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March 15, 2012

New Page 1

 

SAN FRANCISCO

PLANNING COMMISSION

 

Meeting Minutes

 

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, March 15, 2012

12:00 PM

Regular Meeting

 

President:  Rodney Fong

Vice President:  Cindy Wu

                        Commissioners: Michael J. Antonini; Gwyneth Borden; Ron Miguel; Kathrin Moore;

Hisashi Sugaya

 

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

 

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

 

STAFF IN ATTENDANCE:  John Rahaim – Director of Planning, Scott Sanchez - Zoning Administrator, Sara Vellve, Brittany Bendix, Corey Teague, David Lindsay, Delvin Washington,  Linda Avery - Commission Secretary.

 

A.            CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

 

The Commission will consider a request for continuance to a later date.  The Commission may choose to continue the item to the date proposed below, to continue the item to another date, or to hear the item on this calendar.

           

1.         2011.0605C                                                                                 (S. Lai: (415) 575-9087)

2199 Market Street - east side between 15th and Sanchez Streets; Lot 036 in Assessor’s Block 3558 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303(i) and 703.4 to convert a vacant commercial space into a formula retail use at the ground floor, (d.b.a. Verizon Wireless) within the Upper Market NCT (Neighborhood Commercial Transit) Zoning District and 50-X Height and Bulk District.

Preliminary Recommendation:

                        (Proposed for Continuance to April 5, 2012)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

 

2.         2011.0397T                                                                     (S. Hayward: (415) 558-6372)

Amendments to Planning Code Sections 150, 155.1, 155.2, 155.3, 155.4, and 155.5 Considering Amendments to the Planning Code to consolidate and clarify definitions, design standards, and requirements for bicycle parking; and adopt findings – including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.

Preliminary Recommendation:

                        (Proposed for Continuance to April 5, 2012)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

           

3.         2011.1151D                                                                          (A. STARR: (415) 558-6362)

640 HAYES STREET - north side between Laguna and Buchannan Streets; Lot 008 in Assessor’s Block 0806 - Request for Discretionary Review of Building Permit Application No. 2010.12.08.6310, proposing to legalize a horizontal addition constructed without permit, and to add a new dwelling unit at the ground floor of the existing three-story, two-unit building within the RTO (Residential, Transit Oriented) Zoning District and 40-X Height and Bulk District.

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Do not take Discretionary Review and approve

            (Continued from Regular Meeting of January 19, 2012)

            (Proposed for Continuance to April 12, 2012)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

 

4.         2011.1143D                                                                          (A. STARR: (415) 558-6362)

2123 PIERCE STREET - west side between Clay and Sacramento Streets; Lot 002 in Assessor’s Block 0632 - Request for Discretionary Review of Building Permit Application No. 2011.02.04.9646, proposing to construct a two-story, horizontal addition at the rear of the two-story, single-family house 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

                        (Continued from Regular Meeting of January 19, 2012)

                        DISCRETIONARY REVIEW REQUEST 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.         2012.0080C                                                                           (S. Young: (415) 558-6346)

2060 FILLMORE STREET - southeast corner of California and Fillmore Streets; Lot 023 in Assessor’s Block 0653 - Request for Conditional Use Authorization under Sections 303 and 718.43 of the Planning Code for the change of use of an existing coffee store use (d.b.a. Royal Ground Coffee) to a large fast food restaurant use (d.b.a. Royal Ground Coffee) with approximately 1,300 square feet of floor area on the ground floor of a three-story, mixed-use building within the Upper Fillmore Street Neighborhood Commercial District and a 40-X Height and Bulk District. No tenant improvements are proposed within the existing commercial space nor are changes proposed to the exterior building envelope.  The project sponsor is proposing to add Alcoholic Beverage License Type 41 in order to serve beer and/or wine for drinking on the premises.

                        Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     None

ACTION:           Approved

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

MOTION:           18556

 

C.         COMMISSIONERS’ QUESTIONS AND MATTERS

 

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:

A couple of items worth noting:  There was an article Monday in The Examiner that I thought was quite well written.  It talked about the whole issues of legalization of uses in PDRs of my time and went through the entire program. There were a number of issues, of course, defining what areas should be kept industrial or changed to PDR. The definition of PDR is particularly tricky these days because we have so many hybrids that have some offices and some production and some other uses that are hard to define. I think it would be well if as this goes through the Land Use Committee and the Supervisors that these things are looked at carefully and also to take a look at the structure and see if it is in fact appropriate or not; compare it to businesses who are already in the area and what are they paying and what is typical? What is the correct amount? I do not have those answers, but I'm hoping this is explored during this process. It is a great opportunity for charity to make sure that we are relevant to the situation that exists in 2012 and the changing nature of business of all types -- that is important to acknowledge.

