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SAN FRANCISCO
PLANNING COMMISSION
Meeting Minutes
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, August
4, 2011
12:00 PM
Regular Meeting
COMMISSIONERS PRESENT:
Olague, Miguel, Borden, Fong, Moore, Sugaya
COMMISSIONERS ABSENT:
Antonini
THE MEETING WAS CALLED TO
ORDER BY PRESIDENT OLAGUE AT: 12:20 PM
STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Rick Crawford,
Christina LaMorena, Diego Sanchez, Ben Fu, Corey Teague, Sara Vellve, Joshua
Switzky, Susan Exline, 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.
2011.0101C
(D.
Sánchez: (415) 575-9082)
405 VALENCIA
STREET
- southeast corner of 15th Street, Lot 029 in Assessor’s Block 3554 - Request for
Conditional Use Authorization under Planning Code Sections 726.83 and 303 to
install a wireless transmission facility consisting of three panel antennas on
an existing mixed use building with a preference location number 2 (preferred
location) within the Valencia Street Neighborhood Commercial Transit District
and a 55-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Proposed for Continuance to September 15, 2011)
SPEAKERS:
Joaquinn Welch
ACTION:
Continued as proposed
AYES: Olague, Miguel, Borden, Fong, Moore, Sugaya
ABSENT:
Antonini
2.
2010.0094X
(B.
FU: (415) 558-6613)
740 ILLINOIS & 2121 3rd STREETS
- through lot bounded by 3rd, Illinois, 18th and 19th
Streets, Lots 002 and 006 in Assessor’s Block 4045 - Request under Planning
Code Section 329 for Large Project Authorization and exceptions for rear
yard, dwelling unit exposure and ground floor active uses for the proposed
construction of a six-story, 104-unit residential building with off-street
parking for up to 78 spaces. The subject property is located within the UMU
(Urban Mixed Use) District with a 68-X Height and Bulk Designation.
(Proposed for Continuance to September 15, 2011)
SPEAKERS:
None
ACTION:
Continued as proposed
AYES: Olague, Miguel, Borden, Fong, Moore, Sugaya
ABSENT:
Antonini
3. 2011.0172T
(A. STARR: (415) 558-6362)
Proposed Changes to Restaurant, Video Stores, and Related Land Use
Controls.
The Commission will consider an Ordinance introduced by Supervisor Mirkarimi
concerning self-service restaurants, retail coffee stores, and video stores as
well as additional recommendations by Planning staff to consolidate existing
restaurant definitions and controls. Specifically, the proposed Ordinance
would amend the San Francisco Planning Code by amending Sections 710, 730,
733A, 733A.1, 790.90, 790.91, and 790.102 of the Planning Code to: (1) increase
the maximum use size for Small Self-Service Restaurants in Neighborhood
Commercial Districts to that of the non-residential use size limit for the
district and eliminate the limit on the number of seats; (2) increase the
minimum size for Large Self-Service Restaurants in Neighborhood Commercial
Districts to that of the non-residential use size limit for the district; (3)
principally permit Small Self-Service Restaurants and Video Stores in
Neighborhood Commercial Cluster (NC-1) and Neighborhood Commercial Transit
Cluster (NCT-1) Districts; (4) conditionally permit Large Self-Service
Restaurants in the Inner Sunset Neighborhood Commercial District; (5) require
that mechanical noise and vibration from Self-Service Restaurants be confined to
the premises; and (6) remove the prohibition of on-site food preparation and
cooking and reheating equipment in Retail Coffee Stores; adopting findings,
including environmental findings, Section 302 findings, and findings of
consistency with the General Plan and the Priority Policies of Planning Code
Section 101.1.
Preliminary Recommendation: Adoption
(Continued from Regular Meeting of May 26, 2011)
(Proposed for
Continuance to October 6, 2011)
SPEAKERS:
None
ACTION:
Continued as proposed
AYES: Olague, Miguel, Borden, Fong, Moore, Sugaya
ABSENT:
Antonini
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.
2011.0026C (R.
