SAN FRANCISCO
PLANNING COMMISSION
Meeting Minutes
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, March 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 – Planning Director, Scott Sanchez – Zoning Administrator, Elizabeth Watty, Richard Sucre, Aaron Starr, Sophie Hayward, Lisa Gibson, Michael Smith, Julian Banales, 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.
1a. 2012.1093DDV (E. WATTY: (415) 558-6620)
1521-1531 JONES STREET - west side between Jackson Street and Pacific Avenue; Lot 005 in Assessor's Block 0183 - Requests for Discretionary Review of Building Permit Application No. 2012.07.23.5467 proposing to construct a one-story, partial-floor, vertical addition and alter the front façade of a three-story-over-basement, six-unit residential building within a RM-3 (Residential, Mixed: Medium Density) Zoning District and 65-A Height and Bulk District.
Staff Analysis: Abbreviated Discretionary Review
Preliminary Recommendation: Do not take Discretionary Review and Approve
(Proposed for Continuance to March 14, 2013)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
1b. 2012.1093DDV (E. WATTY: (415) 558-6620)
1521-1531 JONES STREET - west side between Jackson Street and Pacific Avenue; Lot 005 in Assessor's Block 0183 - Request for Variances, pursuant to Planning Code Sections 134 and 188 to allow the partial fourth floor vertical addition to be located above the existing legal, non-complying structure, encroaching approximately 9’-4” into the required rear yard. The project site is located within a RM-3 (Residential, Mixed: Medium Density) Zoning District and 65-A Height and Bulk District.
(Proposed for Continuance to March 14, 2013)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
2. 2012.0564C (R. CRAWFORD: (415) 558-6358)
1595 SLOAT BOULEVARD - south side between Sunset Boulevard and Springfield Drive (Lakeshore 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 a formula retail use, (d.b.a. 4G Wireless, a retail phone store) within the existing Lakeshore Shopping Center, within a Neighborhood Commercial – Shopping Center District (NC-S), the Lakeshore Plaza Special Use District and 26-40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Proposed for Continuance to March 21, 2013)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
Items 9, 11, and 12 were 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.
3. 2012.0511C (E. WATTY: (415) 558-6620)
1191 PINE STREET - southeast corner of Pine and Leavenworth Streets; Lot 022 in Assessor’s Block 0276 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.8(e), 231, 303, and 723.44 to allow a change of use from a Limited-Restaurant (d.b.a. Another Café) to a Restaurant (d.b.a. Another Café) which will operate as a Bona Fide Eating Place. The property is located within the RM-4 (Residential, Mixed: High-Density) Zoning District, and 65-A Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: Linda Chapman, Robert Beale, Hadi El Heneidi, Suheil Shatara, Elias Shatara
ACTION: After being pulled off of Consent, Approved with Conditions
AYES: Wu, Antonini, Borden, Hillis, Moore, Sugaya
ABSENT: Fong
MOTION: 18821
4. 2012.0815C (M. STAHLHUT: (415) 575-9116)
679 24TH AVENUE - northwest corner of Balboa Street and 24th Avenue, Lot 012 in Assessor’s Block 1567 - Request for Conditional Use Authorization under Planning Code Sections 209.6(b) and 303 for modification of an existing wireless telecommunications services facility operated by Sprint. The modification would consist of adding up to three panel antennas to the existing WTS site for a total of 6 panel antennas on the rooftop of a PG&E substation. The facility is proposed on a Location Preference 1 Site (Preferred Location) within a RH--2 (Residential – House, Two-Family) Zoning District and 40-X Height and Bulk District.
