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January 10, 2013

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SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, January 10, 2013

   1:00 PM

Regular Meeting

 

COMMISSIONERS PRESENT:   Fong, Wu, Antonini, Hillis, Moore, Sugaya

COMMISSIONER ABSENT:        Borden

 

THE MEETING WAS CALLED TO ORDER BY PRESIDENT FONG AT 1:30 PM.

 

STAFF IN ATTENDANCE:  John Rahaim – Director of Planning, Scott Sanchez – Zoning Administrator, Aaron Starr, Richard Sucre, Michelle Stahlhut, Christina LaMorena, Rick Crawford, Thomas Wang, 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.

 

            ITEM No. 7 WAS CONSIDERED UNDER THIS SECTION.

 

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

 

1.     2012.1122D                                                                 (K. CONNER: (415) 575-6914)

246 2ND STREET - south side between Howard and Folsom Streets; Lot 125 and 126 in Assessor’s Block 3735 - Mandatory Discretionary Review, pursuant to Planning Code Section 317(e), of Building Permit Application No. 2012.11.21.4720, proposing to merge units 1202 (Lot 125) and 1203 (Lot 126) in an existing 91 unit building within the C-3-O (SD) (Downtown Commercial, Downtown Office Special Development) Zoning District and 320-I Height and Bulk District.

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve as Proposed

 

SPEAKERS:     None

            ACTION:           Do Not Take Discretionary Review and Approve as Proposed

AYES:              Fong, Wu, Antonini, Moore, Hillis,

NAYES:                        Sugaya

ABSENT:          Borden

DRA No.:          0302

 

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.

 

2.         Consideration of Adoption:

                       

·         Draft Minutes of Regular Meeting for December 6, 2012

·         Draft Minutes of Regular Meeting for December 13, 2012

 

SPEAKERS:     None

            ACTION:           Adopted

AYES:              Fong, Wu, Antonini, Moore, Hillis, Sugaya

ABSENT:          Borden

 

3.         Commission Comments/Questions

·         Inquiries/Announcements.  Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).

·         Future Meetings/Agendas.  At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.

 

Commissioner Antonini:

We are all very encouraged, I think, by things that we have seen in the press, regarding the building boom, commercial and residential, unfortunately, we still see many individuals in our streets and parks who are incapacitated, and often need to be cared for, on an ongoing basis by our health officials, and there seem to be a revolving door of this care.  In regard to this, I received a phone call from a firefighter, a friend of mine and who introduced me to Captain Niels Tangherlini and he has produced what I think it is an outstanding document, and is part of the public record for today. He proposes a plan of dealing with this situation, and I will be asking for the Commission to schedule a hearing to discuss, perhaps to get the Captain and others who are involved in the formulation of this document to discuss it. It proposes a solution to this problem with paramedics and other individuals from the Fire Department playing a large role in the triage system and I think it is outstanding. I think it will take a while for the public to read it and for Commissioners.  We do not need to make a decision about scheduling it today, but I will bring it up in the following weeks. I think it is a very important issue, and has been with us for decades.  I think there is a solution that is out there, I call your attention to the document in the public record and it is titled: San Francisco Plan for Dealing with Chronic Homelessness. 

 

4.         Review and Approval of Combined Commission Secretary Position Announcement and Recruitment Process - Commissioner Antonini will present this item.

 

SPEAKERS:     Shawn Sherman (DHR), Sue Hestor

 

 

D.         DIRECTOR’S REPORT

 

5.         Director’s Announcements

 

Director Rahaim:

Just to let you know, last week marked my five year anniversary in this position, and if you indulge me next week, I do have a few thoughts I would like to share with you about that milestone and about the lessons learned during the last five years.  I will do that next week.

