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Seal of the City and County of San Francisco
City and County of San Francisco

July 26, 2012

New Page 1



Notice of Meeting



Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, July 26, 2012

12:00 PM

Regular Meeting



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




STAFF IN ATTENDANCE:  John Rahaim – Director of Planning, Scott Sanchez – Zoning Administrator, Aaron Hollister, Adrian Putra, Rich Sucre, Erika Jackson, Sharon Young, Ben Fu, Pilar LaValley, Kevin Guy, Andrea Contreras,  Mark Luellen, 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.


1.         2011.0931EC                                                                 (A.Hollister: (415) 575-9078)

4-20 OCTAVIA BOULEVARD (A.K.A. 8 OCTAVIA BOULEVARD & PARCEL “V”) - lot bounded by Octavia Boulevard, Haight Street, and Market Street, Lot 011 of Assessor’s Block 0855 -  Request for Conditional Use Authorization to 1) Allow development on a lot exceeding 10,000 square feet, and 2) Allow off-street parking access from Octavia Boulevard. The proposal is to construct a new five- to nine-story development on a vacant lot containing up to 49 dwelling units, approximately 2,000 square feet of ground floor commercial uses, 24 off-street residential parking spaces and one off-street commercial parking space within an underground garage.

Preliminary Recommendation: Approval with Conditions

                        (Proposed for Continuance to August 9, 2012)


SPEAKERS:     None

ACTION:           Continued as proposed

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



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


2.         2012.0456X                                                                    (A. HOLLISTER:  (415) 575-9078)

1390 MARKET STREET - north side bounded by Hayes, Polk and Market Streets; Lot 006 in Assessor’s Block 0813 - Request for an amendment to the conditions of approval for a Determination of Compliance with Planning Code Section 309. Specifically, the amendment proposes to extend the performance period for an additional two years for a previously approved project to construct an 11-story building containing up to 250 dwelling units and approximately 19,880 square feet of ground-floor commercial uses. The amendment proposes no changes to the design or intensity of the project as originally approved. The subject property is located within the C-3-G (Downtown General Commercial) Zoning District and the 120-X and 200-S Height and Bulk Districts.

Preliminary Recommendation:  Approval with Conditions


SPEAKERS:     Andrew Junius

ACTION:           Approved

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

MOTION:           18673


3.         2012.0348C                                                                          (A. Putra: (415) 575-9079)

175 JUNIPERO SERRA BOULEVARD - northeast corner of Junipero Serra Boulevard  and Darien Way; Lot 006 in Assessor’s Block 3250 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.3(f) and 303 to establish a child care facility for 15 or more children (d.b.a Alpha Kids Academy) within an existing church.  The proposed child care facility is located within an RH-1(D) (Residential, Single-family, Detached) District, and a 40-X Height and Bulk District. 

                        Preliminary Recommendation:  Approval with Conditions


SPEAKERS:     Lana Kaminsky, John W. Mitchell, Margaret Finley, Roger Ritter, Joseph DeFrisco, Stephanie Cuff, Janet Saleh, Catherine Kalessis

ACTION:           Approved with amendments to require: Crossing Guard(s), white zone(s), and a traffic plan

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

MOTION:           18674


            4.         2011.1410B                                                                        (R. SUCRE: (415) 575-9108)

275 BRANNAN STREET - located on the southwest corner of Brannan and Colin P. Kelly, Jr. Streets, Lot 009 in Assessor’s Block 3789 - Request for an Office Development Authorization under Planning Code Sections 321, 842.65 and 842.66 for approximately 48,500 gross square feet on the first, second, and third floors within the MUO (Mixed Use Office) Zoning District, South End Historic District, and a 65-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions


SPEAKERS:     None

ACTION:           Approved                                               

AYES:             Fong, Wu, Borden, Moore, Sugaya

RECUSED:       Antonini

MOTION:           18672


5.         2012.0672C                                                                     (E. Jackson: (415) 558-6363)

777 VALENCIA STREET - east side between 18th and 19th Streets; Lots 088 and 108 in Assessor’s Block 3589 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 121.2, 303, and 726.53, to enlarge the use size authorization for a Jazz Club (dba Preservation Hall West) and Restaurants approved under Motion 18225 from 8,595 square feet to 10,015 square feet, and to allow 2,952 square feet of Business and Professional Services on the second floor. The project is located within the Valencia Street Neighborhood Commercial Transit District (Valencia NCT), a 55-X Height and Bulk

District, and the Mission Alcoholic Beverage Special Use Subdistrict. 

