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October 27, 2011

New Page 1

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, October 27, 2011

12:00 PM

Regular Meeting

 

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

 

THE MEETING WAS CALLED TO ORDER BY PRESIDENT OLAGUE AT 12:12 p.m.

 

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Scott Sanchez – Zoning Administrator, Paul Lord, Sophie Hayward, AnMarie Rodgers, Susan Exline, Glenn Cabreros, 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.

               

1a.        2011.0063DV                                                                         (J. IONIN: (415) 558-6309)

135 El Camino del Mar - south side between 25th Avenue and the western most entrance to the Presidio; Lot 031 in Assessor’s Block 1334 - Request for Discretionary Review of Building Permit Application No. 2010.01.07.4358 proposing to legalize horizontal additions built without benefit of permit at the southeastern-most rear portion, along the east side and over the garage at the front of the single-family residence within an RH-1(D) (Residential House, One-Family, Detached), Scenic Special Sign District, and 40-X Height and Bulk District.

                        Preliminary Recommendation: Do not take Discretionary Review and approve

(Continued from the Regular Meeting on September 22, 2011)

            NOTE: On May 19, 2011, following public testimony, the Commission continued to matter to September 22, 2011.  Public hearing remains open.

                        NOTE: On 9/22/11, without a hearing, the item was continued to 10/27/11.

                        (Proposed for Continuance to November 3 10, 2011)

 

SPEAKERS:     Sue Hestor

ACTION:           Continued to November 10, 2011

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

ABSENT:          Borden

 

 

1b.       2011.0063DV                                                                        (J. IONIN: (415) 558-6309)

135 El Camino del Mar - south side between 25th Avenue and the western most entrance to the Presidio; Lot 031 in Assessor’s Block 1334 - Request for Rear Yard and Non-complying Structure Variances pursuant to Sections 134 and 188 of the Planning Code to legalize additions built without benefit of permit at the southeastern-most rear portion, along the east side and over the garage at the front of the single-family residence.  A portion of the horizontal addition at the rear encroaches into the required rear yard within an RH-1(D) (Residential House, One-Family, Detached), Scenic Special Sign District, and 40-X Height and Bulk District.

(Continued from the Regular Meeting on September 22, 2011)

On May 19, 2011, following public testimony, the Zoning Administrator continued the item to 9/22/2011.  Public hearing remains open.

                        NOTE: On 9/22/11, without a hearing, the item was continued to 10/27/11.

                                (Proposed for Continuance to November 3 10, 2011)

 

SPEAKERS:     Sue Hestor

ACTION:           Continued to November 10, 2011

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

ABSENT:          Borden

 

2.         2011.1064C                                                                   (S. Hayward: (415) 558-6372)

2800 SLOAT BOULEVARD - north side of Sloat Boulevard, between 46th and 47th Avenues, Lot 001 in Assessor's Block 2515 - Request for Conditional Use Authorization, pursuant to Planning Code Section 303(e), to add two years to the validity of the previously approved Conditional Use Authorization for the proposed project originally approved November 13, 2008 under Case No. 2005.1066C. The project includes the demolition of three existing commercial buildings and a 34-space parking lot, and the construction of three new mixed-use, five-story, 60-foot-tall buildings totaling approximately 120,000 gross square feet (gsf) over a 112-space subterranean parking structure and a one-story approximately 1,000 gsf commercial building. The project would include 56 dwelling units, approximately 23,000 gsf of ground-floor commercial uses including an open-air market. The three existing commercial buildings on the project site proposed for demolition include a retail shop (Aqua Surf Shop), restaurant/café (John's Ocean Beach Café), and a motel (Robert's Motel). The project site is within the NC-2 (Small-Scale Neighborhood Commercial) zoning district, 100-A Height and Bulk district, and the Local Coastal Zone Permit Area.

