San Francisco Planning Department : December 13, 2007

December 13, 2007

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, December 13, 2007

1:30 PM

Regular Meeting

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

COMMISSIONER ABSENT: None

THE MEETING WAS CALLED TO ORDER BY PRESIDENT ALEXANDER AT 1:37 P.M.

STAFF IN ATTENDANCE: Dean Macris – Director of Planning, Craig Nikitas – Acting Zoning Administrator, Amit Ghosh – Chief Planner, Corey Teague, Kate Conner, Adam Light, Michelle Glueckert, Sara Vellve, Ken Rich, Johnny Jaramillo, Lily Langlois, Sue Exline, Andres Power, Jonathan Swae, Sarah Dennis, Claudia Flores, Dan DiBartolo, 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. 2005.0336D (T. FRYE: (415) 575-6822)

252 HOLYOKE STREET - between Felton and Burrows Streets; Assessor's Block 5976, Lot 006 - Request of Discretionary Review for residential demolition to remove two 1906 Earthquake Refugee Shacks from the property to allow for their preservation at alternate locations, to demolish the non-historic additions, and to construct a new single-family dwelling. The property is located within an RH-1 (Residential, Single-Family) District with a 40-X Height and Bulk District. The Zoning Administrator will hear a related rear yard variance request for 908 Page Street, Case #2007.1279V Assessor's Block, 1217 Lot 002 to relocate one of the shacks in a required rear yard setback.

Preliminary Recommendation: Do not take Discretionary Review and Approve Project

(Proposed for Continuance to January 10, 2008)

SPEAKERS: None

ACTION: Continued as proposed

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

2a. 2006.0660BEKX (C. NIKITAS: (415) 558-6344)

100 CALIFORNIA STREET - northwest corner at Davis Street, a through-lot to Sacramento Street, Lot 017 in Assessor's Block 0236 - Review under Planning Code Section 295 of a proposed addition of approximately 72,900 square feet in six stories to an existing 12-story office building with an additional 1,530 square feet of new ground-floor retail space, requiring exceptions to Planning Code standards for off-street freight loading, building bulk and shadowing of public parks - in a C-3-O (Downtown Office) District and a 350-S Height and Bulk District.

Preliminary Recommendation: Find that the new shadow cast is not adverse.

(Proposed for Continuance to January 17, 2008)

SPEAKERS: None

ACTION: Continued to January 24, 2008

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

2b. 2006.0660BEKX (J. MILLER: (415) 558-6344)

100 CALIFORNIA STREET - northwest corner at Davis Street, a through-lot to Sacramento Street, Lot 017 in Assessor's Block 0236 - Review under Planning Code Section 309 of a proposed addition of approximately 72,900 square feet in six stories to an existing 12-story office building with an additional 1,530 square feet of new ground-floor retail space, requiring exceptions to Planning Code standards for off-street freight loading, building bulk and shadowing of public parks - in a C-3-O (Downtown Office) District and a 350-S Height and Bulk District.

(Proposed for Continuance to January 17, 2008)

SPEAKERS: None

ACTION: Continued to January 24, 2008

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

2c. 2006.0660BEKX (J. MILLER: (415) 558-6344)

100 CALIFORNIA STREET - northwest corner at Davis Street, a through-lot to Sacramento Street, Lot 017 in Assessor's Block 0236 - Request for allocation of approximately 72,900 square feet of new office space pursuant to Planning Code Sections 321 and 322 -- in a C-3-O (Downtown Office) District and a 350-S Height and Bulk District.

(Proposed for Continuance to January 17, 2008)

SPEAKERS: None

ACTION: Continued to January 24, 2008

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

3a. 2007.0448DDDV (E. WATTY: (415) 558-6620)

456 Urbano Drive - west side between Alviso and Moncada Way; Lot 010 in Assessor's Block 6916 - Request for Discretionary Review of Building Permit Application No.'s 2006.05.09.1110 proposing to construct a one-story vertical addition, a horizontal front addition, and a two-story horizontal rear addition to the existing single-family detached dwelling, and of Building Permit Application No. 2007.10.18.5822 proposing to legalize a rear addition made to the noncomplying detached garage. The garage expansion is pending approval of Case No. 2007.0448DDDV requesting a rear yard and noncomplying structure variance. The property is located in an RH-1 (D) (Residential, House, One-Family) (Detached) Zoning District and 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve with modifications.

