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November 14, 2002

November 14, 2002

 

SAN FRANCISCO PLANNING COMMISSION



SAN FRANCISCO
PLANNING COMMISSION
Meeting Minutes

Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, November 14, 2002
1:30 PM
Regular Meeting

COMMISSIONERS PRESENT:          Michael J. Antonini; Rev. Edgar E. Boyd; Shelley Bradford Bell; Lisa Feldstein; Kevin Hughes; Sue Lee; William L. Lee
COMMISSIONERS ABSENT:          None

THE MEETING WAS CALLED TO ORDER BY COMMISSION SECRETARY, LINDA AVERY AT 1:35 p.m.

STAFF IN ATTENDANCE: Gerald Green – Director; Larry Badiner -Zoning Administrator; Geoffrey Nelson; Craig Nikitas; Larry McDonald; Diane Lim; Jim Nixon; Paul Maltzer; Michael Berkowitz; Amit Ghosh; Jean-Paul Samaha; Ben Fu; Michael Smith; Nora Priego – Transcription Secretary; Linda Avery - Commission Secretary

A.          CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE -- NOTE: THIS CATEGORY WAS TAKEN OUT OF ORDER AND FOLLOWED THE DIRECTOR'S REPORT.

D.          COMMISSION MATTERS

          1.          Election of Officers

NOMINATIONS FOR PRESIDENT: Shelley Bradford Bell
ACTION:          Approved
AYES:          Antonini; Boyd; Feldstein; Hughes; Sue Lee; William Lee
ABSENT:          None

NOMINATIONS FOR VICE PRESIDENT: Antonini and Sue Lee
ACTION:          Sue Lee withdrew her name from nomination

ACTION:          Approved for Antonini
AYES:                    Boyd; Bradford Bell; Feldstein; Hughes; Sue Lee; William Lee
ABSENT:          None




          2.          Overview of Public Meeting Laws (Brown Act and Sunshine Ordinance) and Overview of Conflict of Interest, Financial Disclosure and Other Governmental Ethics Laws.

Speaking on an Overview of Public Meeting Laws (Brown Act and Sunshine Ordinance):
A PowerPoint presentation was given by Paul Zuraski, Deputy City Attorney.

Speaking on Governmental Ethics Laws:
Claire Sylvia, Deputy City Attorney with the City Attorney's Office

SPEAKER (S):
John Bardis
- Having been involved with the Commission for many years, he believes the best way to communicate with Commissioners is publicly so all who are concerned--Commissioners and those in opposition--can hear what is said at the same time.
- The Commission has an undivided duty to the public.
- He believes that there should not be any private contact from the public to the Commissioners.

ACTION:          Informational Only. No Action Required

          3.          Consideration of Adoption - draft minutes of June 13, 20, and 27, 2002.

                    ACTION:          Adopted, with the understanding that this Commission was not sitting at the time of these meetings.
                    AYES:          Antonini; Boyd; Bradford Bell; Feldstein; Hughes; Sue Lee; William Lee

          4.           Commission Comments

Commissioner Hughes:
- He would like a briefing on Roberts Rules of Order and any regulations that provide operating procedures for Planning Commission hearings.

Commissioner William Lee:
- He would like to have other agencies involved with the Planning Department schedule a hearing and give presentations before this Commission.

C.          DIRECTOR'S REPORT

          5.          Director's Announcements
- Welcomed the new Commissioners.
- Informed them (the Commission) that there are still about 125 backlogged cases that they will eventually hear.
- Presented the senior staff members of the Planning Department.

Re: Budget Forecast
- The City will face a $170,000,000 shortfall for fiscal year 2003-2004.
- All City Departments will have to submit to the Mayor's Office plans for reducing their reliance on the General Fund by 3%. A plan should be submitted which will state how the department will generate additional revenue or cover expected costs.
- A contingency plan will have to be submitted by next fiscal year for further reductions of about 5%.
- The work program and budget will be presented to the Commission in January so decisions can be made prior to the deadline of February 20.
- He will be meeting with the Mayor's Office and the Board of Supervisors and will be consulting with Commissioners to help the department in developing important strategic objectives that the department needs to carry out in the next fiscal year.
- Citywide Action Plan and the Better Neighborhoods Program, Enforcement, and staffing needs (as well as other work programs) will be presented to the Commission at future hearings.

          6.          Scheduling Commission Items and Upcoming Briefing Schedule

                    Proposed Schedule:
Thursday, November 21          Regular Meeting          Room 400 – 1:30 p.m.
Tuesday, November 26          Proposed Meeting          Room 408 – 12:00 to 3:00 p.m.
Thursday, November 28          Meeting Cancelled          Thanksgiving Holiday
Tuesday, December 3          Proposed Meeting          Room 421 – 1:00 to 4:00 p.m.
Thursday, December 5          Regular Meeting          Room 400 – 1:30 p.m.
Tuesday, December 10          Proposed Meeting          Room 416 – 12:00 to 3:00 p.m.
Thursday, December 12          Regular Meeting          Room 400 – 1:30 p.m.
Tuesday, December 17          Proposed Meeting          Room 408 – 1:00 to 4:00 p.m.
Thursday, December 19          Regular Meeting          Room 400 – 1:30 p.m.
Thursday, December 26          Meeting Cancelled          Christmas Holiday
Thursday, January 2          Meeting Cancelled          New Year's Holiday

