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Seal of the City and County of San Francisco
City and County of San Francisco
May 6, 2004

SAN FRANCISCO
PLANNING COMMISSION

Meeting Minutes

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

Thursday, May 6, 2004
1:30 PM

Regular Meeting

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

COMMISSIONERS ABSENT: Shelley Bradford Bell and Sue Lee

THE MEETING WAS CALLED TO ORDER BY ACTING PRESIDENT KEVIN HUGHES AT 1:37 p.m.

STAFF IN ATTENDANCE: Larry Badiner - Acting Director of Planning; Craig Nikitas - Acting Zoning Administrator; Steve Shotland; Jonas Ionin; Glenn Cabreros; Dan Sirois; Dan DiBartolo; Paul Lord; Tina Tam; Mary Woods; Michael Li; Matt Snyder; Adam Light; 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. 2003.0846C (F. JONES: (415) 558-6477)

          1298 OCEAN AVENUE, northeast corner of Ocean Avenue, and Plymouth Avenue, Lot 017, Assessor's Block 3199 - Request for Conditional Use Authorization pursuant to Sections 711.83, 711.11 and 711.21 of the Planning Code for the establishment of a 6,100 square foot public library branch on a vacant 11,120 square foot corner lot previously occupied by an auto repair garage, in an NC-2 (Small-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District.

            Preliminary Recommendation: Approval with conditions.

            (Proposed for Continuance to June 3, 2004)

          SPEAKER(S): None

          ACTION: Without hearing, item continued to June 3, 2004.

          AYES: Antonini, Boyd, Hughes, W. Lee

          ABSENT: Bradford Bell and S. Lee

      2. 2003.1254D (E. TOPE: (415) 558-6316)

          170 ST. GERMAIN AVENUE - north side at Glenbrook Avenue; Lot 009 in Block 2708 - Request for Discretionary Review of Building Permit Application No. 2003.07.31.0905, proposing to construct a one story horizontal and a one story vertical addition to an existing two story over basement single family dwelling in an RH-1 (D) (Residential, House, One-Family, Detached Dwelling) 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 April 8, 2004)

          (Proposed for Continuance to June 10, 2004)

          SPEAKER(S): None

          ACTION: Without hearing, item continued to June 10, 2004.

          AYES: Antonini, Boyd, Hughes, W. Lee

          ABSENT: Bradford Bell and S. Lee

      3. 2003.0660C (G. NELSON: at (415) 558-6257)

          3740-3742 GEARY BOULEVARD - north side between Arguello Boulevard and Second Avenue; Lot 012 in Assessor's Block 1433 - Request for Conditional Use authorization pursuant to Section 161(j) of the Planning Code to construct a 4-story mixed-use building with no off-street parking spaces within an NC-3 (Moderate Scale Neighborhood Commercial) District and an 80-A Height and Bulk District. An existing single-story commercial structure ("White Caps Café") will be demolished. The replacement building will contain a restaurant at the first (ground) floor, and four dwelling units at the upper three floors. Conditional Use authorization is required to reduce the residential off-street parking requirement of the new structure from 4 spaces to none.

          Preliminary Recommendation: Approval with conditions.

          (Proposed for Continuance to June 17, 2004)

          SPEAKER(S): None

          ACTION: Without hearing, item continued to June 17, 2004.

          AYES: Antonini, Boyd, Hughes, W. Lee

          ABSENT: Bradford Bell and S. Lee

      4. 2001.0249CV (A. LIGHT: (415) 558-6254)

          605 KEARNY STREET - west side between Sacramento and Commercial Streets, Lot 7, in Assessor's Block 226 - Request for a Conditional Use authorization for a building exceeding 35 feet in height, and for required rear yard and parking variances for a building in the Chinatown Community Business (CCB) Zoning District and a 50-N Height and Bulk District. The Variance application will be considered by the Zoning Administrator concurrently at the same hearing with Conditional Use authorization. The proposal is to add one four-story dwelling unit to an existing one-story commercial building on a small, approximately 700 square foot, 29.5-foot deep lot. The commercial unit on the ground floor would remain. No parking would be provided. A Conditional Use authorization is required in the Chinatown Community Business Zoning District for any building exceeding 35 feet in height. The building would be 50 feet in height with the proposed addition. The addition, like the existing commercial building would cover the entire small site. Therefore, both a parking and a rear yard variance would be required. Required open space would be provided on a rooftop terrace.

          Preliminary Recommendation: Pending

            (Proposed for Continuance to June 17, 2004)

          SPEAKER(S): None

          ACTION: Without hearing, item continued to June 17, 2004.