Crawford: (415) 558-6358)
2238 POLK STREET - east side between Green and Vallejo
Streets; Lot 015 in Assessor’s Block 0549 - Request for Conditional Use
Authorization, pursuant to Planning Code Sections 303, 121.2, 723.21 and
723.42 to develop a full service restaurant exceeding 1,999 square feet in
area. The proposal would develop a 2,190 square foot full service restaurant,
(d.b.a. Gioia Pizzaria) in vacant commercial spaces formerly occupied by a hair
salon and a health food store at 2238 Polk Street within the Polk Street
Neighborhood Commercial District and 65-A Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS:
None
ACTION:
Approved
AYES: Olague, Miguel, Borden, Fong, Moore, Sugaya
ABSENT:
Antonini
MOTION:
18420
5.
2011.0543C (C.
Lamorena: (415) 575-9085)
1244 9th
AVENUE
- east side between Lincoln Way and Irving Street;
Lot 028 in Assessor’s Block 1742 - Request for Conditional Use Authorization,
pursuant to Planning Code Sections 303 and 730.51, to convert vacant commercial
space previously occupied by an insurance office (d.b.a. Stewart Title Guaranty
Company) into a medical service use as a pediatric dental and orthodontic office
(d.b.a. Park Smile Children’s Dentistry and Orthodontics) on the ground floor of
a two-story mixed-use building within the Inner Sunset Neighborhood Commercial
Zoning District and 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS:
None
ACTION:
Approved
AYES: Olague, Miguel, Borden, Fong, Moore, Sugaya
ABSENT:
Antonini
MOTION:
18421
6.
2011.0513C (C.
Lamorena: (415) 575-9085)
3150 GEARY BOULEVARD - northeast
corner of Geary Boulevard and Spruce Street; Lot 067 in Assessor’s Block 1066 -
Request for Conditional Use Authorization, pursuant to Planning Code
Sections 303 and 703.3, to establish a formula retail use (a flooring store
d.b.a. Lumber Liquidators) in a vacant commercial space of approximately 1,800
square feet on the ground floor of a four-story mixed-use building within the
NC-3 (Neighborhood Commercial, Moderate-Scale) Zoning District and 40-X Height
and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS:
None
ACTION:
Approved
AYES: Olague, Miguel, Borden, Fong, Moore, Sugaya
ABSENT:
Antonini
MOTION:
18422
7.
2011.0253C
(D.
Sánchez: (415) 575-9082)
555 MINNA STREET
- south side between Russ and 7th Streets, Lot 092 in Assessor’s
Block 3726
- Request for Conditional Use Authorization under Planning Code Sections
813.21 and 303 to demolish an existing 2,000 square foot vacant building and
establish a Social Service Use (d.b.a. South of Market Health Center) within the
one story replacement structure within the Residential Enclave District and a
45-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS:
Evelyne Fotiadi
ACTION:
Approved
AYES: Olague, Miguel, Borden, Fong, Moore, Sugaya
ABSENT:
Antonini
MOTION:
18423
8.
2010.0978C
(D. Sánchez: (415) 575-9082)
804 BRYANT
STREET
- northwest corner of 6th and Bryant Streets, Lot 011 in Assessor’s
Block 3759
- Request for Conditional Use Authorization under Planning Code Sections
817.73 and 303 to install a wireless transmission facility consisting of nine
panel antennas on an existing commercial building with a preference location
number 4 (preferred location) within the Service/Light Industrial District and a
30-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS:
None
ACTION:
Approved
AYES: Olague, Miguel, Borden, Fong, Moore, Sugaya
ABSENT:
Antonini
MOTION:
18424
9a.
2011.0325CV
(B.
FU: (415) 558-6613)
144 KING
STREET
-
north side between 2nd and 3rd Streets, Lot
024 in Assessor’s Block 3794 - Request under Planning Code Sections 303 and
216(b)(i) for authorization to extend approval for a proposed project for three
additional years. The project, approved under Motion No. 17094, is
demolition of an existing one-story warehouse building and construction of an
11-story, 130-room hotel with no off-street parking. The proposed extension
would be to September 8, 2014. The property is located within an MUO (Mixed
Used - Office) Zoning District (former M-2 Zoning Distr ict) and a 105-F Height
and Bulk District. No other changes to the project are proposed at this time.
