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May 5, 2005

SAN FRANCISCO
PLANNING COMMISSION

Meeting Minutes

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

Thursday, May 5, 2005
1:30 PM

Regular Meeting

COMMISSIONERS PRESENT: Michael J. Antonini, Dwight Alexander, Shelley Bradford Bell, Kevin Hughes, Sue Lee, William L. Lee, Christina Olague

COMMISSIONERS ABSENT: None

THE MEETING WAS CALLED TO ORDER BY PRESIDENT SUE LEE AT 1:45 p.m.

STAFF IN ATTENDANCE: Dean Macris - Interim Director of Planning; Larry Badiner - Zoning Administrator; Kate Stacey - Deputy City Attorney; Amit Ghosh; Craig Nikitas; Mary Woods, Glenn Cabreros, Sharon Young, Kelley Amdur; Tina Tam; Michael Li; Marshall Foster; Joshua Switsky; Adam Varat; 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.

      1a. 2004.1212C (M. SNYDER: (415) 575-6891)

          2839-41 MISSION STREET - a through lot between Mission Street and Lilac Alley between 24th Street and 25th Street, Lot 029 in Assessor's Block 6517 - Request for Conditional Use authorization under Planning Code Sections 303 and 161j to convert second story office space into six dwelling units without providing parking. The subject property is within an NC-3 (Neighborhood Commercial, Moderate-Density) District, and a 105-E Height and Bulk District.

            Preliminary Recommendation: Pending

            (Proposed for Continuance to May 12, 2005)

          SPEAKER(S): None

          ACTION: Without hearing, item continued to May 12, 2005

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee

          ABSENT: Olague

      1b. 2004.1212V (M. SNYDER: (415) 575-6891)

          2839-41 MISSION STREET - a through lot between Mission Street and Lilac Alley between 24th th Street and 25th Street, Lot 029 in Assessor's Block 6517 - Request rear yard, open space, and exposure variance (Planning Code Sections 134, 135, and 140) in association with a proposal to convert second story office space into six dwelling units. The subject property is within an NC-3 (Neighborhood Commercial, Moderate-Density) District, and a 105-E Height and Bulk District.

            Preliminary Recommendation: Pending

            (Proposed for Continuance to May 12, 2005)

          SPEAKER(S): None

          ACTION: Without hearing, item continued to May 12, 2005

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee

          ABSENT: Olague

      2a. 2005.0213D (M. SNYDER: (415) 575-6891)

          84 SYCAMORE STREET / 50 CLARION ALLEY - a through lot on the north side of Sycamore Street between Valencia Street and Mission Street, Lot 077 in Assessor's Block 3576 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Building Permit Application No. 2003.04.15.2333 proposing to demolish two dwelling unit structures. The property is within an RH-3 (House, Three-family) District, and a 50-X Height and Bulk District.

      Preliminary Recommendation: Pending

      (Proposed for Continuance to May 19, 2005)

          SPEAKER(S): None

          ACTION: Without hearing, item continued to May 12, 2005

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee

          ABSENT: Olague

      2b. 2005.0214D (M. SNYDER: (415) 575-6891)

          84 SYCAMORE STREET / 50 CLARION ALLEY - a through lot on the north side of Sycmaore Street between Valencia Street and Mission Street, Lot 077 in Assessor's Block 3576 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of new residential buildings in association with residential demolition, of Building Permit Application No. 2003.04.15.2333 proposing to construct a three- unit structure. The property is within an RH-3 (House, Three-family) District, and a 50-X Height and Bulk District.

          Preliminary Recommendation: Pending

      (Proposed for Continuance to May 19, 2005)

          SPEAKER(S): None

          ACTION: Without hearing, item continued to May 19, 2005

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee

          ABSENT: Olague

      3. 2005.0209DDD (G. NELSON: (415) 558-6257)

          666 20th AVENUE - east side between Balboa and Cabrillo Streets, Lot 010E in Assessor's Block 1625 - Requests for Discretionary Review of Building Permit Application No. 2003.02.21.8031, proposing to construct a third-story vertical addition and horizontal addition at the rear of a single-family dwelling in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. The proposal would create a second dwelling unit and a second off-street parking space.

          Preliminary Recommendation: Take Discretionary Review and approve the project with modifications.

          (Continued from Regular Meeting of April 7, 2005)

          (PROPOSED FOR INDEFINITE CONTINUANCE)

          SPEAKER(S): None

          ACTION: Without hearing, item continued indefinitely

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee

          ABSENT: Olague

B. COMMISSIONERS' QUESTIONS AND MATTERS

      4. Consideration of Adoption - Draft minutes from March 31, 2005.

      (Continued from the Regular Meeting of April 28, 2005)

          SPEAKER(S): None

          ACTION: Without hearing, item continued to May 12, 2005

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee

          ABSENT: Olague

      5. Commission Comments/Questions

          Commissioner Bradford Bell:

          Re: 5 de Mayo

          - She wished everyone a happy "5 de Mayo".

          Re: Jean Paul Samaha (former employee of the Planning Department)

          - She wished him a happy birthday.

C. DIRECTOR'S REPORT

      6. Director's Announcements

          Re: Landmark's Board

          - They approved landmark designation for St. Brigit's Church.

          Re: Emporium/Bloomingdales

          - Commissioner Olague had requested information on this project.

          - The Landmarks Board had a hearing on this and the tape is available.

          - Unless there is a strong desire from the entire Commission to bring it before them, the project status will remain with the public comment heard at the Landmark's Board.

          Re: Case Reports

          - There are standard case reports on the computer system.

          - After speaking to staff, there was a consensus that these standard case reports are too complicated [to access]. He has spoken to the computer support staff and has asked that they make these standard case reports easier to access.

          - There will be a checklist type system implemented as well so that all the reports are more consistent.

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

          BOS - None

          BOA -

          Re: 1234 19th Avenue

          - The Commission denied this demolition. The Commission was overruled +5-0. The appeal for the new construction was continued to June 5, 2005 so that project sponsor can work with the department on the new design.