          AYES: Antonini, Boyd, Hughes, W. Lee

          ABSENT: Bradford Bell and S. Lee

          5. 2003.0607C (T. TAM: (415) 558-6325)

          306 RANDOLPH STREET - north side of Randolph Street, between Ramsell and Victoria Streets, Lots 51 and 56 in Assessor's Block 7088 - Request for Conditional Use authorization pursuant to Planning Code Sections 209.3(c), 710.11, and 710.21 to establish an institutional use (residential care facility for up to 56 persons) in an existing two-story commercial building currently owned and occupied by the Yeo Lai Sah Buddhist Temple. The project will also include a lot line adjustment between Lots 51 and 56. The property is located in NC-1 (Neighborhood Commercial Cluster) District and a 40-X Height and Bulk District.

          Preliminary Recommendation: Approval with Conditions.

      (Continued from Regular Meeting of March 4, 2004)

      (Proposed for Continuance to July 15, 2004)

          SPEAKER(S): None

          ACTION: Without hearing, item continued to July 15, 2004.

          AYES: Antonini, Boyd, Hughes, W. Lee

          ABSENT: Bradford Bell and S. Lee

      6. 2004.0192D (E. TOPE: (415) 558-6316)

          593-595 26TH AVENUE - west side between Anza Street and Geary Boulevard; Lot 015C in Assessor's Block 1518 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of dwelling unit mergers, of Building Permit Application No. 2003.10.28.8782, proposing to merge two dwelling units to create a single-family dwelling in an RM-1 (Residential, Mixed, Low Density District) and a 40-X Height and Bulk District.

          Preliminary Recommendation: Take Discretionary Review and Disapprove the merger.

            (Continued from Regular Meeting of March 25, 2004)

            BUILDING PERMIT APPLICATION HAS BEEN WITHDRAWN BY THE APPLICANT.

          SPEAKER(S): None

          ACTION: Building Permit Application was withdrawn by Applicant.

B. COMMISSIONERS' QUESTIONS AND MATTERS

      7. Consideration of Adoption - Draft Minutes of March 18, April 1, and April 8, 2004.

          Minutes of April 1, 2004:

          SPEAKER(S): None

          ACTION: Without hearing, item continued to May 13, 2004.

          AYES: Antonini, Boyd, Hughes, W. Lee

          ABSENT: Bradford Bell and S. Lee

          Minutes of March 18 and April 8, 2004:

          SPEAKER(S): None

          ACTION: Approved

          AYES: Antonini, Boyd, Hughes, W. Lee

          ABSENT: Bradford Bell and S. Lee

      8. Commission Comments/Questions

          None

C. DIRECTOR'S REPORT

      9. Director's Announcements

          - He is glad to be back after a week off on vacation.

          Re: Discretionary Reviews

          - The full cost recovery of all mandatory discretionary reviews starting on June 1, 2004. This has been implemented on demolitions since January 1, but not yet on unit mergers.

          Re: Housing Element

          - Next week the Housing Element and negative declaration will come before the Commission.

          - Case reports are being made available to the public as he speakers.

          - There are about 10 pages of proposed modifications available for review.

          Re: Simple and Complex Discretionary Reviews

          - This will be scheduled on May 20, 2004.

          Re: Fee Package

          - On May 27, 2004, there will be a fee package that blends into the Mayor's proposed budget.

          - Last year the fee package ran into some legal issues before the Board of Supervisors.

          - Staff has been working very closely with the Mayor's office on this.

          John Bardis - Inner Sunset Action Committee

          Re: Scheduling the Housing Element

          - They have been concerned about when the Housing Element will be scheduled.

          - The point is that this item does have precedent.

          - He can understand when there is no controversy and a judicious move has to be done.

          - There is actually a very urgent appeal and it should have a separate hearing.

          - So the question comes up is everything being done properly?

          Marilyn Amini

          Re: Miscellaneous Planning Matters

          - Acting Director Badiner stated that there was no Board of Supervisors Meeting when there was.

          - At that hearing there were about 70 pieces of property that were transferred.

          - All of these properties have a specific area where neighbors should be notified.

          - She came to the Planning Department to ask for information on the NEMIZ and waited for about an hour but was later told that she was not able to receive a copy.

          - When the item of the Housing Element is scheduled it should be timely because information has not been made available to the public and the hearing is next week.

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

          BOS - None (May 3, 2004)

          BOA - None

          BOS - April 26, 2004

          Re: Large Scale Retail (aka Big Box Retail)

          - This was heard by the Land Use Committee and passed out.

