SAN FRANCISCO
PLANNING COMMISSION
Meeting Minutes
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, February 25, 2010
1:30 PM
Regular Meeting
COMMISSIONERS PRESENT: Miguel, Olague, Antonini, Lee, Moore and Sugaya
COMMISSIONERS ABSENT: Borden
THE MEETING WAS CALLED TO ORDER BY PRESIDENT MIGUEL AT 1:35 P.M.
STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Larry Badiner – Zoning Administrator, Corey Teague, David Alumbaugh, Sharon Lai, Elizabeth Watty, Mary Woods, Jim Miller, Tim Frye, 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. 2008.0494C (C. JAROSLAWSKY: (415) 558-6348)
2115-2117 TARAVAL STREET - south side between 31st and 32nd Avenues; Lot 046 in Assessor’s Block 2394 - Request for Conditional Use Authorization under Planning Code Sections 161 (j) and 317 to demolish a mixed-use building, including two dwelling units and construct a new, four-level, mixed-use structure consisting of two commercial spaces and two dwelling units, without on-site parking, within the NC-2 (Neighborhood Commercial – Small Scale), Taraval Street Restaurant and Fast-Food Sub-District and a 50-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Proposed for Continuance to March 4, 2010)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Antonini, Lee, Moore, Sugaya, Olague, and Miguel
ABSENT: Borden
E. 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
2. 2009.1109C (C. TEAGUE: (415) 575-9081)
1044 FOLSOM STREET - north side between 7th and Russ Streets, Lots 019 in Assessor's Block 3731 - Request for Conditional Use Authorization pursuant to Planning Code Section 239.40A to establish a full-service restaurant (dba Moya) of approximately 1,200 square feet in the SoMa NCT (Neighborhood Commercial Transit) District, SoMa Youth and Family Special Use District, and 65-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: None
ACTION: Approved with conditions as proposed
AYES: Antonini, Lee, Moore, Sugaya, Olague, and Miguel
ABSENT: Borden
MOTION: 18035
B. COMMISSIONERS’ QUESTIONS AND MATTERS
3. 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:
Last night there was a soccer game going on at Candlestick between the national teams of Mexico and Bolivia. The city and the 49ers are working together to try to produce more revenue of Candlestick. It is an under used asset we have, owned by Park and Rec. One of the things that is being explored is getting the Cal Bears here because they are going to be out of Memorial Stadium for at least one season (2011) and probably two. This is promising. The 49ers have mentioned that they are not opposed to spending revenue to put in improvements. They are working closely with Park and Rec.
Also, I did notice today there was an article in the Chronicle and Examiner about the Fee Deferral and the Mayor. There is one area in that article that is little confusing and I just want to mention that when we talk about the incremental benefits of these deferrals that it is incremental. The numbers that Ted Egan was talking about are his anticipation of the incremental number of units that this legislation would provide. Obviously, the number of units could be significantly more because each of these projects are quite large and conceivably as many as 1200 residential housing units are involved.
Commissioner Olague:
I’m not sure if this is a planning issue or not, so if it isn’t just let me know and I’ll seek information elsewhere. We’re coming upon the Housing Element, and in the Housing Element I believe we do look at the issue of homelessness in San Francisco. It seems to me that the only policy that the city has currently that really does aggressively review that issue of homelessness is the Care Not Cash Program. I want to look at homelessness in the context of the Housing Element. I’m wondering just how does that relate or not to that document and to the analysis that is provided in that document. There are some issues that have been brought to my attention recently about some of the short comings of the Care Not Cash and how it doesn’t address the entire population of homeless people out there. I’m just wondering where I might pursue some answers to my questions about that.
Director Rahaim:
I’ll have staff get back to you on that, but the short answer is that there are pieces of the Housing Element that deal with providing housing for the homeless. I’m not sure it goes much beyond that. So I will have Sarah Dennis get back to you on that.
