SAN FRANCISCO

PLANNING COMMISSION

Special Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, November 30, 2006

2:00 PM

Special Meeting

COMMISSIONERS PRESENT: Alexander, Olague, Antonini, S. Lee, Moore, and Sugaya

COMMISSIONER ABSENT: W. Lee

THE MEETING WAS CALLED TO ORDER BY PRESIDENT ALEXANDER AT 2:06 P.M.

STAFF IN ATTENDANCE: Dean Macris – Director of Planning, Larry Badiner – Zoning Administrator, Amit Ghosh – Chief Planner, Aaron Starr, Erika Jackson, Michael Li, Cecilia Jaroslawsky, Alicia John-Baptiste, Sophie Middlebrook, Tina Tam, Michelle Glueckert, April Hesik, Michael Li, Linda Avery – Commission Secretary.

• 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.

Request to continue Item 5: 2006.0798C 1723 UNION STREET

SPEAKERS

Joel Yodowitz

-Requesting continuance because we would like the full commission to be present.

There was no support of the motion for continuance.

RESULT: Item will be heard today in the order it appears on the agenda

B. 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

Lisa Hasen, Representing coalition of citizens

-The St. Bonaface Homeless Shelter operator wants a shelter at 366 Clementina St. next to a hundred senior homes and half a block from Yerba Buena Center

-It was previously a child-care center for 35-years. The Bryant and 5^th St Shelter deals with littering and drug activities

-Over 460 petitions were collected requesting that the Planning Commission look into this matter

Laura Weil

-I live half a block from 366 Clementina St.

-My children attended the pre-school. It is a dramatic change for the community

Jeannie Riggs, Regarding 366 Clementina Shelter

-I am one of 2500 seniors living next door of the site and am concerned about safety

-It will create disturbances. As disabled seniors, we need to navigate into narrow streets

Jennifer Kano, Regarding the 366 Clementina Street Shelter

-We are a community of seniors and families with children -- a beautified area.

-The shelter would be a big defeat. Concerned about health issues

Glenn Hasen, Regarding 366 Clementina Street Shelter

-Read a letter from Tessa, Manager of the senior building expressing concern about the disturbances the shelter would bring to the community

Peter Cohen, Triangle Duboce Neighborhood Association

-I am here to follow up from the November 9^th hearing on the Market-Octavia Plan focusing on the Community Improvement Program.

-We spoke about submitting an analysis about it and I am here to do that for your review before the next hearing on the Market-Octavia Plan.

David

Urged the Planning Commission to look into the 366 Clementina Street Shelter.

C. COMMISSIONERS' QUESTIONS AND MATTERS (Tape IA)

1. Commission Comments/Questions

Commissioner Antonini:

-I would like a session to discuss the parameters of conditional use versus as-of-right. What guidelines are there?

-It would be valuable in the future to have a broad idea on what parts of the city requires notices in order for us to answer questions from the public on cases like the shelter on Clementina Street.

-I would like to thank some individuals who gave me a tour at the Bayview Hunters' Point.

-I agree with what has been said that this might be the area of the city that is most challenging and also has the most potential.

-It is one of the fewest areas that combine industrial, housing, sports, recreational and retail spaces. There is enough space for all these uses.

-A question was raised about big-box developments for religious institutions and if it is contain in the redevelopment.

-On that same line, I was able to stop at a point and overview the Shipyard.

-The area is partly still developing and certainly needs some cleaning.

-In terms of the 49ers questions, in the interest of the public, we should address this concern with all interested parties to move in a direction to benefits everybody in the city.

-It would allow keeping the team in the city and also use some of this benefit to help the challenges that exist in that area.

Commissioner Sugaya:

-I would like to have information about an article in the newspaper about an alternative plan development released for the Bayview Shipyard -- a 137-page book. It would be good to have an informational item on that.

-A Performance Measure Report mentioned that a plan for Japan Town was being initiated. I would like some information at a future meeting.

-At another of our meetings, Visitacion Valley was being discussed.

-It was mentioned that there might be a joint meeting with the Brisbane Planning Commission to present their plan for the immediate area to the South or at least if the Director could come to give us information about it.

-The planning is moving forward and I know they have identified some project, preservation and development alternatives.

-I received a flyer in the mail for the ABAG Symposium 2007. I would not be able to attend and if staff could attend and give us a summary.

