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Seal of the City and County of San Francisco
City and County of San Francisco

January 12, 2012

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SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, January 12, 2012

12:00 PM

Regular Meeting

 

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

COMMISSIONER ABSENT:  Miguel

 

THE MEETING WAS CALLED TO ORDER BY ACTING CHAIR FONG AT 12:20 P.M.

 

STAFF IN ATTENDANCE:  John Rahaim – Director of Planning, Scott Sanchez- Zoning Administrator, Adrian Putra, Brittany Bendix, Tom Disanto, Keith Demartini, David Winslow, Lily Langlois, Michael Smith, Michelle Stahlhut, Sara Vellve, Kevin Guy, Diego Sanchez 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.         2004.0976E                                                                                      (D. LEWIS: (415) 575-9095)

376 Castro Street - northwest corner of the intersection of Castro and Market Streets; Lot 6 in Assessor’s Block 2623 - Appeal of a Preliminary Mitigated Negative Declaration - The proposed project would involve demolition of an existing automotive gasoline and service station, and construction of a six-story, approximately 65-foot-tall, 43,070-square-foot, mixed-use building with 24 residential units, approximately 2,990 square feet of ground-floor commercial space and a 14-space underground parking garage with ingress and egress from Castro Street. The project site is located within the Upper Market Street Neighborhood Commercial District and a 65-B Height and Bulk District.

Preliminary Recommendation: Uphold the Preliminary Mitigated Negative Declaration

(Proposed for Continuance to February 9, 2012)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

            ABSENT:          Borden and Miguel

 

 

 

 

2.         2011.0207C                                                                    (D. SANCHEZ: (415) 575-9082)

112 7TH STREET - southwest corner of Mission and 7th Streets, Lot 001 in Assessor’s Block 3727 - Request for Conditional Use Authorization under Planning Code Sections 816.73 and 303 to install a wireless transmission facility consisting of 6 panel antennas and associated equipment on the roof of an existing tourist hotel with a Location Preference 2 (Preferred Location – Co-Location) as part of the T-Mobile wireless transmission network within the Service/Light Industrial / Residential (SLR) Zoning District and a 65-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to February 23, 2012)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

            ABSENT:          Borden and Miguel

 

            3.         2011.0101C                                                                   (D. SANCHEZ: (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) as part of the T-Mobile wireless transmission network within the Valencia Street Neighborhood Commercial Transit District and a 55-X Height and Bulk District.         

Preliminary Recommendation: Approval with Conditions

            (Proposed for Indefinite Continuance)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

            ABSENT:          Borden and Miguel

 

            4.         2011.0673C                                                                  (R. Crawford: (415) 558-6358)

501-503 & 505-511 LAGUNA STREET - southwest corner of Laguna and Linden Streets; Lots 034 and 035 in Assessor’s Block 0819 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, and 720.83 for a proposed wireless telecommunications service facility operated by AT&T Mobility.  The facility would consist of three roof-mounted panel antennas and associated equipment located in the basement.  The facility is proposed on a Location Preference 2 Site (Preferred Location – Co-Location Site) within the, Hayes-Gough Neighborhood Commercial Transit Oriented District and 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

                        (Proposed for Indefinite Continuance)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

            ABSENT:          Borden and Miguel

 

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

 

5.         2011.0773C                                                                          (A. Putra:  (415) 575-9079)

1344 OCEAN AVENUE - northeast corner of Ocean and Granada Avenues; Lot 016 in Assessor’s Block 3198 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, and 737.83 to establish a wireless telecommunication services facility consisting of six roof-mounted panel antennas and associated equipment located within the garage of a three-story over garage level, nine family building with a Location Preference 2 (Preferred Location – Co-Location Site), as part of the Verizon Wireless telecommunications network within the Ocean Avenue Neighborhood Commercial Transit District and 45-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     Mark Loball - representative for Verizon, Rev. Roland Gordon, Jessie Watters, and Russ Benson

ACTION:           Approved with Conditions, including a condition from the Board of Supervisors (BOS) to require a third party assessment of coverage and capacity needs

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

            ABSENT:          Miguel

            MOTION:           18515

 

6.         2011.0951CV                                                                        (B. BENDIX:  (415) 575-9114)

371-375 11th  Street - east side, between Folsom and Harrison Streets, Lots 021 and 023 in Assessor’s Block 3520 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 181(f), 303, and 803.7 to expand the existing nighttime entertainment use (d.b.a. DNA Lounge). The proposed expansion will create interior connections between two adjacent buildings thereby increasing the size of the DNA Lounge to 11,985 square feet. The project does not include any increase to the existing building envelopes or floor area. The use is not identified as a formula retail use. The project is located within an SLR (Service/Light-Industrial/Residential Mixed Use) Zoning District, the Western SoMa Planning Area Special Use District, and a 50-X Height and Bulk District.

