SAN FRANCISCO
PLANNING COMMISSION
Meeting Minutes
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, April 25, 2013
12:00 PM
Regular Meeting
COMMISSIONERS PRESENT: Fong, Wu, Antonini, Hillis, Moore
COMMISSIONER ABSENT: Borden, Sugaya
THE MEETING WAS CALLED TO ORDER BY PRESIDENT FONG AT 12:10 PM.
STAFF IN ATTENDANCE: John Rahaim – Planning Director, Timothy Johnston, Omar Masry, Kimia Haddadan, Aaron Starr, Diego Sanchez, Anmarie Rodgers, Mary Woods, Michael E. Smith 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. 2010.1034C (O. MASRY: (415) 575-9116)
4216 CALIFORNIA STREET - on the north side of California between 4th Avenue and 5th Avenue, Lot 019 in Assessor’s Block 1364 - Request for Conditional Use Authorization under Planning Code Sections 710.83 and 303 for a proposal to upgrade an existing wireless telecommunications services micro-site facility operated by AT&T Mobility. The facility would consist of removing an existing micro-site and installing nine panel antennas on the roof behind a new radio-frequency transparent screen wall with equipment located within a ground floor storage area. The facility is proposed on a Location Preference 6 Site (Limited Preference Location Site) within a NC-1 (Neighborhood Commercial, Cluster) Zoning District and 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of March 14, 2013)
(Proposed for Continuance to May 2 May 9, 2013)
SPEAKERS: None
ACTION: Continued as Amended
AYES: Fong, Wu, Antonini, Hillis, Moore
ABSENT: Borden, Sugaya
2. 2012.0231C (O. MASRY: (415) 575-9116)
758 DIVISADERO STREET - at the southeast corner of Divisadero and Fulton streets, Lot 019 in Assessor’s Block 1181 - Request for Conditional use Authorization under Planning Code Sections 710.83 and 303 for a proposal to install a wireless telecommunications services macro-site facility operated by AT&T Mobility. The proposed facility would consist of nine roof-mounted antennas in two sectors. The first sector (six antennas) would be located in a faux roof addition above the bay penthouse. The remaining sector (three antennas) would be located on the building roof and not be visible from adjacent public rights-of-way. Electronic equipment associated with the facility would be located within a third floor room. The facility is proposed on a Location Preference 5 Site (Preferred Location) within a NC-2 (Neighborhood Commercial, Small Scale) Zoning District and 65-A Height and Bulk District.
Preliminary Recommendation: Approve with Conditions
(Proposed for Continuance to May 9, 2013)
SPEAKERS: None
ACTION: Continued as Proposed
AYES: Fong, Wu, Antonini, Hillis, Moore
ABSENT: Borden, Sugaya
3. 2011.0397T (K. HADDADAN: (415) 575-9068)
BICYCLE PARKING ORDINANCE - The proposed Ordinance would amend (1) the San Francisco Planning Code by repealing existing Sections 155.1 through 155.5 in their entirety, adding new Sections 155.1 through 155.4; to revise the bicycle parking standards; (2) the San Francisco Planning Code by renumbering Sections 430 to 431 and adding a new Section 430 that allows portions of bicycle parking requirements to be satisfied with an in lieu fee; (3) the San Francisco Planning Code Section 145 to define bicycle parking as an active use; (4) the San Francisco Planning Code Sections 102.9, 155(j), 157.1, 249.46 and 307; (5) the San Francisco Environment Code Section 402 to revise cross-references to the San Francisco Planning Code; and would (6) make 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. The Planning Commission initiated this legislation on August 9th, 2012 and held an informational hearing on December 13, 2012.