Approved Schedule:
Thursday, November 21          Regular Meeting          Room 400 – 12:30 p.m.
Tuesday, November 26          Special Meeting          Room 408 – 12:30 to 3:00 p.m.
Thursday, November 28          Meeting Cancelled          Thanksgiving Holiday
Thursday, December 5          Regular Meeting          Room 400 – 12:30 p.m.
Tuesday, December 10          Special Meeting          Room 416 – 12:30 to 3:00 p.m.
Thursday, December 12          Regular Meeting          Room 400 – 12:30 p.m.
Tuesday, December 17          Special Meeting          Room 408 – 12:30 to 4:00 p.m.
Thursday, December 19          Regular Meeting          Room 400 – 12:30 p.m.
Thursday, December 26          Meeting Cancelled          Christmas Holiday
Thursday, January 2          Meeting Cancelled          New Year's Holiday

SPEAKER (S):
Sue Hestor
- Because there many cases that require action, she would like to have briefings pushed back.
- Briefings should be done toward the end of the meeting.
- She would like the order of the agenda be changed so that Public Comment comes in the beginning.
- She welcomed the new Commission.
Jeffrey Heller – San Francisco Chapter of the AIA (American Institute of Architects)
- He welcomed the new Commission.
- He has communicated to the Director that he is available to be part of the briefings regarding the Downtown Plan, The Embarcadero Roadway, The Third Street Corridor and Residential Design Guidelines.

ACTION:          Informational Only. No Action Required.

          7.          Review of Past Week's Events at the Board of Supervisors and Board of Permit Appeals:
BOS:
Jean Paul Samaha gave a presentation on the link between the Director of Planning, the Planning Department, and the Board of Supervisors.

BOA:
Larry Badiner gave a brief overview of the link between the Zoning Administrator, the Planning Commission and the Board of Appeals.

Board of Appeals matters from November 13, 2002:
The following two items were not appeals of the Commission's actions but appeals of the Zoning Administrator's actions:

344 Taraval Street
- The Department felt that a second story residential unit had been eliminated without proper permits.
- This would have required a Conditional Use.
- The Zoning Administrator suggested they apply for a Conditional Use and/or put the unit back.
- That decision was appealed to the BOA but before this case came before them, the owner filed for a Conditional Use permit. The BOA continued the case to February 29, 2003 to allow the Commission to hold a hearing on the Conditional Use request.

1968 Powell Street
- This is a site called  Battle Zone where there are a number of computers used for gaming and other purposes. The Planning Code has not addressed these issues, yet it does address pinball machines as amusement devises.
- The Zoning Administrator made an interpretation that computers in this case were closest to an amusement devise and there could not be more than 10. He also determined that this would require a conditional Use.
- The BOA voted +1-3 not to uphold the ZA (which meant the ZA was upheld).
- The BOA rescinded the vote and continued the item requesting that the project sponsor obtain a Conditional Use.
- The neighbors who started this issue will have an opportunity to be heard before the Planning Commission.

          8.           Consideration of Adoption - draft minutes of Planning Director and Zoning Administrator's Meetings of October 10, 17, and 24, 2002.

ACTION:          October 17, 2002 -- Approved with Corrections
                    October 10 and 24, 2002 – Approved

D.          CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

The Planning Commission will consider a request for continuance to a later date. The Planning 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.

          9a.          1999.554CD           (J. PURVIS: (415) 558-6354)
                    601 KING STREET - southeast corner at 7th Street, a through lot with frontage on Berry Street; Lots 1 and 2 in Assessor's Block 3800 - Request for Conditional Use approval under Planning Code Sections 215 and 304 to develop a mixed-use PUD (Planned Unit Development), with 250 dwelling units, up to 6,000 gross square feet of commercial space, and a 250-space garage, with exceptions from rear yard requirements of Section 134, and subject to mandatory Discretionary Review, within an M-2 (Heavy Industrial) Zoning District, a 50-X Height and Bulk District, and within the Industrial Protection Zone.
                    Preliminary Recommendation: No recommendation. See staff report.
                    NOTE: On June 20, 2002, following public testimony, the Commission closed the public hearing. The Commission entertained a motion to approve. The motion failed to carry by a +2 -3 vote. Commissioners Baltimore, Chinchilla and Theoharis voted no. Commissioners Fay and Salinas were absent. At the call of the Chair, the matter was continued to July 11, 2002.
                    (Continued from Regular Meeting of September 12, 2002)
                    (Proposed for Continuance to November 21, 2002)

SPEAKER (S):
Sue Hestor
Re: Continuance
- She is glad that this case will be continued.
- She would like to find out if the Commission will have a briefing before the Commission on what's going on in Industrial zone rezoning, the NEMIZ, projects in the Mission District, etc.

