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Seal of the City and County of San Francisco
City and County of San Francisco

April 1, 2010



Meeting Minutes


Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, April 1, 2010

1:30 PM

Regular Meeting


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




STAFF IN ATTENDANCE:  Craig Nikitas – Acting Zoning Administrator, David Lindsay, AnMarie Rodgers, Rick Crawford, Corey Teague, Edgar Oropeza, Ken Rich, Kearstin Dischinger, Sarah Dennis-Phillips, Alicia John-Baptiste, David Alumbaugh, and Linda Avery – Commission Secretary.



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.





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.        2010.0096C                                                                (R. CRAWFORD: (415) 558-6358)

490 Post Street - north side between Mason and Powell Streets Lot 142, of Assessor’s Block 0296 - Request for Conditional Use Authorization under Planning Code Section 218.8 Massage Establishments to include massage services within an existing suite of medical offices on the seventeenth floor of the subject property.  The project would establish one 116 square foot massage treatment room in the medical office suite.  This project lies within the C-3-G Downtown General Commercial District and within the 80-130-F Height and Bulk District.

                        Preliminary Recommendation:  Approval with Conditions.


SPEAKERS:     None

ACTION:           Approved

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

MOTION:           18066




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.


2.         Consideration of Adoption:


        Draft Minutes of Regular Meeting of February 11, 2010.

        Draft Minutes of Regular Meeting of March 4, 2010.

        Draft Minutes of Regular Meeting of March 11, 2010.


SPEAKERS:     None

ACTION:           Approved

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


3.         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 am interested in a timetable for Transbay. He heard that there was a problem with AC Transit not wanting to begin running their buses into the temporary terminal until they have a definite date of completion of the new terminal.

-  The USA Iowa, the ship upon which President Roosevelt went to the Cairo and Tehran conference in 1943 and how this might be something to look into, particularly with the development of Pier 70 and Hunter’s Point Shipyard.  These are great places that have great tourist interest because the ships we have here have attracted tourists because we have a nautical background.

-  In the same vein, there is a scoping meeting at India Basin on the 7th of April, and it will be good a thing for Commissioners and others to attend because it is such an important area.  It is an area adjacent to the Bayview Hunter’s Point and probably will be developed at the same time.

-  Along those lines, I was contacted by someone who has a product that we are going to be looking at. I think the city might be interested in this multi-use turf that has been promoted as a really good use, and has also been used for athletic fields.  This particular firm just did Georgia Tech, which is a great example. If you are familiar with it, it’s right in the middle of Atlanta and somewhat space constricted.

-  Finally, we have been hearing more about this possible arena in San Francisco and for those who has been watching the NC2 basketball play offs, a number of the sites have been in the Bay Area, but haven’t been in San Francisco.  It’s a national event that brings a lot of fans and revenue in, and is another reason to look further.

Commissioner Olague:

-  A few months ago I asked for a hearing, some item or presentation on the Mid-Market area from staff.  I understand there was a Mid-Market meeting, a Redevelopment meeting this week.

-  I was wondering if it is time to start scheduling that hearing, if they are starting to talk about reviving the pack.  Maybe I misinterpreted what I was told.

-  Then we have the Market Street project coming up as well as the Yerba Buena and these other issues.

-  Also, I just want to re-assure members of  the public, I know a couple weeks after we had an extremely long hearing and a coupled of us went out to get food, we got food for ourselves and for the Commissioners and were gone 45 minutes to an hour, but with technology now days you can actually watch the hearing from remote places.  Ideally we should have been here physically, but the hearing was long, and if we take breaks at the same time that means everybody has to wait that much longer to hear their items.  So we thought the best thing was to go eat and get food for everyone and bring it back.  We were watching the hearing on a blackberry and on a laptop, and we did hear the testimonies. 

   I want to re-assure the members of the public that sometimes if we aren’t here physically, we will hear it in the back room where we eat, or on a blackberry or on a computer.  But that was a rare situation and one we would usually try to avoid, but when the hearings are unusually long, sometimes it’s unavoidable.

Commissioner Moore:

I would like to ask the Department, we have two projects coming up, Treasure Island and Bayview Hunter’s Point, where Planning in conjunction with Redevelopment is using a hybrid of form-based code.

-  The City has little or no experience in projects which have used that particular technique, and I would be curious to hear both Departments of planning to talk to us about that, and I really want to see examples on how it’s working, what is done to prepare for it, etc., in order for myself at a minimum to be comfortable that we know how form-based code stands next to the traditional Ukrainian code we use in zoning and land use.

