New Page 1
SAN FRANCISCO
PLANNING COMMISSION
Meeting Minutes
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, December 6, 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, Thomas Wang, Aaron Starr, Andrea Contreras, Corey Teague, Diego Sanchez, Kevin Guy, Tara Sullivan, Ben Fu, Glenn Cabreros, 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. 2012.0822C (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 October 25, 2012)
(Proposed for Continuance to January 17, 2013 February 7, 2013)
SPEAKERS: None
ACTION: Continued as Amended
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
2. 2011.0800C (S. VELLVE: (415) 558-6263)
601 VAN NESS AVENUE - west side between Golden Gate Avenue and Turk Street; Lot 026 in Assessor’s Block 0762 - Request for Conditional Use Authorization pursuant to Planning Code Sections 209.6 and 303, to allow Verizon Wireless to replace three existing antennas with new antennas and add two additional antennas to the site for up to 11 WTS antennas on the roof of the 12-story mixed use building located at the southwest corner of Van Ness Avenue and Turk Street in the Opera Plaza complex within a RC-4 (Residential/Commercial, Combined, High Density) District, the Van Ness Special Use District and the Van Ness Automotive Special Use District and 130-V Height and Bulk District. The site is a Location Preference 5 (mixed-use building in a high density residential district).
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of October 25, 2012)
(Proposed for Continuance to January 24, 2013)
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. 2012.0927D (T. WANG: (415) 558-6335)
1144-1146 CASTRO STREET - on the west side of Castro Street between Elizabeth and 23rd streets; Lot 006 in Assessor’s Block 2804 - Mandatory Discretionary Review, pursuant to Planning Code Section 317(e), requiring review of Loss of Residential Units Through Merger, of Building Permit Application No. 2012.07.19.5186, to merge two dwelling units into one dwelling unit, changing the existing two-family dwelling to a single-family dwelling in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.
Staff Analysis: Full Discretionary Review
Preliminary Recommendation: Do not take Discretionary Review and approve
SPEAKERS: None
ACTION: No Discretionary Review and approved as proposed
AYES: Fong, Antonini, Hillis, Sugaya
NAYES: Wu, Borden, Moore
DRA No: 0299
C. COMMISSIONERS’ 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.
4. Consideration of Adoption:
· Draft Minutes of Regular Meeting of November 15, 2012
SPEAKERS: None
ACTION: Adopted as Corrected
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
Commissioner Moore:
Yesterday, as well as this morning, there was an article in two different papers talking about Fresh and Easy Grocery Stores possibly closing, I am greatly concerned as we just finally found a grocery store chain, moving into areas where it has been difficult for many years. What is it that the City can/would do in order for that not to happen?
Director Rahaim:
It is obviously a private corporate decision, whether they stay open or not, the question that I think is appropriate for the City and perhaps the successor agency depending on the location, is whether other stores could fill those spaces. Those stores represent an opportunity in what have been called Food Deserts in the City for long time. I was going to talk to the Office of Economic Development to encourage them to work, if not with Fresh and Easy, at least with other potential stores that could potentially take those spaces and encourage them if they needed. If Fresh and Easy felt they needed to vacate those spaces to encourage them to sell them or lease them to another operator as opposed to walking away.
Commissioner Moore:
We talked about formula retail, large grocery stores and my observation was that Fresh and Easy and a city other than San Francisco, in other food store starved neighborhoods, I saw certain lack of relevance for the type of food the chain store offered. I am not sure this applies here, the store was quite in line with what the people needed, I would say that, because I said it then, and I say it now, perhaps the Small Business Commission is weighing in on what might be one element to consider.
Commissioner Antonini:
I agree. Seeing this in the past, with the situation where we were, after the loss, the closure of Petrinis in Stonestown, there were efforts to try to find a grocery store to go in there, eventually we got Trader Joe’s. I think it is important to go to some of the other local groceries, in particular, and see if they are interested in occupying some of these spaces, if that doesn’t happen, we don’t know, it’s only the initial report.
A couple of other items, meetings that I participated in, met with project sponsor, for item calendared today 421 Vicente Street. I have been meeting with the representative of the tenants, the property owner, the business owners for the Tacolicious on Vicente and I think those talks are going very well. Finally, in today’s calendar, I had meetings with the project sponsor and DR requestor, in regards to the project on Toledo, which is at the end of the calendar today.
