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City and County of San Francisco

April 9, 2009

April 9, 2009

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, April 9, 2009

1:30 PM

Regular Meeting

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

COMMISSIONERS ABSENT: Antonini

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

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Craig Nikitas – Acting Zoning Administrator, Mary Woods, Corey Teague, Brittany Bendix, Christine Lamorena, Carol Roos, Ben Fu, Tara Sullivan, Sophie Middlebrook, Tina Tam, Pilar Lavalley, 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.

1. 2008.1161C (A. PUTRA: (415) 575-9079)

99 WEST PORTAL AVENUE- northeast corner of West Portal Avenue and Vicente Street, Assessor's Block 2979A; Lot 021A - Request for Conditional Use Authorization, pursuant to Planning Code Sections 729.51, and 303 to allow a ground floor medical service use (dba "Dean L. Duncan, DDS") in the West Portal Neighborhood Commercial District, and 26-X Height and Bulk District.

Preliminary Recommendation: Disapproval

(Continued from Regular Meeting of March 26, 2009)

NOTE: On March 26, 2009, following public testimony, the Commission closed the public hearing and passed a motion of intent to approve with modifications to require more transparency into ground level; provide more attractive awnings; continue working with department staff on design and material to enhance the exterior façade by a vote of +6 -1. Commissioner Olague voted against. Final Language scheduled for April 9, 2009.

(Proposed for Continuance to April 23, 2009)

SPEAKERS: None

ACTION: Continued as proposed

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

ABSENT: Antonini

2a. 2007.0129DDD (G. CABREROS; (415) 558-6169)

100 32nd Avenue - southeast corner of 32nd Avenue and El Camino del Mar; Lot 008 in Assessor's Block 1312 - Requests for Discretionary Review of Building Permit Application No. 2007.01.19.2027 proposing to construct a three-story side horizontal addition and to enlarge the existing partial fourth floor of the four-story, single-family residence. The subject building is within an RH-1(D) (Residential, House, One-Family, Detached) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and Approve.

(Continued from Regular Meeting of March 12, 2009)

(Proposed for Continuance to May 7, 2009)

SPEAKERS: None

ACTION: Continued as proposed

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

ABSENT: Antonini

2b. 2007.0129V (G. CABREROS: 415-558-6169)

100 32nd Avenue - southeast corner of 32nd Avenue and El Camino del Mar; Lot 008 in Assessor's Block 1312 - Request for Variances from Planning Code Sections 133, 134 and 188 to modify a required side yard, the required rear yard and a noncomplying structure. The project proposes to construct a three-story side horizontal addition and to enlarge the existing partial fourth floor of the four-story, single-family residence. The subject building is within an RH-1(D) (Residential, House, One-Family, Detached) Zoning District and a 40-X Height and Bulk District.

(Continued from Regular Meeting of March 12, 2009)

(Proposed for Continuance to May 7, 2009)

SPEAKERS: None

ACTION: Continued as proposed

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

ABSENT: Antonini

B. COMMISSIONERS' QUESTIONS AND MATTERS

Adoption of Commission Minutes– Charter Section 4.104 requires all commissioners to vote yes or no on all matters unless that commissioner is excused by a vote of the Commission. Commissioners may not be automatically excluded from a vote on the minutes because they did not attend the meeting.

3. Consideration of Adoption:

  • Draft Minutes of Regular Meeting of January 8, 2009
  • Draft Minutes of Regular Meeting of January 15, 2009

SPEAKERS: None

ACTION: Approved as corrected: January 15 – page 9, under Commissioner Lee's comments, change Von Yee to Bond Yee; on page 12 thru 15 change ABSENT to NAYES

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

ABSENT: Antonini

4. 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 Olague:

Requested that staff help her understand the Rincon Hill Stabilization Fund and how those fees are being distributed and when. I would like clarification on that. A memo or something would be fine.

C. DIRECTOR'S REPORT

5. Director's Announcements

Director Rahaim:

Tonight I may have to leave early. I'm attending a meeting at the Lakeshore Acres Improvement Club at their request. We are in a series of community meetings on the Housing Element and I just wanted to repeat the call to the public that we would be more than willing to come out to community meetings to talk about the current work of the Housing Element and the work of the Community Advisory Board that met for several months until about a month ago. The schedule is for the draft of the Housing Element to be out in early July and for the final to be adopted by the end of the year.

