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SAN FRANCISCO
PLANNING COMMISSION
Meeting Minutes
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, November 8, 2012
12:00 PM
COMMISSIONERS PRESENT: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
THE MEETING WAS CALLED TO ORDER BY PRESIDENT FONG AT 12:05 PM.
STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Scott Sanchez – Zoning Administrator, Anmarie Rodgers, Christina Lamorena, Rick Crawford, Scott Edmondson, Claudia Flores, Corey Teague, Sharon Young, Rich Sucre, and Jonas P. Ionin – Acting 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. 2012.0847D (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 October 4, 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 15, 2012 December 6, 2012)
SPEAKERS: None
ACTION: Continued as corrected
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
2a. 2007.0036D (T. WANG: (415) 558-6335)
422 VICENTE STREET - on the north side of Vicente Street between 15th and 16th avenues; Lot 002H in Assessor’s Block 2416 - Mandatory Discretionary Review, pursuant to Planning Code Section 317(d), of Demolition Permit Application No. 2006.09.13.2173, proposing to demolish a two-story, single-family dwelling in an RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District.
Full Discretionary Review
Preliminary Recommendation: Do not take Discretionary Review and approve
(Proposed for Continuance to December 6, 2012)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
2b. 2007.0037D (T. WANG: (415) 558-6335)
422 VICENTE STREET - on the north side of Vicente Street between 15th and 16th avenues; Lot 002H in Assessor’s Block 2416 - Mandatory Discretionary Review, pursuant to Planning Code Section 317(d), of Building Permit Application No. 2006.09.13.2176, to construct a two-story over garage, single-family dwelling in an RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District.
Full Discretionary Review
Preliminary Recommendation: Take Discretionary Review and approve with modifications
(Proposed for Continuance to December 6, 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
3 2. 2012.1063Q (C. LAMORENA: (415) 574-9085)
738 6th AVENUE - east side between Cabrillo and Fulton Streets; Lot 032 in Assessor’s Block 1648 - Request for Condominium Conversion Subdivision to convert a three-story, six-unit building into residential condominiums within a RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval
SPEAKERS: None
ACTION: Approved
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
MOTION: 18733
4 3. 2011.0673C (R. CRAWFORD: (415) 558-6358)
501-503 AND 505-511 LAGUNA STREET - southwest corner of Laguna and Linden Streets; Lots 034 and 035 in Assessor’s Block 0819 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, and 720.83 for a proposed wireless telecommunications service facility operated by AT&T Mobility. The facility would consist of three roof-mounted panel antennas on the roof of the buildings and associated equipment located in the basement. The facility is proposed on a Location Preference 2 Site (Preferred Location – Co-Location Site) within the, Hayes-Gough Neighborhood Commercial Transit Oriented District and 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: None
ACTION: Approved with Conditions
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
MOTION: 18734
5 4. 2012.0725C (R. CRAWFORD: (415) 558-6358)
475 EUCALYPTUS DRIVE - southerly side between Melba Street and 22nd Avenue, Lot 030 in Assessor’s Block 7295 - Request for Conditional Use Authorization pursuant to Planning Code Section 209.3(c), Residential Care Facility, to allow the expansion of an existing residential care facility for the elderly from five beds to ten beds within the RH-1(D) (Residential House, One-Family Detached) District, and 40-X Height and Bulk District. The proposal will not include any physical expansion of the existing building.
Preliminary Recommendation: Approval with Conditions
TAKEN OFF OF CONSENT
SPEAKERS: Fernando Farel
ACTION: Approved with Conditions
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
MOTION: 18735
C. COMMISSION QUESTIONS AND MATTERS
Adoption of Commission Minutes – Charter Section 4.104 requires all commissioners to vote yes or no on all matters unless that commissioner is excused by a vote of the Commission. Commissioners may not be automatically excluded from a vote on the minutes because they did not attend the meeting.