Commissioner Olague:

-I am interested in having an overview of the Residential Design Guidelines and I would be interested to invite Allen Jacobs since he was one of the directors.

-Given that we are looking a lot at neighborhood plans, it would give us an idea of what the initial intention was when these guidelines took place.

Mr. Badiner, Zoning Administrator

-I just want to make clear that there is no notices requirement for the change of use for the West SOMA area and that is the reason why I suggested the block book notation for the homeless shelter on Clementina Street.

-At that time, the public could request discretionary review to bring it to the Planning Commission.

-The City passed an ordinance about big-box in the Bayview Hunter's Point. Over 50,000 square feet is a CU [Conditional Use] and over 90,000 square feet is prohibited

-Dean Macris, Planning Director, was in charge of the Residential Design Guidelines and will be invited to present it.

Amit Ghosh, Chief Planner

-We will research getting the information requested.

-The joint meeting with DBI has not been set up yet.

-We will work with the Secretary to schedule presentations.

1. - The Planning Commission will discuss and take possible action on the search for a new Director of Planning, including setting criteria and salary for the Director of Planning, and establishing procedural guidelines for the search and selection of a new Director of Planning. The Commission may take action to: adopt or endorse the criteria for the Director of Planning, establish the salary range for the Director of Planning, outline the process for selection of a new Director of Planning, and/or authorize the President of the Commission to execute a contract or contract modification with the existing consultant to continue to conduct and assist in the search for candidates for the position of Director of Planning.

SPEAKERS

Lois Scott, Planning Staff

-For the new director search, you should examine organizational strengths and weaknesses.

-They should prove to be a good role model. Updating the job description would help in a meaningful process.

-Department staff would like to participate in the candidate search.

Bernard Choden

-New director should be aware of the City's Mission.

-To have an advisor role and knowledge of federal government requirement.

ACTION Approved the search criteria by identifying the client as the Planning Commission; stipulating that the position is for a Director of Planning instead of a Deputy Director of Planning; and authorizing the President of the Commission to execute a contract or contract modifications with Commission approval.

AYES Alexander, Antonini, Olague, S. Lee, Moore, Sugaya

ABSENT W. Lee

D. DIRECTOR'S REPORT (Tape IA)

1. Director's Announcements None

1. Review of Past Week's Events at the Board of Supervisors and Board of Appeals (Tape IA; IB)

Board of Supervisors:

a)-Trinity Plaza Project General Plan Amendment: Failed. Planning Commission could consider re-initiating the process

b)-Supervisor Ma's Proposal -CU for any massage establishments in the city- Passed

c)-2564 Sutter St.-CEQA Appeal: Overturned based on historic preservation concerns. It was sent back to Planning for further review

d)-Ordinances introduced by Supervisor Elsbernd

-Grocery Stores under formula retail control -Tabled - creating conflict with Proposition  G

-CU to demolish or change the use of a grocery store-Passed

e)-Interim Land Use Controls sponsor by Supervisor Daly and Ma-Requires a CU-18 month period for reduction or change of use from any recreational facility in the city.

f)-Four Ordinance introductions:

-Two from Supervisor Peskin to strengthen our Planning Code: Advertisement signs in particular and Codes provision to enable effective enforcement

-Two from Supervisor McGoldrick: Ability to recover costs from development and performance programmatic environmental reviews and trailing legislation amendments to housing policies.

Board of Appeals: None

E. PUBLIC COMMENT ON AGENDA ITEMS WHERE THE PUBLIC HEARING HAS BEEN CLOSED (Tape IB)

At this time, members of the public who wish to address the Commission on agenda items that have already been reviewed in a public hearing at which members of the public were allowed to testify and the public hearing has been closed, must do so at this time. Each member of the public may address the Commission for up to three minutes.

SPEAKERS (regarding 1723 Union Street):

Laura Hudson

Opposes conditional use for 1723 Union Street. There are already two  Crunch locations in the neighborhood.

Darren Press

Urge to vote against. Parking will be severely impacted.

Karen Foss

I'm against this third facility. The gym is to exercise. There is no need for other amenities

Joe Yodowitz, Representing the Project Sponsor

- Crunch does not own the building. It has been vacant for two years.

