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SAN FRANCISCO
PLANNING COMMISSION
Meeting Minutes
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, December 15, 2011
1:00 PM
Regular Meeting
COMMISSIONERS PRESENT: Miguel, Olague, Antonini, Borden, Fong, Moore and Sugaya
THE MEETING WAS CALLED TO ORDER BY PRESIDENT OLAGUE AT 1:12 PM
STAFF IN ATTENDANCE: John Rahaim – Director Planning, Scott Sanchez – Zoning Administrator, Sharon Young, Kevin Guy, Christina LaMorena, Rich Sucre, Aaron Starr, Neil Hrushowy, Rick Crawford, Corey Teague, Mathew Snyder, Glenn Cabreros, Joy Navarrete, 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.
1a. 2011.0379DV (D. SANCHEZ: (415) 575-9082)
1 MASSASOIT STREET – southwest corner of Franconia Street; Lot 001 in Assessor’s Block 5554 – Staff Initiated Discretionary Review of Building Permit Application No. 2010.08.20.9282 for an expansion at the rear of an existing single family dwelling. The project site is located the RH-1 (Residential, House, One-Family) Zoning District, the Bernal Heights Special Use District and 40-X Height and Bulk Districts.
Preliminary Recommendation: Take Discretionary Review and approve with modifications
(Proposed for Continuance to January 12, 2012)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Olague, Miguel, Antonini, Borden, Fong, Moore and Sugaya
1b. 2011.0379DV (D. SÁNCHEZ: (415) 575-9082)
1 MASSASOIT STREET - southwest corner of Franconia Street; Lot 001 in Assessor’s Block 5554 – Request for Variances to Planning Code Section 242 to construct a stair and deck in the required rear yard and to provide one off-street parking space where two are required. The project site is located the RH-1 (Residential, House, One-Family) Zoning District, the Bernal Heights Special Use District and 40-X Height and Bulk Districts.
(Proposed for Continuance to January 12, 2012)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Olague, Miguel, Antonini, Borden, Fong, Moore and Sugaya
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
2. 2011.1074C (S. Young: (415) 558-6346)
4411 GEARY BOULEVARD, SUITE #100 – south side of Geary Boulevard between 8th and 9th Avenues; Lot 043 in Assessor’s Block 1536 – Request for Conditional Use authorization under Sections 303 and 712.54 of the Planning Code to convert vacant commercial tenant space (formerly occupied by a chiropractor’s office) with approximately 2,500 square feet of floor area into a massage establishment (d.b.a. Heaven Wellness Center) on the ground floor of a three-story commercial building within an NC-3 (Neighborhood Commercial, Moderate-Scale) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: None
ACTION: Approved as proposed
AYES: Olague, Miguel, Antonini, Borden, Fong, Moore and Sugaya
MOTION: 18504
3. 2011.1036C (K. GUY: (415) 558-6163)
1101 POLK STREET - northwest corner of the intersection of Post Street; Lot 002 in Assessor’s Block 0691 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 723.44, to modify conditions of approval placed on the existing small self-service restaurant (d.b.a. Eleven O One) in Motion No. 13538, Case No. 93.220C, to add seating, including outdoor seating, within the Polk Street Neighborhood Commercial District and the 130-E Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: None
ACTION: Approved as proposed
AYES: Olague, Miguel, Antonini, Borden, Fong, Moore and Sugaya
MOTION: 18505
4. 2011.1163C (C. LAMORENA: (415) 575-9085)
242 BALBOA STREET – north side between 3rd and 4th Avenues; Lot 019 in Assessor’s Block 1546 – Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 711.54, to convert vacant commercial space (formerly occupied by a retail video store) with approximately 1,800 square feet of floor area into a massage establishment (d.b.a. Paradise Health Center) on the ground floor of a three-story, mixed-use building within an NC-2 (Neighborhood Commercial, Small-Scale) Zoning District and 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: None
ACTION: Approved as proposed
AYES: Olague, Miguel, Antonini, Borden, Fong, Moore and Sugaya
MOTION: 18506
5. 2011.0841C (R. SUCRE: (415) 575-9108)
