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City and County of San Francisco

February 06, 2003

February 06, 2003

 

SAN FRANCISCO PLANNING COMMISSION



SAN FRANCISCO
PLANNING COMMISSION
Meeting Minutes

Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Tuesday, February 6, 2003
1:30 PM
Regular Meeting

COMMISSIONERS PRESENT:          Shelley Bradford Bell, Michael J. Antonini; Rev. Edgar E. Boyd,
Kevin Hughes
COMMISSIONERS ABSENT:          Lisa Feldstein, Sue Lee, William L. Lee

THE MEETING WAS CALLED TO ORDER BY PRESIDENT BRADFORD BELL AT 1:30 p.m.

STAFF IN ATTENDANCE: Gerald Green – Director; Larry Badiner -Zoning Administrator; Susan Cleveland-Knowles, Deputy City Attorney; Daniel Sirois; Jeffrey Tully; Adam Light; Daniel Sider; Jonathan Purvis; Tina Tam; Geoffrey Nelson; Jamilla Vollmann; Michael Li; Kay Simonson; Michael Smith; Glenn Cabreros; Winslow Hastie; Nora Priego – Transcription Secretary; Linda Avery - 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.          2002.1101D          (D. SIROIS: (415) 558-6313)
                    408 FAIR OAKS - east side of Fair Oaks, between 25th & 26th Streets, Lot 038, Assessor's Block 6533 - Mandatory Discretionary Review, under the Planning Commission’s policy requiring review of housing demolition, of Demolition Permit Application 2002.1001.7854 seeking to merge two dwelling units in a four unit building located in an RH-3 (Residential House, Three-Family) District and in a 40-X Height and Bulk District.
                    Preliminary Recommendation: Do not take Discretionary Review and Approve Project.
                    (Proposed for Continuance to: March 13, 2003)

SPEAKER(S):          None
ACTION:          Continued to March 13, 2003
AYES:          Antonini, Bradford Bell, Boyd, Hughes
ABSENT:          Lisa Feldstein, S. Lee, W. Lee


          2.          2002.1169T           (P. LORD: (415) 558-6311)
CONDITIONAL USE EXEMPTION FOR RESIDENTIAL PROJECTS OVER 40 FEET IN HEIGHT - Consideration of an Ordinance amending the San Francisco Planning Code by amending Section 253 that currently requires conditional use approval for residential construction over 40 feet in residential districts with height limits over 40 feet to add an exception for housing projects that include at least 12 percent affordable units and meet other requirements of the Inclusionary Affordable Housing Program; and making a determination of consistency with the priority policies of Planning Code Section 101.1(b).
                    Preliminary Recommendation: Pending
                    (Proposed for Indefinite Continuance)

SPEAKER(S):          None
ACTION:          Continued Indefinitely
AYES:          Antonini, Bradford Bell, Boyd, Hughes
ABSENT:          Lisa Feldstein, S. Lee, W. Lee

          3.          2002.0430C          (J. IONIN: (415) 558-6309)
378 10TH AVENUE, A.K.A. 389 9TH AVENUE - northwest corner of 9th Avenue and Geary Boulevard; Lot 035 in Assessor’s Block 1441 - Request for Conditional Use authorization pursuant to Section 712.83 of the Planning Code to install a total of six antennas and related equipment for AT&T Wireless Services, on the roof of an existing three-story, 53-foot tall, industrial structure within an NC-3 (Moderate-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District. Per the City & County of San Francisco's Wireless Telecommunications Services (WTS) Facilities Siting Guidelines the proposal is a Preferred Location Preference 1 as it is both a co-location site and an industrial building in an NC-3 District.
Preliminary Recommendation: Approval with conditions.
(Continued from Regular Meeting of January 23, 2003)
Note: On January 23, 2003, this item was continued to February 27, 2003.

SPEAKER(S):          None
ACTION:          No Action Required.

          4.          2002.0657C          (J. IONIN: (415) 558-6309)
3725 BUCHANAN STREET - west side between Beach Street and North Point Street; Lot 004 in Assessor’s Block 0445A: Request for Conditional Use authorization pursuant to Section 711.83 of the Planning Code to install a total of eight antennas and related equipment for Verizon Wireless, on the roof of an existing four-story, 45-foot tall, commercial structure within an NC-2 (Small-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District. Per the City & County of San Francisco's Wireless Telecommunications Services (WTS) Facilities Siting Guidelines the proposal is a Preferred Location Preference 4 as it is a commercial building in an NC-2 District.
Preliminary Recommendation: Approval with conditions.
(Continued from Regular Meeting of January 23, 2003)
Note: On January 23, 2003, this item was continued to February 27, 2003.

SPEAKER(S):          None
ACTION:          No Action Required.

B.          COMMISSIONERS' QUESTIONS AND MATTERS

5.          Consideration of Adoption - draft minutes of January 9, 16, and 23, 2003

SPEAKER(S):          None
ACTION:          Minutes of January 9, and 23, 2003 Approved.
          Minutes of January 16, 2003 – Continued to February 13, 2003.
AYES:          Antonini, Bradford Bell, Boyd, Hughes
ABSENT:          Lisa Feldstein, S. Lee, W. Lee

                    6.                    Commission Comments/Questions

Commissioner Antonini:
1) Re: Stonestown Project
He has consulted with the City Attorney's office to see if he will be able to participate on this case. We are trying to determine if I live within 500 feet of the project. The City Attorney's office will let him know.

2) Re: Backlog of Projects
He would like to have the department explore various ways to open up more days and/or add more time to each hearing in order to consider Planning Commission cases. There have been a few cases that had to be continued creating a backlog. There are some projects that have serious economic consequences if they are delayed. Perhaps some options would be: 1) making the 5th Thursday of the month a hearing date; 2) starting earlier than 1:30 p.m.; 3) adding an additional evening session in the month. He would like planning staff to look at these three options to see which would be the most cost
effective.

Commissioner Boyd:
Re: Backlog of Projects
He would like to ask staff how extensive the backlog of projects is. This would make him understand and consider the proposals from Commissioner Antonini. He would not be in support of having the 5th Thursday of the month as a hearing date. He would be in support of starting earlier.

