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City and County of San Francisco

July 21, 2011

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, July 21, 2011

12:00 PM

Regular Meeting

 

COMMISSIONER PRESENT: Miguel, Antonini, Borden, Moore, Sugaya

COMMISSIONER ABSENT:    Fong, Olague

 

THE MEETING WAS CALLED TO ORDER BY VICE-PRESIDENT MIGUEL AT 12:10 PM

 

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Scott Sanchez – Zoning Administrator, Steve Wertheim, Glen Cabreros, Nannie Turrell, Jonas Ionin – Acting Commission Secretary

 

A.                  CLOSED SESSION:

 

1.         Public Comments on Matters to be discussed in Closed Session.

 

2.                   Consider Adoption of Motion on Whether to Assert the Attorney-Client Privilege Regarding the Matters Listed Below as Conference With Legal Counsel. (San Francisco Administrative Code Section 67.10(d).) 

 

            SPEAKERS:     None

            ACTION:           Adopted

            AYES:              Miguel, Antonini, Borden, Moore, Sugaya

            ABSENT:          Fong, Olague

 

THE PLANNING COMMISSION WILL GO INTO CLOSED SESSION TO DISCUSS THE FOLLOWING:

 

3.         Conference with Legal Counsel - Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d) to discuss pending litigation and consideration of pursuing settlement in Metro Fuel LLC v. City and County of San Francisco et al., United States District Court Case No. C07-6067 PJH, which was filed November 30, 2007; Metro Fuel also filed a notice of appeal on April 19, 2011, which is pending before the United States Ninth Circuit Court of Appeals, Case No. 11-15966; and to discuss potential litigation against Metro Fuel LLC, with the City as plaintiff pursuant to California Government Code Section 54956.9(c) and San Francisco Administrative Code Section 67.10(d).   (Kate Stacy and Tom Lakritz)

 

           

 

FOLLOWING THE CLOSED SESSION, THE PLANNING COMMISSION WILL RECONVENE IN OPEN SESSION.

 

3.                   The Planning Commission will make an announcement following Closed Session and will consider a motion regarding whether to disclose the discussions during Closed Session.

 

   SPEAKERS: Kate Stacey, Scott Sanchez, John Rahaim, Dan Sider

   ACTION:        No to disclose

   AYES:           Miguel, Antonini, Borden, Sugaya

   ABSENT:       Fong, Moore, Olague

 

B.                  COMMISSIONERS’ QUESTIONS AND MATTERS

 

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

 

5.         Consideration of Adoption:

 

·         Draft Minutes of Regular Meeting of July 7, 2011

   SPEAKERS: None

   ACTION:        Approved

   AYES:           Miguel, Antonini, Borden, Sugaya

   ABSENT:       Fong, Moore, Olague

 

6.         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.

 

Commissioners Antonini:

It is kind of a global question, and I certainly don’t expect a response today, I just want to ask the question, it comes under the umbrella of the discussion often have about families leaving San Francisco, about citizens often relocating out of San Francisco, and one of the complaints you hear about is, problem with quality enjoyment, persue it of happiness and safety predictable passage, and the other day there was a demonstration and there were a lot hooded individuals, it seems to be an unorganized demonstration and of-course there was a lot blockage of streets, blockage of transit and eventually destruction of property, which some arrests were made.

I guess some parades have to get a permit, some demonstrations have to get permit, and other demonstrations that are spontaneous do not, I wonder what the City policy is, as to when a permit is necessary and when a demonstration is disrupted and not terminated even if it is blocking people passage often time for emergency situation, and it would seem like one is right of passage, would take precedent over one is rights of expression, it has to be some to compete with each other, and I have a question in regards to the City’s policy when the permit is necessary.

Commissioner Sugaya:

I attended the opening ceremony for the Powell Street Park, down on Union Square between Union Square and the Cable Car turn around, there are aluminum design, my personal feeling is a huge maintenance issue, I know the Union Street Merchants have a maintenance fund, but, for example the flooring material is gray aluminum, and there are already cigarettes buds falling thorough there, and paper being caught in it, it going to be continually be maintained.  I think between the opening day and yesterday when I walked by, I believe some of the barriers that they erected were aluminum, they already bent, out of line.

Commissioner Miguel:

I would like today’s Commission hearing be adjourned in honor Anita Louise Avery, our Commission Secretary’s sister, her services were last Monday, John was there, Jonas was there and other members of the Department were there as well.