          - For areas outside of the downtown, this legislation would require a Conditional Use for spaces of more than 50,000 square feet. It would prohibit any use in excess of 120,000 square feet.

          - In the downtown area, it would require a Conditional Use for any use larger than 90,000 square feet and prohibit any use of more than 120,000 square feet that sells groceries and other uses.

          - It would also allow people to move and re-tenant when there is a large store and another similar store is moving in.

          - It adds criteria for the Conditional Use for this specific usage. It would require that the Commission consider if there is an active street frontage, a change in traffic patters, mixed use business opportunities, etc. This will be forwarded to the full Board of Supervisors and heard on May 11, 2004.

          Re: 2599 Lombard Street

          - This will be heard by the full Board on Tuesday, May 11, 2004.

          - This is an appeal of a Conditional Use for an antenna.

D. PUBLIC COMMENT ON AGENDA ITEMS WHERE THE PUBLIC HEARING HAS BEEN CLOSED

      At this time, members of the public who wish to address the Commission on agenda items that have already been reviewed in a public hearing at which members of the public were allowed to testify and the public hearing has been closed, must do so at this time. Each member of the public may address the Commission for up to three minutes.

      None

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

      11. 2002.0914R (D. ARGUMEDO: (415) 558-6308/S. SHOTLAND: (415) 558-6284)

          675 TOWNSEND STREET - south side between 7th and 8th Streets; Lot 007 in Assessor Block 3799. The project is related to Planning Case No. 1998.455C, a mixed use development of 148 dwelling units, approximately 35,000 square feet of ground floor commercial space and 256 parking spaces in two basement levels. Due to the presence of a Caltrain easement, the originally proposed 7'-6" wide sidewalk along Townsend Street would be reduced to 4'-6" to maintain a minimum distance from an existing rail line in the Townsend Street right-of-way. The reduced sidewalk width is less than the Department of Public Works' minimum 6-foot sidewalk width standard. The subject property (675 Townsend Street) is in an M-2 (Heavy Industrial) District and a 40-X/50-X (Height and Bulk) District.

      Preliminary Recommendation: Find the proposal not in conformity with the General Plan

          (Continued from Regular Meeting of April 22, 2004)

                NOTE: On April 1, 2004, following pubic testimony, the Commission closed public hearing. The Commission entertained a motion to find this project not to be in conformity with General Plan by a vote +3 -2. Commissioners Antonini and Bradford-Bell voted no. Commissioners Boyd and Hughes were absent. The motion failed. The matter was continued to April 8, 2004 by a vote +5 -0 to allow the absent commissioners to participate in the final action. Commissioners Boyd and Hughes were absent.

                NOTE: On April 8, 2004, the Commission passed a motion of intent to approve by a vote of +6-1; Commissioner Feldstein voted against. Final Language: April 22, 2004 for final language.

                NOTE: On April 22, 2004, the item was continued to May 6, 2004 without further deliberation.

          SPEAKER(S): None

          ACTION: Hearing Held. Public Comment Remains Closed. Item continued to May 13, 2004 to receive information from the project's Structural Engineer.

          AYES: Antonini, Boyd, Hughes, W. Lee

          ABSENT: Bradford Bell and S. Lee

F. REGULAR CALENDAR

      12. 2002.0731D (J. IONIN: (415) 558-6309)

          3410 CALIFORNIA STREET - north side between Laurel and Locust Streets; Lot 009 in Assessor's Block 1019 - Request for Discretionary Review of Permit Application No. 2001.05.14.9020, proposing to construct a new four unit building in an RM-1 (Mixed Residential, Low Density) District and a 40-X Height and Bulk District.

      Preliminary Recommendation: Take DR and approve with modifications.

          (Continued from Regular Meeting of March 11, 2004)

          SPEAKER(S):

          (-) Steve Schroeder - Representing the Discretionary Review Requestor

          - He agrees with the recommendation from staff but is still concerned with the fourth floor.

          - The character of the neighborhood is mainly three story buildings.

          - He feels that only this block should be considered when comparing the subject property to the rest of the properties.

          - The fourth story should not be added to this building.

          - The new building will totally dwarf the adjacent building.

          (-) Bill Petru - Discretionary Review Requestor

          - He displayed a photograph taken from his bathroom window showing the proposed project overlaid on the existing building.

          (-) Charles Gisaifu

          - He displayed a photograph of the street face showing how the proposed house will look after construction compared to the other homes.