(Proposed for Continuance to November 10, 2011)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

ABSENT:          Borden

 

3.         2011.0471C                                                                                (K. Guy:  (415) 558-6163)

1111 CALIFORNIA STREET - southwest corner at Taylor Street, Lot 020 of Assessor’s Block 0253 - Request for Conditional Use Authorization to continue the existing nonconforming entertainment and assembly use of the "Nob Hill Masonic Center", and to continue operation of the existing food and beverage service uses within the Center, pursuant to Planning Code Sections 185(e) and 303, within the RM-4 (Residential, Mixed, High Density) District, the Nob Hill Special Use District, and the 65-A Height and Bulk District. No interior or exterior modifications, or changes in patron capacity of the existing facility, are requested as a part of this action.

                        Preliminary Recommendation: Approval with Conditions

                        (Proposed for Continuance to November 17, 2011)

 

SPEAKERS:     Robert Varni, Stan Landfair, James Wall, John Doremus, Amy Harmer, J.H. Glazer, Elizabeth Pomada, Donald L. Humphreys, Linda Chapman, Michael Barrett, Steve Vettel, Alice Barkley, Dr. John Kerner

ACTION:           Continued as proposed

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

NAYES:            Moore

RECUSED:       Sugaya

 

            4.         2011.0155C                                                                         (A. STARR: (415) 558-6362)

5411 GEARY BOULEVARD - south side between 18th and 19th Avenues; Lot 035 in Assessor’s Block 1526 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303(c), 303(i), and 703.4 to allow a “formula retail use” (d.b.a Unleashed by PETCO) within the NC-3 (Moderate-Scale Neighborhood Commercial) Zoning District and 40-X Height and Bulk District. 

            Preliminary Recommendation:  Disapproval    

            (Continued from Regular Meeting of July 28, 2011)

SPEAKERS:     None

ACTION:           Project withdrawn

 

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.

 

5.         Consideration of Adoption:

 

·         Draft Minutes of Regular Meeting of October 13, 2011

SPEAKERS:     None

ACTION:           Approved

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

ABSENT:          Moore

 

6.         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 Miguel:

During last week I have met with Jill Manton from the Arts Commission and others regarding an item on the calendar.  I have met with Supervisor Malia Cohen on cell phone towers in her District and a few other matters - 2135 Greenwich. I was at the meeting at DBI regarding the project tracking system that is about to actually start.  The team that is going to put this into place gave a presentation yesterday.  I thought it was excellent. Director Rahaim will give more details.

Commissioner Olague:

A few weeks ago we had some neighbors from 15th Street Avalon who were here to talk about a project going to the Board of Appeals. At some time I would like to have some kind of discussion – and I will work with Ms. Avery on this – I think it may be premature, but a memo for starters – that will be available to the neighbors as well. I did attend a neighborhood meeting and there are a lot of issues.  Regarding what was related I think that may be broader if we could involve other things.

Commissioner Antonini:

We have many emails and letters, faxes and phone calls. I welcome then at any time. In terms of how strongly that we consider them, the letters that are composed individually, with the individual named below them.  Residents of San Francisco or the area in question have more magnitude than things that are just sent anonymously, or from people who are not residents.  Everyone is welcome to send anything that they want from any place.  In terms of how much we give consideration [to an item] with viewpoints from individuals concerned vs. the same letter being sent over and over and often it is verbatim.

 

C.         DIRECTOR’S REPORT

 

7.         Director’s Announcements

 

Director Rahaim:

There are just a couple of things I wanted to mention regarding what Commissioner Miguel was talking about. Yesterday we had a kick off meeting on the permit tracking with the Department of Building Inspection.  This has been a long time coming project to vastly improve the tracking of projects. We had the internal kickoff meeting with staff that were involved in this project, and there was a meeting that was open to the public with a brief demonstration and we are excited about this. It will take two years to actually implement this system and put the system in use. There was some concern expressed yesterday about how both the Departments do business, and the conversion of years of data. This is a 30-40 year investment and it is important that we get this right.  Other departments can add on to this. This is the one place the public, staff and the Commission will be able to see the status of the project across all of the involved Departments. I also want to remind you about the Health Care Master Plan.  You have received this in an email.  Claudia Flores and staff have been working on the master plan. We were required to do this based on the legislation. The Department of Public Health is the lead and has assembled a task force. They hired a consultant to do the background work. Just an FYI: we will be looking for additional funding in next year's budget to continue the environmental work. This will be necessary to move the project forward. We will be seeking additional funding.

