SAN FRANCISCO
PLANNING COMMISSION
Meeting Minutes
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, May 27, 2010
1:30 PM
Regular Meeting
COMMISSIONERS PRESENT: Miguel, Antonini, Lee, and Sugaya
COMMISSIONERS ABSENT: Olague, Borden and Moore
THE MEETING WAS CALLED TO ORDER BY PRESIDENT MIGUEL AT 1:43 P.M.
STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Julian Banales, Edgar Oropeza, Aaron Hollister, Diego Sanchez, AnMarie Rodgers, Ben Fu, Corey Teague, Sophie Hayward, Rick Crawford, 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. 2007.1457E (J. BATTIS: (415) 575-9022)
1050 Valencia Street - west side between 21st and 22nd Streets at the southwest corner of Valencia Street and Hill Street; Lot 008 of Assessor’s Block 3617 - Appeal of Preliminary Mitigated Negative Declaration for the construction of a mixed-use development with restaurant and residential uses.The proposed project would also include the demolition of an existing 1,670-square foot (sq ft), one-story restaurant building constructed in 1970. The new proposed five-story building would have 16 dwelling units over a 3,500-sq ft ground-floor and basement level full-service restaurant.The existing building has one off-street parking/loading space, which would not change. The 3,315-sq ft project site is within the Valencia Street Neighborhood Commercial Transit (NCT) zoning district and a 55-X height and bulk district in the Mission District neighborhood.
Preliminary Recommendation: Uphold Preliminary Negative Declaration
(Continued from Regular Meeting of April 8, 2010)
(Proposed for Continuance to July 8, 2010)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Antonini, Lee, Sugaya and Miguel
ABSENT: Borden, Moore and Olague
2a. 2010.0165DD (S. Caltagirone: (415) 558-6625)
1269 Lombard Street - south side of between Polk and Larkin Streets; Lot 023 in Assessor's Block 0501 - Mandatory Discretionary Review per Section 317 of the Planning Code of Building Permit Application No. 2009.06.09.0028, proposing to construct two new single-family buildings, located at the front and rear of the lot on a property located within an RH-2 (Residential House, Two-Family) District and a 40-X Height/Bulk District. A separate request for Discretionary Review has also been filed by a member of the public against the new construction project.
Preliminary Recommendation: Do not take Discretionary Review and approve
(Continued from Regular Meeting of April 8, 2010)
(Proposed for Continuance to June 24, 2010)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Antonini, Lee, Sugaya and Miguel
ABSENT: Borden, Moore and Olague
2b. 2009.0443V (S. Caltagirone: (415) 558-6625)
1269 Lombard Street - south side of between Polk and Larkin Streets; Lot 023 in Assessor's Block 0501 - Request for Front Yard and Rear Yard Variances per Sections 132 and 134 of the Planning Code for Building Permit Application Nos. 2009.06.09.0027 and 2009.06.09.0028, proposing to demolish the existing single-family, two-story building and construct two new single-family buildings, located at the front and rear of the lot on a property located within an RH-2 (Residential House, Two-Family) District and a 40-X Height/Bulk District.
(Continued from Regular Meeting of April 8, 2010)
(Proposed for Continuance to June 24, 2010)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Antonini, Lee, Sugaya and Miguel
ABSENT: Borden, Moore and Olague
3. 2009.0562C (S. Lai: (415) 575-9087)
3281 16TH STREET (AKA 3589 16TH STREET) - south side, between Dolores and Guerrero Streets, Lot 034 in Assessor’s Block 3567 - Request for Conditional Use Authorization under Planning Code Sections 209.6 and 303, to install a new wireless telecommunication services facility, consisting of four antennas and associated equipment, located on the tower of a church with a maximum height of 63-feet, as part of T-Mobile’s wireless telecommunications network within the RM-1 (Mixed Residential, Low Density) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Proposed for Continuance to June 17, 2010)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Antonini, Lee, Sugaya and Miguel
ABSENT: Borden, Moore and Olague
4. 2005.1074E (D. DWYER: (415) 575-9031)
935-965 Market Street, CityPlace - mid-block south side of Market Street between Fifth and Sixth Streets; Lots 071, 072, and 073 in Assessor’s Block 3704 - Certification of the Final Environmental Impact Report. The proposed project would demolish the three two- to five-story buildings on the 1.06-acre project site and redevelop the site with one five-story, 90-foot-tall retail building, with associated building services and subsurface parking. The building would contain approximately 375,700 gsf, with about 264,010 gsf of retail uses; about 4,830 gsf of common areas; about 10,900 gsf of mechanical and storage space; and about 95,960 gsf of parking, loading, and circulation space with approximately 188 parking spaces. SEQ CHAPTER \h \r 1The project site is in the C-3-G (Downtown General Commercial) and C-3-R (Downtown Retail) Zoning Districts, and the 120-X Height and Bulk District. The proposed project would have a floor area ratio of about 8:1, and would include the use of transferable development rights (TDRs) subject to applicable height and bulk limitations. The project would require Conditional Use authorization for parking in excess of the accessory amount of parking and for demolition of a movie theater use; variances for the width of the loading and parking access on Stevenson Street; and an exception to freight loading requirements under Planning Code Section 309.
