February 7, 2013

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, February 7, 2013

12:00 PM

Regular Meeting

                       

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

 

THE MEETING WAS CALLED TO ORDER BY PRESIDENT FONG AT 12:05 PM.

 

STAFF IN ATTENDANCE:  John Rahaim – Director of Planning, Scott Sanchez – Zoning Administrator, Doug Vu, Michelle Stahlhut, Kevin Guy, Elizabeth Watty, Aaron Hollister, Christina Lamorena, Sharon Lai, 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.

 

1.                     2013.0029X                                                                        (K. GUY: (415) 558-6163)

222  2^ND STREET, southwest corner at Howard Street, Lot 063 of Assessor’s Block 3735 - Request for a Determination of Compliance under Planning Code Section 309 (Permit Review in C-3 Districts), to grant new exceptions for Separation of Towers (Section 132.1) and Bulk Limits (Sections 270, 272) in association with a previously-approved project to demolish an existing surface parking lot and construct a new 26-story, 350-foot tall building containing approximately 430,650 square feet of office space, approximately 5,000 square feet of ground floor retail space, approximately 28,000 square feet of subterranean parking area, and approximately 8,600 square feet of publicly-accessible interior open space at the ground floor.  The design and configuration of the building have been revised, and would require new exceptions under Section 309 that were not granted by the previous approval described in Motion No. 18168 (Case No. 2006.1106X), approved by the Planning Commission on August 12, 2010. The gross floor area and height of the project would not change. The subject property is located within the C-3-O(SD) (Downtown Office, Special Development) District, the Transit Center C-3-O(SD) Commercial Special Use District, and the 350-S Height and Bulk District.

Preliminary Recommendation: Approval with Conditions.

(Proposed for Continuance to February 21, 2013)

 

Item Nos. 10a. 10b. and 10c. were also considered under this section.

 

            SPEAKERS:     Judson True, Richard Hanlin, Howard Wong

            ACTION:           Continued to February 21, 2013

AYES:              Fong, Wu, Antonini, Borden, Hillis,

NAYES:                        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

 

2.                     2012.0255C                                                                           (D. VU: (415) 575-9120)

2222 MARKET STREET - north side between Noe and Sanchez Streets; Lot 031 in Assessor’s Block 3560 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 733.56, to allow temporary parking on a portion of the accessory parking for an existing motel (d.b.a. Beck’s Motor Lodge) in the Upper Market NCT (Neighborhood Commercial Transit) Zoning District, and 40-50-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

           

            SPEAKERS:     None

            ACTION:           Approved

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

MOTION:           18796

 

3.                     2012.0691c                                                              (M. STAHLHUT: (415) 575-9116)

501 TAYLOR STREET - northwest corner of Geary and Taylor Streets, Lot 006 in Assessor’s Block 0305 - 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 sixteen antennas and associated equipment located on the rooftop of an existing mixed-use building.  The facility is proposed on a Location Preference 5 (Preferred Location Site) within a RC-4 (Residential – Commercial, High Density)) Zoning District and 80-T-130-T Height and Bulk District, the North of Market Residential Special Use District and the Fringe Financial Services Restricted Use District.

Preliminary Recommendation: Approval with Conditions

 

            SPEAKERS:     None

            ACTION:           Approved

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

MOTION:           18797

 

4.                     2011.1237c                                                                         (M. STAHLHUT: (415) 575-9116)

3110 OCTAVIA STREET - northeast corner of Octavia Street and Lombard Street, Lot 013 in Assessor’s Block 0496 - Request for Conditional Use Authorization under Planning Code Sections 710.83 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 in the basement of an existing wholly commercial hotel building.  The facility is proposed on a Location Preference 2 (Preferred Location) Site within a NC-3 (Neighborhood Commercial – Moderate-Scale) Zoning District and 40-X Height and Bulk District.  The mailed notice for this facility noted the location as northeast corner of Octavia and El Camino Real, but the agenda language has been updated to reflect the proper Assessor’s street name of Lombard Street instead of El Camino Real.