Preliminary Recommendation: Approval with Conditions


SPEAKERS:     None

ACTION:           Approved as proposed

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

MOTION:           18670


6.         2012.0274C                                                                           (S.Young: (415) 558-6346)

542 - 550 DIVISADERO STREET - east side between Hayes and Fell Streets; Lots 024 and 037 in Assessor’s Block 1203 - Request for Conditional Use Authorization under Planning Code Sections 121.2, 303, and 711.21 to allow a use size over 4,000 square feet through the combination of a vacant retail commercial tenant space (previously occupied by a grocery store d.b.a. Divisadero Farmer’s Market Liquor & Deli) at 550 Divisadero Street with a vacant commercial tenant space (previously occupied by a grooming and pet supply store d.b.a. Tae Hee’s) to establish an approximately 7,350 square foot  grocery store (d.b.a. Bi-Rite).  There will be an interior connection between the two buildings, with the grocery store customer service areas located at 550 Divisadero Street and the storage and refrigeration areas located at 542 Divisadero Street.

Preliminary Recommendation:  Approval with Conditions


SPEAKERS:     None

ACTION:           Approved as proposed

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

MOTION:           18671




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.


7.         Consideration of Adoption:


·         Draft Minutes of Regular Meeting of May 24, 2012

·         Draft Minutes of Regular Meeting of June 14, 2012


ACTION:           Approved

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


8.         COMMISSION SECRETARY POSITIONAnnouncement/Posting

Members of the Commission Secretary Search Sub-Committee will brief the Commission on the activities and achievements to date to fill the Commission Secretary position once the current position becomes vacant in the fall.  The Commission could consider the draft Job Announcement and list of posting venues for approval or modification.

            (Continued from Regular Meeting of July 19, 2012)


ACTION:           Meeting held. The Commission did not make any changes or amendments to the draft job announcement or list of venues to post the job announcement.  There was no action by the Commission.


9.         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 am wondering if the City Attorney could give us an explanation regarding 8 Washington, due to the fact that I have never on my time on the Commission seen a Commission decision and Board of Supervisors' decision move to the potential of the ballot box. I understand sufficient signatures were submitted for that to happen in putting this on the ballot.

Susan Cleveland-Knowels, Deputy City Attorney

We can give you a more in depth update either later today or next week but, in general, any legislative decision can be reprimanded within 30 days of that decision through the collection of a certain number of signatures and other procedures.  In terms of moving forward now, I understand the Board of Supervisors has an opportunity to consider the project one more time before it goes to a vote of the people. That is what I know at this point. But if you have other questions, I would have to look into that at a later date.

Commissioner Moore:

I was curious about the process because few of us have seen it under the microscope. It has not happened for a long time. It would be fun to hear.

I have a second point while we are asking questions. We might want to discuss what the real entitlement process really should or should not do. We have over the last six to eight months because of changing economic trends, been bombarded with large projects.  I am not referring to anything on today's calendar. But generally I want to know like on consumer products there is a date of expiration, do we have something like that as well? Do city plans change? We are sometimes carrying projects around 8-10 or however …; many years go without actually taking a closer look at them.  Revisiting an architectural solution; revisiting some of the land use assumptions; is that anything that would be in the interest of this Commission to consider? I would obviously ask that the Mayor's Office of Economic Development might look into this, or everyone else could also. But I think it is an idea given that we have already had this new development project on the City for far too long.

Commissioner Antonini:

In response to the question from Commissioner Moore, I think there have been some attempts at ballot measures, but I do not think any of them in the past got enough to qualify during my tenure on the Planning Commission. I know in another jurisdiction there was an attempt and some demonstrated action. There are time concerns and everything else. I think the City Attorney will brief us on the various parameters around these types of things.

