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September 13, 2001

September 13, 2001

 

SAN FRANCISCO PLANNING COMMISSION


Meeting Minutes

Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, September 13, 2001
1:30 PM

Regular Meeting



PRESENT:                    Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
ABSENT:                    None

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

STAFF IN ATTENDANCE: Gerald G. Green, Director of Planning; Larry Badiner, Zoning Administrator; Amit Gosh; Paul Maltzer; Craig Nikitas; Nonie Turrell; Mary Woods; Jim Miller; Michael Smith; Ricardo Bressanutti; Glenn Cabreros; Dan Sirois; Judy Martin; Jonathan Purvis; Dan Sider; Matt Snyder; Pete Vollmann; Nora Priego, Transcription Secretary; Linda Avery, Commission Secretary

A.          ITEMS PROPOSED FOR CONTINUANCE

1.          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: Approval with conditions
                    (Continued from Regular Meeting of August 16, 2001)
                    (Proposed for Continuance to September 20, 2001)

SPEAKER(S):          None
ACTION:          Continued to September 20, 2001
AYES:          Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis


2.          2000.723ABC (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; (3) request for a Certificate of Appropriateness from the Planning Commission to allow new construction in the South End Historic District; (4) request for a Rear Yard Modification per Planning Code Section 134(e) from the Zoning Administrator; and (5) request for an Exposure Variance per Planning Code Section 140 from the Zoning Administrator. 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.
Preliminary Recommendation: Approval with conditions
(Continued from Regular Meeting of August 16, 2001)
(Proposed for Continuance to September 20, 2001)

SPEAKER(S):          None
ACTION:          Continued to September 20, 2001
AYES:          Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis

3.          2001.0642CR                               (VELLVE: 558-6263)
1000 OCEAN (AKA 11 PHELAN – SAN FRANCISCO FIRE DEPARTMENT STATION #15) - north side between Phelan and Plymouth Avenues, Lot 001, Assessor's Block 3180 - Request for Conditional Use authorization pursuant to Sections 234.2 and 711.83 of the Planning Code to install a total of three panel antennas on the tower of an existing two-story, publicly-used structure (a fire station) and related equipment at ground level within a P (Public) and an NC-2 (Small-Scale Neighborhood Commercial) Zoning District, and within 40-X and 65-A Height and Bulk Districts respectively. The fire station and proposed antennas/related equipment are located within the portion of the lot zoned as a P District. The subject site is a Location Preference 1 (Preferred Location – Publicly-Used Structure).
Preliminary Recommendation: Approval with conditions
          (Proposed for Continuance to October 4, 2001)

SPEAKER(S):          None
ACTION:          Continued to October 4, 2001
AYES:          Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis

4.          2001.0642CR                               (VELLVE: 558-6263)
1000 OCEAN (AKA 11 PHELAN – SAN FRANCISCO FIRE DEPARTMENT STATION #15) - north side between Phelan and Plymouth Avenues, Lot 001, Assessor's Block 3180 – General Plan Referral pursuant to Sections 234.2 and 711.83 of the Planning Code to install a total of three panel antennas on the tower of an existing two-story, publicly-used structure (a fire station) and related equipment at ground level within a P (Public) and an NC-2 (Small-Scale Neighborhood Commercial) Zoning District, and within 40-X and 65-A Height and Bulk Districts respectively. The fire station and proposed antennas/related equipment are located within the portion of the lot zoned as a P District. The subject site is a Location Preference 1 (Preferred Location – Publicly-Used Structure).
Preliminary Recommendation: Finding of conformity with the General Plan.
          (Proposed for Continuance to October 4, 2001)

SPEAKER(S):          None
ACTION:          Continued to October 4, 2001
AYES:          Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis

          5.          2000.0173C           (LIGHT: 558-6254)
                    500 FRANCISCO STREET (A.K.A. 401-499 BAY STREET & 501-599 BAY STREET) -
                    north side of Francisco Street between Mason Street and Columbus Avenue; Lot 1 in both Assessor’s Blocks 42 and 43 - Request for a Conditional Use Authorization of a planned unit development to demolish an existing 229-unit public housing complex (North Beach Housing Project) and replace it with a mixed use development that would include approximately 360 affordable housing units, about 48 of which would be senior housing units; a child care center for up to 38 children; a computer learning center; ground floor retail uses; incubator office space for businesses operated by project residents and community-serving businesses; and approximately 330 below grade parking spaces. The proposed project would include about 338,000 square feet of residential space, about 4,000 square feet for the child care center, about 8,000 square feet for the computer learning center and other community space, and approximately 20,000 square feet of commercial space, in an RM-3 (Residential, Mixed, Medium Density) District and a 40-X Height and Bulk District.
                    Preliminary Recommendation: Approval with Conditions
                    (Continued from Regular Hearing of August 16, 2001)
          (Proposed for Continuance to October 4, 2001)

SPEAKER(S):          None
ACTION:          Continued to October 4, 2001
AYES:          Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis

          6.          2001.0327C          (WOODS: 558-6315)
                    2038 CLEMENT STREET - north side between 21st and 22nd Avenues, Lot 32 in Assessor's Block 1412 - Request for Conditional Use authorization under Section 717.39 of the Planning Code to demolish an existing two-story building containing retail on the ground floor and two dwelling units on the second floor and construct a new, four-story building containing three parking spaces on the ground floor and three dwelling units above the ground floor in the Outer Clement Street Neighborhood Commercial District and a 40-X Height and Bulk District.
                    Preliminary Recommendation: Pending
                    (Continued from Regular Hearing of August 9, 2001)
(Proposed for Continuance to October 11, 2001)

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

          7.          2001.0552C          (SIROIS: 558-6313)
                    4610 MISSION STREET - north side of Mission Street, between San Juan Avenue and Norton Street, Lot 003 Assessor’s Block 3206 - Request for Conditional Use Authorization to install a wireless telecommunications facility pursuant to Planning Code Section 712.83, which includes the installation of eight panel antennas, one GPS antenna and associated equipment cabinets in an NC-3 (Moderate-Scale Neighborhood Commercial) District and a 65-A Height and Bulk District. The subject site is a Preference Location 4.
Preliminary Recommendation: Pending
(Continued from Regular Meeting of August 16, 2001)
(Proposed for Continuance to October 11, 2001)

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

          8.          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 16, 2001)
(Proposed for Continuance to October 11, 2001)

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

B.          COMMISSIONERS' QUESTIONS AND MATTERS

          9.          Consideration of Adoption - draft minutes of July 19, 2001.

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

          10.          Commission Matters
                    None

C.          DIRECTOR'S REPORT

11.          Director's Announcements
          None

          12.          Review of Past Week's Events at the Board of Supervisors and Board of Appeals
BOS – None (The Board is still on recess).
At the next Board of Supervisors hearing scheduled for September 24, 2001, the following case will be heard: 4501 Irving Street – Conditional Use to construct a multiple family residential structure, 4 stories in an NC-1 district.

