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August 23, 2001

August 23, 2001

 

SAN FRANCISCO PLANNING COMMISSION


Meeting Minutes

Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, August 23, 2001
1:30 PM

Regular Meeting



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

THE MEETING WAS CALLED TO ORDER BY PRESIDENT THEOHARIS AT 1:43 p.m.

STAFF IN ATTENDANCE: Gerald G. Green, Director of Planning; Larry Badiner, Zoning Administrator; Randall Dean; Daniel Sirois; Elizabeth Gordon; Michael Li; Tina Tam; Matt Snyder; Tim Woloshyn; Dan Sider; Mary Woods; Thomas Wang; Dario Jones; Nora Priego, Transcription Secretary; Linda Avery, Commission Secretary

A.          ITEMS PROPOSED FOR CONTINUANCE

          1.          2001.0602E           (MALTZER: 558-5977)
                    PERMANENT INDUSTRIAL PROTECTION ZONE SPECIAL USE DISTRICT - Appeal of Preliminary Negative for a proposed permanent industrial protection zone Special Use District within a multi-block portion of the City’s industrially zoned land, the area generally bounded by the following streets and avenues: Bayshore Boulevard, 26th Street, 25th Street, Iowa, Tubbs, 22nd Street, San Francisco Bay, Islais Creek, Third Street, Evans, Rankin, Phelps, Oakdale, Selby and Helena. Within the Special Use District the provisions of the underlying M-1 and M-2 zoning controls would remain applicable, except that i) no residential or live/work development or conversion to such uses shall be allowed; and ii) no new office development or conversion to office shall be allowed.           
                    Preliminary Recommendation: Reject the appeal and uphold the Department’s decision to publish a Negative Declaration.
                    (Proposed for Continuance to September 6, 2001)

SPEAKER(S):          None
ACTION:          Continued to September 6, 2001
AYES:          Baltimore, Chinchilla, Joe, Lim, Salinas, Theoharis
ABSENT:          Fay

          2.          2001.0602ETZ           (GHOSH/LORD: 558-6275/558-6311)
                    INDUSTRIAL PROTECTION ZONE – SPECIAL USE DISTRICT - Consideration of adoption a resolution that imposes zoning controls establishing a Special Use District Industrial Protection/Zone where new residential, live/work and office/business services and information technology uses would not be permitted in the area generally bounded by Bayshore Avenue, 26th Street, 25th Street, Iowa Street, Tubbs Street, 22nd Street, San Francisco Bay, Islais Creek, Third Street, Evans Avenue, Rankin Street, Phelps Street, Oakdale Avenue, Selby Street and Helena Street.
                    Preliminary Recommendation: Approve Resolution adopting Permanent Industrial Protection Zone – Special Use District
                    (Continued from Regular Meeting of July 19, 2001)
                    (Proposed for Continuance to September 6, 2001)

SPEAKER(S):          None
ACTION:          Continued to September 6, 2001
AYES:          Baltimore, Chinchilla, Joe, Lim, Salinas, Theoharis
ABSENT:          Fay

          3.          2000.1217C          (DiBARTOLO: 558-6291)
                    1100-1126 POLK STREET (AKA: 1092 POST STREET) - northeast corner of Post and Polk Streets; Lot 12 in Assessor’s Block 692 - Request for Conditional Use authorization to allow amplified live and recorded music (defined as "Other Entertainment" by Planning Code Section 790.38) in an existing bar, d.b.a. The Lush Lounge, as required by Planning Code Section 723.48 in the Polk Street Neighborhood Commercial Zoning District and a 130-E Height and Bulk District.
                    Preliminary Recommendation: Approval with Conditions
                    (Continued from Regular Meeting of August 9, 2001)
                    (Proposed for Continuance to September 13, 2001)

SPEAKER(S):          None
ACTION:          Continued to September 13, 2001
AYES:          Baltimore, Chinchilla, Joe, Lim, Salinas, Theoharis
ABSENT:          Fay

          4.          1999.423B          (M. SNYDER: 575-6891)
                    699 - 2nd STREET - "the California Warehouse", northeast corner of 2nd and Townsend Streets, Lot 4 in Assessor’s Block 3789 - Request for authorization under Planning Code Sections 320-325 (Office Development Limitation Program) to establish 49,500 gross square feet of new office use in an SSO (Service, Secondary Office) District, a 50-X Height and Bulk District, the South End Historical District, and a Mixed Use Housing Zone (as designated in Planning Commission Resolution 14861).
                    Preliminary Recommendation:
                    (Proposed for Continuance to September 13, 2001)

SPEAKER(S):          None
ACTION:          Continued to September 13, 2001
AYES:          Baltimore, Chinchilla, Joe, Lim, Salinas, Theoharis
ABSENT:          Fay

          5.          2000.723ABCV          (M. SNYDER: 575-6891)
                    639 – 2nd STREET - east side between Brannan and Townsend Streets, Lot 5 in Assessor’s Block 3789 - (1) Request for new office use authorization under Planning Code Section 320-324 (Office Development Limitation Program) to allow for the construction of 49,500 -gross square feet of new office use; (2) request for Conditional Use authorization under Planning Code section 818.14 to construct nine dwelling units in an SSO (Service / Secondary Office) District; and (3) Request for a Certificate of Appropriateness from the Planning Commission to allow new construction in the South End Historic District. The property is within an SSO (Service, Secondary Office) District, a 50-X Height and Bulk District, the South End Historic District, and a Mixed-use Housing Zone (as designated in Planning Commission Resolution 14861).
                    (Proposed for Continuance to September 13, 2001)

SPEAKER(S):          None
ACTION:          Continued to September 13, 2001
AYES:          Baltimore, Chinchilla, Joe, Lim, Salinas, Theoharis
ABSENT:          Fay

