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February 14, 2002

February 14, 2002

 

SAN FRANCISCO PLANNING COMMISSION


Meeting Minutes

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


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

THE MEETING WAS CALLED TO ORDER BY PRESIDENT CHINCHILLA AT 1:40 p.m.

STAFF IN ATTENDANCE: Gerald G. Green - Director of Planning; Larry Badiner -Zoning Administrator; Amit Ghosh; Paul Lord; Sara Vellve; Pedro Arce; Jeffrey Tully; Geoffrey Nelson; Rick Crawford; Craig Nikitas; 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.          2001.1083D                                                    (TAM: 558-6325)
200-202 FAIR OAKS STREET - southwest corner of Fair Oaks and 23rd Street; Lot 1 in Assessor’s Block 3648 - Staff-initiated Discretionary Review request for Building Permit No. 2001/09/05/7610 to reduce the total number of legal dwelling units on the subject property, from 3 to 2 units. The property is a designated City Landmark (The Oakley Residence and Flats, Landmark No. 191) and is located in the RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.
          Preliminary Recommendation: Disapproval
          (Proposed for Continuance to February 21, 2002)

SPEAKER(S):          None
ACTION:          Continued to February 21, 2002
AYES:          Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
ABSENT:          Baltimore



2.          2001.1091C                                                             (SIROIS: 558-6313)
1795 – 38TH AVENUE (AKA 3126 NORIEGA STREET - west side of 38th Avenue between Noriega and Moraga Streets, Lot 016, Assessor's Block 2011 - Request for Conditional Use Authorization by Verizon Wireless to install a telecommunications facility pursuant to Planning Code Section 710.83, which includes the installation of 12 panel antennas, one GPS antenna and associated equipment cabinets in an NC-1 (Neighborhood Commercial Cluster) District and a 40-X Height and Bulk District. The subject site is a preference 6 location (NC-1 District) according to the Wireless Telecommunications Services (WTS) Siting Guidelines, 1996.
          Preliminary Recommendation: Pending
(Proposed for Continuance to March 7, 2002)

SPEAKER(S):          None
ACTION:          Continued to March 7, 2002
AYES:          Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
ABSENT:          Baltimore

3.          2001.1015D                                                   (MASSEHIAN: 558-6363)
1264 FUNSTON AVENUE - east side between Irving Street and Lincoln Way, Lot 030 in Assessor’s Block 1738 - Request for Discretionary Review of Building Permit Application No. 2001/06/28/2582 proposing to add a dwelling unit and construct a single-story vertical addition and a three-story rear addition to the existing two-story, single-family building in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Take Discretionary Review and approve the project with           modifications
                    DISCRETIONARY REVIEW WITHDRAWN

SPEAKER(S):          None
ACTION:          Discretionary Review Withdrawn

B.          COMMISSIONERS' QUESTIONS AND MATTERS

          4.          Commission Matters

Commissioner Theoharis: There was a newspaper article in the San Francisco Independent regarding her intentions to resign. She feels that because of the article she has no choice but to answer Supervisor McGoldrick's concerns. At the time she made the announcement, she was concerned about her health. What has changed? Her health problems have gotten better. Also, she is no longer president so there is much less stress in her life. Another reason she decided to stay at the Commission is because when she made the announcement, there were so many phone calls and letters that were concerned about her leaving the Commission. Articles like this can hurt many people.

Commissioner Chinchilla: He is glad that Commissioner Theoharis has decided to stay on the Commission. He agrees with Commissioner Theoharis that articles like this hurt many people and are quite irresponsible.


C.          DIRECTOR'S REPORT


5.          Director's Announcements


Re: Community Workshops
- On February 12, 2002, the second of a long series of community workshops was held at the ODC Theatre. The Department as well as the community met regarding Mission District Interim Controls and the future zoning of the district.
- On February 13, there was a unique public session on the scoping of the Stonestown EIR. Supervisor Hall assisted in putting together a meeting place and time. The community met to discuss their desires to ensure that certain aspects were included in the environmental review process. This is actually the first of its kind.
- On February 20, 2002, there will be another workshop in the South of Market area. The Arc of Refuge was the location for the meeting but there is some problem with handicap access so the alternate location is the Recreation Center and as soon as information is final, the Department will announce it.

          6.          Review of Past Week's Events at the Board of Supervisors and Board of Appeals
BOS
Re: Transportation and Commerce Committee
This morning, the Planning Director met before the Transportation and Commerce Committee to discuss the progress of the Planning Department. Staff planner, Paul Lord, was also there to represent the Commission regarding actions which were authored by Supervisor's Peskin and Leno and which would result in a prohibition on video sings and rotating signs.

Re: Better Neighborhoods 2002
- March 14, 2002 is the target date for the Better Neighborhoods 2002 – Ocean Avenue/Balboa and Phelan Loop presentation.

