May 28, 2009

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, May 28, 2009

1:30 PM

Regular Meeting

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

THE MEETING WAS CALLED TO ORDER BY PRESIDENT MIGUEL AT 1:37 P.M.

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Larry Badiner – Zoning Administrator, AnMarie Rodgers, Steve Wertheim, Tara Sullivan, Rosemary Dudley, Diego Sanchez, Mary Woods, Don Lewis, Rick Crawford, Ben Fu, Sara Vellve, 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. 2009.0319X (C. TEAGUE: (415) 575-9081)

340 FREMONT STREET - south side between Harrison and Folsom Streets, Lots 006 to 009 in Assessor's Block 3748 - Request under Planning Code Sections 309.1, 825 and 827 for the authorization of a change in previously approved conditions of approval to extend the performance period within the RH DTR (Rincon Hill Downtown Residential Mixed Use) District with a 85/250-R Height And Bulk Designation.

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to June 11, 2009)

SPEAKERS: None

ACTION: Continued as proposed

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

2. 2009.0237X (B. FU: (415) 558-6613)

399 Fremont Street - northeast corner of Harrison and Fremont Streets, Lot 002 in Assessor's Block 3747 - Request under Planning Code Sections 309.1, 825 and 827 for the authorization of a change in previously approved conditions of approval to extend the performance period within the RH DTR (Rincon Hill Downtown Residential Mixed Use) District With A 85/400-R Height And Bulk Designation.

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to June 11, 2009)

SPEAKERS: None

ACTION: Continued as proposed

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

3. 2009.0191X (B. FU: (415) 558-6613)

45 Lansing Street - south side of Lansing Street on a through lot that also fronts Harrison Street, between First and Essex Streets, Lot 059 in Assessor's Block 3749 - Request under Planning Code Sections 309.1, 825 and 827 for the authorization of a change in previously approved conditions of approval to extend the performance period within the RH DTR (Rincon Hill Downtown Residential Mixed Use) District With A 65/400-R Height And Bulk Designation.

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to June 11, 2009)

SPEAKERS: None

ACTION: Continued as proposed

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

B. COMMISSIONERS' QUESTIONS AND MATTERS

4. 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 Moore:

This is regarding a press release that came through Mayor Newsom's office the other day. Treasure Island is one of 16 projects world wide which is to partner with the Clinton initiative on climate-positive development, which is done in partnership with the US Green Building Council. This is a phenomenal achievement in that it is a prestigious recognition and I think it is going to get us right in the middle of a very important GREEN discussion for major development, which I believe we can derive a lot of larger scale planning and architectural decisions from as we into our other projects in the city. So congratulations to TIDA, to the Citizen's Advisory, and to everybody else.

Commissioner Miguel:

I've had discussions with people during the week regarding Transbay Terminal and various projects that hope to be proposed there, as well as with some people regarding the Saint Lucks project, CPMC, and more particularly, the entire area around the Saint Lukes site.

Commissioner Antonini:

I also have had discussions with individuals involved with some of the Transbay Terminal projects. I also had a visit to the Sequoyas in conjunction with their possible concern about a project that may come forward I think at 1333 Gough.

Commissioner Moore:

I was at the opening of the SPUR Urban Center last night. A lovely building for all of us to see and really understand small contemporary good architecture, including what I believe is a perfect place for SPUR to continue what they do and do it well.

C. DIRECTOR'S REPORT

5. Director's Announcements

Director Rahaim:

On Tuesday evening, we held the fourth in a series of public workshops on the Transit Center District Plan. The primary topic on Tuesday evening was the Economic proposal, the financial program you saw here last week. There were about 60 to 70 people in attendance. Just as a reminder, we are proposing to have a complete draft of the plan out for public review starting at the end of June. We hope that the draft EIR will be completed by the end of the year. On Wednesday evening we held a public workshop on the Northeast Waterfront project that we are doing with the Port to look at urban design guidelines and public realm guidelines for that section of the waterfront north of Market and on up to North Point to include several parcels owned by the Port. We had about a hundred people in attendance. This is the first in a series of meetings. This is meant to be about an eight month planning process where we will focus very specifically on guidelines and public realm proposals for that section of the waterfront. We are working with the Port and Supervisors Chiu's office. The second of those meetings is not yet scheduled, but is likely to happen in early July.

