SAN FRANCISCO
PLANNING COMMISSION
Meeting Minutes
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, November 15, 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 12:13 PM.
STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Scott Sanchez – Zoning Administrator, Michael E. Smith, Jessica Look, Elizabeth Watty, Ben Fu, Corey Teague, Anmarie Rodgers, Michelle Stahlhut, Adrian Putra, Sophie Hayward, 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. 2012.1095C (E. JACKSON: (415) 558-5353)
281 HARVARD STREET - east side between Felton and Silliman Streets; Lot 029 in Assessor’s Block 5940 - Request for Conditional Use Authorization under Planning Code Sections 209.3(f), 317 and 303 to allow the operation of a child-care facility for 13 or more children within a RH-1 (Single-Family Residential) District with a 40-X Height and Bulk designation. This project is a CU proposal to convert a one-unit two-story residential building into a full-time child-care facility for a maximum of 25 children.
Preliminary Recommendation: Pending
(Proposed for Continuance to December 13, 2012)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore
NAYES: Sugaya
B. CONSENT CALENDAR
All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and will be acted upon by a single roll call vote of the Commission. There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing
2. 2012.1266Q (M. SMITH: (415) 558-6322)
3559 – 3561 17th STREET/ 28 DOLORES TERRACE - south side of 17th Street between Dolores and Guerrero Streets; Lot 069 in Assessor’s Block 3578 - Request for Condominium Conversion to convert five dwellings located within two separate buildings on the same lot into residential condominiums within a RM-1 (Residential, Mixed, Low-Density) 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: 18740
3. 2012.1256Q (M. SMITH: (415) 558-6322)
343 FREDERICK STREET - south side between Clayton and Cole Streets, Lot 045 in Assessor's Block 1268 - Request for Condominium Conversion to convert a three-story, five-unit residential 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: 18741
4. 2012.0926C (J. LOOK: (415) 575-6812)
1030 TARAVAL STREET - north side between 20th and 21st Ave; Lot 018 in Assessor’s Block 2349 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 178, 303 and 781.1, to convert a vacant storefront into a Limited-Restaurant (d.b.a. Smile House). The restaurant is proposed in the Taraval Street RUSD (Restaurant and Fast-Food Sub-District) which is located in the NC-2 (Small-Scale Neighborhood Commercial District) with a 65-A Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: None
ACTION: Approved
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
MOTION: 18742
5. 2012.0764C (E. WATTY: (415) 558-6620)
2001 POLK STREET - west side at the northwest corner of Pacific Avenue; Lot 006 in Assessor’s Block 0574 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 145.2, 303(c), 723.26 and 790.140 to allow the addition of a walk-up facility (a take-out food window) along the Pacific Avenue frontage of the existing “Limited Restaurant and Liquor Store” (d.b.a Cheese Plus) within the Polk Street Neighborhood Commercial District and 65-A Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of October 25, 2012)
SPEAKERS: None
ACTION: Approved
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
MOTION: 18743
6. 2010.0627C (B. FU: (415) 558-6613)
2895 SAN BRUNO AVENUE - northeast corner of the intersection of San Bruno Ave. and Woolsey Street, Lot 037 in Assessor’s Block 5457 - Request for Conditional Use Authorization under Planning Code Sections 228.3 and 711.11 to allow the demolition of an existing service station and the construction of a new development consisting approximately 14,500-square-foot, 40-foot tall, five four-story residential/mixed use buildings containing a total of ten dwelling units, ten off-street parking spaces, ground-floor retail spaces, and second floor business or professional service uses in the Small-Scale Neighborhood Commercial (NC-2) Zoning District and a 40-X Height and Bulk District. The project also requires a parking reduction request per Planning Code Sections 161(j) and 307(i).
Preliminary Recommendation: Approval with Conditions
SPEAKERS: None
ACTION: Without hearing, continued to 12/6/12
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore
NAYES: Sugaya
C. COMMISSIONERS’ QUESTIONS AND MATTERS
7. Commission Comments/Questions
Commissioner Borden:
I spoke about this with Ms. Rodgers in regard to the CEQA Legislation, in terms of the legislation we have with the awnings, that Supervisor Chiu has put forth, I thought it was great, in policy, things are changing the Planning Code and things like CEQA, that is going to affect this Commission. If we could have informational hearings early on in the introduction process, that would be non-action hearings, where we could understand the issues, they would be non-action hearings, because I feel a lot of times, for legislation we get packets and we do not understand, sometimes, until we have the hearing, what the legislation is saying, so I think it would be really useful if we get a hearing early, and have a second hearing closer to end of the window where we could vote on the legislation, because I think we can figure out in between, if we need to have additional community workshops. A lot of people feel that the Planning Commission should be the one to change legislation in regard to the Planning Code, and CEQA, that follows into that area.
