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City and County of San Francisco

August 4, 2011

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SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

 

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, August 4, 2011

12:00 PM

Regular Meeting

 

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

COMMISSIONERS ABSENT:     Antonini

 

THE MEETING WAS CALLED TO ORDER BY PRESIDENT OLAGUE AT: 12:20 PM

 

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Rick Crawford, Christina LaMorena, Diego Sanchez, Ben Fu, Corey Teague, Sara Vellve, Joshua Switzky, Susan Exline, 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.         2011.0101C                                                                   (D. Sánchez: (415) 575-9082)

405 VALENCIA STREET - southeast corner of 15th Street, Lot 029 in Assessor’s Block 3554 - Request for Conditional Use Authorization under Planning Code Sections 726.83 and 303 to install a wireless transmission facility consisting of three panel antennas on an existing mixed use building with a preference location number 2 (preferred location) within the Valencia Street Neighborhood Commercial Transit District and a 55-X Height and Bulk District.

            Preliminary Recommendation: Approval with Conditions

            (Proposed for Continuance to September 15, 2011)

 

SPEAKERS:      Joaquinn Welch

ACTION:            Continued as proposed

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

ABSENT:          Antonini

 

2.         2010.0094X                                                                               (B. FU: (415) 558-6613)

740 ILLINOIS & 2121 3rd STREETS - through lot bounded by 3rd, Illinois, 18th and 19th Streets, Lots 002 and 006 in Assessor’s Block 4045 - Request under Planning Code Section 329 for Large Project Authorization and exceptions for rear yard, dwelling unit exposure and ground floor active uses for the proposed construction of a six-story, 104-unit residential building with off-street parking for up to 78 spaces.  The subject property is located within the UMU (Urban Mixed Use) District with a 68-X Height and Bulk Designation.

                (Proposed for Continuance to September 15, 2011)

 

SPEAKERS:      None

ACTION:            Continued as proposed

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

ABSENT:          Antonini

 

3.         2011.0172T                                                                         (A. STARR: (415) 558-6362)

Proposed Changes to Restaurant, Video Stores, and Related Land Use Controls.  The Commission will consider an Ordinance introduced by Supervisor Mirkarimi concerning self-service restaurants, retail coffee stores, and video stores as well as additional recommendations by Planning staff to consolidate existing restaurant definitions and controls.  Specifically, the proposed Ordinance would  amend the San Francisco Planning Code by amending Sections 710, 730, 733A, 733A.1, 790.90, 790.91, and 790.102 of the Planning Code to: (1) increase the maximum use size for Small Self-Service Restaurants in Neighborhood Commercial Districts to that of the non-residential use size limit for the district and eliminate the limit on the number of seats; (2) increase the minimum size for Large Self-Service Restaurants in Neighborhood Commercial Districts to that of the non-residential use size limit for the district; (3) principally permit Small Self-Service Restaurants and Video Stores in Neighborhood Commercial Cluster (NC-1) and Neighborhood Commercial Transit Cluster (NCT-1) Districts; (4) conditionally permit Large Self-Service Restaurants in the Inner Sunset Neighborhood Commercial District; (5) require that mechanical noise and vibration from Self-Service Restaurants be confined to the premises; and (6) remove the prohibition of on-site food preparation and cooking and reheating equipment in Retail Coffee Stores; adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1.

            Preliminary Recommendation: Adoption

                        (Continued from Regular Meeting of May 26, 2011)

                        (Proposed for Continuance to October 6, 2011)

 

SPEAKERS:      None

ACTION:            Continued as proposed

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

ABSENT:          Antonini

 

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.         2011.0026C                                                                 (R. Crawford: (415) 558-6358)

2238 POLK STREET - east side between Green and Vallejo Streets; Lot 015 in Assessor’s Block 0549 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 121.2, 723.21 and 723.42 to develop a full service restaurant exceeding 1,999 square feet in area.  The proposal would develop a 2,190 square foot full service restaurant, (d.b.a. Gioia Pizzaria) in vacant commercial spaces formerly occupied by a hair salon and a health food store at 2238 Polk Street within the Polk Street Neighborhood Commercial District and 65-A Height and Bulk District.

            Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:      None

ACTION:            Approved

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

ABSENT:          Antonini

MOTION:           18420

 

5.         2011.0543C                                                                (C. Lamorena:  (415) 575-9085)

1244 9th AVENUE -   east side between Lincoln Way and Irving Street; Lot 028 in Assessor’s Block 1742 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 730.51, to convert vacant commercial space previously occupied by an insurance office (d.b.a. Stewart Title Guaranty Company) into a medical service use as a pediatric dental and orthodontic office (d.b.a. Park Smile Children’s Dentistry and Orthodontics) on the ground floor of a two-story mixed-use building within the Inner Sunset Neighborhood Commercial Zoning District and 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:      None

ACTION:            Approved

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

ABSENT:          Antonini

MOTION:           18421

 

6.         2011.0513C                                                                (C. Lamorena:  (415) 575-9085)

3150 GEARY BOULEVARD - northeast corner of Geary Boulevard and Spruce Street; Lot 067 in Assessor’s Block 1066 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 703.3, to establish a formula retail use (a flooring store d.b.a. Lumber Liquidators) in a vacant commercial space of approximately 1,800 square feet on the ground floor of a four-story mixed-use building within the NC-3 (Neighborhood Commercial, Moderate-Scale) Zoning District and 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:      None

ACTION:            Approved

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

ABSENT:          Antonini

MOTION:           18422

 

7.         2011.0253C                                                                   (D. Sánchez: (415) 575-9082)

555 MINNA STREET - south side between Russ and 7th Streets, Lot 092 in Assessor’s Block 3726 - Request for Conditional Use Authorization under Planning Code Sections 813.21 and 303 to demolish an existing 2,000 square foot vacant building and establish a Social Service Use (d.b.a. South of Market Health Center) within the one story replacement structure within the Residential Enclave District and a 45-X Height and Bulk District.

            Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:      Evelyne Fotiadi

ACTION:            Approved

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

ABSENT:          Antonini

MOTION:           18423

 

8.         2010.0978C                                                                      (D. Sánchez: (415) 575-9082)

804 BRYANT STREET - northwest corner of 6th and Bryant Streets, Lot 011 in Assessor’s Block 3759 - Request for Conditional Use Authorization under Planning Code Sections 817.73 and 303 to install a wireless transmission facility consisting of nine panel antennas on an existing commercial building with a preference location number 4 (preferred location) within the Service/Light Industrial District and a 30-X Height and Bulk District.

            Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:      None

ACTION:            Approved

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

ABSENT:          Antonini

MOTION:           18424

 

9a.        2011.0325CV                                                                             (B. FU: (415) 558-6613)

144 KING STREET - north side between 2nd and 3rd Streets, Lot 024 in Assessor’s Block 3794 - Request under Planning Code Sections 303 and 216(b)(i) for authorization to extend approval for a proposed project for three additional years.  The project, approved under Motion No. 17094, is demolition of an existing one-story warehouse building and construction of an 11-story, 130-room hotel with no off-street parking.  The proposed extension would be to September 8, 2014.  The property is located within an MUO (Mixed Used - Office) Zoning District (former M-2 Zoning Distr ict) and a 105-F Height and Bulk District.  No other changes to the project are proposed at this time.

            Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:      None

ACTION:            Approved

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

ABSENT:          Antonini

MOTION:           18425

 

9b.       2011.0325CV                                                                             (B. FU: (415) 558-6613)

144 KING STREET - north side between 2nd and 3rd Streets, Lot 024 in Assessor’s Block 3794 - Request for time extension of Variances previously granted for  floor area ratio and bay projection under Planning Code Sections 124 and 136(c)(2).  The project, approved under Motion No. 17094, is demolition of an existing one-story warehouse building and construction of an 11-story, approximately 130-room hotel with no off-street parking.   The property is located within an MUO (Mixed Used - Office) Zoning District (former M-2 Zoning District) and a 105-F Height and Bulk District.  No other changes to the project are proposed at this time.

 

SPEAKERS:      None

ACTION:            Acting Zoning Administrator John Rahaim granted the requested extension

 

10.        2011.0394C                                                                     (C. Teague:  (415) 575-9081)

2966 MISSION STREET - west side between 25th and 26th Streets, Lot 006 in Assessor's Block 6529 - Request for Conditional Use Authorization to allow a "Small Self-Service" restaurant (d.b.a. Hot Press SF, Inc) in the Mission Street NCT (Neighborhood Commercial Transit) Zoning District, 45-X/65-B Height and Bulk District, and the Mission Alcoholic Beverage Special Use District.

            Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:      None

ACTION:            Approved

 

 

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

ABSENT:          Antonini

MOTION:           18426

 

C.         COMMISSIONERS’ QUESTIONS AND MATTERS

 

11.        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 would like to share an event regarding the Chinatown Development Corporation last Friday.  A group of 12 young, enthusiastic interns took eight weeks and divided into three teams to analyze the problems of Chinatown.  It was a remarkably insightful analysis and interesting set of recommendations that came from students raging from the age of just graduating from high school to a genius and seniors already enrolled in college.  It was a wonderful event.  The Planning Department attended in addition to Supervisor Kim and people from Supervisor Chu's office.  I do hope the Planning Department engages strongly to teach young people about urban activism, planning, and design matters.  I was very impressed.  The students themselves are off to various destinations.  I encourage Gloria Flores to keep the record of these findings as part of the base data for when this Department moves into looking at Chinatown.
Commissioner Miguel:  

During the week, I have met with the Jewish Home regarding their Institutional Master Plan that is in the process at the moment as well as with representatives of the California Nurses Association.

