SAN FRANCISCO
PLANNING COMMISSION
Meeting Minutes
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, May 20, 2010
1:30 P.M
Regular Meeting
COMMISSIONERS PRESENT: Miguel, Olague, Antonini, Borden, Lee, Moore and Sugaya
THE MEETING WAS CALLED TO ORDER BY PRESIDENT MIGUEL AT 1:44 P.M.
STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Larry Badiner – Zoning Administrator, Mat Snyder, David Alumbaugh, Elizabeth Watty, Adrian Putra, Brett Bollinger, Joshua Switzky, Corey Teague, Glenn Cabreros, Tara Sullivan, Cecilia Jaroslawsky, and Linda Avery – Commission Secretary.
A. SPECIAL ITEM
1. 2007.0946BEMTRUZ (M. SNYDER: (415) 575-6891)
CANDLESTICK POINT – HUNTERS POINT SHIPYARD PHASE 2 - The Candlestick Point component is generally bounded by Jamestown Avenue north of Hunters Point Expressway and south of Giants Drive to the south and southwest; Bayview Hill Park to the southwest; Gilman Park to the northwest; the southwest, northwest, and northeast outer boundaries of Alice Griffith Housing to the north; the San Francisco Bay shoreline along Candlestick Point State Recreation Area from Arelious Walker Drive to Hunters Point Expressway to the east and south and includes the following Assessor's Blocks and Lots: Block 4884, all lots; Blocks: 4917, all lots; Blocks: 4918, all lots; Block: 4934, all lots; Block: 4935, all lots; Blocks: 4956, Lots 003, 004, 005, 006, 007, 008, 009, 010, 011, 012, 013, 014 , Block 4960, Lot 027 , Block 4977, Lot: 006; Block 4983, all lots, Block: 4984, all lots; Block: 4886, all lots; Block 4991, Lot: 276; Block: 5000, Lot: 001; Block 5005, all lots. The Hunters Point Shipyard Phase 2 component of the project includes almost all of the former Hunters Point Shipyard except for the portion being developed as Phase I and includes the following Assessor’s Blocks and Lots: Assessor's Block 4591A, Lot 079; Block 4591C, Lots 010, 209, and 210; Block 5491C, Lot 211. Informational Hearing on the Project's Design for Development Documents and other related Project actions including amendments to the General Plan, Planning Code, Zoning Map and adoption of a Cooperation Agreement between the Planning Department and the Redevelopment Agency.
SPEAKERS: In opposition: Francisco Da Costa, Sue Hestor, Espanola Jackson, Arthur Feinstein, Lucy Jackson, Jamal Brown, Jeremy, and Mindy Anderson; In support: Stormey Henry and Terry Anders
ACTION: Informational only – no action
5:30 P.M.
B. 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.
(E. WATTY: (415) 558-6620)
2. DISCRETIONARY REVIEW POLICY - Interim policy and procedures for Discretionary Review Reform.
(Proposed for Continuance toContinued to June 17, 2010)
SPEAKERS: Marilyn Amini
ACTION: Continued to July 1, 2010
AYES: Antonini, Borden, Lee, Moore, Sugaya, Olague and Miguel
C. CONSENT CALENDAR
All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and will be acted upon by a single roll call vote of the Commission. There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing
3. 2009.0934C (A. Putra: (415) 575-9079)
1844 IRVING STREET - northeast corner of Irving Street and 20th Avenue; Lot 025 in Assessor’s Block 1731 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 711.83, and 303 to install a new wireless telecommunication services (WTS) facility consisting of eight panel antennas mounted to the existing mechanical/stair penthouse of a seven-story mixed-use building, as part of the T-Mobile telecommunications network in an NC-2 (Neighborhood Commercial, Small-scale) Zoning District, and a 105-A Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: None
ACTION: Without hearing, continued to June 24, 2010
AYES: Antonini, Borden, Lee, Moore, Sugaya, Olague and Miguel
4a. 2007.0689EKX (B. BOLLINGER: (415) 575-9024)
900 FOLSOM STREET - Assessor’s Block 3732 Lots 009, 018, 048 and 147 – Certification of the Final Environmental Impact Report. The project site is a 56,000-square-foot parcel located at the corner of Folsom and Fifth Streets in the South of Market neighborhood. The proposed project would construct a 9-story, 85 feet tall building with up to 269 dwelling units, up to 4,146 square feet of ground floor commercial space, and up to 221 parking spaces on the ground level and a basement level parking garage. The project site is within a Mixed Use - Residential (MUR) District, an 85-X/45-X Height and Bulk District.
