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City and County of San Francisco

January 10, 2002

January 10, 2002

 

SAN FRANCISCO PLANNING COMMISSION


Meeting Minutes

Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, January 10, 2002
1:30 PM
Regular Meeting


PRESENT:          Baltimore, Chinchilla, Fay, Joe, Lim, Theoharis
ABSENT:          Salinas

THE MEETING WAS CALLED TO ORDER BY PRESIDENT THEOHARIS AT 1:37 p.m.

STAFF IN ATTENDANCE: Gerald G. Green, Director of Planning; Larry Badiner, Zoning Administrator; Jean-Paul Samaha; Kelley LeBlanc; Mary Woods; Adam Light; Joan Kugler; Lisa Gibson; Paul Lord; Jonathan Purvis; Ben Fu; Vahram Massehian; Tina Tam; Dario Jones; Nora Priego, Transcription Secretary; Linda Avery, Commission Secretary

A.          CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

The Commission will consider a request for continuance to a later date. The Commission may choose to continue the item to the date proposed below, to continue the item to another date, or to hear the item on this calendar.

1.          2001.0927C                                                             (VELLVE: 558-6263)
1515 to 1541 - 19th AVENUE - west side, between Kirkham and Lawton Streets, Lot 004, Assessor’s Block 1865 - Request for Conditional Use Authorization pursuant to Section 209.6(b) of the Planning Code to install three (3) panel antennas and related equipment as part of Sprint PCS’s wireless telecommunications network on a publicly-used structure (a telephone switching station) within a RH-2 (House, Two-Family) Zoning District, and a 40-X Height and Bulk District. The proposal is a Preference Location 1.
Preliminary Recommendation: Approval with Conditions
                    (Proposed for Continuance to January 24, 2002)

SPEAKER(S):          None
ACTION:          Continued to January 24, 2002
AYES:          Baltimore, Fay, Joe, Theoharis
ABSENT:          Chinchilla, Lim, Salinas


          2a.          2001.0800CD          (M.SNYDER: 575-6891)
                    301 GUERRERO STREET - AKA 1795 15TH STREET - currently occupied by the business called Jet Hand Carwash and Detailing, southeast corner of 15th Street and Guerrero Streets, Lot 35 in Assessor's Block 3555 - Request for Conditional Use authorization under Board of Supervisor's Resolution 518-01 (the Mission District Interim Controls) to allow the construction of three market rate dwelling units in an RH-3 (Residential, House, Three-family) District, a 40-X Height and Bulk District, and the Mission District.
                    Preliminary Recommendation : Approval with Conditions
                    (Proposed for Continuance to February 28, 2002)

SPEAKER(S):          None
ACTION:          Continued to February 28, 2002
AYES:          Baltimore, Fay, Joe, Theoharis
ABSENT:          Chinchilla, Lim, Salinas

          2b.          2001.0800CD          (M.SNYDER: 575-6891)
                    301 GUERRERO STREET - AKA 1795 15TH STREET - currently occupied by the business called Jet Hand Carwash and Detailing, southeast corner of 15th Street and Guerrero Street, Lot 35 in Assessor's Block 3555 - Mandatory Discretionary review under Board of Supervisor’s Resolution 518-01 (the Mission District Interim Controls) for the change of use from a car washing business to three market-rate dwelling units, in the RH-3 (Residential, House, Three-Family) District, a 40-X Height and Bulk District, and the Mission District.
                    Preliminary Recommendation: Do not take Discretionary Review and Approve Project as proposed.
                    (Proposed for Continuance to February 28, 2002)

SPEAKER(S):          None
ACTION:          Continued to February 28, 2002
AYES:          Baltimore, Fay, Joe, Theoharis
ABSENT:          Chinchilla, Lim, Salinas

          3.          2001.0739DDDDDD          (CABREROS: 558-6169)
                    3352 WASHINGTON STREET - north side between Walnut Street and Presidio Avenue, Lot 011 in Assessor’s Block 0984 - Requests for Discretionary Review of Building Permit Application 2000/0616/2818S proposing to construct a dormer, deck and windscreens at roof level, to horizontally expand the rear of the existing building and to alter both front and rear facades in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.
                    Preliminary Recommendation: Pending
                    (Proposed for Continuance to March 14, 2002)

SPEAKER(S):          None
ACTION:          Continued to March 14, 2002
AYES:          Baltimore, Fay, Joe, Theoharis
ABSENT:          Chinchilla, Lim, Salinas

B.          COMMISSIONERS' QUESTIONS AND MATTERS

          4.          Consideration of Adoption - draft minutes of December 6, 13 and 20, 2001.

                    ACTION:          Approved
                    AYES:                    Baltimore, Fay, Joe, Lim, Theoharis
                    ABSENT:          Chinchilla and Salinas

          5.          Commission Matters
Commission Theoharis: Requested clarification regarding 2252 Beach Street, which went before the Board of Appeals last night (January 9, 2002).
-          Director Green replied that he would respond under the Director's Report

Commission Secretary: On January 17, 2002, in addition to the election of officers, you (the Commission) will have before you a draft Commission Hearing Schedule for 2002. Please review the draft document and be prepaired to discuss it, make recommendations to amend it, and adopt it next week.

