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December 11, 2003

December 11, 2003

SAN FRANCISCO
PLANNING COMMISSION

Meeting Minutes

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

Thursday, December 11, 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 1:45 p.m.

STAFF IN ATTENDANCE: Larry Badiner - Acting Director of Planning; Jim Nixon - Acting Zoning Administrator; Sara Vellve; Kate McGee; Elaine Tope; Dan DiBartolo; Glen Cabreros; Jonathan Purvis; Kelley Amdur; Craig Nikitas; 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. 2002.0376E (N. TURRELL: (415) 558-5904)

        8 WASHINGTON STREET -- Assessor's Blocks and Lots 201/12, 171/69, and 168/58 - Appeal of a Preliminary Mitigated Negative Declaration. The 109,225-square-foot project site is located at 8 Washington Street, between Drumm Street and The Embarcadero, on the edge of the financial district. The proposed project would involve the construction of an eight-story, 84-foot-tall, approximately 283,612-gross-square-foot (gsf), 120-unit, predominantly residential building with a health club facility and parking for 170 vehicles. The existing Golden Gateway Tennis and Swim Club facility would be removed and reconstructed on the northern portion of the project site. Pedestrian and vehicular access to the proposed residential/commercial building would be from Drumm Street. The site is zoned RC-4 (Residential-Commercial Combined, High Density) and is in an 84-E height and bulk district. The project would require Conditional Use authorization for Planned Unit Development, for bulk limit exception, and for parking.

      Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

        (Proposed for Continuance to February 5, 2004)

        SPEAKER(S): None

        ACTION: Without hearing, item continued to February 5, 2004.

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

        2. 2003.0106D (M. WOODS: (415) 558-6315)

        1910-12 STEINER STREET - east side between Wilmot and Bush Streets; Lot 018 in Assessor's Block 0659 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of all dwelling unit mergers, of Building Permit Application No. 2003.06.16.7169, proposing to merge two dwelling units to a single-family residence in an RH-3 (Residential, House, Three-Family) District and 40-X Height and Bulk District.

        Preliminary Recommendation: Take Discretionary Review and disapprove the proposed dwelling unit merger.

        (Proposed for Continuance to February 5, 2004) February 12, 2004

        SPEAKER(S): None

        ACTION: Without hearing, item continued to February 12, 2004.

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

        3. 2003.0183D (G. NELSON: (415) 558-6257)

            2477-2479 SUTTER STREET - south side between Broderick and Divisadero Streets; lot 022 in Assessor's Block 1076 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of all residential demolitions of Demolition Permit Application No. 2002.08.13.3876, proposing the demolition of a two-story, two-family dwelling within an RM-1 (Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District. There is a related proposal to construct a new, four-story, three-family dwelling with three off-street parking spaces.

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

        (Continued from Regular Meeting of November 13, 2003)

        NOTE: On September 25, 2003, following public testimony, the Commission closed the public hearing, and entertained two motions: 1) to take Discretionary Review and disapprove by a vote +3 -3. Commissioners Boyd, Antonini, Bradford-Bell voted no. The motion failed; 2) continued the matter to October 16, 2003 by a vote +6 -0. Commissioner William Lee was absent.

        NOTE: On October 16, 2003, the Commission entertained two motions: 1) To take Discretionary Review and disapprove the demolition, by a vote +3 -3. Commissioners Antonini, Bradford Bell, W. Lee voted no. Commissioner Boyd was absent. The motion failed. 2) Item Continued to November 13, 2003, the Commission requested that a representative from another City Department review the soundness report, by a vote +4 -2. Commissioners Hughes and S. Lee voted no. Commissioner Boyd was absent. Public hearing will have to remain open on at least the requested additional information.

        (Proposed for Continuance to January 22, 2004)

        SPEAKER(S): None

        ACTION: Without hearing, item continued to January 22, 2004.

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

        4a. 2003.0047DV (G. NELSON: (415) 558-6257)

        44 LURMONT TERRACE - a cul-de-sac on the north side of Leavenworth Street between Greenwich and Lombard Streets; Lot 025 in Assessor's Block 0071 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of all residential demolitions, of Demolition Permit Application No. 2003.05.08.4119, proposing the demolition of a three-story, single-family dwelling 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 demolition.

        (Proposed for continuance to January 8, 2004) January 22, 2004

        SPEAKER(S): None

        ACTION: Without hearing, item continued to January 22, 2004.

