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SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

 

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, May 24, 2012

Regular Meeting

 

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

COMMISSIONERS ABSENT:  Miguel

 

THE MEETING WAS CALLED TO ORDER BY PRESIDENT FONG AT 10:10 AM.

 

STAFF IN ATTENDANCE:  John Rahaim – Director of Planning, Scott Sanchez – Zoning Administrator, Sara Jones, Joshua Switzky, Pilar LaValley, Mathew Snyder, 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.         2011.0939D                                                                      (M. WOODS: (415) 558-6315)

1450 POST STREET - north side between Octavia and Gough Streets; Lots 053, 055 and 057 in Assessor’s Block 0688 - Mandatory Discretionary Review, pursuant to Planning Code Section 317, of Building Permit Application No. 2011.08.10.2189 and 2011.08.10.2191, proposing to convert the building’s authorized use from 93 units to 92 units within the RM-4 (Residential, Mixed, High Density) District and 50-X Height and Bulk District.

Preliminary Recommendation:  Do not take Discretionary Review and approve the application

                        (Proposed for Continuance to June 14, 2012)

 

SPEAKERS:     None

ACTION:           Continued as proposed

AYES:             Fong, Wu, Antonini, Borden, Moore

RECUSED:       Sugaya

            ABSENT:          Miguel

 

B.         PUBLIC COMMENT ON AGENDA ITEMS WHERE THE PUBLIC HEARING HAS BEEN CLOSED

 

            At this time, members of the public who wish to address the Commission on agenda items that have already been reviewed in a public hearing at which members of the public were allowed to testify and the public hearing has been closed, must do so at this time.  Each member of the public may address the Commission for up to three minutes.

 

REGARDING ITEM #3

RECUSED:       Sugaya

SPEAKERS:     Bill Maher, Dan Kingsley, Rubin Santiago, Sue Hester

 

C.         REGULAR CALENDAR 

 

2.         2012.0706X                                                                          (J. RAHAIM: (415) 558-6411)

101 First Street ("Transit Tower") - Informational Presentation -  The project sponsor for the proposed project at 101 1st Street ("the Transit Tower") will provide an informational update to the Planning Commission regarding various aspects of the proposed project. The project includes a 1,070'-tall tower at the southeast corner of Mission and First Streets, consisting of approximately 1,350,000 gross square feet of office space, as well as retail and below-grade parking.

Preliminary Recommendation: Informational Only -- No Action

 

RECUSED:       Sugaya

SPEAKERS:     Rubin Santiago, Sue Hester, Jim Patrick

            ACTION:           Information only. No action

 

3.         2007.0558E and 2008.0789E                                                (S. JONES: (415) 575-9034)

Transit Center District Plan and Transit Tower - blocks generally bounded by Market, Steuart, and Folsom Streets, and a line east of Third Street.  Certification of Final Environmental Impact Report.  The Transit Center District Plan proposes new policies and controls for land use; building height and design; street network; historic preservation; and sustainability. The Plan would permit approximately six buildings with heights ranging from 700-1,000 feet.  Associated Planning Code and Zoning Map amendments to implement the Plan are also proposed.  The EIR analyzes at a project level the Transit Tower, a proposed 61-story, 1,070-foot-tall (including sculptural element) building with about 1.3 million square feet (sf) of office space, about 16,500 sf of retail, and subgrade loading and parking for about 300 vehicles (480 valet spaces). The Transit Tower project site is located at 425 Mission Street (a.k.a. 101 First Street) (Block 3720, Lot 009 (formerly Lot 001)), on the south side of Mission Street between First and Fremont Streets, immediately north of the new Transit Center currently under construction.

NOTE: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on November 28, 2012. 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 category for Public Comment on agenda items where the public hearing has been closed.

