To view graphic version of this page, refresh this page (F5)

Skip to page body
Seal of the City and County of San Francisco
City and County of San Francisco

June 21, 2012

New Page 1



Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, June 21, 2012

12:00 PM

Regular Meeting



COMMISSIONERS PRESENT:   Wu, Antonini, Borden, Miguel, Moore, Sugaya





STAFF IN ATTENDANCE:  John Rahaim – Director of Planning, Dan Sider  – Acting Zoning Administrator, Aaron Hollister, Michelle Stahlhut, Sharon Young, Adrian Putra, Mark Luellen, Joshua Switzky, AnMarie Rodgers, Tim Frye, and Linda Avery – Commission Secretary.




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.






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


1.         2011.1232C                                                                   (A. Hollister: (415) 575-9078)

1401 Polk Street - intersection of Polk and Pine Streets; Lot 004 in Assessor’s Block 0646 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 723.44 and 303, to establish a Restaurant Use (D.B.A. Fresh Spin by Lefty O'Doul's) within the Polk Street Neighborhood Commercial Zoning District and an 80-A Height and Bulk District

            Preliminary Recommendation: Approval with Conditions


SPEAKERS:     None

ACTION:           Approved

AYES:             Wu, Antonini, Borden, Miguel, Moore, Sugaya

ABSENT:          Fong

MOTION:           18644


2.         2011.1182C                                                                     (M. Stahlhut: (415) 575-9116)

1745 Market Street - bounded by Market, Valencia, McCoppin, and Hwy 101, Lot 003 in Assessor’s Block 3503 - Request for Conditional Use Authorization under Planning Code Sections 731.83 and 303 for a proposed wireless telecommunications service facility operated by AT&T Mobility.  The facility would consist of up to nine antennas located on the face of an existing commercial and residential building with equipment located inside the building.  The facility is proposed on a Location Preference 5 (Preferred Location Site) within the NCT-3 (Moderate Scale Neighborhood Commercial Transit) Zoning District and an 85-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions


SPEAKERS:     None

ACTION:           Approved

AYES:             Wu, Antonini, Borden, Miguel, Moore, Sugaya

ABSENT:          Fong

MOTION:           18649




3.         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 Moore:

I understand that staff played a softball game at the Moscone Field and I' m just curious as to how that went.  I know it went very well, but I do not recall the final score. The Director can report on that in the Directors' report.

There was an article in yesterday's paper on a new plan that a Market Street Plan is considering expanding or modifying health vehicles with right-hand turns on selected intersections. I would ask the Department to keep us posted because it would be an interesting discussion for us to weigh in on.

Commissioner Antonini:  

I have a couple of items. First, the Subcommittee on the Planning Secretary Search met on Tuesday, the 19th.  It was a very successful meeting. I think we came up with a draft job description during that meeting. we will meet again on the 11th of July. A couple of other items:  I have been reading a very interesting book, "The Season of the Witch" and it is written by David Talbot. It deals with the history of San Francisco and from what I've been reading it is extremely accurate. It was a time of much change and turmoil as most of us who are familiar with the history of the City at that time would realize. I would suggest the book as something for everyone to read as a good explanation for where the City is today.  And finally, I would ask if we can adjourn today in honor of the receiver for the 49ers. He could jump higher than anyone else and was able to save a lot of games, as I remember from being a boy and listening to the games on the radio. He was involved in a lot for causes in San Francisco.

Finally, the U.S. Open: I think it was a great success. Congratulations to the City of San Francisco, the Olympic Club and the U.S. Golfing Association. A lot of things were technically across the line in San Mateo County, but it was a great tribute to the particular open, which most of you know the winner -- again, a gentleman named Simpson, but not the one from the 1980's, ended up winning, for the fifth time in a row. He was a little known player that ended up coming from behind to win. The score was over par, which is unusual for a major golf tournament. The course is tough when even the best golfers in the world cannot play under par.  John Madden was asked who he was rooting for and he said he was rooting for the course, and of course, he was rooting for the winner. It is a great testament to the golf course we have in San Francisco.