NOTE: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on September 15, 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
SPEAKERS: Sue Hestor and Skot Kuiper
ACTION: Approved certification of the Final EIR
AYES: Antonini, Borden, Lee, Moore, Sugaya, Olague and Miguel
MOTION: 18086
4b. 2007.0690ekx (B. BOLLINGER: (415) 575-9024)
260 5TH Street - Assessor’s Block 3732 Lots 150 and 008 - Certification of the Final Environmental Impact Report - The project site is a 28,641-square-foot parcel located on the block bounded by Fifth, Sixth, Howard and Folsom Streets in the South of Market neighborhood. The proposed project would demolish the existing two-story, 41,250 square feet industrial building and construct a 9-story building with up to 179 dwelling units, up to 5,281 square feet of ground floor commercial space, and up to 102 parking spaces in a basement level parking garage.. The project site is within a Mixed Use - Residential (MUR) District and an 85-X Height and Bulk District.
NOTE: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on September 15, 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
SPEAKERS: Same as those listed for item 4a
ACTION: Approved certification of the Final EIR
AYES: Antonini, Borden, Lee, Moore, Sugaya, Olague and Miguel
MOTION: 18087
D. 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.
5. Consideration of Adoption:
Draft Minutes of Regular Meeting of February 25, 2010.
Draft Minutes of Special Meeting of May 6, 2010.
SPEAKERS: None
ACTION: Approved
AYES: Antonini, Borden, Lee, Moore, Olague, Sugaya and Miguel
6. Commission Comments/Questions
Inquiries/Announcements. Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).
Future Meetings/Agendas. At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.
Commissioner Lee:
- I was walking down the Fillmore Street and ran into a neighborhood activist -- actually, they commented on the Ralph Lauren store approved and mentioned that they haven’t met their conditions of approval, and I would like the staff to give us a status report on why they have not met their obligations. Secondly, I want to thank David, the recently signed a sister city agreement. The Mayor of Vermont went over to the Planning Department where he was approached -- touched by the presentation regarding the planning proposal.
Commissioner Borden:
- I know that they are stepping up at the manager said that they had to work hard to get rid of this person that they felt embodied the culture of what Ralph Lauren is about, and the intent they want to fill. I happen to have that same conversation on Saturday with the new manager who was specifically excited about the opportunity. The question I have related to the minutes, it was just a question. I notice that when we're under Commissioner' s comments and matters, what we say is all spelled out under the regular items, it is not. It does not need to be, but I wanted to know what the protocol was. You have all of the different speakers for it or in opposition. It does not mention that we spoke on it.
Commission Secretary:
- Commissioners, your minutes are action minutes. They will never include your deliberation.
It only includes whatever action-- five hours of deliberation will include the action you finally take. That is what the minutes will show.
Commissioner Antonini:
- I know that this is a discussion for another day, but calendaring is a difficult problem. In terms of the calendar, for next year, there may be a possibility that maybe the Commissioners will see fit in changing the calendar and we can start a little earlier in the day. It is unfortunate today that a couple of things came up, and that is why things got moved back on the calendar. Hopefully we can do some things to remedy that. We had a special order of business, and even though people have had time to speak about their concerns, they were not here to speak about them, even though time is certain, we can start these items at 5:30 instead of -- if not earlier.
Commissioner Moore:
- I wanted to share a call I got yesterday about an ongoing unacceptable behavior regarding the buses run by the Academy of Art University, I would like to know to what extent they have been sanctioned, and I like to know what policies they have for the fact that they are still running almost empty. I would like to request a status report from staff. The buses are getting larger, and only the fact that they are empty remains. I would like the staff to give us an update on enforcement, following up something we have talked about for quite some time.
