SAN FRANCISCO
PLANNING COMMISSION
Meeting Minutes
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, January 28, 2010
1:30 PM
Regular Meeting
COMMISSIONERS PRESENT: Miguel, Olague, Antonini, Borden, Lee, Moore, and Sugaya
THE MEETING WAS CALLED TO ORDER BY PRESIDENT MIGUEL AT 2:10 P.M.
STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Larry Badiner – Zoning Administrator, AnMarie Rodgers, Sharon Young, Aaron Hollister, Diego Sanchez, Adrian Putra, Michael Smith, Sarah Dennis-Phillips, Kearstin Dischinger, Abigail Keifer, Carrie Dovzak, Brett Bollinger, Rick Cooper, Steve Shotland, Steve Wertheim, Sophie Hayward, Jonas Ionin, 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.
None
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
1. 2009.0251C (S. Young: (415) 558-6346)
1910 FILLMORE STREET - southeast corner of Fillmore and Wilmot Streets; Lot 020 in Assessor’s Block 0660 - Request for Conditional Use Authorization under Sections 718.44, 186.1(c)(3)(A), and 303 of the Planning Code to allow the change of use of a full-service restaurant to a small self-service restaurant (dba Fraiche Yogurt Café) within the Upper Fillmore Street Neighborhood Commercial Zoning District and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: None
ACTION: approved
AYES: Antonini, Borden, Lee, Moore, Sugaya, Olague & Miguel
MOTION:18018
2. 2009.0387Q (A. HOLLISTER: (415) 575-9078)
333 GREENWICH STREET - west side between Pioneer Park and Montgomery Street, Lot 010 in Assessor's Block 0086 - Public hearing, under Article 9 of the Subdivision Code, to determine consistency of a proposed five-unit Condominium Conversion Subdivision with the General Plan, located in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District. The proposal is to convert the existing five-unit building to a condominium form of ownership and does not involve expansion, alteration or demolition of the existing building.
Preliminary Recommendation: Approval
SPEAKERS: None
ACTION: approved
AYES: Antonini, Borden, Lee, Moore, Sugaya, Olague & Miguel
MOTION:18019
3. 2009.0833C (D. Sánchez: (415) 575-9082)
832 Folsom Street - north side between 4th and 5th Streets, Lot 017 in Assessor’s Block 3733 - Request for Conditional Use Authorization under Planning Code Sections 815.73 and 303 to install a wireless transmission facility consisting of the replacement of three panel antennas and the addition of four new panel antennas on the elevator penthouse. The antennas and equipment are proposed in Location Preference 2 (Preferred Location – Co-Location Site) according to the Wireless Telecommunications Services Siting Guidelines, as part of Verizon Wireless’ telecommunications network within the Residential/Service Mixed Use District (RSD) and a 40-X / 85 - X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: None
ACTION: approved
AYES: Antonini, Borden, Lee, Moore, Sugaya, Olague & Miguel
MOTION:18020
4. 2009.0877C (D. Sánchez: (415) 575-9082)
1135 Evans Avenue - southwest corner of Middlepoint Road, Lot 014 in Assessor’s Block 4602A - Request for Conditional Use Authorization under Planning Code Sections 711.83 and 303 to install a wireless transmission facility consisting of three panel antennas on two existing lattice towers. The antennas and equipment are proposed in Location Preference 2 (Preferred Location – Co-Location Site) according to the Wireless Telecommunications Services Siting Guidelines, as part of Verizon Wireless’ telecommunications network within the Small Scale Neighborhood Commercial District (NC-2) and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: None
ACTION: approved
AYES: Antonini, Borden, Lee, Moore, Sugaya, Olague & Miguel
MOTION:18021
5. 2009.0773C (A. Putra: (415) 575-9079)
2111 Market Street (aka 210 Church Street) - southwest corner of Market and Church Streets; Lot 001 in Assessor’s Block 3543 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 733.41, and 303 to establish a bar (dba “Cork, A Wine Bar”) in the Upper Market Street Neighborhood Commercial Transit District (NCT), and 40-X/85-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: None
ACTION: approved
AYES: Antonini, Borden, Lee, Moore, Sugaya, Olague & Miguel
MOTION:18022
6. 2009.1005C (M. SMITH: (415) 558-6322)
2275 MARKET STREET- north side between 16th and Sanchez Streets, Lot 013 in Assessor's Block 3559 - Request for Conditional Use Authorization pursuant to Planning Code Sections 733.44 and 303 to establish a new small, self-service restaurant (d.b.a. “Dinosaurs”). The subject storefront is located at the rear of the building at the 16th Street frontage (Suite H). The Subject Property is within the Upper Market Street Neighborhood Commercial Transit District and a 40/50-X Height and Bulk District.