Commissioner Miguel:

There was a brown bag event this week. They have done small, medium and large projects. This was mega, extra large projects. It took off differently because of the speakers.  The other three [topics] had dealt with specific projects, and this dealt more, and perhaps correctly with mega projects - those vast projects and the philosophy of them. I was very pleased that it did not try to go into the minutia, but the philosophy of how one handles projects that extends over a time frame. I thought it was very well run.  And to Commissioner Moore's comments, I had the pleasure over the last year of chairing the Mayor's Design Advisory Commission on the Market Street Plan. The newspaper articles that have come out are relatively accurate. Nothing has been finalized as of yet. I know it will come before the Commission, at least as an informational item well before things are finalized.

Commissioner Sugaya:

I have also been reading "The Season of the Witch," but I cannot attest to its accuracy because I was in a purple haze most of the time.

The most important thing is to report to you on the softball tournament.
The Department played three games and we lost the first game to the S.F. Library. I am told that they were not librarians.  Later we won our game against the Department of Human Resources, and we lost to the Department of Parking and Traffic. The players were there for eight hours. All for a very good cause, for the Children's Workers Fund, the city departments collected several thousand dollars.




4.                   Director’s Announcements


Director Rahaim:

The good news is that the Mayor has proposed a substantial increase to our budget and several new positions for environmental planning and additional positions to support the legislative staff. There are several one-time funds, funding for the completion of a Central Corridor and the Transportation Sustainability Program. I will say that we had our first budget meeting on Monday. The Legislative Analyst is not recommending all of these additions to our budget. We're trying to work that out with his office as of right now. We're going to the Budget Committee again for the second time on Monday morning or they will have to take a vote and hopefully they will continue with these additional positions. I should point out that there are also two positions in the budget that are not general fund budgeted related to the Warriors. The budget will allow us additional positions to work on this. In the interest of time, I don't think I have anything else. I will summarize. In regard to the fire at Pier 29, they brought a construction company on board with demobilizing cranes and removed the damaged area on top of the building and on the roof to reduce the hazard of debris falling.  They had architects and city staff to consult with the Port engineers to make sure that we can maintain as much of the building as possible. They say that it will not impact the America's cup event. The pier itself was not affected, it was just the shed. They had staff there at 9:00 in the morning. The engineers were also there.  Things are going to move fairly quickly to get restoration plans in place. I think we had a fire some years ago at Pier 43 in Fisherman's Wharf. It was not connected.

Also, I believe Sam Jordan was known as the Mayor of Butcher town many years ago.


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


LAND USE COMMITTEE: no Monday hearing. 

  • CPMC: Last Friday, 6/15/12, there was a special hearing at the Land Use Committee on CPMC’s Long Range Development Plan Project. The hearing was the first of four at the Land Use Committee, which will be followed by two hearings at the full Board. Friday’s hearing consisted of a general overview of both the project and the Development Agreement, along with a focused discussion on the Job Creation components of the Development Agreement. President Chiu, and Supervisors Avalos and Olague, joined the Committee for portions of the more than 6-hour long hearing. Questions from Supervisors focused primarily on the local hire commitment in the Development Agreement.  Currently, the Development Agreement has four workforce focuses: construction jobs, end use jobs, support for the City's sector academies, and Local Business Enterprises (LBE’s).  For construction jobs, the DA requires an overall project goal of 30% local hire.  This goal includes 50% local hire for new apprentice positions, engineering and administrative interns.  For end-use jobs, the DA requires CPMC to hire 40 entry-level positions a year for 5 years.  Entry-level jobs require less than 2 years of post-secondary education or training. Third, CPMC will provide $2 million in support for the City's existing sector academies (e.g. Healthcare, CityBuild).  Finally, the DA sets a 14% Local Business Enterprise (LBE) goal for the construction project, including contractors and sub-contractors. [side note for AMR: SF General has a 7% LBE, so CPMC’s is double SFGH]. Supervisors expressed a desire for CPMC to: 1) commit to hiring a greater number of local residents, 2) hire them for a longer term than the 5 years currently proposed, 3) expand their local hiring commitment beyond entry-level jobs, and to 4) increase the number of locally-owned businesses involved with the project. 


