San Francisco Planning Department : December 11, 2008

December 11, 2008

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, December 11, 2008

1:30 PM

Regular Meeting

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

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, Angela Heitter, Joshua Switzky, Elaine Forbes, Glenn Cabreros, Rick Crawford, and Jonas Ionin – Acting 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. 2008.0940C (M. WOODS: (415) 558-6315)

2250 VALLEJO STREET - north side between Fillmore and Webster Streets; Lot 009, in Assessor's Block 0557 - Request for Conditional Use Authorization pursuant to Sections 303(c) and 317 of the Planning Code to allow the merger of eleven dwelling units into two dwelling units in a three-story over basement residential building, within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions, including Modifications to Retain More than Two Dwelling Units

(Proposed for Continuance to December 18, 2008)

SPEAKER(S): None

ACTION: Continued to February 5, 2009

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

ABSENT: Borden

2. 2008.1179Z (E. Watty: (415) 558-6620)

2400 IRVING STREET - northwest corner of 25th Avenue, Lot 053 in Assessor's Block 1725 - An Ordinance to amend Map Sheets ZN05 and SU05 the Planning Code in order to reclassify the northern half of the Subject Property from RH-2 (Residential House, Two-Family) to NC-2 (Neighborhood Commercial, Small-Scale), pursuant to Planning Code Section 302. 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: Recommend adoption to the Board of Supervisors.

(Proposed for Continuance to January 8, 2009)

SPEAKER(S): None

ACTION: Continued as proposed

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

ABSENT: Borden

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

1946 Polk Street (AKA 1591 Pacific Avenue) - 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 5-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

(Continued from the Regular Meeting of November 13, 2008)

(Proposed for Continuance to January 15, 2009)

SPEAKER(S): None

ACTION: Continued as proposed

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

ABSENT: Borden

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

1946 Polk Street (AKA 1591 Pacific Avenue) - 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 5-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.

(Continued from the Regular Meeting of January 15, 2008)

(Proposed for Continuance to January 15, 2009)

SPEAKER(S): None

ACTION: Continued as proposed

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

ABSENT: Borden

4a. 2007.0308CV (B. BENDIX: (415) 575-9089)

3545-3547 20^th Street - south side between Lexington and San Carlos Streets; Lot 082 in Assessor's Block 3609, in an NC-1 (Neighborhood Commercial Cluster) Zoning District with a 50-X Height and Bulk designation. Project site will be rezoned as Valencia NCT (Neighborhood Commercial Transit) Zoning District through adoption of the Eastern Neighborhoods Area Plan. Pursuant to Planning Code Sections 135 and 305, the project requests approval of an Open Space Variance to not provide direct access to the dwellings' common open space. This request will be heard and considered by the Zoning Administrator.

(Continued from Regular Meeting of December 4, 2008)

(Proposed for Continuance to January 22, 2009)

SPEAKER(S): None

ACTION: Continued as proposed

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

ABSENT: Borden

4b. 2007.0308CV (B. BENDIX: (415) 575-9089)

(Continued from Regular Meeting of December 4, 2008)

(Proposed for Continuance to January 22, 2009)

SPEAKER(S): None

ACTION: Continued as proposed

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

ABSENT: Borden

5a. 2007.0921D (A. Starr: 415-558-6362)

673-675 44^th AVENUE - west side between Balboa and Anza Streets; Lot 012 in Assessor's Block 1587 - Mandatory Discretionary Review of Building Permit Application No. 2007.09.20.3151 (demolition); proposing to demolish the existing two-story, two-family dwelling, subdivide the lot and construct two, four-story, two-family buildings in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and Approve Project

(Continued from Regular Meeting of November 13, 2008)

(Proposed for Continuance to January 22, 2009)

SPEAKER(S): None

ACTION: Continued as proposed

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

ABSENT: Borden

5b. 2008.1155D (A. Starr: 415-558-6362)