6. Review of Past Week's Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.

BOARD OF SUPERVISORS

The meetings were canceled this week

BOARD OF APPEALS

The meeting was canceled this week

HISTORIC PRESERVATION COMMISSION

The Commission did not have a scheduled meeting this week

7. (L. Badiner: (415) 558-6350)

Informational Hearing to discuss the Department's implementation of Planning Commission decisions including: (1) conditions of approval, and (2) conformity with approved plans and permissible design refinement.

SPEAKERS:

Judge Quintin Kopp, David Marcatt, Steve Vettel, Joe Butler, Pierre Lowe, Sue Hestor

ACTION: Informational only without Commission action

D. GENERAL PUBLIC COMMENT – 15 MINUTES

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting. Each member of the public may address the Commission for up to three minutes.

SPEAKERS: None

1. REGULAR CALENDAR

8. 2009.0381U (S. WERTHEIM: (415) 558-6612)

PROPOSED LEGISLATION ADDING WESTERN SOMA SEAT TO THE EASTERN NEIGHBORHOODS CITIZENS ADVISORY COMMITTEEPROPOSED LEGISLATION REGARDING EASTERN NEIGHBORHOODS CITIZENS ADVISORY COMMITTEE - The Planning Commission will consider providing comments on a proposed Board Ordinance amending the Administrative Code Sec. 10E.9 that would enable the Western SoMa Planning Area Task Force to appoint a seat to the Eastern Neighborhoods Citizens Advisory Committee. The Planning Commission will also consider providing comments on a proposal to enable the District 9 Supervisor to appoint an additional seat to the Eastern Neighborhoods Citizens Advisory Committee.

Preliminary Recommendation: Approval with modifications

SPEAKERS:

Supervisor Campos and Jim Meko

ACTION: Approved staff's recommendation for two non-voting seats representing Western SOMA but appointed by the District 6 Supervisor until such time as Western SOMA establishes a public benefit fund, at which time the appointees would become voting members; one additional voting seat for District 9; and corresponding seats appointed by the Mayor

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

NAYES: Sugaya

RESOLUTION: 17887

9. 2008.1008T (T. SULLIVAN: (415) 558-6257)

Amendments to Planning Code by amending Appendix K of Article 10: Bush Street/Cottage Row Historic District[Board File No. 08-1251]. Ordinance introduced by Supervisor Mirkarimi to amend to Appendix K of Article 10 of San Francisco Planning Code: Bush Street/Cottage Row Historic District, by adding a new Section 7 to set forth additional requirements for Certificates of Appropriateness; and adopting findings, including Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval.

(Continued from Regular Meeting of May 21, 2009)

SPEAKERS: None

ACTION: Approved

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

ABSENT: Olague

RESOLUTION: 17888

10. 2009.0268T (T. SULLIVAN: (415) 558-6257)

Amendments to Planning Code by adding Section 790.107 to define a Philanthropic Administrative Service Use [Board File No. 09-0367]. Ordinance introduced by Supervisor Alioto-Pier that would add Section 790.107 to define a Philanthropic Administrative Service Use and by adding 718.85 to the Zoning Control Table in Section 718 to authorize a Philanthropic Administrative Service Use as a permitted use in the Upper Fillmore Street Neighborhood Commercial District; amending Sheet NZ02 of the Zoning Maps of the City and County of San Francisco to change the zoning for Assessor's Block 0630, Lot 032 (2503 Clay Street) from RH-2 to NCD; and adopting findings, including Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval.

(Continued from Regular Meeting of May 14, 2009)

SPEAKERS:

Catherine Stefani – Aide to Supervisor Alioto-Pier; and Paul Wermer

ACTION: Approved

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

ABSENT: Lee

RESOLUTION: 17889

11. (R. DUDLEY: (415) 575-9068)

JAPANTOWN BETTER NEIGHBORHOOD PLAN- First of Two Informational Presentations on the Draft Japantown Better Neighborhood Plan. This two year community planning process has resulted in a draft plan that is seeking endorsement by the Commission on June 25^th. The two informal presentations will be organized by topics. This presentation will provide an overview of the planning process and focus on the Draft Plan's recommendations for community and economic development and community heritage. The presentation on June 4th will focus on recommendations for land use, built form and public realm.

Preliminary Recommendation: No action required.