-Union Street is a commercial district. This project will create 25 jobs for residents.

Jim, Owner of  Crunch

-Parking is not part of my requirement. Public transit is efficient in that area.

-Please consider our application.

CONSIDERATION OF FINDINGS AND FINAL ACTION – PUBLIC HEARING CLOSED

5. 2006.0798C (Tape IB) (A. STARR: (415) 558-6362)

1723 UNION STREET - south side between Octavia and Gough Streets; Lot 001B, in Assessor's Block 0544 - Request for Conditional Use authorization under Planning Code Sections 121.1, 303, 725.21 and 725.27 to allow a personal service use with a use size greater than 2,499 sq. ft., and to allow the proposed use to operate before 6:00 a.m. in the Union Street Neighborhood Commercial District and a 40-X Height and Bulk District. The project consists of establishing an approximately 11,300 sq. ft. gym (d.b.a. Crunch) in a space that was previously occupied by a retail-clothing store (d.b.a. Georgiou). No expansion in the building envelope is proposed, although the proposal will increase the existing floor area from 10,157 sq. ft. to approximately 11,300 sq. ft. through interior alterations. No onsite parking is proposed or required. The proposed business hours are Monday thru Thursday, 5:30 a.m. to 10:00 p.m.; Friday, 5:30 a.m. to 8:00 p.m.; Saturday and Sunday, 8:00 a.m. to 8:00 p.m.

Preliminary Recommendation: Approve with Conditions

(Continued from Regular Meeting of October 5, 2006)

NOTE: On October 5, 2006, following public testimony the Commission closed public hearing and entertained a motion to approve. The motion failed by a vote of +3 –2. Commissioners Moore and Sugaya voted no and Commissioner Alexander was absent. The item was continued to November 16, 2006 by a vote +4 –1. Commissioner Sugaya voted no. Commissioner Alexander was absent.

(Continued from Regular Meeting of November 16, 2006)

MOTION: To Approve with conditions

AYES: Antonini and S. Lee

NAYES: Alexander, Moore, Olague, and Sugaya

ABSENT W. Lee

Motion Failed

MOTION: Continue To February 1, 2007

AYES: Antonini

NAYES: Alexander, S. Lee, Moore, Olague, and Sugaya

ABSENT: W. Lee

Motion Failed

ACTION: Intent to disapprove. Final Action on February 1, 2007

AYES: Alexander, Moore, Olague, and Sugaya

NAYES: Antonini and S. Lee

ABSENT: W. Lee

G. 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.

Items 6 & 7 were taken off the Consent Calendar and were heard after item 8.

6. 2006.1000D (Tape IB) (C. JAROSLAWSKY (415) 558-6348)

10 & 12 ABBEY STREET - between 16^th and 17^th Streets; Lot 022 in Assessor's Block 3566 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of dwelling unit mergers, Permit Application No. 2006.06.30.5555, to add on to an existing two-family, two-story over garage structure and reduce the size of one residential unit from approximately 1,000 square feet to approximately 500 square feet, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and approve the project.

(Continued from Regular Meeting of November 16, 2006)

SPEAKERS

Alan, Project Designer

-This family with two children needs additional space.

-The rental unit at ground level would help them economically and give them the ability to stay in San Francisco.

ACTION Did not take discretionary review and approved the merger.

AYES Alexander, Antonini, Olague, Moore, and Sugaya

EXCUSED S. Lee

ABSENT W. Lee

7a. 2006.0388D (Tape IB; IIA) (S. MIDDLEBROOK: (415) 558-6372)

365 Douglass Street - east side between 19th and 20th Streets. Block 2699, Lot 31 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of residential demolitions, under Demolition Permit Application number 2006.02.03.3728. The proposal is to demolish the existing one-story single-family dwelling. The subject property is located in a RH-2 (Residential, Two Units) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the demolition.

(Continued from Regular Meeting of November 16, 2006)

SPEAKERS: NONE

ACTION: Following hearing, continued to February 1, 2007. The public hearing remains open and staff should send out new case material.

