SAN FRANCISCO
PLANNING COMMISSION
Meeting Minutes
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B.
Goodlett Place
Thursday, July 21, 2011
12:00 PM
Regular Meeting
COMMISSIONER PRESENT:
Miguel, Antonini, Borden, Moore, Sugaya
COMMISSIONER ABSENT:
Fong, Olague
THE MEETING WAS CALLED TO
ORDER BY VICE-PRESIDENT MIGUEL AT 12:10 PM
STAFF
IN ATTENDANCE: John Rahaim – Director of Planning, Scott Sanchez – Zoning
Administrator, Steve Wertheim, Glen Cabreros, Nannie Turrell, Jonas Ionin –
Acting Commission Secretary
A.
CLOSED SESSION:
1. Public Comments on Matters to
be discussed in Closed Session.
2.
Consider Adoption of Motion on Whether to Assert the
Attorney-Client Privilege Regarding the Matters Listed Below as Conference With
Legal Counsel. (San Francisco Administrative Code Section 67.10(d).)
SPEAKERS: None
ACTION: Adopted
AYES:
Miguel,
Antonini, Borden, Moore, Sugaya
ABSENT:
Fong, Olague
THE PLANNING COMMISSION WILL GO INTO CLOSED SESSION TO DISCUSS THE
FOLLOWING:
3. Conference with Legal Counsel -
Pursuant to California Government Code Section 54956.9(a) and San Francisco
Administrative Code Section 67.10(d) to discuss pending litigation and
consideration of pursuing settlement in Metro Fuel LLC v. City and County of
San Francisco et al., United States District Court Case No. C07-6067
PJH, which was filed November 30, 2007; Metro Fuel also filed a notice of appeal
on April 19, 2011, which is pending before the United States Ninth Circuit Court
of Appeals, Case No.
11-15966; and to discuss potential litigation against Metro Fuel LLC,
with the City as plaintiff pursuant to California Government Code Section
54956.9(c) and San Francisco Administrative Code Section 67.10(d). (Kate Stacy
and Tom Lakritz)
FOLLOWING THE CLOSED SESSION, THE PLANNING COMMISSION WILL
RECONVENE IN OPEN SESSION.
3.
The Planning Commission will make an announcement following Closed
Session and will consider a motion regarding whether to disclose the discussions
during Closed Session.
SPEAKERS:
Kate Stacey, Scott Sanchez, John Rahaim, Dan Sider
ACTION: No to disclose
AYES:
Miguel,
Antonini, Borden, Sugaya
ABSENT: Fong,
Moore,
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.
5. Consideration of
Adoption:
·
Draft Minutes of
Regular Meeting of July 7, 2011
SPEAKERS: None
ACTION: Approved
AYES:
Miguel, Antonini, Borden,
Sugaya
ABSENT: Fong,
Moore, Olague
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.
Commissioners
Antonini:
It is kind of
a global question, and I certainly don’t expect a response today, I just want to
ask the question, it comes under the umbrella of the discussion often have about
families leaving San Francisco, about citizens often relocating out of San
Francisco, and one of the complaints you hear about is, problem with quality
enjoyment, persue it of happiness and safety predictable passage, and the other
day there was a demonstration and there were a lot hooded individuals, it seems
to be an unorganized demonstration and of-course there was a lot blockage of
streets, blockage of transit and eventually destruction of property, which some
arrests were made.
I guess some
parades have to get a permit, some demonstrations have to get permit, and other
demonstrations that are spontaneous do not, I wonder what the City policy is, as
to when a permit is necessary and when a demonstration is disrupted and not
terminated even if it is blocking people passage often time for emergency
situation, and it would seem like one is right of passage, would take precedent
over one is rights of expression, it has to be some to compete with each other,
and I have a question in regards to the City’s policy when the permit is
necessary.
Commissioner
Sugaya:
I attended the
opening ceremony for the Powell Street Park, down on Union Square between Union
Square and the Cable Car turn around, there are aluminum design, my personal
feeling is a huge maintenance issue, I know the Union Street Merchants have a
maintenance fund, but, for example the flooring material is gray aluminum, and
there are already cigarettes buds falling thorough there, and paper being caught
in it, it going to be continually be maintained. I think between the opening
day and yesterday when I walked by, I believe some of the barriers that they
erected were aluminum, they already bent, out of line.