Preliminary Recommendation: Approval with Conditions

 

            SPEAKERS:     Tedi Vriheas, Joy Duffy

            ACTION:           Approved with Conditions

AYES:              Wu, Borden, Hillis, Moore, Sugaya

RECUSED:       Antonini

ABSENT:          Fong

MOTION:           18798

 

5.             2012.1351c                                                                    (M. STAHLHUT: (415) 575-9116)

1520 STOCKTON STREET - east side of Stockton Street near Green Street and Columbus Avenue, Lot 020B in Assessor’s Block 0116 - Request for Conditional Use Authorization under Planning Code Sections 722.83 and 303 for a proposed wireless telecommunications services facility operated by AT&T Mobility.  The facility consists of nine existing antennas and includes moving three existing panel antennas from the west side to the east side of the rooftop penthouse of an existing medical services building. The facility is proposed on a Location Preference 2 Site (Preferred Location) within the North Beach Neighborhood Commercial (NCD), the North Beach Special Use District (SUD), the North Beach Financial Services Restricted Use SUD, the Telegraph Hill – North Beach Residential SUD, and 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

            SPEAKERS:     Tedi Vriheas, Daniel Schwartz

            ACTION:           Approved with Conditions

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

MOTION:           18799

 

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.

 

6.         Consideration of Adoption:

                       

·         Draft Minutes for January 24, 2013.

 

            SPEAKERS:     None

            ACTION:           Adopted

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

 

7.         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 Moore:

I want to give Commissioner Antonini the benefit of explaining the purple.

Commissioner Antonini:

Thank you Commissioner Moore, it is nothing earthshaking, I was just going to say it is not a coincidence that I am wearing purple or lavender today, but I haven’t become a Ravens fan, but I would like to speak in positive tones for the City of Baltimore, and what we saw how a City came together after their Super Ball victory. But going back in time a little bit, it is an area that has had tough times economically and also in terms of football franchises. As some of you may know, the Colts were jerked out of Baltimore in the middle of the night and moved to Indianapolis some years back. Later they were able to recapture their own football franchise and were actually at the expense of the Cleveland Browns, but it was done the right way. The Cleveland Browns’ name and color stayed in Cleveland, and the team that was the Cleveland Browns moved to Baltimore became the Ravens. Subsequent to that, in that same time frame, I think what we can credit Baltimore for is the renaissance of inner-city stadiums with the building first of Camden Yards, which was the first of the new, old-style baseball stadiums that were located not in suburban parks, but in the middle of cities and we are the beneficiary of their vision because subsequent to that a lot of other parks were built in the middle of cities and most noticeably for us AT&T Park, which has been a wonderful asset for us. They also built a new football stadium just a few hundred yards or maybe 1,000 yards or so away from Camden Yards at the end of previous train yards and proved to be a great benefit for the city of Baltimore. I commend them for their vision in this issue, but I'm also happy for them even though I am very sad for us having lost the game. I have to acknowledge some of the leadership and some good choices that were made in the past that set the tone for stadiums being within the middle of cities.

Commissioner Moore:

Now I know. There must be a Baltimore leaning seeing City Attorney Burns and Commissioner Wu also wearing purple. On another matter, this is to the Director.  There is an article in today’s Business Times saying new tech friendly Transbay Tower may come too late for Google, speaking about potential redesigns of the lower floors of the Transbay Tower. I also heard that Salesforce might be looking for a building we approved on the corner of Mission and Fremont.  Anyone of those streets down there.  If there are updates as they pertain to changes in building I think the Commission would be very interested to get a general update from you on those matters. So that we know when the public approaches us what needs to come back, what we are extending entitlements to, etc. That will be my comment. If you have not seen the article I would be happy to pass it on to you.

