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City and County of San Francisco

January 13, 2011

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SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, January 13, 2011

1:30 PM

Regular Meeting

 

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

 

THE MEETING WAS CALLED TO ORDER BY PRESIDENT MIGUEL AT 1:39 P.M.

 

STAFF IN ATTENDANCE:  John Rahaim – Director of Planning, AnMarie Rodgers, Mark Luellen, Aaron Hollister, Aaron Starr, Jeanie Poling, Sharon Young, Kevin Guy, Elizabeth Watty, Ben Fu, Joshua Switzky, and Jonas Ionin – Acting 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.         2009.0649C                                                                   (D. SANCHEZ: (415) 575-9082)
2980 24TH STREET - northeast corner of Harrison and 24th Streets, Lots 039, 040 in Assessor’s Block 4206 - Request for Conditional Use Authorization under Planning Code Sections 727.83 and 303 to install a wireless transmission facility for T-Mobile, consisting of six panel antennas on an existing mixed use building withi n the 24th Street - Mission Street Neighborhood Commercial Transit District and a 55-X Height and Bulk District.

Preliminary Recommendation:  Approval with Conditions

            (Continued from Regular Meeting of December 9, 2010)

(Proposed for Continuance Indefinitely)

           

SPEAKERS:     None

ACTION:           Continued to February 17, 2011

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

 

2.         2009.0646C                                                                              (K. GUY: (415) 558-6163)

524 HOWARD STREET - north side between First and Second Streets; Lot 013 in Assessor’s Block 3721 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 156 and 303, to allow the continued operation of an existing temporary surface parking lot within the C-3-O (SD) District and the 450-S Height and Bulk District.

Preliminary Recommendation:  Approval with Conditions

(Continued from Regular Meeting of November 18, 2010)

(Proposed for Continuance to March 24, 2011)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

 

3.         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.

(Proposed for Continuance to February 10, 2011)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

 

B.         CONSENT CALENDAR

 

All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and will be acted upon by a single roll call vote of the Commission.  There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing

 

4.         2010.0766Z                                                                 (G. CABREROS: (415) 558-6169)

2451 SACRAMENTO STREET - south side between Fillmore and Webster Streets; Lot 037 in Assessor’s Block 0636 - Intention to Initiate a  Project-sponsored Amendment to San Francisco Zoning Map 2.  Pursuant to Planning Code Section 302, the Planning Commission will consider a Resolution of Intention to initiate an amendment to the Zoning Map.  The proposed amendment will change the zoning district of the subject lot from the RM-1 (Residential, Mixed, Low-Density) District to the adjacent Upper Fillmore Neighborhood Commercial District. 

Preliminary Recommendation:  Approve a draft Resolution of Intention to initiate an amendment to the Zoning Map and schedule a public hearing to consider the amendment on or after February 10, 2011.

 

SPEAKERS:     None

ACTION:           Approved

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

RESOLUTION:   18249

 

C.         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.

 

            Consideration of Adoption:

                       

·         Draft Minutes of Regular Meeting of February 18, 2010

·         Draft Minutes of Regular Meeting of October 21, 2010

            (Continued from Regular Meeting of December 9, 2010)

·         Draft Minutes of Regular Meeting of December 9, 2010

 

SPEAKERS:     None

ACTION:           Without hearing, continued to January 20, 2011 because various commissioners did not receive copies of all sets of minutes

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

 

            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:

If I may start off:  During the break – and welcome back everybody – I have met regarding CPMC, the 24th Street cell tower, an item on Pleasant Street, and I also met with three of the four incoming new Supervisors.  I was out of town for the fourth.  Staff did extremely well in briefing the new supervisors regarding the Planning Department, introducing them to senior staff, taking their questions, and that sort of thing.  That went very well.  Also, I recently received two communications from Theresa Sparks, Executive Director of the human Rights Commission.  They followed a discussion of Commissioner Sugaya’s comments at our November 18 meeting and realized they were not expressed by the whole Commission.  They expressed thanks for the Commissioner’s apology made at that Commission meeting and appreciated his willingness to engage in sensitivity training.  My understanding is that the human Rights Commission is considering the possibility of such training for all San Francisco’s commissioners on all Commissions.  I assured her that if such a program is instituted, the Planning Commission will most certainly participate.

Commissioner Moore:

I just wanted to express my delight about San Francisco winning the America’s Cup and some of the challenges that will allow us to showcase what the Department has done - the new plans.  Hopefully, we can kick some of them in with great speed – such as the Better Streets Plan.  We want to show the streets bordering the bay in full force.  I have a question for the Director.  I was confused about the message I got yesterday saying they are taking on the planning of Ocean Avenue.  In addition, they were talking about, as I understand it – in electronics letters are abbreviated – they were taking on the joint planning downtown.  I was hoping that the Planning Department was already in charge of physical planning and would stay in dialogue and would be a full participant in all these efforts.