- The second thing is why we are sitting here. I wanted to bring to everybody's attention, the invitation I received as a private citizen to the Park and Recreation Commission who is holding a meeting on cultivating the future of San Francisco. It would have been nice if we had been informed about that unfortunately, we cannot participate in the meeting. Perhaps we can get a de-brief so that we are on the same page.
Commissioner Sugaya:
- Commissioner Moore got ahead of me here I also wanted to request a status report on the Academy of Art University. I believe we got a good report from the Director in March,.
- President Miguel had handed out information, and it was done by the Urban Land Institute. There is an interesting side bar that I will read really quickly. Rental housing lowers overall housing costs in San Francisco County. Although San Francisco County is associated with high housing costs, the data published in this report suggest that housing is more affordable there than in the other five counties in the Bay Area -- since 62% of San Franciscans rent their homes, is below the Bay Area average. 37% of the households are renters. Renting is less expensive than owning a home and a large number of renters keeps average housing costs lower than the average. I thought that was an interesting side bar to the report.
Commissioner Borden:
- People have been asking about the hotel on 3155 Scott Street. It is a community housing partnership-youth center, a notice that went out to the public on intent for funding from the Mayor’s Office. I just don't know what happen I would like to have a report.
Director Rahaim:
- I don' t know either. We will check it out.
President Miguel:
- I did handout two publications from the Urban Land Institute. The other Bay Area Guardian, I found the reading in both of them to be extremely interesting. But I would like to comment on the Housing Action Coalition event a couple of weeks ago. Their annual breakfast on housing was extremely well done. There were some materials on that, I noted in the American Planning Association, they are planning an achievement award. The Visitacion Valley design for development mentioned Tom Evans’ development agency, FranK Martin from Visitacion Valley a landmark alliance, and also they are from Sarah Dennis-Phillips the San Francisco Planning Department. it was a very nice mention to have.
- For those that were here for the morning hearing and the Commissioners, just to let you know, at the present time, we are exploring an earlier start time for the June 3rd. joint hearing.
There are notice requirements that differ between the Planning Commission and the Redevelopment Commission. Those are being checked out to see that everything is in confirmation. Alternative spaces are being checked out. Once that is together, the order of the agenda and items will be put together. The start times and everything might change slightly. We might know more before we leave here this evening.
Commission Secretary:
- Just to add to that because we anticipated starting a joint hearing after 5:00, we set up a very light calendar for the Planning Commission at its regular time. In light of this new possibility, I would say that we probably need to continue those items to further dates.
Commissioner Miguel:
- We will know that by next Thursday.
E. DIRECTOR’S REPORT
7. Director’s Announcements
Director Rahaim:
- I went to a meeting to Cathedral Hill with Michael Jacinto, and there was a very large turnout, probably 150 people or so talking about various projects. Most of the questions were related about CPMC, so we had a number of questions and fairly lively dialogue. They asked for a follow-up meeting.
- David Alumbaugh had one announcement he wanted to make about a clarification of something that happened last week.
David Alumbaugh:
- There were questions about the closure of 24th, and I think we might have misled folks. I believe it was reported that that item was off the table. The public workshop is on April 8 to discuss the issue of what to do from the idea that it has come from the community and business district. We're closing the street, and we have committed -- we will take the ideas that came from the workshop. We will take them back and explore the viability of any of them. We' re having a public dialogue in June. I just wanted to clarify that.
8. Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.
BOARD OF SUPERVISORS:
LAND USE COMMITTEE:
Authorization to Apply for a Grant for Strategic Growth Council Urban Greening]. This resolution would authorizing the San Francisco Planning Department to apply for a $1 million grant from the State of California Sustainable Communities Planning Grant and Incentives Program to augment the greening and storm water features of the Cesar Chavez Street Redesign Project. The Committee recommended approval of the resolution and sent it as a Committee Report to the Full Board who approved the Resolution on Tuesday of this week.
