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

September 27, 2012

SAN FRANCISCO

PLANNING COMMISSION

              Meeting Minutes

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, September 27, 2012

12:00 PM

Regular Meeting

                                                                                                                                               

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

 

THE MEETING WAS CALLED TO ORDER BY PRESIDENT FONG AT 1:15 PM.

 

STAFF IN ATTENDANCE:  John Rahaim – Director of Planning, Scott Sanchez – Zoning Administrator, Diego Sanchez, Steve Smith, Anmarie Rodgers, Joy Navarrete, Tim Frye, Kerstin Dischinger, Sara Vellve, Aaron Starr, Moses Corrette, Dan Lewis, Mary Woods, Michael E Smith,  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.         2011.1407D                                                                     (M. WOODS: (415) 558-6315)

                        2935-37 PIERCE STREET - west side between Filbert and Union Streets; Lot 002 in Assessor’s Block 0536 - Mandatory Discretionary Review, pursuant to Planning Code Section 317, of Building Permit Application No. 2011.11.02.8104, proposing to convert the building’s authorized use from two units to a single-family residence in a RH-2 (Residential, House, Two-Family) District and 40-X Height and Bulk District

                        BUILDING PERMIT APPLICATION WITHDRAWN

 

            SPEAKERS: None

            ACTION: None

 

B.         CONSENT CALENDAR

 

All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and will be acted upon by a single roll call vote of the Commission.  There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing

 

2.         2012.0453C                                                                        (S. YOUNG: (415) 558-6346)

1414 VAN NESS AVENUE - southeast corner of Austin Street and Van Ness Avenue, Lot 009 in Assessor’s Block 0667 - Request for Conditional Use Authorization under Planning Code Sections 209.3(i) and 303 to allow the change of use of the existing ground floor retail space to an institutional use to allow for the proposed relocation of Miami Ad School’s San Francisco campus from its current location at 415 Jackson Street to 1414 Van Ness Avenue.  The project site is located within the RC-4 (Residential-Commercial, High Density) District and 130-V Height and Bulk District.  The project site is also located within the Van Ness Special Use District and Van Ness Automotive Use District. 

Preliminary Recommendation:  Approval with Conditions

 

SPEAKERS:     None

ACTION:           Approved

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

MOTION:           18711

 

3.         2012.0610C                                                                          (A. PUTRA: (415) 575-9079)

499 CASTRO STREET (A.K.A. 4092-4096 18TH STREET) - northeast corner of Castro and 18th Streets; Lot 057 in Assessor’s Block 3582 - Request for Conditional Use Authorization pursuant to Planning Code Sections 715.44, and 303 to allow the change of use of an existing ground floor commercial space from a limited-restaurant to a restaurant (d.b.a. KPOP Restaurant) within the Castro Street Neighborhood Commercial Zoning District, and a 40-X Height and Bulk District. 

Preliminary Recommendation:  Approval with Conditions

 

SPEAKERS:     None

ACTION:           Approved

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

MOTION:           18710

 

C.         COMMISSIONERS’ QUESTIONS AND MATTERS

 

4.         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:

Couple items in the news: the first one was in today's San Francisco Chronicle – “Francisco for the Top City,” I guess in doing business, which comes as a surprise to many commenters and somewhat as a surprise to me. We will certainly take it. It might be based in part on what was written in another article by Carl Nulty on Sunday when he talked about the sales force and good things we are seeing. However it was entitled, ignoring a beautiful and ugly city is crazy. I agree with Carl. I believe he's made good statements. His comments, not mine: he talked about some of the people on the street. He felt they weren't just foreclosed homeowners but people who have long-term serious problems. Yet everybody ignores this, and has for decades. I think he makes good points and ends his article by saying we pretend this doesn't exist. San Francisco needs a psychiatrist, which is a well-written article. There is a positive note, however.