Director Rahaim:

Thank you for that.  SPUR received a grant from the State of the Feds to do planning and outreach work along Ocean Avenue, which is part of Ocean Beach, part of the Golden Gate national Recreation Area.  It is not under our jurisdiction in the Department.  The Planning Department is part of a larger …; I sit on the advisory group, along with several other Department Heads from Recreation and Parks and the Public Utilities Commission in overseeing the effort.  They did specifically receive a grant to be the lead on that effort to convene Department Heads and agencies to look at issues along Ocean Beach.  On the second part of your question – I will look into that.

Commissioner Moore:

I think both of them are interesting.  It is very positive.  I just hope that we will never encourage fragmented efforts, especially on Ocean Beach properties, which we frequently talk about.  I hope there will be open doors for all of us to hear and see and participate in a wonderful effort.  I hope there is an invitation to us.

Commissioner Borden:

I would also like to reiterate what Commissioner Moore said about being thrilled about the America’s cup.  I look forward to the environmental review documents.  I also want to congratulate all the new Supervisors and the new Interim Mayor.  I look forward to working with them on planning issues and to having a very productive time on a couple of issues.  When is the Presidio scheduled?  I know there are plans for a hotel there.  Meetings have been canceled.  I was wondering if we could have someone from the Presidio update us on their plans and their philosophy.  That way the community has a forum that is a little more public than the existing forum.  If that would be something other commissioners could agree to, that would be great.  The other thing is that I wanted to request that the Park Merced project scheduled for February 3rd be moved because I will be out of town.  After sitting through all the hearings, I would like to weigh in on the outcome.

Commissioner Miguel:

[Unintelligible]

Commissioner Borden:

No, I will not.

Commissioner Olague:

I believe it is also Chinese New Year on the third.  There may be members of staff – Commissioner Fong may want to spend time with his family.  That is what I have heard from the Chinese community that it is a problem having Park Merced scheduled on that day.  That made my life easy.

Commissioner Borden:

I would like to request an update on the market and Octavia Plan.  I am not sure when that is going to be scheduled.

Commissioner Olague:

I would kind of like to hear that.  I know I have not had an opportunity to speak with Commissioner Miguel about this.  We had a sustainable strategy discussion scheduled for January 27.  I would not mind having a little bit of the information about Market and Octavia ahead of that discussion.  I was actually going to request at some point that rather than hear the discussion on the 27th, that we move it over to February.  I wonder if we can possibly move that up to February 10.

Commissioner Miguel:

I will say, tentatively, one of the concerns is that we might, given Commissioner Borden’s request that we might want to move that to the 10th.  If so, we might not want to have other major projects on the agenda that day.

Commissioner Olague:

[Maybe] later in February – the 17th or the 24th.

Commission Secretary Ionin:

Ironically, the calendars are already getting quite awful for the first quarter.  We will see what we can do.

Commissioner Olague:

We can move Market and Octavia on the 27th.  I know we cannot move things up once they are scheduled, but I think the 27th is pretty crowded.  The 24th is pretty light, so maybe the 24th could work for Sustainable Community Strategies discussion.  It deals with transit oriented development, etc.  I would like to have that conversation proceed.

Commissioner Antonini:

Just for discussion purposes, we do have a calendar for the year, but we are not going to take that up today.

 

Commissioner Miguel:

It is not on the agenda.  It is strictly a draft.

Commissioner Antonini:

Unless I here otherwise, the dates on the calendar will be … - I have a couple of things:  I thank staff for as always, the excellent Commerce and Industry Report from 2009.  There is good news and bad news.  The good news is that San Francisco in 2009 was the only county in the Bay Area to grow both in population and also the number of residents employed in the Bay Area labor force, which is good.  In fact, our increase in unemployment was the lowest of any of the counties.  But the bad news is as many of you have heard, is that we have lost a lot of employees from state compensation.  We lost the entire operation.

I did have the occasion to talk to people over the break, both employees and employers, about the things that most drive businesses away or keep businesses from coming here.  Some of these are beyond our scope.  They obviously talked about cost factors and the extraordinary fees and policies that cost businesses a lot more to operate in San Francisco than in other counties.  A lot of individual people talk about non-elective public school assignments outside of one neighborhood, and that could be dealt [with] in other areas, but they are not land-use assignments.  There could be changes of that coming up.  On thing they did talk about was the general appearance of the City.  I am glad to hear that the Better Street policy is coming up. The graffiti and litter and things that have to be dealt with more severely, but I think, to be able to eliminate that -- certainly, the greening of San Francisco and the college on a number of the streets helps to take some of the harsh edge off. It is a little troubling to walk around sometimes. But they also brought up the lack of middle sized housing, particularly adequate sized middle-class housing.  I think that is something we will be addressing in the Housing Element, making sure we pay attention to what you hear time and time again from people who are beginning to raise families and have to leave San Francisco because they cannot find not just a affordable, but any kind of housing that fits their needs.  Those are some issues that will be coming up.

