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

October 11, 2012 - Jnt. Hearing w/Rec Park Comm.






Notice and Calendar

of Joint Meeting


Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, October 11, 2012

10:00 AM

Special Meeting



COMMISSION:           President:                        Rodney Fong

         Vice-President:                 Cindy Wu

                                 Commissioners:                Michael J. Antonini; Gwyneth Borden;

                                                                        Rich Hillis Kathrin Moore; Hisashi Sugaya



COMMISSION:              President:               Mark Buell

                                    Vice President:        Tom Harrison

                                    Commissioners:      Paige Arata, Gloria Bonilla,

                                                                  David E. Lee, Meagan Levitan, Larry Martin



Commission Meeting Procedures

Material submitted by the public for Commission review prior to a scheduled hearing should be received by the Planning Department reception counter at 1650 Mission Street, 4th floor, no later than 5:00 PM the Wednesday (eight days) prior to the scheduled public hearing.  Persons unable to attend a hearing may submit written comments regarding a calendared item to: Planning Commission, 1650 Mission Street, Suite 400, San Francisco, CA  94103-2414.  Comments received by 9:30 AM on the day of the hearing will be made part of the official record and will be brought to the attention of the Planning Commission at the public hearing.  Otherwise, submit material related to a calendared item at the scheduled hearing for distribution.  For complete distribution to all Commissioners, necessary staff and case/docket/correspondence files, submit an original plus 10 copies.  When sending e-mail correspondence to Commissioners, please copy the Commission Secretary at:


Pursuant to Government Code Section 65009, if you challenge, in court, (1) the adoption or amendment of a general plan, (2) the adoption or amendment of a zoning ordinance, (3) the adoption or amendment of any regulation attached to a specific plan, (4) the adoption, amendment or modification of a development agreement, or (5) the approval of a variance, conditional-use authorization, or any permit, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission, at, or prior to, the public hearing.


Commission action on conditional-uses and reclassification may be appealed to the Board of Supervisors within 30 days.  Call (415) 554-5184 for more information.  Commission actions after Discretionary Review may be appealed to the Board of Appeals within 15 days of action by the Central Permit Bureau. Call (415) 575-6880 for more information.  Zoning Administrator action on a variance application may be appealed to the Board of Appeals within 10 days of issuance of the written decision.


The Commission has instituted a policy that, in most cases, they will not call an item for consideration after 10:00 PM.  If an item is scheduled but not called or introduced prior to 10:00 PM, the Commission may continue the matter to the next available hearing.  Items listed on this calendar will not be heard before the stated time.


Policy on Commissioner’s requests for hearings:  There must be consensus of the Commission (four commissioners) or direction from the President/Chair to schedule a hearing that otherwise would not be scheduled.

Cell Phone and/or Sound-Producing Electronic Devices Usage at Hearings

Effective January 21, 2001, the Board of Supervisors amended the Sunshine Ordinance by adding the following provision:  The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting.  Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices (67A.1 Prohibiting the use of cell phones, pagers and similar sound-producing electronic devices at and during public meetings).


For more information related to Planning Commission matters, please call Linda D.  Avery, Commission Secretary, at (415) 558-6407.

San Francisco Lobbyist Ordinance

Attention: Individuals and entities that influence or attempt to influence local legislative or administrative action my be required by the San Francisco Lobbyist Ordinance [SF Campaign and Governmental Conduct Code Section 21.00-2.160] to register and report lobbying activity.  For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; and web site http//

Accessible Meeting Policy

Hearings are held at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 400, fourth floor, San Francisco, CA.  The closest accessible BART station is the Civic Center station located at the intersection of Market, Hyde and Grove Streets.  Accessible curbside parking has been designated at points along McAllister Street. Accessible MUNI lines serving City Hall are the 9 San Bruno and 71 Haight/Noriega and the F Line.  Accessible MUNI Metro lines are the J, K, L, M, and N.  For more information regarding MUNI accessible services, call (415) 923-6142.  Requests for American Sign Language interpreters, sound enhancement systems and/or language translators will be available upon request by contacting Lulu Hwang at (415) 558-6318 at least 48 hours prior to a hearing.  A sound enhancement system will be available upon request at the meetings.  Please contact Services for the Deaf and Hearing Impaired at 557-5533 (TDD) or 557-5534 (Voice) at least 48 hours prior to the meeting.  Late requests will be honored if possible.  A person who is deaf or hearing impaired may gain meeting information prior to the meeting by calling 557-4433 (TDD) or 557-4434 (Voice).  In addition, the California Relay Service can be used by individuals with hearing and speech impairments by calling 1-800-735-2929 (TDD) or 1-800-735-2922 (Voice).  Minutes of the meetings are available in alternative formats.  If you require the use of a reader during the meeting, please contact the Library for the Blind and Print Handicapped at 292-2022 at least 48 hours in advance of need.  Accessible seating for persons with disabilities (including those using wheelchairs) will be available at meetings.  Individuals with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility.  In order to assist the City’s efforts to accommodate such people, attendees at public meetings are reminded that other attendees may be sensitive to various chemical-based products.  Please help the City to accommodate these individuals.


Know Your Rights Under the Sunshine Ordinance

Government's duty is to serve the public, reaching its decisions in full view of the public.  Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business.  This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.


