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April 2, 2009

April 2, 2009

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, April 2, 2009

2:00 PM

Regular Meeting

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

THE MEETING WAS CALLED TO ORDER BY PRESIDENT MIGUEL AT 2:45 P.M.

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Larry Badiner – Zoning Administrator, Cecilia Jaroslawsky, Carrie Dovzak, Michael Smith, Diego Sanchez, Adrian Putra, Shelley Caltagirone, Elaine Forbes, and Linda Avery – Commission Secretary.

  • 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.

SPEAKERS:

Hiroshi Fukuda and Marilyn Amini requested that the commission continue item 10 on today's calendar

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

1. 2009.0041C (C. JAROSLAWSKY: (415) 558-6348)

1351 Taraval Street - south side of Taraval Street, between 23rd and 24th Avenues, Block 2402, Lot 026 - Request for Conditional Use Authorization under Planning Code Sections 711.1 and 303 to allow a small, self-serve restaurant within an NC-2 District.

Preliminary Recommendation: Approval with Conditions

SPEAKERS:

Project Sponsor

  • She described the project and her reason for wanting this project

(-)Leon Rampage

  • Neighborhood is inundated with restaurants and Laundromats. They block the sidewalks, sit on your stairs and leave all the mess. We've have enough. Any other type of business would be welcome, not another fast food restaurant

(-)Catherin Eandi

  • Everything is all bunched in. They take their take-out and sit on people's property and we have to clean it up. We don't feel there needs to be more.

(-)Monica Duffy

  • I own the property across the street with my husband and I'm tired of getting the phone calls about the mess across the street. I recommend you don't approve the project.

ACTION: Approved with modifications: Project sponsor to work to minimize disposable waste products; try to establish recycling practices; and include the standard condition of approval to police the area within 100 feet in the morning and the afternoon.

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

MOTION: 17852

C. COMMISSIONERS' QUESTIONS AND MATTERS

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:

He spoke on the congestion pricing concept. The problem is that we have to focus our congestion pricing on the areas where there is congestion. We already charge bridge tolls and parking fees in downtown San Francisco. 80% of the people that work downtown in the financial district do not drive cars, they come by other means of transit. I think we are missing the point where we have freeways throughout the Bay Area that are free. There is no discouragement for people. That is where the congestion really exists. The heaviest corridors are the 580, the Livermore Valley and the Bay Bridge. It would be a major undertaking, but I think if you are going to think about these things, you have to address them on a regional basis and think about ways to discourage businesses from locating and sprawling their businesses out through the Bay Area, but to centralize them in areas where there is lots of transit. So at this time when our state is in dire need of revenue, this might be an idea that could be worth exploring.

Commissioner Moore:

I just want to briefly mention the housing forum. I attended yesterday. Several commissioners were present. It was an outstanding look at charting a new course for housing. It was a very thorough review, with different views on the state of the economy and how it affects California and San Francisco. Without getting into the details, it was a very worthwhile forum.

Commissioner Lee:

I also attended the coalition seminar yesterday, which I found very enlightening with a lot of warnings regarding the commercial area. Actually, that's the next area that could have a major credit crunch. It concerns me, and actually I'm glad that I learned some of this stuff yesterday. I was trying to figure out what is the best way of taking that information from yesterday and distribute it to the general public. I really don't have any idea, but I think it was very educational.

Commissioner Borden:

A question came up about how to build housing in the range of inclusionary housing on site. If the economics are not going to work, so when we have problems to do programs to do inclusion -- we need to do more in that area. Maybe we need to do an education process and learn more about that and what we can do to encourage more inclusionary.

Commissioner Miguel:

I was there as well, and it was a very, very excellent panel that basically said the other shoe has not dropped yet. In addition, I would like to mention from last Sunday's New York Times, the article "Reinventing America's Cities --The Time is Now." I thought that was well done.