The other thing I wanted to mention briefly was about a fellow that passed away during the time we were on break. His name was Mike Gregotti. He had a heart attack. He was the basketball coach at Lincoln High School.  The thing that was particularly nice about Mike is two things. He grew up in the Epiphany Parish in Excelsior, but stayed here, raised his family here, and did not go off to the suburbs. Most importantly, he pursued his avocation, which was the coaching of high school basketball, he helped so many kids. The whole Lincoln High School team was at the remembrance.

Commissioner Fong:

I want to wish everyone a Happy New Year, and I wanted to share my congratulations with our Mayor, Mayor Lee.  It is a great opportunity for Mayor Lee.  I want to call him Ed.  He is a capable man with great integrity and will be great for San Francisco.  With the America's Cup, our waterfront has an opportunity to showcase itself. The project has not come before this Commission yet, but the work the community has done with the public program along Jefferson Street is fantastic. If there is any way to look at accelerating that plan with the America's Cup deadline looming, it would be a great opportunity for San Francisco to showcase some great streets to the world.

Commissioner Olague:

I wanted to also congratulate Mayor Lee. Having our first Asian Mayor in San Francisco is very exciting.  During his acceptance speech, he mentioned that he was progressive before the word progressive was coined. I think that is true. He was a longtime attorney at the Asian Law Caucus. I have no doubt that he will help the entire City. I am excited about having the opportunity to work with him. One thing I forgot to mention earlier is the local hiring ordinance that was passed by the Board. Is that going to affect the language in some of our conditional uses in some of our permittings? I guess that is something I was wondering how that is going to have an impact on some of the decisions we make here and the language of that.

Director Rahaim:

            I believed it had to do with construction projects, but I will confirm that and get back to you.

Commissioner Borden:  

 I have one question I forgot to ask. It is my understanding new Governor Brown's budget will be cutting out tax increment financing in development areas. I would love to have someone from the Redevelopment Agency or the Mayor's Office of Housing discuss how that would impact
our house and developments here, and our job growth and some of those empowerment jobs --  empowerment zones such as Bayview Hunters Point. It would be nice to raise public awareness about the implications if we can mount a successful campaign to do whatever is needed to be done to meet that aspect, if it is indeed counter to what we have been trying to accomplish.

Commissioner Moore:

I would like to add my voice to welcome our new Mayor. It will be wonderful to work together, particularly with someone who has as much experience as he has in the City. I would also like to welcome the Supervisor who will be sitting on the Land Use Committee, an important bridge to our work, Supervisors Mar and Weiner.  I am excited to meet them.

Commissioner Sugaya:

I would like to note Supervisor Mar is the Chair of that Committee. I do not have much more to add, but to the Director, congratulations on some new glasses. [Laughter]

Commissioner Miguel:

Obviously, I extend my congratulations also.  I have already congratulated the Supervisors individually. I have not had the chance to do so with our new Mayor, although I have had the pleasure of working with him in several capacities over the years. I am not sure that people understand, following on Commissioner Olague's comment, how active and progressive he was in San Francisco. The other thing, following on Commissioner Borden's request regarding the Presidio - that is a very controversial issue. I, through a couple of organizations, have been involved in Presidio matters for over 20 years now, and there are two major groups in addition to the Presidio Trust that should be invited to that hearing so that we do not have a one-sided presentation, which is the way it normally has come out with the Trust when it is invited somewhere. One would be the Presidio Historical Society. The other would be the Neighborhood Association for Presidio Planning, which is a group of neighborhood associations that touch the Presidio which have been meeting at least monthly since before the army closed down. It is a longstanding group of neighborhood associations. They should be included in any hearing on the parade grounds, lodge, etc.

Commissioner Moore:  

I want to share with you an observation about the transformative values of redoing trees.
I always hated to drive down a particular street. It was a street I avoided at all costs. But last night, I drove down Divisadero and it was late at night when you don’t want to go there, but it was beautiful. It is one of the streets that has good pavement. The lighting, the landscape -- it pulls together the street as a space. It is remarkable. I want us to remember that as we move into our discussion of our Better Streets Plan. I think it is a wonderful and it is simple. I hope it will be one of many to come.

