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SAN FRANCISCO
PLANNING COMMISSION
Meeting Minutes
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, April 5, 2012
3:00 PM
Regular Meeting
COMMISSIONERS PRESENT: Fong, Wu, Antonini, Borden, Miguel, Moore, Sugaya
THE MEETING WAS CALLED TO ORDER BY PRESIDENT FONG AT 4:40 P.M.
STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Scott Sanchez - Zoning Administrator, Sharon Lai, Rick Crawford, Diego Sanchez, Ben Fu, Christina Lamorena, Glenn Cabreros, 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. 2011.1381TZ (S. HAYWARD: (415) 558-6372)
Amendments to the Planning Code, adding new Section 249.66 to establish the Art and Design Special Use District at 1111 Eighth Street [Board File No. 11-1278]. The Commission will consider a proposed Ordinance introduced by Supervisor Cohen adding Planning Code Section 249.66 to establish the Art and Design Special Use District at 1111 Eighth Street to facilitate the continued operation of the California College of the Arts and provide a regulatory scheme for a potential future phased expansion of the campus; and adopting findings, including 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
(Proposed for Indefinite Continuance)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Fong, Wu, Antonini, Borden, Miguel, Moore, Sugaya
2. 2011.0397T (S. Hayward: (415) 558-6372)
INTENT TO INITIATE DEPARTMENT-SPONSORED PLANNING CODE AMENDMENTS RELATED TO BICYCLE PARKING REQUIREMENTS - Pursuant to Planning Code Section 302, the Planning Commission will consider a Resolution of Intent to initiate amendments to the Planning Code. The amendments are intended to consolidate and clarify definitions, design standards, and requirements for bicycle parking. Planning Code sections proposed for amendment include Sections 150, 155.1, 155.2, 155.3, 155.4, and 155.
Preliminary Recommendation: Approve a draft Resolution of Intent to Initiate Amendments to the Planning Code and schedule a public hearing to consider the amendments.
(Continued from Regular Meeting of March 15, 2012)
(Proposed for Indefinite Continuance)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Fong, Wu, Antonini, Borden, Miguel, Moore, Sugaya
3. 2011.0532T (A. STARR: (415) 558-6362)
Uses, Signs, Building Features, Floor Area Ratio, Parking, and Compliance in Specified Use Districts - The Commission will consider a proposed Ordinance [BF 110548] amending the San Francisco Planning Code by repealing Sections 136.2, 136.3, 158, 187, 249.15, 263.2, 263.3, 602.25, 602.26, 607.3 and 607.4 and amending various other Code sections to as well as additional recommendations by Planning staff. Specifically, the proposed Ordinance would (1) increase the amount of principally permitted parking spaces for dwellings in RC-4 and C-3 Districts; (2) make off-street parking requirements in the Van Ness Special Use District and RC-3 Districts consistent with those of RC-4 Districts; (3) eliminate minimum parking requirements for the Chinatown Mixed Use Districts and North Beach Neighborhood Commercial Districts; (4) allow exceptions from required parking under specified circumstances; (5) amend the restrictions on off-street parking rates and extend them to additional zoning districts, (6) revise sign, awning, canopy and marquee controls in specified zoning districts; (7) increase the permitted use size for limited corner commercial uses in RTO and RM districts, and allow reactivation of lapsed limited commercial uses in R districts; (8) revise the boundaries of and modify parking and screening requirements in the Washington-Broadway and Waterfront Special Use Districts; (9) modify controls for uses and accessory uses in Commercial and Residential-Commercial Districts; (10) permit certain exceptions from exposure and open space requirements for historic buildings; and (11) modify conformity requirements in various use districts; 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.
(Continued from Regular Meeting of March 1, 2012)
NOTE: On October 20, 2011, although informational only and no action was required, the Commission continued this item to 12/15/11
NOTE: On December 15, 2011, following public testimony, the Commission continued the matter to 2/9/12 by a vote of (+7 -0).
NOTE: On February 9, 2012, following public testimony, the Commission continued the matter to 3/1/12 by a vote of (+6 -0).