BOA - None

D.                     REGULAR CALENDAR

Called out of Order – Followed Item 13

7.          Consideration of adoption amendments to the existing Planning Commission Inclusionary Housing Policies
(Continued from Regular Meeting of February 7, 2002)
NOTE: On February 7, 2002, following public testimony, the Commission closed public hearing and continued the matter to February 14, 2002 for final action. Public hearing will remain open on any new recommendations for approval.

SPEAKER(S):
(-) Bill Poland
- He will not be in town next week.
- The Leno Legislation does not work for the rental projects his company intends to build.
- He hopes that the Commission will reduce to 12%. The 14% does not work, in his opinion.
ACTION:          Continued to February 21, 2002
AYES:          Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
ABSENT:          Baltimore

8.          2000.749T                                                    (LORD: 558-6311)
Consideration of adoption recommendations for an Ordinance amending the San Francisco Planning Code to add Section 315 to 315.9 to establish requirements for all residential developments of 10 units or more to provide inclusionary affordable housing units.
                    Preliminary Recommendation: Pending
                    (Continued from Regular Meeting of February 7, 2002)

SPEAKER(S):
(-) Joe O'Donaghue – Residential Builders
- He considers this legislation to hide the wrinkles
- This proposal is flawed.
- With all due respect to the Department, this analysis needs to be done on a dollar per dollar, cost for cost proforma because banks are not going to take the risk.
(-) Sean Keighran– Residential Builders
- He is a small developer.
- Small developers are not allowed the luxury of hiring contractors to build their projects for them. They are forced to build their projects with their own hands.
- The lenders will not allow them to draw wages for their efforts. Small builders end up paying the highest price per unit for the land.
(-) Denis Carlin – Residential Builders
- He is a small contractor.
- He urges the Commission not to approve this legislation since it is not beneficial for him and small builders.
(-) Richie Hart – Residential Builders
- He is a small builder.
- This legislation will stop their project since they will not be able to afford to build.
- This legislation is flawed.
(-) Charles Richards
- He is a resident, a title insurer and an underwriter.
- There is risk if this legislation passes since loan agents really look at the applications of requestors.
(-) Kieran Buckley – Residential Builders
- He is a small business builder.
- This legislation will put him out of business as a small contractor.
(-) Robert Mellett – Residential Builders
- He read a letter from a person who could not attend the Commission who is against this legislation.
(-) Angus McCarthy – Residential Builders
- He is also a small builder.
- Most of the builders have lived in the City for many years and know it quite well.
- He will have to leave this City if this legislation passes.
(-) Joe Cassidy – Residential Builders
- He is a small builder.
- He has been building for about 25 years.
- He is against this legislation.
(-) Donna Crowder
- She is a realtor for Pacific Union Real Estate, and Director of the San Francisco and California Association of Realtors.
- She urges the Commission to encourage and not discourage more home building and rental housing.
(-) John Bardis
- This legislation will discourage the construction of housing and market rate housing in the City.
- It will drive out people who can build housing.
- The downtown developers shouldn't even have these requirements.
- We should not burden the market concept with this legislation.
- He hopes that the Commission will recommend to the Board of Supervisors not to pass this legislation.
ACTION:          Motion to Approve
AYES:          Joe, Lim, Salinas
NAYES:          Fay, Theoharis, Chinchilla
ABSENT:          Baltimore
RESULT:          The motion failed to carry on a tie vote. A substitute motion was not made. The legislation will be forwarded back to the Board of Supervisors without a Commission recommendation


Called out of Order – followed item 6

9.          2001.1129T            (LORD: 558-6311)
SCHOOL SHADOWS - Consideration of adoption recommendations for an ordinance adding Section 296 to the Planning Code to review all building permit applications for new structures which will cast shade or shadow upon the site of a pubic or private elementary or secondary school.
Preliminary Recommendation: Approval with modifications.

SPEAKER(S):
(-)Jim Chappell – President of SPUR
- This seems to be a down zoning measure masquerading as an environmental measure.
- This is not a small thing. This is a massive change to the Planning code. He finds it anti-housing and anti-schools.
- If this proceeds, it should have an EIR.
- This will also have an impact on housing production.
- This will affect where schools will be needed.
(-) Joe O'Donaghue – Residential Builders
- He has never seen a problem with shadows on schools in the City.
- This will impact housing projects and density problems.
- He believes that this needs to have further examination.
(-) Steve Vettel – Morrison and Forrester
- He believes that this legislation does not do the public good.
- If this legislation does go through, it needs amendments.
(-) Bob Passmore
- He is in agreement with everything that everyone has said.
- This legislation will cause problems with housing in the City.
ACTION:          Public Hearing Closed. Continued to February 21, 2002
AYES:          Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
ABSENT:          Baltimore

Called out of Order – Followed item 9.