 

D.         DIRECTOR’S REPORT

 

5.         Director’s Announcements

 

Director Rahaim:

Let me add my thanks to all of you for getting through another year last year.  Happy New Year to all of you.  I look forward to an interesting new year.  We have a full year ahead of us, as is already showing up on our calendars.  A couple of things:  over the last few weeks, as President Miguel mentioned, staff has briefed three of the four new supervisors.  Supervisor Kim had to be rescheduled.  It included Senior Managers and the Zoning Administrator and the Director of Legislative Affairs.  It was a good overview of what the Department does, the Planning Commission does, and what the Historic Preservation Commission does.  It was useful to hear from them what their concerns were, and what they know and do not know about our work.  I hope this is the opening of a good dialogue with the new supervisors.  As you know, we are entering budget season next week.  We have a memo in yor packet that will help you today – the first of a series of budget briefings.  The good news, I think at this point, is that this will be the first time in three years that we will not have to consider layoffs.  I hope that sticks over the next few months as the budget moves forward.  Many of you mentioned the America’s Cup.  We are gearing up very quickly, working with the Office of Economic Development and the Port and the Department of Public Works.  They will all play a role in this in terms of creating facilities and properties.  We are part of that interdepartmental team.  Our primary role is the EIR, but will also be playing a role with respect to preservation issues.  Many of the piers are historic resources.  With respect to improvements to streets and the public realm, that is an important part of it, especially given the new plan where there will be separation of the piers used for the event.  The connections will be an important part of how we plan for the event.  The last thing:  I wanted to mention briefly, related to the Presidio, that we will ask the Trust to come back with the other organizations you mentioned.  Many of you might recall, …  I believe that will count as part of the original plan that you saw.  I do not believe they have proposed changes to that master plan.

           

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

 

LAND USE COMMITTEE:

AnMarie Rodgers:

There was a lot of excitement. I will let you read the papers for that. There was a Land Use Committee hearing. They did hear an ordinance sponsored by Supervisor Dufty that would allow neighborhood banners to be posted on lampposts along Market Street. The Committee began deliberations on the ordinance in advance of the recommendation from the Historic Preservation Commission at the end of the legislative session. The Committee moved the legislation forward without recommendation while waiting for the HPC. The HPC did recommend modifications, such as a fastener that is reversible and will not damage the historic landmark. That also recommended modifications to specify the procedure for how banners may come before them for a certificate of appropriateness consideration. That ordinance was amended to take into account the Historic Preservation Commission recommendations. This week, it was adopted on its final reading.

At the Full BOARD OF SUPERVISORS:

Also on Tuesday, the Board heard a CEQA appeal for 10 Lundy's Lane, for a single-family dwelling in normal heights -- Bernal Heights. The appeal was to rebuild two rear walls originally built in the 1970's. They found the permit to be categorically exempt from CEQA review. Even though they are correct that the building was a category D potential resource, the work in question was restricted to rebuilding rear walls on a non- historic addition that was less than 50 years old. That was approved for the CADEX.  The CEQA determination was unanimously upheld 11-0. It would amend the house an ordinance to add a new alternative in the market to save your plan area. You'll remember the planned dedication we had in Eastern Neighborhoods. That came before Market Octavia was adopted. This would add this as a possibility in Market and Octavia in lieu of a fee. Also introduced was an amendment to the NC-3 District to require active commercial uses for some properties within the Supervisor's District.

There were two ordinances introduced, both of which you have considered in full before. The first one I know you have. It is changes to the Market Octavia plan. The ordinance would include some parts that were inadvertently excluded from the zoning map having to do with the Western Addition Area. The staff has checked this. You passed the zoning amendment exactly the way it is included in this revision ordinance. We will just recommend that since you have already made this recommendation, we will recommend to the board that they act on this correction. The second one -- we still need to confirm that you have considered this completely. The second one is an ordinance introduced by Supervisor Maxwell that would provide a waiver criterion for affordable housing. You considered this with the Visitation Valley Plan Amendments will make sure it is exactly the same as what you considered that time. If it is, we will recommend we not have another rehearing on this since it is the same as your earlier recommendation. The other two ordinances will be before you in 90 days, per our usual process.

Commissioner Antonini:

Ms. Rogers, thank you for your report. I have a question on the path of gold. Some years ago, I made inquiries about the possibility of putting American flags along there. I think I was told at that time that the flags could only be hung during a parade, before and after the parade for a period of time. I am not sure if the ordinance or body of law has changed, but I would like to hear if that is any different.

AnMarie Rodgers:

The law previous to this new ordinance did require exactly as you stated, only temporary banners having to do with an event. This would allow longer banners and if they pertain to neighborhood -- pertain to a neighborhood resource. People would be referred to the HPC for appropriateness, but they would be allowed to stay for a longer period of time.

