San Francisco Planning Department : September 25, 2008

September 25, 2008

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, September 25, 2008

1:30 PM

Regular Meeting

COMMISSIONERS PRESENT: Olague, Antonini, Lee and Moore

COMMISSIONER ABSENT: Miguel, Borden and Sugaya

THE MEETING WAS CALLED TO ORDER BY PRESIDENT OLAGUE AT 2:02 P.M.

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Larry Badiner – Zoning Administrator, Amit Ghosh – Chief Planner, AnMarie Rodgers, Tara Sullivan-Lenane, Sharon Lai, 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.

1a. 2008.0614D (B. FU: (415) 558-6613)

1366 SAN BRUNO AVENUE - west side, between 24^th and 25^th Streets; Lot 007 in Assessor's Block 4263, in a RH-3 (Residential, Three-Family House) District with a 40-X Height and Bulk Designation. The proposal is to demolish an existing two-family dwelling and construct a new three-family dwelling. Planning Code Section 317 requires Mandatory Discretionary Review of Demolition Permit Application No. 2007.03.21.6793 to demolish an existing two-family dwelling.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of September 11, 2008)

(Proposed for Continuance to October 16, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Olague, Antonini, Lee and Moore

ABSENT: Miguel, Borden and Sugaya

1b. 2007.0040DV (B. FU: (415) 558-6613)

1366 San Bruno Avenue - west side, between 24^th and 25^th Streets; Lot 007 in Assessor's Block 4263, in a RH-3 (Residential, Three-Family House) District with a 40-X Height and Bulk Designation. Planning Code Section 317 requires Mandatory Discretionary Review for the new construction of units in association with demolition. Planning Code Section 317 requires Mandatory Discretionary Review of Building Permit Application No. 2007.03.21.6789 for the new construction of a three-family dwelling in association with the demolition.

(Continued from Regular Meeting of September 11, 2008)

(Proposed for continuance to October 16, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Olague, Antonini, Lee and Moore

ABSENT: Miguel, Borden and Sugaya

1c. 2007.0040DV (B. FU: (415) 558-6613)

1366 San Bruno Avenue - west side, between 24^th and 25^th Streets; Lot 007 in Assessor's Block 4263, in a RH-3 (Residential, Three-Family House) District with a 40-X Height and Bulk Designation. Planning Code Section 317 requires Mandatory Discretionary Review for the new construction a three-family dwelling in association with demolition. Front setback, rear yard, and off-street parking Variances are required and will be considered by the Zoning Administrator.

(Continued from Regular Meeting of September 11, 2008)

(Proposed for continuance to October 16, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Olague, Antonini, Lee and Moore

ABSENT: Miguel, Borden and Sugaya

2. 2006.0432E (P. SIEFERS: (415) 575-9045)

299 Valencia Street - Lot 014 of Assessor's Block 3532, bounded by Valencia, 14^th Street, Clinton Park Street (an alley), and Stevenson Street (an alley) - Appeal of Preliminary Mitigated Negative Declaration. The proposed project would include demolition of the existing paved parking lot which covers the 11,020 square foot site, a 222 square foot office shed, formerly a used car sales office, and a billboard sign extending above the west side of the site and construction of a five-story, mixed use building with 4,917 square feet of ground floor retail and 36 dwelling units. The building would contain 12 one-bedroom units and 24 two-bedroom units, of which four (4) are required to be below market rate. The application was filed prior to the March 23, 2006 date within the Planning Code that triggers an increase in the required percentage of below market units from 12 percent to 15 percent. The applicant proposes a total of 36 motorized vehicle parking spaces accessed via Stevenson Street, only thirty of which are permitted with a use permit under recently enacted Market-Octavia Plan and zoning controls. Ground floor retail would be divided into three spaces ranging from 1,479 square feet to 1,958 square feet and would be accessed via Valencia Street, 14th Street and the corner where these two streets intersect. Bicycle parking for 18 bicycles would be provided in the garage and accessible through the lobby. The project sponsor would seek approval from the SFMTA for one on-street loading space to be located adjacent to the elevator along 14th Street which could accommodate a service van or a small truck. No on-site freight or delivery spaces are proposed.

