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City and County of San Francisco

November 3, 2011

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SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

 

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, November 3, 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 12:10 p.m.

 

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Scott Sanchez – Zoning Administrator, Sara Vellve, Aaron Starr, Corey Teague, Joshua Switzky, Steve Wertheim, Sara Jones, and Jonas Ionin – Acting 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.         

None

 

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

 

            1.            2011.0803Q                                                                           (B. BENDIX:  (415) 575-9114)

626-628A Natoma Street - northwest side of Natoma Street between 7th and 8th Streets; Lot 048 of Assessor’s Block 3727 - Request for Condominium Conversion Subdivision to convert a three-story, five-unit building into residential condominiums within an RED (Residential Enclave) Zoning District, a 40-X Height and Bulk District, and the Western SoMa Planning Area Special Use District.

                Preliminary Recommendation: Approval

 

SPEAKERS:     None

ACTION:           Approved with Conditions

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

MOTION:           18478

 

ITEMS 2-4 WERE TAKEN OFF CONSENT CALENDAR

 

2.         2011.0750C                                                                           (S. Young:  (415) 558-6346)

1737 POST STREET, SUITE 330 (AKA 22 PEACE PLAZA – LOCATED WITHIN THE INTERIOR OF JAPANTOWN CENTER KINTETSU WEST MALL)  - south side between Webster and Buchanan Streets; Lot 009 in Assessor’s Block 0700 - Request for Conditional Use Authorization pursuant to Planning Code Sections 712.69B, 249.31, and 303 to establish an Amusement Game Arcade (Mechanical Amusement Devices) Use within the NC-3 (Neighborhood Commercial, Moderate-Scale) Zoning District, Japantown Special Use District and a 50-X Height and Bulk District.  The proposal is the change of use of an approximately 800 square-foot ground floor commercial space (to be vacated by a retail clothing store d.b.a. The Omodaka) to an amusement game arcade establishment and retail store (d.b.a. Playland Japan). 

Preliminary Recommendation:  Approval with Conditions

 

SPEAKERS:     Jay Cowan, Bob Hamaguchi

ACTION:           Approved with Conditions

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

MOTION:           18479

 

            3.         2011.0648C                                                                         (S. Vellve: (415) 558-6263)

1555 IRVING STREET - southeast corner of Irving Street and 17th Avenue; Lot 041 in Assessor’s Block 1771 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 730.83 and 303, to allow AT&T Mobility to locate up to six (6) WTS panel antennas within an expanded rooftop marquee  and related equipment within the building of a one-story educational institution (Woodside International School), within the Inner Sunset Neighborhood Commercial District and 40-X Height and Bulk District. The site is a Location Preference 1 (publicly-used structure).

Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     Tedi Vriheas, Jonathan Patchen, Michael Beck and Tony Kim

ACTION:           Approved

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

MOTION:           18480

 

            4.         2011.0288C                                                                         (S. Vellve: (415) 558-6263)

2300 - 2320 CHESTNUT STREET - northwest corner of Chestnut and Scott Streets; Lot 009 in Assessor’s Block 0929 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 711.83 and 303, to allow AT&T Mobility to locate up to nine (9) WTS panel antennas within faux vent pipes and behind screening,  and related equipment within an outdoor storage area at grade of a three-story mixed-use building, within an NC-2 (Neighborhood Commercial, Small Scale) District and 40-X Height and Bulk District. The site is a Location Preference 5 (mixed-use building in high-density district).

            Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     Tedi Vriheas and Christian Crawford

ACTION:           Approved

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

MOTION:           18481

 

 

 

 

C.         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 Special Meeting of October 20, 2011

·         Draft Minutes of Regular Meeting of October 20, 2011

 

SPEAKERS:     None

ACTION:           Approved adoption

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

 

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 Antonini:

With your permission I’ll use a football analogy.  Those of you who follow the game know that no time for possession is very important. The team that is on defense all the time is usually on the losing end. Unfortunately, in last 30 or 40 years we have often been on the defense in San Francisco; trying to keep our businesses here; keep families with children here and protect our civic institutions. I' m beginning to see we are starting to make a few first downs and keeping the ball and taking pressure off the defense. In the last few years, we've seen an increased desire for people to live in San Francisco and that is a good sign. What I'm hearing from a number of sources is there are businesses looking to relocate and I think they're beginning to understand that a presence in San Francisco has a greater value for your business than in other parts of the Bay Area, California and perhaps even the United States. A couple of studies came out from some reputable sources on the value of a new football stadium. They were working on three different teams, the Chargers, the Raiders, and the Forty- Niners. In particular, they looked at the value of a new football stadium in Santa Clara as opposed to San Francisco. They concluded a stadium in San Francisco added an additional $150 to $160 million in value to the owner of the team in contrast to a similar stadium in Santa Clara .This is just one instance, but we are starting to see people realize they have to look at the value of their business. It's not just the location, there are a lot of factors that make businesses more valuable if they are in San Francisco. That is something we have to address and continue to build upon.

Commissioner Miguel:

During the past week, I've had conversations regarding an item on today's calendar; also regarding America's Cup and the interface between the Port and the City. This is coming very fast. The basic trial races are less than one year away. I am not sure everyone in the City realizes how fast this is coming down on them and the amount of work that has to be done prior to that happening.
Commissioner Fong:

I just wanted to report I was able to attend the SPUR annual luncheon.  There may be some history, but I was interested to find out if the Planning Department doesn't have or has had a table or participate in a more formal setting.  Maybe we could have a discussion about that and maybe there's a good reason why not.

 


Commissioner Moore:

Following up on Commissioner Miguel's comment – there is an open house with an update on the America's Cup with various aspects of information that is just now becoming public. I think it is open to the public and the discussion will be between the design task force and the Waterfront Advisory.
Commissioner Antonini:

I did meet with a group -- there was a gas station that will be a CVS Pharmacy. They are in the process of working with staff to refine the design of that. I was contacted by a property owner that has to do with an addition he is trying to put on his house and directing him to how he can work with staff and go through the process, which is a long and involved one.

President Olague:  

I received a couple of the mails from members of the public who have consulted with Edgar Oropeza at the counter regarding the tracking system. It was suggested we have him come and make a presentation about its capabilities. Maybe in the next few weeks we can have him come in and perhaps even the vendor could come in.

 

D.         DIRECTOR’S REPORT

 

7.         Director’s Announcements

           

Director Rahaim:

I wanted to mention that SPUR is opening a branch for the first time in San Jose. I bring that up because I think it is good for the region to have a planning organization located in a different part of their region discussing regional issues.

 

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

 

         

LAND USE COMMITTEE: NONE

 

                                                          

FULL BOARD OF SUPERVISORS:

 

§  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 one substantive modification:

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

Supervisor Kim has amended the Ordinance to include the both of the two recommendations of the Planning Commission.  This week the Full Board passed the Ordinance on first reading.  Supervisor Wiener noted his desire to repeal the existing Alcohol RUD in its entirety as he feels it freezes in place existing entitlements for detrimental uses without contemporary conditions of approval but doesn’t allow newer uses with modern restrictions in place. Supervisor Kim agreed with the need for larger changes and stated that she would purse additional outreach to allow this sort of change in the future.

§  Acts of God and Calamity Ordinance.  At the July 14th, hearing, the PC recommend that the Board adopt the Ordinance with modifications.  Specifically, the PC recommended the Ordinance be modified to allow a reasonable degree of flexibility for those who have experienced a calamity but not to be overly permissive in allowing rebuild of nonconforming uses. Since the PC hearing, staff has recognized that the recommendation should have been applied not only to Section 181 Non-Conforming Uses but also mirroring changes should have been recommended to Section 188 Non-Conforming Structures. Both Sections have the exact same problematic and vague existing language.  This week the Full Board approved the item on first reading.

 

§  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.  Last week arguments were made and public comment was taken prior to the Board closing the public hearing.  This week only the Board Members addressed the issue.  Last week at the close of the hearing, Supervisor Mar had asked that he project sponsor present their confidential data to a neutral third party for analysis and presentation to the appellants.  The appellants refused to participate in this analysis of cell capacity and coverage because they still felt the study may be biased. In his comments, Supervisor Mar again stated that he believes the Planning Department should have technical experts on staff that can independently verify capacity and coverage data submitted by cellular companies.  The Supervisor didn’t feel that the project sponsor met their burden to prove that the additional antennas were needed.  He stated that he would like to work with the Department to address the issue of necessity for additional antennas at a Citywide level. This week was the last week to reverse the decision of the Commission.  The Board discussed disapproving the CU and approving an amended CU which would be tied to an independent study of the necessity for the antennas.   Supervisor Mar made a motion to overturn the Commission and deny the CU. 