FULL BOARD OF SUPERVISORS:
- 2 of the 3 ordinances that compromise the Development Stimulus/ Fee Reform and Deferral package were heard by the Full Board this week. This set of three Ordinances was introduced by the Mayor’s Office. Chair Maxwell had cont. one of the Ordinances, the Affordable Housing Transfer Fee, to the call of the chair. The other two Ordinances (091275 Development Impact & In-Lieu Fees and 091251 Development Fee Collection Procedure & Administrative Fee) were approved on FINAL reading at the Full Board this week. As we had discussed, all 12 of your recommendations have been incorporated into the legislation. While OEWD has not yet been able to secure a seed fund, the revised ordinances included an increased “down-payment” of 20% for all development impact fees. In addition to the Mayor, Supervisors Dufty, Daly, Mirkarimi and Carmen Chu signed on as co-sponsors for the Building Code amendment and supervisors Dufty and Carmen Chu singed on as a co-sponsor to the Planning Code amendment.
- 150 Otis Street - Ordinance that would create the Veterans Common Special Use District and rezone the height from 85 to 125 feet. This was introduced by Supervisor Chiu and involves the rehabilitation of 150 Otis Street, Landmark #248, into 76 dwelling units for formerly homeless veterans. There will be one on-site managers unit and on-site social services. The HPC heard this on April 21st, and the PC heard this on April 22nd, where both Commissions recommended approval. This week full BOS approved the Ordinance on Final reading.
- 725 Taraval Street - CU appeal. This project involved the addition of 8 panel antennas on two existing elevator penthouse structures on the roof. The Commission approved the CU on February 25, 2009. At the Board hearing hearing, department staff explained in detail how the Commission reviews these applications and the limitations you are under (due to Federal laws, etc). Public testimony consisted of no testimony is support (other than the project sponsor). The Board said that the site was acceptable in that the installation of the antennas met all of the city's guidelines, and the Department complied with all guidelines in it's review. S. Elsbernd (whose district this is in), however noted that there was no one in support of the project either at the PC nor at the BOS hearing, and that T-Mobile (the carrier) had not made a sufficient argument. Where this commission had found the antennas to be both necessary and desirable, the Board found the project to be neither necessary NOR desirable and overturned the CU by an 11-0 vote.
PREVIOUS INTRODUCTIONS:
100188 [Zoning – 1800 Market Street Community Center Project Special Use District]
Sponsor: Dufty
Ordinance amending the San Francisco Planning Code by adding Section 787 to establish the
1800 Market Street Community Center Project Special Use District for property located at 1800
Market Street (Lot No. 014, Assessor's Block No. 871), located at the northwest corner of
Market Street and Octavia Boulevard; amending Sheet SU07 of the Zoning Map of the City and
County of San Francisco to reflect this new Special Use District; and adopting findings,
including environmental findings, Section 302 findings, and findings of consistency with the
General Plan and priority policies of Planning Code Section 101.1. ASSIGNED UNDER 30
DAY RULE to Land Use and Economic Development Committee.
[California Environmental Quality Act Appeals of Certain Environmental
Determinations and Providing Public Notice]
100495
Sponsor: Alioto-Pier
Ordinance amending 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 providing public notice of such decisions and environmental documents.
ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee.
As an administrative Code amendment we have only 30 days to review. This item has been tentatively calendared for May 27th at this Commission and June 2nd at the HPC.
REQUEST INTRODUCED:
From: Supervisor Mar
To: City Attorney
Requesting/Inquiring: Requesting the City Attorney to draft legislation that
outlaws fast food restaurants from including toys with meals marketed at children
that are high calorie, high sugar and high in fat.
[Delivery Service for Large Retail Uses Within the Ocean Avenue Neighborhood
Commercial Transit District]
100530
Sponsors: Elsbernd; Avalos
Ordinance amending the San Francisco Planning Code by amending Section 151.1 to exclude
large retail uses within the Ocean Avenue Neighborhood Commercial Transit District from the
requirement to provide delivery or shuttle services when such uses receive conditional use
authorization to provide a greater number of off-street parking spaces. ASSIGNED UNDER 30
DAY RULE to Land Use and Economic Development Committee.