SPEAKERS:

Bob Hamaguchi, Paul Wermer, Richard hashimoto, Sandy Mori, Pierre Gasztowtt, Ted Weber, Ann Cheng, Jack Gold, Kirya Matsuno, Paul Osaki, Aaron Kitashima, Ken Maeshirb, Lori Matoba, Jeffrey Chu, , Ali Kagawa, Betty Landis, [un-named speaker], Hiroshi Fakuda, Alice Barklely, Clint Taura, Noel Fakuda, Andrew Junius, Lisa Pagon 0 Mayor's Office of Workforce Development

ACTION: Informational only – There was no Commission action. The second presentation was moved to June 18, 2009

12. 2009.0126C (D. SÁNCHEZ: (415) 575-9082)

2760 24^TH STREET – north side, between York and Hampshire Streets; Lot 016 in Assessor's Block 4210 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 727.26, 727.69A and 303 to allow for the legalization of a Self-Service Specialty Food use (dba Dynamo Donuts) with Walk-Up Facilities within the 24^th Street – Mission Neighborhood Commercial Transit District and a 55-X Height and Bulk District

Preliminary Recommendation: Approval with conditions

SPEAKERS:

Jeremy Paul – Representing the Project Sponsor

ACTION: Approved

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

MOTION: 17890

13. 2009.0029C (M. WOODS: (415) 558-6315)

3208 SCOTT STREET – (AKA 2396 - 98 LOMBARD STREET) - northeast corner at Lombard Street; Lot 022 in Assessor's Block 0489 - Request for Conditional Use Authorization to allow a conversion from residential use to a medical service use for a dental office (dba Cable Car Dental) pursuant to Sections 303(c), 317 and 712.38 of the Planning Code, in the NC-3 (Moderate-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

SPEAKERS:

Hanson Chow – Project Architect

ACTION: Approved

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

ABSENT: Moore

MOTION: 17891

14. 2005.0979E (D. LEWIS: (415) 575-9095)

FOX PLAZA EXPANSION (1390 MARKET STREET)- Appeal of a Mitigated Negative Declaration. The project site (Assessor's Block 0813, Lot 006) is located on the northwest corner of Market and 9^th Streets in the Downtown/Civic Center area. The proposed project would demolish an existing two-story retail and office building and construct a new 120-foot-tall, 11-story building containing up to 250 dwelling units and approximately 19,880 gross square feet of ground-floor retail use. There would be no change to the existing Fox Plaza mixed-use tower, and no new parking would be provided (18 existing spaces would be removed); parking for the new residential units would be within the existing two-level basement garage at Fox Plaza, accessed from Hayes Street. The project site is located in a C-3-G (Downtown General Commercial) Use District and a 120-X/200-S Height and Bulk District.

Preliminary Recommendation: Uphold Mitigated Negative Declaration

(Continued from Regular Meeting of May 14, 2009)

SPEAKERS:

Sue Hestor – Appellant; and Andrew Junius – Representing the Project Sponsor

ACTION: Mitigated Negative Declaration was upheld

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

NAYES: Sugaya

MOTION: 17892

15. 2005.0979XE (R. CRAWFORD: (415) 558-6358)

1390 Market Street (aka Fox Plaza) - between Polk and Larkin Streets Lot 006, of Assessor's Block 0813 - Request under Planning Code Sections 309.1, 148, and 152.1 for determinations of compliance and exceptions for reduction of ground level wind currents, and off street loading. The project would demolish the existing two-story retail and office building adjacent to the existing Fox Plaza office/residential tower and construct a new 120-foot-tall, 11-story building containing up to 250 residential units above approximately 19,880 gross square feet of retail use on the ground floor. This project lies within a C-3-G (Downtown, General Commercial) District and within the 120-X and 200-S Height and Bulk Districts.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular meeting of May 7, 2009)

SPEAKERS:

Mark Conroe – Project Sponsor; Jeff Heller – Project Architect; Andrew Junius – Representing the Project Sponsor; Manny Flores – Local 22; Tim Colen – San Francisco Housing Action Coalition; Floyd Bland – City Team Ministries; Sue Hestor – San Franciscans for Reasonable Growth; Ryan Pierre

ACTION: Approved as amended: the following three paragraphs were added to Section 8.A of the motion starting on page 8:

The analysis of wind effects shows that the pedestrian level winds at this site will be more hazardous without this project than with it. Additional tall towers around this exceptionally windy area of the City will help reduce the number of hazard exceedances. Both wind tunnel and qualitative analysis of this project come to that conclusion.

The project seeks an exception under Section 309(a)(2) of the Planning Code, because it does not eliminate the pre-existing comfort level exceedances. Wind tunnel testing for the project identified 27 points where that level is exceeded. With the project, the comfort level exceedances are 26. No new exceedances are produced by the project and one exceedance will be eliminated.