 

BOARD OF APPEALS:

No meeting this week

HISTORIC PRESERVATION COMMISSION:

No report

 

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:     Tamara Wakasug

                        Re: Polk NCD

                        Linda Chapman

                        Re: Polk NCD and CMMT

                        Bill Sheppard

                        Re: Polk NCD

F.            REGULAR CALENDAR 

 

            9.         2011.0198C                                                                        (S. Vellve: (415) 558-6263)

601 – 14th AVENUE - southwest corner of Balboa Street and 14th Avenue; Lot 001 in Assessor’s Block 1630 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.6 and 303, to allow AT&T Mobility to locate up to six (6) WTS panel antennas in three separate faux chimney elements on the roof and related equipment in the building’s basement of the three-story institutional (Jewish Educational Society of San Francisco) building, within a RM-1 (Mixed, Low Density) District and 40-X Height and Bulk District. The site is a Location Preference 1 (school/institutional structure).

Preliminary Recommendation: Approval with Conditions

            (Continued from Regular Meeting of October 13, 2011)

 

SPEAKERS:     Vadim Heyfitch, Awat Pilosky, Jean McWalters, Jerry Katxeff, Rabbi Bentzion Pil, Genrietta Lerner, Lara Miya Millard, Elise Yvonne Roussean, Yaakov Gerenrat, Rabbi P. Lipner, Hersh Rankin, David Mostovay, Mila Skylar, Xena Masher, Max Starubisnskiy, Katheryn Schopp, Sophia Nichols, Schloman Azarian, Edward Nikow, Rabbi Bon Sonapel, Elly Maclasky, Yelena Klepper, Alma Brodsley, David Waxberg, Gene Schuster, Miyosh Klar, George Gavorian

ACTION:           Continued to 12/8/11.  The public hearing remains open

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

 

            10.        2011.0291C                                                                       (S. Vellve: (415) 558-6263)

255 STEINER STREET - southwest corner of Steiner and Haight Streets; Lot 001 in Assessor’s Block 0861 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 711.83 and 303, to allow AT&T Mobility to locate up to nine (9) WTS panel antennas within faux vents and behind screening, and related equipment, within an NC-2 (Neighborhood Commercial, Small Scale) District and 40-X Height and Bulk District. The site is a Location Preference 5 (mixed-use building in high-density district).

Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     Jeanne Katz

ACTION:           Approved with Conditions

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

MOTION:           18482

           

11.        2010.1136D                                                                       (S. VELLVE: (415) 558-6263)

                        324 HUGO STREET - north side between 4th and 5th Avenues; Lot 009 in Assessor’s Block 1746 - Request for Discretionary Review of Building Permit Application No. 2006.05.04.0670, proposing to add one dwelling unit and to construct a horizontal addition consisting of a three-story component approximately 12 feet deep and a  two-story 12-foot deep component with roof deck, at the rear of  the three-story single-family house  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 as revised

            (Continued from Regular Meeting of September 15, 2011)

 

SPEAKERS:     John Hessler, Mary O’Connor, Jeremy Paul, Bridey Newman

ACTION:           Approved as revised

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

DRA:                0238

 

            12.        2011.0891DDDD                                                                   (A. STARR: (415) 558-6362)

3139-3141 GOUGH STREET - west side between Francisco and Chestnut Streets; Lot 004 in Assessor's Block 0481 - Requests for Discretionary Review of Building Permit Application No. 2010.12.02.6003 proposing to construct a two-story vertical addition and a horizontal addition at the rear of a two-story, two-unit residential building within the RH-3 (Residential, House, Three-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:     Steve Williams, Lawrence Yuen, Russell Smith, Janet Myer, Nate McFadden, Jeff Gibson, Seany O’Connor Ariel Ungerleider, Brian Davis, Shaye Gutenberg

ACTION:           Approved with Conditions

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

DRA:                0239

 

 

 

13a.      2010.0860D                                                                      (C. TEAGUE: (415) 575-9081)

183 BREWSTER STREET - east side between Joy Street and Esmeralda Boulevard; Lot 011 in Assessor’s Block 5577 - Request for Discretionary Review of Building Permit Application No. 2006.09.25.3191, proposing to construct a new single-family home on a  vacant lot in a RH-1 (Residential, House, One-Family) Zoning District, 40-X Height and Bulk District, and the Bernal Heights Special Use District.