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

        4b. 2003.0047DV (G. NELSON: (415) 558-6257)

        44 LURMONT TERRACE - a cul-de-sac on the north side of Leavenworth Street between Greenwich and Lombard Streets; Lot 025 in Assessor's Block 0071 - Request for Variance from the rear yard requirements of the Planning Code to construct a single-family dwelling partially into the required rear yard, within an RH-3 (Residential, House, Three-family) District, and a 40-X Height and Bulk District. Section 134 of the Planning Code states that in an RH-3 District, in the case of any lot that abuts along both its side lot lines upon lots with buildings that front on another street or alley, the minimum rear yard depth shall be 25 percent of the total depth of the lot, or 15 feet, whichever is greater. On the approximately 80-foot deep subject lot, this results in a rear yard requirement of 20 feet, with the south side of the lot being considered the rear. The proposed construction would project into the required rear yard by up to 11 feet at the ground (garage) floor level, extending to within 9 feet of the south property line. The application requesting a Variance will be heard by the Zoning Administrator.

        (Proposed for continuance to January 8, 2004) January 22, 2004

        SPEAKER(S): None

        ACTION: Without hearing, item continued to January 22, 2004.

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

        5. 2003.1012D (D. JONES: (415) 558-6477)

        166 29TH STREET - south side of 29th Street between Dolores Street and San Jose Avenue; Lot 017 in Assessor's Block 6671 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of all residential demolitions, of Demolition Permit Application No. 2003.06.04.6254, proposing to demolish an existing 1-story, residential unit with commercial space within an NC-1 (Neighborhood Commercial Cluster), and a 40-X Height and Bulk District.

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

        (Proposed for Continuance to January 22, 2004)

        SPEAKER(S): None

        ACTION: Without hearing, item continued to January 22, 2004.

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

B. COMMISSIONERS' QUESTIONS AND MATTERS

Item 6 was taken out of order and immediately followed Roll Call:

      6. EXECUTIVE SESSION RESULTS

        In open session the Commission shall by motion and vote elect to:

      a) Disclose no information, or

      b) Disclose information which a majority deems to be in the public interest.

        SPEAKER(S): None

        ACTION: Commission moved to not disclose information relative to the Executive Session.

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

      7. Consideration of Adoption - Draft Minutes of November 6, 2003.

        (Continued from Regular Meeting of December 4, 2003)

        SPEAKER(S): None

        ACTION: Approved

        AYES: Antonini, Feldstein, Hughes, S. Lee

        EXCUSED: Bradford Bell, Boyd, W. Lee

      8. Commission Comments/Questions

        Commissioner Hughes:

        Re: Discretionary Review Policy Revisions

        - These revisions are tentatively scheduled for next week and he wondered if the revisions are ready.

        - He suggested that the date be moved since in the event that the draft is circulated three or four days prior to the date of the hearing, he feels that there will be a room full of people that say that they have not had enough time to look over the information. In order to avoid that, he suggests that that item be moved.

        Commissioner Antonini:

        Re: Ballot Measure

        - There is a ballot measure that will be coming up in the March, 2004 primary election that has to do with work force housing. He is not sure if it is called Prop G or H. Questions have arisen from the public regarding this that would allow it to take place without going through the planning process and he is not sure why. He requested that the Acting Director discuss this.

        Commissioner Bill Lee:

        Re: Entertainment Commission

        - He requested that the Planning Department work with the Entertainment Commission regarding rules and regulations that would affect any type of entertainment permits that the Entertainment Commission staff would approve.

      9. ALTERNATING CASE TYPES - In September, 2003, the Commission instituted a policy, on a trial basis, to alter how project types were to be scheduled on their public hearing calendars. At that time, it was felt that with all case types on the same calendar, some were being heard consistently while others were being continued consistently. In an attempt to address this, it was established that case types would be alternated with Discretionary Review (DR) cases scheduled on one hearing day and other non DR cases on an alternate hearing day. At this time, the Commission would like to discuss the effectiveness of alternating case type schedules, and consider maintaining it, modifying it, or abolishing it.

        SPEAKER(S):

        Larry Paul - Architect

        - He is also a Planning Commissioner for the City of San Rafael.

        - He suggested to have an accessory design review board/panel that would consist of neutral architects;

        - Or have the City organize a design review board that would make recommendations.

        - This would decrease some of the case loads.

