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Seal of the City and County of San Francisco
City and County of San Francisco

August 5, 2004

August 5, 2004

SAN FRANCISCO
PLANNING COMMISSION

Meeting Minutes

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

Thursday, August 5, 2004
1:30 PM

Regular Meeting

COMMISSIONERS PRESENT: Michael J. Antonini, Kevin Hughes, Sue Lee, William L. Lee, Christina Olague

COMMISSIONERS ABSENT: Shelley Bradford Bell

THE MEETING WAS CALLED TO ORDER BY VICE PRESIDENT SUE LEE AT 1:32 p.m.

STAFF IN ATTENDANCE: Larry Badiner- Acting Director of Planning and Zoning Administrator; Susan Cleveland-Knowles - Deputy City Attorney; Elaine Tope; Geoffrey Nelson; Adam Light; Glenn Cabreros; Dan DiBartolo; Matt Snyder; Nora Priego - Transcription Secretary; Jonas Ionin - Acting 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. 2004.0243D (E. TOPE: (415) 558-6316)

          1328 GROVE STREET - northwest corner of Grove and Divisadero Streets; Lot 005 in Assessor's Block 1182 - Request for Discretionary Review of Building Permit Application No. 2004.12.24.2995, proposing to convert a vacant retail space (formerly Rocky's Smoke Shop) to a small self-service restaurant (Domino's Pizza Parlor, a formula retail use, as defined by Planning Code Section 703.3(b)) in an NC-2 (Small-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District.

          Preliminary Recommendation: Pending

      (Proposed for Continuance to October 7, 2004)

      SPEAKER(S): None

      ACTION: Without hearing, item continued to October 7, 2004.

      AYES: Antonini, Hughes, S. Lee, W. Lee, Olague

      ABSENT: Bradford Bell

      2a. 2003.0253D (G. NELSON: (415) 558-6257)

          5126-5130 ANZA STREET - north side between 42nd and 43rd Avenues; Lot 016 in Assessor's Block 1502. Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2001.03.07.3680 to demolish an existing two-story two-family dwelling (the project also proposes the construction of a new two-family dwelling) in an H-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

      Preliminary Recommendation: Pending.

      (Proposed for Continuance to October 7, 2004)

      SPEAKER(S): None

      ACTION: Without hearing, item continued to October 7, 2004.

      AYES: Antonini, Hughes, S. Lee, W. Lee, Olague

      ABSENT: Bradford Bell

      2b. 2004.0682D (G. NELSON: (415) 558-6257)

          5126-5130 ANZA STREET - north side between 42nd and 43rd Avenues; Lot 016 in Assessor's Block 1502. Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new construction to replace demolished housing, of Building Permit Application No. 2001.03.07.3684 for the new construction of a three-story, two-family dwelling in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. The proposed new building will contain two off-street parking spaces.

      Preliminary Recommendation: Pending

            (Proposed for Continuance to October 7, 2004)

      SPEAKER(S): None

      ACTION: Without hearing, item continued to October 7, 2004.

      AYES: Antonini, Hughes, S. Lee, W. Lee, Olague

      ABSENT: Bradford Bell

B. COMMISSIONERS' QUESTIONS AND MATTERS

      3. Consideration of Adoption - Draft minutes from June 10, 2004.

      SPEAKER(S): None

      ACTION: Approved

      AYES: Antonini, Hughes, S. Lee, W. Lee, Olague

      ABSENT: Bradford Bell

      4. Commission Comments/Questions

          Commissioner W. Lee:

          Re: Timeline of the Neighborhood Programs

          - He would like to know the timeline of the Octavia EIR.

          - The Commission would like to have some timeline of all the neighborhood programs.

          Re: Document from Walter Caplan - 170 St. Germain

          - He received a letter stating that the owner of the property or contractor see the scope of the permits and they removed the ceiling joists, partition walls and excavation. The inspector will site them for violation notices for exceeding the scope of the permit.

          - He would like to reschedule this item for discussion or ask Planning to review the allegation and come back with their findings.

          Commissioner Antonini:

          Re: Proposals for Controls on September 2, 2004

          - He requested to have this discussion on taking testimony of the existing zoning maps for the areas and allow the Commission to get a full understanding of exactly where the areas of controversy lie in regards to the maps.

          - He sees that currently there are some items that are passed but they would not have passed if the controls were in place.

          Re: Legislation to Amend the Planning Code on Formula Uses in the North Beach District

          - Supervisor Gonzales and Peskin introduced legislation to amend the Code to designation formula retail uses needing a Conditional Use in the Haight Street Neighborhood Commercial District.

          Commissioner Hughes:

          Re: 170 St. Germain

          - He also received the information and agrees to bring this back before the Commission.

            Acting Director Larry Badiner Responded:

            - This is a very unusual case.

            - Before this item is scheduled, staff should look at this and report back to the Commission.

          Commissioner Olague:

          Re: SRO Provisions

          - She would like to see an overview of the SRO provisions in the Planning Code.

            Acting Director Larry Badiner Responded:

            - A brief public presentation can be scheduled in mid-September.

C. DIRECTOR'S REPORT

      5. Director's Announcements

          Re: Discretionary Reviews

          - The Commission has had a series of hearings on simple and complex Discretionary Reviews.

          - Starting on July 20 the Planning Department will implement this projects.

          - Applications are rejected if they are incomplete.