6 5. Consideration of Adoption:
· Draft Minutes of Regular Meeting of October 25, 2012
SPEAKERS: None
ACTION: Adopted
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
7 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 Antonin:
First of all, in regards to the Commission Secretary Search Subcommittee, a letter on reclassification has been sent to the Director of DHR and we hope this process will begin to move forward and there will be further meetings in the future, and we'll go from there. I also wanted to make a couple of comments on -- not on the election, but on the election process. Most notably rank choice voting. I think it's appropriate that I do so because the Supervisors in San Francisco are extremely important positions. As we know, this is a City and County and it has more impact than probably any other county in the State of California because of that fact, and also because in terms of land use issues, we have the ability to alter our decisions and reverse them. We are dependent upon them for our confirmation, as I found out earlier this year and I knew all along the other times. There are some reasons I think that the system may need to be revisited. The whole idea of rank choice voting on three. Number one, the basis of cost; Number two, the basis of increasing the turnout of voters in a runoff election or in lieu of runoff the rank choice thing, and thirdly, this has more to do with district elections making the decisions reflective of the values of the people in the particular districts. In terms of cost, I think there's no reason why you couldn't utilize the June primary which could be proposed in the future. There's always a June primary in even years because you have State and Federal elections that have a primary and then you could have your final election in November and you'd also have the ability to, instead of having these massive forums with 10 candidates all sort of saying the same things, you could have the final two candidates actually conduct debates after they've been selected and I think that would be a lot more instructive to the public. Also, I think the cost is actually more because now we have public financing, which a lot of candidates run and probably they wouldn't be part of -- not being the final two, they wouldn't be eligible for public financing anymore, and we might actually save money by having a real runoff. In terms of turnout, and I'm very familiar with the situation currently in District 7 because I was involved in the election in 2000, and I know sort of the vote totals. The final vote totals of the final two which will determine the winner there, are going to be lower than was the case in December of the year 2000, even though that was a separate election and even though the number of registered voters was smaller. I need verification from the Department of Elections, but I think the reason for this is what's called exhausted votes. Basically you have to be clairvoyant when you have nine candidates, five of which have major endorsements trying to figure out who you should pick as one of your second or third choices to have one of them as being the final two is almost impossible, especially in an election where you may have a lot of possible winners. I think on that basis alone, we try to be inclusive of voters. We want online registration. There is some talk about same-day registration, which is occurring in some places. I'm not sure I support those concepts, but certainly we should make elections easy for people to understand. If we make them so complicated, we exclude people who can't understand the subtleties of having to vote, figure out the candidates who are going to be there at the end and be able to vote for them ahead of time and trying to guess who one of the final two candidates is. So, I think that, it's just my comments for the future it has nothing to do with results. It has to do with process. I think we've seen a number of instances and the final point was reflecting the values of a District. I'm not sure, you know that rank choice always you have a better chance when you have two candidates and you can clearly make the choice between the two candidates. So, those are just my thoughts on this particular issue. Thank you for listening.
Commissioner Moore:
I wanted to make a generic comment, and it's not a discussion. I think Commissioner Antonini is raising an interesting question. However, this body is focused on the matters of planning. That is not to say that political policy, which is mostly created by the Board of Supervisors or subgroups to that, could be an interesting expansion of what we do. We are standing independently in other political beliefs sitting here on this Commission, really focused on the matter of physical planning. However, the expansion of discussion would be at the discretion of the City Attorney or anybody else that would give us such liberty for sound sharing intelligence as a group. I would support it if it is properly guided what we can and can't do.
D. DIRECTOR’S REPORT
8 7. Director’s Announcements
None
9 8. Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.
LAND USE COMMITTEE: No Hearing
FULL BOARD OF SUPERVISORS:
- The Board heard the POPOS Signage Ordinance, sponsored by Supervisor Chiu. This item was heard and approved with modifications by this Commission on June 7th. Supervisor Chiu adopted all Planning Commission’s modifications. After the Planning Commission hearing, the Supervisor’s Office and Planning Staff worked closely with MOD staff to make sure that the ZA bulletin’s dimension and graphic requirements reflect the ADA standards. This week the Board passed the Ordinance on FINAL Reading.
