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Seal of the City and County of San Francisco
City and County of San Francisco
May 09, 2002

 

SAN FRANCISCO PLANNING COMMISSION


Meeting Minutes

Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, May 9, 2002
1:30 PM
Regular Meeting


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

THE MEETING WAS CALLED TO ORDER BY VICE PRESIDENT FAY AT 1:45 p.m.

STAFF IN ATTENDANCE: Gerald Green – Director; Larry Badiner -Zoning Administrator; Jean Paul Samaha; Paul Maltzer; Jonathan Purvis; Rick Cooper; Michael Lee; Thomas Wang; Dan Sider; Kate McGee; Sara Vellve; Glenn Cabreros; Geoffrey Nelson; 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.          2001.1099E          (A. AGUILAR: 415-558-5973)
533 SUTTER STREET - Assessor's Block 296, Lot 13D - Appeal of a Preliminary Mitigated Negative Declaration. The project site is currently developed with a two-story-plus-basement building containing a mix of retail, office, and theater uses. The proposed project would involve the conversion of 4,200 gross square feet (gsf) of existing second-floor offices and theater use to four dwelling units and construction of three additional floors of residential use with four dwelling units on each new floor, for a total of 16 dwelling units. The existing ground-floor retail would remain as is. The proposed project would add three stories, approximately 36 feet in height, for a total building height of approximately 65 feet. The proposed project would add 15,000 gsf of new construction, for a total building floor area of 23,200 gsf. The project site at 533 Sutter Street (Assessor's Block 0296, Lot 13D) is about 6,050 square feet in size and is located mid-block on the southern side of Sutter Street in the Downtown/Civic Center neighborhood on the block bounded by Mason, Sutter, Powell, and Post Streets. The entrance and access to the project site would be from Sutter Street. The existing building has no parking or loading spaces and none are proposed. The project site is zoned C-3-R (Downtown Retail) District and is within an 80-130-F Height/Bulk District. The existing building, constructed in 1921, is a Category V (unrated) building within the Kearny-Market-Mason-Sutter Conservation District.
Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration.
                    (Proposed for Continuance for May 23, 2002)

SPEAKER(S):          None
ACTION:          Continued as Proposed
AYES:          Baltimore, Fay, Lim, Salinas, Theoharis
ABSENT:          Chinchilla, Joe

2.          2002.0209D (M.SMITH: (415) 558-6322)
138 28th STREET - north side of the street between Dolores and Church Streets, Lot 012A in Assessor's Block 6600, Pursuant to Resolution 16078, a staff initiated request for Discretionary Review of Building Permit Application No. 2001/09/26/9303, proposing to construct a one-story vertical addition and merge four dwelling units into two dwelling units in a two-story over garage, four-unit building located in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Take Discretionary Review and Disapprove the merger but allow the vertical addition
                    (Proposed for Continuance for May 30, 2002)
          
SPEAKER(S):          None
ACTION:          Continued as Proposed
AYES:          Baltimore, Fay, Lim, Salinas, Theoharis
ABSENT:          Chinchilla, Joe

3.                    2002.0179C                                                             (G. NELSON: (415) 558-6257)
5200 GEARY BOULEVARD - (Geary Mall Parking Garage) – north side between 16th and 17th Avenues; Lot 045 in Assessor's Block 1448 - Request for Conditional Use authorization under Section 712.83 of the Planning Code to mount a total of three (3) panel antennas to existing penthouse structures on the upper deck of an approximately forty-foot tall, three level parking garage with ground floor commercial spaces. The project site is within a Moderate Scale Neighborhood Commercial (NC-3) Zoning District and a 40-X Height and Bulk District. Per the City & County of San Francisco's Wireless Telecommunications Services (WTS) Facilities Siting Guidelines the proposal is a Preferred Location Preference 4 as it is a wholly commercial structure within an NC-3 Zoning District. The proposed site would be operated as part of Cingular's wireless telecommunications network.
                    Preliminary Recommendation: Approval with conditions
                    (Proposed for Continuance for June 13, 2002) June 20, 2002

SPEAKER(S):
Re: Continuance
Megan Sullivan
- She would like to have this case continued to June 20, 2002. She is appealing this case to the Board of Supervisors which will be heard on June 17, 2002.
ACTION:          Continued as Amended
AYES:          Baltimore, Fay, Lim, Salinas, Theoharis
ABSENT:          Chinchilla, Joe

