoning Administrator continued this item to 7/14/2011.  The public hearing remains open

 

            6:00 PM   

 

16.        2007.0903MTZUU                                                          (J. Switzky: (415) 575-6815) TREASURE ISLAND/YERBA BUENA ISLAND REDEVELOPMENT PROJECT - Informational Only - Lots 001 and 002 in Assessor's Block 1939 - Informational  presentation to provide an overview regarding the Treasure Island/Yerba Buena Island Redevelopment Project and associated components including: (1) Community Facilities Plan, (2) Transportation Plan, (3) Treasure Island Homeless Development Initiative ("TIHDI") Agreement, (4) Disposition and Development Agreement, (5) Design Review and Document Approval Procedure, (6) Interagency Cooperation Agreement, and (7)  Sustainability Plan.  The project proposes approximately 8,000 dwelling units, 140,000 square feet of retail uses, 100,000 square feet of commercial office space, 500 hotel rooms, 300 acres of open space, and various public service, civic, and institutional uses.

Preliminary Recommendation: Informational Presentation-No action requested

 

SPEAKERS:     Eric Brooks – San Francisco Green Party

ACTION:           Informational only – no action

 

 

 

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:     Eric Brooks –San Francisco Green Party

Re:       It was very refreshing that this hearing started on time – even through no one showed up for it.  However, I want to thank you for getting your ducks in a row on that, and especially Ms. Avery.  I was watching your hearing all day today and she very specifically was on you about making sure that you are scheduling.  So Ms. Avery, I want to thank you for being a good heard-rider on these folks.

 

Adjournment:     6:50 p.m. in memory of those who lost their lives in the Japan earthquake and tsunami.

 

Adopted:          April 14, 2011

 

Last updated: 4/15/2011 1:51:45 PM