D. DIRECTOR'S REPORT

3. Director's Announcements

Director Rahaim:

There are several items this week. There was the community advisory committee, the CAC. That body has been appointed now and confirmed, and we are meeting. The first meeting was primarily focused on by laws and their role as defined in the ordinance. I think it was a successful first meeting. Several of you have mentioned that you want to have a joint meeting with the Small Business Commission. I received correspondence from the director of that commission also asking for that. So I will be meeting with her and we will organize a joint hearing with that commission. I think you heard testimony this morning from a man about the workshop focused around the civic center. This is to pull people together in a series of teams to look at ideas for creating a sustainable civic center. It happened Thursday and Friday of last week. There were a number of ideas that were put on the table. The workshop examined concerns about how things in the civic center were to be used. We are working with the Mayor's Office on what is being called a sustainable district in and around the civic center area. I also wanted to call your attention that in your packet today is a memo about the Action Plan. It is a status report and update of the Action Plan. I am happy to report that out of a list of about 30 items, we can check off that five are complete. We are making progress. We still have staff involved in this effort. There are a number of very interesting items that we are moving forward on. I think one of the most important ones for the department is that we are in the process of getting vendor bids for the permit tracking system. That will greatly help with our work with DBI and organizing all of the information around permit tracking. So if you have any questions, we would certainly be happy to answer those. And finally I wanted to mention that we are in the second phase of the public Housing Element. Staff is going out to community groups all over the city. I was told last week, I believe, that they had 25 meetings scheduled. And they are averaging at least two or three a week. The goal is to have a draft prepared by July 1.

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

Board of Supervisors' events reported by AnMarie Rodgers:

Land Use:

· Zoning Map Amendment - 401 - 421 Shields Street (Sullivan)

· Inclusionary In Lieu Fees For Small Site Acquisition and Rehabilitation (Sullivan)

· Visitacion Valley Redevelopment Plan–GP Amend, RA Plan, Schlage SUD, Zoning Map (Dennis, Shotland)

Full Board:

· Balboa Park–GP Amend, PC Amend, Zoning Map, Monitoring Program, Federal Stimulus Resolution (Rahaim, Billovits, McGee)

· Zoning Map Amendment in association with Project at 420 29th Avenue (2nd Read)

· Adopting findings related to the reversal of Neg. Dec. for 110 The Embarcadero (Wycko)

· Res. rebuild of St. Luke's – CPMC evaluation of temporary hospital (Tam)

· Res. urging Planning Dept. & HPC to evaluate the historic integrity of the 1912 building on the St. Luke's campus (Tam)

RESULTS OF HEARINGS LAST WEEK:

Land Use:

· Bike Plan EIR Timeline (info only)

· Balboa Park–GP Amend, PC Amend, Zoning Map, Monitoring Program, Federal Stimulus Resolution (forwarded to Full Board)

Full Board:

· Massage Services in South of Market RSD (Finally Passed)

· Ordinance to amend the Planning Code to correct errors and omissions (Finally Passed)

· Zoning Map Amendment in association with Project at 420 29th Ave (passed 1st Read)

· Apply for Caltrans Transportation Planning Grant (approved)

NEWLY INTRODUCED:

· Maxwell & Alioto-Pier: Introduced three resolutions related to the St. Lukes Hospital in the Mission. 1) hearing request to evaluate the feasibility of a temp. hospital structure during the rebuild of St. Lukes. 2) is a res. Urging CPMC to evaluate the concept of building a temp. hosp during the rebuild of St. Lukes. 3) a resolution urging the Planning Department & the HPC to evaluate the historic integrity of a 1912 building on the hospital campus to determine if this building might be a historic resource under CEQA.

· Alioto-Pier: 090367 An ordinance that amend the Planning Code to add Section 790.107 to define a new use,  Philanthropic Administrative Service Use and related amendments to authorize this use in the Upper Fillmore NCD.