 

SPEAKERS:     None

ACTION:           Certified final EIR

AYES:             Fong, Wu, Antonini, Borden

NAYES:            Moore

            ABSENT:          Miguel

            RECUSED:       Sugaya

MOTION:           18628

 

4.         2007.0558EMTZU                                                               (J. SWITZKY: (415) 575-6815)

TRANSIT CENTER DISTRICT PLAN – Adoption Actions - The Planning Department is seeking to adopt and implement the Transit Center District Plan (“the Plan”). The result of a multi-year public and cooperative interagency planning process that began in 2007, the Plan is a comprehensive vision for shaping growth on the southern side of the Downtown to respond to and support the construction of the new Transbay Transit Center project, including the Downtown Rail Extension. In addition to laying out policy recommendations to accommodate additional transit-oriented growth, sculpt the downtown skyline, improve streets and open spaces, and expand protection of historic resources, the Plan would result in the potential to generate over $575 million for public infrastructure, particularly the Downtown Rail Extension project. The planning process was initiated in 2007. Public workshops were held throughout 2007-2009 and a Draft Plan for Public Review was published in November 2009. In April 2012 the Planning Department published a Draft Plan Addendum. Adoption of the Plan will consist of the following actions below.

 

            4a.  2007.0558EMTZU                                                         (J. SWITZKY: (415) 575-6815)

TRANSIT CENTER DISTRICT PLAN – Adoption of California Environmental Quality Act (CEQA) Findings – Consideration of a Motion making CEQA Findings for actions in connection with the Transit Center District Plan. The CEQA Findings include a statement of overriding considerations; reasons for rejection of alternatives to the proposed Plan; and a mitigation monitoring program associated with the approval of the Transit Center District Plan.

Preliminary Recommendation: Approval

 

SPEAKERS:     Tamika Moss, Francisco de Casta, Danny Cambell, Sue Hester, Rubin Santiago

ACTION:           Approved

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

NAYES:            Moore

            ABSENT:          Miguel

                MOTION:                18629

 

            4b.  2007.0558EMTZU                                                        (J. SWITZKY:  (415) 575-6815)

TRANSIT CENTER DISTRICT PLAN - General Plan Amendments - Consideration of a Resolution amending the San Francisco General Plan pursuant to San Francisco Charter Section 4.105, Planning Code § 340(c) and § 306.3, including adding a new Transit Center District Sub-Area Plan to the Downtown Plan, and making related amendments to the Commerce and Industry Element, Recreation and Open Space Element, Urban Design Element, Transportation Element and revisions to the Land Use Index of the General Plan. This Resolution also includes General Plan consistency findings, Section 101.1 priority policy findings and environmental findings.

Preliminary Recommendation: Approval

 

SPEAKERS:     Same as those for item 4a

ACTION:           Approved

AYES:             Fong, Wu, Antonini, and Borden

NAYES:            Moore and Sugaya

            ABSENT:          Miguel

                RESOLUTION:     18630

 

            4c.  2007.0558EMTZU                                                      (J. SWITZKY: (415) 575-6815)

TRANSIT CENTER DISTRICT PLAN - Planning Code Text Amendments - Consideration of a Resolution amending the San Francisco Planning Code. Planning Code text amendments would revise controls including but not limited to those for land use, height and bulk, density, open space, parking, and impact fees; and make related amendments to the Planning Code necessary to implement the General Plan as proposed to be amended pursuant to the Transit Center District Plan. Code sections to be amended include § Sections 102.5, 102.9, 102.11, 123, 132.1, 136, 138, 151.1, 152.1, 155, 155.4, 156, 163, 201, 210.3, 215-226, 248, 260, 270, 272, 303, 309, 412.1, 427, 1103.1, and Appendices A, C, D and F of Article 11, and the addition of several new sections to Article 4. The Resolution also would recommendation to the Historic Preservation Committee that it support the amendments to Article 11 and various appendices in relations to the New Montgomery-Second Street Conservation District

This Resolution also includes General Plan consistency findings, Section 101.1 priority policy findings, and environmental findings.