ACTION:          Continued to January 16, 2003
AYES:          Antonini, Boyd, Bradford Bell, Feldstein, Hughes, Sue Lee, William Lee

          9b.          1999.554CD          (J. PURVIS: (415) 558-6354)
                    601 KING STREET - southeast corner at 7th Street, through lots with frontage on Berry Street; Lots 1 and 2 in Assessor's Block 3800 - Mandatory Discretionary Review under Planning Commission Resolution No. 16202 for the demolition of two industrial buildings within the Industrial Protection Zone and the construction of a mixed-use Planned Unit Development in an M-2 (Heavy Industrial) Zoning District, a 50-X Height and Bulk District and within the Industrial Protection Zone.
                    Preliminary Recommendation: No recommendation. See staff report.
                    NOTE: On June 20, 2002, following public testimony, the Commission closed the public hearing. The Commission entertained a motion to approve. The motion failed to carry by a +2 –3 vote. Commissioners Baltimore, Chinchilla and Theoharis voted no. Commissioners Fay and Salinas were absent. At the call of the Chair, the matter was continued to July 11, 2002.
                    (Continued from Regular Meeting of September 12, 2002)
                    (Proposed for Continuance to November 21, 2002)

SPEAKER (S):          Same as those listed in item 9a.
ACTION:          Continued to January 16, 2003
AYES:          Antonini, Boyd, Bradford Bell, Feldstein, Hughes, Sue Lee, William Lee

          10a.          2002.0934AKXV (M. LUELLEN: (415) 558-6478)
                    333 GRANT AVENUE - on the west side between Bush and Sutter Streets, at Harlan Place, on Assessor's Block 286, Lot 002 in a C-3-R (Downtown Retail) District, and an 80-130-F Height and Bulk District. The subject property is Landmark No. 141 under Article 10; is rated as a Category I (Significant) Building within the Kearny-Market-Mason-Sutter Conservation District under Article 11. The project requests a Review under Planning Code Section 309 for exterior alterations for conversion of the existing vacant office building into a mixed-use building with ground floor retail and up to 45 dwelling units, for a rear yard exception as permitted under Section 134(d), and for a height exception as permitted under Section 263.8. The project is also the subject of a requested Variance of Planning Code standards for parking and dwelling unit exposure, to be heard concurrently.
                    Preliminary Recommendation: Approval with conditions
                    (Continued from Regular Meeting of October 24, 2002)
          (Proposed for Continuance to November 21, 2002)

SPEAKER (S):          None
ACTION:          Continued as Proposed
AYES:          Antonini, Boyd, Bradford Bell, Feldstein, Hughes, Sue Lee, William Lee

          10b.          2002.0934AKXV (M. LUELLEN: (415) 558-6478)
                    333 GRANT AVENUE - on the west side between Bush and Sutter Streets, at Harlan Place, on Assessor's Block 286, Lot 002 in a C-3-R (Downtown Retail) District, and an 80-130-F Height and Bulk District. The subject property is Landmark No. 141 under Article 10; is rated as a Category I (Significant) Building within the Kearny-Market-Mason-Sutter Conservation District under Article 11. Request for a Variance of Planning Code standards for parking, to provide zero spaces where up to ten off-street parking spaces would be required, and for dwelling unit exposure (Section 140), for a new residential use in a vacant former office building. The project is the subject of a Review under Section 309, to be heard concurrently.
                    (Continued from Regular Meeting of October 24, 2002)
                    (Proposed for Continuance to November 21, 2002)

SPEAKER (S):          None
ACTION:          Continued as Proposed
AYES:          Antonini, Boyd, Bradford Bell, Feldstein, Hughes, Sue Lee, William Lee

          11.          2000.1090E           (B. HELBER: (415) 558-5968)
          300 SPEAR STREET - Draft Environmental Review Public Hearing. Rezoning of parcels in the Rincon Hill neighborhood (the  rezoning project ) and a mixed-use development of approximately 1,560,000 gross square feet (gsf) at 300 Spear Street (the  development project ). The property is currently used as a surface parking lot. The rezoning project includes rezoning Lots 1 and 8 in Assessor's Block 3745, and part of Lot 1 in Assessor's Block 3746 from the existing P (Public) to a zoning district that allows private development. The requested rezoning is from P (Public) with height limits of 105, 150 and 200 feet to RC-4 (Residential-Commercial Combined: High Density) with 300- and 400-foot height limits. In addition, a Planning Code text amendment is under review to create a new Residential/Commercial sub-district under the Rincon Hill Special Use District overlay, and amendments to the Rincon Hill Area Plan, a part of the San Francisco General Plan. [The rezoning is in conjunction with the proposed development at 201 Folsom Street on Assessor's Block 3746, Lot 1]. The third parcel to be rezoned is 345 Main Street, Lot 8 in Assessor's Block 3745. The development project would consist of up to 820 residential units, about 60,000 gsf of retail, about 50,000 gsf of office space, and about 960 underground parking spaces. Eighty-foot-tall building bases would be built to the property lines on Spear, Folsom and Main Streets; the bases would enclose a landscaped courtyard at the third level. Two residential towers would be constructed above the bases to total heights of approximately 350 feet and 400 feet above the ground surface level, respectively.
                    Preliminary Recommendation: No Action Required
                    (Continued from Regular Meeting of October 24, 2002)
                    (Proposed for Continuance to November 26, 2002)

