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July 10, 2003

July 10, 2003

SAN FRANCISCO
PLANNING COMMISSION

Meeting Minutes

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

Thursday, July 10, 2003
1:30 PM

Regular Meeting

COMMISSIONERS PRESENT: Michael J. Antonini, Shelley Bradford Bell, 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 1:30 p.m.

STAFF IN ATTENDANCE: Gerald Green - Director; Larry Badiner -Zoning Administrator; Judy Boyajian, Deputy City Attorney; John Paul Samaha; Jonathan Purvis; Rana Ahmadi; Ben Helber; Matt Snyder; Kelley Amdur; Adam Light; Rick Crawford; Glen Cabreros; Mary Woods; Dan Dibartolo; Dan Sider; Michael Smith; Michael Li; Kate McGee; 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. 2003.0223C (M. WOODS: (415) 558-6315)

          1275 FELL STREET - southeast corner of Fell and Broderick Streets, extending to Oak Street; Lot 11, in Assessor's Block 1215 - Request for Conditional Use authorization under Sections 207.4, 271, 303, 304, 711.11, 711.21 and 711.95 of the Planning Code to allow a Planned Unit Development on an approximately 50,000 square-foot lot for the construction of a 30-to 50-foot high mixed-use development consisting of up to 95 dwelling units, approximately 16,400 square feet of financial services and commercial/retail spaces (including a new approximately 5,700 square-foot Bank of America branch building and an approximately 10,000 square-foot Falletti grocery store/cafe) and up to 162 independently accessible off-street parking spaces (including after-hours community parking), in an NC-2 (Small-Scale Neighborhood Commercial District) Zoning District and 40-X and 65-A Height and Bulk Districts, including exceptions to rear yard, dwelling unit exposure and bulk limit requirements of the Planning Code.

                Preliminary Recommendation: Approval with conditions.

                (Proposed for Continuance to July 17, 2003)

          SPEAKER(S): None

          ACTION: Without hearing, item continued to July 17, 2003

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

          ABSENT: Boyd

          2a. 2002.1258DD (G. NELSON: (415) 558-6257)

                1708 ANZA STREET - east side between Geary Boulevard and Anza Street, Lot 015 in Assessor's Block 1536 - Request for Discretionary Review and Mandatory Discretionary Review, under the Planning Commission's policy requiring review of residential demolitions, of Demolition Permit Application 2002.05.01.4436, proposing to demolish a one-story, single-family residence in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District. There are two residential structures on the lot proposed to be demolished. The building proposed to be demolished under Demolition Permit Application 2002.05.01.4436 is a single-family dwelling located at the front of the lot. The replacement project proposes the construction of a four-story, three-unit building on the lot.

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

                (Continued from Regular Meeting of June 12, 2003)

                (Proposed for Continuance to July 17, 2003)

          SPEAKER(S): None

          ACTION: Without hearing, item continued to July 17, 2003

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

          ABSENT: Boyd

          2b. 2002.1259DD (G. NELSON: (415) 558-6257)

                1708 ANZA STREET - east side between Geary Boulevard and Anza Street, Lot 015 in Assessor's Block 1536 - Request for Discretionary Review and Mandatory Discretionary Review, under the Planning Commission's policy requiring review of residential demolitions, of Demolition Permit Application 2002.05.01.5442, proposing to demolish a two-story, two-family residence in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District. There are two residential structures on the lot proposed to be demolished. The building proposed to be demolished under Demolition Permit Application 2002.05.01.5442 is located at the rear of the lot. The replacement project proposes the construction of a four-story, three-unit building.

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

          (Continued from Regular Meeting of June 12, 2003)

                (Proposed for Continuance to July 17, 2003)

          SPEAKER(S): None

          ACTION: Without hearing, item continued to July 17, 2003

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

          ABSENT: Boyd

          2c. 2003.0345D (G. NELSON: (415) 558-6257)

          1708 ANZA STREET - east side between Geary Boulevard and Anza Street, Lot 015 in Assessor's Block 1536 - Request for Discretionary Review of Building Permit Application No. 2002.05.01.5442, proposing to construct a four-story, three-family dwelling with three off-street parking spaces, within an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District. There is a related proposal (Demolition Permit Applications 2002.05.01.4436 and 2002.05.01.5442) to demolish the two residential structures currently on the lot.

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

          (Continued from Regular Meeting of June 12, 2003)

                (Proposed for Continuance to July 17, 2003)

          SPEAKER(S): None

          ACTION: Without hearing, item continued to July 17, 2003

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

          ABSENT: Boyd

      3a. 2002.1220CV (M. LI: (415) 558-6396)

                999 GEARY STREET (990 POLK STREET) - southeast corner at Polk Street, Lots 006 and 007 in Assessor's Block 0716 - Request for conditional use authorization to (1) construct a 12-story, 106-foot-high building containing up to 143 dwelling units for low-income senior citizens and (2) reduce the number of required residential parking spaces within an NC-3 (Moderate-Scale Neighborhood Commercial) District and a 130-E Height and Bulk District. The project is proposing to provide 15 off-street parking spaces where 29 spaces are required.

                Preliminary Recommendation: Approval with conditions

          (Continued from Regular Meeting of June 5, 2003)

                (Proposed for Continuance to September 4, 2003)

          SPEAKER(S): None

          ACTION: Without hearing, item continued to September 4, 2003

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

          ABSENT: Boyd

          3b. 2002.1220CV (M. LI: (415) 558-6396)

          999 GEARY STREET (990 POLK STREET) - southeast corner at Polk Street, Lots 006 and 007 in Assessor's Block 0716 - Rear yard modification and usable open space and dwelling unit exposure variances sought. The proposed project is the construction of a 12-story, 106-foot-high building containing up to 143 dwelling units for low-income senior citizens within an NC-3 (Moderate-Scale Neighborhood Commercial) District and a 130-E Height and Bulk District. The rear yard modification and usable open space and dwelling unit exposure variances will be considered by the Zoning Administrator.

          (Continued from Regular Meeting of June 5, 2003)

          (Proposed for Continuance to September 4, 2003)

          SPEAKER(S): None

          ACTION: Without hearing, item continued to September 4, 2003

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

          ABSENT: Boyd

          4. 2003.0339C (K. AMDUR: (415) 558-6351)

                625 LARKIN STREET - southwest corner at Willow Street (between Eddy and Ellis Streets); Lot 006 in Assessor's Block 0740 - Request for conditional use authorization to modify the conditions of approval of Case No. 85.22EC as set forth in Motion No. 10328, which authorized the construction of a new 5-story building containing up to 8 dwelling units, approximately 6,000 square feet of commercial space and 11 parking spaces. The proposal is to convert a portion of the 2nd floor of the building, which currently contains office space, to three dwelling units. The building would subsequently contain a total of 11 dwelling units. Approximately 2000 square feet of office space would remain on the 2nd floor. The subject property is located in an RC-4 (Residential-Commercial Combined: High Density) Zoning District, the North of Market Residential Special Use District #1 and an 80-T Height and Bulk District.

                Preliminary Recommendation: Pending

            (Continued from Regular Meeting of June 5, 2003)

            (Proposed for Indefinite Continuance)

          SPEAKER(S): None

          ACTION: Continued Indefinitely

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

          ABSENT: Boyd

B. COMMISSIONERS' QUESTIONS AND MATTERS

      5. Commission Comments/Questions

          Commissioner Feldstein:

          - She apologized to the public for not having her responses submitted regarding the Housing Element. There was a death in her family recently and she is just getting caught up with her work load.

          Commissioner Bill Lee:

          Re: Housing Element

        - He previously had requested information from staff regarding overlays of the existing zoning for housing in the city with an overlay of supervisor Peskin's proposal for secondary units, another overlay regarding the Better Neighborhoods Program and the zoning for housing, and finally the fourth overlay would be the latest draft of the Planning Department's Housing Element. He would like to have this information before he makes a final decision. There is a public hearing on July 21 and he would like to have the priorities of the other City Departments such as the Transportation Authority, etc.