C.          DIRECTOR'S REPORT

6.          Director's Announcements

Re: Welcome back
Welcomed Commissioners back after the holidays.

Re: Planning Budget
- Will be preparing a work program, which will include a budget that will show how fees will be received.
- This process will end in February.
- After input from the Commission, this work program will be presented to the Mayor.
- The Board of Supervisors has created a much more accelerated process for this.
- The department will develop a work program around a budget that will include at least a $2-3 million difference in what the department was funded last year.
- It will be quite a challenge to try to do all that is expected of the department with less.

Re: Absence of Commissioner Salinas
- Commissioner Salinas broke his leg in an accident at home.
- We will miss him today and hope he recovers quickly.

          7.          Review of Past Week's Events at the Board of Supervisors and Board of Appeals
BOS
Re: 1101 O'Farrel Street Proposal
- The board voted +9 -2 to allowe a map change that provides for a greater height and greater bulk.

Re: Industrial Protection Zone for Bayview
- The Board without much discussion unanimously adopted this.

BOA
Re: 2252 Beach Street
- The Director attended the BOA hearing last night regarding this case.
- The BOA heard this case in December 2001 at which time they proposed a second alternative design to the one this Commission decided on.
- The BOA voted +3 -1 to approve the amended design. Because they needed four (4) votes to overturn the Commission, their vote resulted in the Commission's decision being upheld.

Re: 144 Eddy Street
- This proposal is a residential hotel that had been vacant for 20 years. The project sponsor took out permits to renovate the hotel and never informed the department that it had been vacant. The zoning would not allow a tourist hotel.
- The ZA determined that the tourist hotel had been abandoned and that it could be used as a residential hotel.
- The Board upheld him +3 -2. This is in the North of Market Special Use District. It was an important victory for the preservation of affordable housing--and the most important kind of affordable housing in many ways because it is single room occupancy hotels that are affordable to the lowest income levels.

RE: 1600 Mission Street
- There is a rotating sign there.
- The ZA determined that the permits were unclear. An entire billboard that rotates is not permitted under the code. Elements of a billboard can rotate but not the entire billboard.
- The BOA upheld the ZA and said that rotating billboards are not allowed in the City.
- There will a clarification to make it extremely clear so that there is no ambiguity.

Re: 290 Union Street
- This proposal was approved before the Commission in 1997.
- The building was built out, but it was built two feet higher than the Certificate of Appropriateness allowed.
- A Discretionary Review was filed on the alteration permits and this was before the Commission again this past summer.
- The Commission approved the modifications and the modified certificate of appropriateness.
- The BOA upheld the Commission's decision +4-0 and determined that 24 inches beyond a permit is not in substantial compliance and need to file a new certificate of appropriateness and follow the directions of the Commission.

Re: Community Planning Process
- At the next hearing under Director's Report, there will be a status report on this process that will begin in February.

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

          8a.          2000.074EKXC          (LeBLANC: 558-6351)
                    77 VAN NESS AVENUE - west side between Fell and Hickory Streets, Lot 22 in Assessor’s Block 834 - Request under Planning Code Section 309 for Determinations of Compliance and Request for Exceptions including an exception to the rear yard requirement as permitted in Code Section 134(d), an exception to the bulk limits of Section 270 as permitted in Section 272, and an exception to ground level wind current requirements set forth in Section 148. The Project would construct an 8-story, approximately 100-foot tall building containing 50 dwelling units, approximately 19,550 square feet of office space, 1,350 square feet of ground floor commercial space, 3,400 square feet of rooftop open space for the residential units, at least 400 square feet of public open space in the lobby, and 58 parking spaces in a street-level parking garage. The Project site is currently used as a surface parking lot for approximately 60 cars. This Project lies within a C-3-G (Downtown General Commercial) District, and is within a 120-F Height and Bulk District.
                    Preliminary Recommendation: Approval with conditions (including limited number of replacement spaces)
                    NOTE: On December 13, 2001, the Commission entertained a motion of intent to approve the Section 309 Determination of Compliance and Exceptions, with the requirement that 6 Below Market Rate units be provided. The vote was +6-0 with Commissioner Baltimore absent. Final Language January 10, 2002.

SPEAKER(S):          None
ACTION:          Approved
AYES:          Baltimore, Fay, Joe, Lim, Theoharis
ABSENT:          Chinchilla and Salinas
MOTION:          16320

          8b.          2000.074EKXC          (LeBLANC: 558-6351)
                    77 VAN NESS AVENUE - west side between Fell and Hickory Streets, Lot 22 in Assessor’s Block 834 - Request for Conditional Use Authorization for parking in excess of the amount allowed as accessory. The Project would construct an 8-story, approximately 100-foot tall building containing 50 dwelling units along with office and retail space. The Project would have one parking space for every residential unit, and eight spaces for short-term commercial use. The Project site is currently used as a surface parking lot for approximately 60 cars. This Project lies within a C-3-G (Downtown General Commercial) District, and is within a 120-F Height and Bulk District.
                    Preliminary Recommendation: Disapproval as proposed, for 50 units with one parking space each. The Department recommends approval of conditional use for a maximum of 25 residential parking spaces for 50 units.
                    NOTE: On December 13, 2001, the Commission entertained a motion of intent to approve the Conditional Use to allow 58 off-street parking spaces, with the requirement that 6 Below Market Rate units be provided. The vote was +6-0 with Commissioner Baltimore absent. Final Language January 10, 2002.

