June 5, 2008

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, June 5, 2008

1:30 PM

Regular Meeting

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

COMMISSIONER ABSENT: Moore

THE MEETING WAS CALLED TO ORDER BY PRESIDENT OLAGUE AT 1:47 P.M.

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Larry Badiner – Zoning Administrator, Amit Ghosh – Chief Planner, AnMarie Rodgers, Adam Light, Susan Michelsen, Adam Varat, and Linda Avery – Commission Secretary.

A. CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

The Commission will consider a request for continuance to a later date. The Commission may choose to continue the item to the date proposed below, to continue the item to another date, or to hear the item on this calendar.

1. 2005.0142E (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 March 27, 2008)

(Proposed for Continuance to September 18, 2008)

SPEAKER(S)

Stephen Williams

- This case has been pending for a long time and we received a call two weeks ago from the planner saying that there was a request for continuance and that the applicant was going to get in contact with us.

- I'm requesting that the Commission deem this project as withdrawn.

Alice Barkley, Project Sponsor Representative

- I originally requested the continuance because I am on call for jury duty, and as you know I can not commit myself to anything for the entire week.

- The Board of Supervisors decided that this should not be a categorical exemption. Rather, it should be a much higher project requiring the sponsor to do evaluation of a potential historic district.

GaryGee, Architect

- We recommended that project sponsor order a survey to measure the buildings, adjacent footprints, and the heights. There is a cross slope on the site and we want to get all that information accurate.

Jane

- Spoke against the continuance because this project has been going on for a long time. It seems that they were caught short at the last minute.

- Allow this project to be withdrawn and start again.

[No name stated]

- This is a very confused situation and I think it is better if this project is withdrawn.

ACTION: Continued as proposed

AYES: Olague, Miguel, Antonini and Lee

EXCUSED: Sugaya

ABSENT: Moore

2. 2007.1355T (T. SULLIVAN-LENANE: (415) 558-6257)

Ordinance amending the San Francisco Planning Code by adding Section 785 to establish the Mission/Bernal Formula Retail Restricted Use Subdistrict and to amend Section 703.3 to prohibit formula retail uses in the Mission/Bernal Formula Retail Restricted Use Subdistrict [Board File No. 07-1561]. Ordinance introduced by Supervisor Ammiano amending the San Francisco Planning Code by adding Section 785 to establish the Mission/Bernal Formula Retail Restricted Use Subdistrict; amending Section 703.3 to prohibit formula retail uses in the Mission/Bernal Formula Retail Restricted Use Subdistrict; amending Sectional Maps SU 07 and SU 11 of the Zoning Map of the City and County of San Francisco to establish the boundaries of the Mission/Bernal Formula Retail Restricted Use Subdistrict; adopting finding, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

Preliminary Recommendation: Approval with Modifications

(Continued from Regular Meeting of April 24, 2008)

(Proposed for Continuance to August 14. 2008)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Olague, Miguel, Antonini and Lee

EXCUSED: Sugaya

ABSENT: Moore

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

3. 2008.0244C (Tape IA) (D. Sánchez: (415) 575-9082)

2809 24^th Street - south side of 24^th, between York Street and Bryant Street, Lot 033 in Assessor's Block 4267 - Request for Conditional Use Authorization under Planning Code Sections 727.42 and 303 to allow for a Full Service Restaurant (dba Sushi Bistro) within the 24^th Street - Mission Neighborhood Commercial Zoning District and a 40-X Height and Bulk designation.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S): None

ACTION: Approved

AYES: Olague, Miguel, Antonini, Lee and Sugaya

ABSENT: Moore

MOTION: 17609

Items 4a and 4b were taken off the consent calendar

4a. 2007.1163C (Tape IA) (A. LIGHT: (415) 558-6254)

140 Ellis Street - north side between Cyril Magnin and Powell Street, Lot 023 in Assessor's Block 326 - Request for Conditional Use Authorization to expand an existing hotel use by converting the existing 77 residential hotel rooms into tourist hotel rooms within the six-story mixed use structure. This change of use would increase the number of tourist rooms from the existing 47 tourist rooms to a total of 124 tourist hotel rooms. The project does not propose any modifications to the building exterior or interior and consists of the change of use only. As provided under the San Francisco Administrative Code, 65 residential hotel rooms at the project site (to be converted to tourist hotel rooms) will be replaced at 317 Leavenworth Street. This actual two-way conversion itself is also the subject of the Conditional Use request. (A companion common open space and parking variance case for 317 Leavenworth (Case No. 2007.1164V) to permit the replacement of the residential hotel rooms will be considered by the Zoning Administrator concurrently with this case.) The remaining 12 residential hotel rooms will be converted to tourist hotel rooms through the payment of an in-lieu fee as provided in the Administrative Code. (The in-lieu fee payment provision is NOT subject to Conditional Use authorization.) The project site is located in a C-3-G (Downtown General Commercial) Zoning District and an 80-130-F Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of April 24, 2008)

SPEAKER(S)

Tuija Catalano, Project Sponsor Representative

- We asked that the item be pulled off consent because we have some additional language we would like to add. I understand that the City Attorney would prefer that it not be conditions but findings.