          6.          2000.1140XE          (CHAN: 558-5982)
                    1 POWELL STREET – Appeal of a Preliminary Negative Declaration. Assessor's Block 3530, Lot 6. The proposed project is the seismic upgrading, and expansion of the existing seven-story, Bank of America building, from 90,330 square feet to 101,760 square feet, an increase of 11,430 square feet. The seismic upgrade and expansion would occur within the existing building shell except for filling in the light well on the third through eighth floors. The building, originally the Bank of Italy, was constructed in 1920 and is a Category I building in Article 11 of the san Francisco Planning Code. The building is within the Kearny-Market-Mason-Sutter Conservation District and the Downtown Area Plan. The project site is within a C-3-R (Downtown Retail) District, where office and retail uses are permitted, and is within a 110-X Height and Bulk District.
                    (Proposed for Continuance to September 20, 2001) September 6, 2001

SPEAKER(S):          None
ACTION:          Continued to September 6, 2001
AYES:          Baltimore, Chinchilla, Joe, Lim, Salinas, Theoharis
ABSENT:          Fay

          7a.          2000.497CV            (CHIN: 575-6897)
                    611 JONES STREET - west side of Jones Street near the northwest corner of Jones and Geary; Lot 003 in Assessor’s Block 0304 - Request for Conditional Use authorization pursuant to Sections 249.5(c)(14), 253(a) and 263.7 of the Planning Code to demolish a single-family dwelling and construct an eight-story, 103 foot tall, eight unit condominium building, in a RC-4 (Residential-Commercial Combined Districts, High Density) Zoning District, North of Market Special Use District-1 and an 80-130-T Height and Bulk District.
                    Preliminary Recommendation: Approval with conditions.
                    (Continued from Regular Meeting of August 2, 2001)
                    (Proposed for Continuance to October 11, 2001)

SPEAKER(S):          None
ACTION:          Continued to October 11, 2001
AYES:          Baltimore, Chinchilla, Joe, Lim, Salinas, Theoharis
ABSENT:          Fay

          7b.          2000.497CV           (CHIN: 575-6897)
                    611 JONES STREET - west side of Jones Street near the northwest corner of Jones and Geary; Lot 003 in Assessor’s Block 0304 - REAR YARD VARIANCE SOUGHT: The proposal is to demolish a single family dwelling and construct an eight-story, 103 foot tall, seven unit condominium building, in a RC-4 (Residential-Commercial Combined Districts, High Density) Zoning District, North of Market Residential Special Use District -1 and a 80-130-T Height and Bulk District. Section 134(a)(1) of the Planning Code requires a minimum rear yard of 21 feet 10 inches for the subject property, measured from the rear property line. The proposed building would encroach into the required rear yard by amounts varying approximately from 6 to 15 feet, thereby requiring a rear yard variance.          
                    (Continued from Regular Meeting of August 2, 2001)
                    (Proposed for Continuance to October 11, 2001)

SPEAKER(S):          None
ACTION:          Continued to October 11, 2001
AYES:          Baltimore, Chinchilla, Joe, Lim, Salinas, Theoharis
ABSENT:          Fay

B.          COMMISSIONERS' QUESTIONS AND MATTERS

          8.          Commission Matters

                    Commissioner Salinas:
                    Re: Status of Affordable Housing Projects
                    He would like to know what the status is on the affordable housing projects that are on the drawing board. He would like to have a time frame for these projects being completed.
                    The Director responded that information would be provided to the Commissioners in their packets for the hearing of September 6, 2001.

                    Commissioner Baltimore:
                    Re: Approved below market rate units
                    She had requested information on the number of units the Commission has approved in the below market rate (at 80%, 100% and 120% of meadian income levels).
                    The Planning Director will schedule a presentation on September 6, 2001.

                    Commissioner Theoharis:
                    Re: Resolution from Supervisor Leno
                    Commissioner Chinchilla brought up the recent resolution from Supervisor Leno urging the Commission not to approve residential housing projects of 10 units of more with less than a 10% or 15% affordability. The resolution stated that despite the guidelines, the Commission continues to approve projects that require far less than 10% affordability. Supervisor Leno has made the correction to this legislation. She also remembers that this legislation was put forward in the year 2000 and then withdrawn. She would like the Director to include this information in the report he will be giving on September 6, 2001.

                    Re: Continuances
                    She would like to let the public and developers know that projects cannot be constantly continued. This makes the calendar get out of hand since sometimes the hearings end at 10:00 p.m. and sometimes at 3:00 p.m. She would like the Commission Secretary to keep watch on the cases that are requested to be continued and make sure that the developers and the public know that even though there was a request for continuance, it does not mean that it will be granted.

                    Commissioner Lim:
                    Re: Commending Planning Department Staff
                    She wants to commend the Planning staff on their very professional work.

                    Commissioner Chinchilla:
                    He would like each commissioner to receive the PAC's Revitalization Concept Plan for Bay View Hunter's Point.
                    The Planning Director stated that he would be in contract with the Redevelopment Agency and provide the Commissioner's with their copy.

C.          DIRECTOR'S REPORT

          9.          Director's Announcements
                    - The Planning Director will report on items brought up during Commissioner Matters on September 6, 2001.

                    Zoning Administrator:
                    Re: Demolition Policies
                    - The Department now operates under a memo that the ZA issued as a policy in 1998. This policy needs to be revisited because there have been a number of demolitions. He has been working with the Department of Building Inspection to develop a policy.

                    Commissioner Lim: Would it be a possibility for the Building Department to do a thorough inspection of homes that are to be demolished? She would like to have colored pictures of these site visits.
                    The ZA stated that he would take this into consideration when he meets with inspectors of DBI.

          10.          Review of Past Week's Events at the Board of Supervisors and Board of Appeals
                    BOS
                    RE: Appeal of the Environmental Impact Report for the New De Young Museum.
                    - The Director along with Paul Maltzer attended the Board of Supervisor's hearing. The EIR will go back to the project sponsor's consultant to provide accurate and sufficient date. They will have to modify slightly the historical content in this report. He expects that this will be brought back to the Commission at a hearing during the later part of September.

                    BOA:
                    1432-34 Kearny Street – Discretionary Review in 1997 or 1998. This DR was withdrawn but then resubmitted. The issues were regarding underpinning. The Board denied this permit. This project was resubmitted without underpinning. The ZA stated that this was the same project and it did not require a 311 notice. This decision was appealed at the Board of Appeals last night. The Board determined that a 311 notice was required and requested that this project be brought to the Commission.

