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City and County of San Francisco

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

 

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, May 13, 2010

1:30 P.M.

Regular Meeting

 

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

 

THE MEETING WAS CALLED TO ORDER BY PRESIDENT MIGUEL AT 1:37 P.M.

 

STAFF IN ATTENDANCE:  John Rahaim – Director of Planning, Larry Badiner – Zoning Administrator, Mat  Snyder, David Alumbaugh, Rick Cooper, Tim Johnston, Sharon Young, Sharon Lai, Michael Jacinto, Kevin guy, Elizabeth Watty, 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.

               

1a.        2007.1135EKVX                                                                   (J. MILLER: (415) 558-6344)

562 - 564 HOWARD STREET - north side between First and Second Streets - Review under Planning Code (hereinafter “Code”) Section 309 an eight-story addition to an existing two-story building to contain approximately 19 dwelling units, second-story residential use and ground-floor retail space, approximately 122 feet in height, requiring an exception pursuant to Code Section 309(a)(1) for rear-yard requirements, Lot 019 in Assessor's Block 3721, in a C-3-O(SD) (Downtown Office – Special District) and a 450-S Height and Bulk District.

Preliminary Recommendation:     Approval with Conditions

(Continued from Regular Meeting of February 25, 2010)

NOTE: On February 25, 2010, following public testimony, the Commission continued this item to 3/25/2010 and required that they be provided with the Howard Street frontage prior to the hearing by a vote +5 -0.  Commissioner Sugaya was recused.  Commissioner Borden was absent.   The public hearing remains open.  

(Continued from Regular Meeting of March 25, 2010)

(Proposed for Indefinite Continuance)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

ABSENT:          Borden

 

 

1b.        2007.1135EKVX                                                                   (J. MILLER: (415) 558-6344)

562 – 564 HOWARD STREET - north side between First and Second Streets - Request for aVariance of Planning Code Section 140 for dwelling-unit exposure for ten dwelling units in conjunction with the construction of 19 new dwelling units, Lot 019 in Assessor's Block 3721, in a C-3-O(SD) (Downtown Office – Special District) and a 450-S Height and Bulk District.

(Continued from Regular Meeting of February 25, 2010)

NOTE: On February 25, 2010, following public testimony, the Commission continued this item to 3/25/2010 and required that they be provided with the Howard Street frontage prior to the hearing by a vote +5 -0.  Commissioner Sugaya was recused.  Commissioner Borden was absent.   The public hearing remains open.  

                        (Continued from Regular Meeting of March 25, 2010)

                        (Proposed for Indefinite Continuance)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

ABSENT:          Borden

 

B.         GENERALPUBLIC 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:

Espanola Jackson – re: the Bayview; Paul Osaki – re: Japantown; Michael Sugawara – re: housing in the Bayview; Bob Hamaguchi – re: Japantown; Aya Ino – re: Japantown; Hiroshi Fukuda – re: Japantown; Diane Wesley Smith – re: smart planning in District 10; Edna James – re: seniors aging in place; David Tornheim – re: DR Reform

 

C.                 REGULAR CALENDAR 

 

           2.        2007.0946BEMTRUZ                                                        (M. SNYDER: (415) 575-6891)

CANDLESTICK POINT - HUNTERS POINT SHIPYARD PHASE 2 - The Candlestick Point component is generally bounded by Jamestown Avenue north of Hunters Point Expressway and south of Giants Drive to the south and southwest; Bayview Hill Park to the southwest; Gilman Park to the northwest; the southwest, northwest, and northeast outer boundaries of Alice Griffith Housing to the north; the San Francisco Bay shoreline along Candlestick Point State Recreation Area from Arelious Walker Drive to Hunters Point Expressway to the east and south and includes the following Assessor's Blocks and Lots: Block 4884, all lots; Blocks: 4917, all lots; Blocks: 4918, all lots; Block: 4934, all lots; Block: 4935, all lots; Blocks: 4956, Lots 003, 004, 005, 006, 007, 008, 009, 010, 011, 012, 013, 014 , Block 4960, Lot 027 , Block 4977, Lot: 006; Block 4983, all lots, Block: 4984, all lots; Block: 4886, all lots; Block 4991, Lot: 276; Block: 5000, Lot: 001; Block 5005, all lots.   The Hunters Point Shipyard Phase 2 component of the project includes almost all of the former Hunters Point Shipyard except for the portion being developed as Phase I and includes the following Assessor’s Blocks and Lots:  Assessor's Block 4591A, Lot 079; Block 4591C, Lots 010, 209, and 210; Block 5491C, Lot 211. Informational Hearing on the Project's Disposition and Development Agreement between the San Francisco Redevelopment Agency and  the master developer, CP Development Co., LP, a joint venture between Lennar and Scala Real Estate Partners, Hillwood, and Estein and Associates, USA, including a presentation on the Project's Below Market-Rate Housing Plan, Community Benefits Plan and workforce development and local hiring programs.

