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SAN FRANCISCO
PLANNING COMMISSION
Meeting Minutes
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, March
17, 2011
10:30 AM
Regular Meeting
COMMISSIONERS
PRESENT: Olague, Miguel, Antonini, Borden, Fong, Moore and Sugaya
THE MEETING WAS
CALLED TO ORDER BY PRESIDENT OLAGUE AT 10:35 A.M.
STAFF IN
ATTENDANCE: John Rahaim – Director of Planning, Scott Sanchez- Zoning
Administrator, AnMarie Rodgers, Elizabeth Watty, Mat Snyder, Sharon Young, Aaron
Starr, Diego Sanchez, Ben Fu, Joshua Switzky, 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. 2009.1163E
(D. LEWIS: (415) 575-9095)
17th and Folsom Park
- north side of 17th
Street between Folsom and Shotwell Streets; Lot 18 in Assessor’s Block 3571 -
Appeal of a Preliminary Mitigated Negative Declaration. The proposed project
would subdivide the 60,925-square-foot parcel, which is currently a 219-space
surface parking lot, and construct a 34,300-square-foot neighborhood park that
would front on 17th, Folsom, and Shotwell Streets. No structures, including
restrooms, are proposed. The remaining 26,625 square feet of the lot would
remain in its current use. The project site is located within the Eastern
Neighborhoods Rezoning and Area Plans, a Public Use District, and a 50-X Height
and Bulk District.
Preliminary Recommendation: Uphold the Preliminary Mitigated
Negative Declaration
(Proposed for Continuance to April 14, 2011)
SPEAKERS: None
ACTION: Continued as proposed
AYES:
Antonini, Borden, Fong, Moore, Sugaya, Miguel and Olague
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.
2.
Consideration of Adoption:
·
Draft Minutes of Regular Meeting of Thursday, February 3, 2011
·
Draft Minutes of Special Meeting of Thursday, February 10, 2011
·
Draft Minutes of Regular Meeting of Thursday, February 10, 2011
SPEAKERS: None
ACTION: Approved
AYES:
Antonini, Borden, Fong, Moore, Sugaya, Miguel and Olague
3.
(L. AVERY: (415) 558-6407)
COMMISSION’S RULES & REGULATIONS – The Planning Commission will hold a
public hearing to discuss and consider amending its Rules and Regulations that
could include, but is not limited to, establishing parameters for the length of
its public hearings; consider amendments to the public’s requests for blocks of
time; consider possible amendments for the submitting of documents; and consider
other concerns of Commissioners.
(Continued from Regular Meeting of March 3, 2011)
SPEAKERS: Sue Hester, Steve Atkinson and Marilyn Amini
ACTION: Following public testimony and Commission deliberation, the
Commission Secretary was directed to prepare a draft document that contains the
suggested amendments by commissioners and schedule the item for Commission
consideration in about a month or so. [The item will come back to the Commission
on or about 5/12/11.] The public hearing will be open.
4.
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 did have a meeting this week with the project sponsors of 2535 Dolores. In
view of the events in Japan, we have to be very cognizant of the fact that much
of out housing stock is seismically compromised and we have to make sure that we
modify or change some of our land use policies to be able to make it possible
for owners of these properties to be able to renovate them, particularly now
with our very wise look at the historical nature of this housing stock that we
are not going to take the tack that we did in the ‘60s, which was a wrong one,
to just demolish everything, rather to be able to renovate them and to
seismically upgrade them. I think that is a really important thing to think
about as we move forward.
Commissioner Miguel:
I also met regarding Dolores Street, and I have been having continuing meetings
and discussions regard the Veteran’s Administration Medical Center out on
Clement Street at 42nd, which although is not in the direct perview
of this Commission or the city, effects the neighborhood that surrounds it.
They actually don’t know what they’re doing. They say they want to go to Pier
70, but they say the want to double the campus out there at the same time. It’s
obviously one or the other.
Commissioner Moore:
I would be interested, as soon as it’s available, from hearing from the center
in Berkeley on the effects of this magnitude earthquake relative to our own
codes. And in addition to that, I am interested in how the devastating
experience for this particular tsunami plays itself out for us. We are not
immune and some of the information that is being spread around – that because we
have a shallow bay it would be less – that is technically incorrect. I would
like to hear some expert opinion on that.