 

BOARD OF APPEALS:

Scott Sanchez, Zoning Administrator:

The Board did one thing this Commission might find interesting:  an appeal of a building application that was not before this body as a DR.  It had gotten a Section 311 notice.  It was a modification to the existing fourth floor at the rear of the building, very sensitively designed from the adjacent side property.  The appellant was in an existing legal non-complying building which a box on the south street side.  They are within about 20 feet of this rear addition.  Both the addition and the proposed deck were set back 5 feet from the side property line.  The Board felt this was an appropriate design and unanimously upheld the permit.

 

HISTORIC PRESERVATION COMMISSION:

            No report

 

7.                                                                                             (M. LUELLEN: (415) 558-6478)

            ACTION PLAN UPDATE INFORMATIONAL PRESENTATION - Planning Staff will highlight the accomplishments of the Action Plan (2008-2010) and present the Revised Development Review Process and Conditions of Approval work.

 

SPEAKERS:     None

ACTION:           Informational and discussion only – no action

 

8.         2006.0431C                                                                  (A. HOLLISTER: (415) 575-9078)

1080 SUTTER STREET - as specified in the Conditions of Approval, the Planning Commission shall review the design modification to the building's facade. The Conditional Use Authorization was approved by the Planning Commission on December 10, 2009.

 

SPEAKERS:     None

ACTION:           review only – no action

 

E.         GENERAL PUBLIC COMMENT – 15 MINUTES

 

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items.  With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting.  Each member of the public may address the Commission for up to three minutes.

 

F.            REGULAR CALENDAR 

 

9.         2010.0756T                                                                    (A. RODGERS: (415) 558-6395)

Ordinance amending Planning Code Sections 124, 132.2, 144, 145, 145.1, 145.5, 150, 151.1, 155, 161, 186, 209.8, 210.3, 212, 231, 243, 253, 253.3, and repealing Sections 175.1, 175.2, 175.3, 175.4, 175.5, and 249.26, to create comprehensive and consistent street frontage controls.  Ordinance proposed by Supervisor Mirkarimi to create comprehensive and consistent street frontage controls for residential districts, to create consistent ground floor controls for industrial districts, to permit certain small corner commercial uses in RM-3 and RM-4 districts, to modify floor area ration controls in the Van Ness SUD, to modify conditional use authorization requirements for buildings over 40 feet in RM and RC districts, to amend the procedure for certain exceptions from off-street parking and loading requirements, and to permit parking and loading exceptions to preserve historic buildings and trees.

Preliminary Recommendation: Approval with Modifications

(Continued from Regular Meeting of December 9, 2010)

 

SPEAKERS:     None

ACTION:           Approved

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

RESOLUTION:   18250

 

10.        2010.1059T                                                                            (A. STARR: (415) 558-6362)

Upper Fillmore Neighborhood Commercial District - The Planning Commission will consider a proposed Ordinance [BF 101309] amending the San Francisco Planning Code by amending Section 718.1 and Sections 718.42, 718.44, and 718.69A of the Zoning Control Table to allow new full-service restaurants, small self-service restaurants, and self-service specialty food establishments with conditional use authorization and to amend Section 718.41 and add a specific provision for full-service restaurants to allow a bar in conjunction with a full-service restaurant with conditional use authorization; adopting findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval with Modifications

 

SPEAKERS:     Paul Wermer

ACTION:           Approved

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

ABSENT:          Olague

RESOLUTION:   18251

 

11.        2005.0869E                                                                          (J. POLING: (415) 575-9072)

121 GOLDEN GATE AVENUE - south side of Golden Gate Avenue between Jones and Leavenworth Streets; Lot 001 in Assessor’s Block 0349 - Public Hearing on the Draft Environmental Impact Report. The proposed project includes the demolition of a 2-story 42,468 sq. ft. building containing dining hall/philanthropic uses, and the construction of a 10-story, 109,375 sq. ft. building that would replace and expand the dining hall/philanthropic uses and add 90 affordable senior housing units. During project construction, the dining hall uses would operate at 150 Golden Gate Avenue. No off-street parking exists or is proposed. The existing building, constructed in 1912, is a contributor to the Uptown Tenderloin National Register Historic District and is individually eligible for listing on the National Register of Historic Places and the California Register of Historical Resources. The 14,156 sq. ft. project site is located in an RC-4 zoning district, an 80-120-T height and bulk district, and the North of Market Residential Special Use District, Subarea No. 1. The project would require conditional use authorization for construction of a building exceeding a height of 40 feet and for elimination of off-street parking requirements; exception to setback, rear yard, and bulk requirements, and for the establishment of a social service or philanthropic facility above the ground floor; and a variance for off-street loading. Written comments will be accepted at the Planning Department until 5:00 p.m. on January 22, 2011.