On another note, I am really encouraged to see the spirit of cooperation between the branches of city government in the past few days, with particular reference to the budget, and the measures that will be on the ballot, like the tax reforms. While we still have to look at these particular measures in detail, it is encouraging to see various branches working in harmony. I am hopeful that spirit of cooperation continues until next Tuesday as the Board of Supervisors will consider my reappointment to the Planning Commission.  I would like to continue for another four years. Almost everyone knows where to get a hold of me, but for those of you that did not have my contact information you can call me day or night on my cell phone. I turn it off at night, so I would never be up in the middle of the night. I have received comments from many people over the years, but I want to make sure we cast the net as broadly as possible so everyone can get a hold of me if they have issues or concerns. Thank you very much

Commissioner Sugaya:

This morning's newspaper had an article about the item on the agenda today. The article made the same error that people make all the time with this when they testify before the Commission on an environmental impact report. A draft environmental impact report has to have a hearing before the Planning Commission, and when people come to testify at that hearing, many people make the assumption that they are testifying about the project or plan, and that is not the case. Comments should be made, as always explained by staff on the accuracy of the environmental impact report itself. The report is quite different than the plan or project. The time to comment on the project or plan comes later. Often times it is three-six months later. At that time the commission will take up the actual project and make a decision at that time. The article perpetuated that error by saying people should come and testify today on the plan, and in this case we are not having a hearing on the plan, we are having a hearing on the environmental report. The article compounded the confusion that will take place later this afternoon.

Secondly, another article about BART and the elevators that are out of commission due to the things that take place.  I think there is a simple solution, which people have been talking about for years, and that is cover the escalators when they are not running.  For some reason they have never consider putting shelter over the top of the escalators, which I understand will help long-term maintenance.
Commissioner Moore:

Perhaps it is fair to say perhaps those journalists who do not know the City processes, that perhaps the Planning Department could make itself available to give updates and distinguished what kind of process produces what.




10.          Director’s Announcements


            Director Rahaim:

First, I want to announce I believe you got the media announcement of the new selection for the Current Planning Director for the Department. That position is the one that oversees the entitlement process and zoning process, including preservation and public information counter and manages the largest group in the department of over 50 people. That position was offered and accepted by Jeff Joslin, He is an architect. For 13 years he managed the land use, the urban design and preservation teams for the City of Portland, including management of the Portland Design Commission and Historic Landmarks Commission, and in the past five or six years has been a private consultant and developer. He brings a very strong range of experience to the Department and the City. He will be starting his position officially in October, but will be coming to the City for several weeks in August and September and would like to see both Commission meetings in August, so you will have a chance to meet him at that time as well. Secondly, I would like to introduce several of the intern's. We have 16 interns at the Department this summer. There are five of them here today. We have had over 450 applicants for this program from all over the world.  We're very excited about them being here this summer. Let me just briefly talk about some of the projects they're working on. There is a project to assist the preservation data collection and identification of the historic districts, and revise the web site content to focus primarily on getting information to the public about existing local landmarks. There is a land use survey going on in various labor commercial districts to help us do some of the work. There is also the Invest in Neighborhoods Program, which has been an issue -- and interest to the department for several years. Work is going on with Connections, a program you heard about in the past, which is conducting research and compiling information on best practices. We're going on to enhance the transportation demand management programs. There is information on urban food systems within the City, collecting information about that and about what the City and other places in the region do. We're working on the driveway standards guidelines and analyzing the information from 2000-2010 Census. There is work assisting AnMarie Rodgers of the Legislative Team and responding to inquiries and further work, which as been going on for quite some time, research and creation of the archeological district. As part of the call-week program, each mentor has a planner to manage and supervise their work. Last week I understand Commissioner Wu invited the interns to Chinatown. Thank you. They really enjoyed that. There was a discussion about planning in the non-profit sector. In the final week of the program they will present the work to staff during a noontime series. We are very happy to have them all. I like to read off the list of names. Susan Parks, Denise Low, Alexandra Curby, Joseph Kramer, Ben Caldwell, Wendy Chen, Angela Lock, and Sarah Mullins. Thank you all. We're really happy to have you here.