The next land use hearing is scheduled for June 25th, and will focus on healthcare. Subsequent hearings at Land Use will cover housing, transportation & public realm, the City’s Health Service System, and the Controller and Budget Analyst’s Reports. It is expected that the Land Use Committee will not make a recommendation to the full Board since there is a pending appeal of the FEIR.


One July 17th, the full Board will hear the FEIR appeal along with the first reading of the proposed Ordinances.


8 Washington.  The proposal is to demolish the existing Golden Gateway Swim and Tennis Club and the existing surface parking lot on Seawall 351, and construct a new health club, residential buildings ranging from four to twelve stores in height containing 134 dwelling units, ground-floor retail uses totaling approximately 20,000 square feet, and 382 off-street parking spaces.  In May the Board certified the EIR and upheld the CU authorization by an 8-3 vote. This week, the board considered final approval of three items related to 8 Washington:

1.       Approval of Public Trust Exchange/Agreement for Sale of Seawall Lot 351 to the project sponsor

2.       Ordinance for Zoning Map Amendment to increase allowable height on a portion of the property from the existing 84 feet to 92 feet in one area, and 136 feet in another area

3.       Ordinance for General Plan Amendment to reflect the above-described height change in an exhibit within the Northeastern Waterfront Area Plan

Last week the Board had approved the three items (8-3 vote), with some revisions to the project including:

  • Parking would be reduced by 55 spaces
  • The new health club will offer swim lessons to children who are not members of the club, in a program administered through the Recreation and Park Department

Supervisors Avalos, Campos and President Chiu voted against this project.

This week at hearing Board President Chiu moved to amend the Ordinances to strike language that incorporates by reference related items that are on file in the Planning Department.  This amendment failed 4-7[1].  Supervisor Avalos requested proof that the current property owner had given Mr. Simon Snellgrove permission to seek the planning entitlements and requested a continuance so that such documents could be provided to the Board.  This motion also failed 4-7[2].  After that the 8 Washington ordinances passed 8-3 on final reading[3].



120715  Ordinance amending the San Francisco Planning Code Section 186 to allow for reactivation of limited commercial uses in RH, RM, RTO, and RED districts under a conditional use authorization and amending section 231 to allow for greater size and depth from the corner for limited corner commercial uses in RM-3 and RM-4 districts; and making findings, including environmental findings and findings of consistency with the General Plan and Planning Code section 101.1.  Chiu, Olague, Campos


120658.  Ordinance: 1) amending the San Francisco General Plan by adding the Transit Center District Sub-Area Plan to the Downtown Plan and making various amendments to the Downtown Plan, Urban Design Element, Commerce and Industry Element, Recreation and Open Space Element, and  Transportation Element as part of the establishment of the Transit Center District Plan; and 2) making environmental findings and findings of consistency with the General Plan as proposed for amendment and Planning Code Section 101.1.



The Board of Appeals report for last night: there were four cases of some note and giving the hour I'm only going to address one item of interest in particular which is a proposal that you had reviewed in February for 5258 Mission Street. This was the first of the three medical cannabis dispensaries. The elder Mission Merchants and Residents Association had filed a third party D.R.  They were the appellant last night, based on very similar grounds as a review in February. In particular, the urging was that the Board of Appeals applied a similar reasoning that it had used in a previous unrelated case based on your sense of the users and the notion of clustering.  Ultimately, based on being nothing in the law to prevent clustering and the case in question being factually different, the Board had denied the appeal and upheld your approval of the dispensary.



The HPC nominated Sam Jordan’s bar for Article 10 Landmark Designation, as you all know Sam Jordan was a prominent African-American businessmen and entrepreneur leader in the Bayview  and  I believe is the first African-American to run for Mayor in San Francisco.  He owned the bar from 1958 until 1995. I believe his family still owns the bar. They approached us about a year ago to consider designation.  Staff has worked with the family on the research.  The bar was included earlier, last year on the landmark designation work program.  Mr. Jordan's family supported designation along with several members of the public. It was quite a positive-touching-emotional meeting and staff was really taken by support of this project.