Preliminary Recommendation: Approve with Conditions
SPEAKERS: None
ACTION: approved
AYES: Antonini, Borden, Lee, Moore, Sugaya, Olague & Miguel
MOTION:18023
C. COMMISSIONERS’ QUESTIONS AND MATTERS
7. 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 Antonini:
I had the pleasure of meeting with an architectural firm yesterday, the biggest designer of football stadiums throughout the United States and the world. They are doing one in Liverpool, England. They are favorably impressed with our site at Bayview Hunters Point. They are going to comment on that to us in the future. That was good to hear. It was a very good meeting.
I also want to raise another issue because I was a little concerned. There was an article in the Chronicle today about the shadow legislation that might change the way that shadowing is considered. There a couple of things about this. The first is that it seems to take away any small amounts of discretion that may exist. And second, apparently, I haven’t read the details of the legislation, it moves jurisdiction out of the Planning Commission, away from Park and Rec, and ultimately to the Board of Supervisors. I think we have done a pretty darn good job of looking at these issues when they come up and have been very careful about granting it. There was one in particular – Boniker Park – where you had to weigh the shadow against the good it was doing. There are a lot of things like that. I’d like to ask staff, if possible to analyze this measure and give us some input as to the affects that it might have if the other commissioners so agree, so we can be knowledgeable about what purportedly is some very negative affects on any future development that may occur. That is certainly not something we want to happen.
Finally, I’ve been in touch with Doug Shoemaker abut some issues that were surrounding affordable housing and about our ability to take care of people who are presently homeless. I haven’t got an answer on that yet and I think that this would be better brought up during our discussion on the Housing Element, which is coming up in the future.
Commissioner Lee:
Last week we had a hearing regarding the proposed Stimulus Plan. Yesterday, the Association of Bay Area Governments (ABAG) forecast for the Bay Area that we are losing another 20,000 jobs in 2010; but that we should have some growth in 2011. What really hit me the most was that our growth is predicated on building housing. Last week when Ted Egan was here I brought up the issue about the trades in San Francisco and I mentioned we have 30% unemployment. But Ted Egan thought it was higher than that. So if you assume that ABAG is correct, and the city doesn’t start moving with about 11,000 housing units that have been approved and start building, we will have difficulty not only this year, but also next year. What bothers me the most is that losing another 20,000 jobs in the Bay Area is really going to hurt the average middle class and even the lower class people here. This past week I had a discussion with Tom Radulovich about what we can do to stimulate jobs. We both came to the conclusion that we have a lot of illegal units (in-law units) in the city. And one possible proposal would be to legalize those units which would benefit the city’s tax base, but it would also benefit where some of the structures that are considered illegal in-laws don’t meet building codes. After what happened in Haiti, I would just like to see this as a proposal put forward by the Planning Commission or the Board or the Mayor’s Office.
Commissioner Olague:
Can we initiate legislation? Or is it something the Board does?
Zoning Administrator Badiner:
Commissioner, yes, you can initiate legislation.