          - In the next two or three months, the Commission will start seeing some simple DRs that will have gone through the process.

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

          BOS - None

          BOA - None

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.

      Grace Tsai - Santa Barbara Ice Creamery

      - They have 400 signatures now of people who are against the project.

      - There have been a few ice cream parlors that have closed.

      - Thirty-eight of the restaurants in the area, serve ice cream.

      Charles Bain - Judy's Cafe

      - He owns a business in the area.

      - He has been in the same address for many years.

      - Ben and Jerry's is a non-profit organization and are not run by gross dollars in business.

      - There was a moratorium because the street is unbalanced - it has too many food establishments.

      - He is trying to stop more and more food businesses in the area.

      Jordan Sills

      - He is the permit applicant.

      - He read a letter from a business owner who is in support of the project.

      - He and his brother live in the Marina district and decided to purchase a franchise and open a Coldstone Ice Cream Shop.

      - They tried to buy out Santa Barbara Ice Creamery but it was rejected.

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

      7. 2004.0409D (E. TOPE: (415) 558-6316)

          2301 CHESTNUT STREET (AKA 3253 SCOTT STREET) - southwest corner of Chestnut and Scott Streets; Lot 001 in Assessor's Block 0936 - Request for Discretionary Review of Building Permit Application No. 2004.03.03.7615, proposing to convert retail storage space (associated with Lucky Brand) to a small self-service restaurant (Cold Stone Creamery Ice Cream Store, a formula retail use, as defined by Planning Code Section 703.3(b)) in an NC-2 (Small-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District.

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

          Note: On July 22, 2004, following testimony, the Commission closed the public hearing. Following Commission deliberation, this item was continued to August 5, 2004, to allow the absent commissioners to participate in the final decision. The vote was +4 -0 with Commissioners Bradford Bell and Hughes absent.

          SPEAKER(S): None

          ACTION: Take Discretionary Review and deny the Building Permit Application.

          AYES: Hughes, W. Lee, Olague

          NAYES: Antonini and S. Lee

          RESULT: Motion Failed. No substitute motion was offered, therefore, the Building Permit Application is approved as submitted without modification.

    F. REGULAR CALENDAR

      8. 2003.1164D (M. WOODS: (415) 558-6315)

        6725 CALIFORNIA STREET - south side between 29th and 30th Avenues, Lot 47 in Assessor's Block 1404 - Request for Discretionary Review of Building Permit Application No. 2003.03.13.9612 proposing to alter the existing two-story, single-family dwelling by raising the building approximately eight feet in order to create a new ground floor to contain a two-car garage, with a new dwelling unit behind, and expanding the building to the front, rear and sides. The subject property is located in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District.

        Preliminary Recommendation: Take Discretionary Review and deny the application.

        (Continued from Regular Meeting of June 24, 2004)

        NOTE: On January 22, 2004, following public testimony, the Commission closed the public hearing. The Commission expressed concerns that statements about preserving this structure or the essence of it are not reflected in the plans submitted. Item continued to March 25, 2004. Public hearing will remain open on any new information presented.

        NOTE: On March 25, June 3, and June 24, 2004, without a hearing, the Commission continued this matter. Public hearing remains open on any new information submitted/presented.

      SPEAKER(S):

      Re: Continuance

      Jim Reuben

      - There is no opposition to this project.

      - Staff requested the continuance and he is in agreement.

      ACTION: Without hearing, item continued to September 23, 2004

      AYES: Antonini, Hughes, S. Lee, W. Lee, Olague

      ABSENT: Bradford Bell

9a. 2003.1243EZXC (A. LIGHT (415) 558-6254)

          418-420 JESSIE STREET - north side between 5th and Mint Streets, Lot 6, in Assessor's Block 3704 - Request for adoption of California Environmental Quality Act (CEQA) findings related to Mitigated Negative Declaration (MND), and adoption of the MND. The project lies within a P (Public) Zoning District (proposed for rezoning to a C-3-G (Downtown, General) District, as discussed in the MND and Director's Report), and within a 90-X Height and Bulk District. The proposed project is to rehabilitate the subject property (part of the historic Hale Brothers Department Store National Register of Historic Places site and formerly a San Francisco Fire Department firehouse) by seismically upgrading the building's structural system, and repairing/restoring/rehabilitating the historic façade. The use of the existing building would be converted from warehouse space on the upper levels and the former firehouse use on the lower two levels to approximately 25 residential units with ground floor retail (accessed from Jessie Street) and parking (accessed from Stevenson Street). Open Space would be provided by a combination of private balconies (located on a side façade) and a common roof terrace. The project would also include a vertical addition to the rear portion of the non-historic 1950s horizontal fire station addition to the east of the historic portion of the structure. This vertical addition would rise four levels above the rooftop of the existing non-historic horizontal addition, and would not be significantly visible from the front Jessie Street façade. The subject property is being sold by the City and County of San Francisco to the Project Sponsor.

          (Continued from Regular Meeting of July 1, 2004)

          SPEAKER(S):

          (+) Jim Reuben - Representing Project Sponsor

          - This is a culmination of a very long process.

          - He displayed a diagram of how the car storage will work.

          - This car storage system is appropriate for people who work in the area.

          (+) Olai Lumberg - Project Architect

          - This is a good building.

          - The firehouse character will be maintained.

          - The main floor will be restaurant space.