Preliminary Recommendation: Approval with Conditions
SPEAKERS:
None
ACTION:
Approved
AYES: Olague, Miguel, Borden, Fong, Moore, Sugaya
ABSENT:
Antonini
MOTION:
18425
9b.
2011.0325CV
(B.
FU: (415) 558-6613)
144 KING
STREET
-
north side between 2nd and 3rd Streets, Lot 024 in
Assessor’s Block 3794 - Request for time extension of Variances previously
granted for floor area ratio and bay projection under Planning Code Sections
124 and 136(c)(2). The project, approved under Motion No. 17094, is
demolition of an existing one-story warehouse building and construction of an
11-story, approximately 130-room hotel with no off-street parking.
The
property is located within an MUO (Mixed Used - Office) Zoning District (former
M-2 Zoning District) and a 105-F Height and Bulk District. No other changes to
the project are proposed at this time.
SPEAKERS:
None
ACTION:
Acting Zoning Administrator John Rahaim granted the requested
extension
10.
2011.0394C
(C. Teague: (415) 575-9081)
2966 MISSION STREET
- west side between 25th and 26th Streets, Lot 006 in
Assessor's Block 6529 - Request for Conditional Use Authorization to
allow a "Small Self-Service" restaurant (d.b.a. Hot Press SF, Inc) in the
Mission Street NCT (Neighborhood Commercial Transit) Zoning District, 45-X/65-B
Height and Bulk District, and the Mission Alcoholic Beverage Special Use
District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS:
None
ACTION:
Approved
AYES: Olague, Miguel, Borden, Fong, Moore, Sugaya
ABSENT:
Antonini
MOTION:
18426
C.
COMMISSIONERS’ QUESTIONS AND MATTERS
11.
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 Moore:
I would like to share an event regarding the Chinatown Development Corporation
last Friday. A group of 12 young, enthusiastic interns took eight weeks and
divided into three teams to analyze the problems of Chinatown. It was a
remarkably insightful analysis and interesting set of recommendations that came
from students raging from the age of just graduating from high school to a
genius and seniors already enrolled in college. It was a wonderful event. The
Planning Department attended in addition to Supervisor Kim and people from
Supervisor Chu's office. I do hope the Planning Department engages strongly to
teach young people about urban activism, planning, and design matters. I was
very impressed. The students themselves are off to various destinations. I
encourage Gloria Flores to keep the record of these findings as part of the base
data for when this Department moves into looking at Chinatown.
Commissioner Miguel:
During the week, I have met with the Jewish Home regarding their Institutional
Master Plan that is in the process at the moment as well as with representatives
of the California Nurses Association.
D. DIRECTOR’S REPORT
12.
Director’s Announcements
John Rahaim,
Director of Planning:
I just have one announcement today. I wanted to let you know that staff is
conducting a second workshop on the Chinatown - Broadway Street Design Project.
That will take place on Thursday, August 16, from 4:30 until 7:00 at the
Elementary School at 950 Clay Street. They will present several plans for
Chinatown, at the Gordon Lau Elementary School.
13.
Review of Past Week’s Events at the Board of Supervisors, Board of
Appeals, and Historic Preservation Commission.
LAND USE COMMITTEE: cancelled this
week
FULL BOARD OF SUPERVISORS:
§
110592 Inner, Outer Clement and Geary NC Controls.
Commissioners,
you heard this item sponsored by Supervisor Mar on July 14, at that time you
recommended approval with modifications. Supervisor Mar amended the Ordinance
to include your recommendations, except for one. First you recommended permit
one additional restaurant in the Inner Clement and then allow additional
restaurants in both the Inner and Outer Clement by CU. The Supervisor
accommodated this request as it still is a relaxation from the existing
controls. Second, you recommended to remove the prohibition on Formula Retail
Pet Supply Stores. Although Supervisor Mar did not remove this prohibition,
there was discussion of this at both the Committee and the Board. This week
the Board approved Supervisor Mar’s Ordinance on FINAL reading.
