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SAN FRANCISCO
PLANNING COMMISSION
Meeting Minutes
Commission Chambers, Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
Thursday, December 18, 2014
12:00 p.m.
Regular Meeting
COMMISSIONERS PRESENT: Wu, Fong, Antonini, Hillis, Johnson, Moore, Richards
THE MEETING WAS CALLED TO ORDER BY PRESIDENT WU AT 12: 10 P.M.
STAFF IN ATTENDANCE: John Rahaim – Planning Director, Esmeralda Jardines, Sarah Jones - ERO, Nick Perry, David Winslow, Diego Sanchez, Kimia Haddadan, Rich Sucre, Sharon Lai, Mary Woods, and Jonas P. Ionin – Commission Secretary
SPEAKER KEY:
+ indicates a speaker in support of an item;
- indicates a speaker in opposition to an item; and
= indicates a neutral speaker or a speaker who did not indicate support or opposition.
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.
None
B. CONSENT CALENDAR
All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and may be acted upon by a single roll call vote of the Commission. There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing
1. 2014.1421C (E. JARDINES: (415) 575-9144)
80 MISSOURI STREET - located on the west side of Missouri Street between 16th and 17th Streets, Lot 005 in Assessor’s Block 3951 - Request for Conditional Use Authorization under Planning Code Sections 303 and 843.51 to allow the establishment of a gymnasium (d.b.a Fitness Urbano) within an UMU (Urban Mixed Use) District and 48-X Height and Bulk designation. Planning Code Section 843.51 requires a CU authorization for retail and sales service establishments, such as a gymnasium or exercise facility, over 4,000 SF in area. The project proposes to establish a gymnasium with up to 6,600 SF. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.
Preliminary Recommendation: Approve with Conditions
SPEAKERS: Larry Badiner – Project presentation
ACTION: After being pulled off of Consent, Approved with Conditions
AYES: Wu, Fong, Antonini, Hillis, Johnson, Moore, Richards
MOTION: 19298
C. COMMISSION MATTERS
2. Consideration of Adoption:
· Draft Minutes for December 4, 2014 –Joint Hearing
· Draft Minutes for December 4, 2014
SPEAKERS: None
ACTION: Adopted
AYES: Wu, Fong, Antonini, Hillis, Moore, Richards
ABSENT: Johnson
3. Commission Comments/Questions
· Inquiries/Announcements. Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).
· Future Meetings/Agendas. At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.
Commissioner Antonini:
I would like to wish everybody a Happy Hanukkah, Merry Christmas, Happy Kwanza and a Happy New Year and I am very pleased at the last hearing of our year, we have in the calendar three projects that I think all purport to do some great things for San Francisco in the future and very good way to end this year and begin, what I hope to be an even better and exciting 2015.
Commissioner Moore:
I ask that we please close the day in memory of Jennifer Matz. We tried to remember that last week, now with the memorial behind us. We are losing a remarkably inspiring person and I hope you would all join me in memorializing her. I have two other issues: I am very pleased to hear two press releases one on the expansion of the wholesale produce market with a very strong plan to move into the future. I would ask the Department to give us a presentation of how it's moving forward, how it fits into the Eastern Neighborhood Plans and how it addresses the ever present issue of PDR; PDR retention and expansion. The second thing, I was very happy to hear, particularly after we had a very tough special meeting a few weeks ago, Mayor Lee announced that $5.5 million gift from Kaiser Permanente to support community health organizations. This came as a bright light particularly in light of our own tough discussion on that subject matter and I think those were my issues for today.
4. 2015 DRAFT CPC Hearing Schedule consideration for adoption.
SPEAKERS: None
ACTION: Adopted as Amended, adding fifth Thursdays January 29th and April 30th to the Regular Hearing Schedule
AYES: Wu, Fong, Antonini, Hillis, Moore, Richards
ABSENT: Johnson
D. DEPARTMENT MATTERS
5. Director’s Announcements
Director Rahaim:
Good afternoon, Commissioners a couple of announcements just to bring to your attention. The first is that we’ll be entering early next year into your annual series of meetings on the budget – on the Department’s budget, what you have on today’s packet is an update on the current budget fiscal year, the budget situation of this fiscal year as well as the process for next fiscal year. We will be having hearings at both Planning Commission and Historic Preservation Commission in January to start that process and the budget is due to the Mayor in, by the end of February. Secondly, in the written Director's report there is the quarterly pipeline, the residential pipeline you'll notice the numbers in the pipeline are continuing to increase from previous quarters and I also point out that the Department’s new applications coming into the Department are continuing at a nearly record pace, particularly for smaller projects. There is a substantial increase in the smaller projects as they are coming forward and my thought is that it’s probably due to the low interest rates as well as the desire to renovate existing buildings rather than move just because of the cost of real estate in San Francisco right now. Thirdly, just wanted to point out I believe you received an e-mail from Gina Simi, our Communications Director that the annual report, the Commission’s and the Department’s Annual Report, is out on our website. We will be getting you hard copies in the next couple of weeks, but it is a now available on the Department’s website the fiscal year 2013-2014 annual report on the Department’s website with that, I'll close by wishing you a happy holiday and see you next year.