Preliminary Recommendation: Adopt a Recommendation for Approval
(Continued from Regular Meeting of March 21, 2013)
(Proposed for Continuance to May 16, 2013)
SPEAKERS: None
ACTION: Continued as Proposed
AYES: Fong, Wu, Antonini, Hillis, Moore
ABSENT: Borden, Sugaya
4. 2012.0950TZ (A. STARR: (415) 558-6362)
AMENDMENTS TO THE PLANNING CODE TO ESTABLISH THE DIVISADERO NEIGHBORHOOD COMMERCIAL DISTRICT [BOARD FILE NO. 12-0796] - The Planning Commission will hear a revised version of an Ordinance originally heard and approved by the Commission on November 29, 2012 that establishes the Divisadero Street NCD. The revised version prohibits Formula Retail in the proposed Divisadero Street NCD. The original and amended Ordinance amend the Planning Code to establish the Divisadero Street Neighborhood Commercial District (NCD) along Divisadero Street between Haight and O'Farrell Streets; repeal the Divisadero Street Alcohol Restricted Use District (RUD); amend various other sections to make conforming and other technical changes; and amend the Zoning Map to add the Divisadero Street NCD and delete the Divisadero Street RUD.
Preliminary Recommendation: Approval with Modifications
(Continued from Regular Meeting of April 4, 2013)
(Proposed for Continuance to June 13, 2013)
SPEAKERS: None
ACTION: Continued as Proposed
AYES: Fong, Wu, Antonini, Hillis, Moore
ABSENT: Borden, Sugaya
5. 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 April 4, 2012)
(Proposed for Continuance to June 13, 2013)
SPEAKERS: None
ACTION: Continued as Proposed
AYES: Fong, Wu, Antonini, Hillis, Moore
ABSENT: Borden, Sugaya
B. COMMISSION 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 April 11, 2013
SPEAKERS: None
ACTION: Adopted
AYES: Fong, Wu, Antonini, Hillis, Moore
ABSENT: Borden, 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 Antonini:
A couple of things I wanted to mention. First of all, that Commissioner Moore and I took part in a presentation yesterday about a couple projects that will be coming before us in the future. They involve Kaiser Outpatient Facility near Potrero Hill, as well as the housing developments, they are married, the two projects are being planned together. And it was very interesting and it's good to see those things ahead of time, particularly in regards to design issues and other things that the projects improve before the time they even get to the Commission because of public comment and comments of Commissioners. I met with John Elberling from TODCO, just to discuss some of his concerns regarding the Central Corridor issue as well as pedestrian access around Moscone and I think it was a very good meeting. And, also yesterday we had a meeting of the Secretary Search Subcommittee and part of it was in Closed Session, but, you know, of which we do not reveal the actions. There were no actions, in fact. So, I can say that we are considering the candidates who have gone through the testing process and it appears we have an adequate number of applicants and we're going to continue to work on this in subsequent weeks. And finally, I must report I'm not a real frequent Muni rider, but I did get a citation today riding Muni Metro and I would admonish you to make sure that when you board Muni and you're not boarding at one of the stations where you automatically punch your thing in, to make sure as soon as you get on your car to log your little card onto the thing, if you don't do that, you know, it could be an expensive problem afterwards, but, you know, I'm glad to see they're doing that and I appreciate it and I appreciate what you have to do, but it's easy to be absent minded sometimes and that's what happens.
Commissioner Moore:
Commissioner Antonini, why don't you share the hit you got?
Commissioner Antonini:
Oh, I think its $103 if I'm not mistaken is what the citation is. There are not warnings, so, it's first time you get a citation probably.
C. STAFF REPORT
8. Director’s Report
Director Rahaim:
Commissioners, actually I don't have anything to report this week.
9. Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.