Today, I just want to give you a couple of announcements regarding some upcoming public meetings, this week, Saturday, January 12, there will be a Public Scoping Meeting on the Sunnydale Master Plan at 10:00 am at the Sunnydale Community Room, 1652 Sunnydale Avenue. Saturday, January 12 at noon there is a Community Meeting on the Visitation Valley Schlage Lock Project, at the Ecology Environmental Center, 401 Toland Avenue, there has been a series of meetings with the neighbors on how to move forward with that plan. Tuesday, January 15, Public Scoping Meeting Piers 30-32 and Seawall Lot 330, Warriors Arena Project EIR, at 6:30 pm, at the Delancey Street Foundation, 600 The Embarcadero.

 

6.         Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.

 

LAND USE COMMITTEE: None

 

FULL BOARD OF SUPERVISORS:

  • Supervisor Chiu was re-elected to Board President.  This election to his third 2-year term by his fellow supervisors makes him the first in the history of the Board to be elected to three straight terms.

 

INTRODUCTIONS:

  • BF 130018  Deleting the Sunset Provision of the Excelsior Alcohol Restricted Use District. Avalos. Ordinance amending the San Francisco Planning Code, Section 785, to delete the sunset provision of the Excelsior Alcohol Restricted Use District; and making findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code, Section 101.1.
  • BF 130019 Chiu.  Central Subway Tunnel Boring Machine Extraction Site Special Use District.  Ordinance amending the San Francisco Planning Code by adding Section 249.70 to create the Pagoda Palace Special Use District for the property located at Assessor's Block No. 0101, Lot No. 004, known as 1731-1741 Powell Street; to facilitate the removal of the tunnel boring machines used in the construction of the Central Subway Project and to allow the construction of a previously approved mixed-use residential/retail building; amending Sectional Maps ZN 01, HT 01 and SU 01 of the San Francisco Zoning Maps to reflect the Central Subway Tunnel Boring Machine Extraction Site Special Use District; adopt findings, including environmental findings and findings of consistency with General Plan.

 

BOARD OF APPEALS:

There are two items that I think might be of interest to the Commission today.  1) 2065 Oakdale Avenue is building permit application, the old Berkeley Farm property.  There was no notice required under the Planning Code or the Building Code because is an alteration permit.  Neighbors had concerned about the removal of the building, or a portion of the building. Appears that the building contractor did not operate or making the property in best fashion, so, there were concerns about the noise from working on the property. The property is an PDR 1B zoning district, so there is no notification.  The Board upheld the permit. 2) Appeal of Letter of Termination for 800 Brotherhood Way, this is the project that the Commission heard in 2005, it had a condition of approval, the decision is now voided, is there is lapse of three years or more in the authorization, they have several years of lawsuits since 2007, they have been working on getting the appropriate permits they have tentative map approval from DPW, they also submitted building permit to the Planning Department. So, the letter of termination found they were in compliance with that condition they have not lapsed on their authorization.  There was an appeal from neighbors concerned about the project.   They was not appeal of the CU and was approved by the Planning Commission in 2005, but there was an appeal of the environmental decision and also a lawsuit on the environmental decision.

HISTORIC PRESERVATION COMMISSION:

New Mission Theater – modifications were approved

Duboce Landmark District resolution was adopted by the HPC which will be on your calendar next Thursday.

Also, it marked the last hearing for Commissioner/President Chase, who will no longer be sitting on the HPC and during this interim period Commissioner Dan Kroger has moved into the role of  President of the HPC.

 

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, Jennifer Solomon

 

F.            REGULAR CALENDAR 

 

7.         2012.1183TZ                                                                          (A. STARR: (415) 558-6362)

AMENDMENTS TO THE PLANNING CODE TO ESTABLISH THE FILLMORE STREET NEIGHBORHOOD COMMERCIAL DISTRICT [BOARD FILE NO. 12-0814] -  Ordinance amending the San Francisco Planning Code by: 1) adding Section 744.1 to establish the Fillmore Street Neighborhood Commercial District along Fillmore Street to include lots that are currently zoned NC-3 (Neighborhood Commercial, Moderate Scale), RM-3 (Residential, Mixed, Medium Density) RM-4 (Residential, Mixed, High Density), NC-1 (Neighborhood Commercial, Cluster), and RH-3 (Residential, House, Three-Family) along Fillmore Street between Bush and Fulton Streets.; 2) amending Section 151.1, a portion of Table 151.1, Section 263.20, and Section 607.1(f) to make conforming and other technical changes; 3) amending Sheets ZN02 and ZN07 of the Zoning Map to rezone specified properties to the Fillmore Street Neighborhood Commercial District; and 4) amending Planning Code Sections 201, 207.4, 207.5 702.1, 790.102 810.20, 811.20, and 811.47b based on Staff’s recommendation; and 5) adopting 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

