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City and County of San Francisco

August 2, 2012

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, August 2, 2012

12:00 PM

Regular Meeting

                                                                       

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

COMMISSIONER ABSENT: Borden

THE MEETING WAS CALLED TO ORDER BY PRESIDENT FONG AT 12:14 PM.

 

STAFF IN ATTENDANCE:  John Rahaim – Director of Planning, Scott Sanchez – Zoning Administrator, Scott Edmondson, Rick Crawford, Elizabeth Watty, Aaron Hollister, Debra Dwyer, Doug Vu, 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.            2012.0206C                                                                         (M. Smith: (415) 558-6322)

2299 MARKET STREET - south side of the intersection of Market, Noe, and 16th Streets, Lot 091 in Assessor's Block 3564 - Request for Conditional Use Authorization -pursuant to Planning Code Sections 721.21, 721.49 and 303 to establish a 3,314 square-foot bank (d.b.a. “Bank of the West”) in the ground floor commercial space of a newly constructed mixed-use building that is currently under construction.  The bank would offer ATM service in an area that is recessed from the sidewalk.  The subject property is located within the Upper Market Street Neighborhood Commercial District and a 50-X Height and Bulk District. 

                        Preliminary Recommendation: Approval with Conditions

                                (Continued from Regular Meeting of July 19, 2012)

                        (Proposed for Indefinite Continuance)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

            ABSENT:          Borden

 

 

 

 

B.         COMMISSIONERS’ QUESTIONS AND MATTERS

 

2.             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:

I would like to thank everyone who worked on my reappointment to the Planning Commission.
We probably had a thousand e-mails, voice messages, phone calls and letters, and I'm very appreciative. I believe the swearing in for new Commissioners Hillis, Wu and myself, will be on Thursday, August 30 on the Mayor's balcony at 4:30 pm, but that is subject to change.  I thought I would just announce that, and welcome you to be there. Particular thanks to the Supervisors who voted in favor of my confirmation, particularly but exclusively Supervisors Cohen and Olague. My message continues to be I'm available anytime to meet with you and your constituents and I welcome your comments and your position on matters that come before us at the Planning Commission. I certainly want to take this into consideration when I deliberate on decisions.

A couple of clarifications regarding some items in the press that I wanted to bring up: I thought the articles have been good and I appreciate the members of the press. They mentioned me being like a team quarterback and the team I am playing for is the City and County of San Francisco. Over the 10 years I have been able to articulate my position on issues clearly and distinctly. For those who may not want me to continue, that might be a reason.  The new commissioner might take the same boat as me, but it might take longer to make those positions known and that was the reference to the quarterback.

There was another mention in The Chronicle: I was honored to be compared to Mitt Romney and Anthony Scalia. I told the reporter I would be just as honored to be compared to President Obama or Associate Justice Stephen Beiar. We did not make all our elected officials, but we did make the Supreme Court, Judges and Commissioners and others, appointed positions that are not subject to periodic votes of the electorate. That' s important in a democracy but also has its downfalls because sometimes it keeps officials such as judges and commissioners from being completely objective in their vote or in the positions they take because they are subject to not only the feelings of their constituents but their contributors. It is important we keep the separation of powers and I think this is a key issue when you talk about comparisons to judges.

Finally, I' m very happy to report that when I go to work coming from the west side to my office in the Cow Hollow area, frequently when I'm not taking Muni I will drive, and I’m happy there are eight projects under construction along that route. I'm glad to say that is the case, but we are actually seeing ground breakings and projects going forward and that is very promising and very satisfying to see these projects moving forward.
Commissioner Sugaya:

I thought of that comment about swearing-in and it raises a good question. I thought swearing in was required. But we have Mr. Hillis here.

Commissioner Antonini:

I can clarify that. There is always a legal swearing-in and then there is a formal [ceremonial] swearing-in. That is what I was speaking of the ceremonial swearing in.