Commissioner Olague:
That would be great.
Commissioner Sugaya:
Just to follow up on that, I think that would be important especially I think
with respect to the issue of the seismic performance of the buildings vs. the
buildings that were destroyed by the waves and see how the codes performed.
Commissioner Olague:
It would be great to have some sort of presentation, maybe in June. We are
still going to schedule this MTA discussion, right?
C. DIRECTOR’S REPORT
5.
Director’s Announcements
Director Rahaim:
I just
want to let the Commission know that we have posted the position for the
Communications Manager for the Department that is part of the budget which we
have recently received approval to hire that position. It is open until March
29th. Secondly, you will be receiving a memo in the next week on the
census data, which came out recently. As you may have heard the city’s
population, according to the census, is at 805,325 – about a 28,000 person
increase from 2000, about a 3.7% increase. The city continues to be fairly
diverse – 49% Caucasian, 33% Asian, down to 6% Black – the Black population has
been dropping and is the largest decrease in the city. The Latino population
has grown and is now 15% of the population in the city. The most growth is in
District 6, the South of Market area. As it is currently configured, it is the
largest District in the city.
6. Review
of Past Week’s Events at the Board of Supervisors, Board of Appeals, and
Historic Preservation Commission.
BOARD OF SUPERVISORS:
Land Use Committee:
·
Represented by Rich Hillis, Treasure Island/Yerba Buena Island Redevelopment
project was before the Land Use Committee
Full Board of Supervisors:
·
Area Plan Waiver Criteria for Affordable Housing –
This ordinance would amend
the existing waiver of certain Area Plan fees. The proposed changes contained
in this ordinance were considered by this commission on 12/9/10 as a proposal to
amend the Visitacion Valley Amendment. At that time, the Planning Department
recommended that the legislation be approved as proposed but the Commission did
not pass a recommendation. Instead, the Commission made a respectful
recommendation that Supervisor Maxwell continue working with all parties on the
issue of fees. This week the Board passed the ordinance on final reading.
·
Development Impact and In-Lieu Fees –
This proposed ordinance, sponsored by the Mayor would amend Article 4 to clarify
language, eliminate confusion as to when the requirements must be met, increase
consistency between the way impact fees are administered and correct errors in
cross-referencing. This commission heard this item on 12/16/10. At that time
you recommended approval. Since you heard the ordinance, the Mayor has amended
it to include suggestions from both the Mayor’s Office of Housing and the
Controller’s Office. Among these changes was the addition of an uncodified
section that will allow this year’s adjustment of all fees for inflation within
30 days of the effective date of the ordinance. The Board made this last change
as an amendment on Tuesday and then approved the ordinance on first reading.
·
Upper Fillmore NCD Changes –
This proposed ordinance, sponsored by Supervisor Farrell, would remove the
current prohibition against new restaurants in this NCD. Under this proposal,
restaurants would be allowed by CU. This commission considered the ordinance on
1/13/11 recommending approval but also with the recommendation to allow large
fast-food restaurants by CU. You also respectfully requested that the
Supervisor continue additional public outreach. The Supervisor has worked with
the Department and appropriate merchant and neighborhood groups and has amended
the legislation to allow large fast-food restaurants by CU; to specify that when
the Commission considers restaurants in this area, the Commission shall consider
whether the use would propose lunch service or other daytime usages in order to
limit the number of such businesses that have no daytime activity; and lastly it
would allow a new bar via CU when that bar is provided in conjunction with a
full-service restaurant. With these amendments, the Board approved the
ordinance on first reading.
·
Appeal of Calaveras Dam EIR –
This appeal and a proposed settlement were heard on Tuesday. The appellant
(East Bay Regional Parks District) had reached a tentative settlement agreement
with the PUC prior to the appeal hearing. However, as you know, no approval
action can occur until there is a valid CEQA document in place. And, in the
event the Board did not approve the settlement, the appellant needed to go
through with the CEQA appeal to preserve their right to future legal action by
exhausting their administrative appeal rights. At the CEQA hearing, the
appellant stated that they are satisfied with the settlement, if adopted by the
Board. The Department has submitted a detailed brief in support of the EIR but
only made a brief presentation at the hearing considering the appellant’s
statement. The Board upheld the Planning Commission’s decision to certify the
EIR, and then approved the settlement agreement between PUC and EBRPD.