          Commissioner Antonini:

          Re: Housing Element

          - He echoed what Commission Bill Lee mentioned and would like to see this information in a separate session other than when the Housing Element hearing will take place.

C. DIRECTOR'S REPORT

      6. Director's Announcements

          Re: Commissioner Bill Lee's Comments:

          - He does not believe that all comments form Commissioners have been received.

          - Although there is an intent to have a hard copy and an electronic copy, the electronic copy might not be available at the same time as the hard copy.

          - There were agencies who gave presentations and he thought that they informed the Commission about their overlays.

          - Staff will be able to provide Commissioner Bill Lee with the graphic information about the linkages to the Eastern Neighborhoods and the Rezoning Efforts as well as all the pieces of information.

          Re: Budget Hearing

          - During the hearing of June 26, he presented to the Commission the recommendations from the Budget Analyst to the Board of Supervisors. Later that evening he was not able to give his presentation before the Budget Committee. The hearing actually took place the next day on Friday. At that time, he was able to respond to the Budget Analyst's recommendations. The Budget Analyst made several recommendations to delete several vacant positions, eliminate the budget for equipment, and eliminate a position where there is an individual on that requisition.

          - He went before the budget committee and supported some and disagreed with some.

          - The final result was the following:

          1. Delete three Planner II positions that are currently vacant.

          2. Delete a Senior Clerk Typist and a Senior Manager Position which are currently vacant.

          3. Reclassify a vacant Planner IV position to a Planner III position.

          4. Delete the $50,000 which would have been devoted to laptop equipment.

          5. Vehicles assigned on a full time basis to him and the Zoning Administrator are to be re-assigned for staff use. These vehicles are used by staff anyway so this would not change much.

          6. Delete a Planner V position in the Information Services Unit. This position is currently filled so the consequence would be that those who are the least senior in this classification would be affected. In this case, that would be the Environmental Review Officer. The person in this position has very special qualifications and experience regarding CEQA. A reassignment would really undermine the ability of the department to be efficient. He will submit an alternative that would be a refinement of their actions.

          SPEAKER(S):

          Marilyn Amini

          - She would like to know the availability of Commissioner's comments regarding the Housing Element.

          - She would also like to know what is the procedure of the "Third draft" of the Housing Element.

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

          BOS -

          - Due to the July 4 holiday, neither the Land Use Committee nor the Board met the week of June 30, 2003.

          Land Use Committee Meeting of July 7, 2003:

          - Consideration of Supervisor Peskin's ordinance establishing the Jackson Square Special Use District. "In order to provide for the protection and enhancement of specialty retail and antique store uses in the Jackson Square area."

          - This legislation was amended to exempt all uses that front Pacific Street.

          - Passed out to the Full Board for action.

          Full Board of Supervisor's Meeting of July 8, 2003:

          Re: 948-950 Lombard Street

          - The appeal was tabled off the Department's Categorical Exemption from environmental review. Staff has rescinded the exemption determination after receiving new geotechnical information and are re-evaluating the environmental determination.

          Land Use Committee Meeting of July 14, 2003:

          - The committee will consider Supervisor Gonzalez's legislation proposing neighborhood noticing for Retail Coffee Store and Pharmaceutical and personal toiletries (i.e. drugstore) uses. Recommended unanimously by the Commission on June 5.

          - Hearing to consider the priorities of City Planning and its work program for the upcoming fiscal year. McGoldrick sponsored this hearing to discuss the Department's priories as it relates to the annual budget.

          Full Board of Supervisor's Meeting of July 15, 2003:

          - Appeal of the secondary unit environmental exemption.

          - Conditional Use Appeal of 270-284 Valencia Street.

          BOA -

          Re: 330 25th Avenue

          - This was a demolition and new construction. The Commission did not take Discretionary Review on either demolition or new construction.

          - The Board upheld (+5-0) the Commission's decision except that a four foot corner of the proposed project should be cut out.

          Re: 1349 Clayton Street

          - This property was listed in the preservation listing.

          - The steel windows needed to be replaced with vinyl windows. The department did not approve vinyl windows on a preservation category building.

          - The owner installed the windows without a permit. An enforcement action was taken.

          - The building permit was ultimately submitted, the department disapproved it.

          - This went before the Board of Appeals, the department was upheld on a +4-1 vote.

          - The project sponsor requested a rehearing but did not show up. The Zoning Administrator was upheld.

          - The Board decided to grant another hearing. There was a decision at the call of the chair to install strips to give the illusion of cottage windows.

          - This disturbs him (the ZA) and he will be looking at this further.

D. PUBLIC COMMENT ON AGENDA ITEMS WHERE THE PUBLIC HEARING HAS BEEN CLOSED

      At this time, members of the public who wish to address the Commission on agenda items that have already been reviewed in a public hearing at which members of the public were allowed to testify and the public hearing has been closed, must do so at this time. Each member of the public may address the Commission for up to three minutes.

      Re: 4th and Freelon

      (+/-) Christine Koncal

      - She would like the Commission to consider lowering the building.

      - There are various projects that have underground parking and some are even closer to the San Francisco shoreline.

      - The cost for this building has not been substantiated.

      - The developer has received a height limit gift.

      - The SOMA master plan has certain codes, especially on alleys, that this has disregarded.

      (-) Elizabeth Dodd

      - She read a letter from Chris Slattery who lives close to the 4th and Freelon project.

      - The quality of air in the area where this project will be built is the worst 2nd highest in the City.

      - There is a report from the Department of Public Health that gives this same report.

      - Protection is needed here more than anywhere in the City.

      (-) Robert Scott

      - This developer has been given an excess in height to his benefit, yet still cannot provide a code-complying building.

      - This is a residential building that does not have residential requirements.

      - The developer has "tied" the architect's hands.

      - This project will not provide the best allowable space.

      (-) John Carney

      - He has looked at the exceptions and they are still not strong enough.

      - The height has not been straightened out. Low cost housing is still not clear either.

      - There is no mention about the garage.

      - Smoke stacks should be installed because of the problems with the air quality.

      - It is a real fraud to put a 9-story building where there is none.

      (-) Kenton McSween

      - He is here as a concerned neighbor and architect.

      - He is concerned with the overall height of the building.

      - There should be units on the bottom floors to deal with security issues.

      - There are various projects in this area that have underground parking.

      - He would like the Commission to deny this project as it is currently proposed.

      (-) Dick Millet

      - He is having a big problem with this project.

      - It seems that everything has become "let's make a deal." The developer should be ashamed to have a project here

      (-) Mary Ann Miller

      - The additional height is designed to just affect one lot.

      - The Commission cannot set aside all the requirements to make a place livable.

      (-) Sue Hestor

      - There seems to be private guarantees and nothing is certain.

      - A lot of people have understood different things about what is proposed.

      (+) Joe O'Donaghue

      - He cannot believe that the public is here again after there has been hearing, after hearing, after hearing.

      - This Commission should be proud of what they have done so far.

      - This project simply proves that a job can be done with so many obstacles.

    E. CONSIDERATION OF FINDINGS AND FINAL ACTION - PUBLIC HEARING CLOSED

      8. 2003.0466C (J. BANALES: (415) 558-6339)

          555 4TH STREET (AKA 557 4TH STREET) - a parcel bounded by Freelon, Welsh, and Zoe Streets; Lot 119 in Assessor's Block 3776 - Request for Conditional Use Authorization to allow [1] the construction of residential units pursuant to Planning Code Section 249.23(a) as a replacement for a previously approved but not yet constructed live/work units and [2] an exception to the base 50 foot height limit pursuant to Code Section 249.23(i). An exception from Dwelling Unit Exposure requirements is also requested pursuant to Code Section 249.23(f). Additionally, an administrative modification of rear yard requirements is sought from the Zoning Administrator pursuant to Code Section 249.23(d). The proposal involves the construction of 296 dwelling units, 7,000 square feet of retail space, and 312 off-street parking spaces in a new nine-story building extending to no more than 85 feet in height. As required by the Fourth and Freelon Streets SUD, affordable housing with square footage equal to 15 percent of the total residential square footage of the aforementioned project would be constructed off-site. The property is within an SLI (Service/Light Industrial) Mixed-Use Zoning District, the Fourth and Freelon Streets SUD (Special Use District) as recently established by Board of Supervisors Ordinance Number 27-03, the Mixed-Use Housing Zone as set forth in Planning Commission Resolution 16202, the proposed SES (South-End Service) District as set forth in Planning Commission Resolution Numbers 14843 and 14844, and a 50/85-X Height and Bulk District.