(Proposed for Continuance to December 20, 2007)

SPEAKERS: None

ACTION: Continued as proposed

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

3b. 2007.0448DDDV (E. WATTY: (415) 558-6620)

456 Urbano Drive - west side between Alviso and Moncada Way; Lot 010 in Assessor's Block 6916 - Request for a Variance from Planning Code Sections 134 and 188, to legalize an addition made to the rear of a legal noncomplying detached garage, located in an RH-1(D) (Residential House, One-Family) (Detached) Zoning District and 40-X Height and Bulk District.

Note: To be decided by the Zoning Administrator.

(Proposed for Continuance to December 20, 2007)

SPEAKERS: None

ACTION: Continued as proposed

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

4. 2007.0922C (S. Young: (415) 558-6346)

1926 LOMBARD STREET - north side between Webster and Buchanan Streets; Lot 006 in Assessor's Block 0493 - Request for Conditional Use Authorization under Sections 186.1(e), 712.45, and 303 of the Planning Code to allow the transfer of ABC License Type 21 from 1600 Lombard Street (previously Goldmine Liquors) to 1926 Lombard Street (d.b.a. Luigi's Delicatessen) in an NC-3 (Moderate-Scale) Neighborhood Commercial District and a 40-X Height and Bulk District. The proposal is to add off-sale liquor sales to an existing grocery store (with accessory deli) for the sale of beer, wine, and distilled spirits. The proposal will not involve an expansion of the existing building envelope.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of November 8, 2007)

(Proposed for Continuance to December 20, 2007)

SPEAKERS: None

ACTION: Continued as proposed

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

5. 2007.0916C (C. TEAGUE: (415) 575-9081)

52-54 DORE STREET - southwest side, between Howard and Folsom Streets, Lots 042 and 043 in Assessor's Block 3518 - Request for Conditional Use Authorization pursuant to Planning Code Sections 816.18, 816.21 and 303 for a change of use of a 2-story, approximately 12,750 square feet building from light manufacturing to a residential care facility and social service provider (Progress Foundation) within an SLR (Service, Light Industrial, Residential) Zoning District and a 50-X Height and Bulk designation. The proposal is to offer a short-term residential care, urgent care, and community placement facility with no exterior expansion of the existing building.

Preliminary Recommendation:

(Proposed for Continuance to January 24, 2008)

SPEAKERS: None

ACTION: Continued as proposed

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

6. 2005.1066E: (D. LEWIS: (415) 575-9095)

2800 SLOAT BOULEVARD - north side of Sloat, between 46^th and 47^th Avenues, Lot 001 in Assessor's Block 2515 - Appeal of Preliminary Mitigated Negative Declaration for a project proposing the demolition of three existing commercial buildings and a 34-space parking lot, and the construction of three new mixed-use, five-story, 60-foot-tall buildings totaling approximately 120,000 gross square feet (gsf). The project would include 56 dwelling units, approximately 23,000 gsf of ground-floor commercial uses, and 93 off-street parking spaces. The three existing commercial buildings on the project site proposed for demolition include a retail shop (Aqua Surf Shop), restaurant/café (John's Ocean Beach Café), and a motel (Robert's Motel). The project site is within the NC-2 (Small-Scale Neighborhood Commercial) zoning district and a 100-A height and bulk district.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

(Proposed for Continuance to February 14, 2008)

SPEAKERS: None

ACTION: Continued as proposed

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

7. 2007.1111T (A. RODGERS: (415) 558-6395)

AMENDMENTS REPEALING PLANNING CODE SECTION 825.1 and AMAENDING PLANNING CODE SECTIONS 135, 309.1, 318.3, 809, 825, and 827. Ordinance introduced by Supervisor Daly to apply many of the provisions of the Rincon Hill Downtown Mixed Use Zoning District to all Downtown Residential Districts and to add design requirements to enhance the pedestrian environment, making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval.