Commissioner Olague:
Okay. I was recently approached by some neighborhood folks regarding the AstroTurf project near the Beach Chalet by Ocean Beach. I was wondering where it is in the Planning Department and I know at one point a Cat Ex was issued. I don’t know if that is still a current document or not. I want to know if that is something the Planning Commission will ultimately be reviewing and just where we are in the process within the Planning Department.
Director Rahaim:
That project is within MEA. There is an environmental review that is being conducted. There was a Cat Ex that was for that as a number of different projects in Golden Gate Park about four or five years ago. But this project was never approved by the Rec. Park Commission so there was never an appeal period established. The Department has raised some concerns about some of the environment issues and we are working with Parks on that right now. So there will be a new environmental review done. I believe it will still be a Cat Ex, at least that is our current thinking. The Commission doesn’t see that. It is a Parks project. The only way the Department gets involved is through the environmental review process. So that is underway and we expect to be done I think in a couple of months.
Commissioner Miguel:
I just want to mention that I met with the Department and a group regarding a project that will be coming up in a while on 5th and Folsom. But also there was a very good meeting – This week the Potrero Boosters gave up their regular monthly meeting night and turned it over to Rebuilt Potrero, which is the rebuild of the Potrero Tennis Terrace and Annex public housing. They had over 150 people in the room. It was an excellent meeting. Even after over a year and a half of very heavy outreach there were still a large number or people there who had not been involved before, which is what they are striving for. Although the project still has a long way to go, they are really engaging both the neighborhood and the residents of housing, as far as I can tell, very thoroughly.
C. DIRECTOR’S REPORT
4. Director’s Announcements
Director Rahaim:
Good afternoon commissioners.
Last night we had a public meeting on the northeast waterfront work we are doing on the Embarcadero; the similar format as to the last meeting we had late last year where we made a presentation about the refinements of our proposal based on the public comments we received over the past three months. We issued a new draft of our proposed guidelines and then we had a conversation with the public around 11 or 12 tables at the Port Commission room. The process has gone well the last few months. I dare say better than it did in the beginning of the process. We have the report out for public comment. We are asking for the public’s comments on that work by the end of March. In April we will prepare a final open house for the public to see our final recommendations on that project.
Also last night there was a meeting on the 19th Avenue Transportation Study that I mentioned last week. I was not at that one but there was apparently a small group that attended and I just want to announce for the commission and the public that we have extended the comment period on that study to March 12th.
Both of the studies are available on line. Just as a reminder, the 19th Avenue Study is not a transportation study being done for an environmental review, but is being on at the request of Supervisor Elsbernd to look at the entire 19th Avenue corridor and transportation impacts. It is not an environmental review type of transportation study but will help to inform the environmental review for Park Merced and other projects in that corridor.
A couple of hours ago, the Mayor and Supervisor Maxwell held a press conference at one of the new Pavement to Parks (the one at 16th and 8th). There was a very big crowd and I just want to give a shout out to Andres Power and the staff who have been a work horse on this. He has personally not only engaged with designers; sought funding; but has been out there planting plants, and buying furniture, and watering plants, and making these things happen. We now have three of these little plazas in place and we are working on 12 more that will be done this year. Some of them will be done along commercial streets where we will be taking two or three parking spaces and turning them into small seating areas and planted areas adjacent to restaurants and cafes. The next one to open will be on Divisadero within the month.
Finally, I just want to remind you that I will be away tomorrow and all of next week. I will miss next week’s meeting. Larry will be in charge of the Department next week while I’m away.
Commissioner Antonini:
On the 19th Avenue Study, I know I have received paperwork. Are we going to have a hearing on that anytime?
Director Rahaim:
We are not scheduled to have a hearing, but if you think it would be appropriate we could do an informational hearing.
Commissioner Antonini:
I think it might be good to do if there is that feeling among the other commissioners and our calendar would permit it. It is a fairly significant section of the city. Let’s see.