(Continued from Regular Meeting of July 24, 2008)

(Proposed for continuance to October 2, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Olague, Antonini, Lee and Moore

ABSENT: Miguel, Borden and Sugaya

3a. 2007.0676D (E. Watty: (415) 558-6620)

270 GRANADA AVENUE - east side between Ocean and Holloway Avenues, Lot 046 in Assessor's Block 6942 - Mandatory Discretionary Review pursuant to Planning Code Section 317, of Building Permit Application No. 2007.04.24.9480, proposing the demolition of a one-story, single-family dwelling, located in a 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 demolition.

(Continued from Regular Meeting of September 4, 2008)

(Proposed for continuance to October 2, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Olague, Antonini, Lee and Moore

ABSENT: Miguel, Borden and Sugaya

3b. 2008.0752D (E. Watty: (415) 558-6620)

270 GRANADA AVENUE - east side between Ocean and Holloway Avenues, Lot 046 in Assessor's Block 6942 - Mandatory Discretionary Review pursuant to Planning Code Section 317, of Building Permit Application No. 2007.04.24.9487, proposing the construction of a new three-story, two-family dwelling, located in a 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 new construction as proposed.

(Continued from Regular Meeting of September 4, 2008)

(Proposed for continuance to October 2, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Olague, Antonini, Lee and Moore

ABSENT: Miguel, Borden and Sugaya

4. 2008.0987D (A. BEN-PAZI: (415) 575-9077)

652 KEARNY STREET - east side between Clay and Commercial Streets, Lot 036 in Assessor's Block 0227 – Staff-Initiated Discretionary Review of Building Permit Application No. 2008.03.05.6385, proposing a 7-Eleven store in the ground floor of an existing two-story commercial building in the Chinatown Community Business District and a 50-N Height and Bulk District.

(Proposed for continuance to October 16, 2008)

SPEAKER(S): None

ACTION: Continued to October 23, 2008

AYES: Olague, Antonini, Lee and Moore

ABSENT: Miguel, Borden and Sugaya

5. 2008.0939Z (T. SULLIVAN-LENANE: (415) 558-6257)

401-421 SHIELDS STREET - southwest corner at Ramsell Street, Lots 001, 046, 047, 048 in Assessor's Block 7074 – The Planning Commission will consider a Planning Code Map Amendment pursuant to Planning Code Section 302 and 306.3 that would include: (1) rezoning Block 7074 / Lots 001, 046, 047, and 048 from P (Public Use) to RH-1 (Residential, Single-Family) on Planning Code Map Sheet ZN12. 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.

Preliminary Recommendation: Approval.

(Proposed for continuance to October 16, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Olague, Antonini, Lee and Moore

ABSENT: Miguel, Borden and Sugaya

6. 2006.0070T (C. NIKITAS: (415) 558-6306)

Legislationto Control theLOSS OF DWELLING UNITS- Code Implementation Document - Proposed procedures and criteria to implement newly-adopted Code Section 317 requiring Planning Commission hearings for the removal of certain dwelling and live-work units. The document also sets numerical criteria, some of which are subject to administrative adjustment in response to changing economic conditions.

Preliminary Recommendation: Adoption

(Continued from Regular Meeting of August 7, 2008)

(Proposed for continuance to October 23, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Olague, Antonini, Lee and Moore

ABSENT: Miguel, Borden and Sugaya

7. 2005.0911E: (L. KIENKER (415) 575-9036)

616 DIVISADERO STREET aka Harding Theater - east side between Hayes and Grove Streets, Lot 002J in Assessor's Block 1202 - Appeal of Preliminary Mitigated Negative Declaration. The proposed project is to adaptively reuse the Harding Theater as a mixed-use commercial building, called The Harding, divided into at least four tenant spaces, replacement installation of the 1930's marquee and blade sign, demolition of the theater backstage and, on the undeveloped portion of the lot facing Hayes Street, new construction of a five-story, eight-unit condominium, called Harding Place, with up to a project total of 19 off-street parking spaces accessed from Hayes Street, and the approximately 13,700-sf lot subdivided into a separate parcel for each building. This project is located within the NC-2 (Small-scale Neighborhood Commercial) District and 65-A Height and Bulk District

(The Preliminary Mitigated Negative Declaration has been rescinded. The Appeal is no longer applicable.)

