September 18, 2008

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, September 18, 2008

1:30 PM

Regular Meeting

COMMISSIONERS PRESENT: Olague, Antonini, Borden, Lee, Moore and Sugaya

COMMISSIONERS ABSENT: Miguel

THE MEETING WAS CALLED TO ORDER BY PRESIDENT OLAGUE AT 1:35 P.M.

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Larry Badiner – Zoning Administrator, AnMarie Rodgers, Tara Sullivan-Lenane, Sharon Young, Elizabeth Watty, Jamie Dean, Paul Lord, Tim Frye, Tom Wang, and 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.

1. 2008.0782T (T. SULLIVAN-LENANE: (415) 558-6257)

Amendments relating to Planning Code Sections 725.1 and 725.42 of the Union Street Neighborhood Commercial District [Board File No. 08-0872] - Ordinance introduced by Supervisor Alioto-Pier amending Planning Code Sections 725.1 and 725.42 of the Union Street Neighborhood Commercial District to provide for a limited number of new full-service restaurant and liquor licenses that satisfy specific requirements and obtain conditional use authorization, 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 Continuance to September 25, 2008)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

2. 2008.0980T (A. RODGERS: (415) 558-6396)

Providing for a Five FOOt Special Height Exception for Active Ground Floor Uses in Neighborhood Commercial Districts Board File No. 081100 - This Ordinance introduced by Supervisor Sandoval would Section 263.20 to provide for a special height exception for ground floor uses in the Neighborhood Commercial Districts; amending Sections 703.1, 710.1, 711.1, 712.1, 713.1, 714.1, 715.1, 716.1, 717.1, 718.1, 719.1, 720.1, 721.1, 722.1, 723.1, 724.1, 725.1, 726.1, 727.1, 728.1, 729.1, 731.1, 731.1, 732.1, to refer to this special height exception; adopting findings, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

Preliminary Recommendation: Approval

(Proposed for continuance to October 2, 2008)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

3a. 2006.0826CV (K. GUY: (415) 558-6163)

1946 Polk Street - southeast corner at Pacific Avenue, Lot 024 of Assessor's Block 0596 - Request for Conditional Use Authorization to allow development on a lot exceeding 10,000 square feet, to reduce parking requirements, and to grant an exception to bulk requirements. The proposed project is to demolish an existing 1.5-story retail building and surface parking lot and construct a new 6-story mixed-use building containing approximately 39 dwelling units, approximately 38 parking spaces, and approximately 2,300 square feet of ground-floor retail space. The project site is located within the Polk Street Neighborhood Commercial District, and a 65-A Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to October 2, 2008)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

3b. 2006.0826CV (K. GUY: (415) 558-6163)

1946 Polk Street - southeast corner at Pacific Avenue, Lot 024 of Assessor's Block 0596 - Request for a Modification of Rear Yard Requirements within a Neighborhood Commercial District. The proposed project is to demolish an existing 1.5-story retail building and surface parking lot and construct a new 6-story mixed-use building containing approximately 39 dwelling units, approximately 38 parking spaces, and approximately 2,300 square feet of ground-floor retail space. The project site is located within the Polk Street Neighborhood Commercial District, and a 65-A Height and Bulk District. The Zoning Administrator will consider the request for modification of rear yard requirements concurrently with the Planning Commission's consideration of the conditional use authorization at this same hearing.

(Proposed for Continuance to October 2, 2008)

SPEAKERS: None

ACTION: The Zoning Administrator continued this item as proposed

4. 2007.1380D (A. STARR: (415) 558-6362)

3512 CLAY STREET - north side between Locust and Laurel Streets, Lot 005 in Assessor's Block 0995 - Staff-Initiated Discretionary Review of Building Permit Application No. 2007.05.24.2211 proposing to add a basement garage by removing a portion of the rounded bay on the left side of the front façade and excavating an area of the front setback of the existing three-story, single-family residence in an RH-1 (Residential, House, Single-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and Deny the Project.

