SAN FRANCISCO
PLANNING COMMISSION
Meeting Minutes
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, October 4, 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 12:12 PM.
STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Scott Sanchez – Zoning Administrator, Anmarie Rodgers, Steve Wertheim, Don Lewis, Sara Vellve, Aaron Starr, Michael E Smith, 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
1. 2012.0847D (G. CABREROS: (415) 558-6159)
28-30 TOLEDO WAY - north side between Pierce Street and Mallorca Way, Lot 012 in Assessor's Block 0466A - Request for Discretionary Review of Building Permit Application No. 2011.07.26.1070 proposing to enlarge the partial fourth floor of the existing four-story, two-unit building within the RH-2 (Residential House, Two-Family) Zoning District and the 40-X Height and Bulk District. New rear balconies and front facade alterations are also proposed including window replacements and construction of a tiled parapet.
Abbreviated Discretionary Review
Preliminary Recommendation: Do not take Discretionary Review and approve
(Continued from Regular Meeting of September 6, 2012)
NOTE: On September 6, 2012, following public testimony, the Commission continued the matter to October 4, 2012 by a vote of (+7 -0). Public hearing remains open.
(Proposed for Continuance to November 8, 2012)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
B. COMMISSIONERS’ QUESTIONS AND MATTERS
2. 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:
First I congratulate the Oakland Athletics and San Francisco Giants for winning their respective divisions and it may be too early to start talking about Bay Bridge or BART series; it would be a thrill. I am thrilled that the Oakland A's, in record-breaking style, came from 13 games back to win the division. I hope it will keep their team in Oakland forever. The Oakland A's have won four World Series while the San Francisco Giants to date have only won one. They may need to have a new facility, perhaps baseball only most teams have that in the country. Perhaps that is something that can be worked out between the Oakland A's and the City of Oakland.
A personal note, despite the fact that I have rather bright pink clothing, I am happy to announce that my son and daughter-in-law are expecting a boy in March; my granddaughter will have a little brother. Finally, more importantly, I did meet with the project sponsor a couple of weeks ago in regards to 2830 Toledo, I did have a chance to look at the plans and I'm happy to work with the DR Requestor and Project Sponsor to forge a compromise that will make it something that the Commission can evaluate and find compromise. This will come back in November. I think there's a lot of potential there.
Commissioner Wu:
I want to announce that this Saturday is affordable housing day in San Francisco. There will be a number of tours: affordable, seniors, partnership between AIA and a number of affordable housing developers. Anyone that wants to stop by, please feel free to do so.
3. Director’s Announcements
Director Rahaim:
A couple of quick announcements: we sent electronically the current status of the Japantown planning effort. We are happy to answer questions and schedule an upcoming hearing in the next few weeks. And similarly, just as a heads-up, you will hear a couple of informational hearings on Western SOMA. The Department has taken over the planning effort after Paul Lord’s retirement. I want to remind everyone that Columbus Day holiday is Monday so the offices will be closed. I will be out of town Monday and Tuesday as well will be but back on Wednesday.
4. Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.
LAND USE COMMITTEE:
· An ordinance that would provide a 5’ height bonus for active uses in the Castro NCD and 24th Noe NCD was heard in committee. This commission unanimously recommended approval the last week. This week the LU Committee moved the item to the Board with a recommendation of approval.
· The LU Committee heard an ordinance that would amend the Administrative Code. This legislation strengthens an existing law that was intended to restrict the conversion of apartment units to tourist or short-term use, a practice commonly known as hotelization. The sponsor, Board President Chiu, described that the legislation clarifies that corporate entities cannot skirt our laws by signing long term leases of residential apartments for planned occupancies of less than 30 days. It also strengthens the enforcement process by creating an administrative review hearing for the Department of Building Inspection to evaluate complaints and by giving our residents the ability to seek legal recourse through the assistance of non-profit organizations. This item was also forwarded with a recommendation of approval.
