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February 10, 2011 - Regular Meeting

New Page 1

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, February 10, 2011

1:30 PM

Regular Meeting

 

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

 

THE MEETING WAS CALLED TO ORDER BY PRESIDENT OLAGUE AT 1:35 P.M.

 

STAFF IN ATTENDANCE:  John Rahaim – Director of Planning, AnMarie Rodgers, Tom Disanto, David Alumbaugh, Kearstin Dischinger, Michael Smith, Elizabeth Watty, Mark Luellen, 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.

 

1.         2010.0571T                                                                      (D. Sánchez:  415.575.9082)

Amendments to Planning Code by adding Section 102.34 and amending Sections 204.1, 209.5, 227, 234.1, 234.2, and Articles 7 and 8 - Ordinance introduced by Mayor Gavin Newsom and Supervisor David Chiu under Board File No. 101537 to define an urban agricultural use - to amend Sections regulating such use in various zoning districts and adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. 

(Proposed for Continuance to February 17, 2011)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

           

2.         2010.0802D                                                                 (G. CABREROS: (415) 558-6169)

2774-2776 Filbert Street - north side between Baker and Broderick Streets; Lot 014A in Assessor's Block 0942 - Request for Discretionary Review of Building Permit Application No. 2009.09.09.6467 proposing to construct a one-story vertical addition to the existing three-story, two-unit building resulting in a four-story, two-unit building in an RH-2 (Residential House, Two-Family) District and a 40-X Height and Bulk District.

Staff Analysis: Abbreviated Discretionary Review

Preliminary Recommendation: Do not take Discretionary Review and approve.

                        (Continued from Regular Meeting of December 16, 2010)

                        (Proposed for Continuance to March 3, 2011)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

           

3a.        2009.0173DV                                                                 (D. SÁNCHEZ: (415) 575-9082)

353 SAN JOSE AVENUE - east side of San Jose between 25th Street and 26th Streets; Lot 022 in Assessor’s Block 6531 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of the demolition of residential buildings and their replacement structures, of Building Permit Application No. 2007.12.12.0285 to construct a four unit multifamily building as the replacement structure within an RM-2 (Residential, Mixed, Moderate Density) District with a 40-X Height and Bulk Designation.

Preliminary Recommendation: Do not take Discretionary Review and Approve

            NOTE: On December 16, 2010, following public testimony, the Commission continued the matter to February 10, 2011 by a vote of (+6 -0).  Commissioner Fong was absent. Public hearing remains open.

            (Continued from Regular Meeting of December 16, 2010)

(Proposed for Continuance to March 17, 2011)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

           

            3b.       2009.0173DV                                                                 (D. SÁNCHEZ: (415) 575-9082)

353 SAN JOSE AVENUE - east side of San Jose between 25th Street and 26th Streets; Lot 022 in Assessor’s Block 6531 - Request for Variance, pursuant to Planning Code Sections 134 and 140, to not provide a code complying rear yard at the ground level or above where a rear yard of 34 feet 8 inches is required and to not provide dwelling unit exposure for two units for construction of a four unit building within an RM-2 (Residential, Mixed, Moderate Density) District with a 40-X Height and Bulk Designation.

            ZONING ADMINISTRATOR CONTINUED THE MATTER TO FEBRUARY 10, 2011.

            (Continued from Regular Meeting of December 16, 2010)

(Proposed for Continuance to March 17, 2011)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

           

3c.        2010.1040D                                                                    (D. SÁNCHEZ: (415) 575-9082)

353 SAN JOSE AVENUE - east side of San Jose between 25th Street and 26th Streets; Lot 022 in Assessor’s Block 6531 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of the demolition of residential buildings and their replacement structures, of Demolition Permit Application No. 2007.12.12.0282 to demolish an existing single family dwelling within an RM-2 (Residential, Mixed, Moderate Density) District with a 40-X Height and Bulk Designation.

Preliminary Recommendation: Do not Take Discretionary Review and Approve

            NOTE: On December 16, 2010, following public testimony, the Commission continued the matter to February 10, 2011 by a vote of (+6 -0).  Commissioner Fong was absent. Public hearing remains open.

            (Continued from Regular Meeting of December 16, 2010)

(Proposed for Continuance to March 17, 2011)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

           

4.         2010.0673C                                                                         (M. Woods: (415) 558-6315)

2509 BUSH STREET - south side between Scott and Divisadero Streets; Lot 032 in Assessor’s Block 1051 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303(c) and 712.38, to allow the conversion from residential units to a preschool for 48 children (an “Other Institutions, Large” as defined in Planning Code Section 790.50) on the second and third floor levels of an existing three-story building, containing approximately 3,900 square feet, in the NC-3 (Moderate-Scale Neighborhood Commercial) District and 40-X Height and Bulk District. 

