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SAN FRANCISCO
PLANNING COMMISSION
Meeting Minutes
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday,
December 2, 2010
12:30 PM
Regular Meeting
COMMISSIONERS
PRESENT: Miguel, Olague, Antonini, Borden, and Sugaya
COMMISSIONERS
ABSENT: Moore
THE MEETING WAS
CALLED TO ORDER BY PRESIDENT MIGUEL AT 12:42 P.M.
STAFF IN
ATTENDANCE: John Rahaim – Director of Planning, Joshua Switzky, Elizabeth
Watty, Rick Cooper, Sharon Lai, Corey Teague, AnMarie Rodgers, Rick Crawford,
Aaron Hollister, Delvin Washington, Julian Banales, Mark Luellen, David Lindsay,
Scott Sanchez, and Linda Avery – Commission Secretary.
1.
CLOSED SESSION
·
Public comment on matters to be discussed in Closed Session.
SPEAKERS: None
·
Motion on whether to assert the attorney-client privilege regarding the matters
listed below as Conference with Legal Counsel.
ACTION: Approved
·
The Planning Commission Will Go Into Closed Session To Discuss The Following
Item:
Conference with Legal Counsel – to discuss threatened litigation, potentially
arising out of the proposed Park Merced development project, where City may be
either defendant or plaintiff in at least one case in either instance, pursuant
to California Government Code Section 54956.9(b) and 54956.9(c) and San
Francisco Administrative Code Section 67.10(d)(2)
Following the closed session, the Planning Commission will reconvene in open
session.
·
Make announcement following Closed Session.
·
Consideration of motion regarding whether to disclose the discussions during
Closed Session.
SPEAKERS: None
ACTION: Approved a motion to not disclose the discussions that
occurred during the Closed Session
AYES: Antonini, Borden, Sugaya, Olague and Miguel
ABSENT: Moore
1:30 P.M.
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.
2a. 2009.1170DDD
(A. STARR:
(415) 558-6362)
35 LLOYD STREET (AKA 37-39 LLOYD STREET)
- south side between Castro and Scott Streets, Lot 035
in Assessor’s Block 1260 - Requests for Discretionary Review of Building
Permit Application No. 2010.05.12.2282 proposing to construct a new four-story,
two-unit building on a vacant lot in an RH-3 (Residential, House, Three-Family)
District and a 40-X Height and Bulk District.
Staff Analysis: Full Discretionary Review
Preliminary Recommendation:
Do not take
Discretionary Review and approve as revised
(Continued from Regular Meeting of October 14, 2010)
NOTE: On October 14, 2010, following
public testimony, the Commission continued this item to 12/2/10 by a vote of (+6
-0). Public hearing remains open.
(Proposed for Continuance to December 9, 2010)
SPEAKERS: Sue Hestor
and Todd Mavis
ACTION: Continued to January 13, 2011
AYES: Antonini, Borden, Sugaya, Olague and Miguel
ABSENT: Moore
2b.
2009.1170DDDV
(A. STARR: (415)
558-6362)
35
LLOYD STREET (AKA 37-39 LLOYD STREET)
- south side between Castro and Scott Streets, Lot 035 in Assessor’s Block 1260
- Request for a rear yard variance pursuant to Section 134 of the
Planning Code to construct a new four-story, two-unit building on a vacant lot
with a non-complying 20’ wide, 2-story portion at the rear of the building that
would extend 12’ into the required rear yard in an RH-3 (Residential, House,
Three-Family) District and a 40-X Height and Bulk District.
(Continued from Regular Meeting of October 14, 2010)
NOTE: On October 14, 2010, following
public testimony, the Zoning Administrator continued this item to 12/2/10 by a
vote of (+6 -0). Public hearing remains open.
(Proposed for Continuance to December 9, 2010)
SPEAKERS: Same as
those listed for item 2a
ACTION: Continued to January 13, 2011
AYES: Antonini, Borden, Sugaya, Olague and Miguel
ABSENT: Moore
3.