BOA – 255 San Marcos – a building permit where the Commission took DR and denied the permit +5-0 because the modifications to the building were not in character with the neighborhood and the building had been listed in the 1976 Survey as a modern art building and that it was not in character with the existing structure. The BOA overturned the Commission's decision stating that there had been a lot of subdivisions over the years and that this permit was appropriate with the neighborhood.

13.          2308 FUNSTON AVENUE - east side, north of Taraval Street, Assessor’s Block 2341, lot 39 – Requesting direction to staff regarding enforcement of conditions of approval of Planning Commission Motion No.11613 (Case No. 88-618S), which approved a General Plan referral for a two-lot subdivision with a condition requiring preservation of all on-site trees, in a RH-1(D) Residential, House, One-Family Detached) District and a 40-X Height and Bulk District.
                    Preliminary Recommendation: Concur with arborist recommendation

SPEAKER(S):          None
ACTION:          Meeting Held. Commission concurred with staff recommendation. No vote taken.

D.          CONSENT CALENDAR

          14.          2001.0371Q           (MASSEHIAN: 558-6363)
                    2134 GREEN STREET - north side between Fillmore and Webster Streets, Lot 6 in Assessor’s Block 0540 – Request approval of a six-unit residential condominium conversion subdivision in an RM-1 (Residential, Mixed) District and a 40-X Height and Bulk District. The proposal is to change the existing building to a condominium form of ownership and does not involve expansion, alteration, or demolition of the existing building.
Preliminary Recommendation: Approval

SPEAKER(S):          None
ACTION:          Approved
AYES:          Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
MOTION NO.          16229

E.          REGULAR CALENDAR

15.          2000.541E (KUGLER: 558-5983)
350 BUSH STREET - OFFICE DEVELOPMENT - Certification of the Final Environmental Impact Report prepared for a proposed office project on Assessor's Block 269, Lots 2, 2a, 3, 22, 24, 25, 26, the approximate middle third of the block between Bush, Pine, Kearny and Montgomery Streets. The proposed project which would have frontages on both Bush and Pine Streets would be a 250-foot-high (19 stories), 400,000 square foot (sq.ft.) office building that would incorporate the historical San Francisco Mining Exchange Building (San Francisco Landmark No.113). The proposed office tower would be set back from the Bush Street façade of the Mining Exchange Building. The project as proposed would contain 360,000 sq.ft. of office use, 7,270 sq.ft. of retail use and 32,730 sq.ft. of parking as 100 subsurface parking spaces. Four existing buildings (465-469 Pine St., 451-453 Pine St., 447 Pine St., and 441-443 Pine St.) would be demolished. The project site is located in the Financial District of downtown San Francisco in the C-3-O Zoning District and a 250-S Height and Bulk District.
Please Note: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on July 5, 2001. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification only may be presented to the Planning Commission.
Preliminary Recommendation: Certify EIR.

SPEAKER(S):          None
ACTION:          Approved
AYES:          Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
MOTION NO.          16230

16          2000.541EAHTKBCX                                         (NIKITAS: 558-6306)
350 BUSH STREET – Office Development Determination of compliance with Section 295 of the Planning Code restricting shadow on land under the jurisdiction of the Recreation and Park Department. A proposed office project on Assessor’s Block 269, Lots 2, 2a, 3, 22, 24, 25, 26, the approximate middle third of the block between Bush, Pine, Kearny and Montgomery Streets, would cast shadow on St. Mary’s Square, a protected property. The proposed project would be a 250-foot-high (19 stories), 400,000 square foot (sq.ft.) office building that would incorporate the historical San Francisco Mining Exchange Building (San Francisco Landmark No.113). The project sponsors propose to convey space on the roof of the building at 500 Pine St, contiguous to and at the elevation of the Square, to be developed as park land, to the City, increasing the area of and sunlight available to the enlarged St. Mary’s Square. The project site is located in the Financial District, in the C-3-O Zoning District and a 250-S Height and Bulk District.
                    Preliminary Recommendation: Find that the project complies with Section 295, contingent on acceptance by the City of an agreement to design, develop and convey the land at the roof of 500 Pine St.

SPEAKER(S):          None
ACTION:          Approved
AYES:          Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
MOTION NO.          16231

          17.          2000.961EZCKS           (TURRELL: 558-5994)
                    1101 O'FARRELL STREET - Appeal of a Preliminary Negative Declaration. Assessor’s Block 713, Lot 33, and Block 720, Lots 28, 35, 36, and 38. The proposed project involves demolition of the existing 15,000-square-foot, three-story Urban Life Center building, which contains social service and office uses, and construction of a 308,395-square-foot, 240-foot-tall structure with 240 units of senior housing. Approximately 85 on-site below-ground parking spaces would be provided. The project also involves the seismic upgrade of St. Mark’s Lutheran Church and relocation of about 5,000 square feet of social services space from the Urban Life Center building to the adjacent Martin Luther Tower. The 80,400-square-foot site is located in an RM-4 (Residential, Mixed: High Density) Zoning District within the Western Addition neighborhood. Lots 28, 35, and 36 of Block 720 are within an 80-B Height and Bulk District; the remainder of the site is within a 240-E Height and Bulk District. The project would require approval of a lot subdivision and merger, a height reclassification, and Conditional Use authorization for a Planned Unit Development. The project would also require a Certificate of Appropriateness for seismic upgrade of St. Mark’s Lutheran Church, City Landmark No. 41.
                    Preliminary Recommendation: Uphold Negative Declaration
                    (Continued from Regular Meeting of September 6, 2001)