Preliminary Recommendation:  Approval with Conditions

 

SPEAKERS:     Ilene Dick, representing Project Sponsor, Jason Anderson, Jackie Bryson, Jim Meko, and Dan Borlaki

ACTION:           Approved

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

            ABSENT:          Miguel

            MOTION:           18516

 

7.         2011.0951CV                                                                     (B. BENDIX:  (415) 575-9114)

371-375 11th  Street - east side, between Folsom and Harrison Streets, Lots 021 and 023 in Assessor’s Block 3520 - Request for Variance from Planning Code Section 152.1 to expand the existing nighttime entertainment use (d.b.a. DNA Lounge) and not provide one off-street loading space, when one is required. The project is located within an SLR (Service/Light-Industrial/Residential Mixed Use) Zoning District, the Western SoMa Planning Area Special Use District, and a 50-X Height and Bulk District.

 

SPEAKERS:     Same as those listed for item 6.

ACTION:           The Zoning Administrator closed the public hearing & stated his inclination to grant the variance.

 

 

 

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.

 

8.         Consideration of Adoption:

 

·         Draft Minutes of Regular Meeting of October 6, 2011

·         Draft Minutes of Special Meeting of November 17, 2011

·         Draft Minutes of Regular Meeting of November 17, 2011

·         Draft Minutes of Regular Meeting of December 1, 2011

·         Draft Minutes of Special Meeting of December 8, 2011

·         Draft Minutes of Regular Meeting of December 8, 2011

·         Draft Minutes of Special Meeting of December 15, 2011

·         Draft Minutes of Regular Meeting of December 15, 2011

 

SPEAKERS:     None

ACTION:           Approved

AYES:              Antonini, Fong, Moore, and Sugaya

            ABSENT:          Borden and Miguel

 

9.         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:

Congratulations to Christina Olague.  Even though we often voted different ways, Supervisor Olague was always open to discussion and open to compromise, and I think someone has said that politics is the art of the possible and she will do well because of her attitude in that regard.  Item two: most of you know the 49ers are playing in an important playoff game against the Saints this Saturday, appropriately in San Francisco, at Candlestick Park, which is the site of more NFL playoff games than any other stadium in the United States, partly due to the great successes of the 49ers in the past. My third item has to do with personal experience talking about formula retail. I tried to find a battery, over the holidays we have had a land line that had gone out. It is one of those phones that is able to be removed from the land line and walked around with. Apparently maybe all that is wrong with it is the battery. Unfortunately, Radio Shack did not have it and neither did AT&T. I was told to go to Batteries Plus, which I think the only one is on a Bush Street near Van Ness Avenue. We have to look at some of these conditional uses as additional uses for formula of retail, we have to take into consideration issues where if the item is such a specialty item and really not realistic to expect your neighborhood hardware store or even another formula retail outlet like Radio Shack to have it, there might be a reason for it to be that way, and that is you have to have such a huge volume of outlets to be able to specialize in only such things as batteries. “We should always view our decisions and the prism of how realistic it is that local firms can always supply the items of particular institutions supplies. I just wanted to point that out. I hope to find a battery some time in the near future.

Commissioner Moore:

I have a list of congratulations. The first one goes to Supervisor Olague. I wish her the best of luck. I think it will be fantastic. The second congratulation goes to Mayor Lee for his swearing in as a new Mayor. The first one of the issue is the thought of establishing a trust fund for affordable housing. I read outline in the paper of what that is supposed to entail, and I am extremely excited for that being a step in the right direction, something I think this Commission will be interested in and help realize. The third congratulation goes to Director Rahaim.  He is mentioned in this great article. As we see the demise of San Francisco, he has jumped in to establish a new oversight office. I am not sure if I am using the proper names, to which one of them was named, one of which is Director Rahaim who brings planning expertise, including a lot more to anchor a discussion that will require a lot of attention, particularly many of the projects that will be worked on at the Board for a long time. I see that as a very powerful step in the right direction as we all move forward in the discussion of the demise of redevelopment. Not all cities are prepared as we are, and I wish everyone luck on this difficult journey. I have a comment to make on an ordinance establishing new guidelines for performance and other regulations regarding installation and placement of wireless communication. The City of Burlingame on Monday implemented a new ordinance. I have a copy of the ordinance to pass on.  They were compared with eight other cities on what they are doing. I would give AnMarie Rodgers the ordinance and encourage her to contact people in their Planning Department to see what has been looked at so that our own work can constructively support what others have researched. That is, I think, it for me today. I wanted to thank the Planning Department for including the Christmas pictures from the party. I thought it was very thoughtful. It brought a lot of smiles onto my face. The last thing I would like to share is that Piazza Market is closed. They moved the catering business to another location.

 

D.         DIRECTOR’S REPORT

 

10         Director’s Announcements

 

Director Rahaim:

Happy New Year Everyone!  It is good to be back. If you will bear with me, I might lose my voice halfway through. I am still struggling with a cold. I have several announcements today.  