Preliminary Recommendation: Approval

 

SPEAKERS:     Same as those for item 4a

ACTION:           Approved (Including Errata)

AYES:             Fong, Wu, Antonini, Borden

NAYES:            Moore and Sugaya

            ABSENT:          Miguel

                RESOLUTION:     18631

 

            4d.  2007.0558MTZU                                                        (P. LAVALLEY: (415) 575-9084)

Boundary Change to the New Montgomery-Second Street Conservation District - Request for Review and Comment on the Historic Preservation Commission recommendation to expand the New Montgomery-Second Street Conservation District to include twenty-six (26) additional properties, primarily along Mission, Natoma, and Howard Streets.  The Commission’s comments shall be forwarded to the Board of Supervisors and should address (i) the consistency of the proposed boundary change with the policies embodied in the General Plan and the priority policies of Section 101.1; (ii) identify any amendments to the General Plan necessary to facilitate adoption of the proposed boundary change; and, (iii) evaluate whether the proposed boundary change would conflict with the Sustainable Communities Strategy for the Bay Area.  A requested expansion of the existing New Montgomery-Second Street Conservation District is recommended by the Planning Department in the Draft Transit Center District Plan and is supported by the Area Plan survey findings.  The existing New Montgomery-Second Street Conservation District is designated pursuant to Appendix F of Article 11 of the Planning Code.

Preliminary Recommendation:  Approval

 

SPEAKERS:     Same as those for item 4a

ACTION:           Approved

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

            ABSENT:          Miguel

                RESOLUTION:     18632

 

            4e. 2007.0558EMTZU                                                          (J. SWITZKY: (415) 575-6815)

TRANSIT CENTER DISTRICT PLAN - Zoning Map Amendments - Consideration of a Resolution amending the Zoning Map of the San Francisco Planning Code, pursuant to Planning Code § 302(c) and § 306.3. These include amendments to Sheets ZN01, HT01, SU01, and PD01 affecting all or part of the following Assessor’s Blocks: 3706-3722 and 3735-3741. This Resolution also includes General Plan consistency findings, Section 101.1 priority policy findings, and environmental findings.

Preliminary Recommendation: Approval

 

SPEAKERS:     Same as those for item 4a

ACTION:           Approved (Including Errata)

AYES:             Fong, Wu, Antonini, Borden

NAYES:            Moore and Sugaya

            ABSENT:          Miguel

                RESOLUTION:     18633

 

 

 

            4f.   2007.0558EMTZU                                                         (J. SWITZKY: (415) 575-6815)

TRANSIT CENTER DISTRICT PLAN - Administrative Code Amendments - Consideration of a Resolution to recommend amendments to the Administrative Code necessary to implement the Transit Center District Plan - These include amendments to Chapters 10E and 36 to incorporate the Transit Center District Plan into the monitoring and interagency framework regarding implementation of adopted area plans.

Preliminary Recommendation: Approval

 

SPEAKERS:     Same as those for item 4a

ACTION:           Approved

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

            ABSENT:          Miguel

                RESOLUTION:     18634

 

            4g.  2007.0558EMTZU                                                      (J. SWITZKY: (415) 575-6815)

TRANSIT CENTER DISTRICT PLAN - Program Implementation Document -Consideration of a Resolution to recommend approval of a Program Implementation Document - The Document provides an inventory of public improvements and a recommended funding program to implement these improvements. This document would guide the Board of Supervisors and Interagency Plan Implementation Committee in expending Plan-related revenues.

Preliminary Recommendation: Approval

 

SPEAKERS:     Same as those for item 4a

ACTION:           Approved (Including Errata)

AYES:             Fong, Wu, Antonini, Borden, Moore

NAYES:            Sugaya

            ABSENT:          Miguel

                RESOLUTION:     18635

 

5.         2012.0556X                                                                      (M. Snyder: (415) 575-6891)

401 HARRISON STREET (AKA ONE RINCON HILL – PHASE 2) - southeast corner of Harrison Street and First Street, Lots 022 in Assessor’ Block 3765 - Request under Planning Code Sections 309.1, 825, and 827 for the authorization of a change in previously approved conditions of approval to extend the performance period for one year for the second phase of a previously approved project that consists of  a 450-foot tall building (exclusive of mechanical penthouse) with up to 299 dwelling units, and 19 off-street parking spaces.  The first phase, which consists of a 550-foot tall building (exclusive of mechanical penthouse) and a podium building featuring townhouse units, parking and rooftop open space, has been completed. The second phase would be constructed on the vacant eastern most portion of the site. The property is within the RH DTR (Rincon Hill Downtown Residential Mixed Use) District with a 45/450-R Height and Bulk Designation. 