(Continued from Regular Meeting of December 13, 2012)

 

SPEAKERS:     None

            ACTION:           Continued to April 4, 2013

AYES:              Fong, Wu, Antonini, Moore, Hillis, Sugaya

ABSENT:          Borden

 

8.         2005.0694C                                                                         (R. SUCRE: (415) 575-9108)

2554-2558 MISSION STREET - located on the west side of Mission Street between 21st and 22nd Streets, Lot 007 in Assessor’s Block 3616 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 121.1, 151.1, 253.4, 303, 304, 703.3, 703.4, and 736.11, to allow development on a lot exceeding 10,000 square feet; to allow accessory off-street parking at a ratio of .75 parking spaces for each dwelling unit; to allow a building height exceeding 65 feet along street frontage on Mission Street; to allow a formula retail use (d.b.a. Alamo Draft house) within the historic theater; and, to approve a Planned Use Development (PUD) with specific modifications to Planning Code requirements for rear yard, open space, dwelling unit exposure, and off-street freight loading. The subject property is located within the Mission St NCT Zoning District, Mission Street Alcoholic Beverage Special Use Sub district, and an 85-X Height and Bulk District. The subject property possesses a historic theater (aka New Mission Theater), which is designated as Landmark No. 245.  The proposed project includes demolition of the existing department store, new construction of an eight-story, mixed-use building with 114 dwelling units, 89 off-street parking spaces, and ground-floor commercial space, and the rehabilitation/change of use of the New Mission Theater from a single-screen theater into a five-screen theater and restaurant.  The exterior and interior alterations of the New Mission Theater are subject to Historic Preservation Commission Approval under Case No. 2006.0494A. 

                        Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     Theresa Young, Victor Marquez, Sandra Evans, Ferz Mirza, Tim Reid, David De La Torrre, Leef Smith, Chris Olson, Jonathan Goldberg, Eric Arguello, Rita Alviar, Richard Segovia, Craig Weber, Connie Ramirez-Weber, Jane Perry, Lucy Judas, Larrisa Quentjar, Pete Vallejos, Anastasia Aman-Quera, Oscar Grande, Charlie Shams, Kenda Freshman, Laura Millarenco, Wendy Phillips, Theresa, Rita Vincent, Shawn Williams, Mig Pen, Phillip Lesser, Rosario, Sam Ruiz, Ray Sloan, Nelson Alvarado, Ben Gevus.

            ACTION:           Approved with Conditions as Proposed by Staff

AYES:              Fong, Wu, Moore, Hillis, Sugaya

NAYES:                        Antonini

ABSENT:          Borden

MOTION:           18775

 

9.     2012.0505C                                                                  (M. STAHLHUT:  (415) 575-9116)

1101 FILLMORE STREET - northwest corner of Fillmore Street and Golden Gate Avenue, Lot 002 in Assessor’s Block 0755 - Request for Conditional Use Authorization under Planning Code Sections 712.83 and 303 for a proposed wireless telecommunications services facility operated by AT&T Mobility. The Wi-Fi facility would consist of one additional panel antenna concealed within a radome on the rooftop of an existing residential and commercial building. The facility is proposed on a Location Preference 2 Colocation Site (Preferred Location) within the NC-3 (Neighborhood Commercial-Moderate Scale) Zoning District and a 50-X Height and Bulk District

Preliminary Recommendation:  Approval with Conditions

 