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

BOARD OF SUPERVISORS

Land Use:

· India Basin Industrial Park–All actions (Billovits/Langlois)

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

FULL BOARD: NOTE 10AM START TIME/ 4PM APPEALS

· Balboa Park–GP Amend, PC Amend, Zoning Map, Monitoring Program, Federal Stimulus Resolution (2nd Read)

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

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

· Appeal of Categorical Exemption for 717 Battery Street (Roos)

· Appeal of Categorical Exemption for 429 Amador Street (Navarrete)

Budget & Finance:

· Impacts of Cuts to DBI, Housing Inspection Division (not staffed)

BOARD OF APPEALS

They did not have a meeting

HISTORIC PRESERVATION COMMISSION

They held a special hearing on Articles 10 & 11. Following staff description of proposed amendments and public comment, the Commission made additional amendments and passed the matter forward to the Board of Supervisors (+4 -0)

D. 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: None

E. 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

7. 2008.0940C (M. WOODS: (415) 558-6315)

2250 VALLEJO STREET - north side between Fillmore and Webster Streets; Lot 009, in Assessor's Block 0557 - Request for Conditional Use Authorization pursuant to Sections 303(c) and 317 of the Planning Code to allow the merger of eleven dwelling units into two dwelling units in a three-story over basement residential building, within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions, including Modifications to Retain More than Two Dwelling Units

(Continued from Regular Meeting of March 26, 2009)

NOTE: On March 26, 2009, following public testimony, the Commission closed the public hearing and passed a motion of intent to approve the project with two units as proposed by the project sponsor by a vote of +5 -2 with Commissioners Sugaya and Moore voting against. Final Language scheduled for April 9, 2009.

SPEAKERS: None

ACTION: Without hearing, continued to April 16, 2009

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

ABSENT: Antonini

  1. REGULAR CALENDAR

8a. 2008.1215CV (C. TEAGUE: (415) 575-9081)

827 Guerrero Street - east side between 20th Street and Liberty Street, Lot 076 in Assessor's Block 3608 - Request for Conditional Use Authorization pursuant to Planning Code Sections 209.2(a) and 303 for a 20-bed group housing facility in an RH-2 (Residential, House, Two-Family District) and a 40-X Height and Bulk District. The proposal is to convert the existing building–previously a residential care facility (dba Chateau Agape) into a group housing facility (dba The Alternative to Meds Center) with a maximum of 15 bedrooms and 20 beds and 1 off-street parking space. No changes are proposed for the existing building.

Preliminary Recommendation: Approval Disapproval

(Continued from Regular Meeting of March 12, 2009)

SPEAKERS (for request to continue):

Project Sponsor - Lyle Murphy, John McDowall, Brian McLeroy, Leif Thor, in favor of project

Gillian Gillett, Kim Striker, Elizabeth Zitrin, Jake Barlow, Jamie Whitker, opposed to the project

SPEAKERS on the project:

Project Sponsor – Lyle Murphy

ACTION: Disapproved

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

ABSENT: Antonini

MOTION: 17858

8b. 2008.1215CV (C. TEAGUE: (415) 575-9081)

827 Guerrero Street– east side between 20th Street and Liberty Street, Lot 076 in Assessor's Block 3608 - Request for a Parking Variance pursuant to Planning Code Sections 151 and 305 to provide only 1 of the 5 required off-street parking spaces for a 20-bed group housing facility in an RH-2 (Residential, House, Two-Family District) and a 40-X Height and Bulk District. The proposal is to convert the existing building previously a residential care facility (dba Chateau Agape)–into a group housing facility (dba The Alternative to Meds Center) with a maximum of 15 bedrooms and 20 beds.

(Continued from Regular Meeting of March 12, 2009)

SPEAKERS: Same as those listed for item 8a

ACTION: Acting Zoning Administrator Nikitas closed the public hearing and denied the variance

9. 2009.0176C (B. BENDIX: (415) 575-9089)

548 Valencia street - west side between 16th and 17th Streets, Lot 008 in Assessor's Block 3568 - Request for Conditional Use Authorization pursuant to Planning Code Sections 145.2, 303 and 726.26 to legalize a walk-up facility (ATM), dba "Swipe USA", that is not recessed 3-feet from the property line, in the Valencia Street NCT (Neighborhood Commercial Transit) Zoning District with a 55-X Height and Bulk designation.