Commissioner Olague:
There is one question I have and the response can be in the form of a memo. Jan Gehl was here last year and did a lot of work. I was wondering, will there be any outcome from his recommendations, or are we going to implement anything?
Director Rahaim:
We’ll get you a memo. We are finalizing the Fisherman’s Wharf report and recommendations right now.
Commissioner Sugaya:
I too read the article in the paper that Commissioner Antonini was referring to. I was reminded that when Craig Nikitas was here talking about some adjustment to the way shadows would be analyzed and calculated, I made a comment that perhaps we should look at no shadowing in certain parks. I guess Supervisor Chiu was either listening in or watched the tape on SFGTV. I think the article was rather alarmist and I think certain statements in there could have been more objectively presented. I’m glad that Commissioner Antonini asked for some evaluations. For example, the shadowing of Union Square potentially by the Transbay Terminal Tower may be true at the heights that it’s at but it is certainly not the case if it were lowered. That is the kind of thing that I’d be looking for also.
Commissioner Miguel:
I also read that article also and look forward to more information regarding it.
I have asked the Secretary that we close the meeting this evening in memory of Norm Rolfe, who most of us know. He passed away on the 15th at 84 years old. There will be a memorial for him on the 19th of February, 7 to 9:30 p.m. at the San Francisco Cable Care Museum.
In addition to that, my wife and I had an interesting event this weekend in conjunction with fundraising for the (totally) rebuilt Potrero Library. They did a home and houseboat tour – an interesting combination that doesn’t occur too many other places in the country probably. What was most interesting was the selection of the eight homes as well as the four houseboats. The eight homes covered everything from two earthquake shakes that had been put together; another earthquake shake that was on a second piece of property; to a recently completed four-level ultra-modern high-end building; all in Potrero Hill; and two restorations of more historic structures. It showed the eclectic nature of many San Francisco neighborhoods. It was very well received. The houseboats along Mission Creek are a wonderful little community. It was a great community effort down there for the park they put together. If any of you get a chance to get down there, it is very interesting.
I also met with people regarding changes that will be coming before us regarding the Gift Center.
The Mayor called a meeting of the Presidents of all commissions (mandatory) just the other day regarding the budget situation – $522.2 million in shortfall. There is only 1.2 billion of our 6.2 billion city budget that is discretionary so you can’t look at it against the six; you have to look at it against the one. There were no conclusions obviously, but it was the usual type of meeting to make sure everyone was on board and getting their budget projections together. They did it last year as well.
I attended a Discretionary Review Reform meeting at Planning. It was not usually attended, but I thought there was an interesting mix of neighborhood representatives, of architects, and of home owners. It was a pretty good discussion. There will be more of those coming up next week for both the commissioners and the public if you have the ability and time to attend. I like that type of meeting. When people come before us, we hear their three minutes or less testimony, but when you are in meetings like that you hear the questions that are raised that really inform you much more than the short testimony before the Commission.
Commissioner Antonini:
I’m not sure if we can adjourn in memory of two people or not, but I do want to mention that Tom Hayes passed away. He was the father of Joanne Hayes-White. The Rosary is tonight and I think the funeral mass is tomorrow morning. He was a wonderful gentleman and I had occasion to know him for many years.
D. DIRECTOR’S REPORT
8. Director’s Announcements
Director Rahaim:
As you can imagine, we have been asked by several Board members as well as commissioners to do analysis of the proposed ballot measure. We will be doing an analysis to specifically look at impacts on some of the projects involving taller buildings. And specifically on Transbay we are trying to determine what height of buildings would be possible with having no impact on shadow. It’s kind of a judgment call, but we think we can get close.