(Proposed for Continuance to October 2, 2008)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

5. 2005.0142E (B. Bollinger: (415) 575-9024)

733 27^th Avenue - The proposed project is located at 733 27^th Avenue (Assessor's Block 1617, Lot 003) in the Outer Richmond neighborhood. Appeal of a Preliminary Mitigated Negative Declaration. The existing two-story building is approximately 1,848 square feet in size, 23'-9 in height, and has one off-street parking space. The proposed project would construct a horizontal addition that would extend the existing building about six feet to the north property line and 18 feet west into the rear yard and a vertical addition that would add a third floor to the existing building. The proposed horizontal and vertical additions would add approximately 2,850 square feet to the existing 1,848-square-foot building and would remain a two-unit residence. The proposed building would be a three-story, approximately 4,698-square-foot building with two off-street parking. The project site is within an RH-2 (Residential House, Two-Family) zoning district and within a 40-X height and bulk district.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

(Continued from Regular Meeting of June 5, 2008)

(Proposed for Continuance to October 16, 2008)

SPEAKERS: Gary Gee, Doug Schultz, Cheryl Schultz, Rose Hillson, Jean Barish

ACTION: Continued to November 13, 2008

AYES: Olague, Antonini, Borden, Lee and Moore

EXCUSED: Sugaya

ABSENT: Miguel

6a. 2007.1399D (G. CABREROS: (415) 558-6169)

3157 STEINER STREET - west side between Greenwich and Filbert Streets, Lot 002 in Assessor's Block 0514 - Mandatory Discretionary Review, pursuant to Planning Code Section 317, of Building Permit Application No. 2007.05.25.2336 proposing the de facto demolition of a two-story, single-family residence and new construction of a three-story, two-unit building in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve

(Proposed for Continuance to October 16, 2008)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

6b. 2008.0716D (G. CABREROS: (415) 558-6169)

3157 STEINER STREET - west side between Greenwich and Filbert Streets, Lot 002 in Assessor's Block 0514 - Request for Discretionary Review of Building Permit Application No. 2007.05.25.2336 proposing the de facto demolition of a two-story, single-family residence and new construction of three-story, two-unit building in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve.

(Proposed for Continuance to October 16, 2008)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

From Addendum:

2006.1485V (G. CABREROS: (415) 558-6169)

2734 Baker Street - east side between Filbert and Union Streets, Lot 051 in Assessor's Block 0947 -- Request for a rear yard variance pursuant to Planning Code Section 134 proposing to construct a one-story-over-basement rear addition to an existing three-story, two-unit building in an RH-2 (Residential, House, Two Family) Zoning District and a 40-X Height and Bulk District.

(Proposed for continuance to October 16, 2008)

SPEAKERS: None

ACTION: The Zoning Administrator continued this item as proposed

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: Tenants and Richard Hanlin

C. REGULAR CALENDAR

7. 2008.0910U (A. RODGERS: (415) 558-6396)

Requiring Air Quality Assessment and Ventilation for Certain Urban Infill Residential Developments Board File No. 080934 - This Ordinance introduced by Supervisor Ammiano would amend the San Francisco Health Code by adding a new Article 38 to require air quality assessment and ventilation for certain urban infill residential developments within the  Potential Roadway Exposure Zone as determined by the Director of Public Health; amending the San Francisco Building Code by adding a third paragraph to Section 1203.5 and amending the San Francisco Mechanical Code by adding new Section 419 to require special ventilation systems for certain urban infill residential developments; making environmental findings; adopting findings of local conditions pursuant to California Health and Safety Code Section 17958.7, and directing the Clerk of the Board of Supervisors to forward this Ordinance to the California Building Standards Commission.

Preliminary Recommendation: Pending.