(Proposed for Indefinite Continuance)

SPEAKERS: None

ACTION: Continued as proposed

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

PLEASE NOTE: The Planning Commission has temporarily altered the Order of Business for this hearing. COMMISSIONERS QUESTIONS AND MATTERS and DIRECTOR'S REPORT will follow item 13 – EASTERN NEIGHBORHOODS PROGRAM

F. GENERAL PUBLIC COMMENT – 15 MINUTES (Tape IA)

SPEAKERS

Ernestine Weiss [Regarding EIR on 8 Washington Street]

- It is about luxurious condominiums of 170 units with a 520 space underground garage. It is incompatible with the Embarcadero traffic as stands now.

- That plan would destroy the most beautiful part of the Waterfront that is diagonally across from the Ferry Building.

- Please consider not approve it when it comes to the Commission because that should remain as an open space. Do not take away recreational facilities that people need.

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.

8. 2007.0932D (Tape IA) (A. BEN-PAZI: (415) 575-9077)

953 MISSION STREET - south-east side between 6^th and Mary Streets, Lot 088 in Assessor's Block 3725 - Mandatory Discretionary Review of proposal to maintain operation of an existing medical cannabis dispensary (dba Alternative Patient Caregivers ) of approximately 263 square feet. There is no smoking on the premises. There will be no physical expansion of the existing building or commercial space. The property is within a C-3-S (Downtown Support) District and a 160-F Height and Bulk District.

Preliminary Recommendation: Do not take discretionary review and approve the project as proposed

SPEAKERS: None

ACTION: Did not take Discretionary Review and Approved

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

C. REGULAR CALENDAR

9. 2007.1196D (Tape IA) (C. TEAGUE: (415) 575-9081)

248 San JoseAvenue - west side between 24th Street and 25th Street; Lot 008 in Assessor's Block 6513 - Mandatory Discretionary Review of Building Permit Application No. 2007.09.04.1704, proposing to remove an existing studio dwelling unit on the second floor by merging it with the existing one-bedroom dwelling unit on the same floor in a RM-2 (Residential, Mixed, Moderate Density) District and a 40-X Height and Bulk District. The project would reduce the total number of dwelling units in the building from five to four. Minor interior work is included, but no exterior renovation or expansion is included. The proposal requires a Mandatory Discretionary Review for the removal of a dwelling unit.

Preliminary Recommendation: Do not take Discretionary Review and Approve Project.

SPEAKERS

David Rosenfeld, Project Sponsor

- My family lives in a one bedroom apartment. We would like to merge with the vacant studio adjacent mainly to provide space for our son.

- We have strong roots here and we want to raise our son in the City.

- We should not be penalized for the actions of developers that make mergers for profitable reasons.

- [Submitted a letter from the tenant of the studio stating that they moved out voluntarily.]

Mark

- I'm in support because the place is small for their family and no one is being displaced.

ACTION: Did not take Discretionary Review and Approved

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

10. 2006.0847D (Tape IA) (K. CONNER: (415) 575-6914)

2071 43^RD AVENUE - west side between Quintara Street and Pacheco Street; Lot 018 in Assessor's Block 2163 - Request for Discretionary Review of Building Permit Application No. 2006.02.23.5225, proposing construction of a third-story horizontal and vertical addition to a two story dwelling in a RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve the project with modifications.

(Continued from Regular Meeting of November 8, 2007)

SPEAKERS

Heng Tay, Discretionary Review Requestor

- I was invited to attend a review for this project and could not attend.

- I put in writing to the project designer my concerns on sunlight obstruction and the devaluation of property.

- I object to the third story and support the second story for the accommodation of their family's need.

- Our assessment shows that the project is out of scale and not compatible with the neighborhood.

- With the new proposed expansion, the house would have two additional bedrooms and four extra rooms that are not fully disclosed in the respond to my request.

Sung Choung, Project Sponsor

- I need more space to accommodate my family. We have a need for more rooms.

Hawk Lee, Architect

- The owners want to remodel the building for their son and daughters to be married and cannot find housing in San Francisco.