180 TOWNSEND STREET – located on Brannan Street between 2nd and 3rd Streets; Assessor’s Block 3788, Lot 013. Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 803.9(a), to convert approximately 15,001 sq ft from retail to office use on the ground floor of a three-story building. The subject property is listed as a contributor to the South End Historic District, which is listed in Article 10 of the San Francisco Planning Code. It is located within the SLI (Service/Light Industrial) Zoning District, and a 65-X Height/Bulk Limit.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: None
ACTION: Approved
RECUSED: Antonini
AYES: Miguel, Olague, Borden, Fong, Moore and Sugaya
MOTION: 18507
C. 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: Bob Iverson
Re: 8 Washington Street
Brad Paul
Re: 8 Washington Street
Linda Chapman
Re: Recent CPC approval on Polk Street
D. REGULAR CALENDAR
6. 2011.1160T (A. STARR: (415) 558-6362)
Disability Access Improvements for Small Businesses and Landlord Obligations - The Commission will consider an Ordinance introduced by Supervisor David Chiu concerning ADA access as it relates to the use size of self-service restaurants and retail coffee stores. Specifically, the proposed Ordinance would amend the San Francisco Planning Code by amending Sections 790.90, 790.91, and 790.102 to allow small self-service restaurants and retail coffee stores to exclude the square footage of floor area required for disabled access from the calculation of maximum allowable square footage for such uses under applicable zoning restrictions. The proposed ordinance also amends the San Francisco Administrative Code by adding Chapter 38, Sections 38.1 through 38.6; amends the San Francisco Campaign and Governmental Conduct Code Section 3.400; requiring commercial landlords leasing to small businesses for public accommodations to: 1) bring ground floor entrances to, and exits from, the building into compliance with applicable state and federal disability access laws; 2) inform small business tenants of the potential legal and financial liabilities for failure to comply with those laws; 3) include in any new or amended leases a provision addressing the respective obligations of the landlord and small business tenant to bring the leased premises into compliance with those access laws; 4) require the City to give priority to building permit applications for work to bring space leased to small business tenants into compliance with those access laws; and 6) adopt environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and Planning Code Section 101.1.
Recommendation: Approval with modifications of Proposed Ordinance to Board of Supervisors.
SPEAKERS: ____ Jackson - Supervisor Chiu’s Aide, Susan Besner - Mayor’s Office on Disability, David Levine, Linda Chapman
ACTION: Approved as modified by staff
AYES: Olague, Miguel, Antonini, Borden, Fong, Moore and Sugaya
MOTION: 18508
7. 2010.0256MTR (N. HRUSHOWY: (415) 558-6471)
FISHERMAN’S WHARF PUBLIC REALM PLAN - Informational Presentation on the Fisherman’s Wharf Public Realm Plan and actions to implement the Plan. The Plan includes a number of elements, including: 1) A Conceptual Design Plan for Jefferson Street improvements; 2) Conceptual designs for all other streets in Fisherman’s Wharf plan area, per the Better Streets Plan, to provide a safer and more comfortable streetscape environment that will accommodate all users, including pedestrians, motorists, and bicyclists; 3) Suggestions to reduce traffic congestion and improve wayfinding; 4) Design Guidelines for all new public and private development to improve the quality of the built form and better activate the pedestrian environment; and 5) Recommendations for new public open spaces and the refurbishment of existing public open spaces. In the future, Department staff will schedule public hearings to propose a minor amendment to the General Plan to reference the Fisherman’s Wharf Public Realm Plan, and minor amendments to the Planning Code to provide an exception to height limits that would encourage active ground-floor uses in new development and restrict adult entertainment uses in portions of the Fisherman’s Wharf area.
Preliminary Recommendation: No action requested.