          - The doors will be able to be opened up when there is nice weather.

          (+/-) Jeremy Nelson

          - They support the streetscape system.

          - They stringing oppose to provide a 1 to 1 parking on an area that has the best transit.

          - The mechanical system, which will move cars, is quite reliable.

          - City car share has locations nearby.

          - There is ample street parking.

          ACTION: CEQA Findings Adopted

          AYES: Antonini, Hughes, S. Lee, W. Lee, Olague

          ABSENT: Bradford Bell

          MOTION: 16841

      9b. 2003.1243EZXC (A. LIGHT (415) 558-6254)

          418-420 JESSIE STREET - north side between 5th and Mint Streets, Lot 6, in Assessor's Block 3704 - Request for a resolution recommending to the Board of Supervisors a Zoning Map Amendment to change the zoning of the site from a "P" (Public) Zoning District to a C-3-G (Downtown, General) Zoning District. The project lies within a P (Public) Zoning District, and within a 90-X Height and Bulk District. The proposed project is to rehabilitate the subject property (part of the historic Hale Brothers Department Store National Register of Historic Places site and formerly a San Francisco Fire Department firehouse) by seismically upgrading the building's structural system, and repairing/restoring/rehabilitating the historic façade. The use of the existing building would be converted from warehouse space on the upper levels and the former firehouse use on the lower two levels to approximately 25 residential units with ground floor retail (accessed from Jessie Street) and parking (accessed from Stevenson Street). Open Space would be provided by a combination of private balconies (located on a side façade) and a common roof terrace. The project would also include a vertical addition to the rear portion of the non-historic 1950s horizontal fire station addition to the east of the historic portion of the structure. This vertical addition would rise three levels above the rooftop of the existing non-historic horizontal addition, and would not be significantly visible from the front Jessie Street façade. The subject property is being sold by the City and County of San Francisco to the Project Sponsor. The property must be rezoned in order for the closure of the property sale, and also for the proposed Project to receive final approval.

          (Continued from Regular Meeting of July 1, 2004)

          SPEAKER(S): See Speakers for Item 9a.

          ACTION: Approved - Recommendation to the Board of Supervisors Passed

          AYES: Antonini, Hughes, S. Lee, W. Lee, Olague

          ABSENT: Bradford Bell

          MOTION: 16842

      9c. 2003.1243EZXC (A. LIGHT (415) 558-6254)

          418-420 JESSIE STREET - north side between 5th and Mint Streets, Lot 6, in Assessor's Block 3704 - Request for a Determination of Compliance under Section 309 of the Planning Code with exceptions. The project lies within a P (Public) Zoning District (proposed for rezoning to a C-3-G (Downtown, General) District), and within a 90-X Height and Bulk District. The proposed project is to rehabilitate the subject property (part of the historic Hale Brothers Department Store National Register of Historic Places site and formerly a San Francisco Fire Department firehouse) by seismically upgrading the building's structural system, and repairing/restoring/rehabilitating the historic façade. The use of the existing building would be converted from warehouse space on the upper levels and the former firehouse use on the lower two levels to approximately 25 residential units with ground floor retail (accessed from Jessie Street) and parking (accessed from Stevenson Street). Open Space would be provided by a combination of private balconies (located on a side façade) and a common roof terrace. The project would also include a vertical addition to the rear portion of the non-historic 1950s horizontal fire station addition to the east of the historic portion of the structure. This vertical addition would rise three levels above the rooftop of the existing non-historic horizontal addition, and would not be significantly visible from the front Jessie Street façade. Exceptions from requirements for rear yard and independently accessible parking are necessary for Project approval. Final approval of this Determination of Compliance and granting of exceptions would be subject to the rezoning of the property described in Item "b" above.

          (Continued from Regular Meeting of July 1, 2004)

          SPEAKER(S): See Speakers for Item 9a.

          MOTION: Approved

          AYES: Antonini, Hughes, S. Lee, W. Lee, Olague

          MOTION RESCINDED by Commissioner Antonini

          ACTION: Approved with the Condition that BMR units not be the smallest in each Category.

          AYES: Antonini, Hughes, S. Lee, W. Lee, Olague

          ABSENT: Bradford Bell

          MOTION: 16843

      9d. 2003.1243EZXC (A. LIGHT (415) 558-6254)

          418-420 JESSIE STREET - north side between 5th and Mint Streets, Lot 6, in Assessor's Block 3704 - Request for a Conditional Use authorization to permit parking in excess of accessory amounts. The project lies within a P (Public) Zoning District (proposed for rezoning to a C-3-G (Downtown, General) District), and within a 90-X Height and Bulk District. The proposed project is to rehabilitate the subject property (part of the historic Hale Brothers Department Store National Register of Historic Places site and formerly a San Francisco Fire Department firehouse) by seismically upgrading the building's structural system, and repairing/restoring/rehabilitating the historic façade. The use of the existing building would be converted from warehouse space on the upper levels and the former firehouse use on the lower two levels to approximately 25 residential units with ground floor retail (accessed from Jessie Street) and parking (accessed from Stevenson Street). Open Space would be provided by a combination of private balconies (located on a side façade) and a common roof terrace. The project would also include a vertical addition to the rear portion of the non-historic 1950s horizontal fire station addition to the east of the historic portion of the structure. This vertical addition would rise three levels above the rooftop of the existing non-historic horizontal addition, and would not be significantly visible from the front Jessie Street façade. Final approval of this Conditional Use authorization would be subject to the rezoning of the property described in Item "b" above.