SPEAKER (S):          None
ACTION:          Continued as Proposed
AYES:          Antonini, Boyd, Bradford Bell, Feldstein, Hughes, Sue Lee, William Lee

          12.          2000.1073E          (B. HELBER: (415) 558-5968)
                    201 FOLSOM STREET - Draft Environmental Review Public Hearing. Rezoning of parcels in the Rincon Hill neighborhood (the  rezoning project ) and a residential development of approximately 1,500,000 gross square feet (gsf) at 201 Folsom Street (the  development project ). The property is currently used as a paved parking lot by the United States Postal Service (USPS) Annex and other government agencies for 270 vehicles. The rezoning project includes rezoning part of Lot 1 in Assessor's Block 3746 and Lots 1 and 8 in Assessor's Block 3745 from the existing P (Public) to a zoning district that allows private development. The project proposed rezoning is from P (Public) with height limits of 150 and 200 feet to RC-4 (Residential-Commercial Combined: High-Density) with a 300- and 400-foot height limit. In addition, a Planning Code text amendment is under review to create a new Residential/Commercial sub-district under the Rincon Hill Special Use District overlay, and amendments to the Rincon Hill Area Plan, a part of the San Francisco General Plan. The rezoning is in conjunction with development proposed at 300 Spear Street on Assessor's Block 3745, Lot 1. The third parcel requested to be rezoned is 345 Main Street, Lot 8 in Assessor's Block 3745. The development project would consist of up to 820 residential units (about 910,000 gsf) and about 30,000 gsf of retail space. It would include about 880 enclosed parking spaces and five loading spaces for the use of the development, and about 270 enclosed replacement parking spaces for the use of the USPS and other government agencies. An 80-foot-tall base would cover the site. Two residential towers would be constructed above the base to total heights of approximately 350 feet and 400 feet above the ground surface level. The project would require a subdivision of Lot 1 to separate the development site from the Postal Service Annex.
                    Preliminary Recommendation: No Action Required
                    (Continued from Regular Meeting of October 24, 2002)
                    (Proposed for Continuance to November 26, 2002)

SPEAKER (S):          None
ACTION:          Continued as Proposed
AYES:          Antonini, Boyd, Bradford Bell, Feldstein, Hughes, Sue Lee, William Lee

          13.          2002.0333E          (J. KUGLER (415) 558-5983)
                    270 VALENCIA STREET - Lot 9 in Assessor’s Block 3533. The site is located on an irregular-shaped parcel surrounding the southwest corner lot of Valencia and Brosnan Streets with frontages on both Valencia and Brosnan Streets. Appeal of a Preliminary Mitigated Negative Declaration. The project involves demolition of an existing single-story un-reinforced masonry structure and the construction of one large building that would cover the entire project site with 28 dwelling units in two four-level structures separated by a raised second-level plaza/open space over a ground floor with parking and retail space. The 31 proposed parking spaces would be on two levels. A pedestrian entrance and 21 underground parking spaces would be accessed from Valencia Street. An additional pedestrian entrance and 10 parking spaces would be accessed from Brosnan Street. The project site is located in the Mission Neighborhood, is zoned C-M (Heavy Commercial) and is within the 50-X Height and Bulk District.
                    Preliminary Recommendation: Uphold the Mitigated Negative Declaration.
                    (Continued from Regular Meeting of September 12, 2002)
                    (Proposed for Continuance to December 5, 2002)

SPEAKER (S):          None
ACTION:          Continued as Proposed
AYES:          Antonini, Boyd, Bradford Bell, Feldstein, Hughes, Sue Lee, William Lee

          14a.          2002.0466E!KXC           (M. LI: (415) 558-6396)
                    555 and 575 MARKET STREET - south side between 1st and 2nd Streets; Lots 057 and 058 in Assessor’s Block 3708 - Request under Planning Code Section 309 for a Determination of Compliance and Request for Exceptions including: an exception to the separation of towers requirements as permitted in Section 132.1(c)(2), an exception to the rear yard requirements as permitted in Section 134(d), and an exception to the bulk requirements as permitted in Sections 270 and 272. The proposal is to allow (a) the relocation of approximately 81,700 square feet of office space from 575 Market Street to 555 Market Street, (b) the conversion of approximately 241,400 square feet of office space at 575 Market Street to 134 dwelling units, and (c) the provision of approximately 136 independently accessible parking spaces with valet service providing a total of approximately 176 parking spaces. The project site lies within a C-3-O (Downtown Office) District and a 300-S and 500-S Height and Bulk District.
                    Preliminary Recommendation: Approval with conditions
                    (Proposed for Continuance to December 5, 2002)

SPEAKER (S):          None
ACTION:          Continued as Proposed
AYES:          Antonini, Boyd, Bradford Bell, Feldstein, Hughes, Sue Lee, William Lee