Preliminary Recommendation: No Action Required

 

SPEAKERS:     None

ACTION:           Public hearing on Draft EIR – no action

 

12.        2010.1009C                                                                           (S.Young: (415) 558-6346)

1971 FILLMORE STREET - southwest corner of Fillmore and Pine Streets; Lot 001 in Assessor’s Block 0659 - Request for Conditional Use Authorization pursuant to Planning Code Sections 703.4, 303(c), and 303(i) to establish a Formula Retail Use within the Upper Fillmore Street Neighborhood Commercial District (NCD) and a 40-X Height and Bulk District.  The proposal is to convert a vacant approximately 2,400 square feet retail sales establishment (previously occupied by "Shu Uemera") to another retail sales establishment (dba Kiehl's, a retail store specializing in skin and hair care products).  The proposal will allow the existing Kiehl’s retail store at 2360 Fillmore Street to relocate to the project site within the Upper Fillmore Street NCD. 

Preliminary Recommendation:  Approval with Conditions

 

SPEAKERS:     None

ACTION:           Approved

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

MOTION:           18252

 

13.        2010.0513C                                                                  (A. HOLLISTER: (415) 575-9078)

473 BROADWAY - south side between Kearny and Montgomery Streets, Lot 029 in Assessor’s Block 0163 - Request for Conditional Use Authorization to amend Planning Commission Motion No. 16193 for Case No. 2001.0262C to allow electronically amplified music between 12 AM and 2 AM for a bar use (dba Monroe).  No physical expansion of the existing building is proposed.  This site is within the Broadway Neighborhood Commercial Use District and a 65-A-1 Height and Bulk District.

Preliminary Recommendation:  Approval with Conditions

 

SPEAKERS:     None

ACTION:           Approved as modified to end the amplified music at 1:30 a.m. the first year and allow it to end at 1:45 a.m. after a year

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

RESOLUTION:   18253

 

14a.      2010.0003CV                                                                           (K. GUY: (415) 558-6163)

519 ELLIS STREET/430 EDDY STREETsouth side between Hyde and Leavenworth Streets; Lot 028 in Assessor's Block 0334; and, 430 EDDY STREET - north side  between Hyde and Leavenworth Streets; Lot 008 in Assessor’s Block 0334 - Request for an amendment to the conditions of approval for two previously approved Conditional Use authorizations, pursuant to Planning Code Section 303, to amend the performance period for an additional three years for two previously approved companion projects to demolish two existing surface parking lots and construct two five-story buildings containing a total of 46 affordable dwelling units for senior citizens. The subject properties are within the RC-4 (Residential-Commercial Combined, High Density) Zoning District, the 80-T Height and Bulk District, and the North of Market Residential Special Use District.

Preliminary Recommendation:  Approval with Conditions

 

SPEAKERS:     Randy Shaw, Robert, and Isabella Marshall

ACTION:           Following testimony, the commission passed a motion of intent to disapprove and make findings.  Final action is scheduled on 2/17/11.  The public hearing is closed.

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

NAYES:            Antonini

 

14b.      2010.0003CV                                                                           (K. GUY: (415) 558-6163)

519 ELLIS STREET/430 EDDY STREET - south side between Hyde and Leavenworth Streets; Lot 028 in Assessor's Block 0334; and, 430 EDDY STREET - north side  between Hyde and Leavenworth Streets; Lot 008 in Assessor’s Block 0334 - Request for an amendment to the conditions of approval for two previously granted Variances, pursuant to Planning Code Section 305, to amend the performance period for an additional three years for two previously approved companion projects to demolish two existing surface parking lots and construct two five-story buildings containing a total of 46 affordable dwelling units for senior citizens. The subject properties are within the RC-4 (Residential-Commercial Combined, High Density) Zoning District, the 80-T Height and Bulk District, and the North of Market Residential Special Use District.

 

SPEAKERS:     Same as those listed for item 14a

ACTION:           Following testimony, the Zoning Administrator closed the public hearing and indicated his intent to deny the request

 

15a.      2009.1170DDDV                                                                     (A. STARR: (415) 558-6362)

35 LLOYD STREET (AKA 37-39 LLOYD STREET) - south side between Castro and Scott Streets, Lot 035 in Assessor’s Block 1260 - Requests for Discretionary Review of Building Permit Application No. 2010.05.12.2282 proposing to construct a new four-story, two-unit building on a vacant lot in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

Staff Analysis:  Full Discretionary Review

                        Preliminary Recommendation:  Do not take Discretionary Review and approve as                                    revised.

(Continued from Regular Meeting of October 14, 2010)

NOTE: On October 14, 2010, following public testimony, the Commission continued this item to 12/2/10 by a vote of (+6 -0).  Public hearing remains open.

