New Page 1
SAN FRANCISCO
PLANNING COMMISSION
Notice of Meeting
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, February 14, 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 12:12 PM.
STAFF IN ATTENDANCE: John Rahaim – Planning Director, Scott Sanchez – Zoning Administrator, Corey Teague, Kevin Guy, Tara Sullivan, Thomas Disanto, Keith DeMartini, 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. 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 January 24, 2013)
(Proposed for Continuance to March 21, 2013)
SPEAKERS: None
ACTION: Continued as Proposed
AYES: Fong, Antonini, Borden, Hillis, Moore, Sugaya
ABSENT: Wu
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. 2012.1296C (C. TEAGUE: (415) 575-9081)
383 RHODE ISLAND STREET - east side at the northeast corner of the intersection with 17th Street; Lot 004 in Assessor’s Block 3956 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303(c), 303(i), 843.46 to allow a “formula retail use” that is also a “financial service” (d.b.a Chase Bank) within the UMU (Urban Mixed Use) Zoning District and 48-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: Douglas Fong
ACTION: After being pulled off of Consent – Approved w/Conditions as amended to include:
1. Project Sponsor to continue working with Staff to address the intensity of illumination for lighting and signs; and
2. Once designed, to return to the Commission as an informational item to review the lighting and signage program for the formula retail, financial service facility.
AYES: Antonini, Borden, Hillis, Sugaya
NAYES: Moore, Fong
ABSENT: Wu
MOTION: 18804
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.
3. Consideration of Adoption:
· Draft Minutes for January 31, 2013
SPEAKERS: None
ACTION: Adopted
AYES: Fong, Antonini, Borden, Hillis, Moore, Sugaya
ABSENT: Wu
4. 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:
Couple of things, I’ve been hearing reports in the news about an impending demolition of Candlestick Park, about a year from now, if in fact, the Forty Niners are able to move into the stadium that is being built in Santa Clara. I think I need a little more information on this. I’ll give you a little a bit of history on this. As you know the City of San Francisco owns Candlestick. I think it paid for the building of Candlestick and its enlargement in 1971, a more enlargement in 1980, I not exactly sure, whether the Forty Niners participated, but in the mid-90s there was a measure that was passed rather than renovate Candlestick after the Giants left, and Green Bay in Chicago have done with existing stadiums, that measure was passed by the voters, to allocate $100,000,000 dollars toward the building of a new stadium right next to Candlestick. Unfortunately, with some problems dealing with the Forty Niners management that never happened, and the plan moved forward and then the Forty Niners decided to begin talks with Santa Clara and announced in 2006, they were going to use that as the preferred option. The voters of San Francisco in 2008 passed a measure, it was Prop G I believe, and this particular measure moved the $100,000,000 dollar amount that has to be spent on a new stadium from the City of San Francisco to the horizontal developers of the Candlestick Point/Hunters Point Shipyard Development. As far as I am concerned I think that it is still there. I am not really sure what happens to that. It’s not like there is not a new stadium built, one of our option we analyzed a lots of options environmentally, and one of them was to retaining of Candlestick and the area, which would have been the new stadium out at Hunters Point, would have been available to the developer. So, I just need some answers from staff as to, how this can happen without some further action, in terms of, what I see is a requirement on the part of horizontal developers to put a hundred million dollars either toward the renovation of Candlestick or a new stadium. I do not expect an answer today, but I think it is an issue that a lot people are asking about. And with good concern because, if it is demolished will be again without a venue that is available in San Francisco for really large crowds, in the capacity of 60-70 thousands, which are not just limited to football games. And we suffered through having no arena 43 years and lost a lot of business because of that. Anyway, on another subject, I was contacted by Roberto Hernandez. He has been contacted, apparently, by Google. And they are interested in having a bigger presence in the Mission District, to try to help train residents of the Mission District in technical issues and also, perhaps, aid in cultural programming and things that they are good with. His concern, via an intermediary, is to just know what the zoning is because they apparently are trying to rent a temporary space there to do this. And I'd just like to hear from staff if there are any barriers to this. I know that when we passed the Eastern Neighborhoods, there were certain restrictions as to tech uses in certain areas, and what would qualify as such and, you know, this is something that sounds like a very promising opportunity on the part of a major tech company that is wisely developing a bigger and bigger presence in San Francisco. So, I just want to know what the zoning situation is there. And I can report to him. And that's basically it for today. Thank you.