                       

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

 

LAND USE COMMITTEE:

 

Alcoholic Beverages in Bowling Alleys in the Mission Alcoholic Beverage Special Use Subdistrict introduced by Supervisor Kim.  The Planning Commission had unanimously passed a resolution at its September 22, 2011 hearing recommending that the Board of Supervisors adopt the proposed Ordinance, with two modifications:

       to include an additional exception for single-screen movie theaters, allowing these theaters to serve beer and wine. 

       to refer to Planning Code Section 249.60, which is where in the Code the Mission Alcoholic Beverage SUD is now referenced.

Supervisor Kim has amended the Ordinance to include the both of the two recommendations of the Planning Commission.  The full committee was supportive, and moved the amended item to the full Board.  Supervisor Wiener noted again this week that he would support a repeal of the Mission Alcohol SUD, as he feels that it is not achieving its original goals.

Supervisor Kim also noted that she has received word from Supervisor Campos that there may be good reason to further amend the ordinance to allow multi-screen movie theaters to serve alcoholic beverages.  The City Attorney's office recommended that a change from allowing single-screen movie theaters to multi-screen theaters would require re-referral to the Planning Commission; therefore, Supervisor Kim declined to make the amendment at this time, but voiced her support for trailing legislation to that effect.

FULL BOARD OF SUPERVISORS:

 

§  4141 Geary CU appealThis Tuesday, the Board heard a CU appeal for the placement of cellular antennas at 4141 Geary Blvd, site of a Kaiser medical office Building.  This Commission heard the CU in July.  At that time only two people spoke in opposition and the Commission approved the project unanimously.  It was a different story this week at the Board with a two-hour hearing where the majority of the comment was opposed to the antennas.  While the appellants had not submitted a written argument, they had completed their own informal survey of cell reception and presented that to the Board.  The Board questioned staff about what sort of analysis was conducted on the documentation submitted by the applicant, Verizon Wireless.  Staff responded that the Commission is an appointed body that much like the Board, is not a technical expert in wireless antennas.  Instead, the Commission does the same review of submitted materials that the Board does; weighing the evidence presented before it and then using their discretion to decide the matter.  In this case, the Commission's decision to approve wireless antennas at this Preference One, or most desirable location, was unanimous. Supervisor Cohen asked if the Board could take any action to direct where WTS facilities are located in the future.  Staff advised that the Board that the existing Wireless Siting Guidelines is a Commission adopted document that has been developed through interactions with Board resolutions and decisions on appeal.  And that the Board could either suggest further refinement of the guidelines through Resolution or could legislate new siting criteria in the Planning Code.  The hearing ended with a request to continue the item from the district supervisor where the project would be located, Supervisor Mar.  The Supervisor said he wanted to accept and offer that Verizon had made to make their proprietary data on cell coverage and capacity available to a neutral third party expert.  This party would analyze the data for presentation to the appellant and the Board. With that, the Board closed the hearing and voted to continue the item two weeks.

BOARD OF APPEALS:

No meeting this week

HISTORIC PRESERVATION COMMISSION:

No meeting this week

 

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:     Dan Liberthson

                        Re: Miraloma Park’s Portola Drive Neighborhood Commercial (NC) District

                        Linda Chapman

                        Re: Conditional Use conditions, negotiations and in-lieu

 

E.            REGULAR CALENDAR 

 

            9.         2006.085TM                                                                          (P. LORD: (415) 558-6311)

            Japantown Community Planning Process and Initial recommendations - Informational Presentation - Since the August 2009 Japantown BNP presentation and 2010 information update made to the Planning Commission, significant and important progress has been made in the review and development of proposed amendments to the original DRAFT Japantown BNP (2009). The community representatives participating in this review process are committed to a comprehensive review and generating public support for their recommended revisions to the original neighborhood plan. The community, through formal votes and authorizations from the Japantown Organizing Committee, is currently prepared to share their initial review and recommendations with the Planning Commission and the general public. These community recommendations represent numerous significant departures from the recommendations in the initial 2009 Draft Japantown BNP Plan.