            (Continued from Regular Meeting of December 2, 2010)

 

SPEAKERS:     Robert DeNunzio, Susan Miller, Dennis Turner, Chris Volkest, Ann Telthorst, Kevin Ho, Doug Thoragood, Ed Deleski, William Robledo, Pat Walters, Kelson Herman, Keith R. Potter, Lynne Brei, Julius Turman, Shane Mayer, Steve Brown, Will Ajoy, Ben Lewis, L. Michael Costa, All Simball, Kenneth Catterlin, F. Joseph Butler, and Lou Fischer

ACTION:           The commission took DR and approved shifting the project east

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

NAYES:            Antonini

DRA No:           0183

 

15b.      2009.1170DDDV                                                                  (A. STARR: (415) 558-6362)

                        35 LLOYD STREET (AKA 37-39 LLOYD STREET) - south side between Castro and Scott Streets, Lot 035 in Assessor’s Block 1260 - Request for a rear yard variance pursuant to Section 134 of the Planning Code to construct a new four-story, two-unit building on a vacant lot with a non-complying 20’ wide, 2-story portion at the rear of the building that would extend 12’ into the required rear yard in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District. 

(Continued from Regular Meeting of October 14, 2010)

NOTE: On October 14, 2010, following public testimony, the Zoning Administrator continued this item to 12/2/10 by a vote of (+6 -0).  Public hearing remains open.

            (Continued from Regular Meeting of December 2, 2010)

 

SPEAKERS:     Same as those listed for item 15a

ACTION:           The Zoning Administrator closed the public hearing and granted the variance

 

16.        2009.1162DD                                                                      (E. WATTY: (415) 558-6620)

456 URBANO DRIVE – west side between Alviso and Moncada Way; Lot 010 in Assessor’s Block 6916 - Requests for Discretionary Review of Building Permit Application No. 2010.07.26.7410, proposing to legalize several as-built conditions, which deviate from the approved plans (Case No. 2007.0448DDDV), including but not limited to the height of the vertical addition, size of the front deck, window pattern, roofline alterations, banding details, and chimney size and materials of the existing one-unit detached residential building within the RH-1(D) [Residential, House, One-Family (Detached)] Zoning District and 40-X Height and Bulk District.

                        Staff Analysis:  Full Discretionary Review

                        Preliminary Recommendation:  Take Discretionary Review and disapprove.

 

SPEAKERS:     Norman Mannier

ACTION:           The commission took DR and disapproved the project

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

DRA No:           0184

 

17.        2010.0434DDD                                                                             (B. FU: (415) 558-6613)

3418 26TH STREET  - north side, between Bartlett and Mission Streets; Lot 034 in Assessor's Block 6529, Requested Discretionary Review of Building Permit Application No. 2007.06.20.4573 proposing construction of a new, 18,000-square-foot, 55-foot-high, five-story building with eleven dwelling units and six off-street parking spaces in a RTO-M (Residential Transit Oriented-Mission) District with a 55-X Height and Bulk Designation

                        Staff Analysis:  Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve Project as Revised.

 

SPEAKERS:     Richard Rodriguez, John Gavin, Stephen Finnigan, Joe Drennan, Andrew Dunbar

ACTION:           The commission took DR and required the project sponsor to adhere to the agreement

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

NAYES:            Sugaya

DRA No:           0185

 

6:00 PM

 

   (J. SWITZKY: (415) 575-6815)

18.        PARK MERCED MIXED-USE PROJECT OVERVIEW AND DEVELOPMENT AGREEMENT – INFORMATIONAL ONLY - Parkmerced is generally bounded by 19th Avenue to the east, Lake Merced Boulevard to the west, Holloway Avenue to the north, and Stanley Boulevard to the south.  The proposed project includes those lots owned by Parkmerced Investors, LLC, and includes Assessor’s Blocks 7303, 7303A, 7308-311, 7314, 7316, 7319-26, 7330-45, 7333 A-B, 7333E & 7353-7373.  Parkmerced is a rental housing complex constructed between 1941-1951 consisting of approximately 3,200 existing residential units and owned by Parkmerced Investors, LLC.  This is an Informational Hearing to provide an overview of the proposed project components and draft Development Agreement. Specific topics to be discussed at this session include an Economic Feasibility and Fiscal Impact Analysis of the proposed project. The project, which would be implemented over 20-30 years in multiple phases, includes the addition of approximately 5,700 net new residential units, the demolition and replacement of approximately 1,800 existing units which would remain subject to the San Francisco Rent Stabilization Ordinance, rent-protections and relocation rights for existing tenants, re-alignment and re-design of streets and blocks, re-alignment and improvement of the M Ocean View light rail line, the addition of new neighborhood serving retail and office space, new and re-configured public open spaces including neighborhood parks, pedestrian and bike paths, athletic fields, a new organic farm, and community gardens, overall transportation improvements, ecological hydrology improvements, and provision of renewable energy and water infrastructure. The draft Development Agreement would become the binding legal contract between the City and the Developer and would memorialize all of the public benefits and obligations of the Developer and associated agreements between both parties toward implementation of the Project.