I thought about the housing efficiency units. One of the things I thought might be useful as we are talking about looking at housing, building market rate versus affordable. It would be interesting to have an actual snapshot of a cost per sq. ft. in a particular neighborhood. I do not think in the abstract. Just knowing you are building a market rate project, tells you anything who can afford to live in that project. I think having a snapshot actually show what the medium home price was in that particular neighborhood, smaller real estate tracks around that project, and then the anticipated cost per sq. ft. for that project and then you can better assess the market. We had a conversation about whether the market fulfills any level of middle income housing, it would be good to know that. I think just having a general report about units, does not get to the heart of what we are trying to solve. So, a better way, kind of incorporating looking at price per sq. ft. in a given neighborhood and comparing that to projects coming online, to the extent that we can, it would be more useful information.
Commissioner Antonini:
I would agree a 100% with Commissioner Borden’s request, because categorizing things as market rate or affordable, we had an instance a couple years ago where many of the market rate units for sale, were being sold for less than would have been the inclusionary amount that would have been charged under the inclusionary ordinance. It is important to see, real case situations, and understand what we are really talking about in terms of the case.
A couple of other items, in terms of the Commission Secretary Search, I am still waiting for word from DHR, in regard to the classification issue, and I am hopeful that I would hear something on that issue within the next few days and follow up with that to see where we are.
Commissioner Moore:
The former home of Local 3879 International Longshoreman Association has bought the building to accommodate the Commonwealth Club in that facility, it its great idea. Commonwealth used to be on Market and Second, and now they will be moving to this location, which I think is an appropriate way of bringing large well-known institutional uses onto the waterfront.
D. DIRECTOR’S REPORT
8. Director’s Announcements
Director Rahaim:
There had been some requests, to talk about the schedule for the proposed Arena project on Piers 30 and 32. Just want to report some dates. After discussion with President Fong and Vice-President Wu we agree that we will have an informational hearing in January, when we would have some better answers to some questions at that point. We would schedule that on your calendar. As you know the Board is currently considering the fiscal feasibility for the project. That allows us to start working on the EIR. We are anticipating that the draft EIR will be published in May. Your hearing on the draft EIR would probably be in June and the schedule calls for the completion of the EIR if you consider the certification by the end of next year. We are about a year away from completing that project.
Secondly, I just want to let you know that I will be out the office for two weeks and Bill Wycko will be in charge for the Department in my absence.
9. 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:
No report
10. (C. TEAGUE: (415) 575-9081)
340 FREMONT STREET - Informational item to present the current design pursuant to the original approval Motion No. 17267 - The project includes one residential tower of 400 feet, up to 348 dwelling units, and up to 269 off-street parking spaces, in a RH-DTR (Rincon Hill Downtown Residential) and a 400-R Height and Bulk District.
SPEAKERS: Ezra Mercy, Glen Reskalvo
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: Jeane Quock, Sue Hestor, Reynaldo Cameron, Carrie Myint, Eric Barid, David Pilpel
F. REGULAR CALENDAR
11. 2012.1329U (A. RODGERS (415) 558-6395)
The Commission will consider a proposed Ordinance amending the San Francisco Administrative Code Chapter 31 to update and clarify certain procedures provided for in Chapter 31 [Board File No. 121019] introduced by Supervisor Wiener. The Commission may take action to make a recommendation to the Board of Supervisors. Preliminary Recommendation: Approval with Modifications.
SPEAKERS: Sue Vaughn, Bernie Chuden, Howard Wong, Justin Bigelow, Michael Russem, Rose Hillson, Catherine Howard, Roland Solato, Eric Brooks, Tes Welborn, Jonathan Evans, Jeanne Quock
ACTION: Without hearing, continued to 11/29/12
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore
NAYES: Sugaya
12. (C. TEAGUE: (415) 575-9081)
WESTERN SOMA COMMUNITY PLAN - INFORMATIONAL PRESENTATION – No. 2 - Detailed information about the proposed Planning Code and Zoning Map amendments. Discussion will focus on the impacts of these proposals on future development in the plan area.