SPEAKER (S):          None
ACTION:          Approved
AYES:          Baltimore, Fay, Joe, Lim, Theoharis
ABSENT:          Chinchilla and Salinas
MOTION:          16321

E.          REGULAR CALENDAR

Item 9 was called out of order and followed Item 13.

          9.          2001.0505C          (WOODS: 558-6315)
          2324 - 2340 CHESTNUT STREET - north side, between Scott and Divisadero Streets, Lots 12 and 14 in Assessor's Block 929 - Request for Conditional Use Authorization under Planning Code Sections 121.1, 121.2, 303, 711.11, 711.21 and 711.27 to exceed the permitted lot size of 9,999 square feet by approximately 7,500 square feet for a total lot size of approximately 17,501 square feet and the permitted use size of 3,999 gross square feet for the expansion of an existing personal service use (Gorilla Sports) from approximately 11,700 gross square feet to approximately 22,700 gross square feet, and to allow hours of operation to commence prior to 6:00 a.m. (5:30 a.m. proposed) in an NC-2 (Small-Scale Neighborhood Commercial District) and a 40-X Height and Bulk District. The proposal is to incorporate the Presidio Theatre space (approximately 11,000 gross square feet) at 2340 Chestnut Street with the existing Gorilla Sports space (approximately 11,700 gross square feet) at 2324 Chestnut Street. The conversion of use of the theatre space would involve removal of theatre seating, interior alterations as well as exterior alterations consisting of the provision of two ingress/egress doorways connecting the two buildings. The existing retail spaces at the front of the Presidio Theatre would be retained.
Preliminary Recommendation: Approval with Conditions

SPEAKER(S):
(-) Sandra De St. Phalle
- She opposes the conversion of the theatre to an exercise facility since the theatre should be preserved.
- A venue for independent films is very important in San Francisco.
(+) Ted Nasser – Consolidated Theatre Inc.
- Gorilla Sports has been very sensitive to preserving various aspects of the Alhambra Theater.
- He believes that Gorilla Sports will be a very good tenant.

(-) Alfonso Felder
- The most important part of this is to keep the use of the theatre.
- There is a gym already on this street yet what Gorilla is proposing will remove another good use in this City.
- He hopes that all creative uses are considered before the Commission approves it.
(-) Scott Weaver
- He is against this conversion because the Presidio has character and this will destroy this neighborhood character.
- He hopes that the Commission does in-depth investigation and research.
- There are already various gyms in the area.
(-) Rona Robrig
- The Marina District has more gyms per capita than any other district in San Francisco.
- She hopes that the Commission will not approve this conversion.
(+) Kathleen Havlehan – Heaven Day Spa
- She supports Gorilla Sports expanding.
- She lives in the neighborhood and would like to have a business come in that is already thriving and exciting in other areas of the City.
(+) Ray Greggains – Physical Education Chairperson at Lincoln High School
- Because of the generosity of Gorilla Sports, Lincoln High School has been able to thrive in sports education and activities.
- They have donated generous amounts of money to improve the sports program and have also donated sports machines.
- He hopes that the Commission will approve this conversion.
(-) Tara Dale
- She would like the theatre to remain a theatre.
- It is an important place and the theatre should stay there.
- She is against this conversion.
(+) Vegas Jenkins
- He has been involved with the independent filmmakers.
- He is not against this conversion since it will allow the  independents' to show their work.
- It is hard for independent filmmakers to get into festivals so this provides an opportunity for independent films to be shown.
(-) Myriam Oliven
- She is so angry that the sign was not posted yet there are so many people here to speak on this project.
- She is against this conversion since this neighborhood should not be destroyed.
- She is a member of a gym in the Presidio since there are various gyms in the area.
(-) Patricia Voughey
- A continuation date of March 14, 2002 is fine with her.
(-) Rancy Roselini – Golden Gate Palotis
- She is opposed to the destruction of a beautiful theatre.
- She hopes that the Commission adheres to the zoning of this area.
(-) Greg Hanson – Cow Hollow Neighborhood
- This neighborhood has already rejected the chain businesses.
- He is opposed to this conversion since it will take away the only theatre left in the neighborhood but there are various gyms to choose from.
(+) Tito Biancci – Owner of the Presidio Theatre
- His family has owned the Presidio Theatre for over 40 years.
- Their best tenants have been the Century Theatres yet they were not able to renew their lease.
- There is just nobody out there who could afford a single film theatre.
- He feels that Gorilla Sports lease would give them an opportunity to preserve a building that was built pre-1906.
- He feels this is a win-win situation.

(-) Ted Segal
- He is opposed to this conversion since it will cause an impact on parking in the neighborhood.
- He would like to have the Commission take time to consider this proposal more.
- Allowing the gym would be an easy way out.
ACTION:          Continued to March 14, 2002 because the site was not properly posted. Public Comment is open.
AYES:          Baltimore, Fay, Joe, Lim, Theoharis
ABSENT:          Chinchilla and Salinas

Item 10 was called out of order and followed Items 8a and 8b.