SPEAKER(S):
(-) Gaylan Workman – First Unitarian Church
- He submitted an appeal because the project will be a tower of concrete that will place a large shadow on his church.
- He is definitely not opposed to constructing a senior center but this (the structure) will create a very negative impact on the church.
(-) Dolores Perez-Priem – First Universal Church
- Her concerns to the project will be the increased traffic and the parking problems on an already problematic corridor.
- Children that come to the Unitarian Church will be impacted by this project since they will have to navigate on a street that already has a lot of traffic.
- She would like the Negative Declaration to provide more information on the adverse affects of traffic and parking.
(-) Michael Tomas – First Universal Church
- The report has many inaccuracies. The report states that his church provides parking for their members--this is not true.
- Exiting from their garage will be quite difficult if there is an increase in traffic. This problem is not stated in the transportation study.
(-) Thad Smith – First Universal Church
- He is not against senior housing.
- It is not unreasonable to have competition for disabled parking.
- He would like the report to have a more thorough study regarding the parking impact.
(-) Alex Darr – First Universal Church
- He understands that change is inevitable but the project will negatively impact the surrounding neighbors.
- He would like to have a public restroom installed as one of the conditions of this project.
(-) Bernard Chodan – San Francisco Tomorrow
- There are several things that can be done to decrease the impact.
- Expert urban designers should view this project and the report.
(-) Betsy Dar – First Unitarian Universal Church
- She would like an Environmental Impact Report be done since this project will negatively impact the courtyard on her church.
(-) Gregory Meyer – First Unitarian Universal Society
- He has some familiarity with CEQA.
- He has read and analyzed the report and feels that a full Environmental Impact Report be conducted.
- He would like to work with St. Marks and be able to talk about a better design of the project.
(-) Karen Langsley – First Unitarian Universal Society
- She has children who attend Sunday School at the church.
- She doesn't understand why the Planning Department does feel that an environmental impact report is not warranted.
- Traffic is very much a problem in this area.
- She would like the Commission to order an Environmental Impact Report.
(-) Michael Hoefer
- He has lived in the area for about 20 years.
- He has observed how the quality of life for people who live in this area has decreased.
- This is an already congested area regarding traffic.
- It will be extremely difficult for an ambulance or a police car to travel on this street.
- This study does not really go into the details of the traffic study.
(-) Monica Duque
- She lives directly across from the project.
- This project will impact the neighbors very negatively.
- The development will bring unwanted traffic and noise.
- This project will not only cause a shadow on her unit but also on the entire complex and this will increase her utility bills.
(-) Janet Pettis
- She lives directly across from the project.
- The traffic in this area is already a problem and this project will increase this problem.
- People in her building do not have parking available as it is.
(+) John Clawson – Equity Development Builders
- Most of the comments have been addressed in the appeal.
- The housing project provides services for seniors and it will have the lowest parking requirement of any use.
- They are more than satisfying the demands.
- There will be 8 to 12 deliveries per week. The truck access can be accommodated on Franklin Street. These trucks will be small.
- They have done significant studies regarding the shadow impacts.
(+) Kate White
- Everyone in this City should support affordable housing.
- She is a member of the housing coalition and they have fully endorsed this project.
- She hopes to grow old in this City and be able to live in a housing project like this one.
(+) Bob Planthold
- He would like to have the Commission determine that there is no significant environmental impact from this project.
- There are playgrounds, which are fully covered in fog.
- This project will be located in a transit rich area, many seniors use more public transportation than drive their own cars so he doesn't believe that this project will cause a negative impact to the surrounding areas.
(+) Jeff Heller – Project Architect
- He has had a lot of experience with senior housing.
- About 10% of the seniors living here will have cars so he doesn't believe that there will be a negative impact.
- He understands that neighborhood concerns are always an issue as well as changes.
ACTION:          Approved
AYES:          Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
MOTION NO.          16232

          18a.          2000.961EZCKS           (WOODS: 558-6315)
                    1101 O'FARRELL STREET - southwest corner of O’Farrell (a.k.a. Starr King Way) and Franklin Streets, Lot 33 in Assessor’s Block 713 and Lots 35 and 36 in Assessor’s Block 720 - Request to reclassify the existing Height and Bulk Districts of Lots 35 and 36 from 80-B to 240-G; and reclassify the existing Bulk District of Lot 33 from 240-E to 240-G in an RM-4 (Residential, Mixed, High Density) Zoning District. The existing Zoning District would not change. The reclassification is being sought to allow the development of a 240-unit senior housing facility (St. Mark’s Square).
                    Preliminary Recommendation: Adoption of the Draft Resolution for Reclassification
(Continued from Regular Meeting of September 6, 2001)

SPEAKER(S):
(+) Rev. Jan Womer – St. Mark's Lutheran Church
- Since the Gold Rush, St. Mark's congregation has been a part of the changing landscape of San Francisco.
- The current project will allow seismic upgrade and additional senior housing at St. Mark's Square.
(+) Co-Pastor Elizabeth Ekdale – St. Mark's Lutheran Church
- For over 152 years the church has served the wider community of San Francisco.
- Housing for seniors is critical in San Francisco.
- They will continue and expand the church's ministry.
- There will be 48 units of designated affordable housing for seniors.
- This project enables them to retrofit their 106 year-old church and be able to expand community services from all of their facilities at St. Mark's Square.
(+) Jeffrey Heller – Heller Manus Architects
- He gave a PowerPoint presentation on the location, design and merits of the project.
(+) John Clawson – Equity Community Builders
- The first speaker stated many of the project benefits as well as protecting a landmark church.
- This project provides support services.
- Affordable housing is the key word for this project.
- The operating cost of senior housing is a lot more expensive than regular housing.
- They have had extensive community outreach.
- They have received a large number of letters in support.
- They need to support the mission of their church and preserve this landmark.
(+) Walter Johnson – AFL-CLO
- The City needs housing for seniors.
- There is also a need for assisted living for these seniors.
- This project will provide a lot of good things.
- This project is for real people and even though these people are seniors they do have a future.
(+) Bob Plathold
- He would like the Commission to approve this project without modifications.