          14b.          2002.0466E!KXC           (M. LI: (415) 558-6396)
                    555 and 575 MARKET STREET, south side between 1st and 2nd Streets; Lots 057 and 058 in Assessor’s Block 3708 - Request for conditional use authorization to provide off-street parking that exceeds an amount classified as accessory. The proposal is to allow (a) the relocation of approximately 81,700 square feet of office space from 575 Market Street to 555 Market Street, (b) the conversion of approximately 241,400 square feet of office space in 575 Market Street to 134 dwelling units, and (c) the provision of approximately 136 independently accessible parking spaces with valet service providing a total of approximately 176 parking spaces. The project site lies within a C-3-O (Downtown Office) District and a 300-S and 500-S Height and Bulk District.
                    Preliminary Recommendation: Approval with conditions
                    (Proposed for Continuance to December 5, 2002)

SPEAKER (S):          None
ACTION:          Continued as Proposed
AYES:          Antonini, Boyd, Bradford Bell, Feldstein, Hughes, Sue Lee, William Lee

          15.          2002.0618C          (D. SIDER: (415) 558-6697)
                    560 VALENCIA STREET - west side between 16th and 17th Streets; Lot 009 in Assessor's Block 3568 - Request for Conditional Use Authorization to allow the establishment of a nonresidential use size in excess of 2,999 square feet pursuant to Planning Code Section 726.21 and 790.130 and in excess of 2,000 square feet pursuant to Board of Supervisors Resolution Number 500-02 (Mission District Interim Controls) in the Valencia NCD (Valencia Street Neighborhood Commercial District), the area subject to the Mission District Interim Controls, and a 50-X Height and Bulk District. The proposal is to subdivide an existing furniture store of 7,630 gross square feet into two smaller establishments of 3,191 gross square feet each. The use of the northern bay would be converted to that of a full-service restaurant as defined by Planning Code Section 726.42 while the southern bay would remain a retail use as defined by Planning Code Section 726.40. Exterior alterations are limited to storefront improvements for each bay.
                    Preliminary Recommendation: Approval with conditions.
                    (Continued from Regular Meeting of October 24, 2002)
                    (Proposed for Continuance to December 12, 2002)

SPEAKER (S):          None
ACTION:          Continued as Proposed
AYES:          Antonini, Boyd, Bradford Bell, Feldstein, Hughes, Sue Lee, William Lee

          16.          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 the project as submitted.
                    (Continued from Regular Meeting of October 24, 2002)
                    (Proposed for Continuance to December 12, 2002)

SPEAKER (S):          None
ACTION:          Continued as Proposed
AYES:          Antonini, Boyd, Bradford Bell, Feldstein, Hughes, Sue Lee, William Lee


          17a.          2002.0937DD           (K. SIMONSON: (415) 558-6321)
                    355-57 20thAVENUE - west side between Geary Boulevard and Clement Street, Lot 11 in Assessor's Block 1452 - Mandatory Discretionary Review, under the Planning Commission’s policy requiring review of housing demolition, of Building Permit Application No. 2001.12.06.4674, proposing to demolish a two-story over garage building containing two dwelling units. 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 demolition as submitted.
                    (Proposed for Continuance to December 12, 2002)

SPEAKER (S):          None
ACTION:          Continued as Proposed
AYES:          Antonini, Boyd, Bradford Bell, Feldstein, Hughes, Sue Lee, William Lee

          17b.          2002.0937DD          (K. SIMONSON: (415) 558-6321)
                    355-57 20thAVENUE - west side between Geary Boulevard and Clement Street, Lot 11 in Assessor's Block 1452 - Request for Discretionary Review of Building Permit Application 2001.12.06.4676S, to construct a new three-story over garage building containing three dwelling units. 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 as submitted.
          (Proposed for Continuance to December 12, 2002)

SPEAKER (S):          None
ACTION:          Continued as Proposed
AYES:          Antonini, Boyd, Bradford Bell, Feldstein, Hughes, Sue Lee, William Lee

          18.          2000.0413DD & 2002.0874DD          (M. WOODS: (415) 558-6315)
                    226 17th AVENUE - east side between California and Clement Streets, Lot 29A in Assessor’s Block 1417 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Permit Application No. 9914684 for the demolition of a two-story, single-family dwelling and Discretionary Review of Building Permit Application No. 9914683S, requested by the public, proposing to construct a three-story, two-unit building. The subject property is located within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
                    Preliminary Staff Recommendation: Do not take Discretionary Review and approve both applications as proposed.
                    (Continued from Regular Meeting of October 10, 2002)
                    NOTE: On October 10, 2002, following public testimony the Planning Director closed public hearing and continued the matter to November 14, 2002, so project sponsor can respond to questions raised by the Zoning Administrator.
                    (Proposed for Continuance to January 16, 2003)

SPEAKER (S):          None
ACTION:          Continued as Proposed
AYES:          Antonini, Boyd, Bradford Bell, Feldstein, Hughes, Sue Lee, William Lee

          19.          2002.0609C           (D. DIBARTOLO (415) 558-6291)
          661 BROADWAY - south side between Grant Avenue and Stockton Streets; Lot 039 in Assessor’s Block 0161 - Request for Conditional Use Authorization pursuant to Section 810.82 of the Planning Code to install a total of three antennas within two replacement flagpoles on the roof of the Royal Pacific Motor Inn, within the CCB Chinatown Community Business District and a 65-N Height and Bulk District. The site is a Preference 4 (Preferred, Commercial Building in a Mixed-Use District) per the City & County of San Francisco’s Wireless Transmission Services (WTS) Facilities Siting Guidelines.
          Preliminary Recommendation: Approval with conditions
          (Continued from Regular Meeting of September 12, 2002)
          (APPLICATION WITHDRAWN)

SPEAKER (S):          None
ACTION:          Conditional Use Application Withdrawn

E.          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, they must do so at this time. Each member of the public may address the Commission for up to three minutes.

