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October 03, 2002

October 03, 2002




Meeting Minutes

Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, October 3, 2002
1:30 PM
Regular Meeting

PRESENT:          Gerald Green, Director of Planning; Lawrence B. Badiner, Zoning Administrator; Judy Boyajian, Deputy City Attorney
ABSENT:          None


STAFF IN ATTENDANCE: Dan DiBartolo; Kate McGee; Dan Sider; Glenn Cabreros; Sara Vellve; Rick Crawford; Patricia Gerber - Transcription Secretary; Linda Avery - Commission Secretary


The Director of Planning or the Zoning Administrator will consider a request for continuance to a later date. The Director of Planning or the Zoning Administrator 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.          2002.0851D          (G. CABREROS: (415) 558-6169)
                    52 CERVANTES BOULEVARD - north side between Fillmore and Beach Streets, Lot 007 in Assessor’s Block 0443A - Request for Discretionary Review of Building Permit Application No. 2002.02.25.9981 proposing to construct a three-story horizontal addition to the rear of an existing single-family residence in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District
                    Preliminary Recommendation: Do not take Discretionary Review and approve as submitted.
                    (Proposed for Continuance to October 24, 2002)

                    ACTION: Continued as proposed

2.          Director's Announcements
          Re: Explained emergency legislation and the limited authority extended to the Director and Zoning Administrator

          3.          Review of Past Week's Events at the Board of Supervisors and Board of Appeals
                    - None

          4.           Consideration of Adoption - draft minutes of Planning Director and Zoning Administrator's Meetings of September 12 and 17, 2002
                    ACTION: September 12, 2002 Minutes: Approved as corrected under Director's
                                        September 17, 2002 Minutes: Approved as drafted


          5.          2002.0452D          (T. TAM: (415) 558-6325)
75 MIRALOMA DRIVE - southeast side, between Juanita Way and Bengal Alley, Lot 34 in Assessor's Block 2973. Discretionary Review request on Building Permit Application No. 2002.02.23.2627s, proposing to construct a new three-story-over-garage, single-family dwelling on a presently vacant parcel in an RH-1-D (Residential, House, One-Family, Detached) 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 September 12, 2002)
NOTE: On September 26, 2002, following public testimony, the Director of Planning closed the public hearing and continued the matter to October 3, 2002 with instructions to the project sponsor. They are to express their commitment to carry forward their proposed recommendations based on yet to be submitted plans; submit the plans; have their engineers assemble all the recommendations in one form--there are [currently] three or four reports with the recommendations spread throughout. The recommendations should deal with making sure the design is appropriate for the structure and retaining walls; make sure the grading is carried out properly--both during and after construction; explain what steps are going to be taken to protect the topography afterwards. Submit this to the Department separately and as amendments to the building plan. Also, submit a complete formal and professional profile that shows the entire condition including the DR requestor's property. This should be presented to the DR requestor as well as here (at next hearing). The public hearing may be re-opened to allow testimony on any new information presented.

SPEAKER (S): (On continuance only)
(+) Christopher Moscone, Representing Project Sponsor
-          Project Sponsor requested one week continuance
(+) Carl Heisler, Representing Discretionary Review Requestor
- Did not object to the one week request for continuance
          ACTION: Without further hearing, continued to October 10, 2002

          6.          2002.0401C          (D. DiBARTOLO: (415) 558﷓6291)
531-539 MISSION STREET - south side between First and Second Streets; Lots 068 and 083 in Assessor’s Block 3721 - Request for a temporary (two year) Conditional Use authorization under Planning Code Section 156 (h) for public parking on a surface lot in a C-3-O District and a 550-S Height and Bulk District. The project site comprises two lots. The proposal is to demolish the vacant three-story unreinforced masonry building on Lot 083 and to install a surface parking lot on that site as well as the adjacent vacant Lot 068. The combined lots would provide up to 66 parking spaces. In April 2000, the Planning Commission approved an office project at this site. The proposed parking lot would be temporary, providing authorization for this use for two years.
                    Preliminary Recommendation: Approval with conditions
                    (Continued from Regular Meeting of September 26, 2002)