(+) Ron Miguel – Housing Action Coalition
- They fully endorse this project.
- This is a win, win, win project. It's a win on housing; it's a win on retrofit of a historic church and a win for seniors.
(+) Ed Michael
- He is not a member of the church but lives in the tower.
- He was a member of the Planning staff many years ago.
- For over 150 years St. Mark's Square has embodied the spirit of giving, even in trying times.
(-) Galen Workman – First Unitarian Universalist Society of San Francisco
- They are concerned with the zoning and lot modifications.
- He is also concerned with the height of the tower.
- They ask that the Planning Department not allow zoning changes to the area.
(-) Monica Duque
- She lives on Franklin Street with her husband.
- The overall qualities of life in the apartment complex will significantly deteriorate.
- The proposed development will bring unwanted traffic and parking problems to the area.
- It will make it quite difficult for garbage and emergency vehicles to travel on the street.
- Everyone is talking about the seniors but what about the neighbors?
(-) John Rutherford – First Unitarian Universalist Society
- St. Mark's Square has been a good neighbor for many years.
- The problem here is that this project and its design will result in the loss of 10 units in Martin Luther Tower.
- The rest of the units will rent at market rate or above. The developer estimates they will be somewhere between $3,000 and $5,000 a month per unit.
(-) Rachel Balyeat – First Unitarian Universalist Society
- She opposes the height and bulk of this tower.
- This will have a negative effect on their congregational church that is economical, physical and spiritual.
- The courtyard provides light and heat to the interior of their church and this project will
cause a significant shadow.
(-) Michael Thomas – First Unitarian Universalist Society
- This project has significant traffic impacts.
- Please consider the alternatives.
(-) John Donaldson – First Unitarian Universalist Society
- He displayed photographs of their church depicting how sunlight comes into the church to illuminate it as well as pictures of people gathering in the courtyard.
- This project will cast a significant shadow on both their church and courtyard.
(-) Paulett Taggart – First Unitarian Universalist Society
- This project will cast a significant shadow onto their sanctuary.
- The proposed tower goes above the height limit of the area. The proposal to change the height limit zoning should be denied.
- She supports new housing but the height of the building is too much.
(-) Bernie Choden – San Francisco Tomorrow
- (The majority of his text is unclear). The speaker expressed that he is against the project.
(-) Lois Scott
- She was the project planner for the 1990 Residence Element and it's affordability components. She feels very strongly about them.
- She is concerned that this project is being allowed to double count its affordable housing units.
- She is concerned about the affordability and the loss of existing affordable housing.
ACTION:          Approved
AYES:          Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, and Theoharis
MOTION NO.          16233

          18b.          2000.961EZCKS           (WOODS: 558-6315)
                    1101 O'FARRELL STREET - southwest corner of O’Farrell (a.k.a. Starr King Way) and Franklin Streets, Lot 33 in Assessor’s Block 713, and Lots 35 and 36 in Assessor’s Block 720 - Request for Conditional Use Authorization under Sections 253, 303 and 304 of the Planning Code to permit a Planned Unit Development for the construction of a 23-story, 240-foot tall, 240-unit senior housing facility in an RM-4 (Residential, Mixed, High Density) Zoning District and a 240-G Height and Bulk District.
                    Preliminary Recommendation: Approval with conditions
          (Continued from Regular Meeting of September 6, 2001)

SPEAKER(S):          Same as those listed in item 18a.
ACTION:          Approved as amended by Zoning Administrator
AYES:          Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, and Theoharis
MOTION NO.          16234

                    19a.          2000.1215BEKX                                          (MILLER: 558-6344)
48 TEHAMA STREET - northwest side between First and Second Streets, Assessor's Block 3736, Lots 84 and 85, within a C﷓3﷓O(SD) (Downtown Office﷓Special Development District) and a 200﷓S Height and Bulk District ﷓ Request for authorization of Office Space in excess of 25,000 square feet but less than 50,000 square feet under Section 321 of the Planning Code to permit construction of new office space, not to exceed 49,300 square feet under Section 321 of the Planning Code.
                              Preliminary Recommendation: Approval with Conditions
                              (Continued from Regular Meeting of September 6, 2001)

SPEAKER(S):
(+) Andrew Junius – Reuben and Alter
- Displayed diagrams and aerial photos of the location and specifications of the project.
- This project will be specifically for small businesses.
(+) Clara Camora – Project Architect
- She displayed photographs of the project and explained the details of the architectural design of the building.
ACTION:          Approved
AYES:          Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, and Theoharis
MOTION NO.          16235

                    19b.          2000.1215BEKX                                         (MILLER: 558-6344)
48 TEHAMA STREET - northwest side between First and Second Streets, Assessor's Block 3736, Lots 84 and 85, within a C﷓3﷓O(SD) (Downtown Office﷓Special Development District) and a 200﷓S Height and Bulk District ﷓ Request under Planning Code Section 309 for Determination of Compliance for a building exceeding 75 feet in height and for the granting of exceptions to the Planning Code requirements for (1) rear﷓yard area (Section 134) and (2) ground﷓level wind currents (Section 148), with respect to a proposal to construct a new building, approximately 194 feet in height (with an additional 21 feet of mechanical equipment for a total height of up to 216 feet), containing a total floor area of 67,750 gross square feet, with a gross floor area under Planning Code Section 102.9 of 59,750 gross square feet. The building would include up to 49,300 square feet of office space and up to 10,500 gross square feet of residential space divided into three dwelling units (on the top three floors). The project would provide approximately seven off﷓street parking spaces.
                              Preliminary Recommendation: Approval with Conditions
          (Continued from Regular Meeting of September 6, 2001)
          
SPEAKER(S):          Same as those listed for item 19a.
ACTION:          Approved
AYES:          Baltimore, Fay, Joe, Lim, Salinas, and Theoharis
NAYES:          Chinchilla
MOTION NO.          16236