Commissioner
Miguel:
I would like
today’s Commission hearing be adjourned in honor Anita Louise Avery, our
Commission Secretary’s sister, her services were last Monday, John was there,
Jonas was there and other members of the Department were there as well.
The other
thing, in today’s Chronicle there was an article under health, and I actually
caught a touch of one of the news show last night, regarding First Lady Michelle
Obama campain against child obesity and the availability of healthy food, and
while I mentioned Walmart, which we don’t have in San Francisco, and also they
mentioned Walgreens, which we do have, with the statement Walgreens Co. a
nationwide drug store chain, still refers to drug store, will convert or open a
thousand stores in areas that need healthy choices over the next 5 years, this
is something that we talked about here, Commissioner Moore and I, particularly,
engaged at the moment, the definition of drug stores or food stores wherever
they may be is something that will have to be dealt in the very immediate
future.
Commissioner
Moore:
The issue over
affordable housing or the lack of it, is not only an US discussion, there is one
being raised in China and other fast growing countries in Asia, I just came back
from a conference in Vietnam which was attended by the Ministry of Housing,
Ministry of Construction and Ministry of Communication, as for the first time
since I’ve been doing work in that country for many years, the Ministry talked
openly about the lack of affordable housing, at this moment in China, Beijing
and Shanghai, only a third of the population in large cities like Beijing and
Shanghai, can afford to buy apartments, which are being built very rapidly, in
Vietnam is a huge notice, the lack of affordable housing, this is from countries
that have centralized governance quiet different from our own, and they are
saying the market is not providing enough affordable housing. I like to share
with you what they are trying to do, and again when you have a different form of
government, which they definitely do, they are handling a little bit different,
but they also lack the means to really bring that housing type to market.
C. DIRECTOR’S REPORT
7. Director’s
Announcements
Director Rahaim:
I just want to
bring to your attention, that we are doing an on-line survey about our public
outreach and process, that will be live tomorrow, in our own web page, and will
be up for about 3 weeks, this survey will be use to help us to better inform and
involve the public in different efforts and projects of the Department.
Primarily, the current practices develop a vision and goal around public
outreach and engagement, and look it different ways in doing that part of our
work.
Second thing I
want to mention is, in your package today, you will be receiving a twenty-five
year record of the Downtown Plan, the Downtown Plan was twenty five years old
last year actually, it is essentially a compilation for our factual annual
report that we do on the plan, it does compile all in one document and it is a
very accurate document and staff would like to give a full report in the future,
and we are looking at a date in October to have a public hearing on that report.
8.
Review of Past Week’s Events at the Board of Supervisors, Board of
Appeals, and Historic Preservation Commission.
LAND USE COMMITTEE:
§
LAST WEEK Hearing - Regulations for Issuing Excavation Permit for the
Installation of Surface-Mounted Facilities in the Public Rights-of-Way.
Supervisor Wiener’s
Inquiry focused on DPW’s Surface-Mounted Facilities Work Order to see if it was
consistent with the General Plan and Betters Streets Plan. Staff informed the
Committee that the Work Order was consistent and offered a strong set of
guidelines but could be strengthened. The BSP set in motion mechanisms for
better coordination between agencies. The City is improving on this front but
coordination can always be improved. Our suggestions for strengthening
guidelines include: 1) adding sidewalk widenings as a way to accommodate
surface-mounted utilities; 2) where appropriate use surface-mounted utility
installations to help build improvements envisioned in the BSP; and 3) based on
public testimony at the hearing staff could review minimum sidewalk widths to
ensure the Work Order complies with BSP. While this hearing was Informational
Only, the Committee seemed to suggest that City Agencies consider these items
and seek coordination as early in the review process as possible.
§
Limited Live Performance.
Commissioners, you heard
this item 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 Mixed
Use Districts, the SOMA NCT, West Portal, and Pacific Avenue neighborhood
commercial districts - districts in which entertainment is not currently
permitted. In addition, you recommended that any restrictions on the visibility
of entertainment from public rights-of-way be removed, as well as any
requirement that doors and windows be closed while the accessory performances
are underway. At this week’s hearing Supervisor Mirkarimi indicated that he
would incorporate all of your modifications, except one. On the request of
Supervisor Kim, he will amend the Ordinance so that it allows this entertainment
use in the SoMa mixed Use Districts—but only in the areas not involved in the
Western SoMa Community Planning Process. There was some discussion of this
issue as Supervisor Wiener agreed with the Commission recommendation to include
all of the SoMa Mixed Use Districts, including Western SoMa. Also, under dis
In the end, the Committee made the modifications as requested by Supervisor
Mirkarimi and Kim and the Ordinance was continued to next week as amended.