(+) Jim Ruben, Representing Project Sponsor
- Gave a description of the project
ACTION: Approved the permit as submitted with 24 box specimen for mature trees as part of landscaping; this motion should acknowledge the prior approval.
MOTION No.          16465

          7.          2002.0155C          (K. McGEE: (415) 558-6367)
                    1221 OAKDALE AVENUE - south side between Ingalls and Griffith; Lot 11 in Assessor's Block 4733 - Request for Conditional Use authorization to construct an addition to a church in an RH-1 (Residential House - One Family) Zoning District and in a 40-X Height and Bulk District, per Planning Code Section 209.4(j). The proposal is to renovate the existing church and to construct a new addition to include a fellowship hall, offices, restrooms and chapel/meeting rooms and to construct an auxiliary structure to provide temporary housing.
                    Preliminary Recommendation: Approval with conditions
                    (Continued from Regular Meeting of August 22, 2002)
                              SPEAKER (S):          
                              (+) Buddy Choy, Deputy Administrator of the San Francisco Housing Authority
-          In support of the project
-          It is a very crucial project
-          Project is adjacent to the Hunter's Point Housing Project and we have worked out a parking arrangement.
(+) Ernie Jackson
-          This has been a long effort
-          Community is supporting this project
-          Project overall will benefit the entire community
(+) Stephanie Welch, Project Sponsor/Project Architect
-          Gave an overall description of the project
(+) Charles Harris
- Supports the project
                    ACTION: Approval with applicant to address parking issue as they come up. Replacement parking on the adjoining site is under control of the Housing Authority. CEQA, General Plan considerations, and design issues are to move forwarded before the Building Permit is issued for the 1st. phase.
                    MOTION NO. 16466
          8.          2002.0440C          (D. SIDER: (415) 558﷓6697)
          77-79 SHOTWELL STREET - east side, between 14th and 15th Streets; Lot 066 in           Assessor’s Block 3549 - Request for Conditional Use Authorization to allow [1] the construction of three dwelling units pursuant to Planning Code Section 215(a) and [2] the creation of housing outside a Residential District not providing at least 25 percent of the total number of units as affordable units, pursuant to Board of Supervisors Resolution Number 500-02 (Amended Mission District Interim Controls) in an M-1 (Light Industrial) Zoning District, a Mixed-Use Housing Zone, the area subject to the Mission District Interim Controls, and a 50-X Height and Bulk District.
                    Preliminary Recommendation: Approval with Conditions.
          (Continued from Regular Meeting of August 22, 2002)
          SPEAKER (S):
          (+) David Silverman, Representing Project Sponsor
-          This site has been a residential use for 9 years already
-          The former burned building had two units; the new building would have 3 units
-          One of the benefits of this proposal is that the new unit has 3 bedrooms, which is a huge demand in the Mission District.
ACTION:           Approved as staff recommended
          MOTION NO.           16467


Procedures governing Discretionary Review Hearings are as follow: Discretionary Review Requestor(s) are provided with up to five (5) minutes for a presentation and those in support of the Discretionary Review Requestor(s) are provided with up to three (3) minutes each. The Project Sponsor is then provided with up to five (5) minutes for a presentation and those in support of the project are provided with up to three (3) minutes each. At the conclusion, each side (not each person) is provided with 2 minutes for a rebuttal.
          9.          2002.0962D          (D. SIDER: (415) 558-6697)
641 & 649 ARKANSAS STREET - east side between 20th and 22nd Streets, Lots 034 and 035 in Assessor’s Block 4099 - Mandatory Discretionary Review of Building Permit Applications 2001.09.24.9059 and 2001.09.24.9060 for two adjacent lots, each containing an existing single-family dwelling. Under proposed conditions, the dwelling on each lot would be demolished and, under separate permit, replaced with a new single-family dwelling. The property is located in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. Mandatory Discretionary Review is required under Planning Commission policy for projects proposing the demolition of housing.
                    Preliminary Recommendation: Do not take Discretionary Review and approve the demolition applications.