Introductions:
·
Various Park Merced ordinances were introduced
including an ordinance amending the General Plan, an ordinance amending the
Zoning Map; an ordinance amending the Planning Code; and an ordinance amending
the Development Agreement.
·
Supervisor Chiu introduced various pieces of legislation related to the North
Beach Branch Library,
including the Zoning Map amendment which will be heard by this Commission on
April 21.
·
Supervisor Mirkarimi revised an ordinance
responding to the Planning Commission’s recommendations on his legislation to
create active street frontages on Fillmore Street between Bush and McAllister.
Hearing Request:
·
Supervisors Avalos and Chiu
have requested a hearing for an update from the Department of Public Works on
the implementation and effectiveness of the 2009 Blight Ordinance amending
Administrative Code, Chapter 80, Section 80.4
BOARD OF APPEALS:
·
Lawrence Kornfield is taking another
assignment and will no longer represent the Department of Building Inspection at
the Board of Appeals.
This is a tremendous loss. I have learned so much from him through his
experience and insights. I would like to take this opportunity to express deep
appreciation for all he has given to the city and to me personally. I wish him
all the best in the future.
HISTORIC PRESERVATION COMMISSION:
7.
(J. RAHAIM: (415) 558-6411)
Governor
Brown’s Proposed Elimination of Redevelopment Agencies
SPEAKERS: None
ACTION: Informational only – no action
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:
Sue Hestor
Re: Ways to make meetings go better
Marilyn Amini
Re: Suggested a joint hearing with DBI in
light of the devastating events in Japan
1:30 PM
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
8.
2010.1095C
(E. Watty: (415) 558-6620)
2323 MARKET STREET - south side
between 17th and Noe Streets; Lot 030 of Assessor’s Block 3563 -
Request for Conditional Use Authorization, pursuant to Planning Code
Sections 303, 721.41, and 790.22, to allow wine and beer service (i.e. the
addition of a bar) for customers of the existing retail jewelry store (dba D&H
Sustainable Jewelers) within the Upper Market Street NCD (Neighborhood
Commercial District) and 50-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
NOTE: This item was removed from the Consent Calendar
SPEAKERS: In support of the project: Sean McGinnis – Project
Sponsor; In opposition to the project: Glenn-Milo Santos, Thomas Lin,
and David Tan
ACTION: Approved
AYES:
Antonini, Borden, Fong, Moore, Sugaya, Miguel and Olague
MOTION: 18296
F.
REGULAR CALENDAR
9.
2006.0422MTUZE
(M. SNYDER: (415) 575-6891)
Executive Park Amended Subarea Plan - Informational Hearing on the proposed amendments to the
Executive Park Subarea Plan of the Bayview Hunters Point Area Plan: The 71-acre
Executive Park Subarea Plan Area is a subarea of the Bayview Hunters Point
Area Plan, located in the southeastern part of San Francisco, just east of
U.S. Highway 101 and along the San Francisco/San Mateo County boundary. The
amended Subarea Plan (Plan) would establish objectives and policies to create a
vibrant, predominately residential neighborhood and would address land use,
streets and transportation, urban design, community facilities and services, and
recreation and open space issues. In association with the Plan amendments,
proposed design guidelines would be established for buildings, streets,
pathways, and parking, as well as “green building” approaches. These
amendments are being proposed in association with two development proposals that
would include up to 1,600 dwelling units and other associated uses in
approximately thirteen buildings.
Preliminary Recommendation: No Action Required.
SPEAKERS: In support of the project: George Yerby – Project Sponsor,
Jonathan Sharp _ Project team, Clark Manus – Project Architect, Espanola
Jackson,, Shaman Walton, Dion Vay Brookter, Claude Everhart, Rev. A. Walker, and
Oscar James
ACTION: Informational only – no action
10.
2010.1080C
(S.Young: (415) 558-6346)
311 DIVISADERO
STREET
- west side between Oak and Page Streets; Lot 006 in Assessor’s Block 1218 -
Request for Conditional Use Authorization under Sections 711.24 and 303 of
the Planning Code to add an ‘outdoor activity area’ to an existing full-service
restaurant (dba Ragazza) located within the rear yard of a three-story hotel
(dba The Metro Hotel) within the NC-2 (Small-Scale Neighborhood Commercial)
Zoning District and a 40-X Height and Bulk District.