Preliminary Recommendation:

(Proposed for Continuance to February 24, 2011)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

           

B.         COMMISSIONERS’ QUESTIONS AND MATTERS

 

5.         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 Miguel:  During the past week I have worked with some people regarding the high-speed rail that impacts Mission Bay; I’ve met with several other people regarding cell phone antennas in the city.

Commissioner Sugaya:  This morning I was reading about the America’s cup.  Maybe there are some materials about that or maybe under the Director’s Report … Secondly, apparently they are going to make the mid-Market eastbound traffic permanent after the experiment and this is not going to require any type of environmental review.  If we could look at that

Commissioner Moore:  More grass-roots rumors in support of the America’s Cup.  I understand that many of the local organizations and other venues in the Golden Gate Club which sponsored the America’s Cup are stepping in so it becomes even a larger event than what is only described by the simply the America’s Cup.  I’m really glad to hear that because it’s that mutual engagement where we all have a much richer and robust discussion of how to approve it.

Commissioner Antonini:  In this last week I was able to meet with on the architects on the Public Safety building which is coming up in the future.  Although it won’t be an item before us, it is a project for redevelopment.  I think we will be able to see the design and some of us will have meetings and be able to weigh in.  I think it will be a very promising project and one that will be important.  I also had a meeting with the Dean of a major institution here in San Francisco who is in the process of looking to relocate to a new facility.  We are hoping to keep them within San Francisco.  It is promising.  We have reason to believe we will be able to find a site that will work for them.  I am optimistic about that.  Finally, in terms of other issues, the facebook decision, as most have read about, to relocate to the Sun Micro campus is unfortunate in one regard because it was reported that 50% of their employees take public transit, bike or walk to the campus.  It will be impossible at the Sun Micro campus from what I heard.  I bet a high percentage of their employees live in San Francisco.  You never know.  Things may happen in the future, but I think it would be great if companies like that took a look to the north where most of their employees are or want to be. 

Commissioner Olague:  In the last week we mentioned America’s Cup and a few commissioners had a list of things they would like to schedule.  We will work with staff to try to come up with a reasonable calendar to hear more policy issues.  Maybe starting in the summer we can start calendaring that stuff.

 

C.         DIRECTOR’S REPORT

 

6.         Director’s Announcements

 

Director Rahaim:  In the interest of time I want to make an announcement – just to repeat that next Wednesday evening, the 16th, at 6 p.m. I will be hosting a public discussion about the Housing Element.  That is Wednesday, the 16th at the Department.  The latest draft of the Housing Element is out and it is available online.  I think you have copies.  The purpose of next week’s meeting is to facilitate a discussion about the most recent changes.  There will be an informational hearing on February 24, with action tentatively scheduled for March 24.  I think that is it for me.

     

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

 

Board of Supervisors:

Upper Market NCD – The Commission initiated a Planning Code text amendment on November 4, 2010 recommending approval.  The ordinance intends to achieve the following:  ensure commercial & residential development is consistent with existing development patterns; provide relief from parking requirements & encourage more transit-oriented development; and ensure new development provides community benefits to offset new impacts to infrastructure due to new development.  Because this draft ordinance did not benefit from a substantial process to inform people of pending fee changes, the Commission recommended applying all the controls upon adoption of the Ordinance while providing an exemption from certain impact fees for pre-existing projects that are able to make good on their permit application by securing planning entitlements within 2 years. After last week’s Land Use hearing we discovered that the project at 299 Market Street has not yet been secured.  The project would be subject to this Ordinance upon adoption – thereby disturbing the community/developer agreement.  This week supervisor mar introduced changes to the Ordinance that would exempt this project from the legislation so that the community/developer agreement is not disturbed.  Like the current fee exemption within the Ordinance, this exemption was drafted such that the developer has a set window for completing the entitlements.  If all entitlements are not secured within two years the Ordinance would apply in full to this property as well.  With that amendment, the Ordinance passed first reading with the Full Board.