§
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. This Ordinance would amend restaurant controls in
Inner and Outer Clement so that the controls were “tipping” controls that could
flip between “permitted” and conditionally permitted depending on concentration
levels. The Ordinance would exchange a prohibition on “large, fast food
restaurants” on portions of Geary for a prohibition on Formula Retail
restaurants in the same area. It would also prohibit Formula Retail Pet Supply
Stores; permit video stores; and allow a 5’ height bonus for active uses. Due
to ongoing CEQA analysis of this last component the Supervisor modified the
legislation to remove the height bonus. You recommended a few minor
modifications and two substantial modifications. First you recommended to
replace the “tipping” controls with consistent controls that would 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 the Committee. Supervisor Wiener agreed with your position. After
discussion, the Committee accepted Supervisor Mar’s modifications and continued
the Ordinance to next week as amended.
RULES COMMITTEE:
LAST WEEK Hearing on Ballot
Initiative on a Planning Code Amendment that would Prohibit the Demolition of
Residential Buildings.
This hearing was last week.
At the hearing, our Director went over the mechanics of the proposed Initiative,
technical issues, and potential policy implications. The Director stated that
as drafted, the Initiative appears to have a number of errors and
inconsistencies. He advised that this lack of clarity and precision could cause
problems with the implementation of the Initiative and potential results that
are different than those intended by voters. Due to the fact that this item
is scheduled to be put before the voters this Fall, neither the Department nor
the Commission can take a position on this item.
FULL BOARD OF SUPERVISORS:
§
BUDGET.
This week the Board unanimously passed the City’s Budget. This included not
only our Department budget but also the trailing legislation for the associated
fee updates.
§
BF 110277
Vintage Signs. This
week the Full Board considered Supervisor Campos’s Ordinance that would allow
for more types of signs to be covered under the historic sign ordinance. You
heard this item on June 2 at which time you recommended approval with
modifications. Supervisor Campos incorporated your recommendations into the
proposed legislation and chose the word “vintage” to replace the word
“historic.” The item, as amended, was passed on first reading Tuesday.
§
110627 General Plan Amendment - Community Safety Element.
This Ordinance added
language to the Community Safety Element of the General Plan to reference the
most recent Hazard Mitigation Plan. This amendment ensures the City and County
of San Francisco will qualify for additional funding enabled through California
Assembly Bill AB 2140, for certain disaster recovery projects. This Commission
had recommended approval of the Ordinance. This week the Board approved the
Ordinances on first reading.
§
CEQA Cat Ex Appeal of AT&T's Lightspeed Project -
After three continuances,
the Board affirmed the Categorical Exemption for the AT&T Lightspeed project by
a vote of 6 to 5 despite another motion for continuance in order to provide
further review of AT&T's Memorandum of Understanding with DPW. Some Supervisors
continued to raise environmental concerns that the 726 proposed Lightspeed
cabinets could result in project-specific and cumulative significant impacts and
that an EIR was required. But ultimately it was non-CEQA-related commitments by
AT&T that convinced the majority to vote to uphold the CEQA determination. AT&T
committed to additional public and district supervisor notification and
involvement, above and beyond DPW's Surface Mounted Facilities Order
requirements, among other items.
INTRODUCTIONS:
-
Hearing Request
on the recently published 2010-2011 Civil Grand Jury report entitled "The
Parkmerced Vision: Government-By-Developer." This item will be heard by the
Government Audit and Oversight Committee.
-
110845 [Zoning Map -
Rezoning of 312 Connecticut Street]
Sponsor: Cohen Ordinance amending Sheet No. ZN08 of the Zoning Map of the
City and County of San Francisco to: 1) rezone Block No. 4035, Lot No. 003
(312 Connecticut Street) from RH-2 to NC-2; and 2) making environmental
findings, Planning Code Section 302 findings, and findings of consistency
with the General Plan and the Priority Policies of Planning Code Section
101.1. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development
Committee.
