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February 08, 2001

February 08, 2001

 

SAN FRANCISCO PLANNING COMMISSION


 

Minutes of Meeting

 

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, February 8, 2001

1:30 PM

Regular Meeting

 

 

 

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

 

STAFF IN ATTENDANCE: Gerald G. Green - Director of Planning; Larry Badiner - Zoning Administrator; Sharon Young; Elizabeth Gordon; Michael Kometani; Rick Crawford; Tina Tam; Kenneth Chin; Matthew Snyder; Craig Nikitas; Dan DiBartolo; Patricia Gerber – Transcription Secretary; Linda D. Avery – Commission Secretary

 

THE MEETING WAS CALLED TO ORDER BY PRESIDENT THEOHARIS AT 1:36 P.M.

 

A. ITEMS PROPOSED FOR CONTINUANCE

 

1a. 2000.552XBCV (LIGHT: 558:6254)

199 NEW MONTGOMERY STREET - East side between and with secondary frontages on Natoma and Howard Streets, Lot 21, in Assessor’s Block 3722. Request under Planning Code Section 309 (Downtown Code) for Determinations of Compliance and Exceptions, including an exception to the Separation of Towers requirement (Section 132.1(c)) and an exception to the Reduction of Ground Level Wind Current requirement (Section 148 (a)). The proposal is for the construction of a 15-story, 150-foot tall building that would contain approximately 48,520 gross square feet of office use, 100 dwelling units, 4,800 square feet of retail use, and 70 underground parking spaces to be located on the site of an existing commercial surface parking lot. The proposed project lies within a C-3-O (SD) (Downtown, Office) District and within a 150-S Height and Bulk District.

Preliminary Recommendation: Approval with conditions

(Continued from Regular Meeting of January 25, 2001)

(Proposed for Continuance to February 15 22, 2001)

 

SPEAKER(S): None

ACTION: Continued as indicacted

AYES: Theoharis, Fay, Baltimore, Chinchilla , Joe, Salinas

 

1b. 2000.552XBCV (LIGHT: 558:6254)

199 NEW MONTGOMERY STREET - East side between and with secondary frontages on Natoma and Howard Streets, Lot 21, in Assessor’s Block 3722.


Request under Planning Code Sections 320-325 (Office Development Limitation Program) for a 15-story, 150-foot tall building with up to 48,520 gross square feet of office space, approximately 100 dwelling units, 4,800 square feet of retail space, and 70 parking spaces, to be located on the site of an existing commercial surface parking lot. Pursuant to Planning Code Section 313, the Department has determined that the project would result in the net addition of approximately 48,520 square feet of gross floor area office use, requiring compliance with the Office of Affordable Housing Production Program. The proposed project lies within a C-3-O (SD) (Downtown, Office) District and within a 150-S Height and Bulk District.

Preliminary Recommendation: Approval with conditions

(Continued from Regular Meeting of January 25, 2001)

(Proposed for Continuance to February 15 22, 2001)

 

SPEAKER(S): None

ACTION: Continued as indicated

AYES: Theoharis, Fay, Baltimore, Chinchilla , Joe, Salinas

 

1c. 2000.552XBCV (LIGHT: 558:6254)

199 NEW MONTGOMERY STREET - East side between and with secondary frontages on Natoma and Howard Streets, Lot 21, in Assessor’s Block 3722. Request for a Conditional-Use authorization to allow non-accessory parking. The proposal is for the construction of a 15-story, 150-foot tall building that would contain approximately 48,520 gross square feet of office use, 100 dwelling units, 4,800 square feet of retail use, and 70 underground parking spaces, to be located on the site of an existing commercial surface parking lot. The proposed project lies within a C-3-O (SD) (Downtown, Office) District and within a 150-S Height and Bulk District.

Preliminary Recommendation: Approval with conditions

(Continued from Regular Meeting of January 25, 2001)

(Proposed for Continuance to February 15 22, 2001)

 

SPEAKER(S): None

ACTION: Continued as indicated

AYES: Theoharis, Fay, Baltimore, Chinchilla , Joe, Salinas

 

1d. 2000.552XBCV (LIGHT: 558:6254)

199 NEW MONTGOMERY STREET - East side between and with secondary frontages on Natoma and Howard Streets, Lot 21, in Assessor’s Block 3722 -- Request under Planning Code Section 140 for a Variance for dwelling unit exposure. The proposal is for the construction of a 15-story, 150-foot tall building that would contain approximately 48,520 gross square feet of office use, 100 dwelling units, 4,800 square feet of retail use, and 70 underground parking spaces, to be located on the site of an existing commercial surface parking lot. The proposed project lies within a C-3-O (SD) (Downtown, Office) District and within a 150-S Height and Bulk District.