Commissioner Borden:

Not to belabor the football points, but I actually grew up in Baltimore. So, thank you Commissioner Antonini.  The City did lose its team in 1983 in a snowstorm on a Mayflower Truck.  Mayflower actually went out of business in Maryland as a consequence of that.  There has been a tremendous rebirth and revitalization not only downtown, but all along the waterfront there and what’s actually been really interesting, there’s two interesting dynamics of that City, they really embrace biotech medical science, but the second thing is the Johns Hopkins University has really helped to develop large swaths of the City. They see it as their larger civic duty to help make Baltimore a better city.  It is a really positive example of how --  an institution can work positively with the City, to make a really positive outcome in providing housing not just for the students, but beyond and revitalizing neighborhoods. If there is something to learn from Baltimore that’s something.

 

D.         DIRECTOR’S REPORT

 

8.         Director’s Announcements

 

Director Rahaim:

Thank you, Jonas. Commissioner Moore, on that one question that you raised about 350 Mission, I did meet with the new owners of the project. They are planning on moving ahead with the project as designed and approved by the Commission, that project will not see any changes. Salesforce will be the primary sole occupant. They are not proposing any design changes, as of this time I haven’t heard anything.

Commissioner Moore:

I am saying it because you were quoted in the paper many many weeks ago, as saying that if they want to add two or three stories that is fine with me. Somebody might have put words in your mouth. But, if that would be the case, I assume that this Commission would like to know and so would the public because I am sure you did not say that.

  
Director Rahaim:

Well, no and if they did add some floors, they would have to come back to you of course, so that we can certainly work on that. I have not heard about changes to the Transbay Tower. Secondly I want to let the Commission know that we are working on a couple of memos that you asked for. One, the information about Interstate 280 that had come up a couple of weeks ago, we are working on that as well.  That concludes my report unless you have questions.

           

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

 

LAND USE COMMITTEE:

• On Jan 28, the LU Committee considered an amendment to the Subdivision Code, sponsored by Supervisor Farrell and co-sponsored by Supervisor Wiener.  This item was not heard by this commission but has garnered great interest from both TIC owners and tenant advocates about the appropriate future of this housing stock.  Since, this isn’t a Planning Code ordinance I’d like to give you a quick overview of the existing law.  The City’s Subdivision Code limits the conversion of apartments and Tenancy-In-Commons into condos to no more than 200 per year through a lottery process.  To qualify for the lottery, occupants must live in the building for at least three years.  Supervisor Farrell’s proposal would allow those who participated in the 2012 or 2013 lotteries to by-pass a 2014 lottery if they pay a $20k fee.  This fee would be paid to the Mayor’s Office Home Ownership Assistance Loan Fund. Provisions in the ordinance would allow a reduction in the $20k fee by 20% for each year before 2013 that the building participated in but lost the lottery.  Tenants in the building who did not purchase a condo could receive a lifetime lease (enforceable by DPW and MOH).  Where tenants did take a lifetime lease, additional refunds could be granted.  This is the basic summary of the proposal. The hearing at Committee lasted nearly four hours and did not result in a vote. Supervisors Farrell and Wiener expressed concern for affordable homeownership opportunities and said this presented a reasonable balance of city goals: increasing homeownership while increasing tenant protections with the lifetime lease. During the hearing DPW staff stated that there are roughly  2500 TIC units seeking conversion and that the lottery bypass wait can be more than a decade.  Supervisor Kim noted that 2-unit TICs are converted to condos without the lottery process so the true number of units converted to condos is much higher than 200/year—she stated that the actual conversions were 5956 units in the last 10 years or closer to 600 units/yr. The City Attorney stated he felt the lifetime tenant protections were consistent with both Costa-Hawkins and the Ellis Act and the recent Palmer decision—although this has not yet been litigated. CAO also said that converting a TIC to Condo increases value of the unit by about $45k and that this combined with the other advantages such as reduced wait would off-set the burden of the lifetime lease.  Supervisor Kim, a new member of the LU Committee, expressed concern that this would be litigated and costly for the City, even if it survives lawsuit.  Board President Chiu, also a new member of the LU Committee, stated while the nexus study would support a $20k impact fee for a $300k unit- more expensive units could support a larger fee: including a fee of $30 for a$400k unit, and $35k for a $500k unit. Further with reductions, the legislation would allow the $20 fee to be reduced by 80%.  Chiu stated that he opposed the legislation and requested a continuance to Feb. 25 so that negotiations could take place.  The negotiations will include Supervisors on the Committee and both those from tenants’ rights groups and TICS owners.  A new ordinance is expected to be developed prior to the Feb. 25 LU hearing date.
• This week:  120900 Car-Share Parking Spaces.   Supe. Wiener.  The Commission heard this on December 6th hearing.  At that time you recommended approval with modifications including:

1.             Allow existing soft site car-share spaces that have been in place for a year or more to be retained in new development without reducing the permitted levels of private parking.

2.             Cap the maximums for voluntary car-share spaces in residential[1] and commercial[2] buildings.  

3.             Require signage above or next to each additional car-share space[3].

4.             Amend the legislation to state that any optional car-share spots covered by this Ordinance shall only be allowed for projects that do not seek a Conditional Use to increased parking.

5.             Consider new legislation allowing MTA to enforce parking on private property or provide the Planning Department with more enforcement and citation power to better monitor these spaces.

At the hearing, SFMTA spoke in support of taking on responsibility for enforcing parking violations of the Planning Code. Supervisor Wiener indicated that he will be in conversation with both Departments to explore these ideas.   Our department is to develop the signage requirements for car-share.  There were three speakers in opposition and one speaker in support.  Board President Chiu a new member of the LU Committee expressed concern over enforcement, stating enthusiasm for development of new enforcement methods. The ordinance was unanimously recommended for approval to the Full Board.       

 

FULL BOARD OF SUPERVISORS:

INTRODUCTIONS: We have a host of new introductions.

 

BOARD OF APPEALS:

No Report

HISTORIC PRESERVATION COMMISSION:

The HPC Commission began with President Damkroger appointing three members to the Architecture Review Committee which is a Subcommittee of the HPC focused mainly on design review for landmark properties. President Damkroger appointed herself as well as Commissioners Haas and Wolfram to that
Committee. The Department also presented our proposed the 2013-2015 Work Program for HPC recommendation.  This Work Program will be before you in next week’s hearing on February 14th. The HPC voted in support of the Work Program with several modifications. One was to increase staff allowed for community initiated surveys and landmark designations above the current .05 FTE. To also identify funding sources and staff time to complete historic resource surveys initiated by the former Redevelopment Agency.  Lastly to identify additional funding sources for the development of San Francisco Context Space Historic Design Guidelines. Our Finance Division is looking into these recommendations and will present to you next week. The HPC also provided recommendation on the fulfillment of mitigations measures outlined in the 55 Laguna Project EIR. The HPC reviewed the adequacy of documentation of the site. Which was largely ??? documentation.  This documentation includes a narrative description of the site, photos of the existing buildings and their existing condition as well as measured drawings. Other mitigation also includes mural investigation and testing of several historic murals located on the property and an updated historic window into our survey. The HPC endorsed all of this work to date.  In fulfillment of mitigation with a few minor modifications. The HPC's recommendation will be forwarded to the Department’s Environmental Review Officer for finalization. The HPC also recommended approval of an amendment initiated by the Planning Commission at last week’s hearing regarding a change of zoning to the fire house located in the Dogpatch District, this property will change from P (Public) Zoning to UMU (Urban Mixed Use), which is the predominant surrounding zoning not only within the Dogpatch Landmark District, but outside of that District.  Both the Planning Commission and the HPC recommendations will be forwarded to the Board of Supervisors. The Commission also requested a special hearing on 900 Innes, this is Landmark 250 the Shipwright’s Cottage located in the Bayview. This week the Department of Building Inspection scheduled its own hearing regarding a series of outstanding violations on the property, particularly in violation of the Vacant and Abandoned Building Ordinance. That hearing was continued to March 7th. In the meantime, the Historic Preservation Commission invited the property owner, members of the community and discussed with Department staff on ways to remedy these outstanding violations and in particular, find additional funding sources to put a new roof on the building and secure the structure from continued vandalism and repair. By the end of the hearing Commissioner Hasz, volunteered to work with SF Architectural Heritage, the property owner and the community to look for these other funding sources to obtain a few cost estimates for a new roof. The HPC will now have regular updates on this property to ensure that everyone keeps focus on the repair effort and we'll certainly keep you all updated as well. The Commission endorsed the Department Certified Local Government annual report that follows the preservation activities of the Department and the HPC from September 2011 through October 2012. It also outlines goals for the upcoming year. A copy of this final report will be sent to the Planning Commission and should be finalized by the end of this week. Finally, yesterday Mayor Lee signed the landmark designation ordinances for both Twin Peaks Tavern and Sam Jordan's Bar. The ceremony included the owners, not only the business owners, but the property owners, Supervisors Cohen and Wiener, members of the Planning Department staff and the Historic Commission.