- We have modified the project. From the street view you would not be able to see the third floor.

- This project is compatible with the neighborhood.

Michelle

- The current space is very small and housing in the City is so difficult to buy. My brother decided to remodel instead.

ACTION: Took Discretionary Review and Approved as modified and amended:

-Eliminate the third floor.

-Reduce 5 feet from the depth of the rear addition.

-Parapet on the second level remains.

-Project sponsor to continue working with staff on design.

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

11. 2007.0929C ( Tape IA ; IB) (M. GLUECKERT (415) 558-6543)

855 HARRISON STREET - south side between 4^th Street and 5^th Street, Assessor's Block 3761, Lot 002 - Request for Conditional Use Authorization under Planning Code Sections 303 and 803.6 to allow a new formula retail use (d.b.a. TJ Maxx ) within the Western SOMA Special Use District in a SLI (Service/Light Industrial) Zoning District and a 30-X Height and Bulk District. The proposal will not result in expansion of the existing building envelope.

Preliminary Recommendation: Approval with Conditions

SPEAKERS

Sarah, Project Sponsor Representative

- This would be the first TJ Maxx San Francisco Store.

- The landscaping features that we are planning to add to the project would be planter boxes and trees to separate the parking lot from the sidewalk on the 5^th Street highway entrance.

Eric, Real State Director for TJ Maxx

- It is a national retail store offering brand name shoes and items for the home.

- The proposal includes tenant improvement to the interior of the existing building, additional street front display cases, repainting of the exterior, alteration of the Harrison Street front elevation, and landscaping of the parking lot.

Dean – Project Architect

- Showed photographs of the existing condition of the property.

- The design concept that we came up with will enhance the building tremendously.

ACTION: Approved with conditions as amended

-Project Sponsor to continue working with staff on the window display issues so as not to be aggressive.

-Western SoMa Task Force is to continue being part of the discussions.

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

MOTION: 17519

12. 2004.0773E!MTZC (Tape IB) (S. VELLVE: (415) 558-6263)

55 LAGUNA STREET (aka 218 – 220 Buchanan Street) most of the blocks bound by Laguna, Haight, Buchanan and Hermann Streets, Lots 1, 2 and a portion of Lot 3 in Assessor's Block 870 and Lots 1 and 1A in Assessor's Block 857 - Consideration of a Resolution of Intention to initiate amendments to the Market and Octavia Area Plan element of the General Plan to amend Map 1 – Land Use Districts and Map 3 - Height Districts. Amendment to the Housing element, Residence element and Land Use Index of the General Plan to amend Map 2 – Generalized Residential Land Use Plan and Map 3- Residential Density Plan. The proposal is to construct seven (7) new buildings and adaptively reuse three (3) existing buildings to create approximately 330 dwelling units, a large institutional residential care facility to accommodate senior residents (operated by openhouse ), approximately 12,000 square feet of community facility space, no more than 4, 9999 occupied square feet of commercial/retail space, and approximately 300 off-street parking spaces. The project would include construction of an approximately 25,000 square foot publicly-accessible park on the former Waller Street right-of-way and a community garden of approximately 10,000 square feet. The existing University of California Extension site is located in a P (Public) Zoning District and 80-B and 40-X Height and Bulk Districts. Conditional Use authorization is required to locate a community facility in an R (Residential) District pursuant to Planning Code Section 209.4, to develop lots in excess of 10,000 square feet in an NC-3 District pursuant to Planning Code Sections 712.11 and 121.1 and to develop a non-residential use in excess of 5,999 square feet in an NC-3 District pursuant to Planning Code Sections 712.21 and 121.2. Conditional Use authorization is also required pursuant to Planning Code Section 304 for a Planned Unit Development (PUD) for exceptions to modify the location of the required rear yard, to modify dwelling unit exposure for approximately 8 dwelling units, and to modify compliance with the dimension provisions of Section 135(g)(2) for common open space. The property is located within a P (Public) District and 40-X and 80-B Height and Bulk Districts.

Preliminary Recommendation: Approve a draft Resolution of Intention to initiate amendments to the General Plan.