LAND USE COMMITTEE:
· BF 121019 & 130248 Supervisor Wiener & Kim’s CEQA Procedures Ordinance. Both items were called together at the Committee on Monday. Only Supervisor Wiener’s proposal could be considered for action because Supervisor Kim’s proposal would affect the Historic Preservation Commission and that commission won’t consider her proposal until May 15. You’ll recall, both this Commission and the HPC supported Supervisor Wiener’s proposal with 2 requested modifications which were addressed by Supervisor Wiener. This week at the Committee Supervisor Campos joined the hearing for this item. He stated that CEQA is an important tool to give voice to public and that this opportunity results in better process. He cited the leverage that the City had over CPMC as an example. Supervisor Wiener reassured the committee that his ordinance does not change state law but only establishes rules for appeals. He stated that Supervisor Kim’s ordinance doe much more and results in a less clear process. Supervisor Kim clarified that her ordinance did not intend to allow for multiple appeals, for the PC to approve each exemption and that she is open to changing the portion of her ordinance which allows the ERO to delegate some CEQA review authority to other agencies. Supervisor Chiu said that he now considers CEQA to be his favorite four letter word. He stated that he had met with concerned community members and had crafted 9 amendments that he would like to make to Supervisor Wiener’s proposal. Later in today’s hearing under 11 we will give the commission a supplemental memo with the full language. For now, I will summarize the 9 amendments:
1. Require that all hearings on CEQA appeals be before the full Board.
2. Minimize changes to the EIR process.
3. Fair argument language is added in more places.
4. Require that the Department provide notice for all exemptions on our website prior to the ordinance taking effect.
5. Keep the status quo on submitting documents.
6. Require that the Department identify the “first approval” for each CEQA document.
7. Allow appeals of exemptions and neg decs to be filed earlier in the process: after the CEQA determination instead of after the first approval.
8. Require that project modifications be re-referred the ERO and that where projects no longer match the original scope, a new CEQA review would be required.
9. Require that electronic notices be provided in hard copy upon request.
After a couple of hours of public the hearing, Supervisor Kim stated that she would be included to add staffing to the Planning Department if that is what’s needed for a subscription based email notification system. Supervisor Chiu moved to amend the ordinance as described above and Supe. Wiener seconded that motion. The Committee then continued the item for two weeks to May 6.
FULL BOARD OF SUPERVISORS:
· BF 120901 Upper Market Zoning. The draft Ordinance had three components:
1. Conversion from NCD to NCT:
2. Height Change: for one parcel from 50-X to 65-B.
3. Food Processing: allow as an accessory use to a non-residential establishment.
On February 21, 2013, the Planning Commission recommended approval with 2 modifications of this proposal as follows:
1. That the Upper Market NCD (Planning Code Section 721.1) be eliminated in its entirety and replaced by the Upper Market NCT (Planning Code Section 733.1.T recommendation was not incorporated by Supervisor Wiener as he must recuse himself from rezonings within a close distance of his home.
2. The minor technical amendments recommended by this commission were incorporated.
Supervisor Wiener amended the draft Ordinance such that the new height would be 62-B, rather than 65-B. The technical amendments were made but there will be one remaining parcel zoned NCD—the department will be asking this commission to initiate an ordinance to make this remaining fix next month.
- Items that were adopted this week on Final Read include:
- Polk Street Tobacco and Alcohol Controls.
INTRODUCTIONS:
· Supervisor Cohen introduced BF 130372: Ordinance to create the Third Street Formula Retail Restricted Use District for property located on Third Street between Williams Avenue and Egbert Avenue. This item will be scheduled for hearing before you within 90 days.
· Mayor Lee introduced BF 130369 to amend the Building Code, Public Works Code and Health Code to expand the boundaries and types of projects for which soil testing is required and to require testing of groundwater under specified circumstances. The Department assisted the Mayor on this legislative work and although this item does not amend the Planning Code, it will likely be brought before you in the near term.