        Steve Currier - Outer Mission Residents Association

        - He agrees with Commissioner Sue Lee's comments about getting comments from the public on this.

        - One of the reasons that the calendar is the way it is now is because the Commission was not in session for several months. This caused a back log.

        - He feels that this back log is a hardship on the homeowners.

        - Having a mixed calendar is a blessing.

        Commission Secretary (Comments from Ms. Sue Hestor):

        - She (Ms. Hestor) does not agree with the alternating schedule;

        - Materials do not get into the packets early enough, which is a hardship on the public.

        - This item should have been noticed with more time in advance so that the public could comment.

        Elaine Tope - Staff Planner

        - She has worked with design boards and feels that this is a way to settle various design issues for projects and not have them come before the Commission.

        - It is not important to her if the calendar is mixed or alternated.

        ACTION: Continue the alternating schedule subject to review again in approximately 60 days or upon receipt of staff's recommendations to changes in the Discretionary Review process or adoption of policies related to administrative review of the Discretionary Review process.

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

C. DIRECTOR'S REPORT

      10. Director's Announcements

        Re: Housing Element

        - The Commission directed staff to begin the environmental review process. A negative declaration will be issued within the next couple of weeks. The appeal period will be extended because of the holidays.

        Re: Rincon Hill Plan

        - Included in the presentation last week was an announcement about a scoping meeting this coming week. The cards announcing this meeting were not mailed because corrections needed to be made. Therefore, the scoping meeting will be on January 21, 2004.

        - Last night there was an introductory meeting. On Saturday December 20, 2003, there will be a walking tour; on January 14, 2004, there will be a working session with staff present; and on January 21, 2004, there will be a scoping meeting.

        Re: Staff's work load

        - There is currently a staff work overload which is affecting many projects as well as the Planning Commission. He realizes that one way to solve the problem is to work on the Discretionary Review policy which is before the Commission next week.

        - The other solution would be to limit the amount of paperwork presented in case reports. He will be looking for ways to simplify the case report.

        Re: Entertainment Commission

        - He had a meeting with the Acting Director and staff about ways to respond to his concerns.

        - He will also be meeting with the president of the Commission.

        Re: Workforce Housing

        - The Chamber of Commerce put this on the ballot for the March 2004 election. It would direct staff to allow about 4 or 5 thousand units of housing in the central waterfront area, and expedite the review of this type of housing assuming it creates a second tier of affordable housing.

        - It takes code changes to do this.

        - The Board of Supervisors did not get the votes necessary to put this on the ballot in November.

        - It also includes two million dollars for the Department to do environmental review and long range planning to implement this. It does not broaden staff for neighborhood planning to expedite the permits that come in. If this passes, staff will be looking to the Board of Supervisors to implement this in a timely manner.

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

        BOS -

        Land Use Commission actions of December 8, 2003

        The Committee passed a resolution that renews, for one more year, the Interim Controls regulating certain industrially zoned properties on Third Street between Islais Creek and Paul Street. These interim controls rezone these certain parcels from Industrial Zoning to NC-3, Moderate-Scale Neighborhood Commercial. This legislation was initiated by Supervisor Maxwell.

        The Committee voted unanimously on an ordinance Designating 2926-2948 16th Street, the Labor Temple/Redstone Building, as a landmark under Planning Code Article 10. To most, this building is known to house Theater Rhinoceros. This legislation was initiated by Supervisor Daly.

        Upcoming Appeals hearings at the Board of Supervisors on December 16, 2003:

        701 Lombard Street

        There is a question of whether there was a timely filing of this appeal.

        The appeal is on the Planning Commission's decision from January 15, 2003, approving a final mitigated negative declaration for the proposed condominium project at 701 Lombard Street. The appeal was filed November 6, 2003, or about 11 months after this Commission certified the mitigated negative declaration.

        937-939 Jackson Street

        Appeal of Determination of Categorical Exemption issued on September 30, 2003. Appeal Filed November 17, 2003.

        899 North Point Street

        Appeal of Categorical Exemption that was issued on March 12, 2003.

        The Conditional Use hearing was continued to January 22, 2004. This appeal is now scheduled before the Board of Supervisors on January 13, 2004.

        BOA -

        Re: 355 Country Club Drive

        - This project was a 1,400 square foot addition that the Commission reduced to 900 feet. Before the City issued the permit, the applicant asked the City to deny it. This denial went to the Board of Appeals and the Board increased the project to 1,100 square feet. The permit was finally issued. This permit was appealed to the Board of Appeals and the Board approved it again as an 1,100 square foot addition.