SPEAKERS

ArnoldPrice, Owner of Hispanic Building

- I'm opposed to the change because it is going to impact the neighborhood negatively. With so many affordable housing in process in the area we would loose our view.

David Winslow

- Asked the commission to consider a continuance of this matter to January next year to have the Market – Octavia Plan indeed resolved, and to give people a chance to comment because of the holidays.

Tes Welborn

- There are many considerations that we want to talk about - like parking and density - and there is no need to rush on something with such short notice.

Cynthia Servetnick

- We are looking at what might be the best way for some kind of a better project on the site.

- I'm concerned that the project does not have a high rate of below market inclusionary housing.

Lynne Creighton

- This should be continued because this is an important site and needs more discussion to increase the public affordable housing rate, more open space, and less parking.

Robin Levitt

- I have concerns about traffic; amount of parking is high; affordable housing is low and these things should be looked at very carefully if indeed the project is going through.

Steve Vettel

- This is an action to initiate, to set a hearing date. By moving it you are not making any other decision.

ACTION: Approved initiation with the public hearing on January 17, 2008

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

MOTION: 17520

4:00 P.M.

(Tapes IB; IIA; IIB; IIIA)

(K. RICH (415) 558-6345)

13. EASTERN NEIGHBORHOODS PROGRAM - The Eastern Neighborhoods Program encompasses the Mission, Central Waterfront, East SoMa and Showplace Square/Potrero Hill. Planning staff, together with City Agency partners, will hold an informal discussion session with the Planning Commission to discuss and answer questions on the Final Public Review Draft Area Plans, due to be released on December 1st. (This session is expected to last several hours and will include opportunities for public comment. A general agenda for the session will be available at easternneighborhoods.sfplanning.org several days before the hearing.)

Preliminary Recommendation: No action requested (informational item)

SPEAKERS

Calvin Welch, Council for Community Housing Organizations

- I certainly support the objective of trying to increase rental housing. I believe that the need is for affordable rental housing and not necessarily market rate.

- I think there is a missing aspect to the housing proposals of the Mayor's Office of Housing and that is the impact of rezoning on already established neighborhoods in the Mission and Potrero Hill.

- Basically what we are looking at is a proposal to do large new construction on formally industrial land. This is the Mayor's Office affordable housing program for the Eastern Neighborhoods.

- What we are being offered in Potrero Hill and the Mission by this plan is either a limited number of new constructed permanent affordable units or ownership units.

- We have asked the Mayor's Office Housing to take a very strong look at acquisition and rehabilitation of existing buildings in existing neighborhoods in order to offer some deep affordability for existing residents.

- If we can not produce enough rental units, how do we make a dent by producing 150 percent of median affordable ownership housing?

- There is no State or Federal subsidy program to build affordable units for 100 to 120 percent of median income.

Brett Gladstone

- I'm representing some property owners in the former industrial protection zoning in the Mission.

- Examination of every permit is going to take a long time to figure out. And then there is a lot of time at the Board of Appeals.

- You should look at an amnesty program for those businesses that are there already.

- Questioned the 25 percent industrial office use in the City versus 33 percent at South of Market. Why not increase that 25 percent?

Fred Snyder

- This is the best dialogue that I have heard in eight years and hope that you not let it stop here.

- I'm concerned about loosing jobs in the Eastern Neighborhoods.

Joe Boss

- I'd like to see more examination of the affordable rental housing.

- We need some sort of system to help families who cannot afford to move out from under-occupied housing and allow reusing those buildings with people that need that space.

Shawn Kinker

- There are serious flaws in this plan. The development community is willing to participate where value is added. As it is right now there are very few sites with that added value.

Bob Meyers

- The new zoning is based on two huge incorrect assumptions: preserving and attracting PDR, and creating affordable or moderate housing are not viable.

- Why are the few projects in the pipeline for a long time carrying the affordability burden?

Dake

- It is not logical to restrict the amount of space to a lower percentage as the building gets higher. PDR space is best to be on the ground floor.

[Inaudible]

- We need to look at 16^th Street as a neighborhood corridor because it is wide and goes all the way up to the Third Street rail.