4a.          2000.718CEKV                                                             (J. MILLER: (415) 558-6344)
1630 CALIFORNIA STREET AND 1529 POLK STREET (THE "ROYAL THEATRE"), north side of California Street between Polk Street and Van Ness Avenue, with additional frontage on Polk Street, west side between California and Sacramento Streets, Lot 3 in Assessor’s Block 643 -- Request for authorization of Conditional Use for lot size, use size, and bulk exceptions to permit construction of a new, six-story, mixed-use building containing up to 42 dwelling units, up to 9,950 square feet of ground-floor commercial space, and a two-level underground garage containing up to 60 parking spaces, after demolition of the existing "Royal Theatre" building (with the exception of its Polk-Street facade which would be retained and incorporated into the new building), also the subject of a requested Variance of City Planning Code requirements for rear-yard area and dwelling-unit exposure -- in the Polk Street Neighborhood Commercial District and in a 65-A Height and Bulk District.
                    Preliminary Recommendation: Approval with conditions
                    (Proposed for Continuance for May 16, 2002)

SPEAKER(S):          None
ACTION:          Continued as Proposed
AYES:          Baltimore, Fay, Lim, Salinas, Theoharis
ABSENT:          Chinchilla, Joe

4b.          2000.718CEKV                                         (J. MILLER: (415) 558-6344)
1630 CALIFORNIA STREET AND 1529 POLK STREET (THE "ROYAL THEATRE"), north side of California Street between Polk Street and Van Ness Avenue, with additional frontage on Polk Street, west side between California and Sacramento Streets, Lot 3 in Assessor’s Block 643 -- Request for a Variance of City Planning Code requirements for rear-yard area and dwelling-unit exposure, in conjunction with a proposal to build a new, six-story, mixed-use building containing up to 42 dwelling units, up to 9,950 square feet of ground-floor commercial space, and a two-level underground garage containing up to 60 parking spaces, after demolition of the existing "Royal Theatre" building (with the exception of its Polk-Street facade which would be retained and incorporated into the new building), also the subject of a request for Conditional Use authorization for lot size, use size, and bulk exceptions -- in the Polk Street Neighborhood Commercial District and in a 65-A Height and Bulk District.
                    (Proposed for Continuance for May 16, 2002)

SPEAKER(S):          None
ACTION:          Continued as Proposed
AYES:          Baltimore, Fay, Lim, Salinas, Theoharis
ABSENT:          Chinchilla, Joe

B.          COMMISSIONERS' QUESTIONS AND MATTERS

          5.          Commission Matters
Commissioner Theoharis: She would like staff to get information on reports stated in an article in the New York Times, March 26, 2002, called  Gentrification Bad Name Good Trend.

Commissioner Baltimore: She would like a copy of the article that Commissioner Theoharis mentioned.

C.          DIRECTOR'S REPORT

6.          Director's Announcements
Re: Planning Department Computer System
- The computer system has been working on a very limited basis this week.
- He hopes that everything goes well on May 15 when he goes before the Finance Committee to request the release of $263,000 that was approved in our budget for this fiscal year for our computer system but held in reserve.

RE: Community Planning Workshops – Showplace Square Area
- This past Saturday was the third of a series of presentations for the community planning process.

          7.          Review of Past Week's Events at the Board of Supervisors and Board of Appeals
BOS – None

BOS – None

D.          PUBLIC COMMENT ON MATTERS 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 Commission has closed the public hearing must do so at this time. Each member of the public may address the Commission for up to three minutes.

RE: 1880 Mission Street
Agustin Maxemin – ARMAX International, Inc.
- He respectfully asks the Commission to reconsider their decision to disapprove this project.
- They are willing to make the revisions that the Commission requests.
- He believes that they have made substantial progress in understanding the community's needs.
- He submitted a letter from Arriba Juntos who is willing to work with the project sponsor regarding jobs.
- They have been working with MEDA to truly understand their needs.

Re: 1880 Mission Street
Donald Lee – Diamond Bridge Partners
- He would like to ask the Commission to allow a three-week continuance of this project.
- This project will greatly enhance the area.

Re: 1880 Mission Street
Doug MacNeal – North East Mission Business Associates
Northeast Mission Business Association
- He would like to ask the Commission to request an extension of this project.

Re: 1880 Mission Street
Ira Victor – Co-Chair/Concerned Residents of the Mission District
- He is a resident of the Mission District.
- His organization is in support of this project.
- More housing and more development are needed.
-
Re: 1880 Mission Street
Chuck Ayala – President, Centro Latino
He supports the project and supports a request for continuance

Re: 1880 Mission Street
Gloria Bonilla – Centro Latino de San Francisco
- She is also requesting that the Commission grant a continuance of this project.
- She has seen that RMAX has been working with the community to deal with their issues.

Re: 1880 Mission Street
Toby Levine
- She is a 35 year resident of the Mission District.
- She would like the Commission to continue this project so that all organizations involved can deal with issues and problems.

Re: 1880 Mission Street
Gloria Diana Ramos – Architect – Habitat for Humanity, San Francisco
- She would like to have the Commission give this project an opportunity.
- She volunteers for Habitat for Humanity and they are in total support of this project.

Re: 1880 Mission Street
Ken Brogno
- He is a Mission District resident.
- He does not see why this is displacing anybody.
- This project will make the area much better and hopes that the Commission will grant a continuance so that the developer will be able to speak to the various community groups.