          Re: 2123 Jersey Street

          - This was a merger and your decision was overturned +5-0.

D. GENERAL PUBLIC COMMENT - 15 MINUTES

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

      (did not state name) - SPEAK

      Re: 1234 19th Avenue - Heard at the Board of Appeals

      - She wants to know what is the policy when something is referred to the Board of Appeals?

      - What happens with the case report and the findings that the Planning Commission issued?

      - Isn't anything said at the Board of Appeals?

      - Although this was a contentious case, there is a point to be made at the Board of Appeals by Planning staff so that the desires of the Planning Commission are transmitted.

      David Sasson - US Navy

      Re: Various Items

      - There is a very strong group of people who are interested in doing work in the City regarding changing the zoning in some areas of the City.

      - This zoning would be to change some garages into retail shops.

      - Many people from the media are investigating the Pacific Coast Stock Exchange building. How did this become a place of nudity and exercise? After the occurrence on the pacific coast of Thailand where many people have died...(dialog was unclear).

      Sue Hestor

      Re: Board of Appeals

      - Section 9, Provisions Governing the Board of Appeals states, "It is the duty of the department to forthwith scrutinize same and within three days notify the Board of Appeals of the people who appeared on the case..."

      - This is a serious problem because the Commission has lost many cases.

      - Until the joint hearing with the Board of Appeals, there are about five cases that will be turned down because the Commission's information is not transmitted to the Board of Appeals.

E. CONSENT CALENDAR

      All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and will be acted upon by a single roll call vote of the Commission. There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing.

      8a. 2004.1049CR (M. SNYDER: (415) 575-6891)

          390 MAIN STREET, THE UNITED STATES POSTAL SERVICE FACILITY - south portion of the block bordered by Main Street, Harrison Street and Folsom Street, Block 001 in Assessor's Block 3746 - Request for Conditional Use authorization under Planning Code Section 234.2 to install a Wireless Telecommunications Services (WTS) that would consist of 12 antennas and related equipment for Nextel Communications. The subject property is within an P (Public) District, a Residential Rincon Hill Subdistrict, and a 150-R / 250-R Height and Bulk District. Pursuant to the WTS Facilities Guidelines, the project is a Preference 1 Location Site, a public building.

                Preliminary Recommendation: Approval with Conditions

          SPEAKER(S): None

          ACTION: Approved

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

          NAYES: Bradford Bell

          MOTION: 16998

      8b. 2004.1049CR (M. SNYDER: (415) 575-6891)

          390 MAIN STREET, THE UNITED STATES POSTAL SERVICE FACILITY - south portion of the block bordered by Main Street, Harrison Street and Folsom Street, Block 001 in Assessor's Block 3746 - Request for Finding of Consistency with the General Plan pursuant to Section 4.105 of the City Charter for the installation of a Wireless Telecommunications Services (WTS) that would consist of 12 antennas and related equipment on a public building for Nextel Communications. The subject property is within an P (Public) District, a Residential Rincon Hill Subdistrict, and a 150-R / 250-R Height and Bulk District. Pursuant to the WTS Facilities Guidelines, the project is a Preference 1 Location Site, a public building.

          SPEAKER(S): None

          ACTION: Approved

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

          NAYES: Bradford Bell

          MOTION: 16999

      9. 2005.0311C (M. LI: (415) 558-6396)

          1303 POLK STREET - northwest corner at Bush Street, Lot 003 in Assessor's Block 0667 - Request for Conditional Use authorization to establish a small self-service restaurant (d.b.a. "Mediterranean Spirit") of approximately 970 square feet in a vacant commercial space. There will be no physical expansion of the existing building or commercial space. The site is within the Polk Street Neighborhood Commercial District and a 65-A Height and Bulk District.

                Preliminary Recommendation: Approval with Conditions

          SPEAKER(S): None

          APPROVED: Approved

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee, Olague

          MOTION: 17000

F. REGULAR CALENDAR

      10. 2005.0068D (S. VELLVE: (415) 558-6263)

          4967-4969 - 17TH STREET - south side between Stanyan and Shrader Streets; Lot 059 in Assessor's Block 1289 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of dwelling unit mergers, of Building Permit Application 2004.11.03.8481 proposing to legalize the merger of two dwelling units into one dwelling unit within a two-unit building in an RH-2 (House, Two-Family) District and a 40-X Height and Bulk District.

      Preliminary Recommendation: Take Discretionary Review and disapprove the permit.

          NOTE: On April 21, 2005, following public testimony, the Commission closed the public hearing and entertained a motion to not take Discretionary Review and approve the project. The motion failed with a +3-2 vote (Commissioners Hughes and Olague voted no and Commissioners Alexander and Bradford Bell were absent). Subsequently, the matter was continued to April 28, 2005 by a +5-0 vote (Commissioners Alexander and Bradford Bell were absent. Public comment will remain open only to address any new or modified information or material.

          On April 28, following additional Commission deliberation, this matter was continued to May 5, 2005.

          (Continued from the Regular Meeting of April 28, 2005)

          SPEAKER(S): None

          APPROVED: Although not properly on calendar, the members of the Commission indicated their desire to revisit this item on May 19, 2005.

      11a. 2003.1152DV (M. LUELLEN: (415) 558-6478)

          329 BAY STREET - south side between Powell and Mason Streets through to Vandewater Street; Lot 036, Block 0041 - Request for Discretionary Review of Building Permit Application No. 2004.07.16.9064 - proposing to demolish the existing, largely vacant, one-story building with 8,550 square feet of existing retail space to construct a new four-story building approximately 40' high containing 21 dwelling units and 3.100 square feet of retail space. Twenty-one parking spaces would be located below grade, located in C-2 (Community Commercial) District in the Northern Waterfront Special Use District #2, and a 40-X Height and Bulk District.

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

(Continued from Regular Meeting of April 21, 2005)

          SPEAKER(S):

          Catherine Petrin - Friends of Vandewater/Friends of the Tree

          - She agrees to withdraw the Discretionary Review request.