          - He displayed a photograph of the street where the proposed project will be located.

          (+) Jeremy Paul

          - He is puzzled by Planning staff's presentation and conclusions when it is stated that the proposed project will not have an impact on the adjacent properties and the project is being scaled back a few feet.

          - Laurel Street is a very busy transit corridor.

          - He gave a PowerPoint presentation displaying drawings and photographs of how the project has been modified to accommodate actual impacts on adjacent properties.

          (+) Carol Ruth Silver

          - She owns the building that is immediately to the left of the lot for the proposed structure.

          - This area is a mixed residential, office, and retail area. There are a variety of very busy retail shops. It is very difficult in San Francisco to build.

          - She has seen the plan and whenever she has had concerns, the project sponsor has been able to accommodate her.

          - She urged the Commission to approve this project.

          ACTION: Took Discretionary Review and approved the project with the following additional conditions: 1) penthouse roof top should be sloped over the adjacent stairs where possible; 2) require that the windows be recessed at least three inches; 3) require a parking lift, making sure that it is placed at the end of the construction; 4) require a one hour rated roof and remove parapet; 5) bring height down to 37 feet.

          AYES: Antonini, Boyd, Hughes, W. Lee

          ABSENT: Bradford Bell and S. Lee

      13a. 2004.0063D (G. CABREROS: (415) 558-6169)

                141 WILLARD NORTH STREET - west side between Turk Street and Golden Gate Avenue; Lot 005 in Assessor's Block 1142 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2003.05.22.5283, proposing to demolish an existing two-unit building in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

          Preliminary Recommendation: Take Discretionary Review and disapprove demolition.

          (Continued from Regular Meeting of March 25, 2004)

          SPEAKER(S):

          (+) Tony Pantaleoni - Project Architect

          - This is the first project that he has had that staff has not agreed with the soundness report.

          - This fails to meet the requirements of demolition because of the soundness report.

          - Preliminary plans were designed. Then it was found out that the soundness report did not meet the current soundness guidelines.

          - There are some inadequacies with the project: The lower unit is only 448 square feet; only a one car garage; there is a need to walk through a unit to get to another unit; etc. The kitchen and dining area is only 140 square feet.

          - The building was built in 1922 as a single family unit. The unit at the rear was added in 1954, perhaps for a relative or a son.

          - The current owners use it as a sound studio.

          - The bedroom/living room is a good size. It was possibly intended as an in-law unit.

          - The upper unit is 1,100 square feet but the bedrooms are very small. The kitchen is an inadequate kitchen.

          (+) Mike Rafferty - Project Sponsor

          - In November 2002 he started looking at properties and decided to purchase the current property.

          - After various issues regarding paperwork on this project with the Planning Department, which lasted about six months, he is just now having a hearing on it.

          - He has submitted plans with the soundness reports and suddenly the rules have changed.

          - He did not know that the project was going to be reviewed under a different set of rules.

          (-) Cheryl Duperrault

          - She questions the report on the soundness of the demolition.

          - It would be a shame to allow this project to be demolished.

          - The unit down below was rented out and the person who rented it out passed away.

          - She feels that the repairs to the unit are cosmetic. She feels strongly about maintaining the home since there are so many Victorian homes that have been demolished.

          - She has worked hard to maintain the property.

          ACTION: Public Hearing Closed. Item Continued to May 27, 2004.

          AYES: Antonini, Boyd, Hughes, W. Lee

          ABSENT: Bradford Bell and S. Lee

      13b. 2004.0064D (G. CABREROS: (415) 558-6169)

          141 WILLARD NORTH STREET - west side between Turk Street and Golden Gate Avenue; Lot 005 in Assessor's Block 1142 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new residential buildings in association with residential demolitions, of Building Permit Application No. 2003.05.22.5280, proposing to construct a new four-story, two-unit building in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

          Preliminary Recommendation: Take Discretionary Review and disapprove the application.

          (Continued from Regular Meeting of March 25, 2004)

          SPEAKERS: Same as those listed for item 13a.

          ACTION: Public Hearing Closed. Item Continued to May 27, 2004.

          AYES: Antonini, Boyd, Hughes, W. Lee

          ABSENT: Bradford Bell and W. Lee

      14a. 2003.0628D (D.SIROIS: (415) 558-6313)

          1478 12th AVENUE - east side, between Kirkham & Judah, Lot 026, Assessor's Block 1842 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application 2003.05.09.4260, to demolish an existing one-story plus basement single-family dwelling in an RH-2 (Residential House, Two-Family) District and in a 40-X Height and Bulk District.