Commissioner Borden:
There was an interesting article from a publication called “DINK Magazine” (Dink stands for Dual Income No Kids), San Francisco ranked first. I thought it was interesting that there was a correlation between the increase of walkable neighborhoods and amenities as those being more attractive to couples without kids, and talk about their preferences in housing type. I would be interested to look at the data, that they were looking at, because when we are talking housing and type of units, that we need to accommodate a diverse San Francisco, it would be interesting to understand that kind of data, because we often talk about what we want to see developed, and do not know if we necessarily create an incentive for that.
Commissioner Moore:
I would like to make a procedural comment and ask Commission Secretary Jonas, to weigh in. We are receiving an increased amount of email to our seven commissioner’s boxes with no cc to the Commission Secretary, or anybody on staff. That created a short cut of recording comments made as they do not become part of the public record, which they need to be. In addition to the fact that they are addressed to us individually, and if one of us wants to respond to all, we are creating, to what we refer to a non-allowed internal conversation, rather than having the Commission Secretary or the appropriate staff being the initiators of these emails. I would like to ask the public to please not send emails to us personally, but send them to the Commission Secretary and staff planners and on top of that, send them within the time frame that is more appropriate to how we work.
Commissioner Antonini:
From my point of view, they should cc to staff. I do not believe I even have a email address at the Planning Department anymore, if you want to get of hold of me, send it to my private email address, which is my only email, call me at my dental office or my cell phone. Most of you have that, certainly I try make as public as possible. Sometimes when things are sent by regular mail to the Planning Department we won’t receive it for couple weeks, until we get our packets.
Commissioner Moore:
None of the seven Commissioners seated here, has a Department email. The email that the Department uses is the same email that the public uses. Nothing else is more important than to copy the Department. That’s the way I prefer them being handled Mr. Jonas has been very good, like five minutes later, things come.
5. 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.
6. Consideration of Adoption: 2013 Planning Commission Hearing Schedule
SPEAKERS: None
ACTION: Adopted as Amended: adding January 31, cancelling March 28 and December 5
AYES: Fong, Wu, Antonini, Borden, Hillis, Sugaya
NAYES: Moore
D. DIRECTOR’S REPORT
7. Director’s Announcements
Director Rahaim:
Just two announcements, one, perhaps Tim was going to raise this, but I just want it to bring it to your attention, a hearing at Land Use next week, on two landmark designations, proposed landmark designation that were approved by the Historic Preservation Commission, one is for Jordan Bar on Third Street, and the other is for Twin Peaks Tavern on the corner of Castro and 17th Streets, both of these were individual buildings and felt to be eligible for landmark designation for a variety of reasons not necessarily, architectural quality, but for the history of what happened in these spaces. The second thing, I wanted to remind you of, kind of let you know is that legislation you passed/proposed for privately owned open public spaces, if you recall, legislation proposed by Supervisor Chiu, will be in effect next Friday, December 14th and on that date we will be unveiling the guide on our website for all 64 of those spaces, that will include photographs and maps of those spaces, and how the public can access those spaces. If you recall, the legislation also strengthened the requirement for signage for those spaces, to make clear to the public that they are available to the public, and again, that goes into effect next December 14th, and the guide will be available on our website the same day.
8. Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.
LAND USE COMMITTEE:
- At this week’s committee hearing the Land Use Committee heard the Ordinance introduced by Supervisor Campos that would allow Personal Service uses on the 3rd floor in the Valencia Street NCD. The Planning Commission considered this legislation last week at their November 29th hearing. This item was voted on consent receiving unanimous support from the Planning Commission. This week the Committee voted unanimously to forward this ordinance to the full board with a positive recommendation.