Preliminary Recommendation: Approval with Conditions

SPEAKERS: Andre Davis – Representing the Project Sponsor

ACTION: Approved

AYES: Miguel, Borden, Lee, and Olague

NAYES: Moore and Sugaya

ABSENT: Antonini

MOTION: 17859

10. 2009.0117C (C. LAMORENA: (415) 575-9085)

3154 FILLMORE STREET- on the southeast corner of Greenwich Street; Lots 022 and 023 of Assessor's Block 0516 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 725.26, to legalize an existing walk-up facility (ATM dba Swipe USA) that is not recessed from the property line by 3 feet at the existing full-service restaurant (dba Eastside West) within the Union Street Neighborhood Commercial District and 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

SPEAKERS: Andre Davis – Representing the Project Sponsor

ACTION: Approved

AYES: Miguel, Borden, Lee, and Olague

NAYES: Moore and Sugaya

ABSENT: Antonini

MOTION: 17860

11. 2005.0540E (C. ROOS: (415) 575-9043)

1415 MISSION STREET - Mixed Use Development- Public Hearing on the Draft Environmental Impact Report - The project site (Lot 001 in Assessor s Block 3510) is in on the south side of Mission Street, at 10th Street. The proposed project would demolish an existing one-story, 18-foot-tall, approximately 5,000-square-foot (sq.ft.) commercial building and surface parking lot on the site and construct a 14-story, 130-foot-tall building with approximately 2,742 sq.ft. of ground-floor commercial space, 117 residential units, and a three-level, subterranean garage with up to 46 independently-accessible or 101 valet residential parking spaces, and 15 commercial parking spaces. The site is located within a C-M (Heavy Commercial) Use district and a 130-L Height and Bulk district. The project requires zoning reclassification to C-3-G (Downtown General Commercial), Section 309 exceptions; Conditional Use authorization; a Variance, and Transfer of Development Rights (TDR).

Preliminary Recommendation: No Action Required

NOTE: Written comments will be accepted at the Planning Department's offices until the close of business on April 13, 2009.

SPEAKERS: Eric Dash and Sue Hestor

ACTION: This was a public hearing on the DEIR only. No action of the commission was required

12a. 2007.1121XV (B. FU: (415) 558- 6613)

430 Main Street/ 429 Beale Street - north to south through lot between Main and Beale Streets, and between Harrison Street to the west and Bryant Street to the east; Lots 305 & 306 in Assessor's Block 3767 - Request under Planning Code Sections 309.1, 825, and 827 for determinations of compliance and exceptions for dwelling unit exposure. The subject property is located within the RH DTR (Rincon Hill Downtown Residential Mixed Use) District with an 84-X Height and Bulk Designation. The project proposal is to construct a new eight-story, 84-foot building consisting of up to 113 dwelling units over a below-grade parking structure for up to 57 spaces. The project also requires a Variance for open space, to be heard and considered by the Zoning Administrator at the same hearing.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of March 19, 2009)

SPEAKERS: Chris Zaptick,Project Sponsor, Rick Palesano, Michael Fraley, David Bollentin,

Andrew Nelson, Shawn Moore, Carlos Hernandez, Dale Langhorne, Chester Chin, Salvador Limon, Eric Barkley, Kathi Antonson, Jesse Davalos, David Cowan, Oswaldo Sandoval, Christopher Trotta, Alicia Utter, Don Tiefenbrumm, Chris Sanderson, Tish Layton, Patrick Aranda, Mike Wall, Bret Fields, Tony C, Michael Theriault, Timothy Williams, Michael Scribner, Steven Schottenfeld, Tood Swartz, Fred K, Avery, Mike Dean, Dominic Sarica, Manuel Flores, Alex Lantsberg, Bill Kaff, Conley Roaseau, Bill Groth, John McKernon, Brian Cochran, Gerardo Blum, Adrian Simi, Barrett Stapleton, Joel Koppel, Fidel Quezada, Chuck Frye, Gerald J. Scott, Juan M. Guzman, Ken Cochrane, Pedro Sandoval, Edward G. Mayfield, Hipolito Ortega, Armond Balaian, Eric Bauer, Raymond  Mah Matthews, Bruce Hall, Nelson Vineyard, Sean Hansen, Jim Williamson, Jaun Carlos, George Salih, Joe Davis, Jose Guadalupe Ortega, Brian Cochran, Tup Fisher, Chris Anderson In Favor Project.

Raymond Mallett, Johan Madoor, Melinda Rodgers, Robert D. William, Greg Riessen, Amy Hu, Anna Y. Cheung, Devlin Gardella, Patricia Lynch, Gustavo Lead, Cindy Reginato, Ed Walsh, Mort Weisberg, Bill Packwood, Tina Kim, Joseph Ku, Jack Templeford, Michael Barkley, Sunny Liao, Elizabeth Barkley, Dave Inle, Richard Dwaileebe, Toby Lovallo, Linda Assalino, Philip Cobert, Jamie Whitaker, Ann Bailey, Cynthia Miramontes, Baren Chertkow, Kathy Turnquist, Andrew Brooks, Gustavo Leao, Cecilia Lim, Sue Hestor, Kathleen Weatherwax, Jack Kleytman, Joan Major, Mike Todd, Opposed to Project

ACTION: Following the public hearing, the commission continued this item and item 12b to May 14, 2009 with instructions to the project sponsor to engage in community outreach and work with Department staff and the neighbors on design and the concerns of the neighbors.