Preliminary Recommendation: Approval with Conditions. 

 

SPEAKERS:     Sue Hester

ACTION:           Approved extension

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

            ABSENT:          Miguel

                RESOLUTION:     18636

 

 

 

 

 

D.         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 Moore:

I had the opportunity to watch the 34th Americas Cup in Venice, Italy.  it was one of the most spectacular things I have ever seen, I will be happy to share some pictures. Also, I’d like to talk to you about some lessons I learned around the issue of crowd control.  It was a remarkable event.  The only unusual thing was that there was an earthquake – it was kind of surprising.

Commissioner Antonini

Very happy to be part of the ceremony announcing the Warriors are trying to find a new arena. I have been talking about a concept of a new arena probably at every meeting - not just for basketball but for uses we loose to other locals because we do not have the proper arena space in San Francisco.  We could begin to have many concerts, conventions and other sporting events.  It would be a great economic boon if it is able to go forward and I hope it is.  Early on I spoke on the report regarding company headquarters that we have in San Francisco.  Fortune Magazine highlighted Charlotte as a city that it is on the move and does have a number of headquarters.  An opinion was expressed that it was a major banking center. Charlotte is hosting the Democratic National Convention this year.  Conventions could occur in SF, but after the problems we had with logistics with the Moscone Center in 1984 – unless or until there is an arena like the one being proposed to be built, we won’t be hosting a national political convention.

 

E.         DIRECTOR’S REPORT

 

7.         Director’s Announcements

 

None

           

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

 

LAND USE COMMITTEE:

  • 120047 Including Financial Services Within Definition of Formula Retail. At this week’s Land Use Committee hearing, the Committee heard Supervisor Mar’s proposal to include Financial Services in the definition of Formula Retail.  This Commission recommended approval w/o modification of this Ordinance on April 12, 2012[1].  Supervisor Wiener introduced two amendments to the legislation.  The first one would make the formula retail controls for Financial Services apply only to business located on the ground floor and the second amendment would grandfather projects that had already been submitted at the time the ordinance was introduced, which was January 24, 2012.  The first amendment failed by a 2 to 1 vote and the second amendment passed with a unanimous vote.  The Committee voted 3-0 to recommend approval of the proposed legislation to the Board of Supervisors.   The Ordinance will be heard at the June 5th Board hearing.

 

FULL BOARD OF SUPERVISORS: No Planning / Land Use Items

 

INTRODUCTIONS: 

  • 120554  San Francisco Housing Trust Fund and Housing Production Incentive Act Draft Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco by adding Section 16.110 to: 1) create a San Francisco Housing Trust Fund by setting aside general fund revenues beginning in FY2013-2014 and ending in FY2043-2044 for the purpose of creating, acquiring, and rehabilitating affordable housing and homeownership programs for households earning up to 120% of the Area Median Income; and 2) incentivizing greater housing production by lowering and stabilizing affordable housing cost impacts on residential projects.  Mayor, Scott Wiener, Christina Olague, Jane Kim, John Avalos.

 

BOARD OF APPEALS:

No Report        

HISTORIC PRESERVATION COMMISSION:

No Report           

                  

F.         PUBLIC COMMENT

 

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

 

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

 

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

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

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

 

SPEAKERS:     Sue Hester

                        Re: Amendments to Building Code; and Board of Appeals re. Efficiency units.

 

Adjournment: 2:25 PM

 

Adopted:  July 26, 2012


 

[1] with a 5-1 vote (Fong was absent and Antonini voted no)

 
Last updated: 8/1/2012 2:18:00 PM