          None

F.          CONSIDERATION OF FINDINGS AND FINAL ACTION – PUBLIC HEARING CLOSED

          20.          2002.0772DDD          (G. NELSON: (415) 558-6257)
                    438 21ST AVENUE - between Anza Street and Geary Boulevard, Lot 032 in Assessor’s block 1524 - Mandatory Discretionary Review, under the Planning Commission’s policy requiring review of housing demolition, and Discretionary Review requested by a member of the public of Building Permit Application Nos. 2002.05.29.7730 and 2002.05.29.7735, proposing to demolish an existing three-story, single-family dwelling and build a new, four-story, two-family dwelling, in an RH-2 (Residential, Two-Family) Zoning District and a 40-X Height and Bulk District.
                    Preliminary recommendation: Do not take Discretionary Review and approve the project as proposed.
                    (Continued from Regular Meeting of October 24, 2002)
                    NOTE: On October 17, 2002, following public testimony, the Director closed the public hearing. The Director recommended approval of Building Permit Application No. 2002.05.29.7730, proposing to demolish an existing single-family dwelling. The Director continued for one week his recommendation on Building Permit Application No. 2002.05.29.7735, proposing to construct a new two-family dwelling, to allow for additional staff review of the proposed design.
                    NOTE: On October 24, 2002, without further hearing, this matter was continued to November 14, 2002 to be considered by the Planning Commission.

SPEAKER (S):
(-) Melly McCallen (sp) – Discretionary Review Requestor
- Her issues relate to the current beauty of the architecture in her home and how it will become a box.
- She is concerned that the northern light will be cut off and she will be living in a very dark space.
- She would like to ask for double insulation.
(-) Hiroshi Facuda
- He is concerned with the affordability of the new building.
(-) Sue Hestor
- She feels that the Commission needs to have a briefing on demolition standards because it appears that everything is being demolished.
- Buildings considered for demolition need to be looked at more closely.
(-) Alice Barkley
- A dully-appointed Commission, in fact, adopted the demolition standards.
- The issue here is seismic code violations.
(+) Patrice Fambrini – Representing the Project Sponsor
- She was not prepared because she believed that the public hearing was closed. The architectural team is not present.
- Design, height and roofline were the issues discussed with the DR applicant.
- She made herself available for questions indicating that she would do the best she could in the absence of the architectural team.

ACTION 1:          Did not take Discretionary Review and approved the demolition.
AYES:          Antonini, Boyd, Bradford Bell, Feldstein, Hughes, William Lee
NAYES:          Sue Lee

          ACTION 2:          Took Discretionary Review and approved the new construction with the following modifications: 1) The proposed building shall incorporate sound-deadening construction for exterior wall areas of the subject building built along the south property line, in a configuration exceeding the minimum standards of the Department of Building Inspection and subject to the review of Planning Department Staff. 2) The Project Sponsor shall pay up to $7500 toward the installation of a skylight,  light tube' or other device to bring natural light into the upper floor bathroom of 442 21st Avenue, payable upon completion of the work. Should the property owner of 442 21st Avenue, Ms. Millie McCallum, elect to have this work done, said work is to be performed by a contractor of her choosing. 3) A Notice of Special Restriction (NSR) containing these actions and findings and notice of the lawful use of the property (as four dwelling units) shall be recorded against the deed of the subject property at the Office of the Recorder of the City of San Francisco. This NSR should include language that clearly prohibits the production of an additional dwelling unit at the ground floor of the subject property.
          AYES:          Antonini, Boyd, Bradford Bell, Feldstein, Hughes, Sue Lee
ABSENT:          William Lee

G.          REGULAR CALENDAR
          
          21.          Briefing on Conditional Uses/PUD

                    There was a short informational overview on conditional uses and planned unit developments (PUD).
                    SPEAKERS:          None
                    ACTION:          Informational only. No action required


          22.          2002.0613I          (K. SIMONSON: (415) 558-6321)
                    301 LYON STREET - northwest corner of Lyon and Fell Streets, Assessor's Block 1207, Lot 8 - Report to the Planning Commission on the filing of an Abbreviated Institutional Master Plan (AIMP) for Westmont College, San Francisco Urban Program. The AIMP is for the proposed relocation of the post-secondary institution from 3016 Jackson Street to 301 Lyon Street. Pursuant to Planning Code Section 304.5(d), the Planning Commission shall be informed of the filing of the AIMP. The Commission may, at its option, choose to hold or not hold a public hearing on the plan, for the receipt of public testimony only. Such hearing would not be for the purpose of approving or disapproving the AIMP. (The Conditional Use authorization to allow the property to be used as a post-secondary institution and group housing for a post-secondary institution, Case No. 2002.0613C, was heard and approved at the Director's Hearing on September 26, 2002.) The property is City Landmark No. 128, and is in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.
          Preliminary Recommendation: Do not hold public hearing on Abbreviated Institutional Master Plan

SPEAKER (S):
(+) Jeremy Paul
- The school has never had any problems with the police or in the dormitories.