BOARD OF APPEALS:
No Report
HISTORIC PRESERVATION COMMISSION:
No Report
D. 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: Dino Adelfio, Dr. Espanola Jackson
E. REGULAR CALENDAR
10a. 2011.1381ITZ (D. SÁNCHEZ: (415) 575-9082)
1111 8TH STREET - south side of 15th Street between De Haro Street and Carolina Street, Lots 002 and 003 in Assessor’s Block 3913; Channel Street, Carolina Street, 8th Street and Hooper Street, Lot 004 in Assessor’s Block 3808; and 7th Street, Irwin Street, 8th Street and Hooper Street, Lots 002 and 003 in Assessor’s Block 3820 – Notification by the Zoning Administrator of filing of an Institutional Master Plan for the California College of the Arts. Pursuant to Planning Code Section 304.5, the Planning Commission must hold a public hearing upon receiving a completed Institutional Master Plan. This public hearing is for receipt of public testimony only; receipt of this Institutional Master Plan does not constitute acceptance or approval of any proposed project contained therein.
Preliminary Recommendation: No Action Required
SPEAKERS: Andrea Bruss, David Meckel, Ruth Berson, Rod Minott, Dick Millett, Sue Hestor, Ron Miguel
ACTION: None - Informational
10b. 2011.1381ITZ (D. SÁNCHEZ: (415) 575-9082)
AMENDMENTS TO THE PLANNING CODE ADDING NEW SECTION 249.67 TO ESTABLISH THE ART AND DESIGN EDUCATIONAL SPECIAL USE DISTRICT [BOARD FILE NO. 11-1278] - The Commission will consider a proposed Ordinance introduced by Supervisor Cohen adding Planning Code Section 249.67 to establish the Art and Design Educational Special Use District at 1111 Eighth Street which will permit post-secondary educational institutional uses as of right and without use size limitations, permit student housing as of right, allow the Zoning Administrator to authorize temporary structures without public hearing provided the structure is occupied by a use allowed by the Special Use District, facilitate the continued operation of the California College of the Arts and provide a regulatory scheme for a potential future phased expansion of the campus, 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 101.1
Preliminary Recommendation: Adopt a Recommendation for Approval
SPEAKERS: Andrea Bruss, David Meckel, Ruth Berson, Rod Minott, Dick Millett, Sue Hestor, Ron Miguel
ACTION: Adopted a Resolution Recommending Approval as Corrected to reflect Block No. 3913
AYES: Fong, Wu, Antonini, Hillis, Moore
ABSENT: Borden, Sugaya
RESOLUTION: 18850
11. 2013.0463U (A. RODGERS: (415) 558-6395)
The Commission will consider a proposed Ordinance amending Administrative Code, Chapter 31 sponsored by Supervisor Kim. This proposed Ordinance [BF No. 130248] would provide for appeals under the California Environmental Quality Act to the Board of Supervisors of environmental impact reports, negative declarations, exemption determinations, and determinations on modified projects; to clarify and update existing Chapter 31 procedures, including without limitation: to provide for the Planning Department or Planning Commission to approve all exemption determinations; to require the Planning Department to establish an electronic notification system; to expand noticing of exempt projects; to require new noticing when filing notices of exemption and notices of determination; to revise noticing of negative declarations and environmental impact reports for plans of 20 acres or more; to provide an expanded role for the Historic Preservation Commission; and making environmental findings.
Preliminary Recommendation: Pending
SPEAKERS: Supervisor Kim, Dr. Espanola Jackson, Eric Brooks, Sue Vaughn, Peter Cohen, Dick Millett, Howard Wong, Jaron Browne, Ian Lewis, Sue Hestor, Tes Welborn, Ron Miguel, Rose Hillson, Elaine Warren, Robert Poole, Michelle Myers
ACTION: Adopted a Resolution forwarding the proposed ordinance as recommended by Staff; including additional review and analysis of:
1. Notification feasibility;
2. Project approval while an appeal is pending;
3. Searchabilty of CEQA Determinations; and
4. To explore and study prioritizing affordable housing projects.
AYES: Fong, Wu, Antonini, Hillis, Moore
ABSENT: Borden, Sugaya
RESOLUTION: 18852
12. 2013.0464T (A. STARR: (415) 558-6362)
SMALL BUSINESS MONTH MAY 2013 – FEE WAIVER PROGRAM - The Planning Commission will consider a proposed Ordinance recognizing Small Business Month in May 2013 sponsored by Supervisor Katy Tang. This proposed Ordinance would amend the San Francisco Planning Code and the San Francisco Building Code to waive fees for the month of May for certain façade improvements and make findings, including environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.