 

SPEAKERS:     In support:  Ashley Anderson, Clarence Johnson, Joseph Smith, Jody Fontenot, Stormy Henry, Joe Do Thuc, Tacora Hollins, Tammy Frigram, Lloyd Dilwood, Clara Bishop, Pak Bing Wu, Michael Patton, Tiffany Carpenter, Javier Marquez, Xuan Quan, Alvin Thornton, Jenny Xang, Teresa Ouque, Al Worman, Wayne Williams, Ricardo Contreras, Shantanice Gaines; In opposition:  Dr. Ahinzoa Porter Sumchai;Neutral:  Joshua Arce and Howard McCray

ACTION:           Informational only – no action

 

 

4:30 P.M.

 

3.         2007.1202E                                                                  (T. JOHNSTON: (415) 575-9035)

HARRY TRACY WATER TREATMENT PLANT (HTWTP) LONG-TERM IMPROVEMENTS PROJECT - Public Hearing on the Draft Environmental Impact Report - The San Francisco Public Utilities Commission (SFPUC) is proposing  TC "San Francisco Public Utilities Commission (SFPUC)" \f A \l "1" to implement the Harry Tracy Water Treatment Plant (HTWTP) TC "Harry Tracy Water Treatment Plant (HTWTP)" \f A \l "1"  Long-Term Improvements Project to meet WSIP levels of service for water quality and delivery reliability, seismic reliability, and other improvements necessary to the enhance the operation of the HTWTP. The treatment process would generally be the same even with the proposed improvements. The primary differences would be to solids handling, whereby solids from the sludge holding tank would be transferred to a solids dewatering facility before being trucked off site, and to the treated water storage, which would occur in a single new tank north of the main plant site instead of two tanks southeast of the main plant. The HTWTP is located on 52.3 acres in an unincorporated area of San Mateo County just east of Interstate 280 (I-280) TC "Interstate 280 (I-280)" \f A \l "1"  near the City of San Bruno and the City of Millbrae. A small portion of the site is within the City of Millbrae.

Preliminary Recommendation: No Action Required

Note: Written comments will be accepted at the Planning Department’s offices until the close of business on Monday, May 17, 2010.

 

SPEAKERS:     Allen Harrison, Michelle Harrison, Richard Fraser, Christine Hanson, Lorissa Milano, Bill Clark, Faye Brophy, Carole Beltarini, Alison White, Greggory Businger, Lara Stevens, Laura Derry, Emma Rhodes, Steve Flahavan, Bertille Legrand

ACTION:           Public hearing on draft EIR – no action

 

4.         2010.0116C                                                                        (S. YOUNG: (415) 558-6346)    

1599 HAIGHT STREET  - southeast corner of Haight and Clayton Streets; Lot 023 in Assessor’s Block 1245 -Request for Conditional Use Authorization under Sections719.42and 303 of the Planning Code to convert retail commercial tenant space (previously occupied by a retail jewelry store dba Offbeat and currently occupied by a tattoo and piercing studio dba Soul Patch) into a full-service restaurant dba Mama’s Kitchen (Café) with approximately 2,100 square feet in floor area within the Haight Street Neighborhood Commercial District, the Haight Street Alcohol Restricted Use Subdistrict, and a 40-X Height and Bulk District. 

Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     Suheil Shitara – Project Architect, Richard Fall, In support:  Ted Lowenberg, Kent Uyehara, and Marie McCarthy

ACTION:           Approved as amended to add language to address the vent concerns

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

MOTION:          18079

 

5.         2010.0083C                                                                            (S. YOUNG: (415) 558-6346)    

200 FILLMORE STREET  - northeast corner of Fillmore and Waller Streets; Lot 020 in Assessor’s Block 0859 -Request for Conditional Use Authorization under Sections 710.48, 303, and 186.1(b)(1) of the Planning Code to allow an “other entertainment” use within an existing legal nonconforming large fast food restaurant dba Café Du Soleil located on the ground floor of the two-story residential and commercial building within an NC-1 (Neighborhood Commercial Cluster) District and a 40-X Height and Bulk District.  The proposal will involve adding the performance of non-amplified musical entertainment and poetry reading to the existing restaurant.

Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     Bill Maher – Representing the Project Sponsor, Christy – Project co-owner, In support:  Jimmy Terrell, Kim Gill, Robert Rodriguez, Andrew Michelson, Paul Jarulimekproner, Maurice Rivers

ACTION:           Approved as amended to remove the second sentence of condition number 3 (regarding the opening of doors and windows)

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

MOTION:          18080

 

6.         2009.0199C                                                                               (S. Lai: (415) 575-9087) 

503 33rd AVENUE (AKA 6901 GEARY BOULEVARD) - southwest corner of Geary Boulevard and 33rd Avenue, Lot 001 in Assessor’s Block 1511 -Request for Conditional Use Authorization under Planning Code Sections 710.69A, 790.93 and 303, to legalize a self-service specialty food establishment (dba “Happy Yogurt”) to replace a retail grocery store, within the NC-1 (Neighborhood Commercial, Cluster) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     Project Sponsor

ACTION:           Approved

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

MOTION:          18081

 

            7.         2005.1085E                                                                     (M. JACINTO: (415) 575-9033)

555 FULTON STREET - south side of Fulton Street, between Octavia, Laguna and Birch Streets; Lots 015, 028 Assessor Block 0794 - Public Hearing on an Appeal of the Preliminary Mitigated Negative Declaration. The proposed project would include demolition of an existing two-story, approximately 19,620-square-foot office and industrial building with about 70 surface parking spaces and new construction of a five-story, approximately 55-foot-tall, 245,610- gross square feet building with 136 residential units, ground-floor commercial (supermarket) space, and 195 spaces of parking in a two-level underground parking garage. The project site is located in the Hayes-Gough Neighborhood Commercial Transit District, the Residential Transit-Oriented District and the Fulton Street Grocery Store Special Use District and a 40-X/50-X Height and Bulk District.

Preliminary Recommendation:  Uphold Mitigated Negative Declaration

(Continued from Regular Meeting of March 22, 2010)

 

SPEAKERS:     Temple Tse – Appellant, David Silverman – Representing the Project Sponsor, In support of appeal:  Mike Goos and Carol Poshepny

ACTION:           Mitigated Negative Declaration was upheld

AYES:              Antonini, Borden, Lee, Olague and Miguel

NAYES:            Moore and Sugaya

MOTION:          18082

 

8.         2005.1085C                                                                             (K. GUY: (415) 558-6163)

555 Fulton Street - south side between Laguna and Octavia Streets, Lots 015 and 028 of Assessor’s Block 0794 - Request for Conditional Use Authorization to allow development on a lot exceeding 10,000 square feet, to allow a commercial use size exceeding 3,000 square feet, to allow development above the 40-foot base height limit up to 50 feet, to allow additional off-street accessory parking for residential and commercial uses within a Neighborhood Commercial Transit (NCT) District, and to approve a Planned Unit Development, with specific modifications of Planning Code regulations regarding off-street parking, rear yard, open space, dwelling unit exposure, height limits for narrow streets, and curb-cuts on streets with bicycle lanes, within the Hayes-Gough NCT District, the Residential Transit-Oriented District, the 40-50-X Height and Bulk District, and the Fulton Street Grocery Store Special Use District.

                        Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     In support:  David Silverman – Representing the Project Sponsor, Project Architect, Rex Tabord, Louise Williams, Louise Williams, Randall Evans, Kevin Jefferson, Ricardo Myers, Jim Warshell, Stefan Hastrup, Aleshi Bearsheaski, Gary Banks, Dee Gardner, Robin Levit, rev. Arnold Townsend; In opposition:  Carol Poshepny,Temple Tse, Karlo Harminas; Neutral:  Jason Hendesson

ACTION:           Approved staff recommendation as amended with the original design; and condition 1 of 6a would be eliminated

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

MOTION:          18083

 

9a.        2009.0112 CZ                                                                       (E. Watty: (415) 558-6620)

ONE CAPITOL AVENUE - between Capitol Avenue to the east and Alemany Boulevard to the west, parallel to Sagamore Street to the north and Interstate 280 Freeway to the south; Lot 040 in Assessor’s Block 7148 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 304, to authorize a Planned Unit Development (PUD) on a vacant lot measuring approximately one acre in size, that includes the creation of 28 lots with a total of 28 single-family dwellings and 42 parking spaces (including one car share space) in an RH-1 Zoning District and 40-X Height and Bulk District; and adopting findings under the California Environmental Quality Act.  This Project includes modifications to the lot size and width (Section 121), rear yard (Section 134), usable open space (Section 135), and dwelling-unit exposure (Section 140).

Preliminary Recommendation:  Approval with Conditions

 

SPEAKERS:     In support:  Project Sponsor, Donald McDonald – Project Architect, Steve Vettel – representing the Project Sponsor, Linda Lim, Tim Colen, Brooke Butner, Brian Sebastian; Neutral:  Marilyn Amini; In opposition:  Troy Dangerfield, Barbara Gainer, Elmo Carter, Blanche Dilworth

ACTION:           Approved as proposed

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

NAYES:            Olague

MOTION:          18084

 

 

9b.        2009.0112 CZ                                                                        (E. Watty: (415) 558-6620)

ONE CAPITOL AVENUE - between Capitol Avenue to the east and Alemany Boulevard to the west, parallel to Sagamore Street to the north and Interstate 280 Freeway to the south; Lot 040 in Assessor’s Block 7148 - Request for Zoning Map Amendment, pursuant to Planning Code Section 302, to amend Zoning Map Sheet 12 to reclassify the subject property from the existing P (Public) to RH-1 (Residential, House, One-Unit per Lot) for the proposed construction of 28 new single-family dwellings on 28 lots with 42 parking spaces. The proposed Zoning Map Amendment is before the Commission so that it may recommend adoption, rejection, or adoption with modifications to the Board of Supervisors, and adopt findings, including environmental findings and findings of consistency, with the General Plan and the Priority Policies of Planning Code Section 101.1.

