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February 23, 2012

New Page 1

 

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, February 23, 2012

12:00 PM

Regular Meeting

 


COMMISSIONERS PRESENT:  Miguel, Antonini, Borden, Fong, Moore, Sugaya, Wu

 

THE MEETING WAS CALLED TO ORDER BY PRESIDENT MIGUEL AT 12:07 P.M.

 

STAFF IN ATTENDANCE:  John Rahaim – Director of Planning, Scott Sanchez- Zoning Administrator, K. Haddadan, Kimberly Durandet, Aaron Starr, Brittany Bendix, Rich Sucre, Corey Teague, Dianne Sokolove, 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.

           

            1.         2007.0030E                                                                    (P. MALTZER: (415) 575-9038)

8 WASHINGTON STREET - north side of Washington Street between The Embarcadero and Drumm Street; Assessor’s Block 168/Lot 58, Block 171/69, Block 201/Lot 12 and Seawall Lot 351, which includes Lot 13. – Certification of the Final Environmental Impact Report. The proposed project would include demolition of the existing health club, swimming and tennis facility, and the existing surface parking lot on Seawall Lot 351, and construction of two residential buildings south of the Jackson Street alignment that would contain approximately 165 residential units and range in height from 4 to 12 stories.  The project would also construct a new fitness center, tennis and swimming facility, and restaurant/retail space.  The residential buildings, underground parking for up to 420 parking spaces, retail and restaurant use, fitness center, common areas and service/core space would encompass approximately 575,000 gross square feet of space.  North of the residential buildings, a new publicly accessible open space would be constructed to align with Jackson Street.  North of this open space, the new fitness center building, two swimming pools, and four tennis courts would be constructed.  The northern end of the site would contain a restaurant and publicly accessible open space.  The project site is in the RC-4 (Residential/Commercial Combined: High Density) use district and the 84-E height and bulk district.

Note: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on August 15, 2011. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission during the Public Comment portion of the Commission calendar.

Preliminary Recommendation: Certify the Final Environmental Impact Report

                                (Continued from Regular Meeting of January 19, 2012)

                        (Proposed for Continuance to March 8, 2012)

 

SPEAKERS:     Jill Griffin and Jack Jensen

ACTION:           Continued as proposed

AYES:              Miguel, Antonini, Borden, Fong, Moore, Sugaya, Wu

 

                2a.        2007.0030ECKMRZ                                                                    (K. GUY: (415) 558-6163)

8 WASHINGTON STREET - north side of Washington Street between The Embarcadero and Drumm Street; Assessor’s Block 168/Lot 58, Block 171/69, Block 201/Lot 12 and Seawall Lot 351, which includes Lot 13  - Adoption of Findings under the California Environmental Quality Act. The project proposes to demolish the existing surface parking lot and Golden Gateway Tennis and Swim Club, and construct a new health club, residential buildings ranging from four to twelve stories in height containing 145 dwelling units, ground-floor retail uses totaling approximately 20,000 square feet, and 400 off-street parking spaces, within the RC-4 (Residential-Commercial, High Density) District, and the 84-E Height and Bulk District.

Preliminary Recommendation: Adopt California Environmental Quality Act Findings

                                (Continued from Regular Meeting of January 19, 2012)

                        (Proposed for Continuance to March 8, 2012)

 

SPEAKERS:     Jill Griffin and Jack Jensen

ACTION:           Continued as proposed

AYES:              Miguel, Antonini, Borden, Fong, Moore, Sugaya, Wu

 

                2b.        2007.0030ECKMRZ                                                                   (K. GUY: (415) 558-6163)               

8 WASHINGTON STREET - north side of Washington Street between The Embarcadero and Drumm Street; Assessor’s Block 168/Lot 58, Block 171/69, Block 201/Lot 12 and Seawall Lot 351, which includes Lot  - Request for Conditional Use Authorization for review of a building exceeding 50 feet in an RC District (Section 253), to allow a non-accessory off-street parking garage (Section 209.7(d)), to allow non-residential uses exceeding 6,000 square feet (Section 209.8(f)), to allow commercial uses above the ground floor (Section 209.8(c)), and to approve a Planned Unit Development with specific modifications of Planning Code regulations regarding bulk limitations, rear yard, and off-street parking quantities. The project proposes to demolish the existing surface parking lot and Golden Gateway Tennis and Swim Club, and construct a new health club, residential buildings ranging from four to twelve stories in height containing 145 dwelling units, ground-floor retail uses totaling approximately 20,000 square feet, and 400 off-street parking spaces, within the RC-4 (Residential-Commercial, High Density) District, and the 84-E Height and Bulk District.