2010.0456C
(M. WOODS: (415) 558-6315)
2198 FILBERT STREET
- northeast corner of Fillmore and Filbert Streets; Lot 019 in Assessor’s Block
0516 - Request for Conditional Use Authorization pursuant to Planning
Code Sections 303(c), 725.27 and 725.42, to allow the establishment of a new
approximately 2,100 square-foot full-service restaurant (dba Flips and Floats),
and to allow hours of operation beyond 2:00 a.m. on certain days, within the
Union Street NCD (Neighborhood Commercial District) and 40-X Height and Bulk
District.
Preliminary Recommendation: Approval with Conditions
WITHDRAWN
SPEAKERS: None
ACTION: The request for CU was withdrawn
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
4.
2010.0778C
(S. Lai: (415) 575-9087)
3876 NORIEGA
STREET
- north side, between 45th and 46th Avenues, Lot 064 in
Assessor’s Block 2004
- Request for Conditional Use Authorization, pursuant to Planning Code
Sections 710.69A and 303, to establish a new self-service specialty food bakery
d.b.a. “Devil's Teeth Baking Company“, within the Neighborhood Commercial –
Small Scale District (NC-1) and 40-X Height and Bulk District.
Preliminary
Recommendation: Approval with Conditions
SPEAKERS: None
ACTION: Approved
AYES:
Antonini, Borden, Sugaya, Olague and Miguel
ABSENT: Moore
MOTION: 18230
5.
2010.0720C
(C.
Teague: (415) 575-9081)
2505 3rd Street
- east
side between 22nd and 23rd Streets, Lot 001 in Assessor's
Block 4173 - Request for Conditional Use Authorization
pursuant to Planning Code
Section 226 to convert an approximately 8,300 square foot ground floor space in
the existing building into an approximately 5,900 square-foot brewery (dba
Magnolia) and an approximately 2,400 square-foot full-service restaurant within
a PDR-1-G (Production, Distribution and Repair – General) Zoning District, the
Innovative Industry Special Use District, and a 68-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: None
ACTION: Approved
AYES:
Antonini, Borden, Sugaya, Olague and Miguel
ABSENT: Moore
MOTION: 18231
B.
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.
6.
Consideration of Adoption:
·
Draft Minutes of Special Meeting of October 21, 2010
·
Draft Minutes of Special Joint Meeting of October 21, 2010
·
Draft Minutes of Regular Meeting of October 28, 2010
·
Draft Minutes of Regular Meeting of November 4, 2010
·
Draft Minutes of Regular Meeting of November 18, 2010
SPEAKERS: Sue Hestor
and Paul Fisher
ACTION: Approved the draft minutes from the special meeting of
10/21/10, the regular meetings of 10/28/10, 11/4/10, and 11/18/10; and continued
the draft minutes from the special joint meeting of 10/21/10 to 12/9/10
AYES:
Antonini, Borden, Sugaya, Olague and Miguel
ABSENT: Moore
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:
Over the past year we have lost some major leaders in San Francisco, among them
Don Fisher, Walter Shorenstein, and most recently Richard Goldman. Although a
Marin resident most of his life, Mario Ghilotti has recently died. I think
there is a common thread among these leaders that they created so much and gave
so much back in charity to their communities. I think that it is really
important that we continue to establish a climate in San Francisco to attract
and retain such leaders for the future. I think that is one or our challenges.
I think Mr. Ghilotti was typical of these leaders and unfortunately his death
was caused by a fall at age 88 rushing to his office on a Saturday so he could
get his work done and attend his grandson’s football game after it. This is the
kind of drive that was so typical of the people I’ve named. We need to continue
to have more of that in the future.
Commissioner Borden:
I just want the public to be aware that I was selected for a jury and I will not
be at the regularly scheduled hearing next Thursday and I will most likely not
be at the regularly scheduled hearing the following Thursday.
Commissioner Miguel:
I’ll just mention that I have met with people regarding 2001 Market Street and
some individuals regarding the CVS pharmacy projects in San Francisco.
Commissioner Antonini:
I neglected to say that I too have met with representatives of both those same
projects also within the last week.
C. DIRECTOR’S REPORT
8.
Director’s Announcements
Director Rahaim:
Good afternoon commissioners. I just want to mention a couple of things. There
are two meeting next week I want to remind you of. I believe you have received
notice of them. One is Wednesday the 8th at 5:45 p.m. at the
Department in room 431. We are hosting a discussion on the Housing Element.