Commissioner Borden:
There have been reports in the paper that Fresh and Easy might sell to Wal-Mart. And I just would love to get a memo from staff about if that were indeed the case for the Fresh and Easy locations we have in San Francisco, how easy or what are the requirements if someone wanted to change this formula retail from Fresh and Easy to Wal-Mart. One of the stories in the paper indicated that for the Bayview location because it doesn’t have the regular formula retail controls that they wouldn't have to -- they could just move in as an as-of-right use, and I wasn't clear on that. So, that would be great.
Scott Sanchez, Zoning Administrator:
I need to double-check the zoning for the Bayview location. But under the current code, if Wal-Mart buys all of the Fresh and Easy locations and brands them, then the code would not consider that a change that would need a new conditional use authorization. However, if they were just to buy one of the stores, then they would need to come in for a new conditional use authorization to change from the Fresh and Easy to the Wal-Mart. So, that's under the current planning code requirements for formula retail.
Commissioner Moore:
Director Rahaim, thank you for issuing a quick response to the Railroad Boulevard, I-280, a question I raised last week. As I read it, the one thing I would love to see is a diagram of exactly where the demising lines of these considerations are, because I am a visual person. In going through the description it would help me to have some form of diagram, even if it's just bubbles, which generally speak about where it is. I would appreciate that.
D. DIRECTOR’S REPORT
5. Director’s Announcements
Director Rahaim:
Thank you Jonas, Commissioners, I wanted to just give you a couple of updates on the functions of the Housing Review Committee which is a committee that I sit on as part of what was -- it was created out of Prop C for the Housing Trust Fund. That Committee was charged under the Housing Trust Fund to come up with a definition of quote: “significant increase of residential development.” And to give you the background, the ballot measure that passed last year lowered the inclusionary housing requirement from 15% to 12% and capped it at 12%, but created exceptions to that cap when there is quote: “a significant increase in residential development.” It did not define what that meant and created this Housing Review Committee that would define what that meant to move forward. What that would allow, is that for sites that are larger or have a higher increase, that are up zoned, the ballot measure allows the City to require higher than 12% inclusionary. So, that Housing Review Committee is made up of myself, Olson Lee, the Director of the Mayor's Office of Housing, and Todd Rufo, Director of the Office of Economic and Work Force Development. It's a public meeting. We had our first meeting last Thursday and we will be meeting again on a yet to be determined date to get a more specific recommendation from staff on what constitutes the exceptions that would allow us to increase the inclusionary requirements beyond 12%. So, I just wanted to report to you on that activity and as soon as we have that meeting date I will give you that information as well. And that concludes my report.
6. Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission
BOARD OF SUPERVISORS:
There were no Ordinances heard at the Land Use hearing this week that involved the Planning Department; However, at the Full Board hearing, the Board of Supervisors heard and voted to approve, on first reading, Scott Weiner’s Ordinance, that would modify the Car Share parking controls. If you recall, this Commission heard this item on December 6, 2012 and voted unanimously for approval with modifications. Supervisor Weiner did integrate the Commission’s recommendations into the Ordinance and has also started setting up talks between the Planning Department and MTA about having the MTA take over some of the enforcement for parking regulations in the Planning Code. The second reading of this item will be next week; Also introduced at the Board this week was a hearing request by Supervisors Weiner and Breed requesting the Office of Economic and Workforce Development, Mayor’s Office of Housing, MTA, Planning Department, and the County Transportation Authority to report on the status of the Octavia Boulevard land parcel sales and unused revenue associated with those sales. Specifically, Departments are asked to report on the rationale for using this revenue for uses other than satisfying the transportation-related needs on and around Octavia Boulevard, as well as possible solutions for meeting both the area’s significant transit needs, as well as, affordable housing needs. Another hearing request by Supervisor Scott Weiner and David Chiu was introduced at the Board requesting the MTA, Department of Public Works, the Planning Department, and the San Francisco County Transportation Authority to provide an update on the Better Market Street Project, including schedule and progress on improving interagency coordination, and the proposal to construct a separated bike lane on Mission Street. Both hearings are tentatively scheduled for March 11, 2013.