          10.          2001.0898G (LIGHT: 558-6254)
                    333 SACRAMENTO STREET - south side between Front and Battery Streets. Assessor’s Block 237, Lot 18. The subject building is a two-story-over-basement, early 20th Century modern reinforced concrete building with Sullivanesque detailing, is in a C-3-O (Downtown, Office) Zoning District, is in a 75-X Height and Bulk District, and is located in the Front-California Conservation District. Request for a change in designation from a Category V Building to a Category IV Building under Article 11 of the Planning Code.
                    Preliminary Recommendation: Approval

SPEAKER (S):
(+) Theo Brown – Project Sponsor
- If there are any questions he is available to answer them.
ACTION:          Approved
AYES:          Baltimore, Fay, Joe, Lim, Theoharis
ABSENT:          Chinchilla and Salinas
MOTION:          16322

Item 11 was called out of order and followed item 10.

          11.          2000.0790E          (KUGLER: 558-5983)
                    888 HOWARD STREET - Certification of a Final Environmental Impact Report (EIR). The project, which has been revised, is the proposed construction of a 33-story, 340-foot tall hotel building of approximately 487,900 square feet with one level of below-grade parking on the northeast corner of Fifth and Howard Streets (Assessor's Block 3724, Lot 66). The revisions to the original project and associated environmental effects are set out in the Summary of Comments and Responses – Section B. The 37,860 sq.ft. site contains an existing surface parking lot with landscaping which is used by the adjacent Wells Fargo Data Center. The revised project would contain about 600 hotel rooms along with ancillary support uses such as meeting rooms, restaurants, and retail space (the originally proposed 60 to 70 residential condominiums have been eliminated). The hotel entryway would be on Howard St. There are three loading docks planned with entrances from Fifth Street. The site is located in the South of Market area within the C-3-S (Downtown Commercial Support) District and the 160-F Height and Bulk District.
                    Preliminary Recommendation: Certify Environmental Impact Report.
                    NOTE: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR closed on September 18, 2001. The Planning Commission does not conduct public review of Final EIRs, however, public comment on the certification may be presented to the Commission.
                    (Continued from Regular Meeting of December 6, 2001)

SPEAKER (S):
(+) Charles Range – South of Market Health Center
- He would like to have this EIR certified.
(+) Edwin Jocson – Westbay Filipino Resource Center
- He would like to have this EIR certified.
(+) Don Marcos – South of Market Employment Center
- He would like to have the project certified.
(-) Richard Marquez – Sixth Street Agenda
- He is opposed to the certification of this EIR.
(-) David McGuire – Sixth Street Agenda
- He is opposed to the certification of this EIR.
(-) Roger Brandon
- He is opposed to the certification of this EIR.
(-) Judith Baker – SOMA Child Care
- She is opposed to the certification of this EIR.
(-) Quintin Mecke – South of Market Anti-Displacement Coalition
- He is opposed to the certification of this EIR since the comments and responses are insufficient.
(-) Demetrio M. Cariño – Veterans Equity Center
- He is opposed to the certification of this EIR.
(-) Jim Meko – SOMA Leadership Council
- He is opposed to the certification of this EIR since this report is so out of touch with reality.
(-) Jeanne Batalliones – SOMA Community Action Network
- She is opposed to the certification of this EIR.
- This project has not been part of a comprehensive planning process.
(+) Richard Kempes – United Filipino Organizing Network
- He urges the Commission to approve the EIR.
(-) Amee Paton – Sixth Street Agenda
- She is opposed to the certification of this EIR since this building will have a negative impact on pedestrian traffic.
(-) Cristina Logee – Sixth Street Agenda
- She is opposed to the certification of this EIR since it fails to recognize pedestrian safety.
ACTION:          Environmental Impact Report Certified
AYES:          Baltimore, Fay, Joe, Lim, Theoharis
ABSENT:          Chinchilla and Salinas
MOTION:          16323

Item 12 was called out of order and followed item 9.