          SPEAKER (S):
(+) David Silverman, Rep. Project Sponsor
-          Emphasized that they do not dispute the status of the existing buildings. They are unsound and would not stand an earthquake. They need to be taken down.
(+) Bruce Bauman
-          Initially this project was presented with 16-foot wide garage doors.
-          Reason for having 16-foot wide garage doors is to respond to neighborhood concerns about providing two independently accessible parking spaces for each house.
          ACTION: Recommended that discretionary review not be taken and the project

          10.          2002.0725DD          (G. CABREROS: (415) 558-6169)
1170-1180 GREEN STREET - north side between Hyde and Leavenworth Streets, Lot 012 in Assessor’s Block 0122 - Requests for Discretionary Review of Building Permit Application No. 9925728S proposing to add a new fourth floor and penthouse to an existing three-story, six-unit building in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District. The project also includes five new parking spaces in the ground floor, four of which are accessed from Green Street, and one which is accessed from Delgado Place.
Preliminary recommendation: Take Discretionary Review and approve with modifications.

(+) Michelle Sudduth, DR requestor – Russian Hill Community Association
-          Project Sponsor consistently misrepresented information.
-          There is a history of inaccurate, miss-leading and missing information that leads us to reject this project in its entirety and ask you to deny the building permit.
-          In the current configurations the project exceeds the 45 foot limits by using too many devices, such as skylights which increases the ceiling height; and building volume of the fourth floor; and a fifth floor addition--which is actually a mechanical penthouse.
-          The mechanical penthouse is clearly a usable space.
-          Pointed out that the Project Sponsor has misrepresented the light well on the drawings by four (4) feet
-          Sponsor also neglected to indicate the windows on the (adjacent) building, they are original windows and they are grandfathered in.
- Urge Planning Director to denied the application
(+) Helen Courtney
          - Opposed the project
          (+) Erick Schwertzel
-          -          Concerned about losing his privacy
(+) Claire Blume
- Concerned about the loss of air, light and privacy
          - Asked that the application be denied
(+) Amy Graff
          - Concerned about the noise
(+) Frank Lew
- Urge Planning Director to deny the application
(+) James Lew
- Opposed the project
(+) Richard Learner
- The whole neighborhood is in opposition
(+) Joann Allen
-          If this project is approved, it will result in a severe reduction in the value of her property
(+) Julie Norris
- Opposes the project
(+) Linda Marks
- This project will be out of character with the rest of the neighborhood
(+) Chris Arrott
-           This project will create a claustrophobic habitat for his home
-           Project will also create a devaluation of his property
(+) Craig Copp
- Opposed the project
(+) Hiroshi Fukuda
- Is opposed to the project
(-) Barbara Jay
- This project will impact nearby residents and the unique character of the neighborhood
(-) Jeffrey Prod, Architect
- Gave a description of the design of the project
(-) Jeff Horowitz, property owner
- Asked the Planning Director to approve the application
(-) Bruce Lyle
-          Supports the project
(-) Michael Schwinn
- The new design will fit with the character of the neighborhood
(-) Mona Moattar
- Supports the project
(-) John Gardiner
- Is in support of this project
(-) James Walbridge
-          Read a couple of letters in support of the project from other neighbors
ACTION: Recommended that Discretionary Review be taken and the project approved as modified:
1)          Penthouse - The penthouse shall be reduced to the minimum size necessary to allow for stair access. The stair penthouse shall be located at least 10 feet away from any property line and the required rear yard line. The furnace within the proposed penthouse shall be relocated elsewhere in the building. The proposed elevator shall be eliminated at the roof.
2)          Property Line Window adjacent to Rear Yard Area - The side property line wall located to the east and within the rear yard area shall be reduced to the minimum height required by the Building Code (3 feet) to protect the property line window at 1158-1168 Green Street.
3)          Light to Delgado Place – The glass proposed for the windscreen shall be transparent and not tinted.
4)          Treatment of the Ground Floor and Street Trees – No more than three independently accessible parking spaces may be proposed along Green Street provided that two replacement street trees are approved by the Department of Public Works (DPW). The proposed fourth garage door to the west (downhill) shall be eliminated. One street tree shall be located towards the middle of the building and a second street tree shall be placed toward the west (downhill) side. If two street trees are not feasible, per DPW, garage entrances along Green Street shall not be permitted. Furthermore, if possible, the proposed garage openings on Green Street should be placed so that the existing street trees (one or both trees) are retained.
5)          Matching Light Well – At the proposed fourth floor, a matching light well shall be provided along the east property line. The rear wall of the proposed light well shall align with the rear wall of the neighboring light well.
6)          Skylight – The proposed skylight on the roof shall not exceed a maximum height of three feet above any point along the ceiling line.
7)          Trellises – The trellises/ornamentation proposed over the garage entries along Green Street shall be eliminated.
8)          Elevation - The project architect shall provide an elevation of the existing
building as part of the building permit application.