SPEAKERS: None
ACTION: Informational only. No action required
8a. 2010.0948XV (R. CRAWFORD: (415) 558-6358)
527-529 STEVENSON STREET - south side between 6th and 7th Streets; Lot 012 in Assessor’s Block 3703 - Request for Determination of Compliance pursuant to Planning Code Section 309, with an exception to the requirements for Section 134, Rear Yard. The proposed project would convert a vacant 42,600 square foot, four-story industrial building to mixed-use with 67 residential units, eight off-street parking spaces, and a 210 square foot ground floor commercial space. This project is located in the C-3-G (Downtown, General Commercial) District and 120-F Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of October 20, 2011)
SPEAKERS: David Silverman, representing Project Sponsor
ACTION: Approved with conditions as modified per staff recommendations
AYES: Olague, Miguel, Antonini, Borden, Fong, Moore and Sugaya
MOTION: 18509
8b. 2010.0948XV (R. CRAWFORD: (415) 558-6358)
527-529 STEVENSON STREET - south side between 6th and 7th Streets; Lot 012 in Assessor’s Block 3703 - Request for a Variance, pursuant to Planning Code Sections 305 and 140 to allow 40 new residential units that do not face on a public street at least 25 feet in width, a Code compliant rear yard, or Code compliant open space. The proposed project would convert a vacant 42,600 square foot, four-story industrial building to mixed-use with 67 residential units, eight off-street parking spaces, and a 210 square foot ground floor commercial space. This project is located in the C-3-G (Downtown, General Commercial) District and 120-F Height and Bulk District.
(Continued from Regular Meeting of October 20, 2011)
SPEAKERS: David Silverman, representing Project Sponsor
ACTION: The Zoning Administrator closed the public hearing had stated his inclination to grant the variance
9. 2011.1046C (R. CRAWFORD: (415) 558-6350)
1401 CALIFORNIA STREET – at the southwest corner of California and Hyde Streets; Lots 001 and 020 in Assessor’s Block 0250 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 703.4, 723.21, and 723.27 to modify the existing grocery store to provide for a new grocery store (d.b.a. Trader Joe’s) and a new pharmacy store (d.b.a. CVS Pharmacy). The project would divide the existing 30,087 square-foot retail space into a 14,578 square-foot grocery store (Trader Joe’s, a formula retail use), a 10,956 square-foot pharmacy store (CVS, a formula retail use) with 24-hour operation for the CVS Pharmacy store, within the Polk Street Neighborhood Commercial District and 65-A Height and Bulk District.
Preliminary Recommendation: Approval with conditions
SPEAKERS: Dave Safen - Project Sponsor, Stephen Cornell, Michael Schoolnik, Franti Cannata, Sara James, Sally Fredericksen, Anne P. Becket, Jack Ryder, E.D. Leszczynski, Ritan Hurtado, John Nulty, Linda Chapman, Ron Case, Mihail Fechete, and Dawn Trenner
ACTION: Approved with modifications to urge the Board of Supervisors to request of ABC that they not allow the license to CVC but if they do, to limit the hours of the sale of alcohol
AYES: Olague, Miguel, Antonini, Borden, Fong
NAYES: Moore and Sugaya
MOTION: 18510
10. 2011.1177X (C. TEAGUE: (415) 575-9081)
340 Fremont Street - south side between Harrison and Folsom Streets, Lots 006-009 in Assessor’s Block 3748 - Request under Planning Code Sections 309.1, 825, and 827 for the authorization of a change in previously approved conditions of approval to extend the performance period for a previously approved project consisting of a 400-foot tall building with up to 332 dwelling units and up to 332 parking spaces within the RH DTR (Rincon Hill Downtown Residential Mixed Use) District with a 85/400-R Height and Bulk Designation.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: Project Sponsor and Sue Hestor
ACTION: Approved
AYES: Olague, Miguel, Antonini, Borden, Fong, Moore and Sugaya
MOTION: 18511
11a. 2002.1302U (M. SNYDER: (415) 575-6891)
2235 THIRD STREET IN-KIND AGREEMENT AMENDMENT – Amendment to the In-kind Agreement originally approved by the Planning Commission April 15, 2010. The Planning Commission granted a waiver to the impact fee obligation under Planning Code Section 423.3(d) (previously Planning Code Section 327.3(c)) per the City and the Project Sponsor’s “In-Kind Agreement” for the provision of a new Child Care facility at 2235 THIRD STREET. The proposal is to amend the In-Kind Agreement by removing the requirement that the operator provide infant care. The project is within the Eastern Neighborhoods Plan Area.