6. Review of Past Events at the Board of Supervisors, Board of Appeals and Historic Preservation Commission
LAND USE COMMITTEE:
· There were no Planning Items at this week’s Land Use hearing
FULL BOARD OF SUPERVISORS:
· 141093 Zoning - Interim Moratorium Extension on Production, Distribution, and Repair Conversion in the Proposed Central South of Market Plan Area. (not staffed) Item 33, PASSED Second Read
· 141018 Public Hearing - Appeal of Tentative Map - 639 Peralta Avenue Special Order. Both the appellant and the project sponsor requested that this hearing be continued. The board voted unanimously to continue the appeal to January 27.
INTRODUCTIONS:
· 141303 Planning Code - Massage Establishments. Sponsor: Tang. Ordinance amending the Planning Code to require that massage establishments, obtain a Conditional Use permit. This ordinance is in response to recently changed state law.
· 141298 Various Codes - Noise Regulations Relating to Residential Uses Near Places of Entertainment. Sponsors: Breed and Wiener. Ordinance amending the Building, Administrative, Planning, and Police Codes, to require attenuation of exterior noise for new residential structures and acoustical analysis and field testing in some circumstances; Among other things, this ordinance would require the Planning Department and Commission to consider noise issues when reviewing proposed residential projects.
· 141264 General Plan Amendments - Urban Forest Plan (Phase 1: Street Trees). Sponsor: Commission. Ordinance amending the General Plan by amending Policy 3.6 of the Recreation and Open Space Element to reflect the adoption by reference of the Urban Forest Plan (Phase 1: Street Trees).
· 141253 Planning Code - Consolidate Definitions, Reorganize Article 2, and Make Other Nonsubstantive Changes to Update, Clarify, and Simplify Code Language. Sponsor: Wiener. Ordinance amending the Planning Code to consolidate definitions into Section 102, reorganize Article 2 to create Zoning Control Tables, and make nonsubstantive changes to various sections in Articles 1, 2, 3, 4, 6, 7, and 8, in order to update, clarify, and simplify Code language.
HISTORIC PRESERVATION COMMISSION:
The Historic Preservation Commission did meet yesterday, it was a record short meeting that lasted a record 15 minutes, most of the items were continued with exception to one that was the recommendation to the Board of Supervisors to landmark the Goldberg Building at 198 Gough Street.
BOARD OF APPEALS:
No Report
7. (S. JONES: (415) 575-9034)
DISCUSSION OF REVIEW PERIODS FOR DRAFT ENVIRONMENTAL IMPACT REPORTS
SPEAKERS: Sue Hestor – Project files, contact info, record requests, informational hearings on complicated area plans, Academy of Art.
ACTION: None – Informational
E. GENERAL PUBLIC COMMENT – 15 MINUTES
At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting. Each member of the public may address the Commission for up to three minutes.
SPEAKERS: Sue Hestor – Rules revision, complicated cases, index
F. REGULAR CALENDAR
The Commission Hearing Procedures provide for presentations by staff; followed by the project sponsor team; followed by public comment for and against the proposal. Please be advised that the project sponsor team includes: the sponsor(s) or their designee, lawyers, architects, engineers, expediters, and/or other advisors.
8. 2014.1441OFA (D. WINSLOW: (415) 575-9159)
EVENT CENTER AND MIXED-USE DEVELOPMENT AT MISSION BAY SOUTH BLOCKS 29, 30, 31, & 32: LOT 001 IN ASSESSORS BLOCK 8722 - Informational Presentation, GSW Arena LLC (GSW) proposes to construct a multi-purpose event center, two 11-story office buildings containing 503,900 leasable s.f. office space, public open space, a parking facility and visitor-serving retail uses on an approximately 11-acre site in Mission Bay Redevelopment Plan Area (MBS blocks 29, 30, 31 and 32). The event center would host the Golden State Warriors NBA basketball team during the NBA season, as well as provide a year-round venue for a variety of other uses, including concerts, cultural events, family shows, conferences and conventions. The site is located in the Mission Bay South Plan Area’s Commercial-Industrial District and HZ-5 Height District. The office buildings will be brought to a subsequent Planning Commission hearing for and Design Review approval in accord with Resolution 14702. Office allocation pursuant to Planning Code Sections 321 and 322 (the Annual Office Development Limitation program) has already been allocated to the site.