- We are suggesting that two items be added as findings.

- We have agreed to provide a service area for the Department of Human Services at the ground level of the building. The second finding involves the remaining 12 units and that our intent is to convert them through the in-lieu process. We are asking to convert all the remaining 77 SRO units into tourist hotel rooms.

Michael Nulty

- Project sponsor did not do much outreach. They just posted the notices on site that are required.

- Residents in the SRO deserve adequate resources and you are taking that site away that probably has better service because of the location.

John Nulty

- The community has not been able to do any public review with consideration of these projects. The project should go forward but sponsor should continue to work with staff.

ACTION: Approved as modified by Deputy City Attorney with the following findings:

-The project sponsor intends to provide a service area for use by the Department of Human Services or similar social service provider at the subject ground level.

-Condition #10: Project sponsor intents to seek conversion of the remaining 12 units in accordance with Administrative Code, Chapter 41, and staff can recommend if it is either cost effective and not cost prohibitive.

AYES: Olague, Miguel, Antonini, Lee and Sugaya

ABSENT: Moore

MOTION: 17610

4b. 2007.1164V (A. LIGHT: (415) 558-6254)

317 Leavenworth Street- northwest corner of intersection with Eddy Street; Lot 005 in Assessor's Block 0334 - Request for Residential Open Space and Off-Street Parking Variances. The proposal is to convert the existing 65 tourist hotel room into 65 residential hotel rooms in conjunction with a reverse conversion at 140 Ellis Street. The existing building occupies the lot almost entirely, and none of the proposed residential hotel rooms would be provided with any private or common open space, nor would any off-street parking spaces be provided. The project site is located in an RC-4 (Residential-Commercial, Combined, High Density) Zoning District and an 80-T Height and Bulk District.

(Continued from Regular Meeting of April 24, 2008)

SPEAKER(S): Same as those listed on item 4a

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

Item 5 was taken off the consent calendar

5. 2007.1362X (Tape IA) (K. GUY: (415) 558-6162)

1145 MARKET STREET - south side between Seventh and Eighth Streets, Lot 044 in Assessor's Block 3702 - Section 309 Determination of Compliance to replace the existing copper cupola roof feature with a glass roof that would increase the height of this element by three feet at the top of this thirteen story office building. The project site is within a C-3-G (Downtown General Commercial) Zoning District and a 120-X Height and Bulk district.

Preliminary Recommendation: Approval with Conditions.

(Continued from Regular Meeting of April 17, 2008)

SPEAKER(S)

Tuija Catalano, Project Sponsor Representative

- This is a relatively small project involving a minor change to an existing building and has no current or past opposition.

- The project consists of the replacement of an existing copper cupola roof with exterior illumination with internally illuminated glass roof that is more compatible with the building.

- In San Francisco, as of today, there are no standards and threshold against which this project or any other project can be evaluated against.

- We strongly feel that we have addressed the concern about light pollution and energy consumption by proposing something that will actually result in a positive contribution.

ACTION: Approved

AYES: Olague, Miguel, Antonini and Lee

NAYES: Sugaya

ABSENT: Moore

MOTION: 17611

C. COMMISSIONERS' QUESTIONS AND MATTERS (Tape IA)

6. 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 Miguel

- I just wanted to comment on a gathering on Friday to celebrate the completion of the Market – Octavia Plan. Director Rahaim, David Alumbaugh, AnMarie Rodgers, the entire team of the Market – Octavia Plan, and the entire neighborhood groups that have struggled since 1998 on this were there.

- Everyone breathed a sigh of relief and toasted the plan and toasted each other. It was a very joyous occasion.

Commissioner Sugaya

- Just for the members of the audience: If you have noticed that all the Commissioners are wearing red ties, we do get together and try to coordinate these things. We just have not been able to bring the staff along [laugh].

Commissioner Antonini

- One thing that we really never had is a hearing about the various zoning categories. We understand a lot of them but some of them are a little bit mysterious.

- It would not hurt to have a session where we talk about why these are zoned in a certain way and what the differences are. Some time in the future that might be a good hearing to have.