· The Housing Production and Reports Ordinance was heard at the Land Use Committee this week. This Ordinance was before you on June 28 and approved with modifications. Supervisor Olague adopted most all the modifications recommended by this Commission and worked closely with staff and the Planning Director to make some minor changes. At the Committee, Supervisor Weiner had some concerns about that the Housing Summary Report would depict a skewed view of housing production trend. Specifically, he was concerned that residential projects affordable to households with 120% AMI and above were lumped into one category; that other forms of housing such as collaborative housing, smaller units, and senior housing might also help to meet the city’s housing needs—and these were not being monitored. He also was concerned that the housing summary report does not provide information on housing production based on unit type or size. Overall, he was concerned that this report will be used to slow down approval of market-rate residential projects. Sponsoring Supervisor Olague stated the goal is not metering of market-rate housing but rather that the focus was on lower income levels due to our inability to meet RHNA goals and the policy imperatives in the General Plan. Upon questions, department staff that the reason that the highest income category tracked is 120% or is first to reflect RHNA’s categories and second is because we generally don’t have access to household incomes that would be served by residential projects. This item was amended to reflect the final changes requested by the Commission and was then moved to the board with a 2-1 vote at the Land Use Committee.
· Lastly another Ordinance that would amend the Administrative Code to ensure the “Right to Return to Revitalized Public Housing” also sponsored by Supervisor Olague was heard. The Planning Commission heard this item last Thursday—at that time the Supervisor was still working with MOH and SFHA on changes so this commission recommended approval of the “return policy” but did not take a position on the details which were in flux. At this week’s committee hearing the SFHA and MOH also again spoke and the Supervisor made amendments. Supervisors Cohen and Mar then requested to be cosponsors and recommended approval to the Full Board.
FULL BOARD OF SUPERVISORS:
- Supervisor Farrell’s Ordinance to Reinstate Liquor License Controls and CU for limited restaurants on Union Street was also before the Committee. The Commission recommended approval of this Ordinance with a minor technical amendment on September 9. The Ordinance had been amended and this week the Full Board approved the Ordinance on Final Reading.
- Successor Agency to the Former Redevelopment Agency. As reported to you last week, this Ordinance is the result of a recent amendment to State Law AB 1484. The Director provided you with a update last week as this item was before the Board for first reading. This week the Ordinance was approved on final reading and you will get an in-depth presentation from Tiffany Bohee, the Director of the Successor Agency and Jason Elliott, Director of Legislation for the Mayor in a few moments as part of today’s Director’s Report.
- TIDF. The Planning Commission heard the TIDF Update ordinance on July 19, 2012 The Planning Commission recommended approval of the ordinance with modifications. The Mayor introduced substitute legislation included all of your recommendations. This week the Full Board continued the Ordinance to October 16.
- The Update to the Community Safety Element of the General Plan was heard at committee this week. The Commission recommended approval of this on June 14, 2012. This week the Board approved the ordinance on First Reading.
- An Ordinance sponsored by the Mayor, Board President Chiu, and Supervisors Kim and Wiener was also heard at committee. This Ordinance would change the threshold for the Inclusionary Affordable Housing program from buildings with 5 or more units to those with 10 or more. This Commission recommended approval of the Ordinance on June 16th. This Ordinance is the “companion” legislation to the Housing Trust Fund and would only become effective if the voters approve the HTF in this November’s election. Further, as this was amended by the Board last week, the City would be able to monitor the effect on housing production of this change and could decide to reinstate this fee at a later date if desired. With these amendments, the Ordinance was recommended for approval by the Board.
4pm Appeal. There had been an appeal filed on a Conditional Use Authorization at 175 Junipero Serra Boulevard. This CU would allow a childcare facility for 15 or more children. At this week’s hearing, the president indicated he had received a letter from the appellant withdrawing the appeal. There were no speakers and the hearing was closed with you CU approval intact.
INTRODUCTIONS: No known planning /land use ordinances.