  • I want to give you some information about the successor agency and the status of the Redevelopment Agency and how that will affect the City and the Department. First, I wanted to offer our congratulations from the Department to Christina Olague, we look forward to continue working with her, and of course, the Mayor. He gave an interesting and well received speech on Sunday, and we really look forward to working with him over the next four years.
  • Secondly, I wanted to announce there are a number of intern's in the audience today. We have an unusually large amount of interns that are helping us out at the current time. They are unpaid interns helping us out and volunteering their efforts for us. They are all working 18 hours per week on a number of projects, and let me tell you their names. You can stand if you are here. Andrew Degoliano, Casey Noel, David Campo, Roman Lopez, Samuel Segal, and Tiffany Lerue are with the Department right now, and several of them are working on Land Use Surveys, which is very valuable to us and something that can only be done on the ground. Some of them are working on improvements to the public information website, researching the vacation rental website, and others are working on mapping and national register historical districts. Most of them will be with us for three months, and we're very grateful for that.  Where are they from?  They are from all over the place. I' m sorry I do not have that information with me.
  • I wanted to give you a heads-up about a noticing issue that will affect next week's hearing. There are two projects that you will not be able to hear.  For reasons that are not clear to us, the San Francisco Examiner did not publish the notice. In one case it was not published at all. That is for 8 Washington; and the other case, 1415 Ocean Avenue, the conditional use it was only partially noticed. It was a very unfortunate series of actions. I do not understand it. These items will be continued to the next week so we do not have to continue the larger notice. There will be a newspaper notice for both of those in time. It is a frustrating action when that happens because we rely on the paper to make sure we meet legal obligations, and they simply did not do what was necessary.  But we will have specific continuance hearings when you take action.
  • Another item I wanted to mention has to do with the wireless applications, which are obviously coming at you very frequently these days. There have been a number of appeals at the Board as you know. The Board of Supervisors has recommended the Commission consider adoption of a new procedure related to wireless cases, and has asked the Department to implement a procedure on a couple of cases as part of their approval on the appeals. It would require that applicants hire a third party under the direction of the Department to look at coverage and capacity issues. There would be a third independent party to look of the coverage and capacity issues. The Board has asked the Commission to add that as part of your regular submission application for the wireless facilities. Until such time that that would happen and for projects already in place, the Commission could consider adding that as a condition of approval. There are a couple of cases today on the agenda. We can talk more specifically about the Board’s proposal when those projects come up.  I wanted to mention that now because I think it may be a good idea for you to schedule a hearing to request us to add that as a policy matter if you think it is a good idea. The Board specifically made that request to the Commission. It might be a good idea to schedule a hearing, have a discussion, and then see how you want to proceed.  
  • I wanted to mention a housing trust fund that Commissioner More attention. There was a meeting just before this meeting that the Mayor sponsored, to set up the housing trust fund. He has asked me to be on the trust fund. We will be looking at a number of alternatives for funding affordable housing with the goal of getting something on the ballot in the fall. Obviously this is especially important in light of the dissolution of the Redevelopment Agencies of the relative trust fund.  That is a substantial loss of funding that we're looking to see if we can make up as part of this process. We will continue to update on the trust fund as well.
  • I did want to give you a little bit of information about the Redevelopment Agency situation. As you know, the California Supreme Court upheld Bill AB26 which requires the dissolution of the Redevelopment Agency. They struck down bill AB27, which was the bill that would allow agencies to continue if they made a certain payment to the State each year to make up for the loss of funds that would have otherwise gone to School Districts. The bottom-line affect of that is that all redevelopment agencies are automatically dissolved as of February 1st. There is not even an action taken. Because they are creatures of the State, the court ruled the State has the right to dissolve them since they have the right to create them.  Bill AB26 allows each jurisdiction to create a successor agency. The purpose of the successor agency is to carry out the contractual obligations of the Redevelopment Agency, the legally-binding contracts that were in place up until now. So in the case of San Francisco's Agency, the Mayor has introduced legislation, and that happens on Tuesday that what designate the city itself to be the successor agency. That agency would carry out obligations, primarily in three areas that have legally-binding development agreements, and that is the Hunter’s Point Shipyard, Mission Bay, and portions of Transbay – primarily those related to the former freeway parcels, of which there are contractual obligations. The successor agency will have the power of design review, entitlement review and all other actions. They cannot enter into new contracts. They cannot enter into new redevelopment areas or anything like that. They are only charged with carrying out obligations that were already in place. The successor agency, which is in fact the City -- I should say it also transfers the assets of the Redevelopment Agency, which there are a large number of properties and buildings, and all of the other assets will be transferred to the City Administrator's Office. The successor agency will be overseen by what is called an oversight board made up of seven members, four appointed by the Mayor, and three others appointed by the School District, City College, and BART, the Mayor submitted four names, and I am one of those. The other members nominated are: the Finance Department of the City, and the Union representative for Local 21, which is the union that represents the largest number of employees of the Agency. They have no legally binding contracts in place. We will take over the entitlement for those. In many of those areas we already have entitlement. There is some conflicts between the Planning Code and Redevelopment Code, so we will have to work that through to figure out how that will affect our work and how we move forward with what controls all of those things. There are a lot of unanswered questions at this point. Since it is not on your calendar today, it is difficult to have a discussion. If you want us to schedule a hearing on this, we can certainly do that in a few weeks. It may make sense to do that when we have a few more of the questions answered, six to eight weeks down the road or something like that.

 

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

 

BOARD OF SUPERVISORS:

 

Dec 2011:  This report was to come at the end of last year’s meeting but this info has not yet been shared.  In summary, two informational hearings on Planning matters were heard by the Board & its committees: 8 Washington and CPMC.  There was no action on either and I can give you more information if you wish.

 

I did need to share the results of an appeal hearing concerning the Conditional Use authorization of a wireless telecommunications facility as the Board’s action included a request to relay this information to the Commission.