Re: 1880 Mission Street
Gregory Richardson
- He is also in agreement for a continuance of this project
Re: 1880 Mission Street

Re: 1880 Mission Street
Paula Fiscal – Coalition for Responsible Health
- She would like to have this project approved.
- She submitted a later from former Supervisor Carol Roos Silver in favor of a continuance.

Re: 1880 Mission Street
Eric Quesada – Mission Anti-Displacement Coalition
- The Mission is going through a rezoning process.
- He hopes that the Commission holds to the decision they made last week regarding not approving this project.

Re: 1880 Mission Street
Ada Chan
- This is an important project and it should be held with the same scrutiny as non-profit developers go through.
- This project can be a contribution but there are major design changes that need to be made.

Re: 1880 Mission Street
Chris Selig – Mission Anti-Displacement Coalition
- She would like the Commission to go along with their original findings.

Re: 1880 Mission Street
Aimee Patton – Mission Agenda
- People in the Mission need more houseing instead of this project.
- ARMAX has not demonstrated in good faith with trying to work with the community.

Re: 1880 Mission Street
Christina Logie – Mission Agenda
- She feels that this development contains numerous units that people in the Mission do not have access to economically.
- She would like to have the Commission adopt the findings of two weeks ago.
- If the Commission decides on a continuance they are willing to work with the developer to try to remedy some of their concerns and work towards more affordable units, less parking and increased density.

Re: 1880 Mission Street
Sue Hestor – Mission Anti-Displacement Coalition
- There is nothing of substance that requires this project to be continued for two weeks.
- if ARMAX is really serious about working with the community, it should be continued at least for six weeks.
- It is insulting for the developer to go away from the people who are struggling with the planning process.

Re: 1880 Mission Street
Fred Nuronhow
- He lives on Colridge Street.
- He believes that the developer does want to work with the community.

Re: San Francisco Cruise Terminal Mixed-use Project
Ernesteine Weiss
- She would like to know whether the Balast Water dumped in the Bay and diesel emissions coming from two huge cruise ship terminals will be addressed and who will be the watchdogs.
- There hasn't been a design chosen for the Brannan Street wharf.

Re: San Francisco Cruise Terminal Mixed-Use Project
Terry Shore – Campaign Director for Blue Water Network
- If this proposed cruise terminal EIR is certified, residents of the Bay will breath more polluted air.
- There are a lot of inaccurate assumptions in this report.
- Perhaps the consultants who produced this report are not well versed in shipping industry laws, technologies and issues.

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

          8a.          2000.1164ECD          (J. PURVIS: 415-558-6354)
                    1880 MISSION STREET - west side between 14th and 15th Streets; Lots 2A, 3, 4, and 29 in Assessor’s Block 3547 - Request for Conditional Use authorization under Planning Code Sections 215, 271 and 304, and Board of Supervisors Resolution No. 518-01 (Mission District Interim Controls) for a Planned Unit Development (PUD) exceeding bulk limits, and to allow construction of up to 183 dwelling units, 26,000 square feet of commercial space and up to 176 independently accessible off-street parking spaces. Exceptions are requested from rear yard, dwelling unit exposure and parking requirements of the Planning Code and to provide less than 25% of the dwelling units as affordable. The site is within a C-M (Heavy Commercial) Zoning District, a 50-X and 65-B Height and Bulk District and is subject to the Mission District Interim Controls.
                    Preliminary Recommendation: Approval with Conditions
                    (Continued from Regular Hearing of April 25, 2002)
                    Note: On April 25, 2002, following testimony, the Commission closed public hearing and entertained a motion of intent to disapprove by a vote of +4 -2. Commissioners Fay and Chinchilla voted No. Commissioner Joe was absent. The matter was continued to 5/9/02 to allow the absent Commissioners to participate in the final action.

SPEAKER(S):          None
ACTION:          Project disapproved
AYES:          Baltimore, Fay, Lim, Salinas, Theoharis
ABSENT:          Chinchilla, Joe
MOTION:          16403

          8b.          2000.1164ECD          (J. PURVIS: 415-558-6354)
                    1880 MISSION STREET - west side between 14th and 15th Streets; Lots 2A, 3, 4, and 29 in Assessor’s Block 3547 - Mandatory Discretionary Review of a proposal to demolish two light industrial buildings and construct a mixed-use Planned Unit Development. Mission District Interim Controls (Board of Supervisor’s Resolution No. 518-01) require Discretionary Review for all land use changes in the subject area. The property is within a C-M (Heavy Commercial) Zoning District, and a 50-X and a 65-B Height and Bulk District.
                    Preliminary Recommendation: Do not take D.R. and approve the project as proposed.
(Continued from Regular Meeting of April 25, 2002)
Note: On April 25, 2002, following testimony, the Commission closed public hearing and entertained a motion of intent to take Discretionary Review and disapprove by a vote of +4 -2. Commissioners Fay and Chinchilla voted No. Commissioner Joe was absent. The matter was continued to 5/9/02 to allow the absent Commissioners to participate in the final action.