          20.          2000.581C           (SMITH: 558-6322)
                    455 & 457 BUENA VISTA AVENUE EAST - east side of the street between Upper Terrace and Park Hill Avenue, Lot 270 (formerly Lots 059 & 060) in Assessor’s Block 2607- Request for Conditional Use Authorization for dwelling unit density at a density ratio of one dwelling unit per 1,000 square feet of lot area per Planning Code Section 209.1(h) to construct one four unit building in a RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.
                    Preliminary Recommendation: Approval with Conditions
          (Continued from Regular Meeting of August 16, 2001)
Note: On August 16, 2001, the Commission continued this matter to September 13, 2001 in order to request the attendance of a DBI representative and the engineer who prepared the demolition report by a vote +6 –0. Public hearing remained open. Commissioner Theoharis was absent

SPEAKER(S):          None
ACTION:          Continued Without Hearing to September 20, 2001
AYES:          Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, and Theoharis

21.          2001.0278C                                                              (BRESSANUTTI: 575-6892)
23-25 BARTLETT STREET - east side between 21st Street and 22nd Street, Lot 60 in Assessor's Block 3616 - Request for Conditional Use authorization to build a new five-story, approximately 49-foot-tall, three-unit residential building on an existing vacant lot, with three parking spaces at the ground floor, a two-bedroom unit on each of the second and third floors, and a three-bedroom unit on the fourth and fifth floors, requiring Conditional Use for a building exceeding a height of 40 feet in an R District per Section 253, and for new market rate housing per the Mission District Interim Zoning Controls, in an RH-3 (Residential, House, Three-Family) District and a 50-X Height and Bulk District.
          Preliminary Recommendation: Approval with modifications

SPEAKER(S):
(+) Zed Morad – Project Sponsor
- His family is providing badly needed housing that is affordable.
- The height should be resolved in favor of this project since it will provide housing for middle-income families.
- He hopes that the Commission will approve his project.
- He spoke to everyone in the neighborhood and everyone supported his project.
(+) Toby Levy – Project Architect
- There are various affordable housing projects along this street.
- The design of the project involves the various heights of adjacent buildings.
- She displayed a photo of the design of the project.
- If they were to loose the fourth floor, they would have to design another unit but it would be only one bedroom.
(+) Midge Santora
- She lives next door to the proposed project.
- She supports this project as it is.
- She would just like to request not to have windows on her side of the building.
ACTION:          The Commission approved the project as proposed by the sponsor.
AYES:          Baltimore, Chinchilla, Fay, Lim, Salinas, and Theoharis
NAYES:          Joe
MOTION NO.          16237

F.          DISCRETIONARY REVIEW HEARING

At Approximately 6:04 PM the Planning Commission convened into a Discretionary Review (DR) Hearing.

          22.          2001.0123DD          (CABREROS: 558-6169)
                    2252 BEACH STREET - north side between Baker and Broderick Streets, Lot 009C in Assessor’s Block 0915 - Requests for Discretionary Review of Building Permit Application No. 2000/10/20/3640 proposing to add a full third story (approximately 2,000 square feet), a three-story rear addition extending to the required rear yard line, and a one-story extension with deck above projecting into the rear yard as a permitted obstruction to an existing one-story over garage, single-family residence in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
                    Preliminary Recommendation: Take Discretionary Review and approve the plans with modifications.
                    (Continued from Regular Meeting of September 6, 2001)