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

          SPEAKER(S):

          (+) Dick Wong - Project Architect

          - This project has been around for quite some time.

          - The original proposal has changed since they met with neighbors so there have been revisions.

          - He is available for questions.

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

          AYES: Antonini, Boyd, Hughes, W. Lee

          ABSENT: Bradford Bell and S. Lee

      14b. 2003.0091D (D.SIROIS: (415) 558-6313)

          1478 12th AVENUE - east side, between Kirkham & Judah, Lot 026, Assessor's Block 1842 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of new residential building in association with residential demolition, of Building Permit Application No. 2003.05.09.4271, proposing to construct a three-story, two-family residential structure with two off-street parking spaces in an RH-2 (Residential House, Two-Family) District and in a 40-X Height and Bulk District.

          Preliminary Recommendation: Do not take Discretionary Review and approve the New Construction Permit.

          SPEAKERS: Same as those listed for item 14a.

          ACTION: Take Discretionary Review and Approve the Project with the Following Modifications: 1) widen garage; 2) eliminate ½ bathroom on the rear of the first floor; 3) recess windows 3 inches; 4) approve materials authorized by staff.

          AYES: Antonini, Boyd, Hughes, W. Lee

          ABSENT: Bradford Bell and S. Lee

14.1 (From the Addendum) (L. BADINER (415) 558-6411)

          Consideration of initiation of amendments of the San Francisco Planning Code by adding Section 358 to impose a fee surcharge on projects in certain areas to recover the City's actual costs in developing an area plan or rezoning study or preparing a programmatic environmental document for that area; amending the San Francisco Administrative Code by adding Section 10.100-___ to establish a special fund to receive the cost recovery fees and other moneys and to fund the development of future area plans, rezoning studies and programmatic environmental documents; and adopting Section 302 findings.

          SPEAKER(S): None

          ACTION Initiation Approved

          AYES: Antonini, Boyd, Hughes, W. Lee

          ABSENT: Bradford Bell and S. Lee

          MOTION: 16775

      15a. 2004.0116CV (D. DiBARTOLO: (415) 558-6291)

          528 DIVISADERO STREET - east side between Fell and Hayes Streets; Lot 021 in Assessor's Block 1203: Request for Conditional Use authorization under Section 711.24 of the Planning Code to add an Outdoor Activity Area in the rear yard of the new Full-Service Restaurant (Zeriab). The project would add an approximately 200 square foot seating area with three tables and 12 chairs at the rear yard, for the use of the ground floor restaurant, in an NC-2 (Small-Scale Neighborhood Commercial) District and a 65-A Height and Bulk District.

      Preliminary Recommendation: Approval with conditions

          SPEAKER(S):

          (+) Amin Nazer - Project Sponsor

          - He displayed a floor plan of how the seating area will look.

          - He does not intend to have any music. He just intends for the area to be open.

          - He hopes that the Commission will approve this seating area.

          - He also requests to demolish the back stairs.

          (-) Joseph Angelesco

          - He owns two Victorians on Divisadero Street and has lived there all his life.

          - The neighborhood is very active.

          - The proposed project will encroach on green space. He feels that this is a problem for the neighborhood.

          (-) Judith Kaminsky

          - She has not been able to organize any neighborhood opposition.

          - The proposed project will encroach on some very needed green space.

          - She has tenants that work at night and feel that during the day there will be a lot of noise.

          ACTION Approved

          AYES: Antonini, Boyd, Hughes, W. Lee

          ABSENT: Bradford Bell and S. Lee

          MOTION: 16776

      15b. 2004.0116CV (D. DiBARTOLO: (415) 558-6291)

          528 DIVISADERO STREET - east side between Fell and Hayes Streets; Lot 021 in Assessor's Block 1203: Rear Yard and Non-Complying Structure Variances sought to demolish the existing rear stairs and decking and to reconstruct the stairs with decking at the rear of the existing three-story mixed-use structure. The proposed decking with stairs would be located at the rear-building wall and would extend in height to the floor level of the third story. The project would have a maximum width of 21'-8" and would extend approximately 6'-4" from the existing rear building wall, resulting in an encroachment of approximately 15'-4" into the approximately 28'-2" required rear yard in an NC-2 (Small-Scale Neighborhood Commercial) District and a 65-A Height and Bulk District.

          SPEAKER(S): Same as those listed for Item 15a.

          ACTION Zoning Administrator closed the public hearing and has taken the matter under advisement.