The other thing, in today’s Chronicle there was an article under health, and I actually caught a touch of one of the news show last night, regarding First Lady Michelle Obama campain against child obesity and the availability of healthy food, and while I mentioned Walmart, which we don’t have in San Francisco, and also they mentioned Walgreens, which we do have, with the statement Walgreens Co. a nationwide drug store chain, still refers to drug store, will convert or open a thousand stores in areas that need healthy choices over the next 5 years, this is something that we talked about here, Commissioner Moore and I, particularly, engaged at the moment, the definition of drug stores or food stores wherever they may be is something that will have to be dealt in the very immediate future.

Commissioner Moore:

The issue over affordable housing or the lack of it, is not only an US discussion, there is one being raised in China and other fast growing countries in Asia, I just came back from a conference in Vietnam which was attended by the Ministry of Housing, Ministry of Construction and Ministry of Communication, as for the first time since I’ve been doing work in that country for many years, the Ministry talked openly about the lack of affordable housing, at this moment in China, Beijing and Shanghai, only a third of the population in large cities like Beijing and Shanghai, can afford to buy apartments, which are being built very rapidly, in Vietnam is a huge notice, the lack of affordable housing, this is from countries that have centralized governance quiet different from our own, and they are saying the market is not providing enough affordable housing.  I like to share with you what they are trying to do, and again when you have a different form of government, which they definitely do, they are handling a little bit different, but they also lack the means to really bring that housing type to market.

 

C.         DIRECTOR’S REPORT

 

7.         Director’s Announcements

 

Director Rahaim:

I just want to bring to your attention, that we are doing an on-line survey about our public outreach and process, that will be live tomorrow, in our own web page, and will be up for about 3 weeks, this survey will be use to help us to better inform and involve the public in different efforts and projects of the Department. Primarily, the current practices develop a vision and goal around public outreach and engagement, and look it different ways in doing that part of our work.

Second thing I want to mention is, in your package today, you will be receiving a twenty-five year record of the Downtown Plan, the Downtown Plan was twenty five years old last year actually, it is essentially a compilation for our factual annual report that we do on the plan, it does compile all in one document and it is a very accurate document and staff would like to give a full report in the future, and we are looking at a date in October to have a public hearing on that report.

 

           

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

 

LAND USE COMMITTEE:

§         LAST WEEK Hearing - Regulations for Issuing Excavation Permit for the Installation of Surface-Mounted Facilities in the Public Rights-of-Way.  Supervisor Wiener’s Inquiry focused on DPW’s Surface-Mounted Facilities Work Order to see if it was consistent with the General Plan and Betters Streets Plan.  Staff informed the Committee that the Work Order was consistent and offered a strong set of guidelines but could be strengthened.  The BSP set in motion mechanisms for better coordination between agencies.  The City is improving on this front but coordination can always be improved.  Our suggestions for strengthening guidelines include:  1) adding sidewalk widenings as a way to accommodate surface-mounted utilities; 2) where appropriate use surface-mounted utility installations to help build improvements envisioned in the BSP; and 3) based on public testimony at the hearing staff could review minimum sidewalk widths to ensure the Work Order complies with BSP. While this hearing was Informational Only, the Committee seemed to suggest that City Agencies consider these items and seek coordination as early in the review process as possible.

§         Limited Live Performance.  Commissioners, you heard this item on July 7.  This Ordinance would to create a Limited Live Performance Permit for indoor locales whose primary function is not presentation of live performances.  At that time, you recommended approval with modifications. You requested that the Ordinance be amended to extend the opportunity for small-scale entertainment to be considered an accessory use in the SOMA Mixed Use Districts, the SOMA NCT, West Portal, and Pacific Avenue neighborhood commercial districts - districts in which entertainment is not currently permitted. In addition, you recommended that any restrictions on the visibility of entertainment from public rights-of-way be removed, as well as any requirement that doors and windows be closed while the accessory performances are underway.  At this week’s hearing Supervisor Mirkarimi indicated that he would incorporate all of your modifications, except one.  On the request of Supervisor Kim, he will amend the Ordinance so that it allows this entertainment use in the SoMa mixed Use Districts—but only in the areas not involved in the Western SoMa Community Planning Process.  There was some discussion of this issue as Supervisor Wiener agreed with the Commission recommendation to include all of the SoMa Mixed Use Districts, including Western SoMa. Also, under dis  In the end, the Committee made the modifications as requested by Supervisor Mirkarimi and Kim and the Ordinance was continued to next week as amended.