Preliminary Recommendation: Approval with Conditions   

                                (Continued from Regular Meeting of January 19, 2012)

                                (Proposed for Continuance to March 8, 2012)

 

SPEAKERS:     Jill Griffin and Jack Jensen

ACTION:           Continued as proposed

AYES:              Miguel, Antonini, Borden, Fong, Moore, Sugaya, Wu

 

                2c.          2007.0030ECKMRZ                                                                                           (K. GUY: (4150 558-6163)               

8 WASHINGTON STREET - north side of Washington Street between The Embarcadero and Drumm Street; Assessor’s Block 168/Lot 58, Block 171/69, Block 201/Lot 12 and Seawall Lot 351, which includes Lot - Request to Consider jointly with the Recreation and Park Commission the establishment of a cumulative shadow limit for Sue Bierman Park, pursuant to the jointly-approved Section 295 Implementation Memo adopted in 1989. The project proposes to demolish the existing surface parking lot and Golden Gateway Tennis and Swim Club, and construct a new health club, residential buildings ranging from four to twelve stories in height containing 145 dwelling units, ground-floor retail uses totaling approximately 20,000 square feet, and 400 off-street parking spaces, within the RC-4 (Residential-Commercial, High Density) District, and the 84-E Height and Bulk District.

Preliminary Recommendation:  Establish Cumulative Shadow Limit

                                (Continued from Regular Meeting of January 19, 2012)

                                (Proposed for Continuance to March 8, 2012)

 

SPEAKERS:     Jill Griffin and Jack Jensen

ACTION:           Continued as proposed

AYES:              Miguel, Antonini, Borden, Fong, Moore, Sugaya, Wu

 

                2d.        2007.0030ECKMRZ                                                                                        (K. GUY: (4150 558-6163)               

8 WASHINGTON STREET - north side of Washington Street between The Embarcadero and Drumm Street; Assessor’s Block 168/Lot 58, Block 171/69, Block 201/Lot 12 and Seawall Lot 351, which includes Lot 13 - Request to Consider whether the net new shadow cast by the project on Sue Bierman Park will be adverse, and to authorize the allocation of the cumulative shadow limit for Sue Bierman Park to the project (Section 295). The project proposes to demolish the existing surface parking lot and Golden Gateway Tennis and Swim Club, and construct a new health club, residential buildings ranging from four to twelve stories in height containing 145 dwelling units, ground-floor retail uses totaling approximately 20,000 square feet, and 400 off-street parking spaces, within the RC-4 (Residential-Commercial, High Density) District, and the 84-E Height and Bulk District.

Preliminary Recommendation:  Adopt Findings that Shadow is Not Adverse

                                (Continued from Regular Meeting of January 19, 2012)

                        (Proposed for Continuance to March 8, 2012)

 

SPEAKERS:     Jill Griffin and Jack Jensen

ACTION:           Continued as proposed

AYES:              Miguel, Antonini, Borden, Fong, Moore, Sugaya, Wu

 

2e.        2007.0030ECKMRZ                                                                  (K. GUY: (4150 558-6163)

8 WASHINGTON STREET - north side of Washington Street between The Embarcadero and Drumm Street; Assessor’s Block 168/Lot 58, Block 171/69, Block 201/Lot 12 and Seawall Lot 351, which includes Lot 13   - Request for General Plan Amendment (Section 340) to "Map 2 - Height and Bulk Plan" within the Northeastern Waterfront Area Plan of the General Plan (Section 340), to reclassify two portions of the southwestern portion of the development site from the existing 84-foot height limit to a height of 92 feet in one portion, and 136 feet in another portion. The project proposes to demolish the existing surface parking lot and Golden Gateway Tennis and Swim Club, and construct a new health club, residential buildings ranging from four to twelve stories in height containing 145 dwelling units, ground-floor retail uses totaling approximately 20,000 square feet, and 400 off-street parking spaces, within the RC-4 (Residential-Commercial, High Density) District, and the 84-E Height and Bulk District.

