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June 06, 2002

June 06, 2002

 

SAN FRANCISCO PLANNING COMMISSION


Meeting Minutes

Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, June 6, 2002
1:30 PM
Regular Meeting


PRESENT:          Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
ABSENT:          None

THE MEETING WAS CALLED TO ORDER BY VICE PRESIDENT FAY AT 1:56 p.m.

STAFF IN ATTENDANCE: Gerald Green – Director; Larry Badiner -Zoning Administrator; Adam Light: Glenn Cabreros; Kelley Amdur; Winslow Hastie; Vahram Massehian; Michael Smith; Dan Sirois; Sara Vellve; Jonathan Purvis; Pete Vollmann; Nora Priego – Transcription Secretary; Linda Avery - Commission Secretary

A.          CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

The Commission will consider a request for continuance to a later date. The Commission may choose to continue the item to the date proposed below, to continue the item to another date, or to hear the item on this calendar.

          1.          2002.0157C          (M. SNYDER: 415-575-6891)
                    20 HERON STREET - northwest corner of Heron Street and Berwick Street, Lot 44 in Assessor's Block 3755, – Request for Conditional Use authorization to install a total of 12 panel antennas, and associated equipment cabinets, as part of a wireless transmission network operated by Verizon Wireless, pursuant to Planning Code Sections 816.73 and 227(h) of the Planning Code. The site is within an SLR (Service / Light Industrial / Residential) District and a 40-X Height and Bulk District. Pursuant to the WTS Facilities Guidelines, the project is a Preference 4 Location Site, a wholly commercial building within a South of Market District.
                    Preliminary Recommendation: Approval with conditions
                    (Proposed for Continuance June 13, 2002)

SPEAKER(S):          None
ACTION:          Continued as Proposed
AYES:          Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
ABSENT:          Baltimore
          2.          2002.0279X          (M. LUELLEN: 415-558-6478)
                    1 FRONT STREET (aka 444 MARKET STREET) - north side of Market Street between Battery and Front Streets, Lot 9 in Assessor's Block 266 - Request under Planning Code Section 309(a)(5) (Downtown Project) for Determinations of Compliance and Request for Exceptions, including an exception from off-street parking, freight loading and service vehicles requirements (Section 161(i)). This project lies within a C-3-O (Downtown, Office) District and within a 450-S Height and Bulk District.
                    Preliminary Recommendation: Approval with conditions
                    (Proposed for Continuance to June 20, 2002)

SPEAKER(S):          None
ACTION:          Continued as Proposed
AYES:          Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
ABSENT:          Baltimore

B.          COMMISSIONERS' QUESTIONS AND MATTERS

          3.          Consideration of Adoption - draft minutes of May 16, 2002.

SPEAKER(S):          None
ACTION:          Approved with typographical corrections
AYES:          Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
ABSENT:          Baltimore

          4.          Commission Matters
                    None

C.          DIRECTOR'S REPORT

          5.          Director's Announcements
Re: Audit
- There is a copy of the final management audit of the Department in each of the Commissioners' packets. Supervisor McGoldrick officially released the final document. The general public can pick up a copy as well.
- There are some helpful suggestions that I will respond to.
- There will be a special hearing on June 13 before the Transportation and Commerce Committee. Members of the public can participate at that time.
- A citizens advisory group will be formed for the purpose of reviewing and implementing recommendations.

Re: Article in the Chronicle of June 4, 2002
- This article stated that the Department is viiolating state law by the way fees are recovered.
- We feel that this article is not accurate.
- The Department is receiving proper consultation from the City Attorney's office about the subject of fees.

SPEAKER(S):
Re: Audit
Patricia Vaughey
- One place where the Department can be improved is in the BBN records.

Re: Audit
Joe O'Donaghue
- He realizes that there has been a demand on staff and on the Director, yet the Department has not been given the appropriate resources.

          6.          Review of Past Week's Events at the Board of Supervisors and Board of Appeals
BOS
Re: Appeal of Conditional Use Authorization for the California Tennis Clubs
- The Commission approved this application by a vote of +4-2.
- The Board was concerned about the ability of some Commissioners to vote. The City Attorney responded to that. There was also a question about this project being in compliance with the previous authorization in 1986.
- The item was continued to June 17, 2002.

SPEAKER(S):
Patricia Vaughey
- She would like to clarify what happened at the meeting: the argument was that the neighbors were saying that the tennis club was acting in bath faith.
- In the 1987 case, the argument was that the parking was to be for the neighbors as well as the tennis club and they (the tennis club) never kept up to their promise.

BOA
- Jonas Ionin represented the Zoning Administrator at this hearing.

Re: 2518 Union Street
- The Commission took Discretionary Review and made manor changes to the design.
- The Board upheld the Commission's decision and mane minor modifications to the changes the Commission made.

- The Zoning Administrator will be on vacation in the next few weeks.