AYES Alexander, Antonini, Olague, Moore, and Sugaya

EXCUSED S. Lee

ABSENT W. Lee

7b. 2006.0389D (S. MIDDLEBROOK: (415) 558-6372)

365 Douglass Street - east side between 19th and 20th Streets, Block 2599, Lot 031 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new construction, under Building Permit Application number 2006.02.033732, in conjunction with the demolition of a single family dwelling under case 2006.0388D with Demolition Permit Application number 2006.02.03.3728. The proposal is to construct a new, three-story single-family dwelling. The subject property is located in a RH-2 (Residential, Two Units) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the new construction.

(Continued from Regular Meeting of November 16, 2006)

SPEAKERS: NONE

ACTION: Following hearing, continued to February 1, 2007. The public hearing remains open and staff should send out new case material.

AYES: Alexander, Antonini, Olague, Moore, and Sugaya

EXCUSED: S. Lee

ABSENT: W. Lee

8a. 2006.0073CD (Tape IB) (E. JACKSON; (415) 558-6363)

1042 Jamestown Avenue - south side, between Ingalls and Jennings, Lot 015 in Assessor's Block 4969 - Request for Conditional Use Authorization under Planning Code Sections 209.3(f) and 303 to allow the operation of a child-care facility for 13 or more children within a RH-1 (Residential, House, One-Family) District with a 40-X Height and Bulk designation. The project also includes a Mandatory Discretionary Review for the removal of two dwelling units.

Preliminary Recommendation: Approval with conditions.

(Continued from Regular Meeting of November 16, 2006)

SPEAKERS: NONE

ACTION Approved

AYES Alexander, Antonini, Moore, Olague, and Sugaya

EXCUSED S. Lee

ABSENT W. Lee

MOTION: 17341

8b. 2006.0073CD (E. JACKSON; (415) 558-6363)

1042 Jamestown Avenue - south side, between Ingalls and Jennings, Lot 015 in Assessor's Block 4969 - Mandatory Discretionary Review (DR) under Planning Commission Resolution No. 17264, requiring review of the removal of two dwelling units. The proposed project is the operation of a child-care facility for 13 or more children within a RH-1 (Residential, House, One-Family) District with a 40-X Height and Bulk designation.

Preliminary Recommendation: Do Not Take Discretionary Review and approve the project.

(Continued from Regular Meeting of November 16, 2006)

No action required by Commission. The DR concerns are already wrapped in Conditional Use findings.

• H.REGULAR CALENDAR

9. (Tape IIA) (A. JOHN-BAPTISTE: (415) 558-6547)

Informational hearing for the Commission to review and comment on the Department's proposed performance measures

SPEAKERS

Jim Ruben

-I heard during the presentation that the time frame for discretionary review would be measured from the mailing of the 311-notice.

-My experience has been that sometimes staff has declined mailing notices until multiple meetings with the neighborhood and design changes are made.

-It would not be an accurate measurement tool.

ACTION: This was an informational hearing only. No action was taken by the Commission

10. 2006.1282T (Tape IIA) (T. Tam: (415) 558-6325)

Consideration of Amendments to the Planning Code (Sections 316.2, 316.3, 316.4, 316.5, 316.7, and 316.8) - to change procedures for Planning Commission consent calendar items in the Neighborhood Commercial and South of Market districts and for live-work units in RH and RM districts.

Preliminary Recommendation: Adopt Resolution of Intention to Initiate Amendments to the Planning Code.

(Continued from Regular Meeting of November 16, 2006)

SPEAKERS: NONE

ACTION Approved initiation

AYES Antonini, S. Lee, Moore, Olague, and Sugaya

ABSENT Alexander and W. Lee

Resolution: 17342

11. 2006.0668C (Tape IIA; IIB) (A. Hesik: (415) 558-6602)

222 Columbus Avenue - northeast side between Pacific Avenue and Broadway, Lots 26-31 in Assessor's Block 0162 - Request for Conditional Use authorization to establish a financial service (d.b.a.  First Republic Bank ) of approximately 118 square feet. The financial service would consist of two automated teller machines located in the interior of the building within vacant existing ground-floor commercial space. The proposed use is not formula retail as defined in Section 703.3 of the Planning Code. There would be no physical expansion of the existing building. The site is within the Broadway Neighborhood Commercial District, Washington-Broadway Special Use District No. 1, and a 65-A-1 Height and Bulk District.

Preliminary Recommendation: Disapproval

(Continued from Regular Meeting of November 30, 2006)

SPEAKERS

Chrystal Chan, Project Sponsor

-For all the reasons presented at this Commission on September 28, we believe that this is a good project for the neighborhood.