(Continued from Regular Meeting of January 25, 2001)

(Proposed for Continuance to February 15 22, 2001)

 

SPEAKER(S): None

ACTION: Continued as indicated

AYES: Theoharis, Fay, Baltimore, Chinchilla , Joe, Salinas

 

2a. 2000.171CX (MILLER: 558-6344)

466 BUSH STREET - north side between Grant Avenue and Kearny Street, Lot 42 in Assessor’s Block 270. Request for Determination of Compliance pursuant to Section 309 with respect to a proposal to construct a ten-story Hotel approximately 99 feet in height and containing approximately 91 guest rooms, also involving a request for exceptions to Planning Code standards for building height and bulk (Sections 263.8 and 272, et seq.) -- in a C-3-R (Downtown Retail) District and a 80-130-F Height and Bulk District.

Preliminary Recommendation: Approval with conditions

(Proposed for Continuance to February 15 22, 2001)

 

SPEAKER(S): None

ACTION: Continued as indicated

AYES: Theoharis, Fay, Baltimore, Chinchilla , Joe, Salinas

 

2b. 2000.171CX: (MILLER: 558-6344)

466 BUSH STREET - north side between Grant Avenue and Kearny Street, Lot 42 in Assessor’s Block 270. Request for authorization of a Conditional Use for modification of a previously-imposed condition (time limit for start of construction -- Motion No. 14797) for a HOTEL containing approximately 91 rooms -- in a C-3-R (Downtown Retail) District and a 80-130-F Height and Bulk District.

Preliminary Recommendation: Approval with conditions

(Proposed for Continuance to February 15 22, 2001)

 

SPEAKER(S): None

ACTION: Continued as indicated

AYES: Theoharis, Fay, Baltimore, Chinchilla , Joe, Salinas

 

 

3a. 2000.1269RB (BAUMAN: 558-6287)

India Basin Industrial Redevelopment Project Area Plan Amendment - Request for a finding of consistency with the General Plan for an amendment to the Redevelopment Plan for the India Basin Industrial Park. The amendment would apply to Lot 23 in Assessor’s Block 5203, 3433 Third Street. It would allow up to 50,000 gross square feet of Retail and Business Services uses (a category that includes business and professional offices) and would reduce the parking requirement to one space for each 1,000 occupied square feet of Business Services space, and one space for each 7,000 gross square feet of Telecommunication space. It would reduce the loading requirement to one space for each 100,000 square feet of Retail, Business Services, and Telecommunications space. This amendment would enable the construction of a proposed development at 3433 Third Street, which is a five-story building containing an approximately 111,000 square feet of telecommunications switching facility; 42,000 square feet of office space; 7,500 square feet of retail space; a 6,000-square-foot public plaza and 73 parking spaces.

Preliminary Recommendation: Find the proposed amendment of the Redevelopment Plan consistent with the General Plan.

(Proposed for Continuance to March 1, 2001)

 

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Theoharis, Fay, Baltimore, Chinchilla , Joe, Salinas

 

3b. 2000.1269RB (BAUMAN: 558-6287)

3433 Third Street - the proposal 3433 Third Street requires the authorization of up to 42,000 square feet of office space from the "Reserve for Smaller Buildings" established in Planning Code Section 321 (Office Development Annual Limit). This notice shall also set forth an initial determination of net addition of gross square feet of office space, pursuant to Planning Code Sections 313.4 and 314.4. The site is in the India Basin Industrial Park Redevelopment Area, and in the M-2 Zoning District and the 65-J Height and Bulk District.

Preliminary Recommendation: Allocate up to 42,000 square feet of office space from the "Reserve for Smaller Buildings."

(Proposed for Continuance to March 1, 2001)

 

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Theoharis, Fay, Baltimore, Chinchilla , Joe, Salinas

 

4. 2000.677C (CHIN: 575-6897)

373 BROADWAY STREET - southeast corner of Broadway Street and Bartol Street; Lot 018 in Assessor's Block 0164: -- Request for Conditional Use authorization pursuant to Section 714.83 of the Planning Code to install a total of twelve antennas and a base transceiver station on an existing four-story over basement building, as part of AT&T's wireless cellular network in the Broadway (Neighborhood Commercial) District and a 65-A Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of January 18, 2001)

(Proposed for Continuance to March 8, 2001)

 

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Theoharis, Fay, Baltimore, Chinchilla , Joe, Salinas

 

5a. 2000.190BX (LeBLANC: 558-6351)

201 SECOND STREET, southeast corner of Second Street and Howard Street, Lot 97 in Assessor’s Block 3736, -- Request under Planning Code Sections 320-325 (Office Development Limitation Program) for a ten-story, 140-foot tall building with a total of approximately 45,000 gross square feet including approximately 35,000 square feet of office space and 8,000 square feet of retail and/or restaurant space. The project also includes approximately 860 square feet of open space. This project lies within a C-3-O (SD) (Downtown Office, Special Development) District and within the 350-S Height and Bulk District.