          - She commended Commissioner Olague and the comments she made regarding the tree.

          - She commended the project sponsor's attorney for his comments as well.

          ACTION: Discretionary Review Withdrawn

11b. 2003.1152DV (M. LUELLEN: (415) 558-6478)

          329 BAY STREET - south side between Powell and Mason Streets through to Vandewater Street; Lot 036 Block 0041 - Request for Variance from rear yard requirements, pursuant to a project that would demolish the existing, largely vacant, one-story building with 8,550 square feet of existing retail space to construct a new four-story building approximately 40 feet high, containing 21 dwelling units and 3,100 square feet of retail space. Twenty-one parking spaces would be located below grade, with vehicular access from Vandewater Street. Section 134(a)(1) requires that a building, which contains dwellings in this district, have a minimum rear yard depth equal to the larger of 25 percent of the lot depth or 15 feet. The subject lot is 120 feet deep and the required rear yard would be 30 feet. The project proposes no rear yard, but substitutes two light courts approximately 25 feet in depth on each side property line at mid-lot. The site is zoned C-2 (Community Business District), in the Northern Waterfront Special Use District #2, and a 40-X Height and Bulk District.

      (Continued from Regular Meeting of April 21, 2005)

          SPEAKER(S):

          Sue Hestor - Attorney for Friends of Vandewater Street

          - She submitted to the Zoning Administrator the conditions of approval that were acceptable to all parties.

          David Cincotta - Representing Project Sponsor

          - He agrees with the document that Ms. Hestor submitted.

          - He thanked all the neighbors for all the meetings that were held.

          ACTION: Zoning Administrator closed the public hearing and granted the Variance based on agreements by the involved particulars.

      12. 2004.0886D (M. WOODS: (415) 558-6315)

          3461-3463 SACRAMENTO STREET - south side between Laurel and Walnut Streets; Lot 024 in Assessor's Block 1020 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of dwelling unit mergers, of Building Permit Application No. 2004.05.28.5151, proposing to convert the building's authorized use from two units to one unit. The units to be merged are on the second floor of a mixed use building, in the Sacramento Street Neighborhood Commercial District and a 40-X Height and Bulk District.

          Preliminary Recommendation: Take Discretionary Review and disapprove the proposed dwelling unit merger.

          SPEAKER(S):

          (+) Tracy Terroga - Project Sponsor

          - She is self-employed and has a business.

          - She is in her third housing situation since her divorce a few years ago.

          - She understands that the Commission is concerned about housing but she is having a hard time trying to find stability.

          - She enjoys the neighborhood and her neighbors and hopes to remain in the area.

          (+) Kendall Patton - Attorney - Sideman and Bancroft, LLP

          - The project sponsor has brought a healing business to the Sacramento corridor.

          - Removal to the unit will not be detrimental to the housing stock since one unit was vacant when the project sponsor purchased the home. The other tenant left willingly.

          - The project sponsor will use the upper unit as a single-family home.

          - The merger is necessary to correct a design deficiency.

          - He feels that the project sponsor has met the criteria required for unit mergers.

          (+) Mike Connel - Project Architect

          - There are no negative comments from the neighborhood regarding this merger.

          - This is just a "no brainer" project.

          David Sasson

          - The Planning Commission has turned the Pacific Stock Exchange into an equinox with nudity and a gymnasium.

          APPROVED: Did not take Discretionary Review and approved the merger.

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee, Olague

      13. 2004.0919DV (S. YOUNG: (415) 558-6346)

          181 28TH AVENUE - west side between McLaren Avenue and Lake Street; Lot 002 in Assessor's Block 1330 - Request for Discretionary Review of Building Permit Application No. 2004.09.14.4137S, proposing to construct a new two-car garage structure entirely within the required rear yard of an existing two-story over basement, single-family dwelling. The proposal is intended to address a Planning Code violation concerning the elimination of off-street parking in the basement level of the main building. The property is located in an RH-1(D) (Residential, House, One-Family Detached) District and a 40-X Height and Bulk District.

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

          SPEAKER(S):

          (-) Michael Ma - Discretionary Review Requestor

          - The project does not meet Variance requirements with regards to extraordinary circumstances, hardship, etc.

          - The project sponsor voluntary converted the garage to habitable space.

          - The alley would be the passageway for the cars to come into the proposed garage.

          - Each of the houses has a garage underneath. That is the typical pattern of the homes in the area.

          - If this project were approved, it would set a precedent for the rest of the houses in the neighborhood.

          - He urged the Commission to not approve the Variance or the project.

          (-) Sue Hestor

          - She is very concerned about the burdenship to the Discretionary Review requestor since it should be on the Project Sponsor.

          - All the houses in the area have similar fronts and similar backs.

          - If this project is approved, it will set a precedent.

          - The Planning Department has to do some corrective measures with the previous approval.

          (-) name - navy

          - He supports the Discretionary Review requestor -- garages are for cars.

          - A neighborhood has to keep their look and feel.

          (-) Joan Lumis

          - She lives on 29th Avenue.

          - She submitted a letter in opposition to the proposed project.

          - When the project sponsor previously converted the garage, they did not receive any notice.

          - She has spoken to various people in the Planning Department and the Department of Building Inspection and was told that someone had made a mistake and the project had been erroneously approved.

          - This project should therefore not move forward.

          (-) John Gibbons

          - He lives in the neighborhood.

          - He was not aware that the project sponsor was going to convert the garage to living space.

          - People that appear with "unclean hands" before the Commission should not have their project approved.

          - There are many people that have done construction work but have done it playing by the rules.

          (+) Craig McGay - Project Sponsor

          - He and his wife are the owners of the property.

          - He initiated restoration of his property to maximize the use of indoor and outdoor space, and to provide a safe indoor and outdoor environment for his children. He wants to continue a high point renovation of his house.

          - He submitted plans for the previous construction and received the over-the-counter permit and completed the project. He was shocked to receive a termination of this permit.