Commissioner Bradford Bell:
She is aware of the concerns from the Commissioners. She would like the Director, the Commission Secretary and herself to discuss these concerns and get back to the Commission.

C.          DIRECTOR'S REPORT

7.          Director's Announcements

On February 13, 2003 – The Department's budget is scheduled for hearing before this Commission.

On February 20, 2003 – There will be a presentation on the Telecommunications Guidelines scheduled for hearing before this Commission.

8.          Review of Past Week's Events at the Board of Supervisors and Board of Appeals
BOS – Report by John Paul Samaha
Re: Glen Park Marketplace Project
- The Board unanimously voted to uphold the Conditional Use Authorization granted by the Planning Commission at its December 5, 2002 hearing.

Re: Fourth and Freelon Special Use District
- The Board, acting as a committee as a whole, introduced amendments on this project. Supervisor Daly, the sponsor of the legislation, introduced an amendment that includes most if not all of the recommendations that were made by the Planning Commission at its January 9, 2003 hearing. There were a couple of minor amendments made to the amendment of the whole: 1) one was clarifying language about the offsetting of the land acquisition costs to ensure that no less than 56 affordable units were actually build. 2) language added to ensure that the project sponsor has  insurance against construction defects for the affordable housing units off-site.
- The Board of Supervisors could not vote on the amendment of the whole since the City Attorney deemed the amendments substantive. The matter was continued for one week, when the Committee of the Whole will hold another hearing and vote on the legislation at its February 11, 2003.

Re: Land Use Committee
- The members of the new Land Use Committee have been established, with the exception of Supervisor Sophie Maxwell. The Committee Chair will be Supervisor Jake McGoldrick; the Vice Chair will be Supervisor Tony Hall and the other member will be Supervisor Amiano. This Committee will meet every Monday at 1:00 p.m. beginning February 17, 2003. This will be a trial period for about 4 to 6 weeks, at which point the Committee might reconsider the need to hold Committee meetings on a weekly basis.

Re: New Legislation Introduced
1) Supervisor McGoldrick has re-introduced 2 pieces of legislation that had previously been sponsored by former Supervisor Mark Leno:
a) Ordinance amending the Planning Code to create and establish controls for Transit-oriented Neighborhood Commercial (NC-T) Districts and Transit-Intensive Special Use Districts.
b) Ordinance amending the Planning Code section 253 that currently requires Conditional Use approval for residential construction over 40 feet in residential districts with height limits over 40 fee to add an exception for housing projects that include at least 12 percent affordable units and meet other requirements of the Inclusionary Affordable Housing Program.
2) Supervisor Hall introduced the ordinance designating the Laguna Honda Station, also known as the Forest Hill Station, at 390 Laguna Honda Boulevard as a landmark. The designation had been initiated by the Landmarks Advisory Board and has already been passed by this Planning Commission. It will now proceed to the Land Use Committee of the Board for action.

Re: Special Rules Committee
- There will be a special Rules Committee meeting this coming Monday, February 10, 2003 at 2:30 p.m. to consider Supervisor McGoldrick's resolution creating an 11-member Planning-Audit Implementation Advisory Group.


BOA
Hearing of January 29, 2003:
Re: 1469 18th Street (Lingba Lounge)
Bar on Potrero Hill in an NC-2 district. There is a new owner and he has been operating in a different way--he has sought a place of entertainment permit that would allow him to have a DJ (which requires a police permit). The Police Department referred this permit to the Planning Department. On September 9, the Planning Department mailed out a Section 312 Notice for a change of Use to add the Place of Entertainment permit. On September 18, 2002, the Police Department disapproved the Place of Entertainment permit, partially based on a lack of response from the Planning Department--although the 30 days for the 312 Notice had not expired. We were not notified of this disapproval. A Discretionary Review was filed within the 30 day period and was scheduled for hearing on December 5, 2002. In late November, we found out that the Place of Entertainment permit had been denied, thus making the DR moot. The Board of Appeals heard the appeal of the Police Department's disapproval on January 29th and held it to the call of the chair so that the Planning Commission could hear the Discretionary Review. This all means that there should be more communication between the Police Department and the Planning Department. This case will come before the Commission on March 6, 2003.

Re: 2629 24th Street
Discretionary Review by a tenant in a building which was being demolished. This came before the previous Commission. There were problems with the address because the project sponsor filed it with an address that was different than the one actually on the building. The previous Commission was concerned about the whole noticing process and denied the building permit, not necessarily because they were opposed to the project, but because they felt that the procedure was not as it should be and that the tenant had not had adequate notice.
This was appealed to the BOA. They granted the permit because the tenant (the DR applicant) had settled with the project sponsor.

D.          REGULAR CALENDAR

          9.          2002.0281EC          (D. SIROIS: (415) 558-6313)
5825-5845 MISSION STREET, 50-68 OLIVER STREET & 846-848 BRUNSWICK STREET (AKA SAN FRANCISCO CHRISTIAN CENTER) - Lots 2,3,5,14,15,27 Assessor's Block 6472 - Request for conditional use authorization to amend an existing Planned Unit Development that includes increasing the project site from 51,886 square feet to 70,839 square feet; demolishing an existing two-story office/multiuse building and constructing a new three-story, 13,390 square foot office/multiuse building; converting rear yards on lots 3 & 5 to 53 off-street parking spaces and; converting the existing single-family house on lot 5 to a meeting/multiuse space. The proposal requires conditional use findings for: lot size over 10,000 square feet pursuant to Planning Code Sections 711.11 & 121.1; non-residential use size over 4,000 square feet for the proposed office/multiuse building pursuant to Sections 711.21& 121.2; large institutional use at the second and third levels for the proposed office/multiuse building pursuant to Section 711.81 & 790.50; non-accessory parking for 47 stalls in a parking facility located in an RH-1 District pursuant to Sections 151, 157, 204.5 and 209.7 and; institutional use in an RH-1 District to allow a single-family house to be used as a meeting/multiuse space pursuant to Section 209.3(j). The proposal also requires an exception to the rear yard requirements of Planning Code Section 134. Lots 2 & 27 of the project site are located in an NC-2 (Small-Scale Neighborhood Commercial) District, and lots 3,5,14 & 15 are located in an RH-1 (Residential House, One-family) District. The entire site lies in a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with conditions
(Continued from Regular Meeting of January 23, 2003)