Requests for Hearing:
100552 [Planning Dept. Discretionary Review Process and Reform]
Sponsor: Mar
Hearing to obtain updates from the Planning Dept. concerning the discretionary review
process. RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.
BOARD OF APPEALS:
No Report
HISTORIC PRESERVATION COMMISSION:
- I will only say that because of the calendar, they had – on their calendar was an item for disclosures. Again, we are still waiting for information from the City Attorney' s Office once that has been reviewed, we will go forward with public hearing on that.
- The certificate of appropriateness for the Carriage House, the staff was recommending disapproval, the project sponsor has asked for a continuance and the Commission granted a continuance. We also had the library on North Beach. I am not sure the other one. Because two commissioners were absent, one commissioner asked—the Commission honored that request for a continuance.
They also had the Fairmount Hotel item, that was continued,
9. (D. ALUMBAUGH/J. SWITZKY: (415) 558-6601/575-6815)
Market Street Activities - Brief review of planning efforts related to central Market Street and environs, including the Mid-Market Redevelopment Plan, the Better Market Street public space and transportation project, the Central Market Partnership, and the Yerba Buena Redevelopment Area.
SPEAKERS: Sue Hestor and Skot Kuiper
ACTION: Informational only – no action
F. 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:
Calvin Welch and Marilyn Amini
PUBLIC COMMENT ON AGENDA ITEMS WHERE THE PUBLIC HEARING HAS BEEN CLOSED
At this time, members of the public who wish to address the Commission on agenda items that have already been reviewed in a public hearing at which members of the public were allowed to testify and the public hearing has been closed, must do so at this time. Each member of the public may address the Commission for up to three minutes.
SPEAKERS: Sue Hestor – re: items 4a & 4b; Skot Kuiper – re: items 4a & 4b; Teresa Gonzales – re: items 4a & 4b; Angelica Cabande – re: items 4a & 4b
G. REGULAR CALENDAR
10a. 2007.0689EKX (C. Teague: (415) 575-9081)
900 Folsom Street - north side, bounded by Folsom, 5th and Clementina Streets, Lots 009, 018, 048 and 147 in Assessor's Block 3732 - Request for Large Project Authorization pursuant to Planning Code Section 329 to construct a 9-story, 85 feet tall building with up to 269 dwelling units, up to 4,146 square feet of ground floor commercial space, and up to 221 parking spaces on the ground level and a basement level parking garage on a corner vacant lot, with exceptions for (1) rear yard, (2) obstructions over a sidewalk, (3) ground floor parking setback, (4) off-street parking spaces, (5) vertical non-habitable architectural element, and (6) horizontal mass reduction, in the MUR (Mixed Use Residential) District, SoMa Youth and Family Special Use District, and 85/45-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: In support: Raymon Smith, nan Connell-Henson, Julia Vanderhans, Azmeer Salleh, Foster Weeks, Henry Karnilowicz, Mathew Drake, Tim colen, Manny flores – Local 22; In opposition: Sue Hestor, Teresa Dulalas, Ray Recio, Angelica Cabande, Skott Kuiper
ACTION: Approved as modified to add good neighbor policy; add all new conditions that have been agreed to; track project as it conforms to Fee Deferral; continue working with community; notify buyers that they are buying into a mixed use area and a Youth and Family Zone; two years after it opens, look at the activity along Folsom Street
AYES: Miguel, Olague, Antonini, Borden, Lee, Moore, and Sugaya
MOTION: 18088
10b. 2007.0690ekx (C. Teague: (415) 575-9081)
260 5th Street- west side between Clementina and Tehama Streets, Lots 008 and 150 in Assessor's Block 3732 - Request for Large Project Authorization pursuant to Planning Code Section 329 to demolish the existing two-story, 41,250 square feet industrial building and construct a 9-story building with up to 179 dwelling units, up to 5,281 square feet of ground floor commercial space, and up to 102 parking spaces in a basement level parking garage on a corner lot, with exceptions for (1) rear yard, (2) obstructions over a sidewalk, (3) dwelling unit exposure, (4) off-street parking spaces, and (5) horizontal mass reduction. The subject property is in the MUR (Mixed Use Residential) District, SoMa Youth and Family Special Use District, and 85-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: Same as those listed for item 10a