          12.          2000.005E          (GIBSON: 558-5993)
375 LAGUNA HONDA BOULEVARD - LAGUNA HONDA HOSPITAL REPLACEMENT - Public Hearing on Draft Environmental Impact Report. The proposed project is the demolition and replacement of some of the existing facilities at the Laguna Honda Hospital and Rehabilitation Center, located on the western slopes of Twin Peaks in central San Francisco, and additional site improvements. The project includes: 1) demolition of all existing hospital facilities except the front wings of the Main Hospital Building; 2) construction of four new hospital buildings; 3) construction of an assisted living facility; and 4) expansion of existing outpatient programs and services. The new buildings plus the retained building area would total about 987,000 gross square feet (gsf) (approximately 282,500 gsf more than the existing building area) and would accommodate 1,200 hospital beds (about 135 more beds than are provided at the existing hospital), plus 140 assisted living beds. The new hospital buildings would range from 4 to 7 stories tall, with heights up to about 86.5 feet. A total of 655 off-street parking spaces would be provided, an increase of 52 spaces above existing capacity. Off-street loading facilities would be consolidated into 11 loading spaces, about half the existing supply. The project site, which encompasses most of Assessor’s Block 2842, Lot 7, is zoned P (Public Use) and is within two height and bulk districts: 80-D and OS (Open Space). The project may require a Zoning Map Amendment and a General Plan Amendment, and would require Conditional Use authorization. The 62-acre hospital campus, which is owned by the City and County of San Francisco, has been determined to be eligible for the National Register of Historic Places (NRHP) as an historic district and contains two buildings that appear eligible for NRHP listing as individually significant. Note: Written comments will be received at the Planning Department until 5:00 p.m. on January 16, 2002.
Preliminary Recommendation: Public Hearing Only. No Action Required
SPEAKER(S):
(-) John Balestreri – Director of the Forest Hill Assocation
- He is against this project since the neighbors are concerned that there will be construction traffic that will cause problems.
(-) Katie Balestreri – Member of the Dewey Circle Beautification Project
- They work hard to enhance the beauty and quality of life in this neighborhood.
- She is concerned with the heavy construction trucks that will be coming into the neighborhood.
(-) Roger Ridgeway – Pastor of the St. John's United Church of Christ
- They do not oppose the project. His issues relate to how serious their (the neighborhood's) input has been taken into consideration.
- There have been various communications (from the neighborhood) with planning staff that have not been included in the EIR.
- This EIR should be corrected simply because it should be the norm of responsible planning.
(-) Gene Burbank – St. John's Local Organizing Committee
- His concerns are about omissions in the Draft EIR related to traffic problems and that the project is poorly described.
- These omissions should be corrected.
(-) Corneia Sapiru – St. John's Local Organizing Committee
- She believes that the Draft EIR does not deal with traffic issues.
(-) Steve Suacci – St. John's Local Organizing Committee
- His concerns with this Draft EIR relate to transportation circulation, parking and traffic.
(-) Richard Parrino – St. John's Local Organizing Committee
- He does not agree and is concerned with the major construction impacts on the surrounding neighborhoods stated in the Draft EIR.
(-) Ann Wharton – St. John's Local Organizing Committee
- Her concern is about YGC being built here.
(-) Eileen Fanelli – St. John's Local Organizing Committee
- Several members of her community have spoken and expressed their concerns and issues regarding the EIR.
- They believe that the lack of a public scooping meeting, the failure of the EIR to reference St. John's and St. Brendan's Local Organizing Committee's written and verbal comments, and the failure to provide a detailed description of the project's scope all violate the spirit and legal intent of CEQA. The EIR, therefore, is incomplete.
(-) Deborah Wald
- She is very concerned about the actual construction process and the quality of life that will affect her and her neighbors.
- She lives right next door to the hospital and is concerned about the YGC construction, reservoirs construction, and the noise impact of these.
(-) John Paul
- He owns property next to the hospital.
- He believes that the EIR does not correctly inform the public about this project.
(-) Father Sarkis Petoyan – St. John's Armenian Church
- He is opposed to this project.
(-) Solange Bernard–Berg
- She is opposed to this project.
ACTION:          Public hearing only. No Action Required

Item 13 was taken out of order and followed item 11.

          13.          2001.1069T          (LORD: 558-6311)
ANIMATED VIDEO SIGNS - Consideration of an Ordinance amending the San Francisco Planning Code Sections 607 and 607.1 to prohibit the use of signs that project or emit animated video images or any kind in specified districts; amending Planning Code Section 607 to prohibit use of certain rotating signs in specified districts; making findings of consistency with the San Francisco General Plan and the Priority Policies of Planning Code Section 101.1; and making the prohibition on video signs retroactive to February 20, 2001.
                    Preliminary Recommendation: Approval

SPEAKER (S):
(+) Wayne Crowfoot – Representing Supervisor Peskin
- He thanked the Planning Department for their collaboration on this legislation.
- This was brought to the attention of the Supervisor by the Fisherman's Wharf Merchant's Association.
- They thought that it would be difficult to maintain the character of the neighborhood if these signs are allowed.
- This legislation would also cover Lombard Street.
- He respectfully asks that the Commission approve this legislation.
ACTION:          Approved. Staff will continue to work with Supervisor Peskin and the City Attorney's office to come up with a very precise definition of Article I of the Planning Code for the Video and Video Projection Signs.
AYES:          Baltimore, Fay, Joe, Lim, Theoharis
ABSENT:          Chinchilla and Salinas
RESOLUTION:          16324

14a.          2001.0406CV                                                                        (PURVIS: 558-6354)
1654 KIRKWOOD AVENUE - northeast side between Phelps and Newhall Streets; Lots 17 and 18 in Assessor's Block 5279 - Request for Conditional Use Authorization under Planning Code Section 209.4 to construct a 2-story 7,900 gross-square-foot community facility in a residential district. The site is within the RH-2 (Residential, Two-Family) Zoning District with a 40-X Height and Bulk designation. The project would require variances for rear yard, parking and front setback. The Conditional Use request will be heard by the Planning Commission and the Variances by the Zoning Administrator.
                    Preliminary Recommendation: Approval with Conditions