-
110853 [Planning,
Administrative Codes - Public Art Fee and Public Artwork Trust Fund]
Sponsors: Mayor; Chiu Ordinance: 1) amending the San Francisco Planning
Code, Section 429, to provide that developers currently required to spend 1%
of construction costs for public artwork on any development project over
25,000 square feet located in a C-3 district have an option to contribute
all or a portion of that Fee to a City fund dedicated to support public art;
2) amending the San Francisco Administrative Code by adding Section
10.200-29 to establish a Public Artwork Trust Fund, funded through
contributions and Public Art Fees, for the creation, installation,
exhibition, conservation, preservation, and restoration of temporary and
permanent public art and capital improvements to nonprofit art facilities
within the C-3 district to be administered and expended by the Arts
Commission; and 3) making environmental findings, Planning Code Section 302
findings, and findings of consistency with the General Plan and the Priority
Policies of Planning Code Section 101.1. ASSIGNED UNDER 30 DAY RULE to Land
Use and Economic Development Committee.
Board of Appeals:
The Board of
Appeals heard one item that would be of interest to the Commission - 1787 Union
Street (dba The Brickhouse). The subject project (outdoor patio front of a
restaurant) was before the Planning Commission as a DR on January 20, 2011. At
this hearing the Commission unanimously approved the project with conditions,
including limitations on seating, hours of operation and the number of doors
that could remain open to the outdoor seating area. The Board of Appeals heard
the matter and believed that additional measures could be adopted to address
neighbor concerns regarding noise. The Board voted to continue the item to
August 10, 2011, and directed the Permit Holder to investigate alternative
methods for addressing the noise issues (including, but not limited to, changing
the operation of the doors to the patio).
HISTORIC PRESERVATION COMMISSION:
Status report on the Golden
Gate Park Landmark designation effort, as well as the proposed Duboce Park
Landmarking Community meeting that was held by staff the Duboce Park.
Two Certificates of
Appropriateness, one on Telegraph Hill and one on Montgomery St. that was
continued and another on Liberty Hill Historic District at 21st St.
that was approved
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.
None
E.
REGULAR CALENDAR
9.
(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
SPEAKERS: None
ACTION: Continued to 8/4/11
AYES:
Miguel, Borden, Moore,
Sugaya
NAYES:
Antonini
ABSENT: Fong,
Olague
10.
2011.0559TZ
(S. WERTHEIM:
(415) 558-6612)
DEPARTMENT-SPONSORED PLANNING CODE, ADMINISTRATIVE CODE, AND ZONING MAP
AMENDMENTS RELATED TO EASTERN NEIGHBORHOODS
- The
Planning Commission will consider a Resolution to approve amendments to the
Planning Code, Administrative Code, and Zoning Map. The amendments are intended
to a) improve the City’s ability to implement the goals, objectives, and
policies of the Eastern Neighborhoods Plan, b) make technical corrections to the
Code, c) update land use tables in the Eastern Neighborhoods, d) clarify
language for affordable housing tiers and the use of historic buildings in the
UMU District, e) clarify permitted modifications for Large Project
Authorizations in the Eastern Neighborhoods. Planning Code sections proposed for
amendment include Sections 102.5, 121.8, 134, 135, 140, 145.1, 145.5, 151.1,
157.1, 175.8, 207.1, 218, 227, 231A, 249.36, 249.37, 249.38, 329, 352, 401,
411.3, 419.2, 419.5, 423.5, 607.2, 726, 734.1, 735.1, 736.1, 781.5, 803.3,
803.8, 803.9, 814.31, 814.49, 840, 841, 842, 843, 890.49, and 890.54.
Preliminary
Recommendation:
Approval of proposed Ordinance to the Board of Supervisors.
SPEAKERS: None
ACTION: Approved
AYES:
Miguel,
Antonini, Borden, Sugaya
ABSENT: Fong,
Moore, Olague
RESOLUTION: 18142
11a.
2010.0501D
(G. CABREROS: (415) 558-6169)
3020 LAGUNA STREET
- east side between Greenwich Street and Harris Place; Lot 029 in Assessor’s
Block 0519 - Mandatory Discretionary Review, pursuant to Planning Code
Section 317(d), of Demolition Permit Application No. 2010.09.27.1660, proposing
to demolish a two-story, single-family residence within the RH-2 (Residential,
House, Two-Family) Zoning District and 40-X Height and Bulk District.