ACTION: Approved as modified to add good neighbor policy; add all new conditions that have been agreed to; track project as it conforms to Fee Deferral; continue working with community; notify buyers that they are buying into a mixed use area and a Youth and Family Zone; two years after it opens, look at the activity along Folsom Street
AYES: Miguel, Olague, Antonini, Borden, Lee, Moore, and Sugaya
MOTION: 18089
11a. 2010.0033CV (G. CABREROS: (415) 558-6169)
1530-1538 HAIGHT STREET - north side between Ashbury and Clayton Streets; Lots 011 and 012 in Assessor’s Block 1231 -Request for Conditional Use Authorization pursuant Sections 303, 719.21 and 719.40 of the Planning Code to expand an existing grocery store use (dba “Haight Street Market”) into the existing ground floor commercial space (dba “Massawa Restaurant”) in the Haight Street Neighborhood Commercial District and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: In support: Jeremy Paul – rep of project sponsor, Calvin Welch, Arthur Bates, Martha Hoffman, John Rizzo, Robert Blumen, Tom Magassi, Mark Heyert, Andreas Pefanis, Dimitri Vardnkastsnis, Flip Sarrow, Eihway Su, Susan Pentice, Matt Lusher, Bob, Richard Ivanhoe, Kathy Mellon, Michael Borges, Shanna Pagashi;In opposition: Mark Brennan, Andrew Smith, Matt Brennan; Neutral: Joe O’Donoghue
ACTION: Approved
AYES: Miguel, Olague, Antonini, Borden, Lee, Moore, and Sugaya
MOTION: 18090
11b. 2010.0033CV (G. CABREROS: (415) 558-6169)
1530-1538 HAIGHT STREET - north side between Ashbury and Clayton Streets; Lots 011 and 012 in Assessor’s Block 1231 - Request for a rear yard variance pursuant to Sections 134 and 305 of the Planning Code to construct a 48-foot deep, one-story addition to the rear lot line at the existing one-story commercial space (dba “Massawa Restaurant”). The project also proposes expansion of the existing grocery store (dba “Haight Street Market) into the adjacent existing commercial space (dba “Massawa Restaurant”) in the Haight Street Neighborhood Commercial District and a 40-X Height and Bulk District.
SPEAKERS: Same as those listed for item 11a.
ACTION: Acting Zoning Administrator Rahaim closed the public hearing and granted the variance subject to the standard conditions of approval
12. 2010.0161C (G. CABREROS: (415) 558-6169)
1722-1724 DIVISADERO STREET - east side between Sutter and Bush Streets, Lot 019 in Assessor’s Block 1051 - Request for Conditional Use Authorization, pursuant to Sections 303, 712.54 and 790.60 of the Planning Code to allow a massage establishment in conjunction with a nail salon (dba “Utoepia Spa”) within the existing ground floor commercial space within the NC-3 (Moderate-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District.
Prelim Recommendation: Approval with Conditions
SPEAKERS: None
ACTION: Approved
AYES: Miguel, Olague, Antonini, Borden, Lee, and Moore
NAYES: Sugaya
MOTION: 18091
13. 2009.1180TZM (T. SULLIVAN: (415) 558-6257)
Intention to Initiate Project-Sponsored Amendments to Planning Code Section 128 (Transfer of Development Rights), San Francisco Zoning Map ZN01, and the Chinatown and Downtown Elements of the General Plan - Pursuant to Planning Code Section 302, the Planning Commission will consider a Resolution of Intention to initiate amendments to the Planning Code, Zoning Map, and General Plan. The proposed amendments will change the zoning of Block 0241, Lots 011 & 012 – 680 California Street, aka Old St. Mary’s Church – from Chinatown Mixed Use District to C-3-O; amending the Chinatown and Downtown Elements of the General Plan to reflect this rezoning; and amendments relating to Planning Code Section 128 to allow the transfer of TDR from any Individual Landmark located within a C-3 Zoning District to another lot within a C-3 Zoning District, and to require that proceeds from the sale of transferable development rights from certain Transfer Lots be spent on the rehabilitation and maintenance of the Transfer Lot property.
