SAN FRANCISCO
PLANNING COMMISSION
Meeting Minutes
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, September 13, 2012
12:00 PM
Regular Meeting
COMMISSIONERS PRESENT: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
THE MEETING WAS CALLED TO ORDER BY PRESIDENT FONG AT 12:10 PM.
STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Scott Sanchez – Zoning Administrator, Diego Sanchez, Pilar LaValley, Neil Hrushowy, Britany Bendix, Aaron Starr and Linda Avery – Commission Secretary.
A. CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE
The Commission will consider a request for continuance to a later date. The Commission may choose to continue the item to the date proposed below, to continue the item to another date, or to hear the item on this calendar.
1. 2012.0371B (D. SÁNCHEZ: (415) 575-9082)
100 POTRERO AVENUE - southwest corner of Alameda Street and Potrero Avenue, Lot 001 in Assessor's Block 3920 - Request for Office Development Authorization pursuant to Planning Code Sections 179.1 and 321 to establish 70,070 gross square feet of office use under the Eastern Neighborhoods Legitimization Program in the PDR-1-G (Production, Distribution, Repair - General) District and 58-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Proposed for Continuance to September 20, 2012)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
2. 2011.0277C (M. WOODS: (415) 558-6315)
2750 JACKSON STREET - northwest corner at Scott Street; Lot 018 in Assessor’s Block 0978 - Request for Conditional Use Authorization pursuant to Planning Code Sections 209.3(g), 209.9(b), 303 and 304 to authorize a Planned Unit Development to allow the expansion of a private elementary and middle school (Town School for Boys), consisting of excavation for a new multi-purpose room and the renovation of existing facilities, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. The project requires modifications to the rear yard and parking requirements of the Planning Code.
Preliminary Recommendation: Pending
(Proposed for Continuance to September 20, 2012)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
3. 2012.0822C (C. Lamorena: (415) 575-9085)
1865 POST STREET - south side between Fillmore and Webster Streets; Lot 002 in Assessor’s Block 0701 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 249.31, 303, and 712.48, to add a new use size in excess of 4,000 square feet as an “Other Entertainment” use to an existing restaurant (d.b.a. Pa’ina Lounge and Restaurant) within the NC-3 (Neighborhood Commercial, Moderate-Scale) Zoning District, Japantown Special Use District, and 50-X Height and Bulk District. The proposal would add live and amplified music during the restaurant’s evening operating hours.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of August 16, 2012)
(Proposed for Continuance to September 20, 2012 October 25, 2012)
SPEAKERS: None
ACTION: Continued as corrected
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
4. 2012.0082DD (G. CABREROS: (415) 558-6169)
1856 PACIFIC AVENUE - north side between Franklin and Gough Streets; Lot 011 in Assessor’s Block 0576 - Requests for Discretionary Review of Building Permit Application No. 2010.03.29.9153 proposing to redesign the existing front façade and to construct one additional floor onto the existing four-story, 11-unit building within the RM-3 (Residential, Mixed, Medium Density) Zoning District and an 80-X Height and Bulk District.