SPEAKER(S):          None
ACTION:          Took Discretionary Review and Disapproved the Project
AYES:          Baltimore, Fay, Lim, Salinas, Theoharis
ABSENT:          Chinchilla, Joe

F.          REGULAR CALENDAR

          9.          2000.1293E          (R. COOPER: (415) 558-5974)
SAN FRANCISCO CRUISE TERMINAL MIXED-USE PROJECT AND BRANNAN STREET WHARF PROJECT - CERTIFICATION OF THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SEIR). The proposed project would involve two components: 1) the construction of two berths (including necessary dredging) and a new terminal for cruise ships that call at the Port of San Francisco, as well as ancillary commercial development, all on Pier 30-32 (Block 9900, Lots 30 and 32); and 2) the construction of a residential project on Seawall Lot 330 (Block 3770, Lots 1 and 2, Block 3771, Lot 1), across the Embarcadero from Pier 30-32. The cruise terminal would contain about 100,000 gross square feet (gsf) of floor area, while the commercial element would include about 370,000 gsf of office space and about 220,000 gsf of retail/entertainment space. About 450 parking spaces would be provided on the pier. The residential component, on the block bounded by the Embarcadero and Beale and Bryant Streets, would include about 350 dwelling units and 350 parking spaces. The SEIR also analyzes a separate but related project involving the design and construction of the Brannan Street Wharf (Block 9900), Lots 34 and 36), a new, approximately 57,000-square-foot waterfront park along the Embarcadero just south of Pier 30-32.. Please Note: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on January 16, 2002. The Planning Commission does not conduct public review of Final EIRs. However, public comments on the certification may be presented to the Planning Commission.
Preliminary Recommendation: Certify SEIR

SPEAKER(S):
(-) Teri Shore – Blue Water Network
- Matters have not been completely addressed.
- Her organization does not support certification of this project (EIR).
(-) Ernestine Weiss
- She also believes that matters have not been properly addressed.
- She does not support certification of this EIR.
(+) Jeffrey Leibovitz – RP-SB CAC
- The Draft EIR is well done and a lot of the points were well thought out.

ACTION:          EIR Certified
AYES:          Baltimore, Chinchilla, Fay, Salinas, Theoharis
NAYES:          Lim
ABSENT:          Joe
MOTION:          16404



10.          2001.0197C (M. LI: (415) 558-6396)
951-957 MISSION STREET - south side between 6th and Mary Streets; Lot 088 in Assessor’s Block 3725 - Request for Conditional Use Authorization to establish office uses which will not provide on-site services to the general public, at the ground floor level and below, within a C-3-S (Downtown Support) District and a 160-F Height and Bulk District. The proposal is to allow office uses in all 13 suites in the basement and in four suites on the ground floor of the Mint Mall. The project sponsor is also requesting the legalization of one office use in the basement and two office uses on the ground floor that did not receive the required change of use permits. There will be no physical expansion of the existing building.
Preliminary Recommendation: Approval with conditions

SPEAKER(S):          
(+) David Silverman – Reuben and Alter – Representing Project Sponsor
- The zoning of this area supports office use.
- This neighborhood has been in decline for a number of years and this project will be something positive to the area.
- The project sponsor has reached an agreement with various community organizations.
(+) Dan Fujioka – Asian Law Causus
- They were able to work with the owners of this project to reach agreement on a share-living arrangement with living and business spaces.
(+) Jenny Batallones – South of Market
- She is here to encourage the approval of this conditional use.
- She had letters from her organization and other organizations that support this project.
(+) Maria Romero
- She owns a bookstore in the area and is in agreement that this project be approved.
(+) Bill Zorro – Manila Town Heritage Association
- They are supporting the conditional use.
(+) Luz de Leon – Presenters of the Annual Filipino Festival
- She supports the approval of this project since it will enhance the presence of the Philippine Community.
-
ACTION:          Approved
AYES:          Baltimore, Chinchilla, Fay, Lim, Salinas, Theoharis
ABSENT:          Joe
MOTION:          16405

11a.          2002.0013ECV           (T. WANG: (415) 558-6335)
5199 MISSION STREET - southeast side between Pope and Rolph Streets; Lot 057 and 058 in Assessor’s Block 6463 - Request for Conditional Use authorization under Planning Code Sections 121.1 and 712.11 for the development of thirty six affordable senior units and one resident manager's unit on two lots exceeding 10,000 square feet in area in an NC-3 (Moderate-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District. The project would also require a rear yard modification to be reviewed by the Zoning Administrator.
                    Preliminary Recommendation: Approval with conditions