          - He then tried to rectify it and was allowed to continue the work.

          - He wanted to preserve the exterior of the home but maximize the interior as much as possible.

          - There are houses in the neighborhood that have garage entrances in the alley.

          - Various neighbors support his project.

          (+) Dr. Wendy Robbins - Project Sponsor

          - It is very important for her and her husband to complete the project to provide safety for her family.

          - Currently the space where the garage is proposed is an "eye sore" as well as dangerous.

          - She was shocked to read the information that Ms. Sue Hestor presented to them.

          - There is no such intent of conspiracy here.

          - She urged the Commission to allow them to continue the construction of the garage.

          APPROVED: Took Discretionary Review and disapproved the project.

          AYES: Alexander, Bradford Bell, Hughes, S. Lee, Olague

          NAYES: Antonini and W. Lee

            14. 2004.0346DDD (G. CABREROS: (415) 558-6169)

          245 - 23RD AVENUE - west side between California and Clement Streets, Lot 009 in Assessor's Block 1410 - Requests for Discretionary Review of Building Permit Application 2005.01.14.3280 to construct two additional stories and a rear horizontal addition to the existing two-story, two-unit building resulting in a four-story, two-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 April 21, 2005)

          SPEAKER(S): None

          ACTION: Without hearing, item continued to May 19, 2005

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee

          ABSENT: Olague

      15. 2004.0560D (G. CABREROS: (415) 558-6169)

          251 28TH AVENUE - west side between Lake and California Streets, Lot 005 in Assessor's Block 1388 - Request for Discretionary Review of Building Permit Application No. 2004.02.13.6414, proposing to construct a two-story rear addition to an existing two-story, single-family houses in an RH-1(Residential, House, One-Family) District and a 40-X Height and Bulk District.

          Preliminary Recommendation: Take Discretionary Review and Approve with Modifications.

          SPEAKER(S): None

          APPROVED: Without hearing, item continued to May 19, 2005

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee

          ABSENT: Olague

      16. 2005.0001D (G. CABREROS: (415) 558-6169)

          146 18TH AVENUE - east side between Lake and California Streets, Lot 034 in Assessor's Block 1377 - Request for Discretionary Review of Building Permit Application No. 2004.09.07.3431, proposing to construct a three-story rear addition and add a second dwelling unit to an existing three-story, single-family houses 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.

          SPEAKER(S): None

          APPROVED: Discretionary Review Withdrawn

      17a. 2003.0996D (G. CABREROS: (415) 558-6169)

          1314-16 LYON STREET - east side between Geary Boulevard and Post Street; Lot 021 in Assessor's Block 1081 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2003.02.21.8063, proposing to demolish a two-unit, two-story building in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

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

          SPEAKER(S):

          (+) Mark Brandt - Project Architect

          - By the time he was hired for this project, the Commission had adopted their demolition policy.

          - He received instructions by the planner to revise the design of the project and they did.

          - He hopes that the Commission will approve the demolition of this substandard building and approve the proposed new construction.

          (+) David Sasson

          - He wants to know if the proposed project will allow retail?

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

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee

          ABSENT: Olague

      17b. 2003.0343D (G. CABREROS: (415) 558-6169)

          1314-16 LYON STREET - east side between Geary Boulevard and Post Street; Lot 021 in Assessor's Block 1081 - 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. 2002.10.03.8125, proposing to construct a two-unit, four-story building in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

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

          SPEAKER(S): See Speakers for Item 17a.

          APPROVED: Did not take Discretionary Review and approved the project.

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee

          ABSENT: Olague

      18a. 2004.1341EXCV (K. AMDUR: (415) 558-6351)

          715-719 AND 721 MARKET STREET - south side between 3rd and 4th Streets, Lots 063 and 064 in Assessor's Block 3706 - Request for Determinations of Compliance and Request for an Exception to the rear yard requirement under Planning Code Section 309 as permitted in Code Section 134(d) for a proposed project consisting of the conversion of two existing adjacent buildings, one with 7 stories and one with 2 stories, to a mix of uses including up to 45 dwelling units, up to 45 parking spaces, three ground floor retail spaces totaling approximately 4,000 sq. ft. and approximately 5,300 sq. ft. of office space in the basement and on the ground floor. Common usable open space would be provided on the roof of the 7-story building. The Project also requires concurrent hearings for Conditional Use authorization and before the Zoning Administrator for a variance from Code-required dwelling unit exposure. The project site is within a C-3-R (Downtown Retail District), and a 120-X Height and Bulk District.

      Preliminary Recommendation: Approval with Conditions

          SPEAKER(S):

          (+) Jim Reuben - Reuben and Alter

          - There is no controversy here and I am available for questions.

          (+) Chris Subsick

          - This project will blend well with the cultural developments going on in the area.

          - The units lay out very well in every aspect.

          - The building has its attributes as a residential building.

          - He is available for questions.

          APPROVED: Approved with an additional Condition of Approval: within one (1) year of full occupancy of the project, the project sponsor shall submit to the Department a survey indicating residency patterns, occupancy patterns, to the best extent the project sponsor can.

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee, Olague

          MOTION: 17001

      18b. 2004.1341EXCV (K. AMDUR: (415) 558-6351)

          715-719 AND 721 MARKET STREET - south side between 3rd and 4th Streets, Lots 063 and 064 in Assessor's Block 3706 - Request for Conditional Use authorization under Planning Code Sections 303, 151, 204.5 and 157 to allow parking in excess of the amount allowed as accessory, for a proposed project consisting of the conversion of two existing adjacent buildings, one with 7 stories and one with 2 stories, to a mix of uses including up to 45 dwelling units, up to 45 parking spaces, three ground floor retail spaces totaling approximately 4,000 sq. ft. and approximately 5,300 sq. ft. of office space in the basement and on the ground floor. Common usable open space would be provided on the roof of the 7-story building. The Project also requires concurrent hearings for Determinations of Compliance and Approval of an Exception under Section 309 and before the Zoning Administrator for a variance from Code-required dwelling unit exposure. The project site is within a C-3-R (Downtown Retail District), and a 120-X Height and Bulk District.