Preliminary Recommendation: Pending
(Proposed for Continuance to October 25, 2012)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Fong, Wu, Antonini, Borden, Hillis, 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. 2011.1049B (D. SÁNCHEZ: (415) 575-9082)
1098 HARRISON STREET - north side of Harrison Street between 7th and Sherman Streets, Lot 017 in Assessor's Block 3754 - Request for Office Development Authorization pursuant to Planning Code Sections 179.1 and 321 to establish 42,039 gross square feet of office use under the Eastern Neighborhoods Legitimization Program in the MUG (Mixed Use General) District and 65-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: None
ACTION: Approved
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
MOTION: 18700
6. 2012.0953C (D. SÁNCHEZ: (415) 575-9082)
1195 EVANS AVENUE - southeast corner of Evans Avenue and Keith Street; Lot 016 in Assessor’s Block 4602A - Request for Conditional Use Authorization pursuant to Planning Code Sections 226(h) and 303 to expand an existing brewery (d.b.a. Speakeasy Ales and Lagers) 4,635 square feet into an adjacent warehouse space within the PDR-2 (Core Production Distribution and Repair) District and 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: None
ACTION: Approved
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
MOTION: 18701
7a. 2012.0358CV (P. LaValley: (415) 575-9084)
180 JONES STREET/181 TURK STREET - southeast corner of Jones and Turk Streets, Assessor's Block 0343, Lot 014 - Request for an amendment to the conditions of approval for a previously approved Conditional Use Authorization under Planning Code Sections 161(h), 253, and 303. The proposal would amend the conditions of approval to extend the performance period for an additional three years for a previously approved project (Case No. 2005.0267CV, Motion No. 17838) to demolish an existing surface parking lot and construct an 8-story, mixed-use development containing up to 37 residential units, approximately 2,700 square feet of ground floor retail space, and a reduction in required off-street parking for a total of 8 off-street parking spaces. The amendment proposes no changes to the design or intensity of the project as originally approved. The Zoning Administrator will hear a related request for extension of a previously approved exposure variance and rear yard modification. The subject property is within the Uptown Tenderloin National Register District, the RC-4 (Residential-Commercial, High Density) District, the North of Market Special Use District, Subarea #1, and an 80-120-T Height and Bulk District.
Preliminary Recommendation: Approve with Conditions
SPEAKERS: None
ACTION: Approved
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
MOTION: 18702
7b. 2012.0358CV (P. LAVALLEY: (415) 575-9084)
180 JONES STREET/181 TURK STREET - southeast corner of Jones and Turk Streets, Assessor's Block 0343, Lot 014 - Request for three year time extension of Variances for previously approved project from dwelling-unit exposure requirements of Planning Code Section 140 and for a rear yard modification pursuant to Planning Code Section 134(f)(1). The previously approved project is to demolish an existing surface parking lot and construct an 8-story, mixed-use development containing up to 37 residential units, approximately 2,700 square feet of ground floor retail space, and up to 8 off-street parking spaces. The amendment proposes no changes to the design or intensity of the project as originally approved. The subject property is within the Uptown Tenderloin National Register District, the RC-4 (Residential-Commercial, High Density) District, the North of Market Special Use District, Subarea #1, and an 80-120-T Height and Bulk District.
SPEAKERS: None
ACTION: The Zoning Administrator closed the public hearing and stated his inclination to grant the extension of the variances
C. COMMISSIONERS’ QUESTIONS AND MATTERS
8. Commission Comments/Questions
· Inquiries/Announcements. Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).
· Future Meetings/Agendas. At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.
Commissioner Antonini:
Yesterday, the Joint Subcommittee of the Historic Preservation and Planning Commissions met and discussed an issue regarding classification of the position, which we can't talk about the details of, but we did have commentary from some of the members of the Department of Human Resources. The meeting was held in response to their earlier correspondence with us. Now they will reconsider and respond to us in another week in writing in regards to this meeting and other things they've considered. The next meeting of the Subcommittee will occur on Tuesday, September 27. Commissioners Moore and Borden were in attendance and may have comments in regards to the meeting, in addition to what I have said.
Commissioner Borden:
I will just say that as a consequence, just so people -- the public knows, we have not noticed the position yet for the Commission Secretary. So we are working with the Department of Human Resources to get closure on the process that we're going through so that we can actually post the position and hopefully we will find a replacement by the year end..
Commissioner Antonini:
I did have one other item to mention: in the press there was mention of a proposal that is to come to the Board of Supervisors. One would assume it will also be heard in our hearings. The proposal is by Supervisor Wiener and jointly proposed by Board President David Chiu that would allow projects in the future to have car share units that would not be counted against their allowed residential parking ratio. I think this is a great idea because it allows the best of two worlds and makes projects more viable. Anyway, we'll see which direction this goes in, but I was happy to hear about that, and I think it's really going to help to encourage the provision of more car share spaces and projects that may come before us.
Commissioner Sugaya
The process to find a new secretary has sort of dragged on a bit. Do we know Linda's current plans?
Commissioner Borden:
Commission Secretary said yesterday that even though her date to retire was technically this Friday that she's currently extended it to October 31, but I don't know what her position is beyond that point.