SPEAKER(S):
(+) Gonzalo Castro – Project Architect
- Described the project and its architectural aspects.
(+) Joseph Smooke – Bernal Heights Neighborhood Center
- There are various community organizations and City funded organizations that are in support of this project.
- There will be an on-site community liason at the development.
- The location of this project is the perfect location for senior housing since there are a lot of amenities located within walking distance.
(+) Phillip Dochow – Mission Housing Development Corporation
- There has been a lot of community outreach for this project.
- They got input from these meetings and decided on this site plan.
- They felt that it was in the best interest of the seniors who would be living in this development to be well received into the community.
(+) Mel Beetle – Canon Kip Support Group and SAN
- There are more homeless seniors than anyone can imagine.
- This project should be approved.
(+) David Hooper - New Mission Terrace Improvement Association
- The association supports this project.
- This is a superior project for affordable housing specifically for seniors.
(+) Sharon Sharon M. Eberhardt – Cayuga Improvement Association
- The association is in full support of this project.
- This project is the result of many hours of community input.
- San Francisco Senior Citizens are in great need of affordable housing.
- This project meets all of the needs and more.
(+) Rebecca Silverberg – Excelsior Improvement Association
- There is much need for housing for seniors.
- This project is greatly needed.
(+) Alicia Esquivias – Corpus Christie
- Many seniors are living in unlivable conditions.
- This project will support seniors
(+) Igmedio R. Casuga
- He supports this project.
(+) Anacleta B. Doroliat – Corpus Christie
- She supports this project.
(+) Karen Rosen – San Francisco Office on Aging
- The number one need for seniors is affordable housing.
- She hopes that this project will be approved.
- The project will be an improvement to the neighborhood.
- The San Francisco Office on Aging will be occupying office space in this project.
(+/-) Dorothy Ann Jones
- She lives on Rolf Street.
- She is not against the project.
- She is concerned about parking.
- She has requested that the Police Department limit the amount of traffic going through Rolf Street.
(+) Daryl Higashi – Director of the Mayor's Office of Housing (MOH)
- MOH is endorsing this project as well as HUD.
- This is a very well thought through project.
(+) Anthony Sacco – Past President of the New Mission Terrace Improvement Association
- He is in support of this project.
- The site has been empty for many years.
(+) Steven R. Currier – Outer Mission Residents Association
- The project sponsor and the architect have done a great job to communicate with the community.
- This project is 5 years in the making and he hopes that the Commission will approve it.

ACTION:          Approved
AYES:          Baltimore, Chinchilla, Fay, Salinas
ABSENT:          Lim, Joe, Theoharis
MOTION:          16406



11b.          2002.0013ECV                                         (T.WANG: (415) 558-6335)
5199 MISSION STREET - southeast side between Pope and Rolph Streets; Lot 057 and 058 in Assessor's Block 6463 ﷓ Rear Yard Modification Sought ﷓﷓ Planning Code Section 134(a)(1)(C) requires the proposed affordable senior housing to provide a 25﷓foot rear yard (25 percent of the depth of the subject lot) in an NC﷓3 (Moderate﷓Scale Neighborhood Commercial) District and a 40﷓X Height and Bulk District. The proposed project would provide a comparable amount of usable open space within the development but would not meet the strict rear yard requirements. Planning Code Section 134(e) allows for modification of the rear yard requirements in certain districts subject to a hearing held by the Zoning Administrator.

SPEAKER(S):          None
ACTION:          ZA closed the Public the public hearing and granted the variance

12a.          2002.0189CD                                          (D. SIDER: (415) 558-6697)
843 SOUTH VAN NESS AVENUE - east side between 19th and 20th Streets; Lot 022 in Assessor’s Block 3594 - Request for Conditional Use Authorization to allow [1] the addition of 5 new dwelling units pursuant to Planning Code Section 209.1(h) and [2] the creation of housing in the Mission District which does not provide 25% of the total number of units as affordable units pursuant to Board of Supervisor’s Resolution No. 518-01 (Mission District Interim Controls). The proposal is to construct a lateral and rear addition to an existing 3-unit residential building, resulting in a total of 8 units, in an RH-3 (Residential, House, Three-Family) District and a 50-X Height and Bulk District.
                    Preliminary Recommendation: Approval with Conditions.

SPEAKER(S):
(+) John Sanger – Sanger and Olson
- This lot is sufficiently large to meet the number of units.
- The project sponsor will retain the façade.
- There are 13 letters of support for this project.
- He has met with one of the people who are against this project and has been able to meet his concerns.
- There is no displacement.
- He hopes that the Commission will approve this project.
(+) Joe O'Donaghue – Residential Builders
- There will be no evictions.
- This is a great project.
(+) (speaker did not state name)
- He lives next door to the lot.
- This is a great project and will help the community.
(+) Emily Revelo
- She lives on South Van Ness.
- She has been a Mission District resident for 25 years.
- As long as the developer takes into account her property lines and her garden she is willing to work with the developer.
(+) Bill Barnes – Representative of Supervisor Daly
- Supervisor Daly supports this project.
- Developers are working with neighbors and Supervisor Daly is pleased about that.
(+) Ira Victor - Co-Chair/Concerned Residents of the Mission District
- There is much need for housing in the Mission.
- It is important to bring more housing and more job opportunities to the Mission.