Preliminary Recommendation: Approve a draft Resolution of Intention to initiate amendments to the Planning Cod, Zoning Map, and General Plan, and schedule a public hearing to consider the amendments.
(Continued from Regular Meeting of March 22, 2010)
SPEAKERS: None
ACTION: Approved Initiation
AYES: Miguel, Olague, Antonini, Borden, Lee, Moore, and Sugaya
MOTION: 18092
14. 2010.0018D (C. JAROSLAWSKY: (415) 558-6348)
2139 TARAVAL STREET - south side between 31st and 32nd Avenues; Lot 042 in Assessor’s Block 2394 - Mandatory Discretionary Review of Building Permit Application No. 2009.12.03.2572 for a change of use of the vacant ground floor space, previously a chiropractors’ office to a medical cannabis dispensary (d.b.a. “Bay Area Compassion Health Centers, Inc.”) per Planning Code Section 790.141 in an NC-2 (Neighborhood Commercial, Small-Scale) District and RUSD (Taraval Restaurant and Fast Food Sub-District) and 50-X Height and Bulk District.
Preliminary Recommendation: Take DR and approve the project with modifications.
SPEAKERS: In support: Project Sponsor, Paul Hansbury, Janet Hough, Andrew Vogman, Rich, Ray Yarnal, Aaron Michael, Hether Hall, Brett Fernandez, Connie Taylor, Edward Breslin, Nicholas Lau, Susan Tibbon, Linda Shah, Nancy Dicianni, Anne Doherty, Jeri Ann Wright, Anthony Muniz, James Ficheht,Marion Dorning, Alex Escalante, Eddy Robinson, Zachary Richard, Joe Schepp, Pete Heine, Brian Ford, Yi Yang, Eric Goebal, Russell Kyle, Gregroy Ledbetter, Richard Watts, Michael Goldman, Hector Torres, Maurren Burns, Theresa Cooper, Catherine Smith, Christine Mayes, Kerry Stole, Gilbert C., Daniel, Jonathan Beacker, Albert Blais, Floyd, Nik Hochbert, Alex Straus, Denise Dorey, Christine Wagner, Chad Conner, Stewart Rhoads, Jon Martinelli, Mat Leroy, Sandy Cheng, Kevin Delany, Gabriel Martin, Shana, Norel; In opposition: Supervisor Chu, Wendy, Sonia Ng, Pauline Ha, peter Wong, Nora Spiers, Richard Moy, Herbert, Sharon Moy, Ellen conaway, William conaway, Jim chon, [Un-named], Katie Girleeh, Lisa Tsang, Grace Chan, Sammy Au, Bryant Woo, Kuo-in Chang, Fan-Chun Chang, Selina Chen, Clay Foster, Tom Fong, Tom Orgain, Jane Gamp, Cammy Blackstone, Terry Fong, Billy Thach, Awadalla, Bill Tam, Weihong Liu, Gary Wong, Rose Tsai, Orlon Ryal, Shai Ho, Johnson Chiu, Ywmi Sam, Nicholas young, Carole Young, Linh Ly, Kelly Yip, Lucy Wong, Betsy Fong, Shirley Van, Jane Chan, Michelle Lam, Anna Louie, Lay-Beng Ho, Kim Yee, Frankie Young, Ai-Man Amy Tang, Ashley Summers, Elaine, Michelle, Lorita, Pauline
ACTION: The Commission took discretionary review and approved the project as modified by staff
AYES: Miguel, Olague, Borden, Moore, and Sugaya
NAYES: Lee
RECUSED: Antonini
DRA No.: 0149
H. 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: 2:46 a.m. Friday, 5/21/10