Greg Miller

- You should direct staff to look very carefully at increasing height limits and affordable housing in East SoMa with all the improvements in the area it could hold more density developments in a meaningful way.

Brat

- Asked the Commission to direct staff to look at how many businesses do not have permits and look at ways to minimize displacement of companies, especially the ones that are growing and benefit the economy of the City.

Judy

- Requested a 90 day extension - pass the January 10, 2008 deadline for public comments.

ACTION: No action is required of the Commission.

The next hearing is to be held on January 24, 2008 and the public comment period is extended to January 30, 2008

D. COMMISSIONERS' QUESTIONS AND MATTERS (Tape IIIA; IIIB)

14. 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 S. Lee

- When I was President of this Commission, I was designated the Ex-officio Commissioner at the Art Commission and I am no longer in that position and do not serve in any capacity with them.

- I asked President Alexander to make the appropriate change and designation and he has already done so.

Commissioner Sugaya

- I was at a Japantown workshop several Saturdays ago and we were presented designs for a residential tower at Gough and Post as well as several concept designs for the Japan Center.

- With respect of the high rise tower, can we have staff give us a report as to where that is within the process?

Craig Nikitas, Acting Zoning Administrator

- To my knowledge, and we could verify it for next week, all we have on file for that project is an environmental application. We will let you know the status of the environmental review.

- No other entitlement request has been filed.

Commissioner Sugaya

- Secondly, and back to the Japantown Better Neighborhood Program, there has been some discussion that I mentioned to Mr. Rich about perhaps extending the boundaries down to Fillmore Street, to the substation site or a little bit further to the south, and also to include the Safeway site.

E. DIRECTOR'S REPORT (Tape IIIB)

15. Director's Announcements

Craig Nikitas, Acting Zoning Administrator

- There is some sad news. On Sunday, Robert Feldman passed away.

- He spent 12 years at the Planning Department and the last 22 years as Director of the Board of Appeals.

- He was well loved and a very interesting and good hearted gentleman. His funeral was today.

- It is a very sad loss for the City.

16. Review of Past Week's Events at the Board of Supervisors and Board of Appeals

Craig Nikitas, Acting Zoning Administrator

Board of Supervisors

NONE

Board of Appeals:

A.- 376 Eureka Street: There were 7 Discretionary Reviews on this before this Commission. The Categorical Exemption was appealed to the Board of Supervisors. In the meantime the Board of Appeals continued the item pending resolution of the Environmental Appeal.

B.- 652 Duncan Street: There were 10 Discretionary Reviews on this before this Commission. The Categorical Exemption was appealed to the Board of Supervisors and the Board of Appeals continued the item pending environmental resolution.

C.- 515 Hill Street: There were 2 Discretionary Review on this on before this Commission. The Board of Appeals agreed with the Commission that the project was modest and complies with the residential guidelines. Permit was upheld.

Linda Avery, Commission Secretary

- Requested that the Commission adjourn today's meeting in memory of Robert Feldman.

President Alexander granted the request.

17. (M. SNYDER: (415) 575-6891)

CANDLESTICK/49ers PROJECT - Informational presentation on the integrated development of Candlestick Point and Parcels A-3 and B-E of the Hunters Point Shipyard.

SPEAKERS: None

ACTION: Without hearing, continued to December 20, 2007

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

G. PUBLIC COMMENT ON AGENDA ITEMS WHERE THE PUBLIC HEARING HAS BEEN CLOSED

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

None

H. CONSIDERATION OF FINDINGS AND FINAL ACTION – PUBLIC HEARING CLOSED

(PLEASE NOTE: The public hearing for items 18a-c was reopened)

18a. 2006.1248KXCV(Tape IIB) (D. DIBARTOLO: (415) 558 -6291)

55 NINTH STREET - east side between Market and Mission Streets; Lot 063 in Assessor's Block 3701 - Request for a Section 309 Determination of Compliance and Request for Exceptions. The proposed project is to construct a 17 story, approximately 205 foot tall (including mechanical penthouses) new mixed-use building at the existing vacant lot, containing approximately 260 dwelling units, approximately 3,000 square feet of ground level commercial space, and a garage with a capacity of up to 113 parking spaces (98 residential spaces and 15 commercial spaces). The project requires separation of towers, rear yard, comfort-level wind, parking, and bulk exceptions pursuant to Section 309(a). The project site is located within a C-3-G (Downtown General Commercial) District and a 200-S Height and Bulk District.