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.

        None

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

        12. 2003.0444D (S. VELLVE: (415) 558-6263)

        586 LISBON STREET - northwest side between France and Russia Streets, Lot 016A in Assessor's Block 6274 - Request for Discretionary Review of Building Permit Application 2002.06.12.8815 to construct a new three-story single-family dwelling located in an RH-1 (House, One-Family) District, 40-X Height/Bulk District.

        Preliminary Recommendation: Take Discretionary Review and disapprove the permit. (Continued from Regular Meeting of September 4, 2003)

            NOTE: On July 24, 2003, following public testimony, the Commission closed the public hearing and passed a motion to continue this item to September 4, 2003 on a +6 -1 vote (Commissioner Antonini voted against the continuance). The Commission requested better and more legible drawings.

        SPEAKER(S):

        (-) Collins O'Neal - Project Sponsor

        - He has made various changes to his plans in order to satisfy the concerns of the Discretionary Review requestor.

        (-) Richard Lane - Discretionary Review Requestor

        - There were seven families at the July 24, 2003 meeting. The concerns were: height and bulk; loss of existing setbacks on both north and south sides of the building; the lack of good neighbor gestures; the mix of architectural styles in the façade; and the affect that a five bedroom house would have on the parking in the neighborhood.

        - He has not seen the new plans.

        - The neighbors have been quite frustrated about this whole situation.

        (-) Steven Currier - Outer Mission Residents Association

        - He attended the hearing on July 24, 2003.

        - There were compromises that were verbally agreed to at that meeting.

        - He has not seen the new plans either and as a mediator it is important for him to be updated on everything that is going on.

        - Mr. Lane has done an exemplarily job on what should have been done a long time ago.

        (-) Matthew Householder - Neighbor of Lisbon Heights

        - He urged the Commission to encourage and enforce (where you can) project sponsors to pay close attention to the Residential Design Guidelines.

        - His particular concern is preserving and increasing parking, preserving architectural character, preserving light and air, minimizing impacts on larger homes, limiting rear extension of projects, etc.

        ACTION: Took Discretionary Review and disapproved the project.

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

        NAYES: Antonini and Hughes

F. REGULAR CALENDAR

        13. 2003.0931D (K. MCGEE; (415) 558-6367)

        440 BRANNAN STREET (A.K.A 70 ZOE STREET) - northwest side, corner of Zoe and Brannan Street, Lot 019 in Assessor's Block 3776. A mandatory Discretionary Review is required by Planning Commission Resolution Number 14844 on a proposal to add a Type 17 (Beer and Wine Wholesaler), Type 20 (Off Sale Beer and Wine), and Type 9 (Beer and Wine Importer) liquor license for `Enovations Creative Wine Concepts'. The subject property is located in an SLI (Service Light Industrial) Zoning District, in a 50-X Height and Bulk District, and is in the Ballpark Special Use District (BVSUD

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

        SPEAKER(S):

        (+) Jenny Carlson - Administrative Assistant for Innovations

        - She is available for comments or questions.

        ACTION: Did not take Discretionary Review and approved the project

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

        ABSENT: Feldstein

This item was taken out of order and followed item 11.

        14. 2003.0901D (E. TOPE: (415) 558-6316)

        2014 - 2016 BUCHANAN STREET - east side between California and Pine Streets; Lot 27 in Assessor's Block 651 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of dwelling unit mergers, of Building Permit Application No. 2003.07.31.0876, proposing to merge two dwelling units to create a single-family dwelling in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

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

        SPEAKER(S):

        (+) Al Alaimo - Project Sponsor

        - He and his wife own the property.

        - He found out that the property was zoned two family. He and his wife would like to return this property to a single family home.

        - He found records from 1993 showing that the property had been converted many years ago.

        - He and his wife want to live on this property as a single-family home.

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

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

        15. 2003.0905D (E. TOPE: (415) 558-6316)

        3874 17TH STREET - north side between Pond Street and Noe Street; Lot 075 in Assessor's Block 3564 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of all dwelling unit mergers. Building Permit Application No. 2003.01.21.5494, proposes to legalize the existing reconfiguration of a three-unit building, which was converted to two units after a house fire in 2001. This property is located in an RH-3 (Residential, House, Three-Family) District and 40-X Height and Bulk District.