ACTION:          Approved
AYES:          Baltimore, Chinchilla, Fay, Lim, Salinas,
ABSENT:          Theoharis, Joe
MOTION:          16407
12b.          2002.0189CD                                                              (D. SIDER: (415) 558-6697)
843 SOUTH VAN NESS AVENUE - east side between 19th and 20th Streets; Lot 022 in Assessor’s Block 3594 -          Mandatory Discretionary Review of a proposal to change the use of the subject structure from a 3-unit dwelling to an 8-unit dwelling. Discretionary Review is required by Board of Supervisors Resolution Number 518-01 (Mission District Interim Controls) for any change of use within the Mission District. The property is within an RH-3 (Residential, House, Three-Family) District and a 50-X Height and Bulk District.
Preliminary Recommendation: Do not take D.R. and approve the project with conditions.

SPEAKER(S):          Same as those listed in item 12a.
ACTION:          Did not take Discretionary Review and Approved the Project.
AYES:          Baltimore, Chinchilla, Fay, Lim, Salinas
ABSENT:          Theoharis, Joe

Items 13a &b, and 14a & b were called and heard together

13a.          2002.0321CD                                                   (K. McGEE: (415) 558-6367)
3003/3005 - 23rd STREET, south side, at the corner of 23rd and Harrison Streets; Lot 1 in Assessor’s Block 3640 – Request for Conditional Use Authorization to construct two dwelling units in the Mission District. Market-rate dwelling units, that do not provide 25% affordability, are subject to Conditional Use Authorization per the Mission District Interim Controls, Resolution No. 518-01. The property is located in a RH-2 Zoning District and in a 40-X Height and Bulk District. The proposal is to construct two dwelling units of approximately 2,800 square feet each in the Mission District. The proposed building height would be 40 feet.
                    Preliminary Recommendation: Approve with conditions.

SPEAKER(S):
(+) Wayne Hu – Real Estate Project Manager and Consultant to the Project Sponsor
- There is a need for more than 20,000 housing units in the City of San Francisco.
- These projects will provide much needed housing units which will be rented.
- He went out to the neighbors and received support from 63 residents.
- They met with the neighbors and there were concerns about the size of the building and what sunlight this project might block.
- In each building there are 4 parking spaces.
- This project is desirable and necessary and has met the requirements for the conditional use.
(-) Jessica Medina
- She and her grandmother live on 23rd and Harrison.
- She is opposed to this project since her family purchased the house because of the view.
- The project will block sunlight from her house and her grandmother has respiratory problems.
- There will be more noise and more problems.
(-) Franz Fuetsch
- He is not against development of this parcel. He is just against the height of the project and the aesthetics of the project.
- His issues could be addressed by lowering the project.
- There is nothing in this area that is higher than 40 feet.
(-) Amy Fishman
- She lives in the Mission District and works for Mission Housing.
- There hasn't been enough community process for this development.
- Community development needs to be done and not spot-by-spot development.
- Mission Housing has a garden in the area and they were not reached to discuss this project.
(-) Sue Hestor
- This project is very disruptive to this community.
- The live/work style is not in character with the surrounding community.
(+) Alice Barkley – Representing the project sponsor
- The concerned residents who live next door will not have their window blocked.
- This is a residential development that is allowed in this area and it is a vacant lok so there is no displacement.
(+) Joe O'Donaghue – Residential Builders
- 40 to 50 feet in height is not a high-rise.
- The design of this building will be compatible with the other buildings.
(+) Milton Gaines
- He is one of the co-owners of Winfield Design International. Since 1964 they have been in the same location. He has been with the company for 33 years.
- They sold their business last year.
- He spoke to about 80 people in the neighborhood and showed the proposed plans. He received support from most of them.

ACTION:          Approve with the following modifications: 1) sponsor continue to work with the department specifically to try to integrate the design better into the neighborhood; 2) reduce the impact and bulkiness of the building; 3) eliminate the stair tower; 4) assign a notice of special restrictions in order to limit the units to only two; 5) require that the new design come back before the Commission.
AYES:          Baltimore, Lim, Salinas
NAYES:          Fay, Chinchilla
ABSENT:          Joe, Theoharis
                    RESULT:          The motion failed to carry.

ACTION:          Continued to May 23, 2002 at the call of the Chair to allow the absent commissioners to participate in the final action.

13b.          2002.0321CD                               (K. McGEE: (415) 558-6367)
3003/3005 - 23rd STREET, south side, at the corner of 23rd and Harrison Streets; Lot 1 in Assessor’s Block 3640 – Resolution No. 518-01 requires mandatory Discretionary Review for a change of use per the Mission District Interim Controls. The property is located in a RH-2 Zoning District and in a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed.