SPEAKERS:     Aris Egerly, Mel Simmons

            ACTION:           Approved with Conditions

AYES:              Fong, Antonini, Moore, Hillis, Sugaya

ABSENT:          Borden, Wu

MOTION:           18776

 

10.  2012.0602C                                                                          (M. STAHLHUT:  (415) 575-9116)

1290 FILLMORE STREET - southeast corner of Fillmore Street and Eddy Street, Lot 019 in Assessor’s Block 0749 - Request for Conditional Use Authorization under Planning Code Sections 712.83 and 303 for a proposed wireless telecommunications services facility operated by AT&T Mobility.  The facility would consist of five Wi-Fi panel antennas concealed behind a screen mounted on the façade of an existing mixed-use building.  The facility is proposed on a Location Preference 4 Site (Preferred Location Site) within the NC-3 (Neighborhood Commercial-Moderate Scale) Zoning District and a 130-B Height and Bulk District

Preliminary Recommendation:  Approval with Conditions

 

SPEAKERS:     Aris Egerly, Mel Simmons

            ACTION:           Approved with Conditions

AYES:              Fong, Antonini, Moore, Hillis, Sugaya

ABSENT:          Borden, Wu

MOTION:           18777

 

11.  2012.1245C                                                                         (M. STAHLHUT:  (415) 575-9116)

1426 FILLMORE STREET - east side of Fillmore Street between Geary Boulevard and Ellis Street, Lot 029 in Assessor’s Block 0725 - Request for Conditional Use Authorization under Planning Code Sections 712.83 and 303 for a proposed wireless telecommunications services facility operated by AT&T Mobility.  The Wi-Fi facility would consist of six additional panel antennas concealed within two radomes on the rooftop of an existing wholly commercial building.  The facility is proposed on a Location Preference 4 Site (Preferred Location Site) within the NC-3 (Neighborhood Commercial-Moderate Scale) Zoning District and a 160-F Height and Bulk District

Preliminary Recommendation:  Approval with Conditions

 

SPEAKERS:     Aris Egerly, Mel Simmons

            ACTION:           Approved with Conditions

AYES:              Fong, Antonini, Moore, Hillis, Sugaya

ABSENT:          Borden, Wu

MOTION:           18778

 

12.        2011.1368C                                                                    (M. STAHLHUT:  (415) 575-9116)

2121 19TH AVENUE - west side between Quintara and Rivera Streets, Lot 033 in Assessor’s Block 2198 - Request for Conditional Use Authorization under Planning Code Sections 209.6(b) and 303 for a proposed wireless telecommunications services facility operated by AT&T Mobility.  The facility would consist of up to nine antennas on the rooftop and associated equipment located within a ground floor storage area of an existing wholly commercial building.  The facility is proposed on a Location Preference 7 Site (Disfavored Site) within the RH-2 (Residential – House, Two Family) Zoning District and a 40-X Height and Bulk District

Preliminary Recommendation:  Approval with Conditions

 

SPEAKERS:     None

            ACTION:           Approved with Conditions

AYES:              Fong, Antonini, Hillis, Sugaya

ABSENT:          Borden, Moore, Wu

MOTION:           18779

 

13.        2012.1031C                                                                  (R. CRAWFORD: (415) 558-6358)

1515 SLOAT BOULEVARD - south side between Sunset Boulevard and Springfield Drive (Westlake Shopping Center); Lot 002 in Assessor’s Block 7255 - Request for Conditional Use Authorization, pursuant to Planning Code Section 303(i), 703.4, formula retail,  to allow the legalization of a formula retail, (d.b.a. Sushi Avenue) inside the existing Lucky grocery store, within the Neighborhood Commercial - Shopping Center District (NC-S), the Lakeshore Plaza Special Use District and a 26-40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     None

            ACTION:           Approved with Conditions

AYES:              Fong, Antonini, Moore, Hillis, Sugaya

ABSENT:          Borden, Wu

MOTION:           18780

 

14.        2012.1156D                                                                   (C. LAMORENA: (415) 575-9085)

1265-1267 BAY STREET - south side between Gough and Franklin Streets; Lot 015A in Assessor's Block 0473 - Request for Discretionary Review of Building Permit Application 2012.04.24.9016, proposing to add a third dwelling unit and construct a horizontal addition consisting of a three-story component and a two-story component which includes a covered deck at the second story and an open deck above, at the rear of the two-story over garage, two-unit building within the RM-1 (Residential, Mixed, Low Density) Zoning District and 40-X Height and Bulk District.