Preliminary Recommendation: Pending

(Proposed for Continuance to March 8, 2001)

 

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Theoharis, Fay, Baltimore, Chinchilla , Joe, Salinas

 

5b. 2000.190BX (LeBLANC: 558-6351)

201 SECOND STREET PROJECT - southeast corner of Second Street and Howard Street, Lot 97 in Assessor’s Block 3736. Request under (1) Planning Code Section 309 (Downtown Code) for Determinations of Compliance and Exceptions, including an exception to the setback requirements of Section 132.1 of the Code for a ten-story, 140-foot tall building with a total of approximately 45,000 gross square feet including approximately 35,000 square feet of office space and 8,000 square feet of retail and/or restaurant space. The project also includes approximately 860 square feet of open space. This project lies within a C-3-O (SD) (Downtown Office, Special Development) District and within the 350-S Height and Bulk District.

Preliminary Recommendation: Pending

(Proposed for Continuance to March 8, 2001)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Theoharis, Fay, Baltimore, Chinchilla , Joe, Salinas

 

6. 2000.1118DDDD (NIKITAS: 558-6306)

33 WALNUT STREET - between Pacific Avenue and Jackson Streets, Lot 002 in Assessor’s Block 0972. Request for Discretionary Review of Building Permit Application No. 2000/05/01/9654, proposing to demolish existing rear deck and bay window, and to add a rear extension 19’-10" deep at the first floor and crawl space level below and extending 15’-10" deep at the second-story with a roof deck above and a new attic level dormer at the front of the house, 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 project as submitted

(Continued from Regular Meeting of January 18, 2001)

(DISCRETIONARY REVIEWS WITHDRAWN)

 

B. COMMISSIONERS' QUESTIONS AND MATTERS

 

7. Consideration of Adoption - draft minutes of January 18 and 25, 2001

 

ACTION: Approved as corrected

AYES: Theoharis, Fay, Baltimore, Chinchilla, Joe, Salinas

 

8.                   Commission Matters

Theoharis: Staff to work with Board of Supervisors' Land Use Committee. The Committee's meeting time conflicts with Planning Commission's hearing time.

Cow Hollow Neighborhood Association has prepared specific neighborhood design guidelines. They are requesting a half-hour presentation before the Planning Commission on March 22. They ultimately are seeking endorsement for their guidelines.

Report on letter from Joe Butler regarding 567 Sanchez St.

Chinchilla: Staff to report on office allocation process:

1)       How much is available?

2)       How much has been applied for?

3)       Which projects are still vying for space now?

Theoharis: Requested that staff make a chart to reflect Commissioner Chinchilla's request regarding the office space allocation program.

 

C. DIRECTOR'S REPORT

 

9. Director's Announcements

 

-          Will contact the Land Use/ Transportation Committee of the Board to discuss the scheduling conflict.

-          Letter from Mr. Butler will be referred to Isolde Wilson

-          Department Work Program and Budget

 

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

-          Job Housing Linkage Alternative Legislation

-          Appeared before Housing Land Use and Transportation Committee to respond to the moratorium language that the Board was considering

 

D.                  REGULAR CALENDAR

 

11. 1997.433A (KOMETANI: 558-6478)

22 ALTA STREET - north side between Montgomery and Sansome Streets, Lot 34A in Assessor’s Block 106. Request for Certificate of Appropriateness authorization, under Article 10 of the Planning Code, to construct a new, one-unit, residential building, two-stories at the front (Alta Street) elevation and five-stories at the rear in the Telegraph Hill Historic District. The subject property is zoned RH-3 (House, Three-Family) District and is in a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of January 18, 2001)

 

SPEAKER(S):

John Abbot, Project Sponsor

-          Very pleased to have the support of the Telegraph Hill Neighborhood Association

-          This property has very unique historical/ architectural attributes

-          Took great care in selection of the design team to preserve the historical attributes of the property in perpetuity–in particular, the last held portion of the garden area.

-          A conservation easement was deeded to the recently establish North San Francisco Land Conservancy--a new non-profit-public-benefit organization

Ed McEachron, Project Architect

-          Gave an overall description of the project

Gerry Crowley, former President Telegraph Hill Association

-          Advised Planning Commission that Telegraph Hill Dwellers Association no longer opposes this project

-          Pleased that the future conservation of the property has been assured

-          Appreciated the generosity of the owner in reaching an agreement to donate a conservation easement

-          Appreciated the guidance and directions of the Landmarks Advisory Board through this long process

-          Thanked the neighborhood for caring deeply about this project, and their determinations to have positive solutions

ACTION: Approved

AYES: Theoharis, Fay, Baltimore, Chinchilla , Joe, Salinas

MOTION NO. 16086

12. 2000.1099X (CRAWFORD: 558-6358)

