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City and County of San Francisco

August 8, 2008 - Special

August 8, 2008 Special

SAN FRANCISCO PLANNING COMMISSION

Special Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Friday, August 8, 2008

1:30 PM

Special Meeting

COMMISSIONERS PRESENT: Olague, Miguel, Antonini, Borden, Lee, Moore and Sugaya

COMMISSIONER ABSENT: None

THE MEETING WAS CALLED TO ORDER BY PRESIDENT OLAGUE AT 1:43 P.M.

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Craig Nikitas – Acting Zoning Administrator, Amit Ghosh – Chief Planner, Ben Fu, AnMarie Rodgers, Kevin Guy, Sharon Young, Angela Heitter, Scott Sanchez, Elaine Forbes, Corey Teague, 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.

SPEAKER(S)

NONE

B. CONSENT CALENDAR

All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and will be acted upon by a single roll call vote of the Commission. There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing

Item taken off consent and followed item 6

1. 2008.0711X ( Tape IA ; IB) (B. FU: (415) 558-6613)

399 Fremont Street - northeast corner of Harrison and Fremont Streets, Lot 002 in Assessor's Block 3747 – Request under Planning Code Sections 309.1 and 827 for the authorization of a change in previously approved conditions of approval to extend the performance period within the RH DTR (Rincon Hill Downtown Residential Mixed Use) District With A 85/400-R Height And Bulk Designation.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of August 7, 2008)

SPEAKER(S)

Steve Kuklin, Project Sponsor

- Since receiving project approval in June 2006, Fifield has been working diligently and has spent a substantial sum of money on the design and permits in an effort to commence construction of the project as early as possible.

- Uncertainty in the market for condominiums has required us to seek disposition of the project as an apartment building.

- That process has cost us a substantial amount of time and we are thinking to re-discuss the project with stakeholders.

- We submitted a letter in April requesting a hearing for formal expansion. We are asking for a 12 month extension of the entitlement.

Sue Hestor

- You can not do what you are being asked to do because the agenda describes a one year extension but the package is asking to modify the project.

- The plans do not represent what it is currently in the area. They are missing different buildings.

- You are being asked to require complying with a requirement to give feedback of who are the occupants, where they work and how they get to work?

ACTION: Approved extension of the entitlement to June 15, 2009 deleting all the language that refers to amending prior conditions of approval.

AYES: Antonini, Borden, Lee and Sugaya

NAYES: Olague, Miguel and Moore

MOTION: 17671

C. COMMISSIONERS' QUESTIONS AND MATTERS (Tape IA)

2. 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

- I just want to mention that I have been re-nominated for another term on the Planning Commission and I am up for confirmation as well as Commissioner Miguel.

- I would like to take this opportunity to say thank you for the six years that I have served, particularly to staff that has been always professional, prepared, intelligent and respectful.

- I think that has also has been the case with the other Commissioners that I have served with and in most instances it has been the case with the public.

- It is very important because, being a city that prides itself on tolerance, someone's opinion is different than yours that they are allowed to voice it freely, be heard and not be intimidated.

- That is a tradition that we have always had in San Francisco and I would hope that it continues in the future.

- Thank you to everyone, staff and the Commissioners and hope to see you next week.

Commissioner Miguel

- As Commissioner Antonini mentioned I am also going through the Rules Committee and before the Full Board for confirmation next week after a short four months. I sat out here because I was finishing an unexpired term.

- It is interesting that people keep asking me how it feels from having been there [in the public] for many years to being up here and I say that now I have more than 3 minutes.

- The comments about the staff have been excellent. I was fortunate, and I think everyone is, to have interface with staff over at least 15 years.

- I have always found them gracious, prompt and intelligent in the manner of how they handle things.

- I had no idea what it was going to be like serving with the other Commissioners. It is a very diverse group in every way that you can expected from age to ethnicity, politics and everything else. It works.

- It has been a pleasure and I want to thanks everyone.

D. DIRECTOR'S REPORT (Tape IA)

3. Director's Announcements

Director Rahaim

- First, thank you Commissioner Antonini and Miguel for your kind comments about staff.

- A big thank you for your vote yesterday on the Eastern Neighborhoods. It is a milestone in the history of this Commission and the Department.

- We are very pleased with your support and very thankful for all your work on this plan over the last seven years.