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

ABSENT: Antonini

12b. 2007.1121XV (B. FU: (415) 558- 6613)

430 Main Street / 429 Beale Street - north to south through lot between Main and Beale Streets, and between Harrison Street to the west and Bryant Street to the east; Lots 305 & 306 in Assessor's Block 3767 - Variance request to allow reduction of the required open space per Planning Code Sections 135 and 827, for the proposed construction of a new eight-story, 84-foot building consisting of up to 113 dwelling units over a below-grade parking structure for up to 57 spaces within the RH DTR (Rincon Hill Downtown Residential Mixed Use) District with an 84-X Height and Bulk Designation.

(Continued from Regular Meeting of March 19, 2009)

SPEAKERS: Same as Item 12a.

ACTION: Following the public hearing, the commission continued this item and item 12a to May 14, 2009 with instructions to the project sponsor to engage in community outreach and work with Department staff and the neighbors on design and the concerns of the neighbors.

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

ABSENT: Antonini

13. 2008.1393T: (T. SULLIVAN: (415) 558-6257)

Ordinance Rescinding Planning Code Articles 10 & 11 in their Entirety and Adopting a New Article 10 & 11, and adding new Planning code section 176(F) [Board File No. 08-1565] - Ordinance introduced by Supervisor Daly and former Supervisor Peskin that would rescind Articles 10 and 11 from the Planning Code in its entirety and adopting a new Article 10 and 11 to implement the provisions of the new San Francisco Charter Section 4.135 (Historic Preservation Commission), and to add Section 176(f).

Preliminary Recommendation: Approval with Modifications.

SPEAKERS: Steve Vettel, Joe Buttler, Margaret Morry, Katherine Howard, Arthur Levy, and Steven Alioto

ACTION: Although the Commission discussed many components of the proposal, they passed a motion to approve the Department's recommended amendments and add the modification offered by Joe Butler regarding Maintenance Requirements

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

ABSENT: Antonini

RESOLUTION: 17861

14a. 2007.0627D (E. Watty: (415) 558-6620)

1629 DOLORES STREET - east side between 29th and Day Streets, Lot 015 in Assessor's Block 6634 - Mandatory Discretionary Review pursuant to Planning Code Section 317, of Building Permit Application No. 2007.01.08.1172, proposing the demolition of a one-story, single-family dwelling, located in the 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 demolition.

SPEAKERS: Gary Gee – Representing the Project Sponsor

ACTION: The Commission did not take DR and approved the demolition

AYES: Miguel, Borden, Lee, and Olague

NAYES: Moore and Sugaya

ABSENT: Antonini

DRA: 0074

14b. 2009.0005D (E. Watty: (415) 558-6620)

1629 DOLORES STREET - east side between 29th and Day Streets, Lot 015 in Assessor's Block 6634 - Mandatory Discretionary Review pursuant to Planning Code Section 317, of Building Permit Application No 2007.01.08.1168, proposing the construction of a new three-story-over-garage, three-family dwelling, located in the 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 project as proposed.

SPEAKERS: Same as Item 14a.

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

AYES: Miguel, Borden, Lee, and Olague

NAYES: Moore and Sugaya

ABSENT: Antonini

DRA: 0075

15. 2009.0158D (P. LAVALLEY: (415) 575-9084)

66 ELLSWORTH STREET - west side between Bernal Heights Boulevard and Powhattan Avenue; Lot 012 in Assessor's Block 5624 - Request for Discretionary Review of Building Permit Application No. 2008.11.10.6254, proposing to construct a one-story vertical addition, remove one-story rear addition, and alter the façade of a one-story over basement, single-family dwelling within an RH-1 (Residential House, One-Family) District, 40-X Height and Bulk District, and within the Bernal Heights Special Use District.

Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed.

SPEAKERS: Richard Applebaun - DR Requestor, Juliette Knott, Peter Liam - Property Owner

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

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

ABSENT: Antonini

DRA: 0076

H. 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: None

Adjournment: 10:23 p.m.

Adopted: June 4, 2009

Last updated: 11/17/2009 10:00:38 PM