To view graphic version of this page, refresh this page (F5)

Skip to page body
  • go to google translator
  • contact us

April 03, 2003

April 03, 2003

SAN FRANCISCO
PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, April 3, 2003
1:30 PM

Regular Meeting

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

COMMISSIONERS ABSENT: None

THE MEETING WAS CALLED TO ORDER BY PRESIDENT BRADFORD BELL AT 1:35 p.m.

STAFF IN ATTENDANCE: Gerald Green - Director; Larry Badiner -Zoning Administrator; Jonas Ionin, Michael Li, Dominick Argumedo, Dan Sider, Geoffrey Nelson, Matt Snyder, Adam Light, Elane Tope, Jeffrey Tully, Glen Cabreros, Judy Boyajian, Deputy City Attorney; 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. 2002.1305C (M. SNYDER: (415) 575-6891)

                1096 SOUTH VAN NESS AVENUE - northwest corner of South Van Ness Avenue and 22nd Street, Lot 10 in Assessor's Block 3615: Request for Conditional Use Authorization to establish a Full Service Restaurant/Bar and a "Place of Entertainment" that would be open until 2:00 am within a building that was previously used as a mortuary. Conditional Use Authorization is required for (1) hours of operation between 11:00 pm and 2:00 am pursuant to Planning Code Sections 710.27 and 790.48; (2) the establishment of other entertainment including dance hall uses pursuant to Planning Code Sections 710.48 and 790.38; and (3) the establishment of a full service restaurant and bar on the second floor of a building designed for a single tenant pursuant to Planning Code Section 186.1(b). No exterior alteration is proposed. The project is within an NC-1 (Neighborhood Commercial, Cluster) District, a 50-X Height and Bulk District, the Mission Alcoholic Restricted Special Use District, and the area subject to the Mission District Interim Controls (Board of Supervisor's Resolution 500-02).

      Preliminary Recommendation: Pending

      (Proposed for Continuance to April 10, 2003)

      SPEAKER(S): None

      ACTION: Continued to April 10, 2003

      AYES: Antonini, Bradford Bell, Boyd, Feldstein, Hughes, S. Lee, W. Lee

          2. 2002.1065DD (K. McGEE: (415) 558-6367)

                1469 18TH STREET - corner of 18th and Connecticut, Lot 27 in Assessor's Block 4036. Requests for Discretionary Review of Building Permit Application No. 2002.09.05.5714 to add an "Other Entertainment" use with a Police "Place of Entertainment" permit, doing business as the "Lingba Lounge," located in an NC-2 (Small-Scale Neighborhood Commercial) Zoning District and in a 40-X Height and Bulk District.

                Preliminary Recommendation: Pending

                (Continued from Regular Meeting of March 6, 2003)

      (Proposed for Continuance to April 10, 2003)

      SPEAKER(S): None

      ACTION: Continued to April 10, 2003

      AYES: Antonini, Bradford Bell, Boyd, Feldstein, Hughes, S. Lee, W. Lee

          3. 2003.0139D (T. WANG: (415) 558-6335)

          1835 19TH AVENUE - west side between Noriega and Ortega Streets; Lot 007 in Assessor's Block 2056 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2002.10.25.9921, to demolish an existing single-family dwelling (the project also proposes the construction of a new two-family dwelling, containing three stories above the street and one basement below the street) in 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 Demolition Permit Application as submitted.

          (Continued from Regular Meeting of March 13, 2003)

                NOTE: On February 27, 2003, following public testimony, the Commission closed the public hearing and continued this matter to March 13, 2003 by a vote of +6 -0 (Commissioner William Lee was absent). Staff was instructed to review and correct inconsistencies in the reports. On March 13, 2003 this item was continued to April 3, 2003.

                (Proposed for Continuance to April 24, 2003)

      SPEAKER(S): None

      ACTION: Continued to April 24, 2003

      AYES: Antonini, Bradford Bell, Boyd, Feldstein, Hughes, S. Lee, W. Lee

          4a. 2002.0933DV (B. FU: (415) 558-6613)

                891 CAROLINA STREET - east side, between 20th Street and 22nd Street; Lot 027 in Assessor's Block 4097 - Request for Discretionary Review of Building Permit Application No. 2002.05.08.6090 proposing to construct a new two-story vertical and horizontal addition to the existing single-story over garage building with an attic level. The project proposes an increase from one to two dwelling units. The project is in an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation. The proposal also requires a front setback Variance for the second story, which will be considered by the Zoning Administrator.

      Preliminary Recommendation: Take Discretionary Review and approve the project with modifications.

                (Continued from Regular Meeting of March 20, 2003)

                NOTE: On March 20, 2003, following public testimony, the Commission closed the public hearing and continued this item to April 3, 2003 by a vote of +4-1 (Commissioner Feldstein voted No; Commissioners Boyd and Hughes were absent). Both Discretionary Review requestor and Project Sponsor were asked to explore possible alternatives to the plans.

                (Proposed for Continuance to April 24, 2003)

      SPEAKER(S): None

      ACTION: Continued to April 24, 2003

      AYES: Antonini, Bradford Bell, Boyd, Feldstein, Hughes, S. Lee, W. Lee

          4b. 2002.0933DV (B. FU: (415) 558-6613)

                891 CAROLINA STREET - east side, between 20th Street and 22nd Street; Lot 027 in Assessor's Block 4097 - Request for a front setback Variance for the construction of a new second story in an RH-2 (Residential, Two-Family House) District with a 40-X Height and Bulk Designation. The proposal also requires a request for Discretionary Review for the construction of a new two-story vertical and horizontal addition to the existing single-story over garage building with an attic level. The project proposes an increase from one to two dwelling units.