SPEAKER(S):
(-) Bob Chan
- He acknowledges the hard work of the Planning Director and the Planner.
- He feels bad that they couldn't resolve the issues involved. The issues that they were not able to resolve were the light and air issues.
- He displayed a model, which displayed the scale of the proposed project compared to his house and that of his neighbors. The purpose of this is to show how the proposed project will block 73% of light onto his son's bedroom.
- He asks that a side setback of 5 feet on the second and third floor in order to provide more light onto his house.
(-) Gains Maloney – Attorney
- He thanks the Commission for allowing the continuances since they believed they would be able to come to an agreement.
- The proposed alternative number 2 doesn't really give Mr. Chan all that he asked for or the project sponsor but it seems like a reasonable solution.
- This alternative also preserves a two-story façade.
- This creates a reasonable building envelope for the Ikeda's.
(-) Larry Paul – Project Architect
- The issues here are massing, light and air.
- Alternative number 2 is a reasonable one for everyone.
- Mr. Chan's suggestion of a setback would decrease the impact of a shadow.
(-) Paul Laberge – Day Light Consultant
- If the project is approved, the Garcia's will be affected in the morning and the Chan's are affected in the afternoon regarding decrease in daylight.
- He displayed photos of how the homes will be affected during morning and afternoon sunlight and during spring solstice and Winter solstice.
(+) Lisa Ikeda
- Because of their expanding family, they are planning to make an addition to their home where they have lived for 13 years.
- They were sensitive to the Chan's and Garcia's recent addition.
- Her mother-in-law was disabled last year and this is the reason they need to make an appropriate design for a handicap person. Her doctor suggested that she live close to her and her husband.
- If the top floors are setback, it would create a design that does not follow the neighborhood design guidelines.
(+) Clyde Ikeda
- His neighbor is asking for unreasonable requests.
- They have met with neighbors over 20 times. Every time they have tried to deal with issues and suggest compromises.
- Fifty-five neighbors support their project.
- The light study has erroneous information and that is the reason the why the Planning Department suggested continuance on previous hearings. Unfortunately, the information is not correct.
(+) Bill Willers
- He displayed photographs of how the light study is not correct.
(+) Bruce Oka
- He knows that from personal experience, accessibility to his mother's house is very difficult since he is disabled.
- The key issue is to be able to take care of the mother-in-law.
- Handicap accessibility should be more important than the design of the house.
- People should be able to take care of their parents.
- Health and safety is more important that aesthetics.
(+) Ernestine Weiss
- She opposes any Discretionary Review and any modifications.
- The Ikeda family needs to be able to make improvements to their home.
(+) Bob Planthold
- He urges the Commission not to take Discretionary Review.
- If the downstairs isn't accessible, it will isolate a person and the family is not together.
- Space is needed to get around any structure, any room and any unit.
(+) Aldo Ressetto
- He supports this project.
- He displayed photos of additions made throughout the neighborhood.
(+) Anne Rossetto
- She is in full support of this project.
- Mrs. Ikeda is in a wheelchair and deserves the right to be able to have proper accessibility to this house.
- There are certain requirements for a home to have if someone is in a wheelchair.
(+) Jim Green
- He has been a good neighbor to the Ikeda's and they have been good neighbors to him.
- He hopes the Commission will approve this project.
(+) Mary Bulota – Architect
- She has worked with Mrs. Ikeda on affordable housing projects.
- They have managed various homes, which have been converted to handicap accessibility.
- She strongly supports the Ikeda application.
(+) Lisa Gelfand
- This is a very consistent, modest and appropriate addition.
- In order for Mrs. Ikeda to be able to continue serving the community, they need a home that can serve them.
- The light report is not appropriate and it has misinformation.
(+) Gene Tepper
- She is a neighbor of the Ikeda's.
- She urges the Commission to allow the good wishes of the neighborhood and approve the plans as submitted.
(+) Bill Willers – Project Architect
- The staff recommendation seems to have changed because of the shadow study.
- The study is false.
- Mr. Garcia's windows have full sunlight throughout the day.
- The impact of alternative number two is not reasonable.
(+) Tucker Benton
- When he thinks of the rain and the amount of fog on Beach Street, there are not that many days where they can enjoy sunlight.
- He supports the Ikeda's plans without modifications.
(+) John Milano
- Beach Street--in a seven house row--five out of those seven have made additions to their homes.
- Everyone has had their projects supported.
- The addition the Ikeda's are proposing is a reasonable one.
(+) Joe O'Donaghue
-          He has neither a professional business nor a political relationship with the Ikeda's.
-          Because of earlier projects, you are tying the hands of this project. This project should be given the same rights that have been given to the other projects.
- He doesn't agree with staff's recommendation.
(+) Nancy Bouton
- She lives on Beach Street
- There have been many changes throughout the Marina.
-          She doesn't understand why the Ikeda's have not been allowed to go forward with their project.
-          Why are others not required to have setbacks but the Ikedas are?
(+) Diane Nishikawa
- She supports the addition proposed by the Ikeda's
- The Ikeda's give so much to their community.
- She is shocked and dismayed at what is happening today. This is why people cannot afford to live in this City and are moving to the suburbs.
(+) Terry Dollard
- She supports the proposed construction.
- She displayed pictures of how Mr. Chan's property causes a shadow onto adjacent buildings.
- Over the last four years, there has only been construction going on from Mr. Garcia's house and no one has complained.
(+) Denny Carlin
- He agrees with the previous speaker who stated that the neighborhood doesn't get much sunlight anyway.
- This project is not out of scale.
(+) Millie Valdez
- She supports the project since it will provide appropriate living for a disabled person.
(+) Ed Dollard
- His grandchildren will be 7th generation San Franciscans.
- They are not people that move away from the City.
- Once their family increased, their homes increased.
- His daughter's family provides assistance to the St. Vincent de Paul Society.
(+) John Wilkinson
- He supports this project.
- His family is planning an addition to his home in the near future so he knows what the Ikeda's are going through.
- People with disabilities deserve the right to live in an appropriate home.
(+) Dr. John Dollard
- He supports this project and agrees with everything the previous speakers have said.
(+) Jan Dollard
- She supports this project.
- She feels that her niece's mother-in-law should be able to live with them instead of a nursing home.
- She believes that our parents can live much longer if they live with their families.
(+) Anita Sanchez
- She supports this project.
- The project meets with all the code requirements.
- She has had to deal with elderly parents and believes that they live better with their families.
(+) Steve Pamerantz
- He supports the project.
- He used to work for the telephone company and has experience in the public policy arena.
- When it comes to a matter of safety, this becomes a priority over everything.
- He hopes that the Commission takes this into consideration.
(+) Stanley Hellman
- He is not an architect, a lawyer or a planner.
- He met Mr. Ikeda in Guatemala where he was working with his medical team.
- These are good honest people and hopes that the Commission approves the extension to their house.
(+) Mark Levil – Structural Engineer
- There are fiscal impacts imposed by side setbacks. They are costly. His fee would increase by about 20 to 25%.
- He displayed a diagram of a floor plan.
(+) Norm Bouton
- He lives on Beach Street.
- There is no consistency with building levels of the homes in the neighborhood.
- The Ikeda's are the kind of people that he would like to remain in the neighborhood.
ACTION:          The Commission took discretionary review and approvedd the project with modifications offered in alternative two as recommended by the Department. They instructed staff to obtain revisions to the building permit application to achieve the following: 1) the depth of the proposed third floor, measured from the front property line, shall be set back 15 feet; 2) the stepped interior of the third floor shall be eliminated to produce an overall lower roofline; 3) parapets shall be eliminated on the roof; 4) setbacks, 3-feet wide each, shall be provided on both sides of the proposed third floor for a depth of 44 feet form the front property line; 5) at the northeast corner of the proposal, a 3-foot wide side setback shall be provided at the second and third floors for a depth of 10 feet from the proposed rear wall.
AYES:          Baltimore, Chinchilla, Fay, Salinas, and Theoharis
NAYES:          Lim
                    ABSENT:          Joe

          23.          2001.0705DD                                                   (NIKITAS: 558-6306)
                    2258 BEACH STREET - north side between Baker and Broderick Streets, Lot 009D in Assessor’s Block 0915 - Requests for Discretionary Review of Building Permit Application No. 2000/04/25/8211, proposing to add a prefabricated solarium ("greenhouse") on a second-story rear deck. The existing building is two-story over garage and rooms down, single-family residence in 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 plans as submitted.
                    (Continued from Regular Meeting of September 6, 2001)