          Preliminary Recommendation: Approval with Conditions

          (Continued from Regular Meeting of June 19, 2003)

          NOTE: On June 19, 2003, following public testimony, the Commission closed public hearing and continued the matter to July 10, 2003 by a vote +4 -2. Commissioners Boyd and Antonini voted no. Commissioner William Lee was absent.

          SPEAKER(S): None

          ACTION: Approved as amended:

          1) findings relating to the use of prevailing wages; 2) findings and conditions of approval relating to air quality issues presented by the adjacent auto-oriented use as well as financial responsibility for any required improvements to air handing equipment; 3) findings relating to impacts of the high water table on the feasibility of excavation; 4) findings and conditions of approval relating to the "un-bundling" of parking; 5) conditions of approval relating to site control for the companion affordable project prior to permit issuance; 6) conditions of approval relating to design detail for (a) the blank wall facing Zoe Street and (b) an enhanced visual connection between Zoe Street and the fourth level courtyard; 7) staff to continue to work with the applicant to improve the proposed ground level conditions along Freelon and Welsh Streets (four additional dwelling units, two each along the ground level frontages of Freelon and Welsh Streets to be established. These units would contain approximately 500 square feet and would feature direct street access); 8) the total number of units would increase to 300 while the total number of off-street parking spaces would decrease to a maximum of 307; (the topography of the site is such that the inclusion of these units may require an increase in the overall height of the building by up to 18 inches for a total height of no more than 85 feet).

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

          NAYES: S. Lee

          MOTION: 16608

F. REGULAR CALENDAR

      9. 2002.07892E (J. NAVARRETE: 9415) 558-5975)

          CALIFORNIA ACADEMY OF SCIENCES PROJECT - Certification of the Final Environmental Impact Report (FEIR) - The California Academy of Sciences is in Golden Gate Park (Lot 1 of Assessor's Block 1700) along the easterly edge of the Music Concourse within a P (Public Use) district and an OS (Open Space) Height and Bulk District. The project would be to build a new CAS on the site of the existing facilities. The project would include demolition of 11 of the existing 12 buildings, and the removal of approximately 73 existing parking spaces. The project would retain and rehabilitate Simson African Hall in place. The Academy would retain its general location and orientation. The new facility would include three main levels above grade, two levels below grade, and a loading area at the southwestern portion of the project site. The new Academy building would be approximately 460 feet long and 280 feet wide, with the edges of the roof extending to approximately 520 feet long by 335 feet wide. The building would feature a landscaped roof, the base height of which would be less than 40 feet. Above the base, the landscaped roof would undulate to accommodate the Academy's major programmatic components beneath, with the two peak elements over the planetarium and rainforest exhibits reaching a height of about 67 feet, or approximately 13 feet beyond the highest existing point (Morrison Planetarium). These two peaks would be set back approximately 150 feet from the roof's edge along Academy Drive. Trellised portions of the roof would extend beyond the perimeter walls. The floor area would increase from approximately 350,000 sq. ft. to approximately 390,000 sq. ft. The footprint would decrease from approximately 240,000 sq. ft. to approximately 205,500 sq. ft. This increase in area on a smaller footprint is possible because the plans significantly increase basement level areas.

          Preliminary Recommendation: Certify the EIR as a Final EIR. Please note the public review period for the DEIR ended at 5:00 pm, April 29, 2003.

          SPEAKER(S):

          (+) Ron Miguel - PAR

          - This is one of the smallest compendium of responses to the EIR. It is adequate, comprehensive, and especially complete.

          (+) Jim Chappell - President of SPUR

          - There is no question that this EIR is adequate and complete and should be certified.

          - This is a dream project.

          (-) Chris Dudlestadt - SFT

          - There are a lot of errors and omissions in this project.

          - There are a lot of important accesses for the public that will be removed. These are significant to the project.

          (-) Mary Ann Miller - Alliance for Golden Gate Park

          - This was supposed to be a series of EIR's and it has not been so.

          - The public does not know what they will get.

          - She hopes that the Commission combines a hearing for this EIR and for the garage.

          (-) Stephen Willis - Alliance for Golden Gate Park

          - He is upset that there is only 1 minute of testimony.

          - This is the perfect example of fraud.

          (+) Tai Via

          - It is appropriate in this case to have a separate EIR.

          ACTION: EIR Certified

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

          MOTION: 16609

          10. 2001.0062E (T. CHAN: (415) 558-5982)

          491 BAYSHORE BOULEVARD - HOME DEPOT PROJECT - Public Hearing on Draft Environmental Impact Report - The proposed project consists of demolition of two vacant buildings, totaling 107,346 square feet (sq.ft.), and construction of a home improvement store (Home Depot). The 153,089-sq.ft.-project would consist of a two-story main store with approximately 96,250 sq.ft. on the main floor, 38,405 sq.ft. on the second floor, a 9,888-sq.-ft. enclosed greenhouse and an approximately 8,546-sq.ft. outdoor-garden center. A separate parking garage consisting of two levels plus rooftop parking totaling 550 parking spaces would also be constructed on this 5.73-acre site. The buildings would be approximately 40 feet in height. Vehicular access to the parking garage would be from Bayshore Boulevard, where Cortland Avenue dead-ends into Bayshore Boulevard, and secondary access would be on Loomis and Waterloo Streets. A customer pick-up lane would be provided on the ground level of the parking facility with egress onto Bayshore Boulevard, just north of the Cortland Avenue intersection. Four freight-loading spaces would be provided. The project is located within the Bayview/Hunters Point neighborhood. The site is within the Planning Commission's adopted Industrial`` Protection Zone (IPZ) and is located in a M-1 (Light Industrial) zoning district and within a 65-J height and bulk district.

            Preliminary Recommendation: No Action Required. Public hearing to receive comments only.

          Note: Written comments will be received at the Planning Department until 5:00 p.m., on July 11, 2003.

      (Continued from Regular Meeting of May 1, 2003)

          SPEAKER(S):

          (-) Jeff Hoffman

          - He has responded to the EIR in writing.

          - He is very opposed to the project because the EIR does not adequately deal with air pollution, delays because of traffic, etc.

          - There will be extra traffic on the side streets.

          - He is upset because the Commission did not adequately prepare for this hearing.

          - There are many residents that do not want "big boxed" businesses.

          - "Big boxed" businesses do a lot of damage to small businesses.

          (+) Leora Vestel

          - She lives just off Cesar Chavez.

          - She is very enthusiastic about the EIR.

          - She does not understand why San Francisco is taking so long to replace a home store with another home store.

          - This store will be accessible by public transportation.

          - She does not agree that this project will destroy the neighborhood.

          (+) Michael Miller - Northwest Bernal Heights

          - He has lived within blocks of the proposed site for 35 years.

          - He supports this project very strongly.

          - The area has become a deteriorating war zone.

          - The community is very fortunate to have Home Depot want to establish a store at this location.

          (-) John Hayes

          - He lives in Bernal Heights.

          - The DEIR severely underestimates the impact traffic will have in the area.

          - There is an earthquake danger at this facility.

          - The area is based on fill and this could be dangerous.

          - He would not like to be in this building during an earthquake.