          7.          Informational Presentation on building height and the review of code provisions regarding measurements.

SPEAKER(S):          None
ACTION:          Without hearing, continued at the Call of the Chair to June 13, 2002.

          8.          2000.0986X          (A. LIGHT: 415-558-6254)
                    150 POWELL STREET - southeast corner of O’Farrell Street in Assessor’s Block 327, Lot 22 – Progress Report on design and development of public art concept as required under Section 149 of the Planning Code and Planning Commission Motion # 16117, for an approved mixed-use office and retail project located in a C-3-R (Downtown, Retail) Zoning District and a 80-130-F Height and Bulk District.
                    Preliminary Recommendation: No Action Required

SPEAKER(S):          None
ACTION:          No Action Required

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 Commission has closed the public hearing must do so at this time. Each member of the public may address the Commission for up to three minutes.

SPEAKER(S):
Re: 3352 Washington Street
Alice Barkley
- A graphic was used to display what a dormer was.
- The added floor will be an attic but will be habitable.
- She does not believe that the Zoning Administrator's presentation would change a partial 4th floor to a dormer.
Jim Reuben
- He agrees with the interpretation from the Zoning Administrator regarding the dormer.
- The dumb waiter has been removed from the project.

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

          9.          2001.0739DDDDDD          (G. CABREROS: 415-558-6169)
                    3352 WASHINGTON STREET - North side between Walnut Street and Presidio Avenue, Lot 011 in Assessor’s Block 0984 - Requests for Discretionary Review of Building Permit Application 2000/0616/2818S proposing to construct a dormer, deck and windscreens at roof level, to add a horizontal addition at the rear and to alter both front and rear facades of the existing four-story, single-family house located in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.
                    Preliminary Recommendation: Take Discretionary Review and approve with modifications
                    (Continued from Regular Meeting of May 16, 2002)
                    NOTE: On May 16, 2002, following public testimony, the Commission closed the public hearing and entertained a motion to not take Discretionary Review and approve the project with staff recommendation. The motion failed to carry by a vote +3 –3. Commissioners Chinchilla, Joe and Baltimore voted No and Commissioner Theoharis was absent. At the call of the chair, the project was continued to June 6, 2002, to allow the absent commissioner to participate in the final action.

SPEAKER(S):          None
MOTION:          Take Discretionary Review and approve the project with the removal of the dumb waiter.
AYES:          Fay, Salinas, Lim
NAYES:          Baltimore, Chinchilla, Joe, Theoharis
RESULT:          Motion Failed
ACTION:          Took Discretionary Review and disapproved the project.
AYES:          Baltimore, Chinchilla, Joe, Lim, Theoharis
NAYES:          Fay, Salinas

          10.          2000.790KEXCTZM          (K. AMDUR 415-558-6351)
                    888 HOWARD STREET (aka 155 5th STREET) - northeast corner of 5th and Howard Streets, Lot 66 in Assessor’s Block 3724 – Request pursuant to Section 302(c) and 340 to create a special use district, C-3-S (SU) for the project site. The creation of the district and the reclassification of the site from C-3-S to C-3-S (SU) requires amendments to the text of the Planning Code, Zoning Map 1, and Map 1 of the Downtown Area Plan. The proposal is to construct a 31-story, 320-foot tall hotel building with 430,000 gross square feet, including approximately 572 hotel rooms, 9,200 square feet of restaurant and bar/lounge space, 30,000 square feet of parking (115 valet-operated spaces), 43,800 square feet of meeting and pre-function space, and 12,600 square feet of publicly-accessible open space. The special use district would increase the maximum FAR allowed without the purchase of Transferable Development Rights (TDR) from 5:1 to 7.5:1. The site is currently zoned C-3-S, which allows a maximum FAR of 7.5:1, but only with the purchase of TDR. The Project also requires approval pursuant to (1) Section 309 (Downtown Review) for determinations of compliance and approval of exceptions, (2) Sections 303 and 216(b) for Conditional Use authorization for a hotel with more than 200 rooms, (3) CEQA findings and (4) approval of amendments to Zoning Map 1H and Map 5 of the Downtown Area Plan related to the proposed rezoning of the project site from 160-F to 320-S.
                    Preliminary Recommendation: Approval of reclassification from 160-F to 320-S, Disapproval of reclassification from C-3-S to C-3-S (SU)
                    (Continued from Regular Hearing of May 16, 2002)
                    Note: On May 23, 2002, following public testimony, the Commission closed the public hearing and passed a Motion of Intent to approve the creation of a C-3-S (SU) Special Use District and the reclassification of the Project Site from C-3-S to C-3-S (SU). The Motion carried by a vote of +6 –0. Commissioner Chinchilla was absent. The Commission requested staff to revise Special Use District Resolution and present it for Final Action on June 6th.

