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June 26, 2003

June 26, 2003

SAN FRANCISCO
PLANNING COMMISSION

Meeting Minutes

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

Thursday, June 26, 2003
1:30 PM

Regular Meeting

COMMISSIONERS PRESENT: Michael J. Antonini, Edgar E. Boyd, Kevin Hughes, Sue Lee

COMMISSIONERS ABSENT: Shelley Bradford Bell, Lisa Feldstein, William L. Lee

THE MEETING WAS CALLED TO ORDER BY VICE PRESIDENT ANTONINI AT 2:50 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; Patricia Gerber - 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. 2002.0418T (P. LORD: (415) 558-6311)

              SECONDARY UNIT LEGISLATION - Consideration of an Ordinance amending the San Francisco Planning Code by repealing Section 207.2 [Second Unit] in its entirety, adding new Section 207.2 and amending Section 209.1 to authorize one additional secondary unit limited to 750 square feet of gross floor area on a lot within 1250 feet of a Primary Transit Street or Transit Center and also within 1250 feet of a Neighborhood Commercial or Commercial zoning district, and constructed for the elderly or persons with physical disabilities and to prohibit the owner from legalizing an illegal unit pursuant to the provisions of this ordinance; by amending Sections 135(d), Table 151 of Section 151 and 307(g) to establish the amount of open space; and adopting findings.

              Preliminary Recommendation: Approval with Modifications

        (Continued from Regular Meeting of May 22, 2003)

        (Proposed for Continuance to July 10, 2003)

        SPEAKER(S):

        Judy Berkowitz

        - She would like to have this item continued later than July 10, 2003.

        - There is a scheduled hearing on the appeal of the exemption of the EIR before the Board of Supervisors on July 15, 2003.

        - She suggested continuing this to after Labor Day.

        Marilyn Amini

        - She would like to have this item continued to after Labor Day as well.

        - She asked that the Planning Department consult with the City Attorney regarding zoning.

        Jeff Hagen - Francisco Heights Residents Association

        - He would like to have this item continued to after Labor Day.

        - He just found out about this legislation.

        - Anything this broad should be given due process for consideration and comment.

        Libby Benedict - Francisco Heights Residents Association

        - She would like to have this item continued to after Labor Day.

        - There are other associations that would like to take part in this.

        - They would like to have more time to find out about this legislation.

        Richard Warner - Jordan Park Improvement Association

        - He is asking for a continuance so that the legislation goes through due process.

        Joe O'Donaghue

        - He supports the continuance to after Labor Day.

        - There are various units waiting on this legislation.

        - There is no need to rush this legislation.

        - If everything is coming all at one time, it just gets continued and continued.

        ACTION: Without hearing, item continued to July 24, 2003.

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford Bell, Feldstein, W. Lee

        2. 2002.1021C (G. CABREROS: (415) 558-6169)

        2525 CALIFORNIA STREET - south side, between Steiner and Pierce Streets, Lot 032 in Assessor's Block 0655 - Request for Conditional Use Authorization under Planning Code Section 718.11 for a development with a lot size exceeding 5,000 square feet in area. The proposal is to demolish the existing one-story commercial building and construct a four-story building with up to 16 dwelling units on the three upper stories, up to 4,999 square feet of retail space (Other Retail Sales and Services per Planning Code Section 790.102) on the ground floor, and up to 24 parking spaces in a basement garage, within the Upper Fillmore Neighborhood Commercial District and a 40-X Height and Bulk District.

        Preliminary Recommendation: Pending

        (Proposed for Continuance to July 24, 2003)

        SPEAKER(S): None

        ACTION: Without hearing, item continued to July 24, 2003

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford Bell, Feldstein, W. Lee

        3. 2002.0639D (D. SIDER: (415) 558-6697)

        604 RHODE ISLAND STREET AND 2005-2007 18TH STREET (aka 2001 18TH STREET; aka 602 RHODE ISLAND STREET) - corner of 18th and Rhode Island Streets, Lots 001 and 002 in Assessor's Block 4030 - Mandatory Discretionary Review of Building Permit Application Numbers 2002.05.22.7228 and 2002.05.22.7240, which would demolish a single family home and a two-unit home, respectively. Under proposed conditions, the two adjacent properties would be re-subdivided and a new single family home would be built on the resulting corner parcel while a new two-family home would be built on the resulting 18th Street parcel. Mandatory Discretionary Review is required under Planning Commission policy for projects proposing the demolition of housing. The properties are located in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

        Preliminary Recommendation: Pending

        (Proposed for Continuance to August 21, 2003)

        SPEAKER(S): None

        ACTION: Without hearing, item continued to August 21, 2003

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford Bell, Feldstein, W. Lee

        4. 2002.0207C (R. CRAWFORD: (415) 558-6358)

        5894 - 5898 MISSION STREET - at Huron Street and Sickles Avenue, Assessor's Block 7143 Lot 033 - Request for Conditional Use Authorization under, Planning Code Section 178(c) for enlargement of a gas station with a convenience store open 24 hours a day; and Planning Code Section 229(b) to allow beer and wine sales at a gas station in an NC-2 (Small Scale Neighborhood Commercial District) and a 40-X Height and Bulk District.

        Preliminary Recommendation: Approval with Conditions to not allow beer and wine sales among other things.

        NOTE: On May 22, 2003, following public testimony the Commission closed public hearing and continued this matter to June 26, 2003 in order for project sponsor to: 1) go back and look at site plan more closely as well as placement of storefront; 2) start construction within three years or the conditional use will expire 3) no 24 hour use; 4) no alcohol sales; 5) project sponsor to work with community.

        (Proposed for Continuance to August 28, 2003)

        SPEAKER(S):

        Ken Wickerham

        - He sent a letter to the Planning Commission on June 18, 2003 requesting a continuance because they have been making progress with neighbors and neighborhood groups.

        - There is a possibility of not selling beer and wine.

        Peter Tobin

        - There have been new designs regarding this project. When they were to present this to a few people, he was surprised to see about 53 people.

        - They want to do the project right.

        Raymond Rivera

        - He lives adjacent to the property.

        - The project representatives are not doing what they were asked to do, which is to meet with the community.

        - They are just asking the project sponsors to do things that will be good for the neighborhood.

        - He urges the Commission to deny this project.

        Alex Murillo

        - He lives on Huron Street.

        - If they were officially under oath, the project representatives would be committing perjury.

        - The project representatives were invited to a community meeting but just walked out.

        - It is important for the project representatives to meet with everyone involved in the community not just a select few.

        - He has been trying to change a few conditions of the project, but the project sponsor is not in agreement with any of the conditions the community wants.

        Steven Currier - Outer Mission Residents Association

        - He is very disappointed and feels abused since many of the conditions the Commission asked for have not been dealt with.

        - He has a very bad feeling about this project because he has not seen the new plans. The project sponsors have not been very honest.