FULL BOARD OF SUPERVISORS:
- 120523 Planning Code Article 4 (TIDF Update). Introduced by Mayor Ed Lee, and co-sponsored by Supervisors Christina Olague and Scott Wiener, on Tuesday May 15, 2012. The PC considered the Ordinance on July 19.The Commission forwarded the ordinance with a positive recommendation to the Board. The Commission recommended a number of modifications. 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 would be authorized to collect and enforce the TIDF in those cases where a certificate of occupancy for a project has already been issued. After your hearing, the Committee recommended approval of the ordinance. And then, the Full Board continued the matter a couple of times without discussion. This week, Supervisor Wiener and SFMTA Board Director Joel Ramos spoke in favor of the ordinance. Supervisor Sean Elsbernd proposed an amendment to retain the existing exemption for non-profit sponsors, which the original legislation had proposed to remove. Supervisor Chu spoke against the amendment. Supervisors Campos and Chiu expressed support for the amendment, and felt that discussions about whether to exempt non-profit uses should occur through the Transportation Sustainability Program, which is proposed to replace the TIDF. Supervisor Wiener said that these TSP discussions would begin in January. The proposed amendment passed on a vote of 9-2, with Supervisors Wiener and Chu dissenting. The overall legislation, as amended, passed unanimously on first 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.
- Efficiency Dwelling Unit cap and Common Space Requirement. On November 15, this Commission considered this Ordinance sponsored by Supervisor Wiener . It would amend the Planning Code to define this housing type and cap the number of these units that may be approved at 375. The Ordinance would require the Department provide a report to the Board after 325 units had been approved so that the Board could determine if more such units should be permitted. It also required an interior common space requirement. The Commission, recommending approval to the Board with the following modifications:
o Refine the concept of a cap on how many units may be approved and develop a rigorous reporting structure.
o Do not add a new definition to the Planning Code.
o Replace the max. requirement for interior common space with a minimum requirement.
Supervisor Wiener amended the legislation and incorporated two of your modifications so that the proposed Ordinance now requires a minimum of 10 square feet of common interior open space per unit, and the proposed new common space requirement has been relocated. The proposed Ordinance still includes a cap of 375 units, and does add a new definition for Efficiency Dwelling Units to the Planning Code. With those amendments, this week the Board passed the Ordinance on FINAL reading. BF 120996
- Definition of Efficiency Unit. Also this week the Board passed the final reading of the associated Building Code amendment that would allow the size of efficiency dwelling units to be as small as 220 sf. BF 120191
- 120352 This week was also the FINAL hearing for the Housing Production and Reports Ordinance, sponsored by Olague. This Ordinance was before you on June 28 and approved with modifications. After being continued twice at the Full Board, this item was heard on first reading on Nov. 20th. Supervisor Olague had adopted most all the modifications recommended by this Commission and worked closely with staff and the Planning Director to make some minor changes. Supervisor Wiener had voted against this item in Committee and had proposed amendments to the Ordinance, to present the housing production summary (dashboard) for projects with 5 units or more when they go the Historic Preservation Commission. This amendment was passed without opposition. However, supervisor Weiner had also proposed to amend the Ordinance to include housing production information for household groups earning 120%-150%, calling this group “middle income”. While Supervisor Olague agreed with providing this information, she objected the title of middle income for households earning 120% and 150%, and proposed to remove the title “middle income” to be removed. Her amendment was passed 8 to 3. However, Supervisor Wiener still expressed interest in support of this legislation with the rest of his amendments that were passed previously and therefore the Ordinance was passed unanimously.
- This week the Mayor’s appointment of Darryl Honda to the Board of Appeals was approved. 121087
INTRODUCTIONS:
- 121178 Hearing request for an additional presentation from the Planning Department, Mayor's Office, and Municipal Transportation Agency on San Francisco's participation in the long-awaited electrification of Caltrain and the future High Speed Rail. Cohen. Wiener.
- 121162 Ordinance amending the Inclusionary Affordable Housing Program, Updates, and Clarifications. amending the San Francisco Planning Code, Section 401, and provisions of the Inclusionary Affordable Housing Ordinance, Sections 415 et seq., to update and clarify provisions of the Inclusionary Affordable Housing Program by providing a cap on rent increases; clarifying the timing of off-site developments; requiring rental units that convert to ownership to sell at less than the price for ownership units under certain circumstance; establishing pricing for affordable Single Room Occupancy units; changing the status of projects using California Debt Limit Allocation Committee tax exempt bonds so that such projects are subject to the Program, but that units may qualify as on or off-site units under certain circumstances; allowing income levels of qualifying households to exceed those specified in certain situations; authorizing the Mayor’s Office of Housing to charge a monitoring fee to verify occupancy of affordable units; and making technical clarifications and corrections. Mayor Lee.