      16. 2004.0166T (P. LORD: (415) 558-6311)

          C-M FLOOR AREA RATIO REDUCTION - Consideration of an Ordinance to amend the Planning Code by amending Section 124(e) to provide that the basic floor area ratio for C-M Zoning Districts is 3.0 to 1, and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

          Preliminary Recommendation: Disapproval

          SPEAKER(S): None

          ACTION Disapproved

          AYES: Antonini, Boyd, Hughes, W. Lee

          ABSENT: Bradford Bell and S. Lee

          MOTION: 16777

      17. 2003.1220I (K. RICH: (415) 558-6345)

          CITY COLLEGE OF SAN FRANCISCO - Submission of 10 year Institutional Master Plan by City College of San Francisco and subsequent public hearing as per Planning Code Section 304.5 (d). The purpose of this hearing is for the receipt of public testimony only, and shall in no way constitute an approval or disapproval of the institutional master plan by the Planning Commission.

                Preliminary Recommendation: No Commission Action is required.

          SPEAKER(S): None

          ACTION Without hearing, item continued to May 20, 2004.

          AYES: Antonini, Boyd, Hughes, W. Lee

          ABSENT: Bradford Bell and S. Lee

      18. 2004.0185C (T. TAM: (415) 558-6325)

          3991 ALEMANY BOULEVARD (aka 3911 ALEMANY BOULEVARD) - south side between Worchester Street and St. Charles Avenue, Lot 12 in Assessor's Block 7126A - Request for Conditional Use Authorization under Planning Code Section 713.43 for the proposed establishment of a large fast food restaurant (Extreme Pizza), approximately 1,472 square feet in size, operating between 11:00 a.m. to 10:00 p.m., in an NC-S (Neighborhood Commercial-Shopping Center) District and 40-X Height and Bulk District. The restaurant location is near the shopping center entrance off of Worchester Street.

                Preliminary Recommendation: Approval with conditions

          SPEAKER(S):

          (+) Todd Parent - Project Sponsor

          - He has lived in the City for the last 12 years and has sold pizza for about 10 years.

          - The pizza has been well received by the residents of San Francisco and has won numerous awards.

          - He will be hiring employees locally.

          (+) Jim Ryan

          - He has lived in San Francisco for about 12 years.

          - He was first a customer of Extreme Pizza and now he is a team member.

          - He has since worked with charities and schools and has developed programs to benefit schools.

          - They work with various charities in San Francisco.

          - He feels that Extreme Pizza will be well received here.

          (+) Susan Dumbar

          - She has worked for Extreme Pizza for about 10 years.

          - Extreme Pizza will be a positive addition to the area.

          (+) Tom Devine

          - He works in the South of Market Area.

          - Extreme Pizza has been a great source for eating gourmet pizza.

          - Extreme Pizza has worked well with residential areas.

          (+) Fred Ponce - Applicant and Owner/Representative

          - He read a letter from a member of the public who is in support of opening Extreme Pizza in the Ocean View Village.

          - He is an architect, although not the architect for the project, and is available if the Commission has any questions.

          ACTION Approved

          AYES: Antonini, Boyd, Hughes, W. Lee

          ABSENT: Bradford Bell and S. Lee

          MOTION: 16778

      19a. 2003.1241CV (M.WOODS: (415) 558-6315)

          1447 - 1449 LOMBARD STREET - south side between Van Ness Avenue and Franklin Street; Lot 104, in Assessor's Block 0503 - Request for Conditional Use authorization under Planning Code Sections 161(j) and 303 to waive the two-car parking requirement for the proposed conversion of office spaces to two dwelling units on the second and third floors of an existing three-story building with a full-service restaurant on the ground floor. The site is within an NC-3 (Neighborhood Commercial, Moderate-Scale) Zoning District and a 40-X Height and Bulk District.

              Preliminary Recommendation: Approval with conditions

          SPEAKER(S): None

          ACTION Without hearing, item continued to June 10, 2004.

          AYES: Antonini, Boyd, Hughes, W. Lee

          ABSENT: Bradford Bell and S. Lee

      19b. 2003.1241CV (M.WOODS: (415) 558-6315)

          1447 - 1449 LOMBARD STREET - south side between Van Ness Avenue and Franklin Street; Lot 104, in Assessor's Block 0503 - Request for rear yard and non-complying structure variances for the proposed conversion of office spaces to two dwelling units on the second and third floors of an existing three-story building with a full-service restaurant on the ground floor. The proposed conversion would not alter the configuration of the existing building. Because the existing building already encroaches into the required rear yard, it is considered a legal, non-complying structure, and the conversion of the two upper floors from commercial use to residential use triggers these variances. The site is within an NC-3 (Neighborhood Commercial, Moderate-Scale) Zoning District and a 40-X Height and Bulk District.