Commissioner Lee:

-  Last week we had our hearing with the wireless system. I called the Health Department and tried to get some information on health issues, because it appeared to me that the public doesn’t know exactly what the health issues are, or what the position of EPA is.  I asked if the Commissioners, that maybe if they have questions, they call in. But then for the general public, maybe Planning and the Health Department could have an open forum.  There are indications that there are about 25,000 sites with radiation from radio waves and telephones, and these are found too much – most studies have indicated that cell antennas use less than 1% of the FCC requirement.

- The EIR re. Candlestick:  I think that’s also Hunter’s Point.  There is this whole issue about a super fund site.  If the Commissioners have questions, they should contact him, I don’t know if we are going to have a hearing regarding the super fund site and the relationship with the State Board or the Resources Control Board and State and local enforcement agencies, but there appears to be a lot of questions regarding toxics.

Commissioners Antonini:

-  I want to thank the Commission’s Secretary for a memo she sent last week regarding our calendar over the next couple of months.  I will be here and I am pretty much in favor of that.

- There have been commentaries by some members of the public that we have a significant number of items and we should have as many hearings as they want.

Commissioner Olague:

-  With the WTS stuff, I am hoping that maybe – I talk to – I just thought it might be good idea to approach one of the Supervisors and ask if the Land Use Committee might be interested in having a more informed discussion with Public Health and Planning.  I think there’s a lot of information on the part of the public that we could all use on the subject.  There are times when we have certain constraints, as far as our approval process.

Commission Secretary:

- If I can respond to that aspect of it.  The reason I sent the e-mail to all of you was to get your schedules, so that I could schedule these hearings.  I would appreciate if all of you would respond and let me know your availability from now through August.

Commissioner Moore:

- A comment vice President Olague made that rattled my mind on the question of the calendar for meetings: I have for a long time been asking the Director to provide us in printed form a calendar of community meetings, Department outreach meetings, workshops, or events regarding land use issues such as Market Street, or whatever it might be.  That just helps us to choose what each us wants to do.  Maybe not all 7 of us, but we would have an idea of what is going on and what we would like to participate in before they happen.

Commission Secretary:

-  I can control your advance calendars, but I can’t control what happens out in the neighborhoods or what the rest of the Department is doing.  I don’t have access to all of that.  I can try to pull it together for you.  I know that the Director was working on putting something together.  I don’t know if his secretary was doing that or not, but I will check in with him and see how we can better make that available.

Commissioner Lee:

- Recently we got economic information that we are going to have a second downturn in the economy beginning in 2012 because the stimulus money will be spent.  The Census will be employing 750 people between now and the end of the year.  Given that we have our highest unemployment rate in San Francisco in the last 40 years.  Are there any plans that we can expedite, large plans to be approved this year?  Even if that happens, it takes about another year before they go through the complete building process. 

Commissioner Moore:

- Mr. Nikitas, I don’t want to put you on the spot, but as a senior staff, are you aware of the comings and going of those meetings, are you aware of any part of those meeting that you could give Secretary Avery the information?

Craig Nikitas, Acting Zoning Administrator:

- Typically what happen is we share upcoming meeting in the week at a senior management meeting on Monday’s mornings, individual managers know about the meeting regarding the projects or the areas they are managing, but we don’t have a centralized database of the upcoming meetings and I think it would be valuable to pursue that and see what we can do both to accommodate your request and spread the knowledge throughout staff.

Commissioner Miguel:

- I had some meetings during the past week regarding Bayview Hunters Point as well as India Basin, and there is an India Basin meeting coming up next week.  I have also had some meetings with the Rebuild the Potrero project, and spent some time over several phones calls and e-mails yesterday with our secretary trying to schedule the informational hearings on Bayview Hunters Point in advance of an actual joint hearing with Redevelopment, so we can be as much up to date as possible.  Scheduling at any time it concerns two different commissions is difficult, but I think we have finally got this one down.




4.         Director’s Announcements


            No Report


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



-         There was an ordinance on the Parking Requirements and Garage Installation in Existing Buildings in District 3 (Telegraph Hill, North Beach and Chinatown).  At the January 14th hearing, the Planning Commission recommended approval of this ordinance with modifications.  Since that time, Supervisor Chiu did incorporate the majority of your recommendations.  However, last week many amendments were made after dialogue with Supervisor Dufty and interested parties.  This week it contained the special use district, bans on certain streets, but it was also amended as follows:  the addition of new garages would require 311 notification; buildings with four or more would require a mandatory DR hearing; a signed affidavit from the Project Sponsor they are meeting requirements; and the Department would be required to verify there have been no ‘no-fault’ evictions, among other things.  The ordinance was passed out of the Land Use Committee this week with recommendations for approval.