57 JESSIE STREET - Lot 020 in Assessor’s Block 3708. Request under Planning Code Sections 309 Permit Review in C-3 Districts) for approval of Building Permit No. 2001/01/05/9328S, to construct a seven-story building with two basement levels; eighty- three (83) foot tall, 11,808 gross-square-foot mechanical services building to support the adjacent educational institution building of Golden Gate University. No exceptions under Section 309 have been requested. This project lies within a C-3-O (Downtown, Office) District and within the 500-S Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

 

SPEAKER(S):

Larry Haines

-          Golden Gate University has been part of the City of San Francisco for many years

-          Computer labs need to be in a better facility,

-          The premises are outdated and need to be upgraded

-          Present structure has reached maximum capacity

-          Solution is to construct a silo building which is 88 feet long and 15 feet wide, rising floor by floor to the side of the Golden Gate building

-          Need to integrate the existing facility with the new proposed building

 

ACTION: Approved per staff recommendations

AYES: Theoharis, Fay, Baltimore, Chinchilla, Joe, Salinas

MOTION NO. 16087

 

13. 2000.591C (TAM: 558-6325)

1701 37TH AVENUE - southwest corner of Moraga Street and 37th Avenue, Lots 1 and 5 in Assessor’s Block 2012. Request for Conditional Use Authorization under Planning Code Section 209.3(g) for the reconstruction and expansion of an existing private elementary school (West Portal Lutheran School). The proposal is to demolish an existing one and two-story school building and construct a new, three-story school building, approximately 21,751 square feet. The proposal would expand the existing school size by adding two kindergarten classrooms and approximately 60 students and two teachers, totaling eight classrooms with a maximum student enrollment of 240. The property lies within an RH-1 (Residential, House, One-Family) District and 40-X Height and Bulk District

Preliminary Recommendation: Approval with conditions

SPEAKER(S):

Richard Hesselroth, Congregational President of West Portal Lutheran Church

-          Church school is Kindergarten to the 8th grade

-          Have reached maximum capacity

- Existing building was constructed in 1952

-          Propose to convert building to be more effective; rebuild the sanctuary portion into classrooms

-          New building would have suitably designed student classrooms

-          All neighbors were notified correctly and timely

-          All neighbor's concerns were addressed during different meetings

-          No double parking will be allowed

-          Made a request to the Department of Parking and Traffic to extend the white zone on 37th Avenue by 63 feet, for a total of 128 feet, this zone is available for general neighborhood parking when school is closed

-          New building would include more suitable receptacles and fencing that would prevent and discourage objects, garbage, etc., from leaving their property. Garbage is picked up twice a week.

-          New building would have a smaller ground level school. There will be a multipurpose room inside the building and a small yard on the roof facing Sunset Boulevard that will be noise proof

Kendal Young, Project Architect

- Gave an overall description of the project

(+) Reverend David Stachholz, Pastor

-          We help serve the community

-          The old building needs to be replaced

-          A lot of people want to enroll their kids in the school

-          Because of neighborhood concerns this project was scaled down

-          We would like to keep good relation with the community

-          We will have a new traffic plan, to improve the problems during drop-off and pick-up times

(+) Ed Wong

-          Supports the project

-          His children attend this school

(-) Kathleen Woo

-          Lives close to the school

-          Speaking on behalf of a lot of elderly people in the neighborhood that could not come to the hearing

-          This project is totally out of character

-          Adding more staff and children would obstruct the traffic

-          Project should be scaled down to 2 stories

-          Requested that the school build a fence in back of her property

(-) Glenda Kop

-          Referred to preliminary recommendation on calendar

-          Hope that the commission take in consideration all the community concerns

-          School will not be serving the needs of the children in the community

-          Scale down this project

-          Maintain the same number of students

(-) Keith Kop

-          Scope of this project would impact the neighborhood

-          His family has been living there since 1956

-          Noise is very loud

-          They (school) are about business, not about teaching

-          Scale back this project

-          Will change the character of this beautiful neighborhood

(-) David Woo

-          Live in property adjacent to the project

-          All home owners in the neighborhood oppose this project

-          Garbage is a very delicate issue. A lots of garbage is throw on his property

-          Concerned about traffic. A lot of student's parents double park.

- Traffic is out of control

(-) Gloria Gabancho

-          Have lived in the Sunset for many years

-          This school does not serve the community. A lot the children come from other neighborhoods

-          Massive grow in the number of students

-          No proper notification to neighbors

(-) John Shanley

-          Grew up on the neighborhood

-          Dramatic increase with the traffic around the school

-          School should compromise

(-) Mary Jenosky

-          Lived in the area for 10 years

-          Stable, quite, family oriented neighborhood

-          Concerned about the size of the project

-          This overwhelms the character of this neighborhood

(-) Francisco Figueroa

-          Heard about the project 2 days ago

-          They are creating immense business in a residential area

(-) Sara Wong

-          Disapprove the preliminary recommendation because this project causes nuisances. Also, there will not be accommodation for traffic and parking.