Preliminary Recommendation: Approval
SPEAKERS: Patrick McNerney - Project Sponsor, Stacey Bartlett
ACTION: Approved
AYES: Miguel, Borden, Fong, Moore and Sugaya
RECUSED: Antonini
ABSENT: Olague
MOTION: 18512* - (actions for both 11a & 11b are contained in the same Motion)
11b. 2002.1302U (M. SNYDER (415) 575-6891)
178 TOWNSEND STREET IN-KIND AGREEMENT AMENDMENT - Amendment to the In-kind Agreement originally approved by the Planning Commission April 15, 2010. The Planning Commission granted a waiver to the impact fee obligation under Planning Code Section 423.3(d) (previously Planning Code Section 327.3(c)) per the City and the Project Sponsor’s “In-Kind Agreement” for the provision of a new Child Care facility at 2235 THIRD STREET. The proposal is to amend the In-Kind Agreement by removing the requirement that the operator provide infant care. The project is within the Eastern Neighborhoods Plan Area.
Preliminary Recommendation: Approval
SPEAKERS: Same as Item 11a.
ACTION: Approved
AYES: Miguel, Borden, Fong, Moore and Sugaya
RECUSED: Antonini
ABSENT: Olague
MOTION: 18512* - (actions for both 11a & 11b are contained in the same Motion)
12. 2011.1209TZ (M. SNYDER (415) 575-6891)
India Basin Industrial Park Special Use District Planning Code Map and Text Amendments – Amending Zoning Map Sheet 8 SU of the San Francisco Planning Code to rezone Lots 28 through 54 of Block 5211 (commercial condominium lots located at 3450 Third Street (AKA 101-111 Quint Street)) by including them within the India Basin Industrial Park Special Use District, and amending Planning Code Section 249.42 to allow outpatient health care clinics as principally permitted uses within portions of the India Basin Special Use District where the use would be less than 15,000, and to allow such uses through Conditional Use authorization where such uses would be 15,000 square feet or greater. The proposed Ordinance is before the Commission so that it may recommend adoption, rejection, or adoption with modifications to the Board of Supervisors and adopt findings, including environmental findings and findings of consistency the General Plan and the Priority Policies of Planning Code Section 101.1. The underlying use district of PDR-2 (Heavy Production, Distribution, and Repair) and height and bulk district of 65-J is not proposed to change.
Preliminary Recommendation: Approval
SPEAKERS: Dr. Nashine Burk Harris, Katie Allbright, Helena Edward, Sharon Ameporosa, Linda Moore - Assistant District Attorney, Leona Hunter
ACTION: Approved
AYES: Olague, Miguel, Antonini, Borden, Fong, Moore and Sugaya
MOTION: 18513
13. 2010. 1013D (G. CABREROS: (415) 558-6169)
7327 GEARY BOULEVARD - south side between 37th and 38th Avenues; Lot 038 in Assessor’s Block 1507 - Mandatory Discretionary Review pursuant to Planning Code Section 317(d) of Building Permit Application No. 2010.10.07.2476 proposing a major alteration, equivalent to a de facto residential demolition of a one-story-plus-attic, single-family residence resulting in a four-story, two-unit building within the RM-1 (Residential, Mixed, Low Density) Zoning District and 40-X Height and Bulk District.