SPEAKER(S):          Same as those listed in item 13a.
ACTION:          Take Discretionary Review and approve the project with the following modifications: 1) sponsor continue to work with the department specifically to try to integrate the design better into the neighborhood; 2) reduce the impact and bulkiness of the building; 3) eliminate the stair tower; 4) assign a notice of special restrictions in order to limit the units to only two; 5) require that the new design come back before the Commission.
AYES:          Baltimore, Lim, Salinas
NAYES:          Fay, Chinchilla
ABSENT:          Joe, Theoharis
                    RESULT:          The motion failed to carry.

ACTION:          Continued to May 23, 2002 at the call of the Chair to allow the absent commissioners to participate in the final action.


14a.          2002.0323CD                                                   (K. McGEE: (415) 558-6367)
3007/3009 - 23rd STREET, south side, between Harrison Street and Treat Avenue; Lot 1 in Assessor’s Block 3640 – Request for Conditional Use Authorization to construct two dwelling units in the Mission District. Market-rate dwelling units, that do not provide 25% affordability, are subject to Conditional Use Authorization per the Mission District Interim Controls, Resolution No. 518-01. The property is located in a RH-2 Zoning District and in a 40-X Height and Bulk District. The proposed building height would be 40 feet.
                    Preliminary Recommendation: Approve with conditions.

ACTION:          Approve with the following modifications: 1) sponsor continue to work with the department specifically to try to integrate the design better into the neighborhood; 2) reduce the impact and bulkiness of the building; 3) eliminate the stair tower; 4) assign a notice of special restrictions in order to limit the units to only two; 5) require that the new design come back before the Commission.
AYES:          Baltimore, Lim, Salinas
NAYES:          Fay, Chinchilla
ABSENT:          Joe, Theoharis
                    RESULT:          The motion failed to carry.

ACTION:          Continued to May 23, 2002 at the call of the Chair to allow the absent commissioners to participate in the final action.

14b.          2002.0323CD                                                   (K. McGEE: (415) 558-6367)
3007/3009 - 23rd STREET, south side, between Harrison Street and Treat Avenue; Lot 1 in Assessor’s Block 3640 – Resolution No. 518-01 requires mandatory Discretionary Review for a change of use per the Mission District Interim Controls. The property is located in a RH-2 Zoning District and in a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed.

SPEAKER(S):          Same as those listed in item 13a.
ACTION:          Do not take Discretionary Review and approve the project with the following modifications: 1) sponsor continue to work with the department specifically to try to integrate the design better into the neighborhood; 2) reduce the impact and bulkiness of the building; 3) eliminate the stair tower; 4) assign a notice of special restrictions in order to limit the units to only two; 5) require that the new design come back before the Commission.
AYES:          Baltimore, Lim, Salinas
NAYES:          Fay, Chinchilla
ABSENT:          Joe, Theoharis
                    RESULT:          The motion failed to carry.

ACTION:          Continued to May 23, 2002 at the call of the Chair to allow the absent commissioners to participate in the final action.

G.          DISCRETIONARY REVIEW HEARING

At Approximately 6:10 PM the Planning Commission convened into a Discretionary Review (DR) Hearing to hear and act on Discretionary Review matters.

15.          2002.0200D                                          (S.VELLVE: (415) 558-6263)
340 CASTENADA - north side of Castenada Avenue, between San Marcos and Montalvo Avenues, Lot 004 in Assessor’s Block 2882 - Request for Discretionary Review of Building Permit Application No. 2001/12/28/6046, proposing to construct a two-story, rear horizontal addition to the existing single-family dwelling within a RH-1(D) (House, One-Family (Detached Dwelling)) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approved the building permit application as revised.

SPEAKER(S):          None
The discretionary review request was withdrawn

          16.          2001.0894DD          (CABREROS: 558-6169)
                    22-24 ANNAPOLIS TERRACE - east side between Turk Street and Golden Gate Avenue, Lot 015 in Assessor’s Block 1163 -- Requests for Discretionary Review of Building Permit Application No. 2001/0626/2362 proposing an approximately 28-foot long by 25-foot wide horizontal addition at the rear of the existing third story and a new 47 foot long by 25-foot wide fourth floor within the existing footprint of a two-family residence in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
                    Preliminary Recommendation: Take Discretionary Review and approve with modifications
                    (Continued from Regular Meeting of March 7, 2002)

