San Francisco Planning Department : July 17, 2008

July 17, 2008

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, July 17, 2008

1:30 PM

Regular Meeting

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

COMMISSIONER ABSENT: None

THE MEETING WAS CALLED TO ORDER BY PRESIDENT OLAGUE AT 1:38 P.M.

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Craig Nikitas – Acting Zoning Administrator, Amit Ghosh – Chief Planner, 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. (A. KIEFER: (415) 575-9065)

UPPER MARKET COMMUNITY DESIGN PLAN - The San Francisco Planning Department has published a document entitled Upper Market Community Design Plan. The plan area generally includes properties fronting Market Street between Octavia Boulevard on the east and Collingwood Street on the west.

Prior to initiating community workshops, the Department and its consultant team explored existing conditions in the neighborhood. The Department conducted outreach meetings with representatives of the Castro and nearby neighborhood organizations. The Department held three community workshops. The themes of the workshops focused on: 1.) Community Vision (September 2007); 2.) Community Design Framework (October 2007); and 3.) Design Strategies (December 2007). The outcome of the workshops is a Design Plan that contains a program for public realm improvements and design guidelines for private development that incorporate the identity, character, economic and social composition of the Upper Market area and its surrounding neighborhoods.

The Plan responds to physical, social, and economic conditions in the Project area, and establishes a plan for public and private improvements in the Project Area. The Plan identifies existing physical, infrastructure and economic conditions in the Upper Market neighborhood, considers historical context and identifies key neighborhood assets, challenges and opportunities to revitalize the neighborhood. It includes an Urban Design Framework section that: describes planning strategies that may be used to guide Urban Design improvements along the upper Market Street corridor. The Plan also proposes improvements to the public realm, including public spaces, sidewalks, and plazas.

The Plan incorporates Design Guidelines that may be used to guide design character for new buildings, and provides an overview of the steps that may be taken to achieve neighborhood improvements. The Upper Market Community Design Plan:

Identifies the community's five highest priority public infrastructure improvement projects,
Actions that neighborhood residents, business owners and community organizations may take to support improvements, and
Outlines design guidelines that may be used by both developers and city planners
The Plan also identifies potential funding sources for street and sidewalk improvements. "

Preliminary Recommendation: Endorsement

(Continued from Regular Meeting of July 10, 2008)

(Proposed for Continuance to August 7, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

2. 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 July 10, 2008)

(Proposed for Continuance to August 7, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

3. 2007.1112T (A. Rodgers: (415) 558-6395)

Amendments repealing Planning Code Section 825.1 and amending Planning Code Sections 135, 309.1, 318.3, 809, 825, and 827. Proposed Ordinance [Board File Number 071292] -introduced by Supervisor Daly to apply many of the pedestrian-friendly provisions of the Rincon Hill Downtown Mixed Use Zoning District to all Downtown Residential Districts. Specifically, the proposed Ordinance would add design requirements to enhance the pedestrian environment including but not limited to controls for ground floor uses, transparency, wind protection, lighting, and sidewalk treatments, and making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of April 17, 2008)

(Proposed for Continuance to August 7, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

4. 2006.0441E (J. BATTIS: (415) 575-9022)

721 BEACH STREET- Lot 017 of Assessor's Block 0025, is located within the block bounded by Beach Street to the north, Hyde Street to the east, North Point Street to the south, and Larkin Street to the west in the Fisherman's Wharf neighborhood - Appeal of Preliminary Mitigated Negative Declaration for demolition of the existing 558-gross square foot (gsf), one-story commercial building constructed circa 1912 and construction of a new 40-foot-high, 12,857-gsf mixed-use building consisting of four residential units within 6,299 gsf on the third, fourth, and partial-fifth floors and 6,558 gsf of retail space on the ground and second floors. The existing structure provides no off-street parking and no off-street parking is proposed. The 3,644-gsf site is within the Northeastern Waterfront Planning Area, Fisherman's Wharf Subarea, is within the Waterfront Special Use District No. 2, is within a C-2 (Community Business District) use district, and is within a 40-X height and bulk district. The project would require a variance from the off-street parking requirement.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

(Continued from Regular Meeting of May 29, 2008)

(Proposed for Continuance to September 4, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