SPEAKER(S):
(-) Norman Bouton – 1st DR Requestor
- He lives on Beach Street.
- He has received various notices of neighbors who have done construction to homes. He has never objected to these projects.
- In June, he received a notice of permit application for a deck--something that had already been completed at Mr. Garcia's home.
- There have been various projects Mr. Garcia has done to his home and not applied for permits.
(-) Lisa Ikeda – 2nd DR Requestor
- Their concern is that Mr. Garcia is able to do things that the other neighbors are not allowed to do, for example build without permits.
- They have been living in their house for the past 12 years. This deck is a brand new deck, which is adjacent to their property.
- Mr. Garcia's architect has drawn the deck as if it were an existing deck.
- There isn't a consistent or an equitable process.
- They filed this DR because they felt that the process should be honored. Mr. Garcia has never contacted them.
- They were concerned when the new deck was extended. They feel that it would be best that the planning process be fair.
(-) Bob Planthold
- He recommends rejecting the staff recommendation and supports taking Discretionary Review.
- How can a new addition be allowed since it's inconsistent and larger than the permit?
(-) Nancy J. Bouton
- She lives on Beach Street.
- She would like to have the Commission check on the reality of what is going on and how unhappy the neighbors are and have been because of this project.
(-) John Milano
- He supports taking a Discretionary Review.
- Mr. Garcia has not been a good neighbor and throughout his project, he has not offered any good neighbor gestures.
(-) Jean Tepper
- She lives on Jefferson Street.
- She is concerned about the matter in which Mr. Garcia has handled all the work at his home.
- Mr. Garcia is going to create less air in the back yard.
-          The parapet will create very little house into Mr. Garcia's greenhouse.
-          There should be some consequences for people who take the law into their own hands.
(-) Marla Silveri
- She lives on Baker Street.
- Mr. Garcia's project has gone on for many years and she never received any notice about this.
- Mr. Garcia has glass blocks throughout his house. He has made it so difficult for his neighbors to make additions to their homes.
(+) Larry Paul – Project Architect
- He has been working on the project for slightly less than 3 years.
- All projects have been done in a timely fashion.
- Throughout the projects, Mr. Garcia has not received any phone calls in opposition.
- This greenhouse does not have a negative impact on the neighbors. The glass will not be reflective.
- All the construction that has been done to Mr. Garcia's home has been done with permits.
ACTION:          Take Discretionary Review and (1) disapprove deck and greenhouse extention to 12 feet in depth; (2) allow deck & greenhouse 9 feet deep as approved by the Board of Appeals.
AYES:          Baltimore, Chinchilla, Fay, Lim, Salinas, and Theoharis
          ABSENT:          Joe

          24          2001.0525DDD           (SIROIS: 558-6313)
1489--5TH AVENUE- west side of 5th Avenue, between Kirkham Street and Judah Street, Lot 022, Assessor’s Block 1848 - Request for Discretionary Review of Building Permit Applications 2001/02/23/2854 and 2001/02/23/2857 proposing the demolition of a single-family dwelling, and construction of a two-unit residential building in an RH-2 (Residential, Two Family House) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Take Discretionary Review and approve project with conditions.
(Continued from Regular Meeting of August 16, 2001)

SPEAKER(S):
(-) Al Rosen – 1st DR Requestor
- He submitted a petition that 150 people signed who are against the project.
- Besides the scale of the building, his other issue is neighborhood character.
- The proposal will intrude into his rear yard.
- There is a core of long-term residents. These residents believe that they should protect the stability of the neighborhood.
(-) Eugene Salazar– 2nd DR Requestor
- There is a shadow and light affect, which will be cast on their house because of the proposed project.
- They have an atrium, which will be blocked from sunlight.
(-) Pam Duffy – Representing 3rd DR Requestor
- She passed several summaries regarding this project to the Commissioners.
- The proposal will be the biggest unit on the block.
- They are asking for a modest request, which has been rejected.
(-) Stephen Arkin
- He has lived on 5th Avenue since 1986.
- His issue is regarding the character of the neighborhood.
- He is not opposed to having new housing in the neighborhood but there should be respect for truth, character and scale.
(-) Ila Bentzman
- She has lived in the neighborhood for 32 years.
- She does not object to the need for a two unit home but the scale will tower over the other structures in the neighborhood.
- The proposed project will threaten a tree at her neighbor's house since there will be deep excavation.
- This project will also affect the light coming into her home and her privacy.
(-) Marshall R. Bentzman
- His concerns are with changing the character of the neighborhood and the scale, height and size of this project.
(-) Marysia Springenberg
- She has lived on 6th Avenue for 33 years.
- This is the first time she has been against a construction project in her neighborhood.
- She will be impacted by this building because her yard will not receive any light during the winter months.
- She is also concerned with the scale of the project since there will be 4 units instead of 2. She fears that these units will become rental units.
- This project will be too overwhelming for the neighborhood.
(-) Susan McGuire
- She has lived on 6th Avenue for 25 years.
- She agrees with the comments of her neighbors.
- Parking is a problem in this neighborhood.
- A proposed two unit building should consider the impact on parking in this neighborhood.
(+) Alice Barkley – Representing Project Sponsor
- There are only two, two-story buildings on the entire block face.
- The proposed project is almost identical in height to the DR requestor's home.
- The proposed project will not intrude into the rear yard corridor.
- There will be no impact on light since the project is on the north side of Mr. Rosen's house.
(+) Leo Cassidy
- He is in support of the project.
(+) Joe O'Donaghue
- He supports this project since it's a modest construction.
ACTION:          Take Discretionary Review and approve with modifications: The project is to be 11'-8 shorter and the 1st floor stairs are to be brought up to code.
AYES:          Baltimore, Chinchilla, Fay, Lim, Salinas, and Theoharis
ABSENT:          Joe

25.          2001.0766D (MARTIN: 558-6616)
426 BRANNAN STREET - north side between 3rd and 4th Streets, Lot 015 in Assessor’s Block 3776 - Mandatory Discretionary Review for a full-service restaurant (Brickhouse Cafe) to serve alcohol per Resolution No. 14844 (South End Districts --Ballpark Area Permanent Controls Discretionary Review Policy) within the SLI (Service/Light Industrial) District/Ballpark Special Use District and 50-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the Brickhouse Cafe’s application for an Alcoholic Beverage License Type 41 (on-sale beer and wine).

SPEAKER(S):
(+) David Simonsmeyer – Owner
- He is trying to be open in the evenings and serve beer and wine.
ACTION:          Do not take Discretionary Review and approve project.
AYES:          Baltimore, Chinchilla, Fay, Lim, Salinas, and Theoharis
ABSENT:          Joe

26.          2001.0709D (PURVIS: 558--6354)
245 CONNECTICUT STREET - east side between 18th and Mariposa Streets; Lot 24 in Assessor’s Block 4003. Mandatory Discretionary Review of Building Permit Application No. 2001/04/25/7660 to merge two dwelling units into one within an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the merger.

