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November 17, 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, November 17, 2011

12:00 PM

Regular Meeting

 

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

COMMISSIONER ABSENT: Borden

 

THE MEETING WAS CALLED TO ORDER BY VICE PRESIDENT MIGUEL AT 12:25 p.m.

 

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Scott Sanchez – Zoning Administrator, Aaron Starr, Ben Fu, Sharon Young, Sharon Lai, Adrian Putra,  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.         2009.0156E                                                                         (J. BATTIS: (415) 575-9022) 

89 BELGRAVE AVENUE - south side between Stanyan and Shrader Streets; Lot 072 of Assessor’s Block 2688 - Appeal of Preliminary Mitigated Negative Declaration for the proposed project entailing 1) subdivision of an existing 7,500-square foot parcel into two lots, resulting in an approximately 4,200-sq ft lot with 42 feet of frontage along Belgrave Avenue containing an existing single-family residence, and a second undeveloped approximately 3,300-sq ft parcel with 33 feet of frontage along Belgrave Avenue to the west of the existing building; 2) enlarging an existing 2,270-sq ft residence by approximately 2,000 sq ft, resulting in an approximately 4,210-sq ft, approximately 37-foot-high building with two off-street parking spaces; and 3) construction of a new approximately 3,971-sq ft, 37-foot-high three-story-over two-car garage single-family residence. The project site is located within an RH-1(D) (Residential House, One-Family (Detached Dwelling)) District and a 40-X Height and Bulk District in the Haight-Ashbury neighborhood. The proposed project would require a variance from the minimum lot area requirements.

                        (Continued from Regular Meeting of October 6, 2011)

                        (Proposed for Continuance to January 12 February 9, 2012)

 

SPEAKERS:     None

ACTION:           Continued to February 9, 2012

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

ABSENT:          Borden

 

2.             2011.0471C                                                                                (K. Guy:  (415) 558-6163)

1111 CALIFORNIA STREET - southwest corner at Taylor Street, Lot 020 of Assessor’s Block 0253 - Request for Conditional Use Authorization to continue the existing nonconforming entertainment and assembly use of the "Nob Hill Masonic Center", and to continue operation of the existing food and beverage service uses within the Center, pursuant to Planning Code Sections 185(e) and 303, within the RM-4 (Residential, Mixed, High Density) District, the Nob Hill Special Use District, and the 65-A Height and Bulk District. No interior or exterior modifications, or changes in patron capacity of the existing facility, are requested as a part of this action.

                        Preliminary Recommendation: Approval with Conditions                                     

                        (Continued from Regular Meeting of October 27, 2011)

                        (Proposed for Continuance to January 19, 2012)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

ABSENT:          Borden

 

3a.        2010.0959CV                                                                     (D. SANCHEZ: (415) 575-9082)

147 SOUTH PARK AVENUE - south side between 3rd Street and Jack London Place, Lot 031 in Assessor’s Block 3775 - Request for Conditional Use Authorization under Planning Code Sections 814.13 and 303 to demolish an existing single family dwelling and construct as the replacement structure a four-story, two-unit multifamily dwelling with a ground floor commercial use identified as an eating establishment.   The proposal is within the South Park Zoning District with a 40-X Height and Bulk designation.

                            (Continued from Regular Meeting of October 6, 2011)

                        (Proposed for Continuance to January 19, 2012)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

ABSENT:          Borden

 

3b.       2010.0959CV                                                                     (D. SANCHEZ: (415) 575-9082)

147 SOUTH PARK AVENUE - south side between 3rd Street and Jack London Place, Lot 031 in Assessor’s Block 3775 - Request for Variance under Planning Code Sections 145.1 and 306 to provide a parking entrance of 16 feet, in excess of 1/3 of the lot width, at the rear of the lot as part of the four-story, two-unit multifamily replacement structure.   The proposal is within the South Park Zoning District with a 40-X Height and Bulk designation.

                        (Continued from Regular Meeting of October 6, 2011)

                        (Proposed for Continuance to January 19, 2012)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

ABSENT:          Borden

 

4.         2010. 1013D                                                                (G. CABREROS: (415) 558-6169)

7327 GEARY BOULEVARD - south side between 37th and 38th Avenues; Lot 038 in Assessor’s Block 1507 - Mandatory Discretionary Review pursuant to Planning Code Section 317(d) of Building Permit Application No. 2010.10.07.2476 proposing a major alteration, equivalent to a de facto residential demolition of a one-story-plus-attic, single-family residence resulting in a four-story, two-unit building within the RM-1 (Residential, Mixed, Low Density) Zoning District and 40-X Height and Bulk District.