D.          REGULAR CALENDAR

          11.          2001.0092EC            (DEAN: 558-5980)
                    1800 1820 SAN JOSE AVENUE - located on the west side of San Jose Avenue, between Santa Rosa Avenue and Colonial Way; Assessor's Block 3144A; Lot 31. Appeal of a Preliminary Negative Declaration. Proposed demolition of existing auto repair business structures, construction of two, four-story, nine-residential unit buildings,. One of the proposed buildings would have 800 sq. ft. of ground-story retail space. The project would provide 9 to 10 off-street parking spaces in each building. Parking garage entries would be from each of the side streets. The proposed project site is approximately 14,360 sq. ft. and is located in the NC-1 (Neighborhood Commercial Cluster) District and the 40-X Height and Bulk District. The project would require conditional use authorization by the City Planning Commission and lot split approval by the Department of Public Works.
                    Preliminary Recommendation: Uphold Preliminary Negative Declaration
                    (Continued from Regular Meeting of July 19, 2001)

SPEAKER(S):
(-) John Andrews
- This project does not conform to the character of the neighborhood since it is much larger and bigger than the other buildings.
- Most of the homes in this neighborhood are single-family homes.
- Traffic in the neighborhood will increase substantially which will cause a variety of environmental problems.
(-) David Hooper
- He lives near the proposed project.
- He does not support the environmental report since there are many buildings that come close to the height of the proposed project.
- This project will increase the demand on automobiles. He does not believe that people will only have one car per unit.
- The traffic will become denser.
- Does this project have to be 4 stories high?
(+) Marcelle Arcilion
- He lives within a block of the project site. If he were to choose between a mechanic shop or a residential building, he would choose a residential building because he is concerned about chemical exposure.
- He is in full support of the project that allows people to move into these units.
(+) Jim Reuben – Reuben and Alter – Representing Project Sponsor
- He thinks that the department did a great job on all the aspects of the environmental impact and has addressed all of the concerns.

ACTION:          Negative Declaration Upheld
AYES:          Baltimore, Chinchilla, Joe, Lim, Salinas, Theoharis
ABSENT:          Fay
MOTION:          16208

          12.          2001.0092EC            (SIROIS: 558-6313)
                    1800 1820 SAN JOSE AVENUE - west side of San Jose Avenue, between Colonial Way and Santa Rosa Avenue, Lot 031 Assessor’s Block 3144A - Request for Conditional Use Authorization to demolish a service station pursuant to Planning Code Section 228.3, and to develop 18 residential units and approximately 1,600 square feet of ground floor commercial spaces in two buildings on two lots greater than 5,000 square feet in an NC-1 (Neighborhood Commercial Cluster) District and a 40-X Height and Bulk District pursuant to Planning Code Section 710.11 and 121.1.
                    Preliminary Recommendation: Approval with conditions
                    (Continued from Regular Meeting of July 19, 2001)

                    SPEAKER(S):
                    (+) Jim Reuben – Reuben and Alter
                    - The project site is an old gas station, which is now used as car storage.
                    - Many neighbors will be glad to see this change of use.
                    - The project will contain 3 legal bedroom units.
                    - The Mission Terrace Organization actually supports this project.
                    - Letters were received which state concerns on the interior of the building.
                    (+) Michael Levit – Project Architect
                    - He attempted to design the proposed project similar to the homes located in the neighborhood.
                    - There is an existing pattern of open spaces.
                    - The project will be surrounded on 3 sides of streets and will have a large portion dedicated to open space.
                    - He tried to enclose the parking garage between the massing of the building.
                    - There will be retail space on the San Jose Avenue side.
                    - The building has been scaled down.
                    - There is a vehicular entrance on the side streets so there won't be congestion on San Jose Avenue.
                    (-) Peter Tanenbaum – New Mission Terrace Improvement Association
                    - They have had several meetings with the developers of this project. They voted to support this project.
                    - They would like a few items added: at least 2 affordable units; the commercial spaces to be larger; the commercial spaces to be retail; if the units become condominiums the retail space should become the property of the condominium association; have elevators installed.
                    (+) David Hooper – Vice President - NMTIA
                    - They are a child-friendly neighborhood.
                    - They would like to have more families come into this neighborhood.
                    - He would like to have 4 affordable units.
                    - He would like to have the retail square footage on the ground floor.
                    - There is no handicap accessibility included in this project.
                    - These requests would be in exchange for not removing the 4th floor.
                    (+) Juan Cuellar
                    - The project is very fair.
                    - Although the project is high, it is still a good project.
                    (+) Matt Murphy
                    - He has lived in San Francisco for the past 40 years, many of those years in this neighborhood.
                    - The project is good for the neighborhood.
                    (+) Roger Ryan
                    - He has children and believes that the neighborhood needs more children.
                    - Most of the people of the association approved the project.
                    - The only eyesore of the neighborhood is the gas station.
                    - Just across the street there is a Samoan Church, which is 4 stories high.
                    (+) Mounir Kardosh
                    - He has owned an Excelsior Auto Body Shop.
                    - The site is located between two MUNI metro sites. This will allow people to use transit more than cars.
                    (+) Bill Fitzgerald
                    - He was happy that the gas station would be taken away.
                    - All the green in the neighborhood fits in this project.
                    (+) Anthony Saccu – New Mission Terrace Tenants Association
                    - The neighborhood is in support of this project, although he knows that this project will not satisfy everyone.
                    - He read a letter from the neighborhood association supporting the project.
                    - Their requests are that there be 2 affordable unitsand that the area be rezoned for retail.
                    (+) Peter Cohen – San Francisco Housing Action Coalition
                    - This project has received their endorsement and he hopes that the Commission will approve this project as proposed.
                    (+) Jaime Rossi – San Francisco Housing Action Coalition
                    - His organization supports the project and it meets their criteria.
                    - This project provides much needed housing.
                    - There will be 3-bedroom units, which will allow families to stay in San Francisco.
                    (+) Tony Vela
                    - He knows the project behind the project site.
                    - This auto repair shop has been there for so many years. It would be nice to see something different there.
                    - Two units are plenty with regards to affordable units.
                    - There is access to units on the ground floor so there is no need for an elevator.
                    (+) Joe O'Donaghue
                    - Housing is being built instead of live/work yet people are still complaining.
                    - This is market-rate housing.
-          This project has market rate housing in a neighborhood that had a gas station and auto shop.