- 121104 Doelger Building Landmark. Ordinance designating 320-326 Judah Street (the Doelger Building), Assessor’s Block No. 1763, Lot Nos. 020 and 021, as a Landmark under Article 10 of the San Francisco Planning Code; and adopting General Plan, Planning Code Section 101.1, and environmental findings.
- Extensions
- 121177 Extension for Fillmore NCD (BF 120814)
- 121136 Extension for Upper Market Zoning Map (BF 120902)
- 121135 Extension for Upper Market Text (BF120901)
- 121129 Extension for Art and Design Educational SUD at 1111 Eight Street (BF 111278)
BOARD OF APPEALS:
The Board of Appeals met last night. It was actually the first meeting we had five members for quite some time as Commissioner Daryl Honda, who was_____ last week, has his first meeting with Board of Appeals last night, he has a story been an small business owner and currently works in real estate. The Board did hear two items that might be of interest to the Commission. The first one was a Letter of Determination that was appeal to the Board for 33 Cambon. This letter of termination, found at the property within 1000 ft. of the Merced High Playground, which contains a recreation facility primarily dedicated to 18 and under, which it makes this location not suitable under the Planning Code for a Medical Cannabis Dispensary. We first issued this termination on 2010, issued another one early this year for different proposed operator. They did not appeal either of those two terminations. They issued third one that they appeal to the Board. The appellant acknowledged that the location was within 1000 ft. of the playground as _____ was, but argued, because it was a longer walk more than a 1000 ft. and was separated by 19th Avenue, these circumstances made an ideal local for MCD. We were very clear that the Planning Code says within 1000 ft. is not longer eligible location.
HISTORIC PRESERVATION COMMISSION:
The HPC unanimously approved the request for Certificate of Appropriateness for Landmark 130 – the former Hibernian Bank. The Certificate of Appropriateness includes seismic light safety, fire and accessible upgrade, for a potential new assembly use for the building, exterior alterations; include the construction of two new penthouse structures, a new elevator override, the dropping of three seals on the side elevation for emergency access. The HPC approved the project with the conditions of approval outlined by staff and also include one additional condition that the property owner, either restore the existing neon Hibernian Bank sign or remove that and restore the historic Hibernian Bank sign, that is located on the building just behind that neon sign. The HPC also unanimously voted to start the designation process for the 87 properties located within the proposed Duboce Park Landmark District. The Landmark District is bounded by Whaler, Steiner and Scott Streets, and the northern boundaries of Duboce Park. There were a good number of public testimonies, both in favor and in opposition of the proposed landmark district, but the HPC recognized the Department’s community outreach efforts as well as Supervisor Weiner’s efforts and recent amendments to the Mills Act Program to incentive local designations. The second hearing in the proposed designations will be before the HPC on December 19 and then it will schedule for the Planning Commission review early next year. HPC also continued the review of the CEQA appeals amendments, after a long discussion, not only with Department’s staff and the City Attorney, the HPC voted or passed a motion, basically supporting the Planning Commission motion on the item. Those comments will be forward to the Board of Supervisors, when they take up the matter and will be forward to Supervisor Weiner for consideration. HPC also, re-delegated the Administrate Certificate of Appropriateness Process to the Planning Department staff. This delegation allows for staff review and approval of certain scope of work for landmark buildings. HPC again acknowledged the success of the delegation, the expanded the scope of work that are delegated back to staff, and extended the delegation for 2 additional years. Finally, HPC had an informational presentation and discussion about social-cultural heritage documentation, this is particularly focus on the documentation occurring within the West Soma Area Plan, and the Japantown Community Effort, HPC discussed development incentive along with the potential documentation and designation of this resources, since they don’t followed the traditional model of local landmark designation, because often associate with intangible events, like festivals and parades. The Commission addressed the Department current work in Japantown and West Soma and members from both communities were present and discussed the importance of the work, that this Department and the communities are currently engaged. HPC passed a motion of intent recognizing the Planning Department develop a comprehensive approach to incentivsing these cultural resources citywide. We are going to continue with HPC on these proposal, they would like to bring this proposal to the Planning Commission for your comments on the item and then forward it to the Board of Supervisors.