Preliminary Recommendation: No Action Requested.  Informational Discussion Only

 

SPEAKERS:     Julian P. Lagos, John Jweinat, Bernard Choden, Elizabeth Rainieri, David Meckel, Vivian Mezger, Melanie Liszka, Crystal Guillory, Nelly Delgado, Michael Vezzmi, Cathy  Lentz, Ben Vignerie, Dina Lynn, Healani Ting, Terence Faulkner, Tom Baumgartner, Jim Cook, Rodolfo Mora, Tony Zhang, Carrfol Koppel, Vince Bordi, Joel Koppel, Jeanne D’Arcy, Elizabeth Keith, Maria Elena Guerrero Enger, Mary Ann Miller, Aaron Goodman, Arne Larsen, Rose Hillson, Cynthia Servetnick, Hiroshi Fukuda, Tim Colen, Stephen Heide, Nancy Patel, and Eric Brooks,

ACTION:           Informational only – no action

 

19.        2008.0021EPMTZW                                                             (J. SWITZKY: (415) 575-6815)

INITIATE PLANNING CODE, ZONING MAP, AND GENERAL PLAN AMENDMENTS AS PART OF PARKMERCED’S DEVELOPMENT PROJECT - Pursuant to Planning Code Section 302, the Commission will consider a Resolution of Intention to initiate amendments to the Planning Code, Zoning Maps, and General Plan. The Amendments are related to the Parkmerced Development Project, which is generally bounded by Lake Merced Boulevard to the west, Brotherhood Way to the south, Junipero Serra Boulevard, Felix Avenue, Cambon Drive, and 19th Avenue to the east, and Holloway Avenue, Varela Avenue, Serrano Drive, Font Boulevard, Pinto Avenue, and Vidal Drive to the north (Assessor’s Block/Lots 7303-001, 7303-A-001, 7308-001, 7309-001, 7309-A-001, 7310-001, 7311-001, 7315-001, 7316-001, 7317-001, 7318-001, 7319-001, 7320-003, 7321-001, 7322-001, 7323-001, 7325-001, 7326-001, 7330-001, 7331-004, 7332-004, 7333-001, 7333-003, 7333-A-001, 7333-B-001, 7333-C-001, 7333-D-001, 7333-E-001, 7334-001, 7335-001, 7336-001, 7337-001, 7338-001, 7339-001, 7340-001, 7341-001, 7342-001, 7343-001, 7344-001, 7345-001, 7345-A-001, 7345-B-001, 7345-C-001, 7356-001, 7357-001, 7358-001, 7359-001, 7360-001, 7361-001, 7362-001, 7363-001, 7364-001, 7365-001, 7366-001, 7367-001, 7368-001, 7369-001, and 7370-001) – Request for Planning Code Text Amendments to: (1) create Planning Code Section 249.64, the “Parkmerced Special Use District” (PMSUD), which would establish specific use categories that include residential, mixed-use, school, community, and open space districts; height and bulk restrictions, parking, car-share, bicycle-parking requirements; establish a design review process for the phased development plan; and allow for the demolition and replacement of 1,538 rent-controlled dwelling units; (2) amend Code Sections 102.5 and 201 to include the Parkmerced Zoning Districts; and (3) amend Code Section 270 (Bulk Limits) to create a new Bulk District for the proposed “Parkmerced Special Use District”. Request for Planning Code Map Amendments: to (1) amend Zoning Map ZN13 to delete references to existing zoning within the project site and to refer to the proposed new “Parkmerced Special Use District” zoning districts (PM-R, PM-MU1, PM-MU2, PM-S, PM-CF, and PM-OS); (2) amend Zoning Map SU13 to designate the project site as the proposed new “Parkmerced Special Use District”; and (3) amend Zoning Map HT13 to reclassify the height limits within the project site according to the proposed project. Request for General Plan Amendment to amend the Urban Design Element Height Map (Map 4) to reflect the proposed height restrictions as described in the proposed development program.

Preliminary Recommendation: Approve a draft Resolution to initiate amendments to the Planning Code, Zoning Maps, and General Plan and schedule a public hearing to consider the amendments.

(Continued from Special Meeting of December 16, 2010)

 

SPEAKERS:     Same as those listed for item 18.

ACTION:           Following a failed motion to continue this item to 2/10/11, the commission approved initiation

AYES:              Antonini, Borden, Fong, and Miguel

NAYES:            Moore, Sugaya, and Olague

RESOLUTION:   18255

 

G.         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))

 

Adjournment:    11:45 p.m.

 

Adopted:          April 21, 2011

 

Last updated: 4/25/2011 9:35:57 AM