On a second note - a troubling development. Linda may have a picture to put on the screen. I noted it through the internet that there is a young man named Michael Antonini who is a left-handed pitcher for the Dodger’s organization. You'll probably know six-foot, 200 lbs. -- or 6 ft. 2 in., two hundred pounds. I usually qualify for the two hundred pounds part. Anyway, this is disturbing. I thought it would be of interest to anybody who May be confused. I will have to put it on the form 700.

Commissioner Miguel:

I attended an interesting meeting of the Cayuga Improvement Association out in the far end of San Francisco. The Police Captain was there. The basis of the meeting was basically about two or three medical cannabis dispensaries. The Captain did an excellent job. He is already in touch with two and has an appointment with the third. It was a very good discussion and a large attendance for it. They asked questions as to how the Planning Commission views it and everything and it went very well.

There was also something else that comes before us from time to time. This week, the Community Leadership Alliance is discussing liquor ABC permits, and that ABC enforcement officer and her assistant were there and work for a number of restaurant and bar owners. There's a great deal of community engagement and information going on. Hopefully, that will help lighten our load as we go along.

SPUR had two deals this week that concern us. One is a series of three on fine grain design. It was very well received and it was extremely well attended despite the weather. The other one was yesterday on the future of the Tenderloin. But that was particularly interesting in the way that the speakers approached it.

I had the pleasure of taking a look at the plaza designed that' UCSF is putting together for the new Mission Bay Hospital - The Women and Children’s Hospital. It is a very large, two-block long plaza, it looks like it will be very manageable; and what the public is probably not as aware of is that on other side of the plaza -- this is going east from where the present hospital is being built - is slated possibly in their future plans for another major hospital. The plaza would be enclosed by it. They have not pushed that too much because it is somewhat in the future. But the size of the plaza probably could accommodate the two without a question.

I also saw some preliminary designs of Archstone’s two projects for Showplace Square.  One is from David Baker and one is from Wharton Architects. They will be quite different from each other. The neighborhood was pushing them to do something different in their designs. Not necessarily going back to the previous two centuries of the brick buildings and trying to emulate them, but trying to come into the 21st Century. It was quite a lot of committee thought in that regard.

Last night, there was a presentation of the cleanup that is being done at the former Morandt power plant. They're starting the final cleanup this year from west to east to the water. It will be finished probably around 2017. It is a series starting with the PG&E property. It would be developed first and going through the old Morandt. I forget the name of the firm that bought them out, or the new name of the firm, anyway, a lot of stuff going on.

Commissioner Wu:

Congratulations to Commissioner Miguel.

Last week, I attended a meeting in the [not clear] park. I think it is a model for how the Department has done public outreach. As I understand it, there is some study being done about public outreach and as that is developed in the upcoming months, it would be great to have a presentation here. I do not know if that is a six- month frame of work, or what time frame that report will be wrapped up.

Commissioner Sugaya:

I did not remember to bring it with me, but I do not know if people are familiar with a publication called "Monocle." there was an article in which they're referring to hardware stores, and the author was lamenting the invasion in his neighborhood of ice cream parlors and boutiques replacing neighborhood businesses. It sounded extremely familiar to me .I will scan it and make a copy for people. Also, there is a new parklet on Jones Street. This one is in front of a massage parlor. I do not know who sponsored that. Maybe you can get a chair massage.  Anyway, and following on Commissioner Miguel's comment about designs, I think 20th Century's great.

Commissioner Borden:

I do not know if you saw the article from Director Rahaim, but there was an article in the Business Times that talked about putting a giant dog on top of the building, and wouldn't it be great if corporate headquarters could buy the air rights above the building to make a contribution to the City to make a large sign?  I asked Director Rahaim if a giant flying dog would be considered a sign.  He said that it would be when these corporations have a presence there, and owning a building like that, they would like to have a sign. Would a giant dog be art? Could it be art?  We have talked before about having commission approval. It is an issue that comes up quite frequently. We always have conditions of approval put into documents and a lot of the conditions are not enforceable, or not even within our jurisdiction. I think it would be great to have a conversation about conditions of approval, you know, getting advice from the City Attorney about what things are in our jurisdiction and what are not; and how we can do a better job of crafting those so they are enforceable, and learn a little ore about how the department does enforcement. I know we have very few staff members that are on that. I think that would be helpful for the public as well.