There is legislation introduced and I believe passed on first reading regarding [van] parked vehicles overnight. Many are housing unit we don't deal with. We deal with mergers, decks, and a bunch of things that are important. We deal nothing with a lot of the housing that is not housing that comes under the auspices of houses within houses. I think it is time this is dealt with. I applaud Supervisors Carmen Chu and Malia Cohen who authorized this legislation. It is about time. I applaud Bevin Dufty who testified he felt there was room at shelters, if not we should provide for shelters. Civilized societies need rules. If we didn't everybody would be crashing into each other. We don't seem to have rules about habitation in a lot of San Francisco. I think we need more of that in the future. I'm happy to see that. I think that it is a step in the right direction that somebody is actually stepping up to the plate and addressing one of these concerns. Hopefully we will see more of that.

Commissioner Borden:

First, I want to mention again that Urban Solutions will have two blocks of art. They will have all the businesses along the corridor of Sixth Street between Market and Howard. We will have art installations inside, ranging from laundry mats and small stores. Then there is a little program and a great studio right there. So it is 4 p.m. to 8 p.m. Friday of this week. If you can make it by tomorrow, that would be great. I also wanted to recognize the Planning Department, which I know got an award for their Property Information Map. I think that is incredible. I know because I personally use that a lot as well. It makes me sound smarter when people ask me questions, because I know it is there. The final question I have is regarding the blight ordinance and properties that have entitlements, where there might be trash. Is that a DPW issue? Is that a Planning Commission approval issue? I know that sometimes when properties are not …; when they have been entitled but there is no building permits pulled yet and there are issues with trash and debris and a blight ordinance; I don't know how the two work together, if at all.

Commissioner Sugaya:

There was something in the paper with respect to the PUC leasing 16 spaces in the City garage. Could we get a little more information? I don't know if that is for employee spaces or somehow connected with you are doing business with the PUC so you can park in one of their spaces. I don't know. It seems to go against the transit-first policy. It hinted that Reck Park was losing money because of the parking situation in various …; I guess because it is under Civic Center park. But that also is kind of an ironic thing because we are trying to be transit-first, which means Rec Park shouldn't be making money off parking, or something like that.

Commissioner Moore:

There was an interesting article the other day about UCSF growing in a manner that they might bump up against the cap in their Mission Bay area, but also as it relates to the previous master plan protections. There are two aspects of this article: One, the Master Plan is exemplary to the City Planning Department. We need to understand what institutions try to do, project what it will do, how it operates, how it groups buildings, or deals with transportation.  The second aspect of this particular article is interesting to me because will it require potentially revisiting Mission Bay. I would be very curious to see the Director and the Department keep us appraised or updated on how that might occur, so it is a lesson for all of us in terms of other institutions. But I think this particular case is a very positive one by which the Department early on knows what to be prepared for. So I think we could use that to start developing language and some type of idea of what a Master Plan needs to be.

Linda Avery:

If I can just have a moment, hopefully I won't break down with this. I announced at the beginning of the year that I would retire. But I promised I would stay until we found a replacement for me. Unfortunately that has taken a long time, much longer than I anticipated. With some family issues that have come up recently, I have set my date. My last day in the office will be October 31st, and I just want to thank you all and wish you the best. I'm here if you need me but I do have to leave after the 31st.

 

D.             DIRECTOR’S REPORT

 

5.         Director’s Announcements

           

Director Rahaim:

I just wanted to apprise you of -- I think Anne Marie probably has this in her presentation that the action the Board of Supervisors took this week on legislation related to the Successor Agency of the Redevelopment Agency. As you know, the State legislature passed trailing legislation in last year's budget that would, again, change the rules. While the first round allowed for Redevelopment and Successor Agencies to be part and parcel of City Government or County Government, depending on the jurisdiction, this round of legislation literally requires them to be separate from City and County. As of the effective date of this legislation, the Successor Agency is technically a separate entity from the City. In addition, the legislation that the Mayor put forward that the Board passed would create a separate Board, so there would be two entities. The Oversight Board I sit on would continue to exist but only be responsible for the fiduciary responsibilities or the financial obligations if you recall what is called the recognized obligation payment schedule that we are required to submit to the State every six months. The second Board would be composed of citizens appointed by the Mayor, endorsed by the Board, which would review entitlements, review projects and act somewhat in the same capacity the former Redevelopment Board did. Again, this is the result of -- to be honest, State government changing their mind on these things. We are constantly shifting ground with respect to this work. I have to admit it is frustrating that Sacramento keeps changing the rules on us, but that is essentially what happened. Again the Oversight Board would have a narrower range of responsibility than it did previously. This new commission would have more of the responsibilities overseeing the activities of the Successor Agency since that agency is no longer technically part of City Government.
We have a memo coming to you I think -- and you will get that today.  It puts the details of that legislation in much more detail. I just wanted to give you an overview in the meantime.