- Next week we will be updating you, the first of a series, on the Bike Plan EIR during my report.

4. Review of Past Week's Events at the Board of Supervisors and Board of Appeals

AnMarie Rodgers reported:

Land Use Committee

A- HOPE SF Project – This project will increase housing on the parcels by about 533 new mixed income units that would replace existing Housing Authority units and it would do so in a phased manner so as not to replace residents.

This week at the hearing there were people from MTA, Mayor's Office of Housing and Planning Department to discuss how the transit connections will support this new development.

The Committee amended the legislation to require that the existing bedroom mix be maintained to have at least the same number of the larger family sized units in the new development as currently exist. It was forwarded to the Full Board.

Rules Committee

A- Reappointment of two Planning Commissioners. It was forwarded to the Full Board.

Full Board

A- Rezoning for Third and Mendell – It would correct a small error on six lots. The error occurred in 1995 when all the parcels were rezoned from 105 feet to 55 feet with the exception of these six lots. Passed.

B- Off-site Inclusionary Affordable Housing requirements sponsored by Supervisor Sandoval. It would amend Planning Code Section 315 to allow a quarter of the off-site affordable units to be outside of the one mile ratio requirement that we currently have. Passed.

C- Supervisor Peskin introduced, welcomed, and presented a Certificate of Honoer to Dr. Amit Ghosh in recognition of nearly 30 years of employment.

He is moving to a new position as Deputy Director of Planning at MTA.

D- Introductions:

1. Conditional Use Authorization required for removal of any dwelling unit. It is sponsor by Supervisor McGoldrick and it would include the removal of dwelling units through merger, conversion or demolition.

2. Special 5 foot height exception for active ground floor uses in all neighborhood commercial districts in the City. Introduced by Supervisor Sandoval.

There is a memorandum for you from the Planning Director to the Commission basically informing you that we are going to start initiating Staff Discretionary Review, effectively now, for new construction in the Bernal South Slope area. This comes at the request of Supervisor Amiano who is considering new legislation for that area.

Craig Nikitas reported:

Board of Appeals

NONE

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.

NONE

F. 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.

SPEAKER(S)

NONE

G. CONSIDERATION OF FINDINGS AND FINAL ACTION – PUBLIC HEARING CLOSED

5. 2007.1256C (Tape IA) (K. Guy: (415) 558-6163)

401-431 Columbus Avenue - west side between Stockton and Vallejo Streets, Lot 026 of Assessor's Block 0131 - west side between Stockton and Vallejo Streets, Lot 026 of Assessor's Block 0131 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 722.21, 722.41, and 722.42 to expand an existing full-service restaurant and bar (dba Panta Rei Restaurant), and to allow a use size in excess of 2,000 square feet within the North Beach NCD (Neighborhood Commercial District), and a 40-X Height and Bulk District. The proposal is to expand the existing 1,500 square-foot restaurant and bar to occupy the adjacent existing storefront. The expanded restaurant and bar would measure a total of 2,040 square feet.

Preliminary Recommendation: Disapproval

(Continued from Regular Meeting of August 7, 2008)

NOTE: On July 24, 2008, following public testimony the Commission closed public hearing and passed a motion of intent to approved by a vote of +4 -3. Commissioners Olague, Moore and Sugaya voted no. Final Language August 7, 2008.

SPEAKER(S): None

ACTION: Approved

AYES: Miguel, Antonini, Borden and Lee

NAYES: Olague, Moore and Sugaya

MOTION: 17669

H. REGULAR CALENDAR

6. 2008.0282C (Tape IA) (S. Young: (415) 558-6346)

331 CLEMENT STREET - south side between 4th and 5th Avenues; Lot 043 in Assessor's Block 1436 - Request for Conditional Use Authorization under Sections 703.4, 303(c), and 303(i) of the Planning Code to establish a Formula Retail Use within the Inner Clement Neighborhood Commercial Zoning District and a 40-X Height and Bulk District - The proposal is to legalize the establishment of an existing restaurant, dba Sweet Delight Cafe, which is currently operating as a formula retail use consistent with that of a  Quickly' Asian fusion style café franchise selling a large variety of beverages, snacks, and desserts. The restaurant consists of a kitchen, service area, storage room, restroom, and dining area with seating for 36 persons. The proposal will not involve tenant improvements to the existing commercial space or an expansion to the existing building envelope.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of August 7, 2008)

SPEAKER(S)

Jason Hu, Project Sponsor

- Sweet Delight has and continues to cater to the neighborhood's needs particularly to our patrons.