Commissioner Moore:
It is fair to say she has been supportive of the process and has taken stewardship leading us to find the right person and create the transition by which this will occur in a smooth and good way.
D. DIRECTOR’S REPORT
9. Director’s Announcements
Director Rahaim:
Actually, I don't have much to report today except to tell you I'll be out of the office for a few days for a family gathering from tomorrow until next Wednesday. Bill Wycko will be in charge of the Department in my absence.
10. Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.
BOARD OF SUPERVISORS:
LAND USE COMMITTEE:
- TIDF. The Planning Commission heard the TIDF Update ordinance on July 19, 2012 The Planning Commission recommended approval of the ordinance with modifications Specifically, the Commission recommended:
- Introducing a Policy Credits program for non-formula retail small businesses occupying existing vacant space up to 5,000 gsf and for project building less than the maximum allowed parking
- Allowing those two types of projects to receive a fee waiver up to 100% of the fee, under the Policy Credits program
- Implementing a grandfathering period through the end of calendar year 2013 for specific projects not currently subject to TIDF (non-profit and institutional uses, automotive services, wholesale storage of materials and equipment), which would be subject to the revised TIDF
- Retaining the five-year timeframe for inactive uses
- Providing the SFMTA with collection and appeal procedures and authority; and
- Clarifying that the accessory use provision excludes uses accessory to residential
Mayor Lee introduced substitute legislation on September 4, 2012, which included all of the recommendations made by the Planning Commission and which clarified that the SFMTA collects and enforces the TIDF in those cases where a certificate of occupancy for a project has already been issued. (If a CFO has not been issued, DBI collects and enforces.) Supervisors Wiener and Olague co-sponsored the substitute legislation. This week the LU Committee heard staff from the Small Business Commission and the SFMTA spoke in support of the ordinance, as did a representative of PDR uses who had also spoken at the Planning Commission’s hearing on the item. The Committee recommended approval.
- Car Wash. The Land Use Commission heard Supervisors Olague’s proposed ordinance that would allow existing gas stations along 19th Avenue of a certain size to add automated car washes. The Commission voted 6-0 to recommend approval with modifications to the Board of Supervisors. The Planning Commission voted to recommend that the Ordinance be amended to ensure that a lot merger or lot assembly is not included in the project.
Supervisor Olague did not include this modification in the Ordinance. She felt that the CU process was sufficient to ensure that the car washes were compatible with the character of the neighborhood and that the proposed modification wasn’t necessary. The Land use committee then recommended approval.
FULL BOARD OF SUPERVISORS:
- Chinese Hospital. Committee heard two Ordinances related to the demolition of the existing Chinese Hospital and a project that would rebuild the Medical Office Building, as a 110 ‘ facility with 54 acute-care beds, and a 22-skilled beds. The Commission recommended approval of these Ordinances on July 12. This week the Board approved the Ordinances on FINAL reading.
- 120888 [Approval of a 90-Day Extension for Planning Commission Review of Rezoning of 1111 Eighth Street (File No. 111278)]
INTRODUCTIONS:
- 120902 Upper Market Zoning Map Amendment. Ordinance amending the San Francisco Planning Code by amending Sectional Map Sheets ZN07 and HT07 to change the use classification of specified lots on Block 2623 and Blocks 3561 through 3565, now in the Upper Market Neighborhood Commercial District to the Upper Market Neighborhood Commercial Transit District and to change the height and bulk classification of Block 3563, Lot 034 from 50-X to 65-B; adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Wiener.
- 120917 Hearing - Urban Forest Maintenance and Funding. Hearing calling on various City agencies, including the Department of Public Works, Recreation and Parks Department, and Planning Department to discuss the condition of the City's street trees and park trees, including current plans for street tree maintenance relinquishment by the Department of Public Works. This hearing will also discuss the draft Urban Forest Master Plan and will consider various funding options for street tree and park tree maintenance. Wiener.
- 120901 Upper Market Zoning. Ordinance amending the San Francisco Planning Code by amending Sections 721.1 and 733.1 to modify the explanation of the boundaries of the Upper Market Street Neighborhood Commercial District and the Upper Market Street Neighborhood Commercial Transit District, and 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. Wiener.