SPEAKER(S):
(+) Bishop Donald Green
- This project has been something that has been in our hearts for many years.
- He believes that they have gone through the proper procedures and met with the appropriate people and groups.
- He stated that he is available for questions.
(+) Steven Currier – President of the Outer Mission Resident's Association
- He did meet with the project sponsor and the architect.
- They (his organization) are very satisfied with the project.
- He apologizes because he thought that this case was someplace else.
- The Executive Board unanimously supports this project.
- They will be good neighbors.
- There was a question regarding parking and traffic since it s a large congregation but he will be working with Bishop Green.
- Director Green has been very supportive of the Outer Mission Residents Association.
(+) Robert Budrow
- He owns a business across the street from the church.
- He is very happy that the church will be expanding.
- Because of their programs, there is no graffiti and no gang activity.
ACTION:          Approved
AYES:          Antonini, Bradford Bell, Boyd, Hughes
ABSENT:          Feldstein, S. Lee, W. Lee
MOTION:          16517

          10a.          2002.0775LTZ           (J. TULLY: (415) 558-6372)
                    DOGPATCH HISTORIC DISTRICT - an area generally between Indiana and Third Street, odd and even addresses, from 18th to Tubbs Street. Including Assessor’s Block 3996: Lots 004, 005, 006, 007; Block 4043: Lots 001, 002, 003, 004, 005, 005A, 006, 011B, 014, 015, 016; Block 4060: Lots 001, 004, 006-063; Block 4106: Lots 001A, 002, 003, 004, 005, 005A, 006, 007, 008, 009, 009A, 010, 011, 012, 013, 014, 015; Block 4107: Lots 001B, 002A, 002B, 002C, 002E, 002F, 002G, 002H, 002I, 002J, 002K, 002L, 002M, 002N, 003, 004, 005, 006, 007, 008, 009, 010, 011, 012, 013, 014, 015, 016, 017, 018, 019, 020, 021, 022, 023, 026-057; Block 4108: Lots 001, 003A, 003C, 003D, 003E, 003G, 003H, 003O, 003P, 004, 005, 006, 008, 009, 010, 011, 012, 013, 014, 014A, 015, 017, 018, 019, 020, 021; Block 4171: Lots 001, 002, 003, 004, 005, 006, 007, 014, 015, 017; Block 4172: Lots 001, 002, 003, 015, 016, 018, 018A, 019, 020, 021, 025, 027, 028, 029, 032, 034, 034A, 034B, 035, 036, 041, 044-046, 047, 048, 049, 050, 051, 052, 053: Request for the Planning Commission to adopt a Draft Resolution approving the proposed Dogpatch Historic District designation, which was initiated by Supervisors Maxwell, Leno and Peskin on June 3, 2002, by Resolution No. 409-02, (the ordinance designating the historic district was presented by Supervisor Maxwell on November 12, 2002 as File No. 021476), and to recommend that the Board of Supervisors approve the historic district designation of Dogpatch.
                    Preliminary Recommendation: Approval

SPEAKER(S):
(+) Tim Kelley – President to the Landmarks Preservation Advisory Board
- This project was actually initiated by the neighborhood.
- This is a good example of collaborative preservation activities, which makes it easy to recommend this to the Commission.
(+) Charles Chase – Executive Director of SF Architectural Heritage
- He has been involved in this case for about four years.
- This legislation was prompted by the neighbors.
- He believes that it is import to recognize and protect the last of the 19th and early 20th century residential resources which came about as a part of the maritime history.
- He urges the Commission to look at this favorably and approve it.
(+) Chris Verplanck – Page & Turnbull
- This project is significant as one of the last remaining mixed use, pre quake, industrial and residential districts left in San Francisco.
(+) Mark Paez – Port of San Francisco
- The port is the single land owner in the Waterfront.
- This designation would complement the Port's efforts to create a Pier 70.
(+) Joe Boss – Potrero Boosters
- This has been an undertaking for about three years.
- He would like to have this move forward.
(+) Susan Eslick – President of the Dogpatch Neighborhood Association
- The Association has worked over four years with various organizations regarding this designation. There has been commitment to this process and that is why there is no opposition.
- This designation would help protect these resources.

ACTION:          Approved
AYES:          Antonini, Bradford Bell, Boyd, Hughes
ABSENT:          Feldstein, S. Lee, W. Lee
MOTION:          16518

          10b.          2002.0775LTZ            (J. TULLY: (415) 558-6372)
                    DOGPATCH HISTORIC DISTRICT – TEXT CHANGE TO ARTICLE 10 OF THE PLANNING CODE – Consideration of an Ordinance amending Article 10 of the Planning Code by the addition of Appendix L (Dogpatch Historic District), and making a determination of consistency with the priority policies of Planning Code Section 101.1(b).
                    Preliminary Recommendation: Adoption of the Draft Resolution recommending the Planning Code Amendments for the creation of Appendix L to Article 10.