My next question is on the Pavement to Parks, are we going to be allowed to put heat lamps there or wind buffers at certain times of the year when it might be appropriate? That might add to the amount of people that use them.
Director Rahaim:
In some areas that might be a good idea.
Commissioner Moore:
Did we ever follow up on issuing a running calendar of what meetings are occurring? I have attended every meeting of the northern waterfront but did not know about this one. So I’m sitting here in grave disbelief that I was not notified including anybody else who might want to attend. I had helped the Department in one of the meetings, taking minutes, so I really assumed that somebody would copy me. I’m sitting here a little bit dumb faced not having been included in your mailing list.
Director Rahaim:
I’m sorry. You should have been on the mailing list. I don’t know why that happened. On the Department’s home page there is now a calendar that is showing public events. It’s not completely all there yet, but we are working to make that happen. You will be able to click on the event and then it will take you to the page that describes the project. Again, I apologize for not being notified. You should have been on the list. There must have been some glitch on the list.
5. Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.
BOARD OF SUPERVISORS
Land Use Committee:
1415 Mission Street – This was heard by this commission on November 12thas a 309 and a re-zoning to a C-3 from a CM district. The committee forwarded to the full Board without controversy (+3 -0).
Discretionary Review (DR) Reform – It was a long hearing. Supervisor Mar has been circulating potential amendments, which was the subject of discussion. They are also in your next week’s packet because you will consider some policy amendments the Board is asking you to consider.
Full Board of Supervisors:
North Beach Garage and Parking Ordinance – This was sponsored by Supervisor Chiu and was up for its second reading. At Supervisor Dufty’s request it has been continued for two weeks to try and work out some details; to find some common ground on issues.
BOARD OF APPEALS:
There was a request for re-hearing about the Masonic. There was a letter of determination from the Zoning Administrator that was appealed. The request for re-hearing was denied +3 -2 last night.
Historic Preservation Commission:
There was no hearing this week.
6. (D. ALUMBAUGH: (415) 558-6601)
INFORMATIONAL PRESENTATION: GREEN DEVELOPMENT AGREEMENTS – The Office of Economic and Workforce Development (OEWD) is developing two ordinances in support of Green Development Agreements:
1. An ordinance creating a Green Development Agreement (GDA) “fast track” approval process for interim uses on vacant lots with previously entitled projects. This ordinance would provide stalled development projects with legally-binding protection from future uncertainty in exchange for the provision of certain interim public benefits, including greening and/or art-related uses.
2. An ordinance approving a “Pilot Project” GDA for the 399 Fremont development site. This ordinance would grant approval of the City’s first GDA, which would incorporate an interim use agreement & schematic design plan at the vacant site of the 399 Fremont project.
The OEWD will make an informational presentation, and seeks the Planning Commission’s early policy guidance and feedback in advance of introducing the two draft ordinances in March. (No Commission action is required.)
SPEAKERS: Michael Yarne, Mr. Passmore, Steve Kuklin, Sue Hestor
ACTION: Informational Presentation only – No commission action
D. 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:
Linda Chapman – Re: Supervisor Chiu’s parking legislation
Paul Wermer – Re: Requested that the Commission have public engagement with MEA on traffic impacts
Sue Hestor – Re: Supplemental documents and/or revised plans coming from the developers of 555 Washington – can we get them at least two weeks in advance of the hearing?
E. REGULAR CALENDAR
7. 2009.0996C (S. Lai: (415) 575-9087)
1784 UNION STREET - north side between Octavia Street and Gough Street; Lot 013 of Assessor’s Block 0529 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 725.24, 725.42, 725.48 and 303, to establish a new full service restaurant (dba “Giordano Bros.”) in the vacant ground floor commercial space (last occupied by a retail use); to have indoor entertainment such as live music; and to add outdoor seating in the rear yard, within the Union Street NCD (Neighborhood Commercial District) and a 40-X Height and Bulk District. The restaurant also seeks to obtain a beer and wine, type 41 ABC, license.