· Mirkarimi: 090227 Building Code - Requiring Amended Certificates of Final Completion and Occupancy for Changes of Occupancy of Existing Buildings.

INTERIM CONTROLS:

· Interim zoning controls requiring conditional use authorization for demo/ new development in the Bernal Heights Brewster/Joy Neighborhood. Effective until 04/18/09

· Interim CU for new development on southern 19th Ave. –EFFECTIVE UNTIL 5/1/10

· Interim CU on Tobacco Paraphernalia Haight NCD. EFFECTIVE UNTIL 3/9/10

· Interim Hunters Pt Project Area C. EFFECTIVE 6/10/09

· CU for Loss of Recreation Space–EFFECTIVE UNTIL 6/19/09

ITEMS PENDING:

April 7, 2009 CEQA Appeal 717 Battery Street / 350 Pacific Ave.

April 7, 2009 CEQA Appeal 429 Amador Street

April 14, 2009 Public Hearing Visitacion Valley Redevelop. Plan

Board of Appeals reported by Zoning Administrator Badiner:

There is no report from the Board of Appeals

Historic Preservation Commission reported by Commission Secretary Avery:

Yesterday's meeting was canceled and the HPC held a joint meeting with you this morning on Articles 10 & 11 of the Planning Code.

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:

Unnamed speaker:

Invited the Commission to a solar meeting showcasing a solar powered generator that is environmentally friendly, does not burn fuel or create emissions, and is silent. It also allows us to store power from the daytime and use it later on tonight.

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.

SPEAKERS: None

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

5. 2006.0203E (C. Dovzak: (415) 575-9030)

San Andreas Pipeline No.3 Installation Project - San Pedro Valve Lot (SPVL) in Daly City to Merced Manor Reservoir (MMR) in San Francisco. Certification of the Final Environmental Impact Report - The San Francisco Public Utilities Commission (SFPUC) is sponsoring a proposed project that requires the installation of approximately 23,400 feet (4.4 miles) of new pipeline to extend the existing San Andreas Pipeline No. 3 (SAPL3) from the San Pedro Valve Lot (SPVL) in Daly City to Merced Manor Reservoir (MMR) in San Francisco. For approximately half its length, the pipeline would follow the alignment of the abandoned Baden Merced Pipeline. Where the proposed SAPL 3 alignment differs from the existing BMPL alignment, the BMPL would either be filled with a concrete slurry mixture or would be capped. The alignment follows city streets, except in two locations (the San Francisco Golf Club and the Lake Merced Golf Club). The Project would be constructed using the open-trench method ( cut and cover ) for most of the pipeline and a trenchless ( jack and bore ) method at high-traffic intersections (at John Daly Boulevard and Sheffield Drive in Daly City, at 19th Avenue and Crespi/Holloway Avenue in San Francisco, and at 19th Avenue and Eucalyptus Drive in San Francisco). In addition to the pipeline main, the Project also includes the installation of crossover pipelines, five customer service connections, various underground vaults, appurtenances, and a cathodic projection system.

Preliminary Recommendation: Certify the Environmental Impact Report

Please note: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on January 28, 2009. 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.

SPEAKERS: Members of the SF Public Utilities team described the project

ACTION: Final EIR was certified

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

MOTION: 17853

  1. REGULAR CALENDAR

6. 2009.0061C (M. SMITH: (415) 558-6322)

1511 SLOAT BOULEVARD- south side between Everglade and Clearfield Drives, Lot 002 in Assessor's Block 7255 - Request for Conditional Use Authorization pursuant to Planning Code Section 780.44 to establish a new small, self-service restaurant (d.b.a.  Nubi Yogurt ) in the tenant space previously occupied by  T-Mobile within the Lakeshore Plaza Shopping Center, located within a NCS (Neighborhood Commercial Shopping Center) District, the Lakeshore Plaza Special Use District, and a 26 - 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of March 5, 2009)

Note: On March 5, 2009, following public testimony the Commission continued the matter to April 2, 2009, to encourage a representative on behalf of the property management of the Lakeshore Plaza Shopping Center to attend the hearing, by a vote of +7 -0. The public hearing remains open.