SPEAKER(S):          Same as those listed in item 10a.
ACTION:          Approved
AYES:          Antonini, Bradford Bell, Boyd, Hughes
ABSENT:          Feldstein, S. Lee, W. Lee
MOTION:          16519

          10c.          2002.0775LTZ            (J. TULLY: (415) 558-6372)
                    DOGPATCH HISTORIC DISTRICT – ZONING MAP CHANGE – Consideration of an amendment to the Zoning Map to create the Dogpatch Historic District by adding Sheet 8PD to the Zoning Maps and include the new district boundary in an area generally between Indiana and Third Street, odd and even addresses, from 18th to Tubbs Street. Assessor’s Block 3996: Lots 004, 005, 006, 007; Block 4043: Lots 001, 002, 003, 004, 005, 005A, 006, 011B, 014, 015, 016; Block 4060: Lots 001, 004, 006-063; Block 4106: Lots 001A, 002, 003, 004, 005, 005A, 006, 007, 008, 009, 009A, 010, 011, 012, 013, 014, 015; Block 4107: Lots 001B, 002A, 002B, 002C, 002E, 002F, 002G, 002H, 002I, 002J, 002K, 002L, 002M, 002N, 003, 004, 005, 006, 007, 008, 009, 010, 011, 012, 013, 014, 015, 016, 017, 018, 019, 020, 021, 022, 023, 026-057; Block 4108: Lots 001, 003A, 003C, 003D, 003E, 003G, 003H, 003O, 003P, 004, 005, 006, 008, 009, 010, 011, 012, 013, 014, 014A, 015, 017, 018, 019, 020, 021; Block 4171: Lots 001, 002, 003, 004, 005, 006, 007, 014, 015, 017; Block 4172: Lots 001, 002, 003, 015, 016, 018, 018A, 019, 020, 021, 025, 027, 028, 029, 032, 034, 034A, 034B, 035, 036, 041, 044-046, 047, 048, 049, 050, 051, 052, 053. The district encompasses several zoning districts, including: RH-2 (Residential, Two-Family), RH-3 (Residential, Three-Family), NC-2 (Small-Scale Neighborhood Commercial), M-2 (Heavy Industrial), and P (Public Use) districts.
                    Preliminary Recommendation: Adoption of the Draft Resolution in support of the amendment to the Zoning Map to create the Dogpatch Historic District by adding Sheet 8PD to the Zoning Maps.

SPEAKER(S):          Same as those listed in item 10a.
ACTION:          Approved
AYES:          Antonini, Bradford Bell, Boyd, Hughes
ABSENT:          Feldstein, S. Lee, W. Lee
MOTION:          16520

          11.          2002.1286C          (A. LIGHT: (415) 558﷓6254)
                    1441 GRANT AVENUE - west side between Union and Green Streets, Lot 5, in Assessor’s Block 116 -- Request for a Conditional Use authorization to operate a full service restaurant. The project lies within the North Beach Neighborhood Commercial Zoning District, and within a 40-X Height and Bulk District. This proposal is to relocate the North End Caffe coffee shop to 1441 Grant Avenue, which is across the street from its existing location at 1402 Grant Avenue. The proposed coffee shop will occupy approximately 1,200 square feet of gross floor area, and will serve coffee and other beverages, breakfast and light meals, per customer orders, and baked goods, most of which will be prepared on-site in a full service kitchen and will be served to customers at their tables with non-disposable dishes and flatware. Per Section 722.42 of the Planning Code, a Conditional Use authorization is required for full service restaurants in the North Beach Neighborhood Commercial District.
Preliminary Recommendation: Approval with Conditions

SPEAKER(S):
(+) Joe Parrelli
- This cafe has been operating in the neighborhood since the beginning of 1990.
- He has received nothing but positive feedback about expanding.
(+/-) Nan Roth
- She lives one block away from this location.
- This project has not been brought before the neighborhood association.
- she is concerned with this being a change of use and hopes it will not turn into an entertainment venue or a hard liquor establishment.
- She is also concerned about the loss of retail space. There are just too many restaurants.
ACTION:          Approved
AYES:          Antonini, Bradford Bell, Boyd, Hughes
ABSENT:          Feldstein, S. Lee, W. Lee
MOTION:          16521

          12a.          2002.0735CVK          (D. SIDER: (415) 558-6697)
296 TOWNSEND STREET, a landlocked lot between 4th, Brannan, Townsend, and Lusk Streets; Lot 163 in Assessor's Block 3787: Request for Conditional Use Authorization pursuant to Planning Code Sections 818.14 and 102.7 to allow the establishment of a dwelling unit within an SSO (Secondary Service / Office) Mixed-Use Zoning District. The proposal is to convert an existing 3-level live/work unit into a dwelling unit so that (1) the existing 3rd story could be expanded to accommodate 520 additional square feet of floor area and (2) 170 square feet of floor area could be added within the existing 2nd level . The work would include raising the overall height of the building by up to 7 feet. Planning Code Sections 233 and 181 prohibit the expansion or intensification of live/work units. A Rear Yard Modification, pursuant to Planning Code Section 134(e), is also requested as part of this project. The subject property is within an SSO Mixed-Use Zoning District and a 50-X Height and Bulk District.
          Preliminary Recommendation: Approval with conditions.
(Continued from Regular Meeting of January 23, 2003)

SPEAKER(S):
(+) Bob Meyers – City Planning Consultant
- The project sponsor did their homework and spoke with the neighbors.
- There were two letters of opposition from people who thought this was the Fourth and Freelon project.
- The project is quite a minimal expansion.
- This is an emerging residential neighborhood.
- This expansion will not affect the view, sun or air from adjacent structures.
(+) Lindy Small – Project Architect
- She described the project.
ACTION:          Approved
AYES:          Antonini, Bradford Bell, Boyd, Hughes
ABSENT:          Feldstein, S. Lee, W. Lee
MOTION:          16522

          12b.          2002.0735CVK          (D. SIDER: (415) 558-6697)
296 TOWNSEND STREET, a landlocked lot between 4th, Brannan, Townsend, and Lusk Streets; Lot 163 in Assessor's Block 3787: Request for a Rear Yard Modification to allow the creation of a new dwelling unit without the required rear yard. The proposal is to convert an existing live/work unit into a dwelling unit and to perform interior and exterior alterations. Without such modification, Planning Code Sections 134(a)(1) and 134(a)(1)(C) would require that 25 percent of the total lot depth be provided at the lowest story containing a dwelling unit and at each succeeding level. As measured from 4th Street, the total depth of the subject lot is 136 feet; a 34 foot required rear yard is therefore required for the proposed dwelling unit. At all levels of the proposed dwelling, the rearmost 31 feet of the lot are occupied by a 3-story live/work unit. A rear yard is not required for live/work units. The subject property is within an SSO Mixed-Use Zoning District and a 50-X Height and Bulk District.
(Continued from Regular Meeting of January 23, 2003)

SPEAKER(S):          Same as those listed in item 12a.
ACTION:          Zoning Administrator closed the public hearing and granted the variance.