 

D.         DIRECTOR’S REPORT

 

12.        Director’s Announcements

 

John Rahaim, Director of Planning:

I just have one announcement today. I wanted to let you know that staff is conducting a second workshop on the Chinatown - Broadway Street Design Project. That will take place on Thursday, August 16, from 4:30 until 7:00 at the Elementary School at 950 Clay Street. They will present several plans for Chinatown, at the Gordon Lau Elementary School.

 

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

 

LAND USE COMMITTEE:  cancelled this week

 

FULL BOARD OF SUPERVISORS:

 

§  110592 Inner, Outer Clement and Geary NC Controls.  Commissioners, you heard this item sponsored by Supervisor Mar on July 14, at that time you recommended approval with modifications.  Supervisor Mar amended the Ordinance to include your recommendations, except for one.  First you recommended permit one additional restaurant in the Inner Clement and then allow additional restaurants in both the Inner and Outer Clement by CU.  The Supervisor accommodated this request as it still is a relaxation from the existing controls. Second, you recommended to remove the prohibition on Formula Retail Pet Supply Stores. Although Supervisor Mar did not remove this prohibition, there was discussion of this at both the Committee and the Board.  This week the Board approved Supervisor Mar’s Ordinance on FINAL reading[1].

§  Limited Live Performance.  Commissioners, you heard this item sponsored by Supervisor Mirkarimi on July 7.  This Ordinance would to create a Limited Live Performance Permit for indoor locales whose primary function is not presentation of live performances.  At that time, you recommended approval with modifications. You requested that the Ordinance be amended to extend the opportunity for small-scale entertainment to be considered an accessory use in the SOMA, West Portal, and Pacific Avenue districts.  At the Land Use hearing Supervisor Mirkarimi incorporated all of your modifications, except one.  On the request of Supervisor Kim, he has amended the Ordinance so that it allows this entertainment use in the SoMa Districts—but only in the areas not involved in the Western SoMa Community Planning Process.  The ordinance would initially limit performances to 10pm, however, after 1 year a Limited Live Entertainment Permittees may ask the Director of the Entertainment Commission to extend the hours of performance.  This week at the Full Board hearing, Board President Chiu and Supervisor Farrell introduced amendments for their districts that would not permit an extension in hours beyond 10pm for the Union Street, Chestnut, North Beach and Polk St Commercial Districts.  Supervisor Farrell also added a noticing provision where interested parties could “opt-in” and request notice about LLE permits.  With these amendments, the Full Board passed the Ordinance on first reading.

 

§  Board Approved a Resolution Establishing their own response to the Parkmerced Civil Grand Jury.  The Board disagreed with the Civil Grand Jury’s Findings No 1-5 and incorporated the Office of Economic and Workforce Development’s responses as their own.  This Resolution was adopted 6-5.[2]

 

§  1945 Hyde Street Cat Ex Appeal- Commissioners, on June 16, you heard a Discretionary Review on the related project. The project would convert a parking garage into a three-story over basement, 7-unit residential building, with 17 parking spaces on stackers and a small commercial space along Hyde Street. At the DR hearing, you modified the project and included additional setbacks.  The Russian Hill Community Association appealed the Cat EX stating that the project would have a range of significant impacts that were not identified in the exemption.  However, the appellant did not specify aspects of the exemption that they considered inadequate—instead they asked that the Department respond to 70+ pages of comments submitted during the Cat Ex review.  The comment letters that are cited in the appeal made a variety of points about the character of the site and surroundings; historic resources, transportation; existing plans and policies, noise, and aesthetics. Given the upcoming Recess and the requirements for holding a prompt hearing, the Department had to prepare a lengthy response in short order.  The Department’s quickly prepared thorough response of 70+ pages explained how the exemption adequately addressed each topic, an effort that took over $10k to prepare.  With this additional material, we again concluded that the project qualifies for an exemption under Section 15332 of the CEQA Guidelines and has no significant impacts.  At the appeal hearing this week, the appellant and their supporters failed to appear and provided the board with a letter stating there continued objection to the project.  After short presentations from the Department and the project sponsor, the Board upheld the Cat Ex 11-0.

 

Board of Appeals:

 

No Report Given

 

 

 

HISTORIC PRESERVATION COMMISSION:

 

The Historic Preservation Commission did meet yesterday. The two items of note were the Draft Environmental Impact Reports for the America's Cup and San Francisco MOMA. The Commission decided not to draft a letter for SFMOMA. There was only one real concern and staff made note of it to forward to the Environmental Review Officer. For the America's Cup, there was also no public testimony.  However, the Commission decided to continue the item and leave it open for their consideration at the next hearing.  Although there might not be any concerns at that hearing, they wanted the opportunity to take more time to study the document.