Staff Analysis: Abbreviated Discretionary Review.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

 

SPEAKERS:     Jeremy Paul, Rich Merth, Benna Shaw, Josylene Kukrasia, Mike Ridginski, Mark Topetcher, Atilio Cosegrode, Jerri Banvolan,

            ACTION:           Do Not Take Discretionary Review and Approve

            AYES:              Fong, Antonini,  Moore, Hillis, Sugaya

ABSENT:          Borden, Wu

DRA No:           0303

 

15.        2012.0240D                                                                  (R. CRAWFORD: (415) 558-6358)

4066 26TH AVENUE - north side between Noe and Sanchez Streets; Lot 044 in Assessor’s Block 6553 - Mandatory Discretionary Review, pursuant to Planning Code Section 317(e), of Building Permit Application No. 2012.0613.2470, proposing to reconfigure the existing two-story, two-unit residential building to a one-unit residential building within the RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District.

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

 

SPEAKERS:     Jonathan Kaplan

            ACTION:           Do Not Take Discretionary Review and Approve

            AYES:              Fong, Antonini, Moore, Hillis

            NAYES:            Sugaya

ABSENT:          Borden, Wu

DRA No:           0304

 

16.        2012.1394D                                                                          (A. PUTRA: (415) 575-9079)

1325 PORTOLA DRIVE - south side between San Lorenzo Way and Santa Clara Avenue; Lot 036 in Assessor’s Block 2987A - Request for Discretionary Review of Building Permit Application (BPA) No. 2012.03.27.6917, which is a revision to currently suspended BPA Nos. 2006.09.06.1483 and 2010.11.18.5221 for the new construction of a single-family dwelling on a vacant lot.  The project is to accurately depict the building height relationship between the proposed dwelling at 1325 Portola Drive and the adjacent dwelling at 1337 Portola Drive to fully comply with 311 notification requirements.  The project does not involve any enlargement to the originally approved dwelling is located within the RH-1(D) (Residential, One-Family, Detached) Zoning District, and 40-X Height and Bulk District.    

Staff Analysis: Abbreviated Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

 

SPEAKERS:     DR Requestor Sofia New

            ACTION:           Do Not Take Discretionary Review and Approve

            AYES:              Fong, Antonini, Moore, Hillis, Sugaya

ABSENT:          Borden, Wu

DRA No:           0305

 

17.        2012.0873D                                                                           (T. WANG: (415) 558-6335)

1587 18TH AVENUE - on the west side of 18th Avenue between Kirkham and Lawton Streets; Lot 003H in Assessor’s Block 1864 - Request for Discretionary Review of Building Permit Application No. 2011.08.18.2691, proposing to construct a third-story vertical addition to an existing two-story, single-family dwelling within an RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District.

Staff Analysis: Abbreviated Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

 

SPEAKERS:    Tim Pearson, Asunta Young, Ken Schafer, Arnold Eisenberg, Istka Poslawski, Irina Poslawski, Janet Haas, Christopher Watsman, Diane Budd, Jeff Haas, John Kevlin, Lane Woo, Tom Buchanan, Connie Lee, Architect

            ACTION:           Do Not Take Discretionary Review and Approve

            AYES:              Fong, Antonini, Hillis, Sugaya

            NAYES:            Moore

            ABSENT:          Borden, Wu

DRA No:           0306

 

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: 7:00 PM

 

Adopted: January 24, 2013

 
Last updated: 3/2/2016 3:23:14 PM