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

        SPEAKER(S):

        (+) Catherine Anderson - Project Sponsor

        - She loves her house and has done a lot of work on it to improve the property and make it beautiful.

        - She is available for questions.

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

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

        NAYES: Feldstein

        16. 2003.0872D (D. DIBARTOLO: (415 558-6291)

        40 VALPARAISO STREET - north side between Taylor and Mason Streets; Lot 034 in Assessor's Block 091 - Request for Discretionary Review of Building Permit Application No. 2003.0313.9586 proposing the construction of a new approximately 820 square foot third-story addition atop the existing two-story single family dwelling unit. The subject property is located in an RM-1 (Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District.

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

        SPEAKER(S): None

        ACTION: Without hearing, item continued to January 22, 2004

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

        17. 2003.1093D (G. CABREROS: (415) 558-6169)

        2258 BEACH STREET - north side between Baker and Broderick Streets; Lot 009D in Assessor's Block 0915 - Request for Discretionary Review of Building Permit Application No. 2003.07.02.8662, proposing to consolidate several previous building permit applications and to authorize construction beyond the scope of said permits in order to achieve final inspection by the Department of Building Inspection. Construction under these previous building permit applications includes, but is not limited to, a new third floor, a horizontal addition to the rear of the building, and new windows and skylights added to the existing single-family residence 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.

        SPEAKER(S):

        Re: Continuance

        Brad Hooper - Discretionary Review Requestor

        - He wrote a letter and spoke to various people in the Planning Department regarding a continuance.

        - His reason for the continuance request is because his wife is a co-owner and she needs to be present to express her feelings on this issue.

        - His wife cannot be here because she recently had surgery.

        - He is just asking for a little time so his wife can be here.

        Gram Maloney - Attorney

        - The wing wall and the parapet has already been before the Commission.

        - The only issue here is the field condition and a construction technique which causes the parapet to go 18 inches higher.

        - He feels that there is no need to go before the Commission.

        ACTION: Without hearing the merits of the case, this item was continued to February 11, 2004.

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

        NAYES: Bradford Bell

        18. 2003.0893D (G. CABREROS: (415) 558-6169)

        927 LAKE STREET - south side between 10th and 11th Avenues; Lot 047 in Assessor's Block 1370 - Request for Discretionary Review of Building Permit Application No. 2003.01.10.4984, proposing to add a three-story addition to the rear of the existing three-story, single-family residence in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

        Preliminary Recommendation: Do not take Discretionary Review and approve.

        SPEAKER(S):

        (-) Richard Shrieve - Discretionary Review Requestor

        - He was assigned this request for Discretionary Review from the original applicants, Peter and Ann Costigan, who lived next door to the subject property.

        - He respects the right for the project sponsors to expand their homes.

        - He respects the architect--the architect designed an addition to his house.

        - He has two reasons to the Discretionary Review: 1) he would like the Commission and staff to bear in mind the cumulative impacts on mid-block open space of other additions that could occur if this one does. There are at least three more families that are likely to expand if this one does; 2) It is important to voice the issues of the people who are most impacted, The Louie's and the Wongs. Both of these parties are here to voice their opinion.

        (-) James Louie

        - The 927 Lake Street owner should get together with the rest of the neighbors to have more discussions and reach a mutually acceptable conclusion.

        (-) Jean Ng

        - The proposed construction will limit her air circulation.

        - The proposed extension would change the appearance of future structures.

        - She requested that the Commission direct the project sponsor to reach an agreement with all the neighbors.

        (-) Yvonne Don

        - She is here to reinforce the opinion of the Discretionary Review requestors and the supporters of the DR.

        - She feels that the open space is important. They considered this when they had to do a remodel.

        - She displayed a map of the open space currently on the properties of the block.

        (+) Rob Mackethan - Project Sponsor

        - He and his wife purchased their home about 10 years ago. They now have three children and have actually "outgrown" their home. That is the reason for the expansion.

        - Most of the neighbors have already made large additions to their homes.

        - He feels that their addition is not out of character.

        - He does not want to cause problems with the neighbors.

        - He has had various conversations with his neighbors and because of these discussions his project has been scaled down.

        (+) Dan Phipps - Project Architect

        - He displayed images of the architectural aspects of the project.