 

                                                          

FULL BOARD OF SUPERVISORS:

 

·         Appeal of CU for wireless antennas at 3901 Mission Street This Commission had approved the CU with a 6-0 vote on 11/8. In this case, the appellants' questioned the “necessity and desirability” of the installation. Again, this project saw very little information presented by the appellant’s at the PC hearing, however, the appellants provided a great deal of new information to the Board; including a survey claiming that nearly 72% of the neighbors opposed the project and an independent assessment by an engineer questioning the “gaps” in coverage cited by AT&T.  What had been only 8 ½ minutes of public comment at the Commission hearing was over 45 minutes at the Board.  Like last another similar appeal the week earlier, Members of the Board were concerned about differences in the maps that AT&T presented to the Commission vs. similar coverage maps shown by AT&T’s marketing arm which shows good coverage in the area.  Supervisor Campos questioned the City’s ability to assess “necessity” of new antennas.  He stated that “necessity must be based upon an independent analysis” of AT&T’s coverage maps, instead of the unquestioned acceptance of these claimed gaps in service.  The Supervisor urged “disapproval” of the CU as the Board couldn’t verify the validity of the maps through the information AT&T had provided and said the burden is on the project sponsor to prove that additional antennas are needed.  Supervisors Wiener, Campos, and Cohen wanted a message relayed to this Commission that the Board is increasingly struggling with the determination that the antennas are necessary.  These members of the Board requested that the Commission and the Department to take note of the Board’s recent actions and that we make adjustments in our procedures. Specifically, the requested that Planning require an independent evaluation of capacity and coverage for future antennae installations, as a matter of regular practice.   When it came time to take action, Supervisor Campos wanted to move for a disapproval but was 1 vote short of the 8 votes needed ( Chu, Farrell, Elsbernd, and Cohen, no votes)  Supervisor Wiener  then moved to reject the Commission’s CU but to approve a new CU with a the same condition he imposed last week.  This condition would require that Planning Staff pick an independent, state-licensed engineer to make an objective evaluation of AT&T’s cell coverage in this area.  Planning staff is to consult with both the appellants and the project sponsor on this selection and any potential consultant would have to sign a confidentiality agreement acceptable to AT&T.  If this evaluator finds a gap that would be improved by the new antennas the CU will be approved.  If there is no gap or a gap that is not improved by this antennae installation, the antennas will be disapproved.    AT&T will fund the costs charged by this independent evaluator. With that new condition, the Board voted unanimously 11-0 to add this to the Conditional Use authorization.  In response to the Board’s new condition, the Department has been in consultation with the appellants and project sponsor.  We will be making the final selection on the Larkin appeal by COB today.  In addition, the Department will be presenting the Commission with a draft policy proposal that would make the Board’s new condition regarding independent verification of coverage and capacity data a standard component of future applications.  While this new policy can’t be discussed in detail today as this has not been publically noticed, later on the calendar you will hear WTS cases and may determine if you wish to apply add the Board’s new condition to the other conditions included in our case report. 

 

THIS WEEK:

LAND USE COMMITTEE:

·         1% for Art Requirement.  The Planning Commission considered this Ordinance on 10/27.  This week at Committee Board President Chiu introduced the changes requested by this Commission.  The major modifications of note include the activation of large ground floor open spaces with artworks and expanding the requirement Citywide.  These changes were made after the Supervisor and Mayor’s Office conducted additional outreach as requested by this Commission.  Until the outreach meeting, the Ordinance would have only required on-site art for non-residential buildings with a groundfloor open space of >3000 sf.  The Department’s survey of potential pipeline projects showed this to be a very low number of projects.  Now, the on-site requirement will be expanded so that projects with an open space requirement of 1500-3000 sf will be required to spend a minimum of $500,000 on-site and projects with open spaces of 3000 sf or larger will be required to spend $750,000 on-site.  Mayor’s Office staff spoke in support of this change.  Supervisor Chiu also amended the ordinance to apply to all projects but at a higher threshold outside of the C-3.  The existing threshold for the C-3 would not change from the existing minimum project size of 25,000 sq ft.  Outside of the C-3 the requirement would not be triggered unless a new building or addition were greater than 75,000 sf.  Mayor’s Office staff said that the Mayor had not yet had time to consider this amendment.  Since this amendment will expand a potential fee, the item will not be heard for two weeks while the Clerk of the Board performs the required notice.

 

FULL BOARD HEARING:

·         M&O CAC Members. Supervisor Elsbernd divided the motion to nominate new members to the Market & Octavia CAC.  He asked that the Board vote on all nominations but for Peter Cohen.  He asked that Cohen's nomination be sent back to committee for further discussion.  Specifically, Supervisor Elsbernd stated that at the Committee hearing Mr. Cohen stated that he had been nominated for the low-income seat but that he was not low-income.  The Board voted unanimously to nominate the following parties to the M&O CAC: Krute Singa, Michael Simmons, Kenneth Wingard, Dennis Richards, and Jason Henderson to terms ending December 16, 2012.  On the motion to send Mr. Cohen's nomination back to committee, this motion passed by a 6-5 vote.  Voting against were Supervisors Avalos, Campos, Kim, Mar, and Olague.  The Rules Committee will rehear this nomination in the near-term.