        ACTION: Without hearing, item continued to August 28, 2003

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford Bell, Feldstein, W. Lee

        5. 2002.1255C (M. SMITH: (415) 558-6322)

        2087-2089 MARKET STREET - southeast corner of 15th and Market Streets, Lot 137 in Assessor's Block 3558- Request by Verizon Wireless for Conditional Use Authorization under Planning Code Section 721.83 to install (12) antennas on the rooftop and five associated equipment cabinets within the storage room of a mixed-use building located in the Upper Market Street Neighborhood Commercial District and 50-X Height and Bulk District. Per the City & County of San Francisco's Wireless Telecommunications Services (WTS) Facilities Siting Guidelines the proposal is a Limited Location Preference 6 site as it is a building within an Individual Neighborhood Commercial District.

      Preliminary Recommendation: Pending

        (Proposed for Indefinite Continuance)

        SPEAKER(S): None

        ACTION: Continued Indefinitely

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford Bell, Feldstein, W. Lee

B. COMMISSIONERS' QUESTIONS AND MATTERS

        6. Commission Comments/Questions

        None

C. DIRECTOR'S REPORT

        7. Director's Announcements

        - His inability to be at the Commission hearing was because he was at a Budget hearing.

        - Recommendations from the Budget Analyst:

          1. Three existing vacant Planner II positions be deleted from the budget.

          - He will be opposing this because there is still a lot of work to do.

          2. The deletion of an existing Planner V, Chief of Information Services position.

          - He will be opposing this recommendation as well.

          3. Elimination of one senior clerk typist

          - This position is vacant so he will not oppose this elimination.

          4. The elimination of a vacant Senior Management position.

          - He will not oppose this recommendation.

          5. Not have any funding for new equipment.

          6.- Three Planner IV-Environmental positions be reduced to Planner III environmental.

                - He will oppose this recommendation. He believes that civil service does not allow this type of action.

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

        BOS -

        In addition to the budget proceedings at the Board, the following occurred:

        Board of Supervisors Hearing of June 24, 2003:

        O'Shaughnessy Dam Negative Declaration Appeal:

        The Board unanimously upheld the Commission's certification of the Negative Declaration appeal, but only after they adopted a resolution sponsored by Supervisor Ammiano and agreed to by the PUC to specify that the project correspond to that which was analyzed by the Negative Declaration and no more. This effectively restricts the PUC from discharging any additional water from the dam beyond what was analyzed in our Negative Declaration.

        Other appeals were continued until July 22:

        1) 40-50 Lansing Street: CU appeal of the 82-unit residential project at 40-50 Lansing St. The appeal has been filed by 5 members of the Board of Supervisors.

        2) 3725 Buchanan Street: CU appeal of your May 1 decision to authorize a total of 8 Verizon Wireless antennas on 3725 Buchanan that was filed by 20% of surrounding property owners.

        New Appeals filed:

        19th Street PG&E Transformer: CU appeal by the appellant, Mr. Todd Curtis, on behalf of the neighborhood group, the Lexington, San Carlos Neighborhood Coalition. There had been a question as to whether the 20% signatures were valid and sufficient, but the discrepancies have now been clarified and the matter has qualified for an appeal hearing. This has also been scheduled for July 22, 2003.

        270-284 Valencia Street: This is a project to demolish a one-story former car repair shop structure and construct a four-story, 28 units residential building over 3,533 sf of ground-floor retail and 31 off street parking spaces in the basement. It was subject to a CU for a change of use per Mission District Interim Controls. The CU was approved unanimously by this Commission on May 16, 2003, and it had generated no substantial opposition. The appeal has been filed by a next door neighbor of the project and qualified for an appeal with the signature of 5 members of the Board. (Daly, Gonzalez, Maxwell, Ammiano, Dufty), it is scheduled for July 15, 2003 with an addition to the appeal on the secondary unit environmental exemption.

        BOA -

        Re: Lingba Lounge - 18th Street

        - When this came before the Commission, your decision was to take Discretionary Review and amend the hours of operation. You approved: Sunday through Thursday, to 12:00 a.m., and Friday and Saturday, to 1:00 a.m. This came before the BOA in order to get the hours of operation lengthened. The BOA overturned the Commission's decision and decided on the following hours of operation: Sunday through Wednesday to 10:30 p.m., and Thursday to Saturday to 1:00 a.m.

        9. Discuss the scheduling of a Public Hearing on the draft Housing Element

        SPEAKER(S):

        Richard Warner - President of the Jordan Park Improvement Association

        - He would like to have this item continued to after Labor Day.

        Libby Benedict - Francisco Heights Improvement Association

        - Continue this item until after Labor Day.

        - They are planning to have a town hall meeting in two weeks.

        Jeff Hagen

        - Continue this item until after Labor Day so that everyone can be properly informed.

        - It is hard to understand what the affects will be.

        - Many people have not been informed about this.

        - It is only fair to everyone to give time until after the summer for a full understanding.

        Judy Berkowitz - Coalition for San Francisco Neighborhoods

        - There is not much time after Commissioner's comments to have a hearing on this.

        Marilyn Amini

        - She recommends that this item be heard after Labor Day. This will demand rezoning all over the City.

        - The individual Commissioner's comments should be made available immediately.

        Sue Hestor

        - The room and date of this hearing is unfortunate since the size of the room is too small.

        - Her suggestion is that this item be heard on July 31, 2003.

        - This hearing is not the final one. There will still be other hearings on this issue.

        Commission Secretary commented:

        The language on the calendar does not allow a Commission action. From the comments of the Commission, the Chair will direct staff on how to proceed with the dates mentioned.

        ACTION: No Action Required. Chair recommended to hold a hearing on the Housing Element on July 21, 2003 beginning at 3:00 p.m.

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: 2068 2070 Mission Street

        Judy Berkowitz

        - She had to leave the hearing when this item was heard.

        - There are many neighborhood groups as well as individuals who are against this project.

        - She urges the Commission to vote against this project at this location.

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

        10. 2003.0166C (J. PURVIS: (415) 558-6354)

              2068-2070 MISSION STREET - west side between 16th and 17th Streets; Lot 013 in Assessor's Block 3569 - Request for Conditional Use Authorization under Planning Code Sections 712.54 and 790.60, to establish a massage use as part of a personal service use on the second floor of a two-story building, within an NC-3 (Moderate-Scale Neighborhood Commercial) Use District, a 80-B Height and Bulk District, and within the Mission District Interim Controls Area.

        (Continued from Regular Meeting of June 12, 2003)

        NOTE: On June 12, 2003, following public testimony, the Commission closed public hearing. The Commission passed a motion of intent to approve by a vote +5-1. Commissioner Antonini voted no. Commissioner Hughes was absent. Final Language June 26, 2003.

        SPEAKER(S): None

        ACTION: Approved with the following amendments: add language in Condition No. 5 stating: ...should implementation of this result in complaints by the neighborhood residents, or a formal investigation by the permit division of the Police Department...