NOTE: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on December 21, 2009. 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 the Final EIR
(Proposed for Continuance to June 10, 2010)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Antonini, Lee, Sugaya and Miguel
ABSENT: Borden, Moore and Olague
5a. 2008.0217CVX (J. MILLER: (415) 558-6344)
935-965 MARKET STREET -south side between 5th and 6th Streets, a through-lot to Stevenson Street - Request for review pursuant to Section 309 of the Planning Code (hereinafter “Code”) of a new-retail shopping center building (“CityPlace”), approximately 90 feet in height and containing approximately 375,700 gross square feet of floor area and approximately 188 off-street parking spaces, requiring an exception (Code Section 309(a)(8)) of Code standards for off-street loading, a Variance of Code standards for gross floor area calculation for floors over 15 feet average height (Section 102.11) and to allow two oversized openings per Section 155(s)(5)(A), and Conditional Uses for off-street parking in excess of accessory amounts (Code Section 157) and the demolition of a movie theater use (Code Section 221.1), Assessor's Block 3704, Lots 071, 072 and 073, in C-3-G (Downtown Commercial, General) and C-3-R (Downtown Retail) Districts and a 120-X Height and Bulk District.
(Proposed for Continuance to June 10, 2010)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Antonini, Lee, Sugaya and Miguel
ABSENT: Borden, Moore and Olague
5b. 2008.0217CVX (J. MILLER: (415) 558-6344)
935 – 965 MARKET STREET - south side between Fifth and Sixth Streets, a through-lot to Stevenson Street – Request for authorization of Conditional Uses for off-street parking exceeding accessory amounts (Code Section 157) and the demolition of a movie theater use (Code Section 221.1), in conjunction with the construction of a retail shopping center (“CityPlace”), Assessor's Block 3704, Lots 071, 072 and 073, in C-3-G (Downtown Commercial, General) and C-3-R (Downtown Retail) Districts and a 120-X Height and Bulk District.
(Proposed for Continuance to June 10, 2010)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Antonini, Lee, Sugaya and Miguel
ABSENT: Borden, Moore and Olague
5c. 2008.0217CVX (J. MILLER: (415) 558-6344)
935 – 965 MARKET STREET - south side between Fifth and Sixth Streets, a through-lot to Stevenson Street - Request for granting of Variancesof Code standards for gross floor area calculation for floors over 15 feet average height (Section 102.11) and to allow two oversized openings per Section 155(s)(5)(A) in conjunction with the construction of a retail shopping center (“CityPlace”), Assessor's Block 3704, Lots 071, 072 and 073, in C-3-G (Downtown Commercial, General) and C-3-R (Downtown Retail) Districts and a 120-X Height and Bulk District.