SPEAKERS:

Andrew Junius – Representing Lakeshore Plaza, the property management

Apologized for not being before the Commission on March 5, 2009. Explained the property management's position of why this proposal and Baskin Robins could not co-exist at this time. The representative remained available to answer further questions.

Grace Kwong, John Rodriguez and Jorge Maldonado did not speak against the proposed project, but expressed their desire that Baskin Robins be allowed to co-exist with them.

ACTION: Approved

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

NAYES: Olague and Sugaya

MOTION: 17854

7a. 2005.0876KECV (D. SÁNCHEZ: (415) 575-9082)

345 6TH STREET - southeast corner of 6th Street and Shipley Street; Lot 081 in Assessor's Block 3753 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 157, 175.6(e)(1), 261.1, 263.11, 271, and 303 to allow to demolish a one story, 3,000 gross square foot vacant office building and construct a 5-story, 54 foot tall mixed-use development. The project proposes 36 residential units, 3,000 square feet of ground floor commercial space, 19 off street parking spaces and 5 below market rate units. The subject property is utilizing Planning Code Section 175.6 to seek approvals under the Residential/Service Mixed Use (RSD) Zoning District and a 40-X/85-B Height and Bulk District as an Eastern Neighborhoods pipeline project. Under the Eastern Neighborhoods Zoning the property is within the Mixed Used Residential (MUR) Zoning District and an 85-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions

SPEAKERS:

Representative of the Project Sponsor

The representative described the project including the fact that it provides 36 new homes, provides commercial space, and enhances the character of the neighborhood. The neighborhood supports the project, but is concerned about parking.

Nau Connel, Keely Ferguson, Casey Fulford, Greg Fulford, and Toby Mams spoke in favor of the project

ACTION: Approved as modified to amend finding 15 to include CEQA findings; amend conditions of approval to require six (6) BMR units and six (6) additional parking spaces that include two (2) car share spaces

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

MOTION: 17855

7b. 2005.0876KECV (D. SÁNCHEZ: (415) 575-9082)

345 6TH STREET - southeast corner of 6th Street and Shipley Street; Lot 081 in Assessor's Block 3753 - Request for Variances, pursuant to Planning Code Sections 134(e) and 307(g) to modify the rear yard requirement in the Residential/Service Mixed Use District. The project proposes 36 residential units, 3,000 square feet of ground floor commercial space, 19 off street parking spaces and 5 below market rate units. The subject property is utilizing Planning Code Section 175.6 to seek approvals under the Residential/Service Mixed Use (RSD) Zoning District and a 40-X/85-B Height and Bulk District as an Eastern Neighborhoods pipeline project.

SPEAKERS: Same as those listed for item 7a.

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

8. 2008.0733C (A. PUTRA: (415) 575-9079)

1166 Geneva Avenue - on the south side of Geneva Avenue, between of Madrid Street and Naples Street; Lot 031 in Assessor's Block 6413 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 710.27, and 303 to allow hours of operation between 11:00 PM and 2:00 AM for an existing Full-service Restaurant and Bar use (dba  The Broken Record ) located in an NC-1 (Neighborhood Commercial, Cluster) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Disapproval

SPEAKERS:

Frances Hsieh, Legislative Aid to Supervisor Avalos – the Supervisor supports the project and urges the Commission to grant the CU

Jason King, Project Owner – described his project and its uniqueness

Kathryn Engh, Jessica Rice, Angie Bevan, Rudy Choy, Nicholas Husbands, Audrey Schaps, Anthony Shore, John Riera, Kevin Odle, Ryan Roser, unnamed speaker, Andrew Moisey, unnamed speaker, Kate Giuggio, Theo Richey, Andrew David Howard-Greene, Danielle Mora, Mike Pletchar, Benjamin Andrews, Elazabeth Quigley, James Moisey, William Giuggio, Ryan Osher, and Joni Spigler spoke in support of the project. Michele Maas and Poncho Gonzales spoke in opposition to the project. Steve Currier requested that the 15 conditions his neighborhood organization co-authored be included in this new CU request.