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Do not take Discretionary Review and approve

(Proposed for Continuance to December 15, 2011)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

ABSENT:          Borden

 

 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

                                                                           

5.         2011.0256C                                                                         (A. PUTRA: (415) 575-9079)

98 WEST PORTAL AVENUE -  northwest corner of West Portal Avenue and Vicente Street; Lots 009 and 010 in Assessor’s Block 2931 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 729.83, and 303 to establish a new wireless telecommunication services (WTS) facility consisting of six panel antennas located on the rooftop of a financial service building with a Location Preference 6 (Wholly Commercial Structure within an Individual Neighborhood Commercial District), as part of the AT&T wireless telecommunications network in the West Portal Avenue Neighborhood Commercial District, and a 26-X Height and Bulk District. 

Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     None

ACTION:           Approved

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

ABSENT:          Borden

MOTION:           18496

 

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.

 

6.             Consideration of Adoption:

 

·         Draft Minutes of Regular Meeting of October 27, 2011

 

SPEAKERS:     None

ACTION:           Approved

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

ABSENT:          Borden

 

7.         Commission Comments/Questions

·         Inquiries/Announcements.  Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).

·         Future Meetings/Agendas.  At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.

 

Commissioner Antonini:

The other night I was fortunate enough to attend the opening of an exhibition which is at the Palace of the Legion of Honor featuring Vernini’s Medusa.  They had an incredible sculpture that had never come out of Italy until recently and we are fortunate enough to be at one of the two American Cities where this will be displayed. If you have not seen this, it would be nice to go and see it. But I think what we can learn is how great the architecture and sculpture and the design was during the Renaissance. We can learn some lessons on not to be critical of modern architecture.  If they can do those things with chisels centuries ago, we should be able to create beautiful things in this era as well. Hopefully, we can continue to move forward and see that we are supportive of the arts and also supportive of moving the City into another Renaissance. We have this from the early part of the 20th Century. It is important that we continue supporting art so we can create some nice things in San Francisco.

Commissioner Miguel:

Some interesting things this week: 1) there is a temporary stay on the AT&T Lightspeed Street Boxes.  This is by the Superior Court.  This was before us as an informational item awhile ago. I saw a presentation regarding the project that will be coming to us in the future, which was very interesting, on 134 housing units on Illinois and 22nd Streets, where the SF Opera has kept their equipment for many years. 2) I attended the Chinatown-Broadway Design Workshop in Chinatown last afternoon. It was fairly well attended. The Department did an excellent job. The presentation was in Cantonese, Mandarin and also in English. This is the design of the last three major blocks that are coming out of the tunnel and this looks very good. This will be an improvement in my estimation. 3) An interesting article referenced this morning that the San Francisco rental market is at its most crowded. This is since 1999. This is 3.2%, and then the cost of rental is up 9% in San Francisco. The projects that come before this Commission from the pipeline will speed itself up. There was a court decision, and I don't have all the details on this, but it is regarding the 8 Washington project, the court upheld the Port term sheets. There was a legal action filed against this.  4) The San Francisco Planning Code in 1944 was 12 pages.  We have three volumes now. By 1957 this was up to 60 pages. 42 pages in 1950, and by 1974 this was 134 pages. I don't have the count, presently, but this is into the many thousands of pages. This is just amazing when you look at History and how the City has changed and put things into their coats, and when I talk to people in other areas, we're cutting down more trees to put in coats than any City in the County.

Commissioner Moore:

It came to my attention that a City passed a very interesting and supportive ordinance to keep people from being evicted in the course of foreclosure. This is the first one in California, and the first one in the Country. At a time when cities have to deal with homelessness, this was very proactive and positive. This was done by the City of Merced

Commissioner Olague:

I have talked to some members of the African-American community.  We're waiting for Commissioner Borden to return from her leave to have a hearing on the migration of African-Americans.  This will be scheduled in February. We want this to coincide with Black History Month.

Commissioner Sugaya:

The latest issue of the San Francisco Times is carrying an article on the new condominium development at the foot of Howard Street. There is an existing garage.  This is interesting but it seems to imply that things are looking up a little bit.

 

D.         DIRECTOR’S REPORT

 

8.         Director’s Announcements

 

Director Rahaim:

I just want to report on the zoning conference in New York. This was unusually good. Basically, this was to give ideas to New York City on how to get along with the zoning changes. The City is growing at an incredible pace with 200,000 residents. The growth in New York is almost unprecedented. They are expected to be about 9 million soon. This was a very interesting topic because they looked at the zoning with speakers from the city, and in the afternoon they had speakers from other cities including Washington and London, to talk about future changes. This was very well organized and I was happy to be part of the discussion.  Following Commissioner Miguel and his comments about rental housing -- the actual project will move forward in the discussion, the largest of which is the Crescent Heights Development, which started construction a couple of weeks ago. This is a very large project. Behind that, there is the affordable housing that they are also moving ahead with. I would just like to remind the Commissioners that in light of the Thanksgiving Holidays the Department will be closed on Wednesday, Thursday and Friday. The office will be closed for three days next week.