Commissioner Sugaya:  

 I would like to welcome Mr. Hillis. We have had some previous encounters and I have always found him to be bright and generous and will serve the community very well. So welcome. Welcome to the other two commissioners to have been reappointed.

Commission Secretary:

Commissioner Hillis was sworn in this morning and is legally able to sit and take action today.

 

 

 

Commissioner Wu:

I believe for the record I will not be at the swearing-in ceremony. I also want to congratulate Commissioner Antonini and Commissioner Hillis. I got to have lunch with him [Commissioner Hillis] and it was very nice.

This Friday is the 35th anniversary of the I Hotel. 35 years ago, that was the night of the eviction and there will be a program starting at 6:00 tomorrow and it will go until 2:00 mimicking what happened that night with activists and tenants' rights folks from the City and region. That will go until 2:00 when there will be a March and a ceremony.

Commissioner Sugaya:

There is an excellent novel called The I Hotel by a Japanese professor.  It is a novel, not a historical account, but it has the I Hotel as its theme and the people who were associated with it.

Commissioner Fong:

I also want to add my congratulations to the reappointment of the commissioners. Commissioner Hillis and I have worked on different projects along the waterfront and I believe his appointment will add to the existing commission.

Commissioner Hillis:

 I would like to thank the Mayor for appointing me. I have great respect for the Department as well as many who have come before the Commission, so I am honored to be here. I also want to thank Commissioner Miguel. I worked with the City for 15 years and have had the honor to be before the Commission and work with him and it's an honor to fill his seat. Hopefully I can fill the seat, so ‘thank you’ to him.

Commissioner Antonini:

I would like to take this opportunity to welcome Commissioner Hillis and I'm very happy he is going to serve the Commission; and I’d also like to acknowledge former Commissioner Miguel.  It was a pleasure to serve with him. He brought a lot of knowledge and good things to the Commission.

On the question of swearing-in, and the Deputy City Attorney can give her opinion on this if I am misrepresenting it, I believe there was legislation from a couple of years ago, that refers to a time where the Mayor or President of the Board must make their appointments after the conclusion of the term of the existing sitting commissioners, then the Board of Supervisors has a time at which they have to confirm that.  Absent any confirmation by the Board within that time, the commissioners are deemed confirmed. The terms of the sitting commissioners extent 60 days after the completion of their term. As long as the formal swearing-in takes place, it can be any time and it is in compliance. Correct me if that is not correct.
City Attorney Deputy:

I do not have the Charter in front of me, but the important swearing-in is the one that
occurred this morning. That is the legal swearing-in. Any other is a ceremony.

Director Rahaim:

 I can confirm that.  Commissioners have a four-year term and at the end of the four years, there is 60 days during which you can continue to sit if you are not reappointed. I looked at this recently as well. You are correct that if the Board does not act within 30 days, the appointment is automatically deemed confirmed.

 

C.         DIRECTOR’S REPORT

 

3.         Director’s Announcements

 

Director Rahaim:

 I would also like to congratulate the commissioners on their appointments. I have been able to work with Rich for many years. Hard to believe that has been five years but welcome on behalf of the Department.

 

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

 

LAND USE COMMITTEE:

  • Chinese Hospital.  Committee heard two Ordinances related to the demolition of the existing Chinese Hospital and a project that would rebuild the Medical Office Building, as a 110 ‘ facility with 54 acute-care beds, and a 22-skilled beds.   The Commission recommended approval of these Ordinances on July 12.   This week the committee recommended approval of the ordinances without any changes.