SPEAKER(S):          None
ACTION:          Approved
AYES:          Baltimore, Joe, Lim, Salinas, Theoharis
EXCUSED:          Chinchilla, Fay
RESOLUTION:          16420

          11.          2000.790KEXCTZM          (K. AMDUR 415-558-6351)
                    888 HOWARD STREET (aka 155 5th Street) - northeast corner of 5th and Howard Streets, Lot 66 in Assessor’s Block 3724 -- Request for Determinations of Compliance under Planning Code Section 309 (Downtown Project) and approval of Exceptions, including an exception to the Reduction of Ground Level Wind Currents requirements (Section 148) and an exception to the Bulk Limits (Sections 270 and 272), for the construction of a 31-story, 320-foot tall hotel building with 430,000 gross square feet, including approximately 572 hotel rooms, 9,200 square feet of restaurant and bar/lounge space, 30,000 square feet of parking (115 valet-operated spaces), 43,800 square feet of meeting and pre-function space, and 12,600 square feet of publicly-accessible open space. The Project also requires CEQA findings and approval pursuant to (1) Sections 303 and 216(b) for Conditional Use authorization for a hotel with more than 200 rooms, (2) Section 302(c) for amendments to the Planning Code and Zoning Maps to change the height, bulk and use districts of the project site (from 160-F to 320-S and from C-3-S to C-3-S (SU)), and (3) Section 340 for approval of amendments to the General Plan related to the proposed rezoning of the project site.
                    Preliminary Recommendation: Approval with conditions
                    (Continued from Regular Hearing of May 16, 2002)
                    Note: On May 23, 2002, following public testimony, the Commission closed the public hearing and passed a Motion of Intent to approve the Section 309 application with conditions. The Motion carried by a vote of +4 –2 with Commissioners Fay and Baltimore voting against. Commissioner Chinchilla was absent. The Commission requested staff to revise the Draft Section 309 Motion and present it for Final Action on June 6, 2002.
                    (On May 23, 2002, the Commission approved the project’s three other applications for CEQA findings, conditional use authorization, and a reclassification of the project site from 160-F to 320-S).

SPEAKER(S):          None
ACTION:          Approved with Modifications: The modifications consist of three requirements: 1) that the Project Sponsor provide an additional 4,000 square feet of publicly-accessible open space pursuant to Section 138 of the Planning Code and the Guidelines for Downtown Open Space, 2) that the Project Sponsor purchase all remaining, available TDR in the C-3-S District and apply it to the project, and 3) that the Project Sponsor make a contribution of at least $1.145 million towards the preservation of a publicly-owned Landmark building in the downtown C-3 area.
AYES:          Baltimore, Joe, Lim, Salinas, Theoharis
EXCUSED:          Chinchilla, Fay
RESOLUTION:          16421

E.          REGULAR CALENDAR

          12a.          2002.0363XBC          (A. LIGHT 415-558-6254)
                    150 POWELL STREET, southeast corner of O’Farrell Street, in Assessor’s Block 327, Lot 22. Request for a change to the Conditions of Approval for Planning Commission Motion 16117, Determination of Downtown Compliance under Section 309 of the Planning Code, Condition #1E. The proposed change is to extend the time period prescribed by Condition of Approval #1E for commencement of construction, for an additional 18 months from the currently approved expiration date. The original project approval was for a mixed-use retail and office development containing approximately 41,000 square feet of retail and 40,000 square feet of net new office space. The project site is in a C-3-R (Downtown, Retail) Zoning District, and an 80-130-F Height and Bulk District.
                    Preliminary Recommendation: Approval
                    (Continued from Regular Meeting of May 23, 2002)

SPEAKER(S):
(+) Tim Tosta – Steefel, Levitt and Weiss
- He urges the Commission to approve the 18 month period since it would provide a bettter cushion.

ACTION:          Approved an 18-month extension
AYES:          Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
MOTION:          16422

          12b.          2002.0363XBC          (A. LIGHT 415-558-6254)
                    150 POWELL STREET, southeast corner of O’Farrell Street, in Assessor’s Block 327, Lot 22. Request for a change to the Conditions of Approval for Planning Commission Motion 16118, Project Authorization for construction of office space under Section 321 of the Planning Code, Condition #1E. The proposed change is to extend the time period prescribed by Condition of Approval #1E for commencement of construction, for an additional 18 months from the currently approved expiration date. The original project approval was for a mixed-use retail and office development containing approximately 41,000 square feet of retail and 40,000 square feet of net new office space. The project site is in a C-3-R (Downtown, Retail) Zoning District, and an 80-130-F Height and Bulk District.
                    Preliminary Recommendation: Approval
                    (Continued from Regular Meeting of May 23, 2002)

SPEAKER(S):          Same as those listed in Item 12a.
ACTION:          Approved an 18-month extension
AYES:          Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
MOTION:          16423