          (+) Steve St. Denny - Carpet Connection

          - He is a San Francisco resident and has a business across the street from the proposed site.

          - He did not suffer any consequences with the 1989 earthquake.

          - He cannot remember the last time he drove on Cortland Avenue and knows that it is not easy to get through Cortland Avenue. People will only do that once.

          - He feels that many people will still go to the Colma Home Depot.

          (+) Joe O'Donoghue

          - Many of his members use Home Depot as well as the smaller businesses.

          - He does not believe that this project will have a negative impact on the smaller businesses.

          He supports this EIR as well as the project.

          (+) Dwayne Jusino - CAPS

          - They took a careful look at this project.

          - There are three off ramps from the freeway that flow through this area.

          - They feel that the accommodations made regarding traffic are appropriate in the EIR.

          (+) Terezinha Jusino - San Bruno Avenue Merchants

          - She is in favor of this EIR and this project.

          (+) Rob Caldwell

          -There is better planning now and this project will not be negative to the area.

          - They welcome the additional traffic.

          (+) Aida Calonico

          - She hopes that the Home Depot project be approved.

          - There are traffic problems everywhere.

          - Home Depot has everything one needs.

          - There will be a lot of income because of taxes and added employment.

          (+) James Tham

          - He has lived on Geneva for about 20 years.

          - There will not be a negative impact with this project.

          (+) Robert Heacock - Bernal Heights Neighbor

          - He lives on Bradford Street, which is right off Cortland Street.

          - The worst traffic on Cortland Street is in the morning because of commuters.

          - The Home Depot has redesigned their exits and entrances.

          - People will not drive on Cortland more than once. He knows how the traffic works in this area.

          - Presently Colma gets his tax dollars so he welcomes this project to San Francisco.

          (+) Rick Rutledge

          - He lives on Andover Street.

          - He is in support of accepting the draft EIR for this project.

          - He knows that one of the main problems in the EIR is related to traffic but this is one of the best locations for a Home Depot store.

          (+) John Degarmo

          - He has worked in this area for about 20 years.

          - It is very important that Home Depot be allowed to come to this location.

          - The loss of Goodman Lumber has made it a place for drug addicts and crime.

          - The traffic will be increased but it will not be much of an impact.

          (+) Ali Saeed

          -He would rather shop at a Home Depot in San Francisco than Colma.

          (+) Cesar Mendoza - Bernal Heights Center

          - He has lived a few blocks from the proposed site for about 30 years.

          - When Goodman Lumber was at this location, there were no problems with traffic.

          - This project will be good for the neighborhood.

          (+) David Gregoire

          - The environmental issues are fully addressed in the EIR.

          - This document is thorough and complete.

          - The area has always been a home improvement center. With the loss of Goodman Lumber the area deteriorated.

          - He supports this project.

          (+) Ana Shimko - Representing Home Depot - Cassidy, Shimko, Dawson

          - Home Depot will be submitting comments on the issues stated by the public.

          - She commends the City on a very thought out, and comprehensive document.

          (-) Al Norman - Bayview Merchants

          - He is concerned with the impacts on traffic in the area and traffic on the freeway.

          - The EIR must have been good before the Fell Street off ramp was closed.

          - There will be an increase in traffic.

          (+) Angelo King

          - He lives in the Bayview.

          - There are a lot of people that work and still have to look at this report and the issues involved.

          - He would like to commend Home Depot for responding to a lot of the issues the public has already raised.

          - It takes a lot of time to go over this type of document, and not that many people have the time.

          (+) Laurel Muniz

          - She has lived in Bernal Heights for about 28 years.

          - The Home Depot representatives have done a great job regarding community outreach.

          - Several of the members made many requests and Home Depot representatives have accommodated the requests.

          - She asks that the Commission move this project forward.

          (+) Joe Porcoro

          - He is a long-time resident of Bernal Heights.

          - He read the EIR although he admits it was not the easiest thing to do.

          - There are a lot of major streets leading to this site so why use Cortland Avenue.

          - Goodman Lumber used to have super sidewalk sales and no one complained about the traffic.

          (+) Judy Berkowitz - East Mission Improvement Association/Coalition for San Francisco Neighborhoods

          - She read a letter from Doris Vincent who is in support of the DEIR and supports the project as well.

          (-) Eve Back - ARC Ecology

          - There are many defects in this DEIR.

          - There is one main problem in the environmental impact report--there is an inadequacy with the General Plan.

          - A lot of the information used has not been available to the public during the review period.

          (-) Larry Cruz - BHNZ

          - He is a 14 year resident of Bernal Heights.

          - He has serious concerns about this DEIR.

          - It is his hope that his concerns be taken seriously.

          - His organization has been accused of being anti growth.

          - They will be involved in the land use development.

          - There are traffic concerns, air quality concerns, and he is concerned with the lack of community input.

          (-) Mauricio Vela - BHNZ

          - He lives in Bernal Heights.

          - He has always taken Cortland Avenue to get to Goodman Lumber.

          - Many residents would like to have housing on top of the Home Depot project.

          - This project will impact the community negatively.

          - Not only Cortland will be impacted but also Bayshore Boulevard.

          (-) Ron Morgan - BHNZ

          - He lives in Bernal Heights.

          - The Draft EIR does not come close to dealing with the issues made by the community.

          - If Home Depot is [not] allowed to mitigate it's impacts then the residents and taxpayers of San Francisco will suffer.

          - The Redevelopment Agency has been in support of this Home Depot because it will allow other large business to be in the area. This is growth inducement that is not stated in the DEIR.

          (-) Barbara Kyle

          - She lives in Bernal Heights.

          - The traffic information that is in the EIR is not accurate and underestimated.

          - She displayed a street map of the proposed project stating that there will be only one entrance to the parking garage.

          (-) Roy Recio

          - He lives in Bernal Heights.

          - He is a legally blind person.

          - It is very difficult for him to get through the streets in this area.

          - It will be practically impossible for him to get through if this project gets approved.

          (-) Amy Beinart - Bernal Heights Neighborhood Center

          - She has lived in Bernal Heights for about 15 years.

          - She is concerned with the DEIR because it does not deal with the traffic concerns.

          - She is concerned that the DEIR does not adequately address or fully evaluate the traffic that comes from O'Shaughnessy.

          - The increase in traffic will add to the pollution.

          (-) Robert Mokey

          - He finds that there are a series of flaws in the DEIR regarding traffic and air pollution.

          - The statement made in the DEIR that there would be a 13% increase in traffic is not very realistic since he shops at the Home Depot in Colma.

          - A huge "big box" is inconsistent with this area.

          (-) Amy Kyle

          - She is concerned with the air quality and pollution this project will cause.

          - Vehicle pollution is one of the most important resources of air pollution.

          - How land and transportation is managed determines if there will be air pollution.

          - It is important to analyze this in a serious, well-grounded way.

          - This DEIR does not do this.

          (-) Liz Lindle - Cole Hardware

          - She lives on Bernal Heights.

          - She read the DEIR and asks the Commission to look at the big picture and the future for the Bernal Heights area and the surrounding areas.

          (-) Linda Cook - Cole Hardware

          - She feels that there will be a loss of small business with this project.

          - Small neighborhoods have small businesses and that is part of this.

          (-) Rosanne Liggett

          - She lives in Bernal Heights.

          - She feels that this Home Depot is huge and will have a negative impact on the neighborhood.

          - She thinks that there will be a large impact on the traffic and on the side streets.

          - There are issues with earthquake safety as well that have not been adequately addressed.

          (-) Brent Daniel

          - He lives in Bernal Heights.

          - He urges the Commission to treat the DEIR with great skepticism.

          - At the Colma Home Depot he has had to wait a lot just to get into the driveway.

          (-) Douglass Halloway

          - He has lived in Bernal Heights for about 15 years.

          - The main entrance and exit is by Cortland Avenue. This will cause a driveway on the street.

          - The DEIR does not adequately address the traffic impact.