- Our main focus is on small children and their parents. It is a friendly and safe place for the entire family.

- We have the support of the Clement Street Merchant's Association -- more than 68 building and business owners, and over 600 individual patrons signed the petitions.

- We believe that Sweet Delight is an excellent addition to the Inner Richmond Neighborhood.

- We do not consider ourselves as a  Quickly' store but we have some of their products.

ACTION: Approved

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

MOTION: 17670

7a. 2007.0980ECV (Tape IB) (A. HEITTER: (415) 558-6602)

220 GOLDEN GATE AVENUE - northwest corner of Leavenworth Street at Golden Gate Avenue, Lot 4, in Assessor's Block 345 - Request for Conditional Use Authorization to allow additional square footage above that permitted by the base floor area ratio limits for the construction of affordable group housing units - The proposed project is to convert the existing Shih Yu-Lang Central YMCA to 174 group housing units for the chronically homeless. The project also includes a historic rehabilitation component, including an exterior façade restoration. The proposed project would not involve any expansion of the existing building envelope. The site has no off-street parking and none is proposed. The project site is within a C-3-G (Downtown General Commercial) Zoning District and an 80-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions.

(Continued from Regular Meeting of August 7, 2008)

SPEAKER(S)

Mara Pletzer, Project Developer

- Our proposed program will provide critically needed affordable housing for the formerly homeless while also preserving the architectural and historic character of the Tenderloin.

- It would also accommodate the public health clinic that is dedicated for residents of the Tenderloin and community serving retail.

- The project represents a collaborative effort of the Mayor's Office of Housing and the City's Department of Public Health.

- It would provide 172 rental apartments for the formerly homeless and two manager units.

- Support services are going to be offered on a voluntarily basis.

- Our goal is to assist tenants in breaking the cycle of homelessness and becoming self sufficient and maintaining permanent housing.

Frederick Napp, Architect

- This building is a category one building. It has been determined eligible to the National Register.

- Over the years, it has been altered on the interior but the most significant interior spaces that you would find in the original building are all there with one major exception. The main stair that was removed in the 1950's will be re-constructed as part of this project.

- Fortunately for the project and the preservation aspect, there are so many services that the City is supporting in this building that the non-residential spaces are being retained and rehabilitated.

- The project is applying for Federal Preservation Tax Credit. The part II has been approved by the State of California Office of Historic Preservation without conditions.

Kaila Priera, Mayor's Office of Housing

- We have provided both acquisition and predevelopment financing for this project.

- We have worked extensively with the project sponsor who is one of our most frequent sponsors and non-profit developers in the City.

ACTION: Approved with conditions as corrected by staff:

-Condition 15 should read  the project is subject to the requirements of section 124F of the Planning Code .

-Delete condition 17

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

MOTION: 17672

7b. 2007.0980ECV (A. HEITTER: (415) 558-6602)

220 GOLDEN GATE AVENUE - northwest corner of Leavenworth Street at Golden Gate Avenue, Lot 4, in Assessor's Block 345 - Request for a Variance to allow a reduction in the common usable open space requirements - The proposed project is to convert the existing Shih Yu-Lang Central YMCA to 174 group housing units for the chronically homeless. The project also includes a historic rehabilitation component, including an exterior façade restoration. The proposed project would not involve any expansion of the existing building envelope. The site has no off-street parking and none is proposed. The project site is within a C-3-G (Downtown General Commerical) Zoning District and an 80-X Height and Bulk District.

(Continued from Regular Meeting of August 7, 2008)

SPEAKER(S): Same as those listed on item 7a

ACTION: Acting Zoning Administrator Nikitas closed public hearing and granted the variance subject to standard conditions of approval.

8. 2007.1072C (Tape IB; IIA) (S. SANCHEZ: (415) 558-6326)

1727 LOMBARD STREET - south side between Laguna and Octavia Streets, Lot 036, in Assessor's Block 0506 - Request for Conditional Use Authorization under Planning Code Sections 303 and 209.2(c) to legalize the conversion of a tourist hotel ( Star Motel ) to group housing for a post-secondary educational institution ( Academy of Art University ) in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Hold public hearing to allow public comment and continue item to allow for additional neighborhood outreach and completion of environmental review.