ACTION:          Commission determined that a public hearing was not required.
AYES:          Antonini, Boyd, Bradford Bell, Feldstein, Hughes, Sue Lee
ABSENT:          William Lee
MOTION:          16474

          23a.          2002.0441CR (K. McGEE: (415) 558-6367)
                    1701 JERROLD AVENUE - south west corner of Quint and Jerrold Streets; Lot 001 in Assessor's Block 5280 - General Plan Referral per the San Francisco Charter Section 4.105 and Section 3.011 and 3.012 of the Administrative Code in order to install three panel antennas, one GPS antenna, and three associated equipment cabinets in a P (Public Use) Zoning District and in a 65-J Height and Bulk District. The carrier is Cingular Wireless. The site is a Preference 1 Location, a publicly used structure (owned by the San Francisco Public Utilities Commission). The project is also subject to Conditional Use Authorization. Preliminary Recommendation: Approval with conditions
                    (Continued from Regular Meeting of October 24, 2002)

SPEAKER (S):          None
ACTION:          Approved
AYES:          Antonini, Boyd, Bradford Bell, Feldstein, Hughes, Sue Lee
ABSENT:          William Lee
MOTION:          16475

          23b.          2002.0441CR (K. McGEE: (415) 558-6367)
                    1701 JERROLD AVENUE - south west corner of Quint and Jerrold Streets; Lot 001 in Assessor's Block 5280 - Request for Conditional Use Authorization per Planning Code Section 209.6 and Section 303 to install three panel antennas, one GPS antenna, and three associated equipment cabinets in a P (Public Use) Zoning District and in a 65-J Height and Bulk District. The carrier is Cingular Wireless. The site is a Preference 1 Location, a publicly used structure (owned by the San Francisco Public Utilities Commission). The project is also subject to a General Plan Referral.
                    Preliminary Recommendation: Approval with conditions
                    (Continued from Regular Meeting of October 24, 2002)

SPEAKER (S):          None
ACTION:          Approved
AYES:          Antonini, Boyd, Bradford Bell, Feldstein, Hughes, Sue Lee
ABSENT:          William Lee
MOTION:          16476

          24.          2002.0873C (K. McGEE: (415) 558-6367)
                    720 VALENCIA STREET - west side of Valencia Street between 18th and 19th Street; Assessor's Block 3588, Lot 003 - Request for Conditional Use Authorization to construct an addition of approximately 370 square feet to the existing animal hospital, the Mission Pet Hospital, located on the ground level, per Planning Code Section 726.62. The proposed total square footage would be 2,195 square feet and requires Conditional Use Authorization per the amended Mission District Interim Controls for a non-residential use size in excess of 2,000 square feet. The project resides in the Valencia Neighborhood Commercial Zoning District and is in a 50-X Height and Bulk District.
                    Preliminary Recommendation: Approval with conditions
                    (Continued from Regular Meeting of October 24, 2002)

SPEAKER (S):          None
ACTION:          Approved
AYES:          Antonini, Boyd, Bradford Bell, Feldstein, Hughes, Sue Lee
ABSENT:          William Lee
MOTION:          16477

          25a.          2000.914EKCV (J. MILLER: (415) 558-6344)
                    650-666 EDDY STREET - north side between Polk and Larkin Streets, with additional frontage on Willow Street, Lots 11 and 12 in Assessor's Block 740 - Request for a Conditional Use authorization for height over 40 feet in an "R" District, findings as required for the Residential Special Use District, and off-street parking in excess of accessory amounts, to permit the construction of a new residential building (with up to 87 dwelling units), eight stories over a ground floor containing retail space and a parking garage with up to 48 spaces where 33 are permitted, after demolition of an auto-repair garage. The project has been redesigned to eliminate the need for a bulk exception. The site is in an RC-4 (Residential-Commercial Combined, High Density) District, the North-of-Market Residential Special Use District No. 1, and an 80-T Height and Bulk District, and is also the subject of requested Variances of Planning Code standards for rear-yard area and dwelling unit exposure, to be heard concurrently.
                    Preliminary Recommendation: Approval with conditions
                    (Continued from Regular Meeting of October 24, 2002)

SPEAKER (S):
(+) Jorge Castillo – Project Sponsor
- He hopes that the Commission will approve the project.
(+) Clark Mannus, Project architect
- Gave a power point presentation on the architectural aspects of the project.
(+) Steve Atkinson – Steefel, Levitt and Weiss
- The project sponsor will explore the possibility of having a car share program.