§         Inner, Outer Clement and Geary NC Controls.  Commissioners, you heard this item sponsored by Supervisor Mar on July 14, at that time you recommended approval with modifications.  This Ordinance would amend restaurant controls in Inner and Outer Clement so that the controls were “tipping” controls that could flip between “permitted” and conditionally permitted depending on concentration levels.  The Ordinance would exchange a prohibition on “large, fast food restaurants” on portions of Geary for a prohibition on Formula Retail restaurants in the same area.  It would also prohibit Formula Retail Pet Supply Stores; permit video stores; and allow a 5’ height bonus for active uses.  Due to ongoing CEQA analysis of this last component the Supervisor modified the legislation to remove the height bonus.  You recommended a few minor modifications and two substantial modifications.  First you recommended to replace the “tipping” controls with consistent controls that would permit one additional restaurant in the Inner Clement and then allow additional restaurants in both the Inner and Outer Clement by CU.  The Supervisor accommodated this request as it still is a relaxation from the existing controls. Second, you recommended to remove the prohibition on Formula Retail Pet Supply Stores. Although Supervisor Mar did not remove this prohibition, there was discussion of this at the Committee.  Supervisor Wiener agreed with your position.  After discussion, the Committee accepted Supervisor Mar’s modifications and continued the Ordinance to next week as amended.

RULES COMMITTEE:

LAST WEEK Hearing on Ballot Initiative on a Planning Code Amendment that would Prohibit the Demolition of Residential Buildings.  This hearing was last week.  At the hearing, our Director went over the mechanics of the proposed Initiative, technical issues, and potential policy implications.  The Director stated that as drafted, the Initiative appears to have a number of errors and inconsistencies.  He advised that this lack of clarity and precision could cause problems with the implementation of the Initiative and potential results that are different than those intended by voters.  Due to the fact that this item is scheduled to be put before the voters this Fall, neither the Department nor the Commission can take a position on this item.

 

FULL BOARD OF SUPERVISORS:

§         BUDGET.  This week the Board unanimously passed the City’s Budget.  This included not only our Department budget but also the trailing legislation for the associated fee updates.

§         BF 110277 Vintage Signs.  This week the Full Board considered Supervisor Campos’s Ordinance that would allow for more types of signs to be covered under the historic sign ordinance.  You heard this item on June 2 at which time you recommended approval with modifications.   Supervisor Campos incorporated your recommendations into the proposed legislation and chose the word “vintage” to replace the word “historic.”  The item, as amended, was passed on first reading Tuesday.

§         110627 General Plan Amendment - Community Safety Element.  This Ordinance added language to the Community Safety Element of the General Plan to reference the most recent Hazard Mitigation Plan. This amendment ensures the City and County of San Francisco will qualify for additional funding enabled through California Assembly Bill AB 2140, for certain disaster recovery projects.  This Commission had recommended approval of the Ordinance. This week the Board approved the Ordinances on first reading.

§         CEQA Cat Ex Appeal of AT&T's Lightspeed Project - After three continuances, the Board affirmed the Categorical Exemption for the AT&T Lightspeed project by a vote of 6 to 5 despite another motion for continuance in order to provide further review of AT&T's Memorandum of Understanding with DPW.  Some Supervisors continued to raise environmental concerns that the 726 proposed Lightspeed cabinets could result in project-specific and cumulative significant impacts and that an EIR was required. But ultimately it was non-CEQA-related commitments by AT&T that convinced the majority to vote to uphold the CEQA determination.  AT&T committed to additional public and district supervisor notification and involvement, above and beyond DPW's Surface Mounted Facilities Order requirements, among other items.

INTRODUCTIONS: 

  • Hearing Request on the recently published 2010-2011 Civil Grand Jury report entitled "The Parkmerced Vision: Government-By-Developer."  This item will be heard by the Government Audit and Oversight Committee.
  • 110845 [Zoning Map - Rezoning of 312 Connecticut Street] Sponsor: Cohen Ordinance amending Sheet No. ZN08 of the Zoning Map of the City and County of San Francisco to: 1) rezone Block No. 4035, Lot No. 003 (312 Connecticut Street) from RH-2 to NC-2; and 2) making 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. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee.
  • 110853 [Planning, Administrative Codes - Public Art Fee and Public Artwork Trust Fund] Sponsors: Mayor; Chiu Ordinance: 1) amending the San Francisco Planning Code, Section 429, to provide that developers currently required to spend 1% of construction costs for public artwork on any development project over 25,000 square feet located in a C-3 district have an option to contribute all or a portion of that Fee to a City fund dedicated to support public art; 2) amending the San Francisco Administrative Code by adding Section 10.200-29 to establish a Public Artwork Trust Fund, funded through contributions and Public Art Fees, for the creation, installation, exhibition, conservation, preservation, and restoration of temporary and permanent public art and capital improvements to nonprofit art facilities within the C-3 district to be administered and expended by the Arts Commission; and 3) making 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. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee.