SPEAKERS: None

ACTION: Approved per staff modifications

AYES: Olague, Borden, Lee and Sugaya

NAYES: Antonini and Moore

ABSENT: Miguel

RESOLUTION: 17697

8. 2008.0781T (T. SULLIVAN-LENANE: (415) 558-6257)

Amendments to Planning Code by amending Section 722: North Beach Neighborhood Commercial District [Board File No. 08-0696] - Ordinance introduced by Supervisor Peskin amending the San Francisco Planning Code by adding new Section 780.3, to create the North Beach Special Use District; amending Section 7 81.6, to include Limited Financial Services and Business or Professional Services in the North Beach Financial Subdistrict; amending Section 722.1 and the Zoning Control Table in Section 722 to reflect the new controls for the North Beach Neighborhood Commercial District, including limiting the establishment of new bars and restaurants in the North Beach Neighborhood Commercial District in locations occupied by basic neighborhood sales or services, and allowing restaurants to obtain liquor licenses if they operate as bona-fide eating places; adding new Section 790.93, to create the new zoning category of Specialty Food, Self-Service; adding new Section 790.142, to create a new definition of Bona Fide Eating Place; amending Section 790.102 to allow general grocery stores to occupy less that 5,000 gross square feet, to modify the definition of specialty grocery stores, and to clarify that off-sale beer, wine and liquor sales are allowed within accessory limits in general and specialty grocery stores; amending Sections 790.34, 790.55, 790.90, 790.91, 312. 303, 218.2, 703.2, 803.2, 803.3, 121.2, and 186.1, to reflect the changes created by the new Sections 790.93, 790.102, and 790.142, and to make conforming amendments; amending Sections 710.1, 711.1, 712.1, 713.1, 714.1, 715.1, 716.1, 717.1, 718.1, 719.1, 720.1, 721.1, 722.1, 723.1, 724.1, 725.1, 726.1, 727.1, 728.1, 729.1, 730.1, 731.1, 732.1, 733.1, to refer to new Section 790.93; and adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval.

SPEAKERS: Mike Denunzio, Chuck Thomas, Kathryn Newberg, Joel Campos, Patricia Cady, Marsha Garland, Ursula Arvand, Russell Naylor, Kevin Westlye, Joan Wood, Jean Fossman, Pat Christensen, Joseph Butler, Richard Hanlin, Tan Chow, Gail Switzer, Daniel Mallhiarim, Mary Lipian, Audrey Temaselli, June Osterberg, Andy Katz, Judy Irving, Lynnet Pregel, Katie Hopkins, Kathloen Dooley, Stefano Cassolato, Brett Gladstone, Katherine Petrin, Lynn Jefferson, Paul Wermer, Robert Bardell, Lee Goodin

ACTION: Approved with the Pagoda Theater grandfathered

AYES: Olague, Borden, Moore and Sugaya

NAYES: Antonini and Lee

ABSENT: Miguel

RESOLUTION: 17698

9. 2007.1426C (S. Young: (415) 558-6346)

1800 HAIGHT STREET - northwest corner of Haight and Shrader Streets; Lot 004 in Assessor's Block 1228 - Request for Conditional Use Authorization under Sections 719.56 and 303 of the Planning Code to legalize the establishment of a public parking facility (dba Haight Street Parking Lot) on an approximately 79.5 feet by 100 feet vacant portion of the subject lot, the remainder of which is occupied by a one-story medical and commercial building. The proposal will provide up to 20 parking spaces during the hours of operation of 7 a.m. to 2 a.m.; of which, 10 parking spaces will be designated for use if needed by the medical clinic (dba RAI Care Center) and retail store (dba Skates on Haight) on the subject lot between the hours of 7 a.m. to 9 p.m. Vehicular access to the parking lot currently is from Shrader Street. The subject property is within the Haight Street Neighborhood Commercial District, the Haight Street Alcohol Restricted Use Subdistrict, and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions.

(Continued from Regular Meeting of September 11, 2008)

SPEAKERS: Stephen Gildersleeve

ACTION: Approved with modifications

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

MOTION: 17699

10. 2008.0793C (S. Young: (415) 558-6346)

6901 GEARY BOULEVARD - - southwest corner of Geary Boulevard and 33rd Avenue; Lot 001 in Assessor's Block 1511 - Request for Conditional Use Authorization under Sections 710.44, 710.27, 703.4, 303(c), and 303(i) of the Planning Code to legalize the establishment of a  formula retail use that is also a  small-self service restaurant (dba Q Café, which is operating as a  Quickly' Asian fusion style café franchise) within an NC-1 (Neighborhood Commercial Cluster) Zoning District and a 40-X Height and Bulk District. The proposal will not involve tenant improvements to the existing commercial space or an expansion of the existing building envelope.