-At that hearing, some members of the Commission recommended we go back and find other locations within the building.

-We did explore other locations and none of them would work for space and for the bank's need.

-The submittal proposal has not changed and we still believe this is a good project for the neighborhood.

ACTION Disapproved

AYES Alexander, Antonini, S. Lee, Moore, Olague, and Sugaya

ABSENT W. Lee

MOTION: 17343

12. 2005.1078C (Tape IIB) (M. GLUECKERT: (415) 558-6543)

2471 Mission Street - east side between 20^th and 21^st Streets, Lot 022 in Assessor's Block 3610 - Request for Conditional Use Authorization pursuant to Planning Code Sections 781.5 and 790.91 for a small self-service restaurant (taqueria, d.b.a.  Mi Hacienda ) in an NC-3 Zoning District within the Mission Street Fast Food Sub-District and a 50-X Height and Bulk District. The restaurant will be approximately 880 square feet and contain less than 50 seats. A retail grocery use is also proposed in conjunction with the restaurant. The retail use will occupy approximately 600 square feet and will be located at the rear of the ground floor.

Preliminary Recommendation: Approval with conditions

(Continued from Regular Meeting of November 16, 2006)

SPEAKERS

Jaime Carrion, Owner

-What we are trying to do is survive in our neighborhood and serve our community.

-I hope you will approve this.

ACTION Approved

AYES Alexander, Antonini, S. Lee, Moore, Olague, and Sugaya

ABSENT W. Lee

MOTION: 17344

13. (Tape IIB) (M. LI: (415) 558-6396)

1167 MARKET STREET (aka Trinity Plaza) - southeast corner at Eighth Street; Lots 039 and 051 through 053 in Assessor's Block 3507, and a portion of the former Jessie Street between Seventh and Eighth Streets - Initiation of a General Plan amendment related to a proposed mixed-used project containing approximately but no more than 1,900 dwelling units, approximately 91,878 square feet of usable open space, approximately 60,000 square feet of commercial space, and a garage with up to 1,450 parking spaces. The proposed amendment consists of reclassifying the height and bulk districts for the project site as shown on  Map 5 – Proposed Height and Bulk Districts and referred to in Policy 13.1 of the Downtown Area Plan of the General Plan, from 120-X, 150-S and 240-S to 160-X, 180-X and 240-S. An identical General Plan amendment, which was recommended by the Planning Commission on August 3, 2006, was disapproved by the Board of Supervisors on November 7, 2006 on the grounds that further discussion is needed on this project in order for the Board of Supervisors to approve the General Plan amendment and accompanying development agreement.

Preliminary Recommendation: Initiate General Plan amendment

SPEAKERS

Jim Ruben,

-I am really here to answer any questions you may have.

-This initiation is just to get the process started.

ACTION Approved initiation

AYES Alexander, Antonini, S. Lee, Moore, Olague, and Sugaya

ABSENT W. Lee

MOTION: 17345

I. PUBLIC COMMENT (Tape IIB)

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

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

SPEAKERS

Taisuke Ikegami

The shelter at 366 Clementina Street should come to the Planning Commission

Bryant Lively

The shelter has a nine-year lease. It would increase criminal activities.

Foster Weik

Asked the Commission to look deeply into the shelter on Clementina.

Adjournment: 6:16 P.M.

THESE MINUTES WERE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, June 28, 2007.

SPEAKERS: None

ACTION: Approved

AYES: Alexander, Olague, Antonini, W. Lee, Moore and Sugaya.

ABSENT: S. Lee

NOTE: Per Section 67.18 of the Administrative Code for the City and County of San Francisco, Commission minutes contain a description of the item before the Commission for discussion/consideration; a list of the public speakers with names if given, and a summary of their comments including an indication of whether they are in favor of or against the matter; and any action the Commission takes. The minutes are not the official record of a Commission hearing. The audiotape is the official record. Copies of the audiotape may be obtained by calling the Commission office at (415) 558-6415. For those with access to a computer and/or the Internet, Commission hearings are available at www.sfgov.org. Under the heading Explore, the category Government, and the City Resources section, click on SFGTV, then Video on Demand. You may select the hearing date you want and the item of your choice for a replay of the hearing.