          - The traffic here will mostly be large trucks, vans, etc.

          (-) Gretchen Mokry

          - The DEIR states that there will not be significant traffic in the area.

          - The only way to get out of Bernal Heights is either on Cortland or Mission.

          - Cortland Street will be backed up and this could be a dangerous situation.

          - She would like to see more study on the cancer affects because of vehicle pollution.

          (-) John Daniels

          - He has lived in Bernal Heights for many years.

          - There are people that drive through this neighborhood rather fast and can be dangerous to pedestrians.

          - A car before has hit him and that is very scary.

          - This is the time to plan for the future.

          (-) Larry Dean

          - He lives on Bernal Heights.

          - He "tried" to read the DEIR, but he did look at the charts.

          - The sense he got from the report is that traffic will definitely increase and the air quality will worsen.

          - He is opposed to such a large home improvement store.

          - There is a transit first policy and this project does not have a transit first policy.

          (-) Charley Abrams - Traffic Consultant

          - He is a traffic engineer and works for Cole Hardware.

          - He reviewed the DEIR very thoroughly and he is concerned with the mitigation measures.

          - This project will generate about 1,000 vehicles per hour.

          - This project is the equivalent of adding another lane of traffic on the freeway.

          (-) Deborah Levy

          - She lives in Bernal Heights.

          - The DEIR is not good for Bernal or for the rest of the City.

          - The report does not deal with the social impacts on this City.

          - There will be a lot of delays in the morning and this will cause impacts on the Laid Law buses that take children to the various public schools.

          - All of these things will be affected by future stores that will want to open their businesses in this area.

          - A mid-size development will be more appropriate.

          (-) Bill Nieto - BHNC

          - He has lived in Bernal Heights all of his life.

          - This is a common sense deal. The Colma store is not built on a street.

          - He drives a truck for a living and he feels that there will be jobs lost.

          (-) Rachel Kesel

          - She rides her bike to various locations in the City.

          - She recently saw a biker get hit by a car in this area.

          - There is a lot of vehicle pollution in that area already.

          - The DEIR sates that there will be some loss of parking spaces in the area.

          - There is growth inducement because Pier 1 is planning to move into the area as well.

          (+) Joseph Smooke - Bernal Heights Neighborhood Center

          - The Department of Parking and Traffic study is very comprehensive. Bernal Heights was made a pilot study because there are significant traffic and pedestrian impacts.

          - There are two major vacant sites on Bayshore.

          (-) Cris Witteman

          - He lives on Cortland Street.

          - He heard that if Home Depot changed their entrance to Loomis Street it would mean that the Commission would need to look at this again.

          - It would be a good idea to receive the underlying data in an electronic format.

          (-) Dorin Steinberg

          - Bernal has emerged to be a jewel neighborhood.

          - By the year 2005 all the ramps will be jammed up.

          - It is so frustrating right now for him to get onto 101.

          - There is already heavy vehicle congestion on Cortland Street. People from various neighborhoods will go through Cortland to get to Home Depot.

          (-) Rick Gerharter

          - He lives on Cortland Street.

          - He works from home and uses his car frequently.

          - This project will impact his business negatively and he urges the Commission to reject the EIR.

          - There should be a more community-based development for this area.

          (+/-) Elouise Patton

          - There are a number of inadequacies in regards to employment.

          - Home Depot is aware of this and they have stated that they will be fixing this.

          (-) Mark Lynch

          - He is not opposed to a Home Depot project but the project will cause a negative impact, and the area is already a zoo.

          - He spoke with various neighbors and most all of them are concerned with pollution.

          - He has lost relatives to cancer.

          (-) Gina Solomon, MD, MPH

          - She is a resident of Bernal Heights.

          - She read the DEIR specifically as it relates to the air quality issues.

          - There are various reports and studies that prove that people in high pollution areas are more at risk to cancer.

          - The EIR has a lot of inadequacies related to scientific information on air quality.

          (-) Phoebe Grigg

          - She is concerned with overflow traffic and air quality issues.

          (+) Jorge Bustos

          - He is a San Francisco native and a real estate broker.

          - This is a good project.

          - With any type of change there is resistance, there are negative aspects and positive aspects.

          - He has been to Home Depots in the bay area and knows that there is a lot of traffic, but the residents east of San Francisco will still go to the Colma Home Depot because of 19th Avenue.

          (-) Molly Maloney

          - She owns a business that is about two blocks away from this location.

          - The more people that come to Home Depot the more people who will drive past her business.

          - She will still support small business and go to Cole Hardware.

          - She is opposed to the project.

          (-) Jim Allison

          - He lives on Cortland Street.

          - There are long-term impacts with this project.

          - This is a perfect example of Planning failing to plan.

          - He encourages the Commission to look at the future growth impacts.

          (-) Ingrid Larson

          - She lives on Cortland Street.

          - She has looked at this report but does not believe it because there are already traffic problems in the area.

          - The traffic is not going to get any better.

          - The community does not need this.

          (-) Gil Payne - Prudential California Realty

          - He lives in Bernal Heights.

          - He works for Prudential Realty.

          - There are problems already today in this area.

          - There is backed up traffic on Cortland already and it will make it worse with this project.

          - He is also concerned about air quality and fumes.

          - He is not against Home Depot but Goodman Lumber was more community based.

          - He is also concerned that his property will decrease in value.

          (+) Charles Clary

          - The DEIR includes improvement for the Bayshore Avenue.

          - He is concerned that there will only be one entrance to the parking lot of Home Depot. He thought that there were others.

          - He supports Home Depot and other business of this sort to come to the City.

          (-) Dan Dodt - BVHP - PAC

          - He lives in the Bayview District.

          - He shares the vision of revitalization of the Bayshore corridor.

          - After reviewing the DEIR, he discovered a lot of inconsistencies.

          - He has repeatedly asked the project sponsor to provide information to him and he has not been able to receive it.

          (-) Rick Shelton

          - He is not against business because he is a businessperson.

          - Regardless of the impact on Cortland Street, the important thing is the quality of jobs provided. What kind of living wage will people have? White type of benefits?

          - The uniqueness of the City will be change with this project.

          (-) Kathryn Maxey

          - She lives on Cortland Street.

          - She has three concerns: the negative affects on the neighborhood, traffic and air pollution.

          (+) Rev. Arnold Townsend

          - He finds this DEIR adequate and it is time to move on.

          - There is a certain kind of environmental danger--it is unemployment.

          - This project will provide jobs, so this project should be supported.

          (-) Sue Hestor

          - She lives in Bernal Heights and is also representing Cole Hardware.

          - The applicant of this project is Home Depot as well as one of the previous owners of Goodman Lumber. This site has not been maintained. If this project is developed it would make it harder for the Redevelopment Agency to justify a redevelopment area for this area.

          - There are a lot of inconsistencies with this EIR. For example, the maps show non-existent streets, etc.

          - There is no analysis of pedestrians or MUNI impacts.

          (-) Cris Ellen Montgomery

          - She would like the Commission to reject the DEIR because it is flawed.

          - She has worked for the City and County of San Francisco for many years.

          - There will be a "lava" flow of traffic down Cortland to visit the new Home Depot.

          ACTION: Public hearing only. No action required.

Item 11 was taken out of order and followed item 9:

    11. 2003.0207C (R. CRAWFORD: (415) 558-6358)

          1509 TARAVAL STREET - between 25th and 26th Avenues, Assessor's Block 2400 Lot 043 - Request under Planning Code Section 161.(j) for Conditional Use Approval for a reduction of 3 off street parking spaces required for dwellings for a Project with ground floor commercial and 3 dwelling units. This project lies within an NC-2 Small Scale Neighborhood Commercial District and within the 40-X Height and Bulk District.

      Preliminary Recommendation: Approval with Conditions.

          SPEAKER(S):

          (+) Reza Khosnevisian - Project Engineer

          - He has no problem with the conditions placed by the Department.