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford Bell, Feldstein, W. Lee

        MOTION NO. 16603

F. REGULAR CALENDAR

        11. 2002.0809E (R. AHMADI: (415) 558-5966)

        340-370 VALENCIA STREET - VALENCIA GARDENS HOPE VI PUBLIC HOUSING PROJECT - Certification of the Final Environmental Impact Report (FEIR): Assessor's Block 3546, Lot 2 is approximately five acres and is located at 340-370 Valencia Street on the block bounded by Valencia, Guerrero, 14th, and 15th Streets in the Mission District of San Francisco. The proposed project would be the demolition of the existing Valencia Gardens public housing project which was found to be an historical resource, including 22 three-story residential buildings containing 246 rental units and 82 surface parking spaces and replacement construction of new public housing. The new construction would consist of 15 three-story buildings and two four-story buildings containing 290 residential units, a community center; a childcare center; a computer learning center; an outdoor child play space and other semi-public community open space; and 286 surface parking spaces. The proposed project would require Conditional Use authorization from the Planning Commission to determine qualification as a Planned Unit Development (PUD) under Section 304 of the City Planning Code.

        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): None

        ACTION: EIR Certified

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford Bell, Feldstein, W. Lee

        MOTION: 16604

        12. 2002.0809C (J. PURVIS: (415) 558-6354)

        340-370 VALENCIA STREET - west side between 14th and 15th Streets, a through lot with frontage on Guerrero Street; Lot 002 in Assessor's Block 3546 - Request for Conditional Use approval under Planning Code Sections 209.3(f), 209.4(a), and 304 to demolish the 22-building Valencia Gardens housing development and replace it with a new Planned Unit Development (PUD) with 260 dwelling units, a childcare facility, community center, and 87 on-site parking spaces; with exceptions from rear yard requirements of Section 134, parking requirements of Section 151, and freight loading requirements of Section 154; within an RM-1 (Residential, Mixed, Low-Density) Use District, a 40-X and 50-X Height and Bulk District, and within the Mission District Interim Controls Area.

              Preliminary Recommendation: Approval with Conditions

        SPEAKER(S):

        (+) Lisa Began - Mission Housing Corporation

        - They have been working with the Valencia Gardens' tenants.

        - The current structure is dilapidated and unsafe.

        - There will be 260 apartments, and they will be much larger than the current units.

        - The families, which will be allowed to return, will enjoy childcare and a computer-learning center.

        - All the units will be affordable.

        - There will be units for extremely low and low-income residents.

        - Mission Housing is a community-based, non-profit developer.

        (+) Barbara Smith - San Francisco Housing Authority

        - This has taken a long time but she is glad that it is finally before the Commission.

        - There has been a very lengthy planning process on this project.

        - Relocation of the current tenants will have a relocation plan. Residents will be offered their choice of housing. There are some voluntary relocations that were offered full relocation benefits.

        - Most of the households, which are still at the current structure, are just waiting for their units to be completed.

        (+) Ana Ortiz - Valencia Gardens Residents Council

        - All the residents have been involved in the meeting and the planning process.

        - It is about time that this project gets approved.

        (+) Fred Pollack - Project Architect - Van Meter, Williams, Pollack Architects

        - He gave a PowerPoint presentation on the architectural aspects of the project.

        (+/-) Judy Berkowitz

        - She was very disappointed that there is no off-street parking. She is not sure why not.

        - She would like to see this project but with off-street parking.

        ACTION: Approved with Conditions as proposed

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford Bell, Feldstein, W. Lee

        MOTION: 16605

        13. 2000.1073E (B. HELBER: (415) 558-5968)

        201 FOLSOM STREET - Certification of Final Environmental Impact Report (FEIR) - The rezoning of parcels in the Rincon Hill neighborhood (the "rezoning project") and a residential development of approximately 1,500,000 gross square feet (gsf) at 201 Folsom Street (the "development" project). The property is currently used as a paved parking lot by the United States Postal Service (USPS) Annex and other government agencies for 270 vehicles. The rezoning project includes rezoning part of Lot 1 in Assessor's Block 3746 and Lots 1 and 8 in Assessor's Block 3745 from the existing P (Public) to a zoning district that allows private development. The requested rezoning is from P (Public) with height limits of 150 and 200 feet to RC-4 (Residential-Commercial Combined: High-Density) with a 300- and 400-foot height limit. In addition, a Planning Code text amendment is requested to create a new Residential/Commercial sub-district under the Rincon Hill Special Use District overlay, and amendments to the Rincon Hill Area Plan, a part of the San Francisco General Plan. The request for rezoning has been made in conjunction with development proposed at 300 Spear Street on Assessor's Block 3745, Lot 1, that would be a part of the rezoned area. The third parcel requested to be rezoned is 345 Main Street, Lot 8 in Assessor's Block 3745, the remaining privately owned lot in the existing P district. The development portion of the project would consist of up to 725 residential units (about 825,000 gsf) and about 38,000 gsf of retail space. It would include about 753 enclosed parking spaces and four loading spaces for the use of the development, and about 272 enclosed replacement parking spaces for the use of the USPS and other government agencies. An 80-foot-tall building base would cover the site. Two residential towers would rise above the building base to total heights of approximately 350 feet and 400 feet above the ground level. The project would require a subdivision of Lot 1 to separate the development site from the Postal Service Annex.

        Preliminary Recommendation: Certify the EIR as a Final EIR. Please note that the public review period for the Draft EIR ended at 5 pm, December 2, 2002.

        (Continued from Regular Meeting of June 19, 2003)

        SPEAKER(S):

        Andrew Junius - Reuben and Alter

        - He is representing Tishman Speyer.

        - He requested a continuance because there is not a full Commission.

        ACTION: Without hearing, item continued to July 24, 2003.

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford Bell, Feldstein, W. Lee

        14. 2000.1090E (B. HELBER: (415) 558-5968)

        300 SPEAR STREET - Certification of Final Environmental Impact Report (FEIR) -The project includes rezoning of parcels in the Rincon Hill neighborhood (the "rezoning project") and a mixed-use development of approximately 1,560,000 gross square feet (gsf) at 300 Spear Street (the "development project"). The property is currently used as a paved parking lot for 290 vehicles. The property was formerly owned by Caltrans and under lease to Golden Gate Transit for daytime commuter bus layovers. Golden Gate Transit buses were relocated a few blocks away in 2000. The rezoning project includes rezoning Lots 1 and 8 in Assessor's Block 3745, and part of Lot 1 in Assessor's Block 3746 from the existing P (Public) to a zoning district that allows private development. The requested rezoning is from P (Public) with height limits of 105, 150 and 200 feet to RC-4 (Residential-Commercial Combined: High Density) with 300- and 400-foot height limits. In addition, a Planning Code text amendment is requested to create a new Residential/Commercial subdistrict under the Rincon Hill Special Use District overlay, and amendments to the Rincon Hill Area Plan, a part of the San Francisco General Plan. The request for rezoning has been made in conjunction with the proposed development at 201 Folsom Street on Assessor's Block 3746, Lot 1, that would be a part of the rezoned area. The third parcel requested to be rezoned is 345 Main Street, Lot 8 in Assessor's Block 3745, the remaining privately owned lot in the existing P district. The development portion of the project would consist of up to 820 residential units, about 36,000 gsf of retail and about 890 underground parking spaces. Two 80-foot-tall building bases would be built to the property lines on Spear, Folsom and Main Streets; the building bases would surround a landscaped courtyard beginning at the courtyard (third) level. Two residential towers would rise above the building bases to total heights of approximately 350 feet and 400 feet above the ground level, respectively.