For more information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Adele Destro, Interim Administrator, 1 Dr. Carlton B. Goodlett Place, Room 409, by phone at (415) 554-7724, by fax at (415) 554-7854 or by E-mail at


Copies of the Sunshine Ordinance can be obtained from the Clerk of the Sunshine Task Force, the San Francisco Library and on the City’s website at



Note: Each item on the Consent or Regular calendar may include the following documents:

   1) Planning Department Case Executive Summary

   2) Planning Department Case Report

   3) Draft Motion or Resolution with Findings and/or Conditions

   4) Public Correspondence

These items will be available for review at the Planning Department, 1650 Mission St., 4th floor reception.




NOTE:  The Joint Commissions will hold one public hearing for the public to provide testimony on all items listed below.  Following the public hearing, 1) the Planning Commission will act jointly with the Recreation and Park Commission to consider action to raise the cumulative shadow limits on various parks (listed in item 1 below) that could be shadowed by development pursuant to the Transit Center District Plan, and incorporate additional qualitative criteria for two additional parks (listed in item 1 below); and 2) the Recreation and Park Commission will consider making a recommendation to the Planning Commission regarding the possible adverse impact of shadow on various parks (listed in item 2 below.



1.             2007.0058K                          (J. SWITZKY 415.575.6815, K. GUY 415.558.6163)

SECTION 295 ACTIONS RELATED TO THE TRANSIT CENTER DISTRICT PLAN.  Discussion and possible joint action by the Planning Commission and Recreation and Park Commission to (1) amend the Section 295 Implementation Memo adopted in 1989 to (a) raise the absolute cumulative shadow limits on seven park properties (Union Square, St. Mary’s Square, Portsmouth Square, Justin Herman Plaza, Maritime Plaza, Willie “Woo Woo” Wong Playground, and Boeddeker Park) that could be shadowed by development pursuant to the Transit Center District Plan, and (b) incorporate additional qualitative criteria for nine parks (the previously listed seven parks, plus Woh Hei Yuen Park and Chinese Recreation Center) that describe the quantity, coverage area, duration, times of day, and times of year of new shadows; and (2) adopt findings under the California Environmental Quality Act (“CEQA”). 



The Transit Center District Plan (“Plan”) (bounded by Market Street to the north, Steuart Street to the East, Folsom Street to the south, and a boundary line located between Second and Third Streets on the west) was signed by Mayor Lee on August 8, 2012. Adoption of the Plan included reclassification of numerous parcels in the area to increase height limits, including a landmark tower site in front of the Transit Center with a height limit of 1,000 feet and several other nearby sites with height limits ranging from 600 to 850 feet. The Plan Final Environmental Impact Report (“FEIR”) identified potential new shadows that could be created cumulatively by likely development sites in the Plan area on up to nine open spaces under the jurisdiction of the Recreation & Park Department. Approval of these buildings would thus be subject to approval under the procedures of Planning Code Section 295 (also known as “Prop K” or the “Sunlight Ordinance”) by the Recreation & Park and Planning Commissions. In order to implement the Plan, which is a holistic update to the Downtown Plan and the open space system in place at the time of the 1989 Memo, the Planning Department recommends amending the 1989 Memo to comprehensively revise the absolute cumulative limits (“ACLs”) for seven downtown parks based on the cumulative potential shading by future buildings anticipated in the Plan’s zoning framework and as analyzed in the Plan EIR.

Preliminary Recommendation: Amend 1989 Implementation Memo and adopt CEQA findings.

2.             2008.0789K                                              (K. MAUNEY-BRODEK 415.575.5601)

101 1ST STREET (A.K.A. TRANSBAY TOWER; BLOCK 3720 LOT 001) – south side of Mission Street between 1st and Fremont Streets -  Discussion and possible action by the Recreation and Park Commission to (1) recommend to the Planning Commission that the net new shadow from the proposed project at 101 First Street will not have an adverse impact on Union Square, St. Mary’s Square, Portsmouth Square, Justin Herman Plaza, Maritime Plaza, Woh Hei Yuen Park, Chinese Recreation Center, and Boeddeker Park, as required by Planning Code Section 295 (the Sunlight Ordinance); (2) allocate net new shadow to the proposed project at 101 First Street for the following six park properties: Union Square, St. Mary’s Square, Portsmouth Square, Justin Herman Plaza, Maritime Plaza, and Boeddeker Park, and (3) adopt findings under the California Environmental Quality Act (“CEQA”). 



The Project proposes to construct a new 61-story office building with lower-level retail space, open space, and subterranean parking. The proposed building would reach a roof height of 912 feet, with a mechanical parapet reaching a height of 970 feet and a metal lattice crown feature reaching a height of 1,070 feet. The proposed building would contain approximately 1.37 million square feet of office uses, approximately 10,600 square feet of retail space, and approximately 39,370 square feet of off-street subterranean parking area. The project proposes over 28,300 square feet of public open space, including a 24,000 square foot plaza at the corner of 1st and Fremont Street that would provide access to the Tower and the Transbay Transit Center and would feature two means of direct public access to City Park (the 5.4-acre public park atop the Transit Center) via a funicular along the Fremont Street edge and an elevator connected to the Tower. The Project is proposed on property currently owned by the Transbay Joint Powers Authority, the public agency responsible for construction and operation of the Transbay Transit Center and Downtown Rail Extension. The Planning Commission is scheduled to consider the recommendation of the Recreation and Park Commission at its regular hearing on October 18, 2012, at which time the Planning Commission will also consider other actions related to approval of the Project (Case No. 2012.0257EBX). Preliminary Recommendation: Adopt Recommendation that Shadow is Not Adverse, Allocate Net New Shadow on Six Parks, and Adopt CEQA Findings                                                                      






Last updated: 10/9/2012 9:46:10 AM