The public is invited. Also Saturday morning, December 11th at the
Department at 10 a.m. we are having a discussion of the Department’s Action Plan
and the most recent changes to the Development review Process that we are
proposing to you and is the subject of your memo that you have in your packets
today as well. With respect to the Action Plan, we will be calendaring this for
a full hearing in January. I just want to call your attention to the memo that
is in your packet that outlines the status of the Department’s reforms; and in
particular it highlights our proposed revisions to the Development Review
process. As it says in the memo, we have piloted this process with a couple of
projects and believe this a very solid way of moving forward and I feel really
good with the way staff has come up with this process that I think will be more
transparent and create more certainty for project sponsors. We will have a
hearing at both the Planning Commission and the Historic Preservation Commission
in January on that item.
I also want to
call to your attention the memo regarding vehicle queuing that is in your
packets. You may be aware this has received some media attention. We had
initially proposed this as what we perceived to be a somewhat growing problem of
queuing on some types of retail establishments in the city – especially large
grocery stores. There had been discussion as you know – a condition of approval
that would require at some point – paying to park if the queuing would
continue. After further analysis of that, what we have proposed is a standard
condition in the future for these types of projects that would essentially not
allow a queue. The way the standard condition would read is that there is the
responsibility of the owner and the operator to make sure that there is no
queuing there and there would be certain conditions that would be put in place
that allow us to make that determination and to take further action in the
future should there be a queue. I think this solves the issue. The goal of the
Department with respect to the potential to pay for parking was not to charge
for parking but to address the queue. This condition in fact addresses that
more directly and we believe that this is a much more workable solution. Our
proposal is to use this as a standard condition now on future parking spaces of
more than 20 spaces.
9. Review
of Past Week’s Events at the Board of Supervisors, Board of Appeals, and
Historic Preservation Commission.
BOARD OF SUPERVISORS REPORT:
None
BOARD OF APPEALS REPORT:
None
HISTORIC PRESREVATION COMMISSION REPORT:
The Commission heard the SoMa Historic Resources Survey yesterday but took no
action. The item was continued to the Commission’s December 15th
hearing. The Commission also continued with its discussion of Article 11 and
Section 309 of the Planning Code. However, this time they took action to
approve with modifications both Article 11 and Section 309. They also expressed
an interest in participating in the process of this commission as it moves
forward in considering those issues.
D.
GENERAL
PUBLIC COMMENT – 15 MINUTES
At this time,
members of the public may address the Commission on items of interest to the
public that are within the subject matter jurisdiction of the Commission except
agenda items. With respect to agenda items, your opportunity to address the
Commission will be afforded when the item is reached in the meeting. Each
member of the public may address the Commission for up to three minutes.
SPEAKERS: None
E.
REGULAR CALENDAR
10.
2010.0965T
(T. SULLIVAN: (415) 558-6257)
Ordinance amending Planning Code Section
243 – Van Ness Special Use District to require a Conditional Use Authorization
for Other Entertainment Uses
-
Ordinance proposed by Supervisor Alioto-Pier under Board File No. 10-1091
that would amend the Planning Code Section 243 to require a Conditional Use
Authorization for Other Entertainment Uses; 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.
Alioto-Pier does not consent to an extension for our consideration. She has
also not yet requested time on the 12/6/10 Land Use Agenda. Internal review has
not yet occurred.
Preliminary Recommendation: Approval with Modifications
(Continued from Regular Meeting of November 18, 2010)
SPEAKERS: Tom
Radulovich, Sue Hestor, Terrance Allan and Chris Schulman
ACTION: Approved as modified
AYES:
Antonini, Borden, Sugaya, Olague and Miguel
ABSENT: Moore
MOTION: 18232
11.
2010.0512C
(R. Crawford: (415) 558-6358)
3132 CLEMENT
STREET
-
northwest corner of Clement Street and 32nd
Avenue; Lot 002 in Assessor’s Block 1401 - Request for Conditional Use
Authorization, pursuant to Planning Code Sections 303, 703.4 and 713.21, to
allow a Formula Retail use and a non-residential use size exceeding 5,999 square
feet in area for the establishment of an approximately 14,270 square foot retail
pharmacy store (dba CVS), within the Neighborhood Commercial – Shopping Center
District (NC-S) and 40-X Height and Bulk District. The proposed CVS store will
occupy a portion of the space formerly occupied by the Albertsons grocery store.