Preliminary Recommendation: Recommend Approval to the Board of Supervisors.

                                (Continued from Regular Meeting of January 19, 2012)

                        (Proposed for Continuance to March 8, 2012)

 

SPEAKERS:     Jill Griffin and Jack Jensen

ACTION:           Continued as proposed

AYES:              Miguel, Antonini, Borden, Fong, Moore, Sugaya, Wu

 

2f.         2007.0030ECKMRZ                                                                  (K. GUY: (4150 558-6163)

8 WASHINGTON STREET - north side of Washington Street between The Embarcadero and Drumm Street; Assessor’s Block 168/Lot 58, Block 171/69, Block 201/Lot 12 and Seawall Lot 351, which includes Lot 13 - Consideration of a motion making findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. The project proposes to demolish the existing surface parking lot and Golden Gateway Tennis and Swim Club, and construct a new health club, residential buildings ranging from four to twelve stories in height containing 145 dwelling units, ground-floor retail uses totaling approximately 20,000 square feet, and 400 off-street parking spaces, within the RC-4 (Residential-Commercial, High Density) District, and the 84-E Height and Bulk District.

Preliminary Recommendation: Adopt General Plan Consistency Findings

                                (Continued from Regular Meeting of January 19, 2012)

                        (Proposed for Continuance to March 8, 2012)

 

SPEAKERS:     Jill Griffin and Jack Jensen

ACTION:           Continued as proposed

AYES:              Miguel, Antonini, Borden, Fong, Moore, Sugaya, Wu

 

2g.        2007.0030ECKMRZ                                                                  (K. GUY: (4150 558-6163)

8 WASHINGTON STREET - north side of Washington Street between The Embarcadero and Drumm Street; Assessor’s Block 168/Lot 58, Block 171/69, Block 201/Lot 12 and Seawall Lot 351, which includes Lot 13 - Request for Height Reclassification (Section 302) of Zoning Map HT01 to reclassify two portions of the southwestern area of the development site from the 84-E Height and Bulk District to the 92-E Height and Bulk District in one portion, and the 136-E Height and Bulk District in another portion. The project proposes to demolish the existing surface parking lot and Golden Gateway Tennis and Swim Club, and construct a new health club, residential buildings ranging from four to twelve stories in height containing 145 dwelling units, ground-floor retail uses totaling approximately 20,000 square feet, and 400 off-street parking spaces, within the RC-4 (Residential-Commercial, High Density) District, and the 84-E Height and Bulk District.

Preliminary Recommendation: Recommend Approval to the Board of Supervisors.

                                (Continued from Regular Meeting of January 19, 2012)

                                (Proposed for Continuance to March 8, 2012)

 

SPEAKERS:     Jill Griffin and Jack Jensen

ACTION:           Continued as proposed

AYES:              Miguel, Antonini, Borden, Fong, Moore, Sugaya, Wu

 

3.         2011.1216C                                                                               (D. VU: (415) 575-9120)

9 WEST PORTAL AVENUE – south side between Ulloa and Vicente Streets; Lot 029 in Assessor’s Block 2979A – Request for Conditional Use Authorization, pursuant to Planning Code Section 303, to modify the Conditions of Approval contained in Motion No. 18163, Case No. 2010.0422C, and allow an increase in the permitted hours of operation and an increase in the number of seats for the existing bar/liquor (d.b.a. Vin Debut) within the West Portal Avenue NC (Neighborhood Commercial)  Zoning District and 26-X Height and Bulk District.

Preliminary Recommendation:  Approval with Conditions

                        (Proposed for Indefinite Continuance)

 

SPEAKERS:     None

ACTION:           Continued as proposed

AYES:              Miguel, Antonini, Borden, Fong, Moore, Sugaya, Wu

 

 

4.            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

                        (Continued from Regular Meeting of February 9, 2012)

WITHDRAWN

 

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.         2012.0016T                                                                    (K. Haddadan: (415) 575-9068)

PROPOSED AMENDMENTS TO PLANNING CODE SECTION 179.1 (b)The Commission will consider an Ordinance introduced by Supervisor Cohen to 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. In addition, the Commission will consider the Planning Department’s proposal to extend this period even further for six months. The Planning Department also proposes to establish a time limit between when a letter of legitimization is issued and when subsequent required applications are filed.