Preliminary Recommendation: Approval with Conditions.
SPEAKERS: In support: Alexa Shankles, Jonathan Woo, Clayton Jew, Megan Colling, Brad Miller, Stephen Hewhauser, Sean Leahy, Vincent Trevcllini, Leslie Leonhardt, Patrick Keel, Ed Johnson, Gabe Ferroni, James Michels, Patrick Kelly, Andrew Freeman, Mark McLean, Matt Solega, Scott Zack, Nate, Justin Deering, and John Dem; In opposition: Jack Branning, Alexander Wagstaff, Dr. Scott, Frances Lau, Jeffrey Lee, Robert Lou, JoAnn Hamilton, Skye Czenber, Peter Ackerson, Robert Bardell, Gene Chen, Serena Bardell, Megan Chechile, Sherry Kramm, Marie Geers
ACTION: Approved with conditions as modified to eliminate the patio use
AYES: Antonini, Lee, Moore, Sugaya, Olague, and Miguel
ABSENT: Borden
MOTION: 18036
8. 2009.0531C (E. Watty: (415) 558-6620)
725 TARAVAL STREET - south side between 17th and 18th Avenues; Lots 052-058 in Assessor’s Block 2408 - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 303, 711.83, 790.80, for T-Mobile to install up to eight new panel antennas located on the four-story mixed-use building’s elevator penthouse structures, with four equipment cabinets located within the building’s underground garage, within a NC-2 (Neighborhood Commercial, Small-Scale) Zoning District and 40-X Height and Bulk District. Pursuant to the City and County of San Francisco's Wireless Telecommunications Services (WTS) Facilities Siting Guidelines the proposal is a Preferred Location Preference 5 as it is a mixed-use building in an NC-2 District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: Rick Hirch – representing the project sponsor spoke in support, and Robert Carson spoke in opposition
ACTION: Approved with conditions as proposed
AYES: Antonini, Lee, Moore, Olague, and Miguel
NAYES: Sugaya
ABSENT: Borden
MOTION: 18037
9. 2009.0550I (M. Woods: (415) 558-6315)
ST. MARY’S MEDICAL CENTER (SMMC) INSTITUTIONAL MASTER PLAN (IMP) - Public Hearing on St. Mary’s Medical Center’s Institutional Master Plan, pursuant to Planning Code Section 304.5. SMMC consists of Lots 038 and 041 in Assessor’s Block 1191; Lots 011, 011A and 014 in Assessor’s Block 1213, and Lot 017 in Assessor’s Block 6959. The IMP contains information on the nature and history of the institution, the location and use of affiliated buildings, and the institution’s development plans. The IMP is available for viewing on the Planning Department’s website (fromwww.sfplanning.org click “Publications” and then “Institutional Master Plans”).
Preliminary Recommendation: No action required. This is an informational item only.
SPEAKERS: Dr. Richard Potland, Pat Coleman, Jim Illich, and Bob Planthold
ACTION: Following testimony, the public hearing was closed signifying the Commission’s acceptance of the IMP. No other action was taken by the Commission.
10a. 2007.1135EKVX (J. MILLER: (415) 558-6344)
562 – 564 HOWARD STREET - north side between First and Second Streets - Review under Planning Code (hereinafter “Code”) Section 309 an eight-story addition to an existing two-story building to contain approximately 19 dwelling units, second-story residential use and ground-floor retail space, approximately 122 feet in height, requiring an exception pursuant to Code Section 309(a)(1) for rear-yard requirements, Lot 019 in Assessor's Block 3721, in a C-3-O(SD) (Downtown Office – Special District) and a 450-S Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: Claud Gerwin – Project Sponsor and Virgil Chen spoke in support
ACTION: Following testimony, the Commission continued this item to 3/25/2010 and required that they be provided with the Howard Street frontage prior to the hearing. The public hearing remains open.