BOARD OF APPEALS:
No meeting
HISTORIC PRESERVATION COMMISSION:
The Commission heard public testimony and discussed with staff the Mayor's Office of Economic and Workforce Development's decision not to fund the request by the Mission Dolores Neighborhood Association, not to develop a Mission Dolores National Registration. The Mayor raised two issues: 1) Funding the level of outreach; 2), concerns raised by the Planning Department when the Neighborhood Association surveyed the neighborhood a couple of years ago. The Department specifically had questions about integrity and the boundary justification. Like I said, after public testimony and discussing with staff, the HPC wrote a letter to the funding committee. There is a project that could be funded that could 1) expand the level of community outreach which we are happy to provide assistance with, and 2) would be to expand the methodology - raised from concerns by the Planning Department staff; and we will work with Historic Preservation Commission to outline those items that should be included in that methodology for when the nomination is completed. We are reviewing it as part of the local government responsibilities. The second item at the HPC is a confirmation of the nomination of the building located in the Sunset District. In my last report the building was occupied by Henry Dolger for over 40 years; significant not only by the association with Mr. Dolger but also by the deco design. HPC unanimously approved a nomination. It is scheduled for a final vote by the Board of Supervisors sometimes before the end of this year.
5. (A. RODGERS: (415)-558-6395)
SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY (BOARD FILE NO. 120898) - Informational Hearing on The Planning Commission will hear an informational presentation on a proposed Ordinance that would implement the State redevelopment dissolution law known as AB X1 26 (2011) in furtherance of the recently adopted amendments to that law known as AB 1484 and of previously adopted City policies, by 1)acknowledging that AB 1484 provides that the Successor Agency is a separate legal entity from the City, with the Successor Agency holding all of the transferred assets and obligations of the former Redevelopment Agency (other than the affordable housing assets ) distinct from the City, and with the Oversight Board performing specific functions set forth in the State redevelopment dissolution law; 2) officially naming the Successor Agency as the "Successor Agency to the Redevelopment Agency of the City and County of San Francisco"; 3) acknowledging that former Redevelopment Agency employees who became Successor Agency employees by operation of AB 26 and were assigned to R classifications, and who continued in those R classifications through the effective date of AB 1484, shall continue to be Successor Agency employees; 4)creating the Successor Agency Commission as the policy body of the Successor Agency and delegating to it the authority to act in place of the former Redevelopment Agency Commission to implement the surviving redevelopment projects, the replacement housing obligations and other enforceable obligations and the authority to take actions that the State redevelopment dissolution law requires or allows on behalf of the Successor Agency; 5)establishing the composition and terms of the members of the Successor Agency Commission, setting forth voting requirements and providing for the Successor Agency Commission to appoint an Executive Director of the Successor Agency; 6)authorizing the Successor Agency to retain the City Attorney as its legal counsel; 7) ratifying prior acts; and 8) authorizing and directing the Successor Agency Commission to take all appropriate steps to effectuate the purpose of this ordinance consistent with the State redevelopment dissolution law.
Preliminary Recommendation: None, this item is an informational hearing only.
SPEAKERS: None
ACTION: Information only. No action required
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.
SPEAKERS: Dino Delfino
474 O’Farrell
David Pillpell Pilpel
Re: Recognized Brian Smith
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.
None
F. CONSIDERATION OF FINDINGS AND FINAL ACTION – PUBLIC HEARING CLOSED
6. 2012.0206C (M. SMITH: (415) 558-6322)
2299 MARKET STREET - south side of the intersection of Market, Noe, and 16th Streets, Lot 091 in Assessor's Block 3564 - Request for Conditional Use Authorization -pursuant to Planning Code Sections 703.4, 721.21, 721.49 and 303 to establish an approximately 3,300 square-foot, formula retail, bank (d.b.a. “Bank of the West”) in the vacant ground floor commercial space of a newly constructed mixed-use building that is currently under construction. The bank would offer ATM service in an area that is recessed from the sidewalk. The subject property is located within the Upper Market Street Neighborhood Commercial District and a 50-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of September 20, 2012)
NOTE: On September 20, 2012, following public testimony, the Commission passed a motion of intent to approve with conditions by a vote (+7 -0). Public hearing closed. Final language/action scheduled for 10/4/12)
SPEAKERS: None
ACTION: Approved
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
MOTION: 18713
G. REGULAR CALENDAR
7. (S. DENNIS-PHILIPS: (415) 558-6384)
VISITACION VALLEY/ SCHLAGE LOCK PLAN UPDATE - Informational hearing on the status of the Visitacion Valley/ Schlage Lock plan and development project - The Visitacion Valley / Schlage Lock Design for Development document intended to guide implementation of the Visitacion Valley Redevelopment Plan and specifically the redevelopment of the former Schlage Lock factory site, was adopted by the Planning and Redevelopment Commissions in 2009. The dissolution of the San Francisco Redevelopment Agency in 2012 meant that tax increment funding would no longer be available to the Schlage Lock project. The Planning Department will be collaborating with the Mayor's Office of Economic and Workforce Development and the community to determine alternative paths for that project in the post-Redevelopment era. No action is required on this item.