                (Continued from Regular Meeting of March 20, 2003)

                NOTE: On March 20, 2003, the Acting Zoning Administrator continued this item to April 3, 2003.

                (Proposed for Continuance to April 24, 2003)

      SPEAKER(S): None

      ACTION: Continued to April 24, 2003

      AYES: Antonini, Bradford Bell, Boyd, Feldstein, Hughes, S. Lee, W. Lee

          5. 2002.0475E (R. DEAN: 558-5980)

                O'SHAUGHNESSY DAM DISCHARGE MODIFICATION PROJECT - O'Shaughnessy Dam is located at Hetch Hetchy Reservoir, in Yosemite National Park (Tuolumne County). Appeal of a Preliminary Negative Declaration. The area is accessed by Camp Mather Road off Highway 120. The project consists of modifying the piping at O'Shaughnessy Dam that controls discharge to the existing 108-inch Canyon Power Tunnel pipeline (or penstock) at the base of the dam, and the downstream water transmission system. The piping modification involves construction of a new 60-inch pipeline to allow withdrawal of water from a higher level in the reservoir, to be used when turbidity in the reservoir is above the allowable level. The project also involves demolition of the lower valve house. The purpose of the project is to improve the water quality and water supply from Hetch Hetchy Reservoir to the City and Country of San Francisco and its water customers by constructing a second higher outlet to the aqueduct from the reservoir

                Preliminary Recommendation: Uphold Preliminary Negative Declaration

                (Proposed for Continuance to May 1, 2003)

      SPEAKER(S): None

      ACTION: Continued to May 1, 2003

      AYES: Antonini, Bradford Bell, Boyd, Feldstein, Hughes, S. Lee, W. Lee

          6. 2002.0778E (J. NAVARRETE: (415) 558-5975)

          150 BROADWAY (AKA 190 BROADWAY) - Construction of Affordable Housing, Childcare Facility, Retail Space and Parking. Lot 011 of Assessor's Block 0141 - Appeal of Preliminary Negative Declaration for the proposed new construction of 87 affordable housing units, 41 off-street parking spaces (including 3 spaces for the City CarShare Program), a 3,500 square foot childcare facility, a community room, multi-purpose room and offices associated with the residential use, 2,000 square feet of retail space, and one freight-loading space. The proposed project would consist of three separate buildings: one building would be three-stories tall, or approximately 40 feet in height; a second structure would be five-stories tall, or approximately 50 feet in height; and the third structure would be eight-stories tall, or approximately 80-feet tall. The proposed structures would contain approximately 128,000 gross square feet. The site is approximately 30,948 square feet in size and located at the northeast corner of Broadway and Battery Streets, with additional frontage on Front Street. The site currently contains a ground-level asphalt parking lot on a portion of the site and the remainder of the site is vacant. The site was also the former site of the Embarcadero Freeway off-ramp, and is owned by the City and County of San Francisco. The project site is located within a C-2 (Community Business) zoning district, the Northern Waterfront Special Use District No. 3, the Northeastern Historic District, and an 84-E height and bulk district. The proposed project requires Conditional Use Authorization and a Certificate of Appropriateness.

      Preliminary Recommendation: Uphold Preliminary Negative Declaration

                (Continued from Regular Meeting of March 20, 2003)

                (Proposed for Continuance to May 8, 2003)

      SPEAKER(S): None

      ACTION: Continued to May 8, 2003

      AYES: Antonini, Bradford Bell, Boyd, Feldstein, Hughes, S. Lee, W. Lee

          7a. 2002.0388R (M. LUELLEN: (415) 558- 6478)

                150 BROADWAY (aka 190 BROADWAY) - "Broadway Family Apartments," north side between Battery and Front Streets; Lot 011 in Assessors Block 0141: The proposal is to construct a new mid-rise building that will contain 87 units of affordable housing with retail, childcare, and community spaces, built over an underground parking level accessed from Front Street and containing up to 41 off-street spaces. This project is proposed for land that is owned by the City and County of San Francisco, which is currently under the jurisdiction of the Department of Public Works (DPW) and is partially leased to a parking vendor. The Board of Supervisors previously approved in principle the transfer of the property from DPW to the Mayor's Office of Housing for the development of affordable housing. A General Plan Referral is needed at this time in order for the Board of Supervisors to consider (a) lease disposition and development agreement that will allow the affordable housing developer, Chinatown Community Development Center (Chinatown CDC), to move forward with development activities, and (b) a future ground lease between the City and Chinatown CDC to be entered into at the start of construction. The subject property is zoned C-2 (Community Business), is in the Northern Waterfront S.U.D. No. 3, and in a 84-E Height and Bulk District.