 

·         Sharp Park Management Plan. The Board also considered overturning a veto.  Over recess the Mayor had vetoed the Sharp Park Management Plan Ordinance sponsored by Supervisor Avalos.  This week the Board voted on whether they should override his veto.  To override, a super majority of 8 votes are needed.  The override failed with only six votes: Avalos, Campos, Chiu, Kim, Mar and newly appointed Olague.

 

·         CEQA Appeal.  The Board heard an appeal to the Commission's certification of the Museum of Modern Art Expansion/Fire Station Relocation and Housing Project Environmental Impact Report. The Appellant, the W Hotel, alleged 3 primary arguments:

1.     that the EIR  and the project analyzed in the EIR did not match the schematic design submitted to the Department

2.     that the expansion's visual impacts were not appropriately analyzed, particularly those related to effects on private views to the W hotel; and

3.      that loading, access and circulation effects during construction and the project condition were insufficiently evaluated in the EIR.

Staff responded to these claims and on a unanimous vote, the Board upheld the commission's certification and denied the appeal. The Board subsequently voted unanimously to adopt the rezoning ordinances for the 676 Howard Street and 935 Folsom Street parcels. The project will be back before this commission for an approval hearing on February 2.

 

INTRODUCTIONS:

·         120021 Resolution: Transfer of Assets, Obligations, and Functions to the City as Successor Agency for the Redevelopment Agency Upon its Dissolution as Required by State Law.

§  1) approving the City and County of San Francisco (the City) as successor agency to the SF Redevelopment Agency (the Agency) AND

§  approving retention of the  Agency's affordable housing assets and functions upon the Agency's dissolution, including all funds in the Agency's Low and Moderate Income Housing Fund, and

§  authorizing the Mayor's Office of Housing to manage these affordable housing assets and to exercise the housing functions that the Agency previously performed;

§  acknowledging that upon the Agency's dissolution the City as successor agency shall accept the transfer of all of the Agency's non-affordable housing assets, which shall be placed under the jurisdiction of the Director of the Department of Administrative Services unless otherwise provided for in the Charter, and that the Director shall have the authority to manage such assets and to exercise the functions that the Agency previously performed for such assets;

§  providing for the required payment and enforceable obligations, the transfer and establishment of funds and accounts, and for the administration of funds and other assets, all associated with the City's exercise of its responsibilities as successor agency to the Agency under state law;

§   authorizing the new Oversight Board, which state law requires the City as successor agency to create, to oversee certain fiscal management of former Agency assets other than affordable housing assets, to exercise land use, development, and design approval authority under the enforceable obligations for the

·         Mission Bay Redevelopment Project Area,

·         Hunters Point Shipyard Project Area, and

·         Zone 1 of the Bayview Hunters Point Redevelopment Project Area, and part of the Transbay Redevelopment Project Area, in place of the former Agency Commission, and

§  authorizing the Oversight Board to approve certain changes to such obligations, related documents and certain new agreements to implement those enforceable agreements, including review and approval for issuing bonds under such agreements, and authorizing the Director of the Department of Administrative Services to provide coordinated staff support to the Oversight Board, in the place of staff of the former Agency, in the exercise of these functions;

§  5) rescinding the designation of the Treasure Island Development Authority as a Redevelopment Agency.

 

Sponsors: Mayor, Malia Cohen, Jane Kim, Christina Olague

·         120023 Appointments, Redevelopment Successor Agency Oversight Board - Nadia Sesay, Olsen Lee, John Rahaim, and Bob Muscat  Motion confirming the Mayor's appointments of Nadia Sesay, Olsen Lee, John Rahaim, and Bob Muscat to the Redevelopment Successor Agency Oversight Board. 

   

LAST YEAR’S INFORMATIONAL HEARING—ONLY DISCUSSED IF REQUESTED

LAND USE COMMITTEE:

 

·         8 Washington Informational Hearing. At the request of Board President Chiu, the Committee held an informational hearing regarding the 8 Washington Street project, with no formal action taken. After a brief presentation of the project by Port staff, the Committee heard comments from the public. Commissioners, you have taken one action on this project to date.. Specifically, on December 8 you initiated an amendment to the General Plan that would increase the allowable height in two areas at the southwestern portion of the project site. Certification of the EIR and entitlement actions for this project are scheduled for your January 19 hearing, and final action on the General Plan Amendment and Rezoning for the project will be calendared for subsequent consideration by the Land Use Committee and the Board of Supervisors.

 

COMMITTEE OF THE WHOLE:

 

·         Hearing on the Status of CPMC’s Development Agreement.  This week the Board sitting as a Committee of the Whole heard a request from Supervisor Mar on the status of CPMC’s Development Agreement. The Office of Economic and Workforce Development, along with staff from DPH, Planning, MOH, SFMTA, and the City Attorney’s office presented an overview of the DA, noting that the DA is not complete and there are still negotiations underway. The primary topics discussed at last night’s hearing are the framework for the DA, and deal with CPMC’s commitment to: healthcare for the poor and undeserved, a viable St. Luke’s Hospital, affordable housing, local hire and workforce development, and to transit and street improvements in the vicinity of the new project sites.  The hearing was concluded without action.