NOTE: On March 1, 2012, following public testimony, the Commission continued the matter to 4/5/12 by a vote of (+7 -0)
(Proposed for Continuance to April 19, 2012)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Fong, Wu, Antonini, Borden, Miguel, Moore, Sugaya
4. 2011.1420C (E. Watty: (415) 558-6620)
1266 – 9TH AVENUE - east side between Lincoln Way and Irving Street; Lot 043 in Assessor’s Block 1742 – Request for Conditional Use Authorization, pursuant to Planning Code Sections 303(c), 303(i), 703.4, and 730.42, to allow a formula retail full-service restaurant (d.b.a La Boulange) within the Inner Sunset Neighborhood Commercial District (NCD) Zoning District and 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Proposed for Continuance to April 19, 2012)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Fong, Wu, Antonini, Borden, Miguel, Moore, 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
5. 2011.0605C (S. Lai: (415) 575-9087)
2199 Market Street - east side between 15th and Sanchez Streets; Lot 036 in Assessor’s Block 3558 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303(i) and 703.4 to convert a vacant commercial space into a formula retail use at the ground floor, (d.b.a. Verizon Wireless – Wireless Store/Premium Retailer) within the Upper Market NCT (Neighborhood Commercial Transit) Zoning District and 50-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: Michael Williams, Paul Garcia, Rashed Rashed, Andrew Torralba, Erik Honda
ACTION: Approve with encouragement to Project Sponsor to continue working with the neighborhood group
AYES: Fong, Wu, Antonini, Borden, Miguel, Moore, Sugaya
MOTION: 18561
C. COMMISSIONERS’ QUESTIONS AND MATTERS
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.
Commissioner Sugaya:
I'd like to have staff or whomever consider bringing notification when the department receives legislation from the Board of Supervisors for our consideration. That is not -- what I mean by that is that I assume that the Clerk and the Board transmits legislation to be considered by the Board.
It is not brought to the Commission until another date, I'd like to have a memo or something that says this piece of legislation has arrived at the Department. I mean the ones that will eventually end up on our agenda, not just the inquiries that come from the Board.
Commissioner Miguel:
During the past week, I met with people regarding the Baker Street project before us. Also, at the request of President Fong I have been participating as his designee to the Arts Commission, or more particularly at the Civic Design Review Committee. We just finished work on the two large bathrooms in the Mission District, Dolores Park. It is amazing that being a civic building it doesn't come to us. The Arts Commission is doing everything that the Planning Department would normally do, and I think they do a relatively good job. I think a little more involvement with the Department would ease things along. I will work on that in the next month or so.
C. DIRECTOR’S REPORT
7. Director’s Announcements
None
8. Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.
BOARD OF SUPERVISORS:
LAND USE COMMITTEE:
- Eating & Drinking Establishments. Commissioners, this is the Ordinance that began over a year ago with some modest changes of the use size allowance to restaurants and video store controls. When you heard about this ordinance, you encouraged staff to go bold. At your hearing last fall, you unanimously recommended downsizing from the current maze of 13 definitions for eating & drinking establishments to two types of restaurants and one bar definition. You also recommended generally allowing the “limited restaurant” to be permitted as-of-right and incorporating some tailored controls for certain neighborhoods. Since your recommendation, the Ordinance has been sponsored by Supervisor Wiener and co-sponsored by Supervisors Carmen Chu and Christina Olague. Together, the Supervisors and the Department have continued to provide outreach by circulating the exceptional video by Aaron Starr (now with over 34,000 views), producing fact sheets in English and Chinese and attending additional neighborhood meetings. This week has been busy. The proposed legislation received a great deal of press. It has been featured in the SF Examiner, the Chronicle, the Huffington Post and even the Wall Street Journal. The Chronicle even wrote an editorial supporting the proposed legislation. This week in Committee Supervisor Wiener introduced additional amendments. The Ordinance now:
- Includes a consolidated section for the operating conditions, thereby eliminating the need to duplicate the same text for all three definitions;
- Makes additional specific controls for North Beach that limit the potential for restaurants & bars to displace “neighborhood severing retail sales & services”;
- Makes formula retail restaurants on Broadway prohibited;
- Makes limited restaurants permitted in all Chinatown districts per a community request;
- Perhaps the biggest change is a change to the way restaurants may be entitled to serve liquor. Historically, the Code has required that if a restaurant also serves liquor it would need to be entitled as both a “bar” and a “restaurant”. In response to a request from a North Beach neighbor, the Ordinance has been amended to require that all restaurants serving liquor to be bona-fide—meaning that the majority of their sales come from food. As part of this change, the land use entitlements were also made to better align with the ABC liquor license types. This allows us to now entitle a restaurant with liquor sales solely as a restaurant and not as both a bar & a restaurant.