Preliminary Recommendation: Approve with Conditions
SPEAKERS: None
ACTION: Approved with Conditions
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
MOTION: 18817
5. 2012.0724Z (R. SUCRÉ: (415) 575-9108)
909 TENNESSEE STREET - between 20th and 22nd Streets, Lot 036 in Assessor’s Block 4108 - Request for a Zoning Map Amendment pursuant to Planning Code Sections 302 and 306 to amend San Francisco Zoning Map Sheet No. ZN08 to rezone Block No. 4108 and Lot No. 036 (909 Tennessee Street) from P (Public) to UMU (Urban Mixed Use).
Preliminary Recommendation: Adopt Recommendation of Approval of Zoning Map Amendment
NOTE: On January 31, 2013, the Commission voted to Initiate the Zoning Map Amendment by a vote of (+7 -0).
SPEAKERS: None
ACTION: Adopted Recommendations for Approval
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
RESOLUTION: 18818
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 February 21, 2013
SPEAKERS: None
ACTION: Adopted as Corrected
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:
You, just few minutes ago mentioned resuming having an Action List, I would like to put one item onto the Action List, which was mentioned in the Director’s Report, which was in today's packet, where there was a mention that there is a San Francisco Parklet Manual now. We had previously asked that perhaps somebody give us an update on what the leading issues and ideas are, so we can ourselves look into it. Apparently, that step was skipped, but we now have a manual. Since the public frequently asks, what really surrounds the philosophy of putting parklets and where and what influences a design idea, this might be a moment for the Department indeed to present the key ideas of this manual in the context of this form and everyone else can hear it.
Commissioner Antonini:
A couple of things, first of all, I think all of us are happy to hear there is a… appears to be a settlement that has been reached on Cal-Pacific. I understand that will come back before us for further action because there are some small changes in the size of St. Luke’s, which I believe we have to approve that because it might have a somewhat larger impact now. But, I am optimistic on it. I’ll have more comments and other feelings as to the settlement when it actually comes before us. The other thing I wanted to bring up is I've been working for 2 or 3 months with the tenants in two different forums at the address of 739-741 Valencia, it is actually occupied, part of it is occupied by Tacolicious. The upper part is occupied by the tenants who have been there prior to Tacolicious been there. I had a really good meeting yesterday, with the tenants, their attorneys, the owner of Tacolicious, and electricians and a number of other people. We reached a lot of agreement on minimizing any impacts. I think it was a very constructive meeting. I am happy, I think it seems to be mitigating the impacts, there is also a larger – there is a separate property owner that is the landlord for both Tacolicious and the tenants, so their issues have to be worked out separately from the impact, but there's going to be a look back, that we have on this particular project and I'm happy to see that progress is being made as much as possible by the restaurants to mitigate any impacts in my opinion and I'll continue to work on it until such time it comes back to us.
Commissioner Sugaya:
As a follow-up to Commissioner Moore's comment of parklets, in the Architect’s newsletter, I think the latest issue, there is an article about Los Angeles, because it is a California edition, lengthy article on parklets being implemented there and also I believe it mentioned in the article some other cities, but it might behoove the Department to take a look at, at least LA and see what is going on there. At least their rules, and see if things are different than ours and just to take look at sort of, what is the term, “State of the Art” no what it is? “Best Practices,” anyway, I make a suggestion for staff to look into that.
8. Director’s Announcements
None
9. (J. LINSANGAN: (415 575-9119)
DEPARTMENT MISSION, VISION AND VALUE STATEMENTS - A follow-up presentation on the department’s internal mission, vision, and value statements. These statements define department ideals, aspirations, and are intended to guide department staff in their work. The presentation includes an action plan for internal implementation.
Preliminary Recommendation: Endorsement
SPEAKERS: None
ACTION: Continued to March 14, 2013
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
10. Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.
LAND USE COMMITTEE:
- On March 4th the LU Committee considered a package of technical amendments to the Planning Code that included clarifications and corrections. The item was continued one week to March 11th.