Preliminary Recommendation:  Recommend Adoption to the Board of Supervisors

 

SPEAKERS:     Same as those listed for item 9a.

ACTION:           Approved as proposed

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

NAYES:            Olague

RESOLUTION:  18085

 

D.         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.

 

10.        Consideration of Adoption:

           

        Draft Minutes of Regular Meeting of April 8, 2010.

        Draft Minutes of Regular Meeting of April 15, 2010.

        Draft Minutes of Regular Meeting of April 22, 2010.

 

SPEAKERS:     Marilyn Amini

ACTION:           Approved Draft Minutes of 4/8 and 4/22; and Continued Draft Minutes of 4/15 until corrected to show all speakers for 130 Ord Street

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

NAYES:            Sugaya

 

11.        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:

I had some concerns about the DR reform issue but because it is very late I would rather wait until next week to address that matter.  I just want to acknowledge the public who had some concerns.

 

 

Commissioner Sugaya:

I also had some things to bring up that is more geared toward staff issues, but out of courtesy to the Director, who is not here, I will bring them up next week.

Commissioner Moore:

I also had a couple of questions for the Director regarding staff, but with him not being here, I think it is not the correct thing to do.

 

E.         DIRECTOR’S REPORT

 

12.        Director’s Announcements

           

            None

 

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

 

Board of Supervisors Hearings this week:

Public Safety Committee:

        Sit/Lie Ordinance – this Commission did not recommend approval or disapproval but instead recommended that the City maintain the streets and sidewalks as a vital component of the City’s open space system.  You further urged that extra consideration be given for 1) those who live in Single Room Occupancy Hotels or areas where the Planning Code requires less private open space per unit and 2) day laborers who may sit on the sidewalk while waiting for employment.  After 5 ½ hours of testimony and discussion, the item was continued to May 24.

Land Use Committee:

        150 Otis Street was heard – they voted to recommend approval to the full Board

        Double Density bonus – This Commission heard thin in October of 2009 and recommended approval.  The Committee approved the amendment and continued it for two weeks.

Full Board of Supervisors:

        There was action on 2 of the 3 ordinances that comprise the Development Stimulus/Fee Reform and Deferral package – The Housing Transfer Fee ordinance was continued to the call of the chair; and the other two ordinances were approved on first reading this week with all 12 of your recommendations being incorporated into the legislation.

        CEQA Appeal of 424 Francisco Street – there was an appeal of the Cat Ex.  The Board voted to overturn the Cat Ex and sent it back to the department for an EIR.  The Board:

1.      made findings that the Department must require an EIR for all proposed garage installations in the newly-enacted Chiu/Garage legislation (NB, NCD, Broadway NCD, C-town, new SUD) that must study traffic impacts, historic resources, impacts to land use, and impacts to affordable housing; and

2.      they interpreted the Administrative Code provisions for noticing to mean that all categorical exemptions issued by the Department must be noticed.  In the past the Department had interpreted the Administrative Code as requiring notice for certain projects where a ‘written determination’ was provided such as where a historic resource is present or a demolition is involved.

        On May 4th there was also a CU and CEQA appeal on the Masonic Center at 1111 California Street – after a lengthy hearing, the Board did vote to uphold the Cat Ex and to modify the CU by adding 15 new conditions of approval.  Most of the new conditions were alterations to the conditions imposed by this Commission, such as limiting maximum capacity to 3300 instead of 35oo, changing show times to start at 7 pm or later and end at 11:30 pm or earlier, as well as additional traffic and loading controls.

 

Board of Appeals:

            Commissioner Rafael Mandelman resigned and Christine Wang has been sworn in.

 

Historic Preservation Commission:

            No report

 

F.        PUBLIC COMMENT

 

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

 

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

 

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

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

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

 

SPEAKERS:

Joel Panzer – re:  Speaking against the closure of Noe Street for Pavement to Parks projects

Dan Duncan – re:  Speaking against the closure of Noe Street for Pavement to Parks project

Marilyn Amini – re:  Solar power and expressed concerns about the shading of solar panels

 

 

Adjournment:    10:31 p.m.

 

 

Last updated: 9/3/2010 3:23:57 PM