          Preliminary Recommendation: Approval with Conditions

          SPEAKER(S): Same as those listed for item 18a.

          APPROVED: Same Approval as 18a.

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee, Olague

          MOTION: 17002

18c. 2004.1341EXCV (K. AMDUR: (415) 558-6351)

          715-719 AND 721 MARKET STREET - south side between 3rd and 4th Streets, Lots 063 and 064 in Assessor's Block 3706 - Request for a Variance from the Code requirements for dwelling unit exposure (Section 140) for a proposed project consisting of the conversion of two existing adjacent buildings, one with 7 stories and one with 2 stories, to a mix of uses including up to 45 dwelling units, up to 45 parking spaces, three ground floor retail spaces totaling approximately 4,000 sq. ft. and approximately 5,300 sq. ft. of office space in the basement and on the ground floor. Up to 17 of the units would not meet the requirements of Section 140. Common usable open space would be provided on the roof of the 7-story building. The Project also requires Conditional Use authorization to allow parking in excess of the amount allowed as accessory, and Section 309 Determinations of Compliance and approval of an Exception to the rear yard requirement. The project site is within a C-3-R (Downtown Retail District), and a 120-X Height and Bulk District.

          SPEAKER(S): Same as those listed for Item 18a.

          APPROVED: Zoning Administrator closed the public hearing and granted the variance.

19a. 2004.0953EKVHX (K. AMDUR: (415) 558-6351)

          74 NEW MONTGOMERY STREET - west side between Jessie and Ambrose Bierce Streets, Lot 033 in Assessor's Block 3707 - Request for Determinations of Compliance and Request for Exceptions under Planning Code Section 309 including an exception to the rear yard requirement as permitted in Code Section 134(d), and an exception to the independently accessible parking space requirements set forth in Code Section 155(c), for the proposal to convert the interior of the historic Call Building from office to residential use and to construct a new penthouse addition on the roof of the building. The project would retain and restore the building's historic exterior. Floors 2-7 would be converted to approximately 102 units and four (4) units would be added in a new penthouse constructed on the roof, for a total of approximately 106 dwelling units. Existing ground floor commercial space would be retained, and some new retail space would be provided facing Jessie St. Usable open space would be provided on the roof.

          The Project also requires concurrent hearings for approval of a Permit to Alter for the addition of the penthouse story to a Category I building and before the Zoning Administrator for a variance from Code requirements for dwelling unit exposure, and for provision of fewer parking spaces than required. This Project lies within a C-3-O (Downtown Office) District, and is within a 150-S and 300-S Height and Bulk District.

          Preliminary Recommendation: Approval with Conditions

          SPEAKER(S):

          (+) Mike Kelley - MK Equity Group

          - He is representing the project sponsor.

          - The contractor specifying in historic preservation is available for questions.

          - The historic exterior is intact.

          - The ground floor will stay intact and will contain retail use.

          - The project has received a lot of support.

          (+) Kate White - San Francisco Action Coalition

          - They support 74 New Montgomery.

          - The parking requirements are an example of projects in areas with public transportation.

          - This area is always encouraging downtown housing.

          (+) Azalia Merrill - Carpenter's Union

          - This project provides an opportunity for people to live in the area they work in.

          - She is excited to know that the Call Building will be put to good use.

          - This area is very well served by MUNI.

          - She hopes that this project will be approved.

          APPROVED: Approved with an added Condition: within one (1) year of full occupancy of the project, the project sponsor shall submit to the Department a survey indicating residency patterns, occupancy patterns, to the best extent that the project sponsor can.

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee, Olague

          MOTION: 17003

      19b. 2004.0953EKVHX (K. AMDUR: (415) 558-6351)

          74 NEW MONTGOMERY STREET - west side between Jessie and Ambrose Bierce Streets, Lot 033 in Assessor's Block 3707 - Request for a Permit to Alter a seven-story Category I Preservation Building under Planning Code Section 1111, to convert the interior from office to residential use and to construct a new penthouse addition on the roof of the building. The Project would reuse the historic Call Building, and retain and restore the building's historic exterior. Floors 2-7 would be converted to approximately 102 units and four units would be added in a new penthouse constructed on the roof, for a total of approximately 106 dwelling units. Existing ground floor commercial space would be retained, and some new retail space would be provided facing Jessie St. Usable open space would be provided on the roof. The Project also requires concurrent hearings for Determinations of Compliance and the approval of two Exceptions under Section 309, and before the Zoning Administrator for a variance from Code requirements for dwelling unit exposure, and for provision of fewer parking spaces than required. This Project lies within a C-3-O (Downtown Office) District, and is within a 150-S and 300-S Height and Bulk District.

      Preliminary Recommendation: Approval with Conditions

          SPEAKER(S): Same as those listed for Item 19a.

          APPROVED: Approved with an added Condition: within one (1) year of full occupancy of the project, the project sponsor shall submit to the Department a survey indicating residency patterns, occupancy patterns, to the best extent that the project sponsor can.

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee, Olague

          MOTION: 17004

      19c. 2004.0953EKVHX (K. AMDUR: (415) 558-6351)

          74 NEW MONTGOMERY STREET - west side between Jessie and Ambrose Bierce Streets, Lot 033 in Assessor's Block 3707 - Request for Variances from the Code requirements for dwelling unit exposure (Section 140) and parking (Section 151) for the proposal to convert the interior of the historic Call Building from office to residential use and to construct a new penthouse addition on the roof of the building. The project would retain and restore the building's historic exterior. Floors 2-7 would be converted to approximately 102 units and four (4) units would be added in a new penthouse constructed on the roof, for a total of approximately 106 dwelling units. Existing ground floor commercial space would be retained, and some new retail space would be provided facing Jessie St. Usable open space would be provided on the roof. Up to 50 of the dwelling units would not meet the requirements of Section 140, and the proposed parking garage would only accommodate 17 cars independently-accessible when 27 are required by Code. The Project also requires by Code. The Project also requires concurrent hearings before the Planning Commission for approval of a Permit to Alter for the addition of the penthouse story to a Category I building and for Determinations of Compliance and approval of Exceptions (for rear yard and independently-accessible parking), and approval of a Permit to Alter for the addition of the penthouse story to a Category I building. This Project lies within a C-3-O (Downtown Office) District, and is within a 150-S and 300-S Height and Bulk District.