- The Housing Trust Fund Monitoring Ordinance, sponsored by Supervisor Chiu was heard next. This Commission approved this item with modifications two weeks ago. Supervisor Chiu adopted all of the Commission modifications. Mayor’s Office of Housing proposed another modification asking that the monitoring reports also evaluate programs that provide assistance to household earning 120% or more of AMI to capture a HTF program that provides assistance to this income category. The Board approved the Ordinance with Planning Commission and Mayor’s office of Housing’s modifications on FINAL reading.
- Next up was an Ordinance that grew out of Supervisor Chiu’s NE Legislation. This part is now titled “Limited Commercial uses in RTO-Mission”. This Ordinance would expand the allowable floor area for Limited Corner Commercial Uses, or LCCUs, from 1200 sq. ft. to 2500 sq. ft. and to allow them within 100’ of a corner instead of 50’ from a corner within RTO-M Districts. The Board already voted to expand this provision in the RM-3 and RM-4 Districts, and that change has been made in the Planning Code, however there was a desire by one of the cosponsor of the legislation, Supervisor Campos, to expand the provision to include Mission RTO District. This week the Ordinance was passed on FINAL reading.
- 120816 Admin Code: Port Pre-Payment of Jobs-Housing Linkage. This is a proposed Ordinance that would amend the Administrative Code to encourage the development of affordable housing on Port properties. Sponsored by Supervisor Kim. The Planning Commission did not hold a hearing on this item, but instead requested an informational memo. This would allow the Port & MOH to enter an MOU. This agreement would enable the Port would receive credits towards the Jobs-Housing Linkage Fee in exchange for use of port property for affordable housing. This week the item past on first reading.
INTRODUCTIONS:
This week:
- BF 121061 401 Castro Street Twin Peaks Tavern Landmark.
BOARD OF APPEALS
The Board heard two items that may be of interest to the Planning Commission.
The first was an appeal of a Zoning Administrator Letter of Determination for 1101-1101 Dolores Street that found the subject lot was a legal, non-conforming lot for the purposes of the Planning Code. This Letter of Determination was upheld by the Board of Appeals.
The second was an appeal of a Zoning Administrator Letter of Determination for 498 Hoffman Avenue that found the subject building legally contained two dwelling units based upon past building permits and a notice of special restriction. This Letter of Determination was upheld by the Board of Appeals.
HISTORIC PRESERVATION COMMISSION:
The HPC provided a recommendation on the West Soma Area Plan and on Supervisor Wiener's proposed CEQA Appeal Amendments. Both of these items will be before the Commission
next week. The HPC's recommendation on both items will be part of your packet. If you have any questions, I'm happy to answer.
There are two preservation related announcements I'd like to make. One is that last week, the Department, Supervisor Wiener and the Duboce Triangle Neighborhood Association hosted the 9th and Final Community Meeting regarding the proposed Park Plan District. At the meeting, Department staff and the Supervisor discussed the most recent amendment to the Mills Act program, that were reviewed by this Commission and the HPC. The review process for Certificates of Appropriateness, and we were there to answer any questions related to public input and the hearing schedule. One request by the Supervisor was that the Department send out to all owners and tenants within the community an online questionnaire so that owners and tenants within the proposed district can base their opinion about the district and it will allow the Department and all decision-makers to gauge support or lack thereof at all public hearings. So, when this Commission provides its recommendation to the Board of Supervisors, we will present the findings of that questionnaire to you at that time. The second item I'd like to share with you is on Saturday, November 10th, the Department along with a Sunset expert an author and lawyer will be hosting a walking tour of the Central Sunset District. We've received a large number of RSVP’s, the community is very excited for the tour which will focus primarily on the history of the Sunset District how it was transformed from 1925 to 1950. This walking tour is a way for us to kick-off the community events that are going to be happening in the early part of 2013 where we will be sharing the survey results of an architectural survey that was funded by the State Office of Historic Preservation, of this general area. We'll share with you the historic context statement and the results of that survey once they're completed, but in case you are interested, the location for the tour will gather at the corner of 36th Avenue and Kirkham Street at 2:00 P.M., and again that's on November 10th of this month.