The appeal was rescinded

8a. 2005.0911CV (G. CABREROS: (415) 558-6169)

616 DIVISADERO STREET - east side between Hayes and Grove Streets, Lot 002J in Assessor's Block 1202 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 711.11 and 711.21 to allow development of a lot greater than 9,999 square feet and to allow non-residential uses greater than 3,999 square feet for the alteration and re-use of an existing building (the vacant Harding Theater) into four commercial spaces and for the new construction of a five-story, eight-unit building fronting Hayes Street within the NC-2 (Small-Scale Neighborhood Commercial) District, the Divisadero Street Alcohol Restricted Use District and a 65-A Height and Bulk District.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of July 17, 2008)

(Proposed for continuance to November 6, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Olague, Antonini, Lee and Moore

ABSENT: Miguel, Borden and Sugaya

8b. 2005.0911CV (G. CABREROS: (415) 558-6169)

616 DIVISADERO STREET - east side between Hayes and Grove Streets, Lot 002J in Assessor's Block 1202 - Request for Rear Yard and Dwelling Unit Exposure Variances from Planning Code Sections 134 and 140 to allow the new construction of a five-story, eight-unit residential building fronting Hayes Street (1278 Hayes Street) proposing a 15-foot rear yard where a 25-percent rear yard measuring 29 feet is required. Four units would face onto the proposed reduced rear yard and therefore do not meet the dwelling unit exposure requirement. The proposed residential building is within the NC-2 (Small-Scale Neighborhood Commercial) District, the Divisadero Street Alcohol Restricted Use District and a 65-A Height and Bulk District.

(Proposed for continuance to November 6, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Olague, Antonini, Lee and Moore

ABSENT: Miguel, Borden and Sugaya

B. COMMISSIONERS' QUESTIONS AND MATTERS (Tape IA)

9. 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 Lee

Last week we had the Peskin's legislation about banding formula retail stores and the issue that I brought up about the availability of hardware stores and shoe repairs in Chinatown.
As I promised, I would like to hand this out for staff to provide to people that are looking for shoe repair and hardware stores near North Beach. There is plenty to go out.
Secondly; before Director Rahaim joined this department, I did ask that the AIA work with Planning staff regarding training in whatever area is needed.
It has come to my attention, apparently, that we have not used anyone from AIA, to my knowledge, to actually do pro-bono work with staff in looking at architectural design.
Maybe the Director [Rahaim] can find out and report on that next week.
Finally, two weeks ago I was reading the Real State section of the Chronicle that talks about China is not to the West.
There was a picture of the Shanghai Planning Museum and I want to pass this out to the department because this is what most cities in China are doing - they actually have a 3-dimesional model of what the city would look like.
I thought that this might not be a bad idea for either Friends of City Planning to pay for something like that or maybe even SPUR or AIA to draw it out for the general public to look at it and have a sense of how things fit in.

Commissioner Antonini

- I made some comments this morning during our hearing on greening but I think they are worthy of re-mentioning and that is in regards to the situation that was described in an article on SPUR in contrast of the payroll tax in San Francisco in comparison with other cities in the Bay Area.

- That was very striking that ours being an average of $61,000 compared to $8,000 in Oakland, $4,000 in San Jose.

- Obviously, there are instances where in some of these other jurisdictions they do some other tax methods but I think that is an alarming figure.

- In that same thing, there was a proposal circulating to have a greening tax that might be able to be used to displace some of this and the advantage with that is there might be more control in keeping businesses in San Francisco.