          SPEAKER(S): Same as those listed for Item 19a.

          APPROVED: The Zoning Administrator closed the public hearing and granted the dwelling unit exposure and parking variances.

      20. 2005.0194T (P. LORD: (415) 558-6311)

          MASSAGE ESTABLISHMENT DEFINITION AS PER HEALTH CODE AND REQUIREMENTS FOR CONDITIONAL USE AUTHORIZATION - Consideration of an Ordinance amending San Francisco Planning Code Sections 218.1, 710.54, 711.54, 712.54, 713.54, 716.54, 717.54, 718.54, 719.54, 720.54, 721.54, 722.54, 723.54, 724.54, 725.54, 726.54, 727.54, 728.54, 729.54, 730.54, 810.54, 811.54, 812.54, 790.60 and 890.60 to define massage establishments per Section 1900 of the Health Code, to provide that all massage establishments shall be permitted as conditional uses, to provide that non-incidental massage establishments must first obtain all required permits from the Health Department before seeking a conditional use permit, and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

          Preliminary Recommendation: Approval

      (Continued from Regular Meeting of April 28, 2005)

          SPEAKER(S):

          (+) Supervisor Fiona Ma

          - The criminal activity of massage establishments should be controlled.

          - There are a number of people being smuggled into the country to work in massage establishments for prostitution.

          - This amendment would allow the establishment of legitimate massage parlors.

          (+) Linnette Haynes - SAGE

          - They work with victims of human trafficking--which is defined as modern day slavery-and are working to stop it.

          - People who are smuggled into the country are experiencing various problems in their country of origin. These people are looking for a better life.

          - Traffickers do not discriminate. They smuggle men and women.

          - She is in favor of this ordinance.

          (+) Norma Hotaling - SAGE

          - They are involved with trying to stop international and domestic trafficking of people.

          - Many of the people who are smuggled are told lies and are brought into the country for prostitution.

          APPROVED: Approved

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee, Olague

          MOTION: 17005

      21a. 2005.0097CV (T. TAM: (415) 558-6325)

          890 VIENNA STREET - southwest corner of Vienna and Amazon Streets; Lot 3 in Assessor's Block 6353 - Request for a Conditional Use authorization pursuant to Planning Code Sections 209.3 and 303 to allow the establishment of a day care facility for up to 49 children (Little Eagles Catholic Preschool), an institutional use in "O'Keefe Hall," a building presently used by the parish of the Church of the Epiphany. The property is located in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

    Preliminary Recommendation: Approval with Conditions

          SPEAKER(S):

          (+) Michael Prada - School Principal

          - He hopes that the Commission will support this project.

          - They have had a lot of support for this project.

          - The school has done a lot of traffic abatement for many years.

          - Regarding traffic, there is plenty of staff available during arrival and dismissal of the students.

          APPROVED: Approved

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee, Olague

          MOTION: 17006

      21b. 2005.0097CV (T. TAM: (415) 558-6325)

          890 VIENNA STREET - southwest corner of Vienna and Amazon Streets; Lot 3 in Assessor's Block 6353 - Request for a Parking Variance pursuant to Planning Code Sections 151 and 305 to allow the absence of parking whereas a total of two (2) off-street parking spaces are required. The variance will be heard before the Zoning Administrator concurrently with the Commission's consideration of the Conditional Use authorization on May 5, 2005.

          SPEAKER(S): Same as those listed for Item 21a.

          APPROVED: Zoning Administrator closed the public hearing and granted the variance.

6:30 P.M. 6:45 P.M.

G. 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.

      Re: Resolution - Item 23f:

      Chris Durazo - SOMCAN

      - She is concerned about a few issues: She feels the $3.00 fee as a citywide impact fee for open spaces is just a PR piece; She feels the first resolve should be eliminated and the second one should be revised.

      George Westlake - Archdiocese of San Francisco

      - Many of the parishes have been working for many years for more affordable housing in the City.

      - This resolution is the right step in that direction.

      Ken Warner - Trinity Plaza Resident's Association

      - This resolution does no good for people who cannot afford to buy a home in San Francisco.

      April Veneracion - SOMCAN

      - It is important to emphasize that Rincon Hill is a broader South of Market community.

      - The impact fee should be directed specifically to the South of Market.

      - On the last paragraph: If a Mello-Roos is pursued, the cost savings to the developer should be based on the local impact fee.

      - Commissioner Sue Lee requested sites for affordable housing. She would like to see that information discussed today.

      Barbara Long - Senior Housing Action Committee

      - They adopted the platform for the South of Market.

      - The South of Market Seniors have asked for jobs and housing for them - this could be added to the resolution.

      - The community stabilization fund should be in the control of the South of Market area and not used throughout the city.

      Calvin Welch - Council of Community Housing Coalition

      - There is no date certain in the fourth paragraph of the resolution.

      - The Commission should stipulate a specific date when the mitigations are to be decided upon.

      Judith Baker - South of Market Child Care

      - Her organization has adopted the community platform.

      - She is glad that there will be first-source hiring, but housing also is very important.

      - The mitigation measures should benefit the South of Market.

      Sue Hestor

      - There needs to be major improvements in the area.

      - If the housing burden is shifting in the South of Market, then there should be improvements in the area as well.

      - The Commission needs to communicate all this to the Board of Supervisors.

      Reed Bement - Rincon Hill Residents Association

      - The surrounding areas should benefit from the development impact fees.

      - The affordable housing should be inclusionary.

      - Funds should go to the Rincon Hill and immediate South of Market area.