10 9. (S. EDMONSON: (415) 575-6818)
COMMERCE AND INDUSTRY INVENTORY 2011 - Informational presentation - This 18th Inventory is one of the Department’s reports on the economy and land use. It contains a 10-year time-series of data for calendar years 2002-2011, including population, labor force, employment, establishments, wages, retails sales, government expenditures and revenues, and building activity. The Inventory is available for the public at the Planning Department and can be downloaded from the website at http://www.sf-planning.org/Modules/ShowDocument.aspx?documentid=8937
Preliminary Recommendation: No Action required.
SPEAKERS: None
ACTION: Informational. No action required
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.
SPEAKERS: Gayle Cahill, Dino Adolfino, Sue Hestor
F. REGULAR CALENDAR
11 10. (A. RODGERS (415) 558-6395)
INFORMATIONAL PRESENTATION ON THE INCLUSIONARY HOUSING PROCEDURES MANUAL UPDATE - The Mayor’s Office of Housing is working on an update to the Inclusionary Housing Procedures Manual that may include amendments to the Planning Code. Today’s hearing is to provide information on the topic. An “action” hearing has been tentatively scheduled for November 29, 2012 Planning Commission hearing. The Inclusionary Affordable Housing Program, as defined in Planning Code Section 415, requires residential developments to pay an Affordable Housing Fee. Project sponsors may apply for an alternative to the fee in the form of providing fifteen percent (15%) of their units on-site or 20% of their units off-site as affordable to low- to moderate-income households. These percentages are higher in certain parts of the Eastern Neighborhoods Plan Area. This program is governed by San Francisco Planning Code Section 415 et seq., and is administered by the San Francisco Mayor's Office of Housing. Planning Code Section 415 requires that the Mayor’s Office of Housing and the Planning Department publish a Procedures Manual containing procedures for monitoring and enforcement of the policies and procedures for implementation of the Program. This Monitoring and Procedures Manual contains information regarding the Program for potential Buyers and renters of below market rate Units, as well as for information for Projects sponsors, owners and property managers of Units developed under the Program. Updates to the Manual occur as needed. The last update to the Manual was adopted by the Planning Commission on June 28, 2007. Preliminary Recommendation: No Action Required
(Continued from Regular Meeting of October 25, 2012)
SPEAKERS: Dan Adams, (MOH), Chandra Egan, (MOH), Dino Adolfino
ACTION: Informational. No action required
12 11. (C. FLORES: (415) 558-6473)
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 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 Schlage Lock project. The Planning Department is 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, and has begun community outreach for this effort. No action is required on this
Preliminary Recommendation: No Action Required
SPEAKERS: None
ACTION: Informational. No action required
13 12. 2008.0877EMTUZ (C. TEAGUE: (415) 575-9081)
WESTERN SOMA COMMUNITY PLAN -- INITIATION OF AMENDMENTS TO THE GENERAL PLAN, PLANNING CODE, AND ZONING MAPS - Staff will request the Planning Commission consider approving Resolutions of Intent to Initiate Amendments to the General Plan, Planning Code, and Zoning Maps to implement the Western SoMa Community Plan. In addition, staff will request that the Commission schedule a public hearing on December 6, 2012 to consider approval of the proposed General Plan, Planning Code, Administrative Code, and Zoning Map amendments and direct staff to conduct the necessary noticing for such hearing.
(a) 2008.0877EMTUZ (C. TEAGUE: (415) 575-9081)
WESTERN SOMA COMMUNITY PLAN -- INITIATION OF AMENDMENTS TO THE GENERAL PLAN - Staff will request the Planning Commission consider adopting a Resolution of Intent to Initiate Amendments to the General Plan necessary to adopt the WSoMa Community Plan, including amendments to the Housing and Commerce & Industry Elements, and Land Use Index. In addition, staff will request that the Commission schedule a public hearing on December 6, 2012 to consider approval of the proposed General Plan amendments and direct staff to conduct the necessary noticing for such hearing.