SPEAKER (S):
(+) Deborah Will
- This project will provide education and recreation to a community that deserves to have these opportunities.
- Just because people are poor does not mean that they cannot have opportunities for education.
- They have letters and petitions and have had community meetings. They have listened to the needs of the community.
- She hopes that this community learning center is approved.
(+) Dr. William P. Marquis, Ph.D. – The San Francisco Senators
- He hopes that the Commission approves this project.
- He is a native-born San Franciscan from the Bayview Hunters Point community.
- This center will provide quality service in the areas of academic tutoring; computer literacy; career enhancement; recreation; sports; pregnancy counseling; and drug and alcohol addiction treatment.
ACTION:          Approved as amended: staff will continue to work with the project sponsor to develop further design refinements such as stucco materials, trellis type material, and bay windows.
AYES:          Baltimore, Chinchilla, Fay, Joe, Lim, Theoharis
ABSENT:          Salinas
MOTION:          16325

          14b.          2001.0406CV                                                                       (PURVIS: 558-6354)
                    1654 KIRKWOOD AVENUE - northeast side between Phelps and Newhall Streets; Lots 17 and 18 in Assessor’s Block 5279 - Request for rear yard, parking and front setback variances. Planning Code Section 134(a)(2) requires a rear yard of 45 percent the depth of a lot subject to reduction to a minimum of 25 percent, based on conditions on adjacent lots or 44 percent (44 feet) for the subject lot. The project would provide no rear yard at the ground story and a 25 percent rear yard (25 feet) at the second story. Section 151 requires off-street parking for a community facility to be provided at rates based on the individual uses comprising that facility, or 9 spaces for the proposed facility. The project would provide 2 spaces. Section 132 requires a front setback to be the average of the buildings on adjacent lots or 2 feet for the subject building. The project would have no front setback.

SPEAKERS:          Same as those listed in item 14a.
ACTION:          Zoning Administrator closed the public hearing and granted the variance

15.          2001.0719C                                                    (FU: 558-6613)
100 HARRISON STREET - west side, between Spear and Main Streets, Lot 009 in Assessor’s Block 3745 - Request for Conditional Use Authorization under Planning Code Section 253 and pursuant to Planning Code Section 303, to allow the construction of four dwelling units exceeding a height of 40 feet, above an existing building used as a telecom switching facility. The proposed new building height would be 97 feet. The project is in an RC-4 (Residential-Commercial, High Density) District in the Rincon Hill Special Use District with a 105-R Height and Bulk designation.
Preliminary Recommendation: Approval with conditions
SPEAKER (S):
(+) Aston Perer
- This project will not affect the surrounding buildings and will not cause shadow or traffic impacts.
- He hopes that the Commission will approve the project.
ACTION:          Approved
AYES:          Baltimore, Chinchilla, Fay, Joe, Lim, Theoharis
ABSENT:          Salinas
MOTION:          16326

16.          2001.0914C           (MASSEHIAN: 558-6363)
663 HAIGHT STREET - south side between Steiner and Pierce Streets, Lot 027 in Assessor’s Block 0861- Request for Conditional Use Authorization under Planning Code Section 710.42 to allow the establishment of a full-service restaurant of approximately 1,375 square feet in an NC-1 (Neighborhood Commercial Cluster) District located within ¼ mile of the Upper Market Neighborhood Commercial District, and a 40-X Height and Bulk District. The proposal is to establish a full-service restaurant (Pick-Me-Up Grill) with seating for approximately 40 persons in a vacant retail space formerly occupied by a hair salon.
Preliminary Recommendation: Approval with Conditions
SPEAKER (S):
(+) Andrew Junius – Project Sponsor
- The project sponsor has spent over $200,000 in renovation expenses. Unfortunately, he did this before knowing that he was required to file a Conditional Use permit.
- The project sponsor has two other restaurants in the City.
- There are a number of letters of support that indicate what a good neighbors the project sponsor is and what a good restaurant operations manager he is.
- The restaurant satisfies the requirements of the code and is compatible with the neighborhood.
(+) Kevin Krop – Manager of Harvey's
- He feels that it is important to allow businesses to come into this neighborhood that are responsible and that are community minded.
(+) Carla Laser
- She feels that the conditions of approval are reasonable.
(+) Bill Barnes
- He supports this proposal since it will provide activity in the neighborhood.
- The more commercial activity there is in the neighborhood the better they (the neighborhood) are.
ACTION:          Approved
AYES:          Baltimore, Chinchilla, Fay, Joe, Lim, Theoharis
ABSENT:          Salinas
MOTION:          16327

17.          2000.1191C                                                                       (TAM: 558-6325)
1828 GENEVA AVENUE - southwest corner of Geneva Avenue and Carter Street; Lots 6 and 7 in Assessor’s Block 6423 - Request for Conditional Use authorization under Planning Code Sections 303 and 304 for a Planned Unit Development to permit construction of 48 dwelling units, requiring modification of Code standards for dwelling-unit density (Section 209), usable open space (Section 135), rear yard (Section 134), and unit exposure (Section 140) in the RH-2 District and 40-X Height and Bulk District.
Preliminary Recommendation: Approval with conditions
NOTE: On December 20, 2001, the Commission continued this matter to January 10, 2002 for the Project Sponsor to discuss the project with the Outer Mission Residents Association.