Preliminary Recommendation: Approval with conditions.

SPEAKERS: Victor Woo

ACTION: Approved

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

MOTION: 17700

11. 2008.0783TZ (E. Watty: (415) 558-6620)

4550 MISSION STREET- southwest corner at Harrington Street, Lot 001 in Assessor's Block 3148 [Board File No. 080883] - On June 24, 2008, Supervisor Sandoval introduced an Ordinance creating the Mission-Harrington Special Use District for the Subject Property. The Planning Commission will consider a Planning Code Text Amendment that would establish the Mission-Harrington Special Use District (SUD) under new Section 780.3 and by amending the Table at Section 712 to refer to this new Special Use District pursuant to Planning Code Sections 302 and 306.3. The Planning Commission will also consider Planning Code Map Amendments pursuant to Planning Code Section 302 and 306.3 that would include: (1) rezoning Block 3148 / Lot 001 from NC-3 to the Mission-Harrington SUD; (2) designating the entire site described above with the new Mission-Harrington SUD and rezoning the entire site from a 40-X Height and Bulk District to a 56-X Height and Bulk District, on Planning Code Map Sheets ZN11, SU11 and HT11, respectively. The proposed Ordinance is before the Commission so that it may recommend adoption, rejection, or adoption with modifications to the Board of Supervisors, and adopt findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. This item also includes an informational presentation to allow for discussion of the proposed development on this site. The tentative plans include a project that would be Code-complying under the Mission-Harrington Special Use District, being 5 stories in height with 20 market-rate units and 4 affordable units, while providing no off-street parking for the commercial space that exceeds 5,000 square feet.

Preliminary Recommendation: Recommend adoption to the Board of Supervisors.

SPEAKERS:

ACTION: Approved recommending adoption to the Board of Supervisors and to require mandatory DR

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

RESOLUTION: 17701

12. 2007.0427E (J. DEAN; (415) 575-9028)

SAN JOAQUIN REGIONAL WATER QUALITY IMPROVEMENT PROJECT – Informational Presentation and Public Hearing on the Draft Environmental Impact Report The San Francisco Public Utilities Commission (SFPUC) proposes the San Joaquin Regional Water Quality Improvement Project to improve water disinfection capabilities at the SFPUC's Tesla Portal site and the Thomas Shaft site, both within unincorporated San Joaquin County. The Tesla Portal site is located about 7.5 miles south of the City of Tracy, at the western terminus of West Vernalis Road. The Thomas Shaft site is located about 7 miles southwest of the City of Tracy, near the end of Thomas Shaft Road approximately 1.5 miles south from its intersection with Corral Hollow Road. At the Tesla Portal site, the Tesla Treatment Facility is proposed, which entails replacement of the existing Tesla Portal Hypochlorite Station with a new Chemical Process Building and Office/Control Building, and the construction of an ultraviolet (UV) facility, which would disinfect water using a series of UV light arrays. At the Thomas Shaft site, the Lawrence Livermore Water Quality Improvements would upgrade the existing water treatment facility with a UV system. Both facilities are proposed to meet disinfection requirements of the Surface Water Treatment Rule and the Long Term 2 Enhanced Surface Water Treatment Rule. An additional public hearing will be held in the project vicinity on September 16, 2008. The SFPUC will provide information to the Planning Commission about the proposed project and the Draft Environmental Impact Report.

Written comments will be accepted at the Planning Department's offices until the close of business on October 8, 2008.

Preliminary Recommendation: No Action Required

SPEAKERS: None

ACTION: This was a public hearing to receive comment on the draft EIR. There was no Commission action.

6:30P.M.