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: Linda Chapman, Dino Adelfio, Sue Hestor, Henry Karnilowicz, Mike Tally, Andrew Gregg
F. REGULAR CALENDAR
9. 2012.1314T (A. STARR: (415) 558-6362)
AMENDMENTS TO THE PLANNING CODE, AMENDING SECTION 166 TO ALLOW ADDITIONAL CAR SHARE PARKING SPACES [BOARD FILE NO. 12-0900] - Ordinance amending the San Francisco Planning Code 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.
Preliminary Recommendation: Approval with Modifications
SPEAKERS: Andres Powers, Dan Grossman, Sue Vaughn
ACTION: Approved with Modifications
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
RESOLUTION: 18755
10. 2008.0877E and 2007.1035E (A. CONTRERAS: (415) 575-9044)
WESTERN SOMA COMMUNITY PLAN, REZONING OF ADJACENT PARCELS, AND 350 EIGHTH STREET PROJECT - Certification of the Final Environmental Impact Report. The proposed project consists of three components: 1) The first component is the Draft Western SoMa Community Plan, which covers an irregularly shaped plan area consisting of two connected areas: one roughly bounded by 13th, Bryant, Seventh, and Minna Streets, and the second area roughly bounded by Townsend, Fourth, Harrison, and Seventh Streets. The plan would require amendments to the San Francisco General Plan as well as changes to use and height and bulk controls in the San Francisco Planning Code. The plan also includes policies for transportation improvements. 2) The second component is the rezoning of approximately 46 parcels adjacent to the Plan Area (generally bounded by Seventh, Ninth, Mission, and Minna Streets) in order to reconcile their use districts and height and bulk districts with those of the neighboring properties. 3) The third component is a proposed mixed–use development at 350 Eighth Street (Block 3756, Lots 3 and 15) that would include approximately 444 dwelling units, 33,650 sq. ft. of commercial space, 8,150 sq. ft. of light industrial/artist space, and 1,350 sq. ft. of community space.
NOTE: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on August 6, 2012. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission during the Public Comment portion of the Commission calendar.
Preliminary Recommendation: Certify the Final EIR
SPEAKERS: None
ACTION: Certified
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
MOTION: 18756
11. 2008.0877EMTUZ (C. TEAGUE: (415) 575-9081)
WESTERN SOMA COMMUNITY PLAN – ADOPTION ACTIONS – The Planning Department is seeking to adopt the Western SoMa Community Plan. Adoption of the Plan will consist of the following actions below.
a. 2008.0877EMTUZ (C. TEAGUE: (415) 575-9081)
WESTERN SOMA COMMUNITY PLANN - Adoption of California Environmental Quality Act (CEQA) Findings - Consideration of a Motion making CEQA Findings for actions in connection with the Western SoMa Plan. The CEQA Findings include a statement of overriding considerations; reasons for rejection of alternatives to the proposed Plan; and a mitigation monitoring program associated with the approval of the Western SoMa Plan.
Preliminary Recommendation: Adoption
ACTION: Adopted
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
RESOLUTION: 18757
b. 2008.0877EMTUZ (C. TEAGUE: (415) 575-9081)
WESTERN SOMA COMMUNITY PLAN -- ADOPTION OF AMENDMENTS TO THE GENERAL PLAN - Staff will request the Planning Commission consider approving a Resolution to Adopt Amendments to the General Plan necessary to adopt the Western SoMa Community Plan, including amendments to the Housing and Commerce & Industry Elements, and Land Use Index, and incorporation of the new Western SoMa Area Plan. This Resolution also includes General Plan consistency findings, Section 101.1 priority policy findings and environmental findings.
Preliminary Recommendation: Adoption
ACTION: Adopted
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
RESOLUTION: 18758
c. 2008.0877EMTUZ (C. TEAGUE: (415) 575-9081)
WESTERN SOMA COMMUNITY PLAN -- ADOPTION OF AMENDMENTS TO THE PLANNING CODE - Staff will request the Planning Commission consider approving a Resolution to Adopt Amendments to the Planning Code necessary to adopt the Western SoMa 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. Planning Code text amendments would revise controls including but not limited to those for land use, height and bulk, density, open space, parking, and impact fees; and make related amendments to the Planning Code necessary to implement the General Plan as proposed to be amended pursuant to the Western SoMa Plan. This Resolution also includes General Plan consistency findings, Section 101.1 priority policy findings and environmental findings.