          SPEAKER(S): None

          ACTION Without hearing, item continued to June 10, 2004.

          AYES: Antonini, Boyd, Hughes, W. Lee

          ABSENT: Bradford Bell and S. Lee

          20a. 2003.1181KCR (M. LI: (415) 558-6396)

          801-825 MISSION STREET - the entire block bounded by 4th, Minna, 5th, and Mission Streets, Lot 067 in Assessor's Block 3724 - Request for a General Plan Referral to determine if the construction of a wireless telecommunications facility for Cingular Wireless on the 5th & Mission Garage is in conformity with the objectives and policies of the General Plan.

          Preliminary Recommendation: Determination that the project is in conformity with the objectives and policies of the General Plan.

                (Continued from Regular Meeting of April 1, 2004)

          SPEAKER(S):

          (+) Derrell Doherty - Representing Cingular Wireless

          - He is available for questions.

          ACTION Determined that the project is in conformity with the General Plan.

          AYES: Antonini, Boyd, Hughes, W. Lee

          ABSENT: Bradford Bell and S. Lee

          MOTION: 16779

          20b. 2003.1181KCR (M. LI: (415) 558-6396)

          801-825 MISSION STREET - the entire block bounded by 4th, Minna, 5th, and Mission Streets, Lot 067 in Assessor's Block 3724 - Request for conditional use authorization to install a wireless telecommunications facility for Cingular Wireless consisting of one antenna and two equipment cabinets on the 5th & Mission Garage. The antenna will be façade-mounted against an existing elevator penthouse on the roof of the garage, and the equipment cabinets will be located adjacent to the same penthouse. The project site is within a P (Public) District and a 90-X/160-F/340-I Height and Bulk District. The proposed facility meets Location Preferences 1 and 2 of the WTS Facilities Siting Guidelines.

      Preliminary Recommendation: Approval with conditions

          (Continued from Regular Meeting of April 1, 2004)

          SPEAKER(S): Same as those listed for Item 20a.

          ACTION Approved

          AYES: Antonini, Boyd, Hughes, W. Lee

          ABSENT: Bradford Bell and S. Lee

          MOTION: 16780

        21. 2003.1047C (M. SNYDER: (415) 575-6891)

          3372-3378 MISSION STREET (aka 3350 MISSION STREET) - dba "Safeway" west side between 29th Street and 30th Street, Lot 55 in Assessor's Block 6635 - Request for Conditional Use authorization under Planning Code Section 712.83 and 790.80 to install a total of six panel antennas and associated equipment cabinets, as a part of a wireless transmission network operated by Cingular Wireless. The site is within an NC-3 (Neighborhood Commercial, Moderate-Scale) 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.

            Preliminary Recommendation: Approval with conditions

          (Continued from Regular Meeting of April 1, 2004

          Please note that this item followed item 22.

          SPEAKER(S):

          (+) Darrel Doherty - Representing Cingular Wireless

          - After meeting with a member of the public who expressed issues related to noise from the radio cabinets, the cabinets were moved to the opposite side of the building.

          - He displayed a map of the area where there is weak coverage.

          - The Safeway facility has a very substantial setback from the surrounding residential uses.

          - The site will dramatically improve coverage in the area.

          ACTION Approved

          AYES: Antonini, Boyd, Hughes, W. Lee

          ABSENT: Bradford Bell and S. Lee

          MOTION: 16782

      22. 2003.1184X (A. LIGHT: (415) 558-6254)

          524 POST STREET - north side between Mason and Taylor Streets, Lot 5, in Assessor's Block 297 - Request under Planning Code Section 309 (Downtown Code) for Determinations of Compliance and Exceptions, including an exception for a building exceeding 80 feet in a 80-130-F District for a building in a C-3-G District. The proposal is to modify plans for which a building permit has already been approved for the renovations of the existing Olympic Club building in order to increase and relocate the handball courts to the highest level of the building and add up to 4,176 feet of gross floor area, the maximum allowable amount remaining for the site. The proposal would involve an increase in the height of the rear portion of the existing building at 524 Post Street by 12 to 27 feet to a maximum height of 113 feet, depending on the particular location, in order to have a complete sixth level across the rear of the site that would accommodate the handball courts. The remainder of the building would be fully renovated and seismically strengthened in accordance with the existing, approved building permit, with revisions to the internal layouts to accommodate reorganization of certain spaces.