Staff Analysis:  Full Discretionary Review Analysis

Preliminary Recommendation:  Do not take Discretionary Review and approve

 

SPEAKERS:     Terry Milne

ACTION:           Without hearing, continued to 12/1/11

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

 

13b.      2010.0858D                                                                         (C. TEAGUE: (415) 575-9081)

187 BREWSTER STREET - east side between Joy Street and Esmeralda Boulevard; Lot 010 in Assessor’s Block 5577 - Request for Discretionary Review of Building Permit Application No. 2006.09.25.3192, proposing to construct a new single-family home on a  vacant lot in a RH-1 (Residential, House, One-Family) Zoning District, 40-X Height and Bulk District, and the Bernal Heights Special Use District.

Staff Analysis:  Full Discretionary Review Analysis

Preliminary Recommendation:  Do not take Discretionary Review and approve

 

SPEAKERS:     Terry Milne

ACTION:           Without hearing, continued to 12/1/11

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

 

13c.      2010.0801D                                                                      (C. TEAGUE: (415) 575-9081)

191 BREWSTER STREET - east side between Joy Street and Esmeralda Boulevard; Lot 009 in Assessor’s Block 5577 - Request for Discretionary Review of Building Permit Application No. 2006.09.25.3193, proposing to construct a new single-family home on a  vacant lot in a RH-1 (Residential, House, One-Family) Zoning District, 40-X Height and Bulk District, and the Bernal Heights Special Use District.

Staff Analysis:  Full Discretionary Review Analysis

Preliminary Recommendation:  Do not take Discretionary Review and approve

 

SPEAKERS:     None

ACTION:           Without hearing, continued to 12/1/11

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

 

5:30 PM

 

            14.                                                        (J. SWITZKY/S. WERTHEIM: (415) (575-6815/558-6612)

            CENTRAL CORRIDOR PLAN - Informational update on the planning process to create, an integrated community vision for the southern portion of the Central Subway rail corridor in SoMa. This update will discuss public outreach efforts and input to date, initial land use and urban form guidelines, public realm considerations, sustainability planning, project timing and next steps. Additional information is available at http://centralcorridor.sfplanning.org.

 

SPEAKERS:     Sue Hestor

ACTION:           Informational only – no action required

 

15.        2007.0558E & 2008.0789E                                                  (S. JONES: (415) 575-9034)

TRANSIT CENTER DISTRICT PLAN AND TRANSIT TOWER - Public Hearing on Draft Environmental Impact Report - The Transit Center District Plan proposes new policies and controls for land use; building height and design; street network; historic preservation; and sustainability. The Plan area is bounded generally by Market, Steuart, and Folsom Streets, and a line east of Third Street. The Plan would permit approximately six buildings with heights ranging from 700-1,000 feet.  The EIR analyzes at a project level the Transit Tower, a proposed 61-story, 1,070-foot-tall (including sculptural element) building with about 1.3 million square feet (sf) of office space, about 16,500 sf of retail, and subgrade loading and parking for about 300 vehicles (480 valet spaces). The Transit Tower project site is located at 425 Mission Street (Block 3720, Lot 001), on the south side of Mission Street between First and Fremont Streets, immediately north of the new Transit Center currently under construction.

Note: Written comments will be accepted at the Planning Department's offices until the close of business on November 14, 2011.

 

SPEAKERS:     Ruben Santiago, Sara Karlinsky, Jamie Whitaker, Sue Hestor

ACTION:           Public hearing on the Draft EIR – no action required

 

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:  7:25 pm

 

Adopted:          December 1, 2011

Last updated: 12/6/2011 3:57:31 PM