                Preliminary Recommendation: Approval

                (Proposed for Continuance to May 8, 2003)

      SPEAKER(S): None

      ACTION: Continued to May 8, 2003

      AYES: Antonini, Bradford Bell, Boyd, Feldstein, Hughes, S. Lee, W. Lee

          7b. 2002.0065KAC (M. LUELLEN: (415) 558- 6478)

                150 BROADWAY (aka 190 BROADWAY) - Broadway Family Apartments, north side of Broadway between Battery and Front Streets. Assessors Block 141, Lot 11. The subject property is zoned C-2 (Community Business), is in the Northern Waterfront S.U. D. and is in a 84-E Height and Bulk District. The project requests a Certificate of Appropriateness for new construction within the Northeast Waterfront Historic District and a Conditional Use Authorization for a Planned Unit Development to construct a new mid-rise building that will contain 87 units of affordable housing with retail, and childcare, built over an underground parking level accessed from Front Street and containing 41 off-street spaces.

                Preliminary Recommendation: Approval with Conditions

                (Proposed for Continuance to May 8, 2003)

      SPEAKER(S): None

      ACTION: Continued to May 8, 2003

      AYES: Antonini, Bradford Bell, Boyd, Feldstein, Hughes, S. Lee, W. Lee

          8. 2002.0430C (J. IONIN: (415) 558-6309)

          378 10TH AVENUE, A.K.A. 389 9TH AVENUE AND A.K.A. 4500 GEARY BOULEVARD - 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 March 13, 2003)

      (Proposed for Continuance to May 15, 2003)

      SPEAKER(S): None

      ACTION: Continued to May 15, 2003

      AYES: Antonini, Bradford Bell, Boyd, Feldstein, Hughes, S. Lee, W. Lee

B. COMMISSIONERS' QUESTIONS AND MATTERS

      9. Consideration of Adoption - draft minutes March 3, 2003.

      SPEAKER(S): None

      ACTION: Approved

      AYES: Antonini, Boyd, Feldstein, Hughes, S. Lee

      EXCUSED: Bradford Bell and W. Lee were absent from the meeting on 3/3/03.

      10. Commission Comments/Questions

          Commissioner Antonini:

        Re: Housing Element

        - Part of the housing element deals with public housing.

        - He read over the housing element but he is not sure if there is enough information on whether there is a Federal or State requirement on how much public housing should be built in relation to per capita or whether or not Section 8 type housing could be used as a substitute. It is important to know if this particular type of housing fits into the scheme of things.

        - The Commission will be making decisions based on inclusionary housing, based on affordable housing, based on for-profit housing, etc. The Commission needs a bit more knowledge or background on the issue of public housing to properly make decisions on other housing questions. He would like input from staff before the Housing Element is considered.

          Commissioner William Lee

        Re: Budget Update

        - He would like the status on the budget.

        - He would also like to know if there will be any lay-offs of staff.

          Commissioner Feldstein:

        Re: Family Housing

        - She would like to see staff start incorporating this policy in projects before they come to the Commission so that developers will not feel they are being blindsided.

          Commissioner Boyd:

        Re: Housing Components

        - He would like information on statistics that are available on the number of units that are being built in the City and how many of these are affordable and how many are market rate.

          - What is the impact on rental housing?

C. DIRECTOR'S REPORT

      11. Director's Announcements

          Regarding Commissioner William Lee's comment:

        - He is still in discussion with the Mayor's office regarding the budget so there is nothing to report.

        - Regarding layoffs: The Planning Department does not plan to have any terminations, layoffs, etc. through the next fiscal year. Additional instructions from the Mayor's office are being met without any layoffs. If the Department had to employ some new program, he would come before the Commission first to receive input.

          Regarding Commissioner Feldstein's comment:

        - The requests from Commissioner Feldstein regarding car shares, family housing, etc.: The Commission has the authority to change a project as they see fit.

        - It is the responsibility of staff to let developers, lawyers, public, etc. be aware of Commissioner's concerns.

        - The process to deal with these issues is developing. It is not something that will happen overnight but the process is definitely moving forward.

      12. Review of Past Week's Events at the Board of Supervisors and Board of Appeals

          BOS

          Jean Paul Samaha gave the following report:

          Re: 1193 Oak Street

          - The Board overturned the Planning Commission on a +10-1 vote, with Supervisor Hall dissenting. The Board felt that it was a loss of housing even though the tenant remained in the dwelling unit, and that it was a bad precedent to set.

          The following items passed unanimously on the first reading:

          1) Rezoning of King and Townsend Streets (601 King Street)

          2) Designation of the Dogpatch Historic District

          3) Third Street Alcohol Restricted Use District

          On April 7, the Land Use Committee will hear 2161 Sutter Street - Zoning Map Change.

          On April 8, the full Board will hear the appeal of the Negative Declaration for 40-50 Lansing Street.

          BOA - None

D. REGULAR CALENDAR

          13. 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 March 13, 2003)

          SPEAKER(S):

          Re: Continuance

          Robert Wales

          - This case has been continued much too many times.

          - He would like to have this case heard today.

          Barbara Janeff

          - She does not understand what information is needed.

          - She is not really happy about the delay.

          Kenneth Thompson

          - He owns property that is very close to where the antennas will be installed.

          - He would like to have this matter settled today.

          Jennifer Donnely

          - She will be providing staff with the information requested.

          Re: Merits of the Case

          (-) Robert Wales

          - He lives on Beach Street.

          - He is less than 100 feet from these proposed antennas.

          - He is concerned about the radiation, reduction of property values, etc.

          - He contacted Verizon Wireless about the noise that will be heard during the installation and they were not very helpful.