(Proposed for Continuance to June 10, 2010)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Antonini, Lee, Sugaya and Miguel
ABSENT: Borden, Moore and Olague
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
7. 2010.0168C (E. OROPEZA: (415) 558-6381)
502 7th Street - the corner of 7th and Bryant Streets; Lot 001 in Assessor’s Block 3780 - Request for Conditional Use Authorization to establish an “Ambulance Service” use (dba, Bayshore Ambulance) per Planning Code Sections 843.47 and 890.2, all within the UMU ( Urban Mixed Use) District, and a 48-X Height and Bulk District. The project is also located within the South of Market Hall of Justice Legal Services District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: None
ACTION: Approved
AYES: Antonini, Lee, Sugaya and Miguel
ABSENT: Borden, Moore and Olague
MOTION: 18093
8. 2009.0620C (A. HOLLISTER: (415) 575-9078)
530 Bush Street - north side between Stockton Street and Grant Avenue, Lot 027 in Assessor’s Block 0271 - Request for Conditional Use Authorization under Planning Code Sections 227(i) and 303 to expand an existing wireless telecommunications service facility by adding three new panel antennas on the penthouse of an existing nine-story office building as part of Verizon Wireless’ telecommunications network. The antennas are proposed on a Location Preference 2 Site (Preferred Location – Co-Location Site) within the C-3-G (Downtown, General, Commercial) Use District and 65-A Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: James Singleton and Rob Geller
Motion: To approve
AYES: Antonini, Lee, and Miguel
NAYES: Sugaya
RESULT: Motion failed
ACTION: Following hearing, continued to 6/17/10 – Public hearing remains open
AYES: Antonini, Lee, Sugaya and Miguel
ABSENT: Borden, Moore and Olague
C. COMMISSIONERS’ QUESTIONS AND MATTERS
Adoption of Commission Minutes – Charter Section 4.104 requires all commissioners to vote yes or no on all matters unless that commissioner is excused by a vote of the Commission. Commissioners may not be automatically excluded from a vote on the minutes because they did not attend the meeting.
9. Consideration of Adoption:
Draft Minutes of Regular Meeting of March 25, 2010.
SPEAKERS: None
ACTION: Approved as corrected per Sugaya, page 5 (under his comments)
AYES: Antonini, Lee, Sugaya and Miguel
ABSENT: Borden, Moore and Olague
10. 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 got a couple of things. Actually, I just finished reading a very interesting book which is fiction, and the name of the book is "Treasure Hunt" and the author, John Less, sometimes good fiction mirrors reality and this particular book might have answers to some of the problems
we have with process and other things in San Francisco perhaps, but in any case, it deals with a huge network of organizations. It's set in San Francisco, very interesting. You will recognize all the places they go to, who get hundreds of millions of funding annually and it's a murder mystery and one of the main leaders of one of these groups is the victim. So quite interesting On another subject, and I am not speaking about a particular case, there was one last week, and I would like to inquire as to what qualifies on to be the project sponsor, or who has to be named as a project sponsor on a particular space. If, for example, one person is the signatory to the project itself and writes the check fort he project, one would assume that would qualify he or she as project sponsor, for our identification, it makes it easier when we are trying to
look for any possible situations that might require us to, you know, do further research on this, as far as connections we May have, to have all the project sponsors listed, you know, or if you write the check, aren't you a sponsor, that's the question I bring up to staff just to see if we could have standardization on that in the future.
Commissioner Sugaya:
- One question. It doesn't have to be answered here, on 555 Washington, there were some reports here and that there is some money owed to the Department, if the Director could just give us a memo, actually, I will be happy to.
- Secondly on the Mid-Market EIR there should be consideration given to extending the comment period on the draft environmental report from 45 days to 60 days. i don't know how that's properly done or not done, but – >> I think it's the call of the Environmental Review Officer
with the Commission's suggestion. I have sent him an e-mail, so -- >> I would second that.
Commissioner Antonini:
- On that one, I would have to study that. It seems adequate but I haven't had a chance to look at it. So, you know, I guess if it exceeds or meets the requirements, I would think it should be
adequate.
President Miguel:
- Because of the extent of the project and neighborhood involvement -- 45 to 60 is not extensive we are talking about a 15-day extension, that would probably be reasonable.
-
D. DIRECTOR’S REPORT
11. Director’s Announcements
Director Rahaim:
- I think the continuances today were to offer you a shorter meeting to make up for last week. The only thing I wanted to report on today was the position of acting zoning administrator, I wanted to let you know that I have asked Scott Sanchez of the Department to be Acting Zoning Administrator for the time being, however, because Scott is on a long-planned vacation this week and next week, Kelly Amdur will be filling in for him this week and next, then Scott will take over. And about that same time, I will be posting for the position of Zoning Administrator. I am working on the job description right now. So when that is prepared, I will certainly pass that onto you, the staff and the public as well.
12. Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.
board of supervisors:
- Activities for Planning and Land Use: They heard the double density bonus for senior housing,
introduced by Board President Chiu, would amend the code to provide a density bonus for
seniors or housing for peoples with physical disabilities. It would update the requirements and require a conditional use authorization for getting this density bonus. This Commission heard this October of 2009, and you recommended approval. There was one amendment at the Land Use Committee, linking the portable housing provisions to the inclusionary housing requirements, as amended this week the committee forwards the full ordinance to the full Board, and at the full board I wanted to share with you the major action there concerning planning was adopting of the findings for 424 San Francisco Street you will recall it was the
addition of six off-street parking places, and at the May 11th hearing appellants raised issues including lack of a comprehensive traffic study, inadequate noticing and potential impact on historic resources and transportation, after testimony, it was overturned and sent back to the department. This week, I wanted to review the findings with you. First finding would require that
further project approvals for these garages would have an EIR
for all proposed garage installation and this would pertain to the whole area in the sud and
commercial areas a-rod broadway, china town and the sud. The board states concerns about
cumulative impacts and we must study traffic and neighborhood character and historic resources.
Secondly the board also interpreted administrative kid provisions for noticing slightly different than how we have been doing it. Their interpretation means all categories call exemptions
issued by the department must be noticed in Administrative Code 31. In the past we interpreted this to require notice when projects required a written determination. And going forward the Board findings May require tracking of all the projects in 31. So at this week's hearing, Supervisor Dufty made a motion to limit the impacts, including not requiring any EIR for new garages. The department is working to develop procedures and we will keep you posted and lastly there was a new piece of planning legislation introduced by supervisor. Introducing a zoning amend at Presidio Avenue and also change the height from 40-x to 50-x. That will be before you in the future.
BOARD OF APPEALS:
No Report
HISTORIC PRESERVATION COMMISSION:
Did not meet 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:
Espanola Jackson
Re: Hunter’s Point Shipyard
Jean Robinson
Re: Shoreline Development
Rose Hillson
Re: Double density senior housing
F. REGULAR CALENDAR
13. 2009.1049c (D. SANCHEZ: (415) 575 - 9082)
3400 MISSION STREET - southwest corner of 30th Street and Mission Street, Lot 060 in Assessor’s Block 6660 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 703.4 and 712.40 to allow a formula retail use (dba 7-11) at an existing gasoline service station (dba 76) within an NC-3 (Moderate Scale Neighborhood Commercial) District and a 40-x Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: Project Architect - Jose Munoz, Kevin Kurtchner, Jillian Gillette, Eloise Bates, Oscar Piqual, Marcus Leer, Satna Battis, Theresa Ghandi
ACTION: Following hearing, continued to 7/1/10 – Public hearing remains open
AYES: Antonini, Lee, Sugaya and Miguel
ABSENT: Borden, Moore and Olague
14. 2010.0336U (A. RODGERS: (415) 558-6395)
Amendments to Administrative Code Concerning CEQA Appeals and Notice. [BOS File No. 10-0046] - Hearing of a proposed Ordinance that would amend Administrative Code Chapter 31 to provide for appeals to the Board of Supervisors of environmental decisions and determinations under the California Environmental Quality Act, and provide public notice of such decisions and environmental documents. The Commission will an Ordinance introduced by Supervisor Alioto-Pier that would amend the Administrative Code as described in the Ordinance with additional modifications as recommended by the Planning Department and making environmental findings.
Preliminary Recommendation: Approval with Modifications
SPEAKERS: None
ACTION: Without hearing, continued to 6/24/10
AYES: Antonini, Lee, Sugaya and Miguel
ABSENT: Borden, Moore and Olague
15. 2010.0170x (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 to allow a time extension for a previously approved project 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.