-         Also before the Land Use Committee was the Green Landscaping Ordinance.  This would create a permeability requirement, additional street tree and screening requirements, among other items.  With amendments, the Committee passed the ordinance to the full Board with a recommendation for approval.

-         There was also a Comprehensive Street Frontage Ordinance.  This ordinance would apply some of the street frontage controls from recent planning efforts to additional zoning districts in the City.  The Land use Committee recommended approval this week.




               No report



No report



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.



Joe Butler

Re:       1209 Lombard Street


F.                 REGULAR CALENDAR 


6.        2009.1185C                                                                         (C. TEAGUE: (415) 575-9081)

195 6th Street - (aka 988 Howard Street) - east side between Howard and Natoma Streets, Lots 025 in Assessor's Block 3725 - Request for Conditional Use Authorization pursuant to Planning Code Sections 249.40A, 303(i), 703.3, 703.4, and 735.43 to establish a formula retail use as a large fast-food restaurant (dba Subway) of approximately 1,500 square feet in the SoMa NCT (Neighborhood Commercial Transit) District, SoMa Youth and Family Special Use District, and 85-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions


SPEAKERS:     In support:  Olsen Lee – SF Redevelopment Agency, Erin Carson – SF Redevelopment Agency; and Henry Karnilowicz

ACTION:           Approved

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

NAYES:            Moore

MOTION:           18067


7.        2009.0953C                                                                    (E. OROPEZA: (415) 558-6381)

2859 Mission Street - between 24th and 25th Street, Lot 026 in Assessor’s Block 6517 - Request for Conditional Use Authorization to establish a small self-service restaurant pursuant to Planning Code Sections 736.44 and 790.91, in the Mission Street NCT (Neighborhood Commercial Transit) District, and a 40-X / 80-B Height and Bulk District - The project is also within the Mission Street Fast Food Sub district, the Mission Alcoholic Beverage Special Use Sub district. The proposed restaurant use is not identified as a formula retail use.

Preliminary Recommendation: Approval with Conditions


SPEAKERS:     Zachary Holland – representing the Project Sponsor

ACTION:           Approved

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

MOTION:           18068


8.                                                                                                      (K. RICH: (415) 558-6345)

AREA PLAN IMPLEMENTATION UPDATE - Informational presentation on the activities of the Department's Plan Implementation Group, including overview of progress toward funding infrastructure projects called for in adopted area plans, presentation of 2010 Inter-Department Plan Implementation Committee (IPIC) Report and presentation of the findings of the Eastern Neighborhoods Infrastructure Finance Working Group.  Informational only.


SPEAKERS:     None

ACTION:           This was an informational only item and there was no Commission action


9.        2010.0200U                                                                   (A. RODGERS: (415) 558-6395)

Amendments relating to the Police Code to create a Prohibition on Sitting or Lying on City Sidewalks [BOS File No. 10-0233].  Ordinance introduced by Mayor Newsom and Supervisor Alioto-Pier that would amend the Police Code to create a new Section168 that would prohibit sitting or lying on City sidewalks.  The proposed ordinance would make it unlawful to sit or lie upon a public sidewalk, or upon a blanket, chair, stool, or any other object placed upon a public sidewalk, during the hours between 7 a.m. and 11 p.m. at night. The Planning Commission specifically requested: 1) analysis of how the proposed law compares with adopted policy in San Francisco’s General Plan; 2) analysis of how the proposed Ordinance would affect the City’s Pavement to Parks program; and 3) information on jurisdictions with similar laws nationwide.  The proposed Ordinance is before the Commission at the request of the Commission so that it may make recommendations to the Board of Supervisors.


SPEAKERS:     Nicolas King, Chief   - SF Police Department, Ernestine Weiss, Bob – Coalition on Homelessness; Laura , Ted Lowenberg – HAIA, Nate Miller, James Jonitas

ACTION:           Approved staff's recommendation that the City maintain the streets and sidewalks as a vital component of the City's open space system adding amendments that highlight the General Plan policies to provide services to the homeless; realize that there are issues relative to SRO tenants who might want to leave their small space to obtain fresh air and open space on the sidewalks in front of or in the areas surrounding where they live; and to recognize the dynamics of the day-labor program where the use of sidewalks is often necessary.

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

NAVES:            Antonini





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))



Ernestine Weiss

Re:       The inappropriate use of the name Sue Bierman Park for Ferry Park


Adjournment:     5:22 p.m.


Adopted:           July 1, 2010

Last updated: 9/3/2010 3:14:39 PM