 

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

 

LAND USE COMMITTEE:

·         The Update to the Community Safety Element of the General Plan was heard at committee this week.  The Commission recommended approval of this on June 14, 2012. While there had not been previous opposition to this update, two speakers spoke in opposition at the Board hearing, citing concern over sea level rise.  This week the Board Committee recommended approval of the ordinance to the Full Board.

·         An Ordinance sponsored by the Mayor, Board President Chiu, and Supervisors Kim and Wiener was also heard at committee.  This Ordinance would change the threshold for the Inclusionary Affordable Housing program from buildings with 5 or more units to those with 10 or more.  This Commission recommended approval of the Ordinance on June 16th.  This Ordinance is the “companion” legislation to the Housing Trust Fund and would only become effective if the voters approve the HTF in this November’s election.  At committee this week, both affordable housing advocates and housing builders spoke in support of the Ordinance.  At the hearing, the Board amended the Ordinance to make conforming amendments to PC 419.3 and to add in an evaluation of the effect of this exemption on “achieving the City’s housing policies”.  This evaluation shall be done within three years of the effective day of the legislation, in conjunction with the five-year evaluation required to be undertaken by the Mayor’s Office of Housing and in conjunction with any evaluation of the Housing Trust Fund that may be required under the Administrative Code. Also, the Ordinance was amended to move the effective day of this legislation to January 15th in order to allow review of this specific exemption once the Housing Trust Fund is effective. With these amendments, the Ordinance was recommended for approval by the Board.

                                                          

FULL BOARD OF SUPERVISORS:

  • Supervisor Farrell’s Ordinance to Reinstate Liquor License Controls and CU for limited restaurants on Union Street was also before the Committee.  The Commission recommended approval of this Ordinance with a minor technical amendment on September 9.  Last week at the LU Committee, the Supervisor amended the Ordinance per the Commission request.  This week the Full Board approved the Ordinance as amended.
  • Tax Simplification for Residential Properties.  This Ordinance sponsored by Supervisor Wiener would amend the Business & Tax Code, the Police Code and the Planning Code to simply requirements for less than 5 parking spaces per building and offering an amnesty program.  This Commission recommended approval of the Ordinance with minor modifications.  This item was amended to incorporate your recommendations This week the Board unanimously voted to approve the Ordinance.
  • Car Wash.  This proposed ordinance that would allow existing gas stations along 19th Avenue of a certain size to add automated car washes.  The Commission recommended approval with modifications to the Board of Supervisors[1].   The Ordinance was not amended but was sent out from Land Use Committee with a recommendation of approval.  This week the Full Board approved the Ordinance on FINAL reading.
  • 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 continued this item to November 20.  He announced that he has been working with people and is cautiously optimistic that the matter will move forward.

INTRODUCTIONS: 

  • 120974 Supervisor Mar requested a hearing on the potential traffic parking and circulation impacts of the new Target shopping center at Masonic and Geary.
  • 120966 Supervisor Mar introduced an Administrative Code amendment titled “Health Food Retailer Incentives Program”.  The legislation as currently drafted would create this new program to oversee and coordinate the City’s incentive and assistance programs for Healthy Food Retailers.  The lead city agency would be the Economic and Workforce Development Department.  Among other things the ordinance states that this office should coordinate and promote health food retailers by working with DPH, Small Business Office, the Human Services Agency, and the Planning Department.
  • There may be additional items.  Since the Commission hearings now start at noon, I am unable to see the full list of new legislation introduced as the Clerk finalizes the list after this report.