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



  • 120528 Mills Act Amendments.  This Ordinance sponsored by Supervisor Wiener would 1) amend the Administrative Code to: a) to add limitations on eligibility, b) to add application deadlines, c) to add a time limit for receipt of the Assessor-Recorder's report, d) to require use of a standard form contract, and e) to require departmental monitoring reports.  It also would  amend the Planning Code Section 356 to reduce the application fee for Mills Act contracts.  Both the PC & the HPC reviewed the Ordinance.  The recommendations of both commissions were the same 1) minor, technical changes and 2) one substantive change removing the value limit of $3 million for residential properties and $5 million for commercial properties.  Supervisor Wiener incorporated the changes of the Commissions and the item was recommended with approval to the Board.
  • 120241 New Sunset NCDs.  The Commission heard this item on June 14 and voted 7-0 to recommend approval with modifications.  The proposed legislation would create new named NCDs in the Outer Sunset and make changes to the Trade Shop definition.  The proposed ordinance was amended to include most  of  the Commission recommendations, however instead of 3 new named NCDs, the legislation proposes 4 new named NCDs—one for each street.  (Starr) (The full board approved the Ordinance on first reading this week.)
  • There were three Ordinances that were part of the larger NE Legislation introduced by President Chiu.  When this Commission considered the NE legislation, you voted on it in three separate phases.  The majority of the Commission’s recommendations are included in the revised Ordinances.  One exception is the controls for the LCCUs.  The Commission recommended keeping the controls the same (maximum of 1,200 sq. ft. and no more than 50’ from the corner). The Supervisor choose to maintain the controls for LCCUs in the Market and Octavia RTO Districts per the Commission’s request.  However, he choose to differ from this request by allowing larger LCCUs in the RM and RTO-M Districts (100’ from the corner and 2,500 sq. ft.).
    • 120715 LCUs (Starr) (The full board amended the Ordinance and then approved it first reading this week.)
    • 120472 Clerical Modifications (Starr) (The full board approved the Ordinance on first reading this week.)
    • 120471 Bicycle Parking, Auto Service Station (Starr) (Olague added herself as a sponsor at the FB hearing.  Then, the full board approved the Ordinance on first reading this week.)
  • 11347 Student Housing.  This proposed Ordinance would establish a definition and land use controls for student housing.  It was originally sponsored by this Commission and has been sponsored by Supervisor Wiener at the Board.  During the winter Supervisor Wiener signed on as the Board sponsor and amended the Ordinance to provide for a few limited exceptions.  This Commission considered the Ordinance in May and June of this year.  At your hearings you supported the exceptions and additional incentives for the production of new housing—while standing firm that you would not support the conversion of the existing housing stock.  The Supervisor incorporated your many recommendations and the LU Committee recommended approval of this Ordinance to the Full Board.
  • 120252 City’s Response to ADA This hearing was called in response to ADA Lawsuits brought against the owners of small businesses.  The hearing was staffed by the City Attorney’s office, DPW, Small Business Commission, Department of Building Inspection, Mayor’s Office and Planning.  Our presentation focused on the recently awarded Certified Local Government Grant that will enable us to develop store-front guidelines for compliance with both ADA and Historic Resource controls.  Supervisors heard about the pending Ordinance sponsored by Board President Chiu that would require information about ADA compliance within commercial leases.  The hearing was informational and no action was taken.  (Frye, Varat)


  • Charter Amendment Housing Trust Fund.  Supervisors Wiener, Kim, Avalos, Cohen, Olague, and Board President Chiu strongly in support of this Ordinance. Supervisor Campos supported the proposed Ordinance but regretted that this was not funded by a property transfer tax.  This week the Board voted to submit this Charter Amendments to the voters in the upcoming election.
  • TCDP.  On Monday July 16 the Land Use Committee held a hearing on the Transit Center District Plan, including all of the ordinances approved by this Commission in May. Board sponsor Kim, thanked staff and the Commission for their work on this important project for our downtown. Supervisor Mar felt the shadows were not significant compared to the huge amount of open space and street realm improvements that would be provided.  He agreed it was a tremendous project.  Supervisor Board President Chiu appreciated the work that had been done to mitigate shadow impacts on parks in his district.  The Board approved the Ordinance unanimously on first reading.
  • 8 Washington.  Also at this hearing the Board President announced that the Clerk of the Board is in receipt of a Referendum Petition against Ordinance No. 104-12.  This is the Zoning Map amendment for the 8 Washington Street Project. This referendum has been forwarded to the Department of Elections for verification and validation. The Department of Elections must notify the Board about the validity of this referendum  by August 30, 2012[1].  At this point, the ordinance is suspended from becoming effective. If the referendum petition qualifies, the Board of Supervisors will reconsider the ordinance at an upcoming meeting. At that meeting the Board may repeal or adopt (again) the Ordinance.  If this Ordinance is not repealed, the Board shall submit the ordinance to the voters at the next election on November 6, 2012.