                    (-) Paul Melbostad
                    - He lives in the neighborhood and belongs to the San Francisco Housing Action Committee.
                    - This degree of density is not appropriate.
                    - Revise the height and make half of the units affordable--yet the minimum should be at least one.
                    (-) John Andrews – Mission Terrace Association
                    - There were a lot of people who were against this project.
                    - The executive committee, which is a small subset of the association, is in support of the project. Therefore, not all the association supports this project.
                    - This project will create a traffic problem for the neighborhood.
                    - The great majority of the association members would like a 3 story building with more arrangements for parking.
ACTION:          Approved staff recommendation to require three affordable units and further design review and landscaping
                    AYES:          Baltimore, Joe, Lim, Salinas
                    NAYES:          Chinchilla, Theoharis
                    ABSENT:          Fay
                    MOTION:          16209

          13.          2001.0563L          (GORDON: 558-6309)
                    300 BARTLETT STREET (MISSION CARNEGIE LIBRARY) - southwest corner at the intersection of Bartlett and 24th Streets, Assessor's Block 6515, Lot 1. Consideration of landmark designation and adoption of a resolution recommending landmark designation of the Carnegie Mission Branch Library as Landmark No. 234. The subject property is zoned P (Public), and is in a 50-X Height and Bulk District.
                    Preliminary Recommendation: Adopt a resolution approving Landmark designation and recommending that the Board of Supervisors approve the landmark designation.

                    SPEAKER(S):
                    (+) Tim Kelley – President, San Francisco Landmarks Preservation Advisory Board
                    - He is pleased with the nominations of these buildings.
                    - These are two of the 7 Carnegie Branch Libraries; the other 5 libraries will be scheduled in the future before the Planning Commission.
                    - This nomination will set precedence for future nominations of these libraries.
                    ACTION:          Landmark Designation Approved
                    AYES:          Baltimore, Chinchilla, Joe, Lim, Salinas, Theoharis
                    ABSENT:          Fay
                    MOTION:          16210

          14.          2001.0568L          (GORDON: 558-6309)
                    1135 POWELL STREET (CHINATOWN CARNEGIE LIBRARY) - west side between Washington and Jackson Streets, Assessor's Block 191, Lot 4. Consideration of landmark designation and adoption of a resolution recommending landmark designation of the Carnegie Chinatown Branch Library as Landmark No. 235. The subject property is zoned P (Public), is in a 65-A Height and Bulk District, and is in the Garment Shop Special Use District.
                    Preliminary Recommendation: Adopt a resolution approving Landmark designation and recommending that the Board of Supervisors approve the landmark designation.

                    SPEAKER(S):          
                    (+) Tim Kelley – President, San Francisco Landmarks Preservation Advisory Board
                    - (The comments he made under item 13 were also made for item 14.)
                    ACTION:          Landmark Designation Approved
                    AYES:          Baltimore, Chinchilla, Joe, Lim, Salinas, Theoharis
                    MOTION:          16211
          15.          2000.1140X          (LIGHT: 558-6254)
                    1 POWELL STREET - west side between Eddy and Ellis Streets, Lot 5 in Assessor’s Block 330 - Request under Planning Code Section 309 (Downtown Code) for Determination of Compliance to make minor modifications to the ground floor entrance and windows of the subject property to accommodate a retail store, and to seismically retrofit the existing 138-foot tall, seven-story over basement building containing a ground level retail banking office with office uses on the upper floors. The seismic retrofitting will be accomplished by infilling a large light well on the north side of the property with a structural system that will provide proper seismic reinforcement for the building. No Exceptions under Section 309 of the Planning Code are requested by the proposed project. The project is in a C-3-R (Downtown, Retail) zoning district, a 110-X height and bulk district, and in the Kearny-Market-Mason-Sutter Conservation District. The building is rated as a Category I building under the Downtown Plan.
                    Preliminary Recommendation: Approval with Conditions
                    (Continued from Regular Meeting of August 16, 2001)

SPEAKER(S):          None
ACTION:          Continued Without Hearing to September 6, 2001
AYES:          Baltimore, Chinchilla, Joe, Lim, Salinas, Theoharis
ABSENT:          Fay

          16a.          1997.478E KMRZ           (LI: 558-6396)
                    525 GOLDEN GATE AVENUE - southwest corner at Polk Street; Lot 001 in Assessor’s Block 0766: -- Adoption of resolution affirming the certification of the Final Environmental Impact Report and adopting findings pursuant to the California Environmental Quality Act for a new 14-story, 181-foot-high City Administrative Office Building.
                    Preliminary Recommendation: Approval

                    (NOTE: Items 16a,b,c,d, & e were all called and heard together)

                    SPEAKER(S):
                    (+) Edgar Lopez – Bureau of Architecture - Project Sponsor
                    - There is no design for the project yet.
                    - He is here to seek Commission approval for the re-zoning.
                    - They have met several times with the community as well as two meeting with Supervisor Amiano in order to come up with a solution to decrease the shadow impact on the Tenderloin school.
                    - They have shown the new shadow study to the community and are willing to continue to work with them to find solutions as they move along with the design.
                    (+) Rod Freebairn-Smith – Member of SPUR
                    - He is here as a co-chair of SPUR.
                    - SPUR supports this project.
                    - SPUR asks the Commission to approve spot zoning for this building.
                    (+) Kelley Cullens – Franciscan Brother
                    - He doesn't support the spot zoning spoken about by the previous speaker.
                    - Changing the zoning and allowing tall buildings to go up next to City Hall doesn't keep the integrity of Civic Center.
                    - If more wind and more shadows are cast on the Civic Center area it will become a  no man's land.
                    - He hopes that the design of the building will not cast a shadow on the Tenderloin Grade School.
                    (+) Roger Brandon
                    - This building seems like it's not good planning.
                    - There is a building next door that is not fully occupied with City offices. That space should be occupied first.
                    - He is opposed to this project.
                    ACTION:          EIR certified and CEQA findings were approved
                    AYES:          Baltimore, Chinchilla, Joe, Lim, Salinas, Theoharis
                    ABSENT:          Fay
                    MOTION:          16212