 

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.  However, for items where public comment is closed this is your opportunity to address the Commission.  With respect to all other 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, Howard, Wong, Joan Wood, Mark Bruno, Michael Barrett, Lance Carnes

 

F.            REGULAR CALENDAR 

 

10a.      2013.0050CTZ                                                                          (K. GUY: (415) 558-6163)

1731 POWELL STREET - southwest corner at Columbus Avenue; Assessor’s Block 0101, Block 004 – Request for Zoning Text Amendment (Section 302) to establish the “Central Subway Tunnel Boring Machine Extraction Site Special Use District” (SUD) on the property. The SUD would allow the demolition and reconstruction of an existing vacant theater  (formerly known the “Palace” or “Pagoda” Theater), at a height and program of uses authorized by a previously-approved project (Case No. 2007.1117C; Motion Nos. 17797, and 18204) to rehabilitate the building to a five-story over basement mixed-use project containing up to 18 dwelling units, a restaurant measuring approximately 4,000 square feet, additional ground-floor commercial space measuring approximately 1,000 square feet. Following demolition of the existing building, and prior to the construction of the new mixed-use building, the site would be utilized for extraction of a tunnel boring machine associated with the Central Subway project. The SUD would modify specific Planning Code regulations related to off-street parking, rear yard, ground-floor ceiling heights, dwelling unit exposure, signage, allowing a restaurant use at the property, and other provisions of the Planning Code.

Preliminary Recommendation: Adoption

 

            SPEAKERS:     Judson True, Richard Hanlin, Howard Wong

            ACTION:           Continued to February 14, 2013

AYES:              Fong, Wu, Antonini, Borden, Hillis,

NAYES:                        Moore, Sugaya

 

10b.      2013.0050CTZ                                                                          (K. GUY: (415) 558-6163)

1731 POWELL STREET - southwest corner at Columbus Avenue; Assessor’s Block 0101, Block 004 - Request for Height Reclassification (Section 302) of Zoning Map HT01 to reclassify the property from 40-X Height and Bulk District to a 50-X Height and Bulk District. Following the issuance of mailed and published notification for this item, substitute legislation was introduced by the Board of Supervisors to reclassify the property from the 40-X Height and Bulk District to the 55-X Height and Bulk District.

Preliminary Recommendation: Adoption

 

            SPEAKERS:     Judson True, Richard Hanlin, Howard Wong

            ACTION:           Continued to February 14, 2013

AYES:              Fong, Wu, Antonini, Borden, Hillis,

NAYES:                        Moore, Sugaya

 

10c.      2013.0050CTZ                                                                         (K. GUY: (415) 558-6163)

1731 POWELL STREET - southwest corner at Columbus Avenue; Assessor’s Block 0101, Block 004 - Request for Conditional Use Authorization to allow development of a lot greater than 5,000 square feet (Section 121.1), non-residential uses greater than 2,000 square feet (Section 121.2), demolition of a movie theater use (Section 221.1), and establishment of a restaurant use, including a Type 47 ABC License to provide beer, wine, and/or liquor in a Bona Fide Eating Place (Sections 722.44 and 790.142).