          13a.          2002.1048CV          (J. PURVIS: (415) 558-6354)
                    53-55 ELIZABETH STREET - south side between Guerrero Street and San Jose Avenue; Lot 023 in Assessor's Block 3645 – Request for Conditional Use Authorization under Board of Supervisor's Resolution No. 500-02 (Mission District Interim Controls), to merge two dwelling units; within an RH-3 (Residential, House, Three-Family) Zoning District with a 40-X Height and Bulk designation.
                    Preliminary Recommendation: Disapproval.

SPEAKER(S):
(+) Don Rob – Project Designer
- This building has many deficiencies.
- The owners and their families occupy both flats and wish to continue to occupy the building as a single family residence.
- This merger would allow improvements to the kitchen as well as the heating and electrical systems. It would also improve the design deficiencies.
- He hopes that the Commission will allow this merger.
(+) Roger Miller
- He hopes that the Commission will consider their reasons for this project before making their decision.
- He knows how important these proceedings are. He truly supports the importance of not reducing the housing stock and this proposal will not reduce the occupancy of the house at all since they already occupy it as a single family.
- He and his wife plan to have more children and to have both sets of parents live with them.
- It is difficult to go up and down stairs with keys to access a separate unit. It's just very difficult when there is a toddler around.
(+) Seth Miller
- He totally supports this project.
(+) Ruth Bond
- She truly supports this project.
- This project makes a lot of sense.
(+) Renette Finley
- She is visiting now and comes quite frequently to visit her family.
- She is only one family member who comes to visit but there are also more family members that come to visit the project sponsor.
ACTION:          Public Hearing closed, item continued to February 13, 2003.
AYES:          Antonini, Bradford Bell, Boyd, Hughes
ABSENT:          Feldstein, S. Lee, W. Lee



          13b.          2002.1048CV           (J. PURVIS: (415) 558-6354)
53-55 ELIZABETH STREET - south side between Guerrero Street and San Jose Avenue; Lot 023 in Assessor's Block 3645 – Request for a Rear Yard Variance to construct a deck and stairs within the rear yard of the subject property, within an RH-3 (Residential, House, Three-Family) Zoning District with a 40-X Height and Bulk designation.

SPEAKER(S):          Same as those listed in item 13a.
ACTION:          Public hearing closed. Zoning Administrator continued this item to February 13, 2003.

          14.          2002.1087C          (T. TAM: (415) 558-6325)
                    1201-19TH AVENUE - Lot 1 in Assessors Block 1731. Conditional Use authorization request pursuant to Planning Code Sections 209.3 and 303 to allow the establishment of an institutional use in a building presently used for a commercial retail establishment in an RM-2 (Residential, Moderate Density) District and a 40-X Height and Bulk District. The proposal is to establish the Church in San Francisco, approximately 10,580 square feet in size and will include minor exterior and interior alterations that will not result in expansion of the building envelope.
                    Recommendation: Approval with Conditions

SPEAKER(S):
(+) Jim Miller
- Their main location is on 46th Avenue and Judah Street but that location was not a safe one.
- The new location would be more central, safer and meet their parking needs.
- They have received much support from the community and from staff.
- They have signatures supporting their project.
- They communicated to SPEAK, who were in support of this project.
(+) Joseph Chan
- He is in support of this project and hopes that the Commission will approve it.
- This location is perfect for the church since it's safer and provides accessible parking.
- He hopes that the Commission will approve this project.
(+) Horace Wang
- They are very happy to have found this location for their church.
- He hopes that the Commission will approve this project and provide their senior citizens with a safe location to come and worship.
ACTION:          Approved as amended: Rephrase condition #1 to read as follows: The proposed church facility shall generally be 10,580 square feet (rather than "the proposed church facility can only be 10,580 square feet).
          Modify condition #15 to read as follows: The facility operator and project sponsor shall encourage employees and church members to park in the surface parking lot, rather than in front of nearby residential buildings to mitigate any potential undue parking issues to area residents (rather than encourage employees and church members to park in Golden Gate Park).
AYES:          Antonini, Bradford Bell, Boyd, Hughes
ABSENT:          Feldstein, S. Lee, W. Lee
MOTION:          16523

          15.          2002.1078C          (G. NELSON: (415) 558-6257)
                    3734 GEARY BOULEVARD - north side between Arguello Boulevard and Second Avenue; Lots 010 and 011 in Assessor's Block 1433: Request for Conditional Use authorization pursuant to Sections 712.21 and 712.83 of the Planning Code to establish a nonresidential use greater than 5,999 square feet in area, and to establish an Internet Services Exchange (considered a Public Use) within an NC-3 (Moderate Scale Neighborhood Commercial) District and an 80-A Height and Bulk District. The proposal is to construct an approximately 8,750 square foot, two-story, 50-foot wide switching hub for AT&T's digital Broadband service, to be built in two phases on two vacant parcels currently used as parking for AT&T. Lots 010 and 011 are proposed to be merged into a single lot. The building will contain equipment space, one off-street parking space, and approximately 1,500 square feet of retail/office space at the ground floor. No antennas or microwave dishes are proposed at this site.
                    Preliminary Recommendation: Approval with Conditions

SPEAKER(S):
(+) Tim Larkin – Project Architect
- He would like to request a longer period of time for the second phase since that phase would involve increased equipment demands for AT&T Broadband Cable Service.
- He is available for questions.
ACTION:          Approved as amended: revising the Motion and Findings to reflect the project sponsor’s submittal of the required findings per Section 303(h) of the Code, and the addition to the Conditions of Approval of Section 303(h)(2), requiring, among other things, follow-up testing and ongoing compliance with "all applicable local, state and federal permits, regulations and laws."
AYES:          Antonini, Bradford Bell, Boyd, Hughes
ABSENT:          Feldstein, S. Lee, W. Lee
MOTION:          16524