          16b.          1997.478KMRZ           (LI: 558-6396)
                    525 GOLDEN GATE AVENUE - southwest corner at Polk Street; Lot 001 in Assessor’s Block 0766 - Request for a General Plan Referral to determine if the construction of a proposed 14-story, 181-foot-high City Administrative Office Building is consistent with the objectives and policies of the General Plan.
                    Preliminary Recommendation: Determination that the project is consistent with the objectives and policies of the General Plan

                    SPEAKER(S):          Same as those listed for item 16a.
ACTION:          Approved determination that project is consistent with the objectives and policies of the General Plan
                    AYES:          Baltimore, Chinchilla, Joe, Lim, Salinas, Theoharis
                    ABSENT:          Fay
                    MOTION:          16213

          16c.          1997.478KMRZ           (LI: 558-6396)
                    525 GOLDEN GATE AVENUE - southwest corner at Polk Street; Lot 001 in Assessor’s Block 0766 - Request for reclassification of Lot 001 in Assessor's Block 0766 from a P (Public) District and a 130-E Height and Bulk District to a P (Public) District and a 200-L Height and Bulk District. The proposal is to amend the official zoning maps of the City and County of San Francisco to change the height and bulk district classification of Lot 001 in Assessor's Block 0766 from 130-E to 200-L to accommodate a proposed 14-story, 181-foot-high City Administrative Office Building. The use district classification of the subject property will remain the same.
                    Preliminary Recommendation: Approval

                    SPEAKER(S):          Same as those listed for item 16a.
                    ACTION:          Approved
                    AYES:          Baltimore, Chinchilla, Joe, Lim, Salinas, Theoharis
                    ABSENT:          Fay
                    MOTION:          16214

          16d.          1997.478KMRZ           (LI: 558-6396)
                    525 GOLDEN GATE AVENUE - southwest corner at Polk Street; Lot 001 in Assessor’s Block 0766 - Request to amend Maps 4 and 5 of the Urban Design Element of the General Plan in connection with a proposed 14-story, 181-foot-high City Administrative Office Building. The proposal is to amend Map 4 (Urban Design Guidelines for Height of Buildings) to show the height designation of Lot 001 in Assessor's Block 0766 as 161-240 feet. The current height designation is 89-160 feet. The proposal is to amend Map 5 (Urban Design Guidelines for Bulk of Buildings) to show the bulk designation of Lot 001 in Assessor's Block 0766 as follows: the guidelines shall apply above a height of 150 feet with a maximum plan dimension of 250 feet and a maximum diagonal dimension of 300 feet. The current bulk designation is as follows: the guidelines apply above a height of 80 feet with a maximum plan dimension of 110 feet and a maximum diagonal dimension of 125 feet.
                    Preliminary Recommendation: Approval
                    SPEAKER(S):          Same as those listed for item 16a.
                    ACTION:          Approved
                    AYES:          Baltimore, Chinchilla, Joe, Lim, Salinas, Theoharis
                    ABSENT:          Fay
                    MOTION:          16215

          16e.          1997.478KMRZ           (LI: 558-6396)
                    525 GOLDEN GATE AVENUE - southwest corner at Polk Street; Lot 001 in Assessor’s Block 0766 - Request for a determination of the shadow impact significance on Civic Center Plaza from the construction of a proposed 14-story, 181-foot-high City Administrative Office Building.
                    Preliminary Recommendation: Determination of no significant shadow impact

                    SPEAKER(S):          Same as those listed for item 16a.
                    ACTION:          Approved determination of no significant shadow impact
                    AYES:          Baltimore, Chinchilla, Joe, Lim, Salinas, Theoharis
                    ABSENT:          Fay
                    MOTION:          16216

          17.          2000.1279C          (TAM: 558-6325)
                    522-524 CLIPPER STREET - north side between Diamond and Douglass Streets, Lot 9 in Assessor’s Block 6545 - Request for Conditional Use authorization under Planning Code Section 121(f) to allow the subject lot to be subdivided into two lots. One of the newly created lots will have a width of 19 feet, which is less than the required 25-foot minimum. The proposal also includes construction of a new four-story, single-family dwelling on the newly created 19-foot wide lot. The property is located in a RH-2 (Residential, House, Two-Family) District and 40-X Height and Bulk District.
                    Preliminary Recommendation: Disapproval
                    (Continued from Regular Meeting of July 26, 2001)
                    Note: On July 26, 2001, following public testimony, the Commission closed public hearing and continued the case to August 9, 2001 to allow the project architect to submit revised architectural drawings and to have a representative from the Building Department attend the hearing. The Vote was +6 –0. Commissioner Theoharis was absent.