SPEAKERS: Jonathan Sharp
ACTION: Information only. No action required. To come back 11/1/12
8. (S. DENNIS-PHILIPS: (415) 558-6384)
SUSTAINABLE COMMUNITIES STRATEGY AND THE REGIONAL HOUSING NEEDS ALLOCATION - Informational hearing on the Sustainable Communities Strategy (SCS) and the Regional Housing Needs Allocation (RHNA). Senate Bill 375 requires the Bay Area to prepare an integrated land use, housing and transportation strategy by 2013 that demonstrates how the region will grow while meeting greenhouse gas reduction targets. This strategy is linked to the RHNA, which represents the share of housing each municipality must plan for in its Housing Element. Staff from Planning and the Mayor’s Office of Housing will present the draft SCS, the housing allocation, and their implications for San Francisco. No action is required on this item.
SPEAKERS: None
ACTION: Information only. No action required
9. (S. DENNIS-PHILIPS: (415) 558-6384)
SAN FRANCISCO TRANSPORTATION PLAN - Informational hearing on the San Francisco Transportation Plan (SFTP), the City’s 25-year plan for investment priorities for our transportation system. Currently under development, the SFTP will help determine eligible transportation projects and/or agencies for federal, state, regional, or local transportation funding. Staff from the San Francisco County Transportation Authority will present an overview of SFTP progress. No action is required on this item.
SPEAKERS: None
ACTION: Information only. No action required
10. 2012.0110E (D. LEWIS: (415) 575-9095)
2175 MARKET STREET - southeast corner of Market and 15th Streets; Lot 11 in Assessor’s Block 3543 - Appeal of a Preliminary Mitigated Negative Declaration (PMND) - The proposed project would involve demolition of an existing automotive gasoline and service station, and construction of an approximately 104,413-square-foot, mixed-use development containing 88 dwelling units, 6,286 square feet of ground-floor retail space, and 44 off-street parking spaces. The development would consist of two buildings connected by a shared podium: a 65-foot-tall, six-story building spanning the northwest side of the lot, fronting on Market Street and a 40-foot-tall, three-story building at the southeast corner of the lot, fronting on 15th Street. The project site is located in the Upper Market Street Neighborhood Commercial Transit District, a 40-X/60-X/65-X Height and Bulk District, and the Market and Octavia Area Plan.