- Western SoMa Community Plan Ordinances. The Planning Department presented updated information on the WSoMa Plan to the LUC on March 4th concerning the potential grandfathering of the Conditional Use process for the Academy of Art University building at 601 Brannan Street and the “Major Development” sites of more than 1/2 acre. Ultimately, the LUC kept the grandfathering provision for AAU, which will allow the Conditional Use application to eventually come before the Planning Commission.
Regarding the “Major Development” sites, the Department presented build-out scenarios for these sites that included:
1) base height developments,
2) max height developments under the original impact fee and affordability tier structure (Tiers 1 and B), and
3) max height developments under the amended impact fee and affordability tier structure from the based on the February 25th LU hearing.
Supervisor Kim proposed a new alternative, which was to require an impact fee and affordability tier structure of Tier 2 and Tier B. This option essentially kept the affordability rates as required under the original proposal (Tier B) while increasing the residential impact fees from Tier 1 to Tier 2.
This amendment was adopted unanimously, and the Plan was moved to the full Board without a recommendation.
- Also at Monday’s LU Hearing, there was an informational presentation by the Planning Department, Mayor's Office, and Municipal Transportation Agency on San Francisco's participation in the electrification of Caltrain and the future High Speed Rail. This hearing was held at the request of Supervisors Cohen and Wiener. Director Rahaim’s presentation updated the committee on issues and opportunities related to Caltrain Electrification and High Speed Rail in San Francisco. Caltrain Electrification, a funded project to be completed by 2019, is a first step toward implementing high-speed rail service in the Bay Area and will create substantially more frequent, faster, and cleaner transit service between San Francisco and cities along the Peninsula. However, an interagency group, which includes Planning, MTA, SFCTA, and the mayor’s office is increasingly concerned about making sure these investments support San Francisco’s land use plans, neighborhood livability, and broader transportation vision, including completing the Downtown Extension to the Transbay Transit Center.
Notably, the City is concerned about these investments leading to undesirable undergrounding of existing City streets, like 16th Street, that would further isolate Mission Bay and the Central Waterfront from the rest of the City, as well as concern about major investments, particularly at the 4th/King Railayrds, that may not be consistent with the City’s ideal long term vision for this area. The Caltrain Joint Powers Board is currently in the scoping phase of its EIR for the Electrification project. They are holding a scoping meeting in San Francisco today at City Hall in the Board chambers from 6-8pm, and Caltrain is accepting comments until March 18. The City will be submitting a consolidated set of comments independently of this scoping meeting in advance of March 18. Land Use Committee members expressed support for the City’s efforts to engage Caltrain on these issues.
FULL BOARD OF SUPERVISORS:
· Also, on Tuesday, the Full Board hearing, the Board of Supervisors voted to approve on FINAL READING the Central Subway Extraction Site SUD. This ordinance would allow the demolition of the Pagoda Theater so that the Central Subway Boring Machine could be removed from underground and it would allow the rebuild of the building with a project previously approved by the Commission.
BOARD OF APPEALS:
The Board of Appeals did meet last night. There is one item that I think will be of interest, which was the appeal of a building permit application for 611 Buena Vista and the Planning Commission heard this item as a Discretionary Review in September. It was for a vertical addition, at this hearing the Commission took DR and setback the proposed third-story an additional three feet. This is to align with the turret of the adjacent property. The Planning Department approved revised plans for that in the middle of October the building permit was subsequently issue in the middle of December, and an appeal was filed at the end of December on the building permit application. It was scheduled for hearing last night, but last week a CEQA appeal was filed on the application and the so Board, last night, continued the item to May 8th and the Board of Supervisors will hear the CEQA appeal on April 9th.