The changes require that the Ordinance will be heard again, next Monday at Committee.
FULL BOARD OF SUPERVISORS:
§ EN Legitimization extension - This Ordinance was introduced by Supervisor Cohen. It would extend the period of time which property owners of nonconforming uses in the Eastern Neighborhoods, who are operating without proper permits, can submit applications to legalize their uses. You considered this Ordinance on February 23. At that time you requested 2 modifications:
- Extend the deadline for submitting requests for amnesty by six months, instead of 90 days.
- Establish a 90-day timeline by which the legitimization process should proceed with deliberation after a determination of eligibility.
In response to the Commission’s request, Supervisor Cohen modified the Ordinance per your request but extended the deadline slightly longer to November 12, 2012. This week the Board passed the Ordinance on first reading.
· Public Art Fee. This Ordinance is sponsored by Mayor Lee and Board President Chiu. It would amend the public art requirement to allow certain projects to pay into a new fund instead of providing on-site art. The Planning Commission considered the ordinance on October 27. At that time you made a number of recommendations which could be summarized into three issues:
1. Ensuring the continued production of permanent, monumental art is balanced with the new possibility of ephemeral art.
2. Updating the requirement so that it applies to all large development, not just that within the C-3.
3. Ensuring that public open spaces are activated and identified as public with physical works of art.
Since the Commission action, the Board President and the Mayor’s Office have conducted further outreach with interested parties and developers. The Ordinance has been amended to address the Commission’s concerns and to expand the Art Requirement beyond the C-3 district. Supervisor Chiu has introduced amendments that would apply the requirement to non-residential projects over 25,000sf and that have submitted their first complete Development Application on or after January 1, 2013. This expansion would apply to:
(1) all parcels in RH-DTR, TB-DTR, SB-DTR, SLI, SLR, SSO, C-M, and UMU Districts;
(2) properties that are zoned MUG, MOU, or MUR and that are north of Division/Duboce/13th Streets; and
(3) all parcels zoned C-2 except for those on Blocks 4991 (Executive Park) and 7295 (Stonestown Galleria Mall).
This week the Board approved the Ordinance on First Reading.
§ Appeal of Conditional Use Authorization of 1111 California (Masonic Center). You may remember that in 2010, the Board unanimously upheld the Commission’s authorization for a slight expansion of the Masonic Center’s use. After the Board approved the first CU for a slight, the neighborhood group filed lawsuit. The court decision resulted in our Department needing to do additional CEQA work prior to the City reconsidering the expansion. While we're completing the CEQA review for the expansion, the Masonic Center needed a new CU to continue their existing use. This January this Commission again approved a CU—this CU—just for the continuation of the use. It is this authorization of continuance of the historic use that was appealed. While CEQA and other concerns were raised, the primary issue raised by the appellants was the number of events that should be allowed. Prior to the hearing, the project sponsor and appellants representing the Nob Hill Coalition reached an agreement to reduce the permitted events from the number authorized by the Commission (68 live/219 non-live events), to the average number of events held at the Center in recent years (54 live/176 non-live). The appellants representing the Nob Hill Association did not concur with this agreement. At this Tuesday’s appeal, the Board reversed the Commission’s CU and re-authorized a new CU with an additional condition that limited the number of events to that agreed upon by most parties.