ACTION: Approved

AYES: Theoharis, Fay, Baltimore, Chinchilla , Joe, Salinas

MOTION NO. 16088

 

14. 2000.682C (BRESSANUTTI: 575-6892)

290-296 VALENCIA STREET - northwest corner of 14th Street, Lot 10 in Assessor’s Block 3533. Request for authorization to modify a prior conditional use authorization (Case No. 97.870C for 36 units of rental housing for seniors, including four affordable units, and 2,900 square feet of retail commercial space) to change (1) the occupancy of the units from rental to ownership and (2) the qualifying age from 62 to 55. All other aspects of the prior conditional use authorization would remain unchanged. The property is in a CM (Heavy Commercial) District, and a 50-X Height and Bulk District.

Preliminary Recommendation: Disapproval of change from rental to ownership; approval of change in the age qualification.

 

SPEAKER(S):

David Cincotta, Representing Project Sponsor

-          When he first started working on this project one of the major issues was the change from rental to ownership

-          Reduce the required age from 62 to 55. By doing this, it will increase those who can qualify

-          This project is entirely privately financed. No Federal or State subsidized funding

-          Rents for this project were approved by the Housing Authority

(-) David Spirro

-          Lived in the neighborhood for 24 years

-          This set a bad precedent because they are charging such high rents

-          Rent are over a $1,000 a month for senior citizens

-          We support affordable housing

-          They should convert the lower level to retail/commercial use for non- profits

(+) Dennis Carlin, Jr.

-          His family has invested all their life savings in this property

-          Lived in the facility for his entire life

-          There are currently eight Section 8 residents

-          Renters are afraid of the neighborhood

ACTION: Approved

AYES: Theoharis, Fay, Baltimore, Chinchilla, Joe, Salinas

MOTION NO: 16089

 

15. 2000.336C (CHIN: 575-6897)

1610 SACRAMENTO STREET, north side of Sacramento near the northeast corner of Sacramento and Larkin; Lot 007 in Assessor’s Block 0621:-- Request for Conditional Use authorization pursuant to Section 253 of the Planning Code to demolish a single family dwelling and construct a five-story, 50 foot tall, eight

unit building, in a RM-3 (Residential, Mixed, Medium Density) Zoning District and a 65-A Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S):

John Sanger, Representing Project Sponsor

-          Submitted letters of support to the Commission

-          Only reason this conditional use authorization is before the Commission is because section 253 of the Planning Code provides an opportunity to determine whether buildings in excess of 40 feet are appropriate

-          in residential areas that are zoned RM-3 and R-4. Based on the surrounding buildings, this building has been scaled appropriately for the neighborhood. (+) Joe O' Donaghue, Residential Builders

-          This project is not a live work, these are condominiums

-          This is a good project for this area

(+) Maurice Sakin

-          Supports the project

-          Preserve the character of the neighborhood

-          There will not be traffic congestion

(-) Unknown Speaker

-          Impact of demolition and construction would be very detrimental to the neighborhood

-          No appropriate notification to the neighborhood

-          Construction of this building will not help the housing shortage in San Francisco

(-) Dick Millett

-          Concerned about affordable housing

-          There are no rental units being built in the City

-          All new buildings are condominiums

(-) Unknown Speaker

-          This site is a very historical building

-          It is very unfortunate that this building is going to be demolished

ACTION: Approved

AYES: Theoharis, Fay, Baltimore, Chinchilla, Joe

NAYES: Salinas

MOTION NO.: 16090

 

16. 2000.1105C (M. SNYDER: 575-6891)

128 TEXAS STREET - west side between 17th and Mariposa Streets, Lot 32 in

Assessor’s Block 3985 -- Request for Conditional Use authorization to establish one artist live/work unit in an existing building, currently being used as an artist studio, in an M-1 (Light Industrial) District, a 40-X Height and Bulk District, and an Industrial Protection Buffer Zone. The new live/work unit would include approximately 3,000 square feet of floor area. The proposal includes enclosing the area in front of the building behind a 12-foot tall fence and gate; no addition to the existing building is being proposed.

Preliminary Recommendation: Approval with conditions

 

SPEAKER(S):

(+) Toffi Delayne, Artist

- Owned property since 1982

-          Practicing artist, her work can be seen around the City

-          Seeking permission to live and work at this existing studio

-          As an artist, would like to have the direct and constant access to her work

(+) Brett Gladstone, Representing Project Sponsor

-          Difficult for artist to find a place that they can afford in the City

-          This is a project the whole City would be happy to see

-          This project is in a Buffer Zone

-          There is not going to increase the building envelope. There are just 3 partitions inside separating kitchen, bath and working area. A fence has been put in the front yard to screen the outside parking space from the street

-          There is 3,000 square feet of foyer and it's not being increased

-          All neighbors are in support for this project

(-) Dick Millett, Potrero Hill

-          What kind of precedent will this set in the future if they want to tear this out and put a standard live work in?