Staff Analysis: Full Discretionary Review
Preliminary Recommendation: Do not take Discretionary Review and approve
(Continued from Regular Meeting of November 17, 2011)
SPEAKERS: Mr. Santos, representing Project Sponsor
ACTION: The Commission did not take Discretionary Review and approved the project
AYES: Olague, Miguel, Antonini, Borden, Fong, Moore and Sugaya
DRA: 0248
5:00 5:40 p.m.
E. PUBLIC COMMENT ON AGENDA ITEMS WHERE THE PUBLIC HEARING HAS BEEN CLOSED
At this time, members of the public who wish to address the Commission on agenda items that have already been reviewed in a public hearing at which members of the public were allowed to testify and the public hearing has been closed, must do so at this time. Each member of the public may address the Commission for up to three minutes.
SPEAKERS: Jim Chappel, Terry Shore, John Cindery, Diane Bailey, John Arndt, Linda Shaffer, Jan Blum, Mike Savidge, Andrew Watters, Patrick Kim, Veronica Sanchez, Matt Stiker, Carol Prince, Peter Olney, John Platt, Reuben Hechanova Rebecca Evans, Paul Oliva, Vincent Casalina, Norman Pearce, Jon Gollinger, Jason Trimelo, Catherine Hooper, Fernando Costello, Frederick Alladyce, David Fazio, Aaron Peskin, Monique Moyer, John Cinderey
F. CONSIDERATION OF FINDINGS AND FINAL ACTION – PUBLIC HEARING CLOSED
14. 2010.0493E (J. NAVARRETE: (415) 575-9040)
The 34th America’s Cup and James R. Herman Cruise Terminal and Northeast Wharf Plaza Projects FINAL Environmental Impact Report - Certification of the Final Environmental Impact Report: The City and County of San Francisco (CCSF) and the America’s Cup Event Authority propose to host the 34th America’s Cup (AC34) sailing races in San Francisco Bay in 2012 and in 2013. Venues proposed for the AC34 events are piers, water areas, and facilities managed by the Port of San Francisco (Port) including: Piers (Piers 19, 19½, 23, 27-29½, 26, 28, 30-32, and 80), water basins/water areas (Piers 19-23, 23-27, 29‑31, 14-22½, 26‑28, 28-30, and 32-36), and Seawall Lot 330. Various other venues are proposed for spectator‑related activities, some of which are under the jurisdiction of other City, state or federal agencies, including Crissy Field, Marina Green, Fort Mason, Aquatic Park, Alcatraz Island, Fort Baker Pier at Cavallo Point (near Sausalito), SF Civic Center, Union Square, and Justin Herman Plaza. The event venues would include team bases and operations, support space, media operations, hospitality services, commercial space, entertainment and spectator areas, and temporary berthing and mooring facilities for race-related and spectator vessels. The Port proposes the development of Pier 27 as the James R. Herman Cruise Terminal and Northeast Wharf Plaza, which would be phased to allow America’s Cup Village uses at Piers 27-29, including an initial phase of the cruise terminal building, for the 2013 AC34. The Cruise Terminal project would involve demolition of the existing Pier 27 shed, a portion of the Pier 29 shed, and Pier 27 Annex Building, and construction of a 91,200 square foot, two-story cruise terminal building along Pier 27. The Northeast Wharf Plaza would provide a 2½-acre open space at the south end of Pier 27, fronting along The Embarcadero promenade including a multi-use recreational space and ancillary structures for commercial and recreational services.
Please note: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on August 25, 2011. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission during a specific Public Comment category of the Commission calendar.
Preliminary Recommendation: Certify the Final EIR
SPEAKERS: None
ACTION: Approved certification of the final EIR
AYES: Olague, Miguel, Antonini, Borden, and Moore
RECUSED: Fong and Sugaya
MOTION: 18514
G. COMMISSIONERS’ QUESTIONS AND MATTERS
15. 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.
None
H. DIRECTOR’S REPORT
16. Director’s Announcements
None
17. Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.
None
I. 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: 7:22 PM
Adopted: January 12, 2012