BOARD OF APPEALS:
No Report
HISTORIC PRESERVATION COMMISSION:
On behalf of the Planning Department, there are a couple of items I would like to share with you from yesterday's Historic Preservation Commission hearing. They voted to disapprove the initiation of the Gold Dust Lounge as a City Landmark. The HPC was appreciative and overwhelmed by the community support surrounding the potential landmark designation. They unanimously agreed to send a letter to the Board of Supervisors recognizing that while the criteria they use does not compel them to support the initiation, it is clear that the Gold Dust Lounge deserves recognition as a local institution. The HPC also provided a review and comment in support of the proposed listing of 527 7th Street, a light industrial design property. The property owners are seeking a listing of the building in order to take advantage of Section 8. The Commission might be familiar with the Planning Commission’s flexibility of permitted uses to support the economic viability of the City's historic resources. This property will likely come before you at a future hearing. Finally, they began their review of a Request for Appropriateness of the Veterans Building. It is in the landmark district, but because of a notice error, they continue this item to the June 6 hearing.
9. 2012.0052I (R. Crawford: (415) 558-6358)
1 BEACH STREET - south side between Grant Avenue and Stockton Lot 001 in Assessor’s Block 0018 - Notification by the Zoning Administrator of filing of an Institutional Master Plan for Alliant International University. Pursuant to Planning Code Section 304.5, the Planning Commission must hold a public hearing upon receiving a completed Institutional Master Plan. This public hearing is for receipt of public testimony only; receipt of this Institutional Master Plan does not constitute acceptance or approval of any proposed project contained therein.
Preliminary Recommendation: No Action Required
SPEAKERS: None
ACTION: Following the opening of the public hearing, the President closed the public hearing thus accepting the Institutional Master Plan for Alliant International University with any further 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.
None
E. REGULAR CALENDAR
10. 2011.0410C (R. Crawford: (415) 558-6358)
2242 POLK STREET - southwest corner of Polk and Green Streets; Lot 015 in Assessor’s Block 0549 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, and 723.83 for a proposed wireless telecommunications service facility operated by AT&T Mobility - The facility would consist of nine roof-mounted panel antennas and associated equipment located on the roof. The facility is proposed on a Location Preference 6 Site (Preferred Location – Limited Preference Site) within the Polk Street Neighborhood Commercial District and 65-A Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: Michael Ressof; Mark Blackman, AT&T representative
ACTION: Approved
AYES: Fong, Wu, Antonini, Borden, Miguel, Moore, Sugaya
MOTION: 18562
11. 2012.0182D (D. SANCHEZ: (415) 575-9082)
501 CONNECTICUT – southeast corner of 20th and Connecticut Streets; Lot 030B in Assessor’s Block 4100 – Request for Discretionary Review of Building Permit Application No. 2011.11.23.9519, proposing conversion of an existing ground floor eating and drinking use to an approximately 1,200 square foot Other Large Institution, Child Care (d.b.a. Little LYNC) use providing less than 24 hour care for 13 or more children within an NC-2 (Small Scale Neighborhood Commercial) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do Not Take Discretionary Review and Approve
SPEAKERS: Kauren Hudiburgh, Mauri Schwartz, Richard Millet, Allan Ransky, Joe Boss, Gretchen Taylor, Bill Weisberg, Dana Merek, Timberly Hughes, Manny Flores, Tony Kelley, Marge Forte, Matsud Matsaffi, Frank Gillson, Lester Simon, July Ease, Project Sponsor, Machell Menendez, Mathew Burt, Katty Clemms, Tod Bishop, Keith Goldstein, Chris Lawson,
ACTION: The Commission did not take Discretionary Review and Approved the project
AYES: Fong, Wu, Antonini, Borden, Moore, Sugaya
NAYES: Miguel
DRA: 0267
12a. 2011.0304DV (B. FU: (415) 558-6613)
147 ANDOVER STREET - east side between Powhattan and Eugenia Avenues; Lots 024 in Assessor’s Block 5647 - Request of Discretionary Review of Building Permit Application No. 2010.10.21.3547, proposing to (1) remodel the interior, (2) raise the roof at the rear by 3’-0” in height, (3) legalize the reconstruction of the rear most 8’-0” of the existing building, and (4) construct a new rear deck and stair on the existing single-family dwelling in a RH-1 (Residential, House – One-Family) District and the Bernal Heights Special Use District with a 40-X Height and Bulk Designation.
Staff Analysis: Abbreviated Discretionary Review
Preliminary Recommendation: Do Not Take Discretionary Review and Approve Project as Proposed.