 

BOARD OF APPEALS:

No meeting

 

HISTORIC PRESERVATION COMMISSION:

No meeting

 

E.         GENERAL PUBLIC COMMENT – 15 MINUTES

 

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

 

SPEAKERS:     Kelley Watts

                         Re: Minnie & Lovie Playground

 

F.            REGULAR CALENDAR 

7.         2007.0058K and 2008.0789K      (J. SWITZKY: (415) 575-5815 / K. GUY: (415) 558-6163)

INFORMATIONAL PRESENTATION ON SECTION 295 ACTIONS RELATED TO THE TRANSIT CENTER DISTRICT PLAN AND 101 1ST STREET (TRASNBAY TOWER) - The Transit Center District Plan 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 FEIR identified potential new shadows on up to nine open spaces under the jurisdiction of the Recreation & Parks Department that could be created cumulatively by likely development sites in the Plan area. Approval of these buildings would thus be subject to approval under the procedures of Planning Code Section 295 (also known as “Prop K”) by the Recreation & Parks and Planning Commissions. A joint hearing of both Commissions to consider such actions is scheduled for October 11, 2012. Planning Department staff will discuss the actions that will be before the Commissions on October 11 and provide a detailed analysis of the shadow considerations.
Preliminary Recommendation: Information Only – No Action.

 

SPEAKERS:     Sue Hestor

ACTION:           Information only, no action required

 

8.         2010.1162C                                                                       (E. JACKSON: 415) 558-6363)

741 VALENCIA STREET - east side between 18th and 19th Streets; Lot 090 in Assessor’s Block 3589 - Public information hearing to review compliance of Conditions of Approval for the hours of operation for the outdoor activity area per Motion 18337.  The original project, approved by the Planning Commission on April 28, 2011, was the conversion of the vacant ground floor commercial unit of an existing two-story commercial and residential building at 741 Valencia Street to a new Full-Service Restaurant & Bar Establishment with an Outdoor Seating Area (dba Tacolicious) that exceeds the use size limitation of 3,000 square feet for the Zoning District.  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: Information Only – No Action.

 

SPEAKERS:     Phil Lesser, Martin Vargas, Richard Tirtoprodjo, Yu Kun Hueiny, Raquel Fox, Roberto Bautista, Edwin Ortiz, Joe Hargrave – Project Sponsor, Antalmo Farerra – Chef, Christina Milar – Sound Engineer

ACTION:           Information only. No Commission action. Commissioner Fong required staff to do another sound check in 3 months and report back to the Commission in a memo.

 

9.         2012.2440T                                                                  (K. HADDADAN: (415) 575-9068)

FIVE FOOT HEIGHT BONUS FOR ACTIVE GROUND FLOORS IN CASTRO STREET AND 24TH STREET- NOE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICTS - Ordinance amending the San Francisco Planning Code by: 1) amending Section 263.20 to permit a five feet ground floor height increase for active ground floor uses in the Castro Street and the 24th Street - Noe Valley Neighborhood Commercial Districts; 2) replacing the figure in Section 263.20; 3) amending Sections 715.1 and 728.1 to make reference to this height exception; and 4) making findings including environmental findings and findings of consistency with Planning Code Section 101.1 and the General Plan.

Preliminary Recommendation: Approval

 

SPEAKERS:     None

ACTION:           Approved

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

RESOLUTION:   18712

 

10.        2012.1066U                                                                           (A. STARR: (415) 558-6362)

ESTABLISH THE SAN FRANCISCO RIGHT TO REVITALIZED HOUSING ORDINANCE AND SET CITY POLICY REGARDING THE RIGHT TO RETURN TO REVITALIZED PUBLIC HOUSING UNITS – The Planning Commission will consider a proposed Ordinance that would amend the San Francisco Administrative Code, by adding Chapter 39, Sections 39.1 through 39.9, to establish the San Francisco Right to Revitalized Housing Ordinance and set City policy regarding the Right to Return to Revitalized Public Housing Units.  The proposed Ordinance is before the Commission so that it may recommend adoption, rejection, or adoption with modifications to the Board of Supervisors.