                                                          

 

FULL BOARD OF SUPERVISORS:

  • CPMC EIR Appeal.  Board President Chiu noted that the Department had submitted additional material in response to questions raised at the July 17th hearing and moved to continue the appeal hearing to November 20th.  As an aside the Supervisor noted that CPMC had agreed to work with the City and an outside mediator on the long-range development plan.  Supervisor Campos wanted a quick selection of the mediator.  This item was unanimously continued to November 20th.
  • The Board approved on FINAL READING three Ordinances that were part of the larger NE Legislation introduced by President Chiu.  These are components of legislation that this Commission had called the “NE-mega legislation”.  As approved, the majority of the Commission’s recommendations are largely included in the revised Ordinances[1]
    • 120715 LCUs (Starr)
    • 120472 Clerical Modifications (Starr)
    • 120471 Bicycle Parking, Auto Service Station (Starr) (

 

  • Building Code Amendment:  This is the Ordinance that would allow efficiency units to be 70sf smaller than current controls.  This Commission heard this issue in an informational hearing on June 28th. This week Supervisor Wiener further continued this item to September 24 to continue discussions with Supervisor Kim and Board President Chiu. 
  • 120528 Mills Act Amendments.  This Ordinance sponsored by Supervisor Wiener would ease implementation of contracts to reduce property tax on historic buildings in exchange for rehabilitation.  Supervisor Wiener incorporated the changes of both the PC & HPC Commissions and the item was approved on first reading.
  • 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[2]. (Starr) (This week the full board approved the Ordinance on FINAL reading this week.)
  • Transit Center District Plan. These Ordinances would  a comprehensive plan for the area around the Transbay Terminal.  The Plan includes mechanisms to direct increased development value to help fund the construction of the Transit Center Program in addition to other public improvements. This week the Ordinances were approved on final reading.
  • 11  1347 Student Housing.  This proposed Ordinance would establish a definition and land use controls for student housing.  This week the Ordinance was up for first reading.  Supervisor Wiener described the long and collaborative process to get this this point and urged Board support.  Supervisor Kim requested a continuance on this item as she would like to pursue some concerns of academic institutions in her district and would like to propose some amendments that would send the item back to this Commission. She described two outstanding issues: engaging with interested institutions and ensuring that student housing units are sufficiently monitored so that any conversions to regular housing would trigger the inclusionary requirement.  Board President Chiu noted that there had been some discussions with the Academy of Art and asked for Director Rahaim to describe those discussions.  The director described the long process and the Commission’s recommendation to preserve existing housing.  He described that this legislation is a separate issue from any discussions with the Academy of Art for a more global solution to their applications to legalize work—noting that any solution would come before the Board at a later time. Supervisor Kim asked again for more time to consider grandfathering for “these institutions” and monitoring of conversions especially as units may convert floor-by-floor and be difficult to track. While Supervisor Kim had an amendment to solve the monitoring issue she did not have a chance to share it and noted it would trigger resending to the Commission. Supervisor Campos thought monitoring was important but stated that he is not a fan of “grandfathering”.  With that the motion to continue failed and the item was passed on first read, 9-2.
  • 111047 ADA. The legislation would amend the Planning Code as well as other codes.  It would (among other things) require commercial landlords to make spaces ADA compliant or inform future tenants about the lack of compliance.  PC Hearing 12/15   The Planning Code amendment would have excluded the square footage of floor area required for disabled access from the calculation of maximum allowable square footage for certain restaurants.  This portion was removed so that it no longer contains a Planning Code amendment .This week the Board approved the Ordinance on first reading.

 

4pm Appeals: 

  • CU Appeal for 3901 24th Street.  This CU was granted by the Commission on June 14th to establish a “financial service” DBA First Republic Bank in a small storefront.  This item was not subject to formula retail controls as the law was not yet effective when you heard this item.  Prior to the hearing, the applicant withdrew their application.  This week the Board took the formal action of reversing the CU authorization and disapproving a bank at this location.
  • Certificate of Appropriateness for 55 Laguna.  This would have been the first appeal of a CofA issued by the HPC.  Instead, this week the appellant, Cynthia Servetnik, failed to show up for the hearing.  Without an appellant, the Board upheld the CofA.