 

 

 

INTRODUCTIONS DEC 2011: 

 

·         111337 Ordinance amending the San Francisco Code by amending Section 179.1(b) to: 1) extend by 90 days the period of time in which existing uses in the Eastern Neighborhoods area that have operated without permits may file an application for determination of eligibility for legitimization; and 2) making environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Cohen

 

Not sure if you report these.  It appears they were sent to the Board by the Commission/Department.

 

·         111307 Ordinance amending the San Francisco General Plan by adding the Glen Park Area Plan; and making findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1.  Planning Department

·         111306 Ordinance amending Zoning Map Sheets ZN11 and HT11 of the City and County of San Francisco Zoning Map to create a new zoning district and amending the height and bulk districts within the Glen Park Area Plan, as proposed in the Glen Park Community Plan; making environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1 Planning Department

·         111305 Ordinance amending the San Francisco Planning Code by adding and amending various sections to implement the Glen Park Area Plan, bounded generally by Chenery Street to the north; Roanoke Street to the east; San Jose Avenue and Bosworth Street to the south; and Elk Street to the west; creating a new Section 738.1 establishing zoning controls for the Glen Park Neighborhood Commercial Transit (NCT) district; and making findings, including environmental findings and findings of consistency with General Plan and with the Priority Policies of Planning Code Section 101.1. Planning Department

Introduced on 1/10/12

·         File #:  111374  Student Housing Ordinance amending the San Francisco Planning Code by: 1) adding a new Section 102.36 to create a definition of Student Housing; 2) amending Section 135(d)(2) to adjust the minimum open space requirements for dwelling units that do not exceed 350 square feet, plus a bathroom; 3) amending Section 207(b)(3) to exempt Student Housing from the unit mix requirement in RTO, NCT, DTR, and Eastern Neighborhoods Mixed Used Districts; 4) amending Section 307 to permit the conversion of Student Housing into residential uses, when certain conditions are met; 5) amending Section 312 to require notice for a change of use to Group Housing; 6) amending Section 317 to prohibit the conversion of residential units into Student Housing; and 7) amending Section 401 to make conforming amendments and amend the definition of Qualified Student Housing; and making findings, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan. Planning Department

·         Motion appointing Peter Cohen, term ending December 16, 2012, to the Market and Octavia Community Advisory Committee.

 

BOARD OF APPEALS:

One item of interest was a jurisdiction request. The Commission heard this in 2010. The building permit was issued in 2011. Construction work commenced after that. An adjacent neighbor filed the jurisdiction request in December, because they had concerns about the scope of the work. It is our understanding that the work being performed is per plan, as was in the plans. Also, the request for had filed a letter of support when the item was before you. It seems that as the project was being constructed it was not as they had visualized from seeing the plan. They had concerns and wanted the scope of the project reduced. That shows the importance of explaining clearly what the scope of the project is, not everyone can understand the plans. Other items related to the Board of Appeals -- there will be some changes in the composition of the Board in December. Former President Tanya Peterson resigned. She is the Executive Director of the San Francisco Zoo. She has been doing an excellent job there and will be focusing full time on that position, an important position. Last night, current President Goh resigned from the Board of Appeals. She will be sitting for next week's hearing, but has announced she is moving to Beijing to take a new position which sounds exciting. We wish her the best, as well as Commissioner Peterson. During the years I have been observing them on the Board, I am impressed by their integrity and attention to detail. I wish them both the best in their endeavors. In terms of replacement Commissioners, Ms. Peterson was appointed by the Mayor, who has nominated Rich Hillis from the Office of Work Force Development. He left that office last year and is now the Executive Director of Mason Center. He has been nominated and will be undergoing a review and approval process for that. President Goh was a Board appointee and we have no word of a replacement for her.

 

HISTORIC PRESERVATION COMMISSION:

The Commission did not meet this week

 

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:     Tim Colen, Brad Paul, Paul Wermer, Arthur Chang, and Mark Bruno

RE:                   8 Washington

SPEAKER:       Linda Chapman

RE:                   Cala Foods site on California Street

 

F.            REGULAR CALENDAR 

 

12.                                                        (T. DISANTO/K. DEMARTINI: (415) 575-9113/575-9118)

FY 2012-2014 DEPARTMENT WORK PROGRAM BUDGET - A presentation of the high-level work program activities for the department in FY 2012-2013 and FY2013-2014 based on the current staffing levels in FY 2011-2012 and proposed dates where budget items will be discussed during the budget process.

 

SPEAKERS:     None

ACTION:           Informational only; no action required

 

13.        2011.1423B                                                                    (D. Winslow:  (415) 575-9159)

SALESFORCE MISSION BAY CAMPUS - Informational Presentation on the “Major Phase” of Salesforce.com’s corporate headquarters in the Mission Bay South Plan Area.  The “major phase” is a detailed master plan for the Salesforce campus which was approved by the Redevelopment Commission and provides the context for the review of individual buildings. The Salesforce master plan includes 8 buildings (Blocks 26-34) containing approximately 1.9 million square feet of office space, 65,000 square feet of retail, 4.2 acres of public open space, 2,111 auto parking spaces, and 450 bicycle parking spaces. In addition, the Commission will be provided a preview of the schematic design of four separate buildings on Blocks 29, 30, 31, and 32 that will be brought to the Commission at a later date for approval of Schematic Design and Office Allocation pursuant to Planning Code Section 321.