The proposal is to add an
outdoor dining area with tables and chairs to accommodate up to 20 restaurant
patrons on a 240-square foot patio within the rear yard of the hotel.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: In support of the project: Sharon Ardiana and Laurie
Aaronson – Project Sponsors, and Tara Michaels
ACTION: Approved per staff amended recommendations
AYES:
Antonini, Borden, Fong, Moore, Sugaya, Miguel and Olague
MOTION: 18297
11.
2011.0048D
(S.Young: (415) 558-6346)
82 - 6TH AVENUE - east side between the Presidio and
Lake Street; Lot 023 in Assessor’s Block 1353 - Request for Discretionary
Review of Building Permit Application No. 2010.05.28.3473, proposing to (1)
construct a three-story rear addition and (2) modify the facade and roof form of
a two-story over garage, single-family dwelling within the RH-1 (Residential,
House, One-Family) Zoning District and 40-X Height and Bulk District.
Staff Analysis:
Abbreviated Discretionary Review
Preliminary
Recommendation: Take Discretionary Review and approve the project with
modifications.
SPEAKERS: None
ACTION: DR was withdrawn prior to the hearing
12.
2009.0229D
(A. Starr: (415) 558-6362)
2709 LARKIN STREET
- west side between Francisco and Chestnut Streets; Lot 002 in Assessor’s Block
0477 - Request for Discretionary Review of Building Permit Application
No. 2010.10.19.3380, proposing to expand an existing roof deck over a
non-conforming garage at the rear of a three-story-over-basement, one-unit
residential building within the RH-2 (Residential, House, Two-Family) Zoning
District and 40-X Height and Bulk District.
Staff Analysis: Abbreviated Discretionary Review
Preliminary Recommendation: Do not take Discretionary Review and approve
SPEAKERS: In support of DR/oppose the project: Aden Lindorff – DR
Requestor; In support of the project/oppose the DR: John Rescalvo –
Project Sponsor
ACTION: The Commission took DR and approved the project requiring
bird-safe railings
AYES:
Antonini, Borden, Fong, Sugaya, and Olague
NAYES: Moore
and Miguel
DRA No: 0203
13a.
2009.0173DV
(D. SÁNCHEZ: (415) 575-9082)
353 SAN JOSE AVENUE - east side
of San Jose between 25th Street and 26th Streets; Lot 022
in Assessor’s Block 6531 - Mandatory Discretionary Review, under Planning
Code Section 317 requiring review of the demolition of residential buildings and
their replacement structures, of Building Permit Application No. 2007.12.12.0285
to construct a four unit multifamily building as the replacement structure
within an RM-2 (Residential, Mixed, Moderate Density) District with a 40-X
Height and Bulk Designation.
Preliminary Recommendation: Do not take Discretionary Review and
Approve
NOTE: On December 16, 2010, following public testimony, the
Commission continued the matter to February 10, 2011 by a vote of (+6 -0).
Commissioner Fong was absent. Public hearing remains open.
(Continued
from Regular Meeting of February 10, 2010)
SPEAKERS: In support of DR/oppose the project: Tom Church; In
support of the project/oppose the DR: Jeremy Schaub – Project Architect and
Adilo Shaikh – Project Sponsor
ACTION: The Commission did not take DR and approved the project as
proposed
AYES: Antonini, Borden, Fong, Moore, Sugaya, Miguel, and Olague
DRA No: 0204.
13b.
2009.0173DV
(D. SÁNCHEZ: (415) 575-9082)
353 SAN JOSE AVENUE - east side
of San Jose between 25th Street and 26th Streets; Lot 022
in Assessor’s Block 6531 - Request for Variance, pursuant to Planning
Code Sections 134 and 140, to not provide a code complying rear yard at the
ground level or above where a rear yard of 34 feet 8 inches is required and to
not provide dwelling unit exposure for two units for construction of a four unit
building within an RM-2 (Residential, Mixed, Moderate Density) District with a
40-X Height and Bulk Designation.
NOTE: ZONING ADMINISTRATOR CONTINUED THE MATTER TO
FEBRUARY 10, 2011.
(Continued
from Regular Meeting of February 10 2010)
SPEAKERS: Same as those listed for item 13a.
ACTION: The Zoning Administrator closed the public hearing and granted
the variance subject to the standard conditions of approval.