          Continued from Regular Meeting of July 1, 2004)

          SPEAKER(S): See Speakers for Item 9a.

          ACTION: Approved with 24 lift spaces and 1 handicap parking space.

          AYES: Antonini, Hughes, S. Lee, W. Lee, Olague

          ABSENT: Bradford Bell

          MOTION: 16844

        10a. 2003.0363CDD (G. CABREROS: (415) 558-6169)

          2626 BALBOA STREET - north side between 27th and 28th Avenues; Lot 011A in Assessor's Block 1570 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of residential demolitions, of Building Permit Application No. 2003.10.06.6594 proposing to demolish a one-story, four-unit building in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

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

          (Continued from Regular Meeting of July 15, 2004)

          SPEAKER(S):

          Duet Monico - Project Sponsor

          - The unit has been rented out.

          - The soundness report proves that the building needs to be demolished.

          - The building is also one story and is out-of-character with the other houses.

          - The curb cuts have been reduced.

          (-) Robert Pender - San Francisco Tenants Network

          - The tenant community is seeking to preserve rent-controlled units.

          - He is not against this individual landlord but is against any unit that is eliminated.

          - Housing is important but rent controlled units allow low income and seniors to live there.

          (-) Jenny Mock

          - No matter how small the penthouse will be, it will block light from to her house.

          - She is concerned about privacy and the parking issues.

          (-) Alice Tam

          - She lives around the corner from the project.

          - The new building is four stories high and will be higher than the adjacent buildings.

          - The new building will also be longer.

          - The owner of the property does not live there so will he plan to live there?

          - Does the owner plan to rent out the smaller units?

          (-) But Fay Huey

          - He is opposed to the project.

          - He is concerned with the height of the new buildings.

          (-) Yolanda Thompson

          - She is opposed to this project.

          - She has lived in the neighborhood for 40 years.

          - She is concerned with the height and bulk of the new building.

          - The penthouse should therefore be removed.

          (-) Jennifer Chan

          - She lives on 28th Avenue, which is on the other side of the proposed project.

          - She is concerned that the project is too large.

          - If the house would conform to all the rules then no one would be here.

          (+) Betty Fung

          - They have dedicated a lot of time on this project.

          - They have tried to respect all of their neighbors.

          - The new building will be in character with the other homes.

          - This will be a homeowner occupied.

          (-) Vicky Brown Romano

          - She is the owner of the adjacent home.

          - She objects to the height and the bulk and density of the project.

          - The project should be limited to the same height as her building.

          (-) Ron Miguel - PAR

          - He has no problems with the demolition.

          - The additional unit and the encroachment to the rear yards, is not sufficiently emphasized.

          - He would like for the Commission to reduce the penthouse.

          (-) Mercedes Rendon

          - She has lived there for over 40 years.

          - She purchased the house because it was not so high.

          - She really enjoys living there and all the neighbors get along.

          - The proposed house will block the light to her house.

          - Many houses don't use their garage and park their cars on the street. The neighborhood is already congested.

          - She has a view of the Golden Gate Bridge and is concerned that it will be blocked.

          (-) Anthony Sean Quinonez/Rendon

          - He is concerned with the parking.

          - Many houses don't use their garages so they park on the street.

          - He also has an issue with the height.

          ACTION: Do not take Discretionary Review and Approve Demolition

          AYES: Antonini, Hughes, S. Lee, W. Lee, Olague

          ABSENT: Bradford Bell

        10b. 2003.1283DD (G. CABREROS: (415) 558-6169)

          2626 BALBOA STREET - north side between 27th and 28th Avenues; Lot 011A in Assessor's Block 1570 - 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. 2003.10.06.6596 proposing to construct a four-story, three-unit building in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

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

          (Continued from Regular Meeting of July 15, 2004)

          SPEAKER(S): See Speakers for Item 10a.

          ACTION: Take Discretionary Review and Approve with the removal of the 4th floor and the door in the corridor on sheet A2.

          AYES: Antonini, Hughes, S. Lee, W. Lee, Olague

          ABSENT: Bradford Bell

        10c. 2003.0363CD (G. CABREROS: (415) 558-6169)

          2626 BALBOA STREET - north side between 27th and 28th Avenues; Lot 011A in Assessor's Block 1570 - Request for Conditional Use Authorization pursuant to Planning Code Section 209.1 to allow up to one dwelling unit per 1,500 square feet of lot area, resulting in three dwelling units on a 5,000 square-foot lot in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. The project is also subject to a mandatory Discretionary Review hearing per the Planning Commission's Residential Demolition Policy.

      Preliminary Recommendation: Approval with Conditions

          (Continued from Regular Meeting of July 15, 2004)

          SPEAKER(S): See Speakers for Item 10a.

          ACTION: Approved with the implementation of conditions placed on item 10b.