The Project site is located in the Mission Bay Commercial-Industrial-Retail Zoning District. 

Preliminary Recommendation:  Informational Presentation, no action requested. 

 

SPEAKERS:     None

ACTION:           Informational only; no action required

 

14.                                                                                            (L. LANGLOIS: (415) 575-9083)

WalkFirst - Informational update on the WalkFirst project, a collaborative effort between the San Francisco Department of Public Health, San Francisco Planning Department, San Francisco Municipal Transportation Agency, and San Francisco County Transportation Authority - The goal of the project is to identify key walking streets in San Francisco and establish a criteria to prioritize pedestrian improvements. This project builds on the Better Streets Plan and coordinates with other efforts to improve the City’s streets and transportation system. The project was funded for one year beginning October 1, 2010 through a grant provided by the California Office of Traffic Safety and this presentation update will include highlights of the project. Additional information is available at http://walkfirst.sfplanning.org

 

SPEAKERS:     None

ACTION:           Informational only; no action required

 

15.        2011.0716C                                                                           (M. Smith:  (415) 558-6322)

259 BROAD STREET - south side between Capitol and Orizaba Avenues; Lot 052 of Assessor’s Block 7114 - Request for Conditional Use Authorization pursuant to Planning Code Section 303 to modify the conditions of approval placed on the existing residential care facility in Motion No. 14958, Case No. 1999.644C, to allow for the construction of a one-story vertical addition that would add rooms for a caretaker’s unit to the existing facility, located within a RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

                        Preliminary Recommendation: Approval with Conditions

                        (Continued from Regular Meeting of December 1, 2011)

 

SPEAKERS:     Gus Fallay, representing Project Sponsor

ACTION:           Approved

AYES:              Antonini, Borden, Moore, Sugaya and Fong

            ABSENT:          Miguel

            MOTION:           18517

 

16.        2011.0566C                                                                    (M. Stahlhut: (415) 575-9116)

1408 California Street - northwest corner of California Street and Hyde Street, Lot 007 in Assessor’s Block 0249 - Request for Conditional Use Authorization under Planning Code Sections 303(c) and 723.83 for a proposed wireless telecommunications service facility operated by AT&T Mobility.  The facility would consist of up to 9 panel antennas on the roof and equipment located in the basement of an existing 5-story residential building with ground-floor retail..  The facility is proposed on a Location Preference 6 (Limited Preference Site) within the NCD (Polk Street Neighborhood Commercial) Zoning District and a 65-A Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     Collin Sloan, Linda Chapman, Michelle Ferrier, Barbara Skurman

ACTION:           Approved with Conditions, , including a condition from the Board of Supervisors (BOS) to require a third party assessment of coverage and capacity needs

AYES:              Antonini, Borden, Moore, Sugaya and Fong

            ABSENT:          Miguel

            MOTION:           18518

 

17.        2010.0791C                                                                         (S. Vellve:  (415) 558-6263)

900 BAKER STREET - - northwest corner of Turk Street and Saint Joseph’s Avenue; Lot 005 in Assessor’s Block 1118 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.6(b) and 303, to allow T-Mobile to locate up to five (5) WTS panel antennas within three existing church cupolas and related equipment at the St. John the Baptist Serbian Orthodox Cathedral, within a RM-1 (Residential, Mixed, Low Density) District and 40-X Height and Bulk District. The site is a Location Preference 1 (publicly-used structure).

Preliminary Recommendation: Approval with Conditions

This case was previously advertised for a hearing on December 1 and/or December 8, 2011. At the December 1, 2011 hearing, the case was continued to January 12, 2012.

 

SPEAKERS:     None

ACTION:           The project was withdrawn

 

18.        2011.1327C                                                                                (K. Guy: (415) 558-6163)

401 GROVE STREET - southwest corner at Gough Street, Lot 036 of Assessor’s Block 0808 - Request for Conditional Use Authorization to amend the conditions of approval for a previously-approved project in order to allow seven additional parking spaces in a tandem configuration, exceeding the number of spaces principally permitted by the Planning Code. The associated project was approved on July 14, 2011, and proposes to demolish an existing surface parking lot and construct a new five-story mixed-use building containing approximately 63 dwelling units, 5,000 square feet of ground floor commercial uses, and 37 off-street parking spaces within an underground garage (Case No. 2011.0399C). The requested amendment would increase the total number of off-street parking spaces to 44.

Preliminary Recommendation:  Disapproval

 

SPEAKERS:     David Baker, representing Project Sponsor, Elizabeth Costello

ACTION:           Following public hearing the Commission continued the item to 2/16/12. The public hearing remains open.

AYES:              Antonini, Borden, Sugaya and Fong

NAYES:            Moore

            ABSENT:          Miguel

 

19.        2011.1249C                                                                           (B. BENDIX:  (415) 575-9114)

2500 Bryant Street - southwest corner of the intersection of Bryant Street and 23rd Street; Lot 001 of Assessor’s Block 4208 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 186, 303, and 727.42 to convert a retail grocery store to a full-service restaurant (d.b.a. Local’s Corner) within an RM-1 (Low Density, Residential, Mixed) Zoning District, and a 40-X Height and Bulk District. The proposal also includes an outdoor seating area on the sidewalk for the restaurant. The use is not identified as a formula retail use.