14.
2010.1044X
(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, 352, 825 and 827 to
allow modification and re-entitlement of a project approved under Motion No.
17397 within the RH-DTR (Rincon Hill Downtown Residential Mixed Use) Zoning
District and 65/400-R Height and Bulk District. The proposal would increase the
number of dwellings from 227 to 320 and number of parking spaces from 227 to
265, and require a determination of compliance under Planning Code Section
309.1, including exceptions to allow greater than one parking space for every
two dwelling units, provide off-site open space in lieu of on-site, and allow
dwelling units without Code-required exposure.
Preliminary Recommendation: Approval with conditions.
SPEAKERS: Steve Atkins and Sue Hestor
ACTION: Without hearing, continued to 4/14/2011.
AYES: Antonini, Borden, Fong, Moore, Sugaya, Miguel, and Olague
15a.
2010.0367DDV
(B. FU: (415) 558-6613)
54-62 Peralta Street
- Requests for Discretionary Review for Building Permit Application Nos.
2009.1231.4050 and 2009.1231.4052 proposing to construct two new three-story,
two-family dwellings on two adjacent down-sloping lots, in a RH-2 (Residential,
Two-Family House) District and a 40-X Height and Bulk District, and within the
Bernal Heights Special Use District.
Staff Analysis: Full Discretionary Review
Preliminary Recommendation: Not Take Discretionary Review and approve as
proposed.
(Continued from Regular Meeting of March 3, 2011)
SPEAKERS: In support of DR/oppose the project: Bob Holden – DR
Requestor, Terry Milne, Joan Holden, Carl, Max Kickberg, Lucy Gomez, Rochelle
Kimberland, Joan Varney, Mike McCabe, Gabriel Peru, Lew Randal, Cindy Kay, Sean
Patrick, Michael Keaton, and David Pilpel; In support of the project/oppose
the DR: Brett Gladstone – representing the Project Sponsor
ACTION: Following public testimony, the Commission continued this item
to 7/14/2011. The public hearing remains open
AYES:
Antonini, Borden, Fong, Moore, Sugaya, Miguel and Olague
15b.
2010.0367DDV
(B. FU: (415) 558-6613)
54-62 Peralta Street
- Request for off-street parking Variance pursuant to Planning Code
Section 242(e)(4) for the proposed construction of two new three-story,
two-family dwellings on two adjacent down-sloping lots, in a RH-2 (Residential,
Two-Family House) District and a 40-X Height and Bulk District, and within the
Bernal Heights Special Use District.
(Continued from
Regular Meeting of March 3, 2011)
SPEAKERS: Same as those listed for item 15a
ACTION: Following public testimony, the Zoning Administrator continued
this item to 7/14/2011. The public hearing remains open
6:00 PM
16.
2007.0903MTZUU
(J. Switzky: (415) 575-6815)
TREASURE ISLAND/YERBA BUENA ISLAND REDEVELOPMENT PROJECT - Informational
Only - Lots 001 and 002 in Assessor's Block 1939 - Informational
presentation to provide an overview regarding the Treasure Island/Yerba Buena
Island Redevelopment Project and associated components including: (1)
Community Facilities Plan, (2) Transportation Plan, (3) Treasure Island Homeless
Development Initiative ("TIHDI") Agreement, (4) Disposition and Development
Agreement, (5) Design Review and Document Approval Procedure, (6) Interagency
Cooperation Agreement, and (7) Sustainability
Plan. The project proposes approximately 8,000 dwelling units, 140,000
square feet of retail uses, 100,000 square feet of commercial office space, 500
hotel rooms, 300 acres of open space, and various public service, civic, and
institutional uses.
Preliminary Recommendation: Informational Presentation-No action requested
SPEAKERS: Eric Brooks – San Francisco Green Party
ACTION: Informational only – no action
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:
Eric Brooks –San Francisco Green Party
Re:
It was very refreshing that this hearing started on time – even through no one
showed up for it. However, I want to thank you for getting your ducks in a row
on that, and especially Ms. Avery. I was watching your hearing all day today
and she very specifically was on you about making sure that you are scheduling.
So Ms. Avery, I want to thank you for being a good heard-rider on these folks.
Adjournment:
6:50 p.m. in memory of those who lost
their lives in the Japan earthquake and tsunami.
Adopted:
April 14, 2011