Preliminary Recommendation: None - Informational
SPEAKERS: + Rich Welts – Project presentation
+ David Maneka – Project design
+ Michael Drummond – Excited to have Warriors in Mission Bay
+ Esther Stearns – Love the design, great for the neighborhood
+ Pat Valentino – Activating the neighborhood with ground floor retail
+ Lory Yamaguchi – UCSF support
+ John Ballesteros – Jobs, economic activity
+ Dennis McKenzie – Round the diamond
+ Matt Preshoff – Potential future of the arena
+ Peter Albert – Response to questions
+ Jesse Bloutt – Response to questions
ACTION: None - Informational
9. 2014.2044U (N. PERRY: (415) 575-9066)
T-THIRD PHASE 3 CONCEPT STUDY – Informational Presentation, the Central Subway Light Rail line, also known as the T-Third Phase 2, will begin operating in early 2019, providing rail service as far north as Washington Street in Chinatown. At the request of Supervisor David Chiu and community members interested in the possibility of preserving corridor rights-of-way for a potential extension project, the San Francisco Municipal Transportation Authority (SFMTA), Transportation Authority, and Planning Department recently conducted the T-Third Phase 3 Concept Study to evaluate continuing rail service further north to North Beach and Fisherman’s Wharf. This high-level technical feasibility study evaluated the potential benefits, costs and constructability of alternative alignments in three sample corridors. The study finds that several concepts are technically feasible, and most score in the highest category of the Federal Transit Administration’s cost effectiveness measures. All-underground concepts have the greatest benefits and remain cost effective despite higher costs. The study does not recommend a specific alternative or next steps, but is intended to inform several upcoming planning efforts which will consider this potential project in the context of other local and regional transit investment priorities.
Preliminary Recommendation: None – Informational
SPEAKERS: + Troy Campbell – Support
+ Bruce Ajid – Housing and jobs
+ Pat Valentino – North south connection
+ Julie Christensen – Support
- Howard Wong – Other alternatives
= Joe Buttler - Alternatives
ACTION: None - Informational
10. 2014.1609T (D. SÁNCHEZ: (415) 575-9082)
ARCADES IN THE UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT [BOARD FILE NO. 140982] – Planning Code Amendment introduced by Supervisor Wiener amending the Planning Code to permit arcades in the Upper Market Neighborhood Commercial Transit District; 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 a Recommendation of Approval with Modifications
SPEAKERS: None
ACTION: Adopted a Recommendation to amend the Upper Market NCT and for the BoS to consider continuing the discussion of expanding the legislation citywide.
AYES: Wu, Antonini, Johnson, Moore, Richards
ABSENT: Fong, Hillis
RESOLUTION: 19299
11. 2012.1180T (K. HADDADAN: (415) 575-9068)
DEFINITION AND CONTROLS FOR HOMELESS SHELTERS TO COMPLY WITH STATE LAW - Planning Code Amendment to define Homeless Shelter and to establish zoning, open space, parking, and good neighbor policies for this use in compliance with California Government Code requirements; and affirming the Planning Department’s California Environmental Quality Act determination and making findings of consistency with the City’s General Plan, and the eight priority policies of Planning Code, Section 101.1. Preliminary Recommendation: Adopt a Recommendation of Approval
SPEAKERS: + Bevan Dufty – Homelessness, improved resources
+ Rev. Karen Oliveto – Support
+ Del Symore – Homeless veterans
+ Angela Brown – Support
+ Gwendoly Westbrook – Services to the homeless
+ Christy Fairchild – Support
+ Suzane Rebeka – Clustering homeless services
= Janet Carpinelli – Neighborhood notification
+ Scott Walton – Response to questions
ACTION: Adopted a Recommendation for Approval
AYES: Wu, Fong, Antonini, Hillis, Johnson, Moore, Richards
RESOLUTION: 19300
12a. 2013.0986CX (R. SUCRE: (415) 575-9108)
1140 FOLSOM STREET - located at the northeast corner of Folsom and Rausch Streets, Lots 015, 075, 077, 078 and 080 in Assessor’s Block 3730 - Request for a Conditional Use Authorization and Planned Unit Development (PUD), pursuant to Planning Code Sections 121.1, 121.7, 303 and 304, for the new construction of a four-to-six-story, mixed-use building (approximately 153,675 gsf) with 112 dwelling units, ground floor corner retail (approximately 5,600 sq ft), 88 off-street parking spaces, 104 Class 1 bicycle parking spaces, 8 Class 2 bicycle parking spaces, and private and common open space. Per Planning Code Sections 121.1 and 121.7, the project is required to obtain Conditional Use Authorization for development on a lot greater than 10,000 square feet within the Folsom Street NCT Zoning District, and for the merger of lots, which would create more than 50-ft of street frontage within the RED Zoning District. Under the PUD, the project is seeking modification to certain Planning Code requirements, including: 1) rear yard (Planning Code Section 134); 2) open space (Planning Code Section 135); 3) dwelling unit exposure (Planning Code Section 140); 4) off-street parking (Planning Code Section 151.1); and, 5) off-street loading (Planning Code Section 152.1). The subject property is located within the Folsom St NCT (Neighborhood Commercial Transit) and Residential Enclave (RED) Zoning Districts, and 40-X/65-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.