Preliminary Recommendation: Approval with Modifications.

 

SPEAKERS:     Supervisor Cohen’s Aide and Sue Hestor

ACTION:           Approved

AYES:              Miguel, Antonini, Borden, Fong, Moore, Sugaya, Wu

MOTION:           18549

 

6.         2011.1059C                                                                    (M. Stahlhut: (415) 575-9116)

211 Sutter Street - southwest corner of Sutter Street and Kearny Street, Lot 001 in Assessor’s Block 0293 - Request for Conditional Use Authorization under Planning Code Sections 227(i) and 303 for a proposed wireless telecommunications service facility operated by AT&T Mobility.  The facility would consist of up to nine antennas located on the rooftop and associated equipment located in the basement.  The facility is proposed on a Location Preference 4 Site (Industrial or Commercial Structures) within the C-3-0 (Downtown Office Commercial) Zoning District and 80-130-F Height and Bulk District. A Minor Permit to Alter was granted and determined to be consistent with the purpose of Article 11, to the meet the standards of Article 11, and to meet the secretary of interior’s standards for rehabilitation on January 9, 2012.

Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     None

ACTION:           Approved

AYES:              Miguel, Antonini, Borden, Fong, Moore, Sugaya, Wu

MOTION:           18546

 

 

 

7.         2011.1145C                                                                    (K. DURANDET: (415) 575-6816)

601 TOMPKINS AVENUE - northeast corner of Tompkins Avenue and Banks Street, Lots 017 and 018, Assessor’s Block 5701 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 608.14 to allow for the restoration of a vintage sign within the RH-1(Residential House, Single-Family) Zoning District, Bernal Heights Special Use District, and a 40-X Height and Bulk District.

Preliminary Recommendation:  Approval with Conditions

 

SPEAKERS:     Sean R. McKena, Bill Nieto, Richard Modolo, Steve Swanson,

ACTION:           Approved

AYES:              Miguel, Antonini, Borden, Fong, Moore, Sugaya, Wu

MOTION:           18547

 

C.         COMMISSIONERS’ QUESTIONS AND MATTERS

 

8.         ELECTION OF OFFICERS:  In accordance with the Rules and Regulations of the San Francisco Planning Commission, the President and Vice President of the Commission shall be elected at the first Regular Meeting of the Commission held on or after the 15th day of January of each year, or at a subsequent meeting, the date which shall be fixed by the commission at the first Regular Meeting on or after the 15th day of January each year.

            (Continued from Regular Meeting of January 19, 2012)

 

SPEAKERS:     None

ACTION:           Elected Rodney Fong as President and Cindy Wu as Vice-President

AYES:              Miguel, Antonini, Borden, Fong, Wu

NAYES:            Moore and Sugaya

NOTE:              Commissioner Miguel continued to Chair the remainder of the meeting

 

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.

 

D.         DIRECTOR’S REPORT

 

10.        Director’s Announcements

 

            11.        Resolution commending John Billovits’ 20 years of service with the City of San                                            Francisco.

 

ACTION:           Approved

AYES:              Miguel, Antonini, Borden, Fong, Moore, Sugaya, Wu

MOTION:           18548

 

12.                                                                                                      (K. GUY: (415) 558-6163)

55 9TH STREET - Informational item - Regarding the current design and program for the 55 9th Street project, (Case Nos. 2006.1248CKVX and 2011.0089CVX).

 

ACTION:     Information only – no action required

 

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

 

BOARD OF SUPERVISORS:

No report

BOARD OF APPEALS:

No report

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: Jim Salinas;

                                 Linda Chapman

                                 Re: Conditional Use violations

           

F.            REGULAR CALENDAR 

 

14.        2012.0017T                                                                          (A. Starr: (415) 558-6362)

PROPOSED PLANNING CODE AMENDMENT TO SECTION 713.61 – The Commission will consider an Ordinance introduced by Supervisor Elsbernd concerning automobile sales and rental in NC-S (Neighborhood Commercial, Shopping Center) Districts.  Specifically, the proposed Ordinance would amend the San Francisco Planning Code Section 713.61 to: (1) allow an automobile sale or rental use in NC-S Districts as a conditional use; and (2) make 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.