 

 

 

INTRODUCTIONS: 

  • Olague:  120814 Establishing the Fillmore Street Neighborhood Commercial District.  Ordinance amending the San Francisco Code by: 1) adding Section 744.1 to establish the Fillmore Street Neighborhood Commercial District along Fillmore Street between Bush and Fulton Streets; 2) amending Section 151.1, a portion of Table 151.1, Section 263.20, and Section 607.1(f) to make conforming and other technical changes; 3) amending Sheets ZN02 and ZN07 of the Zoning Map to rezone specified properties to the Fillmore Street Neighborhood Commercial District; and 4) adopting 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.
  • Planning.  120789 Landmark Designation of Sam Jordan’s Bar.

 

 

BOARD OF APPEALS:

 No meeting this week.       

 

HISTORIC PRESERVATION COMMISSION:

I'm [Director Rahaim] going to give the Historic Preservation report today. The Preservation Commission approved the construction on 850 Battery St., which is a non-contributing building. it was the only certificate of appropriateness yesterday. Another item was an informational hearings on the fire that occurred at Pier 29. Representatives of the Port gave a presentation on that. Second, the Commission continued its discussion to expand the Administrative Certificate of Appropriateness Delegations. They are allowed to delegate certain types of changes to buildings in historic districts to staff. To date, I think there is general consensus that it has worked pretty well. A revised delegation process will be at the hearing in November. Also, planning staff summarized Sections of Planning Code Articles 10 and 11 which were amended at the Board of Supervisors in May. I believe the red line version will be in your packets today and you can see the changes that were made as well.            

5.                                                                                         (S. EDMONDSON: (415) 575-6818)

Downtown Plan Annual Monitoring Report 2011 - Informational presentation - Chapter 10E of the San Francisco Administrative Code requires the Planning Department to complete annual reports to measure development trends in the Downtown against the goals of the Downtown Plan of the San Francisco General Plan. The report discusses employment and development trends, transportation, housing, fiscal revenues and other topics pertaining to the Downtown C-3 district for 2011. Informational item only, no action necessary. Report is available for the public at the Planning Department and can be downloaded from the website at: http://www.sf-planning.org/ftp/files/Citywide/Downtown_Annual_Report_2011.pdf

            Preliminary Recommendation: No Action required - Information only.

 

SPEAKERS:     None

ACTION:           Information only – no action

 

D.         GENERAL PUBLIC COMMENT – 15 MINUTES

 

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

 

SPEAKERS:     Linda Chapman

RE:                   1601 Larkin Street

 

E.         REGULAR CALENDAR 

                       

6a.        2004.0976ECV                                                            (R. Crawford: (415) 558-6358)

376 CASTRO STREET - West side of Castro Street, at the northwest corner of Castro and Market Streets; Lot 006 in Assessor’s Block 2623 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 228 (service station conversion) and 733.21 (nonresidential use size) to demolish an existing gas station on the site and construct a 6-story, 65 foot tall mixed use building with 24 dwelling units and 3,000 square feet of ground-floor commercial space within the Upper Market Neighborhood Commercial District and 65-B Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     Mitchell Benjaim, Project Architect, David Silverman, representing Project Sponsor, Andrea Aiello, Jeff Johnston, Daniel Bererrac, Roger Martinez, Richard McGreary, Judith Hoyen, Alan Beach, James Wade, Sharon Kegan

ACTION:           Approved with an amendment to bring the design back to the Planning Commission as an informational item.

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

            ABSENT:          Borden

MOTION:           18680

 

6b.       2004.0976ECV                                                              (R. Crawford: (415) 558-6358)

376 CASTRO STREET - West side of Castro Street, at the northwest corner of Castro and Market Streets; Lot 006 in Assessor’s Block 2623 - Request for Rear Yard Modification, pursuant to Planning Code Section 134(e) to allow the required rear yard to be located in the northwest, rear corner of the lot at the first level of the building containing dwelling units.  The project site is located within the Upper Market Neighborhood Commercial District and 65-B Height and Bulk District.

 

SPEAKERS:     Same as those listed for item 6a

ACTION:           The Zoning Administrator closed the public hearing and stated his inclination to grant the rear yard Modification.