          AYES: Antonini, Hughes, S. Lee, W. Lee, Olague

          ABSENT: Bradford Bell

          MOTION: 16845

          11. 2004.0422D (D. DiBARTOLO: (415) 558-6291)

                500 DIVISADERO STREET - northeast corner at Fell Street, Lot 017A in Assessor's Block 1203 - Request for Discretionary Review of Building Permit Application No. 2004.03.03.7670, proposing to add an entertainment use (as defined in Planning Code Section 790.38) to the recently-approved approximately 1,700 square foot bar (to be called Madrone Lounge), within the two-story mixed-use structure. The proposal would add entertainment in the form of performance art and recorded and live music at the premises, between 9:00 p.m. and 1:00 a.m. Wednesday through Sunday nights. The site is within an NC-2 (Small-Scale Neighborhood Commercial) District, and a 65-A Height and Bulk District.

          Preliminary Recommendation: Take Discretionary Review and approve the application with conditions.

          SPEAKER(S):

          (-) Valery Hartwell - Discretionary Review Requestor

          - She is opposed to the project since there are already a lot of establishments that serve liquor.

          - The neighbors are concerned with the noise, the litter, lack of parking, increase in the public urination, and danger to drunken people.

          (-) Joseph Angelesco

          - He has lived in the neighborhood for 14 years.

          - He has signatures of the 14 tenants of his building who are opposed to the bar.

          - The after hour use will disturb the neighborhood.

          - There was an article in the newspaper that there was a bust on an art gallery/bar.

          - There are a lot of families in this neighborhood.

          - The space should be used on family/neighborhood serving businesses.

          (-) Enid Braveman

          - She lives on Divisadero Street.

          - She is concerned with the noise, traffic, and parking issues.

          - She has worked hard to improve the conditions of the neighborhood.

          (-) Patricia Vaughey

          - The police department has had a hard time with this.

          - They have been working very hard with the police department to set some strict conditions of approval.

          - If the Commission is going to take Discretionary Review, it should include the conditions of approval.

          (-) Ron Miguel

          - He is concerned about the way this project has been worked out.

          - It is difficult to determine when there are a series of permits being requested when they should have been requested at one time.

          (+) Mark Renne - Representing Project Sponsor

          - An art lounge is an adaptation of an art gallery.

          - Small DJ lounges are found in various neighborhoods of the City.

          - This use is compatible with the Divisadero Neighborhood.

          - The project will further the intent by encouraging neighborhood serving businesses.

          - The project sponsor has limited the hours and will provide security.

          - There has been significant soundproofing.

          - Various neighbors support this application.

          - He is requesting

          Wed to sun 12 to 1:30 a.m. Monday and Tuesday entertainment will stop at midnight.

          (+) Leila Fakouri

          - She never told anyone that it would be an art gallery.

          - Her entire career has been with the arts.

          - The idea is to link artists with people who will buy their work.

          - There could be a DJ, three piece band, etc.

          - The musicians will get paid for what they do so this would be a great place for musicians to work when they cannot find performances.

          - Music is an integral part of an art establishment.

          - She is willing to comply with all the conditions.

          (+) Amy Laitinen - Supervisor Gonzalez's Office

          - Supervisor Gonzalez has concerns regarding the number of liquor licenses has been repeated many times.

          - This area needs responsible business owners since there is a difference with a business that sells liquor and a business like this one that is a combination art presentation/lounge.

          (+) Dean Preston

          - He supports the project.

          - He is on the board of the Alamo Square Residents Association.

          - It is stated that the Alamo Square Residents Association was opposed to the project yet they are in support of the project but opposed to the liquor license.

          - They are interested in bringing small businesses to the area.

          - The building has been vacant for about 10 years.

          - Most people in the community are in support of the project.

          (+) Ty Sniffen - North of the Panhandle

          - He is in support of this project.

          - He has heard people complain about the traffic noise but not bar noise.

          - He has been working with people in the neighborhood to remove graffiti.

          - The police are in support of this project.

          - The neighborhood needs responsible business owners.

          (+) Megan Allison Wade - USF/Haight Divisadero Neighbors and Merchants

          - She lives in the area.

          - The project sponsor had gone above and beyond taking care of the issues the neighborhoods have had

          - A Discretionary Review is not necessary.

          (+) Andrew Wood

          - He knows the project sponsor and knows that she takes art seriously.

          - She has always been someone to have the thrive to make art happen.

          - He feels that taking Discretionary Review is no necessary.

          - The gallery that she has worked at has always been tidy and stylish.

          (+) John Wood - SF Late Night Coalition

          - People have not been frequenting the large, wild bars and dance venues.

          - It appears that it is stylish now to frequent small lounges, bars, etc.

          - This is a very small venue yet people are treating it as it was a nightclub.

          - He asked the Commission to support this project and approve it.

          (+) Charles Salter - Charles M. Salter Associate, Inc.

          - He has been an acoustical engineer for about 30 years.

          - Working with the late night coalition, he has developed plans for these types of projects.

          (+) Emily Miller

          - She is an artist and will be living upstairs from the lounge.

          - She will

          (+) Claire McGovern - The Lola Gallery

          - She has an art gallery.

          - She has worked on various projects with Leila.

          - She strongly encourages the Commission to support the future of the arts.

          (+) David Tornheim - Central City Progressive

          - Leila has been working very hard for this project and has been communicating with the neighbors.

          - They passed a resolution in support of this project.

          (+) Joe O'Donoghue

          - He lives in the area.

          - He gets upset when people think of bars as something dark and gloomy. Bars are actually a place for people to communicate and meet.

          - The Commission should not take Discretionary Review since it would encourage bringing back into the city as well as being an entrepreneur wanting to open a business.