Staff Analysis: Full Discretionary Review
Preliminary Recommendation: Do not take
Discretionary Review and approve
SPEAKERS: None
ACTION: Do not take DR
AYES:
Miguel,
Antonini, Borden, Moore, Sugaya
ABSENT: Fong,
Olague
DRA: 0222
11b.
2011.0541D
(G. CABREROS: (415) 558-6169)
3020 LAGUNA STREET
- east side between Greenwich Street and Harris Place; Lot 029 in Assessor’s
Block 0519 - Mandatory Discretionary Review, pursuant to Planning Code
Section 317(d), of Building Permit Application No. 2010.09.27.1661, proposing to
construct a new four-story, two-unit residential building within the RH-2
(Residential, House, Two-Family) Zoning District and 40-X Height and Bulk
District.
Staff Analysis: Full Discretionary Review
Preliminary Recommendation: Do not take
Discretionary Review and approve
SPEAKERS: None
ACTION: Do not take DR
AYES:
Miguel,
Antonini, Borden, Moore, Sugaya
ABSENT:
Fong, Olague
DRA: 0222
11c.
2011.0541V
(G. CABREROS: (415) 558-6169)
3020 LAGUNA STREET
- east side between Greenwich Street and Harris Place; Lot 029 in Assessor’s
Block 0519 - Request for variances from the front setback, rear yard and
dwelling unit exposure requirements, pursuant to Planning Code Sections 130,
134, 140 and 305, to allow new construction of a four-story, two-unit
residential building within the RH-2 (Residential, House, Two-Family) Zoning
District and 40-X Height and Bulk District.
ZONING ADMINISTRATOR CLOSED PUBLIC HEARING WITH
AN INTENT TO GRANT THE VARIANCE
12.
2008.1342D
(S.
LAI: (415) 575-9087)
197 LAIDLEY STREET
- northeast corner of Laidley and Fairmount Streets; Lot 012 in Assessor’s Block
6664 - Request for Discretionary Review of Building Permit Application
No. 2008.12.11.8300, proposing to raise the height of the existing single-family
home by 4 feet, 6 inches, to eliminate one off-street parking space and to
construct a new roof deck at the rear. This project necessitates a
front-setback variance, which was heard on March 23, 2011, and will be continued
to a future hearing. The property is located in a 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: Kathy Heller, Jan Roleio, Brian Lee, Tony
Pantealeoni, Bob McCraffey
ACTION: Do not take DR
AYES:
Miguel,
Antonini, Borden, Sugaya
ABSENT:
Fong, Moore, Olague
DRA: 0223
3:00 P.M.
13.
2007.0030E
(N. TURRELL: (415) 575-9047)
8 WASHINGTON STREET
- north side of Washington Street between The Embarcadero and Drumm Street;
Assessor’s Block 168/Lot 58, Block 171/69, Block 201/Lot 12 and Seawall Lot 351,
which includes Lot 13. - Public Hearing on the Draft Environmental Impact
Report. The proposed project would include demolition of the existing health
club facility, and the existing surface parking lot on Seawall Lot 351, and
construction of two residential buildings south of the Jackson Street alignment
that would contain approximately 165 residential units and range in height from
4 to 12 stories. The residential buildings, underground parking for up to 420
parking spaces, retail and restaurant use, fitness center, common areas and
service/core space would encompass approximately 575,000 gross square feet of
space. The project site is in the RC-4 (Residential/Commercial Combined: High
Density) use district and the 84-E height and bulk district.
NOTE:
Written comments will be accepted at the Planning Department until 5:00 p.m. on
August 15, 2011.
Preliminary Recommendation:
No Action Required
SPEAKERS: Jim Chappell, John Huang,
Bob Iwersen, Tim Colen, Lee Radwer, Nan Roth, Nan McGuire, Veronica Sanchez,
Frederick Allardyee, Irene Glassgold, Justin Altamano, Alfred E. Glassgold, Paul
Aspin, James Joannides, Lisa Schreiber, Charles Dutkin, Bill Sauro, Alex Bash,
William Hannan, Sally Tooley, Saraha Karlsinsky, Dave Stockdale, Jane Connors,
Marvin Kasoff, Ernestine Waters Weisss, Kathleen Dooloy, Bob Planthold, Sue
Hestor
ACTION: Public Hearing, no action required
AYES:
Miguel, Antonini, Borden,
Sugaya
ABSENT: Fong,
Moore, Olague
F.
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))
Adjournment: 9:45
PM
Adopted: October 6,
2011