Preliminary recommendation: Approval with Conditions

(Continued from Regular Meeting of November 8, 2007)

NOTE: On November 8, 2007, following public testimony, the Commission entertained a motion to approve with amended conditions. Motion failed by a vote of +2 -4. Commissioners S. Lee, Moore, Sugaya and Olague voted no. Commissioner Alexander was absent. The matter was continued to December 13, 2007 for final action by a vote +5 -1 Commissioner Sugaya voted no. Commissioner Alexander was absent.

SPEAKERS

Andrew Junius, Representing Project Sponsor

- We were here a month ago and you gave us assignments.

- We worked with the Quakers' Meeting on them five times this past month and they withdraw their opposition. We have a written statement of their support.

- We have moved the garage about 140 feet the other way to the north towards Market Street. That is a significant improvement for the Quakers' in terms of noise, traffic and safety concerns.

- In doing this, we had to reconfigure the garage and we are looking at a split garage with 16 spaces served directly off Laskie Street and 90 spaces served by the main garage off 9^th Street.

- We did research and reconfirmed that Laskie Street is too narrow to handle two-way traffic.

- Anca' [Project Sponsor] is willing to work with the City and adjacent property owners on Laskie Street to improve that street.

Silvia Johnson

- I am willing to work with organizations to improve Laskie Street and have some sketches that I would bring to the property owners.

David

- Thanked everybody's work. The conversations with the project sponsor have been cordial and we fully support the project.

ACTION: Approved with conditions as modified and stated by the Project Sponsor's representative regarding the Laskie Street right of way and interact with City agencies and develop their proportion or share of the improvements.

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

MOTION: 17521

18b. 2006.1248KXCV (D. DIBARTOLO: (415) 558 -6291)

55 NINTH STREET - east side between Market and Mission Streets; Lot 063 in Assessor's Block 3701 - Request for Conditional Use Authorization to allow additional square footage above the base FAR of 6.0 to 1 for dwelling units that will be affordable for a minimum of 20 years to households whose incomes are within 150 percent of the median income, for the project described in item above.

Preliminary recommendation: Approval with conditions

(Continued from Regular Meeting of November 8, 2007)

SPEAKERS: Same as those listed on item 18a

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

NAYES: Sugaya

MOTION: 17522

18c. 2006.1248KXCV (D. DIBARTOLO: (415) 558 -6291)

55 NINTH STREET - east side between Market and Mission Streets; Lot 063 in Assessor's Block 3701 – in connection with the mixed-used project described in item above. The request for variances will be considered by the Zoning Administrator.

(Continued from Regular Meeting of November 8, 2007)

NOTE: On November 8, 2007, following public testimony the Zoning Administrator continued this item to December 13, 2007.

SPEAKERS: Same as those listed on item 18a

ACTION: Acting Zoning Administrator closed the public hearing and granted the variances

I. PUBLIC COMMENT (Tape IIIB)

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))

SPEAKERS

Michael Burnside

- As you consider the future of the City, you need to understand that there are many people like me that can not afford living here while making a $2,000 monthly salary.

- I thought your children at school and I do not own a property here.

Silvia Johnson

- It is very important to take it easy and you will see that the process would be better for our world and have a better understanding of why new construction is very important for the future.

David

- Based on my experience with 9^th Street project presented today, I'm concerned about the way the Planning Department conducts its business for the people of San Francisco regarding the lack of general assessment of cumulative impacts as buildings go up around the neighborhoods.

Adjournment: 8:39 P.M.

In memory of Robert Feldman

THESE MINUTES WERE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, January 17, 2008.

SPEAKERS: None

ACTION: Approved

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

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.

Last updated: 11/17/2009 10:00:31 PM