- I think this other idea presents some alternatives and we have to look at it.

Commissioner Moore

- I just want to add a little comment to Commissioner Lee's idea about the model.

- I have seen the model and worked with it. This model is probably at a cost of $4 or $5 million dollars.

- It would be a great idea but in the way that models are built here, that is a far shot and I want to protect our Friends of San Francisco Planning.

Commissioner Olague

- I would like to know the schedule of the Market – Octavia Plan before [inaudible] Advisory Committee.

C. DIRECTOR'S REPORT (Tape IA)

10. Director's Announcements

Director Rahaim

- We had the latest series of meetings on the Transit Center Plan about a week and a half ago.

- The way we are structuring those meetings is that as we develop additional thoughts on that plan, we are having the public meetings to get public reaction.

- This meeting was about certain urban design and streetscape proposals, building form proposals, retail requirements and that sort of things.

- We are still on schedule to have the draft plan for the Transit Center to complete by the end of the year and then we will spend several months taking public comments.

- The Draft EIR is due next June at the end of the draft planning process. We will be coming back to the Commission next month and there would be another public meeting in November.

- There have been two hearings on the Eastern Neighborhoods at the Land Use Committee, one on PDR issues and one on housing.

- You had asked for an additional hearing on The Presidio Trust and Master Plan. The only date that works for your schedule is October 16 and the Presidio is not able to make that date.

- Our suggestion, and we talked to President Olague about this, is to schedule time on next week to discuss a draft of a letter that you would send to the Trust.

- We are drafting that letter now and will have it in your packet. The content would be based on the comments that you all made at the hearing that we had on this.

- Other internal things: MEA [Major Environmental Analysis] of the Department has issued new guideline to consultants on how they are to do their work.

- Those were issued on September 11 and they are guidelines for consultants preparing the CEQA documents. They are attempting to standardize the way we do the documents.

- Tomorrow morning I am making some opening comments at a conference that is sponsored by the Urban Land Institute on transit oriented development.

- You should have received invitations that the week after next we are sponsoring a week long visit by Jon Gahl, urban designer from Denmark, who is doing some work for us in the department.

- We are scheduling a series of meetings and workshops with him. We will send you more details on those.

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

Board of Supervisors:

[Tape malfunction/Comments were unclear]

Board of Appeals:

None

D. GENERAL PUBLIC COMMENT – 15 MINUTES

SPEAKER(S)

Patricia Vaughey and Tenants769NP@yahoo.com

E. REGULAR CALENDAR

12. 2008.0782T (Tape IA; IB) (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

(Continued from Regular Meeting of September 18, 2008)

SPEAKERS: Dennis Beckman, Michael Williams, Eleanor Carpenter, Jenny Benton, Robert E, Patricia Vaughey, Paul Wermer, Robert Bardell, Pamela Mendelsonn

ACTION: Approved

AYES: Olague, Antonini, Lee and Moore

ABSENT: Miguel, Borden and Sugaya

RESOLUTION: 17703

13. 2008.0850B (C. Nikitas: (415) 558-6306)

MissionBay Blocks 26, 27, 29-32, 33-34, and 41-43 - Proposed creation of the Alexandria Life Sciences and Technology Mission Bay Development District, for design review and office allocation pursuant to Planning Code Section 321, including previously authorized projects and future projects, to limit the total office space and create a pooled allocation within the District. The sites are located in Mission Bay South under a single ownership.

(Continued from Regular Meeting of August 7, 2008)

Preliminary Recommendation:Approval with conditions.

SPEAKER(S): None

ACTION: Without hearing, continued to October 2, 2008

AYES: Olague, Antonini, Lee and Moore

ABSENT: Miguel, Borden and Sugaya

14. 2008.0484B (E. Jackson: (415) 558-6363)

600 Terry Francois Boulevard - corner of South Street and Terry Francois Boulevard, aka Mission Bay South Block 30; aka Lot 001 in Assessor's Block 8722 - Application for design review and office allocation pursuant to Planning Code Section 321 to construct a new, approximately 332,395 gross square foot laboratory/office building, 6 stories and approximately 90 feet in height, requesting up to 312,932 square feet of office space. Off-street parking will be provided off-site, in a parking garage to be provided on Block 29. The site is located in the Mission Bay Commercial-Industrial-Retail

Zoning District with an HZ-5 Height and Bulk designation.