- 120900 Car Share Parking Spaces. Ordinance amending the San Francisco Planning Code by amending Section 166 to 1) authorize owners of projects with residential units to elect to provide additional parking spaces for car-share use which will not count against any parking maximums; 2) allow the car-share spaces to be used for other permitted uses other than parking a motorized vehicle if a car-share organization chooses not to use the space; 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. Wiener.
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BOARD OF APPEALS:
Beach Chalet:
Rehearing request for the Board’s action to deny the appeal of the Planning Commission’s approval of a Local Coastal Zone Permit for the Beach Chalet Athletic Fields. The Appellant argued that the Board should grant a rehearing because of new information. The Appellant also provided arguments related to the Project’s EIR. The Department noted two points: 1) that this information had been presented to the Board of Appeals at the August 1, 2012 hearing and 2) that the Appellant had not requested a rescheduling or continuance at that time. The Board voted unanimously to deny the rehearing request.
4218 Mission Street:
Appeal of a building permit application for “soft demo” without any change in use. This property is also the future site of an MCD (Green Cross) which was approved by the Planning Commission in February 2012. However, the change of use permit is still under review by other City agencies and has not been issued. The Department noted that the permit on appeal does not change the use of the property to an MCD. The Appellant continued with arguments as to why an MCD should not be located at this property. After several hours of public comment from individuals both in support of and opposition to the MCD, the Board voted to deny the appeal and approve the permit because the permit does not authorize an MCD. The Appellant indicated that they will file an appeal on the permit which authorized the change the use to an MCD when it is issued by the City.
HISTORIC PRESERVATION COMMISSION:
No meeting
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.
SPEAKER(S): Chris Leflers
F. REGULAR CALENDAR
11. (N. HRUSHOWY: (415) 558-6471)
BETTER MARKET STREET - Informational presentation - The Better Market Street (BMS) Project is a multiagency effort that will redesign Market Street from The Embarcadero to Octavia Boulevard. Led by the Department of Public Works (DPW), the team includes the Planning Department as the urban design lead and the Municipal Transportation Agency as the transportation lead. The Transportation Authority administers the consultant contract and advises on transportation. The Office of Economic and Workforce Development coordinates parallel efforts to revitalize Central Market Street. DPW will provide an informational presentation on the project, including its goals, early concepts and next steps.
Preliminary Recommendation: None required; informational presentation only.
SPEAKERS: Ron Miguel and Dino Adelfio
ACTION: Information only. No action required
12. 2012.0561C (B. BENDIX: (415) 575-9114)
901 VALENCIA STREET - northeast corner of the intersection of Valencia and 20th Streets, Lot 042 in Assessor’s Block 3609 - Request for Conditional Use Authorization under Planning Code Section 726.48 to establish an entertainment use as part of the existing restaurant use (d.b.a. La Rondalla). The proposal does not include any increase to the existing building envelope or changes to the façade. The project is within the Valencia Street Neighborhood Commercial Transit Zoning District and a 50-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: Marsha Garland, Carlos Barillos, Beatrice Barillos, Esperanza Barillos, Carl Hitlz, Dan Allard
ACTION: Approved
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
MOTION: 18703
13. 2011.1050DD (A. STARR: (415) 558-6362)
2807 CLAY STREET - south side between Divisadero and Scott Streets; Lot 036 in Assessor's Block 1003 - Requests for Discretionary Review of Building Permit Application No. 2011.02.04.9665 proposing to extend the existing first and second floors approximately 29 feet to the rear and construct a one-story vertical addition that will be set back approximately 23.5 feet from the front bay window and extend to the new rear wall of the first and second floors of the two-story, two-unit building within the RH-3 (Residential, House, Three-Family) Zoning District and 40-X Height and Bulk District.
Staff Analysis: Abbreviated Discretionary Review
Preliminary Recommendation: Do not take Discretionary Review and approve
(Continued from Regular Meeting of August 16, 2012)
SPEAKERS: None
ACTION: Without a hearing, continued to 9/20/12.
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
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))
Adjournment: 1:40 p.m.
Adopted: October 18, 2012