          12c.          2002.0363XBC          (A. LIGHT 415-558-6254)
                    150 POWELL STREET southeast corner of O’Farrell Street, in Assessor’s Block 327, Lot 22. Request for a change to the Conditions of Approval for Planning Commission Motion 16119, Conditional Use Authorization for office use exceeding 5,000 gross square feet in a C-3-R (Downtown, Retail) Zoning District, Condition #1E. The proposed change is to extend the time period prescribed by Condition of Approval #1E for commencement of construction, for an additional 18 months from the currently approved expiration date. The original project approval was for a mixed-use retail and office development containing approximately 41,000 square feet of retail and 40,000 square feet of net new office space. The project site is in a C-3-R (Downtown, Retail) Zoning District, and an 80-130-F Height and Bulk District.
                    Preliminary Recommendation: Approval
                    (Continued from Regular Meeting of May 23, 2002)

SPEAKER(S):          Same as those listed in Item 12a.
ACTION:          Approved an 18-month extension
AYES:          Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
MOTION:          16424

          13a.          2001.0494CDV          (W. HASTIE: 415-558-6381)
                    1475-79 FOLSOM STREET – (The Jackson Brewery Complex) south side between 10TH and 11TH Streets. Assessor’s Block 3520, Lots 30B & 30C – Request for a Conditional Use authorization pursuant to Sections 803.5(c) and 816.48 of the Planning Code to convert 9,885 square feet at 1475 Folsom from office of design professionals and retail to general office use and to convert 10,361 square feet at 1479 Folsom from office and warehouse to general office; both lots are within a SLR (Service/Light Industrial/Residential) zoning district and a 50-X Height and Bulk District.
                    Preliminary Recommendation: Approval with conditions
                    (Continued from Regular Meeting of May 23, 2002)

SPEAKER(S):
(+) Jim Reuben – Reuben and Alter
- The proposed building is very attractive but not very practical.
- The purpose of this application is to find a way that this building can be used.
- He is available for questions.
(+) Boss Scaggs
- He has been a tenant for 8 or 10 years.
- He has used this space as a recording studio.
- He would like to request that the construction impact be as minimal as possible since he requires quiet during his recordings.
(-) Jeffrey Leverberg
- He is the Manager of Slims nightclub.
- Slims has been at this location since 1988.
- He recently renovated the club and has had a good relationship with the neighbors for 14 years.
- His concerns relate to the impact the construction might have on his club and/or sound checks.
(-) Joan Holiday – General Manager of Slims
- Her concerns are that the alley be turned into offices.
(+) Rob Burnmingham
- He is the owner of the proposed property.
- There will be no problems with sound checks before 5:00 p.m.

ACTION:          Approved with Modifications: attach an affidavit for potential tenants of the office space stating the surrounding uses.
AYES:          Baltimore, Fay, Salinas, Theoharis
NAYES:          Chinchilla, Joe, Lim
MOTION:          16425

          13b.          2001.0494CDV          (W. HASTIE: 415-558-6381)
                    1475-79 FOLSOM STREET – (The Jackson Brewery Complex) south side between 10TH and 11TH Streets. Assessor’s Block 3520, Lots 30B & 30C – Mandatory Discretionary Review for conversion of existing warehouse to general office use within the Industrial Protection Zone, per Resolution No. 16202. Subject lots are located in a SLR (Service/Light Industrial/Residential) zoning district and a 50-X Height and Bulk District. Project includes minor exterior alterations, as well as seismic and ADA upgrades.
                    Preliminary Recommendation: Do not take Discretionary Review and Approve the Project with Conditions.
                    (Continued from Regular Meeting of May 23, 2002)

SPEAKER(S):          Same as those listed in Item 13a.
ACTION:          Did not take Discretionary Review and approved the project
AYES:          Baltimore, Fay, Salinas, Theoharis
NAYES:          Chinchilla, Joe, Lim

          13c.          2001.0494CDV          (W. HASTIE: 415-558-6381)
                    1475-79 FOLSOM STREET – (The Jackson Brewery Complex) south side between 10TH and 11TH Streets. Assessor’s Block 3520, Lots 30B & 30C – Request for a parking variance for 5 required parking spaces at 1475 Folsom and 7 required spaces at 1479 Folsom–these parking requirements are based on pre-existing parking credits. The proposal does not provide any parking spaces for this project. Subject lots are located in a SLR (Service/Light Industrial/Residential) zoning district and a 50-X Height and Bulk District.
                    (Continued from Regular Meeting of May 23, 2002)

SPEAKER(S):          Same as those listed in item 13a.
ACTION:          The Zoning Administrator closed the public hearing and granted the variance

          14.          2002.0332C          (V. MASSEHIAN: 415-558-6363)
                    2255 HAYES STREET - south side between Stanyan and Shrader Streets; Lot 011A in Assessor’s Block 1213 - Request for Conditional Use authorization pursuant to Section 209.6 of the Planning Code to install a total of twelve panel antennas on the exterior of the existing penthouse (approx. 74 feet 3 inches above the sidewalk level) that will match the color and material of the penthouse, and related equipment at ground level adjacent to the existing seven-story, 62-foot tall (74 feet 3 inches to top of tower), publicly used structure known as the St. Mary’s Hospital, as part of AT & T’s wireless telecommunications network within an RM-2 (Residential Mixed, Moderate Density) District and a 65-A Height and Bulk District. As per the City & County of San Francisco’s Wireless Telecommunications Services (WTS) Facilities Siting Guidelines the proposal is a Preferred Location Preference 1 as it is a publicly-used structure.
                    Preliminary Recommendation: Approval with conditions