 

SPEAKERS:     Karen Chi,  Diane Onizauika, Robert Rusky, Hiroshi Fukuda, Nico Mizono, Kenneth Kadyi, Bob Hamaguchi

ACTION:           Informational only – no action required

 

 

ITEM 10 FOLLOWED ITEM #12

10.        2011.0167T                                                                   (S. Hayward: (415) 558-6372)

PLANNING CODE CONTROLS FOR HISTORIC PRESERVATION - The Commission will consider as an informational item a proposed Ordinance sponsored by the Planning Department that would amend the Planning Code controls for Historic Preservation, including but not limited to Articles 10 and 11.  The Planning Commission reviewed proposed amendments on August 5, 2010 and recommended approval with minor modifications of various Code Sections to the Board of Supervisors.  The Historic Preservation Commission began a parallel review of the proposed amendments in 2010 on the following dates: July 21st, August 4th, 18th, September 1st, 15th, and 29th, October 6th 15th, and 21st, November 3rd and 17th, and December 1, 2010.  This item is informational only, and no action is required.

 

SPEAKERS:     Mike Buhler, Sara Karlisnky, Jim Chappel, Alan Martinez

ACTION:           Informational only – no action required

 

ITEM 11 FOLLOWED ITEM #14

11a.      2011.0206T                                                                       (S. HAYWARD: (415) 558-6372)

INFORMATIONAL ITEM FOR THE DEPARTMENT-SPONSORED PLANNING CODE AMENDMENTS RELATED TO THE CREATION OF A DEFINITION OF STUDENT HOUSING - This item will be considered for initiation at the October 27, 2011 heairng.  Pursuant to Planning Code Section 302, the Planning Commission will consider amendments to the Planning Code. The amendments are intended to a) create a definition of student housing that may be used throughout the Planning Code, b) encourage the production of new student housing; and c) protect the existing residential housing stock.  Planning Code sections proposed for amendment include Sections 102.36, 135(d)(2), 207.6(B)(3), 307(j), 312, 317(b)(1), 317(f)(1), and 401.

This informational item will focus on a discussion of the proposed amendments and the effort to encourage the production of new Student Housing while protecting San Francisco's existing housing stock.

 

SPEAKERS:     George Williams and Brad Paul

ACTION:           Informational only – no action required

 

11b.      2011.0206T                                                                      (S. HAYWARD: (415) 558-6372)

INTENTION TO INITIATE DEPARTMENT-SPONSORED PLANNING CODE AMENDMENTS RELATED TO THE CREATION OF A DEFINITION OF STUDENT HOUSING - Pursuant to Planning Code Section 302, the Planning Commission will consider a Resolution of Intention to initiate amendments to the Planning Code. The amendments are intended to a) create a definition of student housing that may be used throughout the Planning Code, b) encourage the production of new student housing c) protect the existing residential housing stock.  Planning Code sections proposed for amendment include Sections 102.36, 135(d)(2), 207.6(B)(3), 307(j), 312, 317(b)(1), 317(f)(1), and 401.

Preliminary Recommendation: Approve a draft Resolution of Intention to initiate amendments to the Planning Code and schedule a public hearing to consider adoption of the proposed amendments on or after November 10, 2011.