Preliminary Recommendation: Approval with Modifications
SPEAKERS: Deanna Kezon
ACTION: Adopted a Resolution Recommending Approval
AYES: Fong, Wu, Antonini, Hillis, Moore
ABSENT: Borden, Sugaya
RESOLUTION: 18851
13. 2004.0482CE! (M. WOODS: (415) 558-6315)
5400 GEARY BOULEVARD - northwest corner at 18th Avenue; Lot 008 in Assessor’s Block 1450 - Request for Conditional Use Authorization pursuant to Planning Code Sections 121.1, 121.2, 303, 712.11 and 712.21 to allow a development lot size exceeding 9,999 square feet and a non-residential use size exceeding 5,999 square feet, in a NC-3 (Moderate-Scale Neighborhood Commercial) District and 40-X Height and Bulk District. The proposed project includes the renovation of the existing Alexandria Theatre building, and the construction of a new four-story mixed-use building containing ground floor retail storefronts and 37 dwelling units, at the adjacent surface parking lot. The new building will provide two levels of underground parking with 122 spaces.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: Jonathan Perlman, Ron Miguel, Ryan Sprinkle, Sue Vaughn, Deric Licko,
ACTION: Approved with Conditions as modified to include:
1. Strict security to prevent any additional vandalization;
2. Attention to architectural details and their maintenance; and
3. If the design and/or materials of the proposal are modified in the
future, that the project come back before the Planning Commission for its review.
AYES: Fong, Wu, Antonini, Hillis, Moore
ABSENT: Borden, Sugaya
MOTION: 18853
14a. 2012.0596DV (M. Smith: (415) 558-6322)
165 -167 ROOSEVELT WAY - at the intersection of 15th Street; Lot 030 in Assessor's Block 2608 - Request for Discretionary Review of Building Permit Application No. 2012.05.17.0707 proposing to construct a one-story vertical addition, construct horizontal additions at the west and north elevations of the building, replace the rear stairs, add rear balconies, and alter the building’s exterior and interior plan of a two family dwelling located within a RH-2 (Residential, House, Two-Family) District and 40-X Height and Bulk District.
Staff Analysis: Abbreviated Discretionary Review
Preliminary Recommendation: Do not take Discretionary Review and approve
SPEAKERS: Keith Davey, Craig Davey, Alex Schott, Robert Walters, Keith Horowitz, Larry Moss, Richard Ryan, Heather Davey Fusco, Nadine Greiner, Randy Eveleigh, Brian Kendall, Marie Rove, Alan Gates, Derek Williams, Joy Calasagan, Rick Tedac, Mary A. Convento, Dr. Linda Nickel, William Ryan
ACTION: No DR, Approve as proposed
AYES: Fong, Wu, Antonini, Hillis, Moore
ABSENT: Borden, Sugaya
DRA No: 0320
14b. 2012.0596DV (M. Smith: (415) 558-6322)
165 -167 ROOSEVELT WAY - at the intersection of 15th Street; Lot 030 in Assessor's Block 2608 - Request for a Rear Yard Variance pursuant to Section 134 of the Planning Code for Building Permit Application No. 2012.05.17.0707 proposing to replace the rear stairs and add balconies to the rear of a two family dwelling located within a RH-2 (Residential, House, Two-Family) District and 40-X Height and Bulk District.
AFTER CLOSING THE PUBLIC HEARING THE ZONING ADMINISTRATOR GRANTED THE VARIANCE
F. 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 6:12 PM
Adopted: May 9, 2013