5. 2006.0441V (G. CABREROS: (415) 558-6169)

721 BEACH STREET - north side between Hyde and Larkin Streets, Lot 017 in Assessor's Block 0025 - Request for a Parking Variance from the residential parking provisions pursuant to Planning Code Section 151 to allow the new construction of a mixed-use building containing four dwelling units above ground floor retail space without the four required residential parking spaces in a C-2 (Community Business) District, Waterfront Special Use District No. 2 and a 40-X Height and Bulk District

(Proposed for Continuance to September 4, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

6a. 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

(Proposed for Continuance to September 25, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

6b. 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 September 25, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

7. 2005.0927E (T. BLOMGREN: (415) 575-9023)

36-38 Downey Street/755 Ashbury - Lots 007, 011, and 065 of Assessor's Block 1254, mid-block on Ashbury and Downey Street between Frederick and Waller Streets - Appeal of Preliminary Negative Declaration. The proposed project includes a lot line adjustment between Lot 007 and Lot 065, and the relocation of the existing two-unit residential building at 36-38 Downey Street to Lot 007 (next to 737 Ashbury Street), and four off-street parking spaces from Lot 007 (next to 36-38 Downey Street). The project site is zoned RH-2 (Residential House, Two-Family), and RH-3 (Residential House, Three-Family) and is in a 40-X Height and Bulk District in the Haight-Ashbury Neighborhood. The proposed project would require approval of a lot line adjustment and the modification of an existing Planned Unit Development.

Preliminary Recommendation: Uphold Preliminary Negative Declaration

(Continued from Regular Meeting of June 26, 2008)

(Proposed for Indefinite Continuance)

SPEAKER(S): None

ACTION: Continued as proposed

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

B. COMMISSIONERS' QUESTIONS AND MATTERS

Adoption of Commission Minutes– Charter Section 4.104 requires all commissioners to vote yes or no on all matters unless that commissioner is excused by a vote of the Commission. Commissioners may not be automatically excluded from a vote on the minutes because they did not attend the meeting.

8. Consideration of Adoption:

Draft Minutes of Regular Meeting of May 15, 2008
Draft Minutes of Special Meeting of May 29, 2008

Draft Minutes of Regular Meeting of June 5, 2008
Draft Minutes of Special Meeting of June 5, 2008

SPEAKER(S): None

ACTION: Approved

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

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.

C. DIRECTOR'S REPORT

10. Director's Announcements

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

12. (C. JAROSLAWSKY: (415) 558-6348)

412 NOE STREET - Ministerial review of the demolition permit application number 2008.06.05.5372 and new construction permit application number 2008.06.05.3754, to construct a new, three-family structure on the above-mentioned site.

SPEAKERS: None

ACTION: None – review/informational only

D. GENERAL PUBLIC COMMENT – 15 MINUTES

SPEAKERS: None

REGULAR CALENDAR

13. 2008.0132C (A. HOLLISTER: (415) 575-9078)

542 GREEN STREET - Request for Conditional Use Authorization to operate a business under this application between the hours of 2 AM and 6 AM and to operate a walk-up facility recessed less than three feet from the front property line. Specifically, the project proposal is to extend the hours of operation of the existing restaurant (dba Golden Boy Pizza ) to 4:00 AM and to allow the existing walk-up window to continue operating recessed less than three feet from the front property line. No construction is proposed under this application. This site is within the North Beach Neighborhood Commercial District, and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions of Walk-up Facility, Disapproval of Extended Hours of Operation Request.

(Continued from Regular Meeting of July 10, 2008)

SPEAKERS: Marsha Garland, Peter Saldini.

ACTION: Approved as modified to extend the hours of operation to 2:30 a.m.; and to add good neighbor policies

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

MOTION: 17648

14. 2007.1067C: (A. Hollister: (415) 575-9078)

1164 Powell Street - southeast corner of Powell and Jackson Streets, Lot 043 in Assessor's Block 0192 - Request for Conditional Use Authorization to legalize an existing Small Fast Food Restaurant (d.b.a. Quickly) of approximately 450 square feet within the existing ground floor retail space. No physical expansion of the building is proposed. This site is within the CRNC (Chinatown Residential Neighborhood Commercial) Mixed-Use District, and a 65-N Height and Bulk District.