BOARD OF APPEALS:
Board of Appeals did meet last night and had a pretty lengthy hearing. A couple items that might be of interest to the Commission would be a rehearing request for a letter of determination at 800 Brotherhood Way. In this matter the appellant seemed to base most of their rehearing request on their belief that the Board of Appeals was not properly prepared for hearing the item in the first place. The Board voted not to grant the rehearing request on that and I think as we know, the Board of Appeals is exceptionally well prepared and they do, it is my experience having been before them for 7 years, they always read their briefs and come very well prepared to the hearings. Then a couple other items, there was kind of a confusing mess with permits for the property at 68 Presidio Avenue. There was a jurisdiction request on three permits and appeal on two permits. The jurisdiction requests were denied. One of the appeals on the permits was withdrawn and the other appeal was continued. It was a matter that some of the permits had been done in an intermittent fashion, where we had minor excavation done. The next permit a bit more excavation, and then a bit more. They weren't clear on their existing plans. So, there were quite a few issues there with the plans. I think ultimately we did come to a resolution with all the parties and the permit holder and hopefully we'll have that concluded in the next week. There was also an appeal of a building permit for 264 Dore Street. This was before the Planning Commission as a Discretionary Review request in June of last year. It's a two-story auto repair facility and SLI, Service Light Industrial zoning district. The back of it backs onto a live/work. And the people that were living in the live/work were complaining about the impacts on light and air to their property. Should be noted in the SLI zoning district no dwelling units are allowed, no residential uses are allowed, but that live/works were allow. This project was built out in the mid '90s. At the hearing, the Planning Commission voted to make, basically, a 45-degree chamfer at the rear of the property to give a bit more light and relief. At the hearing the appellants argued this was not enough and wanted further reduction in the second floor. There is also some discussion in their brief about putting a mural or something nice to look out at the rear of the auto repair facility. We noted that the property is not actually located to the east it's actually located to the northeast. So, impacts on light and air would be minimal. It's a narrow I think less than 25 feet wide property. The stage loft is a pretty massive building. They were also arguing it did not comply with Western Soma, but the current zoning is in effect and it does comply with the current zoning fully. So, with that, the Board voted unanimously to uphold the permit. The last item that might be of interest was an appeal of a variance determination, or variance decision letter for 209 Prentiss and 1201 Cortland Street. Dan Sider was Acting Zoning Administrator on this item. It's in Bernal Heights, and it was variance for lot area and mass reduction, parking. All were granted except for the mass reduction variance. The Zoning Administrator did not find that there were findings sufficient to grant that variance and the Board of Appeals agreed with that. It was the permit holder or variance holder who had appealed that decision and the Board unanimously upheld that decision. I think now Mr. Sider continues his unanimous streak of wins at the Board of Appeals.