HISTORIC PRESERVATION COMMISSION:
At yesterday’s hearing we welcomed our newest Commissioner Aaron Hyland, Commissioner Hyland was appointed to the Historic Architect’s seat, and the two remaining seats Architectural Historian and Preservation Professional remain vacant. The HPC was to take up the election of officers at yesterday’s hearing, however, the item was continued until April 3rd, when it is possible for the full Commission to be in place. The Commission also reviewed an amendment to the Administration Code to create a City Hall Preservation fund. This is an amendment that was sponsored by Supervisor Farrell. After the staff presentation the Commission directed staff to submit a letter of support to the Board of Supervisors. The HPC also unanimously approved Certificates of Appropriateness for work in the Webster Street and Alamo Square Landmark Districts, the projects that included a variety of exterior alterations including an insertion of a new garage, rear horizontal additions and exterior restoration work. The HPC also began its review of the Draft EIR for 200-214 6th Street. The project includes the demolition of a contributor to the National Register Eligible 6th Street Lodging House District. After staff presentation the HPC continued the item and left the public comment portion of the hearing open in order to give the HPC more time to review several technical documents that were missing from the packets. The Department has provided those documents to the HPC and the HPC will continue its review at its March 20th hearing. As you know the HPC supports the recommendations and comments to the Environmental Review Officer. Finally, Commission Hasz and Mike Buller, from San Francisco Architectural Heritage, provided another update on the repair effort for the Shipwright’s Cottage, located at 900 Innes, this is Landmark No. 250. The community has obtained several estimates for the work and we will continue to negotiate and consult with the property owner to bring the landmark structure into a good repair. If you would further details on this effort I am happy to provide those to you as well.
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, Sue Hestor
F. REGULAR CALENDAR
11. 2013.0109T (A. STARR: (415) 558-6362)
AMENDMENTS TO THE PLANNING CODE, SECTION 604, TO PROVIDE THAT CHANGING THE COPY ON A SIGN SHALL NOT BE TREATED AS A NEW SIGN [BOARD FILE NO. 12-1199] - Ordinance introduced by Supervisor Chiu amending Planning Code Section 604, to provide that changing the copy on a sign shall not be treated as a new sign; making environmental findings and findings of consistency with the General Plan; and adopting findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.
Preliminary Recommendation: Adopt Recommendation of Approval with Modifications
(Continued from Regular Meeting of February 28, 2013)
SPEAKERS: None
ACTION: Continued to March 14, 20132
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
12. 2012.1315T (S. HAYWARD: (415) 558-6372)
AMENDMENTS TO THE PLANNING CODE, ADDING NEW SECTION 102.36.1 TO ESTABLISH AN ANNUAL MONITORING REQUIREMENT FOR STUDENT HOUSING CONVERSIONS [BOARD FILE NO. 12-0883] - Ordinance introduced by Supervisor Kim adding Planning Code Section 102.36.1 to establish an annual monitoring program for Student Housing conversions; and adopting findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.
Preliminary Recommendation: Adopt Recommendation of Approval with Modifications
(Continued from Regular Meeting of January 24, 2013)
NOTE: On November 29, 2012, following public testimony, the Commission continued the matter to January 24, 2013 by a vote of +6 -1. On January 24, 2013 the Commission continued the matter to March 7, 2013, by a vote of +5 -0.
SPEAKERS: None
ACTION: Continued to April 4, 2013
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
13. 2004.0093E (L. GIBSON: (415) 575-9032)
SAN FRANCISCO OVERLOOK RESIDENTIAL DEVELOPMENT - Near the north end of Crestmont Drive, in the Forest Knolls neighborhood; Assessor’s Block 2636, Lots 025 and 028 - Certification of the Final Environmental Impact Report - The proposed project would involve new construction of 34 dwelling units and 68 parking spaces within 13 buildings on an undeveloped, approximately 63,890-square-foot, steeply-sloped site. An approximately 700-foot-long, 20-foot-wide private, paved, east-west-aligned street would be constructed from Crestmont Drive in order to provide access to the dwelling units. The heights of the proposed buildings would range from 16 feet to 40 feet high. The project site is within a RM-1 (Residential, Mixed, Low-Density) District and 40-X Height and Bulk District.