Preliminary Recommendation: Approval

(Continued from Regular Meeting of June 26, 2008)

SPEAKERS: Wayne Tom, Project Sponsor,

ACTION: approved

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

MOTION: 17649

15. 2007.1256C (K. Guy: (415) 558-6163)

401-431 Columbus Avenue - west side between Stockton and Vallejo Streets, Lot 026 of Assessor's Block 0131 - west side between Stockton and Vallejo Streets, Lot 026 of Assessor's Block 0131 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 722.21, 722.41, and 722.42 to expand an existing full-service restaurant and bar (dba Panta Rei Restaurant), and to allow a use size in excess of 2,000 square feet within the North Beach NCD (Neighborhood Commercial District), and a 40-X Height and Bulk District. The proposal is to expand the existing 1,500 square-foot restaurant and bar to occupy the adjacent existing storefront. The expanded restaurant and bar would measure a total of 2,040 square feet.

Preliminary Recommendation: Disapproval

(Continued from Regular Meeting of July 10, 2008)

SPEAKER(S)

[No name stated]

- Requested continuance to July 24^th if it is possible because project sponsor is not available [item was continued to this date pending availability of project sponsor]

ACTION: Continued to July 24, 2008

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

16. 2007.1019C (R. CRAWFORD: 558-6358)

2400 Noriega Street - north side, northwest corner of Noriega and 31^st Avenue Lot 003 of Assessor's Block 2018 - Request for Conditional Use Authorization under Planning Code Section 711.81 to develop a Large Institutional Use (Lutheran Church of the Holy Spirit) above the ground floor and Section 711.21 Use Size greater than 3,999 square feet in an NC-2, Small Scale Neighborhood Commercial District and a 40-X Height and Bulk District. The proposal is to demolish the existing one-story church building (in a converted bank building) and construct a new 3 story building 16,866 square feet in area for the church with 11 off street parking spaces.

Preliminary Recommendation: Approval with Conditions.

(Continued from Regular Meeting of May 15, 2008)

SPEAKERS: Robert Leung, Gary Chin, Douglas Chan, Ron Dudden.

ACTION: Approved as modified to require the project sponsor to work with staff on design

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

MOTION: 17650

17. (a. john-baptiste: (415) 558-6547)

Update on the Planning Department Process Improvements Effort (Action Plan 2008 - 2010) - Informational presentation outlining staff's recommended Departmental Action Plan for 2008 - 2010, based on the management studies provided by Matrix Consulting, SPUR/AIA, and the Department of Building Inspection's Business Process Re-engineering effort.

SPEAKERS: Francisco Da Costa, John Schlesinger, John O'Connor, Richard Huff, Larry Paul

ACTION: None – informational only

18. 2008.0535T (T. Sullivan-Lenane: (415) 558-6257)

Amendments to the Planning Code: Tobacco Paraphernalia Establishments - Ordinance introduced by Supervisor Sandoval amending the San Francisco Planning Code to add a new Section 277(v), to define Tobacco Paraphernalia Establishments, and to impose a conditional use requirement on the establishment of such enterprises in all Commercial and Industrial districts; amending Section 303 (Conditional Use) of the Planning Code to refer to this requirement, and to require consideration of additional criteria when analyzing a conditional use application; adding a new Section 790.123, to define Tobacco Paraphernalia in the Neighborhood Commercial Districts; 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, and 732.1, to refer to this definition as a conditional use requirement; adding a new Section 890.89 to define Tobacco Paraphernalia in the Mixed Use Districts; amending Sections 803.1, 810.1, 811.1, 812.1, 814, 815, 816, 817, and 827 to refer to this definition and conditional use requirement; and making findings, including findings of consistency with the Priority Policies of Planning Code Section 101.1 and environmental findings.

Preliminary Recommendation: Approval with modifications

SPEAKERS: None

Motion: To approve with modifications

AYES: Antonini and Lee

NAYES: Miguel, Olague, Borden, Moore and Sugaya

RESULT: The motion failed

ACTION: Intent to disapprove; Final language to come back on 7/24/08

AYES: Miguel, Olague, Borden, Moore and Sugaya

NAYES: Antonini and Lee

19. 2008.0095T (T. Sullivan-Lenane: (415) 558-6257)

Amendments to the Planning Code by adding Section 226.5 - Alcohol Reduction and Safer Neighborhoods Act -Ordinance introduced by Supervisor Sandoval to add Section 226.5 to impose a distance requirement of 500 feet or more between new off-sale liquor stores and existing liquor stores, elementary and secondary schools, public libraries, and recreation centers throughout San Francisco and establishing conditions for operation of liquor stores.