                    SPEAKER(S):
                    (+) Michael Levit – Project Architect
                    - Under conditional use a structure is allowed to be built on this lot without the lot subdivision, which would be the same size structure of the same width. Because of the additional width of the existing lot, there is enough square footage to accommodate three units.
                    - This project has gone through many reductions in scale. He has tried to respond to the department's issues and surrounding neighbors. There are many neighbors in support of the project.
                    - He displayed diagrams that showed the design of the project.
                    (+) Denny Andyelkduci
                    - He has seen the plans and was given an explanation by the project sponsor of the details of the project.
                    - He believes that this will improve the neighborhood.
                    (+) Vicky Sagario
                    - The plan will improve the existing property.
                    - She lives across the street from the property and it will benefit her to have an improved building across the street.
                    (+) Ben Geffen – Project Sponsor
                    - The parking issue was discussed at the previous hearing. There will be space only for 3 cars.
                    - He and the architect have been working very hard on this project.
                    - He has reached anybody who has showed interest in this project.
                    - There is no way to completely satisfy everyone who has concerns about this project.
                    - This project will be very compatible with the neighborhood.
                    - They have done many revisions to the project, taking into consideration all the issues the neighbors have had.
                    (+) Joe O'Donaghue
                    - This project is two units and staff recommendeds disapproval.
                    - The project sponsor is not a developer.
                    - This homeowner has invested into this project and should be allowed to go through with it.
                    - The Planning Department needs to approve project (like this), which are beneficial to the needs of today.
                    (-) Salem Muffarreh
                    - There are many homeowners here that are against the project.
                    - This project will build 4 stories on a very narrow lot.
                    - There are no 4-story buildings on the block.
                    - The deck, which will be built on this project, will look over his bedroom.
                    (-) Antoinette Muffarreh
                    - Clipper is much higher than Diamond Street.
                    - Her concern is related to privacy.
                    (-) Oscar Tagle
                    - He lives on Diamond Street
                    - He had supported the project in the beginning since it was initially designed as a 3 story home. Now the design has changed to a 4-story home and he does not agree with this.
                    (-) Norberto Melendez
                    - He lives near the proposed project.
                    - There is no need to maximize projects to their maximum height and width.
                    - If there are any neighbors supporting this project it is because they live across the street. There are other neighbors in the back part of the building, which do not support it.
                    - His concerns are related to the building height and mass and loss of privacy.
                    (-) Phillip Platt
                    - Twenty-Fifth Street is 1 story below the level of Clipper Street.
                    - His bedroom is below the height of the existing building.
                    - Many of the trees, which are already there, will be removed.
                    - This project is not compatible with the neighborhood.
                    (-) Jerry Polon
                    - He lives on 25th Street.
                    - He did not receive a notice regarding this hearing. He found out about this from a neighbor.
                    - He does not support this project.
                    (-) Anastasia Yovanopoulos – Friends of Noe Valley
                    - She would like to keep Noe Valley as it is.
                    - Trees are very important to the City and this project poses a threat to the trees.
ACTION:          Intent to approve with the following additional conditions: (1) the proposed single-family dwelling shall not exceed more than 3 stories in height; (2) the applicant shall submit a Tree Plan; (3) the applicant shall obtain a Certificate of Final Completion for the interior and exterior changes to the existing two-family dwelling prior to the occupancy of the new single-family dwelling; (4) the applicant shall record a Notice of Special Restriction to ensure one off-site parking spaces for the existing two-family dwelling; and (5) the final plans for the proposed single-family dwelling shall be reviewed and approved by the staff of the Department of City Planning. Final Language/Action on 9/6/01.
AYES:          Baltimore, Chinchilla, Joe, Lim, Salinas, Theoharis
ABSENT:          Fay

          18.          2000.306C           (TAM: 558-6325)
                    215 CHURCH STREET - east side of Church Street, between Market and 15th Streets; Lot 64 in Assessor's Block 3544 - Request for Conditional Use authorization to allow a full-service restaurant (CHOW) to expand to greater than 3,000 square feet in floor area by the creation of an outdoor activity area, approximately 238 square feet in area, at the rear of the building in the Upper Market Street Neighborhood Commercial District and a 80-B Height and Bulk District, pursuant to Planning Code Sections 721.21 and 721.24. This request also includes an amendment to a previously approved Special Use authorization (81.526U) to increase the seating capacity from 40 to 68 seats, including outdoor seating, and to extend hours of operation from 11:00 p.m. to 12:00 midnight.
                    Preliminary Recommendation: Approval with Conditions
                    (Continued from Regular Meeting of August 2, 2001)

SPEAKER(S):
(+) Joe Conte – Project Sponsor
- He has the following three requests: 1) build a rear patio to accommodate more guests; 2) build a functional area to handle the amount of garbage they generate since their current recycling program requires 5 different garbage containers, the recycling program does not allow plastic bags so they also need cemented space with a drain to wash out their garbage containers; 3) they will be required by the fire department and the Building Department to upgrade an exit and install a sprinkler system to the whole building.
- He has had various conversations with the neighbors but only recently have these meetings been productive.
- He is willing to design the space requested with all the conditions that are required of him.
- The project will cost $200,000. In order to be able to pay for all these upgrades, he needs to have the hours be less restrictive.
- The following conditions are in addition to the ones requested by the Planning Department: 1) all conditions stated in the already existing  Noise Reduction Plan ; 2) small tables seating 2 to 4 people each; 3) add a roof to the garbage area (subject to Building Department approval); 4) low lighting; 5) no music; 6) close patio at 10:00 p.m.; 7) no bar; 8) no smoking; 9) will not be used for a standing or waiting area; 10) no private parties or banquet events; 11) rat slab will be built under the deck; 12) sound proof back wall; 13) the awning will remain closed after 8:00 p.m.; 14) remove fireplace from proposal; 15) add the following noise reduction recommendations resulting from a meeting with a neighborhood representative named Dana Campini and a sound engineer.
- He realizes that these extra conditions will probably take an extra effort but he is willing to do this in order to keep his restaurant open.
(-) Tina Dahl
- She is a resident on Landers Street.
- She handed a petition with signatures of people who are opposed to the construction.
- Parking is greatly impacted by the increase of people coming into the neighborhood.
- In the morning she can see about 10 empty spaces of cars that were parked there attending the restaurant.
- Most of the buildings are three stories and the noise disturbs most of the neighbors.
- She would like for the Commission to not be lenient.
- They are concerned that the entire leniency that the restaurant owner is showing is just to get the project approved but they won't stick to the requirements.
ACTION:          Approved with recommendations stated by Project Sponsor and staff.
AYES:          Baltimore, Lim, Theoharis, Salinas
NAYES:          Joe
ABSENT:          Chinchilla and Fay
MOTION:          16217