I want to mention a new effort that we are starting this year related to that part of Eastern Neighborhoods that was changed – the old SLI District. If you recall, when you approved that Plan, we agreed that we should take another look at that district, essentially along the 4th and 5th Street corridors where the new Central Subway will be going. The Department is undertaking an effort that will first do several months worth of work looking at job growth and potential growth areas in the city based on a number of things. The recent ABAG projections are projecting a much higher job growth for the city than they had before – specifically a growth of 240,000 jobs by 2035. That is a substantial increase. It is not clear to me how we would accommodate that much; but nonetheless, we are obligated to take a look at where it would go and how it would go. In addition, the Central Subway is going in there and we had previously agreed and the Commission had asked us to take a look at that area. In addition, there is the Western SOMA Plan underway and TODCO is undergoing a six-month community charrette with one of the universities – Cal Polly. They will be looking at that corridor over the next few months and they have asked for us to present some of our work which we are just getting started. Sarah Dennis will be heading up this effort and she will start by looking at the job growth that is projected for the city; where it might grow; and what this corridor could accommodate in terms of jobs and housing and some combination thereof. We will be going to the first of TODCO’s meetings next week to talk about this effort. Then we will be coming to you with the overall scope and ideas for the study in the next few weeks.
Zoning Administrator Badiner:
Commissioners, just a couple of items: In next week’s packets there is a response to a request from Commissioner Olague regarding 199 Leland Avenue, the Senior Housing. She had a concern with the on-going monitoring to make sure it was occupied correctly. We do believe it is being occupied by seniors. We’ve done a survey; we’ve talked to the managers; and there is a one-page memo on that. The other is also a memo regarding 279 Monterey Blvd. which is a demolition of a building. When you approved Sec 317 and the amendments thereto almost a year and a half ago I think, there was allowed an Administrative approval for single-family dwellings that met certain criteria. We haven’t had many of them. I think this is the first one. We committed to you that when we approved them administratively, we would let you know. So there is a memo on that. I don’t think there is any doubt about this building. Staff went out there and looked at it. It is not in great shape, but it is an Administrative Approval and I thought it behooved me to let you know. So those two memos are in your next week’s packets.
9. Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.
BOARD OF SUPERVISORS
Land Use Committee:
Interim Controls related to the Inclusionary Housing Requirements – This resolution was introduced by the Mayor and Board President Chiu in light of the recent court decision “Palmer/6th ST Properties vs. City of Los Angeles.” The interim controls would ensure that projects currently moving through the entitlement process will conform to the requirements of the draft permanent controls in that it would modify Section 315 to a fee-based Affordable Housing Program requiring all projects to pay an affordable housing fee to the Mayor’s Office of Housing. Due to noticing requirements, this item was continued two weeks.
Budget & Finance Committee:
Mills Act Historical Property Contract for 166-178 Townsend Street – The building is a contributing structure within the South End Historic District. The project consists of a six-story addition with 94 rental units, 45 parking spaces, and the rehabilitation of the historic facades. The project received a Certificate of Appropriateness from the Historic Preservation Commission (HPC) on September 2, 2009, a Conditional use authorization from the Planning Commission and a variance from the Zoning Administrator on September 3, 2009. The Mills Act Historical Property Contract was reviewed by the HPC on December 16, 2009. At that hearing, the HPC recommended approval of the contract to the Board of Supervisors on a c to 1 vote. At the Board Committee hearing this week, the Committee questioned the project sponsor about the back taxes owed ($100K+), and the valuation of the building – specifically whether it should be based on the existing unimproved value of the building or the improved, built-out value of the building. The Committee continued the item two weeks to gather more data.
Full Board of Supervisors:
A resolution for adoption with Committee reference – This resolution is regarding opposing changes to the Park Shadow Ban that would increase shading of public parks. This would be a non-binding resolution of statement. At this hearing, Supervisor Elsbernd requested that the item be referred to a committee. No vote was taken at the Full Board and it will be heard at a later date.
Introductions:
100103 – Mayor Newsom introduced an ordinance amending the San Francisco Health Code by amending Section 1009.53 and by adding Article 19L, Sections 1010.5 through 1010.11, to prohibit the sale of tobacco within 1,000 feet of any public or private school.