(Continued from Regular Meeting of August 7, 2008)

Preliminary Recommendation: Approval with conditions

SPEAKER(S): None

ACTION: Without hearing, continued to October 2, 2008

AYES: Olague, Antonini, Lee and Moore

ABSENT: Miguel, Borden and Sugaya

15. 2008.0483B (E. Jackson: (415) 558-6363)

650 Terry Francois Boulevard - southeast corner, aka Mission Bay South Block 32; aka Lot 001 in Assessor's Block 8722 - Application for design review and office allocation pursuant to Planning Code Section 321 to construct a new, approximately 305,673 gross square foot laboratory/office building, 6 stories and approximately 90 feet in height, requesting up to 291,367 square feet of office space. Off-street parking will be provided off-site, in a parking garage to be provided on Block 29B. The site is located in the Mission Bay Commercial-Industrial-Retail Zoning District with an HZ-5 Height and Bulk designation.

(Continued from Regular Meeting of August 7, 2008)

Preliminary Recommendation: Approval with conditions

SPEAKER(S): None

ACTION: Without hearing, continued to October 2, 2008

AYES: Olague, Antonini, Lee and Moore

ABSENT: Miguel, Borden and Sugaya

16. 2008.0690B (E. Jackson: (415) 558-6363)

1450 Owens Street - north of 16^th Street, aka Mission Bay South Blocks 41-43, Parcel 7; aka Lot 006 in Assessor's Block 8709 - Application for design review and office allocation pursuant to Planning Code Section 321 to construct a new, approximately 61,581 gross square foot laboratory/office building, 2 stories and approximately 39 feet in height, requesting up to 61,581 square feet of office space. Off-street parking will be provided off-site, in a parking garage to be provided on Parcel 6. The site is located in the Mission Bay Commercial-Industrial Zoning District with an HZ-7 Height and Bulk designation.

(Continued from Regular Meeting of August 7, 2008)

Preliminary Recommendation: Approval with conditions

SPEAKER(S): None

ACTION: Without hearing, continued to October 2, 2008

AYES: Olague, Antonini, Lee and Moore

ABSENT: Miguel, Borden and Sugaya

17. 2008.0847D (T. FRYE: (415) 575-6822)

1200 19^TH STREET - northwest corner of 19^th and Mississippi Street, Assessor's Block 4038; Lot 009 - Request of Discretionary Review for Building Permit Application No. 2003.10.09.7072 to construct a new 2-unit, 3-story plus penthouse residential building within an RH-2 (Residential, Two-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 September 11, 2008)

NOTE: On calendar in error - On 9/11/08 the commission continued this item to 10/16/08

18. 2008.0572D (Tape IB) (S. LAI: (415) 575-9087)

437 Hoffman Avenue- east side between 24^th and 25^th Streets, Lots 024, in Assessor's Block 6503 - Mandatory Discretionary Review, pursuant to Planning Code Section 317, of Building Permit Application No. 2008.06.27.5494 proposing the dwelling unit merger from two dwelling units into one single-family home. The property is located within a RH-2 (Residential House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and disapprove

SPEAKERS: Bill Poshalinsky, Michael Rileg

On the motion to not take discretionary review and approved:

AYES: Antonini and Lee

NAYES: Olaugue and Moore

ABSENT: Miguel, Borden and Sugaya

Motion failed

ACTION: In the absence of a successful motion to not take discretionary review and approve or take discretionary review and approve with modifications or to disapprove, the project is approved as proposed.

DRA: 0024

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

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

SPEAKERS: None

Adjournment: 4:05 P.M.

Adopted: August 13, 2009

Last updated: 11/17/2009 10:00:32 PM