The other action that the Preservation Commission took was to construct a new transit station. That station is at the southeast corner of Union Square.  It is designed to use the same materials and blend into the current design of the square. Union Square is rated as a category one significant space in the Downtown Plan.  They took that action as well.



6.         2012.0453I                                                                          (S. YOUNG: (415) 558-6346)

1414 VAN NESS AVENUE - southeast corner of Van Ness Avenue and Austin Street; Lot 009 in Assessor's Block 0667 - Report on Miami Ad School San Francisco's Abbreviated Institutional Master Plan (IMP), pursuant to Planning Code Section 304.5.  Miami Ad School's Abbreviated IMP (San Francisco location) contains information on the nature and history of the institution, the location and development plans within the RC-4 (Residential-Commercial, High Density) Zoning District, the Van Ness Special Use District, Van Ness Automotive Special Use District, and 130-V Height and Bulk District. This is Miami Ad School's second Abbreviated IMP and it provides information for the proposed relocation of the school's San Francisco campus from its current location at 415 Jackson Street to 1414 Van Ness Avenue.  The Abbreviated IMP is available for viewing on the Planning Department’s website (from click “Publications & Reports” and then “Institutional Master Plans”).  The establishment of the Miami Ad School at 1414 Van Ness Avenue will require Conditional Use authorization, which will be considered at a future Planning Commission hearing.

Preliminary Recommendation:  Informational presentation, no action required.


SPEAKERS:     None

ACTION:           Meeting held. PH Closed and AIMP was accepted

ABSENT:          Fong



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 

                                                                                                                                                                        7.            2011.1056C                                                                         (S. Young: (415) 558-6346)

22 PEACE PLAZA SUITES 400 - 410 (LOCATED WITHIN THE INTERIOR OF JAPAN CENTER EAST MALL) -  north side of Geary Boulevard between Laguna and Webster Streets; Lot 027 in Assessor’s Block 0700 - Request for Conditional Use Authorization under Sections 249.31, 303, and 712.21 of the Planning Code to legalize a use size that exceeds 6,000 square feet of floor area with the merger of ground floor commercial tenant space Suite 400 (a 2775 square-foot retail variety store d.b.a. Daiso Japan established at the current location since July 2009) with Suite 410 (once vacant 5,606 square-foot commercial tenant space previously occupied by Genji Antiques until March 2010) within the NC-3 (Neighborhood Commercial, Moderate-Scale) Zoning District, Japantown Special Use District, and a 50-X Height and Bulk District.  The expanded space currently contains 8,381 square feet of floor area. 

Preliminary Recommendation: Approval with Conditions


SPEAKERS:     Bob Hamaguchi

ACTION:           Without hearing, continued to 7/26/12

AYES:             Wu, Antonini, Borden, Miguel, Moore, Sugaya

ABSENT:          Fong


8.         2011.0419C                                                                           (A. Putra: (415) 575-9079)

2543 NORIEGA STREET - southeast corner of Noriega Street and 33rd Avenue; Lot 010 in Assessor’s Block 2069 - Request for Conditional Use Authorization, pursuant to Planning Code Section Sections 711.83 and 303 to establish a wireless telecommunications service facility operated by AT&T Mobility.  The facility would consist of 11 roof-mounted panel antennas and associated equipment cabinets located within a two-story commercial building.  The facility is proposed on a Location Preference Two Site (Preferred Location – Co-location Site) within an NC-2 (Neighborhood Commercial, Small-scale) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions


SPEAKERS:     Tedi Verharie - AT&T representative, Joseph, Perllina

ACTION:           Approved

AYES:             Wu, Antonini, Borden, Miguel, Moore, Sugaya

ABSENT:          Fong

MOTION:           18650


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

Central Market Economic Strategy - Informational Presentation - An informational update to the Planning Commission regarding various aspects of the recently completed action plan. The Strategy's purpose is to prioritize the economic development activities to be carried out in the district by public sector agencies, private sector and philanthropic investors, and nonprofit organizations.