SPEAKERS: Jim Meko, Bryant Tan, John Goldman, Robert Cole, Glendon Hyde, Tim Colen, Dough Cahill
ACTION: Informational, no action required
13. 2012.1249X (C. TEAGUE: (415) 575-9081)
340 FREMONT STREET - south side between Harrison and Folsom Streets, Lots 006 through 009 in Assessor’s Block 3748 - Request under Planning Code Sections 309.1, 825 and 827 for the authorization of a change in conditions of approval to extend the performance period for a previously approved project within the RH DTR (Rincon Hill Downtown Residential, Mixed Use) District with a 85/400-R Height and Bulk Designation.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: Ezra Mercy
ACTION: Approved
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
MOTION: 18744
14. 2012.0719C (M. STAHLHUT: (415) 575-9116)
2001 THIRD STREET - southeast corner of Mariposa and Third Streets, Lot 009 in Assessor’s Block 3994 - Request for Conditional Use Authorization under Planning Code Sections 843.93 and 303 for a proposed wireless telecommunications service facility operated by AT&T Mobility. The facility would consist of up to nine antennas and associated equipment on the rooftop of an existing commercial building. The facility is proposed on a Location Preference 4 Site (Preferred Location Site) within the UMU (Urban Mixed Use) Zoning District and a 68-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: Tedi Vriheas, Karin Myint
ACTION: Approved
AYES: Fong, Wu, Antonini, Borden, Hillis, Sugaya
ABSENT: Moore
MOTION: 18745
15a. 2012.0853CV (A. PUTRA: (415) 575-9079)
1984 GREAT HIGHWAY - east side between Ortega and Pacheco Streets; Lot 011 in Assessor’s Block 2086 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.3(f) and 303, to allow a change of use from a church to a child-care facility with 15 or more children (d.b.a. Growing Tree Childcare). The subject property is within a Local Coastal Zone Permit Area and located in an RH-2 (Residential, Two-family) District, and 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: Vince Sisneroz, George Tsang, Jean Bruschera, Tony Ng, Tracy White
ACTION: Approved
AYES: Fong, Wu, Antonini, Borden,Moore, Hillis, Sugaya
MOTION: 18746
15b. 2012.0853CV (A. PUTRA: (415) 575-9079)
1984 GREAT HIGHWAY - east side between Ortega and Pacheco Streets; Lot 011 in Assessor’s Block 2086 - Request for a Parking Variance, pursuant to Planning Code Sections 151 and 305, to allow a change of use from a church to a child-care facility with 15 or more children (d.b.a. Growing Tree Childcare) without providing off-street parking where two off-street parking spaces are required. The subject property is within a Local Coastal Zone Permit Area and located in an RH-2 (Residential, Two-family) District, and 40-X Height and Bulk District.
FOLLOWING PUBLIC TESTIMONY, ZONING ADMINISTRATOR CLOSED THE PUBLIC HEARING AND WAS INCLINED TO GRANT THE VARIANCE.
16. 2012.1322T (S. HAYWARD: (415) 558-6372)
Amendments to the Planning Code, adding a new Section 318 to put a cap on the number of Efficiency Dwelling Units that can be constructed with reduced square footage, and 2) amending Section 135(d) and adding Section 135.4 to impose open space and common space requirements on Efficiency Dwelling Units with reduced square footage [Board File No. 12-0996]. Ordinance introduced by Supervisor Wiener adding Planning Code Section 318 that would define a cap on the number of Efficiency Dwelling Units, as defined in the Building Code, that can be constructed with reduced square footage unless the units are group housing, affordable housing, or student housing; and 2) amending Planning Code Section 135 and adding Section 135.4 to impose open space and common space requirements on Efficiency Dwelling Units with reduced square footage; 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.
Preliminary Recommendation: Disapproval
SPEAKERS: Angelica ?, Jesus Perez, Andrew Mendez, Raymond Castillo, Linda Jimenez, Melly Salvietra, Maria Marin, Alicia Vasquez, Ella Mano, Carmelita Perez, Brad Hall, Lauren Susan Thai, Riza Duke Kangsten, Marty Delelas, Hiroshi Fukuda, Tim Collen, Patrick Kennedy, Sue Hestor, Sarah Short, Dan Fratten, Peter Cohen
ACTION: Adopted a recommendation of approval with a concept of a cap; a rigorous reporting program, and modifications proposed by staff.
AYES: Fong, Wu, Borden, Hillis, Moore, Sugaya
NAYES: Antonini
RESOLUTION: 18747
17. 2009.0035DD (M. SMITH: (415) 558-6322)
481 JERSEY STREET - south side between Diamond and Castro Streets, Lot 029 in Assessor's Block 6539 - Requests for Discretionary Review of Building Permit Application No. 2008.03.18.7426 proposing to construct a one-story vertical addition, a rear horizontal addition, infill the setbacks at the east side of the building, and alter the front façade of a single-family dwelling, resulting in a two-story over garage, single-family dwelling, located within a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District.
Staff Analysis: Abbreviated Discretionary Review
Preliminary Recommendation: Do not take Discretionary Review and Approve
SPEAKERS: Joe Butler, Steve Williams, Monique Mabey, David Merkel, John Sadler, Alice Barkley, Andy Rogers
ACTION: Approved as proposed
AYES: Fong, Wu, Antonini, Moore, Hillis
ABSENT: Borden, Sugaya
DRA No: 0296
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))
None
Adjournment: 6:55 PM
Adopted on December 6, 2012