Preliminary Recommendation: Approval with conditions
SPEAKERS: Andrew Junius – representing the Project Sponsor, Charlie –
representing CVS, and James Argo – representing the Neighborhood Association
ACTION: Approved
AYES:
Antonini, Borden, Sugaya, Olague and Miguel
ABSENT: Moore
MOTION: 18233
12a.
2009.0765DDV
(C. TEAGUE: (415) 575-9081)
374 – 5th STREET - west side
between Folsom and Clara Streets, Lot 008 in Assessor’s Block 3753 - Requests
for Discretionary Review of Building Permit Application No. 2010.02.23.6954,
proposing to convert the existing 47-room tourist hotel into a 46-room
residential hotel, with Single-Room Occupancy (SRO) group housing rooms on the 2nd
and 3rd floors, a lobby on the ground floor, and new stair penthouse
and roof deck. As provided under the Residential Hotel Conversion and Demolition
Ordinance (San Francisco Administrative Code, Chapter 41), 23 of the 46
residential hotel rooms are replacement rooms required by the removal of 23
residential hotel rooms from 235 O’Farrell Street (Case No. 2009.0288c). The new
residential hotel at 374 5th Street is within an MUR (Mixed Use
Residential) District and an 85-X Height and Bulk District.
Preliminary Recommendation: Take DR and Approve with
Conditions
(Continued from Regular Meeting of September 30, 2010)
NOTE: On September 30, 2010, following discussion, the Commission
continued this item to December 2, 2010, by a vote of (+5 -0) with instructions
to the project sponsor to continue dialog with the community; and working with
Department staff on design, unit size, and amenities. Public hearing remains
open.
SPEAKERS: In support: Sam Patel – Project Sponsor, Patrick Mora –
Project Architect, Antoinetta, Catalina Dean, Jeff Buckley, Elaine Jones, Tim
Colen, Randy Shaw, Henry Karnilowicz, Dipak Patel, Russ Keil, Gary Samonsky, and
Ilene Dick – representing the Project Sponsor; Neutral or supporting with
changes: Foster Weeks, and Skot Kulper; In support of DR/oppose the
project: Azmeer Salleh – DR Requestor
ACTION: The Commission took discretionary review and approved the
project as revised
AYES:
Antonini, Borden, Sugaya, Olague and Miguel
ABSENT: Moore
DRA#: 0180
12b.
2009.0765DDV
(C. TEAGUE: (415) 575-9081)
374 – 5th STREET - west side
between Folsom and Clara Streets, Lot 008 in Assessor’s Block 3753 - Request
for Rear Yard Variance to convert the existing 47-room tourist hotel into a
46-room residential hotel, with Single-Room Occupancy (SRO) group housing rooms
on the 2nd and 3rd floors, a lobby on the ground floor,
and new stair penthouse and roof deck. As provided under the Residential Hotel
Conversion and Demolition Ordinance (San Francisco Administrative Code, Chapter
41), 23 of the 46 residential hotel rooms are replacement rooms required by the
removal of 23 residential hotel rooms from 235 O’Farrell Street (Case No.
2009.0288c). The new residential hotel at 374 5th Street is within an
MUR (Mixed Use Residential) District and an 85-X Height and Bulk District.
Preliminary Recommendation: Take DR and Approve with
Conditions
(Continued from Regular Meeting of September 30, 2010)
NOTE: On September 30, 2010, following discussion, the Commission
continued this item to December 2, 2010, by a vote of (+5 -0) with instructions
to the project sponsor to continue dialog with the community; and working with
Department staff on design, unit size, and amenities. Public hearing remains
open.
SPEAKERS: Same as
those listed for item 12a
ACTION: Zoning Administrator Sanchez closed the public hearing and
granted the variance subject to the standard conditions of approval
12c.
2009.0288c
(A.