SPEAKER(S):
(+) Bill Stevens – ATT Wireless Service
- This location will serve the Haight-Ashbury area as well as the adjacent St. Mary's Campus area.
- This is a preference 1 site because it's a publicly used building.
- There was a community outreach meeting where 4 people attended.
- They received one letter in opposition.
- He is available for questions.

ACTION:          Approved
AYES:          Baltimore, Chinchilla, Joe, Lim, Salinas, Theoharis
ABSENT:          Fay
MOTION:          16426

          15.          2002.0014C          (M. SMITH: 415-558-6322)
                    257 BROAD STREET - south side of the street between Capitol and Orizaba Avenues, Lot 053 in Assessor's Block 7114- Request for Conditional Use Authorization under Planning Code Section 209.3(c) to construct a residential care facility for 14 elderly people, located in a RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.
                    Preliminary Recommendation: Approval with conditions



SPEAKER(S):
Dr. James Wu – Project Sponsor
- The facility will look like and be a residence.
- There will be no parking problems. They have a van but becaue of the setback there will be no traffic problems.
- There have been no neighborhood complaints.
- He quoted from some letters that are in support of this project.

ACTION:          Approved with Conditions good for three years.
AYES:          Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
MOTION:          16425

          16.          2001.1203C          (M. SMITH: 415-558-6322)
                    2001 37th AVENUE (aka 2750 RIVERA STREET - west side of the street between Ortega & Rivera Streets, Lot 006 in Assessor's Block 2094- Request by Cingular Wireless for Conditional Use Authorization pursuant to Planning Code Section 209.6(b) to install six panel antennas on the rooftop and two equipment cabinets within the existing penthouse of a secondary school building on the Saint Ignatius Preparatory School site located in a RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District. The subject property is a Location Preference 1 site according to the Wireless Telecommunications Services (WTS) Siting Guidelines, 1996.
                    Preliminary Recommendation: Approval with conditions

SPEAKER(S):
Kelley Pepper – Representing Cingular Wireless
- The purpose of this facility is to serve the outer sunset area.
- The facility will also serve major thoroughfares and business districts
- There was one community meeting held.
- This site is a preference location one.
- She submitted a support letter from St. Ignatioius High School.
(-) Louis Lokas
- The notice that the neighbors received was very misleading.
- A lot of the neighbors are concerned with health risks from these antennas.
(-) Elaine Chin
- she is against the installation of these antennas because her daughter attends the high school and she is concerned about her health.
(-) Lisa (did not state last name)
- She recently purchased a home near the school and is concerned about the health problems she will have because of these antennas.

ACTION:          Approved
AYES:          Baltimore, Fay, Joe, Lim, Salinas, Theoharis
EXCUSED:          Chinchilla
MOTION:          16427

          17.          2001.1202C          (M. SMITH: 415-558-6322)
                    5200 DIAMOND HEIGHTS BOULEVARD - southwest corner of Diamond Heights Boulevard and Duncan Street, Lot 001 in Assessor's Block 7521- Request for Conditional Use Authorization under Planning Code Section 209.3(j) to use the existing banquet room on the property of St. Nicholas Orthodox Church for a limited number of non-church related events, located in a RH-1 (D) (Residential, House, One-Family, (Detached)) District and a 40-X Height and Bulk District.
                    Preliminary Recommendation: Approval with conditions



SPEAKER(S):
(+) Father Nicholas Borsgon – Pastor of St. Nicolas Church
- They are a very traditonal community.
- After every ceremony held at the church, the community would like to gather and have a celebration.
- They always extend themselves to their community-at-large and always let the commuinity use their facilities.
- He hopes that the Commission will approve this request.
(+) Dr. Rene Pitton – Legislative Aid to Supervisor Yee
- She submitted a letter from Supervisor Yee who is in support of this request.