Preliminary Recommendation: Uphold the Preliminary Mitigated Negative Declaration
(Continued from Regular Meeting of September 20, 2012)
SPEAKERS: Scott Stonicky, Peter Lewis, Harris Starkey, Maria Mejia, Tim Colen, Harry O’Brien, Mike Abbott
ACTION: PMND was upheld
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
MOTION: 18714
11a. 2012.0110CEV (M. SMITH: (415) 558-6322)
2175 MARKET STREET - southeast corner of Market and 15th Streets; Lot 011 in Assessor’s Block 3543 - Request for Conditional Use Authorization, pursuant to various Planning Code Sections: Sec. 207.6, for an exception to the dwelling mix requirement; Sec. 733.11, to develop a lot exceeding 9,999 square feet; Sec. 733.44, to establish a Restaurant use; and Sec. 303, for a project proposing to demolish an existing gas station and construct a new 65-foot-tall, six-story, approximately 79,945-square-foot (104,413 -square-feet including parking), mixed-use building containing 88 dwelling units and approximately 7,300 square feet of retail space at the ground floor, a portion of which would be occupied by a yet to be determined restaurant use as defined in Section 790.91 of the Code. The proposed building would contain 44 off-street parking spaces within an underground parking garage and provide approximately 7,100 square feet of common usable open space. The project site is located within the Upper Market Street NCT (Neighborhood Commercial Transit) District and a 65-X/40-X Height and Bulk District and within the Market and Octavia Area Plan. CEQA (California Environmental Quality Act) Findings will also be adopted as part of the project approvals.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of September 20, 2012)
SPEAKERS: Katie O’Brien, Nathan Sedlander, Sara Van Ness, Peter Cohen Peter Lewis
ACTION: Approved Conditional Use and adopted CEQA Findings
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
MOTION: 18715
11b. 2012.0110CEV (M. Smith: (415) 558-6322)
2175 MARKET STREET - southeast corner of Market and 15th Streets; Lot 011 in Assessor’s Block 3543 - Request for Variances from various Planning Code Sections: Sec. 134, for rear yard; Sec. 145.1, for a ground floor non-residential ceiling height that is less than 14-feet in height; Sec. 135, for open space exposure; and Sec. 140, for dwelling unit exposure for a project proposing to demolish an existing gas station and construct a new 65-foot-tall, six-story, approximately 79,945-square-foot (104,413 -square-feet including parking), mixed-use building containing 88 dwelling units and approximately 7,300 square feet of retail space at the ground floor, a portion of which would be occupied by a yet to be determined restaurant use as defined in Section 790.91 of the Code. The proposed building would contain 44 off-street parking spaces within an underground parking garage and provide approximately 7,100 square feet of common usable open space. The project site is located within the Upper Market Street NCT (Neighborhood Commercial Transit) District and a 65-X/40-X Height and Bulk District and within the Market and Octavia Area Plan.
(Continued from Regular Meeting of September 20, 2012)
SPEAKERS: Same as those listed for item 11a
ACTION: Acting Zoning Administrator Dan Sider closed the public hearing and stated his inclination to grant the variances
12. 2012.0145C (S. VELLVE: (415) 558-6263)
1727 HAIGHT STREET - south side between Cole and Shrader Streets; Lot 023 in Assessor’s Block 1248 - Request for Conditional use authorization, pursuant to Planning Code Sections 186.1 (expansion of nonconforming use), 228.4 (discontinuance of a single-screen movie theatre), 719.21 (use size exceeding 2,500 square feet), 719.48 (Other Entertainment), and 303, to allow the expansion of a restaurant/bar (dba The Alembic Bar) into the former Red Vic theatre area, create an event space allowing “other entertainment” at the rear of the building and create retail space at the front of the approximately 4,800 square foot one-story wholly commercial building within the Haight Street Neighborhood Commercial District, The Haight Street Alcohol Restricted Use Subdistrict (RUSD) and 40-X Height and Bulk District. Expansion of the building is not proposed.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of September 20, 2012)
SPEAKERS: Rebecca – Project Architect, David Pillpell Pilpel
ACTION: Approved
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
MOTION: 18716
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 September 27, 2012)
DISCRETIONARY REVIEW APPLICATIONS WITHDRAWN
14. 2012.0662D (A.STARR: (415) 558-6362)
3014 CALIFORNIA STREET - north side between Lyon and Baker Streets; Lot 010 in Assessor’s Block 1023 - Mandatory Discretionary Review, pursuant to Planning Code Section 317(e), of Building Permit Application No. 2012.06.26.3418, proposing to legalize the reconfiguration of the two-story-over-garage, two-unit residential building to a one-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: Take Discretionary Review and disapprove
SPEAKERS: Katie Saldo & Matt Saldo – Project Sponsors, Brett Gladstone, Mathew Gregory
ACTION: No Discretionary Review and Approved
AYES: Fong, Antonini, Borden, Hillis, Sugaya
NAYES: Moore and Wu
DRA#: 0293
H. 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.
Th`e 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: 5:26 PM – In memory of Frank Alioto
Adopted: October 18, 2012