Preliminary Recommendation: Approval with Conditions

 

            SPEAKERS:     Judson True, Richard Hanlin, Howard Wong

            ACTION:           Continued to February 14, 2013

AYES:              Fong, Wu, Antonini, Borden, Hillis,

NAYES:                        Moore, Sugaya

 

11.        2012.0765C                                                                          (E. WATTY: (415) 558-6620)

1441 STOCKTON STREET - west side between Green and Vallejo Streets; Lot 002 in Assessor’s Block 0130 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 722.43, and 790.90, to modify the Conditions of Approval in Motion No. 17403, in order to allow an expansion of an existing Limited-Restaurant and elimination of the existing retail bookstore. The Limited-Restaurant would occupy the entire commercial space and would continue to be operated by “A. Cavalli & Co.”. The property is located within the North Beach Neighborhood Commercial District (NCD), the North Beach Special Use District (SUD), the North Beach Financial Services Restricted Use SUD, and 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

            SPEAKERS:     Darci Brown, Vincenzo Puppo, Myles O’Reilly, Daniel Schwartz

            ACTION:           Approved with Conditions

AYES:              Fong, Wu, Antonini, Borden, Hillis

NAYES:                        Moore, Sugaya

MOTION:           18800

 

12.        2013.0068X                                                                 (A. HOLLISTER:  (415) 575-9078)

100 VAN NESS AVENUE - northeast corner of the intersection of Van Ness Avenue and Fell Street; Lot 020 in Assessor’s Block 0814 - Request for an amendment to the conditions of approval for a Determination of Compliance under Planning Code Section 309 (Permit Review in C-3 Districts), specifically pursuant to Proposition C (San Francisco Charter Section 16.110(g)(3)(C)), to reduce the percentage of on-site affordable units from 15% of the project’s dwelling units to 12%, for a total of 48 on-site affordable.  The previously approved project would change the use of the subject building from office to residential, renovate the interior of the building to create up to 400 residential units and approximately 6,884 square feet of ground-floor retail, and re-skin the exterior of the building, retain the off-street parking garage with 112 off-street parking spaces, one loading space, and move the parking garage entrance from Van Ness Avenue to Hayes Street.  Six new off-street parking spaces for the residential units would be added by the Project within the existing parking area.  No physical expansion of the building is proposed or would be required to accommodate the Project. The subject property is located within the C-3-G (Downtown General Commercial) Zoning District, the Van Ness and Market Residential Special Use District and 200-R2 Height and Bulk District.

Preliminary Recommendation:  Approval with Conditions

 

            SPEAKERS:     Oz Erickson, Paula Pritchard, John Hwang, Michael McKenna, Dan Adams

            ACTION:           Approved with Conditions

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

MOTION:           18801

 

13.        ENTERTAINMENT COMMISSION - Informational Presentation to discuss entertainment use procedures and processes.

 

            SPEAKERS:     Nicolas King, Vaju Gadulli

            ACTION:           Informational – No action required

 

14.        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 a 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 December 6, 2012)

 

            SPEAKERS:     John Chang, Aido Ballani, Nancy Gribbler, Martin Feinman, Kathy Nelson, Lenny San Jose, Ricardo Avalos, Brandon Blackmon, Samantha Chang, Carrolyn Alexander, Linsey Grayson, Michael J. Burke, Charles Salter, Bob Hamaguchi, Sandy Mori

            ACTION:           Continued to April 11, 2013; with the following direction:

1.   For a mutually agreed upon sound engineer or independent sound engineers along with the Entertainment Commission’s sound engineer;