Preliminary Recommendation: Adoption
ACTION: Adopted
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
RESOLUTION: 18759
d. 2008.0877EMTUZ (C. TEAGUE: (415) 575-9081)
WESTERN SOMA COMMUNITY PLAN -- ADOPTION OF AMENDMENTS TO THE ZONING MAPS - Staff will request the Planning Commission consider approving a Resolution to Adopt Amendments to the Zoning Maps necessary to adopt the Western SoMa Community Plan, including amendments to Maps ZN1, ZN7, ZN8, HT1, HT7, and HT8. This Resolution also includes General Plan consistency findings, Section 101.1 priority policy findings and environmental findings.
Preliminary Recommendation: Adoption
ACTION: Adopted
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
RESOLUTION: 18760
e. 2008.0877EMTUZ (C. TEAGUE: (415) 575-9081)
WESTERN SOMA COMMUNITY PLAN -- ADOPTION OF AMENDMENTS TO THE ADMINISTRATIVE CODE - Staff will request the Planning Commission consider approving a Resolution to Recommend Amendments to the Administrative Code necessary to adopt the Western SoMa Community Plan. Amendments to the Administrative Code include amendments to Chapter 10E to incorporate the Western SoMa Area Plan into the implementation and monitoring requirements for the Eastern Neighborhoods.
Preliminary Recommendation: Adoption
ACTION: Adopted
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
RESOLUTION: 18761
f. 2008.0877EMTUZ (C. TEAGUE: (415) 575-9081)
WESTERN SOMA COMMUNITY PLAN – PROGRAM IMPLEMENTATION DOCUMENT - Staff will request the Planning Commission consider approving a Resolution to Recommend Approval of a Program Implementation Document. The Western SoMa Community Plan Program Implementation Document provides an inventory of public improvements and a recommended funding program to implement these improvements. This document will guide the Board of Supervisors, Planning Commission, and Interagency Plan Implementation Committee in expending revenues to implement Plan-related public improvements.
Preliminary Recommendation: Adoption
SPEAKERS: For items 11a – 11f: Jim Meko, Ani Bordenian, Joe Harvey, Chris Harvey, Terri Willson, Steve Goodman, John Goldman, Mark Demolanta, Chris Schaffer, Tim Collen, James Joanidas, Peter Cohen, John Kevlin, Abigail Fitzgeral, Scott Kuiper, Tim Quail, Jerry Crowley, Barbara Vickroy, Jeffrey Miller
ACTION: Endorsing Option 4 and Historic Preservation Amendments as indicated by Com. Sugaya; Endorsing Option 3B for the 11th Street corridor, grandfathering only the 340 11th Street project; Adopting the Central Corridor Resolution as amended and read into the record by Com. Antonini; Endorsing Staff to consider a legitimization of uses Policy; Endorsing Affordable Housing modification as proposed by staff; Adopting recommendations submitted by the HPC; and
Approving Childcare in the RED;
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
RESOLUTION: 18762
12. 2007.1035CK (D. SANCHEZ: (415) 575-9082)
350 8TH STREET - northwest corner of 8th and Harrison Streets, with frontage on Ringold and Gordon Streets, Lots 003 and 015 in Assessor's Block 3756 - Request for Conditional Use Authorization pursuant to Planning Code Sections 121.7, 134, 135, 140, 151.1, 155, 263.29, 270, 271, 270.2, 303 and 823, for new construction of approximately 410 dwelling units, approximately 22,280 square feet of retail/commercial space, approximately 9,400 square feet of office space, approximately 10,600 square feet of arts activity/PDR space and approximately 7,780 square feet of accessory use space for the residential units within 8 new five- and six-story buildings on a site approximately 3.4 acres in size. Exceptions to Planning Code requirements will be sought for Restriction of Lot Mergers (Section 121.7), Rear Yard (Section 134), Useable Open Space (Section 135), Dwelling Unit Exposure (Section 140), Off-Street Parking (Section 151.1), General Standards as to Location and Arrangement of Loading (Section 155), Special Height Exception (Section 263.29) and Mid-Block Alleys in Large Developments (Section 270.2). An exception to the Bulk Limits requirement (Section 270, Section 271) is also requested. The project is located in the SLR (Service / Light Industrial / Residential) Zoning District and the 40-X Height and Bulk District. Under the Western SoMa Community Plan the project would be located in the WMUG (Western SoMa Mixed Use – General) Zoning District and the 55-X/65-B Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: Amir Massey, Manuel Flores, Tim Collen, Scott Kuiper, Jim Meko