 

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.

 

F.         REGULAR CALENDAR 

 

14.        2011.0450C                                                                        (S. Vellve: (415) 558-6263)

55 LAGUNA STREET (aka 218-220 Buchanan Street) - most of the blocks bound by Laguna, Haight, Buchanan and Hermann Streets, Lots 1, 2 and portion of Lot 3 in Assessor's Block 0870 and Lots 1 and 1A in Assessor's Block 0857 - Request for Conditional Use Authorization pursuant to Planning Code Section 303 to modify Conditions 20, 21 and 29 of Motion No. 17537 (Case No. 2004.0773C) to allow a mix of on-site affordable below-market-rate dwelling units and payment of an affordable housing fee to satisfy the requirements of Planning Code Section 415 for this mixed use project that was approved by the Planning Commission in 2008, within RM-3 (Residential, Mixed, Medium Density) and NC-3 (Neighborhood Commercial, Moderate Scale) Zoning Districts, the Laguna, Haight, Buchanan and Hermann Streets Special Use District, and 40-X, 50-X and 85-X Height and Bulk Districts.  The requested modifications to Motion No. 17537 would not alter the overall number of market rate or affordable senior dwelling units to be provided in the development nor would the modifications affect any physical aspects of the development.

                        Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     In support:  Steve Vettel, Seth Killbourn, Teresa Yanga, Jazzie Collins, Tim Colen, Jeri Raimondi, Victoria Grace, M.J. Isabell, Jesse Flores, Pamela Quiton, and Felicia Alejandro; Expressed concerns:  Cynthia Serventhick, Jason Henderson,

ACTION:            Approved

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

ABSENT:          Antonini

MOTION:           18427

 

            15.                                                                                                 (J. RAHAIM; (415) 558-6411)

            PLANNING COMMISSION RESPONSE TO GRAND JURY REPORT ON PARKMERCED - The San Francisco Civil Grand Jury issued a report on May 17, 2011 regarding the Parkmerced project containing a number of findings and recommendations. The Planning Commission is required to respond within 60 days to each finding and recommendation. In coordination with the Office of Workforce and Economic Development and the City Attorney's office, staff has drafted a response letter for the Commission's review.

Preliminary Recommendation: Approve the draft response letter to the Grand Jury

(Continued from Regular Meeting of July 21, 2011)

 

SPEAKERS:      None

ACTION:            Approved the modified letter dated 8/4/11

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

ABSENT:          Antonini

 

16.        2007.0558                                                                        (J. SWITZKY: (415) 575-6815)

TRANSIT CENTER DISTRICT PLAN -- INFORMATIONAL UPDATE. The draft Transit Center District Plan was published in November 2009. In anticipation of publication of the Draft Environment Impact Report in early autumn, Planning Department staff will provide for the Commission a brief refresher of the proposals of the draft Plan and an update on related items. The draft Plan is available for public review at: http://transitcenter.sfplanning.org.

                        Preliminary Recommendation: No Action Required -- Informational Only

 

SPEAKERS:      None

ACTION:            Informational Only.  No action required

 

 

            17.        2010.0641M                                                                      (S. EXLINE: (415) 558-6332)

                        2011 RECREATION AND OPEN SPACE ELEMENT UPDATE - INFORMATIONAL PRESENTATION The first Draft of the Recreation and Open Space Element was released in May 2009, the Revised Draft of the Recreation and Open Space Element was released on June 8, 2011. This presentation will be the second in a series of three informational presentations on the policies in the Revised Draft of the Recreation and Open Space Element. The Revised Draft of the Element is available for the public to review online at http://openspace.sfplanning.org

Preliminary Recommendation: No Action Required -- Informational Only

 

SPEAKERS:   Kris Schaeffer, Sue Hagen Contreras, Ursula Ayala, Roberto Ayala, Katherine Howarad, Arthur Feinstein, Meredith Thomas

ACTION:            Informational Only. No action required

 

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

                        AMENDMENTS TO COMMISSION’S RULES AND REGULATIONS

            Preliminary Recommendation: Adoption

(Continued from Regular Meeting of July 28, 2011)

 

SPEAKERS:      Sue Hestor

ACTION:            Approved

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

ABSENT:          Antonini

 

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:    4: 26 PM

 

Adopted:          September 8, 2011


 

[1] Noes: 3 - Chu, Elsbernd, Wiener,

[2] ADOPTED by the following vote:

Ayes: 6 - Chiu, Chu, Cohen, Elsbernd, Farrell, Wiener

Noes: 5 - Avalos, Campos, Kim, Mar, Mirkarimi

Last updated: 9/15/2011 3:15:42 PM