673-675 44^th AVENUE - west side between Balboa and Anza Streets; Lot 012 in Assessor's Block 1587 - Mandatory Discretionary Review of Building Permit Application No. 2007.09.20.3152 (new construction); proposing to demolish the existing two-story, two-family dwelling, subdivide the lot and construct two, four-story, two-family buildings in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

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

(Continued from Regular Meeting of November 13, 2008)

(Proposed for Continuance to January 22, 2009)

SPEAKER(S): None

ACTION: Continued as proposed

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

ABSENT: Borden

5c. 2008.1156D (A. Starr: 415-558-6362)

673-675 44^th AVENUE - west side between Balboa and Anza Streets; Lot 012 in Assessor's Block 1587 - Mandatory Discretionary Review of Building Permit Application No. 2007.09.20.3157 (new construction); proposing to demolish the existing two-story, two-family dwelling, subdivide the lot and construct two, four-story, two-family buildings in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and Approve Project

(Continued from Regular Meeting of November 13, 2008)

(Proposed for Continuance to January 22, 2009)

SPEAKER(S): None

ACTION: Continued as proposed

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

ABSENT: Borden

5d. 2007.0921DD (A. Starr: 415-558-6362)

673-675 44^th AVENUE - west side between Balboa and Anza Streets; Lot 012 in Assessor's Block 1587- Request for Discretionary Review of Demolition Permit Application No. 2007.09.20.3151; proposing to demolish the existing two-story, two-unit building in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of November 13, 2008)

(Proposed for Continuance to January 22, 2009)

SPEAKER(S): None

ACTION: Continued as proposed

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

ABSENT: Borden

5e. 2008.1213D (A. Starr: 415-558-6362)

673-675 44^th AVENUE - west side between Balboa and Anza Streets; Lot 012 in Assessor's Block 1587 - Request for Discretionary Review of Building Permit Application Nos. 2007.09.20.3152 and 2007.09.20.3157; proposing to construct two new, four-story, two-unit buildings in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of November 13, 2008)

(Proposed for Continuance to January 22, 2009)

SPEAKER(S): None

ACTION: Continued as proposed

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

ABSENT: Borden

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.

NOTE: Items 6a & b were removed from the Consent Calendar

6a. 2007.1337XH (A. HEITTER: (415) 558-6602)

134-140 NEW MONTGOMERY STREET - west side between Minna and Natoma Street, Lot 008 of Assessor's Block 3722 - Request for Determination of Compliance and the Granting of Exceptions to the requirements for "Freight Loading" and "Rear yard" pursuant to Planning Code Section 309 (the Downtown Plan) associated with the proposal to convert and rehabilitate an existing office building to 118 residential units with approximately 8,700 square feet of ground floor commercial uses and approximately 24 off-street parking spaces. The project site is located within the C-3-O (Downtown Office) Zoning District and the 150-S Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S): Jay Boothe, Joe Brennan

ACTION: Approved as amended and read into the record by Commissioner Sugaya

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

MOTION: 17780

6b. 2007.1337XH (A. HEITTER: (415) 558-6602)

134-140 NEW MONTGOMERY STREET - west side between Minna and Natoma Street, Lot 008 of Assessor's Block 3722 - Request for Permit to Alter for the construction of a one-story glazed canopy at the rear façade, partial demolition of a 1951 addition at the 27^th floor, a one-story vertical addition at the 27^th floor, limited alterations to the ground floor fenestration, and replacement windows associated with the proposal to convert and rehabilitate an office building to 118 residential units with approximately 8,700 square feet of ground floor commercial uses and approximately 24 off-street parking spaces. The project site is designated a Category I (Significant) Building under Article 11 within the New Montgomery-Second Street Conservation District, and is located within the C-3-O (Downtown Office) Zoning District and the 150-S Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S): Same as those listed for item 6a

ACTION: Approved as amended and read into the record by Commissioner Sugaya

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

MOTION: 17781

D. COMMISSIONERS' QUESTIONS AND MATTERS

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.