ACTION:          Approved
AYES:          Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
MOTION:          16429

          18.          2001.0789C          (M. SMITH: 415-558-6322)
                    597-599 MONTEREY BOULEVARD - southeast corner of Monterey Boulevard and Foerster Street, Lot 028 in Assessor's Block 3116 - Request by Sprint PCS for Conditional Use Authorization under Planning Code Sections 710.83 to install a wireless telecommunication facility consisting of two antennas mounted near the northwest corner of the rooftop, one GPS antenna mounted to the southeast corner of the rooftop, and five associated equipment cabinets installed within the detached garage of a two-story mixed use building located in a NC-1 (Neighborhood Commercial Cluster) District and a 32-X Height and Bulk District. The subject site is a Limited Preference 6 site according to the Wireless Telecommunications Services (WTS) Siting Guidelines, as it is a mixed-use building in a NC-1 District.
                    Preliminary Recommendation: Approval with Conditions
                    (Continued from Regular Meeting of May 23, 2002)

SPEAKER(S):
(+) Jennifer Estes – Representing Sprint PCS
- The facility has met the requiremetns of the WTS Facilities Requirements Guidelies and the San Francisco Municipal Code.
- This is is a limited preference 6 site. Sprint has spent many years to try to find a higher preference buidling.
- This location has areas of limited or no service. This proposed site is necessary because it will serve a high-travelled area.
- There have been community meetings.
- Sprint is willing to provide a thorough health investigation at the home of a resident who is concerned.
(-) James Holmes
- He owns the adjacent building to the proposed site.
- He is concerned that he does not know if this will affect his wife who has already had cancer.
- He is also concerned about having access to his roof.

MOTION:          Intent to Disapprove
AYES:          Chinchilla, Theoharis
NAYES:          Baltimore, Fay, Joe, Lim, Salinas
RESULT:          Motion Failed
ACTION:          Approved
AYES:          Baltimore, Fay, Joe, Lim, Salinas
NAYES:          Chinchilla, Theoharis
MOTION:          16430


          19.          2002.0015C          (D. SIROIS: 415-558-6313)
                    1005-1007 GENEVA AVENUE - north side of Geneva Avenue, between Paris and Lisbon Streets, Lot 013 in Assessor's Block 6408 - Request for Conditional Use authorization to demolish a building containing a residential unit at the second story pursuant to Planning Code Section 712.39 and to construct a four-story mixed use building with 3 residential units and a ground floor commercial space for the existing business, Apollo Heating, in an NC-3 (Moderate-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District.
                    Preliminary Recommendation: Approval with Conditions
                    (Continued from Regular meeting of May 16, 2002)

SPEAKER(S):
(+) Amad Darizadeh – Project Sponsor
- This will be a good project for the neighborhood and he hopes the Comission will approve it.

MOTION:          Approved
AYES:          Fay, Joe
NAYES:          Baltimore, Chinchilla, Lim, Salinas, Theoharis
RESULT:          Motion Failed
ACTION:          Intent to Disapprove. Final Language June 20, 2002
AYES:          Baltimore, Chinchilla, Lim, Salinas, Theoharis
NAYES:          Fay, Joe

F.          DISCRETIONARY REVIEW HEARING

At Approximately 5:10 PM the Planning Commission convened into a Discretionary Review (DR) Hearing to hear and act on Discretionary Review matters.

          20.          2001.0661D          (M. SNYDER: 415-575-6891)
                    1168 FOLSOM STREET – north side between 8th Street and Rausch Street, Lot 123 in Assessor's Block 3730 – Request for Discretionary Review of Building Permit Application No. 2002/02/21/9626 proposing to construct a new building that would contain 20 dwelling units, two commercial units, and 20 parking spaces were a single-story warehouse currently stands, within an SLR (Service/Light Industrial/Residential) District, a 50-X Height and Bulk District, and an Industrial Protection Zone (as designated in Planning Commission Resolution 16202).
                    Preliminary Recommendation: Take Discretionary Review and Disapprove Project.

SPEAKER(S):          None
ACTION:          Without Hearing, continued to July 18, 2002
AYES:          Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis

          21.          2002.0375D          (S. VELLVE: 415-558-6263)
                    47 EAGLE STREET - northwest side between Yukon and Mono Streets, Lot 003C in Assessor’s Block 2713 - Staff-initiated request for Discretionary Review of Building Permit Application No. 2001/10/15/0027 to convert an existing 2-unit building into 1 dwelling unit. The proposal involves renovation of a 1300 square foot structure and increasing the overall height by 4 feet. The property is located within a 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.



SPEAKER(S):
(+) Josh Feldman – Project Sponsor
- He purchased the building as a fixer-upper in order to make repairs to the property.
- The other tenants moved out because they purchased a home in Tiburon.
- He has letters from neighbors who support the conversation.
- He does not know of any neighbors who oppose of the conversion.
- There is only one off-street parking space because the original floor plan was for a single-family home.

ACTION:          Did not take Discretionary Review and approved the project.
AYES:          Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis

          22.          2002.0280D          (G. CABREROS: 415-558-6169)
                    1734-1738 LOMBARD STREET - north side between Laguna and Octavia Streets, Lot 004 in Assessor’s Block 0495 -- Request for Discretionary Review of Building Permit Application Nos. 2001/0831/7341 and 2001/0831/7339 proposing to demolish an existing two-story commercial building (1738 Lombard Street) on the western portion of the lot and to construct a four-story building to contain eight residential units with a garage and commercial space at the ground floor within an NC-3 (Moderate-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District.
                    Preliminary Recommendation: Do not take Discretionary Review and approve as submitted.