Preliminary Recommendation: Approve with Conditions
(Continued from Regular Meeting of November 20, 2014)
SPEAKERS: + Christ Haglen – Project presentation
+ Brendan Smith – Support
+ Jessica Sperling – Intersection safety
+ Martha Bradigan – Larger ___
- (M) Speaker – Driveway
+ Rob Poole – Driveway
= Susan Schindler – Driveway on Folsom parking
+ Adrian Simi – Carpenter’s Union support
+ Josh Corzan – Response to questions
ACTION: Approved with Conditions, recognizing the additional bulb-out, raised or high visibility crosswalk and revised design; but no additional parking.
AYES: Wu, Fong, Antonini, Hillis, Johnson, Moore, Richards
MOTION: 19301
12b. 2013.0986CX (R. SUCRE: 415/575-9108)
1140 FOLSOM STREET - located at the northeast corner of Folsom and Rausch Streets, Lots 015, 075, 077, 078 and 080 in Assessor’s Block 3730 - Request for a Large Project Authorization (LPA), pursuant to Planning Code Section 329, for the new construction of a four-to-six-story, mixed-use building (approximately 153,675 gsf) with 112 dwelling units, ground floor corner retail (approximately 5,600 sq ft), 88 off-street parking spaces, 104 Class 1 bicycle parking spaces, 8 Class 2 bicycle parking spaces, and private and common open space. Under the LPA, the project is seeking a modification to certain Planning Code requirements, including: 1) rear yard (Planning Code Section 134); 2) open space (Planning Code Section 135); 3) dwelling unit exposure (Planning Code Section 140); 4) off-street parking (Planning Code Section 151.1); 5) off-street loading (Planning Code Section 152.1); and, 6) horizontal mass reduction (Planning Code Section 270.1). These modifications are similar to the modifications sought under the PUD. The subject property is located within the Folsom St NCT (Neighborhood Commercial Transit) and Residential Enclave (RED) Zoning Districts, and 40-X/65-X Height and Bulk District.
Preliminary Recommendation: Approve with Conditions
(Continued from Regular Meeting of November 20, 2014)
SPEAKERS: Same as Item 12a.
ACTION: Approved with Conditions
AYES: Wu, Fong, Antonini, Hillis, Johnson, Moore, Richards
MOTION: 19302
13. 2011.1374KX (R. SUCRÉ: (415) 575-9108)
800 INDIANA STREET - located on the west side of Indiana Street between 20th and 22nd Streets, Lot 009 in Assessor’s Block 4105 - Request for a Large Project Authorization (LPA), pursuant to Planning Code Section 329, for the new construction of a five-story, residential building (measuring approximately 58-feet high and approximately 431,020 gsf) with up to 326 dwelling units, 260 off-street parking spaces, 195 Class 1 bicycle parking spaces, 16 Class 2 bicycle parking spaces, and private and common open space. Under the LPA, the project is seeking a modification to certain Planning Code requirements, including: 1) rear yard (Planning Code Section 134); 2) open space (Planning Code Section 135); 3) permitted obstructions over the street, setback, yard or useable open space (Planning Code Section 136); 4) dwelling unit exposure (Planning Code Section 140); 5) off-street loading (Planning Code Section 152.1); and, 6) horizontal mass reduction (Planning Code Section 270.1). Per Planning Code Section 295, the project also requires authorization from the Planning Commission for impacts to nearby property under the jurisdiction of the Recreation and Parks Commission. The subject property is located within the UMU (Urban Mixed-Use) Zoning District and 58-X Height and Bulk District.