Preliminary Recommendation: No Action at This Time

                        (Continued from Regular Meeting of September 20, 2012)

 

SPEAKERS:     Patricia Thomas, Sister Stephanie, Madeline Howard, Ace Washington, Sara Short

ACTION:           Approved support of the policy for the right to return to revitalized public housing

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

 

11.        2011.1050DD                                                                      (A. STARR: (415) 558-6362)

2807 CLAY STREET - south side between Divisadero and Scott Streets; Lot 036 in Assessor's Block 1003 - Requests for Discretionary Review of Building Permit Application No. 2011.02.04.9665 proposing to extend the existing first and second floors approximately 29 feet to the rear and construct a one-story vertical addition that will be set back approximately 23.5 feet from the front bay window and extend to the new rear wall of the first and second floors of the two-story, two-unit building within the RH-3 (Residential, House, Three-Family) Zoning District and 40-X Height and Bulk District.

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Do not take Discretionary Review and approve

                        (Continued from Regular Meeting of September 20, 2012)

 

SPEAKERS:     None

ACTION:           Without hearing, continued to 10/4/12

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

 

            12a.      2009.0724D                                                                          (A. STARR: (415) 558-6362)

2833-2835 FILLMORE STREET - west side between Vallejo and Green Streets; Lot 043 in Assessor’s Block 0558 - Mandatory Discretionary Review, pursuant to Planning Code Section 317(d), of Demolition Permit Application No. 2012.03.05.5415, proposing to demolish a two-story-over-basement, two-unit residential building within the RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District.

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and disapprove

 

SPEAKERS:     Andrew Junius – representing the Project Sponsor, David – Project Architect, Dennis Myott – Project Sponsor, Audrey Carlson

ACTION:           Following hearing, continued to 11/29/12. Public hearing remains open

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

RECUSED:       Sugaya

 

12b.      2012.0888D                                                                          (A. STARR: (415) 558-6362)

2833-2835 FILLMORE STREET - west side between Vallejo and Green Streets; Lot 043 in Assessor’s Block 0558 - Mandatory Discretionary Review, pursuant to Planning Code Section 317(d), of Building Permit Application No. 2012.03.05.5407, proposing to construct a new two-story, two-unit residential building with a partially covered roof deck within the RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District.

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and disapprove

 

SPEAKERS:     Same as those listed for item 12a

ACTION:           Following hearing, continued to 11/29/12. Public hearing remains open

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

RECUSED:       Sugaya

 

12c.      2009.0724V                                                                          (A. STARR: (415) 558-6362)

2833-2835 FILLMORE STREET AND 2300 VALLEJO STREET - west side between Vallejo and Green Streets; Lots 043 and 044 in Assessor’s Block 0558 - Request for Variances, pursuant to Planning Code Sections 121, 132, 134, 140 and 151 to allow a lot size of less than the minimum lot area required by the Code, to allow encroachment of the proposed new building at 2833 – 2835 Fillmore Street into the required front setback, to allow encroachment of the proposed new building into the required rear yard, to allow one unit that would not meet the dwelling unit exposure requirement in the proposed new building and to allow parking for the proposed new building at 2833 – 2835 Fillmore Street to be located on the adjacent property at 2300 Vallejo Street. The proposal is to demolish the two-unit two-story-over-basement building located at 2833 - 2835 Fillmore Street and construct a new two-unit, two-story building with a partially covered roof deck.  The roof deck would extend over the property line dividing 2833 – 2835 Fillmore Street and 2300 Vallejo Street and serve as open space for both the proposed building and the existing building at 2300 Vallejo Street.  The project also includes a minor lot line adjustment between the two lots.  Both properties are located in the RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District.

 

SPEAKERS:     Same as those listed for item 12a

ACTION:           Acting Zoning Administrator Mark Luellen continued item to 11/19/12. Public hearing remains open

 

G.         PUBLIC COMMENT

 

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

 

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

 

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

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

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

 

None

 

Adjournment: 5:40 PM

 

Adopted:          October 18, 2012


 

[1] Planning Commission voted to recommend that the Ordinance be amended to ensure that a lot merger or lot assembly is not included in the project.

 
Last updated: 10/19/2012 11:21:31 AM