100102 – Mayor Newsom and Supervisor Maxwell introduced an ordinance that amend the Public Works Code that would require the development and maintenance of storm water management controls for specified activities that disturb 5,000 square feet or more of the ground surface and are subject to building, planning and subdivision approvals.
100092 – Supervisor Sophie Maxwell introduced a hearing request on the Hunters Point Shipyard Phase 2 and Candlestick Point Integrated Development Project including a discussion of the land use and design, housing, community benefits, employment and contracting, open space, sustainability, financing, infrastructure, and transportation components of the plan.
BOARD OF APPEALS:
There was no hearing this week.
Historic Preservation Commission:
There was no hearing this week.
E. GENERALPUBLIC 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:
Marc Salomon
Re: Stimulus Development Streamlining Bill. What we are getting are full projects that need full infrastructure paying partial fees. This means that the money to pay for that infrastructure has got to come from somewhere else.
Isabel Wade
Re: Open Space – I’m concerned that we are not getting the kind of open space out of the development process that we need in our city. I am hoping that we might exact some fees up front that go for real parks.
Joe Boss
Re: Budget – Between the potential of the Stimulus package which would defer payments of fees and the fact that the Citizen Advisory Committees for Eastern Neighborhoods and Market Octavia are finally seated and starting to do things and they are staffed currently by the Planning Department, but I saw nothing in the budget that reflects that. I want to make sure they continue to be staffed even though the money is not coming in.
F. REGULAR CALENDAR
10. (S. SHOTLAND / S. WERTHEIM: (415) 558-6308/558-6612)
SHOWPLACE SQUARE OPEN SPACE PLAN - Informational presentation on the Showplace Square Open Space Plan. Since April, 2009 the Planning Department has been working with community members and other stakeholders in Showplace Square and Potrero Hill on an open space plan. This planning process has identified existing and new open space needs and opportunities, developed preferred programming at identified opportunity sites, and established the community’s priorities given costs and other constraints. This informational presentation will convey the results of this process and discuss the implementation strategy for this plan.
Preliminary Recommendation: Informational presentation, no action requested.
SPEAKERS: Isabel Wade, Corinne Woods, Carla Leshne, Dan Murphy
ACTION: Informational presentation – no action
11. 2007.1275EM (S.DENNIS PHILLIPS/ K.DISCHINGER: (415) 558-6314/ 558-6284)
HOUSING ELEMENT UPDATE - Informational item - for the 2009 update of the Housing Element - The preliminary draft Housing Element was released in June 2009. After six months of public review, staff is holding this informational hearing to receive Commissioner and public feedback on that draft. Staff will also provide an updated schedule for final revisions, completion of the EIR, and adoption.
Preliminary Recommendation: Informational presentation, no action requested.
SPEAKERS: Robert Friese, Calvin Welch, Hiroshi Fakuda, Andrew Junius
ACTION: Informational presentation – no action
12. 2006.1388E (C. Dovzak: (415) 575-9030)
SEISMIC UPGRADE OF BAY DIVISION PIPELINES NOS. 3 and 4 AT THE HAYWARD FAULT PROJECT - Public Hearing on the Draft Environmental Impact Report - The San Francisco Public Utilities Commission (SFPUC) is proposing the Seismic Upgrade of Bay Division Pipelines Nos. 3 and 4 at the Hayward Fault Project. The project seeks to improve seismic and delivery reliability of the pipelines where three fault traces of the Hayward fault bisect the pipelines near the intersection of I-680 and Mission Boulevard in the City of Fremont. The Project would be located on City and County of San Francisco (CCSF TC "City and County of San Francisco (CCSF" \f A \l "1" ) owned right-of-way (ROW). The total proposed project area (including all construction, staging, and access areas) covers approximately 29 acres. The primary components of the proposed project would include:
The installation of a 78-inch welded steel pipeline (BDPL3x) that runs adjacent to BDPL 3 and 4 for approximately 2, 360 feet, that would include project design improvements at the three fault traces. A 400-foot articulated underground vault would be constructed at Trace B, designed to prevent rupture of the new BDPL3x.