          - He can think of various locations where these antennas can be placed where they are not close to people's homes and people's bedrooms.

          (-) Erika Tarantino

          - He is aware of various neighbors who were not able to come and who are against these antennas.

          - The building in question is already a very bulky building. These antennas will be unsightly and not aesthetically pleasing.

          - Verizon told the neighbors that the fans, which will be installed, would not make any more noise than regular traffic.

          - No one can guarantee her and her neighbors that there will not be any health affects.

          (-) Barbara Janeff

          - The problem she has with these antennas and this proposal is that when one is installed, it will be cause for other carriers to come and install their antennas, creating an antenna farm.

          - This will cause a disruption in people's lives.

          (-) Kenneth Thompson

          - He lives on the top floor of the proposed building.

          - It is outrageous that something like this would be proposed in a residential neighborhood.

          - He is concerned with the health hazards.

          (-) Madeline Camisa - Committee for Antenna-Free Marina

          - She is opposed to this installation.

          - The carrier already has two cell sites in the Marina.

          - These sites should provide more than adequate coverage to the area.

          - According to a survey, 90% of cell phone users were very satisfied; of these 18% were Verizon users.

          - Please reject this proposal.

          ACTION: Hearing held, item continued to April 10, 2003. Public Comment remains open.

          AYES: Antonini, Bradford Bell, Boyd, Hughes, Feldstein, S. Lee, W. Lee

          14. 2002.0346CV (M LI: (415) 558-6396)

                1301-1327 POLK STREET - northwest corner at Bush Street, Lot 003 in Assessor's Block 0667 - Request for Conditional Use Authorization under Section 41.13(a)(3) of the Administrative Code to replace residential hotel rooms with senior housing. The existing building, the Leland Hotel, contains 16 dwelling units, 22 residential hotel rooms, and 69 tourist hotel rooms. The proposed project is the conversion of the dwelling units, residential hotel rooms, and tourist hotel rooms to 72 dwelling units for low-income senior citizens. There will be no physical expansion of the existing building. Rear yard, usable open space, and dwelling unit exposure variances were granted by the Zoning Administrator on October 11, 2002.

                Preliminary Recommendation: Approval with Conditions

          SPEAKER(S):

          (+) Barbara Gualco - Senior Project Developer for Mercy Housing California

          - She is thrilled to have Senior housing on Polk Street.

          - There has been outreach in the neighborhood and they have created an advisement committee.

          - She hopes that the Commission will approve this project.

          (+) Robert Hutchinson

          - He has been a resident of the area about 43 years.

          - He has seen this area turn into a disaster.

          - The Leland Hotel has been a place where there have been drugs and prostitution.

          - He is so happy that Mercy Housing is interested in making this project into Senior Housing.

          - He would like to have Mercy remodel the ground floor to make it alive and good for the community.

          (+) John Malloy - Lower Polk Neighbors

          - His organization meets every month but they did not know about this proposal.

          - He supports this project because it will revitalize the building and the neighborhood.

          (+) Teresa Yanga - Mayor's Office of Housing

          - They are very much in support of this project because it will create a benefit to the neighborhood.

          ACTION: Approved

          AYES: Antonini, Bradford Bell, Boyd, Hughes, S. Lee, W. Lee

          EXCUSED: Feldstein

          MOTION: 16559

          15. 2001.0862HIX (D. ARGUMEDO: (415) 558-6284)

          50-70 OAK STREET - north side between Van Ness Avenue and Franklin Street. Assessor's Block 834, Lots 5 and 7. Abbreviated Institutional Master Plan for the San Francisco Conservatory of Music. The Conservatory is currently located at the corner of Ortega Street and 19th Avenue, but is planning to relocate to 50-70 Oak Street. Therefore, the purpose of this hearing is for the receipt of public testimony only, and shall in no way constitute an approval or disapproval of the abbreviated Institutional Master plan by the Planning Commission. The subject property (50-70 Oak Street) is zoned C-3-G (Downtown, General) District and is in an 80-E Height and Bulk District. The project also requires the approval of a Permit to Alter by the Planning Commission to rehabilitate 50 Oak Street (a five-story-over basement, granite and polychrome terra cotta, Category II (Significant) Building), demolish 70 Oak Street and replace it with a new multi-story-over basement structure that will function as an addition to 50 Oak Street, to create a new facility for the San Francisco Conservatory of Music. Review by the Planning Commission to determine compliance under Section 309 of the Planning Code for a substantial alteration to a downtown building is also required. These two applications will be considered by the Planning Commission at a subsequent hearing on April 10, 2003.

          Preliminary Recommendation: No Action Required.

          SPEAKER(S):

          (+) Bruce Hart - Member of the Board of Trustees of the San Francisco Conservatory of Music

          - Gave a brief history of the Conservatory.

          - The Conservatory plans to relocate on Oak Street. They have been before the Landmarks Board and were approved unanimously.

          - The building will be structurally upgraded.

          - The purpose of the move is to be closer to the cultural center of San Francisco - Civic Center.

          ACTION: Meeting held to receive public testimony. No action required.