Preliminary Recommendation: Information Only - No Action


SPEAKERS:     Sue Hester

ACTION:           Information Only. No action


10.                                                                                              (J. SWITZKY: (415) (575-6815)

CENTRAL CORRIDOR PLAN - Informational update - on the planning process to create an integrated community vision for the Central Subway corridor in the South of Market area - The Plan area is generally bounded by Market, Townsend, 2nd and 6th Streets. This update will discuss the draft preferred land use and height scenarios, historic preservation strategy, public realm improvement concepts, sustainability planning, and financial analysis, as well as project timing and next steps. Additional information is available at

Preliminary Recommendation: Information Only - No Action


SPEAKERS:     Brad Paul, Tim Colen, Paul Wermer, David Balducci, Lenard Lynch, Jim Meko, Sue Hester

ACTION:           Information Only. No action


11.        2011.0206T                                                                       (A. RODGERS: (415) 558-6395)

PLANNING CODE AMENDMENTS RELATED TO THE CREATION OF A DEFINITION OF STUDENT HOUSING - Amendments to the Planning Code Sections 102.36, 135(d)(2), 207.6(B)(3), 307(j), 317(b)(1), 317(f)(1), and 401 - Establishing a definition of Student Housing, modifying open space requirements for dwellings less than 350 square feet plus bathroom, modifying unit mix requirements for Student Housing, monitoring conversion of Student Housing to housing, and prohibiting the conversion of housing to Student Housing; 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.  This item was heard by the Board of Supervisors' Land Use Committee on March 27, 2012, and based on amendments introduced by Supervisor Wiener, was referred to the Planning Commission for further review.

Preliminary Recommendation: Approval with Modifications

(Continued from Regular Meeting of May 17, 2012)


SPEAKERS:     Tim Colen, Rose Hillson, Paul Wermer, James Haas, Bob Passmore, Linda Chapman, Kathy Looper, Miguel Carera, Jeanne Quack, Hiroshi Fukuda, John Sanger, Sara Short, Sue Hester, Dan Frattin, Jim Meko, Brad Paul,

ACTION:           Approved with modifications

AYES:             Wu, Borden, Miguel, Moore, Sugaya

NAYES:            Antonini

ABSENT:          Fong



12.        2012.0737U                                                                                (T. FRYE: (415) 575-6822)

AMENDMENTS RELATED TO MILLS ACT PROCEDURES & FEES - Review and Comment on the proposed amendments to Chapter 71 of the Administrative Code introduced by Supervisor Scott Wiener on May 15, 2012 to add limitations on properties that are eligible; to add application deadlines; to add a time limit for receipt of the Assessor-Recorder’s Report; to require a standard form contract; to require monitoring reports from the Planning Department and the Assessor-Recorder’s Office; and to reduce the application fees associated with Mills Act Contracts.

Preliminary Recommendation:  Approval

SPEAKERS:     Jim Haas

ACTION:           Approved a motion that parallels the action of the Historic Preservation Commission

AYES:             Wu, Antonini, Borden, Miguel, Moore, Sugaya

ABSENT:          Fong





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


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


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

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

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


SPEAKERS:     Linda Chapman

                        Re: 1601 Larkin Street


Adjournment: 5:51 PM - In Memory of R.C. Owens


Adopted:  July 19, 2012 with corrections to item 4, 6/21/12 Regular Meeting Draft Minutes; page 3; Commission Comments/Questions; under Commissioner Sugaya; comments were corrected to read:  I have also been reading "The Season of the Witch," but I cannot attest to its accuracy because of the I was in a purple haze most of the time.



[1] No votes:  Avalos, Campos, Chiu, Cohen.

[2] No votes:  Avalos, Campos, Chiu, Chu.

[3] No votes;  Avalos, Campos, Chiu.

Last updated: 7/24/2012 8:40:22 AM