          - He is available to answer questions.

          (+) Howard Weston

          - He lives right next door.

          - He knows the area better than anyone around because he has been living there for about 40 years.

          - The parking situation is terrible in the area.

          - The parking is so bad that he sometimes cannot even use his own driveway.

          - He feels that with this project there will be at least nine more cars.

          ACTION: Intent to Disapprove. Final Language July 24, 2003

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

          NAYES: Bradford Bell, Feldstein

          12. 2002.1049C (K. McGEE: (415) 558-6367)

          34 LELAND AVENUE - north side between Bayshore Boulevard and Alpha Street; Lot 10 in Assessor's Block 6248 - The proposal is to demolish the existing vacant building and to construct a four story structure. Request for Conditional Use Authorization to construct a child-care facility on the ground floor and three dwelling units above without providing the required three parking spaces, per Planning Code Section 161(j) in an NC-2 (Small-Scale Neighborhood Commercial) Zoning District and in a 40-X Height and Bulk District.

          Preliminary Recommendation: Approve with modifications.

          (Continued from Regular Meeting of June 19, 2003)

          SPEAKER(S):

          (+) James Lee - Project Engineer/Designer

          - He agrees with staff's decision except for the height.

          - The top floor has been set back 15 feet from the front so it is not visible from the street in the front.

          (+) Marlene Tran - Project Sponsor

          - She is here to ask the Commission to consider the amendments of the conditions of approval to allow for a full story building with a setback on the top story.

          - She has about 1,000 signatures in support for this project.

          - Past efforts have failed to revitalize Leland and Bayshore Avenue because those plans were not viable.

          - She has been a teacher for many years and she has listened to the needs of her students.

          - In Visitation Valley this is the only commercial street.

          - She is not here to exploit the community.

          - The proposed development is consistent with the community vision of revitalization of Visitation Valley.

          (+) Dwayne Jusino - CAPS

          - The applicant has been a tremendous resource for the community of Visitation Valley.

          - She has provided services that have been a great asset to Silver Terrace.

          - This service is very necessary for the community.

          (+) Sonja Carter

          (Testimony of speaker was unclear, but was in support of the project)

          (+) Natalie Gee

          - She is here to support the project.

          - She has known the project sponsor for many years and knows that she has been an asset to the community.

          - The project sponsor wants the best for her community. Affordable housing and a childcare center are good for the community.

          (+) Michael Hou

          - He is here to support the project sponsor.

          - The project property is very old and needs to be replaced.

          - Improving the housing will beautify the area.

          - The area will be prosperous.

          (+) Jose Chavez

          - He would like the Commission to support this project.

          - The project sponsor has been an asset to the neighborhood.

          (+) Jim Ai Long

          - She is here to support this project because it will rebuild the area.

          - Because of this project, many people will benefit.

          - The childcare facility will be beneficial to the residents of the neighborhood.

          (+) Chia Fong Lin

          - She is here to support this project and the project sponsor.

          (+) Guo Quan Yang

          - The project sponsor has done a lot of work for the community.

          - The safety in the neighborhood is not that great, but the project sponsor has worked hard to improve safety.

          - She supports this project.

          (+) Sau Ha Fong

          - She is here to support this project.

          - She is the president of the Student Association.

          - Ms. Tran has helped the PTA receive a lot of benefits.

          - This year there is no summer school so her daughter cannot attend.

          - Parents/Teacher's Association fully support this project.

          (-) Bing Yan Chen

          - She is opposed to the project because there are already many childcare facilities.

          - The construction will cause disruption to the neighborhood.

          (-) Jane Wu

          - This project will cause disruption to everyone living nearby.

          - The new structure will block light and air.

          (-) Darwin Lee

          - Visitation Valley Community Center has been in the neighborhood for many years and there is a childcare facility there.

          - The neighborhood has only one and two story structures.

          - A four story structure would be out of character and overwhelming.

          - He lives right behind the structure and it will block the light from his house.

          (-) Yu Tong Wu

          - He does not oppose the childcare but he is opposed to a four level building.

          - The four level building does not provide a parking space.

          - The project sponsor is being very selfish.

          - There are over 200 people who oppose this project.

          - He would support a two story building but not a four story one.

          (-) James Lum

          - He has been living in the neighborhood since the 1950s.

          - A four story building built where most of the buildings are only two stories is not very compatible.

          (-) David Chan

          - He has owned property on Leland Street for about 20 years.

          - Leland Avenue is very busy, especially in the afternoon.

          - Anytime from 4 to 6 p.m., people double park. Having the childcare center there will cause parents to double park to pick up their children.

          - Without having additional parking spaces, the three residential units should not be accepted.

          (-) Xin Huang

          - He has lived in the neighborhood for many years.

          - Parking spaces are very limited. He is concerned that there will be an increase in traffic and congestion.

          - He supports building schools and childcare centers.

          (-) Pak Lok

          - He does not support a four story building.

          - If there is a four story building it will block the sunlight from his yard.

          - He supports a two level structure.

          (-) Deborah Liu

          - She is not in support of a four story building because it does not allow off street parking.

          - The building does not fit the character of the neighborhood.

          - It will also block sun and light.

          (+) Richard Ow

          - He has known the project sponsor for many years.

          - He has seen how the children benefit from the project sponsor's caring ways.

          - Many people in the neighborhood have two jobs. Because of this, the children will be able to stay at the childcare center.

          (+) Winnie Tsang

          - There is a big parking lot in the neighborhood, so people cannot say that there is no parking.

          - More people are moving into the neighborhood.

          - She urges the Commission to support this project.

          (+) Pilar Dexter - Visitation Valley Community Center

          - Parking is not a big problem in the neighborhood.

          - There are three story buildings in the neighborhood.

          - The project sponsor does a lot for the community.

          - She urges the Commission to support this project.

          ACTION: Approved as amended: 1) In order to meet the open space requirements for the dwelling units, the fourth floor shall be deleted; 2) add a kitchen to the first floor; 3) in order to meet the State childcare requirements for open space per child, the design of the project shall be modified to increase the setback on the ground floor; 4) allow 2, 3-bedroom units.

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

          NAYES: Antonini, Boyd, S. Lee

          MOTION: 16611

      13a. 2003.0109EKCV (B. FU: (415) 558-6613)

          988-992 HOWARD STREET (A.K.A. 185-197 6TH STREET, A.K.A. `THE PLAZA HOTEL'), corner of 6th Street; Lot 025 in Assessor's Block 3725 - Request for Conditional Use Authorization to allow the demolition of dwelling units pursuant to Planning Code Sections 815.13 and 803.5(b). The proposal involves the demolition of an existing two-story structure containing 37 SRO units and retail and performing arts space and the new construction of a 9-story structure containing 106 SRO units, ground level retail space, and performing arts space. The property is within an RSD (Residential / Service) Mixed-Use Zoning District, a Mixed-Use Housing Zone as set forth in Planning Commission Resolution Number 16202, and an 85-X Height and Bulk District.

      Preliminary Recommendation: Approval with Conditions.

          SPEAKER(S):

          (+) Erin Carson - Senior Project Manager for Public Initiatives Development Corporation

          - The people who were here to testify have gone home because of the lateness of the hearing.

          - She presented slides describing the project.

          - They have met with various community organizations regarding this project.

          - She hopes that the Commission will approve the project.

          (+) Paulette Taggert - Taggert Design

          - She described the architectural components of the project.

          ACTION: Approved as Amended: Change the designated agency from The Mayor's Office of Housing to the Redevelopment Agency; and add a condition that says there will be no bar, liquor store, or other liquor sales permitted on the site.