      Diego Sanchez - South of Market Community Coalition

      - They hosted a meeting with planning staff. It was mentioned at the meeting that the impact fees could go as high as $25.00.

      - It would be great to get that extra "chunk!"

      - It is important to go back to the drawing board and find out where the $25.00 is.

      Re: On the various proposed project actions listed below - items 22 and 23a-e:

      Douglass Perry - Construction and Building Trades Council

      - He hopes that these projects are approved as well as the ones in the pipeline. This will provide much needed housing and much needed jobs.

      Theodore Brown - Project Sponsor for 375 Fremont Street

      - He thanked staff and the Commission for getting his project in the pipeline.

      Brendan Donagan - Architect

      - He has two projects in the area.

      - Allowing 375 and 399 Fremont to go forward is the right idea.

      - This way there will be more housing instead of less.

      Chris Durazo - SOMCAN

      - She urged the Commission to look at the issue of cumulative impacts in the neighborhood.

      - These towers will be high density.

      - She urges the Commission not to pass the EIR. It will come back again if the issues are not dealt with.

      Barbara Long

      - This is a very important moment for San Francisco. It will open the doors to different building developments for wealthy people.

      Glenn German

      - He is disappointed with how the night is going right now.

      - The Commission is taking a disenfranchised community and hurting it further.

      April Veneracion - SOMECAN

      - She is very disappointed and encourages the Commission to revise the previous conversation or not pass the plan.

      - Supervisor Maxwell was in support of their platform.

      - She hoped that the Commission would send a strong message and not have to go through the Board of Supervisors.

      - There are tremendous City benefits to this plan and they should be implemented.

      Mike Thereau

      - He thanked staff for this plan and their efforts to include pipeline projects in the plan.

      - He looks forward to moving on to the next steps.

      - There will be much needed money brought to the City.

      Jim Salinas

      - He is glad that all of the issues have been "washed" out.

      - He thanked staff for having incorporated the pipeline projects into the plan.

      - There are critical housing needs in this City.

      Michael Alexander - San Francisco Beautiful

      - They support this plan but also want the Commission to look at the long-term affects of it.

      - There are always going to be people who will ask for exceptions.

      - The opportune time to say "no" is now.

      Greg Miller

      - He thanked staff for allowing the pipeline projects to be included.

      Robert Meyers

      - The pipeline projects are consistent with the Rincon Hill plan.

      - This would allow for much needed housing to begin right away.

      Ken Warner - Trinity Plaza Tenants Association

      - How many people read his article in Beyond Chron regarding Rincon Hill?

      - If the Commission votes yes to certify the EIR, people will take it to court.

      Reed Bement - Rincon Hill Tenants Association

      - He has made suggestions to improve the plan and one of those would be to not include the two projects on Fremont Street.

      - He urged the Commission to do what is fair for the residents of the Rincon Hill area.

      Jeffrey Libovitz

      - There are a few exciting projects going on in the area.

      - It is important to see the needs of the South of Market.

      - Improvements are needed in the infrastructure, community developments, etc. in the South of Market.

      Sue Hestor

      - She requested no pipeline exceptions.

      - 60% rental is even high. Families that exist in the South of Market will be eliminated.

      - Low-income people have kids.

      - The EIR is not based on a real world.

      Azalia Merrill - Carpenter's Union

      - As a mother of three and a native San Franciscan she appreciates the comments for affordable housing.

      - Affordability can be sustained by projects.

      - She hopes that pipeline jobs are allowed to go through instead of pausing them and causing for rates to rise.

F. REGULAR CALENDAR

      PLEASE NOTE: Regarding the following Rincon Hill Plan items - On April 21, 2005, following public testimony, the Commission closed the public hearing and passed a motion to continue these items for one week (to April 28, 2005) to engage in continued Commission deliberations with the stipulation that there would be no Commission action at that time. The items were then continued to May 5, 2005, for possible Commission action.

22. 2000.1081EMTZ (R. COOPER: (415) 558-5974)

          RINCON HILL PLAN - Certification of Environmental Impact Report. The proposed project is a revised Rincon Hill Plan (an Area Plan of the San Francisco General Plan) and revised planning controls for the Rincon Hill area. The San Francisco Planning Department proposes to replace the Planning Code's existing Rincon Hill Special Use District (SUD), as set out in Planning Code Section 249.1, with a new Rincon Hill Downtown Residential Mixed Use District (DTR), which would increase height limits, revise the "R" bulk district, amend the Rincon Hill Area Plan, and make other General Plan and zoning changes intended to stimulate additional high-density, residential development in the Rincon Hill area. Improvements to the streetscape, transportation system and open space would result from implementation of the new Plan. Rincon Hill is in the northeast section of San Francisco, south of the Financial District and Transbay Terminal, and north of the South Beach neighborhood. The project area is bounded generally by Folsom Street, Steuart Street, The Embarcadero, Bryant Street, the Bay Bridge approach and the Transbay Terminal ramps and encompasses about 12 city blocks.

          NOTE: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on December 10, 2004. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission during the Public Comment portion of the Commission calendar.

      (Continued from the Regular Meeting of April 28, 2005)

          SPEAKER(S): None

          APPROVED: Approved certification

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee, Olague

          MOTION: 17007

23a. 2000.1081EMTZ (R. COOPER: (415) 558-5974)

          RINCON HILL PLAN - Assessor's Blocks 3744, 3745, 3746, 3747, 3748, 3749 (excluding lots 052, 061, 062, and 064), 3766 (excluding lots 018 and 019), 3767, 3768, and 3769. The Commission will consider a resolution to Adopt CEQA Findings regarding General Plan Amendments and Planning Code and Zoning Map Amendments pursuant to adoption of the Rincon Hill Area Plan.