-          This is one of many other projects like it that have been build in this area

ACTION: Approved

AYES: Theoharis, Fay, Baltimore, Chinchilla, Joe, Salinas

MOTION NO. 16091

 

17. 2000.824C (YOUNG: 558-6346)

1351 GRANT AVENUE - west side between Vallejo and Green Streets; Lot 002 in Assessor’s Block 0131. Consideration of the possible revocation of conditional use or the possible modification of or placement of additional conditions per Planning Code Section 303(f) of a prior authorization to allow the establishment of a full-service restaurant and bar, approximately 3,400 square feet in floor area, within the North Beach Neighborhood Commercial District and 40-X Height and Bulk District. The proposal is to consider revocation, modification, or placement of additional conditions on a conditional use authorization approved on December 17, 1998, for the conversion of a vacant commercial space, the former Figoni Hardware Store, into a full-service restaurant and bar, per Planning Code Sections 722.41 and 722.42. The proposed full-service restaurant and bar is located on the ground floor level of an existing three-story residential over commercial building. The proposal was approved under Building Permit Application No. 9912999. There have been unresolved complaints from the community in relation to the construction and operation of the facilities and the possible eviction of residential tenants within the building.

Preliminary Recommendation: Planning Commission to schedule a subsequent hearing to consider the revocation, modification, or placement of additional conditions on the conditional use authorized in Motion No. 14785 under Case No. 1998.243C.

(Continued from Regular Meeting of December 7, 2000)

PROJECT WITHDRAWN

 

E.                  SPECIAL DISCRETIONARY REVIEW HEARING

 

At Approximately 4:23 PM the Planning Commission convened into a Special Discretionary Review (DR) Hearing to hear and act on Discretionary Review matters.

 

18. 2000.354D (GORDON: 558-6309)

1775 QUESADA STREET - Building Permit Application No. 200012087607, south west side of the street between 3rd and Newhall Streets, Lot No. 034 in Assessor’s Block 5338. Request for Discretionary Review to revise Building Permit Application No. 9718416, for construction of two new dwelling units on two floors with a mezzanine level on a vacant lot. The proposed revisions would allow an increase in the overall height of the structure by 1.85 feet (from 27.65 feet), an increase in height at the front facade by 1.5 feet (from 27.5 feet to 29 feet), and an increase in the maximum roof elevation of the building by .85 (from 35.65 feet to 37.5 feet). The work proposed under Building Application No. 9718416 has been permitted by both the Planning Department and Department of Building Inspection, but not yet built. The project site is within a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

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

(Continued from Regular Meeting of January 25, 2001)

 

SPEAKER(S):

John Sanger, Project Sponsor/ DR requestor

-          Filed Discretionary Review to expedite hearing on a project that has an existing foundation and to ensure an opportunity for Ms. Bender to file and withdrew her DR

-          Project complies with the Planning Code and Residential Design Guidelines independently of any agreement

-          This case could be confusing because of the different methods of measuring provided under the Planning

-          Modifications are required one way or the other

-          Plans have been revised to reduce the roof elevations

- Maximum roof elevation would go up 1.85 feet

-          As mentioned in the Code, this is substantially less than the permitted building envelope in this district

-          The only issue is the affect on Ms. Bender's view, which is the issue she raised on her first DR

-          Second issue is streetscape consideration under the Residential Design guidelines

-          Building has been designed to be higher than the building on the down hill portion of the street, and lower than the building on the up hill portion by 3.9 feet on the left and 1.2' on the right

-          In response to the neighbors, suggested that the elevation be modified, eliminating the perceptual difference on the first and second floor

-          Project has substantial neighbors support

(+) Jacqueline Pitcher

-          Homeowner in the neighborhood

-          Empty lot has been there for sometime. It is a haven for drug dealers

-          It is completely open for anybody to come and do anything

-          Police Department has been notified

-          Our neighborhood would much safer with a building on this lot

-          This will upgrade the neighborhood

(+) Tom Delante

-          Recommend that the Commission approve the revised permit

-          Construction has been going on since 1997, no work has been done since last August

-          It is very unsightly right now

-          Would like to see this project finalized

-          Main concern is to have construction start again

(+) Ian Warner, Project Sponsor

-          Presented a letter from Lu Shamp in support of the project

(+) Joe O'Donaghue

-          Project Sponsor bought a set of approved plans, he didn't make up these plans, and was not aware of a private agreement.

-          When private agreements are made they should have some method of recordation to validate them.