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

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

        19. 2003.0736D (J. PURVIS: (415) 558-6354)

        1477 RHODE ISLAND STREET - east side south of 25th Street; Lot 026 in Assessor's Block 4282A - Request for Discretionary Review on the proposed construction of a two-family dwelling on a vacant up-sloping lot under Building Permit Application No. 2002.11.14.1384. The new building would rise to four stories over a two-car garage and is in an RH-2 (Residential, House, Two-Family) Use District and a 40-X Height and Bulk District.

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

        SPEAKER(S): None

        ACTION: Discretionary Review Withdrawn.

        20. 2003.0620D (J. PURVIS: (415) 558-6354)

        1532 TREAT AVENUE - west side south of Precita Avenue; Lot 006 in Assessor's Block 5524 - Mandatory Discretionary Review, under Planning Commission policy requiring review of all housing demolition permits, of Demolition Permit Application No. 2003.03.27.0853 proposing the demolition of a two-story, two-family dwelling to be replaced with a three-story, two-family dwelling in an RH-2 (Residential, House, Two-Family) Use District, a 40-X Height and Bulk District and within the Bernal Heights Special Use District.

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

        SPEAKER(S):

        (+) Bill Pashalinsky - Project Architect

        - The project sponsor and the engineer who did the soundness report are here to answer any questions.

        - This project has a lot of problems.

        - Even if the project sponsor invested a major fortune to repair everything, the project would not be up to code.

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

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

        21. 2003.1078D (K. AMDUR: (415) 558-6351)

        162-164 BERNARD STREET - north side between Jones and Leavenworth Streets; Lots 036 and 037 in Assessor's Block 0156 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of all dwelling unit mergers, of Building Permit Application Nos. 2003.05.07.4000 and 2003.05.07.4004, proposing to merge two dwelling units to form a single-family residence on Lot 037 and to create a new dwelling unit on the ground floor of an existing garage structure on Lot 036. Both of the subject lots are in an RH-3 (Residential, House, Three-Family) and 65-A Height and Bulk Districts.

        Preliminary Recommendation: Do Not Take Discretionary Review and approve the application as submitted.

        SPEAKER(S):

        (+) Julia Campbell - Project Sponsor

        - They have always used the property as a single-family house.

        - Bernard Street is a small alley where the properties have been owned for many, many years.

        - The way the property has been designed is very awkward.

        - They have three children and would like to remain living in San Francisco.

        - They also have support from the Russian Hill Neighbors Association because they would rather have this property converted to a single family home than have an addition constructed.

        (+) Camala Moster - Project Architect

        - This house is one of the earlier houses on the block and is very modest.

        - Adding a second garage space to the single garage space will be an amenity.

        - The space on the first floor could be used as a second unit.

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

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

        NAYES: Feldstein

        22. 2003.1167D (M. SMITH: (415) 558-6322)

        183 ST. GERMAIN AVENUE (A.K.A. 121 ST. GERMAIN AVENUE) - south side of the street near Glenbrook Avenue, Lot 018 in Assessor's Block 2722 - Request for Discretionary Review of Building Permit Application No. 2003.07.03.8801, proposing to construct a two-story single-family dwelling on a vacant lot located in a RH-1(D) (Residential, House, One-Family [Detached]) 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: Discretionary Review Withdrawn.

        23. 2003.1168D (M. SMITH: (415) 558-6322)

        185 ST. GERMAIN AVENUE (A.K.A. 125 ST. GERMAIN AVENUE) - south side of the street near Glenbrook Avenue, Lot 019 in Assessor's Block 2722 - Request for Discretionary Review of Building Permit Application No. 2003.07.03.8805, proposing to construct a two-story single-family dwelling on a vacant lot located in a RH-1(D) (Residential, House, One-Family [Detached]) 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: Discretionary Review Withdrawn.

      6:00 p.m.

        24. (C. NIKITAS; (415) 558-6306)

        RESIDENTIAL DEMOLITION POLICY - A proposal to modify and refine interim criteria to implement a Temporary Residential Demolition Policy requiring mandatory Discretionary Review of all dwelling unit demolitions not requiring Conditional Use authorization, with certain exceptions; to adopt a specific Soundness Determination process; and to adopt criteria for conformity with applicable General Plan policies and objectives; and a recommendation to apply this policy for an approximate six-month period, after which a long-term policy would be presented for consideration and adoption by the Commission.

        Preliminary recommendation: Adopt the Temporary Residential Demolition Policy.

        NOTE: On November 6, 2003, following public testimony, the Commission kept the Public Hearing open and continued this item to December 11, 2003.