ACTION: Approved with modified findings and conditions:

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

MOTION: 17856

9a. 2008.0359D (S. Caltagirone: (415) 558-6625)

7 SEYMOUR STREET - west side between Turk Street and Golden Gate Avenue; Lot 023 in Assessor's Block 1154 - Request for Discretionary Review of Building Permit Application No. 2007.12.20.0979, proposing to install a garage opening at the front façade and to legalize as a dwelling unit the existing single-story cottage located in the rear yard of the subject two-story, two-unit building within an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

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

SPEAKERS:

Winston Montgomery – DR Requestor; Brian Burchmoore; and George Gibbs spoke in favor of the DR request and in opposition to the proposed project.

Marilyn Lanaris – Project Sponsor/owner described the project and countered arguments from those in opposition.

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

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

ABSENT: Olague

DRA: 0073

9b. 2009. 0104V (S. Caltagirone: (415) 558-6625)

7 SEYMOUR STREET - west side between Turk Street and Golden Gate Avenue; Lot 023 in Assessor's Block 1154 - Request for Variances under Planning Code Sections 134 and 188 to legalize as a dwelling unit the existing single-story cottage located in the rear yard of the subject two-story, two-unit building within an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

SPEAKERS: Same as those listed for item 9a.

ACTION: Zoning Administrator closed public hearing and granted the variances subject to the standard conditions of approval

10a 2009.0227TU (E. Forbes: (415) 558-6417)

DISCRETIONARY REVIEW REFORM: COMMISSION POLICIES AND PROCEDURES - Consideration of adoption of policies and procedures in an effort to reform discretionary review, including implementation of improved and standardized pre-application process, improved public information access, a more consistent and predictable design review process, a definition and application of "exceptional and extraordinary circumstances", renaming the "Residential Design Guidelines" to "Residential Design Standards," and a defined timeline for the processing of discretionary review applications.

Preliminary Recommendation: Adoption

SPEAKERS: Paul Wermer, Gerry Crawly, Peter Cohen, Judy Hoyem, Jim Meko, Robert Passmore, Joel Karr, Geoff Wood, Peter Winkelstein, Joe Acayan, David Erlick, spoke in support of the project. Penelope Clark, Kristin Hansen, Eric Hansen, Joseph Railla, Marilyn Amini and Hiroshi Fukuda spoke in opposition to the project. John Schelsinger, Robert Bardell, Adan Martinez, Sue Hestor, and Shaun Kigren were neutral

ACTION: Following public hearing, the Commission continued this item to the call of the Chair

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

10b 2009.0227TU (E. Forbes: (415) 558-6417)

DISCRETIONARY REVIEW REFORM: INITIATE AMENDMENT TO PLANNING CODE SECTIONS 311 AND 312 - Consideration of a Resolution of Intent to Initiate an Ordinance to amend Planning Code Sections 311 and 312 to state that a request for discretionary review will be heard by the Planning Commission or its designee, if the application demonstrates exceptional and extraordinary circumstances, and change all Planning Code references of the "residential design guidelines" to "residential design standards."

Preliminary Recommendation: Adoption

SPEAKERS: Same as those listed for item 10a

ACTION: Approved intent to initiate.

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

RESOLUTION: 17857

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

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

SPEAKERS:

Sue Hestor made comments regarding a Rincon Hill case

Hiroshi Fukuda made comments regarding amendments to the Building Code

Adjournment: 9:31 p.m.

ADOPTED: May 21, 2009

Last updated: 11/20/2009 2:54:34 PM