          16a.          2002.0470CV          (G. NELSON: (415) 558-6257)
2012 PINE STREET - north side between Laguna and Buchanan Streets; Lot 003A in Assessor's Block 0651: Request for Conditional Use authorization pursuant to Sections 209.4 and 303 of the Planning Code to expand a community facility (a Japanese Community Youth Council facility) within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. The proposal is to enlarge the community facility by adding a ground level entry, and expanding the front of the building toward the street at the ground and upper levels, as well as constructing an enclosed stair in the rear yard. The proposal is also seeking a Variance to the Planning Code (Case 2002.0470CV) to allow for the physical expansion of the existing two-story building into the required front setback and into the required rear yard.
                    Preliminary Recommendation: Approval with Conditions

SPEAKER(S):
(+) Alice Barkley
- She displayed diagrams of the project and described the floor plan of the project.
- She is available for questions.
ACTION:          Approved
AYES:          Antonini, Bradford Bell, Boyd, Hughes
ABSENT:          Feldstein, S. Lee, W. Lee
MOTION:          16525

          16b.          2002.0470CV          (G. NELSON: (415) 558-6257)
                    2012 PINE STREET - north side between Laguna and Buchanan Streets; Lot 003A in Assessor's Block 0651; Front Setback and Rear Yard Variances sought to add a new ground floor entry and expand the upper floors toward the street on an existing two-story structure currently in use by the Japanese Community Youth Council (JCYC) to allow for handicap accessibility, improved access by arriving and departing facility users, and improved interior layout, within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. The project will expand the building approximately 19 feet toward Pine Street into the required front setback at the ground level, and approximately 9 feet into the required front setback at the upper levels. The project is also to enlarge portions of the rear of the building at the 1st and 2nd floors to allow for circulation improvements within the building. The additions at the rear will extend into the required rear yard by approximately 26 feet.

SPEAKER(S):          Same as those listed in item 16a.
ACTION:          Zoning Administrator closed the public hearing and granted the variance.

          17.          2002.0953C          (J. VOLLMANN: (415) 558-6612)
                    195 COMMONWEALTH AVENUE (AKA 3400 GEARY BLVD) - west side between Euclid Avenue and Geary Boulevard; Lot 019 in Assessor’s Block 1063: -- Request for Conditional Use authorization pursuant to Section 712.54 of the Planning Code to allow a massage establishment within the first floor of a commercial building located in an NC-3 (Neighborhood Commercial, Moderate Scale) District and a 40-X Height and Bulk District. The proposed massage establishment would be approximately 280 square feet and contain one massage table. There would be no physical expansion of the building.
                    Preliminary Recommendation: Approval with Conditions

SPEAKER(S):
(+) Glen Chen – Representing the Project Sponsor
- The project sponsor will be the only one managing the establishment.
(-) Richard Worner – Jordan Park Improvement Association
- The association met and decided to oppose this establishment.
- They refuse to place their family neighborhood at the mercy of this project sponsor.
- They are questioning if a massage establishment is an appropriate use for this location.
- They are asking the Planning Commission to deny this application.
(-) Marian Downs – 189 Commonwealth Homeowners Association
- She has letters from tenants who are not in support of this project.
- This establishment is just not appropriate for an almost completely residential neighborhood.
(-) Greg Caligari
- He sent a letter to the Commission stating his opposition to this project.
- The stigma attached to an establishment of this nature is very difficult to get rid of.
- He is objecting to this type of establishment in this area.
- The project sponsor did not notify the Jordan Park Improvement Association.
MOTION No. 1:          Intent to Disapprove
AYES:          Antonini, Bradford Bell, Boyd
NAYES:          Hughes
          RESULT:          The motion failed to carry.
ACTION No. 2:          Continued to February 27, 2002 in order to have the absent
          commissioners participate in the final action.
AYES:          Antonini, Bradford Bell, Boyd, Hughes
ABSENT:          Feldstein, S. Lee, W. Lee

          18.          2002.0367C          (D. SIDER: (415) 558-6697)
                    1601 LANE STREET - extending from Quesada Avenue to Revere Avenue; Lot 009 in Assessor’s Block 5340: Request for Conditional Use Authorization to allow the establishment of [1] a  community facility' in a residential district pursuant to Planning Code Section 209.4(a) and [2] a Planned Unit Development (PUD) pursuant to Planning Code Section 304 to modify Code Sections including (a) the off-street parking requirements of Section 151 and (b) the rear yard requirements of Section134(b). The proposal is to convert a vacant elementary school (most recently occupied by the  All Hallows Catholic Elementary School ) into space to be used by the proposed Bayview YMCA for community recreation, education, health, and fitness services. Physical alterations are generally limited to the construction of a 3-story stairwell on the western corner of the property and interior modifications commensurate with the proposed use. The property is within RH-1 (Residential, House Districts, One Family) and RH-2 (Residential, House Districts, Two Family) Zoning Districts and a 40-X Height and Bulk District.
                    Preliminary Recommendation: Approval with Conditions

SPEAKER(S):
(+) Sherryl Smith Thornton – Executive Director of the Bayview/Hunters Point YMCA
- She has been the Executive Director for about five years and is a native of the Bayview Hunters Point area.
- They have looked for a long time to find a good location for the YMCA.
- They worked out a long-term lease with the archdiocese.
- They serve about 200 children and have a variety of programs which include after school activities. The YMCA is also a community center which houses organizations that do not have a space to hold their activities.
- She forwarded about 25 letters from members and community organizations who support this project.
(+) Bob Legale
- He joined the  Y board because it is one of the best projects to come about in the Bayview.
- They went through a site selection which took a long time.
- This location is ideal because it is close to public transit.
- They are proud that one of the contractors is minority owned.
ACTION:          Approved
AYES:          Antonini, Bradford Bell, Boyd, Hughes
ABSENT:          Feldstein, S. Lee, W. Lee
MOTION:          16526