          16. 2003.0037C (D. SIDER: (415) 558-6697)

                165-167 TEXAS STREET - east side between 17th and Mariposa Streets; Lots 016, 017, and 018 in Assessor's Block 3986 - Request for Conditional Use Authorization to allow [1] the expansion of two existing dwelling units in a M-1 (Light Industrial) Zoning District pursuant to Planning Code Section 215(a) and [2] a revision to a previously built Planned Unit Development (PUD) pursuant to Planning Code Section 304 to allow further modification of Code Sections including the rear yard requirements of Section 134 and the dwelling unit exposure requirements of Section 140. The existing structure contains approximately 1,500 square feet of industrial space in a below-grade basement level, a 1,400 square foot parking garage and 500 square foot outdoor patio on the ground level, and two dwelling units occupying a total of roughly 3,000 square feet on the second and third levels. The proposal would construct a two-story addition atop the existing patio. The project would add approximately 500 square feet on the ground level to the existing industrial space and roughly 250 square feet on the second level for each of the two dwelling units. A 500 square foot outdoor patio would be provided on the roof of the proposed addition. The property is within a M-1 Zoning District, a 40-X Height and Bulk District, and the Industrial Protection Zone (IPZ) as set forth in Planning Commission Resolution Number 16202.

                Preliminary Recommendation: Approval with Conditions

                (Continued from Regular Meeting of March 20, 2003)

          SPEAKER(S):

          (+) Neil Swartz - Project Architect

          - He is available for questions.

          ACTION: Approved with the modification of correcting condition No. 4 of the motion to say from 5 years to 3 years.

          AYES: Bradford Bell, Boyd, Hughes, Feldstein, S. Lee, W. Lee

          ABSENT: Antonini

          MOTION: 16560

          17. 2002.0967C (G. NELSON: (415) 558-6257)

          2000 VAN NESS AVENUE - northeast corner of Van Ness Avenue and Jackson Street; Lot 005 in Assessor's Block 0595: Request for Conditional Use Authorization pursuant to Section 209.6(b) of the Planning Code to install a total of three (3) antennas and six (6) related equipment cabinets on the roof of an 8-story, 100-foot tall commercial structure, known as the Medical Arts Building, as part of Sprint's wireless telecommunications network within an RC-4 (Residential-Commercial Combined) District, the Van Ness Special Use District and an 80-D 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 wholly commercial structure.

            Preliminary Recommendation: Approval with Conditions

            (Continued from Regular Meeting of March 13, 2003)

          SPEAKER(S):

          (+) Jennifer Estes - Sprint PCS

          - This Conditional Use complies with the Facility Siting Guidelines and the General Plan.

          - The landlord has agreed to remove the 16 inactive antennas making this a Preference 3 site.

          - The design will be virtually unobtrusive.

          - This location is needed as an integral part of its service-providing plan.

          - There was a community meeting and notices were sent in trilingual languages. No one attended the meeting and they have not received any calls, either against or in support.

          (-) Mark Longwood

          - There are a tremendous amount of antennas installed throughout San Francisco making the residents exposed to radiation.

          - This proposal must be rejected.

          - Reasonable discrimination between carriers has been upheld and is legal in a Federal Appeals Court.

          ACTION: Approved with the following amendment: Condition No. 8 of the motion should read "project sponsor and/or property owner shall remove non-service or otherwise abandoned antennas within a period of 6 months.

          AYES: Antonini, Bradford Bell, Boyd, Hughes, Feldstein, S. Lee, W. Lee

          MOTION: 16561

          18. 2002.0395C (G. NELSON: (415) 558-6257)

                417 31ST AVENUE - southwest corner at the intersection of Clement Street and 31st Avenue; Lot 001 in Assessor's Block 1463 - Request for Conditional Use Authorization pursuant to Section 710.83 of the Planning Code to install a total of six antennas and related equipment within the belfry of an existing two-story, 40-foot tall (58 feet to top of tower), publicly-used structure known as the Lincoln Park Presbyterian Church, as part of Cingular's wireless telecommunications network within an NC-1 (Neighborhood Commercial Cluster) 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 a publicly-used structure.

                Preliminary Recommendation: Approval with Conditions

                (Continued from Regular Meeting of March 6, 2003)

          SPEAKER(S):

          (+) Kelley Pepper - Cingular Wireless

          - This site is a Location Preference 1 since it's a publicly used structure as well as a co-location site.

          - The antennas will be completely invisible. There will not be any changes to the exterior of the building.

          - There was a community meeting and notices were sent in four languages: English, Chinese, Spanish and Russian. Sixteen people attended.

          - There was a second community meeting and only one person attended.

          - This site is the highest preference site. It is an optimal location to provide improved service to the area.

          (+) Eric Alexanderson - Choir Director of Lincoln Park Presbyterian Church

          - He was a Cingular subscriber but had to change because he had many dropped calls.

          - He urges the Commission to pass this proposal because it will improve the use of cell phones.

          (+) Rev. Robert Stewart - Pastor of Lincoln Park Presbyterian Church

          - Who would have known that when the church was built, it would be such a desirable location for cell phone antennas?

          - They will be improving their services to the community.

          - The extra income that comes is maintaining vital services of the church.

          - He has not heard of anyone complaining about this installation.

          (-) Louise Chegwidden

          - She lives opposite the tower of Lincoln Park Church.

          - She does not understand why the City needs more antennas.

          - There have been about 6,000 signatures of residents who are opposed the antennas.

          - She is afraid that this location will become an antenna farm.

          - She has seen people using their cell phone quite well.