        Preliminary Recommendation: Certify the EIR as a Final EIR. Please note that the public review period for the Draft EIR ended at 5 pm, December 2, 2002.

              (Continued from Regular Meeting of June 19, 2003)

        SPEAKER(S):

        Tim Tosta - Steffel, Levitt and Weiss

        - He would like to have this item continued because there is not a full Commission.

        ACTION: Without hearing, item continued to July 24, 2003.

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford Bell, Feldstein, W. Lee

        15a. 2000.1326MZT (M. SNYDER: (415) 558-6891)

        300 SPEAR STREET, 160 HARRISON STREET (aka 365 MAIN STREET), AND 201 FOLSOM STREET (aka 314-390 MAIN STREET) - the northern half of the block bounded by Folsom, Spear Street, Harrison Street, and Main Street, Lot 1 in Assessor's Block 3745; the northeast corner of Harrison Street and Main Street, Lot 8 in Assessor's Block 3745; and the northern half of the block bounded by Harrison Street, Beale Street, Folsom Street, and Main Street, the northern half of Lot 1 in Assessor's Block 3746, respectively -- Zoning Reclassification of Property, Planning Code Text Change, and General Plan Amendments sought. The applicants have requested approvals for: (1) the reclassification of these properties from P (Public) to RC-4 (Residential-Commercial Combined, High Density), Districts and the establishment of a "Residential/Commercial Sub-district" within the Rincon Hill Special Use District under Section 249.1 of the Planning Code, pursuant to Section 302 of the Planning Code; (2) the adoption of amendments to the Rincon Hill Area Plan (part of the General Plan) pursuant to Section 340 of the Planning Code; (3) the adoption of modifications to the existing height and bulk limits, including increasing the current height limits from 200-feet, 150-feet and 105 feet to 400 feet for 201 Folsom Street and 300 Spear Street; and from 105 feet to 300 feet for 160 Harrison Street; and (4) the adoption of text change amendments to the Planning Code and General Plan that would change the requirements for density, use, usable open space, parking, parking location, street frontage , site coverage, tower separation and dwelling unit exposure, and other matters at the subject sites.

        Preliminary Recommendation: Adopt a Resolution Recommending to the Board of Supervisor's Approval of the Proposed Text, Map and General Plan Changes.

        (Continued from Regular Meeting of June 19, 2003)

        SPEAKER(S): Same as those listed for items 13 and 14.

        ACTION: Without hearing, item continued to July 24, 2003.

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford Bell, Feldstein, W. Lee

        15b. 2000.1073C (M. SNYDER: (415) 558-6891)

        201 FOLSOM STREET (aka 314-390 MAIN STREET) - the northern half of the block bounded by Folsom Street to the north, Main Street to the east, Harrison Street to the south, and Beale Street to the west, Lot 1 in Assessor's Block 3746 - Request for conditional use authorization pursuant to Planning Code Sections 303 and 253 to allow construction of a building taller than 40 feet in an R (Residential) District. The proposed Project would consist of up to 820 residential units in about 775,000 gross square feet, about 38,000 gross square feet of retail space, and up to 845 off-street parking spaces for the residential and retail uses and up to 272 replacement parking spaces for United States Postal Service. The project would include two towers that would be approximately 400 and 350-feet tall. The project is currently within a P (Public) District and within 200-R and 150-R Height and Bulk Districts. (A Public Hearing for a Planning Code Text, Map and General Plan Amendments for this site will be considered immediately before this hearing).

    Preliminary Recommendation: Approval with Conditions

        (Continued from Regular Meeting of June 19, 2003)

        SPEAKER(S): Same as those listed for items 13 and 14.

        ACTION: Without hearing, item continued to July 24, 2003.

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford Bell, Feldstein, W. Lee

        15c. 2000.1090C (M. SNYDER: (415) 558-6891)

        300 SPEAR STREET - the northern half of the block bounded by Folsom Street to the north, Spear Street to the east, Harrison Street to the south, and Main Street to the west, Lot 1 in Assessor's Block 3745 - Request for (1) conditional use authorization pursuant to Planning Code Section 303 and 253 to allow construction of a building taller than 40 feet in an R (Residential) District; and (2) an exception under Section 271 of the Planning Code to permit the project to exceed the maximum plan length. The proposed project would consist of up to 820 residential units in about 910,000 gross square feet, about 35,000 gross square feet of retail space, and up to 890 underground parking spaces. The Project would include two residential high-rises with overall heights of approximately 400 and 350 feet; and two lower buildings with an overall height of 85 feet. The project is currently within a P (Public) District and within 200-R and 105-R Height and Bulk Districts. (A Public Hearing for a Planning Code Text, Map and General Plan Amendments for this site will be considered immediately before this hearing)

      Preliminary Recommendation: Approval with Conditions

        (Continued from Regular Meeting of June 19, 2003)

        SPEAKER(S): Same as those listed for items 13 and 14.

        ACTION: Without hearing, item continued to July 24, 2003.

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford Bell, Feldstein, W. Lee

        16. 2003.0162C (K. AMDUR: (415) 558-6351)

        1624 CALIFORNIA STREET - north side between Polk Street and Van Ness Avenue; Lot 007 in Assessor's Block 0643 - Request for conditional use authorization pursuant to Planning Code Sections 723.48 and 790.38, for the addition of "Other Entertainment," including DJs and live bands, to the existing bar d.b.a. "Bohemia." No physical expansion of the bar is proposed. The entertainment use would be permitted only on the ground floor of the two-story building. The subject property is located in the Polk Neighborhood Commercial District and a 65-A Height and Bulk District.

        Preliminary Recommendation: Approval with Conditions

        (Continued from Regular Meeting of May 22, 2003)

        SPEAKER(S):

        (+) Paul N. Dubrasich, Esq. - Representing Project Sponsor

        - The project sponsor and neighbors have reached an agreement.

        (+) Andrew Smith - Smith- Brennan Properties, LLC

        - He read a letter stating the agreement between he and the neighbors.

        ACTION: Approved

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford Bell, Feldstein, W. Lee

        MOTION: 16606

        17a. 2003.0586XV (A. LIGHT: (415) 558-6254)

        1 POWELL STREET - west side between Eddy and Ellis Streets, on Hallidie Plaza; Lot 5, in Assessor's Block 330 -- Request under Planning Code Section 309 (Permit Review in C-3 Districts) for a significant revision to an approved application (Case No. 2000.1140X) to accommodate a retail store, and to seismically retrofit the existing 138-foot tall, seven-story over basement building containing a ground level retail banking office with office uses on the upper floors. The revised request is for a Determination of Compliance to permit conversion of the office portion of the previously approved project to approximately 44 residential dwelling units within the existing envelope of the building. An exception to the rear yard requirement is requested. Variances are requested for Usable Open Space for Dwelling Units, Dwelling Unit Exposure requirements and Off-Street Parking requirements. The revised project would provide no off-street parking where 11 are required. The request for variances will be considered by the Zoning Administrator at the same Planning Commission hearing on June 19, 2003.