    Preliminary Recommendation: Approve Draft Resolution

          (Continued from Regular Meeting of April 28, 2005)

          SPEAKER(S): None

          APPROVED: Approved

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee, Olague

          RESOLUTION: 17008

      23b. 2000.1081EMTZ (M. FOSTER (415) 558-6362)

          RINCON HILL PLAN - Assessor's Blocks 3744, 3745, 3746, 3747, 3748, 3749 (excluding lots 052, 061, 062, and 064), 3766 (excluding lots 018 and 019), 3767, 3768, and 3769. The Commission will consider a resolution to Adopt Proposed Amendments to the Rincon Hill Area Plan and other elements of the General Plan (Revising the Rincon Hill Area Plan and amending the Urban Design and Recreation and Open Space

          Elements, the Downtown and South of Market Area Plans, and the Land Use Index) pursuant to the Rincon Hill Plan.

      Preliminary Recommendation: Approve Draft Resolution

          (Continued from Regular Meeting of April 28, 2005)

          SPEAKER(S): None

          APPROVED: Approved as amended:

          Ordinance Amending the General Plan

          Page 44.

          Edit new Objective 7.3 to read: "Objective 7.3: Use local South of Market residents and First Source employees and provide adequate job training, especially for South of Market residents, for new construction and post-construction jobs created from new development to the maximum extent feasible."

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee, Olague

          RESOLUTION: 17009

      23c. 2000.1081EMTZ (M. FOSTER (415) 558-6362)

          RINCON HILL PLAN - Assessor's Blocks 3744, 3745, 3746, 3747, 3748, 3749 (excluding lots 052, 061, 062, and 064), 3766 (excluding lots 018 and 019), 3767, 3768, and 3769. The Commission will consider a resolution to Adopt Proposed Amendments to the Planning Code (Adding Sections 145.4, 166, 167, 175.7, 309.1, and 827, and amending Sections 102.5, 135, 141, 151, 152, 153, 154, 155, 182, 201, 207.5, 209, 249.1, 260, 270, 603, 608.13, 802.1, 803, 809). Proposed amendments will establish the Rincon Hill Downtown Residential District and make related text changes pursuant to the Rincon Hill Plan.

      Preliminary Recommendation: Approve Draft Resolution

          (Continued from Regular Meeting of April 28 2005)

          SPEAKER(S): None

          MOTION: Adopt with exclusion of pipeline projects from this plan.

          AYES: Alexander and Olague

          NAYES: Antonini, Bradford Bell, Hughes, S. Lee, W. Lee

          RESULT: Motion Failed

          APPROVED: Approved with Amendments:

          Ordinance Amending the Planning Code (DTR)

          Page 62, line 4. Add language to Section 175.7 to read "...to projects only on Block 3747, Lots 001E, 002 and 006 for which an application..."

          Page 62, line 5. Add language to Section 175.7 to read "...respectively, provided that such projects shall comply with the progress requirements and approval revocation provisions of Planning Code Section 309.1(e) as set forth in this Ordinance. Provisions of this..."

          Page 100, Line 5. Add language to read "...may be granted to a project only on Block 3747 on a lot formed by the merger of part or all of Lots 001E, 002 and 006, pursuant to the procedures..."

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee

          NAYES: Olague

          RESOLUTION: 17011

      23d. 2000.1081EMTZ (M. FOSTER (415) 558-6362)

          RINCON HILL PLAN - Assessor's Blocks 3744, 3745, 3746, 3747, 3748, 3749 (excluding lots 052, 061, 062, and 064), 3766 (excluding lots 018 and 019), 3767, 3768, and 3769. The Commission will consider a resolution to Adopt Proposed Amendments to the Zoning Map (Amending Maps 1,1H, and 1SU). Proposed amendments will establish the Rincon Hill Downtown Residential Mixed-Use ("DTR") District, revise height and bulk districts in the area, and revise the boundaries of the existing "Rincon Hill Residential/Commercial Special Use District" and rename it the "Folsom and Main Residential/Commercial Special Use District" pursuant to the Rincon Hill Plan.

      Preliminary Recommendation: Approve Draft Resolution

          (Continued from Regular Meeting of April 28, 2005)

          SPEAKER(S): None

          APPROVED: Approved

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee, Olague

          RESOLUTION: 17010

      23e. 2000.1081EMTZ (M. FOSTER (415) 558-6362)

          RINCON HILL PLAN - Assessor's Blocks 3744, 3745, 3746, 3747, 3748, 3749 (excluding lots 052, 061, 062, and 064), 3766 (excluding lots 018 and 019), 3767, 3768, and 3769. The Commission will consider a resolution to Adopt Proposed Amendments to the Planning Code (Adding Section 318). Proposed amendments will establish "Community Improvements Funds" and "Community Improvement Impact Fees" in Downtown Residential Districts, and a specific Rincon Hill Community Improvements Fund and Community Improvement Impact Fee pursuant to the Rincon Hill Plan.

      Preliminary Recommendation: Approve Draft Resolution

          (Continued from Regular Meeting of April 28, 2005)

          SPEAKER(S): None

          APPROVED: Approved as amended:

          Ordinance Amending the Planning Code (Fee Ordinance)

          Page 6. Delete lines 1-4.

          Page 6, Lines 5-6, renumber subsection as (i). Delete everything after "..above" so that subsection reads: "(i) $11.00 in the Rincon Hill downtown residential area, as described in (a)(i) above."

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee, Olague

          MOTION: 17012

      23f. (M. FOSTER (415) 558-6362)

          RINCON HILL PLAN - The Planning Commission will consider adoption of a proposed resolution urging the Board of Supervisors to adopt certain fees and housing affordability measures in conjunction with the Board's adoption of the Rincon Hill Plan.

          Preliminary Recommendation: Adoption

          SPEAKER(S): None

          APPROVED: Approved

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee

          NAYES: Olague

          MOTION: 17013

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))

Adjournment: 10:59 p.m.

      THESE MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, JUNE 2, 2005.

SPEAKERS: None

ACTION: Approved

      AYES: Alexander, Antonini, Bradford Bell, S. Lee, W. Lee, Olague

ABSENT: Hughes

Last updated: 11/17/2009 10:00:16 PM