Preliminary Recommendation: Disapproval

(Continued from Regular Meeting of June 26, 2008)

SPEAKERS: None

ACTION: Disapproved

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

ABSENT: Sugaya

MOTION: 17653

NOTE: Items 20 and 21 were called and heard together

20. 2008.0443T (T. Sullivan-Lenane: (415) 558-6257)

Amendments to the Planning Code Section 315.4 and 315.5 - Preference for Certificate Holders of San Francisco Redevelopment Agency's Property Owner and Occupant Preference Program - Ordinance introduced by Mayor Newsom amending San Francisco Planning Code Sections 315.4 and 315.5 to provide that individual who hold certificates of preference from the San Francisco Redevelopment Agency shall receive preference for thirty percent (30%) of the on- and off- site units generated by the Residential Inclusionary Affordable Housing Program; and making findings, including findings under the California Environmental Quality Act.

Preliminary Recommendation: Approval

SPEAKERS: Espanola Jackson, Francisco Da Costa, Ed Donaldson, Julie Davis

ACTION: Approved

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

RESOLUTION: 17651

21. 2008.0646T (T. Sullivan-Lenane: (415) 558-6257)

Amendments to the Planning Code Sections 313.12, 315.4, 315.5, and 315.6 - Preference for Certificate of Preference Holders under the San Francisco Redevelopment Agency's Property Owner and Occupant Preference Program - Ordinance introduced by Supervisor Mirkarimi that would amend Planning Code Sections 313.12, 315.4, 315.5, and 315.6, to provide for preference in the Citywide Affordable Housing funds generated by the Jobs-Housing Linkage Program and the Residential Inclusionary Affordable Housing program and in the allocation of all on- and off- site inclusionary housing units in those programs.

Preliminary Recommendation: Approval

SPEAKERS: Espanola Jackson, Francisco Da Costa, Ed Donaldson, Julie Davis

ACTION: Approved

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

RESOLUTION: 17652

22. 2008.0622D (A. STARR: (415) 558-6362)

565 MARINA BOULEVARD - south side between Divisadero and Scott Streets; Lot 007B in Assessor's Block 0912 - Request for Discretionary Review of Building Permit Application No. 2007.10.31.6950 proposing to construct a 4^th floor vertical addition and a horizontal addition at the rear of a three-story, single-family house in an RH-1 (Residential, House, Single-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and Approve

SPEAKERS: None

ACTION: without hearing, continued to 8/7/08

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

ABSENT: Sugaya

23. 2008.0623D (A. STARR: (415) 558-6362)

762 CLAYTON STREET - east side between Waller and Frederick Streets; Lot 094 in Assessor's Block 1254 - Request for Discretionary Review of Building Permit Application No. 2007.10.03.4498 proposing to alter the roof-line toward the rear of the building in order to create habitable space at the fourth floor in this three-story plus attic, two-family building in an RH-3 (Residential, House, 3-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and Approve

SPEAKERS: Amy Herenia, Discretionary Review Requestor, John Lum, Architect,

ACTION: No DR and approved with staff to make sure the design blends in and windows meet the Secretary of the Interior Standards

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

24. (M. LUELLEN: (415) 558-6478)

PRESIDIO MAIN POST - Informational Presentation on the Presidio Trusts' Environmental Impact Statement supplementing the 2002 Presidio Trust Management Plan and its review process.

SPEAKERS: Joe McLaughlin, Alan Silverman, William Shepard, David Bancroft, Paul Wermer, Jan Blum, Mark Nagel, Carol Brownson, Jason Wright, Carola Shepard, Charlotte Hennessy, Redmond Kernan, Gary Widman, Amy Meyer, Anthony Veerkamp, Neal Desai, Boyd de Larios, Joan Girardot, John Bardis

ACTION: None – informational only

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: 9:50 p.m.

Adopted: September 3, 2009

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