NOTE: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on June 19, 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 General Public Comment portion of the Commission calendar.
Preliminary Recommendation: Certify the Final EIR
SPEAKERS: None
ACTION: Certified EIR, with the Errata sheet
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
MOTION: 18819
14a. 2004.0093CEV (M. SMITH: (415) 558-6322)
SAN FRANCISCO OVERLOOK - located at the northern terminus of Crestmont Drive; Lots 025 and 028 in Assessor’s Block 2636 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 304, to authorize a Planned Unit Development (PUD) on vacant lots totaling approximately 63,890 square-feet in size, that includes the construction of 34 dwelling units, 68 off-street parking spaces, and a new paved, approximately 20-foot-wide, 700-foot-long private street. Twenty-four of the 34 dwellings would be constructed as duplexes and the remaining 10 dwellings would be constructed as townhomes within a single building, resulting in a total of 13 structures on the site. The proposed buildings would measure between approximately 16 to 40 feet in height above the new street grade. The Project requires a variance from the landscaping and permeability requirement (Section 132), and PUD modifications for rear yard (Section 134), dwelling unit exposure (Section 140), and off-street parking exceeding accessory amounts (Section 157). The property is located within a RM-1 (Residential, Mixed, Low-Density) Zoning District and 40-X Height and Bulk District. CEQA (California Environmental Quality Act) Findings will also be adopted as part of the project approvals.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: Project Sponsor, Toby Levy, Tim Collen, Robert Testa, William Sieper, Mike Ostrovsky, Paul Gorman, Jeff Rocca, Libby Seifel, Lidid Jacobson, Herber Dunmeyer, Cegrio Rooney, Lulu Carpenter, Kristine Zabeck, Jennifer Kay, Ron Hirshfeld, Amy Burch, Jeff Eade, John Drago, Pamela Hoffman, Leslie Leonhardt, John Patton, Glorie Greer, Marc Weinberger, Rony Rolniskyk, John J. Doherty, Reed Minut, John Chermak, Stephanie Costanza, Mary Allen
ACTION: Approved with Conditions
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
MOTION: 18820
14b. 2004.0093CEV (M. SMITH: (415) 558-6322)
SAN FRANCISCO OVERLOOK - located at the northern terminus of Crestmont Drive; Lots 025 and 028 in Assessor’s Block 2636 - Request for a Variance from the landscaping and permeability requirement of Section 132 of the Planning Code to construct 34 dwelling units, 68 off-street parking spaces, and a new paved, approximately 20-foot-wide, 700-foot-long private street all as part of a Planned Unit Development (PUD). The property is located within a RM-1 (Residential, Mixed, Low-Density) Zoning District and 40-X Height and Bulk District.
ZONING ADMINISTRATOR CLOSED THE PUBLIC HEARING AND INDICATED AN INTENT TO GRANT
15. 2013.0061D (J. BANALES: (415) 558-6339)
349 BANKS STREET - east side of Banks Street between Cortland & Jarboe Avenues, Lot 019 in Assessor's Block 5685 - Request for Discretionary Review of Building Permit Application No. 2012.1129.5100, to construct a 7 foot wide by 9 foot – 7 inch deep balcony at the northern side of the roof of a single family dwelling, to comply with Department of Building Inspection Violation # 201275901, issued on November 11, 2012, for the construction of a deck without benefits of permits, within a RH-1 (Residential, House, Single-Family) Zoning District and 40-X Height and Bulk District.
Staff Analysis: Abbreviated Discretionary Review
Preliminary Recommendation: Do not take Discretionary Review and Approve
SPEAKERS: Vicki Shipkowiitz, David Liff, Ritu Vohra, Arjun Dutt
ACTION: Did not take DR, Approved as proposed
AYES: Wu, Antonini, Borden, Hillis, Moore, Sugaya
ABSENT: Fong
DRA No: 0311
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 4:30 PM
Adopted: March 21, 2013