 

Board of Appeals:

The Board of Appeals heard one item that would be of interest to the Commission - 1787 Union Street (dba The Brickhouse).  The subject project (outdoor patio front of a restaurant) was before the Planning Commission as a DR on January 20, 2011.  At this hearing the Commission unanimously approved the project with conditions, including limitations on seating, hours of operation and the number of doors that could remain open to the outdoor seating area.  The Board of Appeals heard the matter and believed that additional measures could be adopted to address neighbor concerns regarding noise.  The Board voted to continue the item to August 10, 2011, and directed the Permit Holder to investigate alternative methods for addressing the noise issues (including, but not limited to, changing the operation of the doors to the patio).

 

 

HISTORIC PRESERVATION COMMISSION:

Status report on the Golden Gate Park Landmark designation effort, as well as the proposed Duboce Park Landmarking Community meeting that was held by staff  the Duboce Park.

Two Certificates of Appropriateness, one on Telegraph Hill and one on Montgomery St. that was continued and another on Liberty Hill Historic District at 21st St. that was approved

 

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.

 

None

 

E.                  REGULAR CALENDAR 

 

            9.                                                                                                 (J. RAHAIM; (415) 558-6411)

            PLANNING COMMISSION RESPONSE TO GRAND JURY REPORT ON PARKMERCED - The San Francisco Civil Grand Jury issued a report on May 17, 2011 regarding the Parkmerced project containing a number of findings and recommendations. The Planning Commission is required to respond within 60 days to each finding and recommendation. In coordination with the Office of Workforce and Economic Development and the City Attorney's office, staff has drafted a response letter for the Commission's review.

Preliminary Recommendation: Approve the draft response letter to the Grand Jury

 

SPEAKERS:     None

ACTION:           Continued to 8/4/11

AYES:              Miguel, Borden, Moore, Sugaya

NAYES:            Antonini

ABSENT:          Fong, Olague

 

 

10.        2011.0559TZ                                                                    (S. WERTHEIM: (415) 558-6612)

DEPARTMENT-SPONSORED PLANNING CODE, ADMINISTRATIVE CODE, AND ZONING MAP AMENDMENTS RELATED TO EASTERN NEIGHBORHOODS - The Planning Commission will consider a Resolution to approve amendments to the Planning Code, Administrative Code, and Zoning Map. The amendments are intended to a) improve the City’s ability to implement the goals, objectives, and policies of the Eastern Neighborhoods Plan, b) make technical corrections to the Code, c) update land use tables in the Eastern Neighborhoods, d) clarify language for affordable housing tiers and the use of historic buildings in the UMU District, e) clarify permitted modifications for Large Project Authorizations in the Eastern Neighborhoods. Planning Code sections proposed for amendment include Sections 102.5, 121.8, 134, 135, 140, 145.1, 145.5, 151.1, 157.1, 175.8, 207.1, 218, 227, 231A, 249.36, 249.37, 249.38, 329, 352, 401, 411.3, 419.2, 419.5, 423.5, 607.2, 726, 734.1,  735.1, 736.1, 781.5, 803.3, 803.8, 803.9, 814.31, 814.49, 840, 841, 842, 843, 890.49, and 890.54.

Preliminary Recommendation: Approval of proposed Ordinance to the Board of Supervisors.

 

SPEAKERS:     None

ACTION:           Approved

AYES:              Miguel, Antonini, Borden,  Sugaya

ABSENT:          Fong, Moore, Olague

RESOLUTION:   18142

 

            11a.      2010.0501D                                                                  (G. CABREROS: (415) 558-6169)

3020 LAGUNA STREET - east side between Greenwich Street and Harris Place; Lot 029 in Assessor’s Block 0519 - Mandatory Discretionary Review, pursuant to Planning Code Section 317(d), of Demolition Permit Application No. 2010.09.27.1660, proposing to demolish a two-story, single-family residence within the RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District.