(Continued from Regular Meeting of August 7, 2007)

NOTE: On April 24, 2008, following public testimony, the Commission closed public hearing and continued the item to May 1, 2008.

SPEAKER(S)

Paul Correa, Project Manager

- We are seeking a continuance of this item to allow us to continue our community outreach efforts and to also complete our required Environmental and Traffic Review.

- We got issued a building permit for the gates and the security improvements on site.

- I am committed as well as the Academy of Art to deal with all issues of compliance and completing all requirements.

(+)Leorid Nakkodkin

- Spoke in support of the Academy of Art University because it is one of the oldest educational institutions in San Francisco serving a diverse population from the City and around the world.

(-)Hiroshi Fukuda, Coalition for San Francisco Land Use and Housing Committee

- Previously I submitted a resolution that the Academy of Art has 17 sites for student housing, all in violation, and all have taken away housing from the City's stock.

- We do not need to reward or provide incentives to continue this type of behavior.

(-)John Bardis

- Why continue this behavior? This is an outrageous example of violation of the City's Codes.

- I urge you to deny the Conditional Use.

(+)Kelly Kaiser, Marina Merchant's Association

- We met with this group several times and we are aware of the other violations but there are some other things that are positive that we have to look at.

- There are willing to help and work with our neighborhood.

(-)Sue Hestor

- This has been in the process for about two years and they have not completed Environmental Reviews or their Master Plan.

- Unless the City does not finally say no, they have no incentive to do what the law requires them to do.

(+)Peter Sing

- This was a motel and it is not taking away any affordable housing.

- The only mistake they did was not getting your approval and that is why they are here today.

(-)Patricia Vaughey, Marina Merchants

- We are not dealing here about the motel but legalities and repeatedly illegalities.

- I want to do what is best for the City and for the neighborhood.

(+)John Gallagher, Police Department Station

- We are very happy with the improvements being made at this location. They have security on the premises now.

ACTION: Disapproved

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

MOTION: 17673

The Commission reopened the hearing at the end to instruct staff to prepare findings for the denial of this project.

9. 2008.0642T (Tape IIA) (e. forbes: 415) 558-6417)

Planning Code Enforcement Update Board File No. 080525 - This Ordinance introduced by Supervisor Peskin would amend the Administrative Code Section 10.100-166 to expand the Planning Department's Code Enforcement Fund beyond general advertising signs and authorize the Fund to receive revenues from all code enforcement activities, including monetary judgments, and authorize expenditure of the funds for administration and enforcement of all Planning Code violations. The Ordinance would also amend the Planning Code Section 303(l) concerning relocation of general advertising signs to delete the requirement to submit a site map, clarify that wall signs are included in the requirements and make technical changes to the language of the section; amend Section 358 to increase the annual inventory maintenance fee from $48 to $75 and to clarify use of the general advertising sign inventory fees and that wall signs are included in the requirements; amend Section 604.2 to provide that violation of the Code's general advertising sign inventory requirements is a public nuisance, to clarify that the definition of the term "general advertising sign company" includes the operator of the sign and that wall signs are included in the requirements, to modify language required to be in the affidavit submitted with the sign inventory, to delete the requirement to submit a site map, to conform the penalty and appeal procedure with Section 610, and to make other clarifying and technical changes to the language of the section; adopting CEQA and Planning Code Section 302 findings. Preliminary Recommendation: Approval.

(Continued from Regular Meeting of August 7, 2008)

SPEAKER(S)

(-)Michael Colbruno, Clear Chanel Outdoor

- The City has been completely misguided and spending the money on going after legal sign companies when the problems have always been the illegal sign companies.

- We removed signs in the South of Market, 30 to 40 signs, in the last couple of years and new ones have gone up illegally.

- Requested continuance of this item to look at the actual cost and to sit down with staff.

(-)Anthony Leones, CBS Outdoor

- Objected to the 300% inventory maintenance fee increase because of the two main reasons for the increase.

- One being the large number of violations and the other is the legislative nature of the sign companies. However, there is no detailed information contained in the staff's report on either of these issues.