Commissioner Moore:

City Place, which we spent quite a bit of time on several months ago, maybe a year or year and a half ago, went on the auction block yesterday.

Commissioner Moore:

We would like to stay informed on what the next step would be. There's a very important transformation on Market Street at the bottom of Powell Street, if you could keep us posted. Thank you.

Commissioner Sugaya:   Perhaps Commissioner Borden and his staff could suggest using the doggie diner hat. It has a historic status and it would give it a little bit more [something].

 

 

D.         DIRECTOR’S REPORT

 

7.             Director’s Announcements

 

Director Rahaim:

 I was also going to bring up the memo at 3049 16th Street. They are operating as the very good neighbor right now. We're pleased with the way that is going.

Commissioner Antonini mentioned The Examiner’s article about the legitimization of office space.  For the record, I wanted to note that the number of businesses affected that was noted in that article, we think, is way beyond what is the case. The article noted that there may be 1000 businesses affected. We think there are no more than 100. It is not clear where that information came from and we are trying to look into more detail so we can get a bit better number. The one thing that really struck all of us was that number. For whatever reason, we think it is a grossly exaggerated number from what is out there.

I actually do not have any other announcements today, unless you have questions.

 

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

 

LAND USE COMMITTEE:

There were two items on this Monday’s Land Use Committee’s Agenda.

 

§  Interagency Plan Implementation Committee Annual Progress and Planning Code Development Impact Fee Reports.  Staff had provided this report to the Commission in January of this year.  The IPIC report provides an update on progress towards (of course) “implementing” the area plans and the proposed capital plan for impact fees in each area.  As part of this report, Department staff summarized the Controller’s Annual Development Impact Fee report and updated fee amounts for 2012. The Committee members were interested in hearing specifics about where the funding would be spent.  A member of the public stated that the impact fees only cover 30% of the projected impacts and therefore he urged the Board/Department to continue searching for additional infrastructure funding.  This item was informational only.

§  EN Legitimization extension - This Ordinance was introduced by Supervisor Cohen. It would extend the period of time which property owners of nonconforming uses in the Eastern Neighborhoods, who are operating without proper permits, can submit applications to legalize their uses. You considered this Ordinance on February 23. At that time you requested 2 modifications:

  1. Extend the deadline for submitting requests for amnesty by six months, instead of 90 days.
  2. Establish a 90-day timeline by which the legitimization process should proceed with deliberation after a determination of eligibility.

In response to the Commission’s request, Supervisor Cohen modified the Ordinance per your request but extended the deadline slightly longer to November 12, 2012. There was some public comment about the development impact fees. Staff clarified that under this legitimization program 2/3 of the current applicants will be only paying $2/sf—significantly less than those who properly filed permits and less than the fees prior to the adoption of EN-- where fees were as high as a maximum of $20/sf).

FULL BOARD OF SUPERVISORS:

·         Car-Sale or rental in NC-S District.  This Ordinance, sponsored by Supervisor Elsbernd, would allow this use in the Neighborhood Commercial Shopping District by CU.  The Planning Commission recommended approval of the Ordinance w/o modification.   The full Board passed the Ordinance 11-0 on its FINAL reading.

INTRODUCTIONS:

§  120241 Outer Sunset NCD. Supervisor Carmen Chu introduced an Ordinance amending the Planning Code to create new Named, Neighborhood Commercial Zoning the Outer Sunset.  The proposed Ordinance would replaced NC-2 districts with a new Outer Sunset Commercial Clusters and Linear Streets on parts of Noriega and Taraval Streets that are currently Zoned NC-1 or NC-2.  The ordinance would also) amending the existing definition of (trade shops) to allow catering, remove horsepower limitations, and allow wholesaling, manufacturing and processing as an accessory use for up to two-thirds of the gross floor area and would require CU for certain “non-active” uses on these streets.