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

          MOTION: 16610

      13b. 2003.0109EKCV (B. FU: (415) 558-6613)

          988-992 HOWARD STREET (A.K.A. 185-197 6TH STREET, A.K.A. `THE PLAZA HOTEL') - corner of 6th Street; Lot 025 in Assessor's Block 3725 - Requests for [1] a Rear Yard Modification to allow partial relief from rear yard requirements pursuant to Code Sections 134(e)(1) and 307(g), [2] an Off-Street Parking Modification to waive off-street parking requirements for an `arts activity' use pursuant to Code Sections 161(k) and 307(g), and [3] an Off-Street Parking Variance to waive parking requirements for SRO (Single Room Occupancy) units pursuant to Code Sections 151 and 305. The proposal involves the demolition of an existing two-story structure containing 37 SRO units and retail and performing arts space and the new construction of a 9-story structure containing 106 SRO units, ground level retail space, and performing arts space. The property is within an RSD (Residential / Service) Mixed-Use Zoning District, a Mixed-Use Housing Zone as set forth in Planning Commission Resolution Number 16202, and an 85-X Height and Bulk District.

          SPEAKER(S): Same as those listed for item 13a.

          ACTION: Zoning Administrator closed the public hearing and granted the modifications and variance.

          14. 2002.0896C (B. FU: (415) 558-6613)

                436 CLEMENTINA STREET - north side, between 5th and 6th Streets, Lot 062 in Assessor's Block 3732 - Request for Conditional Use (CU) authorization under Planning Code Section 263.11 to allow Special Height Exceptions within the South of Market Residential Service District (RSD) with a 40-X/85-B Height and Bulk Designation. The proposed project would demolish the existing one-story, 5,000 square-foot warehouse and construct 28 residential units over a ground-floor commercial space, and ten off-street parking spaces within a new eight-story structure. The proposed structure would be approximately 75 feet in height.

                Preliminary Recommendation: Approval with conditions

      (Continued from Regular Meeting of May 22, 2003)

          NOTE: Although a public hearing was held on February 13, 2003, public comment remains open.

          SPEAKER(S): None

          ACTION: Without hearing, item continued to September 4, 2003

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

          ABSENT: Boyd

      15. 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, 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

          SPEAKER(S): None

          ACTION: Without hearing, item continued to July 17, 2003

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

      16. 2003.0544C (T. TAM: (415) 558-6325)

          605 ITALY AVENUE - southeast corner of Italy Avenue and Naples Street; Lot 25A in Assessor's Block 6340 - Request for Conditional Use authorization pursuant to Planning Code Sections 209.3 and 303 to establish an accessory institutional use (Epiphany Parish Center) in an existing two-story building currently owned and occupied by the Roman Catholic Archbishop of San Francisco. The property is located in RH-1 (Residential, House, Single-Family) District and a 40-X Height and Bulk District.

      Preliminary Recommendation: Approval with conditions

          SPEAKER(S):

          Mon. Bruce Dryer, Pastor - Project Sponsor

          - He is concerned with the number of street trees.

          ACTION: Approved as amended: strike out finding No. 5 (which requires
          five (5) trees).

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

          MOTION: 16612

G. DISCRETIONARY REVIEW HEARING

      At approximately 9:43 PM the Planning Commission convened into a Discretionary Review (DR) Hearing to hear and act on Discretionary Review matters.

      17. 2003.0179D (K. SIMONSON: 415-558-6321)

          2935 PACIFIC AVENUE - south side between Baker and Broderick Streets, Lot 27 in Assessor's Block 976 - Request for Discretionary Review of Building Permit Application No. 2000.12.21.8481, proposing to make alterations to the rear of the building and construct a roof deck. This building permit application was the subject of an earlier Discretionary Review Hearing (Case No. 2001.0251D) to reduce the number of dwelling units from three to two. The dwelling unit merger was heard by the Planning Commission on June 21, 2001. The application was subsequently appealed to the Board of Permit Appeals and heard on November 28, 2001, where the project, including the dwelling unit merger, was approved. The permit, as revised, is consistent with that approval. The subject property is in an RM-2 (Mixed Residential, Moderate Density) District and a 40-X Height and Bulk District.

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

          SPEAKER(S): None

          ACTION: Discretionary Review request was withdrawn

          18. 2003.0519D (K. SIMONSON: 415-558-6321)

          1111 STANYAN STREET - west side between Parnassus Avenue and Grattan Street, Lot 4 in Assessor's Block 2630 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of dwelling unit mergers, of Building Permit Application No. 2003.02.13.7368, proposing to legalize the merger of two dwelling units to create a single-family dwelling. The subject property is in an RH-3 (Residential, House, Three 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): None

          ACTION: Without hearing, item continued to July 31, 2003

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

          19. 2003.0165D (D. SIROIS: (415) 558-6313)

                3976 - 25TH STREET - north side of 25th Street, between Sanchez & Vicksburg, Lot 019, Assessor's Block 6536 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application 2002.11.07.0995, to demolish an existing single-family dwelling (the project also includes the construction of a new two-family dwelling) in an RH-2 (Residential House, Two-Family) District and in a 40-X Height and Bulk District.

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

                (Continued from Regular Meeting of June 5, 2003)

          SPEAKER(S):

          (+) Russell Murphy - Project Sponsor

          - He purchased the property about two years ago.

          - The house was divided into two illegal units.

          - The third has no egress.

          - There is no seismic reinforcing.

          - The electrical is quite old as well as the plumbing.

          - The foundation does not have any steel.

          (+) Bill Hong - Structural Engineer

          - The building is so extensively deteriorated that it does not have the benefit of modern building code protections.

          - The house was built in 1906.

          - There is extensive damage throughout the building.

          (+) Nersi Hemati - Soils Engineer - Nersi Hemati Consulting Soils Engineers

          - There is a lot of soft clay material as well as sand in the foundation.

          - If there is a major earthquake, there is danger of liquefaction.

          - With a new foundation, they would be preventing damage to the building in the event of an earthquake.

          (+) John Altman - Project Architect

          - The structure has been severely altered over the years.

          - He displayed a picture of the rear of the building explaining that it is in terrible shape.

          - The way the house is designed currently, there is not enough windows for light and air.

          ACTION: Did not take Discretionary Review and approve the demolition

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

          NAYES: Feldstein and Hughes

          20. 2003.0588D (G. CABREROS: (415) 558-6169)

          1532-1534 COLE STREET - east side of the street and south of the intersection of Cole and Carmel Streets, Lot 016 in Assessor's Block 1293 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of all residential demolitions, of Demolition Permit Application No. 2002.12.20.4027 proposing to demolish a two-story, two-unit dwelling in an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk District. Construction of a two-story, two-unit building with two parking spaces is also proposed under separate permit.

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

(Continued from Regular Meeting of June 26, 2003)

          SPEAKER(S): None

          ACTION: Without hearing, item continued to July 17, 2003

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

          21a. 2003.0189D (G. CABREROS: (415) 558-6169)

          529 21ST AVENUE - west side between Anza and Balboa Streets, Lot 004 in Assessor's Block 1564 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of all residential demolitions, of Demolition Permit Application No. 2002.06.14.9077 proposing to demolish a one-story, single-family residence in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. Construction of a four-story, two-unit building with two parking spaces is also proposed under separate permit.

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

                (Continued from Regular Meeting of June 19, 2003)

          SPEAKER(S):

          (-) Marylou Estrada - Discretionary Review Requestor

          - There are many residents who will be negatively affected by the proposed project.

          - The 21st Avenue Coalition has had several meetings and made several requests with the project sponsor. The coalition feels that the project sponsor has not been responsive to the requests from the neighbors.

          - The coalition requests that the Commission revise the project with the following changes: reduce square footage, reduce depth of pop-out, revise project plans to lessen light and air impacts, provide additional parking, etc.

          - She would like the project sponsor to respect the character of the neighborhood. The project is just too large.

          (-) Hiroshi Fukuda

          - He opposes the demolition as well as the project.

          - This house [as is] is more affordable than what the finished project will be.

          - The building is too large.

          (-) Jim Draper

          - He lives on 21st Avenue.

          - He is opposed to the demolition and the size of the new project.

          - He fears that this project will be cause for illegal units.