E. DIRECTOR'S REPORT

7. Director's Announcements

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

F. GENERAL PUBLIC COMMENT – 15 MINUTES

SPEAKERS:

Eugene Phillips – regarding Planning rules

G. REGULAR CALENDAR

9. (J. SWITZKY: ($15) 575-6815)

Ground Floor Residential Design Guidelines - Resolution to Adopt the Draft Ground Floor Residential Design Guidelines as required by Planning Code Sections 144, 145.1 and 827. Sections 144, 145.1, and 827 of the Planning Code (as amended through the pending Eastern Neighborhoods Code package) require that in RTO, NCT, DTR, and Eastern Neighborhoods Mixed Use (MUO, MUG, MUR, UMU, and SPD) districts all off-street parking located above grade must be set back from all street frontages and lined with active uses. These Sections state if residential uses are proposed in new construction to satisfy the requirement for active uses that their design be consistent with the Ground Floor Residential Design Guidelines as adopted and periodically amended by the Planning Commission. The guidelines in this document supplement the existing design policies and principles in the General Plan and the requirements and standards in the relevant Planning Code sections.

Preliminary Recommendation: Approval

SPEAKER(S): None

ACTION: Without hearing, continued to December 18, 2008

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

ABSENT: Lee

NOTE: Item 10 was taken out of order and considered at 5:00 p.m. as item No. 13

10. (E. FORBES: (415) 558-6417)

DISCRETIONARY REVIEW REFORM - Hearing for the Commission to consider staff recommendations for modification to the discretionary review process. This is an action plan item.

Preliminary Recommendation: No Action Required

11a. 2008.0868dDV (G. cabreros: (415) 558-6169)

2734 baker street - east side of street between Filbert and Union Streets, Assessor's Block 0947; Lot 051 - Requests for Discretionary Review of Building Permit Application No. 2006.05.24.2394 to construct a one-story-over-crawl-space rear addition 14 feet beyond the rear wall of the existing three-story, two-unit building within 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

(Continued from Regular Meeting of November 13, 2008)

SPEAKER(S): Tito Patri

ACTION: The Commission did not take discretionary review and approved as proposed

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

ABSENT: Borden

DRA: 0050

11b. 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.

(Continued from Regular Meeting of November 13, 2008)

SPEAKER(S): Same as those listed for item 11a

ACTION: Acting Zoning Administrator, Director Rahaim, closed the public hearing and granted the variance

12. 2006.1409D (R. CRAWFORD: (415) 558-6358)

2200-2210 Market Street - northwestern corner of Market and 15^th Streets Lot 001, of Assessor's Block 3560 - Mandatory Discretionary Review of a project exceeding 50 feet in height within the Market-Octavia Neighborhood Plan area. The proposal is to demolish the existing full service restaurant building (Thai House restaurant) and construct a mixed use building with underground parking, ground floor commercial uses and 22 residential units in the Upper Market Neighborhood Commercial, Transit Oriented District and 50X and 40X Height and Bulk Districts.

Preliminary Recommendation: Take Discretionary Review and Approve the Permit with Conditions

SPEAKER(S): None

ACTION: The Commission did not take discretionary review and approved as proposed

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

DRA: 0051

13. (E. FORBES: (415) 558-6417)

DISCRETIONARY REVIEW REFORM - Hearing for the Commission to consider staff recommendations for modification to the discretionary review process. This is an action plan item.

Preliminary Recommendation: No Action Required

SPEAKER(S): Steven Aiello, Jed Lane, Judith Hoyem, John Schlesinger, Bob Passmore, Simon Kwan, Luke O'Brien, Dennis Flynn, Paul Wermer, John Bardis, Patricia Vaughey, Jim Westover, Nancy Wuerfel, Terry Milne, Penelope Clark, Henry Karwilowicz, Kelton Rinney, Alex Schroeler, Peter Cohen, Judith Berkowitz, Kristin Hansen, Eric Hansen, Louis Felthouse, Geoff Wood, Hiroshi Fukuda, Joe Acayan, Kirk Scott, Kevin Wallace

ACTION: Informational only – no action required

G. 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: 8:55 p.m.

Adopted: October 1, 2009

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