(-) Christine Bender, DR requestor

- Drawings should be more specific

-          Asked to withdrawn her DR in 1987, because Planning Department did not see any ambiguity

-          Here today to asked and respect the time and money that was put in this project and honor the agreement

-          Agreement between owner

-          Submitted several documents: 1) Proposed elevations under the current height restriction; 2) What the building will look like with the new height; 3) Maps of neighbors in support

-          Was offered $10,000 by Mr. Warner

-          Sympathize with everyone that wants a building to be constructed on that site

-          Her fence has been torn down

-          Mr. Warner does not care about anybody or the neighborhood, he only wants to build his way

(+) Patrick Decent

- Mr. Warner attached and painted things to and on his property

-          Mr. Warner has attach gutters to my property

-          Mr. Warner is not being cooperative

ACTION: Do not take Discretionary Review and approve with instructions that

staff continue to work with sponsor on design

AYES: Theoharis, Fay, Baltimore, Chinchilla, Joe, Salinas

19. 2000.654D (YOUNG: 558-6346)

412 LOMBARD STREET - north side between Grant Avenue and Stockton Street, Lot 010 in Assessor’s Block 0062. Request for Discretionary Review of Building Permit Application No. 2000/03/03/3468 to construct a two-story vertical addition to an existing one-story over basement single-family dwelling in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve

Project with modifications

(Continued from Regular Meeting of January 18, 2001)

SPEAKER(S):

(-) Charles Thomas, DR Requestor

-          There are some problems with the permit application

-          Lack of neighborhood notifications

-          There are some dimensional discrepancies and inconsistencies

-          No demolition permit has been taken out, despite the fact that every aspect of this structure is been changed from the foundation to the roof

-          Excessive height

-          Does not incorporate any lightwell

-          Cast a shadow on his buildings

-          Would block their view, light

-          Propose 6 foot light well deep into his property

-          bulk and height would block all light on the site and much of the light on the back

-          minimize the bay windows

-          Support some of the suggestions brought to you today, and there a many more ways to work this out

(-) Unknown Speaker

-          Lived in the area for 40 years

-          4 of his windows would be blocked completely

-          Never was asked about this building - No notification

-          Blocking all his windows

-          Sun deck would be blocked - No light

(-) Craig Dakino

- Property is directly behind his apartment

-          No notification regarding the project

-          During the whole process there have been so many discrepancies

-          Windows would be completely dark

-          No sunlight

(-) Barbara Fong

-          Lives adjacent to the proposed project

-          Her property would be affected by this construction

-          No proper notification

-          There were some issues that plans were going to be changed

-          This request should be denied

-          Height limit should be limited to the current height to preserve the light and quality of life for the neighbors

(-) Dennis McElrath

-          Live across the street from the project

-          Concerned about how this project should step up the hill

-          Should be parallel with the rest of neighborhood

-          Materials used are not the character of North Beach

-          Roof structure is outside the residential design guidelines

(+) Ahmad Mohazed, Project Architect

-          Will contact neighbors and address their concerns

-          There has been some interaction with neighbors, all were contacted

-          Remove off the penthouse

-          This project is within the Residential design guidelines

-          Bay windows concern is something they will take under advisement with staff

-          He will pick a material that will match the other buildings

-          It won't change the character of the neighborhood

-          Lightwell, is it appropriate?

(+) Marsha Garland, Executive Director of the North Beach Chamber of Commerce

- Owner has amended the project several times to try to find a situation for everyone to be satisfied.

-          Owner should have an opportunity to build his home that will a pleasure for him to live in

(+) Stephano Casalaro

-          Owner has not been too ambitious with this project

-          As long as he follows the law, he should go ahead with the project

(+) John Sanger

-          Owner of building across the street

-          Neighbors were notified

-          Project is very well designed

-          It is truly sad if the materials are changed. What is proposed is modern. The neighborhood has a mixture

-          It is a nice break

-          DR requestor has no right to request a DR, he has violated the law

(+) Jessie Jones

-          Live about two block from property

-          Issues raised about light, view, material to be used in the addition--these are very trivial, minor considerations, and should be taken into consideration after approving the project.

ACTION: Take Discretionary Review and approve as modified:

1) 10 foot set back on top floor

2) Staff & Sponsor to continue to work on design and material; 5 foot side yard setback on 3rd floor

3) If spiral staircase were not in the building code then no penthouse structure would be allowed

4) Lightwell for top floor only

AYES: Theoharis, Fay, Baltimore, Chinchilla, Joe, Salinas

 

20. 2000.877D (NIKITAS: 558-6306)

240 - 16TH AVENUE - east side between California and Clement Streets, Lot 037 in Assessor’s Block 1418, Request for Discretionary Review of Building Permit Application No.2000/04/01/6104 proposing to add a new fourth story and a four-story extension to the rear of the existing building, and to reconfigure the building interior to create a second living unit in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and modify project per staff recommendations.