        (Continued from Regular Meeting of June 19, 2003)

        SPEAKER(S):

        (+) Christopher Meaney - Wilson Meaney Sullivan

        - They have had the privilege of restoring historic buildings and will be able to restore the building at this location.

        There is a potential to strengthen the area because the bank will remain. They will add retail plus add to the housing stock.

        - He is available for questions.

        (+) Sue Hestor

        - This is a great project and a great solution.

        - It is a good idea to keep the bank.

        - It would be a good idea to consider projects in a nexus study.

        ACTION: Approved

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford Bell, Felstein, W. Lee

        MOTION: 16607

        17b. 2003.0586XV (A. LIGHT: (415) 558-6254)

        1 POWELL STREET - west side between Eddy and Ellis Streets, Lot 5, in Assessor's Block 330 - Request for a variance from the Usable Open Space requirements for Dwelling Units, a variance from the Dwelling Unit Exposure requirements, and a variance from residential Off-Street Parking requirements. The proposed project is for a significant revision to an approved application (Case No. 2000.1140X) to accommodate a retail store, and to seismically retrofit the existing approximately 135-foot tall, seven-story over basement Category I building containing a ground level retail banking office with office uses on the upper floors. The office space is to be converted to approximately 44 dwelling units. The proposed project would provide no off-street parking where 11 are required. The project is located in a C-3-R (Downtown, Retail) zoning district, the Kearny-Market-Mason-Sutter Conservation District, and a 110-X height and bulk district.

        (Continued from Regular Meeting of June 19, 2003)

        SPEAKER (S): Same as those listed for item 17a.

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

G. DISCRETIONARY REVIEW HEARING

      At approximately 5:40 PM the Planning Commission convened into a Discretionary Review (DR) Hearing to hear and act on Discretionary Review matters.

        18a. 2002.1295DD (R. CRAWFORD: (415) 558-6358)

        567 SANCHEZ STREET - east side between 19th and Hancock Streets. Assessor's Block 3585 Lot 032 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2002.07.31.2751 and a Mandatory Discretionary Review under the Planning Commission's Policy requiring review of demolitions, proposing to demolish an existing one story single-family dwelling in an RH-3 (Residential House, 3 Family) District, and a 40-X Height and Bulk District.

        Preliminary Recommendation: Do Not Take Discretionary Review and Approve the Permit.

        (Continued from Regular Meeting of May 22, 2003)

        SPEAKER (S):

        (-) Joseph Butler - Representing all five Discretionary Review Requestors

        - There has been a settlement that was accepted by the project sponsor.

        - He requested that the Commission take Discretionary Review to make the settlement agreement modifications part of the project.

        - He displayed graphics of the issues that formed the settlement.

        (-) David Cincotta - Representing Project Sponsor

        - The Project Sponsor does concur with this agreement.

        - He thanked the Planning Department for advising them of this settlement.

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

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford Bell, Feldstein, W. Lee

        18b. 2002.1297DDDDD (R. CRAWFORD: (415) 558-6358)

        567 SANCHEZ STREET - east side between 19th and Hancock Streets. Assessor's Block 3585 Lot 032 - Request for Discretionary Review of Building Permit Application No. 2002.07.31.2759, to construct a new 4 story (three over garage) one family dwelling in an RH-3 (Residential House, 3 Family) District, and a 40-X Height and Bulk District.

        Preliminary Recommendation: Take Discretionary Review and Approve the Project with Modifications.

        (Continued from Regular Meeting of May 22, 2003)

        SPEAKER (S): Same as those listed for item 18a.

        ACTION: Took Discretionary Review and approved the project subject to the condition that the permit reflect the new agreed upon plans.

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford Bell, Feldstein, W. Lee

        19a. 2003.0458D (G. CABREROS: (415) 558-6169)

        463 - 26TH AVENUE - west side between Geary Boulevard and Clement Street, Lot 013 in Assessor's Block 1458 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of all residential demolitions, of Demolition Permit Application No. 9714256 proposing to demolish a one-story, single-family residence in an RM-1 (Residential, Mixed, Low Density) District with a 40-X Height and Bulk District. Construction of a four-story building with 18 senior housing units and four parking spaces is also proposed on Lots 013, 014 and 015 under a separate permit.

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

        SPEAKER (S)

        (-) Ok Soon Key - Discretionary Review Requestor

        - She requested that the proposed building not be tall.

        - The proposed building will block all the sunlight to her house.

        - There is a problem with parking in the area already.

        - The Planning Department should have sent information, but she just received it yesterday.

        - There are other people who wanted to come to the hearing but were unable to come because of the short notice.

        (-) Patrick Key

        - She read a letter from Ms. Del Carlo of the 400 Committee who is opposed to the demolition and proposed project.

        (+) Shawn Gordon - Project Architect

        - The Discretionary Review requestor states that with the proposed construction, her views will be blocked--but the Planning Department does not protect views.

        - This project will not have a negative impact on the DR requestor's property in regards to sunlight.

        - Senior housing is desperately needed in the City.

        - This project meets all the criteria and will allow seniors to remain in their community.

        - This project meets all the code requirements.

        (+) Nicolas Hidechenko

        - He and his wife have lived in San Francisco for 47 years.

        - They are members of the parish.

        - His mother lives by herself and this project would provide the adequate housing for his mother and allow her to remain in the parish.

        - Senior housing in this location is very much needed by the parish.

        (+) Nicolas Loukianoff - Holy Virgin Community

        - He is the project manager of the parish.

        - The community will own the project.

        - Over 100 people who wish to be located at this new project have contacted him.

        - Funding for this project comes from private organizations.

        (+) Michael Klestoff - Russian Center

        - Many of the members are up in their years and there are not many alternatives for them.

        - He hopes that the Commission will help get very much needed housing.

        (+) Myra Troyan

        - They provide services to many documented senior citizens

        - They are ready to provide legal, social and community services to the residents.

        (+) Michael Wen

        - He has lived in San Francisco for many years.

        - Senior housing is very much needed and his father would greatly appreciate it.

        - There are a lot of amenities near by as well as parking.

        (+) Tamara Kotar

        - She belongs to the Russian community.

        - It is important for this project to be approved.

        (+) Linda Tern - Russian-American Community Services

        - It is important for lonely seniors to be involved in their community.

        - Most seniors do not drive so they provide transportation to church.

        - The location of this project is very good because it is close to the church, transportation and amenities.

        (+) Stan Koloboff

        - He belongs to a senior organization located on Geary Street.

        - There is a need for senior housing in the area and urges the Commission to approve the project.

        (+) Alexander Idome

        - He is a member of the Russian/American community.