The past twenty-five years of wind analysis have demonstrated that there is no feasible way that a project in a highly windy area can be designed to eliminate all pre-existing comfort level exceedances. That is why the exception process was written into the Code, and this project meets the required findings, that 1) the project cannot be shaped to meet the requirement, and 2) the limited amount of comfort exceedances, and the location, are insubstantial;

On page 19, under General Conditions G. Performance (2). the condition was changed by adding "or by legal challenge" to the end of the first sentence; Finally under Conditions Prior to Site Permit, 2.D design was amended to add three additional items as follows (change is underlined):

Configuration of retail units,

Retail storefront treatments,

Design and configuration of the public plaza at the main entry to the Fox Plaza complex.

Pedestrian level detailing

Reducing the amount of glass and refining the inverted form on the corner of Market and Hayes Streets.

The revised design shall be presented to the Planning Commission as an informational item.

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

MOTION: 17893

16a. 2006.1287D (B. FU: (415) 558-6613)

71 Bishop STREET - east side between Ankeny and Harkness Streets, Lots 012 and 013 in Assessor's Block 6168 - Mandatory Discretionary Review pursuant to Planning Code Section 317, of Building Permit Application No. 2006.11.03.6812, proposing the demolition of a one-story over garage, single-family dwelling, located in the RH-1 (Residential, House, One-Family) Zoning 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 May 7, 2009)

SPEAKERS:

Alex Nie - Project Architect; Pat Buscovich – Representing the Project Sponsor; Eileen – A neighbor in the back of the project; [un-named speaker] – A neighbor in the back of the project

ACTION: The Commission did not take discretionary review and approved the demolition

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

DRA #: 0083

16b. 2009.0228D (B. FU: (415) 558-6613)

71 Bishop STREET - east side between Ankeny and Harkness Streets, Lots 012 and 013 in Assessor's Block 6168 - Mandatory Discretionary Review pursuant to Planning Code Section 317, of Building Permit Application No. 2006.11.03.6814, proposing the construction of two new two-story over garage, single-family dwellings, located in the RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District.

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

(Continued from Regular meeting of May 7, 2009)

SPEAKERS: Same as those listed for item 16a

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

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

DRA #: 0084

17. 2009.0256D (S. VELLVE: (415) 558-6263)

1760-1770 FILBERT STREET - north side between Gough and Octavia Streets; Assessor's Block 0520, Lot 012 - Request for Discretionary Review of Building Permit Application No. 2008.01.27.5213 proposing to legalize an approximately 10-foot wide one-story side horizontal addition to the east property line (not visible from the street) to an existing 16-unit building located in an RH-3 (House, Three-Family) Zoning District and 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve with modifications.

SPEAKERS on request for continuance:

Rashad – Representing the DR Requestor requested a two week continuance; Daniel Ewald - Project Architect opposed the request for continuance

SPEAKERS on the project:

Pat Buscovich – Representing the Project Sponsor; and Daniel Ewald - Project Architect

ACTION: The Commission took discretionary review and approved the project with modifications proposed by staff

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

ABSENT: Lee

DRA #: 0085

18a. 2009.0048DV (S. VELLVE: (415) 558-6263)

316-318 MAPLE STREET - east side between Clay and Sacramento Streets; Assessor's Block 1012, Lot 022 - Mandatory Discretionary Review, pursuant to Section 317 of the Planning Code, of Building Permit Application No. 2007.12.18.0719 proposing to reconfigure the existing three-story five-unit building into three dwelling units in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and deny the Dwelling Unit Merger.

SPEAKERS:

Don Crawford – One of the owners

ACTION: Following a failed motion to continue this case for one month, the Commission passed a motion to take discretionary review and disapprove the project

AYES: Miguel, Borden, Moore, Olague and Sugaya

NAYES: Antonini and Lee

DRA #: 0086

18b. 2009.0048DV (S. VELLVE: (415) 558-6263)

316-318 MAPLE STREET - east side between Clay and Sacramento Streets; Assessor's Block 1012, Lot 022 - Request for Rear Yard and Noncomplying Structure Variances pursuant to Sections 134 and 188 of the Planning Code to allow the construction of an approximately 7' x 18' addition at the rear of the first floor of a three-story building containing five dwelling units (proposed to contain three) located in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

SPEAKERS: Same as those listed for item 18a

ACTION: The Zoning Administrator closed the public hearing and took the matter under advisement

F. PUBLIC COMMENT

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

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

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

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

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

SPEAKERS: None

Adjournment: 7:47 p.m.

ADOPTED: June 11, 2009