Preliminary Recommendation: Approval of Proposed Ordinance to Board of Supervisors.

 

SPEAKERS:     Dee Dee Wordman

ACTION:           Approved

AYES:              Miguel, Antonini, Borden, Fong, Moore, Sugaya, Wu

MOTION:           18550

 

15.        2011.1304C                                                                           (B. BENDIX:  (415) 575-9114)

1245 South Van Ness Avenue - east side of South Van Ness Avenue, between 23rd and 24th Streets; Lots 046 and 070 of Assessor’s Block 3641 - Request for Conditional Use Authorization, pursuant to Planning Code Section 303 and 703.3 to establish a formula retail grocery store (d.b.a. Fresh and Easy) within NC-3 (Moderate Scale, Neighborhood Commercial) and RH-2 (Residential House, Two-Family) Zoning Districts, a 40-X/50-X Height and Bulk District, and the Mission Alcoholic Beverage Special Use District. The project will divide the existing 21,452 square-foot grocery store into a new 16,241 square-foot grocery store (Fresh and Easy, a formula retail use) and a 5,211 square-foot commercial retail space (tenant, t.b.d.).

Preliminary Recommendation:  Approval with Conditions

 

SPEAKERS:     Larry Badiner, Oscar Grande, Connie Weber, Jim Salinas, Roger Marenco, Lorena Melgarejo, Catherine Merceds Judge, Jorge Castillo

ACTION:           Continued to 3/5/12

AYES:              Miguel, Antonini, Borden, Fong, Moore, Sugaya, Wu

16.        2011.0929C                                                                           (R. Sucré: (415) 575-9108)

1401 Howard Street - located on the southwest corner of 10th and Howard Streets, Lot 035 in Assessor’s Block 3517 - Request for Conditional Use Authorization under Planning Code Sections 803.9(a) and 303 to convert an existing vacant church into office, retail and assembly uses within the SLR (Service/Light Industrial/Residential) Zoning District, Western SOMA Special Use District, SOMA Special Sign District, and a 50-X Height and Bulk District. The proposed project consists of exterior and interior alterations, including a seismic upgrade and construction of a new mezzanine level within the church interior. The subject property is Landmark No. 120. Proposed exterior work is subject to Historic Preservation Commission Review and Approval under Case No. 2011.0929A.

Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     Chris Fowley

ACTION:           Approved

AYES:              Miguel, Antonini, Borden, Fong, Moore, Sugaya, Wu

MOTION:           18551

 

17.        2011.1403C                                                                       (C. Teague:  (415) 575-9081)

3500 19th Street - south side at the southwest corner of the intersection with Valencia Street, Lot 012 in Assessor's Block 3588 - Request for Conditional Use Authorization to modify the existing project's original motion of approval (No. 17560) to allow the project to pay the affordable housing in-lieu fee instead of providing three on-site affordable housing units in the Valencia Street NCT (Neighborhood Commercial Transit) Zoning District, Mission Alcoholic Beverage Special Use Subdistrict, and 55-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     Supervisor Cohen’s Aide and Sue Hestor

ACTION:           Approved

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

RECUSED:       Wu

MOTION:           18552

 

18.        2007.0039E                                                                    (D. SOKOLOVE: (415) 575-9046)

SFPUC SAN ANTONIO BACKUP PIPELINE PROJECT - Public Hearing on the Draft Environmental Impact Report. The San Francisco Public Utilities Commission (SFPUC) proposes to implement the San Antonio Backup Pipeline (SABPL) project to provide reliable conveyance capacity for discharges of water out of the SFPUC regional water system. Proposed improvements include a 7,000-foot-long backup pipeline, discharge facilities, a pump station and wet well, ancillary pipelines, and a cutoff wall to facilitate water management in an existing quarry pit. All project components would be located in the Sunol Valley, an unincorporated area of Alameda County, on lands owned by the City and County of San Francisco and managed by the SFPUC.

Note: Written comments will be accepted at the Planning Department’s offices until the close of business on March 12, 2012

Preliminary Recommendation: No Action Required

 

SPEAKERS:     None

ACTION:           Public hearing on 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:  2:35 PM in honor of May Louie

 

Adopted:  May 17, 2012

 

 

 

 

 

 

 
Last updated: 5/18/2012 1:32:22 PM