          - The project is too big.

          (-) Greg Wright

          - He lives on 21st Avenue

          - He opposes the project because it is too large.

          - He displayed a site map of the street showing how many of the houses are much smaller than the proposed construction.

          (-) Tony Maurovich

          - He has lived on 21st Avenue for about 50 years.

          - He supports his neighbors who are against this project. The project will not affect his home but he is here to oppose the project.

          (-) Chiyu Nagareda

          - She lives in a small house and is always having problems with parking.

          - The light does not come in that well to her house.

          (-) Jim Cranna

          - He has lived on 21st Avenue for about 26 years.

          - The proposed entryway of the proposed structure will be different than the other entryways of the homes in the neighborhood.

          (-) Mario Salinas

          - He is concerned about preserving the neighborhood character.

          - The new building is too large.

          - He opposes this project.

          (-) Elisabeth Robinson

          - He lives on 22nd Avenue and will be adversely affected by this project.

          - The Residential Guidelines state that intrusions into the rear yard, even though permitted by the planning code, may not be appropriate if they fail to respect the mid-block open space and reduce adverse impacts on adjacent buildings.

          (-) Krista Robinson

          - She has lived on 22nd Avenue for about 25 years.

          - As her mother explained, this property will have a negative affect on her yard.

          (-) Mario Castagnola - Discretionary Review Requestor

          - He has lived on 21st Avenue for many years.

          - He is concerned with the following issues: Excavation will undermine the foundation to his house; the 4th floor will block two of his windows therefore reducing light and air.

          (-) Phillip Castagnola

          - He is concerned with the blockage of light and air to his house.

          (-) Phillip Cranna

          - He has lived on 21st Avenue all his life.

          - A lot of the signatures on the project sponsors support sheet do not come from people in the neighborhood where the project is proposed.

          (-) Joan Connelly

          - She is opposed to the project because of the parking that would be lost.

          (-) Loren Lopin

          - He opposes the demolition because he feels that the cost to repair the current structure does not reach the 50% requirement.

          (-) (name unclear)

          - She urges the Commission to take Discretionary Review and disapprove the demolition and the new construction.

          (+) Way Shan Leung - Project Sponsor

          - She has lived in the Richmond District for 27 years.

          - The project meets all the City codes.

          - The current structure was never affordable housing.

          - She is only eliminating a public hazard.

          - She is proposing to build four stories. The two adjacent buildings are four stories as well.

          - She contacted the neighbors about one year ago.

          - All the homes in the Richmond District have a variety of designs.

          (+) Antonio Barrientos

          - He lives on 21st Avenue (two blocks north of the property in question).

          - He feels that the current structure is an eye sore.

          - Parking has always been a problem in the area.

          - Please approve the project as submitted.

          (+) Meshell Johnson

          - She has known the Leung Family half of her life.

          - The Leung family wants to stay together and this makes financial sense.

          (+) Gautham Reddy

          - The existing building is an eye-sore as well as a safety hazard.

          - The building needs to be torn down.

          - The building is mixed because of the height, and the project sponsor will be building two units and adding to the housing stock.

          (+) Dr. Kenji Murase

          - He lives in the Richmond District and is in support of the demolition and the proposed construction.

          (+) Dr. Miriam Murase

          - She lives in the Richmond District.

          - She hopes that the Commission will approve this project because it will allow a family to stay together and for siblings to live with their parents.

          (+) Dr. Greg Zaharchuk

          - He is a resident physician on a very low salary.

          - He lives with his wife and his wife's parents.

          - He hopes the Commission will approve this project.

          (+) Ben Lee

          - The current structure was vandalized a few month's ago.

          - This structure needs to be demolished in order for this not to happen again.

          - The family deserves everything they should under the law.

          - This is a real nice family.

          (+) (name unclear)

          - He lives with his family on Balboa Street.

          - He feels that the current house is old and dirty.

          - The new structure will not be out of scale with the adjacent structure.

          - Sometimes he has a language barrier so it is good to keep together helping each other out.

          (+) Raymond Lui

          - He has known the Leoung family all his life.

          - He grew up on 23rd Avenue.

          - This family should be allowed to build a home under the appropriate laws.

          - He is a structural engineer.

          ACTION: Did not take Discretionary Review and approve the demolition.

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

          NAYES: Feldstein and Hughes

          21b. 2003.0316D (G. CABREROS: (415) 558-6169)

          529 21ST AVENUE - west side between Anza and Balboa Streets, Lot 004 in Assessor's Block 1564 - Request for Discretionary Review of Building Permit Application No. 2002.06.14.9075 proposing to construct a four-story, two-unit building with two parking spaces in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

          Preliminary Recommendation: Take Discretionary Review and approve with modifications.

      (Continued from Regular Meeting of June 19, 2003)

          SPEAKER(S): Same as those listed for Item 21a.

          ACTION: Take Discretionary Review and Approve with the following amendments:

              • Provide a matching light well at the northern side property line. The parapet at the lightwell shall be reduced to allow additional light and air access.

              • Provide a side setback/notch at the southwest corner of the project at the second floor. The rear wall of the proposed building would align with the rear wall of the Requestor's building, and the side wall would align with the proposed "pop-out" structure.

              • The double-height entry pattern shall be addressed through architectural detailing of the building's front facade.

              • The basement and ground floor levels of the project shall be internally connected to the dwelling unit directly above the ground floor.

              • A tandem parking space shall be added within the garage, which would provide parking for three cars (only two spaces are required to be independently accessible).

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

          22. 2002.1268D (G. NELSON: (415) 558-6257)

                527 23RD AVENUE - west side between Anza and Balboa Streets; Lot 007 in Assessor's Block 1566 - Request for Discretionary Review of Building Permit Application No. 2002.09.05.5649, proposing to construct a two-story horizontal addition at the rear of the single-family dwelling, a new third floor and a partial fourth floor in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. The proposal would create a second dwelling unit and a second off-street parking space.

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

                (Continued from Regular Meeting of June 12, 2003)

          SPEAKER(S): None

          ACTION: Without hearing, item continued to July 31, 2003

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

          23. 2003.0389D (T. WANG: (415) 558-6335)

          111 LOBOS STREET - south side between Capitol and Plymouth Avenues; Lot 047 in Assessor's Block 7104 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2002.07.15.1446, proposing to demolish an existing two-story, single-family dwelling (the project also proposes to subdivide the existing lot into two separate lots and construct a new two-story, single-family dwelling on each of the two lots) 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 demolition.

          SPEAKER(S): None

          ACTION: Without hearing, item continued to July 31, 2003

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

          24. 2003.0471D (D. JONES: (415) 558-6477)

          764 PACHECO STREET - east side between Aerial Way and 12th Avenue, Lot 14 in Assessor's Block 2123A - Request for Discretionary Review of Building Permit Application No. 2003/02/18/7720, proposing to construct a two-story, rear horizontal extension to the existing two-story, single-family residence. The subject property is in an RH-1 (Residential, House, Single Family) District and a 40-X Height and Bulk District.

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

          SPEAKER(S): None

          ACTION: Without hearing, item continued to July 31, 2003

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

H. PUBLIC COMMENT

      At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting with one exception. When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Commission has closed the public hearing, your opportunity to address the Commission must be exercised during the Public Comment portion of the Calendar. Each member of the public may address the Commission for up to three minutes.

      The Brown Act forbids a commission from taking action or discussing any item not appearing on the posted agenda, including those items raised at public comment. In response to public comment, the commission is limited to:

      (1) responding to statements made or questions posed by members of the public; or

      (2) requesting staff to report back on a matter at a subsequent meeting; or

      (3) directing staff to place the item on a future agenda. (Government Code Section 54954.2(a))

      None

Adjournment: 11:44 p.m.

      THESE MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, SEPTEMBER 4, 2003.

      SPEAKERS: None

      ACTION: Approved

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

Last updated: 11/17/2009 10:00:06 PM