SPEAKER (S):
(+) Christopher Moscone – Project Sponsor
- He is available for questions.
(+) Dan Sullivan – Jading Consulting
- This project will support the need for expanding the housing supply in San Francisco.
- It will contain 48 units with 6 of the units affordable.
- All units are handicap accessible.
- They have designed the project to preserve all but 4 of the curbside parking spaces.
- There is access to public transportation.
- They met with various neighborhood groups.
(-/+) Steve Currier – Outer Mission Residents Association
- He appreciated the continuance of this project.
- He does not agree with increasing the number of affordable units.
- The neighborhood is taken care of with regards to affordability.
- This is a very good design yet he would like to have a copy of the traffic study.
(-) David Graves – Franciscan Wildlife Corridor Alliance
- He does not oppose housing.
- He has been trying to find a mutually agreeable plan.
- He would like the development to be moved back some to allow space for animals to move through.
(-) Maya Kosla - Geologist
- She is not opposed to the development--but more to the existing design.
- A 5-foot buffer between two patches of wildlife is not sufficient.
- Shifting the development to allow for a 30-foot corridor would be adequate.
- Their concern is for the gray fox, which is in danger of local extirpation.
(+) Steve Granhome – Biologist – LSA Associates
- Studies have been made which show that movement of wildlife in the area between the project site and McLaren Park is possible.
(+) Joe O'Donaghue
- He is in support of preserving wildlife.
(-) Jennifer Alexander – Vice President – Friends of McLaren Park
- She is opposed to the development since it will not allow enough space for wildlife to habituate freely.
- There has been loss of wildlife already because of developments.
ACTION:          Approved
AYES:          Baltimore, Fay, Joe, Lim, Theoharis
ABSENT:          Chinchilla and Salinas
MOTION:          16328

F.          DISCRETIONARY REVIEW HEARING

At Approximately 6:00 PM the Planning Commission convened into a Discretionary Review (DR) Hearing.

          18.          2001.0765D          (TAM: 558-6325)
                    377 & 381 LIBERTY STREET - south side, between Sanchez and Church Streets; Lots 28 and 85 in Assessor’s Block 3605 - Discretionary Review request of Building Permit Application No. 2001/06/21/2122. 2001/06/21/2118, and 2001/06/21/2125s to demolish two single-family dwellings (377 and 381 Liberty Street) and construct one new single-family dwelling on one merged lot. The properties are within an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District. The properties are also within the Dolores Height Special Use District.
Preliminary Recommendation: Do not take Discretionary Review and approve the project as revised.

SPEAKER (S):
(+) Stephanie Comer – Property Owner
- She introduced her architect, Peter Gluck.
(+) Peter Gluck – Architect – Peter Gluck and Partners
- The site is on a steep hill in Dolores Heights.
- He plans to bring the landscape down and have it go out on the roof of the building itself.
- He would like to create as much open feeling in the back of the house as he can.
- He is trying to minimize the impact of the house on the street.
- He has been working with department staff and the neighbors to design the house such that it reads like two separate units. The building is smaller than it might be if there were to be two units on the site.
(+) Steve Vettel – Project Sponsor
- This proposal meets and exceeds the requirements for a merger and loss of units.
- The units that will be demolished have been vacant for many years so there is no displacement and the houses are unsound.
- If this project is not merged, the house(s) will have to be remodeled and sold in excess of a million dollars. These are not affordable housing resources.
- The project is proposed for owner occupancy.
- They are offering a donation to the Mayor's Office of Housing to mitigate the loss of a unit.
(+) Donald Earlendaugh – Dolores Heights Improvement Club – Design Review Committee
- The committee reviewed the plans and recommended that the DHIC support the project.
- They based their support on the final plans.
- They met with neighbors to support their recommendations.
(+) Amy Powell – Dolores Heights Improvement Club
- The club supports this project.
- They were not aware that there was anyone against this project but apparently there is one person.
- This project does satisfy the neighborhood design guidelines.
(+) Rob Cragy
- He read a letter of an adjacent neighbor who is in support of this project.
(+) Peter Culley – Peter A. Culley Structural Engineers
- He is available for questions.
1st ACTION:          Do not take Discretionary Review and approve the project with the request that the Commission accept sponsor's voluntary $110,000 contribution to the Mayor's Office of Housing.
AYES:          Baltmore, Lim, Joe
NAYES:          Chinchilla, Fay, Theoharis
RESULT:          The motion failed to carry.
2nd ACTION:          At the call of the chair, the matter was continued to February 7, 2002 to allow the 7th Commissioner to review the hearing tapes and project material and vote on it.
ABSENT:          Salinas

          19.          2001.1097DD          (JONES: 558-6477)
148 BEACON STREET - north side of Beacon Street, Lot 50 in Assessor’s Block 7542 - Request for Discretionary Review of Building Permit Application No. 2001/03/09/3927 proposing new construction of a three-story, single-family dwelling on a newly subdivided lot in an RH-1 (Residential, Single-Family) District and a 40-X Height and Bulk District. (Proposed new lot number pending at the Assessor’s Office)
Preliminary Recommendation: Do not take DR and approve the building permit as submitted.
(Continued from Regular Meeting of December 20, 2001)

SPEAKER(S):          None
ACTION:          All Discretionary Review Requests Were Withdrawn

20.          2001.1087D                                                             (MASSEHIAN: 558-6363)
66-68 6TH AVENUE - east side between the Presidio and Lake Street, Lot 027 in Assessor’s Block 1353 - Staff-initiated request for Discretionary Review of Building Permit Application No. 2001/09/04/7517, proposing to merge two dwelling units of a two-unit building into one unit. The subject property is located in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the building permit application as submitted.