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Do not take Discretionary Review and approve

 

SPEAKERS:     None

ACTION:           Do not take DR

AYES:              Miguel, Antonini, Borden, Moore, Sugaya

ABSENT:          Fong, Olague

DRA:                0222

 

            11b.      2011.0541D                                                                  (G. CABREROS: (415) 558-6169)

3020 LAGUNA STREET - east side between Greenwich Street and Harris Place; Lot 029 in Assessor’s Block 0519  - Mandatory Discretionary Review, pursuant to Planning Code Section 317(d), of Building Permit Application No. 2010.09.27.1661, proposing to construct a new four-story, two-unit residential building within the RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District.

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Do not take Discretionary Review and approve

 

SPEAKERS:     None

ACTION:           Do not take DR

AYES:              Miguel, Antonini, Borden, Moore, Sugaya

ABSENT:          Fong, Olague

DRA:                0222

 

            11c.      2011.0541V                                                                  (G. CABREROS: (415) 558-6169)

3020 LAGUNA STREET - east side between Greenwich Street and Harris Place; Lot 029 in Assessor’s Block 0519 - Request for variances from the front setback, rear yard and dwelling unit exposure requirements, pursuant to Planning Code Sections 130, 134, 140 and 305, to allow new construction of a four-story, two-unit residential building within the RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District.

ZONING ADMINISTRATOR CLOSED PUBLIC HEARING WITH AN INTENT TO GRANT THE VARIANCE

 

            12.        2008.1342D                                                                                    (S. LAI: (415) 575-9087)

197 LAIDLEY STREET - northeast corner of Laidley and Fairmount Streets; Lot 012 in Assessor’s Block 6664 - Request for Discretionary Review of Building Permit Application No. 2008.12.11.8300, proposing to raise the height of the existing single-family home by 4 feet, 6 inches, to eliminate one off-street parking space and to construct a new roof deck at the rear.  This project necessitates a front-setback variance, which was heard on March 23, 2011, and will be continued to a future hearing. The property is located in a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District.

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Do not take Discretionary Review and approve

 

SPEAKERS:     Kathy Heller, Jan Roleio, Brian Lee, Tony Pantealeoni, Bob McCraffey

ACTION:           Do not take DR

AYES:              Miguel, Antonini, Borden, Sugaya

ABSENT:          Fong, Moore, Olague

DRA:                0223

 

3:00 P.M.

 

            13.        2007.0030E                                                                       (N. TURRELL: (415) 575-9047)

8 WASHINGTON STREET -  north side of Washington Street between The Embarcadero and Drumm Street; Assessor’s Block 168/Lot 58, Block 171/69, Block 201/Lot 12 and Seawall Lot 351, which includes Lot 13. - Public Hearing on the Draft Environmental Impact Report. The proposed project would include demolition of the existing health club facility, and the existing surface parking lot on Seawall Lot 351, and construction of two residential buildings south of the Jackson Street alignment that would contain approximately 165 residential units and range in height from 4 to 12 stories.  The residential buildings, underground parking for up to 420 parking spaces, retail and restaurant use, fitness center, common areas and service/core space would encompass approximately 575,000 gross square feet of space.  The project site is in the RC-4 (Residential/Commercial Combined: High Density) use district and the 84-E height and bulk district.

NOTE: Written comments will be accepted at the Planning Department until 5:00 p.m. on August 15, 2011.

Preliminary Recommendation: No Action Required

                       

 

SPEAKERS:     Jim Chappell, John Huang, Bob Iwersen, Tim Colen, Lee Radwer, Nan Roth, Nan McGuire, Veronica Sanchez, Frederick Allardyee, Irene Glassgold, Justin Altamano, Alfred E. Glassgold, Paul Aspin, James Joannides, Lisa Schreiber, Charles Dutkin, Bill Sauro, Alex Bash, William Hannan, Sally Tooley, Saraha Karlsinsky, Dave Stockdale, Jane Connors, Marvin Kasoff, Ernestine Waters Weisss, Kathleen Dooloy, Bob Planthold, Sue Hestor

ACTION:           Public Hearing, no action required

AYES:              Miguel, Antonini, Borden, Sugaya

ABSENT:          Fong, Moore, Olague

 

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))

 

Adjournment:  9:45 PM

 

Adopted: October 6, 2011

Last updated: 10/17/2011 3:22:46 PM