 

            7a.        2012.0142CV                                                                     (E. WATTY: (415) 558-6620)

491-499 HAIGHT STREET - Southeast corner of Haight and Fillmore Streets; Lot 025 in Assessor’s Block 0859 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 703.3, 703.4, and 303, to allow a new Formula Retail Use (dba “CVS”) to occupy the Haight Street ground floor commercial space previously occupied by a Formula Retail Use (dba “Walgreens”), within a three-story-over-basement 21-unit mixed-use building.  The project site is located within the NC-2 (Neighborhood Commercial, Small-Scale) Zoning District, and 40-X Height and Bulk District.

Preliminary Recommendation:  Approval with Conditions

 

SPEAKERS:     Andrew Junius, representing Project Sponsor, Michael Harris, Project Architect, Sandra Mack, Fey Adelstein, Katya George,

ACTION:           Approved

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

            ABSENT:          Borden

MOTION:           18681

 

7b.       2012.0142CV                                                                      (E. WATTY: (415) 558-6620)

491-499 HAIGHT STREET - southeast corner of Haight and Fillmore Streets; Lot 025 in Assessor’s Block 0859 - Request for Variances, pursuant to Planning Code Sections 134 and 188, to allow encroachments into the required rear yard by constructing decks and a stair penthouse at the rear of the existing three-story-over-basement 21-unit mixed-use noncomplying structure. The project site is located within the NC-2 (Neighborhood Commercial, Small-Scale) Zoning District, and 40-X Height and Bulk District.

 

SPEAKERS:     Same as those listed for item 7a

ACTION:           The Zoning Administrator closed the public hearing and stated his inclination to grant the variances.

 

8a.        2012.0032EXV                                                               (A. HOLLISTER:  (415) 575-9078)

100 VAN NESS AVENUE - northeast corner of the intersection of Van Ness Avenue and Fell Street; Lot 020 in Assessor’s Block 0814 - Request for a Determination of Compliance under Planning Code Section 309 (Permit Review in C-3 Districts), with exceptions to the requirements for Rear Yard (Planning Code Section 249.33(b)(5)) and to the Limitation on Residential Accessory Parking in C-3 Districts (Section 151.1(e)). The Project would change the use of the subject building from office to residential, renovate the interior of the building to create up to 399 residential units and approximately 6,884 square feet of ground-floor retail, and re-skin the exterior of the building, retain the off-street parking garage with 112 off-street parking spaces, including loading space, and move the parking garage entrance from Van Ness Avenue to Hayes Street.  Six new off-street parking spaces for the residential units would be added by the Project within the existing parking area.  No physical expansion of the building is proposed or would be required to accommodate the Project. The subject property is located within the C-3-G (Downtown General Commercial) Zoning District, the Van Ness and Market Residential Special Use District and the 200-R2 Height and Bulk District.

Preliminary Recommendation:  Approval with Conditions

 

SPEAKERS:     Oz Erickson, Project Sponsor, Chris Pemberton, Project Architect, James Haas, Jennifer Warbur, Jim Warshell, Don Savoie, Danny Campbell, Jim Chappell, Julia Sullivan,

ACTION:           Approved with an amendment that the Project Sponsor is to continue working with staff on design

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

            ABSENT:          Borden

MOTION:           18682

 

8b.       2012.0032EXV                                                               (A. HOLLISTER:  (415) 575-9078)

100 VAN NESS AVENUE - northeast corner of the intersection of Van Ness Avenue and Fell Street; Lot 020 in Assessor’s Block 0814 - Request for Variances, pursuant to Planning Code Sections 135, 136, & 140, as they relate to Useable Open Space, Projections over Streets and Dwelling Unit Exposure. The Project would change the use of the subject building from office to residential, renovate the interior of the building to create up to 399 residential units and approximately 6,884 square feet of ground-floor retail, and re-skin the exterior of the building, retain the off-street parking garage with 112 off-street parking spaces, including loading space, and move the parking garage entrance from Van Ness Avenue to Hayes Street.  Six new off-street parking spaces for the residential units would be added by the Project within the existing parking area.  No physical expansion of the building is proposed or would be required to accommodate the Project. The subject property is located within the C-3-G (Downtown General Commercial) Zoning District, the Van Ness and Market Residential Special Use District and the 200-R2 Height and Bulk District.  The Zoning Administrator will consider the Variance request concurrently with the Planning Commission's consideration of the other project entitlements at this same hearing.