          (+) Jeremy Paul

          - He supports the purpose of this project.

          - It is important the small business provide stability for business owner.

          - There should not be any impediments placed on this business.

          (+) Adam Lear

          - He is an artists and lives near the project site.

          - He and his friends would love to have this establishment open in the area.

          (-) Richard Kay

          - He has lived in the area for about 15 years.

          - Leila presented the project at his neighborhood association and everyone was in support of the project.

          - The location is so run down that he is happy that someone is willing to invest a lot of money to turn the building around.

          ACTION: Take Discretionary Review and Approve the Project with the Following Conditions:

                1. The Project Sponsor shall comply with any requirements for sound-proofing imposed by the Police Department prior to the commencement of the authorized entertainment.

                2. The Project shall comply with all conditions imposed by the Police Department's Noise Abatement Unit on the Place of Entertainment Police Permit. Per Police Department report, sound shall not be audible from outside of the premises.

                3. The operator of the bar shall maintain the main entrance and all sidewalks abutting the subject property in a clean condition. Such maintenance shall include, at minimum, daily sweeping and litter pickup and disposal and washing or steam/pressure cleaning of the main entrance and abutting sidewalks at least once every two weeks.

                4. The entertainment shall be permitted as authorized by Police Department approval: Monday/Tuesday, 12:00 p.m. (noon) to 12:00 a.m. (midnight); Wednesday through Sunday, 12:00 p.m. (noon) to 1:30 a.m.

                5. All windows and doors shall remain closed for the duration of the live entertainment.

                6. The Project shall comply with all City Codes.

                7. A Notice shall be placed upon the door at the entrance of the establishment urging patrons to leave the establishment and neighborhood in a quiet, peaceful, and orderly fashion. This Notice shall be well lit and have clearly readable lettering at least 1 inch in height.

                8. The Project Sponsor shall appoint a Community Liaison to address issues and matters of concern to nearby residents or commercial lessees. This liaison or a designated representative shall be available at the establishment at all times during business hours. The Project Sponsor shall report the name and telephone number of this liaison to the Zoning Administrator for reference.

                9. The Project Sponsor or its successors shall comply fully with all conditions specified in this approval. Failure to comply with any condition shall constitute grounds for revocation of this building permit.

                10. The Project Sponsor shall assure the execution and recordation of the specified conditions as a Notice of Special Restrictions at the Office of the County Recorder/County Clerk.

          AYES: Antonini, Hughes, S. Lee, W. Lee, Olague

          ABSENT: Bradford Bell

      12a. 2003.0525D (G. NELSON: (415) 558-6257)

          378 20th AVENUE - east side between Geary Boulevard and Clement Street; Lot 027 in Assessor's Block 1451 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2002.10.08.8572 to demolish an existing two-story single-family dwelling (the project also proposes the construction of a new two-family dwelling) in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District.

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

          SPEAKER(S):

          (-) Jeremy Paul - Representing Discretionary Review Requestor

          - He gave a PowerPoint presentation on the subject property.

          (-) Mary Bull - Green Wood Earth Alliance

          - Demolition needs to be rethinked.

          - Resources are almost spent on planet earth.

          - Deconstructing and not demolishing is what should be being done.

          - The earth is almost without wood.

          (-) Robert Pender - San Francisco Tenants Network

          - The network is opposed to all demolition of all pre 1979 buildings.

          - People are being forced out of the city.

          - Pre 1979 buildings are protected with rent control.

          - There have been too many demolitions.

          - Housing needs to be built but without demolishing sound housing.

          ACTION: Do not take Discretionary Review and Approve Demolition

          AYES: Antonini, Hughes, S. Lee, W. Lee, Olague

          ABSENT: Bradford Bell

      12b. 2004.0423D (G. NELSON: (415) 558-6257)

          378 20th AVENUE - east side between Geary Boulevard and Clement Street; Lot 027 in Assessor's Block 1451 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new construction to replace demolished housing, of Building Permit Application No. 2002.10.08.8566 for the new construction of a four-story, two-family dwelling in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District. The proposed new building will contain two off-street parking spaces.

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

          SPEAKER(S): See Speakers for Item 12a.

          ACTION: Take Discretionary Review and Approve Project requiring additional design enhancements (such as deep window profiles) typically required under the Residential Design Guidelines prior to staff approval of permits.

          AYES: Antonini, Hughes, S. Lee, W. Lee, Olague

          ABSENT: Bradford Bell

      13. 2004.0604D (M. SNYDER; (415) 575-6891)

          375 ALABAMA STREET - east side between 16th and 17th Streets, Lot 02 in Assessor's Block 3966 - Mandatory Discretionary Review of Building Permit Application No. 2004.07.21.9363, under the Eastern Neighborhoods Interim policies, proposing a change of occupancy to allow temporary classroom facilities for City College of San Francisco, in an M-1 (Light Industrial) District and a 50-X Height and Bulk District, and in a Core PDR area.

          Preliminary Recommendation: Take Discretionary Review to record NSR limiting length of temporary use.

          SPEAKER(S):

          (+) Jim Blomquest - City College

          - This would involve temporary City College facilities.

          - City College is planning to build a new facility on Bartlett Street.

          - This temporary facility would allow doing the renovation without any disruption to the student/faculty/community.

          - They did a search for a best temporary location and found that this would be the most appropriate.