(Continued from Regular Meeting of January 18, 2001)

 

SPEAKER(S)

(-) Virginia McGowan, Discretionary Review requestor:

-          Property owner parked about 5 cars in front of the property and takes the spaces from other neighbors

-          There are no other rentals units

-          There are no setbacks

-          Need space to build their fences and maintain them

-          Ground floor behind the parking area would contain a complete studio apartment

(-) Unknown Speaker

-          Substantial reductions should be made

-          Concerned about parking

-          A building of this size would be occupied by more people and there will be less parking spaces available

(-) William Marraike

-          Family has lived there for 40 yrs.

-          After the 1906 earthquake, SF City provided cottages

-          This is a family neighborhood

-          In 1980, the last cottage was demolished

-          There is no rent control

-          All families have 2 or 3 children

-          Economic factors have changed

-          They are remodeling excessively and they are changing the character of the neighborhood

(-) Unknown Speaker

- A wall would be in his bay window and would block the light to his dining room

-          Object to the proposed construction and hope the commission will review the plans

-          Compromise

(-) Michael McDowell

-          Proposed changes

-          Concerned about the foundation

-          Concerned about violation of building codes

(-) Luci

-          Supports a request for a setback of the fences

-          This would set a bad precedent for future constructions

(-) Eunice Lee

-          This causes major harm to their property

-          Sunlight is very important for her

-          Opposes this project

-          It is unfair to let this kind of construction happen in the City

(-) Unknown Speaker

-          Live across the street from project

-          Sympathize with the neighbors objections

-          Blocks the sunlight

(+) Project Sponsor

-          People in SF can not afford to buy homes

-          Tried many times to solve differences with neighbors

-          He was threatened by a neighbor

-          Scope of work should be revised again

ACTION: Take Discretionary Review and approve with modifications

AYES: Theoharis, Fay, Baltimore, Chinchilla, Joe, Salinas

 

21. 2000.428D (NIKITAS : 558-6306)

1615 BRODERICK STREET - west side between Sutter and Bush Streets, Lot 002 in Assessor’s Block 1053, Request for Discretionary Review of Building Permit Application No. 2000/10/06/2475 proposing to remodel an existing Group Home in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve permit with conditions.

 

SPEAKER(S):

(-) Rick Hoed, DR requestor

-          Do not oppose project but request some changes be made

-          Provide a safe environment to our clients

-          19 percent of home care facilities are located in this area

-          Concerned about the relation with the Sponsor

-          Security is a major concern

-          Trash in their back yard

-          Sponsor does not seem to care about the character of the neighbor

-          A list of considerations have been issued

-          Agreement should be made between the parties concerned

(+) Patricia Vaughey

-          Were the back steps built legally?

-          An inspection should be done

-          There are serious health hazards

(-) Lee Hood

-          Concerned about illegal Activities around the empty house

-          Stairs were altered 7 year ago

-          Concerned that stairs are not fit to use in case of a fire

-          Only asking that stairs should be placed within the property line

-          Re-design should be revisited

(-) Frank Case

-          Concerned that there is not enough insulation for noise control

-          Their quality of life would be affected

(-) Jim Vale

-          Is there a way to find out if the stairs where legally built?

(+) Unknown Speaker, Representing property owner

-          There were several considerations examined

-          Felt this was the best way to make use of their back yard

(+) Sharon Holmes

-          There are rules in the home to keep our clients quiet

-          Our clients have been harassed by many neighbors

-          Made several concessions

(+) Ron Case, Architect

-          The front stairs are badly in need of repair

-          Back stairs were rebuild in 1994

-          Permit was issue and approved

-          At the time the stairs were rebuilt, they were code compliant

(-) Tom Katz

-          There should be some design solutions

-          Residents in the back should not be able to climb onto his property

(+) Richard Riley

-          There are no life safety issues

-          Urge the Commission to approve the project

ACTION: Do not take Discretionary Review and approve permit as submitted

AYES: Theoharis, Fay, Baltimore, Chinchilla, Joe, Salinas

 

22. 2001.0078D (DiBARTOLO: 558-6291)

1831-37 STOCKTON - west side between Lombard and Greenwich Streets, Lot 005 in Assessor’s Block 0076. Request for Discretionary Review of Building Permit Application No. 2000/10/12/2890, to convert a four-unit building to a three-unit building in an RM-1 (Residential, Mixed-Low Density) District and a 40-X Height and Bulk District. Specifically, the proposal will merge two dwelling units on the third floor. No exterior alterations are proposed.

Preliminary Recommendation: Do not take Discretionary Review, approve building permit as submitted

 

SPEAKER(S):

(+) Michael Evans

-          Appreciates the Commission's effort to help the affordability of homes in the City

-          His property is a small building

ACTION: Continued to March 1, 2001

AYES: Theoharis, Fay, Baltimore, Chinchilla, Joe, Salinas

 

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))

 

 

SPEAKER(S): Patricia Vaughey

Re: 1615 Broderick Street

 

Adjournment: 7:50 P.M.

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