Preliminary Recommendation: Adoption
SPEAKERS: Tim Collen
ACTION: Adopted
AYES: Fong, Wu, Antonini, Borden, Hillis, Sugaya
ABSENT: Moore
RESOLUTION: 18736
(b) 2008.0877EMTUZ (C. TEAGUE: (415) 575-9081)
WESTERN SOMA COMMUNITY PLAN -- INITIATION OF AMENDMENTS TO THE PLANNING CODE - Staff will request the Planning Commission consider adopting a Resolution of Intention to Initiate Amendments to the Planning Code necessary to adopt the WSoMa Community Plan, including adding Sections 261.2, 263.28, 263.29, 703.9, 743 et seq., 744 et seq., 844 et seq., 845 et seq., 846 et seq., 847 et seq., and 890.81, and amending Planning Code Sections 121.1, 121.2, 121.7, 124, 134, 135, 141, 145.1, 151.1, 155, 182, 201, 204.4, 207.4, 207.5, 207.6, 208, 270.2, 316, 329, 401, 423 et seq., 429.2, 607.1, 702.1, 703.2, 802.1, 802.4, 802.5, 803.3, 803.6, 803.7, 803.9, 813, 822, 823, and 890.88. In addition, staff will request that the Commission schedule a public hearing on December 6, 2012 to consider approval of the proposed Planning Code amendments and direct staff to conduct the necessary noticing for such hearing.
Preliminary Recommendation: Adoption
SPEAKERS: Tim Collen
ACTION: Adopted
AYES: Fong, Wu, Antonini, Borden, Hillis, Sugaya
ABSENT: Moore
RESOLUTION: 18737
(c) 2008.0877EMTUZ (C. TEAGUE: (415) 575-9081)
WESTERN SOMA COMMUNITY PLAN -- INITIATION OF AMENDMENTS TO THE ZONING MAPS - Staff will request the Planning Commission consider adopting a Resolution of Intention to Initiate Amendments to the Zoning Maps necessary to adopt the WSoMa Community Plan, including amendments to Maps ZN1, ZN2, ZN7, ZN8, HT1, HT2, HT7, and HT8. In addition, staff will request that the Commission schedule a public hearing on December 6, 2012 to consider approval of the proposed Zoning Maps amendments and direct staff to conduct the necessary noticing for such hearing.
Preliminary Recommendation: Adoption
SPEAKERS: Tim Collen
ACTION: Adopted
AYES: Fong, Wu, Antonini, Borden, Hillis, Sugaya
ABSENT: Moore
RESOLUTION: 18738
14 13. 2012.0971C (S.Young: (415) 558-6346)
1963 SUTTER STREET - south side between Fillmore and Webster Streets; Lots 042 in Assessor’s Block 0684 - Request for Conditional Use Authorization pursuant to Planning Code Sections 145.2, 249.31, 303, and 712.24 to add an “outdoor activity area” to an existing restaurant (d.b.a. Roostertail) within the NC-3 (Moderate-Scale Neighborhood Commercial) District, Japantown Special Use District, and 50-X Height and Bulk District. The proposal is to add an outdoor dining area with tables and chairs to accommodate up to 18 restaurant patrons on an approximately 180-square foot patio (enclosed by a 6’6” high fence) within the rear yard of the restaurant.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: Jennifer Buttler, Mary Ann Hori, Michiko Yomoto
ACTION: Approved with Conditions
AYES: Fong, Antonini, Borden, Hillis, Moore
NAYES: Sugaya
RECUSED: Wu
MOTION: 18739
15 14. 2012.0928DDD (R. SUCRE: (415) 575-9108)
2000 20th STREET - northwest corner of De Haro and 20th Streets, Lot 023 in Assessor's Block 4072 - Request for Discretionary Review of Building Permit Application No. 2010.12.01.5856 (Alteration) proposing to construct a one-story vertical addition on an existing two-story building containing one dwelling unit within the RM-1 (Residential, Mixed, Low Density) Zoning District and the 40-X Height and Bulk District.
Full Discretionary Review
Preliminary Recommendation: Do not take Discretionary Review and approve
(Continued from Regular Meeting of October 18, 2012)
SPEAKERS: None
ACTION: Without hearing, continued to 12/13/2012
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
Adopted on November 29, 2012