§
Limited Live Performance.
Commissioners, you heard this item sponsored by Supervisor Mirkarimi on July 7.
This Ordinance would to create a Limited Live Performance Permit for indoor
locales whose primary function is not presentation of live performances. At
that time, you recommended approval with modifications. You requested that the
Ordinance be amended to extend the opportunity for small-scale entertainment to
be considered an accessory use in the SOMA, West Portal, and Pacific Avenue
districts. At the Land Use hearing Supervisor Mirkarimi incorporated all of
your modifications, except one. On the request of Supervisor Kim, he has
amended the Ordinance so that it allows this entertainment use in the SoMa
Districts—but only in the areas not involved in the Western SoMa
Community Planning Process. The ordinance would initially limit performances to
10pm, however, after 1 year a Limited Live Entertainment Permittees may ask the
Director of the Entertainment Commission to extend the hours of performance.
This week at the Full Board hearing, Board President Chiu and Supervisor Farrell
introduced amendments for their districts that would not permit an extension in
hours beyond 10pm for the Union Street, Chestnut, North Beach and Polk St
Commercial Districts. Supervisor Farrell also added a noticing provision where
interested parties could “opt-in” and request notice about LLE permits. With
these amendments, the Full Board passed the Ordinance on first reading.
§
Board Approved a Resolution Establishing their own response to the Parkmerced
Civil Grand Jury.
The Board
disagreed with the Civil Grand Jury’s Findings No 1-5 and incorporated the
Office of Economic and Workforce Development’s responses as their own. This
Resolution was adopted 6-5.
§
1945 Hyde Street
Cat Ex Appeal-
Commissioners, on June 16, you heard a Discretionary Review on the related
project. The project would convert a parking garage into a three-story over
basement, 7-unit residential building, with 17 parking spaces on stackers and a
small commercial space along Hyde Street. At the DR hearing, you modified the
project and included additional setbacks. The Russian Hill Community
Association appealed the Cat EX stating that the project would have a range of
significant impacts that were not identified in the exemption. However, the
appellant did not specify aspects of the exemption that they considered
inadequate—instead they asked that the Department respond to 70+ pages of
comments submitted during the Cat Ex review. The comment letters that are cited
in the appeal made a variety of points about the character of the site and
surroundings; historic resources, transportation; existing plans and policies,
noise, and aesthetics. Given the upcoming Recess and the requirements for
holding a prompt hearing, the Department had to prepare a lengthy response in
short order. The Department’s quickly prepared thorough response of 70+ pages
explained how the exemption adequately addressed each topic, an effort that took
over $10k to prepare. With this additional material, we again concluded that
the project qualifies for an exemption under Section 15332 of the CEQA
Guidelines and has no significant impacts. At the appeal hearing this week,
the appellant and their supporters failed to appear and provided the board with
a letter stating there continued objection to the project. After short
presentations from the Department and the project sponsor, the Board upheld the
Cat Ex 11-0.
Board of Appeals:
No Report Given
HISTORIC PRESERVATION COMMISSION:
The Historic Preservation Commission did meet yesterday. The two items of note
were the Draft Environmental Impact Reports for the America's Cup and San
Francisco MOMA. The Commission decided not to draft a letter for SFMOMA. There
was only one real concern and staff made note of it to forward to the
Environmental Review Officer. For the America's Cup, there was also no public
testimony. However, the Commission decided to continue the item and leave it
open for their consideration at the next hearing. Although there might not be
any concerns at that hearing, they wanted the opportunity to take more time to
study the document.
E.
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.
F.
REGULAR CALENDAR
14.