HISTORIC PRESERVATION COMMISSION:
No Report
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
F. REGULAR CALENDAR
7a. 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
(Continued from Regular Meeting of February 7, 2013)
SPEAKERS: Ed Reiskin, John Fung, Brett Gladstone, Michael Barrett, Howard Wong, Aaron Peskin, Richard Hanlin, Joan Wood, Nan Roth, Lance Karness, Mark Bruno, Julie Christiensen
ACTION: Adopted a Recommendation to Approve
AYES: Fong, Antonini, Borden, Hillis
NAYES: Moore, Sugaya
ABSENT: Wu
RESOLUTION: 18805
7b. 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
(Continued from Regular Meeting of February 7, 2013)
SPEAKERS: Ed Reiskin, John Fung, Brett Gladstone, Michael Barrett, Howard Wong, Aaron Peskin, Richard Hanlin, Joan Wood, Nan Roth, Lance Karness, Mark Bruno, Julie Christiensen
ACTION: Adopted a Recommendation to Approve
AYES: Fong, Antonini, Borden, Hillis
NAYES: Moore, Sugaya
ABSENT: Wu
RESOLUTION: 18805
7c. 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
(Continued from Regular Meeting of February 7, 2013)
SPEAKERS: Ed Reiskin, John Fung, Brett Gladstone, Michael Barrett, Howard Wong, Aaron Peskin, Richard Hanlin, Joan Wood, Nan Roth, Lance Karness, Mark Bruno, Julie Christiensen
ACTION: Approved with Conditions
AYES: Fong, Antonini, Borden, Hillis
NAYES: Moore, Sugaya
ABSENT: Wu
MOTION: 18806
8. 2012.1482B (T. SULLIVAN: (415) 558-6257)
MISSION BAY BLOCK 40, AKA 1800-1900 OWENS STREET - west side of Owens Street bounded by 16th Street, Highway 280, and Mariposa Street, Lots 005 & 008 in Assessor's Block 8727 - Request for Office Development Authorization pursuant to Planning Code Sections 321 & 322 for 700,000 gross square feet of office use. The proposal is to construct a new office building which will consist of two “campuses”; each campus will feature a 5-story building connected to a 12-story building. The maximum height will be 180 feet and there will be 680 independently-accessible off-street parking spaces. The land use and development components will be reviewed by the Commission on Community Investment and Infrastructure (the successor commission to the Former Redevelopment Agency Commission). The property is located in the Mission Bay South Redevelopment Plan, Commercial-Industrial Use Area, and HZ-7 Height District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: Corrine Wood
ACTION: Approved with Conditions, instructing Staff to continue working with the “successor” agency on the design.
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
MOTION: 18807
9. 2012.1424C (C. TEAGUE: (415) 575-9081)
550 VALENCIA STREET - west side between 16th and 17th Streets; Lot 008 of Assessor’s Block 3568 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 to expand the hours of operation of the existing restaurant (d.b.a West of Pecos) within the Valencia Street NCT (Neighborhood Commercial Transit) District, and 55-X Height and Bulk District, and the Mission Alcoholic Beverage Special Use District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: Dillon McAvin
ACTION: Approved with Conditions
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
MOTION: 18808
10. 2012.1353C (D. SÁNCHEZ: (415) 575-9082)
975 BRYANT STREET - south side of Bryant Street between Kate and Langton Streets; Lot 044 in Assessor’s Block 3780 - Request for Conditional Use Authorization under Planning Code Sections 843.46 and 303 to establish a Formula Retail use (d.b.a. Orchard Supply Hardware) within an existing building of approximately 33,000 square feet within the UMU (Urban Mixed Use) Zoning District and the 48-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: Anthony Caltaldo, Terry AstOn-Bennett, Shannon Brendick, David Peterson, Jerry Wolf, Nori Lee, Sam Lee, Jim Meko, Rick Carp, Steven Correll, Keith Ganter
ACTION: Adopted a Motion of Intent to Disapprove, and Continued to Feb. 28, 2013.
AYES: Wu, Borden, Hillis, Moore, Sugaya
NAYES: Fong, Antonini
11. (T. DISANTO/KEITH DEMARTINI: (415) 575-9113/(415) 575-9118)
FINALIZE FY 2013-2015 DEPARTMENT BUDGET AND WORK PROGRAM - Review and recommendation of approval of a balanced Fiscal Year 2013-2015 department budget and work program for submission to the Mayor’s Office
Preliminary Recommendation: Adoption
SPEAKERS: None
ACTION: Approved
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
G. PUBLIC COMMENT
At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting with one exception. When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Commission has closed the public hearing, your opportunity to address the Commission must be exercised during the Public Comment portion of the Calendar. Each member of the public may address the Commission for up to three minutes.
The Brown Act forbids a commission from taking action or discussing any item not appearing on the posted agenda, including those items raised at public comment. In response to public comment, the commission is limited to:
(1) responding to statements made or questions posed by members of the public; or
(2) requesting staff to report back on a matter at a subsequent meeting; or
(3) directing staff to place the item on a future agenda. (Government Code Section 54954.2(a))
None
Adjournment: 5:45 PM
Adopted: February 28, 2013