 

SPEAKERS:     Same as those listed for item 8a

ACTION:           The Zoning Administrator closed the public hearing and stated his inclination to grant the variances.

 

9.         2008.1084E                                                                         (D. DWYER: (415) 575-9031)

706 MISSION STREET - The Mexican Museum and Residential Tower Project - north Side of Mission Street at the northwest corner of Third and Mission Streets; Lots 093, 275 and portions of Lot 277 in Assessor’s Block 3706 - Public Hearing on the Draft Environmental Impact Report. The proposed project includes the construction of a new 550-foot-tall, 47-story tower with three floors below grade.  The new tower would be adjacent and connected to the existing 10-story Aronson Building, which would be restored and rehabilitated as part of the proposed project.  The project would include up to 215 residential units, space for The Mexican Museum, possible office use, and ground-floor retail/restaurant use.  The project would also include the conveyance to the project sponsor of the existing Jessie Square Garage with 442 parking spaces.  Total development would include approximately 710,525 gross square feet. The project site is located in the Downtown Retail (C-3-R) Use District and a 400-I height and bulk district in the former Yerba Buena Center Redevelopment Area. The proposed project would require a height reclassification as well as rezoning to a Downtown Residential District (DTR), or alternatively, a Special Use District (SUD) overlay to the C-3-R could be established, or an SUD overlay on the DTR.

Note: Written comments will be accepted at the Planning Department until 5:00 p.m. on August 13, 2012.

Preliminary Recommendation: No Action Required

 

            SPEAKERS:     Paul Sedway, Brian Canspa, Joe Fang, Howard Wexler, Jack Clumeck,                                                    Maurizzio Pineda, Lynn Sedway, Mary Mcue, Linda Lucero, Edward Collins,                                             Margaret Lin, Terry Eckert, Roberto Y. Hernandez, Brian Kern, John Elberling,

ACTION:           Public Hearing on Draft EIR – No action

 

10.        2012.0637D                                                                               (D. VU: (415) 575-9120)

4365 26TH STREET - south side between Douglass and Diamond Streets; Lot 024 in Assessor’s Block 6561 - Request for Discretionary Review of Building Permit Application 2011.10.18.7006, proposing to construct a rear addition at the first floor, a new second floor, and front and rear decks to the existing single family dwelling structure within the RH-1 (Residential, House – One-Family) Zoning District and 40-X Height and Bulk District. 

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Do not take Discretionary Review and approve

 

SPEAKERS:     Mario McGinnis, Discretionary Review requestor, David Johnson, Project Sponsor, Vincent , Project Architect

ACTION:           The Commission did not take Discretionary Review and approved the project

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

            ABSENT:          Borden

DRA #:             0287

 

11a.      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

                                (Continued from Regular Meeting of July 26, 2012)

 

SPEAKERS:     None

ACTION:           None - The Discretionary Review Requests were withdrawn prior to the hearing.

 

11b.      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 Meeting of July 26, 2012)

            The Zoning Administrator closed the public hearing and has taken the matter under advisement until he sees the final plans; he has also stated his inclination to grant the variance.

 

F.         PUBLIC COMMENT

 

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

 

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

 

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

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

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

 

None

 

Adjournment: 4:58 PM

 

Adopted on August 16, 2012


 

[1] 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.).

[2] The Supervisor chose to create 4 new named NCDs—one for each street, instead of 3 new named NCDs as recommended by the commission. 

 
Last updated: 8/21/2012 10:12:52 AM