Commissioner Lee

- I just want to get a sense if we scheduled a joint hearing with Building Inspection because of questions regarding seismic concerns, but also the issue last week concerning some permits that were allegedly abused.

- There were a lot of issues and we need to work them out with Building to make sure that when there are problems we address them right away.

Secretary Avery

- That meeting will be scheduled after we are done with Eastern Neighborhoods.

D. DIRECTOR'S REPORT (Tape IA; IB)

7. Director's Announcements

Director Rahaim

- I want to thank Commissioner Miguel for attending the celebration on Friday. I think it is the first time that I have ever attended a celebration sponsored by a community organization to celebrate a plan.

- The entire City's budget is at the Board of Supervisors. The Department's hearing is scheduled for the 18^th of June and we are working with the Board members to review our budget and to go over the details of the budget proposal. I will give you a presentation about it next week.

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

AnMarie Rodgers

Land Use Committee

- Eastern Neighborhoods Plan concurrent series of Commission/Board presentations.

Full Board

A- Text and map amendments to establish PDR definitions and to map the districts within the Bay View Hunter's Point area. Passed

B- Three extensions for Planning Review – These will extend the amount of time that this Commission has to review legislations that affects land use. One of them is currently a topic of Commissioner Request. Commissioner Lee requested information about a legislation introduced by Supervisor Dufty titled  Incentives for Residential Inclusionary Affordable Housing Program. This legislation would allow for density bonuses for project applicants who develop on-site affordable units with 2 or more bedrooms. This particular piece of legislation requires a higher degree of environmental review. Therefore, we requested the deadline for your review to a date to be determined.

C- Legislations introduced:

a. Supervisor Peskin – Resolution declaring intent to establish a community benefit district for the Broadway Entertainment Corridor. This item will involve public hearings and a vote of property owners but does not directly involves the Planning Department/Commission.

b. Supervisor Daly –  Eastern Neighborhoods Community Stabilization Fee and PDR Replacement Program'

c. The Mayor introduced ordinances that would modify certain fees contained in the Planning Code. Our finance staff has worked on these ordinances and will bring a total of 4 fee related ordinance on June 19.

D- Introduced a Motion to appoint Gwyneth Borden to the Planning Commission.

Larry Badiner, Zoning Administrator

Board of Appeals

- They have a new Commissioner appointed - Kendall Goh. She will start at the Board next Tuesday.

E. GENERAL PUBLIC COMMENT – 15 MINUTES (Tape IB)

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.

SPEAKER(S)

John Bardis, Re: Academy of Arts University

- We have lost over 700 units of affordable housing because they have been taken over by the Academy of Arts University without getting the proper permits for the acquisition. They have no Master Plan; neither have they complied with the California Environmental Quality Act and yet no penalties have been elaborated.

F. PUBLIC COMMENT ON AGENDA ITEMS WHERE THE PUBLIC HEARING HAS BEEN CLOSED (Tape IB)

At this time, members of the public who wish to address the Commission on agenda items that have already been reviewed in a public hearing at which members of the public were allowed to testify and the public hearing has been closed, must do so at this time. Each member of the public may address the Commission for up to three minutes.

SPEAKER(S) – [all comments are regarding Item 9, SFPUC New Crystal Springs Bypass Tunnel]

(+)Anthony Constantouros

- I just want to make sure that you received my comments that I faxed in favor of certifying the EIR. I brought copies with me.

(+)Joseph Lococo

- Urged SFPUC to continue working closely with the county and the community as the project proceeds to minimize impacts.

(+)James Simunovich

- Spoke in support of the project because it is an important element of the transition system to bring water to costumers in the Peninsula. I urge the Commission to certify the EIR.

(+)Kevin Hughes

- The document adequately and accurately addressed the items of concern: vibration, construction noise, work hours, mechanism for community outreach, and addressing the community's concerns.

(+)William Nack

- Requested to certify the final Environmental Impact Report because it does an excellent job identifying and evaluating the impacts associated to this project and mandating measures to reduce/avoid potential/significant impacts.

(-)Eugene Ciranni

- There have been land slides on top of the current tunnels and in an instance of earthquake, it is likely to affect the dam.

- Suggested that the staging area proposed to be built on the South side, be built on the North side instead.

(-)Todd Anenson

- There are 120 home owners that are going to be greatly impacted because there would be construction 24 hours a day for three years.

(+)Michael Theriault

- We can not deny that there is going to be affects but you have to weigh in the balance of what the project means for the City of San Francisco.

(+)Art Morimoto

- The project is a critical need for long term protection of our Peninsula communities and the EIR did a comprehensive job addressing the potential environmental impacts.

(+)George Brodar

- The reinforcement of the current bypass for the tunnel is the most effective way to ensure that the system continues to deliver water after a major earthquake.