A design upgrade of BDPL 4 to strengthen the pipeline at the fault trace B and C, and to direct leakage after a seismic event to the local storm drain system, and to prevent additional damage to the new BDPL3x pipeline.
Abandonment of BDPL3, with design changes to the abandoned pipeline to direct water to the local storm drain system after a major seismic event.
Written comments will be accepted at the Planning Department’s offices until the close of business on February 8, 2010.
Preliminary Recommendation: No Action Required
SPEAKERS: None
ACTION: This was a public hearing on the Draft EIR – no action
13. 2006.0954E (B. BOLLINGER: (415) 575-9024)
San Francisco Enterprise Zone - Public Hearing on the Draft Environmental Impact Report - The Enterprise Zone (EZ) is a long-term (15-year) partnership with local governments and private companies to generate new private sector investment and growth. The State provides performance based tax incentives to EZ businesses to revitalize chronically deteriorated areas; hire the most difficult-to-hire residents in private sector jobs; and retain, expand, and reward businesses that participate. The proposed project consists of renewing and reestablishing San Francisco’s EZ and modifying the geographic boundaries of the previous EZ (established on May 28, 1992). The EZ previously consisted of approximately 4,902 acres and included most of the City’s commercial- and industrial-designated areas. The new EZ would consist of approximately 5,815 acres or approximately 913 acres more than the previous EZ. Written comments will be accepted at the Planning Department’s offices until 5 p.m. on February 8, 2010.
Preliminary Recommendation: No Action Required
SPEAKERS: None
ACTION: This was a public hearing on the Draft EIR – no action
14a. 2008.0992CESV (S. Hayward: (415) 558-6372)
200 DOLORES STREET - on the southwest corner of Dolores and 15th Streets; Lot 063 in Assessor’s Block 3557 in an RTO (Residential, Transit-Oriented) Zoning District and a 40-X Height and Bulk District – Request for Conditional Use Authorization, pursuant to Planning Code Sections 151.1, 157, and 303 for a proposal to construct thirteen dwelling units with thirteen off-street parking spaces, and to replace three parking spaces for the adjacent property (Lot 062, Assessor’s Block 3557) that would be lost as a result of the proposed project. A Variance is also requested of the Zoning Administrator to construct a new building in the required rear yard and within the required front set back. A Variance from the Planning Code's open space requirement is requested of the Zoning Administrator by the adjacent parcel as a result of the lot line adjustment associated with the proposed project.
Preliminary Recommendation: Approval with Conditions.
SPEAKERS: In support: David Silverman – Representing the Project Sponsor and Peter Lewis
ACTION: Intent to disapprove CU authorization for parking proposal
AYES: Borden, Moore, Sugaya, and Olague
NAYES: Miguel, Antonini and Lee
Final Action: February 11, 2010
14b. 2008.0992CESV (S. HAYWARD: (415) 558-6372)
200 DOLORES STREET - southwest corner of Dolores and 15th Streets; Lot 063 in Assessor’s Block 3557 in an RTO (Residential, Transit-Oriented) Zoning District and a 40-X Height and Bulk District - Request for a Variance from Planning Code Sections 132 and 134 from the Zoning Administrator, to construct a new ten-unit residential building within the required rear yard and within the required front setback.
Preliminary Recommendation: Approval with Conditions.
SPEAKERS: Same as those listed for item 14a
ACTION: The Zoning Administrator closed the public hearing and stated his intent to grant the variance and would include in his action, findings for CEQA, design, and inclusionary housing
14c. 2003.1287V (S. HAYWARD: (415) 558-6372)
1919-1923 15TH STREET - south side of 15th Street near Dolores Street; Lot 062 in Assessor’s Block 3557 in an RTO (Residential, Transit-Oriented) Zoning District and a 40-X Height and Bulk District - Request for a Variance from Planning Code Sections 121 and 135 from the Zoning Administrator, to allow a lot line adjustment that would result in a lot that does not meet the open space and minimum lot size requirements of the Planning Code. This case is associated with the project listed above, Case No. 2008.0992CV, at 200 Dolores Street.