10.          2001.0927C                                                             (VELLVE: 558-6263)
1515-1541 - 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
                    (Continued from Regular Meeting of January 24, 2002)

SPEAKER(S):
(+) Jenny Estes – Representing Sprint PCS
- This is a preference 1 site.
- There were community meetings held and only a total of three people attended. They are currently trying to deal with the issues these people have.
ACTION:          Approved
AYES:          Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
ABSENT:          Baltimore
MOTION No:          16344

Called out of Order – Followed item 10.

11.          2001.1151TT                                                              (ARCE: 558-5986)
YERBA BUENA CENTER REDEVELOPMENT PROJECT AREA, 220 JESSIE STREET AND 606 FOLSOM STREET - Request under Planning Code Sections 302 and 340 for determination of consistency with the General Plan and with Section 101.1 of the Planning Code of a proposal to amend the General Plan Text and related Planning Code Text that will allow the transfer of development rights from properties of historical and/or architectural significance located within the Yerba Buena Center Redevelopment Project Area within underlying C-3-R (Downtown Retail) District or Districts designated by the Redevelopment Plan as C-3-O (SD) (Downtown Office Special Development) Districts, the "Transfer Lots") to "Development Lots" located in C-3-O (Downtown Office) District. The proposed General Plan Text Amendment would modify the language in Key Implementing Action II of Objective 12 of the Downtown Element of the General Plan. The Text Amendment to the General Plan would amend Section 128 (c)(1) of the Planning Code, which regulates the Transfer of Development Rights in C-3 (Downtown Commercial) Districts, to allow the transfer of TDR’s described above. The Office of Environmental Review has issued a General Rule of Exclusion, Case 01.1151E, in which the adoption of findings of consistency for the proposed General Plan Text Amendment and related Planning Code Text Amendments have been determined not to result in any significant environmental impacts since the limited nature of (1) the Text Amendment itself will have no environmental effect and (2) any project proposing to use TDR’s on a Development Lot will be subject to separate CEQA review.
Preliminary Recommendation: Adoption

SPEAKER(S):
(+) Bob Meyers – City Planning Consultant
- This is an excellent proposal and he supports it.
ACTION:          Approved
AYES:          Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
ABSENT:          Baltimore
MOTION No:          16345

12.                                                                                           (TULLY: 558-6372)
NORTH MISSION AREA CULTURAL RESOURCE SURVEY - Informational presentation by Planning Department staff. The North Mission Survey Area is bounded by Dolores to the west, Mission, Natoma and Capp Streets to the east, Duboce Avenue to the north and 16th Street to the south and includes portions of the following Blocks: 3532, 3533, 3534, 3535, 3544, 3545, 3546, 3547, 3548, 3553, 3554, 3555, 3556, 3557, 3567, 3568, 3569 and 3570. The North Mission Area Cultural Resource Survey, which is currently underway, is the second phase of a multi-year effort to document resources found in neighborhoods throughout San Francisco through the Planning Department’s Citywide Cultural Resource Survey Program.
Preliminary Recommendation: No Action Required, informational presentation only.

SPEAKER(S):          None
ACTION:          Public Hearing held. No Action Required

          13          2001.0926C                                                                       (NELSON: 558-6257)
417-31ST. AVENUE (LINCOLN PARK PRESBYTERIAN CHURCH) - southwest corner of 31st Avenue and Clement Street, Lot 001, Assessor’s Block 1463 - Request for Conditional Use Authorization by Sprint PCS to install a telecommunications facility pursuant to Planning Code Section 710.83, which includes the installation of 3 panel antennas on the belfry, and associated equipment cabinets in the belfry and at the street level of an existing church in an NC-1 (Neighborhood Commercial Cluster) District and a 40-X Height and Bulk District. The subject site is a preference 1 location (publicly-used structure) according to the Wireless Telecommunications Services (WTS) Siting Guidelines, 1996.
Preliminary Recommendation: Approval with conditions.

SPEAKER(S):
(+) Jenny Estes – Representing Sprint PCS
- This site is a preference 1 location since it meets all the requirements.
- The design is quite compatible and visually non-intrusive.
- This site will serve an area that has no service.
- Lincoln Presbyterian Church sent out questionnaire cards to their neighbors regarding the intent to install the antennas and there were no comments back.
- Sprint also held community meetings and 8 people attended. The majority of the attendees were members of the church who support the installation.
(-) Minako Sakurai
- She has lived across from this church for many years.
- Her concerns are related to the health affects these antennas will cause to the elderly and children living near the site.
- The antennas are not in an adequate place in the neighborhood.
- She has collected signatures of people who oppose the antenna installation.

ACTION:          Approved
AYES:          Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
ABSENT:          Baltimore
MOTION:          16346

E.          DISCRETIONARY REVIEW HEARING

At Approximately 5:00 PM the Planning Commission convened into a Discretionary Review (DR) Hearing to hear and act on Discretionary Review matters.