          19a.          2002.0951XV          (M. LI: (415) 558-6396)
                    693 SUTTER STREET - southeast corner at Taylor Street; Lot 009 in Assessor’s Block 0297 - Request under Planning Code Section 309 for a Determination of Compliance and Request for Exceptions including: an exception to the rear yard requirements as permitted in Section 134(d) pursuant to Building Permit Application Number 2002.08.19.4350 . The proposal is to convert 9,420 square feet of office space to 10 dwelling units. A rear yard 20.45 feet in depth is required at the residential levels. The existing building, the exterior of which will not be altered, occupies most of the required yard. The project site lies within a C-3-G (Downtown General Commercial) District, and the Kearny Market Mason Sutter Conservation District, and an 80-130-F Height and Bulk District. The Zoning Administrator will hold a concurrent hearing to consider a request for an off-street parking variance.
                    Preliminary Recommendation: Approval with conditions
                    (Continued from Regular Meeting of December 19, 2002)

SPEAKER(S):
(+) Simon Quan – Project Architect
- This project will increase housing in the City and one of the units will be a low income housing unit.
- He provided open space on the roof.
- In order to provide parking, they would have to eliminate one of the loading zones.
- The existing concrete building has a 9 inch wall and the opening is only 16 percent of the entire area so the sound transmission is very limited to the neighbors.
(+) Mat O'Joe
- He represents the Bohemian Club.
- He is concerned about the parking issue. There is inadequate parking in the area already. He is concerned that Hobart Alley will provide egress for deliveries, trash collection and a handicap accessibility point.
- He had originally sent a letter of opposition but he will withdraw his opposition if the project sponsor provides adequate parking.

ACTION:          Approved with the added a condition of approval requiring the project sponsor to work with the Bohemian Club to pursue active enforcement of illegal parking in Hobart Alley.
AYES:          Antonini, Bradford Bell, Boyd, Hughes
ABSENT:          Feldstein, S. Lee, W. Lee
MOTION:          16527

          19b.          2002.0951XV          (M. LI: (415) 558-6396)
                    693 SUTTER STREET - southeast corner at Taylor Street; Lot 009 in Assessor’s Block 0297 - Off-street parking variance sought. The proposal is to convert 9,420 square feet of office space to 10 dwelling units. There will be no physical expansion of the existing building. The parking requirement for the proposed project is three spaces, and no off-street spaces are proposed.
                    (Continued from Regular Meeting of December 19, 2002)

SPEAKER(S):          Same as those listed in item 19a.
ACTION:          Zoning Administrator closed the public hearing and granted the variance.

E.          DISCRETIONARY REVIEW HEARING

          Approximately 5:30 PM the Planning Commission convened into a Discretionary Review (DR) Hearing to hear and act on Discretionary Review matters.

          20.          2002.1309D          (K. SIMONSON: (415) 558-6321)
509-511 FREDERICK STREET - south side between Stanyan and Willard Streets, Lot 38 in Assessor's Block 1266 – Mandatory Discretionary Review, under the Planning Commission’s policy requiring review of housing demolition, of Demolition Permit Application No. 2001.06.12.1344, proposing to demolish a two-story over garage building containing two dwelling units. New construction of a three-story over garage building containing three dwelling units is proposed, but is not subject to a request for Discretionary Review. The subject property is in an RM-1 (Mixed Residential, Low Density) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve demolition as submitted.

SPEAKER(S):          None
ACTION:          Did not take Discretionary Review and approved the demolition
AYES:                    Antonini, Bradford Bell, Boyd, Hughes
ABSENT:          Feldstein, S. Lee, W. Lee

          21.          2002.0717DDDDD           (M. SMITH: (415) 558-6322)
653 DUNCAN STREET - south side of the street between Diamond and Castro Streets, Lot 035 in Assessor's Block 6604 – Requests for Discretionary Review of Building Permit Application No. 2002.02.19.9476, proposing to construct a one-story vertical addition at the rear of the building, located in a RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the project as submitted.
NOTE: On December 17, 2002, the Commission continued this matter to February 6, 2003 in order to give project sponsors the opportunity to continue to meet with the community and Discretionary Review requestors. Planning Department staff will continue to review and research the project.

SPEAKER(S):          None
ACTION:          Without hearing, item continued to February 27, 2003.
AYES:                    Antonini, Bradford Bell, Boyd, Hughes
ABSENT:          Feldstein, S. Lee, W. Lee

          22a.          2002.1244DD          (M. SMITH: (415) 558-6322)
660 28th STREET - north side of the street between Douglass and Diamond Streets, Lot 043 in Assessor’s Block 6605, Mandatory Staff initiated request for Discretionary Review, under the Planning Commission’s policy requiring review of housing demolition, of Demolition Permit Application No. 2002.03.20.1923, proposing to demolish the existing one-story over garage single-family dwelling. The proposal is also subject to a public initiated request for Discretionary Review. The applicant has also submitted an application to subdivide the lot into two lots and construct a single-family dwelling on each of the proposed lots. The subject property is located in a RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the project as submitted.
                    (Continued from Regular Meeting of January 9, 2003)

SPEAKER(S):
Re: Continuance
Steve Williams – Representing the Discretionary Review requestors
- They would propose going to the March 6, 2003 date.
- He knows that one of the Commissioners would be absent on February 20th and this is why they are asking for a continuance today.
- He would like to request that on the day that this case is continued to, that it be first on the agenda.
Andrew Junius - Representing Project Sponsor
- He is also agreeing to a continuance because there are only four Commissioners today. Although there is no need for all seven Commissioners to be here, he would rather have this case continued to February 20, 2003.
John Twichill – Representing the five Discretionary Review requestors
- He has a conflict with another board meeting on February 20th so he would like to have this case continued to March 6, 2003.
ACTION:          Without hearing the issues of the project, this item was continued to
February 20, 2003
AYES:                    Antonini, Bradford Bell, Boyd, Hughes
ABSENT:          Feldstein, S. Lee, W. Lee