          - There have too many continuances and that has been a disadvantage to the neighborhood.

          (-) Minako Sakurai

          - Her bedroom overlooks the church.

          - She and her neighbors oppose the installation.

          - She hopes that the Commission will deny this application because it is not necessary. The antennas are not compatible with the neighborhood. The location of the building is too close to schools and senior centers. The antennas will also lower the property value of the surrounding homes. There has not been adequate notice of this project.

          (-) Rose Wang

          - Her neighbors have opposed any antennas in the area.

          - She would like to have the Commission disapprove this application because there have been many changes to the project and this causes confusion to the neighbors. Service from Cingular is very satisfactory.

          - She hopes that the Commission will deny this proposal.

          ACTION: Approved with the following amendments: 1) change the date of the approved plans from 9/26/02 to 10/07/02; 2) make minor date changes within the final motion to make it consistent with the case report and summary; 3) modify condition of approval #8 to read "The Project Sponsor or property owner shall remove any antennas or equipment that has been out of service for a continuous period of six months or otherwise abandoned. (underlined portions represent modifications to the standard condition of approval)

          AYES: Antonini, Bradford Bell, Boyd, Hughes, Feldstein, S. Lee, W. Lee

          MOTION: 16562

          19a. 2001.0041CD (M. SNYDER: (415) 575-6891)

                141-147 SOUTH PARK - south side between 3rd Street and Jack London Place, Lots 31 and 32, in Assessor's Block 3775: Request for Conditional Use Authorization to allow the demolition of a single-family house and the establishment of a parking lot for the adjacent light-industrial business, Standard Sheet Metal. Conditional Use Authorization is required under Planning Code Section 814.12 for the demolition of a dwelling unit. A replacement unit would be provided in neighboring building to the east at 135 South Park. The property is within the South Park District, and a 40-X Height and Bulk District.

                Preliminary Recommendation: Approval with Conditions

          SPEAKER(S):

          (+) Jim Reuben - Reuben and Alter - Representing Project Sponsor

          - The Project Sponsor has been at this location for many years.

          - The structure to be demolished is a wreck.

          - There is no residential property. During the last year, the tenant invited homeless people to stay there.

          - The project sponsor will create housing units and renovate the area.

          - The affordability requirement is the only thing there is an issue on. He would like to know if this requirement is necessary.

          - He would like to have the project approved.

          (+) Jim Bruno - Project Sponsor

          - The parking lot will allow the trucks to be off the street and reduce traffic problems.

          (+) Michael Bruno

          - They want to utilize the space as adequate parking for their trucks.

          - He would like to continue this shop, which is his father's business.

          (+) Mark Arbunich - Standard Sheet metal

          - He has been employed at this shop for about 6 years. The owner, Michael Bruno, has been very good to him.

          - He would like to have this project approved.

          (+) Jeffrey Liebovitz

          - He supports the project and hopes that the Commission will not take Discretionary Review.

          - He feels that it will not be too much to ask to have the unit designated affordable.

          - The design of the gate should be an enhancement and not a blight later on.

          ACTION: Approved with the following amended condition: Require that the landscaping in front of the proposed parking lot and the front fence be continually maintained.

          AYES: Antonini, Bradford Bell, Boyd, Hughes, S. Lee, W. Lee

          NAYES: Feldstein

          MOTION: 16563

          19b. 2001.0041CD (M. SNYDER: (415) 575-6891)

                141-147 SOUTH PARK-south side between 3rd and Jack London Place, Lots 31 and 32, in Assessor's Block 3775. Mandatory Discretionary Review under Planning Commission Resolution 14844, the "Ballpark Vicinity Special Use District" interim policies, for the establishment of a surface parking lot within the Ballpark Vicinity Special Use District. The property is within the South Park District and a 40-X Height and Bulk District.

                Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed.

          SPEAKER(S): Same as those listed for Item 19a.

          ACTION: Did not take Discretionary Review and approved as proposed

          AYES: Antonini, Bradford Bell, Boyd, Hughes, S. Lee, W. Lee

          NAYES: Feldstein

          20a. 2002.0390CD (A. LIGHT: (415) 558-6254)

                1628 LARKIN STREET - east side between Washington and Clay Streets, Lot 17 in Assessor's Block 217 - Request for a Conditional Use Authorization to construct a building exceeding 40 feet in height in an R (Residential) District, the subject site is within an RM-3 (Residential, Mixed, Medium Density) District, and a 65-A Height and Bulk District. The proposed project is to demolish an existing small single-family house located at the rear of the property and to replace it with a four-story-over-garage, 50-foot high, residential building containing eight dwelling units in the buildable area (front portion) of the lot. Eight off-street parking spaces are proposed.

          Preliminary Recommendation: Approval with Conditions

          SPEAKER(S):

          (+) Bruce Bauman

          - Regarding the demolition: The existing building is vacant, not historical and not conforming. It is an extremely small structure. There has not been any work done to the structure in about 95 years.

          - A geotechnical and structural engineer were hired recently to do another analysis of the building.

          - The new building will be 100% code compliant. It will provide seven 2-bedroom units and one one-bedroom unit.

          - The design of the new building will be compatible with the neighborhood.

          (+) Sean Gorman

          - He gave an overview of the design of the new building.

          (-) Paul D. Heaney

          - He lives on Washington Street.

          - He rented his apartment as a garden apartment.