          11.          2002.0704DD          (S. VELLVE: (415) 558-6263)
1968 11TH AVENUE - east side between Pacheco and Ortega Streets, Lot 016 in Assessor's Block 2124A - Request for Discretionary Review of Building Permit Application No. 2002.02.06.8623 proposing to construct a three-story rear addition to the existing three-story home in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the proposal as modified.

                    SPEAKER (S):
                    (+) Saptarshi Desai, Discretionary Review Requestor
-          This kind of expansion will create a big impact on his backyard
-          Concerned about the noise and damage on the landscape
(+) Vince Rinaldi, Discretionary Review Requestor
-          Agreed with Mr. Desai
-          Read letter of support from Christina and Armand Venera
(+) Mariel Batjiaka
-          Urged Planning Director to deny application
(+) Joan Lakin
-          Asked that application be denied
(-) Sarah Shane, Project Sponsor
-          Would like to expand her home to be able to raise their kids
ACTION: Recommended that Discretionary Review not be taken and permit granted

          12.          2002.0720D          (K. SIMONSON: 415-558-6321)
531 28TH AVENUE - west side between Geary Boulevard and Anza Street, Lot 5 in Assessor's Block 1516 - Request for Discretionary Review of Building Permit Application 2001.11.03.2426, to add a second unit to the single-family building, add a floor to the existing 3-story structure, and convert the ground floor to a two-car garage. The subject property is in an RM-1 (Mixed Residential, Low Density) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the project.

          13.          2002.0893DD          (R. CRAWFORD: (415) 558-6358)
231 ORTEGA STREET - south side between 9th and 10th Avenues. Assessor’s Block 2125 Lot 001F - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of Demolition Permit Application No. 2002 0610 8552 to demolish a existing single family house and a request for Discretionary Review Building Permit Application No. 2002 0610 8558 and to construct a new single family house, in an RH-1 (Residential House, One Family) District, and a 40-X Height and Bulk district.
Preliminary Recommendation: Take Discretionary Review and disapprove the demolition and building permits.
                    SPEAKER (S):
                    (+) Sue Hestor, Representing Discretionary Review Requestor
-          Supports staff analysis on demolition.
-          We need to keep the supply of reasonably sized housing in the City.
(+) David Blymen, Discretionary Review Requestor
-          Addressed the impact of this project on his property
(+) Hugh Conroy
-          Opposed the project
(-) Chuck Young, Project Sponsor
-          House appears to be well maintained, but it is not.
-          House is currently occupied.
-          Needs to expand for his family.
(-) Kimberly Young
-          House is very crowded, there are 6 people living there
-          It will be beneficial to her, to be able to do her studies                     
(-) Kwai Young
-          House is very small
-          Needs a bigger space for all her family
(-) Ha Wong
-          Very dangerous living in the house, stairs are very steep
(-) Chun Wong                    
-          Rooms are very small
(-) Tit Ying Yee
- Asked Director to approve the project
ACTION: Recommended that Discretionary Review be taken and demolition permit not granted.


At this time, members of the public may address the Director of Planning or the Zoning Administrator on items of interest to the public that are within the subject matter jurisdiction of the Director of Planning or the Zoning Administrator except agenda items. With respect to agenda items, your opportunity to address the Director of Planning or the Zoning Administrator will be afforded when the item is reached in the meeting. Each member of the public may address the Director of Planning or the Zoning Administrator for up to three minutes.


Adjournment: 6:30 p.m


SPEAKERS:          None
ACTION:          Director Approved

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