SPEAKER(S):
(-) John Tom – DR Requestor
- He lives on Turk Street.
- His concerns are about the height of the building since it will affect the light and air coming to his house.
- He would like to have the Commission not approve the 4th floor.
(-) Irvin Johnson – DR Requestor
- He lives on Turk Street
- His concerns relate to the light and air that will be diminished from the height of the building.
- This project is not right for the neighborhood.
(-) Grace Wang
- She lives on Turk Street.
- She has the same concerns as her neighbors.
(-) Martin MacIntyre
- He lives on University Terrace.
- If there are large homes in the neighborhood, they are on the corners where they don't block the light and air of their neighbors.
- The height of the proposed project will set a precedent in the neighborhood for other homes and eventually there will be no neighborhood (as it is now).
(+) Vlad Chernotyz
- He has lived in the neighborhood for 15 years.
- He would like to have the project approved.
- The 4th floor will not be visible from the street. The property was designed 40 or 50 years ago and presently there are needs for larger homes.
(-) David Thom
- He lives on Annapolis.
- The proposed project will be the highest building on the block.
(-) Barbara Kiley
- She has lived on Annapolis Terrace since 1975.
- She requests that the 4th story be denied.
(+) Joel Yodowitz – Representing Project Sponsor
- The intension of the design of the proposed house is to minimize the impact on the adjacent neighbors.
- There will not be a great impact on light and air to the properties to the north.
- There are other 4-story buildings in the neighborhood.
(-) Mr. and Mrs. Verkholaz – Project Sponsors
- He just got married last week and his wife is expecting a baby.
- He is not a developer and plans to live in this house for many years.
- They would just like to enjoy this house.

ACTION:          Took discretionary review and approved the project as modified by staff: 1) Removal of the fourth floor; 2) Any property line transparent walls/windows (as permitted by the Department of Building Inspection) shall be non-operable and of a translucent material to afford maximum privacy to neighbors; 3) All side property line walls shall be painted a light (non-metallic) color to maximize reflected lights to adjacent homes.
AYES:          Baltimore, Chinchilla, Fay, Lim, Salinas
ABSENT:          Joe, Theoharis

          17.          2002.0198D          (G. NELSON: (415) 558-6257)
2337-2339 GREEN STREET - south side between Pierce and Steiner Streets, Lots 040 and 041 in Assessor’s Block 0559; Pursuant to Resolution 16078, a staff-initiated request for Discretionary Review of Building Permit Application No. 2001/1213/5189, proposing to merge two dwellings units into one dwelling unit, in a four-story structure located in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
                    Preliminary Recommendation: Take Discretionary Review and Disapprove the Permit

SPEAKER(S):
(+) Ellen Weissel – Project Sponsor
- She explained how the various permits taken out came about and how they were not aware of the merger laws in San Francisco. Their architect who had taken out these permits was not aware of this either.
- She requests that the Commission approve the merger and that their circumstances be understood.
(+) Ken Vincent – Project Architect
- The purpose of the various permits was to allow the Weisel's to live in one unit while the other unit was being worked on.
- He doesn't do much work in San Francisco, most of the work he does is in Marin County.

ACTION:          Took discretionary review and approved the merger with modifications: charge the sponsors time and materials for staff to review and make sure that no more permits are taken out; and that there is a final permit.
AYES:          Baltimore, Chinchilla, Fay, Lim
NAYES:          Salinas
ABSENT:          Theoharis, Joe

          18.          2002.0402D          (D JONES: (415) 558-6477)
                    320 WAWONA STREET - north side between 14th and 15th Avenues, Lot 028 in Assessor’s Block 2482 - Request for Discretionary Review of Building Permit Application No. 2001/08/03/5196R/1, proposing to complete interior work to the basement of the existing single-family dwelling within a RH-1(D) (House, Single-Family Detached) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the revised building permit application.


SPEAKER(S):
Re: Continuance
Marilyn Amini
- She received the summary analysis and the project sponsor's statement and there are a lot of misrepresentation of facts that she would like to look at more closely and this is why she is asking for a continuance.
Bridget Wiley
- She does not support the continuance.

(-) Marilyn Amini – DR Requestor
- The subject property has a three-story extension in the rear that has never been properly permitted.
- She is concerned that there is outstanding electrical and plumbing work that has never been finished and that the project is a mega structure for the block.
- She believes that the project sponsor will be using the home for a day care center.
(+) Bethany Chaney – Project Sponsor
- She is trying to comply with the Planning Department and the Building Department on the one outstanding electrical issue.
- The three-story addition was legalized with permitted work.
- They are trying to make the basement a legal living space. They are not changing anything.
- They have a large child care facility in San Mateo. Yes, they will be opening more child care centers. They will provide mild services and emergency backup--a much needed service within the community.

ACTION:          Did not take discretionary review and approved the project.
AYES:          Baltimore, Chinchilla, Fay, Lim, Salinas
ABSENT:          Joe. Theoharis

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. Each member of the public may address the Commission for up to three minutes.

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

(1) responding to statements made or questions posed by members of the public; or
(2) requesting staff to report back on a matter at a subsequent meeting; or
(3) directing staff to place the item on a future agenda. (Government Code Section 54954.2(a))

None

Adjournment: 7:10 p.m.

THE DRAFT MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, May 30, 2002.
ACTION:          Approved
AYES:                    Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
ABSENT:          Baltimore

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