2011.0450C
(S. Vellve: (415) 558-6263)
55 LAGUNA STREET (aka 218-220 Buchanan Street)
- most of the blocks bound by Laguna, Haight, Buchanan
and Hermann Streets, Lots 1, 2 and portion of Lot 3 in Assessor's Block 0870 and
Lots 1 and 1A in Assessor's Block 0857 - Request for Conditional Use
Authorization pursuant to Planning Code Section 303 to modify Conditions 20,
21 and 29 of Motion No. 17537 (Case No. 2004.0773C) to allow a mix of on-site
affordable below-market-rate dwelling units and payment of an affordable housing
fee to satisfy the requirements of Planning Code Section 415 for this mixed use
project that was approved by the Planning Commission in 2008, within RM-3
(Residential, Mixed, Medium Density) and NC-3 (Neighborhood Commercial, Moderate
Scale) Zoning Districts, the Laguna, Haight, Buchanan and Hermann Streets
Special Use District, and 40-X, 50-X and 85-X Height and Bulk Districts. The
requested modifications to Motion No. 17537 would not alter the overall number
of market rate or affordable senior dwelling units to be provided in the
development nor would the modifications affect any physical aspects of the
development.
Preliminary Recommendation: Approval with Conditions
SPEAKERS:
In support: Steve Vettel, Seth Killbourn, Teresa Yanga, Jazzie Collins, Tim
Colen, Jeri Raimondi, Victoria Grace, M.J. Isabell, Jesse Flores, Pamela Quiton,
and Felicia Alejandro; Expressed concerns: Cynthia Serventhick, Jason
Henderson,
ACTION:
Approved
AYES: Olague, Miguel, Borden, Fong, Moore, Sugaya
ABSENT:
Antonini
MOTION:
18427
15.
(J. RAHAIM; (415)
558-6411)
PLANNING COMMISSION RESPONSE TO GRAND JURY REPORT ON PARKMERCED - The
San Francisco Civil Grand Jury issued a report on May 17, 2011 regarding the
Parkmerced project containing a number of findings and recommendations. The
Planning Commission is required to respond within 60 days to each finding and
recommendation. In coordination with the Office of Workforce and Economic
Development and the City Attorney's office, staff has drafted a response letter
for the Commission's review.
Preliminary Recommendation: Approve the draft response letter to
the Grand Jury
(Continued from Regular Meeting of July 21, 2011)
SPEAKERS:
None
ACTION:
Approved the modified letter dated 8/4/11
AYES: Olague, Miguel, Borden, Fong, Moore, Sugaya
ABSENT:
Antonini
16. 2007.0558
(J. SWITZKY: (415) 575-6815)
TRANSIT CENTER DISTRICT PLAN
-- INFORMATIONAL UPDATE.
The
draft Transit Center District Plan was published in November 2009. In
anticipation of publication of the Draft Environment Impact Report in early
autumn, Planning Department staff will provide for the Commission a brief
refresher of the proposals of the draft Plan and an update on related items. The
draft Plan is available for public review at:
http://transitcenter.sfplanning.org.
Preliminary Recommendation: No Action Required --
Informational Only
SPEAKERS:
None
ACTION:
Informational Only. No action required
17.
2010.0641M
(S. EXLINE: (415) 558-6332)
2011 RECREATION AND OPEN SPACE ELEMENT UPDATE -
INFORMATIONAL PRESENTATION The first Draft of the Recreation and Open Space
Element was released in May 2009, the Revised Draft of the Recreation and Open
Space Element was released on June 8, 2011. This presentation will be the second
in a series of three informational presentations on the policies in the Revised
Draft of the Recreation and Open Space Element. The Revised Draft of the Element
is available for the public to review online at http://openspace.sfplanning.org
Preliminary
Recommendation: No Action Required -- Informational Only
SPEAKERS: Kris
Schaeffer, Sue Hagen Contreras, Ursula Ayala, Roberto Ayala, Katherine Howarad,
Arthur Feinstein, Meredith Thomas
ACTION:
Informational Only. No action required
18.
(L.
AVERY: (415) 558-6407)
AMENDMENTS TO COMMISSION’S RULES AND REGULATIONS
Preliminary Recommendation: Adoption
(Continued from Regular Meeting of July 28, 2011)
SPEAKERS:
Sue Hestor
ACTION:
Approved
AYES: Olague, Miguel, Borden, Fong, Moore, Sugaya
ABSENT:
Antonini
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))
None
Adjournment: 4: 26
PM
Adopted:
September 8, 2011