          19.          2000.1104C          (M. SNYDER: 575-6891)
                    488 BRYANT STREET - north side between 2nd and 3rd Street, Lot 18 in Assessor's Block 3763 - Request for Conditional Use authorization under Planning Code Section 817.73 and 227(h) to install three panel antennas on the building rooftop and related backup equipment within the building in an SLI (Service Light Industrial Mixed-Use) District and a 40-X Height and Bulk District. This is a Preference Location 4.
                    Preliminary Recommendation: Approval with Conditions
                    (Continued from Regular Meeting of August 16, 2001)

SPEAKER(S):
(+) Jenney Estes – Representing Project Sponsor
- This is a preference location 4
- The engineer is here for any questions.
ACTION:          Approved
AYES:          Baltimore, Joe, Lim, Salinas, Theoharis
ABSENT:          Chinchilla, Fay
MOTION:          16218

          20.          2001.0604C          (WOLOSHYN: 558-6612)
                    3928 GEARY BOULEVARD - north side between Third and Fourth Avenues and Divisadero Streets, Lot 016 in Assessor's Block 1435 - Request for Conditional Use Authorization under Planning Code Section 712.61 to operate an automobile rental establishment within an NC-3 (Moderate-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District. The proposal is to convert an existing automobile repair establishment (Harry's Auto Repair) to an automobile rental establishment (Hertz). The proposed automobile rental facility will operate within the current footprint of the building. Minor internal changes are proposed as part of the conversion.
                    Preliminary Recommendation: Approval with Conditions
                    (Continued from Regular Meeting of August 16, 2001)

SPEAKER(S):
(+) Robert King
- He has no exceptions to the conditions.
(+/-) Patricia Voughey
- She would like to note that there was an error in the calendar language.
ACTION:          Approved
AYES:          Baltimore, Joe, Lim, Salinas, Theoharis
ABSENT:          Chinchilla, Fay
MOTION:          16219

          21.          2001.0639C           (SIDER: 558-6697)
                    60 - 6th STREET, northwestern corner of Jessie and 6th Streets; Lot 6 in Assessor's Block 3703 - Request for Conditional Use Authorization to allow the intensification of a nonconforming nighttime entertainment use, pursuant to Planning Code Section 181(f), in an RSD (Residential / Service) Mixed-Use District with an 85-X Height and Bulk designation. The existing facility ( Club Six ), located on the ground and basement levels of the property, is a nightclub, bar, and lounge which currently has permits to operate every night from 8 p.m. until 2 a.m. The proposal is to extend Club Six's hours of operation on Friday and Saturday nights until 4 a.m. No physical changes are to be made to the subject structure.
                    Preliminary Recommendation: Approval with Conditions

SPEAKER(S):
(+) Peter Glickstein
- Any establishment that serves liquor cannot serve to minors.
- They have been operating this establishment for two years on 6th Street and have done very well.
- They would like to have their hours extended.
- They haven't had any complaints.
- They have established a decent track record.
- He is part of a program called  the clean team which employees school kids in the summer to help clean up.
- He is part of a watch team to keep 6th Street safe.
- They will hire a security person.
- They will have the entrance to the establishment on Jessie Street, which will decrease the foot traffic on 6th Street.
- They have support by neighbors, business owners and clients.
(+) John Wood – San Francisco Late Night Coalition
- The project sponsor is one of the most responsible establishment owners that they know.
- The extended hours permit does not allow minors after 2:00 a.m.
- The coalition supports this project.
- The project sponsor is one of the founders of the Late Night Coalition.
(+) Joe O'Donaghue – Residential Builders
- Many of their members are actively participating in revitalizing the 6th Street area.
- Minors should be allowed to go to places in the late hours.
- The project sponsor is reaching out and doing many good things to this City.
ACTION:          Approved
AYES:          Baltimore, Joe, Lim, Salinas, Theoharis
ABSENT:          Chinchilla, Fay
MOTION:          16220

E.          DISCRETIONARY REVIEW HEARING

                    At Approximately 7:30 PM the Planning Commission convened into a Discretionary Review (DR) Hearing.

          22.          2000.194D          (SIDER: 558-6697)
                    2121 EVANS AVENUE - west side between Army (Cesar Chavez) and Napoleon Streets, Lot 001B in Assessor’s Block 4343 - Mandatory Discretionary Review of Building Permit Application Nos. 2000.07.20.4210, 2000.07.20.4204, and 2000.06.26.3720, proposing to demolish three industrial sheds totaling approximately 6,724 gross square feet and replace them with an approximately 88,653 gross square foot expansion to an existing building containing approximately 82,985 gross square feet of industrial use and 1,746 gross square feet of retail use. The property is within an M-2 (Heavy Industrial) District, a 65-J Height and Bulk District, and the Industrial Protection Zone.
                    Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed.
                    (Continued from Regular Meeting of August 9, 2001)

SPEAKER(S):
(+) Tony Pantaleoni – Project Sponsor
- He is available for any questions.
ACTION:          Do not take DR and approve as proposed.
AYES:          Baltimore, Joe, Lim, Salinas, Theoharis
ABSENT:          Chinchilla, Fay

          23.          2001.0497DD          (WOODS: 558-6315)
                    2408-10 UNION STREET - north side between Scott and Pierce Streets, Lot 7 in Assessor’s Block 536 - Requests for Discretionary Review of Building Permit Application No. 2001/0122/0297 to add an additional story and a horizontal addition at the rear of an existing three-story, two-unit building located within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
                    Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed by the project sponsor.
                    (Continued from Regular Meeting of August 9, 2001)