        - The Discretionary Review requestor's building is on the east side of the street, so it will not give him any shadows.

        - He hopes that the Commission will approve the project.

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

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford-Bell, Feldstein, W. Lee

        19b. 2003.0460D (G. CABREROS: (415) 558-6169)

        469 - 26TH AVENUE - west side between Geary Boulevard and Clement Street, Lot 014 in Assessor's Block 1458 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of all residential demolitions, of Demolition Permit Application No. 9714258 proposing to demolish a two-story, single-family residence in an RM-1 (Residential, Mixed, Low Density) District with a 40-X Height and Bulk District. Construction of a four-story building with 18 senior housing units and four parking spaces is also proposed on Lots 013, 014 and 015 under a separate permit.

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

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

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

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford-Bell, Feldstein, W. Lee

        19c. 2003.0459D (G. CABREROS: (415) 558-6169)

        471-473 - 26TH AVENUE - west side between Geary Boulevard and Clement Street, Lot 015 in Assessor's Block 1458 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of all residential demolitions, of Demolition Permit Application No. 9714257 proposing to demolish a two-story, two-family residence in an RM-1 (Residential, Mixed, Low Density) District with a 40-X Height and Bulk District. Construction of a four-story building with 18 senior housing units and four parking spaces is also proposed on Lots 013, 014 and 015 under a separate permit.

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

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

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

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford-Bell, Feldstein, W. Lee

        19d. 2003.0512D (G. CABREROS: (415) 558-6169)

        463-473 26TH AVENUE - west side between Geary Boulevard and Clement Street, Lots 013, 014, 015 in Assessor's Block 1458 - Request for Discretionary Review of Building Permit Application No. 9714255 proposing to construct a four-story building with 18 senior housing units and four parking spaces in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District.

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

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

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

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford-Bell, Feldstein, W. Lee

        20. 2003.0234D (G. CABREROS: (415) 558-6169)

        156 - 12TH AVENUE - east side between California and Lake Streets, Lot 030 in Assessor's Block 1371 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of all residential demolitions, of Demolition Permit Application No. 2002.10.15.9004 proposing to demolish a three-story, single-family residence in an RH-2 (Residential, House, Two-Family) District with 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.

        SPEAKER (S):

        (+) Jim Ruben - Representing Project Sponsor

        - Staff is correct, there is no opposition to this project.

        - Neighbors are glad to see the homes come down.

        - He would like to proceed with demolition.

        (+) (name unclear)

        - His issues relate to the fact that there are three homes on the same block that have recently been sold. He wonders if they are from the same owner.

        - The subject property will be loosing light and air if there is a new adjacent construction.

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

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford-Bell, Feldstein, W. Lee

        21. 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.

        SPEAKER (S):

        Re: Continuance

        (+) Jeremy Paul

        - He is in favor of continuing this item, and if possible, giving it full consideration of placing if at the beginning of the Discretionary Review calendar.

        -

        ACTION: Without hearing, item continued to July 10, 2003.

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford-Bell, Feldstein, W. Lee

        22a. 2002.1171DV (M. WOODS: (415) 558-6315)

              2312 WEBSTER STREET - east side between Washington and Jackson Streets; Lot 22 in Assessor's Block 604 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of all dwelling unit mergers, of Building Permit Application No. 2002.09.04.5572S, proposing to reconfigure the existing two-unit building to a single-family configuration with a new small auxiliary unit at the garage level in an RH-2 (Residential, House, Two-Family) District and 40-X Height and Bulk District.

              Preliminary Recommendation: Take Discretionary Review and disapprove the proposed reconfiguration of units.

              (Continued from Regular Meeting of June 12, 2003)

        SPEAKER (S):

        (+) Lou Blazej - Representing Project Sponsor

        - He displayed a photo of the current home and the proposed project.

        - He also displayed maps of the interior of the proposed home.

        - This project will restore a home to its original single-family configuration.

        (+) Joe O'Donoghue - Residential Builders

        - It is important to maintain facades as much as possible.

        - Mergers are not approved yet; this home was originally a single-family home.

        - Family housing will be taken away if this project is not approved.

        - This project should be approved because it will allow a large family to live there.

        - Policies seem to be contradictories.

        - There is no inconsistency if this project is approved.

        -

        ACTION: Hearing held and public hearing closed. Item continued to July 17, 2003.

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford-Bell, Feldstein, W. Lee

        22b. 2002.1171DV (M. WOODS: (415) 558-6315)

              2312 WEBSTER STREET - east side between Washington and Jackson Streets; Lot 22 in Assessor's Block 604 - Rear yard and non-complying structure Variances sought: Approximately fifty percent of the rear building wall of the lower two floors of the existing three-story over garage, two-unit building is within one foot of the rear lot line and the existing rear exit stairs are less than two feet from the rear lot line, thus making the building non-complying. The proposal is (1) to expand the garage level such that the entire garage level is within one foot of the rear lot line; (2) to rebuild the rear exit stairs in the southeast corner with one-hour fire rated walls up to the third floor level; and (3) to construct new fire escape stairs in the northeast corner with one-hour fire rated walls at the fourth floor level. The subject property is within an RH-2 (Residential, House, Two-Family) District and 40-X Height and Bulk District.

              (Continued from Regular Meeting of June 12, 2003)

        SPEAKER (S): Same as those listed for item 22a.

        ACTION: Zoning Administrator closed the public hearing and continued this item to July 17, 2003.

        23a. 2003.0346DV (D. DIBARTOLO: (415) 558-6291)

          701 LOMBARD STREET - bounded between Lombard and Mason Streets and Columbus

        Avenue, Lot 001 in Assessor's Block 0074 - Request for Discretionary Review of Building Permit Application No. 2001.12.20.5662S, a proposal to demolish a parking lot and to construct a new four-story, mixed-use building containing nine dwelling units, ground floor retail, and nine off-street parking spaces. The subject property is located in the North Beach Neighborhood Commercial District and a 40-X Height and Bulk District.

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

              (Continued from Regular Meeting of June 12, 2003)

        SPEAKER (S):

        (-) Marc Bruno - Telegraph Hill Dwellers Association

        - The height of this building has been altered because of the Discretionary Review.

        - The proponents of the project, with the consent of the Planning Department, determined that the project should be 1-1/2 feet less.

        - He has been working on this project for almost a year.

        - One of his concerns of having a wall that surrounds the building on the ground floor is that it invites crime and graffiti.

        - He requests that the commercial space on the ground floor be developed.

        - There should be something positive done in the neighborhood.

        - He hopes that the Commission will take Discretionary Review and come to a compromise with the builders.

        (-) Elizabeth Malloy

        - She lives three blocks from the proposed site.

        - There is a library across the street from the proposed project

        - She read a letter from the librarian who is against this project because it will cast shadows.

        - She read another letter from the Executive Director of the Telegraph Hill Dwellers Association who is also not in support of the project.

        (-) Brad Willmore

        - His concern is how this process has developed.