          22b.          2002.1245DDDDD          (M. SMITH: (415) 558-6322)
662 28th STREET - north side of the street between Douglass and Diamond Streets, Lot 043 in Assessor's Block 6605 - Requests for Discretionary Review of Building Permit Application No. 2002.03.20.1926, proposing to construct a two-story over garage single-family dwelling on the proposed west lot. The applicant has also submitted an application to demolish the existing building, subdivide the lot into two lots, and construct a single family dwelling on the proposed east lot. The subject property is located in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the project as submitted.
(Continued from Regular Meeting of January 9, 2003)
SPEAKER(S):          See speakers on item 22a regarding continuance.
ACTION:          Without hearing, item continued to February 20, 2003
AYES:                    Antonini, Bradford Bell, Boyd, Hughes
ABSENT:          Feldstein, S. Lee, W. Lee

          22c.          2002.1246DDDDD          (M. SMITH: (415) 558-6322)
660 28th STREET - north side of the street between Douglass and Diamond Streets, Lot 043 in Assessor's Block 6605 - Requests for Discretionary Review of Building Permit Application No. 2002.03.20.1928, proposing to construct a two-story over garage single-family dwelling on the proposed east lot. The applicant has also submitted an application to demolish the existing building, subdivide the lot into two lots, and construct a single family dwelling on the proposed west lot. The subject property is located in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the project as submitted.
(Continued from Regular Meeting of January 9, 2003)

SPEAKER(S):          See speakers on item 22a regarding continuance.
ACTION:          Without hearing, item continued to February 20, 2003
AYES:                    Antonini, Bradford Bell, Boyd, Hughes
ABSENT:          Feldstein, S. Lee, W. Lee

          23.          2002.0687D          (G. CABREROS: (415) 558-6169)
2368 VALLEJO STREET - north side between Steiner and Fillmore Streets; Lot 017 in Assessor’s Block 0558 -- Request for Discretionary Review of Building Permit Application No. 2002.01.04.6319 proposing a three-story, horizontal addition with roof decks at the rear of the existing two-unit building located within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the project as submitted.

SPEAKER(S):
(-) Audrey Fucilla Carlson – Discretionary Review Requestor
- She is opposed to this project because it would have a dramatic negative effect on the light and air that comes into her property--it would block four windows.
- Diminished sunlight is very depressing. Her mood is absolutely affected by the amount of sunlight into her home.
- Her request is for the project sponsor to move the addition at the third and fourth level three feet to the west.
(-) Ivan Fucilla
- He supports the right of the project sponsor to reasonably expand her property.
- However, the light and air would be unnecessarily compromised by an excessively high firewall.
- There are two issues of safety here: 1) structural integrity of a building that would be five stories tall; 2) the need for a fire suppression system.
- Yet there are issues of courtesy and consideration to ones neighbors.
- The Discretionary Review requestor is asking for reasonable modifications.
(-) Stephanie Fredericks
- She knows that the Discretionary Review requestors have had much success in resolving neighborhood problems.
- It is unfortunate that the project sponsor was not able to accommodate the Discretionary Review requestors reasonable modifications.
- The majority of the neighbors support the Discretionary Review requestor.
(-) Judy Fucilla
- The proposed fire wall is unnecessarily high.
- Her biggest concern is her mentally-disabled grandson. Since he has to spend so much time at home, reduced sunlight would have a significant negative effect on his environment.
(-) Scott Emblidge - Attorney
- He would like to emphasize the negative impact this project would have on the Discretionary Review requestor's home.
- He displayed diagrams and photographs of the project and showed how it (the project) will cause sunlight reduction.
(+) David Teeters – Project Architect
- He displayed diagrams of the site plan and design of the project.
(+) Bill Getty
- This project will negatively impact his building since it will bock some light and view, and he believes that it will cause parking problems. Yet he supports the project.
(+) Gina Best
- She tried to reach an agreement with the Discretionary Review requestor when the DR requestor had some remodeling done to her home.
- She has continued to try numerous times to reach the DR requestor and try to reach agreements with her, but to no avail.
(+) Lincoln Cris
- He is the husband of Gina Best and their property requires a lot of upgrading.
- They have had to make many changes to their home because the DR requestor has remodeled her home.
(+) Cristina Best
- She and her family will live in this home for many years and do not plan to move away.
ACTION:          Took Discretionary Review and approved with some modifications: to require the proposed eight-foot tall firewall located at the roof deck and along the east property line be reduced to three-feet tall from the level of the roof deck; above the height of the three-foot firewall, a trellis (fire rated and as permitted by the Department of Building Inspection) with a fast growing vine to provide privacy shall be permitted.
AYES:                    Antonini, Bradford Bell, Boyd, Hughes
ABSENT:          Feldstein, S. Lee, W. Lee

          24.          2002.1236D          (W. HASTIE: (415) 558-6381)
                    1724 20TH STREET- north side between Wisconsin and Arkansas Streets, Lot 16 in Assessor’s Block 4069 - Mandatory Discretionary Review (DR), under Planning Commission policy requiring review of all housing demolition permits, of Demolition Permit Application No. 2002.0307.0841. The proposal is to demolish an existing one-unit, single story over garage residence. New construction of a two-unit, three story over garage residence is proposed, which is not subject to DR. The subject property is zoned RH-2 (House, Two- Family) District and is in a 40-X Height and Bulk District.
                    Preliminary Recommendation: Do not take Discretionary Review and approve demolition as submitted.
                    (Continued from Regular Meeting of January 16, 2003)

SPEAKER(S):          None
ACTION:                    Did not take Discretionary Review and approved the project.
AYES:                    Antonini, Bradford Bell, Boyd, Hughes
ABSENT:                    Feldstein, S. Lee, W. Lee

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))

Glen Cabreros
- He is in agreement with the statement Commissioner Feldstein made regarding the Discretionary Review process. He would like to voice the opinion of many planners in the Planning Department that the DR process is a very tedious and stressful process. He believes that staff would appreciate the Commission's investigation and streamlining of the DR process.

Adjournment: 7:16 p.m.


THESE MINUTES WERE PROPOSED FOR ADOPTION AT THE REGULAR MEETING ON THURSDAY, FEBRUARY 27, 2003.

SPEAKER(S):          None
ACTION:          Approved
AYES:          Antonini, Bradford Bell, Boyd, Hughes
EXCUSED:          Feldstein, S. Lee, W. Lee

Last updated: 11/17/2009 10:00:05 PM