**Item 13, Western SOMA Community Plan, is a special call item that will be called at 6:30 p.m. If items listed prior to 6:30 p.m. have not been called by 6:30 p.m., they may be considered after item 13.**

13. 2008.0877EMTZ (P. LORD: (415) 558-6311)

Western SoMa Community Plan - Building a Complete Neighborhood, Draft for Citizens Review- Consideration of a Draft Resolution Regarding the Western SoMa Community Plan– Draft for Citizens Review (August 14, 2008) for the Western SoMa SUD; recognizing the tremendous three-year efforts of the Citizen's Task Force; and authorizing department staff to undertake environmental review and to review and refine the Draft Plan.

(Continued from Regular Meeting of August 14, 2008)

SPEAKERS: Jim Meko, Gabriel Metcalf, Paul Wermer, James keys, Jeffrey Leibovitz, April Veneraim, Robert Kviooe, Shoab Malak, Douglas Dace, (Name unclear), Pierre Gasztowtt, Thomas Geotz, Tom Radulovich, Henry Karnilowicz, Tim Colen, Yolanda Cotzelco, Amir Massih, Tony Kelly, Skot Kuiper, Joe Boss, Peter Cohen, Alan Martinez, Francs Hurioitz, Kristina Hansen, Diane Eisenberg, Peter Lam, Mei Lam, Abraham Fahim, Walter Paulson, J. J. Fahim, Bill Schwartz, Sue Hagen Contreras, Lena Grotz, Kris Schoeffer, Chester Santos, Bill Lightner, Chester Santos, Yoewah, Yoynet, Mason Grigsby, Teresa Dulalas, Anthony Raber

ACTION: The Commission approved authorizing the Department to undertake environmental review

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

RESOLUTION: 17702

14a. 2007.0667VDDD (T. FRYE: (415) 575-6822)

1408 SHOTWELL STREET - west side of Shotwell between Mirabel and Montezuma Streets, Assessor's Block 5519; Lot 002 - Request of Discretionary Review, both for BPA # 2007.03.14.6222 to construct a vertical addition, including a new rear roof deck, on a single-family home within an RH-1 (Residential, Single-Family) District with a 40-X Height and Bulk District and within the Bernal Heights Special Use District.

Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed.

(Continued from Regular Meeting of September 11, 2008)

SPEAKERS: Dan Fiebelkorn, Shawn Garety, Rick Belgarde, Mamiro Oastro, Alfred martinez, Carol Gross, Lynne Rodezno

ACTION: The Commission did not take DR and approved and the project sponsor is to continue working with staff on the siding

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

DRA#: 0022

14b. 2007.0667VDDD (T. FRYE: (415) 575-6822)

1408 SHOTWELL STREET - west side of Shotwell between Mirabel and Montezuma Streets, Assessor's Block 5519; Lot 002.- Request for Variance pursuant to Section 242 of the Planning Code from off-street parking, mass reduction, and rear yard requirements to construct a vertical addition, including a new rear roof deck on a single-family home within an RH-1 (Residential, Single-Family) District with a 40-X Height and Bulk District and within the Bernal Heights Special Use District.

(Continued from Regular Meeting of September 11, 2008)

SPEAKERS: same as those listed for item 14a

ACTION: The Zoning Administrator closed public hearing and indicated his intent to grant the variance, but at this time has taken the matter under advisement

15. 2007.0468DD (T. WANG: (415) 558-6335)

497 VALLEY STREET - on the southeast corner of Valley and Castro Streets; Lot 030 in Assessor's Block 6621 - Requests for Discretionary Review of Building Permit Application No. 2007.01.10.1441, proposing to construct a new three-story over basement, single-family dwelling in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

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

SPEAKERS: Phil Mathews

ACTION: The Commission took DR and approved per staff recommendations

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

DRA#: 0023

D. COMMISSIONERS' QUESTIONS AND MATTERS

16. 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.

None

E. DIRECTOR'S REPORT

17. Director's Announcements

None

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

None

F. PUBLIC COMMENT

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

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

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

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

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

SPEAKERS: None

Adjournment: 11:40 p.m.

Adopted: August 13, 2009