  • 601 Dolores CEQA Appeal (Turrel, Lewis)
  • 601 Dolores CU Appeal (Rodgers, Smith)

This Commission approved a CU for this project on April 26 of this year.  The project would allow the conversion of a single-family dwelling into a private elementary school operated by Children’s Day School.  The appellants raised questions about compliance with the General Plan and that the project may not have been “exempt” from CEQA review.  At the start of the hearing, district Supervisor  Wiener announced that an agreement had been reached between the two parties.  The agreement would result in a reduction of the rooftop open space as well as the hours of use for this space.  With that agreement in mind, the Board voted to uphold the Cat Ex and then to overturn the CU so the new conditions could be added.





  • 120802  Resolution urging: 1) the Port Commission to form a project-specific Citizen’s Advisory Committee to review and provide input on a multi-purpose facility on Piers 30-32, and related development on Seawall Lot 330, that would be used for the Warriors' home games, conventions and other purposes; 2) the Port Executive Director to appoint representatives from neighborhoods surrounding Piers 30-32, as well as others with specified policy expertise; and 3) the Citizen’s Advisory Committee to meet and report back regularly to the Port Commission and the Board of Supervisors.  Supervisor Kim.
  • 120796 Establishing the Divisadero Street Neighborhood Commercial District Ordinance amending the San Francisco Planning Code: by 1) adding Section 743.1 to establish the Divisadero Neighborhood Commercial District; 2) repealing the Divisadero Street Alcohol Restricted Use District established in Section 783; 3) amending Section 151.1 and a portion of Table 151.1, Sections 263.20, 607.1(f), and 702.3, the Specific Provisions of the Section 711 Zoning Control Table, and Section 790.55 to make conforming and other technical changes; 4) amending Sheets ZN02 and ZN07 of the Zoning Map to include the Divisadero Neighborhood Commercial District; 5) amending Sheet SU02 of the Zoning Map to delete the Divisadero Street Alcohol Restricted Use Special Use District.  Supervisor Olague.
  • 120631  Business and Tax Regulations, Police, and Planning Codes - Parking Tax Simplification for Residential Properties.  Ordinance would  1) relieve residential property owners and managers renting five or fewer parking spaces in Parking Stations physically attached to or otherwise associated with the building from  certain tax regulations as well as penalties and fees owed for tax periods more than 24 months prior to the effective date of the Ordinance; 2) amending the Planning Code to allow up to 5 parking spaces as an accessory use up to five dwelling unit parking spaces to be leased to persons living off-site anywhere in the City; 3) amending the Police Code to eliminate the requirement to hold a commercial parking permit for property owners of these spaces. Wiener.  Will be considered at your September 6th hearing.





The Board of Appeals did meet last night. While there were not any items of interest to the Planning Commission, it was the first meeting for Commissioner Ann Lazarus, who previously served on the Port Commission, so President Fong would be acquainted with her. We look forward to working with her on the Board of Appeals. They are meeting next week on August 1, and they do have an appeal of a Planning Commission action to approve the local coastal zone permit for the Beach Chalet Athletic Field, that hearing will be next weekend. I will report back to you on Thursday.



No meeting



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:     Linda Chapman

                        Re: 1601 Larkin St.