SPEAKERS: Andrew Junius - representing Project Sponsor, Gregory Kelly, Sue Hestor
ACTION: Approved
AYES: Antonini, Lee, Sugaya and Miguel
ABSENT: Borden, Moore and Olague
MOTION: 18094
16. 2009.1026eb (C. TEAGUE: (415) 575-9081)
850-870 (aka 888 BRANNAN STREET)- north side between 7th and 8th Streets, Lots 006, 007, 007A, and 072 in Assessor's Block 3780 - Request for Office Development Authorization pursuant to Planning Code Section 321 and 803.9(h) to establish the third and fourth floors of the existing five-story building as 138,580 gross square feet of legal office use, and to remove a requirement for 204 off-site parking spaces in a UMU (Urban Mixed Use) District and a 68-X Height and Bulk District. The reclassification of use includes no interior alterations or additions to the existing building
Preliminary Recommendation: Approval with Conditions
SPEAKERS: Todd Gooding - Project Sponsor, Michael Theirot, Mark Shelley, Sue Hestor
ACTION: Approved as amended to require the project sponsor to look at window profiles for window replacements
AYES: Antonini, Lee, Sugaya and Miguel
ABSENT: Borden, Moore and Olague
MOTION: 18095
17. 2009.0981d (C. TEAGUE: (415) 575-9081)
449-451 MISSISSIPPI STREET - east side between 19th and 20th Streets, Lot 037 in Assessor's Block 4064 - Request for Discretionary Review of Building Permit Application No. 2009.11.19.1665 to replace the existing deck and stairs at the rear of the building with new decks at the 1st and 2nd floors, a spiral staircase accessing all three floors, and property line firewalls in the RH-2 (Residential, House, Two-Family) District and 40-X Height and Bulk District.
Preliminary Recommendation: Do Not Take Discretionary Review and Approve as Proposed
SPEAKERS: Michael Mugmon - Property Owner
ACTION: The Commission did not take Discretionary Review and approved the project as proposed
AYES: Antonini, Lee, Sugaya and Miguel
ABSENT: Borden, Moore and Olague
DRA#: 0150
18a. 2009.1124DDV (S. HAYWARD: (415) 558-6372)
136 ORD STREET- west side of Ord Street between Corbett and Market Streets, Assessor’s Block 2657, Lot 004 - Request for Discretionary Review of Building Permit Application No. 2009.07.14.2604 to construct a new single-family home at the front of the subject lot - The new building would be located in front of the existing building on the lot, with a courtyard maintained between the two structures. The subject property is within an RH-2 Zoning District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve as proposed
(Continued from Regular Meeting of April 15, 2010)
SPEAKERS: None
ACTION: Without hearing, continued to 7/8/10
AYES: Antonini, Lee, Sugaya and Miguel
ABSENT: Borden, Moore and Olague
18b. 2009.1124DDV (S. HAYWARD: (415) 558-6372)
136 ORD STREET - west side of Ord Street between Corbett and Market Streets, Assessor’s Block 2657, Lot 004 - the Zoning Administrator will consider a Request for a Variance from Planning Code Section 134 to construct a new single-family home within the required rear yard of the subject lot.
(Continued from Regular Meeting of April 15, 2010)
SPEAKERS: None
ACTION: Without hearing, continued to 7/8/10
AYES: Antonini, Lee, Sugaya and Miguel
ABSENT: Borden, Moore and Olague
19. 2010.0205D (R.CRAWFORD: (415) 558-6358)
969-971 Union Street - south side between Taylor and Jones Streets Lot 018, of Assessor’s Block 0120 - Mandatory Discretionary Review of a proposed Dwelling Unit Merger. The proposal is to merge two owner occupied dwelling units in a two-family residential building into one unit in the RM-2, Residential Mixed Moderate Density District and 40X Height and Bulk District.
Preliminary Recommendation: Take Discretionary Review and Approve the Permit with Conditions
SPEAKERS: None
ACTION: The Commission did not take Discretionary Review and approved the project as proposed
AYES: Antonini, Lee, Sugaya and Miguel
ABSENT: Borden, Moore and Olague
DRA#: 0151
20. 2010.0084ddd (R. CRAWFORD: (415) 558-6358)
30 Edith Street - on the north side west of Grant Avenue Lot 004, of Assessor’s Block 0077 - Request for Discretionary Review of Building Permit Application 2008 1231 9407 to construct a 9 feet 10 inch wide addition to the east side and a two story vertical addition to the existing two story single family dwelling in a RH-3, Residential House, Three Family District and within the 40-X Height and Bulk District.
Preliminary Recommendation: Do not Take Discretionary Review and Approve the Project
SPEAKERS: None
ACTION: Without hearing, continued to 7/22/10
AYES: Antonini, Lee, Sugaya and Miguel
ABSENT: Borden, Moore and Olague
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:
Adjournment: 5:03 p.m.
Adopted: August 5, 2010