John Bardis

- It is really demoralizing to hear this item being discussed before you when there is an urgent need for fees to cover cost in the department.

- Why does the public have to pay an extra $200 for a discretionary review?

ACTION: Approved

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

MOTION: 17674

10a. 2007.0785VZ (Tape IIA) (C. TEAGUE: (415) 575-9081)

483 BOSWORTH STREET (aka 1 LYELL STREET) - southeast corner; Lot 063 in Assessor's Block 6753 - Request to amend the Planning Code pursuant to Planning Code Section 302, in a P (Public) and 40-X Height and Bulk District. The proposal is to reclassify the property from P (Public) to RH-2 (Residential, House Districts, Two-Family) and construct a 2-story, 2-unit residential structure on a currently vacant, substandard property that would not provide the required rear yard, front setback, or any off-street parking spaces.

Preliminary Recommendation: Approval of Reclassification

(Continued from Regular Meeting of August 7, 2008)

SPEAKER(S)

Ahmad Mohaszab, Architect

- We have been working since July of 2006. And since then we have spent time working with the Planning Department and several supervisors.

- This project is for a small lot and it is intended to be for apartments and not condominiums.

- We are really bounded entirely by buildings and we have chosen the better aspect of light and ventilation by putting the open space on the roof making it more secure and available.

(-)Fred Mackota

- They need to provide more parking spaces and open space as well.

Representing Ana Hong

- Concerned about a leaking problem from the empty lot through her garage and hoping that could be address during construction.

(-)Cindy

- Concerned that the project is going to block natural light and to increase problems with street parking limitations.

ACTION: Approved reclassification with conditions that project sponsor continues working with staff on the exterior design façade; on the treatment of the window bay; and to work with the neighbor about water leak.

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

MOTION: 17675

10b. 2007.0785VZ (C. TEAGUE: (415) 575-9081)

483 BOSWORTH STREET (aka 1 LYELL STREET) - southeast corner; Lot 063 in Assessor's Block 6753 - Request for a Variance for proposed development pursuant to Planning Code Sections 305, 132, 134, and 151, in a RH-2 (Residential, House Districts, Two-Family) and 40-X Height and Bulk District. The proposal is to construct a 2-story, 2-unit residential structure on a currently vacant, substandard property that would not provide the required rear yard, front setback, or any off-street parking spaces.

(Continued from Regular Meeting of August 7, 2008)

SPEAKER(S): Same as those listed on item 10a

ACTION: Acting Zoning Administrator Nikitas granted the variance with the condition that project sponsor continue working with staff on design issues, subject to the Board of Supervisors reclassifying the zoning for the property, and subject to all the standard conditions of approval.

11. 2008.0622D (A. STARR: (415) 558-6362)

565 MARINA BOULEVARD - south side between Divisadero and Scott Streets; Lot 007B in Assessor's Block 0912 - Request for Discretionary Review of Building Permit Application No. 2007.10.31.6950 proposing to construct a 4th floor vertical addition and a horizontal addition at the rear of a three-story, single-family house in an RH-1 (Residential, House, Single-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and Approve

(Continued from Regular Meeting of August 7, 2008)

DISCRETIONARY REVIEW WITHDRAWN

I. 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))

SPEAKER(S)

None

Adjournment: 4:58 P.M.

THESE MINUTES WERE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, October 16, 2008.

SPEAKER(S): None

ACTION: Approved

AYES: Olague, Miguel, Antonini, Lee, Moore and Sugaya

ABSENT: Borden

NOTE: Per Section 67.18 of the Administrative Code for the City and County of San Francisco, Commission minutes contain a description of the item before the Commission for discussion/consideration; a list of the public speakers with names if given, and a summary of their comments including an indication of whether they are in favor of or against the matter; and any action the Commission takes. The minutes are not the official record of a Commission hearing. The audiotape is the official record. Copies of the audiotape may be obtained by calling the Commission office at (415) 558-6415. For those with access to a computer and/or the Internet, Commission hearings are available at www.sfgov.org. Under the heading Explore, the category Government, and the City Resources section, click on SFGTV, then Video on Demand. You may select the hearing date you want and the item of your choice for a replay of the hearing.

 
Last updated: 11/23/2009 12:06:34 PM