                        Jeanne Quock

                        Re: Student housing

                        Manny Flores

                        Re: Various projects




12.        2012.0200C                                                                      (E. Jackson: (415) 558-6363)

3730 MISSION STREET - west side between Park Street and Highland Avenue; Lot 045 in Assessor’s Block 6688 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 185, 303 and 711.59 to allow a new Automotive Repair shop within an existing 9,375 square foot commercial building.  The project is located within NC-2 (Small-Scale Neighborhood Commercial) and RH-2 (Residential, House, Two-Family) Zoning Districts, and a 40-X Height and Bulk District. 

Preliminary Recommendation: Approval with Conditions


SPEAKERS:     J.R. Hubbard - Project Sponsor, Martha Mason, Angus McCarthy, Carol Yenne

ACTION:           Approved

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

MOTION:           18675


13.        2012.0645X                                                                                 (B. FU: (415) 558-6613)

399 Fremont Street - northeast corner of Harrison and Fremont Streets, Lot 002 in Assessor’s Block 3747 - Request under Planning Code Sections 309.1, 825 and 827 to allow a time extension for a previously approved project within the RH DTR (Rincon Hill Downtown Residential Mixed Use) District with a 85/400-R Height And Bulk Designation. The proposal would extend the approval for determination of compliance under Planning Code Section 309.1 under Motion No. 18411 for an additional 12 months.  The approved proposal was to construct a new residential project in a 400-foot building that would consist of approximately 452 dwelling units, up to 238 off-street parking spaces, and for the granting of exceptions to allow greater than one parking space for every two dwelling units under Planning Code Sections 151.1(d) and 309.1(b)(1)(b), for reduction of the dwelling unit exposure requirements under Planning Code Sections 140 and 309.1(b)(1)(d), and to provide exceptions to the separation of towers requirement under Planning Code Sections 270(e) and 309.1(b)(1)(a).  The approval period would be extended to June 15, 2013.  The Director of the Planning Department recommends approval to the extension request and a written report is available for public review at the office of the Planning Department.  Exterior design changes are proposed in addition to the extension request.

Preliminary Recommendation: Approval with Conditions


SPEAKERS:     Andrew Junius - representing Project Sponsor, Chris - Project Architect, Jim Meko

ACTION:           Approved

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

MOTION:           18676


14.        2012.0194HX                                                                 (P. LAVALLEY: (415) 575-9084)

459 GEARY STREET - mid-block on south side of street between Mason and Taylor Streets, Assessor’s Block 0316, Lots 018 - Request for Downtown Project Authorization pursuant to Planning Code Section 309, with an exception to height limits in the 80-130-F Height and Bulk District as permitted in Planning Code Section 263.8, and for construction over 75 feet in height in a C-3 District.  The proposed project is to construct a one-story vertical addition, infill a light well at the east (side) elevation, and to rehabilitate the existing six-story-over-basement office building.  The resulting building will be approximately 85 feet in height and will contain one dwelling unit (approximately 3,500 square feet), approximately 11,345 square feet of office, and approximately 6,795 square feet of retail space. The existing building contains approximately 12,470 square feet of office and approximately 9,445 square feet of retail.  The project site is located within the C-3-G (Downtown General) Zoning District, an 80-130-F Height and Bulk District, and the Kearny-Market-Mason-Sutter Conservation District.  The Historic Preservation Commission approved a Major Permit to Alter for the proposed project (Case No. 2012.0194HX) at its regularly scheduled public hearing on July 18, 2012.

Preliminary Recommendation:   Approval with Conditions


SPEAKERS:     Jim Brenza - Project Architect

ACTION:           Approved

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

MOTION:           18677


15.        2012.0638C                                                                             (K. Guy: (415) 558-6163)

969 SUTTER STREET - south side between Hyde and Leavenworth Streets; Lot 015 in Assessor’s Block 0300 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.8, 303, and 703.3 to establish a formula retail use (dba "Papa John's Pizza") within the RC-4 (Residential-Commercial Combined) Zoning District and the 80-A Height and Bulk District. The size of the existing tenant space would not change.