 

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

 

BOARD OF SUPERVISORS:

No meeting this week

 

BOARD OF APPEALS:

The Board of Appeals considered a couple of items.  The first was regarding BOS sponsored legislation; the second was a violation of the penalty.  This is the appeal of the violation because they failed to continue with the violations of approval. The project did not require the units, so they raise some issues in the brief to the Board of Appeals regarding these allegations. The Board was very persuaded by the testimony.

 

HISTORIC PRESERVATION COMMISSION:

The Preservation Commission had a few items. The Architectural Review Committee heard 49 Julian and was impressed with the modifications made based on the prior suggestions. One of the commissioners thought this was sufficient, and that the project did not need to be modified any further. They did not agree on a further modification that there would require a further setback that would bring light to the smallest [north] window of the Drill court. They acknowledged that this was just a suggestion. The last item they took up the modifications from Supervisor Weiner regarding Articles 10 & 11. They were very upset that the Supervisor continued to make modifications and suggestions, but failed to appear before the Commission.  One commissioner was expressed this concern and was ready to table the whole thing until the Supervisor comes before the commission to make his case. They heard the modifications.  Some of them were acceptable and some were not. They have drafted their comments on modifications for you to consider before you take 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.

 

SPEAKERS:     Daniel Soto

                        Re: Wildlife Habitat should remain intact

                        Brad Paul

                        Re: Academy of Art University

                        Peter Cohen

                        Re: - Academy of Art University

                              - Noticing provisions

                        Sue Hestor

                        Re: CEQA process

 

 

F.            REGULAR CALENDAR 

                       

10.        2011.0172T                                                                         (A. STARR: (415) 558-6362)

Proposed Changes to Restaurant, Video Stores, and Related Land Use Controls - The Commission will consider an Ordinance introduced by Supervisor Mirkarimi concerning self-service restaurants, retail coffee stores, and video stores as well as additional recommendations by Planning staff to consolidate existing restaurant definitions and controls.  Specifically, the proposed Ordinance would  amend the San Francisco Planning Code by amending Sections 710, 730, 733A, 733A.1, 790.90, 790.91, and 790.102 of the Planning Code to: (1) increase the maximum use size for Small Self-Service Restaurants in Neighborhood Commercial Districts to that of the non-residential use size limit for the district and eliminate the limit on the number of seats; (2) increase the minimum size for Large Self-Service Restaurants in Neighborhood Commercial Districts to that of the non-residential use size limit for the district; (3) principally permit Small Self-Service Restaurants and Video Stores in Neighborhood Commercial Cluster (NC-1) and Neighborhood Commercial Transit Cluster (NCT-1) Districts; (4) conditionally permit Large Self-Service Restaurants in the Inner Sunset Neighborhood Commercial District; (5) require that mechanical noise and vibration from Self-Service Restaurants be confined to the premises; and (6) remove the prohibition of on-site food preparation and cooking and reheating equipment in Retail Coffee Stores; 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.

            Preliminary Recommendation: Adoption

            (Continued from Regular Meeting of October 6, 2011)

 

SPEAKERS:     Robert Selma, Supervisor Mirkarimi’s Office, Peter Cohen, Rob Black, Tom Radulovich, Victor Marquez, Cindy Wu

ACTION:           Approved per staff recommendation

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

ABSENT:          Borden

RESOLUTION:   18497

 

11.        2005.0233C                                                                                 (B. FU: (415) 558-6613)

49 JULIAN AVENUE - east side of Julian Avenue between 14th and 15th Streets, Lot 032 in Assessor’s Block 3547 - Request for Conditional Use Authorization under Planning Code Sections 215(a), 175.6(e)(1)(c), 151.1 and 303 to allow the demolition of an existing one-story, industrial building and the construction of a new approximately 10,500-square foot, 50-foot tall, five-story residential building containing eight dwelling units and eight ground floor parking spaces utilizing its  Eastern Neighborhoods Pipeline status per Planning Code Section 175.6(e) to elect to conform to the controls under the former C-M (Heavy Commercial) Zoning District and the 50-X Height and Bulk District, while conforming to Articles 1, 1.2, 1.5 and 2.5, as amended by the Eastern Neighborhoods Controls, or requesting Conditional Use authorization to seek relief from those amended Articles.  The project site is currently in the UMU (Urban Mixed Use) District and a 45-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

            (Continued from Regular Meeting November 10, 2011)   

 