New City policies governing the future use of IFDs and the creation of a Rincon Hill Pilot IFD – On July 22, 2010 you heard an Ordinance that created an “Area Plan Infrastructure Finance Committee.”  The committee includes four public stakeholders and representatives from Planning, OEWD, Mayor’s Office of Public Policy & Finance, Controller, the Capital Planning Committee and other implementing agencies.  This committee is to advise the Board on appropriate public policies for IFDs and the Pilot IFD on Rincon Hill.  You recommended approval of the process with the understanding that Rincon Hill would be the first IFD pilot project.  You recommended 2 considerations;  that the Board seek additional funding to extend a second IFD pilot program for the Eastern Neighborhoods; and second, that the city conduct additional study of the long-term effects on the General fund.  Since your action the APIF Committee supervised the establishment of the Committee; drafting of policies governing the use of IFDs were approved to protect the General Fund; and completion of a Fiscal Impact analysis studying the long-term effects of the Rincon hill Pilot IFD on the General Fund.  The analysis showed that there would be a net fiscal surplus at build-out.  The Planning Department has been actively involved in the process.  Staff has served on the APIF Committee to ensure that the Commission’s concerns were fairly addressed.  This week the Full Board unanimously approved all of the 8 pieces of legislation on first reading.  The property owners also voted on the IFD on Tuesday and their vote was counted at the Board.  There was 100% approval by all property owners.  All that awaits is the second reading of the draft ordinance and the Mayor’s signature of the IFD ordinance.  With these last steps, the city will have created the first IFD in the state.

This week Supervisor Mirkarimi introduced amendments to the Planning Code – the amendments deal largely with restaurant controls and increase the maximum size for small self-service restaurants and the minimum size for large self-service restaurants and it would require that certain other provisions including removing a prohibition on on-site food preparation in retail coffee stores.  That will be before you with 90 days for your consideration.

Board of Appeals:

2139 Taraval Street, a Medical Cannabis Dispensary approved by this Commission.  The Board of Appeals overturned that approval and denied the permit.  Last night they had adoption of findings for that denial.  The Board adopted those findings and now the permit holder will have a 10-day window to file a rehearing request.

The other two items were related to General Advertising Signs.  They were both permits that sought removal of general advertising signs.  The appeals were filed to allow replacement of those signs.  Under the Planning code you cannot replace a general advertising sign.  On one of the cases, it is interesting to note that it was a sign company that filed the appeal.  They had filed the permit to remove the sign; they called the Department of Building Inspection; had a final inspection done; and then sought to appeal the permit because they realized they had made a mistake and they didn’t really want to remove the sign.  The Board voted to uphold the permit for both those cases that the signs cannot be replaced.  Both cases were represented by Dan Sider of staff, who is now undefeated before the Board of Appeals.

Historic Preservation Commission:

No report

 

8.         Governor Brown’s Proposed Elimination of Redevelopment Agencies

 

SPEAKERS:     None

ACTION:           Informational only – no action

 

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

 

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

 

9.         2006.1524E                                                                   (B. BOLLINGER: (415) 575-9024)

350 Mission Street - Assessor’s Block 3710 Lot 017 - Certification of the Final Environmental Impact Report. The proposed project would demolish an existing four story building containing office space and retail uses, and construct a new 24-story, 350-foot tall building containing approximately 340,000 square feet of office uses, approximately 6,500 square feet of retail space, approximately 23,500 square feet of subterranean parking area, and approximately 7,000 square feet of publicly-accessible interior open space. The project site is located within the C-3-O (Downtown Office) District and the 550-S Height and Bulk District.

Please note: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on November 2, 2010. 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.

Preliminary Recommendation: Certify the Final EIR

 

SPEAKERS:     None

ACTION:           Approved certification of the Final EIR

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

NAYES:            Sugaya

MOTION:           18265

 

G.            REGULAR CALENDAR 

 

10a.      2006.1524EKBXV                                                                      (K. GUY: (415) 558-6163)

350 MISSION STREET - northeast corner at Fremont Street; Lot 017 of Assessor’s Block 3710 - Consideration of Adoption of Findings under the California Environmental Quality Act. The proposed project would demolish an existing four story building containing office space and retail uses, and construct a new 24-story, 350-foot tall building containing approximately 340,000 square feet of office uses, approximately 1,000 square feet of retail space, approximately 23,500 square feet of subterranean parking area, and approximately 12,700 square feet of publicly-accessible interior open space. The project site is located within the C-3-O (Downtown Office) District and the 550-S Height and Bulk District.

Preliminary Recommendation: Adopt Findings.

 

SPEAKERS:     David Wall – Project Sponsor; Craig Hartman – Project Architect; Tom Hart – Representing 45 Fremont Street requesting a continuance because has not had enough time to study the project and also requesting a code-complying project; Alex de Good – Representing 50 Beal Street requesting a code-complying project on the site and to allow more time to negotiate; and Jamie Whittaker speaking in support.