SPEAKER(S):
(-) Steve Williams – Representing DR Requestor
- Mr. Grove lives in a key lot so everything that happens on his lot affects two other projects.
- The project violates the Cow Hollow Design Guidelines.
- This project will have the first 4th story in the neighborhood.
(-) Marvyn Grove
- There would be a significant shadow impact on his property.
- He proposes that there be a slight set back in order to reduce the impact on several key windows to his property.
(-) (did not state name)
- There is an actual removal of a housing unit.
- The sponsor will construct a unit in the basement.
- The issue of 8 bedrooms and enlarging a house and not having any parking spaces is definitely an issue.
- There is an issue with regards to the view.
- The project sponsor has been very good about listening to their concerns.
(-) Brook Sampson – Director of the Cow Hollow Neighborhood Association
- Their long standing policy is to be a mediator in disputes between neighbors.
- They have not been able to accomplish a settlement with this case.
- The issues here are: neighborhood character, topography and terrain, etc.
(-) Patricia Voughey
- For two years there have not been any compromises.
- Rentals are being lost and then one wonders why the City does not have housing units.
- Everyone seems to want a bigger house.
- Everyone should be treated equally.
(+) Susan Michael – Project Architect representing Project Sponsor
- The Planning Commission approved the Cow Hollow Neighborhood Association guidelines after this project request was submitted. Therefore, those guidelines do not apply.
- This project preserves the character of the house and the neighborhood.
- She displayed photographs of the proposed construction.
- She met with Brook Sampson and other members of the Cow Hollow Association and at that time they were in support of the project. This is the first time that she hears they are opposed to the project.
- The affect on parking will be minimal. She displayed a diagram of the garage and how it will be enlarged. There will only be one legal parking space.
- The top floor has not been occupied for 30 years. This unit will be upgraded and used as a rental unit.
ACTION:          Do not take Discretionary Review and approve project as submitted.
AYES:          Baltimore, Lim, Salinas, Theoharis
NAYES:          Joe
ABSENT:          Chinchilla, Fay

          24.          2001.0534DDDDDD          (WANG: 558-6335)
                    18-28 MIGUEL STREET - north side between Beacon and Bemis/Fairmont Streets, Lot 048 and 049 in Assessor's Block 7542 ﷓ Request of Discretionary Review of Building Permit Application Nos. 2000/09/15/0713 and 2000/09/15/0714 to construct one new three﷓story over garage, single﷓family dwelling on each of the two vacant lots in an RH﷓1 (Residential, House, Single﷓Family Dwelling) District and a 40﷓X Height and Bulk District.
                    Preliminary Recommendation: Do not take Discretionary Review and approve the project as submitted

SPEAKER(S):          None
ACTION:          Continued without Hearing to September 27, 2001
AYES:          Baltimore, Joe, Lim, Salinas, Theoharis
ABSENT:          Chinchilla and Fay

          25.          2001.0727D          (SIROIS: 558-6313)
                    229 STATES STREET -south side of States Street, between Castro Street and Levant Street, Lot 083, Assessor’s Block 2619 - Request for Discretionary Review of Building Permit Application 2001/03/05/3444 proposing the construction of a two-unit residential building in place of an existing single-family house proposed for demolition in an RH-2 (Residential, Two Family House) District and a 40-X Height and Bulk District.
                    Preliminary Recommendation: Do not take Discretionary Review and approve project as proposed.

SPEAKER(S):          None
ACTION:          DR Withdrawn

          26.          2001.0610D          (JONES: 558-6477)
                    1117 JUDAH STREET - south side between 16th and 17th Avenues, Lot 48 in Assessor’s Block 1837 - Request for Discretionary Review of Building Permit Application No. 2000/10/16/3112 for the demolition of the existing three-story single-family dwelling, and for the new construction of a four-story, two family dwelling within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
                    Preliminary Recommendation: Do take Discretionary Review and approve project with modifications to match the D.R. Requestor’s light well.

Item called out of order – after item 17.

SPEAKER(S):
() Lawrence Cornfield – Building Inspector
- In 1988 the Building Department developed a procedure to determine whether a building was an unsound structure.
- They determined with the Planning Department to set a threshold that if the repairs required to meet the minimum standard of San Francisco housing exceeded 50% of the construction of the new building, then it would be determined an unsound structure.
(-) Mimi Lee – DR Requestor
- Displayed a model of how the proposed building would have adverse impacts on adjacent buildings.
- There were errors and inconsistencies on various documents. She has summarized them and handed them to the Commissioners.
(-) Tom Turrouski
- He lives on Judah Street.
- There will be lack of light from this construction.
- The back deck will ruin another Sunset District back yard.
- He hopes that the case will not be approved without modifications to address the concerns of the DR requestor.
(-) Tenison Lee – Brother of DR Requestor
- There is one room in his parents house which has a lot of sunlight most of the day. The proposed construction would block this light completely.
(+) Brendon Laylor – Project Sponsor
- He has had numerous meetings with the DR requestors and planning staff. He has redesigned his building three times to accommodate DR requestor and planning staff.
- He has offered numerous improvements to the DR requestor's home in order to decrease the impact from the proposed construction.
ACTION:          Take Discretionary Review with the following modifications: 1) modify the light well; 2) issue a notice of special restriction; 3) project be limited to two units by having an open area on 2nd floor, on room adjacent to the stairwell which is labeled as office; install a reflective substance on the roof; move 2nd, 3rd, and 4th floors back 8 feet so that it's in line with the windows.
AYES:          Baltimore, Joe, Lim, Salinas, Theoharis
ABSENT:          Chinchilla and Fay

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))

                    Joe O'Donaghue – Residential Builders
                    - He has been around this Commission since 1978.
                    - Since 1978 he has come to understand the politics of the Board of Supervisors and the responsibility of the Planning Commission.
                    - There has not been one single unit of housing because of all the politics of the Board of Supervisors.
                    - This board is obligated to find housing.
                    - He has asked the Board of Supervisor's when these housing units will be built!
                    - Builders and developers have built live/work because that's what was allowed to build.
                    - There is no affordable housing in this City. Housing is very necessary.
                    Patricia Voughey
-          She is here on two issues: 1) loss of housing. Families are having a hard time staying in San Francisco.
-           2) Lombard Master Plan.
                    - One person put up a billboard. This person wrote a letter to his neighbor, which stated that if this person (the neighbor?) didn't give him 20% of the profit he would make his life miserable.
                    - There are 47 billboards and 36 of them appear to be over the limit.
                    - She presented the survey to the Board of Appeals.
                    - There are many business owners that will suffer from this because they will be caught in the middle.
                    - They have to evaluate what will go on Lombard Street.

                    Adjournment: 8:10 p.m.

THE DRAFT MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, October 11, 2001.

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

Last updated: 11/17/2009 10:00:12 PM