ACTION:          Approved with the following modifications to the conditions: provide a minimum of 3 two-bedroom apartments; allow up to 87 units; and create a car share program--either City Car Share or private–that could only be discontinued upon demonstration to the Director that it is not financially feasible to institute or continue.
AYES:          Antonini, Boyd, Bradford Bell, Feldstein, Hughes, Sue Lee
ABSENT:          William Lee
ACTION:          16478

          25b.          2000.914EKCV (J. MILLER: (415) 558-6344)
                    650-666 EDDY STREET - north side between Polk and Larkin Streets, with additional frontage on Willow Street, Lots 11 and 12 in Assessor's Block 740 - Request for Variances of Planning Code standards for rear-yard area and dwelling unit exposure pursuant to the construction of a new residential building (with up to 87 dwelling units). The project is in an RC-4 (Residential-Commercial Combined, High Density) District, the North-of-Market Residential Special Use District No. 1, and an 80-T Height and Bulk District, and is also the subject of a requested Conditional Use authorization for height over 40 feet in an "R" District, findings as required for the Residential Special Use District, a bulk exception, and off-street parking in excess of accessory amounts, to be heard concurrently.
                    (Continued from Regular Meeting of October 24, 2002)

SPEAKER (S):          Same as those listed in item 25a.
ACTION:          The Zoning Administrator closed the public hearing and granted the Variance

          26.          2002.0575C          (M. SNYDER: (415) 575-6891)
                    3537-3561 19TH STREET - parcel bounded by 19th Street on the north, San Carlos Street on the east, and Lexington on the west, Lot 104 in Assessor's Block 3596 - Request for Conditional Use authorization under Planning Code Section 209.6(b) to install a total of 6 panel antennas, and associated equipment cabinets, as part of a wireless transmission network operated by AT&T Wireless. The site is within an RH-3 (House, Three-family) District and a 50-X Height and Bulk District. Pursuant to the WTS Facilities Guidelines, the project is a Preference 1 Location Site, a public utility structure.
                    Preliminary Recommendation: Approval with conditions
                    (Continued from Regular Meeting of October 24, 2002)

SPEAKER (S):          None
ACTION:          Without hearing, continued indefinitely.
AYES:          Antonini, Boyd, Bradford Bell, Feldstein, Hughes, Sue Lee, William Lee

          
27.          Briefing on Discretionary Reviews
          SPEAKERS:          None
          ACTION:          Without hearing, this item was moved to November 21, 2002.

E.          DISCRETIONARY REVIEW HEARING

          28.          2002.0773D          (M. WOODS: (415) 558-6315)
                    455 8th AVENUE - west side between Geary Boulevard and Anza Street, Lot 8 in Assessor’s Block 1536 - Mandatory Discretionary Review, under the Planning Commission’s policy requiring review of housing demolition, of Permit Application No. 2001.02.01.1130 for the demolition of a three-story, single-family dwelling. (The project also proposes the new construction of a three-unit building under separate permit.) The subject property is located in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District.
                    (Continued from Regular Meeting of October 24, 2002)
                    Preliminary Recommendation: Do not take Discretionary Review and approve the demolition permit application as submitted.

SPEAKER (S): On the matter of continuance only:
Jeremy Paul
- He is glad that the Commission will continue this case. Because of the rain, the poster was damaged.
- There are also other issues that he hopes will be resolved before the hearing date.

ACTION:          Without hearing, continued to December 12, 2002
AYES:          Antonini, Boyd, Bradford Bell, Feldstein, Hughes, Sue Lee, William Lee

          29.          2002.0671D          (G. CABREROS: (415) 558-6169)
                    135 SEA CLIFF AVENUE - south side between 26th and 27th Avenues, Lot 021 in Assessor's Block 1305 - Request for Discretionary Review of Building Permit Application No. 2001.12.14.5291 proposing to construct a roof deck and stair penthouse over an existing two-story single-family residence in an 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 submitted.
                    (Continued from Regular Meeting of October 24, 2002)

SPEAKER (S):          None
ACTION:          Discretionary Review request was withdrawn
AYES:          Antonini, Boyd, Bradford Bell, Feldstein, Hughes, Sue Lee, William Lee

F.          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 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 Commission for up to three minutes.

                    Jeffrey Heller
                    - He does not believe that five minutes is sufficient time to brief the new Commissioners on projects of a more complex nature.

                    Sue Hestor
                    - She would like the commission to reinstate the practice of allowing up to 15 minutes at the beginning of the calendar for Public Comment.

                    Alice Barkley
                    - The reason that Public Comment was moved to the end of the calendar was because the public would speak for hours and would make the regular calendar begin much later than scheduled.
                    - The Board of Supervisors hearings have Public Comment at the end as well.


Adjournment:          8:27 p.m.

THESE MINUTES WERE PROPOSED FOR ADOPTION AT THE REGULAR MEETING ON THURSDAY, DECEMBER 12, 2002.

SPEAKERS:          None
ACTION:          Approved as corrected: page 11; & Hiroshi Facuda Fucuda
AYES:                    Antonini, Boyd, Bradford Bell, Feldstein, Hughes, Sue Lee, William Lee

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