ACTION: Approved with Conditions
AYES: Wu, Antonini, Borden, Moore, Sugaya
ABSENT: Fong, Hillis
MOTION: 18766
13a. 2007.0456EBKVX (K. GUY: (415) 558-6163)
181 FREMONT STREET - east side between Howard and Mission Streets; Lots 010 and 011 of Assessor’s Block 3719 - Request to Consider whether the net new shadow cast by the project on Union Square (bounded by Post, Stockton, Geary and Powell Streets, Assessor's Block 0308/Lot 001), will be adverse, and to authorize the allocation of the cumulative shadow limit for Union Square to the Project (Section 295), and Adopting Findings under the California Environmental Quality Act. The proposed project would demolish an existing three-story building and an existing two-story building, and would construct a 52-story building reaching a roof height of approximately 700 feet with a decorative screen reaching a maximum height of approximately 745 feet and a spire reaching a maximum height of approximately 800 feet, containing approximately 404,000 square feet of office uses, approximately 74 dwelling units, approximately 2,000 square feet of retail space, and approximately 68,000 square feet of subterranean area with off-street parking, loading, and mechanical space. The Project Site is located within the C-3-O (SD) (Downtown Office, Special Development) District, the 700-S-2 Height and Bulk District, the Transbay C-3 Special Use District, and the Transit Center C-3-O(SD) Commercial Special Use District.
Preliminary Recommendation: Adopt Findings that Shadow is Not Adverse
SPEAKERS: Daniel Kingsley, Lydia Henried, Jim Haas, Tim Collen,
Michael Theriot
ACTION: Adopted Findings
AYES: Wu, Antonini, Borden, Hillis, Sugaya
NAYES: Moore
ABSENT: Fong
MOTION: 18763
13b. 2007.0456EBKVX (K. GUY: (415) 558-6163)
181 FREMONT STREET - east side between Howard and Mission Streets; Lots 010 and 011 of Assessor’s Block 3719 - Request for Allocation of Square Footage pursuant to Planning Code Sections 321 and 322 (the Annual Office Development Limitation Program). The proposed project would demolish an existing three-story building and an existing two-story building, and would construct a 52-story building reaching a roof height of approximately 700 feet with a decorative screen reaching a maximum height of approximately 745 feet and a spire reaching a maximum height of approximately 800 feet, containing approximately 404,000 square feet of office uses, approximately 74 dwelling units, approximately 2,000 square feet of retail space, and approximately 68,000 square feet of subterranean area with off-street parking, loading, and mechanical space. The Project Site is located within the C-3-O (SD) (Downtown Office, Special Development) District, the 700-S-2 Height and Bulk District, the Transbay C-3 Special Use District, and the Transit Center C-3-O(SD) Commercial Special Use District.
Preliminary Recommendation: Approval with Conditions.
SPEAKERS: Same as Item 13a
ACTION: Approved with Conditions
AYES: Wu, Antonini, Borden, Hillis, Moore, Sugaya
ABSENT: Fong
MOTION: 18764
13c. 2007.0456EBKVX (K. GUY: (415) 558-6163)
181 FREMONT STREET - east side between Howard and Mission Streets; Lots 010 and 011 of Assessor’s Block 3719 - Request for a Determination of Compliance pursuant to Planning Code Section 309, with exceptions to Planning Code requirements including "Separation of Towers", “Streetwall Base”, “Rear Yard”, "Reduction of Ground-Level Wind Currents in C-3 Districts", “Limitations on Residential Accessory Parking”, "General Standards for Off-Street Parking and Loading" to create a curb cut on Fremont Street, and “Unoccupied Building Height”. The proposed project would demolish an existing three-story building and an existing two-story building, and would construct a 52-story building reaching a roof height of approximately 700 feet with a decorative screen reaching a maximum height of approximately 745 feet and a spire reaching a maximum height of approximately 800 feet, containing approximately 404,000 square feet of office uses, approximately 74 dwelling units, approximately 2,000 square feet of retail space, and approximately 68,000 square feet of subterranean area with off-street parking, loading, and mechanical space. The Project Site is located within the C-3-O (SD) (Downtown Office, Special Development) District, the 700-S-2 Height and Bulk District, the Transbay C-3 Special Use District, and the Transit Center C-3-O(SD) Commercial Special Use District.