HOLLISTER: (415) 575-9078)
235 O’Farrell Street
- south side between Powell and Mason Streets, Lot 018 in Assessor’s Block 0326
- Request for Conditional Use Authorization to convert an existing
tourist/residential hotel containing 68 tourist hotel rooms and 23 hotel
residential rooms to a full tourist hotel containing approximately 59 tourist
hotel rooms within the subject building. No physical expansion of the existing
building is proposed. As provided under the Residential Hotel Conversion and
Demolition Ordinance (San Francisco Administrative Code, Chapter 41), the 23
residential rooms currently found at the project site must be replaced, and
would be replaced at 374 5th Street. This site is within a
C-3-G (Downtown General Commercial) District and an 80-130-F Height and Bulk
District.
Preliminary
Recommendation: Approval with Conditions
(Continued from
the Regular Meeting of September 30, 2010)
NOTE: On September 30, 2010, following discussion, the Commission
continued this item to December 2, 2010, by a vote of (+5 -0) with instructions
to the project sponsor to continue dialog with the community; and working with
Department staff on design, unit size, and amenities. Public hearing remains
open.
SPEAKERS: Same as
those listed for item 12a
ACTION: Approved
AYES:
Antonini, Borden, Sugaya, Olague and Miguel
ABSENT: Moore
MOTION: 18234
13.
2010.0556D
(A. Hollister:
(415) 575-9078)
1500 GRANT AVENUE
-
northeast corner of Grant Avenue and Union Street, Lot 024 in Assessor’s Block
0104 - Request for Discretionary Review of Building Permit Application
No. 2009.10.15.9053, proposing to add a T-Mobile micro wireless
telecommunications service facility consisting of a panel antenna shrouded
inside a faux vent pipe structure and equipment cabinets. The faux vent pipe
would be mounted on the rooftop of the subject building, while the equipment
cabinets would be mounted to the wall of an existing penthouse stair structure.
The subject property is located in the North Beach Neighborhood Commercial
District, the North Beach Special Use District, the Telegraph Hill-North Beach
Residential Special Use District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the
project as proposed.
Staff Analysis: Full Discretionary Review
(Continued from Regular Meeting of October 14, 2010)
SPEAKERS: None
ACTION: Without hearing, continued to February 17, 2011
AYES:
Antonini, Borden, Sugaya, Olague and Miguel
ABSENT: Moore
14.
2010.0557D
(A. Hollister: (415)
575-9078)
1653 GRANT AVENUE
(AKA 501 GREENWICH STREET)
-
southwest corner of Grant Avenue and Greenwich Street, Lot 001 in Assessor’s
Block 0088 - Request for Discretionary Review of Building Permit
Application No. 2009.06.26.1437, proposing to add a T-Mobile micro wireless
telecommunications service facility consisting of an omni antenna shrouded
inside a faux vent pipe structure and equipment cabinets. The faux vent pipe
would be mounted on the rooftop of the subject building, while the equipment
cabinets would be mounted to the wall of an existing penthouse stair structure.
The subject property is located in the RM-2 (Residential, Mixed, Moderate
Density) District, the Telegraph Hill-North Beach Residential Special Use
District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the
project as proposed.
Staff Analysis: Full Discretionary Review
(Continued from Regular Meeting of October 14, 2010)
SPEAKERS: None
ACTION: Without hearing, continued to February 17, 2011
AYES:
Antonini, Borden, Sugaya, Olague and Miguel
ABSENT: Moore
15.
2010.0558D
(A. Hollister: (415) 575-9078)
1763 STOCKTON
STREET
-
southwest corner of Stockton and Greenwich Streets, Lot 001 in Assessor’s Block
0089 - Request for Discretionary Review of Building Permit Application
No. 2009.11.05.0626, proposing to add a T-Mobile micro wireless
telecommunications service facility consisting of a panel antenna shrouded
inside a faux vent pipe structure and equipment cabinets. The faux vent pipe
and equipment cabinets would be mounted on the rooftop of the subject building.
The subject property is located in the North Beach Neighborhood Commercial
District, the North Beach Special Use District, the Telegraph Hill-North Beach
Residential Special Use District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the
project as proposed.
Staff Analysis: Full Discretionary Review
(Continued from Regular Meeting of October 14, 2010)
SPEAKERS: None
ACTION: Without hearing, continued to February 17, 2011
AYES:
Antonini, Borden, Sugaya, Olague and Miguel
ABSENT: Moore
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:
4:02 p.m.
Adopted: December 16, 2010