Preliminary Recommendation:  Approval with Conditions


SPEAKERS:     Paul and Yusmee - Project Sponsors, Linda Chapman, John Jweinat

ACTION:           Approved

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

MOTION:           18678


            16.        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

            (Continued from Regular Meeting of June 21, 2012)


SPEAKERS:     Yoshi Okuda - Project Sponsor, Bob Hamaguchi, Paul Rosenblum

ACTION:           Approved

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

MOTION:           18679


17.        2008.0877E                                                                (A. CONTRERAS: (415) 575-9044)

Western SoMa Community Plan, Rezoning of Adjacent Parcels, and 350 Eighth Street Project - Public Hearing on the Draft Environmental Impact Report.  The proposed project consists of three components: 1) The first component is the Draft Western SoMa Community Plan, which covers an irregularly shaped plan area consisting of two connected areas: one roughly bounded by 13th, Bryant, Seventh, and Minna Streets, and the second area roughly bounded by Townsend, Fourth, Harrison, and Seventh Streets. The plan would require amendments to the San Francisco General Plan as well as changes to use and height and bulk controls in the San Francisco Planning Code. The plan also includes policies for transportation improvements. 2) The second component is the rezoning of approximately 46 parcels adjacent to the Plan Area (generally bounded by Seventh, Ninth, Mission, and Minna Streets) in order to reconcile their use districts and height and bulk districts with those of the neighboring properties. 3) The third component is a proposed mixeduse development at 350 8th Street (Block 3756, Lots 3 and 15) that would include approximately 444 dwelling units, 33,650 sq. ft. of commercial space, 8,150 sq. ft. of light industrial/artist space, and 1,350 sq. ft. of community space.   Written comments will be accepted at the Planning Department until 5:00 p.m. on August 6, 2012.

                        Preliminary Recommendation: No Action Required


SPEAKERS:     Scott Kuider, Dennis Juarez, Laura Hahn, Terrance Alan, Dawn Holiday, Holly Verrett, Jiayi Lao, Nathaniel Blum, Glendon Hyde, Tom Tempreno, Janet Clyde, Andrew Naravage, Andrew Kopf, John Elberling, Jim Meko

ACTION:           Public hearing on Draft EIR – No action


18a.      2011.0643DD                                                               (G. CABREROS: (415) 558-6169)

2712 Broadway - north side between Broderick and Divisadero Streets; Lot 008 in Assessor's Block 0959 - Requests for Discretionary Review of Building Permit Application No. 2011.02.15.0303 proposing  construction of a three-story-over-basement, single-family residence within the RH-1(D) (Residential, House, One-Family, Detached) Zoning District and a 40-X Height and Bulk District.  The project proposes demolition of the existing three-story-over-basement, single-family residence.

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Do not take Discretionary Review and approve


SPEAKERS:     None

ACTION:           Without a hearing, continued to 8/2/12

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


18b.      2010.0158V                                                                 (G. CABREROS: (415) 558-6169)

2712 Broadway - north side between Broderick and Divisadero Streets; Lot 008 in Assessor's Block 0959 - Request for a Side Yard Variance from Planning Code Section 133 requiring two four-foot side yards for the project.   The project proposes one eight-foot side yard along the west side property line.  No side yard is proposed at the east side property line.  The project proposes demolition of a three-story-over basement, single-family residence and construction of a three-story-over-basement, single-family residence within the RH-1(D) (Residential, House, One-Family, Detached) Zoning District and a 40-X Height and Bulk District.

                        (Continued from the regular Variance hearing on June 27, 2012)

SPEAKERS:     None

ACTION:           Without a hearing, the Zoning Administrator continued the item to 8/2/12




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 this Public Comment category (if no other category is provided), or a Public Comment category specifically included on calendar for those items.  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:     Jean Quock

                        Re: Conversion of student housing, etc.


Adjournment: 4:26 PM


Adopted on August 9, 2012




[1] The Department of Election will commence a random count, which is 3% of the signatures received. If the Department of Elections determines that the random count of the signatures is valid, the Department of Elections will certify such. However, if the random count shows that the valid signatures are within 95 to 110 percent of the requisite signatures, there will be a full 100% verification of the signatures that were filed. Once the referendum petitions are found to be sufficient, the Department of Elections will notify the Clerk’s Office and we will place the ordinance on the next Board agenda for reconsideration.

Last updated: 8/16/2012 11:01:29 AM