 

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:     Linda Chapman

                        Re: Nob Hill Alcohol/Conversions to Entertainment

                        Kate Hill

                        Re: Gold Dust Lounge

                        Stephano

                        Re: Gold Dust Lounge

                        Gordon Mar

                        Re: Formula Retail list in the City needs to be updated

 

F.            REGULAR CALENDAR 

 

9.         2011.0802C                                                                        (S. Vellve:  (415) 558-6263)

1100 Divisadero Street -  northeast corner of Divisadero and Turk Streets; Lot 020 in Assessor’s Block 1128 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 711.83, to allow AT&T Wireless to locate up to twelve (12) WTS panel antennas in the church steeple, which will be vertically extended by approximately 10 feet, and related  equipment in an outside equipment area on the east side of the property of the one-story Presbytery of San Francisco building, within a NC-2 (Neighborhood Commercial, Small Scale) District and 65-A Height and Bulk District. The site is a Location Preference 1 (publicly used structure).

Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     Tedi, representing AT&T Wireless

ACTION:           Approved with conditions as proposed

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

            MOTION:           18557

 

10.        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

(Continued from Regular Meeting of February 23, 2012)

 

SPEAKERS:     Larry Badiner - Project Team, Scott Wittney - Project Team, Robin Howard - Project Team, Philip Lesser, Lis Duncan, Roger Marenco, Daniel Musni, Gordon Mar, Oscar Grande, Fannie Webb, Joanne Weng-Lam, Rev. Carol Been, Ramon Calibaquib, Amanda Sobrepena, Sam Ruiz, John Trinkl, Bruce Lingston, Lorena Melgarejo,

ACTION:           Approved with conditions as modified to continue working with neighborhood group(s) to meet the goal of 100% local hire; limit alcohol to beer & wine; apply for WIC program

AYES:             Fong, Antonini, Borden, Miguel

NAYES:            Moore, Sugaya, Wu

            MOTION:           18558

 

11.        2012.0014B                                                                        (C. Teague: (415) 575-9081)

808 Brannan Street - north side between 7th and Langton Streets, Lot 004D in Assessor's Block 3780 - Request for Office Development Authorization pursuant to Planning Code Sections 179.1, 321, 803.9(h), and 843.66 to convert the entire building to 45,723 gross square feet of office use in the UMU (Urban Mixed Use) Zoning District and 68-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     Brett Gladstone - representing Project Sponsor, Sue Hestor

ACTION:           Approved

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

RECUSED:       Sugaya

            MOTION:           18559

 

12.        2011.1204D                                                                  (G. CABREROS: (415) 558-6169)

31-33 MALLORCA WAY - west side between Toledo Way and Chestnut Street; Lot 004 in Assessor’s Block 0486A - Request for Discretionary Review of Building Permit Application No. 2011.01.25.8941, proposing to construct a partial fourth floor and to reconstruct exterior stairs within the lightwell of the existing three-story, two-unit building within the RH-3 (Residential, 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:     Chris Hawkins, Tom Amhurst, Connie Hawkins, Raphael - Project Architect, Mark Hansen - Project Sponsor

ACTION:           Took Discretionary Review and Approved requiring rubber anti-slipping devices on the stairs; and Project Sponsor is encouraged to continue working with the DR Requestor to address light and sky visibility

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

            DRA #:             0265

 

13.        2011.1337D                                                                         (A. PUTRA: (415) 575-9079)

550 JERSEY STREET - north side between Diamond and Douglass Streets; Lot 017 in Assessor's Block 6505 - Request for Discretionary Review of Building Permit Application No. 2011.09.02.3798.  The project is a revision to previously approved Building Permit Application No. 2011.02.25.0973 to cut down the ridge of a gable roof by approximately 6.5” so that it would not be visible from behind the existing front parapet and revise the interior roof framing of an existing two-story, single-family building within an RH-2 (Residential, Two-Family) Zoning District and a 40-X Height and Bulk District.

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Do not take Discretionary Review and approve

 

SPEAKERS:     Joe Butler - DR requestor, Nancy Warfield, Damian Quinn, Project Sponsor, Patrick Spears, Jim Keith

ACTION:           No Discretionary Review and Approved

AYES:             Fong, Wu, Antonini, Borden, Miguel

NAYES:            Moore and Sugaya

            DRA #:             0266

 

 

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: 5:10 PM

 

Adopted:  May 17, 2012

 

 

 
Last updated: 5/18/2012 1:32:58 PM