SPEAKER(S):
(-) Patrick Mulligan – Discretionary Review Requestor
- He does not support this project because the proposed project will bock light on several of the adjacent properties.
(-) Ajaz Shaiku
- He lives on Lombard Street.
- He is concerned about a fence and window that will face his motel.
- He is also concerned about the construction times since people in his motel need to sleep.
(+) Bruce Bauman – Representing Project Sponsor
- The proposal is a code complying project.
- The issues stated from the DR requestor are: light and air, height of the building, size of the units, parking and size of commercial. All these issues have been address in the brief he submitted.
(+) Joe O'Donaghue – Residential Builders
- Lombard Street is a main transit corridor and will be one of the areas that will have high-density housing under Supervisor Leno's and other board member's proposals.
- This is a good project and it should be approved.

ACTION:          Approved
AYES:          Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis

          23a.          2002.0242D          (J. PURVIS: 415-558-6354)
                    2422 BAYSHORE BOULEVARD - west side between Leland and Visitacion Avenues, Lot 2A in Assessor’s Block 6249 -- Staff Initiated request for Discretionary Review of Building Permit No. 9906291-S proposing to construct a 2-story, single-family dwelling with commercial office space on a 10-foot-wide lot (an additional building is proposed on this same lot with frontage at 23 Desmond Street and is the subject of a separate Discretionary Review), within an NC-3 (Moderate-Scale Neighborhood Commercial) District with a 40-X Height and Bulk designation.
                    Preliminary Recommendation: Take Discretionary Review and disapprove the project.


SPEAKER(S):          
(+) Hawk Lee – Project Sponsor
- This lot has been vacant for a while.
- Since 1999 he has been going back and forth to try to get this project approved.
- The Planning Department is making him go around in circles because it's a vacant lot–but the lot is buildable.
- The building will be a rental for low income.
(-) Gary Chan
- He would like to have an easement in order to have space to clean and make repairs.
(-) did not state name
- He lives on Desmond Street.
- Everyone on the alley is against the project.
- There is an electrical pole and numerous wires. During the storm season, PG&E needs to be able to access these wires.
- There are several sewage lines underground. If there is a house built there, these lines cannot be accessed.
- If this project is approved, all the houses in the area will be devalued.
(-) Quin Chu Qu
- He is opposed to this project because he does not want the sewage easement to be blocked because it will need to be accessed for repair and maintenance.

ACTION:          Took Discretionary Review and disapproved the project.
AYES:          Chinchilla, Fay, Joe, Salinas, Theoharis
NAYES:          Baltimore
ABSENT:          Lim

          23b.          2002.1041DD          (J. PURVIS: 415-558-6354)
                    23 DESMOND STREET - east side between Leland and Visitacion Avenues, Lot 2A in Assessor’s Block 6249 -- Request for Discretionary Review of Building Permit No. 9906290-S proposing to construct a 2-story, single-family dwelling on a 10-foot-wide lot (an additional building is proposed on this same lot with frontage at 2422 Bayshore Boulevard and is the subject of a separate staff-initiated Discretionary Review), within an NC-2 (Small-Scale Neighborhood Commercial) District with a 40-X Height and Bulk designation.
                    Preliminary Recommendation: Take Discretionary Review and disapprove the project.

SPEAKER(S):          Same as those listed in item 23a.
ACTION:          Took Discretionary Review and disapproved the project.
AYES:          Chinchilla, Fay, Joe, Salinas, Theoharis
NAYES:          Baltimore
ABSENT:          Lim

          24.          2002.0273D          (J. PURVIS: 415-558-6354)
                    366 PENNSYLVANIA STREET - west side between 18th and 19th Streets; Lot 005 in Assessor’s Block 4039: Request for Discretionary Review of Building Permit Application No. 2001/12/20/5739 to construct a second story over the garage level onto an existing one-story-over-garage single-family dwelling in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.
                    Preliminary Recommendation: Do not take Discretionary Review and approve the project.