Preliminary Recommendation:  Approval with Conditions

 

SPEAKERS:     None

ACTION:           Without hearing, continued to 1/26/12

AYES:              Antonini, Fong, Moore, and Sugaya

            ABSENT:          Borden and Miguel

                         

            20a.      2011.0379DV                                                                 (D. SANCHEZ: (415) 575-9082)

1 MASSASOIT STREET southwest corner of Franconia Street; Lot 001 in Assessor’s Block 5554 – Staff Initiated Discretionary Review of Building Permit Application No. 2010.08.20.9282 for an expansion at the rear of an existing single family dwelling. The project site is located in the RH-1 (Residential, House, One-Family) Zoning District, the Bernal Heights Special Use District and a 40-X Height and Bulk Districts.

Preliminary Recommendation: Take Discretionary Review and approve with modifications

(Continued from Regular Meeting of December 15, 2011)

 

SPEAKERS:     Shawn Monahan - Project Sponsor, Terry Milne, Bonnie Bridges

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

AYES:              Antonini, Borden, Sugaya, and Fong

NAYES:            Moore

            ABSENT:          Miguel

            DRA:                0249

 

20b.      2011.0379DV                                                                     (D. SÁNCHEZ: (415) 575-9082)

1 MASSASOIT STREET - southwest corner of Franconia Street; Lot 001 in Assessor’s Block 5554 – Request for Variances to Planning Code Section 242 to construct a stair and deck in the required rear yard and to provide one off-street parking space where two are required. The project site is located in the RH-1 (Residential, House, One-Family) Zoning District, the Bernal Heights Special Use District and a 40-X Height and Bulk Districts.

(Continued from Regular Meeting of December 15, 2011)

 

SPEAKERS:     Same as those listed for item 20a

ACTION:           The Zoning Administrator closed the public hearing and stated his inclination to grant the variances

 

 

21.        2011.0945DD                                                                     (A. PUTRA: (415) 575-9079)

                        1948 OCEAN AVENUE - northeast corner of Ocean Avenue and Fairfield Way; Lot 020C in Assessor’s Block 3281 - Request for Discretionary Review of Building Permit Application No. 2010.05.02.5120 proposing a change of use to establish a new "Other Entertainment" use to operate as a billiard hall (d.b.a. Legend Billiard Hall) with an accessory beverage store selling only non-alcoholic beverages and will involve interior tenant improvements.  The project site is a vacant commercial space that was previously a senior center and is located within the Ocean Avenue Neighborhood Commercial Transit District and 45-X Height and Bulk Districts.

                        Preliminary Recommendation: Do not take Discretionary Review and approve

                       

SPEAKERS:     Jeff Picardy - DR requestor, Paul Conroy - DR requestor, Robert Karis, Mr. Henry, Paul Andrini, Carolyn Karis, Irene Creps, Ron Abta, Michelle Sherry, Kathleen Woods, Hanna Leon, representing Project Sponsor, Hanly Chan

ACTION:           The Commission took DR and approved the project with conditions

AYES:              Borden, Moore, Sugaya and Fong

NAYES:            Antonini

            ABSENT:          Miguel

            DRA:                0250

 

            22.        2011.0625D                                                                          (A. Putra: (415) 575-9079)

                        100 EDNA STREET - northeast corner of Edna Street and Marston Avenue; Lot 021 in Assessor’s Block 3182 - Request for Discretionary Review of Building Permit Application No. 2010.02.23.0811 to demolish an existing rear deck and construct a two-story horizontal addition at the rear of a two-story, single-family building.  The proposed horizontal addition is approximately 24 feet deep, with a setback of at least 5 feet from the northern side property line and will not increase the height of the building.  The proposed addition will extend approximately 8 feet further than the rear wall of the adjacent building to the north.  The project site is located within a RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District.

                        Preliminary Recommendation: Do not take Discretionary Review and approve

 

SPEAKERS:     Brad Dorian - DR requestor, Bill Quan - Project Architect, Joey Chung

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

AYES:              Antonini, Borden, Moore, and Fong

NAYES:            Sugaya

            ABSENT:          Miguel

            DRA:                0251

 

G.         PUBLIC COMMENT

 

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items.  With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting with one exception.  When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Commission has closed the public hearing, your opportunity to address the Commission must be exercised during the Public Comment portion of the Calendar.  Each member of the public may address the Commission for up to three minutes.

 

The Brown Act forbids a commission from taking action or discussing any item not appearing on the posted agenda, including those items raised at public comment.  In response to public comment, the commission is limited to:

 

(1)  responding to statements made or questions posed by members of the public; or

(2)  requesting staff to report back on a matter at a subsequent meeting; or

(3)   directing staff to place the item on a future agenda.  (Government Code Section 54954.2(a))

 

None

 

Adjournment: 6:59 PM

 

Adopted: January 12, 2012

 
Last updated: 3/9/2012 12:59:15 PM