          (+) Julio Ramos - City College

          - This is a win-win situation with respects to the community and the faculty/students.

          (+) Dave Louis

          - He is a teacher at City College.

          - Requested that the Commission approve this temporary facility since quiet is conducive to learning.

          (+) Allan Kessler

          - He is involved with Project Artaud.

          - He supports the parking availability that would avoid parking on the street.

          - It is important to support the various community organizations.

          - He welcomes City College as their neighbors.

          ACTION: Take Discretionary Review and record an NSR limiting length of temporary use to 48 months.

          AYES: Antonini, Hughes, S. Lee, W. Lee, Olague

          ABSENT: Bradford Bell

Items 14 and 15 were taken out of order.

      14. 2004.0088C (M. SNYDER: (415) 575-6891)

          1042 MINNA STREET - north side between Layfayette and 11th Street, Lot 76 in Assessor's Block 3511 - Request for Conditional Use authorization under Planning Code Section 253 to construct three dwelling units that would be over 40-feet tall within an RH-3 District and 130-L Height and Bulk District. Conditional Use authorization is required for construction of any structure over 40-feet tall in a residential district. The subject site is within an RH-3 (House, Three-family) District and a 130-L Height and Bulk District.

      Preliminary Recommendation: Approve with conditions

          (Continued from Regular Meeting of June 24, 2004)

          SPEAKER(S):

          Re: Continuance

          Kay Griffin -LMNOP Nieghbors

          - She requests continuance for a later date because the project has not been properly notified.

          - The Planning Department and the project sponsor have not acted in good faith regarding community input for this project.

          - There was no proper posting on this project.

          - She first say a sign on July 18 which is not within the 20 days although the owner claims that he did post the sign yet she lives right across the street.

          - She has not been able to get any information on this project in a timely manner.

          - She requested that this case be continued, that the posting be done in a timely manner and that the sign is placed in a visible location.

          Toby Morrison - Project Architect

          - They have no interest for a continuance.

          Joe O'Donoghue

          - He does not agree to a continuance.

          Kate Morgan - LMNOP

          - There has not been enough notice for this case.

          - There were some problems with the posting.

          Kevin Page

          - He has been calling asking for plans of this project.

          - He has not been able to get proper responses to his questions.

          - The neighborhood needs to look at this and be reasonable.

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

          AYES: Antonini, Hughes, S. Lee, W. Lee, Olague

          ABSENT: Bradford Bell

      15. 2004.0483C (M. LI: (415) 558-6396)

          1220 POLK STREET - northeast corner at Sutter Street, Lot 011 in Assessor's Block 0669 - Request for conditional use authorization to establish a small self-service restaurant (dba "Extreme Sandwiches") of approximately 600 square feet within the Polk Street Neighborhood Commercial District and a 65-A Height and Bulk District. There will be no physical expansion of the existing building.

              Preliminary Recommendation: Approval with conditions

          SPEAKER(S):

          Mickey Patel - Project Sponsor

          - He would like his sandwich shop opened.

          ACTION: Approved with Conditions: add new Condition of Approval on timeline and when a project expires.

          AYES: Antonini, Hughes, S. Lee, W. Lee, Olague

          ABSENT: Bradford Bell

5:00 P. M.

G. COMMISSION MATTERS

      16. Discussion of a potential process for the Commission to (1) review the position of Director of Planning; (2) determine the qualifications for the position; and (3) recruit and consider potential candidates for the position.

          SPEAKER(S):

          Bruce Bonacker - San Franciscans for Preservation Planning

          - There has been a collective concern about leadership within the Planning staff.

          - There is a perception that this leadership has been lacking.

          - They are looking forward for help from the Planning Commission.

          - He recommends a wide search within and outside of San Francisco.

          - In the search and in the discussions, recognize the importance of San Francisco's existing character.

          - The new leader should de-politicize the atmosphere in which planning takes place, strengthening public trust and community dialogue and encouraging the highest professional standards, communicating and working with different constituencies, the value of community based planning, the appreciation of history, contextual planning, etc.

          Joe O'Donaghue - Residential Builders

          - In the search for looking for a planning director, the question is why are we looking for a planning director.

          - The problems that the planning director has had is the blocks that the Board of Supervisors has made.

          - One of the primary credentials will have to have is a skin of a hippopotamus.

          - There is an exodus of African American leaders in this City.

          - More specific reasons of protocol need to be established.

          Nilka Julio - Local 21

          - The Union appreciates the continued interest of the Commission in this endeavor.

          - There is some much secrecy and so much stomping on the Charter.

          - The language in the Charter is quite clear.

          - The Union will support the Commission in providing the Mayor with candidates and not the other way around.

          Kate White - Housing Action Coalition

          - The Mayor ran on a good planning of long range planning, ethical behavior, etc.

          - These are all the qualities that they want to see in a new director of Planning.

          - She has been working on various projects in San Francisco.

          - It has been a decade since the Planning Department has moved forward on any projects.

          - This shows a real lack of leadership and management. The will is there but there needs to be more leadership.

          - The Commission should move quickly to pick the candidates and forward them to the Mayor.

          Mary Bull - Green Wood Earth Alliance

          - She echoes the previous speakers.

          - The qualifications of the candidates should not be "yes" men for big development.

          - She believes in neighborhood sovereignty.

          - Sustainability in this City is very important.