        - He feels that the project sponsor has not been very honest with the neighbors.

        - It is important that when a developer presents a project to a neighborhood, they should be open and honest.

        - There seems to be a discrepancy with the height of the building.

        - He urges the Commission to deny the project in its entirety.

        (-) Mary Joe Ellen - Telegraph Hill Dwellers Association

        - She is a resident of North Beach.

        - She requests that the Commission take Discretionary Review and reduce the height and bulk of the building.

        - The design of the building is not compatible with adjacent buildings.

        (-) Michael Penner

        - This building exceeds the height requirements.

        - One of the major problems with the project is the rush to approve it, therefore not giving the opportunity for public comment.

        - He urges the Commission to re-notice this project.

        (-) Nan G. Roth - Telegraph Hill Dwellers Association

        - This is a very tall and bulky structure.

        - There should be some standards for which to measure this building.

        - She urges the Commission to take Discretionary Review and allow more investigation on this project.

        (-) Fritz Terplan - Telegraph Hill Dwellers Association

        - He remembers when there was a gas station at this location.

        - There seems to be confusion with the height. Either way, it is too large for the neighborhood.

        - The library needs more space, modernization, etc.

        - The library would be able to use the space at the proposed site.

        (-) Jenne Milligan - Telegraph Hill Dwellers Association

        - This project is too bulky, dense, and is not particularly useful for small businesses.

        - There is a need to have a building that will be viewed by thousands of visitors.

        - This is an eyesore because of the bulk and the height.

        (-) (Did not state name)

        - There are hundreds of tourists that go down Columbus Avenue.

        - He would rather see a park at this location.

        - This space, if this is approved, will never come back.

        (-) Song Lee

        - She lives in the neighborhood

        - She feels that the proposed project is too large and out of character.

        - North Beach is grossly underserved for public spaces for children.

        - She would rather have a service that could be used by everyone in the neighborhood.

        (-) (name unclear)

        - He opposed the project.

        - He would rather have open space or a library.

        (-) Paul Scott - President of the Telegraph Hill Dwellers Association

        - This project is too large for the space.

        - It is important to get the architects together and come to a solution.

        - The top level of the structure should be set back and there would be two penthouses.

        - It would help to have more open space in the ground floor for retail.

        (-) Jeffrey Graham - Telegraph Hill Dwellers Association

        - They are concerned with the height and bulk.

        - He is an architect.

        - He displayed a diagram of an alternative structure and the interior of it.

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

        - There are no exceptional or extraordinary circumstances.

        - The lot is on Columbus Street and this street is the widest in the area.

        - The building has a lot of support.

        - The Telegraph Hill Dwellers have had over a year to present him with an alternative design.

        - Forty feet would require four stories and this project is only three stories.

        - This building is code complying and the project sponsor should be allowed to proceed.

        (+) Dave Steinberg - Project Architect

        - He displayed a photograph of the proposed project.

        (+) Supervisor Tony Hall

        - The Board of Supervisors has received a rash of appeals, some without any support and others with the signatures of his colleagues.

        - He hears the arguments on both sides.

        - Comments usually discredit the reputation of the sponsors.

        - This project falls within the regulations. It is a good project.

        (+) Bryan O'Flynn

        - He has a lot of emotional interest in this project.

        - He has done extensive research. It is a relatively small site.

        - There are a lot of people who support the project.

        - There is exaggerated and distorted information.

        (+) Keith Wilson

        - He is a managing partner of a building he owns in North Beach.

        - He has analyzed the plans and visited the site. He has determined that this is a good project and is compatible with the buildings in the area.

        - There are a lot accusations and contradictions within the members of the Telegraph Hill Dwellers Association.

        (+) David Chan

        - He owns property across the street from the proposed site.

        - He is a member of the North Beach Neighbors Association.

        - The project sponsor has given a great presentation on this project.

        - They have been quite honest with him.

        - He urges the Commission to approve this project.

        (+) Sal Busalacahi

        - He lives within 300 feet of the proposed site.

        - He has lived there for 58 years.

        - He is shocked at the pictures the Discretionary Review requestors have displayed.

        - He is also a member of the Telegraph Hill Dwellers Association.

        - He is speaking on behalf of the North Beach Neighbors who have approved the development of this project just as it stands.

        (+) James Lou

        - The Board of Directors of the North Beach Neighbors have looked at this project very closely and has determined that they support this project.

        (+) Kate Murphy O'Flynn

        - She had an office near the project site.

        - She feels that this is a big attraction for housing and aesthetic duty.

        (+) Jim Byrne

        - He is a native San Franciscan and owns property near the area.

        - This project will allow families to live in a very good area.

        - This is a wonderful opportunity for nine families to enjoy.

        (+) Sven Lavime - Sven Lavime Design

        - He did the renderings of the project.

        - He displayed renderings of the project and explained how they took measurements and verified dimensions.

        (+) Bruce Bauman

        - He is in support of this project.

        - This is the 19th month that this project has been in progress, so it has not been rushed through.

        - This is a very complicated project.

        - It is important to not look at the number of stories, but to look at the height.

        (+) Joe O'Donoghue

        - There will be 9 units available here on this transit corridor.

        - The elevator in this project is very important for people to be able to reach the roof.

        - As a transit corridor, the height of the proposed project should not be a problem.

        -

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

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford-Bell, Feldstein, W. Lee

        23b. 2003.0346DV (D. DIBARTOLO: (415) 558-6291)

                  701 LOMBARD STREET - usable open space variance sought. The proposed project is to demolish a parking lot and to construct a new four-story, mixed-use building containing nine dwelling units, ground floor retail, and nine off-street parking spaces. The subject property is located in the North Beach Neighborhood Commercial District and a 40-X Height and Bulk District. The Zoning Administrator will consider a request for a variance from requirements for usable open space.

              (Continued from Regular Meeting of June 12, 2003)

        SPEAKER (S): Same as those listed for item 23a.

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

        24. 2003.0079D (D. DIBARTOLO: (4150 558-6291)

                      1120-1124 CLAY STREET - north side between Taylor and Mason Streets; Lot 033 in Assessor's Block 0213 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of all dwelling unit mergers, of Building Permit Application No. 2002.11.14.1411, proposing to merge two units each on both the first and

        second floors, converting the five-unit building to a three-unit building. The site is in a RM-3 (Residential, Mixed, Medium-Density) District and a 65-A Height and Bulk District.

        Preliminary Recommendation: Take Discretionary Review and disapprove the Permit Application.

        SPEAKER (S):

        (+) Cristine Patterson - Project Sponsor

        - They purchased their home in 1996. Originally, the building was built with three units.

        - There are two units on the lower floor and two units on the middle floor and one unit on the top.

        - The Rent Board gave the approval in 1996 to merge the top two units into one and this has been their home ever since.

        - The property has been in disrepair.

        - There has been a lot of tenant turnover in the units, because the units offer livability for only one or two people. There have been many young married couples renting the units, but whey they had children they had to move because the units are so small.

        - If they were able to merge the units and bring it back to a full floor unit that would accommodate a family or roommates, it would be more convenient for the tenants.