          Preliminary Recommendation: Approval

          Please note that this item followed item 20.

          SPEAKER(S):

          (+) John Sanger

          - The staff report is complete.

          - He and the project architect are available for questions.

          ACTION Approved

          AYES: Antonini, Boyd, Hughes, W. Lee

          ABSENT: Bradford Bell and S. Lee

          MOTION: 16781

6:00 P.M.

      23. (L. BADINER: (415) 558-6411)

          CONSIDERATION OF ADOPTION OF REVISIONS TO THE BOUNDARIES FOR SECTIONS OF THE EASTERN NEIGHBORHOODS - South of Market (generally bounded by Mission, 7th Street, Freeway 80, 4th Street, the Embarcadero, and Folsom). Public hearing on and consideration of amendments regarding the boundaries of the SOMA area excluded from the Eastern Neighborhoods EIR and Eastern Neighborhoods policies, adopted under Planning Commission Motion 16726. The proposal is to exclude areas west of 4th Street and east of Division Street, except the South of Market Earthquake Recovery Redevelopment Project Area from the EIR and Policies.

          SPEAKER(S):

          Jim Meko - SOMA Leadership Council

          - The Planning Department's community planning process in SOMA was a failure.

          - The SOMA community decided to move forward and do better.

          - There was a compromise to draw a line down the middle of Fourth Street and it was decided to let SOMA east of that move ahead, while west of Fourth Street, with the exception of the SOMA PAC, would be removed until there could be some real comprehensive planning done.

          - His highest priority is to keep Folsom Street as far east as Fourth Street in the planning process.

          - Folsom is going to be the heart of the new South of Market and they will want to have a say in this.

          - No one asked for Core PDR anywhere in SOMA.

          - He wants a coherent community and not just the leftovers to work with.

          Bob Meyers - Yerba Buena Lofts Homeowners Association

          - The residents of the south side of Folsom Street and the north side of Clara request that there the two blocks between Fourth and Fifth Street remain in the housing mixed use boundaries that were approved last February and stay included in the EIR.

          - He asked that the Commission approve the compromise provided by the community.

          Jeffrey Liebovitz - Rincon

          - He thanked Jim Meko for pulling together various community meetings.

          - Everyone has worked hard for many years to reach a compromise that will benefit everyone.

          - He displayed a map showing Fourth Street requesting to be inclusive of both sides of Fourth Street.

          - It makes sense to include both sides of Fourth Street going north.

          Ed Townsend

          - He seconds the comments of Bob Meyers.

          - He would like to keep the boundaries proposed by the community.

          David Wilbur - SOMA PAC

          - He is the most permissive of all the speakers. He supports the decision from staff.

          - To eliminate the blocks from Clementina to the bridge makes absolutely no sense. These blocks should be included in the EIR.

          - There are some small blocks on the south side of Harrison Street. If these blocks are not looked at through this process, they will never be looked at again.

          - There is some pressure being [exerted] by some very powerful Supervisors on members of Planning saying that if staff does not do what they want, they will be messing around with funding. It is important for staff members to stand up and do the right thing.

          ACTION Approved as Amended: The parcels between Clara and Harrison and 4th and 5th Streets and the parcels between Harrison Street and Interstate 80 and 4th and 7th Streets are now excluded from the Eastern Neighborhoods environmental review process and the Eastern Neighborhood Policies.

          AYES: Antonini, Boyd, Hughes, W. Lee

          ABSENT: Bradford Bell and S. Lee

          MOTION: 16783

G. PUBLIC COMMENT

      At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting with one exception. When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Commission has closed the public hearing, your opportunity to address the Commission must be exercised during the Public Comment portion of the Calendar. Each member of the public may address the Commission for up to three minutes.

      The Brown Act forbids a commission from taking action or discussing any item not appearing on the posted agenda, including those items raised at public comment. In response to public comment, the commission is limited to:

      (1) responding to statements made or questions posed by members of the public; or

      (2) requesting staff to report back on a matter at a subsequent meeting; or

      (3) directing staff to place the item on a future agenda. (Government Code Section 54954.2(a))

NONE

Adjournment: 6:32 p.m.

THESE MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, JUNE 3, 2004.

SPEAKERS: None

ACTION: Approved with Amendments

AYES: Antonini, Boyd, Hughes, W. Lee

EXCUSED: Bradford Bell and Sue Lee

Last updated: 11/17/2009 10:00:14 PM