SPEAKERS: + Joe Kirchofer – Project presentation
+ Peter Waller – Project design
+ Owen Kennerlly – Project design
+ (M) Speaker – Project design
+ Susan Eslick – Neighborhood engagement resulting in support
+ Rob Poole – Support
+ Janet Carpinelli – Support
+ Joel Koppell – Support
ACTION: After Hearing and closing public comment; adopted a Motion of Intent to Approve with Conditions, including the Project Sponsor continue working with staff on the freeway side façade; and Continued to the January 8, 2015 Consent Calendar
AYES: Wu, Fong, Antonini, Hillis, Johnson, Moore, Richards
The Commission Discretionary Review Hearing Procedures provide for presentations by staff; followed by the DR requestor team; followed by public comment opposed to the project; followed by the project sponsor team; followed by public comment in support of the project. Please be advised that the DR requestor and project sponsor teams include: the DR requestor and sponsor or their designee, lawyers, architects, engineers, expediters, and/or other advisors.
14. 2014.0279D (S. LAI: (415) 575-9087)
2744 STEINER STREET – east side between Vallejo Street and Broadway; Lot 015 in Assessor’s Block 015 - Request for Discretionary Review of Building Permit Application No. 2014.02.14.8525, proposing to construct horizontal expansions at three levels, including a two-story rear addition, the addition of three dormers, the replacement of the front bay projection, and regularization of the southwest corner at the third floor of the two-and-a-half story over garage single-family house. The proposal will add approximately 660 square feet of habitable space. The project also includes remodeling of the interior and other exterior modifications including new windows and doors. The subject property is within a RH-1 (Residential, Single-family) District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.
Staff Analysis: Abbreviated Discretionary Review
Preliminary Recommendation: Do Not Take Discretionary Review and Approve
SPEAKERS: - Joe Butler – DR presentation
- Carina Ryan Wexler – Opposed
- Isabella Talebi – Opposed
+ David Cincotta – Project presentation
+ Brian Gerrardo – Support
+ Steven Sutro – Response to questions
ACTION: Took DR and removed 2’-6” from the rear of the proposed second level
AYES: Wu, Fong, Antonini, Hillis, Johnson
NAYES: Moore, Richards
DRA No: 0397
15a. 2014.1497D (M. WOODS: (415) 558-6315)
2655 BRODERICK STREET - west side between Green and Vallejo Streets; Lot 002 in Assessor’s Block 0955 - Request for Discretionary Review of Building Permit Application No. 2013.09.12.6709, proposing to (1) legalize an existing 425 square-foot roof deck and stair penthouse; (2) add a one-hour fire-rated parapet wall along the south property line of the roof deck; and (3) modify the existing parapet wall/guardrail from 38 inches to 42 inches in height at the existing three-story, single-family house within a RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.
Staff Analysis: Abbreviated Discretionary Review
Preliminary Recommendation: Do Not Take Discretionary Review and Approve
SPEAKERS: - Paul Cox – DR presentation
= Don Heeserlcorse – Proper process
+ Craig Nikitas – Project presentation
- Rodrigo Santos – DR rebuttal
- Frank Rolo - Fill
ACTION: No DR
AYES: Wu, Fong, Antonini, Hillis, Johnson, Moore, Richards
DRA No: 0398
15b. 2014.1498D (M. WOODS: (415) 558-6315)
2655 BRODERICK STREET - west side between Green and Vallejo Streets; Lot 002 in Assessor’s Block 0955 - Request for Discretionary Review of Building Permit Application No. 2013.09.12.6711, proposing to legalize the as-built condition of a second-story deck, and stairs connecting the deck to grade constructed under Building Permit Application No. 8504468 at the rear of the three-story, single-family house within a RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.
Staff Analysis: Abbreviated Discretionary Review
Preliminary Recommendation: Do Not Take Discretionary Review and Approve
SPEAKERS: Same as Item 15a.
ACTION: No DR
AYES: Wu, Fong, Antonini, Hillis, Johnson, Moore, Richards
DRA No: 0398
H. PUBLIC COMMENT
At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting with one exception. When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Commission has closed the public hearing, your opportunity to address the Commission must be exercised during the Public Comment portion of the Calendar. Each member of the public may address the Commission for up to three minutes.
The Brown Act forbids a commission from taking action or discussing any item not appearing on the posted agenda, including those items raised at public comment. In response to public comment, the commission is limited to:
(1) responding to statements made or questions posed by members of the public; or
(2) requesting staff to report back on a matter at a subsequent meeting; or
(3) directing staff to place the item on a future agenda. (Government Code Section 54954.2(a))
Adjournment – 7:16 P.M. In honor of Jennifer matz.
ADOPTED: January 8, 2015