(+)Nicole Sanakulla

- The report does a good job addressing the potential impacts and we urge you to certify it for this critical need project to go forward for the long term protection of the communities.

(+)Matthew Zucca

- It is very important that this bypass be stable and continues to serve in its current function. Otherwise, in an emergency situation, we will face a very severe impact.

(+)Ron Myers

- I have worked on the construction of different tunnels and there are a lot of ways to mitigate noise during construction.

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

9. 2003.0655E (Tapes IB; IIA) (S. MICKELSEN: (415) 575-9039)

SFPUC NEW CRYSTAL SPRINGS BYPASS TUNNEL - Certification of the Final Environmental Impact Report - prepared for San Francisco Public Utilities Commission's (SFPUC) proposed New Crystal Springs Bypass Tunnel Project which proposes to excavate a 4,200-foot long tunnel at depths ranging from about 60 to 200 feet along Polhemus Road in San Mateo County. A 96-inch pipeline inside the tunnel would convey drinking water to San Francisco and San Mateo County customers. The tunnel would replace an existing pipeline with the same conveyance capacity. NOTE: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on October 9, 2007. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission during the Public Comment portion of the Commission calendar.

Preliminary Recommendation: Certify Environmental Impact Report

SPEAKER(S)

Ed Harrington, General Manger of Public Utility Commission

- The Crystal Spring Bypass Tunnel is one of the most critical sections of work that needs to be done to strengthen and it calls for a systematic seismic reliability in our entire system.

- We understand that construction is inconvenient for neighbors at time but we believe we will be addressing those issues to the extent that they can possibly be addressed. We have significant experience in San Francisco for these types of projects.

Todd, Project Manager

- The water system serves two and a half million people in seven counties, including San Mateo and San Francisco.

- Many of the system's components were built well over three quarters of a century ago. The system is vulnerable to failure given a significant earthquake on any of the San Andres, Hayward or any other faults.

- There is an estimated 63% chance of a major earthquake hitting our region within the next 25 years. We are really in a race against time here.

- Should this project be approved, we will implement the following measures to ensure that impacts to the community are minimized: construction management team specializing in tunnel construction, keep the community well informed with a full time communication liaison on-site during construction, we will be monitoring that all the mitigations standards mentioned in the EIR be met, there will be a zero tolerance policy for deviations of these standards.

ACTION: EIR Certified

AYES: Olague, Miguel, Antonini, Lee and Sugaya

ABSENT: Moore

MOTION: 17612

H. REGULAR CALENDAR

3:30 P.M. - - [Although the following item may be called after the listed time, it will not be called before.]

10. (Tape IIA) (A. VARAT: (415) 558-6405)

BETTER STREETS PLAN - Staff will give an informational presentation on the Draft Better Streets Plan, which was released to the public on June 2, 2008. The Better Streets Plan creates a unified set of standards, guidelines, and implementation strategies to govern how the City designs, builds, and maintains its pedestrian environment. It is a collaboration between the Planning Department, DPW, MTA, PUC, and other City departments.

Preliminary Recommendation: Informational only, no action requested.

SPEAKER(S)

Christina Oleya, Pedestrian Program Manager - SFMTA

- We are responsible for transportation engineering and management for all roadway users. Our departments have been working together on the Better Street Plan for the past year and a half.

- Our focus, at SFMTA, has been on pedestrian safety, mobility and accessibility for everyone but especially for our vulnerable pedestrian.

- We are very excited for presenting the draft plan today.

ACTION: No action is required of the Commission. Informational presentation

I. 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

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

SPEAKER(S)

Joseph Laguna

- I am a victim of the San Francisco Police Department and I filed a suit against them. The Sheriff s Department should be the ones running the Market Street.

Roy Olson

- Last week watching the meeting I was amazed that Mr. Badiner could not find the planner who signed off plans for a project.

Adjournment: 5:25 P.M.

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

SPEAKER(S): None

ACTION: Approved

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

NOTE: Per Section 67.18 of the Administrative Code for the City and County of San Francisco, Commission minutes contain a description of the item before the Commission for discussion/consideration; a list of the public speakers with names if given, and a summary of their comments including an indication of whether they are in favor of or against the matter; and any action the Commission takes. The minutes are not the official record of a Commission hearing. The audiotape is the official record. Copies of the audiotape may be obtained by calling the Commission office at (415) 558-6415. For those with access to a computer and/or the Internet, Commission hearings are available at www.sfgov.org. Under the heading Explore, the category Government, and the City Resources section, click on SFGTV, then Video on Demand. You may select the hearing date you want and the item of your choice for a replay of the hearing.