2.   To determine the maximum level of noise, to the point of no disturbance for the Spa or Cinema;

3.   Costs to be shared proportionally.

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

 

15.        2012.1113C                                                                     (C. LAMORENA: (415) 575-9085)

3015 GEARY BOULEVARD - south side between Cook and Blake Streets; Lot 032 in Assessor’s Block 1089 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 703.3, and 703.4, to establish a new formula retail and limited-restaurant use (d.b.a. Domino’s Pizza) within a NC-3 (Neighborhood Commercial, Moderate-Scale) Zoning District and 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

            SPEAKERS:     Ahmad Larezada, David Wilcox

            ACTION:           Approved with Conditions

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

ABSENT:          Fong

MOTION:           18802

 

16.        2012.1193C                                                                                (S. LAI: (415) 575-9087)

1109 FILLMORE STREET - west side, northwest corner at the intersection of Golden Gate Avenue, Lot 002 in Assessor’s Block 0755 - Request for Conditional Use Authorization under Planning Code Sections 303 and 703.3, and 703.4, to establish a new formula retail and limited-restaurant use (d.b.a. Domino’s Pizza), within a NC-3 (Neighborhood Commercial District, Moderate Scale) and 50-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

            SPEAKERS:     Ahmad Larezada, Najeh Crawford, David Wilcox, Sukedeu Grewal

            ACTION:           Motion to Approve with Conditions FAILED, there was no alternate motion proposed

AYES:              Antonini, Sugaya

NAYES:                        Borden, Hillis, Moore, Wu

ABSENT:          Fong

 

17a.      2012.0109CV                                                                          (T. WANG: (415) 558-6335)

            4058-4060 18^th STREET - on the north side of 18^th Street between Castro and Hartford streets, Lot 052 in Assessor’s Block 3582 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 145.2, 317, 715.24, 715.38, 715.44, and 715.81 to replace the ground floor garage with a restaurant (d.b.a. The Castro Sausage Grill) and legalize a change of occupancy of a residential use to a nonresidential use (d.b.a. The Castro Country Club) on the second floor with an outdoor activity area located on the second floor rear roof deck within the Castro Street Neighborhood Commercial District and 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

            (Continued from Regular Meeting of January 24, 2013)

            NOTE: On January 24, 2013, following public testimony, the Commission continued the matter to February 7, 2013, by a vote of (+6 -0).  Commissioner Fong absent  

 

            SPEAKERS:     Ahamd Mohazeb, Nate Dyson, Eden Palmer, Terry Beswick, Korey Powell, Mike Shriver, Gary McCoy

ACTION:           Approved “Option A” w/Conditions as amended to include:

1.     Restaurant operating hours to 11:00 PM; and

2.   Deck hours to remain open during normal operating hours of the Country Club.

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

MOTION:           18803

 

17b.      2012.0109CV                                                                         (T. WANG: (415) 558-6335)

            4058-4060 18^th STREET - on the north side of 18^th Street between Castro and Hartford streets, Lot 052 in Assessor’s Block 3582, - Request for Rear Yard Variance, pursuant to Planning Code Sections134 and 188 to replace the existing third floor stairway with a spiral stairway, at the rear of the four-story, mixed-use building. The proposed rear spiral stairway would provide a connection between the current residential unit on the third floor and its Planning Code required usable open space on the second floor rear roof deck. The Project Site is in the Castro Street Neighborhood Commercial District and 40-X Height and Bulk District.

(Continued from Regular Meeting of January 24, 2013)

NOTE: On January 24, 2013, following public testimony, the Zoning Administrator continued the matter to February 7, 2013

AFTER CLOSING THE PUBLIC HEARING, THE ZONING ADMINISTRATOR STATED HE WOULD TAKE THE MATTER UNDER ADVISEMENT WITH AN INCLINATION TO GRANT THE REQUEST

 

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 6:17 PM

 

Adopted: February 21, 2013