          14          2001.1071D                                                   (CRAWFORD: 558-6358)
51-55 VICKSBURG STREET - east side between 22nd and 23rd Streets, Assessor’s Block 3628 Lot 023A - Staff initiated request for Discretionary Review of Building Permit Application 2001/1102/2416, to convert a 3 unit building to a 1 unit building (merge three dwelling units into one) in an RH-2 (Residential House, Two Family) District, and a 40-X Height and Bulk district.
Preliminary Recommendation: Take Discretionary Review; approve the merger of two units and require the maintenance of the remaining unit.

SPEAKER(S):
(+) Ken Martin – Architect and Applicant
- San Francisco is known for single-family houses, specifically for it's Victorian houses. The house was originally a one unit building and in the 40's it was divided into three legal units.
- The house doesn't meet current fire code.
- He will rejoin the units legally and make renovations.
(+) Bob Lescomb – Property Owner
- The house was built as a single-family home and he intends to use it as a single-family home. If they were to sell the house in the future, he would sell it to someone who would use it as a single-family home.
- The upper units do not have heat.
- He and his wife live and work in the City.
(+) Zora Biadini
- She is a neighbor and knew the prior owners who lived there 18 years.
- She knows that the family used two of the units and the third unit was rented.
- The house was built as a single-family home.
- She has a rental unit she has been trying to rent for a long time. It has been difficult to find people to rent units.

ACTION:          Took Discretionary Review and Approved the merger of two units.
AYES:          Chinchilla, Joe, Lim
NAYES:          Fay, Salinas, Theoharis
ABSENT:          Baltimore
RESULT:          The motion failed to carry on a tie vote.
ACTION:          Continued to February 28, 2002 to allow the absent commissioner to participate in the final action.
AYES:          Chinchilla, Fay, Joe, Lim, Salinas, Theoharis

          15.          2001.1093D                                                   (CRAWFORD: 558-6358)
881 CORBETT AVENUE - east side at Hopkins Street. Assessor’s Block 2800 Lot 010. Request for Discretionary Review of Building Permit Application 2001/0820/6472, to construct a two story vertical addition, a 14.5 foot rear addition and add a third unit to the existing 2 story 2 unit building in an RM-1 (Residential Mixed, Low Density) District, and a 40-X Height and Bulk district.
Preliminary Recommendation: Do not take Discretionary Review and approve the Building Permit.

SPEAKER(S):
(-) Clover Earl – Discretionary Review Requestor
- There are various people here who are against this project.
- She read a letter from an adjacent neighbor who is a professor in architecture at UC Berkeley. The neighbor was not able to attend because he is teaching a class but he is against this project.
- The project will be too massive and will cause impacts on various neighbors.
- She has tried at various meetings, yet the project sponsor did not seem to have any intention of solving the various issues of this project.
(-) Steven Englander
- He purchased his residence in 1976.
- He would like to urge the Commission to exercise its discretion and not approve the proposed project.
(-) Michael Lan
- He has lived on Hopkins Street for 17 years.
- There have been various  run away' cars down the hill and gone into the proposed house.
- He is against the size and mass of this house.
- There are a lot of parking problems on the street.
(+) Alfred Sanchez - Project Manager
- The DR requestor requested that the project sponsor remove a floor since it would block her view. This would not be feasible for the project sponsor.
- The real estate company informed the DR requestor that the house in front of her would, at some point, build up and might block her view.
- Regarding the issue of cars running down into the garage, he designs buildings for cars to go into the garage and not through it.
(+) Martha Miranda – Project Sponsor
- She purchased this house to make it a home for her and her family.
- She has applied for all the permits required and followed all the rules.
- She has collected signatures of people who support her project.
(+) Leo Calsadilla – Building Designer
- All the homes in the neighborhood vary in height.
- The DR requestor's view will only be blocked about 12 percent.
- There are a lot of architectural features on the proposed home and the design follows the guidelines of the neighborhood.

ACTION:          Did not take Discretionary Review and Approved the building permit.
AYES:          Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
ABSENT:          Baltimore

F.          PUBLIC COMMENT

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the 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))

Sue Hestor
Re: 166 and 168 Yerba Buena Street
- Staff scheduled a hearing date before a 311 notice went out so she is asking for a two-week continuance.
- The project has changed so massively that there will not be much time to work back and forth with the architects.

Andrew Junius
Re: 166 and 168 Yerba Buena Street
- He has not been able to reach the project sponsor regarding the request for continuance from Ms. Hestor.

Joe O'Donaghue
Re: Continuances
- He agrees that if there are changes being made to a project, more time is required in order for both parties to come to a resolution.

Adjournment: 6:08 p.m.

THE DRAFT MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, FEBRUARY 28, 2002

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

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