          - He is a retired environmental health inspector.

          - He and the other tenants oppose this project because it will block the sunlight entirely.

          - The new construction will be very close to his bedroom.

          (-) Ruth Ainsworth

          - She lives on Clay Street behind the proposed construction.

          - The light issue is a big problem for her.

          - It will also block her view.

          - The proposed building is massive and will change the character of the neighborhood.

          (+) Sean Creagan

          - He is in favor of the project because there is a need for housing.

          - Does the City want housing or gardens?

          (+) Joe O'Donahue

          - The project will not take a long time to build.

          - We live in a City and it is natural to have shadows.

          - There is a need to house the population.

          - The adjoining neighbors are not in opposition.

          (-) Darlene

          - She lives near the proposed project.

          - She needs quiet, peaceful living and her garden.

          ACTION: Approved with amendments proposed by Commissioner Boyd: The belt cornices on the balcony bay on the right side of the front facade be replicated in some fashion on the window bay on the left side of the front facade. Staff was instructed to work out the details with the project sponsor in terms of how this design revision would actually be articulated.

          AYES: Antonini, Bradford Bell, Boyd, Hughes, Feldstein, S. Lee, W. Lee

          MOTION: 16564

          20b. 2002.0390CD (A. LIGHT: (415) 558-6254)

                1628 LARKIN STREET - east side between Washington and Clay Streets, Lot 17 in Assessor's Block 217 - Mandatory Discretionary Review pursuant to the Planning Commission's policy to review all demolitions of residential buildings. The subject site is within an RM-3 (Residential, Mixed, Medium Density) District, and a 65-A Height and Bulk District. The proposed project is to demolish an existing small single-family house located at the rear of the property and to replace it with a four-story-over-garage, 50-foot high, residential building containing eight dwelling units in the buildable area (front portion) of the lot. Eight off-street parking spaces are proposed.

                Preliminary Recommendation: Approval of project as proposed subject to any conditions imposed by the Conditional Use Authorization.

          SPEAKER(S): Same as those listed for Item 20a.

          ACTION: Did not take Discretionary Review and approved as staff recommended.

          AYES: Antonini, Bradford Bell, Boyd, Feldstein, Hughes, S. Lee, W. Lee

E. DISCRETIONARY REVIEW HEARING

      Approximately 6:00 PM the Planning Commission convened into a Discretionary Review (DR) Hearing to hear and act on Discretionary Review matters.

          21. 2003.0084D (G. NELSON: (415) 558-6257)

                23 WOOD STREET - west side between Euclid Avenue and Geary Boulevard; Lot 005 in Assessor's Block 1069 - Mandatory Discretionary Review, under the Planning Commission policy requiring review of all residential demolition permits, of Demolition Permit Application No. 2002.07.25.2322 proposing the demolition of a two-story single-family dwelling, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. There is a related proposal to construct a new, four-story two-family dwelling with two off-street parking spaces.

                Preliminary Recommendation: Do not take Discretionary Review and approve the demolition

                Continued from Regular Meeting of March 13, 2003)

          SPEAKER(S):

          (+) Alex Verum

          - The proposed building has extensive damage in both interior and exterior.

          - All five criteria in regards to demolition have been met.

          - He read three letters from people who are in support of the project.

          MOTION No. 1: Do not take Discretionary Review and approve the Project.

          AYES: Antonini, Bradford Bell, W. Lee

          NAYES: Feldstein, Hughes, S. Lee

          ABSENT: Boyd

          RESULT: Motion failed.

          ACTION: Continued to April 24, 2003 to allow the absent commissioner to participate in the final action.

          AYES: Antonini, Bradford Bell, S. Lee, W. Lee

          NAYES: Feldstein and Hughes

          ABSENT: Boyd

          22. 2002.1110DDD (G. NELSON (415) 558-6257)

                323 26TH AVENUE - west side, between California and Clement Streets; Lot 003 in Assessor's Block 1407 - Staff-initiated Discretionary Review and requests for Discretionary Review by members of the public of Building Permit Application No. 2002.03.11.1078, proposing to substantially alter a three-story single-family house by extending the building to the front, rear, and side, adding a full fourth floor, and adding two additional dwelling units in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District. The altered building will contain three dwelling units and three off-street parking spaces.

                Preliminary Recommendation: Take Discretionary Review and approve the project with modifications.

                (Continued from Regular Meeting of January 23, 2003)

          SPEAKER(S):

          Re: Continuance

          David Silverman

          - The project sponsor has requested the continuance and the reason is to try to resolve the issues.

          Janet Cole (speaking on behalf of one of the Discretionary Review requestors, Stamo Thomas)

          - She is neutral to the continuance.

          ACTION: Without hearing, item continued to May 15, 2003.

          AYES: Antonini, Bradford Bell, Hughes, Feldstein, S. Lee, W. Lee

          ABSENT: Boyd

      23. 2003.0085D (E. TOPE: (415) 558-6316)

                650 MYRA WAY - east side between Reposa Way and Omar Way; Lot 017 in Assessor's Block 2956A - Request for Discretionary Review of Building Permit Application No. 2002.10.02.8037S. The proposal would add a two story, 16-foot horizontal extension and a new second story deck to the rear of the existing two-story, single-family residence in a RH-1 (D), Residential, One-Family-Detached Zoning District and a 40-X Height and Bulk District.

            Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed.

          SPEAKER(S):

          (+) David Thompson - Project Architect

          - This modest addition will enlarge the home so that the family will be able to live comfortably there.

          - He gave the general design and architectural aspects of the project.

          - The DR requestor is concerned that the addition will cause a disturbance to the soil. A geotechnical engineer was hired to do a soils report and it states that there will be no disturbance.

          ACTION: Did not take Discretionary Review and approved the project as proposed.

          AYES: Antonini, Bradford Bell, Hughes, Feldstein, S. Lee, W. Lee

          ABSENT: Boyd

          24. 2003.0216D (J. TULLY: (415) 558-6372)

                141 CARMEL STREET - south side between Shrader and Cole Streets; Lot 035 in Assessor's Block 1294 - Request for Discretionary Review of Building Permit Application No. 2002.11.05.0793. The proposal would add a two-story addition with deck and stair to the rear of the existing two-story, two-family residence in 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):

          (-) Dennis Shay - Discretionary Review Requestor

          - He is concerned about the loss of light to his backyard.

          - He is not against his neighbor doing the addition.

          - He displayed photographs of how the shadows would impact his home.

          - He displayed a diagram of the different degrees of shadow depending on the hour of the day.

          (-) Nancy Cutler

          - She lives on Carmel Street.

          - She displayed a map of the interior of the proposed project recommending what could be done to eliminate some space and scale down the project.

          (-) Tom Ellis

          - If this project goes forward it would eliminate light to four units and there would be no privacy to his unit.

          - The extension will appear as a big wall coming out 12 feet right adjacent to his property.

          - He would appreciate any consideration. If it could be scaled down it would be great.

          (+) Vince Amarato - Architect

          - He was hired to analyze the conditions of the home.

          - The approach is a balanced and modest design. He took into account the adjacent homes regarding the design and tried to be sensitive to the changes the structure would cause.

          - He looked at the current structure to try to preserve as much as possible.

          - The purpose is to remove the substandard construction without damaging the 1912 structure.

          (+) Tom Patco - Project Sponsor

          - The plans are not exceptional or extraordinary. His plan is to be a good neighbor.

          - His intent is to design the smallest addition possible.

          - He has met with many neighbors and everyone who has seen the plans have been in favor of the project.

          - The proposed changes from the Discretionary Review requestor do not work for him because it will make the rooms odd shaped and will be more expensive.

          - He feels that this addition will increase the value of the adjacent properties.

          ACTION: Did not take Discretionary Review and approved as proposed.

          AYES: Antonini, Bradford Bell, Feldstein, Hughes, S. Lee, W. Lee

          ABSENT: Boyd

          25. 2003.0044D (G. CABREROS: (415) 558-6169)

                458 - 11th AVENUE-east side between Geary Boulevard and Anza Street, Lot 030 in Assessor's Block 1534 -- Mandatory Discretionary Review, under the Planning Commission's policy requiring review of residential demolitions, of Building Permit Application 2001.09.17.8447, proposing to demolish a two-story, two-unit residence in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. The replacement project proposes new construction of a four-story, two-unit building.

                Preliminary Recommendation: Do not take Discretionary Review and approve the demolition.

          Item 25:

          SPEAKER(S):

          (+) Jeremy Paul - Representing Project Sponsor

          - Gave a PowerPoint presentation of the project and showed how the proposed building is deteriorated.

          ACTION: Hearing held, continued to May 8, 2003 so project sponsor can provide supporting information on soundness report. Public hearing remains open on any new information provided.

          AYES: Bradford Bell, Feldstein, Hughes, S. Lee, W. Lee

          NAYES: Antonini

          ABSENT: Boyd

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))

      1) Jeremy Paul

      Re: Unlawful Residential Demolitions

      - He has been working with the Planning Department and various neighborhood organizations in trying to create a new policy that would prevent developers from having an easy opportunity to do unlawful demolitions.

      - When does a demolition become an unlawful demolition?

      - He has had a lot of requests for demolition projects that he has turned down.

      - He agrees with the Commission that engineering unsoundness reports are deeply flawed.

      - There should be standards established.

      2) Nancy McMachon

      Re: Myra Way

      - She thought she could speak on an item up until 10:00 p.m.

      - She has a lot of documentation showing that her building is in lethal danger.

      - She wants to know if she could submit an appeal on this project.

      (Director Green stated that the item on 650 Myra Way has been decided upon by the Commission and suggested that she take her issues up with the staff person assigned to the project)

      3) Kirk Scott

      Re: Discretionary Review Reform

      - He has written to the Commission about the Discretionary Review fee adjustment that staff is proposing. Since he wrote the letter, a number of people have established a discussion group via email that includes the Zoning Administrator, staff, and Community Boards. He invited the Commission to be part of this discussion group.

      - He also wanted to know when a hearing on the subject of Discretionary Review reform will be scheduled.

      (Director Green stated that he can speak with him after the hearing. Director Green publicly mentioned that he will be asking the Planning Commission to initiate an adjustment and amendment to the fee schedule. There will be a hearing on this in the near future).

Adjournment: 8:00 p.m.

THESE MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, MAY 1, 2003.

SPEAKERS: None

ACTION: Approved

AYES: Antonini, Bradford Bell, Boyd, Feldstein, Hughes, S. Lee, W. Lee

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