        (+) Michael Parrett

        - He realizes that the Commission has a policy to review all merger cases, but sometimes there are exceptions and this is one of them.

        - The merger would not cause any displacement.

        ACTION: Took Discretionary Review and approved the merger of the first floor units. They delayed the merger of the 2nd floor units until the tenants voluntarily move out.

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford-Bell, Feldstein, W. Lee

        25. 2003.047D (D. SIDER: (415) 558-6697)

        1415-1417 GUERRERO STREET - east side between 26th and Army (Cesar Chavez) Streets, Lot 011B in Assessor's Block 6568 - A Discretionary Review Request of Building Permit Application Number 2001.07.02.2861, a proposal to (1) raise the existing structure by approximately three feet and excavate portions of the site to accommodate a new four-car parking garage at semi-below-grade level and (2) perform interior and exterior alterations including but not limited to the construction of a new rear deck and stairs and an expansion of habitable area in the rear of the structure. The property is within an RH-3 (Residential, House, Three-Family) Zoning District and a 50-X Height and Bulk District.

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

        SPEAKER (S):

        (-) Jennifer Fong - Discretionary Review Requestor

        - Since she filed the Discretionary Review, the project sponsor has revised his plans, but there are still issues that need to be dealt with.

        - There is a street tree that will be affected with this construction.

        - The tree is the major green space on the street.

        - She questioned the health of the new replacement tree.

        - She wants to contest the Planning Department's review of the parking situation caused by the garage.

        - She is concerned that there will be structural damage to her property when the proposed property is raised.

        (+) Lisa Nakajara

        - She has three areas of concerns: 1) safety and an increase in traffic congestion; 2) negative impact on street noise and beautification of the area; 3) direct impact on her building.

        - There are a very large number of cars traveling at high speeds in the area.

        - She would love to see the buildings cleaned up, but she is concerned about the tree that will be lost.

        - She is at home during the day. She is concerned that she will not be able to continue living there because there might be construction damage, and because there is a shared wall with the proposed project.

        (-) Ana Sears

        - She and her husband have lived on Guerrero Street for the last 20 years.

        - They have seen many serious accidents.

        - The garage in their building has been impossible to use. In order to maneuver a vehicle into the garage entrance, which is 6 feet from the corner of Cesar Chavez and only 12 feet wide, the vehicle also has to be perpendicular to the flow of traffic.

        - During commute hours, there are is even a larger number of cars coming around the corner, almost blindly.

        (-) David Jon

        - He has lived on Guerrero Street since 1968.

        - He has worked with the Police Department for 23 years.

        - If this project is built, there will be three parking spots taken away and this will affect the neighbors.

        - The construction will cause an indentation on the sidewalk.

        - There is a senior day program nearby and there are a lot of seniors that come participate. The proposed construction could have a negative effect on them.

        (-) Michelle Gettos

        - She has lived on Guerrero Street for many years.

        - She contests the Planning Department's review on parking.

        - She has a concern of the increased traffic on the street.

        - She hopes that the Commission will disapprove the project.

        (-) Gary Nathan

        - He is concerned that the character of the neighborhood will not be maintained with the proposed project.

        (-) Jorge Morashima

        - There is traffic safety issue with this project.

        - He feels that these issues have extraordinary and exceptional circumstances.

        - The proposed project is a mirror image of the adjacent house, so it will definitely not look good for one to be higher than the other.

        - The loss to the street is one of the beautiful characteristics of the street.

        (+) Simon Quan - Project Architect.

        - The project sponsor was not able to come to the hearing.

        - He explained the architectural aspects of the project.

        - It is very difficult to lift the building and provide parking, but it will add quality to the building.

        - From a construction point of view the building will be reinforced and made safer.

        - To accommodate this construction there will be professional construction and structural companies to do the work.

        - The reason to move the tree is to be able to maneuver cars into the garage.

        -

        ACTION: Took Discretionary Review and disapproved the project.

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford-Bell, Feldstein, W. Lee

        26. 2003.0349D (M. SMITH: (415) 558-6322)

        1212 DOLORES STREET - west side of the street between Clipper and 25th Streets, Lot 006 in Assessor's Block 6550 - Mandatory Discretionary Review, under Planning Commission's policy requiring review of housing demolition, of Demolition Application No. 2002.09.25.7478, proposing to demolish an existing one-story single-family dwelling (the project also proposes the construction of a new three-story over garage, three family dwelling) in a 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

        Demolition.

        SPEAKER (S): None

        ACTION: Without hearing, continued to August 21, 2003

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford-Bell, Feldstein, W. Lee

        27. 2003.0395D (M. LI: (415) 558-6396)

        1441 MONTGOMERY STREET - west side between Filbert and Greenwich Streets, Lot 001C in Assessor's Block 0086 - Request for Discretionary Review of Building Permit Application No. 2002 0927 7630, proposing the installation of a motorized chair lift within 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 proposed

        SPEAKER (S):

        (-) Peter Heinemann - Discretionary Review requestor

        - He holds an easement over the staircase area.

        - The easement covers the entire staircase.

        - The proposed project would cover a large amount of the easement area.

        - The easement does not permit the owner to construct any improvements.

        - He is confused about the City's policy since the permit application itself requires disclosing this information.

        - The better policy is to have the DR granted and maintain the status quo.

        - The owner gave up certain property rights when the easement was given up.

        (-) Tom Whelan

        - He is in support of Mr. Peter Heinemann.

        - Everyone is sympathetic of the problem of walling up the stairs.

        (-) Patricia Shean

        - She is in support of taking Discretionary Review and Mr. Heinemann's comments.

        - This does encroach in a manner that blocks the egress and ingress.

        (+) Julia Baird - Representing Project Sponsor

        - She displayed a diagram of where the other [chair] would be installed.

        - There would not be a lot of space used from the easement.

        - When the chair is not in use, the chair would be on top and tucked away.

        - The Discretionary Review requestors are concerned that there would be large alterations on the easement.

        - The project sponsor has a right to do construction on his property so long as there is no blockage to the egress and ingress.

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

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford-Bell, Feldstein, W. Lee

        28. 2003.0412D (K. McGEE: (415) 558-6367)

              572 SAN JOSE AVENUE - west side between 27th and Duncan Streets, Lot 003 in Assessor's Block 6595 - Request for Discretionary Review of Building Permit Application No. 2002.11.04.0682 proposing to add a horizontal and vertical addition to a duplex and to add two parking spaces. The subject property is located 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 proposed.

              (Continued from Regular Meeting of June 19, 2003)

        SPEAKER (S): None

        ACTION: Without hearing, continued to July 17, 2003

        AYES: Antonini, Boyd, Hughes, S. Lee

        ABSENT: Bradford-Bell, Feldstein, 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: 10:47 p.m.

      THESE MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, SEPTEMBER 25, 2003.

      SPEAKERS: None

      ACTION: Approved

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

      EXCUSED: Bradford Bell, Feldstein

      ABSENT: W. Lee

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