ACTION:           Approved

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

MOTION:           18266

           

10b.      2006.1524EKBXV                                                                     (K. GUY: (415) 558-6163)

350 MISSION STREET - northeast corner at Fremont Street; Lot 017 of Assessor’s Block 3710 - Request for Allocation of Square Footage pursuant to Planning Code Sections 321 and 322 (the Annual Office Development Limitation Program). The proposed project would demolish an existing four story building containing office space and retail uses, and construct a new 24-story, 350-foot tall building containing approximately 340,000 square feet of office uses, approximately 1,000 square feet of retail space, approximately 23,500 square feet of subterranean parking area, and approximately 12,700 square feet of publicly-accessible interior open space. The project site is located within the C-3-O (Downtown Office) District and the 550-S Height and Bulk District.  Preliminary Recommendation: Approval with Conditions.

 

SPEAKERS:     Same as those listed for item 10a

ACTION:           Approved

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

MOTION:           18267

           

 

10c.      2006.1524EKBXV                                                                      (K. GUY: (415) 558-6163)

350 MISSION STREET - northeast corner at Fremont Street; Lot 017 of Assessor’s Block 3710 - Request for a Determination of Compliance pursuant to Planning Code Section 309, with exceptions to the requirements for "Separation of Towers", "Reduction of Ground-Level Wind Currents in C-3 Districts", "General Standards for Off-Street Parking and Loading" to create a curb cut on Fremont Street, and "Bulk Limits". The proposed project would demolish an existing four story building containing office space and retail uses, and construct a new 24-story, 350-foot tall building containing approximately 340,000 square feet of office uses, approximately 1,000 square feet of retail space, approximately 23,500 square feet of subterranean parking area, and approximately 12,700 square feet of publicly-accessible interior open space. The project site is located within the C-3-O (Downtown Office) District and the 550-S Height and Bulk District.  Preliminary Recommendation: Approval with Conditions. The Planning Department has made an initial determination that 340,362 square feet of the proposed office uses would be subject to the requirements of the Downtown Park Special Fund (Section 412), Housing for Large-Scale Development (Section 413), and Child-Care Requirements for Office and Hotel Development Projects (Section 414).

Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     Same as those listed for item 10a

ACTION:           Approved

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

MOTION:           18268

           

10d.      2006.1524EKBXV                                                                    (K. GUY: (415) 558-6163)

                        350 MISSION STREET - northeast corner at Fremont Street; Lot 017 of Assessor’s Block 3710 - Request for a Variance, pursuant to Planning Code Section 155(s)(5)(A) to allow a shared parking and loading garage opening with a width of 33 feet, exceeding the maximum permitted width of 27 feet. The proposed project would demolish an existing four story building containing office space and retail uses, and construct a new 24-story, 350-foot tall building containing approximately 340,000 square feet of office uses, approximately 1,000 square feet of retail space, approximately 23,500 square feet of subterranean parking area, and approximately 12,700 square feet of publicly-accessible interior open space. The project site is located within the C-3-O (Downtown Office) District and the 550-S Height and Bulk District.  The Zoning Administrator will consider the Variance request concurrently with the Planning Commission's consideration of the other project entitlements at this same hearing.

 

SPEAKERS:     Same as those listed for item 10a

ACTION:           ZA closed PH and granted the Variance subject to the standard conditions of approval

           

11.        2010.1121T                                                                   (A. Rodgers:  (415) 558-6395)

Parking in South of Market and Mission Bay -  The Commission will consider a proposed Ordinance introduced by Supervisor Daly amending the San Francisco Planning Code by amending Sections 151, 151.1, 155, 161, 249.1, 249.23 and Part VII of Article 9 (1) to remove minimum parking requirements and establish maximum parking limits in M-1, C-M, and South of Market districts and the Folsom and Main Residential/Commercial and Fourth and Freelon Streets Special Use Districts to make them consistent with those of neighboring districts, (2) to require that non-residential and non-hotel parking in C-3 in the South of Market Mixed Use districts adjacent to Downtown maintain a fee structure which discourages long-term commuter parking, (3) to make parking controls in the Mission Bay Districts that are subject to the Planning Code consistent with requirements of neighboring districts; and adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

Recommendation: Approval with Modifications of Proposed Ordinance to Board of Supervisors.

(Continued from Regular Meeting of January 13, 2011)

 

SPEAKERS:     None

ACTION:           Without hearing, continued to 4/28/11

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

 

            From the Addendum:                                                          (T. DiSanto (415) 575-9113)

                        FY 2011-12 Budget Development - Review and approval of a balanced FY 2011-12 budget for submission to the Mayor's Office (action Item).

 

SPEAKERS:     None

ACTION:           Approved proposed balanced budget for FY 2011/1012

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

 

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

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

 

None

 

Adjournment:    3:14 P.M.

 

 

Adopted:       March 17, 2011

 

Last updated: 3/21/2011 1:41:08 PM