        SPEAKER(S):

        William Abend - AIA

        - The only one issue that he has is that there has been three different policies for demolitions.

        - Something should be done so that the project applicant should not have to pay in order to have things revised.

        - He is available for questions.

        Jeremy Paul

        - It has been a long process to develop a policy on this issue.

        - The Board of Appeals is going to be looking for more than numerical criteria. They are going to be looking at the opinions from the Commission about the project that is being demolished.

        - It is important for people to understand what is in front of them and this criteria will help a lot.

        - People should be proactive in managing their decisions about what to do with the housing stock. This is something that should be included in the policy.

        - There has to be subjective criteria as well.

        Pat Buscovich

        - This process needs to be thorough and this document is very thorough.

        - There should be some additional check list information that needs to be incorporated: the assessor's files; the three R reports from the Building Department; all permit histories; all the records from planning including whether the building is AS, and if it is AS, all the records, etc.

        - The Planning Commission should understand that the Building Department is loath to tear a building down unless it is an eminent life-safety hazard.

        - There are a large class of fire-damaged buildings that need to be torn down.

        Hiroshi Fukuda - Richmond Community Association

        - This hearing is being held during the holidays and that is why there are not that many people here.

        - Any changes in the policy should be provided in a hand out so that the public knows what the changes are.

        - The policy does not address the real issue of demolition.

        Sue Hestor

        - This policy should be adopted and moved along.

        - There are lots of demolitions before the Commission and there are a lot of units that are being lost because of these demolitions.

        - There is nothing objectionable in what staff is doing.

        - It is very weary on people who are trying to stay on top of the documents.

        - She would like [the policy] to have added a more thorough analysis of historical research.

        ACTION: Approved as Corrected and Amended:

            1. On Page 2 of the case report, under SCOPE OF THE POLICY, delete the word EXACTLY in the description of projects to be exempted from the mandatory DR policy. They are: structures determined to be public hazards or structures damaged beyond feasible repair by fire, earthquake, or other act of God to be demolished and replaced exactly in kind, and recommended for demolition by the Director of the Department of Building Inspection..

            2. Please note that Recommendation #2, page 3, regarding fee recovery has been revised to reflect hourly rates provided by Administration staff to reflect current costs to the Department. Note that the proposal allows 20 hours of staff time, including the initial filing fee, to be allocated to a project, without further notification of the applicant, for a total allowed billable cost of $1823.40.

            3. In Recommendation #8, page 5, add "Contraction Cost Estimators" to the list of professionals allowed to author soundness reports. Also change the last sentence to read ". If the Commission rejects a Soundness Report, the Commission may require that any subsequent report for the project submitted to the Department be prepared by a new author meeting the requirements described above, not the original author."

            4. Alter Recommendation #13, at the top of page 7, to read " ... submit a COMPLETED supplemental information form PROVIDED (RATHER THAN prepared) by the Department .."

            5. Change Recommendation #16 to read "After an existing building is demolished, the replacement structure is built on what is briefly an infill lot. The Commission shall assess underlying zoning, neighborhood character, and surrounding unit density to encourage appropriate in-fill housing on sites in established neighborhoods, and to promote the construction of well-designed housing that preserves or enhances existing neighborhood character in conformity with the General Plan and the Residential Design Guidelines, where applicable. Therefore, the Discretionary Review of projects subject to this policy shall be advertised and noticed to include the permit application for the replacement structure, for the purpose of evaluating compliance of the project with Criteria 14 through 16. "

            6. On Exhibit 2, the proposed Demolition Application Form. delete the word "exactly" in the description of buildings replaced in kind following a disaster. Also, please change the word "units" in Criterion 9 , to read, How many bedrooms are subject to rent control?" On page two of the form, the next to last paragraph needs to be revised to reflect the current hourly costs and staff hours for fee recovery, as described earlier.

            7. On Exhibit 3, the Criteria Checklist, on Item 1, the last sentence of the first paragraph should read: If so, a hearing is not required , then add the words UNDER THIS POLICY.

            8. Split criterion 16 into a & b, to read, does the project increase the number of housing units?, and Does the project increase the number of bedrooms on site?

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

        ABSENT: W. Lee

        MOTION: 16700

G. 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: 7:08 p.m.

      THESE MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, January 15, 2004.

        SPEAKER(S): None

        ACTION: Approved

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

Last updated: 11/17/2009 10:00:07 PM