Preliminary Recommendation: Approval with Conditions.
SPEAKERS: Same as those listed for item 14a
ACTION: The Zoning Administrator closed the public hearing and stated his intent to grant the variance and would include in his action, findings for CEQA, design, and inclusionary housing
15. 2009.1103C (J. Ionin: (415) 558-6309)
690 STANYAN STREET - northeast corner at Haight Street, Assessor’s Block 1228, Lots 005 and 006 - Request for Conditional Use Authorization under Planning Code Sections 303, 703.4, and 719.27 to allow a formula retail use (d.b.a. Whole Foods grocery) to occupy the vacant 24-foot-high, approximately 23,060 square foot retail building with a 42-space surface parking lot (formerly occupied by Cala Foods grocery), with the ability to operate 24 hours a day. No increase in floor area or expansion of the building envelope is proposed. The project is within the Haight Street Neighborhood Commercial District, the Haight Alcoholic Beverage Special Use Subdistrict, and within a 40-X and a 50-X Height and Bulk District.
Recommendation: Approval with Conditions
SPEAKERS: In support: The Project Team: (Andrew Junius, Jim Moon, Bill Mitchell, Nicole Latt); Owen O’Donnell, Ted Loewenberg, Justin Buell, Brigan Caponi, Calvin Welch
ACTION: Approved as modified to include staff proposals and amend condition 11 to address left turn issues on Height Street
AYES: Antonini, Lee, Moore, Sugaya, Olague & Miguel
ABSENT: Borden
MOTION:18024
16. 2009.1058C (A. Hollister: (415) 575-9078)
1346 Polk Street - east side between Pine and Bush Streets, Lot 007 in Assessor’s Block 0668 - Request for Conditional Use Authorization to establish a Formula Retail Use (D.B.A. Max Muscle) at the subject site as defined by Section 703.3 of the Planning Code. The proposed retail use would offer retail sales of health and nutrition products and would occupy approximately 1870 gross square feet. This site is within the Polk Street Neighborhood Commercial Use District and a 65-A Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: In support: Chen Fam – Owner, John Nulty, Susan Bryan – T>A>C>, Michael Nulty – Alliance for a Better District 6, Dan Diez – Lower Polk Neighbor, Maurice Saldoval – Max Muscle on Castro, Rose Chung – Miss Asian America, Hao Thai, Dawn Trennert – Middle Polk Neighborhood Association
ACTION: Approved
AYES: Antonini, Moore, Sugaya, Olague & Miguel
ABSENT: Borden and Lee
MOTION:18025
17. 2009.1123D (C. JAROSLAWSKY (415) 558-6348)
4639 19th STREET - south side of 19th Street west of Seward Street; Lot 016 in Assessor’s Block 2701A - Request for Discretionary Review of Building Permit Application No. 2009.09.21.7273 to extend the rear wall of a two-story-over-garage, single-family structure approximately 13 feet at the second and third levels 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 the project as submitted.
SPEAKERS: In support of DR: Mark Weber – DR Requestor;In support of the project: Malcolm Davis – Project Architect, Jay Meindertsma – Project Sponsor, and Kirby Ortiz De Montellano
ACTION: The Commission did not take DR and approved the project as proposed
AYES: Antonini, Moore, Sugaya, Olague & Miguel
ABSENT: Borden and Lee
DRA:0136
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
(3) directing staff to place the item on a future agenda. (Government Code Section 54954.2(a))
SPEAKERS: None
Adjournment: 6:40 p.m. in memory of Norm Rolfe and Tom Hayes
Adopted: February 11, 2010