SPEAKER(S):
(-) Steve Williams – Representing Discretionary Review Requestor
- These buildings have stood side-by-side for about 100 years.
- If there are to be substantial additions made to these buildings, one needs to be careful.
- Although they are not protected, they could be on the City's Survey.
- This project violates the residential design guidelines.
- There will be tremendous impacts because there are no windows on the south side.
- The requests from the DR requestors are quite minimal.
(-) Jerry Peterson – DR Requestor
- He has great respect for his neighbors and is trying to be reasonable.
- He would just like to ask for minor design adjustments that will eliminate the negative impact on light and air to his home.
(-) Sandra Peterson
- She kept a calendar of the dates and times where they have communicated with the project sponsor.
- The neighobrs do not support this project.
(-) Dick Millet
- He is not in support of this project.
(-) Ellen Kernigan
- She has lived on Potrero Hill for 22 years.
- She is upset because the project sponsor will not compromise on minimal changes to this construction.
- She urges the Commission to allow the minimal changes the Peterson's are requesting.
(+) Alice Barkely
- She displayed a photopraph of the project site.
- All of the windows that face the DR requestors will have translucent glass so there will be no issues of privacy.
- This project is well designed, taking into consideration the neibghbors legitimate concerns.
- She hopes that the Commission will approve this project.
(+) Joe O'Donaghue
- The Discretionary Review requestors have the bottom unit as a hotel. This is not correct.
(+) Angus McCarthy
- This project deserves approval since the project has a good design.
- He feels that the only issue here is about a property line window.
(+) Joan Queresca
- She lives on the same street and there are mixed arquitectural designs on the block.
- The project sponsor's design does conform with the designs on the block.
(+) Regan Carroll
- He grew up on Potrero Hill.
- Potrero Hill is not of a uniform architectural style.
- The subject project meets the residential design guidelines.
- The proposal does meet the context of the surrounding buildings.
(+) Bruce Bauman
- He has worked with the Project Sponsor for about 14 years.
- He supports this project.
(+) Lil Wong
- She is a neighbor of the project sponsor.
- She supports this project.
- The project sponsor has been very sensitive to the rest of the neighbors.
- The project sponsor could have designed a much larger addition but he is sensitive to everyone.
(+) Shawn Goreman
- He has done a lot of neighbohrood outreach.
- He loves his house and the neighborhood and would like to remain here.

ACTION:          Did not take Discretionary Review and approved the project.
AYES:          Baltimore, Chinchilla, Fay, Lim, Theoharis
NAYES:          Joe, Salinas


          25.          2001.0592D          (P. VOLLMANN: 415-558-6405)
                    1331 GREEN STREET - south side between Polk and Larkin Streets, Lot 021 in Assessor's Block 0549 - Request for Discretionary Review of Building Permit Application Number 2001/03/30/5663 proposal to construct a new single-family dwelling at the front of the subject lot. The lot already contains a single-family dwelling at the rear. The new structure would be two stories, with parking for two cars on the ground floor, within an RM-2 (Residential, Mixed, Moderate Density) District and a 40-X Height and Bulk District.
                    
SPEAKER(S):
Re: Continuance
Tammy Twarog
- She submitted a letter requesting a continuance of this item because all relevant issues have not been addressed and all efforts of reaching an agreement have been exhausted.
- She spoke to David Cincotta, the opposing counsel, and at that time, he was agreeable to a continuance.
David Cincotta
- He is not in agreement for a continuance.
- He has tried to resolve the issues but there has not been any progress.
- He does not believe that there are any benefits to a continuance.
Elizabeth Wright
- She read a letter from Francisco Centurion requesting that the case be continued.


Re: Merits of the Case
(-) Tammy Twarog
- She lives on Green Street.
- She filed the DR request in connection with various neighbors who are against this project.
- She would like a better way to deal with this.
(-) Elizabeth Wright
- She does not support this project.
(+) David Cincotta – Representing Project Sponsor
- He has known the project sponsor for many years.
- The project sponsor has been involved in the arts for many years. To suggest that the project sponsor would be insensitive to the memory of a historic and noted San Francisco artist is ludicrous.
(+) Stephen Goldstein – Project Sponsor
- He and his wife own the property.
- The DR requestor's claims were that this project would threaten the life of the people that live in the adjacent building. They have tried to supply the neighbors with material from the structural engineers who have done extensive studies of what is required.
- The Building Department will have the advice of one of the best structural engineering firms.
- The garden will be cultivated just as the previous owner has always done.
- Read a letter from Susan D. Martini who is in support of the project.
(+) Barbara Solomon
- She is a member of the San Francisco Arts Commission.
- She knew Emma Gene for many years. She knows that the garden will be maintained just as Emma had it.
- The addition of the handsome structure will help and not hurt the garden.
- She is totally in favor of the project.
(+) Dennis Gallagher
- He lives on Green Street.
- It is very dense living in that part of the City.
- The addition of a garage and an apartment is more appropriate and is completely in keeping with the place.
- He is in favor of the project.
(+) Steven Rodgers
- He owns the six-unit building on Polk Street.
- He is in support of the project because it will be good for the neighborhood. The proposed construction is attractive and will help the property values of the adjacent properties.
- Any improvement to the parking situation on Russian Hill is welcomed.
(+) Tim Matheson - Engineer
- He is representing SOHA Engineering
- It is feasible to support the ground without underpinning.
(+) Emily Keeler
- She is a tenant in the proposed property.
- She read a letter from Bruce Bigelo who is in support of the project.

ACTION:          Did not take Discretionary Review and approved the project.
AYES:          Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis

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. 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: 7:50 P.M.


THE DRAFT MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, June 27, 2002

ACTION:          Approved as Corrected
AYES:                    Baltimore, Chinchilla, Joe, Lim, Salinas, Theoharis
ABSENT:          Fay

Last updated: 11/17/2009 10:00:08 PM