SPEAKER(S):
(+) Kitty Quin Friel
- They bought the property with the intention of converting it back into a single family home.
- There was a tenant in the upstairs unit. When they purchased the property, the tenant mentioned that he was planning to move to Marin within a period of 6 months.
- They plan to have her husband's parents move in with them.
- Her husband's sister lives on Connecticut Street as well.
(+) Kathy Stannard Friel
- She and her husband have lived on Connecticut Street for 18 years.
- Several members of her family live near by.
- The entire family has always taken care of each other.
- Her dad is getting frail and will need help soon.
- Although her parents will be living at her brother's house, the entire family will be able to take care of them.
(+) Jane Wyatt
- She lives next door to the Friel's.
- She represents the other neighbors who support this merger.
- She hopes that the Commission will approve this project.
ACTION:          Do not take Discretionary Review and approve project.
AYES:          Baltimore, Chinchilla, Fay, Lim, and Salinas
NAYES:          Theoharis
ABSENT:          Joe

27.          2001.0594DD           (SIDER: 558-6697) 1009 GUERRERO STREET - east side between 22nd and Alvarado Streets, Lot 019 in Assessor’s Block 3633 - Requests for Discretionary Review of Building Permit Application Number 2001.03.29.5536 to change the legal use of ground level commercial space from  Retail Sales and Services' (Planning Code Section 710.40) to  Full Service Restaurant' (Planning Code Section 710.42) in an NC-1 (Neighborhood Commercial Cluster) District with a 40-X Height and Bulk designation. No physical modifications are proposed under this permit application. One request for Discretionary Review has been initiated by a member of the public and the other is a mandatory Discretionary Review for a change of use within the Mission District, pursuant to Board of Supervisors Resolution No. 518-01.
Preliminary Recommendation: Take Discretionary Review by approving the project as proposed and recording a Notice of Special Restrictions on the property.

SPEAKER(S):
(+) Miriam Cantor – Guerrero Neighborhood Association
- Her neighborhood is saturated with restaurants.
- She is very happy to say that the owners of this restaurant have been willing to sit down and negotiate with the representatives of the association and with her and her roommate.
- They have come to an amicable and workable agreement about their concerns.
- She hopes that the Commission will approve the special conditions suggested in the staff report.
(+) Raymond Raymond
- He has participated in various planning processes in San Francisco.
- He hopes that the Commission approves the use of this particular store front.
ACTION:          Take Discretionary Review and approve with recording of NSR.
AYES:          Baltimore, Chinchilla, Fay, Lim, Salinas, and Theoharis
ABSENT:          Joe

28.          2001.0596DDDDD (CABREROS: 558-6169)
760 EL CAMINO DEL MAR - north side between Lake Street and 30th Avenue, Lot 2C in Assessor’s Block 1307. Requests for Discretionary Review of Building Permit Application Nos. 2000/1130/6911 and 2000/1130/6904 proposing to demolish an existing single-family house and construct a new 12,032 square-foot single-family house. The new house is proposed to be two stories in height (26’-6" from grade to top of parapet) at its street frontage with two additional below-grade levels exposed at the rear of the house on a down sloping lot. The project site is within an RH-1(D) (Residential, House, One-Family, Detached) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Take Discretionary Review and approve the project with modifications.

SPEAKER(S):          None
ACTION:          Continued without hearing to October 11, 2001
AYES:          Baltimore, Chinchilla, Fay, Lim, Salinas, and Theoharis
ABSENT:          Joe

29.          2001.0729D (M. SNYDER: 558-6891)
112 LIBERTY STREET - between Dolores and Guerrero Streets, Lot 043 in Assessor’s Block 3607 – Request for Discretionary Review of Building Permit Application Number 2001/03023336 proposing to construct a three-story addition at the rear of the house, raise the house by 18 inches, and make other minor modifications in an RH-2 (Residential, House, Two-Family) District, a 40-X Height and Bulk District, and the Liberty Hill Historic District.
Preliminary Recommendation: Do not take Discretionary Review

SPEAKER(S):
(-) Gloria Malone – DR Requestor
- She thanks the Commission for staying so late.
- She is opposed to this project because it will block the view from her bedroom and she will loose her privacy.
(+) Genie Frez
- The house is in need of repair so they would like to update it to meet the needs of modern family living and bring it up to the character of the Liberty Hill district.
- They have designed a moderate addition.
- They are removing the bay window that looks into her neighbor's home. There will be no windows on that side of the house.
(+) Christopher Frez
- In their proposal there will be no bay windows on the side of the house. There will be no windows on the west side of the building.
- The DR requestor's privacy will greatly be improved.
- The proposal will greatly restore the historical contribution of Liberty Hill.
ACTION:          Do not take Discretionary Review and approve project.
AYES:          Baltimore, Chinchilla, Fay, Lim, Salinas, and Theoharis
ABSENT:          Joe

30.          2001.0712D (VOLLMANN: 558-6405)
1080-1082 FILBERT STREET - north side between Jones and Leavenworth Streets, Lot 018 in Assessor’s Block 0093. The proposal is to merge a two unit building into a single-family home. This building permit application (No. 2001/07/09/3150) is subject to a Staff-Initiated Discretionary Review action for Dwelling Unit Merger per Commission Resolution No. 16078. The subject property is located in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District
Preliminary Recommendation: Do not take Discretionary Review and approve the building permit as submitted.

SPEAKER(S):          
(+) Alice Barkley – Representing Project Sponsor
- The project sponsor lives in a small unit. They will need a larger unit after their second child is born.
- The unit that is currently occupied will become a rental unit.
- She urges the Commission to approve the merger.
(+) Christine Knight
- They are looking forward to the Commission approving the merger since this will allow their family to live in a larger place and remain in the City.
ACTION No. 1:          Do not take Discretionary Review and approve project.
AYES:          Baltimore, Fay, Lim
NAYES:          Chinchilla, Theoharis, Salinas
ABSENT:          Joe
RESULT:          The motion failed to carry. The matter was continued to September 20, 2001 to allow the absent commissioner (Commissioner Joe) to participate.

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))

NONE

Adjournment: 10:55 p.m.


THE DRAFT MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, NOVEMBER 8, 2001.

Last updated: 11/17/2009 10:00:13 PM