Preliminary Recommendation: Approval with Conditions.
SPEAKERS: Same as Item 13a
ACTION: Approved with Conditions
AYES: Wu, Antonini, Borden, Hillis, Moore, Sugaya
ABSENT: Fong
MOTION: 18765
13d. 2007.0456EBKVX (K. GUY: (415) 558-6163)
181 FREMONT STREET - east side between Howard and Mission Streets; Lots 010 and 011 of Assessor’s Block 3719 - Request for a Variance from the requirements of Planning Code Section 140 (Dwelling Unit Exposure). The proposed project would demolish an existing three-story building and an existing two-story building, and would construct a 52-story building reaching a roof height of approximately 700 feet with a decorative screen reaching a maximum height of approximately 745 feet and a spire reaching a maximum height of approximately 800 feet, containing approximately 404,000 square feet of office uses, approximately 74 dwelling units, approximately 2,000 square feet of retail space, and approximately 68,000 square feet of subterranean area with off-street parking, loading, and mechanical space. The Project Site is located within the C-3-O (SD) (Downtown Office, Special Development) District, the 700-S-2 Height and Bulk District, the Transbay C-3 Special Use District, and the Transit Center C-3-O(SD) Commercial Special Use District.
FOLLOWING PUBLIC TESTIMONY, THE ZONING ADMINISTRATOR CLOSED THE PUBLIC HEARING AND WAS INCLINED TO GRANT THE VARIANCE
14. 2011.0953C (T. SULLIVAN: (415) 558-6257)
300 SOUTH VAN NESS AVENUE - southwest corner of 14th Street, Lot 001 in Assessor's Block 3548 - Request for Conditional Use Authorization for a use over 4,000 square feet in size, pursuant to Planning Code Sections 843.45, 843.76 and 303, for new construction of a 50-foot tall building containing a 20,040 square foot automotive sales dealership (d.b.a. “Audi”), located in the UMU (Urban Mixed Use) District and 58-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: Rosario Anaya, John Kevlin, Maria Ortega, Martha Sanchez, Fred Naranjo, Phillip Lesser, Ray Sloan
ACTION: Approved with Conditions
AYES: Wu, Antonini, Borden, Moore, Sugaya
ABSENT: Fong, Hillis
MOTION: 18767
15. 2010.0627C (B. FU: (415) 558-6613)
2895 SAN BRUNO AVENUE - northeast corner of the intersection of San Bruno Avenue 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
(Continued from Regular Meeting of November 15, 2012)
SPEAKERS: None
ACTION: Without hearing, continued to January 17, 2013
AYES: Fong, Wu, Antonini, Borden, Moore, Hillis, Sugaya
16a. 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
(Continued from Regular Meeting of November 8, 2012)
SPEAKERS: Jennifer, Scott Eldridge, Danielle McArthy, Jil Ertolly-Scott
ACTION: Without hearing, continued to December 13, 2012
AYES: Wu, Borden, Moore,
NAYES: Antonini
RECUSED: Sugaya
ABSENT: Fong, Hillis
16b. 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 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
(Continued from Regular Meeting of November 8, 2012)
SPEAKERS: None
ACTION: Without hearing, continued to 12/13/12
AYES: Wu, Borden, Moore,
NAYES: Antonini
RECUSED: Sugaya
ABSENT: Fong, Hillis
17. 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 November 15, 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.
NOTE: On November 8, 2012, without hearing, the Commission continued the matter to December 6, 2012, by a vote of (+5 -0). Commissioners Borden and Hillis were absent. Public hearing remains open
SPEAKERS: Dmitriy Khazansky, Project Sponsor, Mark Devincenzi, DR requestor
ACTION: A motion to Take Discretionary Review and Approve as Modified Failed, project approved as proposed.
AYES: Wu, Antonini, Borden
NAYES: Moore, Sugaya
ABSENT: Fong, Hillis
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: 7:50 PM
Adopted on January 10, 2013