          Lois Scott - President of the Planners of Local 21

          - They suggested rewriting the job description of the planning director since it probably dates back 50 years.

          - The Commission should take an active role in the local and national search for the director.

          - The planning director needs to motivate staff.

          - Staff should be allowed to participate in the search process.

          - Staff should also be involved in the annual evaluation process.

          Joshua Switzki - Planning Staff

          - Candidates should display a thorough commitment in thoughtful engagement in the field of planning.

          - Someone who has a graduate degree in this field.

          - A well rounded planner is needed.

          - The department does not need a technocrat who will just interpret the code.

          - It would be great to include the planning staff in the process of choosing someone.

          - An international search would also be good.

          David Alumbaugh - Planning Staff

          - Six months ago, planning staff heard that the Mayor was searching for a new planning director. Planning staff contacted the Mayor's office to remind him that planning staff was available to cooperate in the search.

          - After much effort, planning staff was able to obtain a meeting with the Mayor yet only the Mayor's staff was able to meet.

          - Later an ad was placed in the APA Journal.

          - There has not been any planning staff input in this search.

          Richard Marquez

          - No process for selection of a director should lose site of the historical lessons of the urban trenches of America.

          - This is also about vision, techniques, compassion, etc.

          - Planning directors have focused on the corporate ties of San Francisco.

          - Commissioners should not loose site of the ball whether it is a long list or a short list.

          Pat Buskavich

          - He is a former building Commissioner.

          - He knows of all the issues between the Planning Department and the Building Department.

          - The most important thing that the planning director should deal with is the budget. The second most important thing is that the candidate who has the technical ability to interact with the Commission. This is critically important to do.

          - The other thing is that the director should have an institutional memory of the history of San Francisco.

          - A director should also be accessible to everybody.

          Jeremy Paul

          - He echoes the previous speaker's comments.

          - The director should be able to juggle priorities that are crucial to every other function.

          - There is an impact of delays of implementation processes.

          - He does not know who the candidates are but is confident that Mr. Larry Badiner has the knowledge of being a director since he has been acting director.

          Daniela Kirshenbaum - San Francisco Neighborhood Network

          - Is it time for San Francisco to join the ranks of the lesser cities or should the residents applaud painfully on.

          - Last time she was at the Commission, she noticed how surprised the Commission was to learn that the director would be absent one year.

          - Larry Badiner has helped to begin a fine process but because of the polarization begins at the Department of City Planning, she urges the Commission to start a new chapter in the history of this city.

          Jim Chappell

          - As he understands the City Charter, it includes that the mayor can appoint department heads subject to the provisions of the Charter.

          - The Charter also states that the duties of the Commission includes removal of a department head. The Mayor may recommend removal of a department head and it shall be the Commissions duty to act on the recommendation by removing or retaining the department head within 30 days.

          - The Planning Commission shall provide the Mayor with at least three candidates for director of planning.

          Lebod Piech - Culture Makers

          - There is a certain concern from the people who preserve culture that the people have been clouded about forward thinking people that have multidisciplinary skills.

          - It would take a keen openness to recognize a candidate who has the ability to se both global possibilities as well as be competent and well trained.

          - If one opens their minds and find a way to look and research into the extracurricular activities of the candidates, he is sure the future of San Francisco would look right.

          Tom Redoulavitch - Transportation for a Livable City/Board of Directors of the Bay Area Rapid Transit System

          - It is important to do an international search.

          - There are some fantastic and innovated people in various countries.

          - Maybe the department does not need a planner but an urbanist.

          - Someone with a strategic bend is important.

          - The director needs discretion to organize the department.

          - The Commission also needs to know what they do and think strategically as well.

          David Nivogrosky - Executive Director of Local 21

          - Over the past 20 years that he has been working with the Planning Department, he has seen a deterioration in the department because of a lack of leadership.

          - He would like to also associate himself with Jim Chappell and his testimony this evening.

          Kay Griffith

          - She actually used to work in urban planning and has lived in San Francisco for 40 years.

          - There has been a lot of irreplaceable changes done because of a lack of planning.

          - She would like to see someone professional with a real sense of aesthetic.

          Alton Chin - Planning Staff

          - He has enjoyed the nature of his work and that his contributions were respected.

          - The Commission should consider the ability of the new director to manage the organization and respect the professionalism, seriousness and contributions of all the department.

          - It is important to see the strategic direction and goals of the Information and Technology group.

          - The whole department as a whole should have a strategic plan.

          Clark Mannus - Architect

          - He has practiced in the city for 20 years.

          - He congratulated the Commission for their service.

          - There are a lot of people in the department that work really hard and provide quality work.

          - The Commission needs to look for one individual that has international stature.

          - The department should have a group that can work as a unit.

          Emeric Kalman

          - Is this a competitive and open process?

          - There are some rumors that the Mayor's office or the Mayor himself submitted a list of candidates to the Commission.

          - Can anyone submit their resume?

          - There are some many surprises and rumors from the press.

          - Politics should stay out of this process.

          ACTION: The Commission decided to 1) request from the Mayor's Office information related to the applicants; 2) schedule publicly noticed meetings for the subcommittee with proper notifications.

H. 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: 8:23 p.m.

THESE MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, SEPTEMBER 23, 2004.

SPEAKERS: None

ACTION: Approved

AYES: Antonini, Hughes, S. Lee, W. Lee, Olague

EXCUSED: Bradford Bell

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