SPEAKER(S):
(+) Mary Lis
- They purchased the vacant building and prior to purchasing they
- This will be their long-term home. All of her family and long-time friends live in the City.
- They currently occupy both units and hope to have more children. With the merger of the units they will be able to move between the two floors more easily.
(+) Joe Lis
- They made a big effort to investigate the policy of mergers.
- A chief building inspector gave them an informal report on the property.
- What they are proposing will not change the façade of the building noticeably.
- They want to keep the charm of the neighborhood.


(+) Bob McGrath
- When they purchased the building, his daughter was under the understanding that mergers were relatively easy.
- They have made the units more livable.
- He hopes that the Commission will approve this merger.
(+) Joan McGrath
- She is Molly's stepmother.
- The neighborhood is filled with families who have lived there for many, many years.
- The project sponsors would like to live closer to their family.
- They have strong family ties.
- She hopes that the Commission will approve this project.
ACTION:          Did not take Discretionary Review and approved the project as submitted.
AYES:          Baltimore, Chinchilla, Fay, Joe, Theoharis
ABSENT:          Lim and Salinas

          21.          2001.0925D          (FU: 558-6613)
                    45 GLADYS STREET - east side between Appleton Avenue and Santa Marina Street, Lot 019 in Assessor’s Block 5710 - Request for Discretionary Review of Building Permit Application Number 20012001/03/06/3618, proposing to remodel the interior space and extend the two-story rear of the building ten feet to the minimum rear yard setback requirement of 45 percent of lot depth. The project sits within an RH-2 (Residential, House, Two-Family) District, the Bernal Heights Special Use District and a 40-X Height and Bulk District.
                    Preliminary Recommendation: Take Discretionary Review and approve the project as revised by the Project Sponsor.

SPEAKER(S):
(-) Kathleen Ramos – Representing the DR Requestor
- The DR requestor was not able to attend this hearing so she will be presenting the case.
- The proposed addition will block the DR requestor's view and light onto the yard and kitchen.
- The DR requestor is also concerned with the decrease in property value.
(+) Andy Rodgers
- The house is modest in size.
- This project conforms to San Francisco's zoning ordinances and the Bernal Heights Special Use district.
- The addition falls between the setback lines.
- They have made changes to the design after listening to the concerns of the neighbors.
- He hopes that the Commission will approve the project.
ACTION:          Took Discretionary Review and approved as revised by the project sponsor: reduce the deminsions of the building by one foot in both depth and height; add a deck in the rear yard; replace the gable roof of the dormer to a shed roof.
AYES:          Baltimore, Chinchilla, Fay, Joe, Theoharis
ABSENT:          Lim and Salinas

22.          2001.0955D                                                             (MASSEHIAN: 558-6363)
3140 CLAY STREET - north side between Lyon and Baker Streets, Lots 037 and 041 in Assessor’s Block 0999 - Staff-initiated request for Discretionary Review of Building Permit Application No. 2001/08/02/5173, proposing to merge two units of a twelve unit building into one unit. The subject property is located in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Take Discretionary Review and Disapprove Application

SPEAKER(S):
(+) Heather Godfrey
- She would like to merge the units since one of the units is not inhabitable.
- There will not be any displacement.
- She plans to get married and start a family.
(+) Ralph Godfrey
- He is Heather's father.
- The unit above has been vacant for over 5 years.
- He hopes that his daughter will stay in this merged unit and will be able to raise her family.
- His daughter has been very sensitive to the concerns of her neighbors.
ACTION:          Took Discretionary Review and Disapproved this Application
AYES:          Baltimore, Chinchilla, Fay, Theoharis
NAYES:          Joe
ABSENT:          Lim and Salinas

G.          PUBLIC COMMENT

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting with one exception. When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Commission has closed the public hearing, your opportunity to address the Commission must be exercised during the Public Comment portion of the Calendar. Each member of the public may address the Commission for up to three minutes.
The Brown Act forbids a commission from taking action or discussing any item not appearing on the posted agenda, including those items raised at public comment. In response to public comment, the commission is limited to:
(1) responding to statements made or questions posed by members of the public; or
(2) requesting staff to report back on a matter at a subsequent meeting; or
(3) directing staff to place the item on a future agenda. (Government Code Section 54954.2(a))

          SPEAKERS:          None

Adjournment: 7:30 p.m.


THE DRAFT MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, JANUARY 24, 2002

ACTION:          Approved
AYES:                    Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
ABSENT:          Baltimore

Last updated: 11/17/2009 10:00:07 PM