AYES: Antonini, Lee, Moore, Olague and Miguel
RECUSED: Sugaya
ABSENT: Borden
10b. 2007.1135EKVX (J. MILLER: (415) 558-6344)
562 – 564 HOWARD STREET - north side between First and Second Streets - Request for aVariance of Planning Code Section 140 for dwelling-unit exposure for ten dwelling units in conjunction with the construction of 19 new dwelling units, Lot 019 in Assessor's Block 3721, in a C-3-O(SD) (Downtown Office – Special District) and a 450-S Height and Bulk District.
SPEAKERS: Same as those listed for item 10a.
ACTION: Following testimony, the Commission continued this item to 3/25/2010 and required that they be provided with the Howard Street frontage prior to the hearing. The public hearing remains open.
AYES: Antonini, Lee, Moore, Olague and Miguel
RECUSED: Sugaya
ABSENT: Borden
11. 2010.0050T (T. SULLIVAN: (415) 558-6257)
Amendments relating to Planning Code Section 315 to amend the Affordable Housing Program and related components [BOS File No. 10-0046] - Ordinance introduced by Mayor Newsom and Supervisor Chiu that would amend Planning Code Section 315 et seq. to change the name of the Residential Inclusionary Housing Affordable Program to the Affordable Housing Program and to require all project applicants to pay the Affordable Housing fee unless they are eligible for an alternative; making other amendments to the program including expanding the uses of the Citywide Affordable Housing Fund, deleting provisions relating to certain requirements of off-site units, and deleting provisions requiring a refund of fees after issuance of certificate of occupancy; amending Section 827 to delete the requirement that 50% of on – or off- site affordable housing units provided under Section 315 et seq. in the Rincon Hill Area Plan be provided as rental; amending the Administrative Code by amending Chapter 56 related to Development Agreements to create certain exemptions from its requirements for rental housing developments with on-site inclusionary units; and making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.
Preliminary Recommendation: Approval
SPEAKERS: None
ACTION: Without hearing, the Commission continued this item to 3/11/2010
AYES: Antonini, Lee, Moore, Sugaya, Olague and Miguel
ABSENT: Borden
12. 2009.0914D (T. FRYE: (415) 575-6822)
424 FRANCISCO STREET - north side of Francisco Street between Powell and Mason Streets, Assessor’s Block 0041; Lot 010 - Request for Discretionary Review of Building Permit Application No. 2004.01.22.4627 to insert a garage opening within the subject building to accommodate 6 off-street parking spaces. The subject property is within the North Beach Neighborhood Commercial District with a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take discretionary review and approve as proposed
(Continued from Regular Meeting of February 11, 2010)
SPEAKERS: Jeremy Paul – representing the project sponsor and Bob Planthold spoke is support
Motion: To not take DR and approve the project
AYES: Antonini, Lee, and Miguel
NAYES: Moore, Sugaya, and Olague
ABSENT: Borden
RESULT: Motion failed
ACTION: In the absence of a successful substitute motion, the project is approved as proposed
DRA No: 0140
13. 2009.1028D (T. FRYE: (415) 575-6822)
1017 GREEN STREET - between Leavenworth and Jones Streets, Assessor’s Block 0126; Lot 051 - Request for Discretionary Review of Building Permit Application No. 2009.06.25.1269 is to expand the existing penthouse structure and enclose an existing roof deck to add approximately 267 square feet of enclosed habitable space to the penthouse structure. The subject property is within a RH-2 Zoning District with a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take discretionary review and approve as proposed
SPEAKERS: None
ACTION: The Commission did not take discretionary review and approved the project as proposed
AYES: Antonini, Lee, Moore, Sugaya, Olague and Miguel
ABSENT: Borden
DRA No: 0141
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:
David Tornheim
Re: DR Reform
Adjournment: 8:43 p.m.
Adopted: May 20, 2010