(Continued from Regular Meeting of March 8, 2012)
SPEAKERS: Steve Williams, representing DR requestor; Robin Barnett; Elliott Gallagher; Nancy Wecker; Lisa Winneberg; Robin Bason; Fred Horsefield; Carl Bason
ACTION: The Commission took Discretionary Review and approved the project with modifications: leave the ground floor foundation as is; 22 inch setback on the second level; staff to make sure the front ridge line addresses the commission concerns
AYES: Fong, Wu, Antonini, Borden, Miguel, Moore, Sugaya
DRA: 0268
12b. 2011.0304DV (B. FU: (415) 558-6613)
147 Andover Street - east side between Powhattan and Eugenia Avenues; Lots 024 in Assessor’s Block 5647 - Request for Rear Yard Variance pursuant to Planning Code Section 242(e)(2) , proposing to raise the roof at the rear by 3’-0” in height and construct a new rear deck and stair on the existing single-family dwelling in a RH-1 (Residential, House–One-Family) District and the Bernal Heights Special Use District with a 40-X Height and Bulk Designation.
(Continued from Regular Meeting of March 8, 2012)
SPEAKERS: Same as Item 12a.
ACTION: Zoning Administrator closed public hearing and stated his inclination to grant variance with conditions that take into account the commission’s imposed conditions.
13. 2011.1298D C. LAMORENA: (415) 575-9085)
2347-2351 Bay Street - south side between Baker and Broderick Streets; Lot 035 in Assessor's Block 0926 - Mandatory Discretionary Review pursuant to Planning Code Section 317, requiring review of Loss of Residential Units Through Merger, of Building Permit Application No. 2011.12.02.9973 proposing to merge two of the residential units into one unit, changing the building's unit count from three units to two units within the RH-3 (Residential, House, Three-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: Project Architect
ACTION: The Commission took Discretionary Review and approved with removal of windows
AYES: Fong, Antonini, Borden, Miguel
NAYES: Moore, Sugaya, Wu
DRA: 0269
14a. 2011.0221D (G. CABREROS: (415) 558-6169)
551 - 22ND AVENUE - west side between Anza and Balboa Streets: Lot 006A in Assessor’s Block 1565 - Mandatory Discretionary Review, pursuant to Planning Code Section 317(d), of Demolition Permit Application No. 2010.12.02.5977, proposing to demolish a two-story, single-family dwelling 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: Christian Fong, Project Architect
ACTION: The Commission did not take Discretionary Review and approved the demolition and new construction permits together
AYES: Fong, Wu, Antonini, Borden, Miguel, Moore, Sugaya
DRA: 0270
14b. 2011.1438D (G. CABREROS: (415) 558-6169)
551 - 22ND AVENUE - west side between Anza and Balboa Streets: Lot 006A in Assessor’s Block 1565 - Mandatory Discretionary Review, pursuant to Planning Code Section 317(d), of Building Permit Application No. 2010.12.02.5978, proposing to construct a new three-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: Christian Fong, Project Architect
ACTION: The Commission did not take Discretionary Review and approved the new construction and the demolition permits together
AYES: Fong, Wu, Antonini, Borden, Miguel, Moore, Sugaya
DRA: 0270
15. 2012.0102D (G. CABREROS: (415) 558-6169)
4324 Anza Street - north side between 34th and 35th Avenues; Lot 022 in Assessor’s Block 1510 - Request for Discretionary Review of Building Permit Application No. 2011.01.11.8224, proposing to construct a rear horizontal addition and a vertical addition to the existing two-story, single-family dwelling resulting in a three-story, two-unit building within the RH-2 Zoning District and 40-X Height and Bulk District.
Staff Analysis: Abbreviated Discretionary Review
Preliminary Recommendation: Do not take Discretionary Review and approve
SPEAKERS: Boris, DR Requestor; Representative of the Project Sponsor
ACTION: The Commission did not take Discretionary Review and approved the project encouraging the project sponsor to work with staff on design
AYES: Fong, Wu, Antonini, Borden, Miguel, Moore, Sugaya
DRA: 0271
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))
None
Adjournment: 8:41 PM
Adopted: May 17, 2012