SPEAKERS:     Tony Kim, Victor Marquez, Rick Divine, Ricardo Garcia, Gloria Romero, Michaela Antonio, Ricardo Acosta, Tom MacInerney, Susana Rojas, Jose Montenegro, Kevin Kelly, Caroline Werth, Valerie Tulier, Roberto Alfaro, Nyree Monroe, Oscar Tang, Noemy Membreno, Amanda Sobrepena, Tracy Brown, June Trofilo, Alemalu Rao, Abdessamad E. Baroud, Yana Jorusyants, Bruno Allen, Sylvia Acevedo. Lisa Mertens

ACTION:           Continued to January 26, 2012

AYES:              Olague, Miguel, Antonini, Fong, Sugaya

ABSENT:          Borden, Moore

           

         12.           2011.0879D                                                                        (S. YOUNG: (415) 558-6346)

1813 FULTON STREET - south side of Fulton Street between Ashbury Street and Masonic Avenue; Lot 001 in Assessor's Block 1187 - Request for Discretionary Review of Building Permit Application No. 2011.05.10.5758, proposing to legalize the change of use of a small self-service restaurant (d.b.a. Bistro Gambrinus) to a full-service restaurant (continuing d.b.a. Bistro Gambrinus).  The proposal is to convert from a self-service type restaurant to a full-service type restaurant and will not involve any tenant improvements to the approximately 950 square-foot ground floor commercial tenant space. 

Preliminary Recommendation: Take Discretionary Review and approve the project with conditions

SPEAKERS:     Henry Tang - DR Requestor, Victor Marquez - Representing Project Sponsor, Mark Calvano, Natalyua Isuenderoug, Jack Rider, Albert McCarthy, Charles Paskerian, Delia Urlike, Brian Doritz, David Rosenguard, Mark Rhodes, Tatiana Witte-Phillips, Yana Livingston, Bella Berzin, Rayan, Nelly Reygel, Bill Thomson

ACTION:           Take Discretionary Review and approved with conditions

AYES:              Olague, Miguel, Antonini, Fong, Sugaya

ABSENT:          Borden. Moore

DRA:                0242

 

         13.           2011.0682DD                                                                             (S. LAI: (415) 575-9087)

4218 MISSION STREET - west side between Castle Manor and Admiral Avenues; Lot 004 in Assessor’s Block 6803 - Mandatory Discretionary Review for a Medical Cannabis Dispensary, pursuant to Planning Code Sections 711.84 and 790.141 in association with Building Permit Application No. 2011.02.23.0782, proposing to develop a Medical Cannabis Dispensary (d.b.a. “The Green Cross”) on the ground floor of an existing building.  This project lies within the NC-2 (Small-Scale, Neighborhood Commercial) District, and within the 40-X Height and Bulk District.  A separate request for Discretionary Review has also been filed by a member of the public against the project.

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

 

SPEAKERS:     None

ACTION:           Without a hearing, continued to 1/26/12

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

ABSENT:          Borden

 

14.           2010.0506DD                                                                        (A. PUTRA: (415) 575-9079)

5258 Mission Street - west side between Niagara and Mount Vernon Avenues; Lot 003B in Assessor’s Block 7031 - Mandatory Discretionary Review for a Medical Cannabis Dispensary, pursuant to Planning Code Sections 711.84 and 790.141 in association with Building Permit Application No. 2010.05.27.3337, to allow a Medical Cannabis Dispensary (d.b.a Mission Organic) to locate within the existing vacant ground-floor tenant space. The proposed dispensary would not include on-site smoking, consumption, vaporizing, or cultivation. The property is located within an NC-2 (Small-scale, Neighborhood Commercial) District and 40-X Height and Bulk District.  A separate request for Discretionary Review has also been filed by a member of the public against the project.

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

 

SPEAKERS:     None

ACTION:           Without a hearing, continued to 1/26/12

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

ABSENT:          Borden

 

15.        2010.0468DD                                                                       (A. PUTRA: (415) 575-9079)

5234 Mission Street - west side between Niagara and Mount Vernon Avenues; Lot 002C in Assessor’s Block 7031 - Mandatory Discretionary Review for a Medical Cannabis Dispensary, pursuant to Planning Code Sections 711.84 and 790.141 in association with Building Permit Application No. 2010.06.16.4643, to allow a new Medical Cannabis Dispensary (d.b.a TreeMed) to locate within the existing vacant ground-floor tenant space. The proposed dispensary would not include on-site smoking, consumption, vaporizing, or cultivation. The property is located within an NC-2 (Small-scale, Neighborhood Commercial) District and 40-X Height and Bulk District. A separate request for Discretionary Review has also been filed by a member of the public against the project.

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

SPEAKERS:     None

ACTION:           Without a hearing, continued to 1/26/12

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

ABSENT:          Borden

 

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))

 

None

 

Adjournment:  6:12 PM

 

Adopted:          January 12, 2012

 

 

 

 
Last updated: 1/19/2012 2:44:51 PM