 

SPEAKERS:     George Williams and Brad Paul

ACTION:           Approved initiation

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

RESOLUTION:   18475

 

ITEM 12 FOLLOWED ITEM #9

12.        2011.0921T                                                                      (A. Rodgers: (415) 558-6395)

Public Art Fee and Public Artwork Trust Fund. [Board File No. 11-0853] - The Planning Commission will consider a proposed Ordinance introduced by Mayor Edwin Lee and Supervisor David Chiu that would 1) amend San Francisco Planning Code, Section 429, to provide that developers currently required to spend 1% of construction costs for public artwork on any development project over 25,000 square feet located in a C-3 district have an option to contribute all or a portion of that Fee to a City fund dedicated to support public art and 2) amend the San Francisco Administrative Code by adding Section 10.200-29 to establish a Public Artwork Trust Fund, funded through contributions and Public Art Fees, for the creation, installation, exhibition, conservation, preservation, and restoration of temporary and permanent public art and capital improvements to nonprofit art facilities within the C-3 district to be administered and expended by the Arts Commission.  The proposed Ordinance is before the Commission so that it may recommend adoption, rejection, or adoption with modifications to the Board of Supervisors, and adopt findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1 and Section 302 findings.

Preliminary Recommendation: Approve with modifications.

 

SPEAKERS:     Jason Elliot – Mayor’s Office, Catherine Rothberg – Supervisor’s Chui’s Office, Eva Lieberman, Deborah Cullinan, Debra Walker, Jill Manton, Jonathan Goldberg, Julian Marsh, George Williams, Scot Kuiper, Brad Paul, Daniel Frattin

ACTION:           Approved as amended by department staff and recommended that the Board consider expanding the proposal city wide

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

RESOLUTION:   18473

 

ITEM 13 FOLLOWED ITEM #11

13.        2010.0641M                                                                      (S. Exline: (415) 558-6332)

Recreation and Open Space Element - Informational Presentation - This is the second in a series of three informational presentations on the update to the Recreation and Open Space Element. Staff will give a presentation on the status of the revisions to the Recreation and Open Space Element and on the community planning process. 

 

SPEAKERS:     Meg Wollen - DPH

ACTION:           Informational only – no action required

 

ITEM 14 FOLLOWED ITEM #10

14a.      2011.0054C                                                                   (G. Cabreros: (415) 558-6169)

2135-2137 GREENWICH STREET (136-138 PIXLEY STREET) - south side of Greenwich Street between Fillmore and Webster Streets, Assessor's Block 0516, Lot 028A - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 317 to allow the demolition of two buildings on this through lot containing a total of six dwelling units - a four-story structure fronting Greenwich Street and a one-story structure fronting Pixley Street - located in the RH-3 (Residential House, Three-Family) District and the 40-X Height and Bulk District. Two, four-story replacement buildings, each containing two dwelling units, are proposed to be constructed one at each street frontage.

Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     Mr. Somaya – Project Sponsor, My My Ly

ACTION:           Approved staff recommendations w/requirement that Project Sponsor continue working with staff on design

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

MOTION:           18474

 

14b.      2011.0054V                                                                 (G. Cabreros: (415) 558-6169)

2135-2137 GREENWICH STREET (136-138 PIXLEY STREET) - south side of Greenwich Street between Fillmore and Webster Streets, Assessor's Block 0516, Lot 028A - Request for Variances from the minimum lot size and rear yard requirements of Planning Code Sections 121 and 134, respectively. The project proposes demolition of two existing buildings on a through lot containing a total of six dwelling units - a four-story structure fronting Greenwich Street and a one-story structure fronting Pixley Street -  located in the RH-3 (Residential House, Three-Family) District and the 40-X Height and Bulk District. Two, four-story replacement buildings, each containing two dwelling units, are proposed to be constructed, one at each street frontage.

SPEAKERS:     Mr. Somaya – Project Sponsor, My My Ly

ACTION:           Zoning Administrator closed the public hearing and has taken the matter under advisement with an inclination to grant the variances

 

F.         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: 6:52 PM

 

Adopted on November 17, 2011

Last updated: 11/22/2011 5:00:54 PM